NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Pete Doorn Special Remediation Branch Superfund Section Division of Waste Management 15A NCAC 02S Rule Review Dry-cleaning Solvent Cleanup Act Program NC Environmental Management Commission July 10, 2014

Overview Dry-cleaning Solvent Cleanup Act of 1997 and its amendments established: a fund and a program for assessment and cleanup of dry- cleaning solvent contamination at dry-cleaning and wholesale distribution facilities, and authorized the program to develop and enforce rules relating to the prevention of dry-cleaning solvent releases at operating facilities

History 1997Dry-Cleaning Solvent Cleanup Act 2000Minimum Management Practices rules and funding changes adopted 2007Risk-based rules adopted 2010Program and funding re-authorized

Rule-Making Powers of the Commission under G.S D The Commission may adopt rules for: Cleanup program administration (e.g., site certification/ decertification, prioritization, agreements, etc.); Minimum management practices (e.g., air emission standards, prohibiting discharges, spill containment, etc.)

Rule-Making Powers of the Commission under G.S D The Commission shall adopt rules to: Establish a risk-based approach to assessment, prioritization, and remediation of dry-cleaning solvent contamination

GS 150B-21.3A.(a) Definitions A rule is also "necessary with substantive public interest" if the rule affects the property interest of the regulated public and the agency knows or suspects that any person may object to the rule. (3) Necessary with substantive public interest. – Means any rule for which the agency has received public comments within the past two years. A rule is also "necessary with substantive public interest" if the rule affects the property interest of the regulated public and the agency knows or suspects that any person may object to the rule. (4) Necessary without substantive public interest. – Means a rule for which the agency has not received a public comment concerning the rule within the past two years. A "necessary without substantive public interest" rule includes a rule that merely identifies information that is readily available to the public, such as an address or a telephone number. (5) Public comment. – Means written comments objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public. (6) Unnecessary rule. – Means a rule that the agency determines to be obsolete, redundant, or otherwise not needed.

15A NCAC 02S Section General Considerations.0101 – Scope & Purpose: Concerns have been raised about risk-based clean-ups, and objections are anticipated. Recommendation: Necessary with substantive public interest.0102 – Definitions: Stakeholders have expressed interest in amending certain definitions, and comments are expected. Recommendation: Necessary with substantive public interest.0103 – Calculation of Full-time Equivalent Employees: No comments have been received, and none are anticipated. Recommendation: Necessary without substantive public interest

15A NCAC 02S Section.0200 – Minimum Management Practices.0201 – Applicability: No comments objecting to this rule have been received, however, comments on MMPs of.0202, are expected and may affect the applicability of Recommendation: Necessary with substantive public interest.0202 – Required Minimum Management Practices: Dry cleaners have expressed interest in clarification of MMPs, and comments are expected. Recommendation: Necessary with substantive public interest

15A NCAC 02S Section.0300 – Petitions for Certification.0301 – Filing: No comments on this rule have been received, however, it is expected that we will received comment requesting clarification. Recommendation: Necessary with substantive public interest.0302 – Other Potentially Responsible Parties: No comments on this rule have been received and none are expected. Recommendation: Necessary without substantive public interest

15A NCAC 02S Section.0500 – Risk-Based Corrective Action.0501 – Purpose and Applicability: Concerns have been raised about risk-based clean-ups, and comments and/or objections are anticipated. Recommendation: Necessary with substantive public interest.0502 – Abatement of Imminent Hazard: No objections to this rule have been received, however, it is anticipated that clarification of the rule will be requested. Recommendation: Necessary with substantive public interest.0503 – Prioritization of Certified Facilities & Sites: Verbal comments on prioritization criteria have been received from industry leaders Recommendation: Necessary with substantive public interest

15A NCAC 02S Section.0500 – Risk-Based Corrective Action.0504 – Contaminated Site Characterization: No comments on this rule have been received and none are expected. Recommendation: Necessary without substantive public interest.0505 – Preliminary Source Removal: No comments on this rule have been received and none are expected. Recommendation: Necessary without substantive public interest.0506 – Tiered Risk Assessment: No objections have been received, however, it is anticipated that clarification of the rule will be requested. Recommendation: Necessary with substantive public interest

15A NCAC 02S Section.0500 – Risk-Based Corrective Action.0507 – Remedial Action Plan: No objections have been received, however, comments requesting clarification on when a RAP is required are anticipated. Recommendation: Necessary with substantive public interest.0508 – Land Use Restrictions: Verbal comments have been received objecting to the use of land-use restrictions, and comments are anticipated. Recommendation: Necessary with substantive public interest.0509 – No Further Action Criteria: No objections have been received, however, comments requesting clarification on the No Further Action Criteria are anticipated. Recommendation: Necessary with substantive public interest

Pete Doorn Special Remediation Branch/Superfund Section Division of Waste Management Questions?