North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0116 - COMMERCIAL HAZARDOUS WASTE FACILITY SCORING FOR CATEGORY DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department shall evaluate all
				  commercial hazardous waste facilities to determine a score for each facility in
				  accordance with Paragraph (c) of this Rule.
(b) A commercial hazardous waste facility
				  (other than an incinerator or a land disposal facility) with a volume of waste
				  of 20,000 tons or less per year of hazardous waste and having a total score
				  pursuant to Paragraph (c) of this Rule of equal to or less than 40 is
				  designated as a "special purpose commercial hazardous waste facility." These
				  facilities shall be classified as follows:
Total Score
Category
1-11
1
Greater than 11-18
2
Greater than 18-25
3
Greater than 25-32
4
Greater than 32-40
5
(c) A score for each facility shall be
				  determined by adding the total score for Paragraphs (d) through (k) of this
				  Rule and subtracting the score for Paragraph (l) of this Rule.
(d) A score shall be assigned for size of the
				  facility by adding the applicable score for storage and the applicable score
				  for treatment using Table 1.
TABLE 1
Size of Facility
Constructed Capacity
Score
Storage:
Less than 10,000
1
(gallons)
10,000-100,000
2
Greater than 100,000
3
Treatment:
Less than 10,000
1
(gallons per day)
10,000-100,000
2
Greater than 100,000
3
(e)
				  A score shall be assigned for type of treatment permitted by adding the score
				  for each type of treatment being performed by the facility using Table 2.
TABLE 2
Type of Treatment Being Performed
Score
Storage Only
1
Solvent Recovery
2
Metal Recovery
2
Energy Recovery
2
Fuel Blending
2
Aqueous Treatment
3
Stabilization
2
Incineration
5
Residuals Management
5
Other Treatment
2
(f) A score shall be assigned for the nature
				  of hazardous waste being treated or stored by adding the score for each type of
				  waste managed at the facility using Table 3. However, if the facility is
				  permitted for storage only and no treatment is performed, the score for the
				  nature of hazardous waste shall be reduced by one-half for each hazardous waste
				  stream stored only.
TABLE 3
Nature of Hazardous Waste
(from Annual Report as listed in the
								  Permit)
Score
Corrosive
1
Ignitable
2
Reactive
3
Toxicity Characteristic
2
Listed Toxic
2
Acute
3
(g)
				  A score shall be assigned for volume of hazardous waste by using the applicable
				  score in Table 4.
TABLE 4
Volume of Waste (Tons from Annual
								  Report)
Score
Less than 2,000
1
2,000-10,000
2
10,000-20,000
3
(h)
				  A score shall be assigned for uniformity, similarity, and lack of diversity of
				  waste streams by using the applicable score in Table 5.
TABLE 5
Uniformity, Similarity, Lack of Diversity of
								  Waste Streams (Number of EPA Waste Codes)
As Listed in the Permit
Score
Less than 5
1
5-75
2
Greater than 75
3
(i)
				  A score shall be assigned for predictability and treatability of site specific
				  waste streams by using the applicable score in Table 6.
TABLE 6
Predictability and Treatability of Waste
								  Streams
Score
Simple Waste Streams and
								  Treatment
1
Complex Waste Streams and Treatment
(Incompatibles, highly toxic, or multicoded
								  waste streams).
2
(j) A score shall be assigned for compliance
				  history for the past two years by using the highest applicable score in Table
				  7.
TABLE 7
Compliance History for Past Two
								  Years
Score
Class II Violations
1
Class I Violations
2
Penalties
3
Injunctions
5
(k)
				  A score shall be assigned for annual changes, which increase or decrease
				  "sensitive land use" within a ¼ mile radius of the commercial hazardous
				  waste facility's property boundary by using the applicable score in Table 8.
				  Each score shall be added together.
TABLE 8
Changes in "sensitive land use"
Score
Increases
Greater than 5 percent . less than 10 percent
								  increase in the number of residential housing units as compared to the
								  baseline.
1
Greater than or equal to 10 percent increase in
								  the number of residential housing units as compared to the baseline, or 30
								  percent increase in the number of total sensitive land uses over a period of
								  the previous four years.
2
Greater than 50 percent increase in the number of
								  non-residential sensitive land uses as compared to the
								  baseline.
1
Decreases
Greater than 5 percent . less than 10 percent
								  decrease in the number of residential housing units as compared to the
								  baseline.
-1
Greater than or equal to 10 percent decrease in
								  the number of residential housing units as compared to the baseline, or 30
								  percent decrease in the number of total sensitive land uses over a period of
								  the previous four years.
-2
Greater than 50 percent decrease in the number of
								  non-residential sensitive land uses as compared to the
								  baseline.
-1
"Sensitive land use," as defined in
					 G.S.
					 130A-295.01(f), includes
					 residential housing, places of assembly, places of worship, schools, day care
					 providers, and hospitals. Sensitive land use does not include retail
					 businesses.
"Baseline" means:
(1) for existing "Special Purpose Commercial
				  Hazardous Waste Facilities" as the January 2008 data collected from the local
				  government that has planning jurisdiction over the site on which the facility
				  is located; and
(2) for new
				  "Special Purpose Commercial Hazardous Waste Facilities" as the data from the
				  local government that has planning jurisdiction over the site on which the
				  facility is located collected in the year in which the facility permit is first
				  issued.