Land Branch Update Jeff Cown Branch Chief Land

Land Branch Update Jeff Cown Branch Chief, Land Branch, EPD GIEC Annual General Membership Meeting November 14, 2016

OVERVIEW • • Recently Adopted Regulations Proposed Regulations On the Horizon Questions

DEFINITION OF SOLID WASTECHAPTER 391 -3 -11 • Adopted by the DNR Board May 24, 2016 • Main Features: • Retaining generator-controlled exclusions with strengthened requirements. • Replacing transfer-based exclusion with verified recycler exclusion. • Codifying definition of legitimate recycling with built-in recognition for closed-loop recycling and commoditygrade materials. • Finalizing remanufacturing exclusion for certain highervalue spent solvents. • Strengthening existing variance and non-waste determination provisions. 3

YARD TRIMMINGS CHAPTER 391 -3 -4 Under existing Rules, the options are limited in rural counties for disposal of leaf, limb and other debris accumulated from roadway maintenance. • Adopted by the DNR Board August 31, 2016 • Main Features • A revision to the recovered materials portion of the rule to allow for more flexibility when storing materials that will be recycled or reused; and • The addition of a new category of landfill to accept yard trimmings from maintenance activities in rural counties.

COAL COMBUSTION ASH (CCR) – CHAPTER 391 -3 -4 • Adopted by the DNR Board October 26, 2106 • Main Features: • • • Adopt EPA’s CCR Rule by reference Include MSWL in the regulatory scheme if they accept CCR : additional monitoring, a CCR Management Plan, and notification to the host/local government. Require Financial Assurance for all CCR Units at Electric Utilities. Require regulation of all Inactive Units at Electric Utilities, including groundwater monitoring. Require that all CCR units at Electric Utilities have a solid waste handling permit. Reflect amendments to the Comprehensive Solid Waste Management Act that require the owner or operator of a Municipal Solid Waste Landfill (MSWL) to notify the local government of a release. 5

CCR- OVERVIEW

PROPOSED RULES FOR 2017 • Update to Hazardous Waste Management Rules to remain current on our RCRA delegation and include the federal Generator Improvement Rule • Update to Hazardous Sites Response Act (HSRA) Rules to update default values • New Underground Storage Tank Rules to meet federal upgrades

ON THE HORIZON • LEMIR/ GEOS • Scrap Tire • UST • Brownfield • Risk Reduction • UST, HSRA

ON THE HORIZON Risk Assessment • November 2015: Convened a branch wide Risk Assessment work group to identify problems, inconsistencies and solutions in risk assessment; • Recommendations from that group included: o Revision/Update of the Solid Waste Management Unit Guidance o Revisions/Update to the HSRA NC tables and default risk calculations o Revisions/Update of the RQSM Scoring Criteria (updated to current values) *( completed April 1, 2016) o Adopting and implementing risk assessment software for UST and RCRA*(completed/in progress) o Discussing risk assessment with EPA to move forward with a more cohesive analysis across programs * (completed) Risk Assessment-Upcoming Changes • Finalize SWMU guidance o Anticipate opportunities for stakeholder involvement in 2017 • Revise and draft new HSRA regulations to update default values o Anticipate rule change, stakeholder involvement in early-mid 2017

QUESTIONS/TOPICS • Update on finalizing and implementing Georgia solid waste regulations for coal combustion residuals via a state permit program (i. e. , Georgia Coal Ash Rule) • Coal Ash Opposition to landfill in Southeast Georgia • Update on the status of EPD’s internal efforts to make more efficient and harmonize the different programs within the LPB • Dry Cleaner Program – Given that a significant number of HSRA sites are dry cleaners, it seems that the state could benefit from creating a separate dry cleaner program that could be funded with a tax on current dry cleaners not dissimilar to other state programs. What is EPD’s leadership’s current thinking on this? • We’ve heard EPD state that there is an internal effort underway to make cleanup criteria across all LPB programs (e. g. , UST, VRP, HSRA) more consistent. GIEC would like to know when we can be expected to be invited to participate in that effort. • With respect to “technical impracticability” (TI) and the opportunity to rely on current science to justify leaving free product in place (e. g. , ITRC LNAPL tools; DNAPL Natural Source Zone Depletion), would EPD consider drafting guidance that would allow TI waivers so long as PRP meets or exceeds certain criteria

Jeff Cown, Chief Environmental Protection Division Land Protection Branch Towers – (404) 463 -8509 Tradeport – (404) 362 -2566 jeff. cown@dnr. ga. gov