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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
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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
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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.”
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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
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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
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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
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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
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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
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Public Comments - 2T & 2U Revisions
Support for proposed revisionsRecommendation:Be happy!Don’t allow re-use offlowbackwater for hydraulic fracturingRecommendation:No change
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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
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Final Recommendation
Adopt proposed 15A NCAC 2H .1030 with recommended text changesAdopt proposed 2T & 2U rule revisions withnotext changes
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Hearing Officer Comments/Questions for Staff
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Recommendation to Adopt Water Quality ... - North Carolina