September 11, 2019 Groundwater & Waste Management Committee

1. September 11, 2019  Groundwater & Waste Management Committee Readoption and Amendments to 15A NCAC 13B Section .0200 Permits for Solid Waste Management Facilities, and Section .0400 Transfer Facilities Jessica Montie and Jason Watkins Division of Waste Management, Solid Waste Section

2. Overview • The Division of Waste Management is requesting approval from the GWWMC to proceed to the EMC for public hearing for amendments to: • 15A NCAC 13B Rules .0201 - .0207 – “Permits for Solid Waste Management Facilities” • 15A NCAC 13B Rules .0401 - .0407 – “Transfer Facilities” • Existing Rules .0201 - .0207 establish the requirement for a permit for solid waste management facilities, permit application requirements, permit approval and denial requirements, recordation of land disposal permits, and requirements for life-of site permits for sanitary landfills and transfer stations. • Existing Rules .0401 and .0402 establish basic permit application and operational requirements for solid waste transfer stations. • The Rules Review Commission established a deadline of April 30, 2021 for the readoption of Rules in 15A NCAC 13B Solid Waste Management. Department of Environmental Quality

3. Rule Making Schedule Department of Environmental Quality

4. Summary of Rule Changes • The draft rules have been submitted to Rules Review Commission staff for a pre-review. • The Division is gathering stakeholder input and drafting a fiscal note for these rule changes. • Rules .0201 - .0207 are proposed for readoption pursuant to G.S. 150B-21.3A, with minimal amendments for corrections and updates, and to clarify statute requirements applicable to all solid waste management facilities for allowing access for inspections, submitting an application for a change in ownership, and to allow continued operations if a permit application is submitted prior to expiration of an existing permit.  • Rules .0401 - .0402 for Solid Waste Transfer Facilities are proposed for readoption with amendments pursuant to G.S. 150B-21.3A, and Rules .0403 - .0407 are new rules proposed for adoption. Department of Environmental Quality

5. Purpose of Transfer Facility Rule Changes The purpose of the proposed transfer facility amendments and new rules are to: • put into rule the basic permit conditions, operation plan requirements, and policies common to most existing transfer facilities to ensure consistency over time and across the state in facility applications, siting, permitting, operation, and closure; • accommodate the change to life-of-site permitting in accordance with G.S. 130A-294(a2) (S.L. 2015-241, revisedby 2015-286) andRule .0207; • clarify vague and limited requirements in existing Rules .0401 and .0402 that were made effective in 1982, on the expectation that clarification would now be required by RRC; • ensure that existing facilities can meet the demand in areas of increasing populations; Department of Environmental Quality

6. Purpose of Transfer Facility Rule Changes • ensurethat new facilities are sitedanddesignedto minimize effectstothesurroundingenvironmentandcommunities; • establish a uniform procedure for facility closure; and • be consistent with the rule language and requirements in more recently adopted Sections of Subchapter 13B for other types of solid waste management facilities. • allow for more consistent application of tiered enforcement by the Department. Department of Environmental Quality

7. Summary of Transfer Facility Rule Changes Transfer Facility Rules are proposed as follows: • .0401 – Purpose and Applicability (titled Application Requirements in existing rule) • .0402 – General Requirements (titled Operational Requirements in existing rule) • .0403 – Siting Requirements • .0404 – Application Requirements • .0405 – Facility Plan • .0406 – Operational Requirements • .0407 – Closure Requirements Department of Environmental Quality

8. Summary of Transfer Facility Rule Changes .0401 - Purpose and Applicability • Adds language to clarify and describe the purpose of the rule section and the facilities or waste types the rule applies to. • Establishes a process for facilities that may not currently comply with the rule set to conduct a self-assessment and work with the Division on a time frame to transition to compliance with this rule set after rules are effective (similar to the transition period for landfills when rules changed). • Adds clarifications for service areas, and out-of-state waste, and life-of-site permit requirements for transfer facilities. Department of Environmental Quality

9. Summary of Transfer Facility Rule Changes .0402 – General Requirements Adds general requirements similar to language in the landfill rules that states or refers to requirements established in various statutes or other rules in Subchapter 13B, to clarify that transfer facilities are subject to these existing basic requirements. • Duty to Comply • Duty to Mitigate • Duty to Provide Information • Recordation Procedures • Need to Halt or Reduce Activities • Permit Actions • Construction • Operation and Maintenance • Additional Solid Waste Management Activities Department of Environmental Quality

10. Summary of Transfer Facility Rule Changes .0403 – Siting and Design Requirements Adds more specific siting requirements consistent with other solid waste management facilities that refer to and ensure compliance with federal and State laws and rules and local ordinances. • Endangered species • Historic sites • Floodplains, and wetlands, and other clean water act restrictions • Zoning and buffer requirements. • Excludes facilities built prior to new rule effective date from new siting requirements. Department of Environmental Quality

11. Summary of Transfer Facility Rule Changes .0403 – Siting and Design Requirements (continued) Adds more specific design requirements consistent with other solid waste management facilities to ensure compliance with federal and State laws and rules and local ordinances for protection of human health and environment. • Waste shall be on impervious surface and covered to prevent leachate generation • Refer to G.S. 130A-309.05 for waste stored on site • Designed to handle expected waste types and volumes • Handling and collection of leachate • Refer to Rule .0105 for solid waste vehicles, containers • Ventilation, odor control, surface water control, vector control • Traffic control, road to allow access, secure to prevent unauthorized access • Excludes facilities built prior to new rule effective date from new design requirements. Department of Environmental Quality

12. Summary of Transfer Facility Rule Changes .0404 – Application Requirements Clarifies application requirements for transfer facilities consistent with other solid waste management facilities to ensure compliance with statutes and .0200 rules in this Subchapter. • Refers to statutes for fees and .0200 rules for parts of permit • Clarifies when permit applications and construction certifications need to be submitted • Clarifies the contents of plans required to be submitted in existing rule .0401(1) • Splits out construction plan and closure plan requirements into plans separate from the site plan and operations plan. • Refers to statutes for financial responsibility, compliance history, and traffic studies. Department of Environmental Quality

13. Summary of Transfer Facility Rule Changes .0405 – Operational Requirements Clarifies the operational requirements for transfer facilities in existing rule .0402 to be consistent with other solid waste management facilities, and to ensure compliance with statutes and protection of human health and the environment. These requirements are currently included in most facility operations plan submitted per existing Rule .0401(1). • Dust, Odor, Windblown Waste, Vector (rodents, insects)and Noise Control • Refers to 02L for groundwater and surface water protection, leachate collection and control • Fire Protection and Control (reference to Div. of Air Quality, screening, equipment, notification) • Refers to 04C for erosion and sedimentation control • Clarify existing training requirements • Waste screening and prohibited wastes • Cleaning and Maintenance • Recordkeeping • Access Control Department of Environmental Quality

14. Summary of Transfer Facility Rule Changes .0405 – Closure Requirements Clarifies the requirements for closure of transfer facilities to be consistent with other solid waste management facilities, and to ensure compliance with statutes and protection of human health and the environment. These requirements are currently included in most facility operations plan submitted per existing Rule .0401(1). • Notification Required • Schedule • Waste Removal • Final Inspection • If non-compliant with 02L: Recordation, Land Use Restrictions, Environmental Monitoring and Corrective Action, Post-closure Care Period required. Department of Environmental Quality

15. Requested Action The Division is requesting approval to proceed to the Environmental Management Commission for public hearing for adoption and amendments to 15A NCAC 13B Rules .0201 - .0207 “Permits for Solid Waste Management Facilities” and Rules .0401 - .0407 “Transfer Facilities”. QUESTIONS? Jessica Montie Environmental Program Consultant Solid Waste Section Division of Waste Management jessica.montie@ncdenr.gov / (919) 707-8247 Department of Environmental Quality