CHAPTER 13 – SOLID WASTE MANAGEMENT
SUBCHAPTER 13A - HAZARDOUS WASTE MANAGEMENT
SECTION .0100 - HAZARDOUS WASTE
15A NCAC 13A .0101 GENERAL
(a) The Hazardous Waste Section of the Division of Waste
Management shall administer the hazardous waste management program for the
State of North Carolina.
(b) In applying the federal requirements incorporated by
reference throughout this Subchapter, the following substitutions or exceptions
shall apply:
(1) "Department of Environment and Natural
Resources" shall be substituted for "Environmental Protection
Agency" except in 40 CFR 262.51 through 262.54, 262.56, 262.57, and Part
124 where references to the Environmental Protection Agency shall remain
without substitution;
(2) "Secretary of the Department of
Environment and Natural Resources" shall be substituted for
"Administrator," "Regional Administrator," "Assistant
Administrator" and "Director" except for 40 CFR 262.55 through
262.57, 264.12(a), 268.5, 268.6, 268.42(b), 268.44, and Part 124 where the
references to the Administrator, Regional Administrator, Assistant
Administrator and Director shall remain without substitution.
(c) In the event that there are inconsistencies or
duplications in the requirements of those Federal rules incorporated by
reference throughout this Subchapter and the State rules set out in this
Subchapter, the provisions incorporated by reference shall prevail except where
the State rules are more stringent.
(d) 40 CFR 260.1 through 260.3 (Subpart A),
"General," are incorporated by reference including subsequent
amendments and editions.
(e) 40 CFR 260.11, "References", is incorporated
by reference including subsequent amendments and editions.
(f) Copies of all materials in this Subchapter may be
inspected or obtained as follows:
(1) Persons interested in receiving rule‑making
notices concerning the North Carolina Hazardous Waste Management Rules must
submit a written request to the Hazardous Waste Section, PO Box 29603, Raleigh,
N.C. 27611‑9603. A check in the amount of fifteen dollars ($15.00) made
payable to The Hazardous Waste Section must be enclosed with each request.
Upon receipt of each request, individuals shall be placed on a mailing list to
receive notices for one year.
(2) Material incorporated by reference in the
Federal Register may be obtained from the Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402 at a cost of seven hundred and
sixty four dollars ($764.00) per year. Federal Register materials are codified
once a year in the Code of Federal Regulations and may be obtained at the above
address for a cost of: 40 CFR 100‑135 forty two dollars ($42.00), 40 CFR
260‑265 forty seven dollars ($47.00) and 40 CFR 266-299, forty seven
dollars ($47.00), total one hundred thirty six dollars ($136.00).
(3) The North Carolina Hazardous Waste
Management Rules, including the incorporated by reference materials, may be
obtained from the Hazardous Waste Section at the cost to the Section.
(4) All material is available for inspection at
the Department of Environment and Natural Resources, Hazardous Waste Section, 401
Oberlin Road, Raleigh, NC.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. September 1, 1979;
Amended Eff. June
1, 1989; June 1, 1988; August 1, 1987; May
1, 1987;
Transferred and Recodified from 10 NCAC 10F .0001 Eff. April
4, 1990;
Amended Eff. October
1, 1993; April 1, 1993; October 1, 1992; December
1, 1991;
Recodified from 15A NCAC 13A .0001 Eff. December 20, 1996;
Amended Eff. August
1, 2004; August 1, 2000; August 1, 1998; August
1, 1997.
15A NCAC 13A .0102 DEFINITIONS
(a) The definitions
contained in G.S. 130A‑290 apply to this Subchapter.
(b) 40 CFR 260.10
(Subpart B), Definitions, is incorporated by reference, including subsequent
amendments and editions except that the Definitions for "Disposal",
"Landfill", "Management or hazardous waste management",
"Person", "Sludge", "Storage", and "Treatment"
are defined by G.S. 130A‑290 and are not incorporated by reference and
the definition in 260.10 for "Contained" is not incorporated by
reference.
(c) The following
definition shall be substituted for "Contained": "Contained"
means held in a unit (including a land-based unit as defined in this subpart)
that meets the following criteria:
(1) The
unit is in good condition, with no leaks or other continuing or intermittent
unpermitted releases of the hazardous secondary materials or hazardous
constituents originating from the hazardous secondary materials to the environment,
and is designed, as appropriate for the hazardous secondary materials, to
prevent releases of hazardous secondary materials to the environment.
Unpermitted releases are releases that are not covered by a permit (such as a
permit to discharge to water or air) and may include, but are not limited to,
releases through surface transport by precipitation runoff, releases to soil
and groundwater, windblown dust, fugitive air emissions, and catastrophic unit
failures;
(2) The
unit is properly labeled or otherwise has a system (such as a log) to
immediately identify the hazardous secondary materials in the unit; and
(3) The
unit holds hazardous secondary materials that are compatible with other
hazardous secondary materials placed in the unit and is compatible with the
materials used to construct the unit and addresses any potential risks of fires
or explosions.
(4) Hazardous
secondary materials in units that meet the applicable requirements of 40 CFR
parts 264 or 265 are presumptively contained.
(d) The following
additional definitions shall apply throughout this Subchapter:
(1) "Section"
means the Hazardous Waste Section, in the Division of Waste Management,
Department of Environmental Quality.
(2) The
"Department" means the Department of Environmental Quality (DEQ).
(3) "Division"
means the Division of Waste Management (DWM).
(4) "Long
Term Storage" means the containment of hazardous waste for an indefinite
period of time in a facility designed to be closed with the hazardous waste in
place.
(5) "Off-site
Recycling Facility" means any facility that receives shipments of
hazardous waste from off-site to be recycled or processed for recycling through
any process conducted at the facility, but does not include any facility owned
or operated by a generator of hazardous waste solely to recycle their own
waste.
History
Note: Authority G.S. 130A 294(c); 150B-21.6;
Eff. September 1, 1979;
Amended Eff. June 1, 1989; June 1, 1988; February 1,
1987; October 1, 1986;
Transferred and Recodified from 10 NCAC 10F .0002 Eff.
April 4, 1990;
Amended Eff. April 1, 1993; October 1, 1990; August 1,
1990;
Recodified from 15A NCAC 13A .0002 Eff. December 20,
1996;
Amended Eff. August 1, 2000;
Temporary Amendment Eff. January 1, 2009;
Amended Eff. July 1, 2010;
Temporary Amendment Eff. December 1, 2015.
15A NCAC 13A .0103 PETITIONS PART 260
(a) All rulemaking petitions for changes in this Subchapter
shall be made in accordance with 15A NCAC 02I .0501.
(b) In applying the federal requirements incorporated by
reference in this Rule, 15A NCAC 02I .0501 shall be substituted for references
to 40 CFR 260.20.
(c) 40 CFR 260.21 through 260.43 (Subpart C),
"Rulemaking Petitions," are incorporated by reference including
subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. November 19, 1980;
Amended Eff. June 1, 1988; May 1, 1987; January 1, 1986;
October 1, 1985;
Transferred and Recodified from 10 NCAC 10F .0028 Eff.
April 4, 1990;
Amended Eff. April 1, 1993; November 1, 199; October 1,
1990;
Recodified from 15A NCAC 13A .0003 Eff. December 20,
1996;
Amended Eff. August 1, 2000;
Temporary Amendment Eff. January 1, 2009;
Amended Eff. July 1, 2010;
Temporary Amendment Eff. December 1, 2015.
15A NCAC 13A .0104 PUBLIC INFORMATION ‑ PART 2
(a) The provisions concerning requests for information in
40 CFR 2.100 to 2.121 (Subpart A) are incorporated by reference including
subsequent amendments and editions, except that 40 CFR 2.106(b), 2.112(f), and
2.120 are not incorporated by reference.
(b) The following address for the Headquarters Freedom of
Information Operations (1105) is substituted for the address 1200 Pennsylvania
Ave., N.W., Washington, DC 20460 in 40 CFR 2.106(a) and 2.213(a): Division of
Waste Management, 1646 Mail Service Center, Raleigh, NC 27699-1646.
(c) The provisions concerning confidentiality of business
information in 40 CFR 2.201 to 2.311 (Subpart B) are incorporated by reference
including subsequent amendments and editions, except that 40 CFR 2.209 (b) and
(c), 2.301, 2.302, 2.303, 2.304, 2.306, 2.307, 2.308, 2.309, 2.310 and 2.311
are not incorporated by reference.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. January 1, 1986;
Amended Eff. June 1, 1988;
Transferred and Recodified from 10 NCAC 10F .0040 Eff.
April 4, 1990;
Amended Eff. August 1, 1990;
Recodified from 15A NCAC 13A .0005 Eff. August 30, 1990;
Amended Eff. April 1, 1993; October 1, 1990;
Recodified from 15A NCAC 13A .0004 Eff. December 20,
1996;
Amended Eff. May 1, 2002; August 1, 2000.
15A NCAC 13A .0105 GENERAL PROGRAM REQUIREMENTS ‑
PART 124
(a) 40 CFR 124.1 through 124.21 (Subpart A), "General
Program Requirements", are incorporated by reference including subsequent
amendments and editions, except that 40 CFR 124.2(c) is not incorporated by
reference.
(b) 40 CFR 124.31 through 124.33 (Subpart B),
"Specific Procedures Applicable to RCRA Permits", are incorporated by
reference including subsequent amendments and editions, except that 40 CFR
124.31(a), 124.32(a) and 124.33(a) are not incorporated by reference.
(1) The following shall be substituted for the
provisions of 40 CFR 124.31(a) which are not incorporated by reference:
(A) Applicability. The requirements of this section
shall apply to all RCRA part B applications seeking initial permits for
hazardous waste management units and shall also apply to RCRA part B
applications seeking renewal of permits for such units, where the renewal
application is proposing a significant change in facility operations. For the
purposes of this Section, a "significant change" is any change that
would qualify as a class 3 permit modification under 40 CFR 270.42.
(B) The requirements of this Section do not apply to
permit modifications under 40 CFR 270.42 or to applications that are submitted
for the sole purpose of conducting post-closure activities or post-closure
activities and corrective action at a facility.
(2) The following shall be substituted for the
provisions of 40 CFR 124.32(a) which are not incorporated by reference:
(A) Applicability. The requirements of this Section
shall apply to all RCRA part B applications seeking initial permits for
hazardous waste management units.
(B) The requirements of this Section shall apply to RCRA
part B applications seeking renewal of permits for such units under 40 CFR
270.51.
(C) The requirements of this Section do not apply to
permit modifications under 40 CFR 270.42 or permit applications submitted for
the sole purpose of conducting post-closure activities or post-closure
activities and corrective action at a facility.
(3) The following shall be substituted for the
provisions of 40 CFR 124.33(a) which are not incorporated by reference:
Applicability. The requirements of this Section apply to all applications
seeking RCRA permits for hazardous waste management units.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. November 19,1980;
Amended Eff. February 1, 1988; October 1, 1986; July 1,
1986; July 1, 1985;
Transferred and Recodified from 10 NCAC 10F .0035 Eff.
April 4, 1990;
Recodified from 15A NCAC 13A .0006 Eff. August 30, 1990;
Amended Eff. April 1, 1993; October 1, 1990;
Recodified from 15A NCAC 13A .0005 Eff. December 20,
1996;
Amended Eff. August 1, 1998.
15A NCAC 13A .0106 IDENTIFICATION AND LISTING OF HAZARDOUS
WASTES - PART 261
(a) 40 CFR 261.1 through 261.9 (Subpart A),
"General", are incorporated by reference including subsequent
amendments and editions.
(b) 40 CFR 261.10 through 261.11 (Subpart B),
"Criteria for Identifying the Characteristics of Hazardous Waste and for
Listing Hazardous Waste", are incorporated by reference including
subsequent amendments and editions.
(c) 40 CFR 261.20 through 261.24 (Subpart C),
"Characteristics of Hazardous Waste" are incorporated by reference
including subsequent amendments and editions.
(d) 40 CFR 261.30 through 261.37 (Subpart D), "Lists
of Hazardous Wastes" are incorporated by reference including subsequent
amendments and editions.
(e) 40 CFR 261.38 through 261.41 (Subpart E),
"Exclusions/Exemptions" are incorporated by reference including
subsequent amendments and editions.
(f) 40 CFR 261.140 through 261.151 (Subpart H),
"Financial Requirements for Management of Excluded Hazardous Secondary
Materials" are incorporated by reference including subsequent amendments
and editions.
(g) 40 CFR 261.170 through 261.179 (Subpart I), "Use
and Management of Containers" are incorporated by reference including
subsequent amendments and editions.
(h) 40 CFR 261.190 through 261.200 (Subpart J), "Tank
Systems" are incorporated by reference including subsequent amendments and
editions.
(i) 40 CFR 261.400 through 261.420 (Subpart M), "Emergency
Preparedness and Response for Management of Excluded Hazardous Secondary Materials"
are incorporated by reference including subsequent amendments and editions.
(j) 40 CFR 261.1030 through 261.1049 (Subpart AA),
"Air Emission Standards for Process Vents", are incorporated by
reference including subsequent amendments and editions.
(k) 40 CFR 261.1050 through 261.1079 (Subpart BB),
"Air Emission Standards for Equipment Leaks" are incorporated by
reference including subsequent amendments and editions.
(l) 40 CFR 261.1080 through 261.1090 (Subpart CC),
"Air Emission Standards for Tanks and Containers" are incorporated by
reference including subsequent amendments and editions.
(m) The Appendices to 40 CFR Part 261 are incorporated by
reference including subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. November 19, 1980;
Amended Eff. June 1, 1988; February 1, 1988; December 1,
1987; August 1, 1987;
Transferred and Recodified from 10 NCAC 10F .0029 Eff.
April 4, 1990;
Amended Eff. January 1, 1996; April 1, 1993; February 1,
1992; December 1, 1990;
Recodified From 15A NCAC 13A .0006 Eff. December 20,
1996;
Amended Eff. April 1, 2007; August 1, 2000;
Temporary Amendment Eff. January 1, 2009;
Amended Eff. July 1, 2010;
Temporary Amendment Eff. December 1, 2015.
15A NCAC 13A .0107 STDS APPLICABLE TO GENERATORS OF
HAZARDOUS WASTE ‑ PART 262
(a) 40 CFR 262.10 through 262.12 (Subpart A), "General",
are incorporated by reference including subsequent amendments and editions.
(b) 40 CFR 262.20 through 262.27 (Subpart B), "The
Manifest", are incorporated by reference including subsequent amendments
and editions except that 262.24, 262.25, and 262.26 are not incorporated by
reference.
(c) 40 CFR 262.30 through 262.34 (Subpart C), "Pre‑Transport
Requirements", are incorporated by reference including subsequent
amendments and editions.
(d) 40 CFR 262.40 through 262.44 (Subpart D), "Recordkeeping
and Reporting", are incorporated by reference including subsequent
amendments and editions. In addition, a generator shall keep records of
inspections and results of inspections required by Section 262.34 for at least
three years from the date of the inspection.
(e) 40 CFR 262.50 through 262.58 (Subpart E), "Exports
of Hazardous Waste", are incorporated by reference including subsequent
amendments and editions.
(f) 40 CFR 262.60 (Subpart F), "Imports of Hazardous
Waste", is incorporated by reference including subsequent amendments and
editions.
(g) 40 CFR 262.70 (Subpart G), "Farmers" is
incorporated by reference including subsequent amendments and editions.
(h) 40 CFR 262.80 through 262.89 (Subpart H), "Transfrontier
Shipments of Hazardous Waste for Recovery within the OECD", are
incorporated by reference including subsequent amendments and editions, except
that 40 CFR 262.89(e) is not incorporated by reference.
(i) 40 CFR 262.200 through 262.216 (Subpart K), "Alternative
Requirements for Hazardous Waste Determination and Accumulation of Unwanted
Material for Laboratories Owned by Eligible Academic Entities", is
incorporated by reference including subsequent amendments and editions.
(j)The appendix to 40 CFR Part 262 is incorporated by
reference including subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. November 19, 1980;
Amended Eff. December 1, 1988; June 1, 1988; August 1,
1987; May 1, 1987;
Transferred and Recodified from 10 NCAC 10F .0030 Eff.
April 4, 1990;
Amended Eff. August 1, 1990;
Recodified from 15A NCAC 13A .0008 Eff. August 30, 1990;
Amended Eff. April 1, 1993; October 1, 1990;
Recodified from 15A NCAC 13A .0007 Eff. December 20,
1996;
Amended Eff. April 1, 2010; November 1, 2007; January 1,
2007; April 1, 2001; August 1, 1998.
15A NCAC 13A .0108 STDS APPLICABLE TO TRANSPORTERS OF
HAZARDOUS WASTE - PART 263
(a) 40 CFR 263.10 through 263.12 (Subpart A),
"General", are incorporated by reference including subsequent
amendments and editions.
(b) 40 CFR 263.20 through 263.22 (Subpart B),
"Compliance With the Manifest System and Record keeping", are incorporated
by reference including subsequent amendments and editions.
(c) Upon discovering a significant manifest discrepancy,
the transporter must attempt to reconcile the discrepancy with the waste
generator (e.g. with telephone conversations). If the discrepancy is not
resolved within 15 days after receiving the waste, the transporter must
immediately submit to the Department a letter describing the discrepancy and
attempts to reconcile it with a copy of the manifest or shipping paper at
issue.
(d) Manifest discrepancies are differences between the
quantity or type of hazardous waste designated on the manifest or shipping
paper, and the quantity or type of hazardous waste a transporter actually
transports. Significant discrepancies in quantity are: for bulk waste,
variations greater than 10 percent in weight; and, for batch waste, any
variation in piece count (e.g. a discrepancy of one drum in a truckload).
Significant discrepancies in type are obvious differences which can be
discovered by inspection or waste analysis (e.g. waste solvent substituted for
waste acid, or toxic constituents not reported on the manifest or shipping
paper).
(e) 40 CFR 263.30 through 263.31 (Subpart C),
"Hazardous Waste Discharges", are incorporated by reference including
subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. November 19, 1980;
Amended Eff. June 1, 1988; August 1, 1987; May 1, 1987;
October 1, 1986;
Transferred and Recodified from 10 NCAC 10F .0031 Eff.
April 4, 1990;
Recodified from 15A NCAC 13A .0009 Eff. August 30, 1990;
Amended Eff. April 1, 1993; October 1, 1990;
Recodified from 15A NCAC 13A .0008 Eff. December 20,
1996;
Amended Eff. August 1, 2000.
15A NCAC 13A .0109 STANDARDS FOR OWNERS/OPERATORS OF HWTSD
FACILITIES ‑ PART 264
(a) Any person who treats, stores or disposes of hazardous
waste shall comply with the requirements set forth in this Section. The
treatment, storage or disposal of hazardous waste is prohibited except as
provided in this Section.
(b) 40 CFR 264.1 through 264.4 (Subpart A),
"General", are incorporated by reference including subsequent
amendments and editions.
(c) 40 CFR 264.10 through 264.19 (Subpart B), "General
Facility Standards", are incorporated by reference including subsequent
amendments and editions.
(d) 40 CFR 264.30 through 264.37 (Subpart C),
"Preparedness and Prevention", are incorporated by reference
including subsequent amendments and editions.
(e) 40 CFR 264.50 through 264.56 (Subpart D),
"Contingency Plan and Emergency Procedures", are incorporated by
reference including subsequent amendments and editions.
(f) 40 CFR 264.70 through 264.77 (Subpart E),
"Manifest System, Recordkeeping, and Reporting", are incorporated by
reference including subsequent amendments and editions.
(g) 40 CFR 264.90 through 264.101 (Subpart F),
"Releases From Solid Waste Management Units", are incorporated by
reference including subsequent amendments and editions. For the purpose of this
incorporation by reference, "January
26, 1983" shall be substituted for "July
26, 1982" contained in 40 CFR 264.90(a)(2).
(h) 40 CFR 264.110 through 264.120 (Subpart G),
"Closure and Post‑Closure", are incorporated by reference
including subsequent amendments and editions.
(i) 40 CFR 264.140 through 264.151 (Subpart H),
"Financial Requirements", are incorporated by reference including
subsequent amendments and editions, except that 40 CFR 264.143(a)(3), (a)(4),
(a)(5), (a)(6), 40 CFR 264.145(a)(3), (a)(4), (a)(5), and 40 CFR 264.151(a)(1),
Section 15 are not incorporated by reference.
(1) The following shall be substituted for the
provisions of 40 CFR 264.143(a)(3) which were not incorporated by reference:
The owner or operator shall
deposit the full amount of the closure cost estimate at the time the fund is
established. Within one year of February 1, 1987, an owner or operator using a closure trust fund
established prior to February 1, 1987, shall deposit an amount into the fund so that its
value after this deposit at least equals the amount of the current closure cost
estimate, or shall obtain other financial assurance as specified in this
Section.
(2) The following shall be substituted for the
provisions of 40 CFR 264.143(a)(6) which were not incorporated by reference:
After the trust fund is
established, whenever the current closure cost estimate changes, the owner or
operator shall compare the new estimate with the trustee's most recent annual
valuation of the trust fund. If the value of the fund is less than the amount
of the new estimate, the owner or operator within 60 days after the change in
the cost estimate, shall either deposit an amount into the fund so that its
value after this deposit at least equals the amount of the current closure cost
estimate, or obtain other financial assurance as specified in this section to
cover the difference.
(3) The following shall be substituted for the
provisions of 40 CFR 264.145(a)(3) which were not incorporated by reference:
(A) Except as otherwise provided in Part (i)(3)(B) of
this Rule, the owner or operator shall deposit the full amount of the post‑closure
cost estimate at the time the fund is established.
(B) If the Department finds that the owner or operator
of an inactive hazardous waste disposal unit cannot provide financial assurance
for post‑closure through any other option (e.g. surety bond, letter of
credit, or corporate guarantee), a plan for annual payments to the trust fund
over the term of the RCRA post‑closure permit may be established by the
Department as a permit condition.
(4) The following additional requirement shall
apply:
The trustee shall notify the
Department of payment to the trust fund, by certified mail within 10 days following
said payment to the trust fund. The notice shall contain the name of the
Grantor, the date of payment, the amount of payment, and the current value of
the trust fund.
(j) 40 CFR 264.170 through 264.179 (Subpart I), "Use
and Management of Containers", are incorporated by reference including
subsequent amendments and editions.
(k) 40 CFR 264.190 through 264.200 (Subpart J), "Tank
Systems", are incorporated by reference including subsequent amendments
and editions.
(l) The following are requirements for Surface
Impoundments:
(1) 40 CFR 264.220 through 264.232 (Subpart K),
"Surface Impoundments", are incorporated by reference including
subsequent amendments and editions.
(2) The following are additional standards for
surface impoundments:
(A) The liner system shall consist of at least two
liners;
(B) Artificial liners shall be equal to or greater than
30 mils in thickness;
(C) Clayey liners shall be equal to or greater than five
feet in thickness and have a maximum permeability of 1.0 x 10‑7 cm/sec;
(D) Clayey liner soils shall have the same
characteristics as described in Subparts (r)(4)(B)(ii), (iii), (iv), (vi) and
(vii) of this Rule;
(E) A leachate collection system shall be constructed
between the upper liner and the bottom liner;
(F) A leachate detection system shall be constructed
below the bottom liner; and
(G) Surface impoundments shall be constructed in such a
manner to prevent landsliding, slippage or slumping.
(m) 40 CFR 264.250 through 264.259 (Subpart L), "Waste
Piles", are incorporated by reference including subsequent amendments and
editions.
(n) 40 CFR 264.270 through 264.283 (Subpart M), "Land
Treatment", are incorporated by reference including subsequent amendments
and editions.
(o) 40 CFR 264.300 through 264.317 (Subpart N),
"Landfills", are incorporated by reference including subsequent
amendments and editions.
(p) A long‑term storage facility shall meet
groundwater protection, closure and post‑closure, and financial
requirements for disposal facilities as specified in Paragraphs (g), (h), and
(i) of this Rule.
(q) 40 CFR 264.340 through 264.351 (Subpart O),
"Incinerators", are incorporated by reference including subsequent
amendments and editions.
(r) The following are additional location standards for
facilities:
(1) In addition to the location standards set
forth in 15A NCAC 13A .0109(c), the Department, in determining whether to issue
a permit for a hazardous waste management facility, shall consider the risks
posed by the proximity of the facility to water table levels, flood plains,
water supplies, public water supply watersheds, mines, natural resources such
as wetlands, endangered species habitats, parks, forests, wilderness areas, and
historical sites, and population centers and shall consider whether provision
has been made for buffer zones as required by this Rule. The Department shall
also consider ground water travel time, soil pH, soil cation exchange capacity,
soil composition and permeability, slope, climate, local land use,
transportation factors such as proximity to waste generators, route, route
safety, and method of transportation, aesthetic factors such as the visibility,
appearance, and noise level of the facility; potential impact on air quality,
existence of seismic activity and cavernous bedrock. The basis for issuing or
denying the permit are found in 40 CFR 264 as adopted by reference in this
Rule.
(2) The following minimum separation distances
shall be required of all hazardous waste management facilities except that
existing facilities shall be required to meet these minimum separation
distances to the maximum extent feasible:
(A) All hazardous waste management facilities shall be
located at least 0.25 miles from institutions including but not limited to
schools, health care facilities and prisons, unless the owner or operator can
demonstrate that no risks shall be posed by the proximity of the facility.
(B) All hazardous waste treatment and storage facilities
shall comply with the following separation distances: all hazardous waste shall
be treated and stored a minimum of 50 feet from the property line of the
facility; except that all hazardous waste with ignitable, incompatible or
reactive characteristics shall be treated and stored a minimum of 200 feet from
the property line of the facility if the area adjacent to the facility is zoned
for any use other than industrial or is not zoned.
(C) All hazardous waste landfills, long‑term
storage facilities, land treatment facilities and surface impoundments, shall
comply with the following separation distances:
(i) All hazardous waste shall be located a minimum
of 200 feet from the property line of the facility;
(ii) Each hazardous waste landfill, long‑term
storage or surface impoundment facility shall be constructed so that the bottom
of the facility is 10 feet or more above the historical high ground water
level. The historical high ground water level shall be determined by measuring
the seasonal high ground water levels and predicting the long‑term
maximum high ground water level from published data on similar North Carolina
topographic positions, elevations, geology, and climate; and
(iii) All hazardous waste shall be located a minimum
of 1,000 feet from the zone of influence of any existing off‑site ground
water well used for drinking water, and outside the zone of influence of any
existing or planned on‑site drinking water well.
(D) Hazardous waste storage and treatment facilities for
liquid waste that is classified as TC toxic, toxic, or acutely toxic and is
stored or treated in tanks or containers shall not be located:
(i) in the recharge area of an aquifer which is
designated as an existing sole drinking water source as defined in the Safe
Drinking Water Act, Section .1424(e) [42 U.S.C. 300h‑3(e)] unless an
adequate secondary containment system, as described in 40 CFR 264 as adopted by
reference in this Rule, is constructed, and after consideration of
applicable factors in Subparagraph (r)(3) of this Rule, the owner or operator
can demonstrate no risk to public health;
(ii) within 200 feet of surface water impoundments
or surface water stream with continuous flow as defined by the United States
Geological Survey;
(iii) in an area that will allow direct surface or
subsurface discharge to WS‑I, WS‑II or SA waters or a Class III
Reservoir as defined in 15A NCAC 02B .0200 and 15A NCAC 18C .0102;
(iv) in an area that will allow direct surface or
subsurface discharge to the watershed for a Class I or II Reservoir as defined
in 15A NCAC 18C .0102;
(v) within 200 feet horizontally of a 100‑year
floodplain elevation;
(vi) within 200 feet of a seismically active area as
defined in Paragraph (c) of this Rule; and
(vii) within 200 feet of a mine, cave, or cavernous
bedrock.
(3) The Department shall
require any hazardous waste management facility to comply with greater separation
distances or other protective measures when
necessary to avoid risks posed by the proximity of the facility to water table
levels, flood plains, water supplies, public water supply watersheds, mines,
natural resources such as wetlands, endangered species habitats, parks,
forests, wilderness areas, and historical sites, and population centers or to
provide a buffer zone as required by this Rule. The Department shall also require protective measures when necessary to avoid unreasonable risks posed by
the soil pH, soil cation exchange capacity, soil composition and permeability,
climate, transportation factors such as proximity to waste generators, route,
route safety, and method of transportation, aesthetic factors such as the
visibility, appearance, and noise level of the facility, potential impact on
air quality, and the existence of seismic activity and cavernous bedrock. In
determining whether to require greater separation distances or other protective
measures, the Department shall consider the following factors:
(A) All proposed hazardous waste activities and
procedures to be associated with the transfer, storage, treatment or disposal
of hazardous waste at the facility;
(B) The type of hazardous waste to be treated, stored,
or disposed of at the facility;
(C) The volume of waste to be treated, stored, or
disposed of at the facility;
(D) Land use issues including the number of permanent
residents in proximity to the facility and their distance from the facility;
(E) The adequacy of facility design and plans for
containment and control of sudden and non‑sudden accidental events in
combination with adequate off‑site evacuation of potentially adversely
impacted populations;
(F) Other land use issues including the number of
institutional and commercial structures such as airports and schools in
proximity to the facility, their distance from the facility, and the particular
nature of the activities that take place in those structures;
(G) The lateral distance and slope from the facility to
surface water supplies or to watersheds draining directly into surface water
supplies;
(H) The vertical distance, and type of soils and
geologic conditions separating the facility from the water table;
(I) The direction and rate of flow of ground water
from the sites and the extent and reliability of on‑site and nearby data
concerning seasonal and long‑term groundwater level fluctuations;
(J) Potential air emissions including rate, direction
of movement, dispersion and exposure, whether from planned or accidental,
uncontrolled releases; and
(K) Any other relevant factors.
(4) The following are additional location
standards for landfills, long‑term storage facilities and hazardous waste
surface impoundments:
(A) A hazardous waste landfill, long‑term storage,
or a surface impoundment facility shall not be located:
(i) In the recharge area of an aquifer which is an
existing sole drinking water source;
(ii) Within 200 feet of a surface water stream with
continuous flow as defined by the United States Geological Survey;
(iii) In an area that will allow direct surface or
subsurface discharge to WS‑I, WS‑II or SA waters or a Class III
Reservoir as defined in 15A NCAC 02B .0200 and 15A NCAC 18C .0102;
(iv) In an area that will allow direct surface or
subsurface discharge to a watershed for a Class I or II Reservoir as defined in
15A NCAC 18C .0102;
(v) Within 200 feet horizontally of a 100‑year
flood hazard elevation;
(vi) Within 200 feet of a seismically active area as
defined in Paragraph (c) of this Rule; and
(vii) Within 200 feet of a mine, cave or cavernous
bedrock.
(B) A hazardous waste landfill or long‑term
storage facility shall be located in geologic formations with the following
soil characteristics:
(i) The depth of the unconsolidated soil materials
shall be equal to or greater than 20 feet;
(ii) The percentage of fine‑grained soil
material shall be equal to or greater than 30 percent passing through a number
200 sieve;
(iii) Soil liquid limit shall be equal to or greater
than 30;
(iv) Soil plasticity index shall be equal to or
greater than 15;
(v) Soil compacted hydraulic conductivity shall be a
maximum of 1.0 x 10-7 cm/sec;
(vi) Soil Cation Exchange Capacity shall be equal to
or greater than 5 milliequivalents per 100 grams;
(vii) Soil Potential Volume Change Index shall be
equal to or less than 4; and
(viii) Soils shall be underlain by a geologic formation
having a rock quality designation equal to or greater than 75 percent.
(C) A hazardous waste landfill or long‑term
storage facility shall be located in areas of low to moderate relief to the
extent necessary to prevent landsliding or slippage and slumping. The site may
be graded to comply with this standard.
(5) All new hazardous waste impoundments that
close with hazardous waste residues left in place shall comply with the
standards for hazardous waste landfills in Subparagraph (r)(4) of this Rule
unless the applicant can demonstrate that equivalent protection of public
health and environment is afforded by some other standard.
(6) The owners and operators of all new hazardous
waste management facilities shall construct and maintain a minimum of two
observation wells, one upgradient and one downgradient of the proposed
facility; and shall establish background groundwater concentrations and monitor
annually for all hazardous wastes that the owner or operator proposes to store,
treat, or dispose at the facility.
(7) The owners and operators of all new
hazardous waste facilities shall demonstrate that the community has had an
opportunity to participate in the siting process by complying with the
following:
(A) The owners and operators shall hold at least one
public meeting in the county in which the facility is to be located to inform
the community of all hazardous waste management activities including but not
limited to: the hazardous properties of the waste to be managed; the type of
management proposed for the wastes; the mass and volume of the wastes; and the
source of the wastes; and to allow the community to identify specific health,
safety and environmental concerns or problems expressed by the community
related to the hazardous waste activities associated with the facility. The
owners and operators shall provide a public notice of this meeting at least 30
days prior to the meeting. Public notice shall be documented in the facility
permit application. The owners and operators shall submit as part of the
permit application a complete written transcript of the meeting, all written
material submitted that represents community concerns, and all other relevant
written material distributed or used at the meeting. The written transcript
and other written material submitted or used at the meeting shall be submitted
to the local public library closest to and in the county of the proposed site
with a request that the information be made available to the public.
(B) For the purposes of this Rule, public notice shall
include: notification of the boards of county commissioners of the county where
the proposed site is to be located and all contiguous counties in North
Carolina; a legal advertisement placed in a newspaper or newspapers serving
those counties; and provision of a news release to at least one newspaper, one
radio station, and one TV station serving these counties. Public notice shall
include the time, place, and purpose of the meetings required by this Rule.
(C) No less than 30 days after the first public meeting
transcript is available at the local public library, the owners and operators
shall hold at least one additional public meeting in order to attempt to
resolve community concerns. The owners and operators shall provide public
notice of this meeting at least 30 days prior to the meeting. Public notice
shall be documented in the facility permit application. The owners and
operators shall submit as part of the permit application a complete written
transcript of the meeting, all written material submitted that represents
community concerns, and all other relevant written material distributed or used
at the meeting.
(D) The application, written transcripts of all public
meetings and any additional material submitted or used at the meetings, and any
additions or corrections to the application, including any responses to notices
of deficiencies shall be submitted to the local library closest to and in the
county of the proposed site, with a request that the information be made
available to the public until the permit decision is made.
(E) The Department shall consider unresolved community
concerns in the permit review process and impose final permit conditions based
on sound scientific, health, safety, and environmental principles as authorized
by applicable laws or rules.
(s) 40 CFR 264.550 through 264.555 (Subpart S),
"Special Provisions for Cleanup", are incorporated by reference
including subsequent amendments and editions.
(t) 40 CFR 264.570 through 264.575 (Subpart W), "Drip
Pads", are incorporated by reference including subsequent amendments and
editions.
(u) 40 CFR 264.600 through 264.603 (Subpart X),
"Miscellaneous Units", are incorporated by reference including
subsequent amendments and editions.
(v) 40 CFR 264.1030 through 264.1049 (Subpart AA),
"Air Emission Standards for Process Vents", are incorporated by
reference including subsequent amendments and editions.
(w) 40 CFR 264.1050 through 264.1079 (Subpart BB),
"Air Emission Standards for Equipment Leaks", are incorporated by
reference including subsequent amendments and editions.
(x) 40 CFR 264.1080 through 264.1091 (Subpart CC),
"Air Emission Standards for Tanks, Surface Impoundments, and
Containers", are incorporated by reference including subsequent amendments
and editions.
(y) 40 CFR 264.1100 through 264.1102 (Subpart DD),
"Containment Buildings", are incorporated by reference including
subsequent amendments and editions.
(z) 40 CFR 264.1200 through 264.1202 (Subpart EE),
"Hazardous Waste Munitions and Explosives Storage", are incorporated
by reference including subsequent amendments and editions.
(aa) Appendices to 40 CFR Part 264 are incorporated by
reference including subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. November 19, 1980;
Amended Eff. November
1, 1989; June 1, 1989; December 1, 1988; February
1, 1988;
Transferred and Recodified from 10 NCAC 10F .0032 Eff. April
4, 1990;
Amended Eff. August
1, 1990;
Recodified from 15A NCAC 13A .0010 Eff. August
30, 1990;
Amended Eff. July
1, 1995; October 1, 1993; April 1, 1993; October
1, 1992;
Recodified from 15A NCAC 13A .0009 Eff. December 20, 1996;
Amended Eff. August 1, 2004; April
1, 2001; April 1, 1999.
15A NCAC 13A .0110 INTERIM STATUS STDS FOR OWNERS‑OP
OF HWTSD FACILITIES ‑ PART 265
(a) 40 CFR 265.1 through 265.4 (Subpart A),
"General", are incorporated by reference including subsequent
amendments and editions.
(b) 40 CFR 265.10 through 265.19 (Subpart B), "General
Facility Standards", are incorporated by reference including subsequent
amendments and editions.
(c) 40 CFR 265.30 through 265.37 (Subpart C),
"Preparedness and Prevention", are incorporated by reference
including subsequent amendments and editions, except that 265.35 is not
incorporated by reference.
The following shall be substituted for the provisions of
265.35.
Required aisle space: The owner or operator must maintain
aisle space of at least two feet to allow the unobstructed movement of
personnel, fire prevention equipment, spill control equipment, and
decontamination equipment to any area of facility operation in an emergency.
(d) 40 CFR 265.50 through 265.56 (Subpart D),
"Contingency Plan and Emergency Procedures", are incorporated by
reference including subsequent amendments and editions.
(e) 40 CFR 265.70 through 265.77 (Subpart E),
"Manifest System, Recordkeeping, and Reporting", are incorporated by
reference including subsequent amendments and editions.
(f) 40 CFR 265.90 through 265.94 (Subpart F), "Ground‑Water
Monitoring", are incorporated by reference including subsequent amendments
and editions.
(g) 40 CFR 265.110 through 265.121 (Subpart G),
"Closure and Post‑Closure", are incorporated by reference
including subsequent amendments and editions.
(h) 40 CFR 265.140 through 265.151 (Subpart H),
"Financial Requirements", are incorporated by reference including
subsequent amendments and editions, except that 40 CFR 265.143(a)(3), (a)(4),
(a)(5), (a)(6), and 40 CFR 265.145(a)(3), (a)(4), (a)(5), are not incorporated
by reference.
(1) The following shall be substituted for the
provisions of 40 CFR 265.143(a)(3) which were not incorporated by reference:
The owner or operator shall deposit the full amount of the closure cost
estimate at the time the fund is established. By November 19, 1981, an owner
or operator using a closure trust fund established prior to November 19, 1980 shall
deposit an amount into the fund so that its value after this deposit at least
equals the amount of the current closure cost estimate, or shall obtain other
financial assurance as specified in this Section.
(2) The following shall be substituted for the
provisions of 40 CFR 265.143(a)(6) which were not incorporated by reference:
After the trust fund is established, whenever the current closure cost estimate
changes, the owner or operator shall compare the new estimate with the
trustee's most recent annual valuation of the trust fund. If the value of the
fund is less than the amount of the new estimate, the owner or operator within
60 days after the change in the cost estimate, shall either deposit an amount
into the fund so that its value after this deposit at least equals the amount
of the current closure cost estimate, or obtain other financial assurance as
specified in this Section to cover the difference; and
(3) The following shall be substituted for the
provisions of 40 CFR 265.145(a)(3) which were not incorporated by reference:
(A) Except as otherwise provided in Part (h)(3)(B) of
this Rule, the owner or operator shall deposit the full amount of the post‑closure
cost estimate at the time the fund is established.
(B) If the Department finds that the owner or operator
of an inactive hazardous waste disposal unit cannot provide financial assurance
for post‑closure through any other option (e.g. surety bond, letter of
credit, or corporate guarantee), a plan for annual payments to the trust fund
during the interim status period shall be established by the Department by use
of an Administrative Order.
(i) 40 CFR 265.170 through 265.178 (Subpart I), "Use
and Management of Containers", are incorporated by reference including
subsequent amendments and editions. Additionally, the owner or operator shall
keep records and results of required inspections for at least three years from
the date of the inspection.
(j) 40 CFR 265.190 through 265.202 (Subpart J), "Tank
Systems", are incorporated by reference including subsequent amendments
and editions.
(k) 40 CFR 265.220 through 265.231 (Subpart K), "Surface
Impoundments", are incorporated by reference including subsequent
amendments and editions.
(l) 40 CFR 265.250 through 265.260 (Subpart L), "Waste
Piles", are incorporated by reference including subsequent amendments and
editions.
(m) 40 CFR 265.270 through 265.282 (Subpart M), "Land
Treatment", are incorporated by reference including subsequent amendments
and editions.
(n) 40 CFR 265.300 through 265.316 (Subpart N),
"Landfills", are incorporated by reference including subsequent
amendments and editions.
(o) 40 CFR 265.340 through 265.352 (Subpart O),
"Incinerators", are incorporated by reference including subsequent
amendments and editions.
(p) 40 CFR 265.370 through 265.383 (Subpart P),
"Thermal Treatment", are incorporated by reference including subsequent
amendments and editions.
(q) 40 CFR 265.400 through 265.406 (Subpart Q),
"Chemical, Physical, and Biological Treatment", are incorporated by
reference including subsequent amendments and editions.
(r) 40 CFR 265.440 through 265.445 (Subpart W), "Drip
Pads", are incorporated by reference including subsequent amendments and
editions.
(s) 40 CFR 265.1030 through 265.1049 (Subpart AA),
"Air Emission Standards for Process Vents", are incorporated by
reference including subsequent amendments and editions.
(t) 40 CFR 265.1050 through 265.1079 (Subpart BB),
"Air Emission Standards for Equipment Leaks", are incorporated by
reference including subsequent amendments and editions.
(u) 40 CFR 265.1080 through 265.1091 (Subpart CC),
"Air Emission Standards for Tanks, Surface Impoundments, and
Containers", are incorporated by reference including subsequent amendments
and editions.
(v) 40 CFR 265.1100 through 265.1102 (Subpart DD),
"Containment Buildings", are incorporated by reference including
subsequent amendments and editions.
(w) 40 CFR 265.1200 through 265.1202 (Subpart EE),
“Hazardous Waste Munitions and Explosives Storage”, are incorporated by
reference including subsequent amendments and editions.
(x) Appendices to 40 CFR Part 265 are incorporated by
reference including subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. November 19, 1980;
Amended Eff. June 1, 1989; December 1, 1988; June 1,
1988; February 1, 1988;
Transferred and Recodified from 10 NCAC 10F .0033 Eff.
April 4, 1990;
Recodified from 15A NCAC 13A .0011 Eff. August 30, 1990;
Amended Eff. July 1, 1995; April 1, 1993; October 1,
1992; February 1, 1992;
Recodified from 15A NCAC 13A .0010 Eff. December 20,
1996;
Amended Eff. November 1, 2005; August 1, 2000; April 1,
1999.
15A NCAC 13A .0111 STDS FOR THE MGMT OF SPECIFIC HW/TYPES
HWM FACILITIES ‑ PART 266
(a) 40 CFR 266.20 through 266.23 (Subpart C),
"Recyclable Materials Used in a Manner Constituting Disposal", are
incorporated by reference including subsequent amendments and editions.
(b) 40 CFR 266.70 (Subpart F), "Recyclable Materials
Utilized for Precious Metal Recovery", is incorporated by reference
including subsequent amendments and editions. Off-site recycling facilities
that receive materials described in 40 CFR 266.70(a) must manage the materials
in accordance with and comply with 40 CFR 262.34(a) as incorporated by
reference in 15A NCAC 13A .0107(c), excluding 262.34(a)(3). Each container and
tank holding recyclable materials at off-site precious metal recycling
facilities must be labeled or marked with the words, "Recyclable Material".
(c) 40 CFR 266.80 (Subpart G), "Spent Lead-Acid
Batteries Being Reclaimed", is incorporated by reference including
subsequent amendments and editions.
(d) 40 CFR 266.100 through 266.112 (Subpart H),
"Hazardous Waste Burned in Boilers and Industrial Furnaces", are
incorporated by reference including subsequent amendments and editions.
(e) 40 CFR 266.200 through 266.206 (Subpart M),
"Military Munitions", are incorporated by reference including
subsequent amendments and editions.
(f) 40 CFR 266.210 through 266.360 (Subpart N),
"Conditional Exemption for Low-Level Mixed Waste Storage, Treatment,
Transportation and Disposal", are incorporated by reference including
subsequent amendments and editions.
(g) Appendices to 40 CFR Part 266 are incorporated by
reference including subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. July 1, 1985;
Amended Eff. June 1, 1990; June 1, 1988; February 1,
1988; December 1, 1987;
Transferred and Recodified from 10 NCAC 10F .0039 Eff. April
4, 1990;
Recodified from 15A NCAC 13A .0012 Eff. August 30, 1990;
Amended Eff. January 1, 1995; April 1, 1993; August 1,
1991; October 1, 1990;
Recodified from 15A NCAC 13A .0011 Eff. December 20,
1996;
Amended Eff. April 1, 2006; April 1, 2003; April 1, 1999;
August 1, 1998.
15A NCAC 13A .0112 LAND DISPOSAL RESTRICTIONS ‑ PART
268
(a) 40 CFR 268.1 through 268.14 (Subpart A),
"General", are incorporated by reference including subsequent
amendments and editions.
(b) 40 CFR 268.20 through 268.39 (Subpart C),
"Prohibitions on Land Disposal", are incorporated by reference
including subsequent amendments and editions, except that 40 CFR 268.21 through
268.29 are not incorporated by reference.
(c) 40 CFR 268.40 through 268.49 (Subpart D),
"Treatment Standards", are incorporated by reference including
subsequent amendments and editions.
(d) 40 CFR 268.50 (Subpart E), "Prohibitions on
Storage", is incorporated by reference including subsequent amendments and
editions.
(e) Appendices to 40 CFR Part 268 are incorporated by
reference including subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c);
150B-21.6;
Eff. August 1, 1987;
Amended Eff. June 1, 1990; June 1, 1989; June 1, 1988;
February 1, 1988;
Transferred and Recodified from 10 NCAC 10F .0042 Eff.
April 4, 1990;
Recodified from 15A NCAC 13A .0013 Eff. August 30, 1990;
Amended Eff. April 1, 1995; January 1, 1995; April 1,
1993; February 1, 1991;
Recodified from 15A NCAC 13A .0012 Eff. December 20,
1996;
Amended Eff. November 1, 2005; August 1, 2000; August 1,
1998.
15A NCAC 13A .0113 THE HAZARDOUS WASTE PERMIT PROGRAM ‑
PART 270
(a) 40 CFR 270.1 through 270.6 (Subpart A), "General
Information", are incorporated by reference including subsequent
amendments and editions. For the purpose of this incorporation by reference,
"January 26, 1983" shall be substituted for "July 26, 1982"
contained in 40 CFR 270.1(c).
(b) 40 CFR 270.10 through 270.29 (Subpart B), "Permit
Application", are incorporated by reference including subsequent
amendments and editions.
(c) The following are additional Part B information
requirements for all hazardous waste facilities:
(1) Description and documentation of the public
meetings as required in 15A NCAC 13A .0109(r)(7);
(2) A description of the hydrological and
geological properties of the site including flood plains, depth to water table,
ground water travel time, seasonal and long‑term groundwater level
fluctuations, proximity to public water supply watersheds, consolidated rock,
soil pH, soil cation exchange capacity, soil characteristics and composition
and permeability, existence of cavernous bedrock and seismic activity, slope,
mines, climate, location and withdrawal rates of surface water users within the
immediate drainage basin and well water users within a one mile radius of the
facility; water quality information of both surface and groundwater within 1000
feet of the facility, and a description of the local air quality;
(3) A description of the facility's proximity
to and potential impact on wetlands, endangered species habitats, parks,
forests, wilderness areas, historical sites, mines, and air quality;
(4) A description of local land use including
residential, industrial, commercial, recreational, agricultural and the
proximity to schools and airports;
(5) A description of the proximity of the
facility to waste generators and population centers; a description of the
method of waste transportation; the comments of the local community and state
transportation authority on the proposed route, and route safety. Comments shall
include proposed alternative routes and restrictions necessary to protect the
public health;
(6) A description of facility aesthetic factors
including visibility, appearance, and noise level; and
(7) A description of any other objective
factors that the Department determines are reasonably related and relevant to
the proper siting and operation of the facility.
(d) In addition to the specific Part B information
requirements for hazardous waste disposal facilities, owners and operators of
hazardous waste landfills or longterm storage facilities shall provide the
following information:
(1) Design drawings and specifications of the
leachate collection and removal system;
(2) Design drawings and specifications of the
artificial impervious liner;
(3) Design drawings and specifications of the
clay or clay‑like liner below the artificial liner, and a description of
the permeability of the clay or clay‑like liner; and
(4) A description of how hazardous wastes will
be treated prior to placement in the facility.
(e) In addition to the specific Part B information
requirements for surface impoundments, owners and operators of surface
impoundments shall provide the following information:
(1) Design drawings and specifications of the
leachate collection and removal system;
(2) Design drawings and specifications of all
artificial impervious liners;
(3) Design drawings and specifications of all
clay or clay‑like liners and a description of the clay or clay‑like
liner; and
(4) Design drawings and specifications that
show that the facility has been constructed in a manner that will prevent
landsliding, slippage, or slumping.
(f) 40 CFR 270.30 through 270.33 (Subpart C), "Permit
Conditions", are incorporated by reference including subsequent amendments
and editions.
(g) 40 CFR 270.40 through 270.43 (Subpart D), "Changes
to Permit", are incorporated by reference including subsequent amendments
and editions.
(h) 40 CFR 270.50 through 270.51 (Subpart E),
"Expiration and Continuation of Permits", are incorporated by
reference including subsequent amendments and editions.
(i) 40 CFR 270.60 through. 270.68 (Subpart F),
"Special Forms of Permits", are incorporated by reference including
subsequent amendments and editions, except that 40 CFR 270.67 and 270.68 are
not incorporated by reference.
(j) 40 CFR 270.70 through 270.73 (Subpart G), "Interim
Status", are incorporated by reference including subsequent amendments and
editions. For the purpose of this incorporation by reference, "January 1,
1986" shall be substituted for "November 8, 1985" contained in
40 CFR 270.73(c).
(k) 40 CFR 270.235, (Subpart I), "Integration with
Maximum Achievable Control Technology (MACT) Standards", is incorporated
by reference including subsequent amendments and editions.
(l) The following are additional permitting requirements
for hazardous waste facilities.
(1) An applicant applying for a permit for a
hazardous waste facility shall submit a disclosure statement to the Department
as a part of the application for a permit or any time thereafter specified by
the Department. The disclosure statement shall be supported by an affidavit
attesting to the truth and completeness of the facts asserted in the statement
and shall include:
(A) A brief description of the form of the business
(e.g. partnership, sole proprietorship, corporation, association, or other);
(B) The name and address of any hazardous waste facility
constructed or operated after October 21, 1976 by the applicant or any parent
or subsidiary corporation if the applicant is a corporation; and
(C) A list identifying any legal action taken against
any facility identified in Part (l)(1)(B) of this Rule involving:
(i) any administrative ruling or order issued by
any state, federal or local authority relating to revocation of any
environmental or waste management permit or license, or to a violation of any
state or federal statute or local ordinance relating to waste management or
environmental protection;
(ii) any judicial determination of liability or
conviction under any state or federal law or local ordinance relating to waste
management or environmental protection; and
(iii) any pending administrative or judicial
proceeding of the type described in this Part.
(D) The identification of each action described in Part
(l)(1)(C) of this Rule shall include the name and location of the facility that
the action concerns, the agency or court that heard or is hearing the matter,
the title, docket or case number, and the status of the proceeding.
(2) In addition to the information set forth in
Subparagraph (l)(1) of this Rule, the Department shall require from any
applicant such additional information as it deems necessary to satisfy the
requirements of G.S. 130A‑295. Such information may include:
(A) The names, addresses, and titles of all officers, directors,
or partners of the applicant and of any parent or subsidiary corporation if the
applicant is a corporation;
(B) The name and address of any company in the field of
hazardous waste management in which the applicant business or any of its
officers, directors, or partners, hold an equity interest and the name of the
officer, director, or partner holding such interest; and
(C) A copy of any administrative ruling or order and of
any judicial determination of liability or conviction described in Part (l)(1)(C)
of this Rule, and a description of any pending administrative or judicial
proceeding in that item.
(3) If the Department finds that any part or
parts of the disclosure statement is not necessary to satisfy the requirements
of G.S. 130A‑295, such information shall not be required.
(m) An applicant for a new, or modification to an existing,
commercial facility permit, shall provide a description and justification of
the need for the facility.
(n) Requirements for Off‑site Recycling Facilities.
(1) The permit requirements of 15A NCAC 13A
.0109 apply to owners and operators of off‑site recycling facilities
unless excluded in Subparagraph (2) of Paragraph (n).
(2) Requirements of 15A NCAC 13A .0113(n)(4),
(5), (6), (7) and (8) do not apply to owners and operators of off-site
recycling facilities that recycle only precious metals as described in 40 CFR
266.70(a), as incorporated by reference in 15A NCAC 13A .0111(b).
(3) Off-site facilities that recycle precious
metals shall follow the regulations as described in 15A NCAC 13A .0111(b).
(4) Notwithstanding any other statement of
applicability, the following provisions of 40 CFR Part 264, as incorporated by
reference, shall apply to owners and operators of off-site recycling facilities
except those excluded in 15A NCAC 13A .0113(n)(2):
(A) Subpart B ‑ General Facility Standards;
(B) Subpart C ‑ Preparedness and Prevention;
(C) Subpart D ‑ Contingency Plan and Emergency
Procedures;
(D) Subpart E ‑ Manifest System, Recordkeeping and
Reporting;
(E) Subpart G ‑ Closure and Post‑closure;
(F) Subpart H ‑ Financial Requirements;
(G) Subpart I ‑ Use and Management of Containers;
(H) Subpart J ‑ Tank Systems;
(I) 264.101 ‑ Corrective Action for Solid Waste
Management Units;
(J) Subpart X ‑ Miscellaneous Units; and
(K) Subpart DD ‑ Containment Buildings.
(5) The requirements listed in Subparagraph
(n)(4) of this Rule apply to the entire off‑site recycling facility,
including all recycling units, staging and process areas, and permanent and
temporary storage areas for wastes.
(6) The following provisions of 15A NCAC 13A
.0109 shall apply to owners and operators of off‑site recycling
facilities:
(A) The substitute financial requirements of Rule
.0109(i)(1), (2) and (4); and
(B) The additional standards of Rule .0109(r)(1), (2),
(3), (6) and (7).
(7) The owner or operator of an off‑site
recycling facility shall keep a written operating record at his facility.
(8) The following information must be recorded,
as it becomes available, and maintained in the operating record until closure
of the facility:
(A) A description and the quantity of each hazardous
waste received, and the method(s) and date(s) of its treatment, storage, or
recycling at the facility;
(B) The location of all hazardous waste within the
facility and the quantity at each location. This information must include
cross‑references to specific manifest document numbers if the waste was
accompanied by a manifest; and
(C) Documentation of the fate of all hazardous wastes
received from off‑site or generated on‑site. This shall include
records of the sale, reuse, off‑site transfer, or disposal of all waste
materials.
(o) Permit Fees for Commercial Hazardous Waste Facilities.
(1) An applicant for a permit modification for
a commercial hazardous waste facility shall pay an application fee as follows:
(A) Class 1 permit modification $100;
(B) Class 2 permit modification $1,000; or
(C) Class 3 permit modification $5,000.
Note: Class 1 permit modifications which do not require
prior approval of the Division Director are excluded from the fee requirement.
(2) The application fee for a new permit,
permit renewal, or permit modification must accompany the application, and is
non‑refundable. The application shall be considered incomplete until the
fee is paid. Checks shall be made payable to: Division of Waste Management.
History Note: Authority G.S. 130A‑294(c);
130A-294.1; 130A‑295(a)(1),(2), (c); 150B-21.6;
Eff. November 19, 1980;
Amended Eff. November 1, 1989; June 1, 1988; February 1,
1988; December 1, 1987;
Transferred and Recodified from 10 NCAC 10F .0034 April
4, 1990;
Amended Eff. August 1, 1990;
Recodified from 15A NCAC 13A .0014 Eff. August 30, 1990;
Amended Eff. April 1, 1993; August 1, 1991; October 1,
1990;
Recodified from 15A NCAC 13A .0013 Eff. December 20, 1996;
Amended Eff. August 1, 2008; April 1, 2006; August 1,
2004; April 1, 2001; August 1, 2000.
15A NCAC 13A .0114 REQMNTS/AUTHORIZATION OF STATE HAZARDOUS
WASTE PROG ‑ PART 271
40 CFR 271.17, "Sharing of information", has been
incorporated by reference including subsequent amendments and editions.
History Note: Authority G.S. 130A‑294(c); 150B-21.6;
Eff. January 1, 1986;
Amended Eff. June 1, 1988; December 1, 1987; August 1,
1987; May 1, 1987;
Transferred and Recodified from 10 NCAC 10F .0041 Eff.
April 4, 1990;
Recodified from 15A NCAC 13A .0015 Eff. August 30, 1990;
Amended Eff. April 1, 1993; October 1, 1990;
Recodified from 15A NCAC 13A .0014 Eff. December 20,
1996.
15A NCAC 13A .0115 ANNUAL REPORTS
History Note: Authority G.S. 130A‑294(c);
Eff. January 1, 1984;
Transferred and Recodified from 10 NCAC 10F .0037 Eff.
April 4, 1990;
Recodified from 15A NCAC 13A .0004 Eff. August 30, 1990;
Repealed Eff. May 1, 1991;
Recodified from 15A NCAC 13A .0015 Eff. December 20,
1996.
15A NCAC 13A .0116 SPECIAL PURPOSE COMMERCIAL HAZARDOUS
WASTE FACILITY
(a) The Department shall evaluate all commercial hazardous
waste facilities to determine a score for each facility in accordance with
Paragraph (c) of this Rule.
(b) A commercial hazardous waste facility (other than an
incinerator or a land disposal facility) with a volume of waste of 20,000 tons
or less per year of hazardous waste and having a total score pursuant to
Paragraph (c) of this Rule of equal to or less than 40 is designated as a
special purpose commercial hazardous waste facility. These facilities shall be
classified as follows:
Total Score Category
1-11
1
Greater than 11-18 2
Greater than 18-25 3
Greater than 25-32 4
Greater than 32-40 5
(c) A score for each facility shall be determined by adding
the total score for Paragraphs (d) through (k) of this Rule and subtracting the
score for Paragraph (l) of this Rule.
(d) A score shall be assigned for size of the facility by
adding the applicable score for storage and the applicable score for treatment
using Table 1.
TABLE 1
Size of Facility Constructed
Capacity Score
Storage: Less
than 10,000 1
(gallons) 10,000‑100,000 2
Greater
than 100,000 3
Treatment: Less
than 10,000 1
(gallons 10,000‑100,000 2
per day) Greater
than 100,000 3
(e) A score shall be assigned for type of treatment permitted
by adding the score for each type of treatment being performed by the facility
using Table 2.
TABLE 2
Type of Treatment Being Performed
Score
Storage Only 1
Solvent Recovery 2
Metal Recovery 2
Energy Recovery 2
Fuel Blending 2
Aqueous Treatment 3
Stabilization 2
Incineration 5
Residuals Management 5
Other Treatment 2
(f) A score shall be assigned for the nature of hazardous
waste being treated or stored by adding the score for each type of waste managed
at the facility using Table 3. However, if the facility is permitted for
storage only and no treatment is performed, the score for the nature of
hazardous waste shall be reduced by one-half for each hazardous waste stream
stored only.
TABLE 3
Nature of Hazardous Waste
(from Annual Report as
listed in the Permit) Score
Corrosive 1
Ignitable 2
Reactive 3
Toxicity Characteristic 2
Listed Toxic 2
Acute 3
(g) A score shall be assigned for volume of hazardous waste
by using the applicable score in Table 4.
TABLE 4
Volume of Waste (Tons from Annual
Report) Score
Less than 2,000 1
2,000‑10,000 2
10,000‑20,000 3
(h) A score shall be assigned for uniformity, similarity
and lack of diversity of waste streams by using the applicable score in Table
5.
TABLE 5
Uniformity, Similarity, Lack of Diversity
of
Waste Streams (Number of EPA Waste
Codes)
As Listed in the Permit Score
Less than 5 1
5‑75 2
Greater than 75 3
(i) A score shall be assigned for predictability and
treatability of site specific waste streams by using the applicable score in
Table 6.
TABLE 6
Predictability and Treatability of
Waste Streams Score
Simple Waste Streams and Treatment 1
Complex Waste Streams and
Treatment 2
(Incompatibles, highly toxic, or
multicoded waste streams).
(j) A score shall be assigned for compliance history for
the past two years by using the highest applicable score in Table 7.
TABLE 7
Compliance History for Past Two
Years Score
Class II Violations 1
Class I Violations 2
Penalties 3
Injunctions 5
(k) A score shall be assigned for annual changes, which
increase/decrease "sensitive land use" within a ¼ mile radius of the
commercial hazardous waste facility's property boundary by using the applicable
score in Table 8. Each score shall be added together.
TABLE
8
Changes in "sensitive land
use" Score
Increases
Greater than 5 percent – less than
10 percent increase in the number of residential 1
housing units as compared to the
baseline.
Greater than or equal to 10
percent increase in the number of residential housing 2
units as compared to the baseline,
or 30 percent increase in
the number of total sensitive land
uses over
a period of the previous four years.
Greater than 50 percent increase
in the number of non-residential sensitive 1
land uses as compared to the
baseline.
Decreases
Greater than 5 percent – less than
10 percent decrease in the number of residential -1
housing units as compared to the
baseline.
Greater than or equal to 10
percent decrease in the number of residential housing -2
units as compared to the baseline,
or 30 percent decrease in
the number of total sensitive land
uses over
a period of the previous four years.
Greater than 50 percent decrease
in the number of non-residential sensitive -1
land uses as compared to the
baseline.
"Sensitive
land use", as defined in G.S. 130A-295.01(f), includes residential
housing, places of assembly, places of worship, schools, day care providers,
and hospitals. Sensitive land use does not include retail businesses.
"Baseline",
means:
(1) for existing "Special Purpose
Commercial Hazardous Waste Facilities" as the January 2008 data collected
from the local government that has planning jurisdiction over the site on which
the facility is located; and
(2) for new "Special Purpose Commercial
Hazardous Waste Facilities" as the data from the local government that has
planning jurisdiction over the site on which the facility is located collected
in the year in which the facility permit is first issued.
(l) A score shall be assigned for on-site reclamation by
using the applicable score in Table 9.
TABLE 9
Reclamation (Credit Given) Score
Pretreatment for Off‑site
Reclamation 1
On‑site Reclamation 2
(m) The information referred to in Paragraphs (c) through
(l) of this Rule shall be determined based on the facility's permit, the
previous year's annual report, and compliance history. If no annual report was
submitted, quarterly projections of waste volume shall be submitted to the
Department by the facility. Each facility may be re‑evaluated at any
time new information is received by the Department concerning the factors in
Paragraphs (c) through (l) of this Rule.
(n) The frequency of inspections at special purpose
commercial hazardous waste facilities shall be determined by the facility's
classification as follows:
Category Minimum
Inspections
1 2
per month
2 4
per month
3 6
per month
4 8
per month
5 10
per month
History Note: Authority G.S. 130A‑295.02(j);
Temporary Adoption Eff. February
15, 1991 for a period of 180 days to expire on
August 14, 1991;
ARRC Objection Lodged February 25, 1991;
ARRC Objection Removed March 21, 1991;
Eff. August 1, 1991;
Amended Eff. April 1, 1994;
Recodified from 15A NCAC 13A .0016 Eff. December 20,
1996;
Amended Eff. January 1, 2011.
15A NCAC 13A .0117 FEE SCHEDULES
(a) A commercial hazardous waste storage, treatment, or
disposal facility other than a special purpose facility shall pay monthly, in
addition to the fees applicable to all hazardous waste storage, treatment, or
disposal facilities as required by G.S. 130A‑294.1, a charge of forty-one
dollars ($41.00) per hour of operation. The fee shall be paid for any time
when hazardous waste is managed or during periods of maintenance, repair,
testing, or calibration. Each facility shall submit an operational schedule to
the Department on a quarterly basis.
(b) A special purpose commercial hazardous waste facility
shall pay monthly, in addition to the fees applicable to all hazardous waste
treatment, storage or disposal facilities as required by G.S. 130A‑294.1,
a charge per ton of hazardous waste received during the previous month and an
additional charge based on the frequency of inspections as noted in the
following schedules:
(1) Effective April 1, 2011 to December 31,
2011, three dollars and fifty cents ($3.50) per ton of hazardous waste received
and:
Category Fee
1 $1,110.00
2 $2,220.00
3 $3,330.00
4 $4,440.00
5 $5,550.00
(2) Effective January 1, 2012 to December 31,
2012, four dollars ($4.00) per ton of hazardous waste received and:
Category Fee
1 $1,221.00
2 $2,442.00
3 $3,663.00
4 $4,884.00
5 $6,105.00
(3) Effective January 1, 2013, four dollars and
fifty cents ($4.50) per ton of hazardous waste received and:
Category Fee
1 $1,332.00
2 $2,664.00
3 $3,996.00
4 $5,328.00
5 $6,660.00
History Note: Authority G.S. 130A‑295.02(h);
Temporary Adoption Eff. February 15, 1991 for a period of
180 days to expire on August 14, 1991;
ARRC Objection Lodged February 25, 1991;
ARRC Objection Removed March 21, 1991;
Eff. August 1, 1991;
Recodified from 15A NCAC 13A .0017 Eff. December 20,
1996;
Amended Eff. April 1, 2011.
15A NCAC 13A .0118 STANDARDS FOR THE MANAGEMENT OF USED OIL
(a) 40 CFR 279.1 (Subpart A), "Definitions", is
incorporated by reference including subsequent amendments and editions, except
that the Definition for "Used Oil" is defined by G.S. 130A‑290(b)
and is not incorporated by reference.
(b) 40 CFR 279.10 through 279.12 (Subpart B),
"Applicability", are incorporated by reference including subsequent
amendments and editions.
(c) 40 CFR 279.20 through 279.24 (Subpart C),
"Standards for Used Oil Generators", are incorporated by reference
including subsequent amendments and editions.
(d) 40 CFR 279.30 through 279.32 (Subpart D),
"Standards for Used Oil Collection Centers and Aggregation Points",
are incorporated by reference including subsequent amendments and editions.
(e) 40 CFR 279.40 through 279.47 (Subpart E),
"Standards for Used Oil Transporter and Transfer Facilities", are
incorporated by reference including subsequent amendments and editions.
(f) 40 CFR 279.50 through 279.59 (Subpart F), "Standards
for Used Oil Processors and Re‑Refiners", are incorporated by
reference including subsequent amendments and editions.
(g) 40 CFR 279.60 through 279.67 (Subpart G),
"Standards for Used Oil Burners Who Burn Off‑Specification Used Oil
for Energy Recovery", are incorporated by reference including subsequent
amendments and editions.
(h) 40 CFR 279.70 through 279.75 (Subpart H),
"Standards for Used Oil Fuel Marketers", are incorporated by
reference including subsequent amendments and editions.
(i) 40 CFR 279.80 through 279.81 (Subpart I),
"Standards for Use as a Dust Suppressant and Disposal of Used Oil"
are incorporated by reference including subsequent amendments and editions.
{Note: 40 CFR 279.82, which addresses used oil as a dust suppressant, is specifically
not incorporated by reference. See also G.S. 130A‑309.15 for prohibited
acts regarding used oil}.
(j) Additional State Requirements:
(1) By July 1 of each year the following
persons shall notify the Department by submitting an annual report listing the
type and quantity of used oil transported, collected, and recycled during the
preceding calendar year, on Department forms:
(A) Persons transporting more than 500 gallons of used
oil per week over public highways;
(B) Collection facilities that annually receive more
than 6,000 gallons of used oil excluding the volume of used oil collected from
individuals that change their own personal motor oil;
(C) Facilities that annually recycle more than 10,000
gallons of used oil; and
(D) Public used oil collection centers.
(2) The following persons are not required to
comply with 15A NCAC 13A .0118(j)(1)
(A) An electric utility that generates used oil which is
reclaimed, recycled, or re‑refined on‑site for use in its
operations; and
(B) An on‑site burner that burns its own on‑specification
used oil provided that the facility is in compliance with any Air Quality
permit requirements established by the Department.
(3) An annual fee of twenty five dollars
($25.00) shall be paid by all persons identified in 15A NCAC 13A .0118(j)(1)(A)
through .0118(j)(1)(C) by July 1 of each year.
History Note: Authority G.S. 130A‑294(b),(c);
150B‑21.6;
Eff. October 1, 1993;
Recodified from 15A NCAC 13A .0018 Eff. December 20,
1996;
Amended Eff. August 1, 2000.
15A NCAC 13A .0119 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
- PART 273
(a) 40 CFR 273.1 through 273.9 (Subpart A),
"General" are incorporated by reference including subsequent
amendments and editions.
(b) 40 CFR 273.10 through 273.20 (Subpart B), "Standards
for Small Quantity Handlers of Universal Waste" are incorporated by
reference including subsequent amendments and editions.
(c) 40 CFR 273.30 through 273.40 (Subpart C),
"Standards for Large Quantity Handlers of Universal Waste" are
incorporated by reference including subsequent amendments and editions.
(d) 40 CFR 273.50 through 273.56 (Subpart D),
"Standards for Universal Waste Transporters" are incorporated by
reference including subsequent amendments and editions.
(e) 40 CFR 273.60 through 273.62 (Subpart E),
"Standards for Destination Facilities" are incorporated by reference
including subsequent amendments and editions.
(f) 40 CFR 273.70 (Subpart F), "Import
Requirements" is incorporated by reference including subsequent amendments
and editions.
(g) 40 CFR 273.80 through 273.81 (Subpart G),
"Petitions to include Other Wastes Under 40 CFR Part 273" are
incorporated by reference including subsequent amendments and editions, except
that 40 CFR 273.80(a) and (b), are not incorporated by reference.
(1) The following shall be substituted for the
provisions of 40 CFR 273.80(a) which were not incorporated by reference:
Any person seeking to add a
hazardous waste or a category of hazardous waste to this Part may petition for
a regulatory amendment under this Subpart and 15A NCAC 24B .0001 and 40 CFR
260.23.
(2) The following shall be substituted for the
provisions of 40 CFR 273.80(b) which were not incorporated by reference:
To be successful, the petitioner
must demonstrate to the satisfaction of the Administrator that regulation under
the universal waste regulations of 40 CFR Part 273 is:
(A) appropriate for the waste or category of waste; will
improve management practices for the waste or category of waste; and will
improve implementation of the hazardous waste program;
(B) the petition must include the information required
by 15A NCAC 24B .0001; and
(C) the petition shall also address as many of the
factors listed in 40 CFR 273.81 as are appropriate for the waste or waste
category addressed in the petition.
History Note: Authority G.S. 130A-294(c); 150B-21.6;
Eff. January 1, 1996;
Recodified from 15A NCAC 13A .0019 Eff. December 20,
1996;
Amended Eff. April 1, 2001; August 1, 1998.