Presentation_PFAS-02L-GWStandards_Implementation_Montie

Groundwater and Waste Management Committee, January 10, 2024
Implementation Strategy for Existing and Proposed
PFAS Groundwater Quality Standards
Discussion Topics
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Department of Environmental Quality - Waste Management
•Existing 02L Requirements
•Plan for Addressing PFAS Impacts to Groundwater at DWM-Regulated Sites
•DWM Implementation Timeline
•Implementation for DWM Program Areas
•Changes to DWM Implementation if Rule Amendment Becomes Effective
•Implementation for DWR Groundwater Programs
Existing Requirements for Remediation
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Department of Environmental Quality - Waste Management
•The proposed amendment to 15A NCAC 02L .0202 would change the
groundwater standards for eight PFAS to a specific and consistent number
based on human health toxicity assessments.
•If the new standard is above the PQL, the new higher standard is applicable. If
the new standard is at or below the PQL, the standard would be the PQL.*
•The general requirements for remediation of groundwater contamination are
found in 15A NCAC 02L .0100.
•DWM program-specific requirements for assessment, corrective action, and
remediation for groundwater contamination can also be found in 15A NCAC 02T,
13A, 13B, and 13C and the General Statutes.
( * ) See 15A NCAC 02L .0202(b)(1) and (c)
DWM Potential Source Evaluation and Screening
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•As a part of the proposed plan under existing rules, DWM will review and evaluate sites regulated by DWM’s Core Program Areas:
•Hazardous Waste (HW) Permitted Facilities
•Solid Waste (SW) Sanitary Landfills
•Superfund (SF) Contaminated Sites
•Underground Storage Tank (UST) Soil Remediation Sites
•UST Petroleum Incident Sites
DWM Potential Source Evaluation and Screening
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•The initial screening will identify existing sites where exceedances of PFAS standards are more likely to be found by:
•Reviewing and utilizing existing site history and status information and monitoring data. (ex. prioritization of IHS under G.S. 130A-310.2)
•Comparing to the priority list of industry categories known or suspected to discharge PFAS in the US EPA’s memo issued December 5, 2022.* ​
( * ) US EPA Guidance Memo Issued December 5, 2022, titled: “​Addressing PFAS Discharges in NPDES Permits and
Through the Pretreatment Program and Monitoring Programs”
Impacts of Screening to Drinking Water Sources
•Groundwater supports approximately 50% of drinking water use in the state.
•Public Water Supply Sites
•80% of approximately 2300 Public Water Systems rely on groundwater as
drinking water source.
•17% of groundwater sites tested thus far exceed EPA proposed primary drinking
water standards (excluding private wells).
•Private Drinking Water Wells
•Hundreds of thousands of residents rely on groundwater sourced wells.
•Water quality not regulated by state or federal agencies.
•Often first receptors to be affected by contamination leaving a source
•Identification and screening for PFAS at DWM program
sites will compliment compliance with drinking water standards.
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Initial PFAS Monitoring
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•Once that initial screening is completed*, existing DWM sites that are identified by that screening will be required to conduct an initial monitoring of groundwater for PFAS under existing rules (if they have not already).
•DWM will provide written notice to the identified sites of the monitoring requirement, including a deadline to submit analysis results (ex.: one year from date of notice).
•DWM will review results relative to groundwater standards at the time of receipt (for the 8 PFAS with proposed standards, this standard will either be the PQL under existing rules or the new standards if the proposed rule amendment is effective).
( * ) Screening based on DWM existing site knowledge and US EPA Guidance Memo Issued December 5, 2022.
Preliminary/Draft Screening of DWM Sites Prioritized for Initial Monitoring
DWM Site Type Number of Sites in
Program
% of Sites Identified by Preliminary
Screening (not complete**) as a
Priority for Initial Monitoring
HW Permitted Facilities*76 26%
SW Sanitary Landfills 301 100%
UST Permitted Soil Remediation Sites 19 100%
UST Program Petroleum Incidents 25 100%
SF Inactive Hazardous Sites **1951 49%
SF Federal Remediation 75 33%
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( * ) Includes 2 AFFF fire-fighting training facilities, even though it is not currently HW.
( ** ) 43% of IHSB Sites are Unknown/Not Screened yet because contamination source and/or industry type may
not be identified/known. SF PRLF Sites (~693 sites) and SF DSCA Sites (~500 sites) have not yet been
screened. Brownfield Sites under remediation are included in IHSB sites.
Sites Where PFAS Contamination is Identified
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Department of Environmental Quality - Waste Management
Proposed steps to be taken under existing rules at sites where initial monitoring identifies PFAS 02L exceedances (where applicable, and may not be sequential):
•Attempt to determine responsible party or activity that caused exceedance.
•Conduct or update receptor survey.
•Determine if there are any impacts to identified receptors and address.
•If source identified at an operating DWM permitted facility, may revise permit conditions to prevent further contamination if possible.
•If warranted, conduct assessment to determine extent of contamination and off-site impacts.
•If warranted, conduct remediation (which may be a risk-based remedy where applicable).
Plan Implementation Timeline
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Department of Environmental Quality - Waste Management
•January 2024: Hold multiple stakeholder meetings to discuss implementation plan and their concerns.
•By end of 2024: Expect to complete initial screening and notice to complete initial monitoring for PFAS.
•2025-26: Identify sites with exceedances of groundwater quality standards for the eight PFAS chemicals (either PQL or proposed standards).
•2026-27: Begin steps for assessment and remediation at sites where PFAS exceedances are identified.
•Completion of remediation will vary by site and will depend on site-specific factors and type of remediation.
Example: PFAS Monitoring for Solid Waste Sanitary Landfills
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Department of Environmental Quality - Waste Management
•Solid waste sanitary landfills identified as potential source of PFAS.
•Notified sanitary landfills in July 2023 to include PFAS analysis in next two monitoring events.
•Beginning to receive some sampling results.
•Currently comparing to EPA proposed national primary drinking water standards for six PFAS chemicals and Chemours Consent Order Attachment C to determine action levels.
•Requiring updates to receptor surveys where PFAS is detected above the action level criteria.
DWM Impacts from Proposed Amendment to 02L .0202(h)
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Department of Environmental Quality - Waste Management
The proposed amendment to 15A NCAC 02L .0202(h) to include groundwater quality standards for eight PFAS chemicals does not change the applicability, requirements, and procedures for addressing 02L exceedances under existing rules in 15A NCAC 02L .0100 for the following facilities/sites:
•Hazardous Waste Permitted Facilities
•Solid Waste Sanitary Landfills
•Superfund Contaminated Sites (including those referred by the Brownfields Program)
•UST Petroleum Incident and Permitted Soil Remediation Sites (AFFF)
DWM Impacts from Proposed Amendment to 02L .0202(h)
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Department of Environmental Quality - Waste Management
•The proposed amendment will provide clarity on addressing PFAS exceedances in groundwater.
•Impacts are expected to be limited to outcomes for individual sites in these programs, depending on the level of the eight PFAS standards if adopted and the levels of the eight PFAS where it is detected.
•Some sites may see benefits through reduced need for assessment and/or shorter remediation times.
DWR Impacts from Proposed Amendment to 02L .0202(h)
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Department of Environmental Quality - Waste Management
Underground Injection Control (UIC) Well Program
•Impacts to the UIC Well Program are not expected because permits issued under this program for the purpose of remediation are focused on construction and operation of the wells.
•The program that referred a party to the UIC program would have made the determination as to whether underground injection is an appropriate option for remediation.
Central Coastal Plain Capacity Use Area (CCPCUA) Permits
•The amendment is also not expected to impact CCPCUA Permits, because these permits are based on capacity of groundwater withdrawal and well construction standards and not groundwater quality.
DWR Impacts from Proposed Amendment to 02L .0202(h)
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Department of Environmental Quality - Waste Management
Non-Discharge Program
•There may be impacts to permitting decisions in the non-discharge program, but the impacts would be limited to a small number of facilities (less than 20).
•Investigative and source assessment sampling need to be performed.
•Any impacts are difficult to estimate at this time because there is no established methodology to calculate discharge limits for PFAS.
•Any changes to the program would not be able to be implemented until an appropriate test method is published.
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Questions?
Jessica Montie
Division of Waste Management
NC DEQ
[e-mail]