January 20, 2017 Readoption of 15A NCAC 13B Solid Waste Management Rules Ellen Lorscheider, Ed Mussler, Jason Watkins, Tony Gallagher, and Jessica Montie – Solid Waste Section, Division of Waste Management
Rules for Readoption Rule Section Readoption All on schedule for readoption. Need to .0100 - General Provisions address NWRA comments on .0103, .0104, and .0106. All on schedule for readoption. Need to .0200 - Permits for Solid address NWRA comments on .0201 (re: Waste Mgmt Facilities land farms), .0202, and .0203. All on schedule for readoption. Need to .0300 - Treatment and address NWRA comments on .0301 and Processing Facilities .0302. All on schedule for readoption. Need to .0400 - Transfer Facilities address NWRA comments on .0401. Department of Environmental Quality 2
Rules for Readoption Rule Section Readoption All on schedule for readoption except .0560 Land Clearing and Inert Debris .0500 - Disposal Sites Landfills is repealed. Need to address NWRA comments on rule set. .0600 - Monitoring All on schedule for readoption Requirements .0700 - Administrative All on schedule for readoption. Need to Penalty Procedures address NWRA comments on .0701. All on schedule for readoption except .0830 Septage Management Incorporation .0800 - Septage by Reference (to 40 CFR 257 and 40 Management CFR 503) is automatically readopted. Need to address comments on .0831. Department of Environmental Quality 3
Rules for Readoption Rule Section Readoption All on schedule for readoption, except .1112 Scrap Tire Hauler is repealed. .1100 - Scrap Tire Need to address comments on .1102, Management .1104, .1107, and .1111; and NWRA comments on .1105. All on schedule for readoption. Need to .1200 - Medical Waste address comments on .1205, .1206, and Mgmt .1207. .1300 - Disposition of Fetal All on schedule for readoption Remains .1400 - Solid Waste All on schedule for readoption. Need to Compost Facilities address NWRA comments on .1402. Department of Environmental Quality 4
Rules for Readoption Rule Section Readoption .1500 - Standards for Being reviewed separately by RRC in Nov Special Tax Treatment of 2017. The initial determination for .1510 Recycling and Resource Severability is necessary without interest Recovery Equipment and and .1511 Pamphlet is unnecessary. Facilities NWRA comments on .1502. .1600 - Requirements for All on schedule for readoption. Need to Municipal Solid Waste address public comments on .1633, .1634 Landfill Facilities (4 comments), and .1635; and NWRA comments. .1700 - Requirements for Beneficial Use of Coal All on schedule for readoption. Combustion By-Products Department of Environmental Quality 5
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) / July 12, 2017 GWWMC Propose readoption deadline (at their request) / RRC August 2017 DWM to propose 3-5 year deadline (2020-2022) Commence Rulemaking to re-adopt rules in September 2017 accordance with APA / GWWMC * Note – .1500 rule set is on a separate schedule, to be reviewed by RRC in Nov 2017 Department of Environmental Quality 6
Readoption Draft Schedule RULES WITH MINIMAL CHANGES Action / Responsibility Date Draft Rule changes for Agency approval, RRC February 2017-June 2017 pre-review, Draft Regulatory Impact Analyses Approval of Regulatory Impact Analyses / OSBM June 2017-August 2017 Approval of Rule Text and RIA to go to EMC / September 13, 2017 GWWMC Approval of Rule Text to go to public comment / November 9, 2017 EMC 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 7
Readoption Draft Schedule RULES WITH SUBSTANTIAL INTEREST Action / Responsibility Date Draft Rule changes for Agency approval, RRC pre- February 2017-December review, Draft Fiscal Notes 2017 Approval of Fiscal Note / OSBM January 2018 – March 2018 Approval of Rule Text and FN to go to EMC / May 9, 2018 GWWMC Approval of Rule Text and FN to go to public July 11, 2018 comment / EMC 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 8
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 9
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 10
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 11
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 12
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 13
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