13B_.1700_HearingOfficersReport

[am
HEARING OFFICER'S REPORT OF PROCEEDINGS OF
PUBLIC HEARING AND COMMENT PERIOD
Readoption and Amendments to
15A NCAC 13B .1700
Requirements for Beneficial Use of Coal Combustion Products
Environmental Management Commission
February 15, 2021

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Basic Information
Commission: Environmental Management Commission
Groundwater and Waste Management Committee
Agency Department of Environmental Quality, Division of Waste Management,
Solid Waste Section
Title Requirements for Beneficial Use of Coal Combustion Products
Citations 15A NCAC 13B .1700
Description of the It is the responsibility of the Division of Waste Management Solid Waste
Proposed Rules Section to regulate how solid waste is managed within the state under the
statutory authority of the Solid Waste Management Act, Article 9 of Chapter
130A of the General Statutes. State rules governing solid waste
management are found in Title 15A, Subchapter 13B of the North Carolina
Administrative Code. Prior to the Coal Ash Management Act in 2014, existing
Section .1700 regulated the notification and recordation process, siting,
design, construction, operation, maintenance, and closure of coal
combustion product (CCP) structural fill facilities. The existing rules also
regulated other beneficial uses of CCP, storage and containment of CCP,
and annual reporting requirements.
Agency Contact Jessica Montie
Environmental Program Consultant
[e-mail]
[phone]
Authority G.S. 130A-294; G.S. 150B-21.3A
Statement of Necessity These rules are proposed for readoption in accordance with G.S. 15013-
21.3A.
Hearing Officer EMC Vice Chair Dr. Suzanne Lazorick
Comment Period December 15, 2020 to February 15, 2021
Public Hearings January 6, 2021
Comment Summary One verbal comment was received at the January 6, 2021 public hearing in
support of the rule -making approach and discussing future rulemaking on
other beneficial uses of CCP; and one verbal comment was received via
voicemail asking that warning signs be posted and groundwater inspections
be conducted at every structural fill.
Appendices APPENDIX 1 —Agency Head Certification
APPENDIX 2 — Notice of Text in the NC Register
APPENDIX 3 — Hearing Attendance Sheet
APPENDIX 4 — Hearing Transcript

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Rule Summary and Backaround
It is the responsibility of the Division of Waste Management (Division) Solid Waste Section
(Section) to regulate how solid waste is managed within the state under the statutory authority of
the Solid Waste Management Act, Article 9 of Chapter 130A of the General Statutes. State rules
governing solid waste management are found in Title 15A, Subchapter 13B of the North Carolina
Administrative Code. Prior to the Coal Ash Management Act of 2014, existing rules adopted under
the authority of 130A-294 that established requirements for coal combustion product (CCP)
structural fill facilities were found in Subchapter 13B, Section .1700 "Requirements for Beneficial
Use of Coal Combustion Products." These rules established the notification and recordation
process, siting, design, construction, operation, maintenance, and closure of structural fills. The
existing rules also regulated other beneficial uses of CCP, storage and containment of CCP, and
annual reporting requirements.
15A NCAC 13B Section .1700 is proposed for readoption in accordance with G.S. 150B-21.3A.
The existing rules are required to be readopted by the Environmental Management Commission
(EMC) by the deadline established by the Rules Review Commission (RRC) of April 30, 2021.
The Coal Ash Management Act of 2014 (Act) established requirements for the siting, design,
construction, operation, maintenance, closure, and recordation of CCP structural fills contracted
for on or after September 20, 2014. The Act also established annual reporting requirements for
CCP, and definitions for beneficial uses of CCP. Requirements for the storage and containment
of waste and recovered, recyclable, or reusable materials is regulated by Article 9 and Section
.0100 of Subchapter 13B. Because most of the requirements can now be found in other rules or
general statutes, Rules .1701 - .1710 are proposed to be repealed.
Because the Act does not apply to structural fills that were constructed and operated prior to
September 20, 2014, but these existing fills must still meet continuing requirements for
maintenance, buffers, and cover, and must retain the existing recordation, Rule .1713 was
proposed to consolidate these remaining requirements for existing structural fills. Because
additional stakeholder involvement was requested, a rule establishing requirements for other
beneficial uses for CCP will be proposed in a later rule -making action.
A regulatory impact analysis was prepared for proposed Rule .1713. No fiscal note is required for
Rules .1701 - .1710 since they are proposed for repeal. The North Carolina Office of State Budget
and Management (OSBM) initially approved the regulatory impact analysis on June 9, 2020.
Some revisions were made to the rules and the regulatory impact analysis after approval, and the
final revised version of the regulatory impact analysis was approved for publication on September
22, 2020. The analysis indicated little to no impacts on state and local governments, and no
substantial economic impact as a result of the amendments.
Public Comment and Hearing
The proposed rules and the regulatory impact analysis were approved by the EMC to proceed to
public comment and hearing at the November 19, 2020 EMC meeting, and EMC Vice Chair Dr.
Suzanne Lazorick was designated as the hearing officer. The Agency Head Certification is
included in Appendix 1.
The proposed rules were published in the NC Register, and the proposed rules and regulatory
impact analysis were published on the Department of Environmental Quality's (DEQ) proposed

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rules website throughout the public comment period from December 15, 2020 through February
15, 2021:
https://deg.nc.gov/documents/15a-ncac-13b-1700.
The Notice of Text included in Appendix 2 was published in the NC Register Volume 35 Issue 12,
page 1380:
httDs://files.nc.aov/ncoah/documents/files/Volume-35-Issue-12-December-15-2020.Ddf
The Division also sent a link to the published notice, rule text, and regulatory impact analysis for
public comment to interested parties including industry stakeholders, environmental groups, solid
waste management organizations, licensing boards, the League of Municipalities, and the
Association of County Commissioners via e-mail on December 14, 2020, and a reminder email
was sent the morning of the public hearing.
Public Hearing
The Division held a virtual public hearing via WebEx Events on January 6, 2021 for this rule set
at the link provided in the public notice. EMC Vice Chair Dr. Suzanne Lazorick served as the
hearing officer for the hearing. The public notice also provided a link for attendees to register to
speak at the hearing. The hearing attendance sheet is included in Appendix 3, and the hearing
officer statement is included in Appendix 4. The public hearing was attended by representatives
of NC Policy Watch, the Coal Ash and Liquid Management (CALM) Initiative, and Clean Water
for NC (ACT Coalition), other Department staff, and some NC residents.
No one registered to speak at the hearing, and no comments were provided at the hearing that
pertained directly to the proposed rule set. The hearing officer asked if anyone that did not register
to speak would still like to provide comments before the hearing was closed. At that time, Chris
Hardin with the CALM Initiative stated that he did not have comments on this rule set or structural
fills directly, that he appreciated the clarifying presentation given by Ed Mussler with the
Department, and that he supported the approach of completing this rule set in time to meet the
readoption deadline, while holding back the rule pertaining to beneficial uses other than structural
fills for a later rulemaking, to engage in further stakeholder discussion. Mr. Hardin wanted the
EMC to be aware of evolving technology for encapsulating CCRs to create energy storage
structures, which could be a potential beneficial use for CCRs. He suggested creating regulations
for demonstration projects to allow CCRs for energy storage structures, initiating a few
demonstration projects with DEQ and other key stakeholders, and including the DEQ Energy
Office and Dr. Sushma Masemore and her team in the discussions. The Division will address
other beneficial uses of CCP in a future rule -making action.
Comment Received During the 60-Day Comment Period
Comment Submitted By. Anonymous (unknown number, no name or phone number was provided
in the voicemail)
Comment Submitted As: Voicemail Message left at 919-707-8247
Date and Time: February 15, 2021, 7:45 p.m.
Comment Transcript:
"I just realized this was the last day to leave a comment on the beneficial use of coal ash
in North Carolina. I'm calling for Poison for the People. I represent the cancer cluster
victims of North Carolina who live beside the contaminated coal ash. I have so many
comments - I don't know how much time I have here.

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I know you guys aren't going to stop the sales to the concrete companies and the drywall,
but I would like to make a public request that warning signs go beside the properties of
each and every coal ash beneficial use structural fill site. The public deserves to know if
they are living and working beside a pile of arsenic. They deserve to know that. I would
also like to request that every single beneficial use site in North Carolina have a
groundwater inspection. I know you guys only inspect them once every decade and those
are only site inspections, and some of those inspections were literally taken from their
cars. I know pretty much some of these people going out and doing the inspections
probably don't even know what coal ash looks like. But I know that the rules are that they
only do site inspections for exposure, they don't test groundwater unless there is a
complaint. Well, I'm making an official complaint - every single one of them. And I'd be
happy to file a separate complaint on each and every one if that's what it's going to take,
and get a whole bunch of other people to do it too.
I'm going to tell you this is affecting a lot of people, a whole lot of people, and I know you
guys know about the towns that are poisoned now because they're coal ash cancer
clusters because you guys used to allow it to be used as dirt. A good example of that
would be Mooresville, which has the most sites of anyone in the state that has the
beneficial use site used as dirt, several of them are contaminated and they knew they
were contaminated decades ago - a couple of them have been turned into brownfields.
And there's been what like no - literally no - health checks, nothing, on the students at
Lake Norman High School where the coal ash was coming out of the ground in 2018
beside their school. You've got a school full of kids that have got thyroid cancer and
testicular cancer, and nobody is doing anything. They just send them back to school the
next day. They're not even telling the public - ok this has been cleaned up now, or we're
watching this closely, nothing - nothing's even been said since.
Now you guys have got a coal ash sinkhole at the Tire Masters and just randomly in their
parking lot that has opened up three times in the past two years, and the Tire Master guys
are the ones put in charge of it because the DEQ and Duke Energy and all these little
reuse guys made sure that the responsibility of cleanup fell onto the landowners who know
absolutely nothing about toxic waste — nothing. Not to mention this is a forever chemical,
so it's going to be there for a thousand years. It's supposed to travel with the deed and
each and every person who owns this property is magically supposed to know how to take
care of toxic waste, and make sure it doesn't affect the public. It's ridiculous, it's all
ridiculous what's been done and someone in that office has got to start doing their job
correctly instead of just trying to cover it up. I would like to know if you're still adding coal
ash to wastewater and spraying it as biosolids on the crops because that's not a good idea
either. I know you guys were spraying it as snow and ice control on the roads until 2015.
And yes, yes, I'm angry. You know why I'm angry? Because I need to figure out the chemo
schedule for the second time for my family member - the second time we're going through
cancer in three years. Not even 30 years old. First time they got cancer - 24 years old.
Instead of getting ready for college and facing their future, the kids that are in these towns
where you guys used coal ash as dirt, they're trying to figure out how to stay alive, and
they're trying to figure out their surgeries and their chemo. And guess what - they're all
coming up with the same kinds of cancer. Gee golly I wonder what it could be. This is
insane, and there's an army of cancer patients and their families that is being raised, that

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are angry — they're angry. And we want to see something being done because they can't
just keep hiding it and having these little secret meetings where nobody even realizes the
meetings are going on. After all, the coal ash structural fill meeting was supposed to
happen a year ago. I know somebody should be going to jail. Honestly, I cannot believe
that the people who allowed this contamination to happen are still in charge of cleanup for
it. It's kind of ridiculous. But I guess there's nothing we can do about that, so the best we
can do is hope that you guys start doing your jobs correctly, and at least maybe warn the
public where the toxins are. Thank you."
Agency Response:
The agency appreciates the comment and recognizes the concerns. The purpose of the rule -
making action being taken at this time is only to complete the legislative requirement to readopt
these existing rules prior to the deadline established by the Rules Review Commission of April
30, 2021, so that the existing requirements for structural fills are not removed from the rules. The
rules were also required to be updated to reflect the fact that requirements for the construction of
new structural fills were incorporated into G.S. 130A-309.218 — .226 in the Coal Ash Management
Act of 2014. No substantive changes to the requirements for existing structural fills are being
proposed for these rules at this time because any substantive changes would require an extensive
stakeholder process, and would need to ensure that the rules are consistent with federal and state
laws regarding structural fills and other beneficial uses of coal combustion products that are
currently being drafted, revised, or proposed for study.
The Department is working on additional rule -making actions to address the disposal of coal
combustion residuals, in addition to looking into other beneficial uses of coal combustion products;
and will consider this comment in future rule -making actions. Also note that, at this time, the
location of existing structural fills constructed under the rules in 15A NCAC 13B Section .1700
can be found on the Division of Waste Management's Site Locator Tool, which can be accessed
on their website at: https://deg.nc.gov/about/divisions/waste-management.
Summary
Two comments were received from interested parties during the public comment period on 15A
NCAC 13B Section .1700. One verbal comment was provided via voicemail requesting that
warning signs be posted and groundwater inspections be conducted at every existing structural
fill site in North Carolina. A verbal comment was also provided at the January 6, 2021 public
hearing on behalf of the CALM Initiative stating that they agree with the current rule -making
approach, and they discussed future rulemaking for other beneficial uses of CCP. The Division
has not made any changes to the rules after the comment period in response to comments.
Hearing Officer's Recommendation
The Hearing Officer recommends that the Environmental Management Commission approve the
regulatory impact analysis, repeal 15A NCAC 13B Rules .1701 - .1710, and adopt Rule .1703 as
published in the NC Register and presented at the March 11, 2021 EMC meeting as Attachment
A in order to meet the legislative readoption deadline established by the Rules Review
Commission, to avoid losing the rule requirements for existing structural fills from these rules.

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APPENDIX 1
Agency Head Certification

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CERTIFICATION OF THE AGENCY HEAD
REGARDING COMPLETION OF A FISCAL NOTE AND RULE ANALYSIS
IN RE: 15A NCAC 13B .1700 Requirements for Beneficial Use of Coal Combustion
Products
FINDINGS
The Chair of the North Carolina Environmental Management Commission ("the
Commission") is appointed by the Governor to guide and coordinate the activities of the
Commission in fulfilling its duties. G.S. § 14313-284.
The Commission has the power and duty to promulgate rules to be followed in the
protection, preservation, and enhancement of the water and air resources of the State.
G.S. § 14313-282(a).
The undersigned Chair of the North Carolina Environmental Management Commission
hereby certifies that the attached rules comply with the rulemaking principles set out in
Executive Order No. 70 as amended by Executive Order 48 (2014). The Chair specifically
certifies the following:
1. The attached rules are necessary because the rules are
required by federal law, citation:
x required by state law, citation: G.S. 150B-21.3A
x deemed necessary by the agency to serve the public interest
2. These rules were based on sound, reasonably available scientific, technical,
economic, and other relevant information that can be found in the rulemaking record. The
rulemaking record can be found in the minutes of the Commission and in supporting
documents. Those documents can be found on the Division of Waste Resource's
webpage at http://deq.nc.gov/about/divisions/water-resources/water-resources-
commissions/environmental-management-commission or may be requested from the
Clerk of the North Carolina Environmental Management Commission at
[e-mail].
3. The fiscal impacts of the rules have been analyzed and appropriate action taken as
follows:
X The Commission determined that no fiscal note was required under G.S. §
150B-21.4; or
A fiscal note has been prepared and approved by the Office of State Budget
and Management in accordance with G.S. § 15013-21.4. A copy of the fiscal
note can be found in the rulemaking record at the locations described in (2)
above.
4. The rules meet all other requirements of Executive Order No. 70.

NN
Based upon the foregoing Findings, and pursuant to the requirements of the North
Carolina Administrative Procedures Act and Executive Order No. 70, the undersigned
makes the following:
CERTIFICATION
The following proposed rules, 15A NCAC 13B .1700 "Requirements for Beneficial
Use of Coal Combustion Products" are in compliance with Executive Order No. 70.
This, the 19t" day of November 2020 at Raleigh, North Carolina.
V e- -
A :4 2
Chair,
North Carolina Environmental Management Commission

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APPENDIX 2
Notice of Text in the NC Register

TITLE 15A — DEPARTMENT OF ENVIRONMENTAL QUALITY
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Notice is hereby given in accordance with G.S. 150B-21.2 and G.S. 150B-21.3A(c)(2)g. that the Environmental Management
Commission intends to adopt the rule cited as 15A NCAC 13B .1713 and repeal through readoption the rules cited as 15A NCAC 13B
.1701-.1710.
Pursuant to G.S. 150B-21.17, the Codifier has determined it impractical to publish the text of rules proposed for repeal unless the
agency requests otherwise. The text of the rule(s) are available on the OAH website at http://reports.oah.state.nc.uslncac.asp.
Link to agency website pursuant to G.S. 150B-19.1(c): https:lldeq.nc.gov/permits-regulations/rules-regulations/proposed-main
Proposed Effective Date: May 1, 2021
Public Hearing:
Date: January 6, 2021
Time: 6: 00 p.m.
Location: A virtual public hearing will be held by webinar as follows:
WebEx Events meeting link: https://ncdenrits.webex.com/ncdenritslonstagelgphp?MTID=efa90104aaa76364c24c8OaOfe29f4353
Event number (access code): 178 673 9885
Eventpassword: NCDWM
You may elect to have the system call you, or you may call + 1-415-655-0003 US TOLL and enter the access code above.
If you wish to attend the hearing, you must register before 5: 00 pm on Tuesday, January 5, 2021.
Registration information can be found on the DEQ proposed Rule webpage at the following link:
https: lldeq. nc.govldocumen ts/15a-ncac-13b-1700
Reason for Proposed Action: Rules .1701-.1710 are proposed for repeal because most of the requirements for new coal combustion
product structural fills were added to G.S. 130A Article 9 Part 21 by the Coal Ash Management Act of 2014 (CAMA). The requirements
that are still necessary in Section .1700 for existing structural fills that are not subject to CAMA have been consolidated and moved to
new Rule .1713, which is proposed for adoption.
Comments may be submitted to: Jessica Montie, 1646 Mail Service Center, Raleigh, NC 27699-1646; phone [phone]; email
[e-mail] (please include "Solid Waste Rule Readoption " in the subject line)
Comment period ends: February 15, 2021
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a
person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review
Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or
more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become
effective as provided in G.S. 150B-21.3(bl). The Commission will receive written objections until 5:00 p.m. on the day following the
day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a
Commission staff attorney at 919-431-3000.
Fiscal impact. Does any rule or combination of rules in this notice create an economic impact? Check all that apply.
❑ State funds affected
❑ Local funds affected
❑ Substantial economic impact (>= $1,000,000)
® Approved by OSBM
® No fiscal note required
CHAPTER 13 - SOLID WASTE MANAGEMENT
SUBCHAPTER 13B - SOLID WASTE MANAGEMENT
SECTION .1700 - REQUIREMENTS FOR BENEFICIAL USE OF COAL COMBUSTION BY PRODUCTS PRODUCTS
15A NCAC 13B .1701
DEFINITIONS
15A NCAC 13B .1702
GENERAL PROVISIONS FOR STRUCTURAL FILL FACILITIES
15A NCAC 13B .1703
NOTIFICATION FOR STRUCTURAL FILL FACILITIES
15A NCAC 13B .1704
SITING FOR STRUCTURAL FILL FACILITIES
15A NCAC 13B .1705
DESIGN, CONSTRUCTION, AND OPERATION FOR STRUCTURAL FILL FACILITIES
15A NCAC 13B .1706
CLOSURE OF STRUCTURAL FILL FACILITIES
15A NCAC 13B .1707
RECORDATION OF STRUCTURAL FILL FACILITIES
15A NCAC 13B .1708
OTHER USES FOR COAL COMBUSTION BY-PRODUCTS

15A NCAC 13B .1709 STORAGE AND CONTAINMENT OF COAL COMBUSTION BY-PRODUCTS
15A NCAC 13B .1710 ANNUAL REPORTING C-12
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994. 1994;
Repealed Eff. May 1, 2021.
15A NCAC 13B .1713 REQUIREMENTS FOR EXISTING STRUCTURAL FILLS
(a) This Rule shall apply to existing structural fills. The definitions found in G.S. 130A-290 and G.S. 130A-309.201 shall apply to this
Rule. For the purposes of this Rule, "existing structural fill' shall mean a structural fill in which coal combustion products were placed
prior to September 20, 2014 in accordance with the rules of this Subchapter that were effective at the time of placement of the coal
combustion products. Prior editions of the rules in this Section can be obtained free of charge from the Division of Waste Mana eg merit
at 217 West Jones Street, Raleigh, NC 27603. This Rule shall not apply to structural fills contracted for on or after September 20, 2014.
(b) Upon closure, an existing structural fill shall comply with the requirements of G.S. 130A-309.222(a). For the purposes of this Rule,
final cover as required in G.S. 130A-222(a)(1) shall mean one of the following;
no less than 12 inches of compacted earth and an additional six inches of soil capable of soportin native ative plant growth
on the surface;
an impervious surface such as concrete or asphalt, or
a building or structure that does not allow infiltration of precipitation.
(c) Following closure, an existing structural fill shall be maintained to comply with the requirements set forth in G.S. 130A-
309.220(a)(1), (5), (6), (8), (9) and (11), except that the requirements shall not retroactively apply to the design, construction,
development, or operation of an existing structural fill. An existing structural fill is subject to the ,groundwater quality requirements of
15A NCAC 02L and the surface water quality standards set forth in 15A NCAC 02B.
( Following closure, an existing structural fill shall comply with following;
the landowner of the property where the existing structural fill is located shall not move or change the property
boundaries in a way that reduces the existing 25-foot buffer between the existing structural fill and the property
boundaries;
the landowner of the property where the existing structural fill is located shall maintain the existing 100-foot buffer
between the existing structural fill and any sources of drinking water on land under the control of that landowner; and
final cover as defined in Paragraph (c) of this Rule shall be maintained.
(e) An existing structural fill shall be recorded in accordance with G.S. 130A-309.223, except that every use of the term "coal
combustion residuals" shall be replaced with the term "coal combustion products."
History Note: Authority G.S. 130A-294: 130A-309.207; 130A-309.226;
Eff. May 1, 2021.

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APPENDIX 3
Hearing Attendance Sheet

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Public Hearing for Readoption of 15A NCAC 13B .1700 CCP Structural Fills
WebEx Event ID: 178434725382205274; Event Key: 1786739885
January 6, 2021, 6:00 p.m. New York Time
Attend-
ance
Attendance
Count
User Type
FirstName
LastName
Email
Attended
Join Time
Leave Time
Duration
IP
Client Agent
1
Panelist
Edward
Mussler
[e-mail]
Yes
5:45 PM
6:27 PM
42.0 mins
192.168.1.82
WINDOWS,Chrome
2
Panelist
Suzanne
Lazorick
[e-mail]
Yes
5:49 PM
6:28 PM
38.0 mins
192.168.1.22
WINDOWS,Chrome
3
Panelist
Jason
Watkins
[e-mail]
Yes
5:53 PM
6:27 PM
34.0 mins
192.168.1.8
WINDOWS,Chrome
4
Panelist
Dylan
Friedenberg
[e-mail]
Yes
5:53 PM
6:33 PM
40.0 mins
192.168.1.2
WINDOWS,Chrome
5
Panelist
Jessica
Montie
[e-mail]
Yes
5:44 PM
6:27 PM
43.0 mins
10.46.84.72
WINDOWS,Firefox
6
Attendee
Adrien
Wilkie
[e-mail]
Yes
6:05 PM
6:28 PM
22.0 mins
192.168.1.66
MAC,Chrome
7
Attendee
Lisa
Sorg
[e-mail]
Yes
5:56 PM
6:27 PM
30.0 mins
192.168.0.6
MAC,Safari
8
Attendee
Andrew
Pitner
[e-mail]
Yes
5:57 PM
6:27 PM
29.0 mins
10.46.84.171
WINDOWS,Firefox
9
Attendee
Jeannie
Ambrose
[e-mail]
Yes
6:19 PM
6:27 PM
8.0 mins
10.0.0.20
WINDOWS,IE
10
Attendee
Chris
Hardin
[e-mail]
Yes
5:58 PM
6:28 PM
29.0 mins
tcp://127.0.0.1:0
WEB BASED THIN CLIENT,Chrome
11
Attendee
Amanda
Strawderman
[e-mail]
Yes
6:00 PM
6:27 PM
27.0 mins
192.168.1.5
WINDOWS,Chrome
12
Attendee
Tami
Applebee
[e-mail]
Yes
6:00 PM
6:27 PM
26.0 mins
192.168.1.10
WINDOWS,IE

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APPENDIX 4
Hearing Transcript

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Hearing Transcript
January 6, 2021, 6:00 p.m.
15A NCAC 13B Section .1700
Good evening, my name is Dr. Suzanne Lazorick and I am a member of the North Carolina Environmental
Management Commission. My role as hearing officer is to receive comments on the proposed rule actions and the
regulatory impact analysis; and report those comments and recommend action to the full Commission.
During this virtual public hearing tonight, we will be receiving oral comments from those individuals who
requested to speak when they pre -registered for this event. If you are having technical difficulties with WebEx,
you can use the chat feature in WebEx to ask questions or seek assistance. You can also visit the Department of
Environmental Quality's website using the link in the public notice for this hearing for instructions on various
ways to connect to WebEx.
We will now open the hearing on the proposed readoption of 15A NCAC 13B Section .1700 titled "Requirements
for the Beneficial Use of Coal Combustion Products".
A regulatory impact analysis was drafted for these rule changes, and the final version was approved for publication
by the NC Office of State Budget and Management pursuant to G.S. 15013-21.4 on September 22, 2020. The
Office of State Budget and Management determined that no fiscal note is necessary because the proposed rule
changes do not have state or local government impacts, or substantial economic impacts to the regulated
community.
The public notice for this hearing was published in Volume 35, Issue 12 of the North Carolina Register on
December 15, 2020, and the public notice and regulatory impact analysis were posted on the Department of
Environmental Quality's website. The public notice was also emailed to those on the Division of Waste
Management's rules development email distribution list. We will add the public notice, regulatory impact analysis,
and the proposed rule changes into the hearing record without reading them at this time.
[Presentation] — Ed Mussler from the Division of Waste Management will now give a brief overview of the
amendments to these rules.
[Ed Mussler with the Division gave the same presentation that was given at the November EMC meeting]
We will now take comments on readoption and amendments to 15A NCAC 13B Section .1700 "Requirements for
the Beneficial Use of Coal Combustion Products". To do this, I would have called the names of each of the pre-
registered speakers in order, but no one has registered to speak at this hearing, so instead the WebEx Host will
1

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unmute each of the attendees and ask them if they would still like to provide a comment even though they did not
register. Please do not start speaking until the WebEx Host has indicated that your microphone has been unmuted.
It would also be helpful if any person speaking tonight would also submit a written statement for inclusion into
the hearing record.
If we call your name, but cannot hear you after you have been unmuted, please check to see if you are still muted
on the WebEx screen on your computer, or on your phone. If you are having audio issues, try a different method
of audio connection within WebEx or use the "Call Me" feature to have WebEx call your personal telephone line.
If we still cannot hear you, we will proceed to the next registered speaker, but will call your name again at the end
of the hearing.
[The host proceeded to call each attendee by name and unmute them, and ask if they would like to speak,
unless they indicated to the host in the chat that they did not wish to speak.]
Chris Hardin with the CALM Initiative stated that he did not have any comments directly pertaining to
the existing structural fill rule, that he appreciated the thorough presentation given by Mr. Mussler, and
that he concurred with the current rule -making approach [to complete the required readoption process
with the existing structural fill rule, while conducting further stakeholder engagement and bringing forth
a separate rule pertaining to beneficial uses of CCP other than structural fills at a later date]. Mr. Hardin
wanted to state for the EMC's information that he and the CALM Initiative were interested in discussing
and demonstrating a new method for coal combustion residual encapsulation and use in energy projects
to the Department and other stakeholders.
[All other attendees declined to speak.]
If you did not register to speak, but still want to provide comments on the proposed rulemaking, remember there
are several other ways to provide comments until the end of the comment period on February 15, 2021:
• You can call 919-707-8247 and leave a voicemail message providing your first and last name, whom you
are representing, and your comments on the proposed rule changes; or
• To provide written comments, please email them to [e-mail] with "Solid
Waste Rule Readoption" in the subject line. You can also mail written comments to the address listed in
the public notice.
Thank you all for your participation in this virtual public hearing and your interest in the public hearing process.
This hearing is adjourned.
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