Section .0100 ‑ General Considerations

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 02 - environmental management/subchapter l/subchapter l rules.html
Published: 2015

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SUBCHAPTER 2L ‑ GROUNDWATER CLASSIFICATION AND

STANDARDS

 

SECTION .0100 ‑ GENERAL CONSIDERATIONS

 

15A NCAC 02L .0101       AUTHORIZATION

(a)  N.C. General Statute 143‑214.1 directs that the

Commission develop and adopt after proper study a series of classifications and

standards which will be appropriate for the purpose of classifying each of the

waters of the state in such a way as to promote the policy and purposes of the

act.  Pursuant to this statute, the rules in this Subchapter establish a series

of classifications and water quality standards applicable to the groundwaters

of the state.

(b)  These rules are applicable to all activities or

actions, intentional or accidental, which contribute to the degradation of

groundwater quality, regardless of any permit issued by a governmental agency

authorizing such action or activity except an innocent landowner who is a bona

fide purchaser of property which contains a source of groundwater

contamination, who purchased such property without knowledge or a reasonable basis

for knowing that groundwater contamination had occurred, or a person whose

interest or ownership in the property is based or derived from a security

interest in the property, shall not be considered a responsible party.

 

History Note:        Authority G.S. 143‑214.1; 143‑214.2;

143‑215.3(a)(1); 143B‑282;

Eff. June 10, 1979;

Amended Eff. August 1, 1989; July 1, 1988; September 1,

1984; December 30, 1983.

15A NCAC 02L .0102       DEFINITIONS

The definition of any word or phrase used in these Rules

shall be the same as given in G.S. 143‑212 and G.S. 143‑213 except

that the following words and phrases shall have the following meanings:

(1)           "Bedrock" means any consolidated rock

encountered in the place in which it was formed or deposited and which cannot

be readily excavated without the use of explosives or power equipment.

(2)           "Commission" means the Environmental

Management Commission as organized under G.S. 143B.

(3)           "Compliance boundary" means a boundary

around a disposal system at and beyond which groundwater quality standards may

not be exceeded and only applies to facilities which have received a permit

issued under the authority of G.S. 143‑215.1 or G.S. 130A.

(4)           "Contaminant" means any substance

occurring in groundwater in concentrations which exceed the groundwater quality

standards specified in Rule .0202 of this Subchapter.

(5)           "Corrective action plan" means a plan for

eliminating sources of groundwater contamination or for achieving groundwater

quality restoration or both.

(6)           "Director" means Director of the Division

of Environmental Management.

(7)           "Division" means the Division of

Environmental Management.

(8)           "Exposure pathway" means a course taken

by a contaminant by way of a transport medium after its release to the

environment.

(9)           "Free product" means a non‑aqueous

phase liquid which may be present within the saturated zone or in surface

water.

(10)         "Fresh groundwaters" means those

groundwaters having a chloride concentration equal to or less than 250

milligrams per liter.

(11)         "Groundwaters" means those waters

occurring in the subsurface under saturated conditions.

(12)         "Hazardous substance" means any substance

as defined by Section 101(14) of the Comprehensive Environmental Response,

Compensation and Liability Act of 1980 (CERCLA).

(13)         "Licensed geologist" means a person who

has been duly licensed as a geologist in accordance with the requirements of

G.S. 89E.

(14)         "Natural remediation" means those natural

processes acting to restore groundwater quality, including dilution,

filtration, sorption, ion‑exchange, chemical transformation and

biodegradation.

(15)         "Practical Quantitation Limit" means the

lowest concentration of a given material that can be reliably achieved among

laboratories within specified limits of precision and accuracy by a given

analytical method during routine laboratory analysis.

(16)         "Natural conditions" means the physical,

biological, chemical and radiological conditions which occur naturally.

(17)         "Potable waters" means those waters

suitable for drinking by humans.

(18)         "Professional Engineer" means a person who

has been duly registered and licensed as a professional engineer in accordance

with the requirements of G.S. 89C.

(19)         "Receptor" means any human, plant, animal,

or structure which is, or has the potential to be, adversely effected by the

release or migration of contaminants.  Any well constructed for the purpose of

monitoring groundwater and contaminant concentrations shall not be considered a

receptor.

(20)         "Review boundary" means a boundary around

a permitted disposal facility, midway between a waste boundary and a compliance

boundary at which groundwater monitoring is required.

(21)         "Saline groundwaters" means those

groundwaters having a chloride concentration of more than 250 mg/l.

(22)         "Saturated zone" means that part of the subsurface

below the water table in which all the interconnected voids are filled with

water under pressure at or greater than atmospheric.  It does not include the

capillary fringe.

(23)         "Standards" means groundwater quality

standards as specified in Rule .0202 of this Subchapter.

(24)         "Suitable for drinking" means a quality of

water which does not contain substances in concentrations which, either

singularly or in combination if ingested into the human body, may cause death,

disease, behavioral abnormalities, congenital defects, genetic mutations, or

result in an incremental lifetime cancer risk in excess of 1x10‑6, or

render the water unacceptable due to aesthetic qualities, including taste, odor

or appearance.

(25)         "Time of travel" means the time required

for contaminants in groundwater to move a unit distance.

(26)         "Waste boundary" means the perimeter of

the permitted waste disposal area.

(27)         "Water table" means the surface of the

saturated zone below which all interconnected voids are filled with water and

at which the pressure is atmospheric.

 

History Note:        Authority G.S. 143‑214.1; 143‑215;

143B‑282;

Eff. June 10, 1979.

Amended Eff. October 1, 1993; August 1, 1989; July 1,

1988; March 1, 1985.

 

 

 

15A NCAC 02L .0103       POLICY

(a)  The rules established in this Subchapter are intended

to maintain and preserve the quality of the  groundwaters, prevent and abate

pollution and contamination of the waters of the state, protect public health,

and permit management of the groundwaters for their best usage by the citizens

of North Carolina.  It is the policy of the Commission that the best usage of

the groundwaters of the state is as a source of drinking water.  These

groundwaters generally are a potable source of drinking water without the

necessity of significant treatment.  It is the intent of these Rules to protect

the overall high quality of North Carolina's groundwaters to the level

established by the standards and to enhance and restore the quality of degraded

groundwaters where feasible and necessary to protect human health and the

environment, or to ensure their suitability as a future source of drinking

water.

(b)  It is the intention of the Commission to protect all

groundwaters to a level of quality at least as high as that required under the

standards established in Rule .0202 of this Subchapter. In keeping with the

policy of the Commission to protect, maintain, and enhance groundwater quality

within the State of North Carolina, the Commission will not approve any

disposal system subject to the provisions of G.S. 143‑215.1 which would

result in:

(1)           the significant degradation of groundwaters

which have existing quality that is better than the assigned standard, unless

such degradation is found to be in the best interests of the citizens of North

Carolina based upon the projected economic benefits of the facility and a

determination that public health will be protected, or

(2)           a violation of a groundwater quality

standard beyond a designated compliance boundary, or

(3)           the impairment of existing groundwater uses

or increased risk to the health or safety of the public due to the operation of

a waste disposal system.

(c)  Violations of standards resulting from groundwater

withdrawals which are in compliance with water use permits issued pursuant to

G.S. 143‑215.15, shall not be subject to the corrective action

requirements of Rule .0106 of this Subchapter.

(d)  No person shall conduct or cause to be conducted, any

activity which causes the concentration of any substance to exceed that

specified in Rule .0202 of this Subchapter, except as authorized by the rules

of this Subchapter.

(e)  Work that is within the scope of the practice of

geology and engineering, performed pursuant to the requirements of this

Subchapter, which involves site assessment, the interpretation of subsurface

geologic conditions, preparation of conceptual corrective action plans or any

work requiring detailed technical knowledge of site conditions which is

submitted to the Director, shall be performed by persons, firms or professional

corporations who are duly licensed to offer geological or engineering services

by the appropriate occupational licensing board or are exempted from such

licensing by G.S. 89E-6.  Work which involves design of remedial systems or

specialized construction techniques shall be performed by persons, firms or

professional corporations who are duly licensed to offer engineering services. 

Corporations that are authorized by law to perform engineering or geological

services and are exempt from the Professional Corporation Act, G.S. 55B, may

perform these services.

 

History Note:        Authority G.S. 143‑214; 143‑214.1;

143‑214.2; 143‑215.3(e); 143‑215.3(a)(1);

143B‑282;

Eff. June 10, 1979;

Amended Eff. August 1, 1989; July 1, 1988; September 1,

1984; December 30, 1983;

RRC Objection Eff. September 17, 1993, due to lack of

necessity for Paragraph (e);

Amended Eff. November 4, 1993.

 

 

 

15A NCAC 02L .0104       RESTRICTED DESIGNATION (RS)

(a)  The RS designation serves as a warning that groundwater

so designated may not be suitable for use as a drinking water supply without

treatment.  The designation is temporary and will be removed by the Director

upon a determination that the quality of the groundwater so designated has been

restored to the level of the applicable standards or when the groundwaters have

been reclassified by the Commission.  The Director is authorized to designate

GA or GSA groundwaters as RS under any of the following circumstances:

(1)           Where, as a result of man's activities,

groundwaters have been contaminated and the Director has approved a corrective

action plan, or termination of corrective action, that will not result in the

immediate restoration of such groundwaters to the standards established under

this Subchapter.

(2)           Where a statutory variance has been granted

as provided in Rule .0113 of this Subchapter.

(b)  Groundwaters occurring within an area defined by a

compliance boundary in a waste disposal permit are deemed to be designated RS.

(c)  The boundary of a designated RS area may be

approximated in the absence of analytical data sufficient to define the

dimension of the area.  The boundary shall be located at least 250 feet away

from the predicted edge of the contaminant plume, and shall include any areas

into which the contamination is expected to migrate.

(d)  In areas designated RS, the person responsible for

groundwater contamination shall establish and implement a groundwater

monitoring system sufficient to detect changes in groundwater quality within

the RS designated area.  Monitoring shall be quarterly for the first year and

may be reduced to semi‑annually thereafter until the applicable standards

have been achieved.  If during the monitoring period, contaminant

concentrations increase, additional remedial action or monitoring pursuant to

these Rules may be required.

(e)  The applicant for an RS designation shall also provide

written verification that all property owners within and adjacent to the

proposed RS area have been notified of the requested RS designation.

(f)  The Division shall provide public notice of the intent

to designate any groundwater RS in accordance with the following requirements:

(1)           Notice shall be published at least 30 days

prior to any proposed final action in accordance with G.S. 143‑215.4.  In

addition, notice shall be provided to all property owners identified pursuant

to Paragraph (e) of this Rule and to the local County Health Director and the

chief administrative officer of the political jurisdiction(s) in which the

contamination occurs.

(2)           The notice shall contain the following

information:

(A)          name, address, and phone number of the agency

issuing the public notice;

(B)          the location and extent of the designated area;

(C)          the county title number, county tax identification

number, or the property tax book and page identifiers;

(D)          a brief description of the action or actions which

resulted in the degradation of groundwater in the area;

(E)           actions or intended actions taken to restore

groundwater quality;

(F)           the significance of the RS designation;

(G)          conditions applicable to removal of the RS

designation;

(H)          address and phone number of a Division contact from

whom interested parties may obtain further information.

(3)           The Director shall consider all requests

for a public hearing, and if he determines that there is significant public

interest he shall issue public notice and hold a public hearing in accordance

with G.S 143‑215.4(b) and Rule .0113(e) of this Section.

(4)           These requirements shall not apply to

groundwaters defined in Paragraph (b) of this Rule.

 

History Note:        Authority G.S. 143‑214.1; 143‑215.3(a)(1);

143B‑282(2);

Eff. June 10, 1979;

Amended Eff. October 1, 1993; December 1, 1989; August 1,

1989; December 30, 1983.

 

 

 

15A NCAC 02L .0105       ADOPTION BY REFERENCE

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983;

Repealed Eff. August 1, 1989.

 

 

 

15A NCAC 02L .0106       CORRECTIVE ACTION

(a)  Where groundwater quality has been degraded, the goal

of any required corrective action shall be restoration to the level of the

standards, or as closely thereto as is economically and technologically

feasible.  In all cases involving requests to the Director for approval of

corrective action plans, or termination of corrective action, the

responsibility for providing all information required by this Rule lies with

the person(s) making the request.

(b)  Any person conducting or controlling an activity which

results in the discharge of a waste or hazardous substance or oil to the

groundwaters of the State, or in proximity thereto, shall take immediate action

to terminate and control the discharge, mitigate any hazards resulting from

exposure to the pollutants and notify the Division of the discharge.

(c)  Any person conducting or controlling an activity which

has not been permitted by the Division and which results in an increase in the

concentration of a substance in excess of the standard, other than agricultural

operations, shall:

(1)           immediately notify the Division of the

activity that has resulted in the increase and the contaminant concentration

levels;

(2)           take immediate action to eliminate the

source or sources of contamination;

(3)           submit a report to the Director assessing

the cause, significance and extent of the violation; and

(4)           implement an approved corrective action

plan for restoration of groundwater quality in accordance with a schedule

established by the Director, or his designee.  In establishing a schedule the

Director, or his designee shall consider any reasonable schedule proposed by

the person submitting the plan.  A report shall be made to the Health Director

of the county or counties in which the contamination occurs in accordance with

the requirements of Rule .0114(a) in this Section.

(d)  Any person conducting or controlling an activity which

is conducted under the authority of a permit issued by the Division and which

results in an increase in concentration of a substance in excess of the

standards:

(1)           at or beyond a review boundary, shall

demonstrate, through predictive calculations or modeling, that natural site

conditions, facility design and operational controls will prevent a violation

of standards at the compliance boundary; or submit a plan for alteration of

existing site conditions, facility design or operational controls that will

prevent a violation at the compliance boundary, and implement that plan upon

its approval by the Director, or his designee.

(2)           at or beyond a compliance boundary, shall

assess the cause, significance and extent of the violation of standards and

submit the results of the investigation, and a plan and proposed schedule for

corrective action to the Director, or his designee.  The permittee shall

implement the plan as approved by and in accordance with a schedule established

by the Director, or his designee.  In establishing a schedule the Director, or

his designee shall consider any reasonable schedule proposed by the permittee.

(e)  For the purposes of Paragraphs (c) and (d) of this

Rule, an activity conducted under the authority of a permit issued by the

Division, and subject to Paragraph (d) of this Rule, is one for which:

(1)           a permit has been issued pursuant to G.S.

143‑215.1;

(2)           the permit was originally issued after

December 30, 1983;

(3)           the substance for which a standard has been

exceeded outside the compliance boundary has been released to groundwater as a

result of the permitted activity;

(4)           all other activities shall for the purpose

of this Rule be deemed not permitted by the Division and subject to the

provisions of Paragraph (c) of this Rule.

(f)  Corrective action required following discovery of the

unauthorized release of a contaminant to the surface or subsurface of the land,

and prior to or concurrent with the assessment required in Paragraphs (c) and

(d) of this Rule, shall include, but is not limited to:

(1)           Prevention of fire, explosion or the spread

of noxious fumes;

(2)           Abatement, containment or control of the

migration of contaminants;

(3)           Removal, or treatment and control of any

primary pollution source such as buried waste, waste stockpiles or surficial

accumulations of free products;

(4)           Removal, treatment or control of secondary

pollution sources which would be potential continuing sources of pollutants to

the groundwaters such as contaminated soils and non‑aqueous phase

liquids.  Contaminated soils which threaten the quality of groundwaters must be

treated, contained or disposed of in accordance with applicable rules.  The

treatment or disposal of contaminated soils shall be conducted in a manner that

will not result in a violation of standards or North Carolina Hazardous Waste

Management rules.

(g)  The site assessment conducted pursuant to the

requirements of Paragraph (c) of this Rule, shall include:

(1)           The source and cause of contamination;

(2)           Any imminent hazards to public health and

safety and actions taken to mitigate them in accordance with Paragraph (f) of

this Rule;

(3)           All receptors and significant exposure

pathways;

(4)           The horizontal and vertical extent of soil

and groundwater contamination and all significant factors affecting contaminant

transport; and

(5)           Geological and hydrogeological features

influencing the movement, chemical, and physical character of the contaminants.

Reports of site assessments shall be submitted to the

Division as soon as practicable or in accordance with a schedule established by

the Director, or his designee.  In establishing a schedule the Director, or his

designee shall consider any reasonable proposal by the person submitting the

report.

(h)  Corrective action plans for restoration of groundwater

quality, submitted pursuant to Paragraphs (c) and (d) of this Rule shall

include:

(1)           A description of the proposed corrective

action and reasons for its selection.

(2)           Specific plans, including engineering

details where applicable, for restoring groundwater quality.

(3)           A schedule for the implementation and

operation of the proposed plan.

(4)           A monitoring plan for evaluating the

effectiveness of the proposed corrective action and the movement of the

contaminant plume.

(i)  In the evaluation of corrective action plans, the

Director, or his designee shall consider the extent of any violations, the

extent of any threat to human health or safety, the extent of damage or

potential adverse impact to the environment, technology available to accomplish

restoration, the potential for degradation of the contaminants in the environment,

the time and costs estimated to achieve groundwater quality restoration, and

the public and economic benefits to be derived from groundwater quality

restoration.

(j)  A corrective action plan prepared pursuant to Paragraph

(c) or (d) of this Rule must be implemented using the best available technology

for restoration of groundwater quality to the level of the standards, except as

provided in Paragraphs (k), (l), (m), (r) and (s) of this Rule.

(k)  Any person required to implement an approved corrective

action plan for a non‑permitted site pursuant to this Rule may request

that the Director approve such a plan without requiring groundwater remediation

to the standards.  A request submitted to the Director under this Paragraph

shall include a description of site specific conditions, including information

on the availability of public water supplies for the affected area; the

technical basis for the request; and any other information requested by the

Director to thoroughly evaluate the request.  In addition, the person making

the request must demonstrate to the satisfaction of the Director:

(1)           that all sources of contamination and free

product have been removed or controlled pursuant to Paragraph (f) of this Rule;

(2)           that the time and direction of contaminant

travel can be predicted with reasonable certainty;

(3)           that contaminants have not and will not

migrate onto adjacent properties, or that:

(A)          such properties are served by an existing public

water supply system dependent on surface waters or hydraulically isolated

groundwater, or

(B)          the owners of such properties have consented in

writing to the request;

(4)           that the standards specified in Rule .0202

of this Subchapter will be met at a location no closer than one year time of

travel upgradient of an existing or foreseeable receptor, based on travel time

and the natural attenuation capacity of subsurface materials or on a physical

barrier to groundwater migration that exists or will be installed by the person

making the request;

(5)           that, if the contaminant plume is expected

to intercept surface waters, the groundwater discharge will not possess

contaminant concentrations that would result in violations of standards for

surface waters contained in 15A NCAC 2B .0200;

(6)           that public notice of the request has been

provided in accordance with Rule .0114(b) of this Section;

(7)           that the proposed corrective action plan

would be consistent with all other environmental laws.

(l)  Any person required to implement an approved corrective

action plan for a non‑permitted site pursuant to this Rule may request

that the Director approve such a plan based upon natural processes of

degradation and attenuation of contaminants.  A request submitted to the

Director under this Paragraph shall include a description of site specific

conditions, including written documentation of projected groundwater use in the

contaminated area based on current state or local government planning efforts;

the technical basis for the request; and any other information requested by the

Director to thoroughly evaluate the request.  In addition, the person making

the request must demonstrate to the satisfaction of the Director:

(1)           that all sources of contamination and free

product have been removed or controlled pursuant to Paragraph (f) of this Rule;

(2)           that the contaminant has the capacity to

degrade or attenuate under the site‑specific conditions;

(3)           that the time and direction of contaminant

travel can be predicted with reasonable certainty;

(4)           that contaminant migration will not result

in any violation of applicable groundwater standards at any existing or

foreseeable receptor;

(5)           that contaminants have not and will not

migrate onto adjacent properties, or that:

(A)          such properties are served by an existing public

water supply system dependent on surface waters or hydraulically isolated

groundwater, or

(B)          the owners of such properties have consented in

writing to the request;

(6)           that, if the contaminant plume is expected

to intercept surface waters, the groundwater discharge will not possess contaminant

concentrations that would result in violations of standards for surface waters

contained in 15A NCAC 2B .0200;

(7)           that the person making the request will put

in place a groundwater monitoring program sufficient to track the degradation

and attenuation of contaminants and contaminant by‑products within and

down gradient of the plume and to detect contaminants and contaminant by‑products

prior to their reaching any existing or foreseeable receptor at least one

year's time of travel upgradient of the receptor and no greater than the

distance the groundwater at the contaminated site is predicted to travel in

five years;

(8)           that all necessary access agreements needed

to monitor groundwater quality pursuant to Subparagraph (7) of this Paragraph

have been or can be obtained;

(9)           that public notice of the request has been

provided in accordance with Rule .0114(b) of this Section; and

(10)         that the proposed corrective action plan

would be consistent with all other environmental laws.

(m)  The Division or any person required to implement an

approved corrective action plan for a non‑permitted site pursuant to this

Rule may request that the Director approve termination of corrective action.

(1)           A request submitted to the Director under

this Paragraph shall include:

(A)          a discussion of the duration of the corrective

action, the total project's cost, projected annual cost for continuance and

evaluation of the success of the corrective action;

(B)          an evaluation of alternate treatment technologies

which could result in further reduction of contaminant levels projected capital

and annual operating costs for each technology;

(C)          effects, including health and safety impacts, on

groundwater users if contaminant levels remain at levels existing at the time

corrective action is terminated; and

(D)          any other information requested by the Director to

thoroughly evaluate the request.

(2)           In addition, the person making the request

must demonstrate to the satisfaction of the Director:

(A)          that continuation of corrective action would not

result in a significant reduction in the concentration of contaminants (At a

minimum this demonstration must show the duration and degree of success of

existing remedial efforts to attain standards and include a showing that the

asymptotic slope of the contaminants curve of decontamination is less than a

ratio of 1:40 over a term of one year based on quarterly sampling);

(B)          that contaminants have not and will not migrate onto

adjacent properties, or that:

(i)            such properties are served by an existing

public water supply system dependent on surface waters or hydraulically

isolated groundwater, or

(ii)           the owners of such properties have consented in

writing to the request;

(C)          that, if the contaminant plumes expected to

intercept surface waters, the groundwater discharge will not possess

contaminant concentrations that would result in violations of standards for

surface waters contained in 15A NCAC 2B .0200;

(D)          that public notice of the request has been provided

in accordance with Rule .0114(b) of this Section; and

(E)           that the proposed termination would be consistent

with all other environmental laws.

(3)           The Director shall not authorize

termination of corrective action for any area that, at the time the request is

made, has been identified by a state or local groundwater use planning process

for resource development.

(4)           The Director may authorize the termination

of corrective action, or amend the corrective action plan after considering all

the information in the request.  Upon termination of corrective action, the

Director shall require implementation of a groundwater monitoring program

sufficient to track the degradation and attenuation of contaminants at a

location of at least one year's predicted time of travel upgradient of any

existing or foreseeable receptor.  The monitoring program shall remain in

effect until there is sufficient evidence that the contaminant concentrations

have been reduced to the level of the standards.

(n)  Upon a determination by the Director that continued

corrective action would result in no significant reduction in contaminant

concentrations, and the contaminated groundwaters can be rendered potable by

treatment using readily available and economically reasonable technologies, the

Director may designate the remaining area of degraded groundwater RS.  Where

the remaining degraded groundwaters cannot be made potable by such treatment,

the Director may consider a request for reclassification of the groundwater to

a GC classification as outlined in Rule .0201 of this Subchapter.

(o)  If at any time the Director determines that a new

technology is available that would remediate the contaminated groundwater to

the standards specified in Rule .0202 of this Subchapter, the Director may

require the responsible party to evaluate the economic and technological

feasibility of implementing the new technology in an active groundwater

corrective action plan in accordance with a schedule established by the

Director.  The Director's determination to utilize new technology at any site

or for any particular constituent shall include a consideration of the factors

in Paragraph (h) of this Rule.

(p)  Where standards are exceeded as a result of the

application of pesticides or other agricultural chemicals, the Director shall

request the Pesticide Board or the Department of Agriculture to assist the

Division of Environmental Management in determining the cause of the

violation.  If the violation is determined to have resulted from the use of

pesticides, the Director shall request the Pesticide Board to take appropriate

regulatory action to control the use of the chemical or chemicals responsible

for, or contributing to, such violations, or to discontinue their use.

(q)  The approval pursuant to this Rule of any corrective

action plan, or modification or termination thereof, which permits the

migration of a contaminant onto adjacent property, shall not affect any private

right of action by any party which may be effected by that contamination.

(r)  If a discharge or release is not governed by 15A NCAC

2L .0115 and the increase in the concentration of a substance in excess of the

standard resulted in whole or in part from a release from a commercial or

noncommercial underground storage tank as defined in G.S. 143-215.94A, any

person required to implement an approved corrective action plan pursuant to

this Rule and seeking reimbursement for the Commercial or Noncommercial Leaking

Petroleum Underground Storage Tank Cleanup Funds shall implement a corrective

action plan meeting the requirements of Paragraph (k) or (l) of this Rule

unless such a person demonstrates to the Director that:

(1)           contamination resulting from the discharge

cannot qualify for approval of a plan based on the requirements of the

Paragraphs; or

(2)           the cost of making such a demonstration

would exceed the cost of implementing a corrective action plan submitted

pursuant to Paragraph (c) of this Rule.

(s)  If a discharge or release is not governed by 15A NCAC

2L .0115 and the increase in the concentration of a substance in excess of the

standard resulted in whole or in part from a release from a commercial or

noncommercial underground storage tank as defined in G.S. 143-215.94A, the

Director may require any person implementing or operating a previously approved

corrective action plan pursuant to this Rule to:

(1)           develop and implement a corrective action

plan meeting the requirements of Paragraphs (k) and (l) of this Rule; or

(2)           seek discontinuance of corrective action

pursuant to Paragraph (m) of this Rule.

 

History Note:        Authority G.S. 143‑215.2; 143‑215.3(a)(1);

143-215.94A; 143-215.94T; 143-215.94V; 143B‑282;

1995 (Reg. Sess. 1996) c. 648, s. 1;

Eff. August 1, 1989;

Amended Eff. October 1, 1993; September 1, 1992;

Temporary Amendment Eff. January 2, 1998; January 2,

1996;

Amended Eff. October 29, 1998.

 

 

 

15A NCAC 02L .0107       COMPLIANCE BOUNDARY

(a)  For disposal systems individually

permitted prior to December 30, 1983, the compliance boundary is established at

a horizontal distance of 500 feet from the waste boundary or at the property boundary,

whichever is closer to the source.

(b)  For disposal systems individually

permitted on or after December 30, 1983, a compliance boundary shall be

established 250 feet from the waste boundary, or 50 feet within the property

boundary, whichever point is closer to the source.

(c)  The boundary shall be established by the

Director, or his designee at the time of permit issuance.  Any sale or transfer

of property which affects a compliance boundary shall be reported immediately

to the Director, or his designee.  For disposal systems which are not governed

by Paragraphs (e) or (f) of this Rule, the compliance boundary affected by the

sale or transfer of property will be re‑established consistent with

Paragraphs (a) or (b) of this Rule, whichever is applicable.

(d)  Except as provided in Paragraph (g) of

this Rule, no water supply wells shall be constructed or operated within the

compliance boundary of a disposal system individually permitted or repermitted

after January 1, 1993.

(e)  Except as provided in Paragraph (g) of

this Rule, a permittee shall not transfer land within an established compliance

boundary of a disposal system permitted or repermitted after January 1, 1993

unless:

(1)           the land transferred is

serviced by a community water system as defined in 15A NCAC 18C, the source of

which is located outside the compliance boundary; and

(2)           the deed transferring the

property:

(A)          contains notice of the permit,

including the permit number, a description of the type of permit, and the name,

address and telephone number of the permitting agency; and

(B)          contains a restrictive covenant

running with the land and in favor of the permittee and the State, as a third

party beneficiary, which prohibits the construction and operation of water

supply wells within the compliance boundary; and

(C)          contains a restrictive covenant

running with the land and in favor of the permittee and the State, as a third

party beneficiary, which grants the right to the permittee and the State to

enter on such property within the compliance boundary for groundwater

monitoring and remediation purposes.

(f)  Except as provided in Paragraph (g) of

this Rule, if at the time a permit is issued or reissued after  January 1,

1993, the permittee is not the owner of the land within the compliance

boundary, it shall be a condition of the permit issued or renewed that the

landowner of the land within the compliance boundary, if other than the

permittee, execute and file in the Register of Deeds in the county in which the

land is located, an easement running with the land which:

(1)           contains:

(A)          either a notice of the permit,

including the permit number, a description of the type of permit, and the name,

address and telephone number of the permitting agency; or

(B)          a reference to a notice of the permit

with book and page number of its recordation if such notice is required to be

filed by statute;

(2)           prohibits the construction

and operation of water supply wells within the compliance boundary; and

(3)           reserves the right to the

permittee and the State to enter on such property within the compliance

boundary for groundwater monitoring and remediation purposes.  The easement may

be terminated by the Director when its purpose has been fulfilled or the need

for the easement no longer exists.  Under those conditions the Director shall,

upon request by the landowner, file a document terminating the easement with

the appropriate Register of Deeds.

(g)  The requirements of Paragraphs (d), (e)

and (f) of this Rule are not applicable to ground adsorption treatment systems

serving four or fewer single family dwellings or multiunit dwellings of four or

fewer units.

(h)  The boundary shall form a vertical plane

extending from the water table to the maximum depth of saturation.

(i)  For ground absorption sewage treatment

and disposal systems which are permitted under 15A NCAC 18A .1900, the

compliance boundary shall be established at the property boundary.

(j)  Penalties authorized pursuant to G.S. 143‑215.6A(a)(1)

will not be assessed for violations of standards within a compliance boundary

unless the violations are the result of violations of permit conditions or

negligence in the management of the facility.

(k)  The Director shall require:

(1)           that permits for all

activities governed by G.S. 143‑215.1 be written to protect the quality

of groundwater established by applicable standards, at the compliance boundary;

(2)           that necessary groundwater

quality monitoring shall be conducted within the compliance boundary; and

(3)           that a violation of

standards within the compliance boundary resulting from activities conducted by

the permitted facility be remedied through clean‑up, recovery,

containment, or other response when any of the following conditions occur:

(A)          a violation of any standard in

adjoining classified groundwaters occurs or can be reasonably predicted to

occur considering hydrogeologic conditions, modeling, or other available

evidence;

(B)          an imminent hazard or threat to the

public health or safety exists; or

(C)          a violation of any standard in

groundwater occurring in the bedrock other than limestones found in the Coastal

Plain sediments, unless it can be demonstrated that the violation will not

adversely affect, or have the potential to adversely affect a water supply

well.

 

History Note:        Authority G.S. 143‑215.1(b); 143‑215.3(a)(1);

143B‑282;

Eff. August 1, 1989;

Amended Eff. October 1, 1993; November 2, 1992.

 

 

 

15A NCAC 02L .0108       REVIEW BOUNDARY

A review boundary is established around any

disposal system midway between the compliance boundary and the waste boundary. 

When the concentration of any substance equals or exceeds the standard at the

review boundary as determined by monitoring, the permittee shall take action in

accordance with the provisions of Rule .0106(c)(2)(A) of this Subchapter.

 

History Note:        Authority G.S. 143‑215.1(b); 143‑215.3(a)(1);

143B‑282;

Eff. August 1, 1989.

 

 

 

15A NCAC 02L .0109       DELEGATION

(a)  The Director is delegated the authority

to enter into consent special orders under G.S. 143‑215.2 for violations

of the standards except when a public meeting is required as provided in 15A

NCAC 2H .1203.

(b)  The Director is delegated the authority

to prepare a proposed special order to be issued by the Commission without the

consent of the person affected and to notify the affected person of that

proposed order and of the procedure set out in G.S. 150B‑23 to contest

the proposed special order.

(c)  The Director, or his designee shall give

public notice of proposed consent special orders as specified in 15A NCAC 2H

.1203.

 

History Note:        Authority G.S. 143‑215.2; 143‑215.3(a)(1);

143‑215.3(a)(4);

Eff. August 1, 1989;

Amended Eff. October 1, 1993; October 1, 1990.

 

 

 

15A NCAC 02L .0110       MONITORING

(a)  Except where exempted by statute or this

Subchapter, any person who causes, permits or has control over any discharge of

waste, or groundwater cleanup program, shall install and implement a monitoring

system, at such locations, and in such detail, as the Director, or his designee

may require to evaluate the effects of the discharge upon the waters of the

state, including the effect of any actions taken to restore groundwater

quality, as well as the efficiency of any treatment facility.  The monitoring

plan shall be prepared under the responsible charge of a Professional Engineer

or Licensed Geologist and bear the seal of the same.

(b)  Monitoring systems shall be constructed

in a manner that will not result in the contamination of adjacent groundwaters

of a higher quality.

(c)  Monitoring shall be conducted and results

reported in a manner and at a frequency specified by the Director, or his

designee.

 

History Note:        Authority G.S. 143‑215.1(b); 143‑215.3(a)(1);

143‑215.65; 143‑215.66; 143B‑282;

Eff. August 1, 1989;

Amended Eff. October 1, 1993.

 

 

 

15A NCAC 02L .0111       REPORTS

(a)  Any person subject to the requirements

for corrective action specified in Rule .0106 of this Section shall submit to

the Director, in such detail as the Director may require, a written report that

describes:

(1)           the results of the

investigation specified in Paragraphs (c) and (d) of Rule .0106 of this

Section, including but not limited to:

(A)          a description of the sampling

procedures followed and methods of chemical analyses used; and

(B)          all technical data utilized in

support of any conclusions drawn or determinations made.

(2)           the results of the

predictive calculations or modeling, including a copy of the calculations or

model runs and all supporting technical data, used in the demonstration

required in Paragraph (d) of Rule .0106 of this Section; and

(3)           the proposed methodology and

timetable associated with the corrective action for those situations identified

in Paragraphs (c) and (d) of Rule .0106 of this Section.

(b)  The report shall be prepared under the

responsible charge of a Professional Engineer or Licensed Geologist and bear

the seal of the same as specified in Rule .0106(d) of this Section.

 

History Note:        Authority G.S. 143‑215.1(b); 143‑215.3(a)(1);

143‑215.65; 143B‑282;

Eff. August 1, 1989;

Amended Eff. October 1, 1993.

 

 

 

15A NCAC 02L .0112       ANALYTICAL PROCEDURES

Tests or analytical procedures to determine

compliance or noncompliance with the standards established in Rule .0202 of

this Subchapter will be in accordance with:

(1)           The most sensitive of the following

methods or procedures for substances where the standard is at or above the

method detection limit value:

(a)           The most recent version of

Standard Methods for the Examination of Water and Wastewater, published jointly

by American Public Health Association, American Water Works Association and

Water Pollution Control Federation;

(b)           Methods for Chemical Analysis

of Water and Waste, 1979, U.S. Environmental Protection Agency publication

number EPA‑600/4‑79‑020, as revised March 1983;

(c)           Test Methods for Evaluating

Solid Wastes: Physical/Chemical Methods, 3rd Edition, 1986, U.S. Environmental

Protection Agency publication number SW‑846;

(d)           Test Procedures for the

Analysis of Pollutants Under the Clean Water Act, Federal Register Vol. 49, No.

209, 40 CFR Part 136, October 26, 1984;

(e)           Methods or procedures

approved by letter from the Director upon application by the regulated source;

or

(2)           A method or procedure approved by

the Director for substances where the standard is less than the method

detection limit value.

 

History Note:        Authority G.S. 143‑215.3(a)(1);

143B‑282;

Eff. August 1, 1989;

Amended Eff. October 1, 1993.

 

 

 

15A NCAC 02L .0113       VARIANCE

(a)  The Commission, on its own initiative or

pursuant to a request under G.S. 143‑215.3(e), may grant variances to the

rules of this Subchapter.

(b)  Requests for variances are filed by

letter from the applicant to the Environmental Management Commission.  The

application shall be mailed to the chairman of the Commission in care of the

Director, Division of Environmental Management, Post Office Box 29535, Raleigh,

N.C. 27626‑0535.

(c)  The application shall contain the

following information:

(1)           Applications filed by

counties or municipalities must include a resolution of the County Board of

Commissioners or the governing board of the municipality requesting the

variance.

(2)           A description of the past,

existing or proposed activities or operations that have or would result in a

discharge of contaminants to the groundwaters.

(3)           Description of the proposed

area for which a variance is requested.  A detailed location map, showing the

orientation of the facility, potential for groundwater contaminant migration,

as well as the area covered by the variance request, with reference to at least

two geographic references (numbered roads, named streams/rivers, etc.) must be

included.

(4)           Supporting information to

establish that the variance will not endanger the public health and safety,

including health and environmental effects from exposure to groundwater

contaminants.  (Location of wells and other water supply sources including details

of well construction within 1/2 mile of site must be shown on a map).

(5)           Supporting information to

establish that requirements of this Rule cannot be achieved by providing the

best available technology economically reasonable.  This information must identify

specific technology considered, and the costs of implementing the technology

and the impact of the costs on the applicant.

(6)           Supporting information to

establish that compliance would produce serious financial hardship on the

applicant.

(7)           Supporting information that

compliance would produce serious financial hardship without equal or greater

public benefit.

(8)           A copy of any Special Order

that was issued in connection with contaminants in the proposed area and

supporting information that applicant has complied with the Special Order.

(9)           A list of the names and

addresses of any property owners within the proposed area of the variance as

well as any property owners adjacent to the site covered by the variance.

(d)  Upon receipt of the application, the

Director will review it for completeness and request additional information if

necessary. When the application is complete, the Director shall give public

notice of the application and schedule the matter for a public hearing in

accordance with G.S. 143‑215.4(b) and the procedures set out in Paragraph

(e) of this Rule.

(e)  Notice of Public Hearing:

(1)           Notice of public hearing on

any variance application shall be circulated in the geographical areas of the

proposed variance by the Director at least 30 days prior to the date of the

hearing:

(A)          by publishing the notice one time in

a newspaper having general circulation in said county;

(B)          by mailing to the North Carolina

Department of Environment, Health, and Natural Resources, Division of

Environmental Health and appropriate local health agency;

(C)          by mailing to any other federal,

state or local agency upon request;

(D)          by mailing to the local governmental

unit or units having jurisdiction over the geographic area covered by the

variance;

(E)           by mailing to any property owner

within the proposed area of the variance, as well as any property owners

adjacent to the site covered by the variance; and

(F)           by mailing to any person or group

upon request.

(2)           The contents of public

notice of any hearing shall include at least the following:

(A)          name, address, and phone number of

agency holding the public hearing;

(B)          name and address of each applicant

whose application will be considered at the meeting;

(C)          brief summary of the variance

request;

(D)          geographic description of a proposed

area for which a variance is requested;

(E)           brief description of activities or

operations which have or will result in the discharge of contaminants to the

groundwaters described in the variance application;

(F)           a brief reference to the public

notice issued for each variance application;

(G)          information regarding the time and

location for the hearing;

(H)          the purpose of the hearing;

(I)            address and phone number of

premises at which interested persons may obtain further information, request a

copy of each application, and inspect and copy forms and related documents; and

(J)            a brief description of the nature

of the hearing including the rules and procedures to be followed. The notice

shall also state that additional information is on file with the Director and

may be inspected at any time during normal working hours. Copies of the

information on file will be made available upon request and payment of cost or

reproduction.

(f)  All comments received within 30 days

following the date of the public hearing shall be made part of the application

file and shall be considered by the Commission prior to taking final action on

the application.

(g)  In determining whether to grant a

variance, the Commission shall consider whether the applicant has complied with

any Special Order, or Special Order by Consent issued under G.S. 143‑215.2.

(h)  If the Commission's final decision is

unacceptable, the applicant may file a petition for a contested case in

accordance with Chapter 150B of the General Statutes.  If the petition is not

filed within 60 days, the decision on the variance shall be final and binding.

(i)  A variance shall not operate as a defense

to an action at law based upon a public or private nuisance theory or any other

cause of action.

 

History Note:        Authority G.S. 143‑215.3(a)(1); 143‑215.3(a)(3);

143‑215.3(a)(4); 143‑215.3(e); 143‑215.4;

Eff. August 1, 1989;

Amended Eff. October 1, 1993.

 

15A NCAC 02L .0114       NOTIFICATION REQUIREMENTS

(a)  Any person subject to the requirements of

Rule .0106(c) of this Section shall submit to the local Health Director, and

the chief administrative officer of the political jurisdictions in which the

groundwater contamination has occurred, a report that describes:

(1)           The area extent of the

contaminant plume;

(2)           The chemical constituents in

the groundwater which exceed the standards described in Rule .0202 of this

Subchapter;

(3)           Actions taken and intended

to mitigate threats to human health;

(4)           The location of any wells

installed for the purpose of monitoring the contaminant plume and the frequency

of sampling.

The report described in this Rule shall be submitted no

later than five working days after submittal of the completed report assessing

the cause, significance and extent of the violation as required by Rule

.0106(c).

(b)  Any person who submits a request under

Rule .0106(k), (l), or (m) of this Section shall notify the local Health

Director and the chief administrative officer of the political jurisdictions in

which the contaminant plume occurs, and all property owners and occupants

within or contiguous to the area underlain by the contaminant plume, and under

the areas where it is expected to migrate, of the nature of the request and

reasons supporting it.  Notification shall be made by certified mail concurrent

with the submittal of the request to the Director.  A final decision by the

Director shall be postponed for a period of 30 days following receipt of the

request so that the Director may consider comments submitted by individuals

interested in the request.

(c)  Any person whose request under Rule

.0106(k), (l), or (m) of this Section is granted by the Director shall notify

parties specified in Paragraph (b) of this Rule of the Director's decision. 

Notification shall be made by certified mail within 30 days of receipt of the

Director's decision.

 

History Note:        Authority G.S. 143‑214.1; 143‑215.3(a)(1);

143B‑282(2)b;

Eff. October 1, 1993.

 

 

 

15A NCAC 02L .0115       RISK-BASED ASSESSMENT AND CORRECTIVE

ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Temporary Adoption Eff. January 2, 1998;

Eff. October 29, 1998;

Recodified to 15A NCAC 02L .0400 Eff. December 1, 2005.

 

SECTION .0200 ‑ CLASSIFICATIONS AND GROUNDWATER QUALITY

STANDARDS

 

15A NCAC 02L .0201       GROUNDWATER CLASSIFICATIONS

The classifications which may be assigned to the

groundwaters will be those specified in the following series of

classifications:

(1)           Class GA groundwaters; usage and occurrence:

(a)           Best Usage.  Existing or potential source of

drinking water supply for humans.

(b)           Conditions Related to Best Usage.  This

class is intended for those groundwaters in which chloride concentrations are equal

to or less than 250 mg/l, and which are considered suitable for drinking in

their natural state, but which may require treatment to improve quality related

to natural conditions.

(c)           Occurrence.  In the saturated zone.

(2)           Class GSA groundwaters; usage and occurrence:

(a)           Best Usage.  Existing or potential source of

water supply for potable mineral water and conversion to fresh waters.

(b)           Conditions Related to Best Usage.  This

class is intended for those groundwaters in which the chloride concentrations

due to natural conditions is in excess of 250 mg/l, but which otherwise may be

considered suitable for use as potable water after treatment to reduce

concentrations of naturally occurring substances.

(c)           Occurrence.  In the saturated zone.

(3)           Class GC groundwaters: usage and occurrence:

(a)           Best Usage.  The best usage of GC

groundwaters is as a source of water supply for purposes other than drinking,

including other domestic uses by humans.

(b)           Conditions Related to Best Usage.  This

class includes those groundwaters that do not meet the quality criteria for GA

or GSA groundwaters and for which efforts to improve groundwater quality would

not be technologically feasible, or not in the best interest of the public. 

Continued consumption of waters of this class by humans could result in adverse

health affects.

(c)           Occurrence.  Groundwaters of this class may

be defined by the Commission pursuant to Section .0300 of this Subchapter on a

case by case basis.

 

History Note:        Authority G.S. 143‑214.1; 143B‑282(2);

Eff. June 10, 1979;

Amended Eff. October 1, 1993; August 1, 1989; September

1, 1984; December 30, 1983.

 

 

 

 

15A NCAC 02L .0202       GROUNDWATER QUALITY STANDARDS

(a)  The groundwater quality standards for the protection of

the groundwaters of the state are those specified in this Rule. They are the

maximum allowable concentrations resulting from any discharge of contaminants

to the land or waters of the state, which may be tolerated without creating a

threat to human health or which would otherwise render the groundwater

unsuitable for its intended best usage.

(b)  The groundwater quality standards for contaminants

specified in Paragraphs (h) and (i) of this Rule are as listed, except that:

(1)           Where the standard for a substance is less

than the practical quantitation limit, the detection of that substance at or

above the practical quantitation limit constitutes a violation of the standard.

(2)           Where two or more substances exist in

combination, the Director shall consider the effects of chemical interactions

as determined by the Division of Public Health and may establish maximum

concentrations at values less than those established in accordance with

Paragraphs (c), (h), or (i) of this Rule.  In the absence of information to the

contrary, in accordance with Paragraph (d) of this Rule, the carcinogenic risks

associated with carcinogens present shall be considered additive and the toxic

effects associated with non-carcinogens present shall also be considered

additive.

(3)           Where naturally occurring substances exceed

the established standard, the standard shall be the naturally occurring

concentration as determined by the Director.

(4)           Where the groundwater standard for a

substance is greater than the Maximum Contaminant Level (MCL), the Director

shall apply the MCL as the groundwater standard at any private drinking water

well or public water system well that may be impacted.

(c)  Except for tracers used in concentrations which have

been determined by the Division of Public Health to be protective of human

health, and the use of which has been permitted by the Division, substances

which are not naturally occurring and for which no standard is specified shall

not be permitted in concentrations at or above the practical quantitation limit

in Class GA or Class GSA groundwaters.  Any person may petition the Director to

establish an interim maximum allowable concentration for a substance for which

a standard has not been established under this Rule.  The petitioner shall

submit relevant toxicological and epidemiological data, study results, and

calculations necessary to establish a standard in accordance with Paragraph (d)

of this Rule.  Within three months after the establishment of an interim

maximum allowable concentration for a substance by the Director, the Director

shall initiate action to consider adoption of a standard for that substance.

(d)  Except as provided in Paragraph (f) of this Rule,

groundwater quality standards for substances in Class GA and Class GSA

groundwaters are established as the least of:

(1)           Systemic threshold concentration calculated

as follows: [Reference Dose (mg/kg/day) x 70 kg (adult body weight) x Relative

Source Contribution (.10 for inorganics; .20 for organics)] / [2 liters/day

(avg. water consumption)];

(2)           Concentration which corresponds to an

incremental lifetime cancer risk of 1x10-6;

(3)           Taste threshold limit value;

(4)           Odor threshold limit value;

(5)           Maximum contaminant level; or

(6)           National secondary drinking water standard.

(e)  The following references, in order of preference, shall

be used in establishing concentrations of substances which correspond to levels

described in Paragraph (d) of this Rule.

(1)           Integrated Risk Information System (U.S. EPA).

(2)           Health Advisories (U.S. EPA Office of

Drinking Water).

(3)           Other health risk assessment data published

by the U.S. EPA.

(4)           Other relevant, published health risk

assessment data, and scientifically valid peer-reviewed published toxicological

data.

(f)  The Commission may establish groundwater standards less

stringent than existing maximum contaminant levels or national secondary

drinking water standards if it finds, after public notice and opportunity for

hearing, that:

(1)           more recent data published in the EPA

health references listed in Paragraph (e) of this Rule results in a standard

which is protective of public health, taste threshold, or odor threshold;

(2)           the standard will not endanger the public

health and safety, including health and environmental effects from exposure to

groundwater contaminants; and

(3)           compliance with a standard based on the

maximum contaminant level or national secondary drinking water standard would

produce serious hardship without equal or greater public benefit.

(g)  Groundwater quality standards specified in Paragraphs

(h) and (i) of this Rule and interim maximum allowable concentrations

established pursuant to Paragraph (c) of this Rule shall be reviewed by the

Director on a triennial basis.  Appropriate modifications to established

standards shall be made in accordance with the procedure prescribed in

Paragraph (d) of this Rule where modifications are considered appropriate based

on data published subsequent to the previous review.

(h)  Class GA Standards.  Unless otherwise indicated, the

standard refers to the total concentration in micrograms per liter of any

constituent in a dissolved, colloidal or particulate form which is mobile in

groundwater.  This does not apply to sediment or other particulate matter which

is preserved in a groundwater sample as a result of well construction or

sampling procedures.  The Class GA standards are:

(1)           Acenaphthene:  80;

(2)           Acenaphthylene:  200;

(3)           Acetone:  6 mg/L;

(4)           Acrylamide:  0.008;

(5)           Anthracene:  2 mg/L;

(6)           Arsenic:  10;

(7)           Atrazine and chlorotriazine metabolites: 

3;

(8)           Barium:  700;

(9)           Benzene:  1;

(10)         Benzo(a)anthracene (benz(a)anthracene): 

0.05;

(11)         Benzo(b)fluoranthene:  0.05;

(12)         Benzo(k)fluoranthene:  0.5;

(13)         Benzoic acid:  30 mg/L;

(14)         Benzo(g,h,i,)perylene:  200;

(15)         Benzo(a)pyrene:  0.005;

(16)         Bis(chloroethyl)ether:  0.03;

(17)         Bis(2-ethylhexyl) phthalate

(di(2-ethylhexyl) phthalate):  3;

(18)         Boron:  700;

(19)         Bromodichloromethane:  0.6;

(20)         Bromoform (tribromomethane):  4;

(21)         n-Butylbenzene:  70;

(22)         sec-Butylbenzene:  70;

(23)         tert-Butylbenzene:  70;

(24)         Butylbenzyl phthalate:  1 mg/L;

(25)         Cadmium:  2;

(26)         Caprolactam:  4 mg/L;

(27)         Carbofuran:  40;

(28)         Carbon disulfide:  700;

(29)         Carbon tetrachloride:  0.3;

(30)         Chlordane:  0.1;

(31)         Chloride:  250 mg/L;

(32)         Chlorobenzene:  50;

(33)         Chloroethane:  3,000;

(34)         Chloroform (trichloromethane):  70;

(35)         Chloromethane (methyl chloride):  3;

(36)         2-Chlorophenol:  0.4;

(37)         2-Chlorotoluene (o-chlorotoluene):  100;

(38)         Chromium:  10;

(39)         Chrysene:  5;

(40)         Coliform organisms (total):  1 per 100 mL;

(41)         Color:  15 color units;

(42)         Copper:  1 mg/L;

(43)         Cyanide (free cyanide):  70;

(44)         2, 4-D (2,4-dichlorophenoxy acetic acid): 

70;

(45)         DDD:  0.1;

(46)         DDT:  0.1;

(47)         Dibenz(a,h)anthracene:  0.005;

(48)         Dibromochloromethane:  0.4;

(49)         1,2-Dibromo-3‑chloropropane:  0.04;

(50)         Dibutyl (or di-n-butyl) phthalate:  700;

(51)         1,2-Dichlorobenzene (orthodichlorobenzene): 

20;

(52)         1,3-Dichlorobenzene (metadichlorobenzene): 

200;

(53)         1,4-Dichlorobenzene (paradichlorobenzene): 

6;

(54)         Dichlorodifluoromethane (Freon-12; Halon): 

1 mg/L;

(55)         1,1-Dichloroethane:  6;

(56)         1,2-Dichloroethane (ethylene dichloride): 

0.4;

(57)         1,2-Dichloroethene (cis):  70;

(58)         1,2-Dichloroethene (trans):  100;

(59)         1,1-Dichloroethylene (vinylidene chloride): 

350;

(60)         1,2-Dichloropropane:  0.6;

(61)         1,3-Dichloropropene (cis and trans

isomers):  0.4;

(62)         Dieldrin:  0.002;

(63)         Diethylphthalate:  6 mg/L;

(64)         2,4-Dimethylphenol (m-xylenol):  100;

(65)         Di-n-octyl phthalate:  100;

(66)         1,4-Dioxane (p-dioxane):  3;

(67)         Dioxin (2,3,7,8-TCDD):  0.0002 ng/L;

(68)         1,1– Diphenyl (1,1,-biphenyl):  400;

(69)         Dissolved solids (total):  500 mg/L;

(70)         Disulfoton:  0.3;

(71)         Diundecyl phthalate (Santicizer 711):  100;

(72)         Endosulfan:  40;

(73)         Endrin, total (includes endrin, endrin

aldehyde and endrin ketone):  2;

(74)         Epichlorohydrin:  4;

(75)         Ethyl acetate:  3 mg/L;

(76)         Ethylbenzene:  600;

(77)         Ethylene dibromide (1,2-dibromoethane): 

0.02;

(78)         Ethylene glycol:  10 mg/L;

(79)         Fluoranthene:  300;

(80)         Fluorene:  300;

(81)         Fluoride:  2 mg/L;

(82)         Foaming agents:  500;

(83)         Formaldehyde:  600;

(84)         Gross alpha (adjusted) particle activity

(excluding radium-226 and uranium):  15 pCi/L;

(85)         Heptachlor:  0.008;

(86)         Heptachlor epoxide:  0.004;

(87)         Heptane:  400;

(88)         Hexachlorobenzene (perchlorobenzene):  0.02;



(89)         Hexachlorobutadiene:  0.4;

(90)         Hexachlorocyclohexane isomers (technical

grade):  0.02;

(91)         n-Hexane:  400;

(92)         Indeno(1,2,3-cd)pyrene:  0.05;

(93)         Iron:  300;

(94)         Isophorone:  40;

(95)         Isopropylbenzene:  70;

(96)         Isopropyl ether:  70;

(97)         Lead:  15;

(98)         Lindane (gamma hexachlorocyclohexane): 

0.03;

(99)         Manganese:  50;

(100)      Mercury:  1;

(101)      Methanol:  4 mg/L;

(102)      Methoxychlor:  40;

(103)      Methylene chloride (dichloromethane):  5;

(104)      Methyl ethyl ketone (2-butanone):  4 mg/L;

(105)      2-Methylnaphthalene:  30;

(106)      3-Methylphenol (m-cresol):  400;

(107)      4-Methylphenol (p-cresol):  40;

(108)      Methyl tert‑butyl ether (MTBE):  20;

(109)      Naphthalene:  6;

(110)      Nickel:  100;

(111)      Nitrate (as N): 10 mg/L;

(112)      Nitrite (as N): 1 mg/L;

(113)      N-nitrosodimethylamine:  0.0007;

(114)      Oxamyl:  200;

(115)      Pentachlorophenol:  0.3;

(116)      Petroleum aliphatic carbon fraction class (C5

- C8):  400;

(117)      Petroleum aliphatic carbon fraction class (C9

- C18):  700;

(118)      Petroleum aliphatic carbon fraction class (C19

- C36):  10 mg/L;

(119)      Petroleum aromatics carbon fraction class (C9

- C22):  200;

(120)      pH:  6.5 - 8.5;

(121)      Phenanthrene:  200;

(122)      Phenol:  30;

(123)      Phorate:  1;

(124)      n-Propylbenzene:  70;

(125)      Pyrene:  200;

(126)      Selenium:  20;

(127)      Silver:  20;

(128)      Simazine:  4;

(129)      Styrene:  70;

(130)      Sulfate:  250 mg/L;

(131)      1,1,2,2-Tetrachloroethane:  0.2;

(132)      Tetrachloroethylene (perchloroethylene; PCE): 

0.7;

(133)      2,3,4,6-Tetrachlorophenol:  200;

(134)      Toluene:  600;

(135)      Toxaphene:  0.03;

(136)      2,4,5-TP (Silvex):  50;

(137)      1,2,4-Trichlorobenzene:  70;

(138)      1,1,1‑Trichloroethane:  200;

(139)      Trichloroethylene (TCE):  3;

(140)      Trichlorofluoromethane:  2 mg/L;

(141)      1,2,3-Trichloropropane:  0.005;

(142)      1,2,4-Trimethylbenzene:  400;

(143)      1,3,5-Trimethylbenzene:  400;

(144)      1,1,2-Trichloro-1,2,2-trifluoroethane

(CFC-113):  200 mg/L;

(145)      Vinyl chloride:  0.03;

(146)      Xylenes (o-, m-, and p-):  500; and

(147)      Zinc:  1 mg/L.

(i)  Class GSA Standards.  The standards for this class are

the same as those for Class GA except as follows:

(1)           chloride: allowable increase not to exceed

100 percent of the natural quality concentration; and

(2)           dissolved solids (total): 1000 mg/L.

(j)  Class GC Standards.

(1)           The concentrations of substances that, at

the time of classification, exceed the standards applicable to Class GA or GSA

groundwaters shall not be caused to increase, nor shall the concentrations of

other substances be caused to exceed the GA or GSA standards as a result of

further disposal of contaminants to or beneath the surface of the land within

the boundary of the area classified GC.

(2)           The concentrations of substances that, at

the time of classification, exceed the standards applicable to GA or GSA

groundwaters shall not be caused to migrate as a result of activities within

the boundary of the GC classification, so as to violate the groundwater or

surface water quality standards in adjoining waters of a different class.

(3)           Concentrations of specific substances, that

exceed the established standard at the time of classification, are listed in

Section .0300 of this Subchapter.

 

History Note:        Authority G.S. 143-214.1; 143B-282(a)(2);

Eff. June 10, 1979;

Amended Eff. November 1, 1994; October 1, 1993; September

1, 1992; August 1, 1989;

Temporary Amendment Eff. June 30, 2002;

Amended Eff. August 1, 2002;

Temporary Amendment Expired February 9, 2003;

Amended Eff. April 1, 2013; January 1, 2010; April 1,

2005.

 

SECTION .0300 ‑ ASSIGNMENT OF UNDERGROUND WATER

CLASSIFICATIONS

 

15A NCAC 02L .0301       CLASSIFICATIONS: GENERAL

(a)  Schedule of Classifications.  The classifications are

based on the quality, occurrence and existing or contemplated best usage of the

groundwaters as established in Section .0200 of this Subchapter and are

assigned statewide except where supplemented or supplanted by specific

classification assignments by major river basins.

(b)  Classifications and Water Quality Standards.  The

classifications and standards assigned to the groundwaters are denoted by the

letters GA, GSA, or GC.  These classifications refer to the classifications and

standards established by Rule .0201 of this Subchapter.

 

History Note:        Authority G.S. 143‑214.1; 143B‑282(2);

Eff. December 30, 1983;

Amended Eff. August 1, 1989.

 

 

 

15A NCAC 02L .0302       STATEWIDE

The classifications assigned to the groundwaters located

within the boundaries or under the extraterritorial jurisdiction of the State

of North Carolina are:

(1)           Class GA Waters.  Those groundwaters in the state

naturally containing 250 mg/l or less of chloride are classified GA.

(2)           Class GSA Waters.  Those groundwaters in the state

naturally containing greater than 250 mg/l chloride are classified GSA.

(3)           Class GC Waters.  Those groundwaters assigned the

classification GC in Rules .0303 ‑ .0318 of this Section.

 

History Note:        Authority G.S. 143‑214.1; 143B‑282(2);

Eff. December 30, 1983;

Amended Eff. August 1, 1989.

 

 

 

15A NCAC 02L .0303       BROAD RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0304       CAPE FEAR RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0305       CATAWBA RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0306       CHOWAN RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0307       FRENCH BROAD RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0308       HIWASSEE RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0309       LITTLE TENNESSEE RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0310       SAVANNAH RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0311       LUMBER RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0312       NEUSE RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0313       NEW‑WATAUGA RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0314       PASQUOTANK RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0315       ROANOKE RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0316       TAR PAMLICO RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0317       WHITE OAK RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0318       YADKIN‑PEE DEE RIVER BASIN

No classification assignments other than those specified in

Rule .0302 are made for the river basin.

 

History Note:        Authority G.S. 143‑214.1;

Eff. December 30, 1983.

 

 

 

15A NCAC 02L .0319       RECLASSIFICATION

The groundwater classifications as assigned may be revised

by the Commission following public notice and subsequent public hearing. 

Changes may be to a higher or lower classification.  Reclassification requests

may be submitted to the Director.

 

History Note:        Authority G.S. 143‑214.1; 143‑215.3(e);

143B‑282(2);

Eff. December 30, 1983;

Amended Eff. August 1, 1989.

 

 

 

 

section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION

FOR PETROLEUM UNDERGROUND STORAGE TANKS

 

15A NCAC 02L .0401       Purpose and scope

(a)  The purpose of this Section is to establish procedures

for risk-based assessment and corrective action sufficient to:

(1)           protect human health and the environment;

(2)           abate and control contamination of the

waters of the State as deemed necessary to protect human health and the

environment;

(3)           permit management of the State's

groundwaters to protect their designated current usage and potential future

uses;

(4)           provide for anticipated future uses of the

State's groundwater;

(5)           recognize the diversity of contaminants,

the State's geology and the characteristics of each individual site; and

(6)           accomplish these goals in a cost-efficient

manner to assure the best use of the limited resources available to address

groundwater pollution within the State.

(b)  The applicable portions of Section .0100 not

specifically excluded apply to this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(a);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0402       Definitions

The definitions as set out in 15A NCAC 02L .0102 apply to

this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Eff. December 1, 2005.

 

15A NCAC 02L .0403       Rule application

This Section applies to any discharge or release from a

"commercial underground storage tank" or a "noncommercial

underground storage tank," as those terms are defined in G.S. 143-215.94A,

which is reported on or after the effective date of this Section.  This Section

shall apply to any discharge or release from a "commercial underground

storage tank" or a "noncommercial underground storage tank," as

those terms are defined in G.S. 143-215.94A which is reported before the effective

date of this Section as provided in 15A NCAC 02L .0416 of this Section.  The

requirements of this Section shall apply to the owner and operator of the

underground storage tank from which the discharge or release occurred, a

landowner seeking reimbursement from the Commercial Leaking Underground Storage

Tank Fund or the Noncommercial Leaking Underground Storage Tank Fund under G.S.

143-215.94E, and any other person responsible for the assessment or cleanup of

a discharge or release from an underground storage tank, including any person

who has conducted or controlled an activity which results in the discharge or

release of petroleum or petroleum products as defined in G.S. 143-215.94A(10)

to the groundwaters of the State, or in proximity thereto; these persons shall

be collectively referred to for purposes of this Section as the

"responsible party."  This Section shall be applied in a manner

consistent with the rules found in 15A NCAC 2N in order to assure that the

State's requirements regarding assessment and cleanup from underground storage

tanks are no less stringent than Federal requirements.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(b);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0404       Required initial abatement actions by

responsible party

A responsible party shall:

(1)           take immediate action to prevent any further

discharge or release of petroleum from the underground storage tank; identify

and mitigate any fire, explosion or vapor hazard; remove any free product; and

comply with the requirements of Rules .0601 through .0604 and .0701 through

.0703 and .0705 of Subchapter 02N;

(2)           incorporate the requirements of 15A NCAC 02N .0704

into the submittal required under Item (3) of this Paragraph or the limited

site assessment report required under 15A NCAC 02L .0405 of this Section,

whichever is applicable.  Such submittals shall constitute compliance with the

reporting requirements of 15A NCAC 02N .0704(b);

(3)           submit within 90 days of the discovery of the

discharge or release a soil contamination report containing information

sufficient to show that remaining unsaturated soil in the side walls and at the

base of the excavation does not contain contaminant levels which exceed either

the "soil-to-groundwater" or the residential maximum soil contaminant

concentrations established by the Department pursuant to 15A NCAC 02L .0411 of

this Section, whichever is lower.  If such showing is made, the discharge or

release shall be classified as low risk by the Department;

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(c)(1)-(3);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0405       Requirements for limited site assessment

If the required showing cannot be made under 15A NCAC 02L

.0404 of this Section, submit within 120 days of the discovery of the discharge

or release, or within such other greater time limit approved by the Department,

a report containing information needed by the Department to classify the level

of risk to human health and the environment posed by a discharge or release

under 15A NCAC 02L .0406 of this Section.  Such report shall include, at a

minimum:

(1)           a location map, based on a USGS topographic map,

showing the radius of 1500 feet from the source area of a confirmed release or

discharge and depicting all water supply wells and, surface waters and

designated wellhead protection areas as defined in 42 U.S.C. 300h-7(e) within

the 1500-foot radius.  For purposes of this Section, source area means point of

release or discharge from the underground storage tank system;

(2)           a determination of whether the source area of the

discharge or release is within a designated wellhead protection area as defined

in 42 U.S.C. 300h-7(e);

(3)           if the discharge or release is in the Coastal Plain

physiographic region as designated on a map entitled "Geology of North

Carolina" published by the Department in 1985, a determination of whether

the source area of the discharge or release is located in an area in which

there is recharge to an unconfined or semi-confined deeper aquifer which is

being used or may be used as a source of drinking water;

(4)           a determination of whether vapors from the

discharge or release pose a threat of explosion due to the accumulation of

vapors in a confined space or pose any other serious threat to public health,

public safety or the environment;

(5)           scaled site map(s) showing the location of the

following which are on or adjacent to the property where the source is

located:  site boundaries, roads, buildings, basements, floor and storm drains,

subsurface utilities, septic tanks and leach fields, underground storage tank

systems, monitoring wells, borings and the sampling points;

(6)           the results from a limited site assessment which

shall include:

(a)           the analytical results from soil samples

collected during the construction of a monitoring well installed in the source

area of each confirmed discharge or release from a noncommercial or commercial

underground storage tank and either the analytical results of a groundwater

sample collected from the well or, if free product is present in the well, the

amount of free product in the well.  The soil samples shall be collected every

five feet in the unsaturated zone unless a water table is encountered at or

greater than a depth of 25 feet from land surface in which case soil samples

shall be collected every 10 feet in the unsaturated zone.  The soil samples

shall be collected from suspected worst-case locations exhibiting visible

contamination or elevated levels of volatile organic compounds in the borehole;



(b)           if any constituent in the groundwater sample

from the source area monitoring well installed in accordance with Sub-item (a)

of this Item, for a site meeting the high risk classification in 15A NCAC 02L

.0406(1), exceeds the standards or interim standards established in 15A NCAC

02L .0202 by a factor of 10 and is a discharge or release from a commercial

underground storage tank, the analytical results from a groundwater sample

collected from each of three additional monitoring wells or, if free product is

present in any of the wells, the amount of free product in such well.  The

three additional monitoring wells shall be installed as follows: as best as can

be determined, one upgradient of the source of contamination and two

downgradient of the source of contamination.  The monitoring wells installed

upgradient and downgradient of the source of contamination must be located such

that groundwater flow direction can be determined; and

(c)           potentiometric data from all required wells;

(7)           the availability of public water supplies and the

identification of properties served by the public water supplies within 1500

feet of the source area of a confirmed discharge or release;

(8)           the land use, including zoning if applicable,

within 1500 feet of the source area of a confirmed discharge or release;

(9)           a discussion of site specific conditions or

possible actions which could result in lowering the risk classification

assigned to the release.  Such discussion shall be based on information known

or required to be obtained under this Paragraph; and

(10)         names and current addresses of all owners and

operators of the underground storage tank systems for which a discharge or

release is confirmed, the owner(s) of the land upon which such systems are

located, and all potentially affected real property owners.  When considering a

request from a responsible party for additional time to submit the report, the

Division shall consider the extent to which the request for additional time is

due to factors outside of the control of the responsible party, the previous

history of the person submitting the report in complying with deadlines

established under the Commission's rules, the technical complications

associated with assessing the extent of contamination at the site or

identifying potential receptors, and the necessity for immediate action to

eliminate an imminent threat to public health or the environment.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(c)(4);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0406       Discharge or release classifications

The Department shall classify the risk of each known

discharge or release as high, intermediate or low risk unless the discharge or

release  has been classified under 15A NCAC 02L .0404(3) of this Section.  For

purposes of this Section:

(1)           "High risk" means that:

(a)           a water supply well, including one used for

non-drinking purposes, has been contaminated by the release or discharge;

(b)           a water supply well used for drinking water

is located within 1000 feet of the source area of a confirmed discharge or

release;

(c)           a water supply well not used for drinking

water is located within 250 feet of the source area of a confirmed discharge or

release;

(d)           the groundwater within 500 feet of the

source area of a confirmed discharge or release has the potential for future

use in that there is no source of water supply other than the groundwater;

(e)           the vapors from the discharge or release

pose a serious threat of explosion due to accumulation of the vapors in a

confined space; or

(f)            the discharge or release poses an imminent

danger to public health, public safety, or the environment.

(2)           "Intermediate risk" means that:

(a)           surface water is located within 500 feet of

the source area of a confirmed discharge or release and the maximum groundwater

contaminant concentration exceeds the applicable surface water quality

standards and criteria found in 15A NCAC 02B .0200 by a factor of 10;

(b)           in the Coastal Plain physiographic region as

designated on a map entitled "Geology of North Carolina" published by

the Department in 1985, the source area of a confirmed discharge or release is

located in an area in which there is recharge to an unconfined or semi-confined

deeper aquifer which the Department determines is being used or may be used as

a source of drinking water;

(c)           the source area of a confirmed discharge or

release is within a designated wellhead protection area, as defined in 42

U.S.C. 300h-7(e);

(d)           the levels of groundwater contamination for

any contaminant except ethylene dibromide, benzene and alkane and aromatic

carbon fraction classes exceed 50 percent of the solubility of the contaminant

at 25 degrees Celsius or 1,000 times the groundwater standard or interim

standard established in 15A NCAC 02L .0202, whichever is lower; or

(e)           the levels of groundwater contamination for

ethylene dibromide and benzene exceed 1,000 times the federal drinking water

standard set out in 40 CFR 141.

(3)           "Low risk" means that:

(a)           the risk posed does not fall within the high

or intermediate risk categories; or

(b)           based on review of site-specific

information, limited assessment or interim corrective actions, the Department

determines that the discharge or release poses no significant risk to human

health or the environment.

If the criteria for more than one risk category applies, the

discharge or release shall be classified at the highest risk level identified

in 15A NCAC 02L .0407 of this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(d);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0407       Reclassification of risk levels

(a) The Department may reclassify the risk posed by a

release if warranted by further information concerning the potential exposure

of receptors to the discharge or release or upon receipt of new information

concerning changed conditions at the site.  After initial classification of the

discharge or release, the Department may require limited assessment, interim

corrective action, or other actions which the Department believes will result

in a lower risk classification.  It shall be a continuing obligation of each

responsible party to notify the Department of any changes that might affect the

level of risk assigned to a discharge or release by the Department if the

change is known or should be known by the responsible party.  Such changes

shall include, but shall not be limited to, changes in zoning of real property,

use of real property or the use of groundwater that has been contaminated or is

expected to be contaminated by the discharge or release, if such change could

cause the Department to reclassify the risk.

(b) If the risk posed by a discharge or release is

determined by the Department to be high risk, the responsible party shall

comply with the assessment and cleanup requirements of Rule .0106(c), (g) and

(h) of this Subchapter and 15A NCAC 02N .0706 and .0707.  The goal of any

required corrective action for groundwater contamination shall be restoration

to the level of the groundwater standards set forth in 15A NCAC 02L .0202, or

as closely thereto as is economically and technologically feasible.  In any

corrective action plan submitted pursuant to this Paragraph, natural

attenuation shall be used to the maximum extent possible.  If the responsible

party demonstrates that natural attenuation prevents the further migration of

the plume, the Department may approve a groundwater monitoring plan.

(c)If the risk posed by a discharge or release is determined

by the Department to be an intermediate risk, the responsible party shall

comply with the assessment requirements of 15A NCAC 02L .0106(c) and (g) and

15A NCAC 02N .0706.  As part of the comprehensive site assessment, the

responsible party shall evaluate, based on site specific conditions, whether

the release poses a significant risk to human health or the environment.  If

the Department determines, based on the site-specific conditions, that the

discharge or release does not pose a significant threat to human health or the

environment, the site shall be reclassified as a low risk site.  If the site is

not reclassified, the responsible party shall, at the direction of the

Department, submit a groundwater monitoring plan or a corrective action plan,

or a combination thereof, meeting the cleanup standards of this Paragraph and

containing the information required in 15A NCAC 02L .0106(h) and 15A NCAC 02N

.0707.  Discharges or releases which are classified as intermediate risk shall

be remediated, at a minimum, to a cleanup level of 50 percent of the solubility

of the contaminant at 25 degrees Celsius or 1,000 times the groundwater

standard or interim standard established in 15A NCAC 02L .0202, whichever is

lower for any groundwater contaminant except ethylene dibromide, benzene and

alkane and aromatic carbon fraction classes.  Ethylene dibromide and benzene

shall be remediated to a cleanup level of 1,000 times the federal drinking

water standard set out in 40 CFR 141.  Additionally, if a corrective action

plan or groundwater monitoring plan is required under this Paragraph, the

responsible party shall demonstrate that the groundwater cleanup levels are

sufficient to prevent a violation of:

(1)           the rules contained in 15A NCAC 02B;

(2)           the standards contained in 15A NCAC 02L

.0202  in a deep aquifer as described in 15A NCAC 02L .0406(2)(b) of this

Section; and

(3)           the standards contained in 15A NCAC 02L

.0202 at a location no closer than one year time of travel upgradient of a well

within a designated wellhead protection area, based on travel time and the

natural attenuation capacity of the subsurface materials or on a physical

barrier to groundwater migration that exists or will be installed by the person

making the request.

In any corrective action plan submitted pursuant to this

Paragraph, natural attenuation shall be used to the maximum extent possible.

(d) If the risk posed by a discharge or release is

determined by the Department to be a low risk, the Department shall notify the

responsible party that no cleanup, no further cleanup or no further action will

be required by the Department unless the Department later determines that the

discharge or release poses an unacceptable risk or a potentially unacceptable

risk to human health or the environment.  No notification will be issued

pursuant to this Paragraph, however, until the responsible party has completed

soil remediation pursuant to 15A NCAC 02L .0408 of this Section except as

provided in 15A NCAC 02L .0416 of this Section or as closely thereto as

economically or technologically feasible.  The issuance by the Department of a

notification under this Paragraph shall not affect any private right of action

by any party which may be affected by the contamination.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(e)-(h);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0408       ASSESSMENT AND remediation procedures

Assessment and remediation of soil contamination shall be

addressed as follows:

(1)           At the time that the Department determines the risk

posed by the discharge or release, the Department shall also determine, based

on site-specific information, whether the site is "residential" or

"industrial/commercial."  For purposes of this Section, a site is

presumed residential, but may be classified as industrial/commercial if the

Department determines based on site-specific information that exposure to the

soil contamination is limited in time due to the use of the site and does not

involve exposure to children.  For purposes of this Paragraph, "site"

means both the property upon which the discharge or release has occurred and

any property upon which soil has been affected by the discharge or release.

(2)           The responsible party shall submit a report to the

Department assessing the vertical and horizontal extent of soil contamination.

(3)           For a discharge or release classified by the

Department as low risk, the responsible party shall submit a report

demonstrating that soil contamination has been remediated to either the

residential or industrial/commercial maximum soil contaminant concentration

established by the Department pursuant to 15A NCAC 02L .0411 of this Section,

whichever is applicable.

(4)           For a discharge or release classified by the

Department as high or intermediate risk, the responsible party shall submit a

report demonstrating that soil contamination has been remediated to the lower

of:

(a)           the residential or industrial/commercial

maximum soil contaminant concentration, whichever is applicable, that has been

established by the Department pursuant to 15A NCAC 02L .0411 of this Section;

or

(b)           the "soil-to-groundwater" maximum

soil contaminant concentration that has been established by the Department

pursuant to 15A NCAC 02L .0411 of this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(i);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0409       notification requirements

(a)  A responsible party who submits a corrective action

plan which proposes natural attenuation or to cleanup groundwater contamination

to a standard other than a standard or interim standard established in 15A NCAC

02L .0202, or to cleanup soil other than to the standard for residential use or

soil-to-groundwater contaminant concentration established pursuant to this

Section, whichever is lowest, shall give notice to: the local Health Director

and the chief administrative officer of each political jurisdiction in which

the contamination occurs; all property owners and occupants within or

contiguous to the area containing the contamination; and all property owners

and occupants within or contiguous to the area where the contamination is

expected to migrate. Such notice shall describe the nature of the plan and the

reasons supporting it.  Notification shall be made by certified mail concurrent

with the submittal of the corrective action plan.  Approval of the corrective

action plan by the Department shall be postponed for a period of 30 days

following receipt of the request so that the Department may consider comments

submitted.  The responsible party shall, within a time frame determined by the

Department to be sufficient, provide the Department with a copy of the notice

and proof of receipt of each required notice, or of refusal by the addressee to

accept delivery of a required notice. If notice by certified mail to occupants

under this Paragraph is impractical, the responsible party may give notice by

posting such notice prominently in a manner designed to give actual notice to

the occupants.  If notice is made to occupants by posting, the responsible

party shall provide the Department with a copy of the posted notice and a

description of the manner in which such posted notice was given.

(b)  A responsible party who receives a notice pursuant to

15A NCAC 02L .0407(d) of this Section for a discharge or release which has not

been remediated to the groundwater standards or interim standards established

in Rule .0202 of this Subchapter or to the lower of the residential or

soil-to-groundwater contaminant concentrations established under 15A NCAC 02L

.0411 of this Section, shall, within 30 days of the receipt of such notice,

provide a copy of the notice to: the local Health Director and the chief

administrative officer of each political jurisdiction in which the

contamination occurs; all property owners and occupants within or contiguous to

the area containing contamination; and all property owners and occupants within

or contiguous to the area where the contamination is expected to migrate. 

Notification shall be made by certified mail.  The responsible party shall,

within a time frame determined by the Department, provide the Department with

proof of receipt of the copy of the notice, or of refusal by the addressee to

accept delivery of the copy of the notice. If notice by certified mail to

occupants under this Paragraph is impractical, the responsible party may give

notice by posting a copy of the notice prominently in a manner designed to give

actual notice to the occupants.  If notice is made to occupants by posting, the

responsible party shall provide the Department with a description of the manner

in which such posted notice was given.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(j) and (k);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0410       departmental listing of discharges or

releases

To the extent feasible, the Department shall maintain in

each of the Department's regional offices a list of all petroleum underground

storage tank discharges or releases discovered and reported to the Department

within the region on or after the effective date of this Section and all

petroleum underground storage tank discharges or releases for which

notification was issued under 15A NCAC 02L .0407(d) of this Section by the

Department on or after the effective date of this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(l);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0411       establishing maximum soil contamination

concentrations

The Department shall publish, and annually revise, maximum

soil contaminant concentrations to be used as soil cleanup levels for

contamination from petroleum underground storage tank systems.  The Department

shall establish maximum soil contaminant concentrations for residential,

industrial/commercial and soil-to-groundwater exposures as follows:

(1)           The following equations and references shall be

used in establishing residential maximum soil contaminant concentrations. 

Equation 1 shall be used for each contaminant with an EPA carcinogenic

classification of A, B1, B2, C, D or E.  Equation 2 shall be used for each

contaminant with an EPA carcinogenic classification of A, B1, B2 or C.  The

maximum soil contaminant concentration shall be the lower of the concentrations

derived from Equations 1 and 2.

(a)           Equation 1:           Non-cancer Risk-based

Residential Ingestion Concentration

Soil mg/kg =[0.2 x oral chronic

reference dose x body weight, age 1 to 6 x averaging time noncarcinogens] /

[exposure frequency x exposure duration, age 1 to 6 x (soil ingestion rate, age

1 to 6 / 106 mg/kg)].

(b)           Equation 2:           Cancer Risk-based

Residential Ingestion Concentration

Soil mg/kg =[target cancer risk of

10-6  x averaging time carcinogens] / [exposure frequency x (soil

ingestion factor, age adjusted / 106mg/kg) x oral cancer slope

factor].  The age adjusted soil ingestion factor shall be calculated by:

[(exposure duration, age 1 to 6 x soil ingestion rate, age 1 to 6) /( body

weight, age 1 to 6)] + [((exposure duration, total - exposure duration, age 1

to 6) x soil ingestion, adult) / (body weight, adult)].

(c)           The exposure factors selected in calculating

the residential maximum soil contaminant concentrations shall be within the

recommended ranges specified in the following references or the most recent

version of these references:

(i)            EPA, 1990.  Exposure Factors Handbook;

(ii)           EPA, 1991.  Risk Assessment Guidance for

Superfund: Volume I Human Health Evaluation Manual (Part B, Development of Risk

Based Preliminary Remediation Goals);

(iii)          EPA Region III. Risk-based Concentration

Tables (RBC Tables). Office of RCRA, Technical and Program Support Branch.

Available at: http://www.epa.gov/reg3hwmd/index.html; and

(iv)          EPA, 1995.  Supplemental Guidance to RAGS:

Region 4 Bulletins Human Health Risk Assessment, including future amendments.

(d)           The following references or the most recent

version of these references, in order of preference, shall be used to obtain

oral chronic reference doses and oral cancer slope factors:

(i)            EPA. Integrated Risk Information System

(IRIS) Computer Database;

(ii)           EPA. Health Effects Assessment Summary

Tables (HEAST);

(iii)          EPA Region III. Risk-based Concentration

Tables (RBC Tables). Office of RCRA, Technical and Program Support Branch.

Available at: http://www.epa.gov/reg3hwmd/index.html;

(iv)          EPA, 1995.  Supplemental Guidance to RAGS:

Region 4 Bulletins Human Health Risk Assessment, including future amendments;

and

(v)           Other appropriate, published health risk

assessment data, and scientifically valid peer-reviewed published toxicological

data.

(2)           The following equations and references shall be

used in establishing industrial/commercial maximum soil contaminant

concentrations.  Equation 1 shall be used for each contaminant with an EPA

carcinogenic classification of A, B1, B2, C, D or E.  Equation 2 shall be used

for each contaminant with an EPA carcinogenic classification of A, B1, B2 or

C.  The maximum soil contaminant concentration shall be the lower of the

concentrations derived from Equations 1 and 2.

(a)           Equation 1:           Non-cancer Risk-based

Industrial/Commercial Ingestion Concentration

Soil mg/kg =[0.2 x oral chronic

reference dose x body weight, adult x averaging time noncarcinogens] /

[exposure frequency x exposure duration, adult x (soil ingestion rate, adult /

106 mg/kg) x fraction of contaminated soil ingested].

(b)           Equation 2:           Cancer Risk-based

Industrial/Commercial Ingestion Concentration

Soil mg/kg =[target cancer risk of

10-6 x body weight, adult x averaging time carcinogens] / [exposure

frequency x exposure duration, adult x  (soil ingestion rate, adult / 106

mg/kg) x fraction of contaminated soil ingested x oral cancer slope factor].

(c)           The exposure factors selected in calculating

the industrial/commercial maximum soil contaminant concentrations shall be

within the recommended ranges specified in the following references or the most

recent version of these references:

(i)            EPA, 1990.  Exposure Factors Handbook;

(ii)           EPA, 1991.  Risk Assessment Guidance for

Superfund: Volume I Human Health Evaluation Manual (Part B, Development of Risk

Based Preliminary Remediation Goals);

(iii)          EPA Region III. Risk-based Concentration

Tables (RBC Tables). Office of RCRA, Technical and Program Support Branch.

Available at: http://www.epa.gov/reg3hwmd/index.html; and

(iv)          EPA, 1995.  Supplemental Guidance to RAGS:

Region 4 Bulletins Human Health Risk Assessment, including future amendments.

(d)           The following references or the most recent

version of these references, in order of preference, shall be used to obtain

oral chronic reference doses and oral cancer slope factors:

(i)            EPA. Integrated Risk Information System

(IRIS) Computer Database;

(ii)           EPA. Health Effects Assessment Summary

Tables (HEAST);

(iii)          EPA Region III. Risk-based Concentration

Tables (RBC Tables). Office of RCRA, Technical and Program Support Branch.

Available at http://www.epa.gov/reg3hwmd/index.html;

(iv)          EPA, 1995.  Supplemental Guidance to RAGS:

Region 4 Bulletins Human Health Risk Assessment, including future amendments;

and

(v)           Other appropriate, published health risk

assessment data, and scientifically valid peer-reviewed published toxicological

data.

(3)           The following equations and references shall be

used in establishing the soil-to-groundwater maximum contaminant

concentrations:

(a)           Organic Constituents:

Soil mg/kg = groundwater standard

or interim standard x [(.02 x soil organic carbon-water partition coefficient)

+ 4 + (1.733 x 41 x Henry's Law Constant (atm.-m3/mole))].

(i)            If no groundwater standard or interim

standard has been established under Rule .0202 of this Subchapter, the

practical quantitation limit shall be used in lieu of a standard to calculate

the soil-to-groundwater maximum contaminant concentrations.

(ii)           The following references or the most recent

version of these references, in order of preference, shall be used to obtain

soil organic carbon-water partition coefficients and Henry's Law Constants:

(A)          EPA, 1996. Soil Screening Guidance: Technical

Background Document. (EPA/540/R95/128);

(B)          EPA, 1986. Superfund Public Health Evaluation

Manual.  Office of Emergency and Remedial Response (EPA/540/1-86/060);

(C)          Agency for Toxic Substances and Disease

Registry, "Toxicological Profile for [individual chemical]."  U.S. Public Health Service;

(D)          Montgomery, J.H., 1996.  Groundwater

Chemicals Desk Reference.  CRC Press, Inc;

(E)           Sims, R.C., J.L. Sims and S.G. Hansen,

1991.  Soil Transport and Fate Database, Version 2.0. EPA Robert S. Kerr Environmental Laboratory; and

(F)           Other appropriate, published, peer-reviewed

and scientifically valid data.

(b)           Inorganic Constituents:

Soil mg/kg = groundwater standard

or interim standard x [(20 x soil-water partition coefficient for pH of 5.5) +

4 + (1.733 x 41 x Henry's Law Constant (atm.-m3/mole))].

(i)            If no groundwater standard or interim

standard has been established under Rule .0202 of this Subchapter, the

practical quantitation limit shall be used in lieu of a standard to calculate

the soil-to-groundwater maximum contaminant concentrations.

(ii)           The following references or the most recent

version of these references, in order of preference, shall be used to obtain

soil-water partition coefficients and Henry's Law Constants:

(A)          EPA, 1996. Soil Screening Guidance: Technical

Background Document.  (EPA/540/R95/128);

(B)          Baes, C.F., III, R.D. Sharp, A.L. Sjoreen,

and R.W. Shor, 1984.  A Review and Analysis of Parameters for Assessing

Transport of Environmentally Released Radionuclides Through Agriculture.  Oak Ridge National Laboratory;

(C)          Agency for Toxic Substances and Disease

Registry, "Toxicological Profile for [individual chemical]."  U.S. Public Health Service;

(D)          Sims, R.C., J.L. Sims and S.G. Hansen, 1991. 

Soil Transport and Fate Database, Version 2.0. EPA Robert S. Kerr Environmental

Laboratory; and

(E)           Other appropriate, published, peer-reviewed

and scientifically valid data.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(m);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0412       analytical procedures for soil samples

(a)  Analytical procedures for soil samples required under

this Section, except as provided in 15A NCAC 02L .0417 of this Section, shall

be methods accepted by the US EPA as suitable for determining the presence and

concentration of petroleum hydrocarbons for the type of petroleum released. 

(b)  A sufficient number of soil samples collected,

including the most contaminated sample, shall be analyzed as follows in order

to determine the risks of the constituents of contamination:

(1)           soil samples collected from a discharge or

release of low boiling point fuels, including, but not limited to gasoline,

aviation gasoline and gasohol, shall be analyzed for volatile organic compounds

and additives using EPA Method 8260, including isopropyl ether and methyl

tertiary butyl ether;

(2)           soil samples collected from a discharge or

release of high boiling point fuels, including, but not limited to, kerosene,

diesel, varsol, mineral spirits, naphtha, jet fuels and fuel oil no. 2, shall

be analyzed for volatile organic compounds using EPA Method 8260 and

semivolatile organic compounds using EPA Method 8270;

(3)           soil samples collected from a discharge or

release of heavy fuels shall be analyzed for semivolatile organic compounds

using EPA Method 8270;

(4)           soil samples collected from a discharge or

release of used and waste oil shall be analyzed for volatile organic compounds 

using EPA Method 8260, semivolatile organic compounds using EPA Method 8270,

polychlorinated biphenyls using EPA Method 8080, and chromium and lead, using

procedures specified in Subparagraph (6) of this Paragraph;

(5)           soil samples collected from any discharge

or release subject to this Section shall be analyzed for alkane and aromatic

carbon fraction classes using methods approved by the Director under Rule 2H

.0805(a)(1) of this Chapter;

(6)           analytical methods specified in

Subparagraphs (1), (2), (3), and (4) of this Paragraph shall be performed as

specified in the following references or the most recent version of these

references: Test Methods for Evaluating Solid Wastes:Physical/Chemical Methods,

November 1990, U.S. Environmental Protection Agency publication number SW-846;

or in accordance with other methods or procedures approved by the Director

under 15A NCAC 2H.0805(a)(1);

(7)           other EPA-approved analytical methods may

be used if the methods include the same constituents as the analytical methods

specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph and meet

the detection limits of the analytical methods specified in Subparagraphs (1),

(2), (3), and (4) of this Paragraph; and

(8)           metals and acid extractable organic

compounds shall be eliminated from analyses of soil samples collected pursuant

to this Section if these compounds are not detected in soil samples collected

during the construction of the source area monitoring well required under 15A

NCAC 02L .0405 of this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(n);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0413       analytical procedures for groundwater

samples

(a)  Analytical procedures for groundwater samples required

under this Section shall be methods accepted by the US EPA as suitable for

determining the presence and concentration of petroleum hydrocarbons for the

type of petroleum released.

(b)  A sufficient number of groundwater samples, including

the most contaminated sample, shall be analyzed as follows in order to

determine the risks of the constituents of contamination:

(1)           groundwater samples collected from a

discharge or release of low boiling point fuels, including, but not limited to,

gasoline, aviation gasoline and gasohol, shall be analyzed for volatile organic

compounds using Standard Method 6210D or EPA Methods 601 and 602, including

xylenes, isopropyl ether and methyl tertiary butyl ether.  Samples shall also

be analyzed for ethylene dibromide using EPA Method 504.1 and lead using

Standard Method 3030C preparation.  3030C metals preparation, using a 0.45

micron filter, must be completed within 72 hours of sample collection;

(2)           groundwater samples collected from a

discharge or release of high boiling point fuels, including, but not limited

to, kerosene, diesel, varsol, mineral spirits, naphtha, jet fuels and fuel oil

no. 2, shall be analyzed for volatile organic compounds using EPA Method 602 and

semivolatile organic compounds plus the 10 largest non-target peaks identified

using EPA Method 625;

(3)           groundwater samples collected from a

discharge or release of heavy fuels shall be analyzed for semivolatile organic

compounds plus the 10 largest non-target peaks identified using EPA Method 625;

(4)           groundwater samples collected from a

discharge or release of used or waste oil shall be analyzed for volatile

organic compounds using Standard Method 6210D, semivolatile organic compounds

plus the 10 largest non-target peaks identified using EPA Method 625, and

chromium and lead using Standard Method 3030C preparation.  3030C metals

preparation, using a 0.45 micron filter, must be completed within 72 hours of

sample collection;

(5)           groundwater samples collected from any

discharge or release subject to this Section shall be analyzed for alkane and

aromatic carbon fraction classes using methods approved by the Director under

Rule 2H .0805(a)(1) of this Chapter;

(6)           analytical methods specified in

Subparagraphs (1), (2), (3) and (4) of this Paragraph shall be performed as

specified in the following references or the most recent version of these

references: Test Procedures for the Analysis of Pollutants under the Clean

Water Act, Federal Register Vol. 49 No. 209, 40 CFR Part 136, October 26, 1984;

Standard Methods for the Examination of Water and Wastewater, published jointly

by American Public Health Association, American Water Works Association and

Water Pollution Control Federation; Methods for Determination of Organic

Compounds in Drinking Water, U.S. Environmental Protection Agency publication

number EPA-600/4-79-020; or in accordance with other methods or procedures

approved by the Director under 15A NCAC 2H .0805(a)(1);

(7)           other EPA-approved analytical methods may

be used if the methods include the same constituents as the analytical methods

specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph and meet

the detection limits of the analytical methods specified in Subparagraphs (1),

(2), (3), and (4) of this Paragraph; and

(8)           metals and acid extractable organic

compounds shall be eliminated from analyses of groundwater samples collected

pursuant to this Section if these compounds are not detected in the groundwater

sample collected from the source area monitoring well installed pursuant to 15A

NCAC 02L .0405 of this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(o);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0414       Required laboratory certification

In accordance with 15A NCAC 02H .0804, laboratories are

required to obtain North Carolina Division of Water Quality laboratory

certification for parameters that are required to be reported to the State in

compliance with the State's surface water, groundwater and pretreatment rules.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(p);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0415       discharges or releases from other

sources

This Section shall not relieve any person responsible for

assessment or cleanup of contamination from a source other than a commercial or

noncommercial underground storage tank from its obligation to assess and clean

up contamination resulting from such discharge or releases.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(q);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0416       Eligibility of sites to continue

remediation under rules existing before the effective date of 15A NCAC 02L

.0115

If the risk posed by the discharge or release has been

classified by the Department as Class AB under S.L. 1995-648, s. 1 (Reg. Sess.,

1996), the discharge or release is classified as high risk under this Section

unless and until the Department reclassifies the risk posed by the discharge or

release. If the risk posed by the discharge or  release has been classified by

the Department as Class CDE under S.L. 1995-648, s. 1 (Reg. Sess., 1996), the

discharge or release is classified as low risk under this Section unless and

until the Department reclassifies the risk posed by the discharge or release. 

The responsible party shall notify the Department of any factors that might

affect the level of risk assigned to Class AB or Class CDE discharges or

releases by the Department.  Responsible parties for Class AB discharges or

releases for which a site assessment pursuant to Rule .0106 (c) and (g) of this

Subchapter has been submitted to the Department before the effective date of

this Section, shall continue to comply with notices previously received from

the Department unless and until the Department determines that application of

all or part of this Section is necessary to protect human health or the

environment or may result in a more cost effective assessment and cleanup of

the discharge or release.  If a site assessment pursuant to Rule .0106 (c) and

(g) of this Subchapter has not been submitted to the Department for a Class AB

or Class CDE discharge or release before the effective date of this Section,

the responsible party shall comply with 15A NCAC 02L .0404 of this Section

unless the Department has issued a closure notice for the discharge or

release.  For discharges or releases classified as low risk under this

Paragraph and for which a site assessment pursuant to Rule .0106 (c) and (g) of

this Subchapter has been submitted to the Department prior to the effective

date of this Section, the Department may issue a notification under 15A NCAC

02L .0407(d) of this Section if the responsible party demonstrates that soil

contamination does not exceed contamination cleanup levels established (March

1997) in 15A NCAC 02L .0417 of this Section.

 

History Note:        Authority G.S. 143-215.2;

143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282;

1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(r);

Amended Eff. December 1, 2005.

 

15A NCAC 02L .0417       Establishing cleanup requirements For

sites eligible to continue remediation under rules existing before the

effective date of 15A NCAC 02L .0115

The Department may issue a notification under 15A NCAC 02L

.0407(d) of this Section for a discharge or release classified as low risk

under 15A NCAC 02L .0416 of this Section if a site assessment pursuant to Rule

.0106(c) and (g) of this Subchapter was submitted to the Department prior to

the effective date of this Section and the responsible party demonstrates that

soil contamination from the discharge or release has been remediated to the

final cleanup levels established under this Paragraph.  If it has not already

done so, a responsible party must submit all information necessary for the Department

to establish a cleanup level under this Paragraph, including, but not limited

to, the completed forms contained in Tables 1 and 2.

The following requirements are used to establish cleanup

levels for sites eligible to continue remediation under the rules existing

prior to the effective date of this Section.

(1)           In establishing a cleanup level, the Department

shall determine whether any of the following conditions apply to the discharge

or release:

(a)           groundwater is contaminated by the discharge

or release;

(b)           contaminated soil in the unsaturated zone is

located less than five feet from the seasonal high water table, bedrock or

transmissive indurated sedimentary units.  Transmissive indurated sedimentary

units shall include, but shall not be limited to shell limestone, fractured

shale and sandstone; or

(c)           vapors pose a serious threat of explosion or

other public health concern due to the accumulation of the vapors in a confined

space.

(2)           If any of the conditions specified in Item (1) of

this Paragraph apply to the discharge or release, the final cleanup level for

the discharge or release shall be:

(a)           10 mg/kg total petroleum hydrocarbons for

discharges or releases of low boiling point fuels, including, but not limited

to, gasoline, aviation gasoline, and gasohol;

(b)           40 mg/kg total petroleum hydrocarbons for

discharges or releases of medium and high boiling point fuels, including, but

not limited to, kerosene, diesel, varsol, mineral spirits, naphtha, jet fuels

and fuel oil no. 2; and

(c)           250 mg/kg total petroleum hydrocarbons for

discharges or releases of waste oil and heavy fuels, including, but not limited

to fuel oil nos. 4, 5 and 6, motor oil and hydraulic fluid.

(3)           If the conditions specified in Item (1) of this

Paragraph do not apply to the discharge or releases, the Department shall

determine a final cleanup level in the following manner:

(a)           the total site characteristics score shall

be determined from Table 1 by recording and adding the five characteristic

scores;

(b)           the total site characteristics score shall

be used to determine each applicable initial cleanup level on Table 2;

(c)           using Table 3, the applicable Site Code

shall be determined; and

(d)           the final contamination cleanup level for

the discharge or release shall be determined by multiplying each applicable

initial cleanup level determined in Sub-item (b) of this Item by 1 for Code A

sites, 2 for Code B sites and 3 for Code C sites.

(4)           Any soil samples obtained to determine cleanup

levels pursuant to this Paragraph shall be analyzed as follows:

(a)           soil samples collected from a discharge or

release of low boiling point fuels including, but not limited to, gasoline,

aviation gasoline and gasohol, shall be analyzed using EPA Method modified 8015

(California Method) with EPA Method 5030 preparation;

(b)           soil samples collected from a discharge or

release of medium or high boiling point fuels including, but not limited to,

kerosene, diesel, varsol, mineral spirits, naphtha, jet fuels and fuel oil no.

2, shall be analyzed using EPA Method modified 8015 (California Method) with

EPA Method 3550 preparation; and

(c)           soil samples collected from a discharge or

release of waste oil and heavy fuels, including, but not limited to fuel oil

nos. 4, 5 and 6, motor oil and hydraulic fluid, shall be analyzed using EPA

Method 9071 or another equivalent EPA-approved method that meets the same

detection limits.

(5)           Analytical methods for any soil samples obtained to

determine cleanup levels pursuant to this Paragraph shall be performed as

specified in the following references or the most recent version of these

references: Test Methods for Evaluating Solid Wastes: Physical/Chemical

Methods, November 1990, U.S. Environmental Protection Agency Publication number

SW-846 and Guidelines for Addressing Fuel Leaks, D.M. Eisenberg and others,

1985, California Regional Water Quality Control Board, San Francisco Bay

Region.

 

Table 1

SITE CHARACTERISTICS EVALUATION



Characteristic





Condition





Rating





Score







1) Predominant grain size as classified in accordance with

the Unified Soil Classification System or the U.S. Department of Agriculture

Soil Classification System

 





Gravel

Sand

Silt

Clay





150

100

50

0





 







2)  Are preferential

pathways for contaminant movement such as quartz veins, coarse-grained

sediments, fractures and weathered igneous intrusions present in or below the

contaminated soil?





Present and intersecting seasonal high water table

 

Present but not intersecting seasonal high water table

 

None Present





10

 

 

5

 

 

0





 







3)  Distance between

the contaminated/non-contaminated soil interference and the seasonal high

water table

 





5-10 feet

>10-40 feet

>40 feet





20

10

0





 







4)  Is the top of

bedrock or transmissive indurated sediments located above seasonal high water

table?

 





Yes

 

No





20

 

0





 







5)  Are artificial

conduits present within the zone of contamination?





Present and intersecting seasonal high water table

 

Present but not intersecting seasonal high water table

 

Not Present





150

 

 

10

 

 

0





 





 



 

Total Site Characteristics Score                    ___________



 















 

Table

2

CLEANUP LEVEL DETERMINATION

 



Initial Cleanup Level





Final Cleanup Level



 



 



EPA Method 8015/5030 for Low Boiling Point Hydrocarbons

such as Gasoline, Aviation Fuels, Gasohol



 





 

Total Site

Characteristics Score





 

Initial Cleanup

Level TPH (mg/kg)





 





 





 

Select Site

Code*





 

Final Cleanup

Level







 

>150

121 - 150

91 - 120

61 - 90

31 - 60

0 - 30





 

150

121 - 150

91 - 120

61 - 90

31 - 60

0 - 30





 

150

121 - 150

91 - 120

61 - 90

31 - 60

0 - 30