Hazardous Waste Rules and Rulemaking

Hazardous Waste Rules, Laws, and Regulations

The Hazardous Waste Section of the NCDEQ Division of Waste Management administers and enforces the state laws that apply to hazardous waste in Article 9 of Chapter 130A of the NC General Statutes and the state rules in Title 15A, Subchapter 13A of the NC Administrative Code shown below. The Hazardous Waste Section also has state program approval from the US EPA to administer certain applicable federal regulations.

The NC Environmental Management Commission has the authority to adopt or amend rules in 15A NCAC 13A. Any proposed new rules or amendments to existing rules in Subchapter 13A that are currently going through the rulemaking process, including public comment and hearing information, will also be provided below.

To view current proposed rules across all DEQ programs, see the DEQ Library of Proposed Rules.  To view rules and regulations for non-hazardous solid waste, please see the Solid Waste Section website for Rules and Regulations.

If you would like to receive information about our future regulatory updates from the NCDEQ Division of Waste Management's Hazardous Waste Section, please complete this form.

Rules List with State and Federal Links

Summary and Status of State Adoption of Recent Federal Regulations

 

Tab/Accordion Items

State Law -Solid Waste Management

State Rules and Regulations - Hazardous Waste Management
North Carolina Register

 

 
 

Federal Law- Resource Conservation and Recovery Act, as amended

Federal Rules and Regulations- Protection of the Environment
Federal Register

Finalized Federal Rules and Status of State Adoption

Integrating e-Manifest with Hazardous Waste Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections (effective in North Carolina January 22, 2025 except for specific provisions noted below that are effective December 1, 2025)

  • Technical Corrections (89 FR 86758; October 24, 2024)
  • Effective December 1, 2025 are the final regulations associated with:
    • the collection of hazardous waste export manifests in the e-Manifest system,
    • use of electronic manifests for the hazardous waste export shipments, and
    • use of electronic Exception, Discrepancy, and Unmanifested Waste Reports.
  • The final rule:
    • Integrates Exceptions Reports, Discrepancy Reports, and Unmanifested Waste Reports into e-Manifest (effective December 1, 2025).
      • The time frames for exception reporting will be extended for large quantity generator for initiating the exception report to 45 days (up from 35 days) and the submittal of the report in e-Manifest to 60 days (up from 45 days)
    • Requires small quantity generators and large quantity generators to register for access in the RCRAInfo e-Manifest module to obtain their final signed manifest copies from the system (effective January 22, 2025). Final signed completed paper manifests will no longer be mailed back to the generator.  
    • Requires entities to correct manifest data errors.
    • Incorporates hazardous waste export manifests into the e-Manifest system, which includes designating the exporter as the entity responsible for submitting the manifest and paying the requisite user fee.
    • Expands the required international shipment data elements on the manifest form.
    • Revises the movement document requirements to more closely link the manifest data with the movement document data for manifest tracking purposes as well as to assist with integration of EPA's Waste Import Export Tracking System (WIETS) into RCRAInfo.
    • Makes conforming changes to PCB manifest regulations under the Toxic Substances Control Act, and other technical corrections to remove obsolete requirements, correct typographical errors, establish definitions, and/or improve alignment with the e-Manifest program.

  • Link to EPA's e-Manifest website

  • Additional information on the Final Rule:  Integrating e-Manifest with Hazardous Waste Exports and Other Manifest-Related Reports, RCB Manifest Amendments, and Technical Corrections

  • Find out more about the requirement to correct errors in manifest data submitted to EPA

     

Technical Corrections for the Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule (effective in North Carolina December 7, 2023 except for the

five technical corrections to provisions that are effective February 10, 2025)

 

 

Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes under Subsection (h) of the American Innovation & Manufacturing Act of 2020 (effective in North Carolina December 10, 2024)

 

 

EPA Method 23-Determination of Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans From Stationary Sources (effective in North Carolina March 20, 2023)

 

Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes (effective in North Carolina October 31, 2021)

 

Modernizing Ignitable Liquids Determinations (effective in North Carolina September 8, 2020)

 

Adding Aerosol Cans to the Universal Waste Regulations (effective in North Carolina February 7, 2020)

Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (see effective dates below)

 

Safe Management of Recalled Airbags - Final Rule (effective in North Carolina November 30, 2018)

Hazardous Waste Generator Improvements Rule (effective in North Carolina March 1, 2018)

 

User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest (effective in North Carolina June 30, 2018)

 

Hazardous Waste Export-Import Revisions (effective in North Carolina December 31, 2016)

 

Revision to the Definition of Solid Waste (effective in North Carolina December 1, 2015)

 

  • There are no proposed rule changes for hazardous waste management at this time.
  • The next ten-year periodic rule review process required by G.S. 150B-21.3A is not expected to begin for the Hazardous Waste Section until after 2025.

Proposed Federal Rules

Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives – Proposed Rule

 

Listing of Specific PFAS as Hazardous Constituents – Proposed Rule

  • EPA proposed changes to the Resource Conservation and Recovery Act (RCRA) regulations by adding nine specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers, to its list of hazardous constituents in Title 40 of the Code of Federal Regulations Part 261 Appendix VIII. These nine PFAS are:
    • Perfluorooctanoic acid (PFOA),
    • Perfluorooctanesulfonic acid (PFOS),
    • Perfluorobutanesulfonic acid (PFBS),
    • Hexafluoropropylene oxide- dimer acid (HFPO–DA or GenX),
    • Perfluorononanoic acid (PFNA),
    • Perfluorohexanesulfonic acid (PFHxS),
    • Perfluorodecanoic acid (PFDA),
    • Perfluorohexanoic acid (PFHxA), and
    • Perfluorobutanoic acid (PFBA).
  • EPA’s criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.
  • If finalized, when corrective action requirements are imposed at a facility, these PFAS would be among the hazardous constituents expressly identified for consideration in RCRA facility assessments and, where cleanup through the RCRA corrective action process at RCRA treatment, storage, and disposal facilities.  
  • Additional Information on the Proposal to List Nine Per- and Polyfluoroalkyl Compounds as RCRA Hazardous Constituents
  • Frequent questions about the difference between a hazardous substance, a hazardous constituent, and a hazardous waste.

Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units - Proposed Rule

 

Rulemaking effort started by EPA to propose waste solar panels as a federal universal waste and add special universal waste standards for lithium batteries

  • EPA is initiating a new rulemaking effort to improve the recycling and management of end-of-life hazardous waste solar panels and lithium batteries.  EPA is in the early stages of a proposed federal rulemaking effort to add hazardous waste solar panels to the universal waste regulations and to add tailored universal waste standards for lithium batteries.  EPA is working on this rulemaking in part in response to a petition submitted by a broad coalition of industry associations to regulate solar panels as universal waste.  EPA is also working on adjustments within the universal waste regulations to improve safety standards and reduce fires from mismanaged end-of-life lithium batteries.  
  • Proposed rule is anticipated June 2025.

Used Drum Management and Reconditioning

 

  • The EPA is seeking input on future options to address impacts to human health and the environment noted in the Damage Case Report, and is requesting information and comments to assist in the development of options that would ensure the proper management of industrial containers that held hazardous chemicals or hazardous waste, at industrial facilities, hazardous waste generators, and others generating or managing used containers and residues, as well as transporters and receiving facilities (i.e., drum reconditioners).  Options could include revising the Resource Conservation and Recovery Act (RCRA) regulations or other, non-regulatory options such as implementing best management practices. This Advance Notice of Proposed Rulemaking (ANPRM), itself, does not propose any regulatory requirements or change any existing regulatory requirements.
  • The EPA published the
    Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking (ANPRM) to help the Agency plan for future action to address significant issues identified across the lifecycle of used industrial containers and to identify potential solutions to issues highlighted in its September 2022 Drum Reconditioner Damage Case Report, which found environmental impacts at drum reconditioning facilities.

  • Additional information on Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking

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