State of Georgia Hazardous Waste Update

August 2008

2008 Hazardous Waste Changes

2008 Amendments to the Georgia Rules for Hazardous Waste Management

2008 Legislation impacting Hazardous Waste Management in Georgia

Hazardous Waste Management Rules

The 2008 amendments to the Georgia Rules for Hazardous Waste Management were necessary to maintain delegated authority from the US Environmental Protection Agency to regulate hazardous waste in Georgia.

Resource Conservation and Recovery Act (RCRA) Federal Primacy

For a state program to receive federal primacy, the Resource Conservation and Recovery Act (RCRA) requires the program to be "equivalent to, no less stringent than, and consistent with" the federal program

8 Federal Regulations were adopted in order to remain consistent

Wastewater Treatment Exemptions for Hazardous Waste Mixtures

Adds two additional solvents to list of solvents exempted when mixed with wastewaters (benzene and 2-ethoxyethanol)

Standards for Hazardous Air Pollutants

Finalizes standards for controlling emissions of hazardous air pollutants (HAP) from hazardous waste combustors

Requires hazardous waste combustors to meet HAP emission standards

Modification of the Hazardous Waste Program

Amends regulations to streamline management requirements for recycling of used cathode ray tubes (CRT)

Excludes these materials from the RCRA definition of solid waste if certain conditions are met

Encourages recycling and reuse of used CRTs and CRT glass

Regulation of Oil-Bearing Hazardous Secondary Material

Amends an existing exclusion from the definition of solid waste for oil-bearing hazardous secondary materials

These wastes are excluded only when processed in a gasification system

Must be for the production of synthesis gas

Corrections and Omissions

Several of the Federal Regulations corrected typographical errors and omissions throughout pertinent sections

Comparable sections of the Hazardous Waste Regulations were amended to reflect those changes

2008 State Legislation

HB 989 – Fiscal Year 2008 Supplemental Budget– $6.3 Million for Hazardous Waste Trust Fund– Signed by Governor

HB 990 – Fiscal Year 2009 Budget– $7.6 Million for Hazardous Waste Trust Fund– 4% or greater cut being considered

Focus on Local Government Reimbursements for Landfill Cleanups

2008 Legislation

HB 1132 – Uniform Environmental Covenants Act– Allows for permanent covenants restricting use

of contaminated land– Enforceable by sellers, owners, and EPD– Authorizes DNR Board to establish rules and

fee program for implementation– Signed by Governor

2008 Legislation

SR 996 – School Taxes & Redevelopment – Response to Supreme Court decision

regarding funding for Atlanta Beltline– Seeks authorization to use property taxes

assessed for schools to fund redevelopment in approved Tax Allocation Districts

– Approved by House & Senate– Referendum for constitutional amendment will

appear on future state-wide ballot

2008 Legislation

HR 1881 – Dry-Cleaning Solvents Study Committee – Authorizes House Study Committee to

evaluate need for a drycleaner-specific remediation program

– Typical programs involve trust funds financed by annual registration and solvent fees

– Report and recommendations on proposed legislation due by December 1, 2008