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Amendments to 15A NCAC 13A .0101

September 11, 2019 Groundwater & Waste Management Committee. Amendments to 15A NCAC 13A .0101. Jenny Patterson Division of Waste Management, Hazardous Waste Section. Overview.

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Amendments to 15A NCAC 13A .0101

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  1. September 11, 2019 Groundwater & Waste Management Committee Amendments to 15A NCAC 13A .0101 Jenny Patterson Division of Waste Management, Hazardous Waste Section

  2. Overview • The Division of Waste Management is requesting approval from the GWWMC to proceed to the EMC for public hearing for an amendment to: • 15A NCAC 13A .0101(d) – "General" (Attachment A) • The amendment is to incorporate by reference two federal provisions of the Electronic Hazardous Waste Manifest System (e-Manifest) User Rule (specifically 40 CFR 260.4 and 260.5). • EPA considers the subject federal provisions to be more stringent than the current rules adopted by NC. • The state is required to adopt them to make the State Hazardous Waste Program equivalent to, consistent with, and no less stringent than the federal RCRA program. • A draft regulatory impact analysis has been submitted to OSBM for approval. Department of Environmental Quality

  3. Rule Making Schedule Department of Environmental Quality

  4. Overview • History/Overview of e-Manifest: • Hazardous Waste Electronic Manifest Establishment Act (2012) directed EPA to establish a national electronic hazardous waste manifest system (e-Manifest system) to serve as a national repository for all hazardous waste manifests. • Modification of the Hazardous Waste Manifest System; Electronic Manifests Rule (2014) established the legal and policy framework for the use of electronic manifests. • The e-Manifest User Rule (2018) established the methodology EPA uses to determine and revise the user fees applicable to the electronic and paper manifests submitted to the e-Manifest system. • The federal e-Manifest System went into effect nationwide on June 30, 2018. • Receiving Facilities (receiving hazardous waste on a manifest) are required to submit the manifest to e-Manifest system and pay a prescribed fee for each electronic and paper manifest. • EPA retains the administration and enforcement of the requirement to submit manifests to e-Manifest system and the fee provisions. Department of Environmental Quality

  5. Summary of Rule Changes Summary of federal provisions (40 CFR) proposed for incorporation by reference at 15A NCAC 13A .0101(d): • 260.4 - Manifest copy submission requirements for certain interstate waste shipments When the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the receiving facility must complete and submit the manifest to EPA and pay the associated fee. Department of Environmental Quality

  6. Summary of Rule Changes • 260.5 - Applicability of e-Manifest system and fee requirements to facilities receiving state-only regulated waste shipments "State-only regulated waste" means: • A non-hazardous waste that a state regulates more broadly under its state regulatory program, or • A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law. In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the receiving facility must complete and submit the manifest to EPA and pay the associated fee. Department of Environmental Quality

  7. Requested Action The Division is requesting approval to proceed to the Environmental Management Commission for public hearing for amendments to 15A NCAC 13A .0101(d). QUESTIONS? Jenny Patterson Environmental Program Consultant Hazardous Waste Section Division of Waste Management Jenny.Patterson@ncdenr.gov / (336) 767-0031 Department of Environmental Quality

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