NC DEQ Rules Review - Environmental Monitoring

    NC SWANA has representatives on each of the NC DEQ working groups for the Rules Review process: This Forum will allow Members to see updated information as it becomes available. Members may also ask questions and post responses to this Thread: All posts must be approved by Moderator prior to publishing on page.

    The following is the summary of our meeting of May 4, 2017:

    The Solid Waste Section is working with stakeholder groups to review and update all of the solid waste management rules.  G.S. 150B-21.3A requires agencies to review and update rules every 10 years.

    The third Environmental Monitoring Working Group meeting was coordinated by teh Solid Waste Section and was led by Jackie Drummond (Hydrogeologist).  The group included Ervin Lane (DWM), Jamie Cole (NC Conservation Network), Joan Smyth (SWANA), Mat Cologne (Ind. Consultant), Rachel Kirkman (Geologist Licensing Board), Matt Einsmann (NWRA), Derek Bouchard (Republic).

    The working group began reviewing 15A NCAC.0600 with discussions regarding .0601, 0602 and the addition of .0603 (landfill gas monitoring). Proposed changes included the following:

    .0601 -addition of language stating that groundwater 2L standards shall not be exceeded in the uppermost aquifer at the compliance boundary and definition of a compliance boundary (250 feet from the edge of waste or 50 ft from the property line whichever is closer.

    Concerns were raised regarding ensuring minimum standards for quality and accurate data such as those put forth in a Water Quality Monitoring Plan under the .1600 rules.  Additional thoughts along this line included requirement of a P.E. or P.G. to seal monitoring reports to ensure accuracy.

    .0602 - additional language was proposed based on the .1600 rules that surface water quality shall not exceed 15A NCAC 2B surface water standards and if no 2B standard exists, shall not cause a violation of NPDES requirements in Section 402 of the Clean Water Act.  Language was proposed to say that a site shall not cause discharge of dredged or fill materials that is a violation of the Clean Water Act.

    .0603 - Gas Monitoring - This section has been proposed as an addition to this existing rule to address deficiencies in requirements for landfill gas monitoring at these facilities.  The proposed section is modeled from .1626(4) with the following additions: requirement to monitor Hydrogen Sulfide, carbon dioxide and nitrogen, and that the concentration of these gases shall not exceed assigned threshold limits in facility structures (excluding gas recovery systems) or at the property boundary.

    The next meeting will be held June 20th at 10 am at the Winston-Salem Regional Office.


    The following is the draft summary from our first meeting held 4/3/17: 

    the working group began reviewing 15A NCAC 13B.0503(2), and discussed landfill gas monitoring and hydrogen sulfide gas monitoring.   Items discussed included:

    • possibly requiring a PG or PE stamp for landfill gas monitoring data,
    • the need for defensible accurate monitoring data and good QA/QC,
    • the need for the use of proper instrumentation and possibly utilizing numerical accuracy thresholds,
    • the need for a level playing field,
    • the need for a landfill gas monitoring plan based upon science and site specifics,
    • the need to have language to implement a landfill gas rememdiation plan, and
    • the need for rule triggers for landfill gas assessment and remediation. 

    This also led into review of federal and state rule and statute definitions for sanitary landfill, industrial landfill and explosive gases, which may also be addressed in this process.

    In addition, a stakeholder provided a comment as it applies to 15A NCAC 13B.0503(1)9b)(iii).  The comment was that the rule was not specific enough.  The same stakeholder provided a comment on 15A NCAC 13B.0503(1(b)(iv) that the rule should mitigate or address any known impacts.  It was suggested that language similar to 15A NCAC 13B.1622(7)(a) be adopted in place of this language.

    Finally, creating a new rule set to address monitoring at all solid waste management facilities was discussed as an option.  This would not constitute new requirements that all types of facilities do the same monitoring, but rather would require certain exemptions/requirements for the various facility types to be addressed in the rule. 

    The next meeting is scheduled for May 4th.

    Please provide any thoughts/comments on these discussions that we can bring to the next meeting. 


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