Readoption and Amendments to 15A NCAC 13B Section .1400 Solid Waste Compost Facilities

1. September 12, 2019 Environmental Management Commission Readoption and Amendments to 15A NCAC 13B Section .1400 Solid Waste Compost Facilities Jessica Montie and Perry Sugg Division of Waste Management, Solid Waste Section

2. Overview • Rules .1401 - .1409 collectively establish standards for the production, classification, allowable uses, and application rates of compost. • These rules are proposed for readoption pursuant to G.S. 150B-21.3A. • The Rules Review Commission established a deadline of April 30, 2021 for the readoption of rules in 15A NCAC 13B Solid Waste Management. • The Regulatory and Fiscal Impact Analysis was approved by OSBM on April 29, 2019. Department of Environmental Quality

3. Rule Making Schedule Department of Environmental Quality

4. Summary of Rule Changes • The Division of Waste Management is requesting that the EMC approve the hearing officer’s report and adopt the amendments to 15A NCAC 13B Section .1400 “Solid Waste Compost Facilities”. • Rules .1401 - .1409 are being readopted with amendments and a new rule .1410 for closure requirements is being adopted. • Proposed amendments were drafted with stakeholder input. They address technical corrections and updates to information, clarification of vague or unclear language, removal of redundant or unnecessary language, and addition of specific technical requirements. • The amendments incorporate changes based on a pre-review by Rules Review Commission staff.​ Department of Environmental Quality

5. Summary of Rule Changes • Rule changes include the following: • Permit Period (.1401) • Criteria for Small & Large Facilities (.1402) • Exemptions (from Rules or from Permitting Requirements) (.1402) • Permit Applications (.1405) • Odor Control and Odor Corrective Action (.1405 and .1406) • Training Requirements (.1406) • Demonstration Pilot Project Approvals (.1409) • Vermicomposting and Anaerobic Digestion (.1409) • Closure Requirements (.1410 new) Department of Environmental Quality

6. Public Comment and Hearing • The proposed rule changes were published in the NC Register and on the Department’s website from June 17, 2019 through August 16, 2019. • The regulatory and fiscal impact analysis was also published on the Department’s website throughout the comment period. • An email was sent to interested parties providing links to the published information on June 14, 2019. • A public hearing was held on July 16, 2019 with Commissioner Arata serving as the Hearing Officer. Department of Environmental Quality

7. Public Comment and Hearing DWM received multiple comments with concerns regarding perfluroalkyl substances (PFAS) and 1,4-dioxane contamination in compost. DWM agrees with the comments that possible PFAS and 1,4-dioxane contamination in compost is a serious concern. The rule set with the proposed amendments and the authority to establish and revise permit conditions would allow DWM to require testing for PFAS and other emerging contaminants, as well as regulated constituents such as 1,4-dioxane. However, there currently is no federal or state standard for PFAS or other emerging contaminants and test methods for PFAS in various media are still being studied. DWM is working with other divisions, Department of Environmental Quality leadership, the Environmental Protection Agency, and academic and research organizations to establish appropriate standards or other regulatory mechanisms to address this concern. When standards are established for PFAS, the Agency has the ability to revise rules under their authority if additional changes are needed to address concerns. Department of Environmental Quality

8. Public Comment and Hearing For regulated constituents such as 1,4-dioxane, DWM proposes to amend the language in Rule .1402 to allow for consideration of whether the feedstock components should be allowed in a given facility based on knowledge of the feedstock and on testing of the feedstock, and in Rule .1407 to allow for testing of the feedstock and/or the finished product for additional parameters. Together, DWM believes these revisions address the commenter’s concerns. Note the McGill Facility in Sampson County mentioned in the some of the comments is regulated under DWR rules 15A NCAC 02T .1101 - .1111, which were readopted in September 2018. Department of Environmental Quality

9. Public Comment and Hearing • Two comments were received at the public hearing from representatives of the US Compost Council and the Conservation Network, which were also later submitted as written comments. The following rule changes were made in response to these comments, and are highlighted in the rule text in the Hearing Officer’s Report: • Rule .1402(e)(5) – Revised to allow the Division to require testing of feedstock at any solid waste composting facility, instead of Type 2 and 3 facilities only, if a determination cannot be made on the potential for pathogens or contamination based upon prior knowledge of the waste. • Rule .1405(8)(i) – Revised to add Type 1 facilities to the requirement to include in their operations plan a discussion of compliance with operational requirements. • Rule .1405(12) – Revised to require facilities to submit documentation that the local fire protection authority has been notified of the site use. Department of Environmental Quality

10. Public Comment and Hearing • Rule .1406(5)(a) – Revised to refer to the definition of “Large” sites for clarification. • Rule .1406(11) – Revised to require Type 2 facilities to meet pathogen reduction requirements (by same process as Type 1 facilities). • Rule .1406(19)(a) – Revised to add requirement that one staff person with compost training be available at a phone number provided in the permit application during the facility’s operating hours. Also in (ii), removed the word “manager” from the term “compost manager training”, for clarification since the training is not required to be directed at managers specifically; and also revised to provide an example of a certification program approved by the Division (US Composting Council). Department of Environmental Quality

11. Public Comment and Hearing • Rule .1407(a) – Revised to remove the term “minimum pathogenic organisms”, and replace with clarifying language referring to pathogen reduction requirements in Rule .1406(11). • Rule .1407(b)(5)(B) – Revised to update the TMECC document cost to $350. • Rule 1407(c) – Revised to clarify that a determination of Grade A compost for unlimited, unrestricted use is also subject to Subparagraph (b)(6) of that Rule, allowing the Division to require analysis of additional parameters. • The Division also made some non-substantive technical corrections to the rules after the comment period.  • All revisions and corrections are highlighted in the rule text in the Hearing Officer’s Report. Department of Environmental Quality

12. Recommendation The Division recommends that the EMC approve the Hearing Officer’s Report and adopt the amendments to Solid Waste Compost Facility Rules 15A NCAC 13B .1401 - .1409, with changes from the published rules, and adopt new Rule .1410. QUESTIONS? Jessica Montie Environmental Program Consultant Solid Waste Section Division of Waste Management jessica.montie@ncdenr.gov / (919) 707-8247 Department of Environmental Quality