Proposed Changes to 15A NCAC 13B Rules .0201, .0206, and Proposed

Proposed Changes to 15A NCAC 13B Rules .0201, .0206, and Proposed Rule .0207 for Solid Waste Life-of-Site Permitting Environmental Management Commission - July 14, 2016 Division of Waste Management

Public Hearing and Comment Period Rule changes required by Session Law 2015-241(Budget Bill) as rewritten by SL 2015-286 (Regulatory Reform) Amendments to rules to 15A NCAC 13B .0201 and .0206, and new proposed rule 15A NCAC 13B .0207 were published in the NC Register for comment on April 15, 2016. The comment period ended on June 14, 2016. A public hearing was held in Raleigh on May 4, 2016, with Commissioner Craven serving as the Hearing Officer. The Hearing Officer’s Report was provided as an attachment. During the comment period, one comment letter was received from Waste Industries USA, Inc. Similar comments were also presented by Phil Carter with Waste Industries USA, Inc. at the public hearing. 2

Comments The comments requested that the proposed rule changes be edited to: Strike paragraph (g) from Rule .0201 to remove rule requirement for five-year permit reviews at all facilities, including those without life of site permits; and Strike the remaining paragraph of Rule .0206, thereby repealing the entire rule, to eliminate the requirement for a five-year review for facilities with ten-year permits; and Amend paragraphs (c) and (f) of new rule .0207 to remove permit application and review requirements where an existing permit already defines the entire footprint and useful life. 3

Response In response to these comments, the Division is recommending that the rules be revised from the published version as follows: Amend Rule .0201 to remove paragraph (g), which will remove the requirement in the rules for five-year permit reviews at all facilities, including those without life of site permits; and Repeal Rule .0206 instead of amending, which will eliminate the requirement for a five-year review for facilities with ten-year permits; and Amend paragraphs (c) and (f) of proposed new rule .0207 to clarify that a full application and review process will not be required when a sanitary landfill or transfer station has an existing permit, and to define the information that is required to be submitted with a written request to issue a life of site permit. 4

Amendments to .0201 – Permit Required 15A NCAC 13B .0201 is amended with changes as published in 30:20 NCR 2139 as follows: 15A NCAC 13B .0201 PERMIT REQUIRED (a) No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storagestorage, or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b). (b) No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first obtaining having been issued a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b). (c) No solid waste management facility shall be established, operated, maintained, constructed, expandedexpanded, or modified without an appropriate and a currently valid permit issued by the Division.Division for the specified type of disposal activity. It is the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located. (d) The solid waste management facility permit, except for land clearing and inert debris permits, shall have two parts, as follows: (1) A permit approval to construct a solid waste management facility or portion of a facility shall be issued by the Division after site and construction plans have been approved and it has been determined that the facility can be operated in accordance with Article 9 of Chapter 130A and the applicable rules set forth in this Subchapter, and other applicable state, federalfederal, and local laws. An applicant shall not clear or grade land or commence construction for a solid waste management facility or a portion thereof until a construction permit approval to construct has been issued. (2) A permit approval to operate a solid waste management facility may shall not be issued unless it has been determined that the facility has been constructed in accordance with the construction permit, plans, that any pre-operativepre-operation conditions of the construction permit to construct have been met, and that the construction permit has been recorded, if applicable, in accordance with Rule .0204 of this Section. (e) Land clearing and inert debris facilities may be issued a combined permit that includes approval to construct and operate the facility. (f) Land clearing and inert debris facilities subject to Rule .0563 Item (1) .0563(1) of this Subchapter may construct and operate after notification as provided for under Rule .0563 Item (2).0563(2) of this Subchapter. . (g) Permits, [except for life-of-site permits issued pursuant to Rule .0207 of this Section,] including those issued prior to the effective date of this Rule, shall be reviewed every five years. Modifications, where necessary, shall be made in accordance with rules in effect at the time of [review. ]review for those areas of a permitted sanitary landfill site which have not previously received solid waste. (h) All solid waste management facilities shall be operated in conformity with these Rules and in such a manner as to prevent the creation of create a nuisance, or an unsanitary condition, conditions, or a potential public health hazard. 5 shall not

Repeal of .0206 – 10-Year Permits 15A NCAC 13B .0206 originally proposed to be amended in 30:20 NCR 2139 is repealed as follows: 15A NCAC 13B .0206 OPTION TO APPLY FOR ISSUANCE OF 10-YEAR PERMIT FOR SANITARY LANDFILL OR TRANSFER STATION (a) An applicant for a sanitary landfill or transfer station permit subject to Section .0400, .0500 or .1600 of these Rules may apply for a permit for a design, construction and operation phase of five years or a design, construction and operation phase of ten years. A permit for a ten-year phase of construction and operation of a sanitary landfill shall meet the five-year phase requirements contained in Section .0500 and .1600, applied in two five-year increments. (b) A permit issued [prior to July 1, 2016 ]for a designed[design] phase of ten years shall be subject to review within five years of the issuance date, as provided in Rule .0201(g).[.0201(g) of this Section.] Permit modifications issued for a ten-year phase of construction or operation of a sanitary landfill or transfer station shall be made in accordance with rules in effect at the time of review and include an updated operations plan for the facility, revisions to the closure and post-closure plans and costs, and updates to the environmental monitoring plans. History Note: Authority G.S. 130A-294; S.L. 2012-187, s.15.1; S.L. 2015-286, s.4.9; Eff. July 1, 2013. 2013; Amended Repealed Eff. September 1, 2016. 6

Proposed .0207 – Life of Site Permits 15A NCAC 13B .0207 is adopted with changes as published in 30:20 NCR 2139 as follows: 15A NCAC 13B .0207 LIFE-OF-SITE PERMIT ISSUED FOR A SANITARY LANDFILL OR TRANSFER STATION (a) A new or existing sanitary landfill or transfer station permit shall be subject to Section .0400, .0500, or .1600 of this Subchapter and shall be for the life-of-site as defined in G.S. 130A-294(a2). (b) A life-of-site permit application for a new sanitary landfill shall contain design, construction, site development, and operation plans. Site development plans shall show the phases or progression of operation in periods of no less than five years and no greater than the life of the site as contained in the facility plan. The life-of-site of a sanitary landfill shall be specified in the facility plan prepared in accordance with Section .0500 or .1600 of this Subchapter. (c) A life-of-site permit application for a sanitary landfill that has an existing permit as of July 1, 2016 shall be considered complete when it includes the definition of the entire waste boundary and a specification of the life-of-site quantified in the facility plan. An existing permit shall be approved for the life of the site within 90 days of submission of the complete application. approved for a life-of-site permit within 90 days of submittal of the following updated permit information: (1) a specification of the life-of-site quantified in the site development or facility plan; (2) landfill capacity in years, projected for the life of the site; (3) average monthly disposal rates and estimated variances; and (4) a copy of the local government franchise agreement or approving resolution for the life of the site. (d) Each phase within a life-of-site permit for sanitary landfills shall be designed and constructed in accordance with Sections .0500 or .1600 of this Subchapter. SitePhase development plans shall show the phases or progression of construction and operation in periods of no less than five years and no greater than the life of the site as contained in the site development or facility plan. (e) A life-of-site permit application for a new transfer station shall conform to the requirements of Section .0400 of this Subchapter and shall contain a site plan for the life of the site. A specification of theThe life-of-site of a transfer station shall be quantifiedspecified in the site plan prepared in accordance with Section .0400 of this Subchapter. (f) A life-of-site permit application for a transfer facility that has an existing permit as of July 1, 2016 shall be approved for a life-of-site permit upon submittal of a written request which shall include a specification of the quantified life-of-site.considered complete when it includes a specification of the life-of-site quantified in the site plan prepared in accordance with Section .0400 of this Subchapter. An existing permit shall be approved for the life of the site within 90 days of submission of the complete application. 7

Fiscal Note The Fiscal Note for the rule changes as they were published in the NC Register was approved by OSBM on March 24, 2016 and posted on the DEQ and Solid Waste Section websites during the comment period, and has been provided as an attachment. An impact to state government revenues was estimated due to the changes in permit fees, however the permit fees were changed via statute and not a rule change. No substantial impact or impacts to local government were estimated. 8

Schedule for Proposed .0201, .0206 and .0207 Life-ofSite Permit Rules Date Action Nov 4, 2015 GWWMC: Approval of proposed text and to go before EMC. Mar 10, 2016 EMC: Approval of text, public hearing, assign Hearing Officer. Mar 15, 2016 Rule published in NC Register and Agency website; Comment Period Begins. Apr 15, 2016 Earliest date for public hearing. Jun 14, 2016 Comment Period Ends. Jul 14, 2016 EMC: Adoption of Rule. Aug 18, 2016 RRC: Approval by RRC. Sep 1, 2016 Earliest effective date for rule. Department of Environmental Quality 9

Requests The Division is asking that the EMC: Approve the Fiscal Note, Approve the Hearing Officer’s Report, Adopt the proposed amendments to Rule 15A NCAC 13B .0201 with changes from the published version Repeal Rule 15A NCAC 13B .0206 as opposed to adopting the rule amendment in the published version; and Adopt new rule 15A NCAC 13B .0207 with changes from the published version 10

Questions? Ed Mussler, Solid Waste Permitting Branch Head Division of Waste Management (919) 707-8281 Department of Environmental Quality 11