Current through Register Vol. 38, No. 18, March 15, 2024
(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), (a)(6), and Section 15 of
40 CFR
264.151(a)(1) are not
incorporated by reference.
(1) The following
shall be substituted for the provisions of
40 CFR
264.143(a)(3) that are 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.
(2) The following shall be substituted for
the provisions of 40 CFR
264.143(a)(6) and
264.145(a)(6)
that are 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) that are 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 is unable to 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 shall be established by the Department as a permit
condition.
(4) The
following shall be substituted for Section 15 of
40 CFR
264.151(a)(1) that is not
incorporated by reference:
Section 15. Notice of Payment. 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.
(5)
Concerning financial assurance for corrective action, the owner or operator
shall choose from the financial instrument options provided in
40 CFR
264.145 Subpart H, or any combination of the
financial instruments allowed by the Section to satisfy corrective action
financial assurance requirements of
40 CFR
264.100 and
264.101. The wording of the
financial assurance instrument or instruments shall be consistent with the
wording provided in 40 CFR
264.151. The wording of the instrument used
shall be modified to include the term "corrective action," as
applicable.
(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 Paragraph (c) of this Rule, 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; population
centers; natural resources such as wetlands, endangered species habitats,
parks, forests, wilderness areas, and historical sites; and shall consider
whether provisions have been made for buffer zones. The Department shall also
consider ground water travel time, soil pH, soil cation exchange capacity, soil
characteristics, 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;
and 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 demonstrates 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 hazardous waste due to the
Toxicity Characteristic, as defined in
40 CFR
261.24, or is classified as Acute Hazardous
Waste or Toxic Waste, as defined in
40 CFR
261.30(b), and is stored or
treated in tanks or containers shall not be located:
(i) in the recharge area of an aquifer that
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, is constructed, and after consideration
of applicable factors in Subparagraph (r)(3) of this Rule, the owner or
operator demonstrates 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; 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; population centers; natural resources
such as wetlands, endangered species habitats, parks, forests, wilderness
areas, and historical sites; 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 characteristics, 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;
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 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 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 hazardous waste landfills, hazardous waste 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 that
is an existing sole drinking water source;
(ii) within 200 feet of a surface water
stream with continuous flow;
(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; 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.
(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: the hazardous properties of the waste to be
managed; the type of management proposed for the wastes; the mass and volume of
the wastes; 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, 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.
(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
264.1110 (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.
Authority
G.S.
130A-294(c);
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;
Temporary Amendment Eff. May 30, 2017 (replaced by the rule effective March 1,
2018);
Readopted Eff. March 1,
2018.