Land Protection Branch Mark Smith Chief Mark Smithgaepd

Land Protection Branch Mark Smith, Chief Mark. Smith@gaepd. org

Land Protection Branch • Branch Status • 2011 Legislation • Upcoming Rulemaking – Hazardous Waste Management • VRP Update

Branch Status - People Overall staffing down 20% State superfund, solid waste down 35% Surface mining down 50% Lead-based paint: 3 of the 6 inspectors assigned to underground storage tanks • Asbestos enforcement performed by U. S. EPA • •

Branch Status – Trust Funds • Solid Waste Trust Fund – 2010 fees collected - $6, 300, 852 – 2011 appropriation - $0 • Hazardous Waste Trust Fund – 2010 fees collected - $17, 040, 195 – 2011 appropriation - $2, 979, 567

2011 Legislation – HB 274 • Allow yard trimmings in lined landfills with gas collection for energy production • Provide a 75 cents per ton credit against landfill surcharge for recycling at construction/demolition waste landfills • Extend collection of the $1. 00 tire fee from 2011 through 2014

2011 Legislation - HR 112 and HR 585 • Constitutional amendment to allow dedication of fees for solid waste and hazardous waste trust funds • Passage would add amendment question to ballot for November 2012 • Legislature would still need to take action in 2013 to dedicate fees

2011 Legislation – SB 211 • Restores critical enforcement authority for lead-based paint program • Enacted in 1994, but deleted in 2010 while updating statute for renovation, repair, and painting program • Authority must be restored to gain program authorization and avoid dual regulation by EPA and EPD

Legislation 2011 – SB 110 • Removes restriction on source of municipal solid waste for landfills located in significant groundwater recharge areas • 1995 federal court injunction prevents EPD from enforcing statute • No impact on requirements for liners or other environmental requirements

Haz. Waste Rulemaking • DNR Board briefing planned for September 2011 • DNR Board action planned for December 2011 • Purpose is to update federal regulatory changes since 2008 – Changes to be considered listed by Federal Register date:

Haz. Waste Rulemaking • April 8, 2008 – NESHAP and HAP for hazardous waste combustors • June 4, 2008 – F 019 listing exemption for sludge from zinc phosphating (autos) • October 30, 2008 – New definition of solid waste (still under review at EPA) • December 1, 2008 – Alternate generator requirements for academic laboratories

Haz. Waste Rulemaking • May 14, 2009 – Termination of National Environmental Performance Track Program • June 28, 2009 – EPA name change from OSW to Office of Resource Conservation and Recovery • January 8, 2010 – Shipment of waste between OECD countries • March 18, 2010 – Technical corrections and clarifications

Haz. Waste Rulemaking • June 4, 2010 - Corrections to March 18 corrections • June 15, 2010 - Withdrawal of emissioncomparable fuel exclusion • December 10, 2010 - UIC of carbon dioxide for geologic sequestration

Haz. Waste Rulemaking • December 17, 2010 - Removal of U 202 listing: saccharin and saccharin salts • December 20, 2010 - Corrections to Subpart K regarding academic laboratories

Georgia Voluntary Remediation Program Act • Purpose – To provide for the voluntary and timely investigation and remediation of contaminated sites and to ensure the costeffective allocation of limited resources

Milestones • Georgia Voluntary Remediation Program Act (VRPA) became law on June 1, 2009 • Applications accepted starting Jan 1, 2010 • Revised application posted April 1, 2010 • VRPA Amendments became law on June 1, 2010

Application • Application Form and $5, 000 • Graphic 3 -D preliminary conceptual site model using all current information to illustrate: – – – surface and subsurface setting known or suspected source(s) of contamination how contamination might move within the environment potential human health and ecological receptors complete or incomplete exposure pathways that may exist • Preliminary remediation plan • Table of delineation standards

Participation Deadlines • Complete horizontal delineation on enrolled property within 12 months • Off-site horizontal delineation within 24 months • Vertical delineation and final remediation plan within 30 months • Final compliance status report within 60 months

VRP Status – March 2011 • 33 applications received – 45 individual properties • 13 applications approved • 1 compliance status report approved

EPD Oversight • No longer waiting on EPD to respond to submittals • Cleanup process managed by “environmental professional” and client • No longer have to come into the office to review VRP applications and EPD determination – Greater transparency

EPD’s web page

Hazardous Waste

Voluntary Remediation Plans

Environmental Covenant

Frequently Asked Questions

Current Issues • Invoicing for costs exceeding $5000 application fee • Resolving violations to enable participation • Improving Conceptual Site Models • Vapor intrusion pathway • Promulgate regulations as needed

Save the Date! July 19, 2011 2 nd Annual VRP Workshop AGL Resources - Atlanta