May 11 2016 GWWM Committee

GROUNDWATER AND WASTE MANAGEMENT COMMITTEE

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

May 11, 2016
3:30 PM – 5:00 PM

Bill Puette, Chairman, Presiding

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 Water Quality Committee. If any member knows of a conflict of interest or appearance of conflict, please so state at this time.

2.      Approval of minutes from Groundwater and Waste Management Committee (GWWMC) meeting on January 13, 2016 (attached)

II.      Action Items:

1. Proposed Approval to Proceed to the Environmental Management Commission to Request their Approval to send the Periodic Review of Rules Report for 15A NCAC 13A, Hazardous Waste Management, to Public Notice and Hearing in Accordance with S.L. 2013-413 (HB 74) (Julie Woosley, DWM)

Explanation:  The Division of Waste Management will seek approval to proceed to the Environmental Management Commission (EMC) with the review of these rules.  The rules review follows the procedure mandated by S.L. 2013-413 (HB 74) incorporated in to the Administrative Procedures Act.  The review covers rules in Subchapter 13A (15A NCAC 13A).  Staff recommends the initial determination to be "ncecssary with substantive public interest" for 16 of the rules in Subchapter 13A.  Staff recommends the initial determination to be "necessary without substantive public interest" for Rules .0101 and .0114.  Rule .0101 is general information and is currently in rulemaking.  Rule .0114 adopts a federal rule requiring sharing of information.

If approved by the EMC in July, staff will conduct a public comment period on the report with these initial determinations.

Attachments:  Spreadsheet for Rule Subchapter 13A and Powerpoint Presentation.

Recommendation:  That the GWWMC approve to proceed to the EMC with the review of the subject rules.  The rules review follows the procedure mandated by HB 74.  If approved by the EMC in July, the rules would then move to the public comment phase of the HB 74 review required by S.L. 2013-413.

2. Request Approval to Proceed to the Environmental Management Commission to Request their Approval to send the Periodic Review of Rules Report for 15A NCAC 13B, Solid Waste Sites, to Public Notice and Hearing in Accordance with S.L. 2013-413 (HB 74)  - (Ellen Lorscheider, DWM)

Recommendation:  That the GWWMC approve to proceed to the EMC with the review of the subject rules.  The rules review follows the procedure mandated by HB 74.  If approved by the EMC in July, the rules would then move to the public comment phase of the HB 74 review required by S.L. 2013-413.

Attachments:  Spreadsheet for Rule Subchapter 13B and Powerpoint Presentation

3. Request Approval to Proceed to the Environmental Management Commission to Request their Approval to send the Periodic Review of Rules Report for 15A NCAC 13C, Inactive Hazardous Sybstance or Waste Disposal Sites, to Public Notice and Hearing in Accordance with S.L. 2013-413 (HB 74)  – (Jim Bateson, DWM) 

Recommendation:   That the GWWMC approve to proceed to the EMC with the review of the subject rules.  The rules review follows the procedure mandated by HB 74.  If approved by the EMC in July, the rules would then move to the public comment phase of the HB 74 review required by S.L. 2013-413.

Attachments:  Spreadsheet for Rule Subchapter 13C and PowerPoint Presentation

III. Closing Remarks - Chairman Puette

Adjournment 5-11-16