13B_.1700_RegulatoryImpactAnalysis

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REGULATORY IMPACT ANALYSIS
READOPTION OF 15A NCAC 13B SECTION .1700
REQUIREMENTS FOR BENEFICIAL USE OF COAL COMBUSTION PRODUCTS
June 4, 2020, revised August 13, 2020 and September 21, 2020
GENERAL INFORMATION
Agency: Environmental Management Commission
Department: Department of Environmental Quality
Division of Waste Management
Solid Waste Section
https://deq.nc.gov/about/divisions/waste-management/solid-waste-
section
Contacts: Jessica Montie
Environmental Program Consultant
Division of Waste Management — Solid Waste Section
Jessica. Montie(ab-ncdenr.gov
[phone]
Title: Requirements for Beneficial Use of Coal Combustion Products
Citation: 15A NCAC 13B .1701 through .1710 for Repeal through Readoption
15A NCAC 13B .1713 for Adoption
Authority: G.S. 150B-21.3A; G.S. 130A-294; G.S. 130A-309.207; and G.S. 130A-
309.226
Impact Summary: - Benefit to all parties through clarification
- Requires expenditure, distribution, or reallocation of State funds? No
- Impacts local government expenditures or revenues? No
- Substantial Economic Impact? No
Appendices - Table 1 — New Location of Requirements
- Proposed Rule Text

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PROPOSED RULE -MAKING SCHEDULE
Date
Action
09/09/2020
GWWMC Meeting: Approval of proposed text and regulatory impact
analysis to go to EMC.
11/19/2020
EMC Meeting: Approval of proposed text and regulatory impact
analysis for public comment.
12/15/2020
Rules published in NC Register and Agency website
Comment Period Begins.
12/30/2020
Earliest date for public hearing.
02/15/2021
Comment Period Ends.
03/11/2021
EMC Meeting: Approval of Hearing Officer's Report and Adoption of
Rules.
04/15/2021
RRC meeting: Approval of rule text
05/01/2021
Earliest effective date for rules.
BASELINE
The baseline for the proposed rule readoption package is the existing rules in 15A NCAC
13B Sections .0100 and .1700; and Article 1 and Article 9 of Chapter 130A of the General
Statutes.
The purpose of the existing rules in Section .1700 as promulgated was to establish
requirements for the beneficial use of coal combustion by-products and the siting, design,
construction, maintenance, operational, and closure requirements for structural fills
constructed using coal combustion by-products prior to the effective date of Session Law
2014-122; and also to establish requirements for other beneficial uses of coal combustion
products.
Session Law 2014-122, effective September 20, 2014 and revised by Session Law 2015-
1, established the Coal Ash Management Act of 2014, Chapter 130A, Article 9, Part 21 of
the General Statutes (Act), and revised some of the definitions in G.S. 130A-290. The Act
establishes requirements for the use of coal combustion products in structural fill projects
contracted for on or after the effective date of S.L. 2014-122 in Subpart 3 of the Act - Use
of Coal Combustion Products in Structural Fill (G.S. 130A-309.218 — 130A-309.226).
Definitions applicable to coal combustion products can be found in G.S. 130A-290(a)(35)
and 130A-309.201.
Much of the language in G.S. 130A-309.220 for the design, construction, and siting of
structural fill sites utilized existing language or requirements in existing Rule .1705. G.S.
130A-309.222(a) and 130A-309.223 utilized the same language that was existing in Rules
.1706 and .1707 for closure and recordation of structural fills.

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In the absence of these rules, solid waste management is still subject to multiple federal
regulations and North Carolina general statutes. Some examples of these regulations are
as follows (this list is not comprehensive):
Federal Regulations:
The Clean Water Act
The Safe Drinking Water Act
The Endangered Species Act
Marine Protection, Research, and Sanctuaries Act
National Historic Preservation Act
40 CFR 257 and 258
Other NC Administrative Code:
15A NCAC 02B or Surface Water Protection
15A NCAC 02C for Monitoring Well Construction
15A NCAC 02L for Groundwater Protection
15A NCAC 04 for Sedimentation and Erosion Control
Note that 15A NCAC 02L .0106(d) regarding corrective action for groundwater protection
provides specific requirements for activities conducted under the authority of a permit
initially issued by the Department on or after December 30, 1983 pursuant to G.S. 143-
215.1 or G.S. 130A-294 that results in an increase in concentration of a substance in
excess of the standards established under 15A NCAC 02L .0202.
Management of coal combustion residuals is also subject to 40 CFR 257 Subpart D
"Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface
Impoundments." These federal regulations also contain references to the beneficial use
of coal combustion products, but do not contain specific requirements for coal combustion
products. The rules in Subchapter 13B .1700 do not regulate coal combustion residuals
as defined in G.S. 130A-290 as referenced by 130A-309.201.
NECESSITY OF RULE CHANGES
The Division of Waste Management (Division) Solid Waste Section is responsible for
regulating solid waste management within the state under the statutory authority of the
Solid Waste Management Act, Article 9 of Chapter 130A of the General Statutes. Rules
governing solid waste management adopted under this authority are codified at Title 15A,
Subchapter 13B of the North Carolina Administrative Code. Existing Section .1700
establishes requirements for the beneficial use of coal combustion by-products and the
use of coal combustion by-products in structural fills. These rules are proposed for
readoption as a repeal in accordance with G.S. 15013-21.3A and are required to be
readopted by the deadline set by the Rules Review Commission of April 30, 2021. The
Solid Waste Section webpage regarding the rule readoption process can be found at the
following link: https://deg.nc.gov/about/divisions/waste-managemenVsolid-waste-
section/rules-review.

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Concurrently with the rule readoption, Rule. 1713 is proposed for adoption in accordance
with G.S. 130A-309.226 of the Act, which states:
"§130A-309.226. Amendments required to rules.
Requirements under existing rules governing the use of coal combustion products
for structural fill that do not conflict with the provisions of this Subpart shall continue
to apply to such projects. The Environmental Management Commission shall
amend existing rules governing the use of coal combustion products for structural
fill as necessary to implement the provisions of this Subpart. Such rules shall be
exempt from the requirements of G.S. 150B-19.3. (2014-122, s. 3(a).)"
PARTIES POTENTIALLY AFFECTED BY THE RULE CHANGES
Proposed Rule .1713 could potentially affect existing structural fills constructed and
closed in accordance with the existing rules in 15A NCAC .1700 prior to the effective date
of the Act, and administered by the Division of Waste Management. The Division
database records include 79 existing coal combustion product structural fills in North
Carolina that complied with the requirement to notify the Division in accordance with
existing Rule .1703, and that were constructed in accordance with 15A NCAC 13B
Section .1700 prior to September 20, 2014. The landowners of existing structural fills are
unlikely to be a state or local government agency. Any future structural fills are required
to comply with the Act; and would not be affected by the proposed rule.
SUMMARY OF RULE CHANGES
The Division is proposing to repeal of Rules .1701 through .1710, and to adopt new Rule
.1713 which consolidates and retains the requirements for existing structural fills that are
still necessary for continued maintenance. Proposed Rule .1713 updates the existing fill
requirements to be consistent with the Act and the applicability and timelines of Session
Laws 2014-122 and 2015-1. Note the Act uses the word "products" in place of "by-
products," so the rules of this Section are being updated accordingly.
Rules .1701 - .1710 are proposed for repeal because the rule language is no longer
necessary, has been replaced by the requirements established in the Act, or has been
moved to Rule .1713, or is intended to be moved to new Rule .1712 which would be
addressed in a separate rule -making. Pursuant to G.S. 150B-21.4(d), no fiscal note is
required for the repeal of an existing rule; therefore, this impact analysis does not address
the repeal of these existing rules except where it affects Rule .1713. However, for ease
of review, Table 1 provides a listing of the existing rules, and the locations in the Act or
rules where that rule language or requirement was transferred in 2014 or will be
transferred.
Rule .1713 Requirements for Existing Structural Fills

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Proposed new Rule .1713 consolidates requirements from Rules .1705 - .1707 that are
still necessary for the continued maintenance of structural fills constructed under the
existing rules in Section .1700 prior to the effective date of the Act. Because existing
structural fills were not required to comply with the Act by S.L. 2014-122 Section 4.(f), the
requirements in existing Section .1700 are the baseline for existing structural fills.
Proposed Rule .1713(a) states the applicability of this rule, and provides clarification that
it only applies to existing structural fills constructed and closed in accordance with Section
.1700, and does not to apply to future structural fills.. The proposed rule also references
statute definitions, and includes a definition for "existing structural fill" as being "a
structural fill in which coal combustion products were placed prior to September 20, 2014
in accordance with the rules of this Section that were effective at the time of placement
of the coal combustion products." The reference to statute definitions is not necessary
since they are applicable in the absence of that statement, but it was included because it
was requested for clarification.
Since all existing structural fills have already been sited, designed, and constructed, and
are now closed, and all new structural fills have to comply with these types of
requirements in the Act, the rules regarding notification, siting, design, construction,
operation, and reporting in Section .1700 are no longer necessary and are proposed for
repeal. However, some basic requirements for maintenance, closure, and recordation of
existing structural fills need to be retained. Because the Act utilized much of the same
language from existing Rules .1705, .1706, and .1707 when it was written, proposed Rule
.1713 refers to these same requirements in the Act to maintain the existing rule
requirements that are still applicable. However this also means that if any changes are
made to the maintenance, closure, and recordation requirements in G.S. 130A-
309.220(a), 130A-309.222(a), or 130A-309.223 in the future, the existing structural fills
would be required to comply with the changes to these statutes unless Rule .1713 was
amended.
Proposed Rule .1713(b) retains closure requirements from existing Rule .1706 by
referring to the same language in G.S. 130A-309.222(a). The proposed rule also retains
the final cover requirements from existing Rule .17050), and clarifies that the final cover
can be maintained either as the requirement from Rule .17050) for 12 inches of soil of
compacted earth and six inches of soil, or as the final end use that the fill was constructed
for which would have been a building/structure or impervious surface such as a parking
lot.
Retaining the closure and final cover requirements are necessary to ensure that cover is
not removed or allowed to erode in the future. The final cover requirement was expanded
from the existing requirement to accommodate the existing uses of structural fills as a
base for buildings, structures, or paved areas. This is a clarification that likely should have
been included in the existing rules when they were promulgated, since this use is one of
the intended purposes for the placement of coal combustion products as structural fill (this
end use is what was originally intended by the term "beneficial use"). If a building,
structure, or paved area impervious to infiltration of precipitation was constructed on top

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of the fill as was intended or planned, then there is no need to maintain soil at a particular
depth, or to allow for vegetation growth in the future.
Proposed Rule .1713(c) requires that an existing structural fill continue to be maintained
in accordance with G.S. 130A-309.220(a)(1), (5), (6), (8), (9) and (11), except that the
requirements shall not apply retroactively to the design, construction, development, or
operation of an existing structural fill. These requirements are being moved here from
existing Rule .1705(a), (e), (f), (h), (i), and (k), and are clarified to only apply to
maintenance of an existing structural fill since they have already been constructed and
closed. This paragraph also includes a statement that existing structural fills are subject
to 15A NCAC 02L and the surface water quality standards in 15A NCAC 02B. This
statement is included for information and clarification only, since existing structural fills
would be subject to the requirements of these two subchapters in the absence of the
proposed rule.
Proposed Rule .1713(d) requires that the existing buffers to property lines and wells from
existing Rule .1704(a)(4) and (6) be maintained. The purpose of retaining these two
buffers for fills that have already been sited and constructed is to ensure that no new
drinking water source is constructed in the fill buffer area by the landowner in the future,
and that property lines are not moved in the future by the landowner in a way that reduces
the existing buffer to property lines from the structural fill.
Proposed Rule .1713(e) retains the recordation requirements from existing Rule .1707,
and clarifies the terms as used in statute since coal combustion products are used in
structural fills. Even though any existing structural fill that was required to be recorded
should have already been recorded, retaining this requirement is necessary in case the
land is sold or transferred, or in case a discovery is made that a fill may not have been
recorded using the correct procedures and needs to be corrected.
IMPACT ANALYSIS
The Division's intent for proposed Rule .1713 is only to provide clarification, update the
requirements to be consistent with the Act, and consolidate and retain requirements for
existing structural fills that still apply and are necessary because existing structural fills
are not required to comply with the Act per S.L. 2014-122.
Costs
Because Rule .1713 is proposed only for clarification, to retain requirements from existing
rule that are still applicable, to refer to other applicable rule or statute requirements, or to
clarify what was done or is applicable in practice, the proposed rule is not expected to
impose any costs to any interested party.

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Benefits
Proposed Rule .1713 will provide a benefit to all interested parties, NC residents, and the
environment by providing clarification of the requirements for existing structural fills that
are exempt from the requirements of the Act. This clarification may reduce private industry
and State government staff time spent seeking and providing technical assistance and
answering questions regarding the requirements that still apply to existing structural fills
since the Act was effective in 2014.
CONCLUSION
• Proposed Rule .1713 is not expected to impose any costs to any party because it
is only retaining existing requirements that are still necessary or are referring to
other existing requirements.
• Proposed Rule .1713 is expected to benefit all parties and the environment through
clarification of requirements for existing structural fills that are not required to
comply with the Act per S.L. 2014-122.
• Proposed Rule .1713 is not expected to have an annual aggregate impact to the
affected parties of greater than or equal to $1 million.

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TABLE 1 — NEW LOCATION OF REQUIREMENTS
Existing
Where the Requirement
Citation in
15A NCAC
Title or Rule Text for Removal or Repeal
Can Now Be Found in
Notes
13B
Statute or Proposed Rules
.1701
DEFINITIONS
Definitions are in G.S.
All definitions are in the Act now, except "jurisdictional
130A-309.201 and
wetland" which is not necessary because it is not used in
referenced in Rule .1713
the proposed rule. Also, "coal combustion by-products"
was changed to "coal combustion products" (CCP) in the
Act.
.1702
GENERAL PROVISIONS FOR STRUCTURAL FILL
G.S. 130A-309.219, 130A-
Applicability and general requirements for new structural
FACILITIES
309.201, 130A-309.218 -
fills in statute, and for existing structural fills in Rule .1713
226, Rule .1713
.1703
NOTIFICATION FOR STRUCTURAL FILL FACILITIES
G.S. 130A-309.219
Permit Requirements for projects using CCP for new
structural fills
.1704
SITING FOR STRUCTURAL FILL FACILITIES
G.S. 130A-309.220 and
Design, construction, and siting requirements for projects
referenced by Rule .1713
using CCP for structural fill.
.1705
DESIGN, CONSTRUCTION, AND OPERATION FOR
STRUCTURAL FILL FACILITIES
Rule .1713 retains final cover, and references closure
maintenance for existing fills
.1706
CLOSURE OF STRUCTURAL FILL FACILITIES
G.S. 130A-309.222 and
Closure of projects using CCP for structural fill
referenced by Rule .1713
.1707
RECORDATION OF STRUCTURAL FILL FACILITIES
G.S. 130A-309.223 and
Recordation of projects using CCP for structural fill
referenced by Rule .1713
.1708
OTHER USES FOR COAL COMBUSTION BY-PRODUCTS
G.S. 130A-309.201 and
Some other beneficial uses of CCP (besides structural fill)
130A-309.216
are found in G.S. 130A-309.216 for ash beneficiation
projects, and are defined in G.S. 130A-309.201 under
"beneficial use" and "use or reuse of coal combustion
products".
.1709
STORAGE AND CONTAINMENT OF COAL COMBUSTION
15A NCAC 13B .0100 and
Section .0100 governs storage and transportation of solid
BY-PRODUCTS
G.S. 130A-309.05(c)
waste, and G.S. 130A-309.05 governs handling of
recovered material.
.1710
ANNUAL REPORTING
G.S. 130A-309.204
Reports - Annual reporting by public utilities regarding CCP
produced, disposed, and beneficially used.

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15A NCAC 13B .1701 is proposed for readoption as a repeal as follows:
SECTION .1700 - REQUIREMENTS FOR BENEFICIAL USE OF COAL COMBUSTION PRODUCTS
BY PRODUCTS
15A NCAC 13B .1701 DEFINITIONS
0) "Benef4eial
and beneficial
use" means
projeets pr-omoting public health and envir-onm
�esel�se�
"Coal
by
ineluding fly bot4om bailer- flue
(2) eembustion
desulfurization
produets"
means fesiduals,
by
ash, ask, slag and
fifed
gas
" hwisdietional
residue
produced
those
eoal eleetfieal of steam gener-a4ian units.
that the by the United States
wedand"
means
areas
meet er-iter-ia established
waters
(4) "Stmeter-al
of the United
fill"
States
fill
befiefieial
mbustio
me
by p eduets
p
ed
arly planed
with a pr-ojeeted end use eanstmeted using eoal
and n ntn,l
by products
�
are dir-eetly
^^
use.l
as follows. -
a tfia
to Le- duet lei .1' front + f
(a)
T"Y��a„il-ClL�
s
the coal combustion
in function
TIfa1T12�ICT�CT�J
edient
C�GGJSC�12Ia1SG-C[�1VRC[GC�.lIIIGJSITLJCLLIGC
by products
GV12IpVIIGCLCTOZ
are recovereda rate- end.. products;
for
(b)
a
or application
as an
effective substitme a commercial product or natural
History Note: Authority G.S. 130A-294;
Eff. January 4, 4994-1994:
Repealed :F f. March 1, 2021.
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15A NCAC 13B .1702 is proposed for readoption as a repeal as follows:
15A NCAC 13B .1702 GENERAL PROVISIONS FOR STRUCTURAL FILL FACILITIES
The pr-evisiefts of this Seetion shall apply to the siting, design, eenstmetieft, operation, elesufe and r-eeer-datie
of this Seetion and shall apply to stmetufal fills ethef 4ma these whiek r-eeeived vffit4efi appr-aval ffem the Divisi
Prior- to the eff-eetive date of this Seetiefl. A solid waste management pefmit is not required for- eeal eombustion
by pr-o,auets stmetwal rills ..,h:,.hmeet ther-equirements listed in this Seetion.
History Note. Authority G.S. 130A-294;
Eff. January 4, 4194-1994:
Repealed E,(f. March 1, 2021.
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1 15A NCAC 13B .1703 is proposed for readoption as a repeal as follows:
2
3 15A NCAC 13B .1703 NOTIFICATION FOR STRUCTURAL FILL FACILITIES
4
5 theuse shall submit a wr-it4efl nefiee to the Division. The nefiee shall eantain, a4 a mini
9 the Pr-ejeet-.
10 �a The estimated start and eeiletiedates ethe Dreiest.
\-rV:SR�S[S4fY1�.LT�7SISS�/L7�!!!!T.7 ■17.TS-TIRT-�Y YY��!!E7 R73fs _ 6T.tltL7�.
m im.-
. mom M., - Nomm.
-0 ■
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15 M in the pfejeet. A TCLP analysis shall be eendiieted at least afffmally. A minimum
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19 agreeing to reeefd the fill in aeeer-dance with Rule .1707 of this Seeti
21 (A) Name of coal combustion by products generator-,
22 B) Physieal leeatien of the generating€aeil
23 (CAddress of generator;
24 (P) Name of eent-aetfef generator-;
25 (E) Telephone n er- of generator; and
26 (F) Changes that occur will require subsequent notification of the Division of Solid Waste
28 (b) in addition to the notification requirements under- Paragraph (a) of this Rule, at least 30 days before using 0
29 combustion by products as a structural fill in projects with a volume of more than 10,000 cubic yards, the per -son
30 proposing the use shall submit a AT44en natiee to the Division eafft i i - . :tion plans for- the stfuetufal
31 , signed and sealed by a r-egistefed
32 professional - . eeFda-nee with sound engineering pr-aetices. The Depaftment of Tr-anspei4atian is not
33 r-e"ir-ed to submit eanstfuetien plans with the vffiAen natiee. The PepaF4nent of Tr-anspei4alien shall maintain -H.
34 complete set of construction plans and shall notify the Division where the constmetion plans are loc
35
36 History Note: Authority G.S. 130A-294; G.S. 130A-309.207;
37 Eff January 4, 4914-1994;
38 Repealed Eff'. March 1, 2021.
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15A NCAC 13B .1704 is proposed for readoption as a repeal as follows:
15A NCAC 13B .1704 SITING FOR STRUCTURAL FILL FACILITIES
(a) Coal ,. mustion by p ad ets , e,l ., a stfuet,,,-.,l fill shell not be ..1.,,, e,l.
fill;-9, Pei:Fflit or- Waiver- for- the
P) Within 50 her-izental feet of the top of the bank of a perennial stream or- other sar-faee water- bod)-,
(3) Within two of the seaseaa4 high groom water table;
(4) Within 100 her-imatal feet of any source of drinking water, stieh as a well, spring OF
(5) Within an area subjeet to a one h-undr-ed year- flood, tmiess it ean be demens4fated to the Division
r-estfieted and the storage vekffne of the flood plain will not be signifieantly r-edueed;
(7) Within 5 feet of attsrop.
(b) The P�visiea a -ad the Depaftment of Tr-aaspeAatien may agree on speeific stmetur-al fill siting er-iter-ia that may be
used on Pe,..,-en4 of Tre eft.,tio p vets
History Note: Authority G.S. 130A-294;
Eff. January 4, 4994-1994:
Repealed :F f. March 1, 2021.
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1 15A NCAC 13B .1705 is proposed for readoption as a repeal as follows:
2
3 15A NCAC 13B .1705 DESIGN, CONSTRUCTION, AND OPERATION FOR STRUCTURAL FILL
4 FACILITIES
5 ,
6
8 (b) G%4 eeffilbustion by pfoduets shall be collected and transported in a fnannef that will pFevent nuisances a
9 hazards to publie health and safety. Coal combustion by pFoduets shall be moisture conditioned, as necessary, an
12 , speeified by -a
13 fegistefed prefessional engineef fef a speeifie enduse puTese.
14
15 .
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18 (f) The coal combustion by pr-edtiet swue—r-al fill f4eility shall be effeetively maintained and operated to ensure Be
19 .
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21 placement area dufi g filling and ,. „st-motion activity-.
22 .
23 (i) The stmetufal fill pr-ejeet ffnist be operated with suffieient &st eantfal measufes te minimize aifbame emissie
24 .
25 0) All stfuetufal fills shall be covered with a minimum of 12 inelies eempaeted eat1h, and an additional suffaee six
26 inches of soil capable of supporting native plant growth-.
27 (k) Compliance with these standards does not insulate any of the owners or operators ftom clainis for damages to
28 surface waters, ground water or air resulting from the operation of the strucvmal fill facility. if the facility fails to,
29 eomply with the requirements of this Section, the oonstructor, generator-, owner or operator- shall notify the Divi
30 and shall take sueh immediate eaffeetive aetion as may be required by the Depaftmeflt-.
31 (1) Coal e0mbustion by pr-adidets'atilized on an exter-ior- slope efa stt:uetural fill shall not be plaeedwith a slope gr-eatef
33 sign, ,
34 oriteria that may ply to the Tlepa ftment of Tr.,,.spoFt.,tion pfej ects.
35
36 History Note: Authority G.S. 130A-294;
37 Eff January 4, 4914-1994:
38 Repealed Eff'. March 1, 2021.
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15A NCAC 13B .1706 is proposed for readoption as a repeal as follows:
15A NCAC 13B .1706 CLOSURE OF STRUCTURAL FILL FACILITIES
(a) No Wer- than 30 working days or- 60 ealendaf days, whiehever- is less after- eeal eambustien by preduet plaeefflen4
has eeased, the final eover- shall be applied evef the eeal eambustieft by pfeduet plaeefflefA area.
(b) The finai suffaee of the s4uetffal fill shall be gr-aded and provided with dFainage systems tha4:
0) Minimize erosion ter-ials; and
on the s,..,,,.ti,. a rill
(e) Other er-esion eontrol measures, stieh as temper-ary m-ulehing, seeding, or- silt barrieFs shall be installed to ensufe
(d) The eenstfuetef or- opefater- shall submit a eei4ifiemien to the Division signed and sealed by a fegister-ed
ah r-equir-ements in the Rules of this Seetion have been met. The r-epat4 shall be submitted within 30 days of applieati
of the final.. e
(e) The Division and the DepaFtment of Tr-anspaFtatian shall agree on speeifie elosur-e er-iteria that apply to Depar-tmen4
of Tr eftat;..,.. pr-oje..tom
History Note: Authority G.S. 130A-294;
Eff January 4, 4994. 1994;
Repealed f f. March 1, 2021.
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1 15A NCAC 13B .1707 is proposed for readoption as a repeal as follows:
2
3 15A NCAC 13B .1707 RECORDATION OF STRUCTURAL FILL FACILITIES
4 (a) The awnefs of land where eeal eambustion by pr-eduets ha-ve been utilized in velum
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8 map. The statement shall be signed a -ad aeknowledged by the la-adowner-s(s) in the fe-f-f
9 tIff ,,,
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12Register's
13 afid the da4e, book and page numbef of r-eeefding shall be fetumed to the Division after- rvear-difig.
14 , eenveyed OF
15 ,
the deed or- other instpament of #msfer- shall eentain in the deser-iption seetion in no smalle-r-
16 t�Te than used in the body of the deed or- instfument a sta4emefft that eeal eombustion by pr-eduets ha-ve been used
17 fillmaterial o the property.
18
19 History Note: Authority G.S. 130A-294;
20 Eff. January 4, 4994-1994:
21 Repealed f ff. March 1, 2021.
7of11

1.1351.1
1 15A NCAC 13B .1708 is proposed for readoption as a repeal as follows:
2
3 15A NCAC 13B .1708 OTHER USES FOR COAL COMBUSTION BY-PRODUCTS
4
5 ,
7 ' ) Coa1seff"stien by produetsttsed as soil fmtfient-actives or- other gr4effl
9 (2) Coal combustion bettem ash oF boiler slag used as a traction eontrolmaterial
10 if the use is anuroved bv the North Carolina Dmartment of Tfansnortation-.,
12 ,
13 ,
14 inebading but not limited to, blasting gfit, reefing gr-ai+ules, filter eleth pfeeea4 faf sludge dewmer-ing
15 and pipe bedding;
16 (4) Coal eembtistion by pr-oduets tised as a stmeWr-al fill for- the base, sub base, under- a stf:uetffe
17 fbetpFifA of a paved read, a par -king let, sidewalk, walkway or- similaF stt%etffe;
18
19 ean4ained within the eeal eambustion by pfeduets. Residuals from the pr-eeessing eper-a4ians shall
20 ;
21 (6) Goal combustion by products processed with a cementitious binder to produce a stabilized struetural
22
23
24 History Note: Authority G.S. 130A-294;
25 Eff. January 4, 4914-1994:
26 Repealed Eff. March 1, 2021.
8of11

B-17
1
2
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5
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10
11
12
13
14
15A NCAC 13B .1709 is proposed for readoption as a repeal as follows:
15A NCAC 13B .1709 STORAGE AND CONTAINMENT OF COAL COMBUSTION BY-PRODUCTS
will be put to benefteial use for a !eager- period of fifne dma neeessafy to eemplete the pr-ojeet. Coal eaffibusti
(b) Complianee vvith this Seetion does not exempt the owner- or- operator- of the stmettifal fill faeility 4ofn applie-
Nefth Carolina Water Pollution Control Regulations (15A NGAG 214), the North GaFolina Aif Pollution Control
History Note: Authority G.S. 130A-294;
Eff. January 4, 414-1994:
Repealed E,(f. March 1, 2021.
9of11

B-18
1
2
3
4
5
6
7
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12
13
14
15A NCAC 13B .1710 is proposed for readoption as a repeal as follows:
15A NCAC 13B .1710 ANNUAL REPORTING
By Oetaber 1 of eaeh year-, the gener-a4er-s of eeal eembustion by pfeduets shall stibmit a -a annual summar-y to the
Division. The apAival stffnfnafy shall be fef the period J-uly 1 thr-ough hane 31 and shall iftelude!
0) Veltffne of eeal eembusfien by pfeduetspr-edueed;
R) Volume of eeal eembRstien by p r s disposed-;
(3) Volume of eeal eembastions used in fill fasilities=a-ad
(4) Volume of eeal eembastion by pre"ets tised for- other- uses as deseribed in pmle .1709 ef this
,Seetiei.
History Note: Authority G.S. 130A-294;
Eff. January 4, 414-1994:
Repealed E,(f. March 1, 2021.
10 of 11

B-19
1 15A NCAC 13B .1713 is proposed for adoption as follows:
2
3 15A NCAC 13B .1713 REQUIREMENTS FOR EXISTING STRUCTURAL FILLS
4 (a) This Rule shall apply to existing structural fills. The definitions found in G.S. 130A-290 and G.S. 130A-309.201
5 shall apply to this Rule. For the purposes of this Rule, "existing structural fill" shall mean a structural fill in which
6 coal combustion products were placed prior to September 20, 2014 in accordance with the rules of this Subchapter
7 that were effective at the time of placement of the coal combustion products. Prior editions of the rules in this Section
8 can be obtained free of charge from the Division of Waste Management at 217 West Jones Street, Raleigh, NC 27603.
9 This Rule shall not apply to structural fills contracted for on or after September 20, 2014.
10 (b) Upon closure, an existing structural fill shall comply with the requirements of G.S. 130A-309.222(a). For the
l l purposes of this Rule, final cover as required in G.S. 130A-222(a)(1) shall mean one of the following_
12 (1) no less than 12 inches of compacted earth and an additional six inches of soil capable of supporting
13 native plant growth on the surface;
14 (2) an impervious surface such as concrete or asphalt; or
15 (3) a building or structure that does not allow infiltration of precipitation.
16 (c) Following closure, an existing structural fill shall be maintained to comply with the requirements set forth in G.S.
17 130A-309.220(a)(1), (5), (6), (8), (9) and (11), except that the requirements shall not retroactivelapply to the design,
18 construction, development, or operation of an existing structural fill. An existing structural fill is subject to the
19 groundwater quality requirements of 15A NCAC 02L and the surface water quality standards set forth in 15A NCAC
20 02B.
21 (d) Following closure, an existing structural fill shall comply with following,:
22 (1) the landowner of the property where the existing structural fill is located shall not move or change
23 the property boundaries in a way that reduces the existing 25-foot buffer between the existing
24 structural fill and the property boundaries;
25 (2) the landowner of the property where the existing structural fill is located shall maintain the existing
26 100-foot buffer between the existing structural fill and any sources of drinking water on land under
27 the control of that landowner; and
28 (3) final cover as defined in Paragraph (c) of this Rule shall be maintained.
29 (e) An existing structural fill shall be recorded in accordance with G.S. 130A-309.223, except that every use of the
30 term "coal combustion residuals" shall be replaced with the term "coal combustion products."
31
32 History Note: Authority G.S. 130A-294; 130A-309.207; 130A-309.226;
33 Eff. March 1, 2021.
11 of 11

B-20
Montie, Jessica
From: Hollis, Carrie
Sent: September 22, 2020 4:09 PM
To: Montie, Jessica
Cc: Masich, Molly; McGhee, Dana; Grozav, Anca; Everett, Jennifer; Mussler, Ed; Lorscheider, Ellen
Subject: RE: Review - Requirements for the Use of Coal Combustion Products, 15A NCAC 13B .1701 - .1710
Attachments: DEQ2020-06-09Rev09-22.pdf
OSBM approved the Division of Waste Management's proposed changes to rules 15A NCAC 13B .1701 - .1710 on June
91h and August 13th (see email below). Since that time, the agency has made technical changes to the rule package. The
analysis has been modified accordingly. OSBM has determined the amendments have little to no impact on state or local
governments and no substantial economic impact. The revised analysis is approved for publication.
Regards,
Carrie
From: Hollis, Carrie
Sent: Thursday, August 13, 2020 4:51 PM
To: Montie, Jessica <[e-mail]>
Cc: Molly Masich ([e-mail]) <[e-mail]>; McGhee, Dana
<[e-mail]>; Grozav, Anca <[e-mail]>; Everett, Jennifer
<[e-mail]>; Mussler, Ed <[e-mail]>; Lorscheider, Ellen
<[e-mail]>
Subject: RE: Review - Requirements for the Use of Coal Combustion Products, 15A NCAC 13B .1701 - .1710
OSBM approved the Division of Waste Management's proposed changes to rules 15A NCAC 13B .1701 - .1710 on June
9th (see email below). Since that time, the agency has made changes to the rule package. The analysis has been modified
accordingly. OSBM has determined the amendments have little to no impact on state or local governments and no
substantial economic impact. The revised fiscal note is approved for publication.
Please let me know if you have any questions.
Carrie
From: Hollis, Carrie
Sent: Tuesday, June 9, 2020 5:25 PM
To: Montie, Jessica <[e-mail]>
Cc: Molly Masich ([e-mail]) <[e-mail]>; McGhee, Dana
<[e-mail]>; Grozav, Anca <[e-mail]>; Everett, Jennifer
<[e-mail]>; Mussler, Ed <[e-mail]>; Lorscheider, Ellen
<[e-mail]>
Subject: Review - Requirements for the Use of Coal Combustion Products, 15A NCAC 13B .1701- .1710
OSBM has reviewed the Division of Waste Management's proposed changes to rules 15A NCAC 1313.1701- .1710 in
accordance with G.S. 15013-21.4 and with E.O. 70 from 10/21/2010 as amended by E.O. 48 from 4/9/2014. OSBM has
determined the amendments have little to no impact on state or local governments and no substantial economic
impact. The fiscal note is approved for publication.

B-21
Please let me know if you have any questions.
Carrie
Carrie Hollis
Economic Analyst
NC Office of State Budget and Management
carrie.hollis(a)-osbm.nc.gov
MAKE N
OU1 T
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law (GS 132) and
may be disclosed to third parties by an authorized state official.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.