March 8, 2017 GWWM Committee

GROUNDWATER AND WASTE MANAGEMENT COMMITTEE

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

March 8, 2017
11:00 a.m. - 12:00 p.m.
Bill Puette, Chairman, Presiding

In the event the previously scheduled committee 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 and Notice of NCGS §138A-15 (Chairman Puette)

General Statute §138A-15 mandates that the Chair inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Environmental Management Commission’s Groundwater and Waste Management Committee. If any member knows of a conflict of interest or appearance of conflict, please so state at this time.

Approval of minutes from Groundwater and Waste Management Committee (GWWMC) meeting on November 9, 2016 (attached).

II.     Action Items:

1.   Request to Proceed to the Environmental Management Commission for Public Comment and Hearing on proposed temporary rulemaking for the Hazardous Waste Generator Improvements Rule and Request for 30-day  (Julie Woosley, DWM)

Explanation:  The Hazardous Waste Generator Improvements Rule is a new federal Resource Conservation and Recovery Act (RCRA) regulation published in the Federal Register November 28, 2016. This regulation will go into effect May 30, 2017.  In addition to creating new provisions, this regulation also rearranges some of the existing RCRA rules -- in some cases vacating requirements that had existed in one section of a rule while creating comparable requirements in a different section.  On May 30, 2017, some of the federal rules, that would be automatically incorporated by reference, remove rules integral to the RCRA Program.  The new comparable replacement requirements described in the provisions of the Hazardous Waste Generator Improvements Rule must undergo state rulemaking and would not be adopted until January 1, 2018 (at the earliest).  This would result in the inability for North Carolina to enforce the hazardous waste management rules for approximately nine months. 

State rules governing hazardous waste management are found in Title 15A, Subchapter 13A of the North Carolina Administrative Code.  The proposed temporary rules will amend the provisions of .0101, .0102, .0106, .0107, .0108, .0109, .0110, .0111, .0112, .0113, .0118 and .0119 by un-adopting requirements which would otherwise automatically become effective with the federal rule on May 30, 2017.  This temporary rule action will allow the North Carolina hazardous waste regulatory program current rules to remain intact until permanent rulemaking is completed for the federal regulation so all parts of the new regulation are effective at one time (anticipated between January 1, 2018 to March 1, 2018).

Attachments:
1.       Attachment A: 15A NCAC 13A .0101 Revised
2.       Attachment B: 15A NCAC 13A .0102 Revised
3.       Attachment C: 15A NCAC 13A .0106 Revised
4.       Attachment D: 15A NCAC 13A .0107 Revised
5.       Attachment E:  15A NCAC 13A .0108 Revised
6.       Attachment F:  15A NCAC 13A .0109 Revised
7.       Attachment G: 15A NCAC 13A .0110 Revised
8.       Attachment H: 15A NCAC 13A .0111 Revised
9.       Attachment I:   15A NCAC 13A .0112 Revised
10.     Attachment J:   15A NCAC 13A .0113 Revised
11.      Attachment K:  15A NCAC 13A .0118 Revised
12.     Attachment L:  15A NCAC 13A .0119 Revised
13.     PowerPoint Presentation

 IV.     Closing Remarks - Chairman Puette

Adjournment 3-8-17