readoption and amendments to 15a ncac 13b sections .0100 - .0700 and .1300 for solid ... · 2020....

Readoption and Amendments to 15A NCAC 13B Sections .0100 - .0700 and .1300 for Solid Waste Management

August 17, 2020

Division of Waste Management, Solid Waste Section

Overview

The Division of Waste Management and the Environmental Management Commission are seeking public comment on:• Readoption and amendments to 15A NCAC 13B Sections:

• .0100 – “General Provisions”• .0200 – “Permits for Solid Waste Management Facilities”• .0300 – “Treatment and Processing Facilities”• .0400 – “Transfer Facilities”• .0500 (except .0531-.0546) – “Disposal Sites”• .0600 - “Monitoring Requirements”

• Repeal of Sections .0700 and .1300, the majority of which are repeating general statutelanguage.

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Department of Environmental Quality

Overview

Existing rules establish the following requirements:• Section .0100 provides definitions that apply to all of Subchapter 13B, and

establishes general requirements for the management of solid waste in NorthCarolina.

• Section .0200 establishes the requirement for a permit for solid waste managementfacilities, permit application requirements, permit approval and denial requirements,recordation of land disposal permits, and requirements for life-of-site permits forsanitary landfills and transfer stations.

• Section .0300 establishes application and operational requirements for treatmentand processing facilities.

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Overview

Existing rules establish the following requirements:• Section .0400 establishes application and operational requirements for transfer

facilities.• Section .0500 (except .0531 - .0546) establishes siting, design, application,

operation, and closure requirements for industrial solid waste landfills, incinerators,and land clearing and inert debris landfills, and general requirements for beneficialfill activities that do not require a permit.

• Section .0600 establishes groundwater and surface water monitoring requirementsfor sanitary landfills that are not subject to Rules .0531 - .0546 or Section .1600 ofthe Subchapter.

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Overview

• The rules are proposed for readoption pursuant to G.S. 150B-21.3A.• The Rules Review Commission established a deadline of April 30, 2021 for the readoption of

Rules in 15A NCAC 13B Solid Waste Management.• The proposed rules include changes recommended by Rules Review Commission staff in a

pre-review.• Proposed amendments were drafted for these rules to address corrections and updates to

information, and to remove outdated or unnecessary language.• The Fiscal Note for Section .0400 was approved by OSBM on April 13, 2020; and indicated

impacts to state and local government and private industry, but no substantial economicimpact.

• The Fiscal Note for Sections .0100, .0200, .0300, .0500, and .0600 was approved by OSBMon May 6, 2020, and indicated impacts to state and local governments and private industry,but no substantial economic impact.

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Proposed Rule-Making Schedule (subject to change)

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Action / Responsibility Date

Approval of Rule Text to go to EMC / GWWMC May 6, 2020

Approval of Rule and RIA for public comment / EMC July 9, 2020

Public Comment Period August 17, 2020 – October 16, 2020

Public Hearing Dates September 22 and 24, 2020

Approve Hearing Officer’s Report and RIA, Adopt Rules / EMC November 19, 2020

Approval of Rules / RRC December 17, 2020

Proposed effective date January 1, 2021

Summary of Rule Changes

• Rule .0101 Definitions is proposed for amendment to consolidate definitions thatwere found in other Sections of the Subchapter so that these definitions are found inone place, and to add new definitions for terms that were ambiguous or not welldefined. Definitions were also removed for terms that were no longer necessary.

• Rule .0103 is proposed for amendment to remove the “waste determination”description since this requirement is no longer applicable. Determination ofhazardous waste is regulated under federal regulations and rules in 15A NCAC 13A.Facility operators are required to screen for wastes they are not permitted to receive.Language that is still needed from Rule .0703 (proposed for repeal) regardingadministrative penalties is being added here.

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• Rule .0201 is proposed with minimal amendments for corrections and updates, and to clarify statute requirements applicable to all solid waste management facilities for allowing access for inspections, submitting an application for a change in ownership, ensuring continuation of financial assurance.

• Rule .0202 is proposed with an amendment to allow continued operations if a permit application is submitted prior to expiration of an existing permit.

• Rule .0203 is proposed with minimal amendments for corrections and updates.• Rule .0204 is proposed for repeal because the recordation requirements for permits

are found in G.S. 130A-301(a) through (e).• Rule .0207 is proposed for amendment to make technical corrections.

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• Rule .0208 is a proposed new rule to allow permit exemptions for sites that meet the definitions for a“collection center” or a “temporary debris storage and reduction site” (definitions proposed to be addedto Rule .0101) as long as the sites meet the requirements provided in this Rule.

• “Collection center” means a collection point for the temporary storage of solid waste for individual residentialhouseholds who choose to transport solid waste generated on their own property to a facility owned oroperated by a local government, rather than directly to a disposal facility permitted in accordance with therules of this Subchapter.

• “Temporary debris storage and reduction site” means parcels of land that are reviewed by the Division andestablished for disaster recovery to assist with local and State compliance with the Robert T. StaffordDisaster Relief and Emergency Assistance Act, Public Law 93-288, as amended.

• Neither of these site types has historically been required to obtain permits from the Division foroperation, but the site types that qualify were somewhat ambiguous or not clearly defined, and inputfrom stakeholders and FEMA indicated that defining these sites and adding requirements forexemption would provide much needed clarification.

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• Rules .0301 and .0302 are proposed for amendment to clarify basic siting and closure requirements that are required in practice for permit approval, or are required by permit condition.

• Amendments to Rule .0301 clarify the types of information required to be submitted in site and operational plans, that have been required in practice for permit approval.

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Transfer Station Rules are proposed as follows:

• .0401 – Purpose and Applicability (titled Application Requirements in existing rule)

• .0402 – General Requirements (titled Operational Requirements in existing rule)

• .0403 – Siting Requirements (new rule)

• .0404 – Application Requirements (new rule, moved from .0401)

• .0405 – Facility Plan (new rule)

• .0406 – Operational Requirements (new rule, moved from .0402)

• .0407 – Closure Requirements (new rule)

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.0401 - Purpose and Applicability• Adds language to clarify and describe the purpose of the rule section and the

facilities or waste types the rule applies to.• Establishes a process for facilities that may not currently comply with the rule set

to conduct a self-assessment and work with the Division on a time frame totransition to compliance with this rule set after rules are effective (similar to thetransition period for landfills when rules changed).

• Adds clarifications for service areas, and out-of-state waste, and life-of-site permitrequirements for transfer facilities.

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.0402 – General RequirementsAdds general requirements similar to language in the landfill rules that states or refers to requirements established in various statutes or other rules in Subchapter 13B, to clarify that transfer facilities are subject to the existing general requirements.

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.0403 – Siting and Design RequirementsAdds more specific siting requirements consistent with other solid waste management facilities that refer to and ensure compliance with federal and state laws and rules and local ordinances.

• Endangered species• Historic sites• Floodplains, and wetlands, and other clean water act restrictions• Zoning and buffer requirements.• Rule .0402 excludes facilities built prior to new rule effective date from the new siting

requirements; and requires them to continue to comply with existing permitrequirements.

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.0403 – Siting and Design Requirements (continued)Adds more specific design requirements consistent with other solid waste management facilities to ensure compliance with federal and state laws and rules and local ordinances for protection of human health and environment.

• Waste shall be on impervious surface and covered to prevent leachate generation• Refer to G.S. 130A-309.05 for waste stored on site• Designed to handle expected waste types and volumes• Handling and collection of leachate• Refer to Rule .0105 for solid waste vehicles, containers• Odor control, surface water control, vector control• Traffic control, road to allow access, secure to prevent unauthorized access• Rule .0402 excludes facilities built prior to new rule effective date from the design requirements

for impervious surfaces and cover for all waste handling areas unless it is required in theexisting permit (note that tipping floors would already meet these requirements by permitcondition at most existing facilities).

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.0404 – Application RequirementsClarifies application requirements for transfer facilities consistent with other solid waste management facilities to ensure compliance with general statutes and .0200 rules in this Subchapter.

• Refers to statutes for fees and to the rules in Section .0200 for parts of permit.• Clarifies when permit applications and construction certifications need to be submitted.• Clarifies the contents of plans required to be submitted in existing Rule .0401(1).• Splits out construction plan and closure plan requirements into plans separate from

the site plan and operations plan.• Refers to statutes for financial responsibility, compliance history, and traffic studies.

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.0405 – Operational RequirementsClarifies the operational requirements for transfer facilities in existing rule .0402 to be consistent with other solid waste management facilities, and to ensure compliance with statutes and protection of human health and the environment. These requirements are currently included in most facility operations plan submitted per existing Rule .0401(1).

• Dust, Odor, Windblown Waste, Vector (rodents, insects) and Noise Control• Refers to 02L for groundwater and surface water protection, leachate collection and control• Fire Protection and Control (reference to Div. of Air Quality, screening, equipment, notification)• Refers to 04C for erosion and sedimentation control• Clarifies existing training requirements• Waste screening and prohibited wastes• Cleaning and Maintenance• Recordkeeping• Access Control

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.0406 – Closure RequirementsClarifies the requirements for closure of transfer facilities to be consistent with other solid waste management facilities, and to ensure compliance with statutes and protection of human health and the environment. These requirements are currently included in most facility operations plan submitted per existing Rule .0401(1).

• Notification Required• Schedule• Waste Removal• Final Inspection• If non-compliant with 02L: Recordation, Land Use Restrictions, Environmental

Monitoring and Corrective Action, Post-closure Care Period required.

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• Rule .0501 is proposed for repeal because the basic requirements for hierarchy of disposal infound in 130A-309.04(a).

• Rule .0502 “Open Dumps” is proposed for repeal as it was intended for the transition of anyexisting dumps prior to the establishment of permitting requirements be closed properly. Illegaldumping is now considered a violation of the requirement to obtain a permit under Section .0200;and the procedures for recording an illegal dump if it is not cleaned up are found in G.S. 130A-301(f).

• Rules .0503 through .0510 are proposed for amendment to clarify the types of facilities they applyto, since construction and demolition landfills and municipal solid waste landfills are now subjectto Rules .0531 - .0546 and Section .1600 of the Subchapter, respectively. Additionalrequirements were updated to be consistent with other landfill rules in the Subchapter andgeneral statutes.

• Rule .0562 is being amended to clarify the requirements for a beneficial fill activity to be exemptfrom permitting in accordance with 130A-294(m).

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• Rule .0563 is being amended to require that a permit be obtained for all land clearing and inert debrislandfills, instead of only being required for those over 2 acres in size. G.S. 130A-301.1 establishesrequirements for on-site disposal of land clearing and inert debris under a half-acre in size.

• Rule .0567 is a proposed new rule to provide more specific closure and post-closure requirements for land-clearing and inert debris landfills, consistent with changes to other rules in the Subchapter and other facilitytypes, ensuring consistency in closure requirements for all facilities.

• Section .0600 is being updated to clarify the types of facilities that the rules apply to, since construction anddemolition landfills and municipal solid waste landfills are now subject to Rules .0531 - .0546 and Section.1600 of the Subchapter, respectively; and to reference applicable rules and standards in 15A NCAC 02Land 02B.

• Section .0700 is proposed for repeal because the requirements for appeals and hearings in these rules arenow found in G.S. 150B, and the factors used for determining a penalty amount are now found is G.S.130A-22(d). Some minor deadlines and references to the statutes are being moved to Rule .0103(h).

• Section .1300 is proposed for repeal because the requirements are found in G.S. 130A-131.10.

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readoption and amendments to 15a ncac 13b sections .0100 - .0700 and .1300 for solid ... · 2020....

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