Readoption of 15A NCAC 13B Solid Waste Management Rules Ellen - - PowerPoint PPT Presentation

Ellen Lorscheider, Ed Mussler, Jason Watkins, Tony Gallagher, and Jessica Montie – Solid Waste Section, Division of Waste Management

January 20, 2017

Readoption of 15A NCAC 13B Solid Waste Management Rules

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Rules for Readoption

Department of Environmental Quality

Rule Section Readoption .0100 - General Provisions All on schedule for readoption. Need to address NWRA comments on .0103, .0104, and .0106. .0200 - Permits for Solid Waste Mgmt Facilities All on schedule for readoption. Need to address NWRA comments on .0201 (re: land farms), .0202, and .0203. .0300 - Treatment and Processing Facilities All on schedule for readoption. Need to address NWRA comments on .0301 and .0302. .0400 - Transfer Facilities All on schedule for readoption. Need to address NWRA comments on .0401.

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Rules for Readoption

Department of Environmental Quality

Rule Section Readoption .0500 - Disposal Sites All on schedule for readoption except .0560 Land Clearing and Inert Debris Landfills is repealed. Need to address NWRA comments on rule set. .0600 - Monitoring Requirements All on schedule for readoption .0700 - Administrative Penalty Procedures All on schedule for readoption. Need to address NWRA comments on .0701. .0800 - Septage Management All on schedule for readoption except .0830 Septage Management Incorporation by Reference (to 40 CFR 257 and 40 CFR 503) is automatically readopted. Need to address comments on .0831.

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Rules for Readoption

Department of Environmental Quality

Rule Section Readoption .1100 - Scrap Tire Management All on schedule for readoption, except .1112 Scrap Tire Hauler is repealed. Need to address comments on .1102, .1104, .1107, and .1111; and NWRA comments on .1105. .1200 - Medical Waste Mgmt All on schedule for readoption. Need to address comments on .1205, .1206, and .1207. .1300 - Disposition of Fetal Remains All on schedule for readoption .1400 - Solid Waste Compost Facilities All on schedule for readoption. Need to address NWRA comments on .1402.

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Rules for Readoption

Department of Environmental Quality

Rule Section Readoption .1500 - Standards for Special Tax Treatment of Recycling and Resource Recovery Equipment and Facilities Being reviewed separately by RRC in Nov

• 2017. The initial determination for .1510

Severability is necessary without interest and .1511 Pamphlet is unnecessary. NWRA comments on .1502. .1600 - Requirements for Municipal Solid Waste Landfill Facilities All on schedule for readoption. Need to address public comments on .1633, .1634 (4 comments), and .1635; and NWRA comments. .1700 - Requirements for Beneficial Use of Coal Combustion By-Products All on schedule for readoption.

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Rule Review Draft Schedule

Action / Responsibility Date

Approval of Rule Review Report / RRC * April 20, 2017 Final Report Effective 60 days from submittal / APO June 24, 2017 Propose readoption deadline (not required) / GWWMC July 12, 2017 Propose readoption deadline (at their request) / RRC DWM to propose 3-5 year deadline (2020-2022) August 2017 Commence Rulemaking to re-adopt rules in accordance with APA / GWWMC September 2017 Department of Environmental Quality

* Note – .1500 rule set is on a separate schedule, to be reviewed by RRC in Nov 2017

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Readoption Draft Schedule

Action / Responsibility Date

Draft Rule changes for Agency approval, RRC pre-review, Draft Regulatory Impact Analyses February 2017-June 2017 Approval of Regulatory Impact Analyses / OSBM June 2017-August 2017 Approval of Rule Text and RIA to go to EMC / GWWMC September 13, 2017 Approval of Rule Text to go to public comment / EMC November 9, 2017 Public Comment Period / OAH Dec 15, 2017 – Feb 13, 2018 Approval of Hearing Off. Rpt and Rule text / EMC March 8, 2018 Approval of Rule / RRC April 19, 2018 Proposed effective date May 1, 2018 Department of Environmental Quality

RULES WITH MINIMAL CHANGES

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Readoption Draft Schedule

Action / Responsibility Date

Draft Rule changes for Agency approval, RRC pre- review, Draft Fiscal Notes February 2017-December 2017 Approval of Fiscal Note / OSBM January 2018 – March 2018 Approval of Rule Text and FN to go to EMC / GWWMC May 9, 2018 Approval of Rule Text and FN to go to public comment / EMC July 11, 2018 Public Comment Period / OAH Aug 1, 2018 – Oct 2, 2018 Approval of Hearing Officer’s Report, Rule / EMC November 8, 2018 Approval of Rule / RRC December 20, 2018 Proposed effective date January 1, 2019 Department of Environmental Quality

RULES WITH SUBSTANTIAL INTEREST

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Working Groups

• Website for Rule Readoption and Meeting info:

http://deq.nc.gov/about/divisions/waste-management/solid- waste-section/rules-review

• Section suggests setting up at least 5 working groups to

meet monthly between February and December 2017, or until a Draft Rule is ready (suggestions for other groups are welcome):

• MSW and C&D Landfills (.0500 and .1600 rules)
• Transfer Stations (.0400 rules)
• Environmental Monitoring (.0500, .0600, and .1600 rules)
• Financial Assurance (create new .1800 FA Rule set for

multiple facility types)

• Septage (.0800 rules)

Department of Environmental Quality

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Working Groups

• Entities shall designate an individual to represent them in each

working group in which they wish to participate.

• The representative must commit to monthly meetings for 6-12

months, be willing to review materials outside of monthly meetings, be willing to provide written feedback to the group, and communicate with other similar stakeholders whom you will represent.

• Groups will designate coordinator(s) to schedule meetings, set

agendas, take meeting minutes, keep a running draft rule, and supply all of this information to the Section (Jessica) to post on the website monthly.

• The Section is very interested in any suggestions for these or

any other working groups. Feedback is welcome - we want to make sure everyone is heard.

Department of Environmental Quality

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Working Groups

• Working groups should have between 6 and 8 members
• The following should be represented in some way in each

group:

• SWANA
• Industry
• Environmental Groups
• DEQ
• Other possible members to include:
• DEACS
• Member of EMC’s Groundwater and Waste Management

Committee

• Association of County Commissioners
• League of Municipalities
• At large interested individuals
• Banking Institutions for FA

Department of Environmental Quality

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Drafting Rule Language

Things to remember when drafting rule language:

• Financial impact – Always consider the financial impact when

suggesting a change. A regulatory impact analyses or more detailed fiscal notes are going to be written for all rule changes, which OSBM will have to approve.

• Legal review – RRC attorneys will do a pre-review of the draft

changes – vague or ambiguous text will not be allowed, must be clear and concise and legally defensible.

• Public comments – try to anticipate any potential comments that

could be received during public comment before making changes. Better to avoid having to return to public comment or return to multiple EMC meetings with changes.

Department of Environmental Quality

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SW Section Contacts

Jessica Montie, Section Rule Coordinator jessica.montie@ncdenr.gov, 919-707-8247 Ed Mussler, Permitting Branch Head ed.mussler@ncdenr.gov, 919-707-8281 Jason Watkins, Field Operations Branch Head jason.watkins@ncdenr.gov, 336-776-9674 Tony Gallagher, Composting and Land Application Branch Head tony.gallagher@ncdenr.gov, 919-707-8280 Ellen Lorscheider, Solid Waste Section Chief ellen.lorscheider@ncdenr.gov, 919-707-8245 Department of Environmental Quality