Division of Waste Management Mission to prevent harmful

Division of Waste Management Mission: to prevent harmful releases of waste to the environment, and clean up existing contamination. NC DENR Division of Waste Management 1

Core Program Areas • Superfund • Hazardous Waste • Solid Waste • Underground Storage Tanks Petroleum releases above/below ground • Brownfields Redevelopment NC DENR Division of Waste Management 2

Relation to NC DENR Goals Maintain and improve water, land air quality in NC Prevention of releases Cleanup of contamination Instill and achieve excellence in customer service Alignment of resources to priority areas Electronic document management to improve access to information Responsible stewards of state tax dollars and support the growth of NC’s economy Redevelopment of contaminated properties Enhanced recycling venues (coal ash, electronics and other waste streams) NC DENR Division of Waste Management 3

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Superfund Program • Investigates previously uncontrolled and unregulated contaminant releases. • Identifies the risks these sites pose, prioritizes them for cleanup and directs cleanup activities. • Administers the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Inactive Hazardous Sites Act (IHS). • Operates using appropriations, fees, state trust funds, and EPA grants. NC DENR Division of Waste Management 5

Superfund Program Structure • Inactive Hazardous Sites Created to protect public health and the environment from releases of uncontrolled and unregulated hazardous substances not addressed by other programs, and to facilitate the cleanup and reuse of sites contaminated by those releases. • Special Remediation The Dry-Cleaning Solvent Cleanup Act Program, a voluntary program that assesses and remediates sites contaminated with dry-cleaning solvents. • Federal Remediation Works with the EPA to investigate and respond at those sites that qualify for cleanup under CERCLA because of the magnitude of their impact, or because they require emergency action. NC DENR Division of Waste Management 6

Superfund Program Challenges, Successes and Recommendations • Challenges Approximately 1881 Inactive Hazardous Sites in NC today. Current staffing levels allow the program to work on 150 -160 projects at a time. • Successes State-funded risk-based cleanups at Pre-Regulatory Landfills. Alternative water for 113 homes through Bernard Allen Fund Active remediation completed and controls in place to protect human health and the environment at an additional 57 sites in state FY 2013 -14. Award-winning cleanups at NC military bases (2014 Secretary of the Navy Environmental Restoration Team Award to the Marine Corps Air Station Cherry Point Partnering Team) • Recommendations Seek funding for cleanup of orphan sites and resources to oversee cleanup of the highest risk sites. Broaden use of privatized cleanup oversight by Registered Environmental Consultant (REC) program. NC DENR Division of Waste Management 7

Superfund Program Statutes and Rules Statutes: 130 A-310 - 130 A-310. 14 (Inactive Hazardous Sites) Rules: Inactive Hazardous Sites rules 15 A NCAC 13 C- Inactive Hazardous Substance or Waste Disposal Sites RRC review date: April 2017 Drycleaning Solvent Cleanup Act (DSCA) Rules: 15 A NCAC 2 S- Rules and criteria for the administration of the dry-cleaning solvent cleanup fund RRC review date: February 2015 NC DENR Division of Waste Management 8

Hazardous Waste Program • Ensures the safe management of hazardous industrial waste by implementing federal regulations adopted under the Resource Conservation and Recovery Act and state requirements. • Authorized to implement the federal program (1980). NC DENR Division of Waste Management 9

Hazardous Waste Program Structure • Permitting and Environmental Remediation Issues operating and post-closure permits to hazardous waste treatment, storage and disposal facilities. Reviews and approves plans for site-wide remediation of historical releases and monitors implementation over time. • Compliance Oversees hazardous waste generators; transporters; treatment, storage and disposal facilities; used oil and universal waste. Outreach/education program provides facilities with the knowledge and ability to appropriately manage their hazardous waste. NC DENR Division of Waste Management 10

Hazardous Waste Program Challenges, Successes and Recommendations • Challenges Maintaining high compliance rate in stressed economic climate. Compliance rate, SFY 2013 -14: • 98% for Treatment/Storage/Disposal (TSD) facilities. • 95% for all other regulated facilities. Completing remediation of releases and closure at TSD facilities. • Successes First state in the southeast to achieve national goal of approved operational controls in place at 100 percent of high priority facilities to prevent human health and environment exposures (83 facilities in NC). • Recommendations Maintain high compliance rate through education and outreach. NC DENR Division of Waste Management 11

Hazardous Waste Program Statutes and Rules Statutes: NCGS 130 A-295 – Additional requirements for hazardous waste facilities NCGS 130 A-310. 50 – Part 6. Mercury Switch Removal Rules: 15 A NCAC 13 A. 0100 - Hazardous Waste RRC review date: April 2017 NC DENR Division of Waste Management 12

Solid Waste Program • Regulates safe management of solid waste through guidance, technical assistance, regulations, permitting, environmental monitoring and compliance evaluation. • EPA approved program designation (1993). NC DENR Division of Waste Management 13

Solid Waste Program Structure • Composting and Land Application • Field Operations • Permitting • Planning and Programs NC DENR Division of Waste Management 14

Solid Waste Program Challenges, Successes and Recommendations • Challenges Permitting Illegal dumping of waste, management of cathode ray tubes. • Successes State disposal capacity, disaster response. • Recommendations Establishing a permitting framework for alternative technologies. Compostin g and Land Application SW Sectio n Planning and Programs Field Operations NC DENR Division of Waste Management 15

Solid Waste Program Statutes and Rules Statutes: NCGS 130 A-294 Rules: 15 A NCAC 13 B. 0100 through. 1700 RRC review date: April 2017 NC DENR Division of Waste Management 16

Underground Storage Tanks (UST) Program • Registers, permits, inspects and collects operating fees for regulated (commercial) underground storage tanks (USTs). • Oversees cleanups of releases from USTs. • Manages the resources of the Commercial and the Noncommercial Cleanup Funds. • Responds to releases of petroleum from other sources. • Approved program by EPA (2001). NC DENR Division of Waste Management 17

Underground Storage Tanks (UST) Program Structure Permits and Inspection Issues permits to operate UST systems and inspects UST facilities to ensure compliance with UST statutes, rules and policies. Corrective Action Trains and provides data to UST owner/operators and consultants through central and regional offices. Oversees assessment and cleanup activities, conducts inspections and technical assistance visits. Trust Fund Administers the NC Leaking Petroleum Underground Storage Tank Cleanup Funds and EPA grants. Oversees trust fund eligibility decisions and fund reimbursements. NC DENR Division of Waste Management 18

Underground Storage Tanks Program Challenges, Successes and Recommendations • Challenges Promote UST release prevention by maintaining the UST compliance inspection program and operator training in the face of decreasing federal grants. • Successes In full compliance with the underground storage tank requirements of the federal Energy Policy Act of 2005, a requirement for federal grant funding. A program total of 23, 639 of 33, 601 contaminated sites cleaned up to acceptable risk levels, facilitating the productive reuse of many of these properties. • Recommendations Decrease the backlog of regulated UST releases needing cleanup. About 7912 regulated UST releases have not been cleaned up to closure standards. Improve the UST data management process, including increasing the use of electronic storage, retrieval and assessment of data. Add and expand use of GIS data internally and externally. NC DENR Division of Waste Management 19

Underground Storage Tank (UST) Statutes and Rules Statutes: NCGS 143 -214. 1 {2 L Rules} , 143 -215. 3(a) & 143 B-282(2) {2 N &2 T Rules}, 143 -215. 94 {2 P & 2 O Rules}, 143 B-279 {Land Use Restriction/Deed Recordation} Rules: 15 A NCAC 2 N- Underground Storage Tanks RRC review date: Feb. 2018 15 A NCAC 2 L. 0400 - Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks RRC review date: Feb. 2018 15 A NCAC 20 - Financial Responsibility Requirements for Owners and Operators of USTs RRC review date: Feb. 2018 15 A NCAC 2 P- Rules for the Administration of The Leaking Petroleum underground Storage Tank Cleanup Funds RRC review date: Feb. 2018 15 A NCAC 2 T- (Section. 1500) Soil Remediation RRC review date: Sept. 2014 NC DENR Division of Waste Management 20

Brownfields Program • Provides a mechanism for treating prospective developers of brownfield sites differently from the parties responsible for contaminating them, to encourage economic redevelopment. • Authorized by the state’s Brownfield Property Reuse Act and funded by EPA grant and State Fees. NC DENR Division of Waste Management 21

Brownfields Properties are: Abandoned, idled, or underutilized properties at which redevelopment is hindered by actual environmental contamination or the possibility of environmental contamination. Brownfields Activities: • • Property eligibility determinations Technical site assessment guidance Risk assessment/Risk management Brownfields Agreement drafting and negotiation Public notification and comment response Risk mitigation implementation Institutional controls, compliance assistance and monitoring NC DENR Division of Waste Management 22

Brownfields Program Challenges, Successes and Recommendations • Challenges Meeting demand for Brownfield agreements in the face of continuing decreases in federal grant dollars. 290 agreements in place, 135 in process. • Successes Economic development: $8+ billion in private redevelopment investment. Returning abandoned properties to tax-base. • Recommendations Evaluate Brownfields tax incentives to include benchmarking with other States. Consideration of creation of a revolving loan fund for Brownfields assessment, mitigation and cleanup. NC DENR Division of Waste Management 23

Brownfields Success Before: An abandoned textile mill (circa 1888) and chromium electroplater (circa 1955). NC DENR Division of Waste Management 24

Brownfields Success After: Alpha Mill Apartments, bordering uptown Charlotte… …with preservation of historic architectural heritage. NC DENR Division of Waste Management 25

Brownfields Statutes • NCGS 130 A-310. 30 – 130 A-310. 40 • No program rules NC DENR Division of Waste Management 26

Division of Waste Management Linda Culpepper, Director 217 W. Jones St. 1646 Mail Service Center Raleigh NC 27699 -1646 919 -707 -8200 http: //portal. ncdenr. org/web/wm/ NC DENR Division of Waste Management 27