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
