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HomeMy WebLinkAboutGWWMC_MeetingSummaryForApproval_13Nov2024The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM ENVIRONMENTAL MANAGEMENT COMMISSION GROUNDWATER AND WASTE MANAGEMENT COMMITTEE MEETING SUMMARY November 13, 2024 Tim Baumgartner, Vice-Chair Presiding The Groundwater and Waste Management Committee (GWWMC) of the North Carolina Environmental Management Commission (EMC) addressed the following at its November 13, 2024, meeting: GWWMC Members in Attendance: Mr. Tim Baumgartner, Vice-Chair Mr. Steve Keen Ms. Yvonne Bailey Dr. Jaqueline MacDonald Gibson Mr. Bill Yarborough Other Commissioners in Attendance: 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, Vice-Chair Baumgartner asked if any GWWMC member knew of any known conflict of interest or appearance of conflict with respect to any item on the November 13, 2024, GWWMC agenda. None of the members stated there was a conflict. 2. Commissioner Yarborough made a motion to approve the September 11, 2024, GWWMC meeting minutes. Commissioner Bailey seconded the motion. The vote taken was unanimous and the minutes from the September meeting were approved. GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 2 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM II. Action Items 1. Request Approval to Proceed to the EMC with the Periodic Rule Review Reports for 15A NCAC 02L, 02N, 02O, and 02P (DWM) Jessica Montie Jessica Montie, with the Division of Waste Management (DWM), presented a request to proceed to the EMC with the 2024 Periodic Review of 15A NCAC 02L, 02N, 02O, and 02P pertaining to groundwater quality and to the underground storage tank (UST) program. Ms. Montie gave an overview of the periodic rule review process and the rules under review and their proposed determinations of “necessary.” She explained that Sections .0100 - .0300 of Subchapter 02L are administered by the Division of Water Resources, and 02L Section .0400 and .0500 and Subchapters 02N, 02O, and 02P are administered by the Division of Waste Management’s UST Section. She also gave an outline of the expected rule review timeline. Following the presentation, Commissioner Keen asked about impacts from Hurricane Helene on underground storage tanks in western NC. Vance Jackson, Underground Storage Tank Section Chief with the Division of Waste Management, replied that the Section is reviewing and evaluating the circumstances in the areas that were impacted by Hurricane Helene and working on the process and procedures for the newly created Emergency Infrastructure Bridge Loan Program for Commercial USTs established by the General Assembly in S.L. 2024-53, s. 4C.8, and clarified that any clean-ups from releases could proceed immediately to the existing commercial leaking tank clean-up fund (administered under 15A NCAC 02P), which is currently adequately funded to handle such clean-ups. He stated that the Division is also requesting federal funds for clean-up assistance and is asking the General Assembly for additional funding for the oil pollution fund to handle above-ground storage tanks also. Commissioner Keen asked about the permitting or re-permitting aspect in the impacted areas, and whether any variances or exemptions are necessary. Mr. Jackson replied that the Division is using discretion with GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 3 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM permits in the impacted areas, meaning that while the permit fees and requirements are not being waived, the Division is giving latitude in the timing of permit fee payments with the understanding that sites that are not operating are not generating revenue until they are back up and operating again. Director Scott also clarified that other programs in the Division are doing similar evaluations and looking for ways to support permittees and provide latitude where possible to help the facilities return to operating status as quickly as possible. Commissioner Bailey asked if any additional amendments had been made to the rules in the subchapters being discussed since the completion of the previous rule review and readoption process. Ms. Montie responded that the only amendments made to the rules since the prior readoption was completed was the amendment to 15A NCAC 02L .0202 regarding groundwater standards and IMACS, effective April 1, 2022. Vice-Chair Baumgartner also confirmed that Rule .0202 is proposed for amendment again and is currently published for public comment. Commissioner Keen asked if any consideration is needed to amend or adopt rules as a part of rule readoption to prepare for potential future impacts to allow for exceptions or latitude during storm response. Director Scott replied that this stage in the process is only to make the determination as to whether the rules are necessary or unnecessary, and any considerations for rule changes could be made during the subsequent rule readoption part of the process. Commissioner Bailey made a motion to proceed to the EMC with the Periodic Rule Review Reports for 15A NCAC 02L, 02N, 02O, and 02P. Commissioner Yarborough seconded the motion, and the motion passed unanimously. GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 4 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM 2. Request Approval to Proceed to the EMC with a Recommendations to Initiate Rulemaking to Establish Groundwater Quality Standards for Bentazon, Boscalid, Fluometuron, and Metolachlor in Place of the Established IMACs (DWR) Bridget Shelton Bridget Shelton, with the Division of Water Resources (DWR), presented a request to proceed to the EMC with a recommendation to initiate rulemaking to establish groundwater quality standards for bentazon, boscalid, fluometuron, and metolachlor in place of the established interim maximum allowable concentrations (IMACs). Ms. Shelton gave an overview of IMACs and the guidelines and process for establishing, changing, or removing IMACs in 15A NCAC 02L .0202. The IMAC requirements in this Rule were recently amended effective April 1, 2022, and this is the first time the Commission would be carrying out the new requirement in the Rule to return to the Commission within a year of establishing an IMAC to make such a request. She explained the source of the request for these IMACs, explained that they had been established by the Director of the Division of Waste Resources on January 18, 2024, and provided information on the levels of the four IMACs. Ms. Shelton stated the Director of DWR recommends that the EMC establish groundwater quality standards for bentazon, boscalid, fluometuron, and metolachlor in place of the IMACs during the next groundwater standards triennial review. She concluded by stating the request before the Committee to approve to proceed to the EMC with a recommendation to initiate rulemaking to establish groundwater quality standards for bentazon, boscalid, fluometuron, and metolachlor in place of the established IMACs. Following the presentation, Vice-Chair Baumgartner asked what the practical quantitation limit (PQL) was for each of the four constituents. Ms. Shelton stated that she could follow-up on that question, and both agreed that the existing PQL level (which is the current compliance level) was likely much lower than the levels of the developed standards. GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 5 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM Vice-Chair Baumgartner also conveyed that in preparation for today’s meeting, he had asked the Divisions to reach out to the Pesticide Section of the North Carolina Department of Agriculture and Consumer Services (NCDA & CS) for feedback on the developed standards, as these constituents are all either herbicides or fungicides. Director Scott confirmed that he had communicated with the Director of the Pesticide Section and that Ms. Shelton followed up with their toxicologist and shared information on how the levels were developed which they are reviewing, and Ms. Shelton will continue to follow-up with them. Director Scott expressed appreciation for the recommendation to reach out; and said that NCDA & CS also appreciated the opportunity to provide feedback. Commissioner Yarborough asked for clarification on any feedback provided so far from NCDA & CS on the developed standards, since these constituents are regularly used for agriculture purposes, and he wanted to ensure that the statewide standards would not negatively impact agricultural uses. Ms. Shelton clarified that the NCDA & CS Pesticide Section’s toxicologist had done an initial review of the provided information and was in agreement with most of them, but did point out one correction needed in the development of the standard for bentazon, which Ms. Shelton was reviewing and if needed, could be incorporated during rulemaking if the EMC decides to initiate rulemaking. EMC Chair Solomon commented that the IMACs were requested to provide regulatory relief for one site only, but the IMAC and any standard established would apply statewide. He said that the Commission may want to know whether a statewide standard is necessary to provide relief for one site, or it there is some other path that can be taken to provide relief for one facility without having a statewide impact. Vice-Chair Baumgartner also clarified that the site for which the IMAC was requested is a site under remediation for groundwater contamination, and not a site applying for a permit. [Note – it is a site under remediation via DWM’s Inactive Hazardous Sites Branch]. GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 6 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM Commissioner Keen asked what other existing options there are to move forward and provide some relief for this one site, aside from the two options that appear to be on the table, which are enforcing the PQL as the standard or establishing a standard in Rule .0202, without having to make any type of rule or other regulatory change. Director Scott confirmed that the developed standards, if adopted, would be applicable to groundwater quality statewide, and if they are not adopted, the compliance level would then revert to being the PQL at the site. He said other options such as entering into a site-specific agreement with the facility would need to be discussed. EMC Chair Solomon said another question at the Commission would be how many sites are using the IMAC or would use the standard if adopted. Is it just one location, or multiple locations for one company or industry type, or multiple industry types across the state? If it’s needed for multiple locations statewide, adopting a standard may be the right path, but if not, what are the other options for just one site or just a few sites? Vice-Chair Baumgartner asked whether either Division has seen contamination from these compounds at other sites around the state aside from the requesting site. Ms. Shelton and Director Scott both confirmed that while these compounds are used statewide, other sites with known contamination from these constituents have not been identified at this time. Director Scott stated that the Department would not have existing widespread data on these compounds because the Department does not conduct assessments on agricultural land. The requesting site is unique in that it is a closed agriculture research facility which was undergoing environmental assessment for future uses at the discretion of the property owner. Vice-Chair Baumgartner asked if the constituents were released due to a storage or spill issue, and Director Scott replied that the facility grew crops for the purpose of researching/testing various pesticides, so there may have also been storing and transportation of such materials, but the Division cannot be certain of the cause. GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 7 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM Commissioner Bailey asked how far along in the assessment process the facility has gotten, and what the impacts to the facility would be if the compliance level that they are using for their assessment of the plume goes back to being the PQL, and they are not able to meet the PQL after monitoring for a number of years. Adam Ulishney, Deputy Director of DWM, responded that they have the option to enter the risk-based program. He explained that if the site identified the extent of the contamination plume for the remedial action plan using the IMACs as the compliance levels (meaning an exceedance of the health-based IMAC meets the definition of “contamination” in 02L), and the compliance level changes to the PQL based on laboratory capability because the IMACs expire (meaning an exceedance of the PQL meets the definition of “contamination” in 02L), this could expand the size of the contamination plume. A larger plume might require changes to the assessment and to the remediation plan. There was some discussion on the new requirements and processes for IMACs in Rule .0202 to determine what action the Committee needs to take at this time to meet the requirements of the Rule, and when or if the IMAC would expire depending on the Commission’s actions. In summary, the IMAC procedures require only that the Director of DWR provide a recommendation to the full Commission on whether to initiate rulemaking to adopt standards to replace the IMACs within one year of establishing the IMACs. In this case, the recommendation is due to be presented at the Commission’s January 2025 meeting. At the January 2025 meeting, the Commission may take the action to initiate rulemaking or decline to initiate rulemaking (or take no action). If they do not take the action to initiate rulemaking, the IMAC expires on the day of the January meeting. If they elect to initiate rulemaking but, in the course of the rulemaking process, they take an action to decide not to adopt the proposed standards, or take an action to terminate the rulemaking process, the IMAC expires at the time of such action by the Commission. GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 8 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM EMC Chair Solomon offered to add this presentation as an information item to the agenda for the Commission’s meeting the next day, November 14, 2024, to solicit feedback and any questions from the full Commission and update them on the process. Commissioner Bailey supported this idea and requested that the Committee delay making a recommendation to the Commission on initiating rulemaking until the January 2025 GWWMC meeting. Commissioner Bailey made a motion to add this presentation as an information item to the agenda for the full Commission meeting the next day (November 14, 2024). Commissioner Keen seconded the motion, and the motion passed unanimously. Following the vote, Vice-Chair Baumgartner acknowledged DEQ Secretary Kelley who stated she would be delivering a Hurricane Helene update at the next day’s EMC meeting and thanked the Committee for all their work and all that they do for the state. III. Information Items - None IV. Upcoming Items • November 14, 2024, EMC Meeting Agenda Items o Request Approval of the Final Determinations for the Periodic Review of the Rules Report for 15A NCAC 02S – (DWM) Jessica Montie • Future Committee Meetings o Next Committee meeting will be in January 2025 V. Director’s Remarks Division of Waste Management Director, Michael Scott, thanked the Committee for their attention to the two action items discussed. Mentioning Secretary Kelley’s expected Hurricane Helene update at the next day’s EMC GWWMC Meeting Summary Draft Date: December 5, 2024 November 13, 2024 Approval Date: TBD Page 9 of 9 The recording of the November 13, 2024, GWWMC meeting can be accessed at this link: https://www.youtube.com/watch?v=uhETSl4jsqM meeting, he thanked all the staff that have been engaged in the ongoing response effort in western North Carolina. Lastly, he shared the update that the IMACs in groundwater for the eight PFAS compounds were signed into effect by the Director of the Division of Water Resources in mid-October. Those compounds included PFOS, PFOA, PFNA, GenX, PFHxS, PFBA, PFBS, and PFHxA. VI. Closing Remarks Following the Director’s remarks the meeting was adjourned.