Chapter 13 - Solid Waste Management

SUBCHAPTER 13A - HAZARDOUS WASTE MANAGEMENT

SECTION .0100 - HAZARDOUS WASTE

15A NCAC 13A .0101      GENERAL

(a)  The Hazardous Waste Section of the Division of Waste Management shall administer the hazardous waste management program for the State of North Carolina.

(b)  In applying the federal requirements incorporated by reference throughout this Subchapter, the following substitutions or exceptions shall apply:

When used in any of the federal regulations incorporated by reference throughout this Subchapter, except where the context requires references to remain without substitution including with regard to forms, publications, and regulations concerning international shipments, variances from land disposal restrictions, and other program areas over which the federal government retains sole authority: "United States" shall mean the State of North Carolina; "Environmental Protection Agency," "EPA," and "Agency" shall mean the Department of Environmental Quality; and "Administrator," "Regional Administrator," "Assistant Administrator," and "Director" shall mean the Secretary of the Department of Environmental Quality. The North Carolina Solid Waste Management Act and other applicable North Carolina General Statutes set forth in G.S. 130A shall be substituted for references to "the Solid Waste Disposal Act," "the Resource Conservation and Recovery Act," and "RCRA" where required by context.

(c)  In the event that there are inconsistencies or duplications in the requirements of those Federal regulations incorporated by reference throughout this Subchapter and the State rules set out in this Subchapter, the provisions incorporated by reference shall prevail except where the State rules are more stringent.

(d)  40 CFR 260.1 through 260.5 (Subpart A), "General" are incorporated by reference including subsequent amendments and editions.

(e)  40 CFR 260.11, "Incorporation by Reference" is incorporated by reference including subsequent amendments and editions.

(f)  Copies of all materials in this Subchapter may be inspected or obtained as follows:

(1)           Persons interested in receiving rule‑making notices concerning the North Carolina Hazardous Waste Management Rules shall submit a written request to the Hazardous Waste Section, 1646 Mail Service Center, Raleigh, N.C. 27699-1646 or send an email request to DENR.DWM_Rules@ncdenr.gov. Upon receipt of each request, individuals shall be placed on a list to receive notices.

(2)           Material incorporated by reference in the Federal Register may be obtained electronically free of charge from the United States Environmental Protection Agency website at http://www.epa.gov/laws-regulations/regulations.

(3)           All material is available for inspection at the Department of Environmental Quality, Hazardous Waste Section, 217 West Jones Street, Raleigh, NC and at https://deq.nc.gov/about/divisions/waste-management/hw/rules.

History Note:        Authority G.S. 130A‑294(c);

Eff. September 1, 1979;

Amended Eff. June 1, 1989; June 1, 1988; August 1, 1987; May 1, 1987;

Transferred and Recodified from 10 NCAC 10F .0001 Eff. April 4, 1990;

Amended Eff. October 1, 1993; April 1, 1993; October 1, 1992; December 1, 1991;

Recodified from 15A NCAC 13A .0001 Eff. December 20, 1996;

Amended Eff. July 1, 2016; August 1, 2004; August 1, 2000; August 1, 1998; August 1, 1997;

Temporary Amendment Eff. May 30, 2017 (replaced by the rule effective March 1, 2018);

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017;

Amended Eff. July 1, 2020; March 1, 2018.