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HomeMy WebLinkAboutGWWMC_ApprovedMeetingSummary_10July2024 The recording of the July 10, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/0JLe15mbeVI?si=hGpsE3Yk754ggQm1 ENVIRONMENTAL MANAGEMENT COMMISSION GROUNDWATER AND WASTE MANAGEMENT COMMITTEE MEETING SUMMARY July 10, 2024 Joe Reardon, Chair Presiding The Groundwater and Waste Management Committee (GWWMC) of the North Carolina Environmental Management Commission (EMC) addressed the following at its July 10, 2024, meeting: GWWMC Members in Attendance: Mr. Joe Reardon, Chair Mr. Tim Baumgartner, Vice-Chair Mr. Steve Keen Dr. Jaqueline MacDonald Gibson Mr. Bill Yarborough Other Commissioners in Attendance: Ms. Marion Deerhake Mr. Chris Duggan Ms. Robin W. Smith Mr. John (JD) Solomon (EMC Chair) Others Present: Ms. Elly S. Young, EMC Counsel I. Preliminary Matters: 1. In accordance with North Carolina General Statute § 138A-15, Chair Reardon asked if any GWWMC member knew of any known conflict of interest or appearance of conflict with respect to any item on the July 10, 2024, GWWMC agenda. None of the members stated there was a conflict. 2. Commissioner Keen made a motion to approve the May 8, 2024, GWWMC meeting minutes. Commissioner Yarborough seconded the motion. The vote taken was unanimous and the minutes from the May meeting were approved. GWWMC Meeting Summary Approval Date: September 11, 2024 July 10, 2024 Page 2 of 6 The recording of the July 10, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/0JLe15mbeVI?si=hGpsE3Yk754ggQm1 II. Action Items 1. Request Approval to Proceed to the Environmental Management Commission with Request for Public Notice and Hearings for the Proposed Rule Amendment to 15A NCAC 02L .0202 Groundwater Quality Standards and the Fiscal and Regulatory Impact Analysis (DWR) Bridget Shelton and (DWM) Jessica Montie Bridget Shelton, of the Division of Water Resources, gave an overview of the development of the proposed groundwater standards for eight PFAS compounds. She started by providing answers to questions that had been asked during the May 2024 GWWMC meeting which required follow-up. She then described the three types of water quality standards in North Carolina: groundwater, surface water and drinking water standards, and detailed how these water sources may impact each other. In addition, she described groundwater’s use as a drinking water source within the state. Ms. Shelton then discussed PFAS, how groundwater standards are developed, and the standards being proposed for eight PFAS compounds. At this point in the presentation Jessica Montie, from the Division of Waste Management, provided a summary of the impacts of the rule amendment as further described in the attached fiscal and regulatory impact analysis (RIA). Following which, Ms. Shelton continued by presenting the proposed rulemaking schedule, if the amendment were approved by the Committee, and stated the request to approve the rule amendment and RIA to move forward to the EMC to request public notice and hearing. A discussion followed the presentation in which clarification was provided on multiple aspects of the RIA, including: • A discussion regarding the letter issued by DEQ pertaining to the surface and groundwater standards being necessary to protect public health, with emphasis that this was not the case for groundwater standards, since the existing rule already gives DEQ the authority to regulate PFAS levels in groundwater with the PQL as the regulatory limit. GWWMC Meeting Summary Approval Date: September 11, 2024 July 10, 2024 Page 3 of 6 The recording of the July 10, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/0JLe15mbeVI?si=hGpsE3Yk754ggQm1 • Clarification that there is no federal equivalent for groundwater standards and no federally delegated program for groundwater quality or standards. Therefore, no federal approval is required for groundwater standards in order for state programs to regulate groundwater quality (which is different than surface water standards). However, because groundwater is used as a source of drinking water in NC, regulating PFAS in groundwater (under the existing or proposed rule) will help NC with ensuring that federal drinking water standards can be met in public drinking water where groundwater is the source. • Clarification that PFOA and PFOS, which are likely carcinogens, are most likely to be the drivers for site remediation. • Clarification that, while an EPA rule designating nine PFAS as hazardous constituents under RCRA was published for public comment, the EPA rule has not yet been finalized at the time of the meeting. • Clarification that, once standards are adopted for any given PFAS, the standard would be used as the regulatory limit for site remediation/clean-up instead of the PQL, with the exception of PFOA and PFOS where the standards are lower than the PQL. In that case only, the PQL would continue to be used as the regulatory limit. • Clarification that interim maximum allowable concentrations (IMACs) established by DWR are established and removed via external request per Rule .0202, including the recent amendments to the IMAC procedures in 2022 that govern the process for removing IMACs. IMACs are considered temporary as they are brought before the EMC to be considered for rulemaking within one year of being established. A request to remove the previous IMAC for PFOA had been received and addressed per the rule requirements. No new request for PFAS IMACs had been received at the time of the meeting (see additional background on the PFOA IMAC which has been added to the RIA). In the absence of the IMAC for PFOA, PFOA can be regulated at the PQL. GWWMC Meeting Summary Approval Date: September 11, 2024 July 10, 2024 Page 4 of 6 The recording of the July 10, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/0JLe15mbeVI?si=hGpsE3Yk754ggQm1 • Clarification that the regulatory limit for PFOA and PFOS under the existing rule is the PQL (at whatever level the PQL is if it changes over time or between labs), and the effective regulatory limit for these two compounds will still be the PQL under the proposed amendment per Rule .0202(b)(1) (at whatever level the PQL is if it changes over time or between labs), and therefore there are no fiscal impacts resulting from these two proposed standards. • Clarification that the management of waste/residuals from PFAS treatment was included in the treatment cost estimates provided by Brown & Caldwell as discussed in their technical memo in Appendix C of the RIA. • Clarification of the number of public drinking water systems that use groundwater as the source, and how many have PFAS above the federal MCLs. [Note: For more information on this topic, DWR’s Rebecca Sadosky, Ph.D., gave a presentation on this topic to the EMC at their May 2024 meeting.] [Note: In the interest of time, Vice Chair Baumgartner submitted additional questions/comments on the RIA in writing to DEQ after this meeting. These questions/comments and follow-up responses from DEQ are found in Attachment C for this same agenda item on the September 11, 2024, GWWMC Meeting agenda. Some questions/comments were also addressed via revisions to the RIA, as noted in Attachment C.] Following the discussion, Commissioner Yarborough made a motion to revise the regulatory impact analysis to include only impacts for the proposed standards for PFOA, PFOS, and HFPO-DA (GenX), and remove the proposed standards for the other five PFAS. Commissioner Keen seconded the motion. Commissioner Gibson said that the PFAS being found in sampling southeastern NC is a combination of multiple PFAS, not just a few compounds, and it would make sense to establish standards for all eight PFAS proposed. She stated that it would not add an additional burden to the regulated community to do so, as stated in the RIA, however leaving the regulatory limit at the PQL for the other five PFAS might be a greater burden GWWMC Meeting Summary Approval Date: September 11, 2024 July 10, 2024 Page 5 of 6 The recording of the July 10, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/0JLe15mbeVI?si=hGpsE3Yk754ggQm1 on the regulated community. She also pointed out that having the standards for all eight PFAS would increase certainty for landowners, and the levels at which their property is considered to have PFAS contamination, which could affect property values. She also mentioned that standards for all eight PFAS provides greater certainty for private drinking well users (and those landowners), for the companies that are affected, for companies that are trying to create technologies to clean up PFAS. Commissioner Yarborough stated that, where PFOA and PFOS are the drivers for remediation, and treatment for PFAS is warranted, that treatment system would also be removing other PFAS that may be present. Chair Reardon clarified that the motion was to revise the RIA and return to the GWWMC in September with the revised document for approval to move forward to the EMC. The motion passed with only Commissioner Gibson voting no. II. Information Items - None IV. Upcoming Items • July 11, 2024, EMC Meeting Agenda Items o Action Item – Request Approval to Proceed to Public Notice with the 2024 Periodic Review of 15A NCAC 02S – “Rules and Criteria for the Administration of the Dry-Cleaning Solvent Cleanup Fund” (DWM) Delonda Alexander • Future Committee Meetings o September 2024 Action Item - Request Approval to Proceed to the EMC with Request for Public Notice and Hearings for the Proposed Rule Amendment to 15A NCAC 02L .0202 Groundwater Quality Standards and the Fiscal and Regulatory Impact Analysis GWWMC Meeting Summary Approval Date: September 11, 2024 July 10, 2024 Page 6 of 6 The recording of the July 10, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/0JLe15mbeVI?si=hGpsE3Yk754ggQm1 V. Director’s Remarks Division of Waste Management Director, Michael Scott, thanked the staff who worked on the regulatory impact analysis and the standard developments process. It involved many in DEQ as well as a lot of external support and Mr. Scott stated that it was a privilege to work with such a talented group and commended their dedication on such an important subject. VI. Closing Remarks With no further remarks, Chair Reardon adjourned the meeting.