Charlotte Jesneck Inactive Hazardous Sites BranchSuperfund Section Division of Waste Management March 7 2018 Groundwater and Waste Management Committee Update on the 15A NCAC 13C 0300 Rules Background ID: 764084
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Charlotte JesneckInactive Hazardous Sites Branch-Superfund SectionDivision of Waste Management March 7, 2018 Groundwater and Waste Management Committee Update on the 15A NCAC 13C .0300 Rules
BackgroundThe RRC approved the Periodic Review of Existing Rules Report for 15A NCAC 13C and it became final in June of 2017.These rules relate to the implementation of the Inactive Hazardous Sites Response Act for remediation of contaminated sites. Subchapter 13C has three sets of rules: .0100 Notice, .0200 Prioritization, and .0300 Voluntary Remedial Action Oversight by Registered Environmental Consultants. Rule sections .0100 and .0200 were deemed necessary without substantive public interest. The .0300 rules for Voluntary Remedial Action Oversight by Registered Environmental Consultants were deemed necessary with substantive public interest. 2 Department of Environmental Quality
15A NCAC 13C .0300Anonymous surveyMeetings with regulated entities and their clientsComments provided to staff Based on feedback thus far, DWM plans to propose amendments to the rules during re-adoption Efforts Taken to Survey Interest 3 Department of Environmental Quality
15A NCAC 13C .0300Have been evaluating proposed rule change options for consideration by stakeholdersWill take starter set of changes through a stakeholder process to develop into final proposal Will solicit RRC staff attorney pre-review Will conduct rule-making process Re-adoption Planning and Schedule 4 Department of Environmental Quality
Anticipated Rule-Making ScheduleFeb - Mar 2018: Prepare an initial working draft rules for stakeholders Establish a stakeholder committee of interested parties Apr - Sep 2018: Stakeholder committee works out content of rules Oct – Nov 2018: Request RRC staff legal pre-review of stakeholder draft rulesDec 2018 – Jan 2019: Stakeholder committee modifies rules based on RRC staff comments 5
Anticipated Rule-Making ScheduleFeb - Mar 2019: Draft fiscal note prepared and undergoes internal review Apr 2019: Fiscal note sent to OSBM for review May - Jun 2019: OSBM reviews fiscal note Jul 2019: DWM revises fiscal note and resends for additional OSBM review Aug - Sep 2019: OSBM approves fiscal note 6
Anticipated Rule-Making ScheduleOct 2019: Submit draft rules and fiscal note to Groundwater and Waste Management Committee of the EMC Nov 2019: Groundwater and Waste Management Committee of the EMC approves rules and fiscal note to go to EMC Dec 2019: Rules and fiscal note submitted to EMC Jan 2020: EMC approves rules and fiscal note for public comment Feb - May 2020: Public comment on the rules; submission of Notice of Text; publication in the Register; additional stakeholder input; incorporate changes 7
Anticipated Rule-Making ScheduleJun 2020: Revised rules and fiscal note sent to EMC Jul 2020: EMC adopts rules or calls for additional changes or public comment Aug 2020: Feb 2021: Allowance for rule changes required by EMC and/or RRC Mar 2021: EMC adopts rulesApr 2021: Rules submitted to RRC for approval The Division will propose to the Rules Review Commission a readoption deadline of March 31, 2021 by the EMC. 8
Questions?9 Department of Environmental Quality Charlotte Jesneck Inactive Hazardous Sites Branch Superfund Section Division of Waste Management 919-707-8327 charlotte.jesneck@ncdenr.gov