May 10, 2018 Agenda
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
May 10, 2018
9:00 a.m.
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.
J.D. Solomon, Chairman, Presiding
I. Preliminary Matters
1. Call to Order
2. Approval of minutes from Commission meeting on March 8, 2018 (attached)
3. Approval of minutes of Agenda Item 18-28 minutes from Special Called Commission meeting on April 12, 2018 (attached)
II. Action Items
(Note: The agenda item numbers are out of sequential order which is at the request and approval by the Chairman of the Environmental Management Commission.)
1. 18-34 Request by WASCO LLC for the Environmental Management Commission to Review Petition for Declaratory Ruling regarding the Applicability of 15A NCAC 13A .0113(a)
(DEQ Counsel) Hill Davis
(Counsel, Troutman Sanders) Sean Sullivan
WASCO - Reply, Corrected Exhibits
Exhibit 37 Corrected (5-9-18)
Exhibit 37 Affidavit 1
Exhibit 37 Affidavit 2
WASCO - Motion to Supplement the Record
Motion to Supplement the Record
Attachment I
Exhibit 41
1) Letter to EMC Clerk regarding Motion to Intervene
2) Motion to Intervene by Dyna-Diggr
3) WASCO LLC Memorandum in Support of Dyna-Diggr LLC's Motion to Intervene
4) Exhibit 40 (File Room Document Transmittal Sheet)
5) 2018-05-02 DEQ Response in Opposition to Motion to Intervene
6) WASCO LLC Reply to DEQ's Response to Motion to Intervene
7) Dyna-Diggr's Reply to DEQ's Response to Motion to Intervene
8) WASCO Document re: Decision Allowing Limited Intervention
a. DEQ Ex C-3 Excerpt (480-82)
b. DEQ Ex C-3 Excerpt (484-to-489)
WASCO Petition for Declaratory Ruling
WASCO Petition for Declaratory Ruling Exhibits
Exhibit 1
Exhibit 2-A
Exhibit 2-B
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Ex. 1
Ex. 2
Ex. 3
Ex. 4
Ex. 5
Ex. 6
Ex. 7
Ex. 8
Ex. 9
Ex. 10
Ex. 11
Ex. 12
Ex. 13
Ex. 14
Ex. 15
Ex. 16
Ex. 17
Ex. 18
Ex. 19
Ex. 20
Ex. 21
Ex. 22
Ex. 23
Ex. 24
Ex. 25
Ex. 26
Ex. 27
Ex. 28
Ex. 29
Ex. 30
Ex. 31
Ex. 32
Ex. 33
Ex. 34
Ex. 35
Ex. 36
Ex. 37
Figure-1 - Cover Page
Figure-1 - Graphic, NC HWS Operator Determinations (2009-2017)
Figure-2 - Cover Page
Figure-2 - State HW Program, Enabling Statute Overview (Dec. 2017)
Figure-3 - Cover Page
Figure-3 - Graphic from Letter to NC DEQ CG dated 04 May 2017
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 20
Exhibit 21
Exhibit 22
Exhibit 23
Exhibit 24
Exhibit 25
Exhibit 26
Exhibit 27
Exhibit 28-A
Exhibit 28-B
Exhibit 28-C
Exhibit 28-D
Exhibit 28-E
Exhibit 28-F
DEQ Response to WASCO Petition for Declaratory Ruling
Attachment A
Attachment B - Exhibits A thru L
Exhibit A
Exhibit B
Exhibit C1
Exhibit C2
Exhibit C3
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
WASCO LLC Reply Brief to DEQ Response in Petition for Declaratory Ruling
Reply Brief of WASCO LLC
Exhibit 29
Exhibit 30
Exhibit 31
Exhibit 32
Exhibit 33
Exhibit 34-1
Exhibit 34-2
Exhibit 35
Exhibit 36
Exhibit 37
Exhibit 37-Affidavit.1
Exhibit 38
Exhibit 39
2. 18-28 Request Adoption of Rule Revisions to Incorporate Federal Emission Guidelines and Rule Readoption of Commercial and Industrial Solid Waste Incinerator (CISWI) Rule 15A NCAC 02D .1210 and Final Approval of Regulatory Impact Analysis (539)
(DAQ) Brad Nelson
Attachment A – Hearing Officer’s Report
3. 18-29 Request Adoption of Rule Revisions to Incorporate Session Law 2017-10 Requirements and Rule Readoption of Motor Vehicle Inspection/Maintenance (I/M) Rules in 15A NCAC 02D Section .1000 and Final Approval of Fiscal Note (544)
(DAQ) Rahat Ashique
Attachment A – Hearing Officer's Report
4. 18-30 Request Readoption of Group 3 Air Quality Rules 15A NCAC 02D .1201-.1203, .1205-.1208, and .1211-.1212 and 2D Section .1100 and 02Q Section .0700 and Final Approval of Regulatory Impact Analysis (543)
(DAQ) Joelle Burleson
Attachment A – Hearing Officer's Report
5. 18-31 Request Final Approval of Adjusted Effective Date for Startup, Shutdown, and Malfunction (SSM) Rules 15A NCAC 02D .0535 and .0545 (545)
(DAQ) Joelle Burleson
Attachment A -Hearing Officer's Report
6. 18-32 Request Approval of Proposed Rule Revisions, Regulatory Impact Analysis, Fiscal Note and to Proceed to Public Hearing on Periodic Rule Readoption and Amendments for 15A NCAC 02C Well Construction Standards
(DWR) Debra Watts and (DHHS) Wilson Mize
Attachment A - 15A NCAC 02C.0100
Attachment B - 15A NCAC 02C.0200
Attachment C - 15A NCAC 02C.0300
Attachment D - Regulatory Impact Statement for 15A NCAC .02C .0100 and .0200
Attachment E - Fiscal Note for 15A NCAC 02C .0300
7. 18-33 Request Approval of Proposed Rule Revisions, Regulatory Impact Analysis and to Proceed to Public Hearing on Periodic Rule Readoption and Amendments for 15A NCAC 13B Section .1100 Scrap Tire Management Rules
(DWM) Jessica Montie
Attachment A – 15A NCAC 13B .1100 RIA and Rule
III. Information Item
1. 18-02 Adopt-A-Basin
(DWR) Tom Fransen
IV. Concluding Remarks
By Directors (Directors' Comments)
By Committee Chairs
By Commission Members
By Counsel
By Chairman
Adjournment 05-10-18