September 11, 2019 Groundwater and Waste Management Committee

 

GROUNDWATER AND WASTE MANAGEMENT COMMITTEE

512 N. Salisbury Street
Archdale Building-Ground Floor Hearing Room

September 11, 2019
3:00 p.m. - 4:30 p.m.

Chair Yvonne Bailey, Presiding

In the event the previously scheduled committee meeting adjourns prior to the estimated adjournment time, the other committee meeting may be called to order, by the Chairman, fifteen minutes after the previous meeting adjourned.

I.      Preliminary Matters

1.      Call to Order

General Statute § 138A-15 mandates that the Chairman inquires as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance of a conflict, please so state at this time.

2.      Approval of minutes from Groundwater and Waste Management Committee (GWWMC) meeting on July 10, 2019 (attached).

II.     Action Items

1.      Request Approval to Proceed to EMC for Public Notice and Hearings on Amendments to 15A NCAC 02L .0202 Groundwater Quality Standards
(DWR) Bridget Flaherty

Explanation:           The Division of Water Resources is requesting approval from the GWWMC to proceed to the EMC for public notice and hearings on proposed amendments to 15A NCAC 02L .0202 Groundwater Quality Standards.  These proposed amendments are the result of the Triennial Review process where DWR staff reviewed established Interim Maximum Allowable Concentrations (IMACs) in accordance with the criteria in 15A NCAC 02L .0202. The following amendments are proposed: Incorporated 44 existing IMACs, some with revisions, into the Groundwater Quality Standards; add a Groundwater Quality Standard for three compounds; remove four existing IMACs due to lack of toxicity data; add CAS Register Numbers for existing groundwater standards and proposed incorporated IMACs.

Recommendation:  The Division recommends that the GWWMC approve the proposed amendments to 15A NCAC 02L .0202. Groundwater Quality Standards to proceed to the EMC for public notice and hearings.

POWERPOINT PRESENTATION

Attachment A - Standard Operating Procedure for Reviewing Groundwater Standards Established Pursuant to 15A NCAC 02L .0200
Attachment B - 15A NCAC 02L .0202. Groundwater Quality Standards with Proposed Amendments
Attachment C - Triennial Review of IMACs - Calculation Sheets and Word Summaries 
Attachment D - Table of Proposed Groundwater Standards
Attachment E -  Final Rule Impact Analysis

2.       Request Approval to Proceed to EMC to Request Public Hearing on 15A NCAC 13B Rules .0201 - .0207 Permits for Solid Waste Management Facilities and .0401 - .0407 Transfer Facilities
(DWM) Jessica Montie and Jason Watkins

Explanation:              The Division of Waste Management requests approval to proceed to the Environmental Management Commission for a public hearing for proposed amendments to 15A NCAC 13B Rules .0201 - .0207 Permits for Solid Waste Management Facilities and .0401 - .0407 Transfer Facilities. Rules .0201 - .0207, .0401 and .0402 are proposed for re-adoption pursuant to G.S. 150B-21.3A, and Rules .0403 - .0407 are proposed new rules.

Recommendation:     The Division recommends that the GWWMC approve 15A NCAC 13B .0201 - .0207 Permits for Solid Waste Management Faciltiies and .0401 - .0407 Transfer Facilities to proceed to the EMC for a public hearing.

POWERPOINT PRESENTATION

 

Attachment A - Rule Text
 

3.      Request Approval to Proceed to EMC to Request Public Hearing on 15A NCAC 12N "Underground Storage Tanks" and 15A NCAC 02O "Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks

(DWM) Ruth Strauss

 

Explanation:             The Division of Waste Management requests approval to proceed to the Environmental Management Commission for a public hearing for proposed amendments to 15A NCAC 02N "Underground Storage Tanks" and 15A NCAC 020 "Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks".  The rules are proposed for re-adoption pursuant to G.S. 150B-21.3A.

 

Recommendation:    The Division recommends that the GWWMC approve the proposed amendments and re-adoption of 15A NCAC 02N "Underground Storage Tanks" and 15A NCAC 020 "Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks" to proceed to the EMC for a public hearing.

 

POWERPOINT PRESENTATION

 

Attachment A - 15A NCAC 02N Rule Text
Attachment B - 15A NCAC 02O Rule Text 
Attachment C - 15A NCAC 02N and 15A NCAC 02O Draft Impact Analysis

 

4.      Request Approval to Proceed to EMC to Request Public Hearing on Amendments to 15A NCAC 13A .0101
(DWM) Jenny Patterson

 

Explanation:             The Division of Waste Management seeks approval to proceed to the Environmental Management Commission to request public comment and hearing for proposed amendments to 15A NCAC 13A .0101 to adopt provisions of the federal Electronic Hazardous Waste Manifest System (e-Manifest) User Rule.

 

Recommendation:     The Division recommends that the GWWMC allow the proposed amendments to 15A NCAC 13A .0101 to adopt provisions of the federal e-Manifest User Rule to proceed to the EMC for public comment and hearing.

 

POWERPOINT PRESENTATION

 

Attachment A - 15A NCAC 13A .0101 Proposed Rule Text
Attachment B - e-Manifest Rule Draft Impact Analysis

 

5.      Request Approval to Proceed to EMC to Request Public Hearing on Amendments to 15A NCAC 13A .0111
(DWM) Jenny Patterson

 

Explanation:             The Division of Waste Management seeks approval to proceed to the Environmental Management Commission to request public comment and hearing for proposed amendments to 15A NCAC 13A .0111 to adopt provisions of the federal Management Standards for Hazardous Waste Pharmaceuticals Rule to proceed to the EMC for public comment and hearing.

 

Recommendation:    The Division recommends that the GWWMC allow the proposed amendments to 15A NCAC 13A .0111 to adopt provisions of the federal Management Standards for Hazardous Waste Pharmaceuticals Rule to proceed to the EMC for public comment and hearing.

 

POWERPOINT PRESENTATION

 

Attachment A - 15A NCAC 13A .0111 Proposed Rule Text

 

III.    Information Item

 

1.       Update on S.L. 2019-132 (HB329) Requirements for Reporting and Rulemaking regarding Solar Projects and Wind Energy
(DWM) Ellen Lorscheider

Explanation:    The Division of Waste Management will provide an update on the requirements in Session Law 2019-132 (HB329) that the Environmental Management Commission adopt rules to establish a regulatory program to govern the management of end-of-life photovoltaic modules and energy storage system batteries, and the decommissioning of utility-scale solar projects and wind energy facilities; that the Department of Environmental Quality establish a stakeholder process to support development of the rules; and that the EMC and DEQ submit joint interim reports on the activities conducted pursuant to the Session Law to the Environmental Review Commission and the General Assembly.

Attachment A - SL2019-132 

IV.    Closing Remarks

By Chairman Bailey

Adjournment 9-11-19