Department of Environmental Quality May 12, 2016 Department of Environmental Quality

N.C. Division of Waste Management Amendments to 15A NCAC 13B .0105 Collection and Transportation of Solid Waste Jessica Montie Solid Waste Section N.C. Division of Waste Management Department of Environmental Quality

Overview Necessity and OSBM Review Public Comment Period Response to Comments Legislative Review Schedule Department of Environmental Quality

Necessity and OSBM Review Session Law 2013-413 required that the Commission amend the rule governing collection and transport of solid waste to require that containers be leak-resistant rather than leak-proof. OSBM Reviewed the proposed rule amendment in July 2015 and determined that no fiscal note was required. Department of Environmental Quality

Public Comment Period Public Comment Period was October 15 to December 14, 2015 Proposed rule change published in OAH register and on DEQ and SWS webpages Discussed in stakeholder meetings Public Hearing held on November 13, 2015 – no one in attendance One comment received during comment period on behalf of stakeholder group Department of Environmental Quality

Response to Comments DEQ initially responded with no changes to proposed rule Continuing dialogue with stakeholder group led DEQ to make revisions to rule in response to comments Essentially revised language in paragraph (c) to incorporate the requirements of paragraph (d), and remove paragraph (d) from rule. DEQ Deputy General Counsel reviewed changes, advised that they are not substantial Department of Environmental Quality

Legislative Review Session Law required that the adopted rule shall become effective as provided in G.S. 150B-21.3(b1), as though 10 or more written objections had been received, as provided by G.S. 150B-21.3(b2), and exempted the rule change from review by the Rule Review Commission. As the adopted rule amendment cannot be submitted for legislative review 25 days prior to convening of the 2016 session, the rule will become effective pending legislative review in the 2017 legislative session. Department of Environmental Quality

Schedule Action Date Received approval to proceed to EMC from GWWMC July 8, 2015 Received approval to proceed to public comment and hearing from EMC September 10, 2015 Comment Period October 15 – December 14, 2015 Public Hearing held November 13, 2015 Request Adoption of Rule from EMC May 12, 2016 Effective Date Pending Legislative Review (exempt from RRC review) 2017 Legislative Session Department of Environmental Quality

Questions? jessica.montie@ncdenr.gov 919-707-8247 Department of Environmental Quality