Department of Environmental Quality

1. May 11, 2016 Department of Environmental Quality

2. Regulatory Review of 15A NCAC 13AHazardous Waste Management Julie Woosley Hazardous Waste Section Division of Waste Management Department of Environmental Quality

3. Overview Department of Environmental Quality Regulatory Requirements Review Process Categories of Determinations Initial Determination Schedule

4. Regulatory Requirements Department of Environmental Quality • Session Law 2013-413 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)

5. Review Process Department of Environmental Quality 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)

6. Categories of Determinations Department of Environmental Quality 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)

7. Summary of 13A Rules Department of Environmental Quality 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. The rule was recently updated in the rule making process and is expected to be finalized July 2016. 15A NCAC 13A .0114 Adopts 40 CFR 271.17 “Sharing of Information” by reference. This rule requires the Hazardous Waste Section to share facility information with EPA and make facility information available to the public.

8. Summary of 13A Rules Department of Environmental Quality 15A NCAC 13A .0102 - .0113 (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 .0116 - .0117 (2 rules) These rules are required by G.S. 130A-295.02 (h) and (j) for resident inspectors required at commercial hazardous waste facilities. 15A NCAC 13A .0118 - .0119 (2 rules) These rules adopt the federal regulations in 40 CFR 279 and 273 for the management of used oil and universal waste.

9. Initial Determination 15A NCAC 13A – Hazardous Waste Management

10. Initial Determination 15A NCAC 13A – Hazardous Waste Management

11. Initial Determination 15A NCAC 13A – Hazardous Waste Management

12. Initial Determination 15A NCAC 13A – Hazardous Waste Management

13. Initial Determination 15A NCAC 13A – Hazardous Waste Management

14. Schedule Department of Environmental Quality

15. Department of Environmental Quality Questions? Julie.Woosley@ncdenr.gov 919-707-8203