1. Rulemaking and Readoption of 15A NCAC 02T .1500
July 13, 2017 Environmental Management Commission
Rulemaking and Readoption of
15A NCAC 02T .1500
Scott Bullock
Division of Waste Management, UST Section

2. Overview
The Division of Waste Management, UST Section is requesting approval from the Environmental Management Commission to Proceed to Public Comment and Hearing with 15A NCAC 02T Section Soil Remediation and Fiscal Note. The rules are proposed for readoption pursuant to G.S. 150B-21.3A.
Proposed amendments are a result of stakeholder input indicating that, for closure of a soil remediation permitted facility, having a closure/cleanup based on a non-detection level of soil contamination is unreasonable.
The Fiscal Note was approved by OSBM on May 11, 2017.
Department of Environmental Quality

3. Background
The treatment/remediation of petroleum contaminated soil that has been removed from the source area is treated/remediated in a Permitted Soil Remediation Facility regulated under 15A NCAC 02T Section The contaminated soil currently requires remediation/closure to the analysis based non-detection level which keeps getting lower as technology advances.
It is more reasonable to use risk based levels that are protective of groundwater quality, human health, and the environment to avoid extensive and expensive analyses based on non-detection levels.

4. Reason for Rule Change
Changing the closure/cleanup for soil to a risk-based closure/cleanup requirement requires rule changes to modify certain closure/cleanup requirements applicable to soil remediation permitting.
This change will be protective of human health and the environment and will reduce costs to some stakeholders.
This change affects 15A NCAC 02T .1502, and
15A NCAC 02T .1502, .1505, and are proposed for readoption with substantive changes to only require soil remediation to “soil-to-groundwater” or residential standards whichever is lower.
15A NCAC 02T .1501, .1503, .1504, and are proposed for readoption without substantive changes.

5. Action / Responsibility
Schedule
Action / Responsibility
Date
Request Approval to Proceed to the EMC for Public Comment / GWWMC
May 10, 2017
Request Approval to Proceed to Public Comment / EMC
July 13, 2017
Public Comment Period
Aug 15 - Oct 16, 2017
Request Approval of Hearing Officer’s Report and Adoption of Rule/ EMC
November 9, 2017
Submit to RRC
November 20, 2017
RRC Review/Approval
December 21, 2017
Proposed Effective Date
January 1, 2018
Department of Environmental Quality

6. Requested Action
The Division is requesting the Commission’s approval to proceed to public comment and hearing with 15A NCAC 02T with Proposed Changes and Fiscal Note.

7. Scott Bullock Corrective Action Branch Head
Questions?
Scott Bullock
Corrective Action Branch Head
Division of Waste Management
Underground Storage Tank Section
(919)