Groundwater & Waste Management Committee
January 2016 Minutes ENVIRONMENTAL MANAGEMENT COMMISSION GROUNDWATER AND WASTE MANAGEMENT COMMITTEE SUMMARY January 13, 2016 10:30 A.M. The Groundwater and Waste Management Committee (GWWMC) of the North Carolina Environmental Management Commission (EMC) did the following at its January 13, 2016 meeting:
Heard an Action Item to request to proceed to the Environmental Management Commission with amendments to Solid Waste Rules 15A NCAC 13B .0201 and .0206, and with proposed rule 15A NCAC 13B .0207 (Ellen Lorscheider, DWM).
On January 13, 2016, the GWWMC met in the Ground Floor Hearing Room at the Archdale Building in Raleigh, North Carolina. GWWMC Members in Attendance: Committee Chairman Kevin C. Martin Mr. David W. Anderson Mr. Charles Carter Dr. Albert R. Rubin
EMC Chairman Gerard Carroll Mr. Steve W. Tedder Mr. Bill Puette Ms. Julie Wilsey
Other Commissioners Who Attended: Dr. Lawrence W. Raymond
Mr. Steven Rowlan
Others Present: Ms. Jennie W. Hauser, Special Deputy Attorney General I.
Preliminary Matters:
In accordance to North Carolina General Statute § 138A-15, Chairman Kevin Martin asked if any GWWMC member knew of any known conflict of interest or appearance of conflict with respect to any item on the January 13, 2016 GWWMC agenda. None of the members stated there was a conflict. A motion was made by Mr. Steve Tedder to approve the minutes from the November 4, 2015 GWWMC. Motion was seconded by Dr. Albert Rubin. The minutes from the November 4, 2015 GWWMC meeting were unanimously approved.
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January 2016 Minutes II.
Action Item:
1. Request to proceed to the Environmental Management Commission with amendments to Solid Waste Rules 15A NCAC 13B .0201 and .0206, with proposed rule 15A NCAC 13B .0207 (Ellen Lorscheider, DWM). Presentation Description: Ms. Ellen Lorscheider presented on life-of-site permitting regulations. The Division of Waste Management (DWM) requests that modifications be made to these existing regulations - .0201 and .0206. In addition to the modifications, DWM proposes a new regulation be approved - .0207. The two session laws requiring these regulations were SL 2015-241 (Budget Bill) as rewritten by SL 2015286 (Regulatory Reform). SL 2015-241 included that these regulations be effective by July 1, 2016. In SL 2015-286, the fee schedule was revised and several types of permit actions were removed from the fee schedule. Annual fees remain for sanitary landfills and transfer stations. Ms. Lorscheider’s presentation included a table of annual fees at solid waste facilities. The life-of-site permit regulations are to be modified to cover facilities including: MSWLF (of three different sizes), C&DLF (of two different sizes), INDLF (of two different sizes), transfer stations (of two different sizes) and tire monofills – another type of sanitary landfill. The table identified how many of these types of facilities are covered by this new regulation. Processors, incinerators, compost facilities and land clearing and inert debris landfills (not considered a sanitary landfill) do not require and cannot obtain a life-of-site permit. The life-of-site statutes allow that a facility can get a permit for the amount of time that is equal to the initial placement of the waste to final closure of the facility. The renewal and modification fees are no longer paid by any facilities. Ms. Lorscheider presented a key point regarding a credit to be made to annual fees during the existing permit cycle (5 or 10 years) if more has been paid than the sum of the new fee amount during that cycle. Ms. Lorscheider presented the schedule for proposed .0201, .0206 and .0207 rules. The schedule identifies July 1, 2016 as the earliest effective date for the rule. Questions/Comments Question from Dr. Rubin: With a 5-year plan, are the permit to construct and the permit to operate separate? Ms. Lorscheider responded in the affirmative, however indicated that the language is changing for sanitary landfills and transfer stations. An overall permit will be issued: an “approval” to construct and an “approval” to operate. Question from Mr. David Anderson: Are landfill operators aware of this pending change, and if so have they commented? Ms. Lorscheider explained how writing the regulations was interactive with the landfill community. Mr. Anderson also asked if their feedback was positive, and if there were any
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January 2016 Minutes significant concerns? Ms. Lorscheider stated there is concern to ensure within the regulations that there is not a 5-year review of the permit. Question from Chairman Martin: Curious as to why landfills have life-of-site in years, and not in capacity. Why would the life-of-site not be done based on capacity rather than time? Ms. Lorscheider stated that the feedback received from the regulated community identifies it as a budgetary issue – they wanted a certain period of time to receive funding from the bank and have that length of time reflected in their permit. Chairman Martin and Ms. Lorscheider discussed two scenarios: if a facility has a life-of-site for 25-years and reached their capacity at 20-years, or they have a life-of-site for 25-years and are nowhere near capacity. Chairman Martin asked if their permit would expire in this second scenario. Ms. Lorscheider responded to the first scenario by stating if the facility fills their capacity and still had time left, they would have to come in and ask for a new life-of-site permit with increased capacity. In the second scenario, when their time is up and capacity is not filled, the facility would have to ask for additional life. Chairman Martin asked Ms. Lorscheider to check and see if the facility would need a new permit or a permit modification. Comment from Mr. Charles Carter regarding the two scenarios: If the permit ran out because the facility wasn’t fully utilized, there should be a process to simply renew the existing permit and not have to restart the permitting process. A motion was made by Dr. Rubin to move this to the full commission. The motion was seconded by Mr. Anderson. The motion passed unanimously. Chairman Martin suggested that this be added to the February special meeting, so the July 1, 2016 effective deadline would not be missed. EMC Chairman Gerard Carroll stated he was OK with this remaining on the March meeting schedule since we would only miss the July 1 deadline by a couple weeks by hearing it in March. Chairman Martin adjourned the GWWMC.
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Heard an Action Item to request to proceed to the Environmental Management Commission with amendments to Solid Waste Rules 15A NCAC 13B .0201 and .0206, and with proposed rule 15A NCAC 13B .0207 (Ellen Lorscheider, DWM).
On January 13, 2016, the GWWMC met in the Ground Floor Hearing Room at the Archdale Building in Raleigh, North Carolina. GWWMC Members in Attendance: Committee Chairman Kevin C. Martin Mr. David W. Anderson Mr. Charles Carter Dr. Albert R. Rubin
EMC Chairman Gerard Carroll Mr. Steve W. Tedder Mr. Bill Puette Ms. Julie Wilsey
Other Commissioners Who Attended: Dr. Lawrence W. Raymond
Mr. Steven Rowlan
Others Present: Ms. Jennie W. Hauser, Special Deputy Attorney General I.
Preliminary Matters:
In accordance to North Carolina General Statute § 138A-15, Chairman Kevin Martin asked if any GWWMC member knew of any known conflict of interest or appearance of conflict with respect to any item on the January 13, 2016 GWWMC agenda. None of the members stated there was a conflict. A motion was made by Mr. Steve Tedder to approve the minutes from the November 4, 2015 GWWMC. Motion was seconded by Dr. Albert Rubin. The minutes from the November 4, 2015 GWWMC meeting were unanimously approved.
1
January 2016 Minutes II.
Action Item:
1. Request to proceed to the Environmental Management Commission with amendments to Solid Waste Rules 15A NCAC 13B .0201 and .0206, with proposed rule 15A NCAC 13B .0207 (Ellen Lorscheider, DWM). Presentation Description: Ms. Ellen Lorscheider presented on life-of-site permitting regulations. The Division of Waste Management (DWM) requests that modifications be made to these existing regulations - .0201 and .0206. In addition to the modifications, DWM proposes a new regulation be approved - .0207. The two session laws requiring these regulations were SL 2015-241 (Budget Bill) as rewritten by SL 2015286 (Regulatory Reform). SL 2015-241 included that these regulations be effective by July 1, 2016. In SL 2015-286, the fee schedule was revised and several types of permit actions were removed from the fee schedule. Annual fees remain for sanitary landfills and transfer stations. Ms. Lorscheider’s presentation included a table of annual fees at solid waste facilities. The life-of-site permit regulations are to be modified to cover facilities including: MSWLF (of three different sizes), C&DLF (of two different sizes), INDLF (of two different sizes), transfer stations (of two different sizes) and tire monofills – another type of sanitary landfill. The table identified how many of these types of facilities are covered by this new regulation. Processors, incinerators, compost facilities and land clearing and inert debris landfills (not considered a sanitary landfill) do not require and cannot obtain a life-of-site permit. The life-of-site statutes allow that a facility can get a permit for the amount of time that is equal to the initial placement of the waste to final closure of the facility. The renewal and modification fees are no longer paid by any facilities. Ms. Lorscheider presented a key point regarding a credit to be made to annual fees during the existing permit cycle (5 or 10 years) if more has been paid than the sum of the new fee amount during that cycle. Ms. Lorscheider presented the schedule for proposed .0201, .0206 and .0207 rules. The schedule identifies July 1, 2016 as the earliest effective date for the rule. Questions/Comments Question from Dr. Rubin: With a 5-year plan, are the permit to construct and the permit to operate separate? Ms. Lorscheider responded in the affirmative, however indicated that the language is changing for sanitary landfills and transfer stations. An overall permit will be issued: an “approval” to construct and an “approval” to operate. Question from Mr. David Anderson: Are landfill operators aware of this pending change, and if so have they commented? Ms. Lorscheider explained how writing the regulations was interactive with the landfill community. Mr. Anderson also asked if their feedback was positive, and if there were any
2
January 2016 Minutes significant concerns? Ms. Lorscheider stated there is concern to ensure within the regulations that there is not a 5-year review of the permit. Question from Chairman Martin: Curious as to why landfills have life-of-site in years, and not in capacity. Why would the life-of-site not be done based on capacity rather than time? Ms. Lorscheider stated that the feedback received from the regulated community identifies it as a budgetary issue – they wanted a certain period of time to receive funding from the bank and have that length of time reflected in their permit. Chairman Martin and Ms. Lorscheider discussed two scenarios: if a facility has a life-of-site for 25-years and reached their capacity at 20-years, or they have a life-of-site for 25-years and are nowhere near capacity. Chairman Martin asked if their permit would expire in this second scenario. Ms. Lorscheider responded to the first scenario by stating if the facility fills their capacity and still had time left, they would have to come in and ask for a new life-of-site permit with increased capacity. In the second scenario, when their time is up and capacity is not filled, the facility would have to ask for additional life. Chairman Martin asked Ms. Lorscheider to check and see if the facility would need a new permit or a permit modification. Comment from Mr. Charles Carter regarding the two scenarios: If the permit ran out because the facility wasn’t fully utilized, there should be a process to simply renew the existing permit and not have to restart the permitting process. A motion was made by Dr. Rubin to move this to the full commission. The motion was seconded by Mr. Anderson. The motion passed unanimously. Chairman Martin suggested that this be added to the February special meeting, so the July 1, 2016 effective deadline would not be missed. EMC Chairman Gerard Carroll stated he was OK with this remaining on the March meeting schedule since we would only miss the July 1 deadline by a couple weeks by hearing it in March. Chairman Martin adjourned the GWWMC.
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