November 8, 2017 GWWM Committee

GROUNDWATER AND WASTE MANAGEMENT COMMITTEE

512 N. Salisbury Street
Archdale Building-Ground Floor Hearing Room

November 8, 2017
10:00 a.m. - 11:30 a.m.

Bill Puette, Chairman, Presiding

In the event the previously scheduled committee adjourns prior to the estimated adjournment time, the other committee meeting may be called to order by the Chairman fifteen minutes after the previous meeting adjourned.

I.      Preliminary Matters

1.      Call to Order and Notice of NCGS §138A-15 (Chairman Puette)

General Statute §138A-15 mandates that the Chairman inquires 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 Groundwater and Waste Management Committee. If any member knows of a conflict of interest or appearance of conflict, please so state at this time.

Approval of minutes from Groundwater and Waste Management Committee (GWWMC) meeting on September 13, 2017. (Attached)

II.  Action Items:

1.  Approval to Proceed to the EMC for Public Comment and Hearing for Readoption of 15A NCAC 02S (Pete Doorn, DWM)

Explanation: The Division of Waste Management seeks approval to proceed to the EMC for public notice and hearing for readoption of 15A NCAC 02S – Rules and Criteria for the Administration of the Dry-Cleaning Solvent Cleanup Fund. The rules are proposed for readoption pursuant to G.S. 150B-21.3A. Limited amendments to the rules are also being proposed.

Attachments:
 A - Rule Text 15A MCAC 02S
PowerPoint Presentation

Recommendation: That the GWWMC approve 15A NCAC 02S to proceed to the EMC for public notice and hearing.

2.  Approval to Proceed to the EMC for Public Comment and Hearing for Readoption of 15A NCAC 02C (Debra Watts, DWR and Wilson Mize, DHHS)

Explanation: The Division of Water Resources (DWR) and the Department of Health and Human Services (DHHS) seek approval to proceed to the Environmental Management Commission (EMC) for public notice and hearing for proposed amendments to 15A NCAC 02C Well Construction Standards. The rules are proposed for readoption pursuant to G.S. 150B-21.3A. Rule amendments are based on stakeholder and Division staff recommendations.

Attachments:
A – 15A NCAC 02C .0100, .0200, and .0300
Powerpoint Presentation

Recommendation: For the GWWMC grant approval to proceed to the EMC on January 11, 2018 for public comment and hearing on proposed amendments and readoption for 15A NCAC 02C Well Construction Standards.

III.    Information Items:

1.  Update on Rules Review of 15A NCAC 02L in accordance with S.L. 2013-413 (HB74) (Jeff Manning, DWR)

Explanation: Staff will provide an update on the periodic review of existing rules conducted pursuant to G.S. 150B-21.3A for 15A NCAC 02L, the Groundwater Classification and Standards rules. The 60-day public comment period for the initial determinations of the rules in this Subchapter was completed, and no public comments were received for these rules.

The Divisions of Water Resources and Waste Management conduct programs guided by these rules. The Divisions will proceed to the EMC meeting on January 11, 2018 for approval of the final determination reports for rules in Subchapter 02L, and if approved, the report will be submitted to the Rules Review Commission for review at their February 15, 2018 meeting.

Attachments:
A - 15A NCAC 02L Final Determination Report
Powerpoint Presentation

2.   Update Following Public Notice for Periodic Review of Existing Rules Reports for 15A NCAC 02N, 02O, and 02P (Andria Merritt, DWM)

Explanation: The Division of Waste Management, Underground Storage Tank Section, will provide an update on the periodic review of existing rules process for 15A NCAC 02N, 15A NCAC 02O, and 15A NCAC 02P pursuant to G.S. 150B-21.3A. The 60-day public comment period for the initial staff determinations of the rules in these Subchapters has been completed. Three comments were submitted and will be considered during the readoption process. No determinations were changed following the comment period.

The Division of Waste Management intends to proceed to the EMC meeting on January 11, 2018 for approval of the final determination reports for the rules in these Subchapters, and if approved, the report will be submitted to the Rules Review Commission for review at their February 15, 2018 meeting.

Attachments:
A – Rule Report 15A NCAC 02N
B – Rule Report 15A NCAC 02O
C – Rule Report 15A NCAC 02P
D – Comments Received
PowerPoint Presentation

3.    Update on 15A NCAC 13B Rule Readoption Process Timeline (Ellen Lorscheider, DWM)

Explanation:  The Division of Waste Management Solid Waste Section has been conducting periodic meetings with interested parties since January 2017 to gather input on the rules, and is providing an update on the readoption process timeline and proposed deadline for the 15A NCAC 13B rules. Pursuant to G.S. 150B-21.3A, the Rules Review Commission approved the Periodic Review of Existing Rules Report for 15A NCAC 13B (except .1500 rules) at the April 20, 2017 meeting, and the report became effective on June 23, 2017.

Attachments:
A - 15A NCAC 13B RRC Final Report
PowerPoint Presentation

4.   Overview: The Extent of Groundwater Contamination from the Chemours Facility (Michael Scott/DWM)

III.     Closing Remarks - Chairman Puette

Adjournment 11-8-17