Approval of Changes To Georgia Hazardous Waste Rules

Written By: Caltha LLP | Published On: 2nd May 2013 | Category: Waste | RSS Feed

The Environmental Protection Agency (EPA) has proposed final authorization of State Hazardous Waste Management Program Revisions submitted by the Geogia Environmental Protection Division. Georgia applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA determined that these changes satisfy all requirements needed to qualify for final authorization. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Georgia’s changes to its hazardous waste program will take effect on July 1, 2013.

In 2007 and 2008, Georgia submitted final complete program revision applications, seeking authorization of its changes in accordance with 40 CFR 271.21. EPA has determined there are no State requirements in this program revision considered to be more stringent or broader in scope than the Federal requirements.
While Georgia has adopted the necessary regulations to receive authorization for the Uniform Hazardous Waste Manifest Rule, EPA cannot delegate the Federal manifest registry functions or the export or import provisions. As a result, EPA will continue to implement these requirements. Similarly, EPA cannot delegate the Federal requirements at 40 CFR 261.39(a)(5), 261.40 and 261.41 contained in the Cathode Ray Tubes Rule. While Georgia has properly adopted these requirements by reference at Georgia Hazardous Waste Management Rule 391-3-11-.07(1), EPA will continue to implement these requirements.

Georgia will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which EPA issued prior to the effective date of the authorization until they expire or are terminated. EPA will not issue any more permits or new portions of permits for the provisions listed in the authorization after the effective date. EPA will continue to implement and issue permits for HSWA requirements for which Georgia is not authorized.

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