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Land Protection Branch

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%

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Land Protection Branch

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

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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. Legislation 2011 – SB110 • 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

  9. 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:

  10. Haz. Waste Rulemaking • April 8, 2008 – NESHAP and HAP for hazardous waste combustors • June 4, 2008 – F019 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

  11. 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

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

  13. Haz. Waste Rulemaking • December 17, 2010 - Removal of U202 listing: saccharin and saccharin salts • December 20, 2010 - Corrections to Subpart K regarding academic laboratories

  14. Georgia Voluntary Remediation Program Act • Purpose • To provide for the voluntary and timely investigation and remediation of contaminated sites and to ensure the cost-effective allocation of limited resources

  15. 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

  16. 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

  17. 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

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

  19. 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

  20. EPD’s web page

  21. Hazardous Waste

  22. Voluntary Remediation Plans

  23. Environmental Covenant

  24. Frequently Asked Questions

  25. 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

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

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