Request Approval to Proceed to Public Notice on

Request Approval to Proceed to Public Notice on Proposed Amendments to 15 A NCAC 2 L. 0106 EVAN KANE DIVISION OF WATER RESOURCES GROUNDWATER PLANNING & ENVIRONMENTAL REVIEW BRANCH 1

Corrective Action Rule: 15 A NCAC 2 L. 0106 Establishes default cleanup requirements for groundwater contamination ◦ Immediate abatement ◦ Assessment ◦ Remediation Provides options for ◦ Active remediation ◦ Natural attenuation ◦ Remediation not to alternative standards 2

EMC Review of CA & CB Rules EMC review directed by Coal Ash Management Act (SL 2014 -122): ◦ Review the compliance boundary and corrective action provisions of 15 A NCAC 2 L for clarity and internal consistency ◦ Report the results to the Environmental Review Commission by December 1, 2014 Ad hoc committee formed to review rules 3

EMC Report on Review of 2 L. 0106 & 2 L. 0107 Clarity/consistency issues identified: ◦ Use of the terminology “non-permitted” for activities that have permits; ◦ Interpretation of “immediate action to eliminate the source of contamination” ◦ Applicability of a compliance boundary to “non-permitted” activities ◦ Omission of certain permit types from the definition of “permitted” activities under the corrective action rule ◦ Technical corrections and updates to reflect the current organizational structure of DENR. Permanent rulemaking recommended Draft rule text suggested 4

Proposed Rule Revision Establishes three categories of corrective action: ◦ Non-permitted ◦ Permitted 12/30/83 or later ◦ Permitted prior to 12/30/83 Clarifies “immediate” notification (24 hours) Relies on 2 L. 0106(f) instead of “immediate action to eliminate source” Clarifies that permitted activities must restore groundwater quality at or beyond the compliance boundary Other minor technical changes 5

Fiscal Analysis Clarification of rule - no economic impact No fiscal note required nor certification from OSBM Fiscal analysis to be published with rule text on DENR website per Executive Order 70 6

Draft Rulemaking Schedule Task Target Date Groundwater & Waste Management Committee Approval January 7, 2015 Fiscal Analysis sent to OSBM April 9, 2015 EMC Action item - send proposed rule to public comment May 14, 2015 Next NC Register Filing deadline May 22, 2015 Publication & Begin Public Comment Period June 15, 2015 Earliest Public Hearing June 30, 2015 End Public Comment Period August 14, 2015 Revise Proposed Rule & Draft HOR October 1, 2015 EMC Adoption November 18, 2015 RRC Filing Deadline November 20, 2015 RRC meeting December 17, 2015 Earliest effective date of rule January 1, 2016 7

Discussion/Questions 8