July 13 2016 GWWM Committee
GROUNDWATER AND WASTE MANAGEMENT COMMITTEE
512 N. Salisbury Street
Archdale Building-Ground Floor Hearing Room
July 13, 2016
10:00 AM – 11:00 AM
Bill Puette, Chairman, Presiding
I. Preliminary Matters
1. Call to Order and Notice of NCGS § 138A-15 ( Chairman Puette)
General Statute § 138A-15 mandates that the Chair inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Environmental Management Commission’s Water Quality Committee. If any member knows of a conflict of interest or appearance of conflict, please so state at this time.
2. Approval of minutes from Groundwater and Waste Management Committee (GWWMC) meeting on May 11, 2016 (attached)
II. Action Items:
1. Request to Proceed to Environmental Management Commission for Public Comment and Hearing on Proposed Rule 15A NCAC 02L .0507 (Art Barnhardt, DWM)
Explanation: The Department has received feedback indicating concern that the rule does not reference actions in situations with off-site impacts of contamination from petroleum releases regulated by 15A NCAC 02L .0501 thru .0515. The Department agrees with the need for concern and proposes to remedy this situation by making minor change to the rule language that references the newly enacted statute. The Department has consulted with RRC staff on the language and proposes the change specified in the attached .0507 rule document.
Attachments: 15A NCAC 02L .0507 and Powerpoint Presentation
Recommendation: If the GWWMC agrees this action is necessary, the Department would like to request the committee to proceed with recommending this action to the full EMC in September.
2. Request for Approval to Proceed to the Full EMC with Revisions to 15A NCAC 02N and 15A NCAC 020 (Ruth Strauss, DWM)
Explanation: The Division of Waste Management - UST Section requests approval to proceed to the full Environmental Management Commission (EMC) with revisions to rules governing underground storage tanks (USTs). The rules under consideraiton are 15A NCAC 02N (Criteria and Standards Applicable to Underground Storage Tanks). Rule changes are needed to incorporate revisions made to the federal UST regulations (40 CFR Parts 280 and 281), which were published in the Federal Register on July 15, 2015. The federal revisions establish requirements that are similar to key portions of the Federal Energy Policy Act of 2005 - secondary containment for new and replacement UST systems and operator training. In addition, EPA added new operation and maintenance requirements for existing UST systems and addressed UST systems that were deferred in the 1988 UST regulations. The state is required to incorporate these changes in order to retain its State Program Approval.
Attachments: 15A NCAC 02N and 15A NCAC 020; Attachment A - Summary of Proposed Rule Changes: 15A NCAC 02N & 15A NCAC 020; Powerpoint Presentation
Recommendation: The GWWMC approve to proceed to the EMC with the revisions of the subject rules.
3. Request to Proceed to Environmental Management Commission for adoption of 15A NCAC 02I .0501 (Michael Scott, DWM)
Explanation: The Division of Waste Management requests approval to proceed to the full Environmental Management Commission (EMC) with revisions to rule 15A NCAC 02I .0501 pursuant to G.S. 150B-21.5(a)(4). A public notice and hearing is not required given the limited scope of the changes made in response to a change of authority from the Public health Commission and a change in title for the former Division of Water Quality. The proposed changes will correct information that is readily available to the public.
Attachments: 15A NCAC 02I .0501
Recommendation: If the GWWMC agrees this action is necessary, the Department would like to request the committee to proceed with recommending this action to the full EMC in September.
III. Information Items:
1. Status on the Periodic Review of Existing Rules for the 15A NCAC 02C rules in accordance with Session Law 2013-413 (Debra Watts, DWM)
Explanation: Staff will summarize what comments were received and make a final recommendation to the Commission.
Attachments: Spreadsheet titled G.S. 150B-21.3A Report for 15A NCAC 02C, Well Construction Standards, Powerpoint Presentation, and 15A NCAC 02C Comments Response Document.
IV. Closing Remarks - Chairman Puette
Adjournment 7-13-16