November 9, 2016 GWWM Committee
GROUNDWATER AND WASTE MANAGEMENT COMMITTEE
512 N. Salisbury Street
Archdale Building-Ground Floor Hearing Room
November 9, 2016
9:00 a.m. – 12:00 Noon
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 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 September 7, 2016 (attached).
II. Action Items:
1. Request to Proceed to the Environmental Management Commission (EMC) in November with 15A NCAC 13B .2000 rules for Coal Combustion Residuals (with a 30 day waiver) (Ellen Lorscheider, DWM)
Explanation: Adopt 40 CFR 257.50-.107 Coal Combustion Residuals Rule Language
Attachments:
15A NCAC 13B .2000 Draft without Groundwater Standards
15A NCAC 13B .2000 Draft with 2L Standards
Powerpoint Presentation
Recommendations: Request Approval to Proceed to the EMC in November with 15A NCAC 13B .2000 rules for Coal Combustion Residuals with a 30 day waiver
III. Information Items:
1. 15A NCAC 13A Periodic Rule Review Spreadsheet Update after Public Comment Period (Julie Woosley, DWM)
Explanation: Julie S. Woosley, Section Chief with the Hazardous Waste Section, will provide an update on the periodic rule review process for the rules in 15A NCAC 13A. The rules review follows the procedure mandated by S.L. 2013-413 (HB 74) incorporated in to the Administrative Procedures Act. The 60-day public comment period for the initial Staff determinations of the rules in Subchapter 13A has been completed. No public comments were received.
If approved by the EMC in January 2017, the report would be submitted to the Rules Review Commission (RRC) (the second step of the HB 74 review required by S.L. 2013-413) in March 2017.
Attachments: 15A NCAC 13A Report
Powerpoint Presentation
2. 15A NCAC 13B Periodic Rule Review Spreadsheet Update after Public Comment Period (Jessica Montie, DWM)
Explanation: Jessica Montie, Compliance Officer with the Solid Waste Section, will provide an update on the periodic rule review process for the rules in 15A NCAC 13B. The rule review follows the procedure mandated by S.L. 2013-413 (HB 74) incorporated in to the Administrative Procedures Act. The 60-day public comment period for the initial staff determinations of the rules in Subchapter 13B has been completed. A summary of comments is provided as an attachment.
If approved by the EMC in January 2017, the report would be submitted to the RRC (the second step of the HB 74 review required by S.L. 2013-413) in March 2017.
Attachments:
1. 15A NCAC 13B Final Determination Spreadsheet
2. 15A NCAC 13B Summary of Comments and Agency Responses
3. Powerpoint Presentation
3. 15A NCAC 13C Periodic Rule Review Spreadsheet Update after Public Comment Period (Jim Bateson, DWM)
Explanation: Jim Bateson, Section Chief of the Superfund Section, will provide an update on the periodic rule review process for the rules in 15A NCAC 13C. The rule review follows the procedure mandated by S.L. 2013-413 (HB 74) incorporated in to the Administrative Procedures Act. The 60-day public comment period for the initial staff determinations of the rules in Subchapter 13C has been completed. A summary of comments is provided as an attachment.
If approved by the EMC in January 2017, the report would be submitted to the RRC (the second step of the HB 74 review required by S.L. 2013-413) in March 2017.
Attachments:
1. 15A NCAC 13C Final Determination Spreadsheet
2. 15A NCAC 13C Summary of Comments and Agency Responses
3. Powerpoint Presentation
4. 15A NCAC 02S Period Review of Existing Rules of S.L. 2013-413 (Pete Dorn, DWM)
Explanation: The 15A NCAC 02S rules have undergone the periodic review of existing rules process and the final determination report is complete. Per G.S. 150B-21.3A (d), the RRC is responsible for establishing the re-adoption date in consultation with the agency. Following this GWWM Committee meeting, the agency anticipates proposing to the RRC a re-adoption date of July 2018 for the 15A NCAC 02S rules. Staff will provide a summary of the anticipated re-adoption schedule, the scope of proposed rule amendments, and the stakeholder involvement process.
Attachment: Powerpoint Presentation
5. Report to EMC August 1, 2016 per Part III. Section 4.(e) of the Coal Ash Management Act of 2014 (Tony Mathis, Duke Energy Manager-Byproducts Reuse & Technical Support)
Attachments: 1. Report including:
2016 Duke Energy 7-18-16 letter to EMC
(Phases 1, 2 and 3 are in one document)
Phase 1: Market Assessment Study
Phase 2: Beneficiation Technologies Study
Phase 3: Innovative Technologies Study
2. Powerpoint Presentation
IV. Closing Remarks - Chairman Puette
Adjournment 11-9-16