Mar 12 GWC

MEETING AGENDA

GROUNDWATER COMMITTEE

ENVIRONMENTAL MANAGEMENT COMMISSION

March 12, 2014

10:00 AM

Archdale Building - Ground Floor Hearing Room

Call to Order and Notice of NCGS § 138A-15 ………………………………...………………........................………………………………...…….......Chairman Martin

General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the EMC Groundwater Committee. If so, please state at this time.

Opening Remarks...................................………………………………...………………………………...………………………………...……..................Chairman Martin

Action Items:

# 1 Request Approval to Proceed with Rules Review of Rules 15A NCAC 02 S i n accordance with HB74 and G.S. 150B ( Peter Doorn-DWM )

The Division of Waste Management (DWM) will request the Groundwater Committee’s (GWC) approval to proceed to the Environmental Management Commission (EMC) with the review of these rules. 15A NCAC 02S rules were adopted under the Dry-cleaning Solvent Cleanup Act (DSCA) and they establish rules and criteria for the administration of the dry-cleaning solvent cleanup fund. The 02S rules contain 16 rules that cover scope and purpose, minimum management practices, petitions for certification, and risk-based corrective action. Staff will recommend that the initial determination to be “necessary with substantive public interest”. If approved by the EMC in May, the rules would then move to the public comment phase of the HB74 review.

Attachment:

Spreadsheet for rule 15A NCAC 02S

Information Items:

#2 Proposed changes to underground storage tank rules based on legislative amendments in SL 2011-394 and SL 2013-413 (Ruth Strauss-DWM)

Session Law (SL) 2011-394 [Sections 11.4(c), 11.6(a), 11.6(b) and 11.7(a)] directed the EMC to adopt several changes to rules (15A NCAC 02N) governing UST systems. SL 2011-394 stated that the rule changes must be substantively identical to the provisions of the act. SL 2011-394 [Sections 11.6(c) and 11.7(b)] further required that the EMC adopt the rule changes by January 1, 2014. However, because an important clarifying change was needed for one of the sections [Section 11.6(a)], rule-making was not initiated until after the clarifying change (SL 2013-413, Section 36) was made near the end of the 2013 legislative session. The proposed rule changes are summarized in the attachment.

Attachment:

Information sheet regarding proposed rule revisions

Closing Remarks.................................................………………………………..………………………………...………………………………...Chairman Martin