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HomeMy WebLinkAboutGWWMC_ApprovedMeetingSummary_11Sep2024 The recording of the September 11, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/Of8j9yEMLc0?si=wYiezzqeOpcCOpb9 ENVIRONMENTAL MANAGEMENT COMMISSION GROUNDWATER AND WASTE MANAGEMENT COMMITTEE MEETING SUMMARY September 11, 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 September 11, 2024, meeting: GWWMC Members in Attendance: Mr. Joe Reardon, Chair Mr. Tim Baumgartner, Vice-Chair Ms. Yvonne Bailey Mr. Steve Keen Dr. H. Kim Lyerly Dr. Jaqueline MacDonald Gibson Mr. Bill Yarborough Other Commissioners in Attendance: Mr. Charles S. Carter Mr. Michael Ellison Mr. Kevin Tweedy EMC Chair Mr. J.D. Solomon 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 September 11, 2024, GWWMC agenda. None of the members stated there was a conflict. 2. Commissioner Yarborough made a motion to approve the July 10, 2024, GWWMC meeting minutes. Vice-Chair Baumgartner seconded the motion. The vote taken was unanimous and the minutes from the July meeting were approved. GWWMC Meeting Summary Approval Date: November 13, 2024 September 11, 2024 Page 2 of 6 The recording of the September 11, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/Of8j9yEMLc0?si=wYiezzqeOpcCOpb9 Chair Reardon acknowledged Vice-Chair Baumgartner and the Vice-Chair stated his appreciation to the Department of Environmental Quality for working with the Committee in getting comments addressed in between the July meeting and the September 11th meeting. He said, “Just to reiterate where we’ve been so far and for those out in the audience and especially the media that have been interested in this, prior to the July 2024 GWWMC meeting, DEQ had only provided this Committee with a summary. We received a written Regulatory Impact Analysis as of the last meeting in July. On May 8, 2024, DEQ had requested that this be an Action Item, but because there was not an RIA, we did not make it an Action Item. Several weeks after the May meeting we did receive an RIA. We made it an Action Item in July and had a good discussion then. I believe it was July 19, 2024, that this Committee provided some extra comments, beyond the meeting, to make sure we could move forward and keep the process moving. It is now September and we have a revised RIA, in accordance with the motion that was on the table at the last meeting. I just wanted to share that timeline so that everybody knows where we’ve been and where we are now.” Following Vice-Chair Baumgartner’s comments Chair Reardon acknowledged DWM Director Michael Scott, who then introduced Jessica Montie and Bridget Shelton to begin the presentation for the action item. 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, from the Division of Water Resources, gave an overview of the proposed rule amendment to 15A NCAC 02L .0202 to add specific groundwater standards for three PFAS. Ms. Shelton explained what groundwater standards are and how they protect the best usage of groundwater as a source of drinking water. She also explained that groundwater quality is not regulated at the federal level, but groundwater standards are used by DEQ in federal programs in the state such as RCRA and Superfund. She highlighted some of the relevant language in the rule GWWMC Meeting Summary Approval Date: November 13, 2024 September 11, 2024 Page 3 of 6 The recording of the September 11, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/Of8j9yEMLc0?si=wYiezzqeOpcCOpb9 including the existing practical quantitation limit (PQL) requirements and how standards are developed. She gave some background on prior information and action items presented to the Groundwater and Waste Management Committee (GWWMC) and the Commission on this topic, including an overview of the standards initially proposed by DEQ for eight PFAS at the July 2024 GWWMC meeting. She also provided information on the GWWMC vote to have DEQ revise the rulemaking package to address proposed standards for three PFAS. She presented the proposed standards for those three PFAS. Jessica Montie with the Division of Waste Management provided an overview of the revised regulatory impact analysis (RIA) for the proposed rule amendment to 15A NCAC 02L .0202 to add specific groundwater standards for three PFAS as compared to the original version with eight PFAS. Ms. Montie explained that the RIA was also revised for clarification in response to questions and comments received from the Committee during or after the July 2024 GWWMC meeting. She highlighted some further revisions to the RIA, including an update to reflect additional data received for analysis of PFAS at landfills and revisions to remove the treatment option that combined granular activated carbon and ion exchange because that option would not apply at a site that would meet the conditions for potential cost savings. Ms. Montie further discussed the revised RIA as a result of removing 5 PFAS from the analysis. She summarized that there is no change to the overall conclusion of the RIA from the earlier version, and there is still the potential for future state government savings, there are no additional costs to the regulated community, there is potential for future costs savings at sites, the potential savings at one site could result in a substantial economic impact, and there continues to be a benefit of regulatory certainty and clarification. She stated that the revised RIA was approved by the Office of State Budget and Management. Following the presentation, Commissioner Lyerly asked for information regarding the decision to exclude the other compounds, and asked about the specific reason as to why they were excluded. Chair Reardon responded that, “When they looked at what was being proposed, with PFOA and PFOS, they know the long-chain compounds and that EPA has described them as being likely carcinogens. There’s no question about the potential impact of GWWMC Meeting Summary Approval Date: November 13, 2024 September 11, 2024 Page 4 of 6 The recording of the September 11, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/Of8j9yEMLc0?si=wYiezzqeOpcCOpb9 those compounds. They know that the citizens of NC have struggled, especially around Chemours, with GenX. What they saw the Department proposing was allowing more of these other compounds in the water than is currently regulated at the PQL. It was the decision of the Committee to continue to allow DEQ to regulate the three that you have seen here, at these limits that have been identified, and allow the Department to continue to regulate the other five at the PQL. They did not want to raise the amount of these compounds that could be in groundwater for the citizens of NC.” Commissioner Carter then asked about the PQL being used as the limiting value, even though the values could differ from lab to lab, and wondered how DEQ decides which PQL they will use. Director Scott replied that DEQ will review the data, which is often gathered by a registered environmental consultant, professional engineer, or licensed geologist, and analyzed using a certified lab, and will look at the quantitation limits that lab has. He said DEQ shares feedback with the labs when they see PQLs that are too high. The PQL is dependent on the lab being used. That’s part of the messaging here is that, with the establishment of standards, there is some certainty because the standard doesn’t vary, whereas the PQL could vary over time. At this time Chair Reardon called for a motion. Vice-Chair Baumgartner made the motion to approve the request as written. Commissioner Yarborough seconded the motion. A vote was taken and the motion passed unanimously. III. Information Items - None IV. Upcoming Items • September 12, 2024, EMC Meeting Agenda Items - None • Future Committee Meetings - November o Request Approval to Proceed to the EMC with the 2024 Periodic Review of 15A NCAC 02L, 02N, 02O, and 02P. GWWMC Meeting Summary Approval Date: November 13, 2024 September 11, 2024 Page 5 of 6 The recording of the September 11, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/Of8j9yEMLc0?si=wYiezzqeOpcCOpb9 o 15A NCAC 02L .0202 Interim Maximum Allowable Concentrations (IMACs) – Bentazon, Boscalid, Fluometuron, Metolachlor V. Director’s Remarks Division of Waste Management Director, Michael Scott, thanked the Committee for their work on the 02L rules and PFAS. He also thanked all the colleagues from DWR and DWM for their collective work on the day’s rule package, the associated RIA, as well as the stakeholders who provided input on this important subject. Division of Water Resources Director, Richard Rogers, updated the Committee regarding a letter he had received on July 22, 2024, requesting IMACs for the eight PFAS that were initially being considered by the Committee. Director Rogers stated that staff had reviewed the information and that DWR had sent it out to public notice on September 4, 2024, with the intent of implementing the IMACs by October 15, 2024. Following implementation, they would also notify the Commission within thirty days as is required. VI. Closing Remarks EMC Chair Solomon spoke and explained that they had added this 02L PFAS item to the next day’s EMC agenda for a 30-Day Waiver. EMC Chair Solomon explained that he wanted to make sure that everything in the RIA had been changed that needed to be changed, and that the Chair and Vice Chair were happy with it, so that they could take action. If anyone was hesitant about taking action on this matter EMC Chair Solomon asked that they please tell him before the next day’s vote, but his intention is to approve the 30-day waiver and approve the rulemaking package to go out to public comment. EMC Chair Solomon then thanked Director Scott and staff for making the changes that the Committee had asked for and for coming back to the Committee with the revised RIA. GWWMC Meeting Summary Approval Date: November 13, 2024 September 11, 2024 Page 6 of 6 The recording of the September 11, 2024, GWWMC meeting can be accessed at this link: https://youtu.be/Of8j9yEMLc0?si=wYiezzqeOpcCOpb9 EMC Chair Solomon also thanked the whole Committee, specifically the Chair and Vice Chair, for the way they handled some of the narratives around this item and for their efforts in waiting until they had the information that they needed in order to move forward and, once they had that information they did, indeed, move forward. Chair Reardon thanked EMC Chair Solomon for his comments and stated that there had been a lot of dialogue around the work of the Committee but that he hoped the takeaway would be that the Committee worked in a very pragmatic way with DEQ. He said that the Committee got their questions into DEQ’s hands, during the time between meetings, regarding what needs to be in the RIA. He said DEQ responded in a very timely way. They appreciated the Chairman for being willing to offer the 30-day waiver at the EMC meeting the next day so that they could get the rule amendment out for public comment as quickly as possible. They thought the final decision of the Committee is right on target with being able to regulate the two legacy compounds with the standards that they have outlined here and being able to identify standards for GenX. Chair Reardon said this State has struggled mightily with GenX, as it would relate to Chemours, in that area, and even down in the Wilmington area. He knows all of the Committee members have received hundreds of letters and emails and stated that is fine because that is what they are here for as public servants, but he wanted it to be clearly understood that when the Committee got the information they reacted to that information. They passed the Action Item and they plan to waive the 30- day notice to get this to public comment at the EMC meeting the next day. Chair Reardon thanked all the Committee members, Vice-Chair Baumgartner, and DEQ for their resilience and their timely and hard work. Following his comments Chair Reardon adjourned the meeting.