Presentation_02S_RuleReview_08May2024

2024 Existing Rule Review
15A NCAC 02S Dry-Cleaning Solvent Cleanup Fund
Jessica Montie, DWM
May 8, 2024, GWWMC
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Periodic Review of Existing Rules
•G.S. 150B-21.3A requires all rules be reviewed every
10 years.
•There are three steps to the review:
1.Agency Review
2.Rules Review Commission (RRC) Review
3.Joint Legislative Administrative Procedure
Oversight Committee (JLAPOC) Review
2
Agency Review
•Agencies place rules into one of two categories:
1.Unnecessary –a rule that the agency determines to be obsolete, redundant or otherwise not needed
2.Necessary –any rule other than an unnecessary rule
•Agency accepts public comments (60 days)
•Agency finalizes report, including a response to
comments
•Submit to RRC for review
3
RRC and JLAPOC Review
•RRC prepares a final determination report and submits to JLAPOC
•Agency’s initial determination
•All public comments and agency’s response to public comments
•Summary of RRC determination
•All rules the agency determined to be unnecessary and without public comment shall expire
•All rules the agency determined to be necessary shall be readopted
•Final determination does not become effective until after JLAPOC review
•If JLAPOC does not meet within 60 days of receiving report, RRC determinations become effective.
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DWM Rules within GWWMC
HW, SW, and SF Rules
#Title Previous
Review
RRC
Deadline
02S Rules and Criteria for the Administration of the Dry-
Cleaning Solvent Cleanup Fund 2015 Feb-25
13A Hazardous Waste Management 2017 Apr-27
13B Solid Waste Management 2017 Apr-27
13C Inactive Hazardous Substance or
Waste Disposal Sites 2017 Apr-27
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DWM Rules within GWWMC
UST Rules
#Title Previous
Review
RRC
Deadline
02T
Waste Not Discharged to Surface Waters
(Section .1500 Soil Remediation) -
Published for Public Notice
2014 Oct-24
02L Groundwater Classification and Standards
(Only .0400 and .0500 AST and UST are DWM)2018 Aug-25
02N Criteria and Standards Applicable to USTs 2018 Aug-25
02O Financial Responsibility Requirements for Owners
and Operators of USTs 2018 Aug-25
02P Commercial Leaking Petroleum UST Cleanup Fund 2018 Aug-25
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02S –Dry-Cleaning Solvent Cleanup Fund
•15A NCAC 02S promulgated under Chapter 143, Article 21A, Part 6 of the
General Statutes (G.S. 143-215.104A –143-215.104U)
•DWM Program Website: https://www.deq.nc.gov/about/divisions/waste-
management/superfund-section/dry-cleaning-solvent-cleanup-act-program
•Purpose of existing rules -to establish the following:
•criteria for determining eligibility for certification into the NC Dry-Cleaning Solvent
Cleanup Fund program;
•minimum management practices;
•a risk-based approach for assessment and remediation of certified facilities; and
•criteria for the disbursement of funds from the NC Dry-Cleaning Solvent Cleanup
Fund.
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Rule Review
•14 rules categorized as necessary
•2 rules categorized as unnecessary:
•Rule .0302 Other Potentially Responsible Parties
•Rule .0507 Remedial Action Plan
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02S –Dry-Cleaning Solvent Cleanup Fund
Rule .0302 “Other Potentially Responsible Parties” is categorized as unnecessary because:
•The first part of the rule is simply permission for the Division to notify other Potentially Responsible Parties (PRPs) that a petition has been filed for the site. It is public record that a petition has been filed, and as such, a rule is not necessary for DSCA to be able to notify another PRP of the filing.
•The second part of the rule deals with requesting information about a site from other PRPs. The rule is not necessary for the DSCA Program to request this information. The petitioner is already required by G.S. 143-215.104F to provide information necessary to demonstrate that the site is eligible for the program.
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02S –Dry-Cleaning Solvent Cleanup Fund
Rule .0507 “Remedial Action Plan” is categorized as unnecessary because:
•When the rule was originally written, the DSCA Program was the first DWM program to implement risk-based rules. As this rule is written, a remedial action plan (RAP) was to be prepared for any site that exceeded risk-based levels.
•As risk-based rules were implemented, it became apparent that RAPs were not necessary since any site that exceeds risk-based levels will be closed out under land-use restrictions and a risk management plan.
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02S –Dry-Cleaning Solvent Cleanup Fund
Rule .0507 “Remedial Action Plan” is categorized as unnecessary because (continued):
•Remedial action under the DSCA Program is conducted for purposes
of either:
•eliminating a potential exposure pathway at a site under Rule .0502, “Abatement of Imminent Hazard;” or
•reducing contaminant levels at the site under Rule .0505, “Preliminary Source Removal.”
•Neither of these circumstances require a RAP to be prepared.
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02S –Dry-Cleaning Solvent Cleanup Fund
DEQ solicited feedback on these categories from the following stakeholders:
•DSCA Stakeholder meeting group which has been in existence since 1997 and meets twice a year. This group consists of:
•dry-cleaner owners/operators;
•attorneys;
•bankers;
•environmental consultants;
•representatives of environmental advocacy groups; and
•DWM DSCA Program staff.
•North Carolina Association of Launderers and Cleaners (NCALC) Representatives
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02S –Dry-Cleaning Solvent Cleanup Fund
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GWWMC Approval to Proceed to EMC
May 8, 2024
EMC Approval to Notice
July 11, 2024
File with OAH
July 12, 2024
Public Comment
Period Begins
July 19, 2024
Public Comment Period Ends
September 17, 2024
EMC Adoption
November 14, 2024
RRC Due Date
January 20, 2025
RRC Review
February 26, 2025
Review Timeline
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Request
DWM Requests approval to proceed to the
EMC with the Rules Review Report Initial
Determinations for 15A NCAC 02S.
Questions?
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Department of Environmental Quality
Jessica Montie
Environmental Program Consultant
Division of Waste Management
[e-mail]
[phone]