1. Julie Woosley, Division of Waste Management
Groundwater & Waste Management Committee
March 8, 2017
Temporary Rulemaking
Hazardous Waste Generator Improvements Rule
Julie Woosley, Division of Waste Management

2. 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

3. 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)
Conditionally Exempt Small Quantity Generators (CESQG)
~7,400 generators total in NC currently.
Department of Environmental Quality

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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 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

13. 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

14. 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 &
15A NCAC 13A .0102
Un-adopt the new definitions in (referring to rules that are not yet adopted)
Department of Environmental Quality

15. 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,
Un-adopt the removal of the existing CESQG regulations in
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
Department of Environmental Quality

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

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

18. 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 , , ,
Un-adopt removal of reference to Performance Track Member in , , ,
Un-adopt removal of biennial report instructions in
Un-adopt removal of SQG tank requirements in
Department of Environmental Quality

19. 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 &
15A NCAC 13A .0112
Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Land Disposal provisions , &
15A NCAC 13A .0113
Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Permit Program provisions
Un-adopt removal of reference to Performance Track Member in
Department of Environmental Quality

20. 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
15A NCAC 13A .0119
Un-adopt updated generator rule references (referring to rules that are not yet adopted) in Universal Waste provisions &
Department of Environmental Quality

21. Hazardous Waste Generator Improvements Rule
Recommendation:
Approval of 30-day waiver to proceed to EMC
Approval to proceed to EMC for Public Comment and Hearing on Temporary Rulemaking for the Hazardous Waste Generator Improvements Rule: 15A NCAC 13A .0101, .0102, .0106, .0107, .0108, .0109, , .0111, .0112, .0113, .0118, and
Department of Environmental Quality

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