Transcript Voluntary Remediation Program

Land Protection Branch
Mark Smith, Chief
[email protected]
Land Protection Branch
• Branch Status
• 2011 Legislation
• Upcoming Rulemaking
– Hazardous Waste Management
• VRP Update
Branch Status - People
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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 – 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
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 – 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
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 U202 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:
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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
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VRP Applications Received
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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
2nd Annual VRP Workshop
AGL Resources - Atlanta