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HomeMy WebLinkAboutPresentation_InfoItem_GWStandards_SheltonNorth Carolina 15A NCAC 02L .0202 Groundwater Quality Standards Bridget Shelton Division of Water Resources, Classifications and Standards/Rules Review Branch January 2023 GWWMC Information Item NC Groundwater Quality Standards Federal Requirement No North Carolina Rule 15A NCAC 02L .0202 Population Human Adults Target use Ingestion Household use Standard endpoints Noncancer Cancer Aqueous taste and odor 2 North Carolina Groundwater Quality Standards •Maximum allowable concentrations which may be tolerated without creating a threat to human health or which would otherwise render the groundwater unsuitable for its intended best usage •Best Usage: existing or potential source of drinking water supply for humans •Protect groundwaters of the state as a resource for human consumption •Implemented in various programs including site clean-ups, risk assessments, health evaluations, etc. Groundwater Quality Standards Rule Title 15A NCAC Subchapter 02L –Groundwater Classifications and Standards Section .0100: General Considerations Section .0200: Classifications and Groundwater Quality Standards .0201 Groundwater Classifications .0202 Groundwater Quality Standards 3 •Substances which are not naturally occurring and for which no standard is specified shall not be permitted in concentrations at or above the practical quantitation limit (PQL). •Where the standard for a substance is less than the PQL, the detection of that substance at or above the PQL constitutes a violation of the standard. 4 Groundwater Quality Standards Rule Language 15A NCAC 02L .0202 (b) and (c) •Where two or more substances exist in combination, the Director shall consider the effects of chemical interactions. •Where naturally occurring substances exceed the established standard, the standard shall be the naturally occurring concentration as determined by the Director. 5 Groundwater Quality Standards Rule Language cont. 15A NCAC 02L .0202 (b) Established as the least of the following: 1.Systemic/non-cancer threshold concentration 2.Concentration which corresponds to an incremental lifetime cancer risk of 1x 10-6 3.Taste threshold limit value 4.Odor threshold limit value 5.Maximum contaminant level 6.National secondary drinking water standard 6 Developing Groundwater Quality Standards 15A NCAC 02L .0202 (d) Using the following references in order of preference: 1.EPA Integrated Risk Information System (IRIS) 2.EPA Drinking Water Health Advisories 3.Other EPA health risk assessment data 4.Other relevant, published health risk assessment data and scientifically valid peer-reviewed published toxicological data 7 15A NCAC 02L .0202 (e) Developing Groundwater Quality Standards cont. Groundwater Standards Calculation 8 Water consumption Noncancer 𝐺𝐺𝐺𝐺𝐺𝐺𝐺𝐺=𝑅𝑅𝑅𝑅𝑅𝑅× 𝐵𝐵𝐺𝐺× 𝑅𝑅𝐺𝐺𝑅𝑅𝐺𝐺𝑅𝑅𝑅𝑅 Cancer 𝐺𝐺𝐺𝐺𝐺𝐺𝐺𝐺=𝑅𝑅𝑅𝑅× 𝐵𝐵𝐺𝐺𝑅𝑅𝐶𝐶𝐶𝐶× 𝐺𝐺𝑅𝑅𝑅𝑅 Toxicity benchmarks RfD = Oral Reference Dose CPF = Carcinogen Potency Factor or Cancer Slope Factor (CSF) Exposure estimates RSC = Relative Source Contribution (0.1 for inorganics; 0.2 for organics) BW = Body Weight = 70 kg (adult) WCR = Water Consumption Rate = 2 L/day (adults) RL = Risk Level = 1x10-6 GW standard based on noncancer endpoint 7.00E-02 mg/kg/day 70 kg 0.2 unitless value WI = average daily human adult water intake3 2 L/day 1000 = conversion factor 1000 µg/mg Calculated GW Standard using noncancer endpoint 490 µg/L GW Standard based on cancer endpoint RL = risk level 1.00E-06 70 kg q1* = carcinogenic potency factor (slope factor)4 0.029 (mg/kg /day) -1 WI = average daily human adult water intake3 2 L/day 1000 = conversion factor 1000 µg/mg Calculated GW Standard using cancer endpoint 1.2 µg/L RfD = reference dose1 WT = average adult human body weight2 GWQS = [(RL x WT) / (q1* x WI)] * 1000 GWQS = [(RfD x WT x RSC) / WI] * 1000 RSC= relative source contribution WT = average adult human body weight2 9 Groundwater Standard Methodology How are chemicals chosen to receive IMACs? Any person may request the Division of Water Resources Director to establish an IMAC for a substance for which a groundwater standard has not been established. How are IMACs developed? Following the guidelines in 15A NCAC 02L .0202(c) and the calculations and references in 15A NCAC 02L .0202(d) and (e). Who establishes IMACs? The Director of DWR. Are IMACs legally enforceable? Yes, per 15A NCAC 02L .0202. 10 Interim Maximum Allowable Concentrations (IMACs) 15A NCAC 02L .0202(c): substances which are not naturally occurring and for which no standard is specified shall not be permitted in concentrations at or above the practical quantitation limit (PQL) 11 IMAC Establishment Process 15A NCAC 02L .0202(c)(1)-(4) Any person may request the Director of the Division of Water Resources to establish, update, or remove an Interim Maximum Allowable Concentration (IMAC): 1.The Division reviews the request to determine whether the information submitted is in accordance with 15A NCAC 02L .0202(d) and (e). 2.The Director may request additional information from the requester if information is not in accordance with the rule. The Director returns the request if additional information is not provided. 3.At least 30 days prior to establishing, updating, or removing an IMAC for any substance, the Division shall provide public notice and opportunity for comment that an IMAC has been requested to be established, updated, or removed. 4.The Director shall establish, update, or remove the IMAC or return the request within 180 calendar days of receipt of a request. 12 IMAC Establishment Process continued 5.Within 12 months of establishing an IMAC, the Director shall make a recommendation to the Commission whether: a)a new groundwater standard in place of the IMAC should be established; or b)the IMAC should expire. 6.An IMAC shall expire either: a)the date the Commission declines to initiate rulemaking to adopt a new groundwater standard in place of the IMAC; b)the effective date of the rule adopted by the Commission establishing a new groundwater standard in place of the IMAC; or c)after initiating rulemaking, the date the Commission declines to adopt a new groundwater standard in place of the IMAC. 7.For any IMAC that expires prior to the adoption by the Commission of a new groundwater standard in place of the IMAC, any person may request an IMAC be established again. 15A NCAC 02L .0202(c)(5)-(9) 13 IMAC Establishment Process Reporting •If the Director establishes or updates an IMAC, the IMAC shall be posted on DWR's website, and the Commission shall be notified in writing within 30 calendar days and at the next regularly scheduled Commission meeting. •The Director shall provide an annual update to the Commission on the status of pending IMAC requests and any IMACs that have been established, updated or removed during the previous calendar year. 15A NCAC 02L .0202(c)(5)-(9) Comparison of IMACs and Groundwater Standards IMACs Groundwater Standards Time-frame Temporary Permanent Regulatory Framework 15 NCAC 02L .0202 15 NCAC 02L .0202 Scientific Review Process DPH/DWM secondary review DPH/DWM secondary review Public Comment No Yes Public Hearing No Yes Fiscal Analysis No Yes Public Notification of Value Yes (NC Register and Website)Yes (NC Register and Rule) Legally Enforceable Yes Yes Approval Process Division of Water Resources Director Environmental Management Commission 14 More information on IMACs can be found here:Groundwater IMACs Periodic Review of the Groundwater Standards Rule •15A NCAC 02L .0202 (g): Groundwater quality standards and interim maximum allowable concentrations shall be reviewed on a triennial basis. •DWR staff review the toxicological research and literature in accordance with 15A NCAC 02L .0202. •DWR staff consider appropriate modifications and prepare reports which are reviewed by internal staff •DWR submit prepared reports to DWM and DHHS toxicology staff for review and/or further discussion and comment 15 Periodic Review of the Groundwater Standards Rule 16 Development •Staff review available guidance & literature and develop Triennial Review package •Staff present TR to Environmental Commissions (GWWMC/EMC) •Public notice & hearings •TR goes to EMC for review/comment/modifications State Approval •EMC approves TR to become standards in rule •RRC reviews TR for language/intent/legality and modifies/approves TR •Triennial Review codified in NC state law •15A NCAC 02L .0202 Groundwater Quality Standards rule most recent review •EMC approved revisions on March 10, 2022 •Revisions became effective April 1, 2022 •Information on rulemaking can be found here: •Groundwater Triennial Review and Rulemaking 17 Periodic Review of the Groundwater Standards Rule Remaining IMACs 18 •16 remaining IMACs will be included in the upcoming review of the groundwater standards •They will be presented to the EMC for either removal or for adoption as a groundwater standard •Prior to the next triennial review, any person may request that an IMAC be updated or removed, following the process in 02L .0202(c) •More information on IMACs can be found here:Groundwater IMACs Thank you! 19 Bridget Shelton Groundwater Quality Standards Coordinator bridget.shelton@ncdenr.gov (919)-707-9022 DWR, Classifications, Standards & Rules Review Branch: https://deq.nc.gov/about/divisions/water-resources/planning/classification- standards