Jessica Montie Div. of Waste Management, Solid Waste Section November 1, 2017 NC SWANA Conference, Raleigh 15A NCAC 13B Rule Readoption Update Jessica Montie Div. of Waste Management, Solid Waste Section

Overview 132 of the Solid Waste Management rules in 13B must readopted by the Environmental Management Commission by a deadline established by the RRC. The Division is requesting a deadline of November 30, 2020. The Division is currently working with interested parties to draft rule changes for readoption, and intends to present these changes to the EMC in 3 groups. Completed drafts of any rule changes will be posted on Section readoption webpage when ready. Department of Environmental Quality

Readoption Webpage Solid Waste Section Rule Readoption Webpage: https://deq.nc.gov/about/divis ions/waste- management/solid-waste- section/rules-review The readoption webpage can also be accessed from the Solid Waste Section homepage at this link: https://deq.nc.gov/about/divis ions/waste- management/solid-waste- section

Meetings with Interested Parties Groups established early 2017 to work on certain rules, with most meeting monthly. Meeting schedules and summaries are posted on the Section’s readoption webpage. MSW and C&D Landfills (.0500 and .1600 rules) Environmental Monitoring (from .0500, .0600, and .1600 rules) Transfer Stations (.0300 and .0400 rules) Septage (.0800 rules) Medical Waste (.1200 rules) Compost (.1400 rules) Financial Assurance (rules re-codified as .1800 rules) Department of Environmental Quality

Proposed Readoption Schedules The Division intends to present the rules in 3 groups to the EMC in a staggered approach: Group 1 - .0700, .0800, .and 1100 Group 2 - .0200, .0300, .0400, .0500 (Env. Mon.), .0600, .1200, .1600 (Env. Mon.), .1800 (FA) Group 3 - .0100, .0500 (except Env. Mon.), .1400, .1600 (except Env. Mon.), and .1700 The proposed schedules for the 3 Groups of Rules are as follows: Department of Environmental Quality

Action / Responsibility Group 1* Draft Schedule Action / Responsibility Date Draft Rule changes for Section and RRC pre-review Jan 17 - Oct 17 Draft Fiscal Notes, work on RRC comments in groups, finalize language for Agency and attorney review Oct 17 – Nov 17 Approval of Rule Text to go to EMC / GWWMC Jan 2018 Approval of Fiscal Note / OSBM Feb 2018 Approval of Rule Text and FN to go to public comment / EMC Mar 2018 Public Comment Period / OAH Apr 18 – Jun 18 Approve Hearing Officer’s Report, FN, Adopt Rules / EMC Jul 2018 Approval of Rule / RRC Aug 2018 Proposed effective date Sep 2018 * Penalties (.0700), Septage (.0800), Tires (.1100)

Action / Responsibility Group 2* Draft Schedule Action / Responsibility Date Draft Rule changes for Section and RRC pre-review Jan 17 - Mar 18 Draft Fiscal Notes, work on RRC comments in groups, finalize language for Agency and attorney review Apr 18 - Aug 18 Approval of Fiscal Note / OSBM Oct 2018 Approval of Rule Text to go to EMC / GWWMC Nov 2018 Approval of Rule Text and FN to go to public comment / EMC Jan 2019 Public Comment Period / OAH Feb 19 – Apr 19 Approve Hearing Officer’s Report, FN, Adopt Rules / EMC May 2019 Approval of Rule / RRC Jun 2019 Proposed effective date Jul 2019 * Permits (.0200), Transfer and T&P (.0300, .0400), Medical (.1200,.1300) Environmental Monitoring and Financial Assurance (various)

Action / Responsibility Group 3* Draft Schedule Action / Responsibility Date Draft Rule changes for Section and RRC pre-review Oct 17 – Jul 18 Draft Fiscal Notes, work on RRC comments in groups, finalize language for Agency and attorney review Aug 18 – Nov 18 Approval of Fiscal Note / OSBM Feb 2019 Approval of Rule Text to go to EMC / GWWMC Mar 2019 Approval of Rule Text and FN to go to public comment / EMC May 2019 Public Comment Period / OAH Jun 19 – Aug 19 Approve Hearing Officer’s Report, FN, Adopt Rules / EMC Sep 2019 Approval of Rule / RRC Oct 2019 Proposed effective date Nov 2019 * Definitions (.0100), Compost (.1400), MSW and C&D Landfills (.0500,.1600) and CCB Structural Fills (.1700 – if not sooner)

Proposed Deadline November 8 – Presenting the proposed readoption deadline of November 30, 2020 to the GW&WM committee of the EMC for discussion. This deadline includes a one year buffer to allow for the possibility of returning to public comment, or returning to the EMC or RRC with changes should the need arise. December 14 – Rules Review Commission staff counsel would present proposed deadline to the RRC for approval. Department of Environmental Quality

Division of Waste Management Questions? Jessica Montie Division of Waste Management Solid Waste Section jessica.montie@ncdenr.gov (919) 707-8247 https://deq.nc.gov/about/divisions/waste-management/solid-waste-section/rules-review Department of Environmental Quality