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Recommendation to Adopt Water Quality ... - North Carolina

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Recommendation to Adopt Water Quality Rules in Response to S.L. 2012-143
Evan Kane, DWRKen Pickle, DEMLRJonRisGAARD, DWR
Session Law2012-143
Ratified in July 2012Created Mining & Energy CommissionUpdated statutory regulations of oil & gas activitiesDirected Environmental Management Commission, Commission for Public Health, and Mining & Energy Commission to adopt necessary rules by January 1, 2015
EMC Rulemaking Responsibilities
Stormwater control for oil & gas exploration and development sites;Regulation of toxic air emissions from drilling operations;“…matters within its jurisdiction that allow for and regulate horizontal drilling and hydraulic fracturing for the purpose of oil and gas exploration and development.”
Proposed EMC Water Quality Rule Revisions
Adopt:15A NCAC 2H .1030 – New Stormwater ruleAmend:15A NCAC 2T – Wastes not discharged to surface waters2T .0113 – Permitting by Regulation2T .1001 – Closed-loop recycle2T .1501 – Soil Remediation15A NCAC 2U – Reclaimed Water2U .0113 - Permitting by Regulation
Public Comment Process
Draft rules published online and in NC Register June 2, 2014Press releaseComments accepted June 2 through August 1, 201420 persons submitted written commentsPublic hearing in Sanford, July 1, 2014~80 attendees15 speakers
Selected Public Comments & Recommendations - Stormwater
Address commingling of stormwater with wastesRecommendation:Modify.1030(a)(3) toclarify any discharges other than stormwater must be covered by separate permitRequire Public Hearings on Stormwater Permits for O&G sitesRecommendation:Modify .1030(b)(3) to allow Director to request public comment on permit applicationRequire severe weather prep and response plans as part of a new Stormwater Pollution Prevention PlanRecommendation:Modify .1030(b)(6) to require analogto NPDES Stormwater PollutionPreventionPlan
Selected PublicComments & Recommendations - Stormwater
Require written certification of BMP construction and require inspection by DENR before operationRecommendation: Modify .1030(c)(3) to require submission of certification 3 days beforespuddingthe well1” rainfall insufficient as basis for designRecommendation:Modify .1030(c)(4) to useonlyP90 rainfall as basis fordesign(~1.5”)Specify TSS threshold per storm, rather than average % removalRecommendation:No changeAdd skimming requirement for structural BMPsRecommendation:Nochange
Selected PublicComments & Recommendations - Stormwater
Require self-inspections similar to Construction Stormwater General PermitRecommendation:Modify .1030(c)(7) to add self-inspections of BMPs during the clearing and grading phaseExtendrule coverage beyond well padRecommendation:Add new.1030(c)(8) to extend rule coverage to access/haul roads to well padSelf-inspection/self-monitoringinsufficientRecommendation:No change; DENR authorized by statute to inspectSpecify fines and penaltiesRecommendation:No change; penalties authorized bystatute
Public Comments - 2T & 2U Revisions
Support for proposed revisionsRecommendation:Be happy!Don’t allow re-use offlowbackwater for hydraulic fracturingRecommendation:No change
PublicComments- Other
EMC should adopt regulations for air emissions from oil & gas operationsResponse:Federalair quality rules applicable to oil & gas already adopted by reference in the NC air qualityrulesResponse:EMC briefed on air quality regulations in November 2013Require/implement air monitoringResponse:Monitoring station in Lee County established by DAQ in November 2013Don’tallow landfilling of wastes from oil and gasoperationsResponse:Solid waste regulations & permits set requirements for acceptance of industrial wastes
Final Recommendation
Adopt proposed 15A NCAC 2H .1030 with recommended text changesAdopt proposed 2T & 2U rule revisions withnotext changes
Hearing Officer Comments/Questions for Staff





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Recommendation to Adopt Water Quality ... - North Carolina