Current through Register Vol. 38, No. 18, March 15, 2024
(a) The REC shall ensure that the documents,
plans, and time taken to complete work comply with the remediating party's
agreement with the Department, the Inactive Hazardous Sites Response Act, and
the rules of this Section.
(b) All
work phase completion statements, schedules, plans, and reports require REC
certification. An REC's certification shall comply with the following:
(1) REC certification of any document shall
include the following statement, signed by the RSM and notarized:
"I certify that I am personally familiar with the
information contained in this submittal, including any and all supporting
documents accompanying this certification, and that the material and
information contained herein is, to the best of my knowledge and belief, true,
accurate, and complete and complies with the Inactive Hazardous Sites Response
Act G.S. 130A-310, et seq. and the
voluntary remedial action program Rules
15A NCAC
13C .0300. I am aware that there are
significant penalties for willfully submitting false, inaccurate, or incomplete
information."
(2) Prior to
REC certification, documents shall contain the following notarized declaration
signed and dated by, and including the title of, the highest ranking official
of the remediating party having day-to-day responsibility for the performance
of the response action which is the subject of the submittal:
"I certify that I have personally examined and am familiar
with the information contained in this submittal, including any and all
documents accompanying this certification, and that, based on my inquiry of
those individuals immediately responsible for obtaining the information, the
material and information contained herein is, to the best of my knowledge and
belief, true, accurate and complete. I am aware that there are significant
penalties for willfully submitting false, inaccurate, or incomplete
information."
(3) Any work
which would constitute the "practice of engineering" as defined by G.S. 89C
shall be performed under the responsible charge of, and signed and sealed by, a
professional engineer registered in the state of North Carolina. Any work which
would constitute the "public practice of geology" as defined by G.S. 89E shall
be performed under the responsible charge of, and signed and sealed by, a
geologist licensed in the state of North Carolina.
(4) RSM certification and submittal to the
Department of the following documents shall occur prior to implementation:
(A) remedial investigation work plans
prepared in accordance with Paragraph (h) of this Rule;
(B) plans for additional site
characterization, pilot studies, or treatability studies to be conducted in
relation to the site that are prepared in compliance with Paragraph (j) of this
Rule;
(C) remedial action plans
prepared in accordance with Paragraph (n), (o) or (p) of this Rule;
and
(D) modifications of work
schedules.
(5) The RSM
shall prepare certified completion statements for the following work phases and
provide them to the Department in accordance withRule .0302(i) of this Section:
(A) completion of the remedial
investigation;
(B) REC approval of
the proposed remedial action plan following notice of the proposed remedial
action plan, the close of the 30-day public comment period, submission of the
comments and the REC's responses to the public comments received during the
public comment period, and the Department's written acknowledgement that
comments have been addressed;
(C)
initiation of all groundwater remedial actions as demonstrated by the first
field event associated with implementation of the groundwater remedy;
(D) completion of all non-groundwater
contamination remedial actions as demonstrated by a confirmatory sampling event
and REC certification of a written report pursuant to Paragraph (r) of this
Rule summarizing the data; and
(E)
completion of all remedial action activities.
(6) RSM certification pursuant to
Subparagraph (b)(5) of this Rule shall include the following statement signed
by the RSM and notarized:
"The [insert work phase] which is the subject of this
certification has, to the best of my knowledge, been completed in compliance
with the Inactive Hazardous Sites Response Act
G.S.
130A-310, et seq. and the voluntary remedial
action program Rules
15A NCAC
13C .0300, and [insert name of the REC] is in
compliance with Rules .0305(b)(2) and .0305(b)(3) of this Section. I am aware
that there are significant penalties for willfully submitting false,
inaccurate, or incomplete information."
Certification of the completion of all remedial action
activities shall also include the following statement:
"The approved and certified site remedial action plan has
been implemented, and to the best of my knowledge and belief, cleanup levels
determined pursuant to Rule .0308 of this Section have been achieved, and no
significant or otherwise unacceptable risk or harm to human health or the
environment remains at the site."
(c) The RSM shall certify and submit to the
Department a project status update report annually on the anniversary date of
the executed date of the remediating party's administrative agreement with the
Department. Annual project status update reports shall be submitted until the
REC submits a certified completion statement pursuant to Part (b)(5)(B) of this
Rule for all contaminated media. Annual project status update reports shall
include an update on meeting the deadlines in Rule .0302(h) of this Section and
in the remediating party's agreement with the Department.
(d) The REC may approve and certify site
activities and documents pursuant to the rules in this Section only if the
following environmental sample collection and analyses criteria are met:
(1) The REC shall employ analytical and
environmental monitoring data to support recommendations or conclusions with
respect to assessment, removal, treatment, or containment actions that are
scientifically valid and of a level of precision and accuracy commensurate with
their stated or intended use.
(2)
Procedures and methods employed for the collection and analysis of soil,
sediment, water, vapor, air, and waste samples shall be:
(A) methods published by the United States
Environmental Protection Agency (USEPA), the American Society for Testing and
Materials (ASTM), the American Public Health Association (APHA), the National
Institute for Occupational Safety and Health (NIOSH), the American Water Works
Association (AWWA), or other organizations with expertise in the development of
standardized analytical testing methods; or
(B) modifications of published methods,
provided that all modifications have been previously approved by the Department
or one of the entities in Part (A) of this Subparagraph.
(3) The REC shall only use laboratories
certified to analyze applicable parameters pursuant to
15A NCAC
02H .0800, or a contract laboratory under the
United States Environmental Protection Agency Contract Laboratory Program to
analyze samples collected pursuant to rules in this Section.
(4) Laboratory and other reports of analyses
of samples shall be reported in units applicable to the standards for each
media analyzed.
(5) The REC shall
only allow sample collection and analyses to be performed by persons who are
qualified by education, training, and experience.
(6) All documents prepared pursuant to the
rules in this Section that contain the results of sample collection and
analyses shall include the following information:
(A) the date, location, and time of sampling
and the name of the individual who collected the sample;
(B) specification of all sample filtration or
preservation procedures used;
(C)
the date of receipt of the sample at the laboratory and the dates the sample
was extracted and analyzed;
(D) the
name and address of the laboratory and proof of certification received pursuant
to 15A
NCAC 02H .0800 or approval as a contract
laboratory under the USEPA Contract Laboratory Program;
(E) the sample matrix description and
identification numbers;
(F) the
sample preparation and analytical method names and numbers;
(G) the results of the analysis and
concentration units;
(H) the sample
quantitation limit of each reported analyte based upon analytical
conditions;
(I) details of known
conditions or findings that may affect the validity of analytical data,
including equipment blank, trip blank, method blank, surrogate, spiked sample,
and other quality control data;
(J)
the laboratory's written justification for all sample dilution, additional
sample preparation, or deviation from specified analytical methods;
and
(K) a complete chain of custody
documentation for each sample.
(e) The REC shall approve and certify site
activities and documents pursuant to this Section only if procedures to protect
health, safety, public welfare, and the environment during the performance of
response actions are being implemented. The scope and detail of health and
safety procedures shall be commensurate with the degree and nature of the risks
posed to human and ecological populations by the disposal site and response
actions. Such procedures shall include the following:
(1) measures to protect human populations
from exposure to hazardous substances;
(2) air monitoring activities, in areas of
exceedances of standards as referenced in
G.S.
130A-310.3(d); and
(3) measures necessary to contain hazardous
substances, including:
(A) measures to
control stormwater run-off;
(B)
measures to control dust and other environmental media, such as wetting
soils;
(C) measures to
decontaminate vehicles and equipment to minimize the spread of contaminated
soil from the disposal site;
(D)
measures to secure on-site excavations and stockpiles of contaminated
materials; and
(E) discontinuance
of response actions if necessary to protect public health and safety.
(f) In planning the
remedial investigation, the REC shall identify each area of known or suspected
hazardous substance contamination at the site, based on the following:
(1) then-existing laboratory data;
(2) readily observable conditions indicative
of contamination, such as staining, odors, or visible or other evidence of
damage to or leakage from a storage facility or vessel;
(3) information ascertainable from the public
record, site operation records, and information provided by the remediating
party; and
(4) other evidence
actually known to the REC.
For each area of known or suspected contamination, the REC
shall plan, implement, and complete the remedial investigation so that the
location and identity of the hazardous substances are established. For purposes
of this Rule, the presence of chemical storage or other similar facilities
shall not alone constitute evidence of known or suspected
contamination.
(g) The REC shall plan, implement, and
complete the remedial investigation so that the areal and vertical extent of
hazardous substance contamination is delineated to unrestricted use remedial
goals, natural background concentrations, or to concentrations demonstrated by
the REC to be unrelated to the contaminant releases comprising the site for
each area of concern. The REC may demonstrate, through professional judgement,
that the vertical extent of contamination cannot be delineated due to technical
impracticability. The technical impracticability demonstration shall include a
written evaluation of the usefulness of additional data, including a conclusion
that:
(1) no receptor exposure to the media
not sampled will take place by not collecting the data;
(2) the success of the remedial design will
not be affected by not collecting the data; and
(3) collecting the data will result in
additional expense with limited or no associated benefit.
(h) The REC shall prepare, certify, and
submit, prior to implementation of a remedial investigation, one or more
remedial investigation plans prepared in compliance with Paragraphs (d), (e),
(f), and (g) of this Rule and all other applicable requirements. The plan(s)
shall contain the following or include an explanation as to why, in the
professional judgement of the REC, the component is not relevant to the
remedial investigation:
(1) site location
information including street address, longitude and latitude, and site and
surrounding property land use;
(2)
a summary of all management practices employed at the site for hazardous wastes
and wastes that may have contained hazardous substances including:
(A) a list of types and amounts of waste
generated (with RCRA waste codes), treatment and storage methods, and ultimate
disposition of wastes;
(B) a
description of the facility's past and current RCRA status;
(C) the location and condition of all
identified vessels currently or previously used to store chemical products,
hazardous substances, or wastes; and
(D) a summary of the nature of all identified
on-site hazardous substance releases, including disposal or spills;
(3) United States Geological
Survey topographic maps sufficient to display topography within a one-mile
radius of the site;
(4) a map,
drawn to scale, that includes:
(A) a north
arrow;
(B) a scale;
(C) the locations of property boundaries,
buildings, structures, all perennial and non-perennial surface water features,
drainage ditches, dense vegetation, known and suspected spill or disposal areas
identified pursuant to Paragraph (f) of this Rule, underground utilities,
storage vessels, existing on-site wells; and
(D) an identification of all adjacent
property owners and land uses.
(5) a description of local geologic and
hydrogeologic conditions;
(6) an
inventory and map of all identifiable wells, springs, and surface-water intakes
used as sources of potable water within a 1,500 foot radius of each source area
or within a 1,500 foot radius of the contaminant perimeter, or, if the source
area is unknown, within a 1,500 foot radius of each point where contamination
has been identified at the site;
(7) an evaluation of the site and all
adjacent property for the existence of the following areas if they may have
been affected by the contamination from the site:
(A) sensitive environments;
(B) sensitive populations or property uses;
and
(C) above and below ground
structures and utilities.
(8) a chronological listing of all previous
owners and each period of ownership since the property was originally
developed; ;
(9) operational
history, including aerial photographs and Sanborne Fire Insurance maps if used
to support land-use history;
(10) a
list of all hazardous substances that have been used or stored at the site and
the approximate amounts and dates of use or storage, as revealed by available
written documentation and interviews with a representative number of former and
current employees or occupants possessing relevant information;
(11) the site environmental permit history,
including copies of all federal, State, and local environmental permits, past
and present, issued to the remediating party or within its custody or
control;
(12) a summary of all
previous and ongoing environmental investigations and environmental regulatory
involvement with the site and copies of all associated reports and laboratory
data in public records or within the custody or control of the REC or
remediating party unless the REC confirms that the documents are already
present in the Department's electronic document system for REC site
records;
(13) plans to evaluate the
risk of contaminant migration in any media to:
(A) wells, springs, and surface-water intakes
identified in Subparagraph (6) of this Rule; and
(B) sensitive environments, sensitive
populations or property uses, or above and below ground structures or utilities
identified in Subparagraph (7) of this Rule;
(14) intended procedures for characterizing
site geologic and hydrogeologic conditions and identifying and delineating each
contamination source as to each affected environmental medium, including any
plans for special assessment such as a geophysical survey;
(15) intended methods, locations, depths of,
and justification for all sample collection points for all media sampled,
including monitoring well locations and anticipated screened
intervals;
(16) proposed field and
laboratory procedures for quality assurance and quality control;
(17) proposed analytical parameters and
analytical methods for all samples;
(18) equipment and personnel decontamination
procedures; and
(19) a description
of measures that shall be implemented to protect the health and safety of
nearby residential and business communities in relation to activities of the
remedial investigation.
(i) The REC shall prepare, certify, and
submit remedial investigation reports prepared in compliance with this Rule and
all other applicable requirements. The reports shall contain the following:
(1) an update on meeting the deadlines
required by Rule .0302(h) of this Section and by the remediating party's
agreement with the Department;
(2)
a narrative description of how the investigation was conducted, including a
discussion of all variances from the approved work plan;
(3) a description of groundwater monitoring
well design and installation procedures, including drilling methods used,
completed drilling logs, "as built" drawings of all monitoring wells, well
construction techniques and materials, geologic logs, and copies of all well
installation permits;
(4) a map,
drawn to scale, showing all environmental media sample locations, test pits,
surficial soil samples, soil borings, soil vapor samples, surface water
samples, sediment samples, and monitoring wells in relation to disposal areas
or other sources of contamination identified pursuant to Paragraph (f) of this
Rule. All sample locations shall be surveyed to a known benchmark or flagged
with a secure marker until after the remedial action is completed. Groundwater
elevations shall be surveyed to a known datum. Any survey performed pursuant to
this Paragraph shall be performed by a registered land surveyor duly authorized
under North Carolina law to conduct such activities;
(5) a description of all field and laboratory
quality control and quality assurance procedures followed during the remedial
investigation;
(6) a description of
procedures used to manage drill cuttings, purge water, and decontamination
water;
(7) a summary of site
geologic conditions, including a description of soils and vadose zone
characteristics;
(8) a description
of site hydrogeologic conditions if groundwater contamination is known or
suspected to be present, including current uses of groundwater, notable aquifer
characteristics, a water table elevation contour map with groundwater flow
patterns depicted, and tabulated groundwater elevation data;
(9) tabulation of analytical results for all
sampling including sampling dates and soil sampling depths and copies of all
laboratory reports, including quality assurance and quality control
documentation;
(10) if contaminants
exceed cleanup levels pursuant to Rule .0308 of this Section, soil,
groundwater, surface water, and sediment contaminant delineation maps for each
primary constituent of concern, including scale and sampling points with
contaminant concentrations;
(11) if
contaminants exceed cleanup levels pursuant to Rule .0308 of this Section,
cross sections, including scale and sampling points with contaminant
concentrations;
(12) a description
of the risk of contaminant migration in any media to:
(A) wells, springs, and surface water intakes
identified in Subparagraph (h)(6) of this Rule; and
(B) sensitive environments, sensitive
populations or property uses, or above and below ground structures and
utilities identified in Subparagraph (h)(7) of this Rule;
(13) a description of procedures and the
results of special assessments such as geophysical surveys, immunoassay
testing, soil gas surveys, or test pit excavations; and
(14) color copies of site photographs if used
to provide documentation of the investigation results.
(j) If an REC elects to conduct a pilot
study, or further contaminant characterization is needed to evaluate a
potential remedy, the REC shall prepare, certify, and submit, prior to
implementation, a work plan prepared in compliance with Paragraphs (d) and (e)
of this Rule and other applicable requirements. The work plan shall also
contain a description of additional site characterization, pilot studies, and
treatability studies to be conducted in relation to the site.
(k) If any of the following conditions apply
to the proposed remedial action, the REC shall seek and obtain Department
concurrence with the remedial action prior to implementation by submitting to
the Department a summary of available remedies, their projected costs, and the
reasons why each was accepted or rejected by the REC:
(1) the remedial action will be conducted
entirely on site and for which a permit waiver is desired under
G.S.
130A-310.3(e);
(2) the remedial action includes
institutional controls for restricted use of contaminated areas or media;
or
(3) the remedial action exceeds
the cost set forth in
G.S.
130A-310.9(a).
(l) Thirty days prior to approving
a remedial action plan, the REC shall provide notice of the proposed remedial
action plan to those who have requested notice that such plans have been
developed, as provided in
G.S.
130A-310.4(c)(2). The REC
shall provide proof of such notice and of resulting comments from the public to
the Department prior to approval of the remedial action plan.
(m) Remedial actions that involve the
emission or discharge of hazardous substances to the atmosphere shall be
conducted in a manner that provides for the protection of human health and the
environment, in conformance with this Section and all applicable permits,
approvals, laws, or other rules or regulations.
(n) The REC shall prepare, certify, and
submit, prior to implementation of a contaminant remedy, remedial action plans
prepared in compliance with Paragraphs (d), (e), (k), (l), and (m) of this Rule
and all other applicable requirements. The plans shall contain the following:
(1) a discussion of the results of the
remedial investigation, including media contaminated, contaminants of concern,
the areal and vertical extent of contamination, and the risk of contaminant
migration in any media to any wells, springs, and surface-water intakes,
sensitive environments, sensitive populations or property uses, and above and
below ground structures or utilities identified in Subparagraph (i)(12) of this
Rule;
(2) a statement of objectives
for the remedial action;
(3) an
evaluation of available remedial alternatives using the following feasibility
study criteria:
(A) protection of human health
and the environment, including attainment of cleanup levels;
(B) compliance with applicable federal,
State, and local regulations;
(C)
long-term effectiveness and permanence;
(D) reduction of toxicity, mobility and
volume;
(E) short-term
effectiveness, such as effectiveness at minimizing the impact of the site
remedial action on the environment and the local community;
(F) implementability, such as technical and
logistical feasibility and an estimate of time required for
completion;
(G) cost; and
(H) community acceptance;
(4) a description of the results
of site characterization, pilot studies, or treatability studies that support
the design and a description of the procedures and schedule for construction,
operation and maintenance, system monitoring and performance evaluation, and
progress reporting for the chosen remedial alternative;
(5) a description and conceptual design of
the proposed remedy, including process flow diagrams and pre-design drawings of
all major components of all treatment;
(6) a demonstration that the proposed remedy
is supported by the remedial alternative feasibility study conducted pursuant
to Subparagraph (n)(3) of this Rule;
(7) a description of all activities necessary
to implement the proposed methods of remedial action in compliance with
applicable laws and regulations and in such a manner that cleanup standards are
met. These activities shall include, well installation and abandonment,
sampling, run-on or run-off control, discharge of treated waste streams, and
management of investigation and remedial action derived wastes;
(8) a description of the criteria for
remedial action completion, including procedures for confirmatory
sampling;
(9) a description of
measures that shall be implemented to protect the health and safety of nearby
residential and business communities in relation to activities of the remedial
action; and
(10) equipment and
personnel decontamination procedures.
(o) If, in the opinion of the REC, interim
remedial action is necessary to abate an imminent hazard as defined in
G.S.
130A-310.5(a), or for
removal of waste or chemical sources to protect public health, safety, and
welfare and the environment from hazardous substances migrating toward
receptors or other properties prior to development of a remedial action plan
pursuant to Paragraph (n) of this Rule, the REC shall prepare, certify, and
submit, prior to implementation, an interim remedial action plan prepared in
compliance with Paragraphs (d), (e), (k), (l), and (m) of this Rule and other
applicable requirements that contains the following:
(1) a discussion of the remedial
investigation data collected to date, including media contaminated,
contaminants of concern, the known areal and vertical extent of contamination,
and the risk of contaminant migration in media to any wells, springs, and
surface water intakes, sensitive environments, sensitive populations or
property uses, and above and below ground structures or utilities identified
during the remedial investigation;
(2) a statement of objectives for the interim
remedial action;
(3) a description
and conceptual design of the proposed interim remedial action, including
process flow diagrams and pre-design drawings of all major components of all
treatments;
(4) a description of
all activities necessary to implement the proposed methods of interim remedial
action in compliance with applicable laws and regulations.
(5) a description of measures that shall be
implemented to protect the health and safety of nearby residential and business
communities in relation to activities of the interim remedial action;
and
(6) equipment and personnel
decontamination procedures.
(p) The REC may change an approved remedy. In
such cases, the REC shall prepare a revised remedial action plan in compliance
with Paragraph (n) of this Rule.
(q) The REC shall prepare, certify, and
submit remedial action progress reports in compliance with Paragraph (d) of
this Rule and all other applicable requirements beginning after the REC has
certified approval of the remedial action plan pursuant to Part (b)(5)(B) of
this Rule. Remedial action progress reporting shall continue until remedial
action is complete. Remedial action progress reports shall be submitted
quarterly until one year after the construction of the remedy is complete.
After the first year of progress reporting or if a remedy that includes no
construction component is being implemented, remedial action progress reports
shall be submitted annually until remedial action is complete. Remedial action
progress reports shall include, for the reporting period, an update on meeting
the deadlines in Rule .0302(h) of this Section and the remediating party's
agreement with the Department and the following:
(1) a description of the results of all site
characterization, pilot studies, or treatability studies completed since
certification of the remedial action plan;
(2) the final engineering design report,
including a narrative description of process design, final plans and
specifications, and an updated project schedule;
(3) copies of any final registrations,
permits, and approvals;
(4) "as
built" plans and specifications;
(5) a summary of all problems encountered
during construction;
(6) operation
and maintenance results of the treatment technology utilized, such as summaries
of remedial action operating and maintenance requirements and a discussion of
problems encountered;
(7)
performance evaluation results, including tabulated and graphical presentations
of monitoring data and a comparison of remedial action performance to design
goals;
(8) a description of all
field and laboratory quality control and quality assurance procedures followed
during all sampling and analysis;
(9) tabulation of analytical results for all
sampling and copies of all laboratory reports including quality assurance and
quality control documentation;
(10)
a map, drawn to scale, showing all soil sample and monitoring well
locations;
(11) if contaminants
exceed cleanup levels pursuant to Rule .0308 of this Section, current soil,
groundwater, surface water, and sediment contaminant delineation maps for each
primary contaminant of concern, including scale and sampling points with
contaminant concentrations;
(12) if
groundwater contamination exists at the site in excess of cleanup levels
established pursuant to Rule .0308 of this Section, upon construction
completion certification by the REC and at least every five years thereafter
until remedial action is complete, an update of the information required
pursuant to Subparagraphs (h)(6) and (7) of this Rule shall be included. The
update shall also include an evaluation of the necessity to implement
additional remedial action, and a remedial action plan if the REC determines a
need exists, to address a risk of contaminant migration in any environmental
media to any of the following:
(A) identified
wells, springs, and surface-water intakes;
(B) identified sensitive environments,
sensitive populations, or property uses; and
(C) above and below ground structures or
utilities; and
(13)
sampling and analytical results that demonstrate progress toward achieving
remedial goals.
(r) The
REC shall prepare, certify, and submit final remedial action completion reports
that contain the following, unless provided in a previous progress report:
(1) a final progress report that includes all
the information required pursuant to Paragraph (q) of this Rule;
(2) a summary of remedial action operating
experience and effectiveness in meeting design goals, based on all performance
monitoring data and progress reporting to date; and
(3) a discussion of criteria for completing
the remedial action and a demonstration, supported by confirmatory sampling
data, that such criteria have been satisfied.
(s) In the performance of its role pursuant
to the rules in this Section, the REC shall manage investigation and remedial
action derived wastes to provide for the protection of human health and the
environment and comply with all applicable federal, State, and local laws,
rules, and regulations.
Authority
G.S.
130A-310.12(b);
Eff. April 1, 1997;
Readopted Eff. July 1,
2020.