Groundwater and Waste Management Committee
May 2016 Minutes ENVIRONMENTAL MANAGEMENT COMMISSION GROUNDWATER AND WASTE MANAGEMENT COMMITTEE SUMMARY May 11, 2016 3:15 PM
In the event the previously scheduled committee meeting 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. The Groundwater and Waste Management Committee (GWWMC) of the North Carolina Environmental Management Commission (EMC) did the following at its May 11, 2016 meeting:
Heard an Action Item to request to proceed to the EMC 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 (HB74) (Julie Woosley, DWM). Heard an Action Item to request to proceed to the EMC 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). Heard an Action Item to request to proceed to the EMC to request their approval to send the periodic review of rules report for 15A NCAC 13C, Inactive Hazardous Substance or Waste Disposal Sites, to public notice and hearing in accordance with S.L. 2013-413 (HB 74) (Jim Bateson, DWM).
On May 11, 2016 the GWWMC met in the Ground Floor Hearing Room at the Archdale Building in Raleigh, North Carolina. GWWMC Members in Attendance: Mr. Bill Puette, Committee Chairman Mr. Kevin Martin, Vice Chairman of EMC Mr. Gerard Carroll
Dr. Albert Rubin Mr. E.O. Ferrell Mr. David Anderson
Other Commissioners Who Attended: Dr. Lawrence W. Raymond Others Present: Ms. Jennie W. Hauser, Special Deputy Attorney General I.
Preliminary Matters:
In accordance to North Carolina General Statute § 138A-15, Chairman Bill Puette asked if any GWWMC member knew of any known conflict of interest or appearance of conflict with respect to any item on the May 11, 2016 GWWMC agenda. None of the members stated there was a conflict. A motion was made to approve the minutes from the January 13, 2016 GWWMC. 1
May 2016 Minutes Motion was seconded. The minutes from the January 13, 2016 GWWMC meeting were unanimously approved. II.
Action Item:
1. Request 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). Presentation Description: Ms. Julie Woosley, Division of Waste Management (DWM) Hazardous Waste Section Chief, presented the regulatory review of 15A NCAC 13A, Hazardous Waste Management. The presentation also included an overview of regulatory requirements, review process, categories of determinations, initial determination and the process schedule. A review of the regulatory requirements was followed by information on the three step review process: 1) agency determination (unnecessary, necessary without substantive public interest or necessary with substantive public interest), 2) Rules Review Commission (RRC) and 3) Administrative Procedure Oversight (APO) Committee consultation. The presentation focused on the agency determination, and requested approval to move forward with the public input part of the process. Ms. Woosley presented a summary of the 13A rules and the table with the initial determination for each rule section. 15A NCAC 13A rules include 13A .0101, 13A .0114 (both necessary without substantive public interest), 13A .0102-.0113, 13A .0116-.0117, 13A .0118-.0119 (necessary with substantive public interest). Ms. Woosley presented the schedule for the determinations for public comment/EMC, public comment period, GWWMC update, EMC, RRC, final determinations, and commence rulemaking to re-adopt rules in accordance with APA. Questions/Comments: No questions or comments. Motion was made with the recommendation to proceed to the EMC with the review of the subject rules. Motion was seconded. Motion passed unanimously. 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). 2
May 2016 Minutes
Presentation Description: Ms. Ellen Lorscheider, DWM Solid Waste Section Chief, presented the regulatory review of 15A NCAC 13B, Solid Waste Management. The initial determination of the Solid Waste Management rules includes: 144 rules necessary with substantive public interest, 2 rules necessary without substantive public interest and 8 rules unnecessary. Ms. Lorscheider presented a table with each individual rule section, and identified whether the rule section is necessary with substantive public interest, necessary without substantive public interest or unnecessary. The schedule for the Solid Waste Rules is the same as the Hazardous Waste Management rules (Action Item 1). Questions/Comments: Question regarding the public comment process for these rules: Will all 154 rules be combined into one public hearing? Ms. Lorscheider responded in the affirmative. She added that when new rules are adopted at future dates, it will be a bigger process – potentially resulting in additional public meetings and interaction with the regulated community. Comment from Ms. Jennie Hauser: The printed spreadsheet of classifications (available online in advance of the meeting) did not match the version presented during the meeting (some rules classified with/without substantive public interest that were presented as unnecessary). Ms. Lorscheider responded that the version of the spreadsheet posted online should match the version presented during the Committee meeting. Ms. Hauser suggested the correct version be identified for the Committee to consider moving to the full Commission. Ms. Hauser asked Ms. Lorscheider to review the rules determined to be unnecessary so the Committee could be clear on the recommendation. Ms. Lorscheider provided the information, as requested by Ms. Hauser. Question: Is there a difference between sanitary landfills and municipal solid waste landfills? Ms. Lorscheider responded in the affirmative, and explained the difference to the Committee. Motion was made by Dr. Albert Rubin with the recommendation to proceed to the EMC with the review of the subject rules presented at the Committee meeting, with the correct information forwarded to the EMC. Motion was seconded by Mr. E.O. Ferrell. Motion passed unanimously.
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May 2016 Minutes 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 Substance or Waste Disposal Sites, to public notice and hearing in accordance with S.L. 2013413 (HB 74) (Jim Bateson, DWM). Presentation Description: Mr. Jim Bateson, DWM Superfund Section Chief, presented the regulatory review of 15A NCAC 13C Inactive Hazardous Substance or Waste Disposal Sites. 13C includes a total of 15 rules. Mr. Bateson provided a brief overview on each rule section: notice, prioritization system and voluntary remedial action oversight by Registered Environmental Consultants (RECs). The initial determinations included: rule section .0100 (Notice) considered necessary without substantive public interest, section .0200 (Prioritization) considered necessary without substantive public interest and section .0300 (voluntary remedial action oversight by Registered Environmental Consultants) considered necessary with substantive public interest. Mr. Bateson provided an overview of the REC program, including establishment and qualifications of RECs. Areas of potential REC rules changes were also identified. The schedule for the Inactive Hazardous Substance or Waste Disposal Sites rules is similar to the Hazardous Waste Management rules (Action Item 1) and Solid Waste Management rules (Action Item 2). Questions/Comments: Motion was made by Mr. Ferrell with the recommendation to proceed to the EMC with the review of the subject rules. Motion was seconded by Mr. Gerard Carroll. Motion passed unanimously. Chairman Puette adjourned the May 11, 2016 GWWMC meeting.
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In the event the previously scheduled committee meeting 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. The Groundwater and Waste Management Committee (GWWMC) of the North Carolina Environmental Management Commission (EMC) did the following at its May 11, 2016 meeting:
Heard an Action Item to request to proceed to the EMC 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 (HB74) (Julie Woosley, DWM). Heard an Action Item to request to proceed to the EMC 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). Heard an Action Item to request to proceed to the EMC to request their approval to send the periodic review of rules report for 15A NCAC 13C, Inactive Hazardous Substance or Waste Disposal Sites, to public notice and hearing in accordance with S.L. 2013-413 (HB 74) (Jim Bateson, DWM).
On May 11, 2016 the GWWMC met in the Ground Floor Hearing Room at the Archdale Building in Raleigh, North Carolina. GWWMC Members in Attendance: Mr. Bill Puette, Committee Chairman Mr. Kevin Martin, Vice Chairman of EMC Mr. Gerard Carroll
Dr. Albert Rubin Mr. E.O. Ferrell Mr. David Anderson
Other Commissioners Who Attended: Dr. Lawrence W. Raymond Others Present: Ms. Jennie W. Hauser, Special Deputy Attorney General I.
Preliminary Matters:
In accordance to North Carolina General Statute § 138A-15, Chairman Bill Puette asked if any GWWMC member knew of any known conflict of interest or appearance of conflict with respect to any item on the May 11, 2016 GWWMC agenda. None of the members stated there was a conflict. A motion was made to approve the minutes from the January 13, 2016 GWWMC. 1
May 2016 Minutes Motion was seconded. The minutes from the January 13, 2016 GWWMC meeting were unanimously approved. II.
Action Item:
1. Request 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). Presentation Description: Ms. Julie Woosley, Division of Waste Management (DWM) Hazardous Waste Section Chief, presented the regulatory review of 15A NCAC 13A, Hazardous Waste Management. The presentation also included an overview of regulatory requirements, review process, categories of determinations, initial determination and the process schedule. A review of the regulatory requirements was followed by information on the three step review process: 1) agency determination (unnecessary, necessary without substantive public interest or necessary with substantive public interest), 2) Rules Review Commission (RRC) and 3) Administrative Procedure Oversight (APO) Committee consultation. The presentation focused on the agency determination, and requested approval to move forward with the public input part of the process. Ms. Woosley presented a summary of the 13A rules and the table with the initial determination for each rule section. 15A NCAC 13A rules include 13A .0101, 13A .0114 (both necessary without substantive public interest), 13A .0102-.0113, 13A .0116-.0117, 13A .0118-.0119 (necessary with substantive public interest). Ms. Woosley presented the schedule for the determinations for public comment/EMC, public comment period, GWWMC update, EMC, RRC, final determinations, and commence rulemaking to re-adopt rules in accordance with APA. Questions/Comments: No questions or comments. Motion was made with the recommendation to proceed to the EMC with the review of the subject rules. Motion was seconded. Motion passed unanimously. 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). 2
May 2016 Minutes
Presentation Description: Ms. Ellen Lorscheider, DWM Solid Waste Section Chief, presented the regulatory review of 15A NCAC 13B, Solid Waste Management. The initial determination of the Solid Waste Management rules includes: 144 rules necessary with substantive public interest, 2 rules necessary without substantive public interest and 8 rules unnecessary. Ms. Lorscheider presented a table with each individual rule section, and identified whether the rule section is necessary with substantive public interest, necessary without substantive public interest or unnecessary. The schedule for the Solid Waste Rules is the same as the Hazardous Waste Management rules (Action Item 1). Questions/Comments: Question regarding the public comment process for these rules: Will all 154 rules be combined into one public hearing? Ms. Lorscheider responded in the affirmative. She added that when new rules are adopted at future dates, it will be a bigger process – potentially resulting in additional public meetings and interaction with the regulated community. Comment from Ms. Jennie Hauser: The printed spreadsheet of classifications (available online in advance of the meeting) did not match the version presented during the meeting (some rules classified with/without substantive public interest that were presented as unnecessary). Ms. Lorscheider responded that the version of the spreadsheet posted online should match the version presented during the Committee meeting. Ms. Hauser suggested the correct version be identified for the Committee to consider moving to the full Commission. Ms. Hauser asked Ms. Lorscheider to review the rules determined to be unnecessary so the Committee could be clear on the recommendation. Ms. Lorscheider provided the information, as requested by Ms. Hauser. Question: Is there a difference between sanitary landfills and municipal solid waste landfills? Ms. Lorscheider responded in the affirmative, and explained the difference to the Committee. Motion was made by Dr. Albert Rubin with the recommendation to proceed to the EMC with the review of the subject rules presented at the Committee meeting, with the correct information forwarded to the EMC. Motion was seconded by Mr. E.O. Ferrell. Motion passed unanimously.
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May 2016 Minutes 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 Substance or Waste Disposal Sites, to public notice and hearing in accordance with S.L. 2013413 (HB 74) (Jim Bateson, DWM). Presentation Description: Mr. Jim Bateson, DWM Superfund Section Chief, presented the regulatory review of 15A NCAC 13C Inactive Hazardous Substance or Waste Disposal Sites. 13C includes a total of 15 rules. Mr. Bateson provided a brief overview on each rule section: notice, prioritization system and voluntary remedial action oversight by Registered Environmental Consultants (RECs). The initial determinations included: rule section .0100 (Notice) considered necessary without substantive public interest, section .0200 (Prioritization) considered necessary without substantive public interest and section .0300 (voluntary remedial action oversight by Registered Environmental Consultants) considered necessary with substantive public interest. Mr. Bateson provided an overview of the REC program, including establishment and qualifications of RECs. Areas of potential REC rules changes were also identified. The schedule for the Inactive Hazardous Substance or Waste Disposal Sites rules is similar to the Hazardous Waste Management rules (Action Item 1) and Solid Waste Management rules (Action Item 2). Questions/Comments: Motion was made by Mr. Ferrell with the recommendation to proceed to the EMC with the review of the subject rules. Motion was seconded by Mr. Gerard Carroll. Motion passed unanimously. Chairman Puette adjourned the May 11, 2016 GWWMC meeting.
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