1. Julie Woosley, Division of Waste Management
Environmental Management Commission
January 12, 2017
Regulatory Review of 15A NCAC 13A
Hazardous Waste Management Rules
Julie Woosley, Division of Waste Management

2. Overview Regulatory Requirements Review Process
Categories of Determinations
Summary of Rules and Initial Determinations
Public Comment
Final Determinations
Recommendation
Schedule
Department of Environmental Quality

3. Regulatory Requirements
Session Law requires existing rules be reviewed through G.S. 150B- 21.3A
Environmental Management Commission (EMC) is authority for 15A NCAC 13A
13A - Groundwater and Waste Management Committee (GWWMC)
Department of Environmental Quality

4. Review Process Three Step Process Step 1: Agency Determination
(Initial determination and public comment period)
Step 2: Rules Review Commission (RRC) Review (Reviews agency’s report and makes final determination)
Step 3: Administrative Procedure Oversight (APO) Committee Consultation (Opportunity to review final determination before it becomes effective)
Department of Environmental Quality

5. Categories of Determinations
Step 1: Agency Determination
Unnecessary (Rule will expire and be removed from code)
Necessary without substantive public interest (Rule will remain in effect without further action)
Necessary with substantive public interest (Rule shall be readopted as if it was new in accordance with APA)
Department of Environmental Quality

6. Summary of 13A Rules and Initial Determinations
15A NCAC 13A .0101
Includes general information such as the Hazardous Waste Section Contact information.
Specifies the substitution of "Department of Environmental Quality" for "Environmental Protection Agency" and "EPA” in the federal rules adopted in this section and other similar substitutions.
Recently updated in the rule making process which was finalized through permanent rulemaking July 2016.
15A NCAC 13A .0114
Adopts 40 CFR “Sharing of Information” by reference.
Requires Hazardous Waste Section to share facility information with EPA and make facility information available to the public.
Initial Determination for these rules:
Necessary without substantive public interest
Department of Environmental Quality

7. Summary of 13A Rules and Initial Determinations
15A NCAC 13A (12 rules)
These rules adopt the federal regulations in 40 CFR 260, 261, 262, 263, 264, 265, 266, 268, and 270, which are required for an authorized state Hazardous Waste Management program.
15A NCAC 13A (2 rules)
These rules are required by G.S. 130A (h) and (j) for resident inspectors required at commercial hazardous waste facilities.
15A NCAC 13A (2 rules)
These rules adopt the federal regulations in 40 CFR 279 and 273 for the management of used oil and universal waste.
Initial Determination for these rules:
Necessary with substantive public interest
Department of Environmental Quality

8. Public Comment Public Comment Period (60 Days):
July 15, September 20, 2016
No public comments were given
No comments given addressed categories of determination or the Agency Determination
No comments given addressed the content of the regulations
Department of Environmental Quality

9. 15A NCAC 13A – Hazardous Waste Management
Final Determination
15A NCAC 13A – Hazardous Waste Management
Rule Section
Final Determination
15A NCAC 13A .0101
General
Necessary without substantive public interest
15A NCAC 13A .0102
Definitions
Necessary with substantive public interest
15A NCAC 13A .0103
Petitions
15A NCAC 13A .0104
Public Information
15A NCAC 13A .0105
General Program Requirements
Department of Environmental Quality

10. 15A NCAC 13A – Hazardous Waste Management
Final Determination
15A NCAC 13A – Hazardous Waste Management
Rule Section
Final Determination
15A NCAC 13A .0106
Identification and Listing of Hazardous Waste
Necessary with substantive public interest
15A NCAC 13A .0107
Standards Applicable to Generators of Hazardous Waste
15A NCAC 13A .0108
Standards Applicable to Transporters of Hazardous Waste
Department of Environmental Quality

11. 15A NCAC 13A – Hazardous Waste Management
Final Determination
15A NCAC 13A – Hazardous Waste Management
Rule Section
Final Determination
15A NCAC 13A .0109
Standards for Owners/Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
Necessary with substantive public interest
15A NCAC 13A .0110
Interim Status Standards for
Owners/Operators of Hazardous Waste TSD Facilities
15A NCAC 13A .0111
Standards for the Management of Specific Types of Hazardous Waste Facilities
Department of Environmental Quality

12. 15A NCAC 13A – Hazardous Waste Management
Final Determination
15A NCAC 13A – Hazardous Waste Management
Rule Section
Final Determination
15A NCAC 13A .0112
Land Disposal Restrictions
Necessary with substantive public interest
15A NCAC 13A .0113
The Hazardous Waste Permit Program
15A NCAC 13A .0114
Requirements for Authorization of State Hazardous Waste Programs
Necessary without substantive public interest
Department of Environmental Quality

13. 15A NCAC 13A – Hazardous Waste Management
Final Determination
15A NCAC 13A – Hazardous Waste Management
Rule Section
Final Determination
15A NCAC 13A .0116
Special Purpose Commercial Hazardous Waste Facility
Necessary with substantive public interest
15A NCAC 13A .0117
Fee Schedules
15A NCAC 13A .0118
Standards for the Management of Used Oil
15A NCAC 13A .0119
Standards for Universal Waste Management
Department of Environmental Quality

14. Recommendation
Approval of the Periodic Rule Review Report for 15A NCAC 13A for submission to the RRC
If approved by EMC, the Report will be submitted to the RRC in March 2017
Department of Environmental Quality

15. Action / Responsibility
Schedule
Action / Responsibility
Date
Initial Determinations / GWWMC
May 2016
Approve Determinations for Public Comment / EMC
July 2016
Public Comment Period
July –September 2016
Update / GWWMC
November 2016
Action to Approve Determinations / EMC
January 2017
Report due to RRC
March 2017
RRC Approval
April 2017
Final Determination Effective in 60 days / APO
June 2017
Commence Rulemaking to re-adopt rules in accordance with APA
Department of Environmental Quality

16. Hazardous Waste Section
Questions?
Julie Woosley
Section Chief
Hazardous Waste Section
Department of Environmental Quality