subchapter 02s – rules and criteria for the administration
of the dry-cleaning solvent cleanup fund
section .0100 – general considerations
15a NCAC 02S .0101 scope and purpose
The purpose of this Subchapter is to establish the criteria
for determining eligibility for certification into the North Carolina
Dry-Cleaning Solvent Cleanup Fund program, minimum management practices, a
risk-based approach for assessment and remediation of certified facilities, and
the criteria for the disbursement of funds from the North Carolina Dry-Cleaning
Solvent Cleanup Fund.
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Eff. August 1, 2000;
Amended Eff. September 1, 2007.
15A NCAC 02S .0102 DEFINITIONS
The definition of any word or phrase used in this Subchapter
shall be the same as given in G.S. 143-215.104B and the following words and
phrases shall have the following meanings:
(1) "Act" means the Dry-Cleaning Solvent
Cleanup Act of 1997 and any amendments thereto.
(2) "Apparel and household fabrics" means
apparel and fabrics that have been purchased at retail or have been purchased
at wholesale for rental at retail.
(3) "Business" means "business" as
defined in G.S. 59-102.
(4) "Chemicals of concern" means the specific
compounds and their breakdown products that are identified for evaluation in
the risk-based corrective action process. Identification can be based on their
historical and current use at the site, detected concentrations in
environmental media and their mobility, toxicity, and persistence in the
environment.
(5) "Closed container solvent transfer system"
means a device or system specifically designed to fill a dry-cleaning machine
with dry-cleaning solvent through a mechanical valve or sealed coupling in
order to prevent spills or other loss of solvent liquids or vapors to the
environment.
(6) "Complete exposure pathway" means an
exposure pathway where a chemical of concern has reached a receptor.
(7) "Contaminated site" or "site"
means the area defined by the likely current and future location of the
chemicals of concern from a facility or abandoned site. A contaminated site
could be an entire property or facility, a defined area or portion of a
facility or property or multiple facilities or properties.
(8) "Discovery Site" means the physical site
or area where dry-cleaning solvent contamination has been discovered. A
discovery site may or may not be the same property as the facility site.
(9) "Division" means the Division of Waste
Management of the Department of Environment and Natural Resources.
(10) "Dry-Cleaning Business" means a business
having engaged in dry-cleaning operations or the operation of a wholesale
distribution facility at a facility site.
(11) "Environmental media" means soil,
sediment, surface water, groundwater, air or other physical substance.
(12) "Engineering controls" means physical
modifications to a site to reduce or eliminate the potential for exposure to
chemicals of concern.
(13) "Exposure pathway" means the course that a
chemical of concern takes or may take from a source area to a receptor. Each
exposure pathway includes a source or release from a source of a chemical of
concern, a potential point of exposure, an exposure route and the potential
receptor.
(14) "Facility site" means the physical
location of a dry-cleaning facility, a wholesale distribution facility or an
abandoned site.
(15) "Hazard Index" means the sum of two or
more hazard quotients for chemicals of concern or multiple exposure pathways to
a particular receptor.
(16) "Hazard quotient" means the ratio of level
of exposure of a chemical of concern over a specified time period to a
reference dose for that chemical of concern derived for a similar exposure
period.
(17) "Individual excess lifetime cancer risk"
means the increase over background in an individual's probability of getting
cancer over a lifetime due to exposure to a chemical.
(18) "Institutional controls" means nonengineered
measures, including land-use restrictions, used to prevent unsafe exposure to
contamination.
(19) "Material impervious to dry-cleaning solvent"
means a material that has been certified by the manufacturer or an independent
testing laboratory such as Underwriters Laboratory, to maintain its chemical
and structural integrity in the presence of the applicable dry-cleaning solvent
and prevent the movement of dry-cleaning solvent for a period of a least 72
hours.
(20) "Monitored natural attenuation" means an
approach to the reduction in the concentration of chemicals of concern in
environmental media due to naturally occurring physical, chemical and
biological processes, which is based on best available scientific information.
(21) "Non-residential land use" means a use
that is not a residential land use.
(22) "Number of full time employees" means the
number of full-time equivalent employees employed by a person who owns a
dry-cleaning facility, as calculated pursuant to 15A NCAC 02S .0103.
(23) "Person" means "person" as
defined in G.S. 143-215.77(13).
(24) "Petitioner" means a potentially
responsible party who submits a petition for certification of a facility site.
(25) "Point of demonstration" means the
location selected between the source area and a point of exposure where levels
of chemicals of concern are measured to ensure that site-specific target levels
are being met.
(26) "Point of exposure" means the location at
which an individual or population may come in contact with a chemical of
concern originating from a site.
(27) "Receptor" means any human, plant, or
animal which is, or has the potential to be, adversely affected by the release
or migration of chemicals of concern.
(28) "Reference dose" means a toxicity value
for evaluating potential non-carcinogenic effects in humans resulting from
exposure to a chemical of concern.
(29) "Remedial action plan" means a plan that
outlines activities to be undertaken to clean up a contaminated site and to
reduce or eliminate current or potential exposures to receptors.
(30) "Representative concentrations" means a
typical or average concentration to which the receptor is exposed over the
specified exposure duration, within a specified geographical area, and for a
specific route of exposure.
(31) "Residential land use" means use for human
habitation, including dwellings such as single family houses and multi-family
apartments, children's homes, nursing homes, and residential portions of
government-owned lands (local, state or federal). Because of the similarity of
exposure potential and the sensitive nature of the potentially exposed human
population, use for day care facilities, educational facilities, hospitals, and
parks (local, state or federal) shall be considered residential land use for
the purpose of land use classification.
(32) "Risk-based screening level" means
chemical-specific, risk-based values for chemicals of concern that are
protective of human health. The risk-based screening levels are as follows:
(a) For known or suspected carcinogens, except
for those chemicals of concern that have groundwater standards or interim
standards established in 15A NCAC 02L, risk-based screening levels are
established for each chemical of concern at exposures that represent an
individual excess lifetime cancer risk of one in 1,000,000.
(b) For systemic toxicants, except for those
chemicals of concern that have groundwater standards or interim standards
established in 15A NCAC 02L, risk-based screening levels are established using
a hazard quotient for each chemical of concern of 0.2.
(c) For chemicals of concern in groundwater that
have 15A NCAC 02L standards, the risk-based screening level shall be the
standards and interim standards established in 15A NCAC 02L.
(33) "Site-specific target level" means
risk-based values for chemicals of concern that are protective of human health
for specified exposure pathways and are derived from a consideration of
site-specific information. The site-specific target levels are as follows:
(a) For known or suspected carcinogens, the sum
of individual excess lifetime cancer risk values for all chemicals of concern
for all exposure pathways may not exceed one in 100,000.
(b) For systemic toxicants, the Hazard Index for
all chemicals of concern for all complete exposure pathways may not exceed 1.0.
(34) "Source" means non-aqueous phase liquid
chemical, the locations of highest soil or ground water concentrations of the
chemicals of concern or the location releasing the chemical of concern.
(35) "Systemic toxicant" means a substance or
agent that may enter the human body and have an adverse health effect other
than causing cancer.
(36) "Unsaturated zone" means that part of the
subsurface where interconnected voids are not all filled with water.
Note: Portions of this rule extracted, with permission,
from E2081-00(2004)e1 Standard Guide for Risk-Based Corrective Action,
copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA
19428, www.astm.org.
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Eff. August 1, 2000;
Temporary Amendment Eff. June 1, 2001;
Amended Eff. October 1, 2007; August 1, 2002.
15A NCAC 02S .0103 CALCULATION OF FULL TIME EQUIVALENT
EMPLOYMENT
(a) This Rule governs the calculation of the number of
full-time equivalent employees employed by a person who owns a dry-cleaning
facility. For the purposes of this Rule, the person who owns the dry-cleaning
facility shall be referred to as the "facility owner." If the
dry-cleaning facility is jointly owned by more than one person, the full-time
equivalent employment associated with the dry-cleaning facility shall be the
number of full-time equivalent employees employed in activities related to
dry-cleaning by all persons with an ownership interest in the dry-cleaning
facility.
(b) The number of full-time employees employed by a
facility owner in activities related to dry-cleaning operations shall be the
sum of the following:
(1) The number of salaried employees employed
by the facility owner in activities related to dry-cleaning operations;
(2) The total number of hours worked in the
previous calendar year by non-salaried employees employed by the facility owner
in activities related to dry-cleaning operations divided by 2080; and
(3) The lesser of:
(A) the number of persons who hold ownership interests
in the dry-cleaning facility, but are not included in Subparagraphs (1) or (2)
of this Rule, and who perform activities related to dry-cleaning operations at
a dry-cleaning facility in which the persons have ownership interests; or
(B) the total number of hours worked by such persons
divided by 2080.
(c) If a facility owner was not engaged in the operation of
dry-cleaning facilities during the entire calendar year for which full-time
equivalent employment is being calculated, then the number in Subparagraph
(b)(2) of this Rule shall be prorated according to the number of weeks, or
partial weeks, during the previous calendar year that the facility owner was
engaged in the operation of such dry-cleaning facilities.
(d) For the purposes of this Section, an employee shall be
considered to be employed in activities related to dry-cleaning operations if
the employee's duties include any of the following activities:
(1) The provision of dry-cleaning or laundry
services, including collecting, cleaning, pressing, altering, repairing,
packaging, handling, or delivering of items of apparel or household fabrics for
which dry-cleaning or laundry services are provided;
(2) The supervision of employees involved in
the provision of dry-cleaning or laundry services as described in Subparagraph
(d)(1) of this Rule;
(3) The maintenance or operation of physical facilities
used to provide dry-cleaning or laundry services as described in Subparagraph
(d)(1) of this Rule; or
(4) The management, including accounting,
financial, human resource, or other support functions, of the business
providing dry-cleaning or laundry services as described in Subparagraph (d)(1)
of this Rule.
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. April 25, 2015.
section .0200 – minimum management practices
15A NCAC 02S .0201 APPLICABILITY
The provisions contained in this Section set forth the
minimum management practices for the storage and handling of dry-cleaning
solvents required to be implemented at all dry-cleaning facilities,
dry-cleaning solvent wholesale distribution facilities, and abandoned sites.
The provisions contained in this Section are applicable only to owners and
operators of dry-cleaning facilities, dry-cleaning solvent wholesale distribution
facilities, and abandoned sites.
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Eff. August 1, 2000;
Amended Eff. August 1, 2002.
15A NCAC 02S .0202 REQUIRED MINIMUM MANAGEMENT PRACTICES
(a) All abandoned sites, as defined by
G.S.143-215.104(B)(b)(1), shall at all times after this Rule becomes effective,
comply with Required Minimum Management Practice, Subparagraph (b)(5) of this Rule.
(b) All dry-cleaning facilities and wholesale distribution
facilities shall, at all times after this Rule becomes effective, comply with
the following minimum management practices:
(1) At no time shall any dry-cleaning solvent,
wastes containing dry-cleaning solvent, or water containing dry-cleaning
solvent be discharged onto land or into waters of the State, sanitary sewers,
storm drains, floor drains, septic systems, boilers, or cooling- towers. All
invoices generated as a result of disposal of all dry-cleaning solvent waste
shall be made available for review by the Department. If a dry-cleaning
facility uses devices such as atomizers, evaporators, carbon filters, or other
equipment for the treatment of wastewater containing solvent, all records, including
but not limited to, invoices for the purchase, maintenance, and service of such
devices, shall be made available to the Department. Records shall be kept for
a period of three years.
(2) Spill containment shall be installed and
maintained under and around dry-cleaning machines, filters, dry-cleaning
solvent pumps, stills, vapor adsorbers, solvent storage areas, and waste
solvent storage areas by January 1, 2002. Spill containment shall have a
volumetric capacity of 110 percent of the largest vessel, tank, or container
within the spill containment area and shall be capable of preventing the
release of the applicable liquid dry-cleaning solvent beyond the spill
containment area for a period of at least 72 hours. All floor drains within or
beneath the spill containment area shall be removed or permanently sealed with
materials impervious to dry-cleaning solvents. Emergency adsorbent spill
clean-up materials shall be on the premises. Facilities must maintain an
emergency response plan that is in compliance with federal, state and local
requirements.
(3) All perchloroethylene dry-cleaning machines
installed at a dry-cleaning facility after the effective date of this Rule
shall meet air emissions that equal or exceed the standards that apply to a
comparable dry-to-dry perchloroethylene dry-cleaning machine with an integrated
refrigerated condenser. All perchloroethylene dry-cleaning facilities must be
in compliance with the EPA Perchloroethylene Dry Cleaner NESHAP: 40CFR, Part
63, Subpart M to be eligible for certification.
(4) Facilities that use perchloroethylene shall
use a closed container solvent transfer system by January 1, 2002.
(5) Within six months of the effective date of
this Rule, no dry-cleaning facility shall use underground storage tanks for
solvents or waste.
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Eff. August 1, 2000;
Temporary Amendment Eff. June 1, 2001;
Amended Eff. August 1, 2002.
SECTION .0300 - PETITIONS FOR CERTIFICATION
15A NCAC 02S .0301 FILING
(a) Any potentially responsible party may petition for
certification of a facility site by filing a petition with the Division using
forms provided by the Division. Petitions shall be verified by the petitioner,
and shall include a laboratory analysis demonstrating the presence of
dry-cleaning solvent in environmental media at the discovery site.
(b) Petition forms may be obtained from the Dry-Cleaning
Solvent Cleanup Act Program of the Superfund Section of the Division, 401
Oberlin Road, Raleigh, North Carolina, 27605.
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002.
15A NCAC 02S .0302 OTHER POTENTIALLY RESPONSIBLE PARTIES
(a) After receiving a petition, the Division may notify
other potentially responsible parties that a petition has been filed.
(b) The Division may request from any potentially
responsible party that has not petitioned for certification of the facility
site additional information concerning the dry-cleaning business, the discovery
site, or the facility site. The Division may refuse to enter into an
assessment or remediation agreement with any potentially responsible party
that:
(1) Fails to provide within 60 days any
additional information requested by the Division that is in the possession or
control of the party, or
(2) Fails or refuses to cooperate in the
assessment or remediation of the facility site or the discovery site.
The time for responding to requests for additional
information described in this Rule shall be measured from the date a request
for information is received by the potentially responsible party from whom the
information is requested.
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. April 25, 2015.
SECTION .0400 – ASSESSMENT AGREEMENTS
15A NCAC 02S .0401 PRIORITIZATION ASSESSMENT
History Note: Authority G.S. 143-215.104D(b);
150B-21.2;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Repealed Eff. September 1, 2007.
SECTION .0500 – RISK-BASED CORRECTIVE ACTION
15A NCAC 02S .0501 PURPOSE AND APPLICABILITY
The purpose of this Section is to establish a risk-based
corrective action approach for assessment and remediation of contamination at
certified dry-cleaning facilities or abandoned sites. This Rule applies to
risk-based corrective action undertaken pursuant to the terms of assessment and
remediation agreements between petitioners and the Division.
History Note: Authority G.S. 143-215.104D; 150B-21.2;
Eff. September 1, 2007.
15A NCAC 02S .0502 ABATEMENT OF IMMINENT HAZARD
If the Division determines that contamination or conditions
at a site constitute an imminent hazard as defined in G.S. 143-215.104B(b)(16),
the Division may require the development and implementation of a plan to abate
the imminent hazard. Actions taken to abate the imminent hazard may include,
but are not limited to, provision of alternate sources of drinking water, soil
excavation, vapor mitigation and well abandonment.
History Note: Authority G.S. 143-215.104C;
143-215.104D; 150B-21.2;
Eff. September 1, 2007.
15A NCAC 02S .0503 Prioritization of certified facilities
and sites
(a) The Division shall determine the priority ranking of
certified facilities and abandoned sites for the initiation and scheduling of
assessment and remediation activities.
(b) The Division shall consider the following factors in
determining the priority ranking of a facility or site:
(1) Proximity of contamination to public and
private water supply wells and surface water;
(2) Existing or potential impacts to public and
private water supply wells and surface water;
(3) Existing or potential vapors from
contamination entering buildings and other structures;
(4) Existing or potential exposure to
contaminated soils;
(5) The degree of contamination in soil,
groundwater and surface water; and
(6) Any other factor relevant to the degree of
harm or risk to public health and the environment posed by the existence or
migration of contamination at the facility or site.
(c) The Division shall determine the initial priority of
facilities and sites based on information available to the Division.
(d) The ranking of facilities and sites shall be updated
and revised to reflect changes in site conditions and current information.
History Note: Authority G.S. 143-215.104C;
143-215.104D; 150B-21.2;
Eff. September 1, 2007.
15A NCAC 02S .0504 CONTAMINATED SITE CHARACTERIZATION
(a) A site assessment shall describe:
(1) The source, types and levels of
contamination at the site;
(2) Any immediate actions required to abate any
imminent hazard to public health, safety, or welfare or the environment;
(3) All receptors and exposure pathways;
(4) The horizontal and vertical extent of soil
and groundwater contamination;
(5) The geology and hydrogeology of the
contaminated site, and features influencing the movement, chemical, and
physical character of the chemicals of concern;
(6) The current and anticipated uses of
property and groundwater at the site.
(b) The Division shall determine the scope of any
assessment necessary to adequately characterize a site.
History Note: Authority G.S. 143-215.104C;
143-215.104D; 150B-21.2;
Eff. September 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. April 25, 2015.
15A NCAC 02S .0505 PRELIMINARY SOURCE REMOVAL
The Division may authorize the performance of preliminary
source removal at a site that does not present an imminent hazard as set forth
in 15A NCAC 02S .0502 prior to approval of a remedial action plan if the
Division determines that:
(1) The removal would eliminate or significantly reduce
a continuing source of contamination at the site, thereby reducing the risk to
public health and the environment;
(2) Current conditions at the site allow the removal to
be conducted in a manner that will result in cost savings to the Fund; and
(3) There is sufficient money in the Fund to pay for
the removal and funding is appropriate based on the relative priority of the
site.
History Note: Authority G.S. 143-215.104D(b)(3);
150B-21.2;
Eff. September 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. April 25, 2015.
15A NCAC 02S .0506 TIERED RISK ASSESSMENT
(a) A tiered risk assessment shall be conducted to
establish risk-based screening levels or site-specific target levels for a
site.
(b) A site conceptual model shall be developed including
the following elements:
(1) The type and distribution of chemicals of
concern;
(2) The geology and hydrogeology;
(3) An exposure model that identifies the
receptors, including sensitive subgroups, and the exposure pathways; and
(4) Land use classification as either residential
or non-residential.
(c) Tier 1. A Tier 1 risk assessment is based on
chemical-specific risk-based screening levels. The representative
concentrations of chemicals of concern that exist at a site shall be compared
to these risk-based screening levels for all complete and potentially complete
exposure pathways. If the concentrations exceed the risk-based screening
levels, the Division may require remediation of the site to risk-based
screening levels or the performance of a Tier 2 risk assessment to establish
site-specific target levels. Factors considered by the Division when
determining if a Tier 2 assessment is warranted shall include:
(1) Whether the assumptions on which the
risk-based screening levels are based are representative of the site-specific
conditions;
(2) Whether the site-specific target levels
developed under Tier 2 either are likely to be significantly different than the
risk-based screening levels or will significantly modify remediation
activities; or
(3) Whether the cost of remediation to achieve
risk-based screening levels will likely be greater than the cost of further
tier evaluation and subsequent remediation.
(d) Tier 2. A Tier 2 assessment shall allow consideration
of site-specific information in order to calculate site-specific target
levels. This information includes the locations of actual points of exposure
and points of demonstration as well as site-specific geologic, hydrogeologic
and contaminant fate and transport parameters. All parameters and procedures
used during the Tier 2 risk assessment shall be provided by the Division. The
representative concentrations of chemicals of concern that exist at a site
shall be compared to these Tier 2 site-specific target levels for all complete
and potentially complete exposure pathways. If the concentrations exceed the
Tier 2 site-specific target levels, the Division may require remediation of the
site to Tier 2 site-specific target levels or the performance of a Tier 3 risk
assessment to establish alternative site-specific target levels. Factors
considered by the Division when determining if a Tier 3 assessment is warranted
shall include:
(1) Whether the assumptions on which the Tier 2
site-specific target levels are based are sufficiently representative of the
site-specific conditions;
(2) Whether the alternative site-specific
target levels developed under Tier 3 either are likely to be significantly
different than the Tier 2 site-specific target levels or will significantly
modify remediation activities; or
(3) Whether the cost of remediation to achieve
Tier 2 site-specific target levels will likely be greater than the cost of
further tier evaluation and subsequent remediation.
(e) Tier 3. A Tier 3 risk assessment shall allow
consideration of additional site-specific and toxicological data in order to
calculate alternative site-specific target levels. This data may include
alternative, technically defensible toxicity factors, physical and chemical
properties, site-specific exposure factors, and alternative fate and transport
models. The representative concentrations of chemicals of concern that exist
at a site shall be compared to these Tier 3 site-specific target levels for all
complete and potentially complete exposure pathways. If the concentrations
exceed the Tier 3 site-specific target levels, the Division shall consider the
results of the Tier 2 and Tier 3 assessments to determine the site-specific
target levels.
(f) The determination of risk-based screening levels and
site-specific target levels shall be based on the following assumptions and
requirements:
(1) Concentrations of chemicals of concern in
soil shall not exceed Tier 1 residential risk-based screening levels on land
classified as residential land use. Concentrations in soil may exceed Tier 1
residential risk-based screening levels on property containing both residential
and non-residential land use if the ground-level uses are non-residential and
the potential for exposure to contaminated soil has been eliminated;
(2) An ecological risk evaluation shall be
conducted with guidance provided by the Division to determine the risk to plant
and animal receptors and habitats.
(3) The most recent versions of the following
references, in order of preference, shall be used to obtain the quantitative
toxicity values necessary to calculate risk to identified receptors:
(A) Integrated Risk Information System (IRIS);
(B) Provisional Peer Reviewed Toxicity Values (PPRTVs);
(C) Published health risk assessment data, and
scientifically valid peer-reviewed published toxicological data.
(4) All current and probable future use of
groundwater shall be protected. If groundwater has been contaminated or is
likely to be contaminated, a point of exposure must be established to
quantitatively evaluate the groundwater use pathway. The point of exposure
shall be established at the nearest to the source of the following locations:
(A) Closest existing water supply well;
(B) Likely nearest future location of a water supply
well;
(C) Hypothetical point of exposure located at a distance
of 500 feet from the downgradient property boundary of the facility site; or
(D) Hypothetical point of exposure located at a distance
of 1000 feet downgradient from the source.
(5) For chemicals of concern for which there is
a groundwater quality standard in 15A NCAC 02L, concentrations at the point of
exposure shall not exceed the groundwater quality standards as specified in 15A
NCAC 02L. For chemicals of concern for which there are no groundwater quality
standards, concentrations at the point of exposure shall not exceed the
risk-based screening levels or site-specific target levels for these chemicals
of concern that assume ingestion based on domestic water use;
(6) Concentrations of chemicals of concern
shall be measured and evaluated at a point of demonstration well to ensure that
concentrations are protective of any point of exposure.
(7) Surface water is protected. The standards
for surface water shall be the water quality standards in 15A NCAC 02B.
Note: Portions of this rule extracted, with
permission, from E2081-00(2004)e1 Standard Guide for Risk-Based Corrective
Action, copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken,
PA 19428, www.astm.org .
History Note: Authority G.S. 143-215.104D; 150B-21.2;
Eff. September 1, 2007.
15A NCAC 02S .0507 REMEDIAL ACTION PLAN
(a) If the level of contamination of any chemical of
concern exceeds risk-based screening levels or site-specific target levels, a
remedial action plan shall be developed and implemented at the site.
(b) A remedial action plan must be sufficient to meet the
risk-based screening levels or site-specific target levels established for the
site and shall include, if applicable:
(1) A summary of the results of all assessment
and interim remedial activities conducted at the site;
(2) Justification for the remediation method
selected based on an analysis of each of the following factors:
(A) Results from any pilot studies or bench tests;
(B) The remediation methods considered and why other
alternatives were rejected;
(C) Practical considerations in implementing the
remediation, including ease of construction, site access, and required permits;
(D) Operation and maintenance requirements;
(E) The risks and effectiveness of the proposed
remediation including an evaluation of the type, degree, frequency, and
duration of any post‑remediation activity that may be required, including
operation and maintenance, monitoring, inspection, reporting, and other
activities necessary to protect public health, safety, and welfare and the
environment;
(F) Long‑term reliability and feasibility of
engineering and institutional controls;
(G) Technical feasibility of the proposed method to
reduce the concentrations of chemicals of concern at the site;
(H) Estimated time required to achieve risk-based
screening levels or site-specific target levels;
(I) Cost-effectiveness of installation, operation and
maintenance, when compared to other remediation alternatives; and
(J) Community acceptance.
(3) An evaluation of the expected breakdown
chemicals or by-products resulting from natural processes;
(4) A discussion of the proposed treatment or
disposition of contaminated media that may be produced by the remediation system;
(5) An operation and maintenance plan and
schedule for the remediation system;
(6) Design drawings of the proposed remediation
system;
(7) A groundwater monitoring plan to monitor
plume stability and effectiveness of the remediation;
(8) A plan to evaluate the effectiveness of the
remedial efforts and the achievement of risk-based screening levels or
site-specific target levels;
(9) A plan that addresses the health and safety
of nearby residential and business communities;
(10) A discussion of how the remedial action plan
will protect ecological receptors;
(11) All required land-use restrictions and
notices prepared in accordance with G.S. 143-215.104M and 15A NCAC 02S. 0508;
and
(12) Measures necessary to protect plant and
animal receptors and habitats.
(c) Monitored natural attenuation of chemicals of concern
may be approved as an acceptable remediation method, provided:
(1) All free product has been removed or
controlled to the maximum extent practicable;
(2) Contaminated soil is not present in the
unsaturated zone above risk-based screening levels or site-specific target levels
for the soil-to-groundwater pathway for the site unless it is demonstrated that
the soil does not constitute a continuing source of contamination to
groundwater at concentrations that pose a threat to human health, safety or the
environment, and it is demonstrated that the rate of natural attenuation of
chemicals of concern in groundwater exceeds the rate at which the chemicals of
concern are leaching from the soil;
(3) The physical, chemical and biological
characteristics of each chemical of concern and its by-products are conducive
to degradation or attenuation under the site-specific conditions;
(4) The travel time and direction of migration
of chemicals of concern can be predicted with reasonable certainty;
(5) Available data shows an apparent or potential
decrease in concentrations of chemicals of concern;
(6) The chemicals of concern will not migrate
onto adjacent properties that are not served by an existing public water supply
system, unless the owners have consented to the migration of chemicals of
concern onto their property;
(7) If any of the chemicals of concern are
expected to intercept surface waters, the groundwater discharge will not exceed
the standards for surface water contained in 15A NCAC 02B .0200;
(8) All necessary access agreements needed to
monitor groundwater quality have been or can be obtained; and
(9) A monitoring program, sufficient to track
the degradation and attenuation of chemicals of concern and by-products within
and down-gradient of the plume and detect chemicals of concern and by-products
at least one year's travel time prior to their reaching any existing or
foreseeable receptor, is developed and implemented. Analytical data collected
during monitored natural attenuation shall be evaluated on an annual basis to
determine if the annual rate of expected progress is being achieved.
(d) If the Division determines that it is technically
impracticable to achieve a risk-based screening level or site-specific target
level for a specific chemical of concern due to geological conditions,
remediation technology limitations, site conditions, physical limitations or
other factors, the Division may approve or modify the remedial action plan to
provide for the use of institutional controls, engineering controls, and
long-term monitoring until the risk-based screening levels or site-specific
target levels are met. Methods that may be used to demonstrate that remediation
is technically impracticable include the following:
(1) A full-scale field demonstration consisting
of an operating remediation system;
(2) A pilot study applying a remediation
technology on a small portion of the contaminated site;
(3) Predictive analyses or modeling that shows
the potential for the migration and remediation of chemicals of concern to
occur at the site;
(4) Comparison of specific conditions at the
subject site to those of similar sites in case studies or peer-reviewed and
published research papers;
(5) A combination of the above methods; or
(6) Other equivalent methods that demonstrate
that remediation is technically impracticable.
History Note: Authority G.S. 143-215.104D; 150B-21.2;
Eff. September 1, 2007.
15A NCAC 02S .0508 LAND-USE RESTRICTIONS
(a) The Division may require the imposition, recordation
and enforcement of land-use restrictions pursuant to G.S. 143-215.104M.
(b) All land use restrictions and notices shall be on forms
provided by the Division.
History Note: Authority G.S. 143-215.104D;
143-215.104M; 150B-21.2;
Eff. September 1, 2007.
15A NCAC 02S .0509 NO FURTHER ACTION CRITERIA
(a) The Division shall issue a "No Further
Action" letter if each of the following criteria is met:
(1) Risk-based screening levels or
site-specific target levels for each chemical of concern have been achieved,
and, if applicable, plant and animal receptors and their habitats have been protected.
(2) The stability of the plume has been
verified by a monitoring period of at least one year after achievement of the
goals set forth in the remedial action plan; and
(3) All required land-use restrictions and
notices have been recorded.
(b) The Division shall not issue a "No Further
Action" letter if the Division has determined that it is technically
impracticable to remediate the site to risk-based screening levels or
site-specific target levels.
(c) If site conditions change or additional information
becomes available to the Division to indicate that the "No Further
Action" letter no longer applies, the site poses an unacceptable risk to
human health, safety or the environment, or the land-use restrictions imposed
in accordance with G.S. 143-215.104M are violated, the Division may rescind the
"No Further Action" letter and require further remedial action at the
site.
History Note: Authority G.S. 143-215.104D; 150B-21.2;
Eff. September 1, 2007.
