1. Jessica Montie Solid Waste Section Division of Waste Management
April 6, 2017
Readoption of 15A NCAC 13B
Solid Waste Management Rules
Jessica Montie Solid Waste Section Division of Waste Management

2. Periodic Rule Review
N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years.
Solid Waste Management Rules found in 15A NCAC 13B will be going through readoption process over the next 2-3 years.
Deadline to readopt all rules will be set by Rules Review Commission in the next few months, likely around 2020.
Section is interested in getting comments or suggestions for consideration at drafting stage, as once rule process is started, making changes is difficult and may require that rule process be started over.
Department of Environmental Quality

3. Rules with Substantial Interest
5 working groups established for Rules with Substantial Interest, drafting rule changes March to December 2017:
MSW and C&D Landfills (.0500 and rules)
Transfer Stations (.0400 rules)
Environmental Monitoring (parts of .0500, .0600, and rules)
Financial Assurance (new FA rule set)
Septage and Compost (.0800 and rules)
Most groups have members of NC SWANA, Industry (NWRA), NC Solid Waste Section, and Environmental Groups (Conservation Network), who represent and communicate with their stakeholders, committed to monthly meetings and participation.
Department of Environmental Quality

4. SWANA and DWM Representatives
MSW and C&D Landfill
- SWANA - Mike Plummer (HDR) and Kenton Yang (CDM)
- DWM SWS - Ed Mussler
Environmental Monitoring
SWANA - Joan Smyth (Smith-Gardner)
- DWM SWS – Jackie Drummond
Transfer Stations
SWANA - Joe Hack (Mecklenburg County)
- DWM SWS – Jason Watkins
Financial Assurance
- SWANA - John Roberson (Wake County)
- DWM SWS – Sarah Rice
Septage and Compost
- SWANA – No directly involved, Joe Hack to monitor
- DWM SWS – Tony Gallagher
Department of Environmental Quality

5. Working Groups Meetings:
All Groups met for first time on March 1st in Raleigh
MSW & C&D Landfill to meet today at noon in this room
Envir. Monitoring just met Monday, next one May 4th ( )
Transfer Station conf call is this Monday, April 10th ( )
Financial Assurance to meet on April 26th ( )
Septage/Compost to meet on May 26th
As mentioned previously, NC SWANA has set up Forums on their website to disseminate information for these 5 groups.
Ideas or suggestions for rule changes can be submitted through the NC SWANA representatives.
Department of Environmental Quality

6. Readoption Draft Schedule
RULES WITH SUBSTANTIAL INTEREST
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

7. Remaining Rules
For remaining rules where no group has been formed, the Section is accepting comments between now and end of June while updates are being drafted:
.0100 Definitions
.0200 Permits
.0300 Treatment and Processing
.0700 Penalties
.1100 Scrap Tires
.1200 Medical Waste
.1300 Fetal Remains
.1500 Tax Certifications
Comments can be submitted through SWANA, or ed to
Department of Environmental Quality

8. Readoption Draft Schedule
REMAINING RULES
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
Note Rules will be on a later schedule
Department of Environmental Quality

9. Rule Language
Financial impact – All financial impacts (both costs and benefits, to regulated community, state and local gov’t, and public) from rule changes will have to be analyzed and quantified in a report for approval by the Office of State Budget and Management.
Rules Review Commission is not approving vague or ambiguous text – rule language must be clear, defined, concise, and legally defensible. Requirements must have clear statutory authority. Can’t repeat statute language. Remove unnecessary language.
Rules that haven’t been changed recently may need multiple changes to satisfy RRC requirements, even if no changes are initially recommended by Section.
Department of Environmental Quality

10. Example: Section Proposed Changes

11. All changes made through rule process

12. Rule Readoption Webpage
Solid Waste Section webpage for Rule Readoption process:
section/rulereview

13. Solid Waste Section – Under Topics - Rules

14. On Rule page – Periodic Review and Readoption of Existing Rules

15. SW Section Contacts
Jessica Montie, Section Rule Coordinator Ed Mussler, Permitting Branch Head Jason Watkins, Field Operations Branch Head Tony Gallagher, Composting and Land Application Branch Head Ellen Lorscheider, Solid Waste Section Chief
Department of Environmental Quality