Julie Woosley, Division of Waste Management Environmental Management Commission March 9, 2017 Temporary Rulemaking Hazardous Waste Generator Improvements Rule Julie Woosley, Division of Waste Management

Hazardous Waste Generator Improvements Rule Presentation Topics: Overview of Federal Regulation and Requirements Rulemaking Requirements Why this rule is different & requires temporary rulemaking Timeline Summary of Proposed Temporary Rules Request

Hazardous Waste Generator Improvements Rule Regulation Overview: Published in Federal Register on Nov. 28, 2016 Effective on federal level on May 30, 2017 Promulgated over 60 revisions and new provisions to the hazardous waste generator regulatory program in RCRA Will affect all hazardous waste generators in NC: Large Quantity Generators (LQGs) - 735 Small Quantity Generators (SQGs) - 1764 Conditionally Exempt Small Quantity Generators (CESQG) - 4914 ~7,400 generators total in NC currently. Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Overview of Regulation Requirements: Consolidates all of the hazardous waste generator regulations in 40 CFR Part 262 Changes term “Conditionally Exempt Small Quantity Generator” to “Very Small Quantity Generator” (VSQG) Allows a VSQG to ship hazardous waste to a LQG under the control of the same operator provided that notification and labeling requirements are met Allows SQG and VSQG to maintain their regulatory status if temporarily generating more hazardous waste due to an episodic event provided notification and tracking requirements are met In order to provide generators with greater flexibility in complying with the RCRA regulations, may allow generators to maintain their regulatory status even though, because of an episodic event, they moved into a higher regulatory status temporarily. Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Adds explanation of what status applies to a facility that generates both acute and non-acute hazardous waste in the same calendar month Requires large and small quantity hazardous waste generators to notify the Hazardous Waste Section on a prescribed schedule Expands waste determination requirements Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Adds additional labeling requirements for containers for both small and large quantity generators Expands the scope of the facility’s hazardous waste contingency plan to include areas where hazardous waste is generated Creates additional management requirements for incompatible wastes Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Deletes obsolete regulations (“Performance Track Members”) Increases requirements for documenting arrangements made by local emergency authorities Allows a facility to receive a variance from the Fire Dept. for the storage of ignitable and reactive waste to be stored less than 50 feet from the property line Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Rulemaking Requirements: Per EPA, NC (as an Authorized State for the RCRA Program) must complete rulemaking within two years if rule adoption is required Typically state rulemaking does not begin until the federal regulation is effective Authorized States must be at least as stringent as the federal regulations Less stringent requirements of this federal regulation are not required to be adopted by the States Department of Environmental Quality

Hazardous Waste Generator Improvements Rule The 15A NCAC 13A rules currently include the language: “…is incorporated by reference including subsequent amendments and editions” Many parts of the new regulation would be automatically incorporated by reference on May 30, 2017 without state rulemaking Other parts of the regulation require rulemaking in order to be included in 15A NCAC 13A Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Why this rule is different and requires temp rulemaking: Once this rule is effective on May 30, 2017: Rules integral to the RCRA program would be vacated from the Code automatically Causing a gap in the NC hazardous waste regulatory program Rules will not be enforceable for about ~ 9 months This will occur before permanent state rulemaking can adopt the new federal regulatory requirements that replace the rules removed/moved through automatic incorporation by reference Why we are coming to you now: We typically don’t start rulemaking until after the Federal Rule goes into effect. There could be challenges to the rule or stays or it could be overturned, so we generally wait to start the rulemaking process. HWS had planned to incorporate these rule changes into our rules review rulemaking process to allow greater stakeholder input. The EPA generally creates a rulemaking “crosswalk” to aid states in adoption of new rules. This document would identify which rules are more stringent and require adoption by authorized states, and which are less stringent and do not require state adoption. The crosswalk for this rule has not yet been created by EPA, so we created our own, which is how we identified this issue. Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Temporary rulemaking is requested to un-adopt provisions of the federal regulation that automatically become effective May 30, 2017 to prevent a gap in the NC hazardous waste regulatory program Findings of Need for the temporary action are due to a change in a federal regulation Permanent rulemaking will then occur so all parts of the rule becomes effective at the same time Increased opportunity for stakeholder input Increased opportunity for compliance assistance to the regulated public Permanent rules are anticipated to be effective ~ January - March 2018 Department of Environmental Quality

Timeline for Rulemaking Schedule – Option 1 Steps of Process Temporary Permanent GWWMC March 8, 2017 July 12, 2017 OSBM approval Fiscal Note N/A Before September 14, 2017 (June 2017 - August 2017) EMC March 9, 2017 September 14, 2017 Rule submitted to OAH: place on web and sent to interested parties March 10, 2017 September 25, 2017 Rule published on OAH website (within 5 business days of submission) March 17, 2017 NC Register publication date (only permanent) October 16, 2017 Public Comment Period (15 business days for temporary; 60 days for permanent) March 17, 2017 – April 7, 2017 October 16, 2017 – December 15, 2017 Public Hearing (5 days from publication- only for temporary; 15 days after publication in Register - permanent) Any time after March 23, 2017 Any time after October 31, 2017 EMC adopts at least 30 business days from submission to OAH and sent to interested persons) May 11, 2017 EMC Adopts January 11, 2018 Submit to RRC May 12, 2017 January 19, 2018 RRC Review meeting date and approved May 18, 2017 February 15, 2018 Proposed effective date and entered into code May 30, 2017 March 1, 2018 Rule published in Register (only for temp rule) June 15, 2017 Temporary rule expires 270 days from publication date in NC Register March 12, 2018

Timeline for Rulemaking Schedule – Option 2 Steps of Process Temporary Permanent GWWMC March 8, 2017 May 10, 2017 OSBM approval Fiscal Note N/A Before July 13, 2017 (March 2017-June 2017) EMC March 9, 2017 July 13, 2017 Rule submitted to OAH: place on web and sent to interested parties March 10, 2017 July 25, 2017 Rule published on OAH website (within 5 business days of submission) March 17, 2017 NC Register publication date (only permanent) August 15, 2017 Public Comment Period (15 business days for temporary; 60 days for permanent) March 17, 2017 – April 7, 2017 August 15, 2017 – October 16, 2017 Public Hearing (5 days from publication- only for temporary; 15 days after publication in Register - permanent) Any time after March 23, 2017 Any time after August 30, 2017 EMC adopts at least 30 business days from submission to OAH and sent to interested persons) May 11, 2017 EMC Adopts November 9, 2017 Submit to RRC May 12, 2017 November 20, 2017 RRC Review meeting date and approved May 18, 2017 December 1, 2017 Proposed effective date and entered into code May 30, 2017 January 1, 2018 Rule published in Register (only for temp rule) June 15, 2017 Temporary rule expires 270 days from publication date in NC Register March 12, 2018

Summary of Proposed Temporary Rules For temporary action, propose revising parts of 12 sections of 15A NCAC 13A: 15A NCAC 13A .0101 Un-adopt technical changes in General provisions - 260.3 & 260.11 15A NCAC 13A .0102 Un-adopt the new definitions in 260.10 (referring to rules that are not yet adopted) Department of Environmental Quality

Summary of Proposed Temporary Rules 15A NCAC 13A .0106 Un-adopt the change of terms CESQG to VSQG and rule references to VSQG (referring to rules that are not yet adopted) in 261.1, 261.6, 261.33 Un-adopt the removal of the existing CESQG regulations in 261.5 Un-adopt technical change in 261.4 Un-adopt requirement for recycling facilities to submit biennial report in 261.6 Un-adopt the addition of personnel training requirements for facilities generating hazardous secondary materials in 261.420 Department of Environmental Quality

Summary of Proposed Temporary Rules 15A NCAC 13A .0107 Un-adopt additional scope of rules in 262.10 (referencing terms that are not adopted yet) Un-adopt additional waste determination requirements in 262.11 Un-adopt the removal of the existing notification requirements in 262.12 Un-adopt update of rule headings in 262 Subpart B, C, D, and additional marking requirements for pre-transportation in 262.32 Un-adopt the removal of the existing SQG and LQG requirements in 262.34 Un-adopt additional reporting requirements in 262.40 - 262.44 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Academic Lab provisions in 262.200 - 262.216 Department of Environmental Quality

Summary of Proposed Temporary Rules 15A NCAC 13A .0108 Un-adopt additional transfer facility requirements in 263.12 15A NCAC 13A .0109 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Permitted Facility provisions - 264.1, 264.71, 264.1030, 264.1050 Un-adopt removal of reference to Performance Track Member in 264.15, 264.174, 264.195, 264.1101 Un-adopt removal of biennial report instructions in 264.75 Un-adopt technical change in 264.170 & 264.191 Department of Environmental Quality

Summary of Proposed Temporary Rules 15A NCAC 13A .0110 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Interim Status Permitted Facility provisions - 265.1, 265.71, 265.1030, 265.1050 Un-adopt removal of reference to Performance Track Member in 265.15, 265.174, 265.195, 265.1101 Un-adopt removal of biennial report instructions in 265.75 Un-adopt removal of SQG tank requirements in 265.201 Department of Environmental Quality

Summary of Proposed Temporary Rules 15A NCAC 13A .0111 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Management Standards for Specific HW provisions - 266.80 & 266.255 15A NCAC 13A .0112 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Land Disposal provisions - 268.1, 268.7 & 268.50 15A NCAC 13A .0113 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Permit Program provisions - 270.1 Un-adopt removal of reference to Performance Track Member in 270.42 Department of Environmental Quality

Summary of Proposed Temporary Rules 15A NCAC 13A .0118 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Used Oil Management provision - 279.10 15A NCAC 13A .0119 Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Universal Waste provisions - 273.8 & 273.81 Department of Environmental Quality

Hazardous Waste Generator Improvements Rule Recommendation: Approval to proceed to Public Comment and Hearing on Temporary Rulemaking for the Hazardous Waste Generator Improvements Rule: 15A NCAC 13A .0101, .0102, .0106, .0107, .0108, .0109, .0110, .0111, .0112, .0113, .0118, and .0119. Department of Environmental Quality

Hazardous Waste Section Questions? Julie Woosley Section Chief Hazardous Waste Section Julie.Woosley@ncdenr.gov 919-707-8203 Department of Environmental Quality