Solid Waste Section Rule Review and Readoption 2016-2021

Overview of the Existing Rule Review and Adoption Process

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. It is the responsibility of the Department of Environmental Quality (DEQ) Division of Waste Management (Division) to regulate how solid waste is managed within the state under the statutory authority of the Solid Waste Management Act, Article 9 of Chapter 130A of the General Statutes.  Subchapters 13A, 13B, and 13C of Title 15A of the NC Administrative Code were promulgated in accordance with Article 9 to regulate Hazardous Waste, Non-Hazardous Solid Waste, and certain Superfund Programs, respectively. The Division has completed the rule review and readoption process that began in 2015 for Subchapters 13A, 13B, and 13C.  The next periodic rule review and readoption process for these subchapters is expected to begin in 2025.

Tab/Accordion Items

The Reports on Determinations of Subchapter 13B Rules which designate each rule as being necessary with substantive interest, necessary without substantive interest, or unnecessary were published for public comment in 2016, and approved by the Rules Review Commission (RRC) in 2017. Rules designated in the reports as unnecessary have expired; rules designated as necessary without substantive public interest remained in the code unchanged; and rules designated as necessary with substantive public interest have been readopted by the appropriate agency by the deadline set by the RRC of April 30, 2021.

Stakeholder meetings were held in 2017 and the rules in Subchapter 13B were readopted between 2018 and 2021.  The next existing rule review process for 15A NCAC 13B is expected to begin in 2026, but is subject to the release of a statewide rule review schedule to be adopted by the RRC in 26 NCAC 05 (the 2014-2019 review schedule is found in Rule .0211).

The rulemaking process for permanent rules includes review by the agency which is the Environmental Management Commission (EMC) for rules in Subchapter 13B, with the exception of Section .1500, which is under the authority of the Secretary of DEQ.  If the proposed rules and fiscal and regulatory impact analysis (as approved by the Office of State Budget and Management) have been approved by the appropriate agency, these items will be published in the NC Register for a 60-day public comment period and public hearing. Following public comment, the agency (EMC or DEQ) reviews the final rules with any changes after the comment period, the hearing officer's report, and any updates to the fiscal and regulatory impact analysis, and if approved, adopts the final rule.  If adopted, the rules are then reviewed by the RRC for final approval (unless otherwise directed by a Session Law).

Questions on the rulemaking process may be submitted to the Solid Waste Section's rulemaking contact, Jessica Montie, at jessica.montie@ncdenr.gov.