Presentation_15A_NCAC_02S_Doorn

November 8, 2017 Groundwater & Waste Management Committee
Readoption of 15A NCAC 02S
Pete DoornDivision of Waste Management
Overview
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Department of Environmental Quality
•The Division of Waste Management is requesting approval from
the Groundwater & Waste Management Committee to proceed to
the Environmental Management Commission for public notice and
hearing for readoption of 15A NCAC 02S –Rules and Criteria for
the Administration of the Dry-Cleaning Solvent Cleanup Fund
•Rules are proposed for readoption pursuant to G.S. 150B-21.3A
•Proposed amendments are also included for clarification and
consistency
•A regulatory impact analysis is underway in consultation with the
Office of State Budget and Management
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Program Summary
Dry-cleaning Solvent Cleanup Act of 1997 (§143-215.104)
•establishes fund and a program to clean up dry-cleaning
solvent contamination and prevent releases
•authorizes commission to develop/enforce rules for
managing the cleanup program and preventing releases
15A NCAC 02S: Rules and Criteria for the Administration of
the Dry-cleaning Solvent Cleanup Fund
•Cleanup: voluntary, risk-based, state-lead, fund pays 98-
99% of cleanup costs
•Prevention: minimum management practices, air quality,
hazardous waste requirements, outreach
Department of Environmental Quality
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Purpose of Rules
15A NCAC 02S expands on statutory requirements of
§143-215.104 by providing:
•Additional definitions
•Full-time equivalent calculations for determining co-payment
percentages
•Minimum management practices for the safe storage and
handling of dry-cleaning solvents at operating facilities
•Additional filing and petitioning requirements for entry into the
cleanup program
•Requirements for conducting risk-based cleanup
Department of Environmental Quality
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Summary of Rule Review
15A NCAC 02S Rules being readopted
12 rules -Necessary with Substantive Public Interest
•EMC Approval of Initial Determination (July 2014)
•Rule Review Public Comment Period (July-September 2014)
•EMC Approval of Final Determination (January 2015)
•Rule Review Commission Approval (February 2015)
•Administrative Procedures Oversight Approval (May 2015)
•RRC Scheduled Readoption (July 2018)
Department of Environmental Quality
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Summary of Rule Changes
•Updating the agency name to Department of Environmental Quality,
and deleting the former address of the Division of Waste
Management
•Amending language so that Tier 2 risk assessment parameters and
procedures are approved by the Division rather than provided by the
Division
•Deleting redundant language in the No Further Action Criteria
•Amending the upper cancer risk threshold from 1 in 100,000 to 1 in
10,000 to be consistent with risk-based cleanup criteria used by
DEQ’s risk-based programs and by EPA
A pre-review from the RRC was requested and comments were
received after materials were due for this meeting. RRC comments are
expected to require additional changes from the limited ones discussed
here.
Department of Environmental Quality
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Proposed Rulemaking Schedule
Action / Responsibility Date
Request Approval to Proceed to the EMC for Public
Comment / GWWMC
November 8, 2017
Approval of Regulatory Impact Analysis from OSBM Before January 2018
Request Approval to Proceed to Public Comment /
EMC
January 2018
Public Comment Period & Public Hearing February –April 2018
Request Approval of Hearing Officer’s Report and
Adoption of Rule/EMC
July 2018
RRC Review/Approval August 2018
Proposed Effective Date September 1, 2018
Department of Environmental Quality
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Requested Action
The Division is requesting approval to proceed to the Environmental Management Commission for public notice and hearing for readoption of the 15A NCAC 02S rules.
Questions?
Pete Doorn,
Special Remediation Branch Head
Superfund Section
Division of Waste Management
[e-mail] / [phone]
Department of Environmental Quality