Georgia: Approval of State Coal Combustion Residuals Permit Program, 30977-30982 [2019-13907]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
3. Environmental justice. EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low-income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. To help
address potential environmental justice
issues, the Agency seeks information on
any groups or segments of the
population who, as a result of their
location, cultural practices, or other
factors, may have atypical or
disproportionately high and adverse
human health impacts or environmental
effects from exposure to the pesticides
discussed in this document, compared
to the general population.
II. What action is the Agency taking?
EPA is announcing its receipt of
several pesticide petitions filed under
section 408 of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C.
346a, requesting the establishment or
modification of regulations in 40 CFR
part 174 or 180 for residues of pesticide
chemicals in or on various food
commodities. The Agency is taking
public comment on the requests before
responding to the petitioners. EPA is not
proposing any particular action at this
time. EPA has determined that the
pesticide petitions described in this
document contain data or information
prescribed in FFDCA section 408(d)(2),
21 U.S.C. 346a(d)(2); however, EPA has
not fully evaluated the sufficiency of the
submitted data at this time or whether
the data support granting of the
pesticide petitions. After considering
the public comments, EPA intends to
evaluate whether and what action may
be warranted. Additional data may be
needed before EPA can make a final
determination on these pesticide
petitions.
Pursuant to 40 CFR 180.7(f), a
summary of each of the petitions that
are the subject of this document,
prepared by the petitioner, is included
in a docket EPA has created for each
rulemaking. The docket for each of the
petitions is available at https://
www.regulations.gov.
As specified in FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), EPA is
publishing notice of the petitions so that
VerDate Sep<11>2014
16:43 Jun 27, 2019
Jkt 247001
30977
the public has an opportunity to
comment on these requests for the
establishment or modification of
regulations for residues of pesticides in
or on food commodities. Further
information on the petitions may be
obtained through the petition
summaries referenced in this unit.
Dated: June 12, 2019.
Delores Barber,
Director, Information Technology and
Resources Management Division, Office of
Pesticide Programs.
Amended Tolerance Exemptions for
Non-Inerts (Except PIPS)
ENVIRONMENTAL PROTECTION
AGENCY
PP 9G8741. (EPA–HQ–OPP–2019–
0182). Southern Gardens Citrus Nursery,
LLC, 1820 County Rd. 833, Clewiston,
FL 33440, requests to amend a
temporary exemption from the
requirement of a tolerance in 40 CFR
180.1337 for residues of the microbial
pesticide Citrus tristeza virus expressing
spinach defensin proteins 2, 7, and 8 in
or on the commodities listed in fruit,
citrus group 10–10 by extending the
expiration date from August 31, 2020, to
August 31, 2023. The petitioner believes
no analytical method is needed because
it is not practical, and there is no need
for removal of residues of Citrus tristeza
virus or residues of spinach defensin
proteins 2, 7, and 8 from citrus tissues
and commodities, as a continued
exemption from the requirement of a
tolerance at 40 CFR 180.1337 is
requested for these proteins when
expressed in citrus. Contact: BPPD.
40 CFR Part 257
New Tolerance Exemptions for PIPS
PP 8F8722. (EPA–HQ–OPP–2019–
0097). BASF Corporation, 26 Davis Dr.,
Research Triangle Park, NC 27709,
requests to establish an exemption from
the requirement of a tolerance in 40 CFR
part 174 for residues of the plantincorporated protectant (PIP) Bacillus
thuringiensis Cry14Ab-1 protein in
soybean. An analytical method utilizing
ELISA and an independent laboratory
validation of the method were
submitted to EPA for the detection and
measurement of the pesticide residues.
Contact: BPPD.
New Tolerances for Non-Inerts
PP 9F8758. (EPA–HQ–OPP–2019–
0297). Taminco US LLC, a subsidiary of
Eastman Chemical Company, 200 S
Wilcox Drive, Kingsport, TN 37660–
5147, requests to amend the tolerance in
40 CFR 180.698 for residues of the plant
regulator, chlormequat chloride in or on
the raw agricultural commodity oat
grain at 30.0 parts per million
(ppm).The LC–MS/MS method is used
to measure and evaluate the chemical
chlormequat chloride. Contact: RD.
Authority: 21 U.S.C. 346a.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
[FR Doc. 2019–13774 Filed 6–27–19; 8:45 am]
BILLING CODE 6560–50–P
[EPA–HQ–OLEM–2018–0533; FRL–9995–
82–OLEM]
Georgia: Approval of State Coal
Combustion Residuals Permit Program
Environmental Protection
Agency (EPA).
ACTION: Announcment of availability;
request for comment.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or the Act), the Environmental
Protection Agency (EPA) is proposing to
partially approve the Georgia Coal
Combustion Residuals (CCR) state
permit program. After reviewing the
state permit program application,
submitted by the Georgia Environmental
Protection Division (GA EPD), EPA has
preliminarily determined that Georgia’s
CCR state permit program meets the
standard for partial approval under
RCRA. If approved, Georgia’s CCR state
permit program will operate in lieu of
the Federal CCR program, with the
exception of certain provisions noted
below. The State’s CCR state permit
program requirements and resulting
permit provisions will also be subject to
EPA’s information gathering and
enforcement authorities under RCRA
and other applicable statutory and
regulatory provisions as discussed
below. This document announces that
EPA is seeking comment on this
proposal during a 60-day public
comment period and will be holding a
public hearing on EPA’s preliminary
approval of Georgia’s CCR state
permitting program.
DATES: Comments must be received on
or before August 27, 2019. Public
Hearing: A public hearing will be held
on August 6, 2019, 8 a.m. to 5:30 p.m.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OLEM–2018–0533. All
documents in the docket are listed in
the https://www.regulations.gov index.
Publicly available docket materials are
available either electronically at https://
www.regulations.gov or in hard copy at
the EPA Docket Center. The Public
Reading Room is open from 8:30 a.m. to
SUMMARY:
E:\FR\FM\28JNP1.SGM
28JNP1
khammond on DSKBBV9HB2PROD with PROPOSALS
30978
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Proposed Rules
4:30 p.m., Monday through Friday,
excluding holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the EPA Docket Center is
(202) 566–1742. You may send
comments, identified by Docket ID. No.
EPA–HQ–2018–0533, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• U.S. Environmental Protection
Agency, EPA Docket Center, Docket No.
EPA–HQ–OLEM–2018–0533, Mail Code
28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460.
• Hand Delivery/Courier: EPA Docket
Center, WJC West Building, Room 3334,
1301 Constitution Avenue NW,
Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
The public hearing will be held at GA
EPD Tradeport Training Room located at
4244 International Parkway, Suite 116,
Atlanta, GA 30354–3906. The hearing
will convene at 8:00 a.m. local time and
conclude at 5:30 p.m. (local time). For
additional information on the public
hearing see the ‘‘Public Participation’’
heading of the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
Michelle Long, Office of Resource
Conservation and Recovery, Materials
Recovery and Waste Management
Division, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW, MC: 5304P, Washington, DC 20460;
telephone number: (703) 347–8943;
email address: Long.Michelle@epa.gov.
For more information on this
announcement please visit https://
www.epa.gov/coalash.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the U.S. EPA.
I. Public Participation
A. Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–OLEM–2018–
0533, at https://www.regulations.gov
VerDate Sep<11>2014
16:43 Jun 27, 2019
Jkt 247001
(our preferred method), or the other
methods identified in the ADDRESSES
section. Once submitted, comments
cannot be edited or removed from the
docket. The EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
B. Public Hearing
EPA will hold the public hearing at
the GA EPD Tradeport Training Room
located at 4244 International Parkway,
Suite 116, Atlanta, GA 30354–3906, on
August 6, 2019, from 8 a.m. through
5:30 p.m. EPA will begin pre-registering
speakers for the hearing upon
publication of this document in the
Federal Register. To register to speak at
the hearing, please use the online
registration form available at https://
www.epa.gov/coalash/forms/publichearing-georgias-coal-combustionresiduals-permit-program. The last day
to pre-register to speak at the hearing
will be July 31, 2019. On August 2,
2019, the EPA will post a general
agenda for the hearing at https://
www.epa.gov/coalash/forms/publichearing-georgias-coal-combustionresiduals-permit-program.
EPA will make every effort to follow
the schedule as closely as possible on
the day of the hearing; however, please
plan for the hearing to run either ahead
of schedule or behind schedule.
Additionally, requests to speak will be
taken the day of the hearing at the
hearing registration desk. The EPA will
make every effort to accommodate all
speakers who arrive and register,
although preferences on speaking times
may not be able to be fulfilled.
Each commenter will have five (5)
minutes to provide oral testimony. The
EPA encourages commenters to provide
the EPA with a copy of their oral
testimony electronically (via email) or
in hard copy form. If EPA is anticipating
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
a high attendance, the time allotment
per testimony may be shortened to no
shorter than three (3) minutes in order
to accommodate all those wishing to
provide testimony who have preregistered. While EPA will make every
effort to accommodate all speakers who
arrive and register the day of the
hearing, opportunities to speak may be
limited based upon the number of
preregistered speakers. Therefore, EPA
strongly encourages anyone wishing to
speak to preregister.
The EPA may ask clarifying questions
during the oral presentations but will
not respond to the presentations at that
time. Written statements and supporting
information submitted during the
comment period will be considered
with the same weight as oral comments
and supporting information presented at
the public hearing. Verbatim transcripts
of the hearing and written statements
will be included in the docket for the
rulemaking.
Please note that any updates made to
any aspect of the hearing will be posted
online at https://www.epa.gov/coalash/
forms/public-hearing-georgias-coalcombustion-residuals-permit-program.
While the EPA expects the hearing to go
forward as set forth above, please
monitor our website to determine if
there are any updates. The EPA does not
intend to publish a document in the
Federal Register announcing updates.
If you require the service of a
translator or special accommodations
such as audio description, please preregister for the hearing and describe
your needs by July 30, 2019. We will not
be able to arrange accommodations
without advanced notice.
II. General Information
A. Overview of Proposed Action
EPA is proposing to approve Georgia’s
CCR state permit program, in part,
pursuant to RCRA 4005(d)(1)(B). 42
U.S.C. 6945(d)(1)(B). The fact that
Georgia is seeking a partial program
approval does not mean it must
subsequently apply for a full program
approval. However, Georgia could apply
for a revised partial program approval or
a full program approval at some point in
the future if it chooses to do so. If
approved, Georgia’s CCR state permit
program would operate in lieu of the
Federal CCR program, codified at 40
CFR part 257, subpart D,1 with the
exception of the provisions specifically
identified below for which the state is
not seeking approval. However, even for
the approved provisions, EPA would
1 Unless otherwise specified, all references to part
257 and part 239 in this document are to title 40
of the Code of Federal Regulations (CFR).
E:\FR\FM\28JNP1.SGM
28JNP1
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Proposed Rules
retain its inspection and enforcement
authorities under RCRA sections 3007
and 3008, 42 U.S.C. 6927 and 6928. See
42 U.S.C. 6945(d)(4)(B).
There are no federally recognized
tribes within the State of Georgia, nor
any federally recognized tribal lands/
reservations adjacent to Georgia’s
boundaries with neighboring states.
Thus, EPA has not consulted with any
Federal tribes in connection with this
proposed Action.
khammond on DSKBBV9HB2PROD with PROPOSALS
B. Background
CCR are generated from the
combustion of coal, including solid
fuels classified as anthracite,
bituminous, subbituminous, and lignite,
for the purpose of generating steam to
power a generator to produce electricity
or electricity and other thermal energy
by electric utilities and independent
power producers. CCR, commonly
known as coal ash, include fly ash,
bottom ash, boiler slag, and flue gas
desulfurization materials. CCR can be
sent offsite for disposal, or beneficial
use, or disposed in on-site landfills or
surface impoundments.
On April 17, 2015, EPA published a
final rule, creating 40 CFR part 257,
subpart D, that established a
comprehensive set of minimum Federal
requirements for the disposal of CCR in
landfills and surface impoundments (80
FR 21302, April 17, 2015) (‘‘Federal
CCR regulations’’). The rule created a
self-implementing program which
regulates the location, design, operating
criteria, and groundwater monitoring
and corrective action for CCR disposal,
as well as the closure and post-closure
care of CCR units. It also requires
recordkeeping and notifications for CCR
units. The Federal CCR regulations do
not apply to activities that meet the
definition of ‘‘beneficial use’’ of CCR, as
that term is defined in § 257.53.
C. Statutory Authority
EPA is issuing this proposed action
pursuant to sections 4005(d) and
7004(b)(1) of RCRA. See 42 U.S.C.
6945(d) and 6974(b)(1). Section 2301 of
the 2016 Water Infrastructure
Improvements for the Nation (WIIN) Act
amended section 4005 of RCRA,
creating a new subsection (d) that
establishes a Federal permitting
program similar to those under RCRA
subtitle C and other environmental
statutes. See 42 U.S.C. 6945(d). Under
the WIIN Act, states may develop and
submit an application for a state CCR
permit program to EPA for approval.
Under RCRA section 4005(d)(1)(A), 42
U.S.C. 6945(d)(1)(A), states seeking
approval must submit to the
Administrator ‘‘evidence of a permit
VerDate Sep<11>2014
16:43 Jun 27, 2019
Jkt 247001
program or other system of prior
approval and conditions under State
law for regulation by the State of coal
combustion residuals units that are
located in the State.’’ EPA shall approve
a state permit program if the
Administrator determines that the state
program meets the standard in RCRA
section 4005(d)(1)(B), 42 U.S.C.
6945(d)(1)(B), i.e., that it will require
each CCR unit located in the state to
achieve compliance with either: (1) The
Federal CCR requirements at 40 CFR
part 257, subpart D; or (2) other state
criteria that the Administrator, after
consultation with the state, determines
to be ‘‘at least as protective as’’ the
Federal requirements. See 42 U.S.C.
6945(d)(1)(B). The Administrator must
make a final determination, after
providing for public notice and an
opportunity for public comment, within
180 days of receiving a state’s complete
submittal of the information in RCRA
section 4005(d)(1)(A). See 42 U.S.C.
6945(d)(1)(B). EPA may approve a CCR
state permit program in whole or in
part. Id. Once approved, the state permit
program operates in lieu of the Federal
requirements. See 42 U.S.C.
6945(d)(1)(A). In a state with partial
approval, only the state requirements
that have been approved operate in lieu
of the Federal requirements, and
facilities remain responsible for
compliance with all remaining
requirements in 40 CFR part 257.
Once a program is approved, the
Administrator must review the
approved CCR state permit program at
least once every 12 years, as well as no
later than three years after a revision to
an applicable section of 40 CFR part
257, subpart D, or one year after any
unauthorized significant release from a
CCR unit located in the state. See 42
U.S.C. 6945(d)(1)(D)(i)(I)–(III). EPA also
must review an approved program at the
request of another state alleging that the
soil, groundwater, or surface water of
the requesting state is or is likely to be
adversely affected by a release from a
CCR unit in the approved state. See 42
U.S.C. 6945(d)(1)(D)(i)(IV).
In a state with an approved CCR state
permit program, EPA may commence
administrative or judicial enforcement
actions under section 3008 of RCRA, 42
U.S.C. 6928, if the state requests
assistance or if EPA determines that an
EPA enforcement action is likely to be
necessary to ensure that a CCR unit is
operating in accordance with the criteria
of the state’s permit program. See 42
U.S.C. 6945(d)(4). EPA may also
exercise its inspection and information
gathering authorities under section 3007
of RCRA, 42 U.S.C. 6927.
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
30979
II. Georgia’s Application
On April 13, 2018, Georgia EPD
submitted its initial CCR State Permit
Program application to EPA Region 4.
After receiving comments from EPA,
Georgia provided revisions to its 2018
application on March 6, 2019 and May
23, 2019. In its February 27, 2019,
revised cover letter, Georgia requested
partial approval of the State’s CCR
permit program.2 EPA determined that
Georgia’s State CCR Permit Program
Application was complete and notified
Georgia of its determination by letter
dated June 19, 2019. Georgia’s
application and EPA’s completeness
determination letter are available in the
docket supporting this preliminary
determination.
Georgia’s CCR Permit Program is
codified at Ga. Comp. R. and Regs. 391–
3–4–.10, which adopts by reference
nearly all of the technical criteria
contained in 40 CFR part 257, subpart
D.3 Georgia’s CCR Rule is included in
Appendix C of Georgia’s application
and is available in the docket
supporting this preliminary
determination. Georgia’s CCR Permit
Program covers a broader universe of
CCR units than are covered under the
Federal CCR regulations. While
Georgia’s general applicability section
mirrors that of the Federal CCR
regulations (See Ga. Comp. R. and Regs.
391–3–4–.10(1)(a)1. and 40 CFR
257.50(b)), and the State’s definition of
‘‘CCR Unit’’ matches the Federal
definition (See Ga. Comp. R. and Regs.
391–3–4–.01(11) and 40 CFR 257.53),
the Georgia CCR regulation defines
‘‘CCR Landfills’’ and ‘‘CCR Surface
Impoundments’’ differently.
Specifically, the State’s definitions for
these units include dewatered surface
impoundments, National Pollutant
Discharge Elimination System (NPDES)CCR surface impoundments (inactive,
but not dewatered, surface
impoundments at inactive facilities),
and inactive CCR landfills. See Ga.
Comp. R. and Regs. 391–3–4–.01(9) and
(10). These units are, in turn, defined at
Ga. Comp. R. and Regs. 391–3–4–
.10(2)(a)1.–3. These types of CCR units
are not covered by the Federal CCR
regulations. See 40 CFR 257.50(d) and
2 The revised narrative application, dated May 22,
2019, shall be substituted for the original narrative,
dated March 19, 2018, and the addendum to the
part 257 Checklist for CCR Surface Impoundments
and CCR Landfills, submitted on March 6, 2019,
shall be added to the part 257 Checklist provided
with the original submission in the 2018
Application. All other documents submitted as part
of the 2018 Application remain unchanged.
3 The Georgia CCR Rule adopts 80 FR 21468
(April 17, 2015), as amended at 80 FR 37988 (July
2, 2015) and 81 FR 51807 (August 5, 2016). See Ga.
Comp. R. and Regs. 391–3–4–.10(1)(c).
E:\FR\FM\28JNP1.SGM
28JNP1
30980
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Proposed Rules
257.53. However, by regulating inactive
impoundments at inactive facilities,
Georgia’s CCR Permit Program aligns
with the U.S. Court of Appeals decision
in Utility Solid Waste Activities Group,
et al. v. EPA, 901 F.3d 414 (D.C. Cir.
2018), which vacated the exclusion from
the Federal regulations for inactive
impoundments at inactive facilities.
Since there are no Federal regulations
for inactive impoundments at inactive
facilities, EPA has no Federal criteria to
compare Georgia’s regulations on these
units to, which is why Georgia is not
seeking approval of that part of the
permit program. However, Georgia
intends to regulate inactive surface
impoundments at inactive facilities as
existing CCR units. Georgia’s CCR units
(existing landfills, active surface
impoundments, and inactive surface
impoundments at operating power
plants) will all be issued new permits
under Georgia’s CCR regulations.
Owners and operators of these units
submitted permit applications to
Georgia. The permits that will be issued
by the state are considered new permits
and thus Georgia will follow their
public participation procedures for CCR
units, detailed on page 14 of the
narrative in the Application. Georgia
CCR units are issued permits for the life
of the site, with a required review
(discussed on page 11 of the narrative)
every 5 years.
For more information on the specific
facilities covered by Georgia’s CCR
Permit Program, see the Technical
Support Document which is available in
the docket for this document.4
In addition to the technical criteria in
Ga. Comp. R. and Regs. 391–3–4–.10,
CCR units must comply with the
permitting requirements in Ga. Comp. R.
and Regs. 391–3–4–.10(9); the
procedural permitting requirements in
Ga. Comp. R. and Regs. 391–3–4–.02;
the financial assurance requirements in
Ga. Comp. R. and Regs. 391–3–4–.10(10)
and 391–3–4–.13; and the reporting
requirements in Ga. Comp. R. and Regs.
391–3–4–.17.
khammond on DSKBBV9HB2PROD with PROPOSALS
4 Georgia’s
application also includes some
discussion of Municipal Solid Waste Landfills
(MSWLs), including Commercial Industrial
Landfills (CILs), that dispose of CCR. While Georgia
permits these facilities through its MSWL
regulations, MSWLs disposing of CCR are exempted
from the requirements of 40 CFR 257 and are
outside the scope of the Federal CCR regulations
and the State’s CCR Permit Program. Georgia’s
discussion of these landfills and how it regulates
them is included in its application only to provide
a more inclusive description of CCR disposal
activities in Georgia.
VerDate Sep<11>2014
16:43 Jun 27, 2019
Jkt 247001
III. EPA Analysis of Georgia’s
Application
As discussed in Unit I.C. of this
document, RCRA section 4005(d)
requires EPA to evaluate two
components of a state program to
determine whether it meets the standard
for approval. First, EPA is to evaluate
the adequacy of the permit program
itself (or other system of prior approval
and conditions). See 42 U.S.C.
6945(d)(1)(A). Second, EPA is to
evaluate the adequacy of the technical
criteria that will be included in each
permit, to determine whether they are
the same as the Federal criteria, or to the
extent they differ, whether the modified
criteria are ‘‘at least as protective as’’ the
Federal requirements. See 42 U.S.C.
6945(d)(1)(B). Only if both components
meet the statutory requirements may
EPA approve the program. See 42 U.S.C.
6945(d)(1).
On that basis, EPA conducted an
analysis of Georgia’s State CCR Permit
Program Application, including a
thorough analysis of Ga. Comp. R. and
Regs. 391–3–4–.10 and its adoption by
reference of portions of 40 CFR part 257,
subpart D. As noted, Georgia has
requested partial program approval of
its CCR permit program. The Georgia
CCR Rule does not adopt by reference
40 CFR 257.52(b), which requires
compliance with the protections for
Threatened and Endangered Species
identified in 40 CFR 257.3–2.
Additionally, it adopts by reference
portions of the Federal CCR regulations
that have since been vacated by the U.S.
Court of Appeals in Utility Solid Waste
Activities Group, et al. v. EPA.5
Accordingly, Georgia is not seeking
approval for the following:
1. Requirements relevant to
Endangered Species in 40 CFR 257.3–2;
2. The exclusion of inactive
impoundments at inactive facilities at
40 CFR 257.50(e), but which has now
been vacated;
3. 40 CFR 257.101(a), which allows
unlined impoundments to continue
receiving coal ash unless they leak, and
which has since been vacated; and
5 See Utility Solid Waste Activities Group, et al.
v. EPA, No. 15–1219 (D.C. Circuit). On August 21,
2018, the United States Court of Appeals for the
District of Columbia Circuit vacated and remanded
the three provisions of the Federal CCR Rule: 40
CFR 257.101(a), which allowed unlined
impoundments to continue receiving coal ash
unless they leak; 40 CFR 257.71(a)(1)(i), which
classified ‘‘clay-lined’’ impoundments as lined; and
40 CFR 257.50(e), which exempted from regulation
inactive impoundments at inactive facilities.
Georgia adopts by reference 40 CFR 257.71(a)(1)(i)
and 40 CFR 257.101(a) at Ga. Comp. R. and Regs.
391–3–4–.10(c), two of the three provisions that
were vacated.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
4. 40 CFR 257.71(a)(1)(i), which
classifies ‘‘clay-lined’’ impoundments as
lined, which has since been vacated.
Based on this analysis, EPA has
preliminarily determined that the
portions of Georgia’s CCR state permit
program that have been submitted for
approval meet the standard in section
4005(d)(1)(A) and (B) of RCRA.
Georgia’s CCR permit program includes
all the elements of an adequate CCR
state permit program as discussed in
more detail below. It also contains all
the technical criteria in 40 CFR part 257,
except for the provisions specifically
discussed below. Consequently, EPA is
proposing to approve Georgia’s permit
program ‘‘in part.’’ 42 U.S.C.
6945(d)(1)(B). EPA’s analysis and
findings are discussed in greater detail
below and in the Technical Support
Document, which is available in the
docket supporting this preliminary
determination.
A. Adequacy of Georgia’s Permit
Program
Section 4005(d)(1)(A) of RCRA, 42
U.S.C. 6945(d)(1)(A), requires a state
seeking CCR state permit program
approval to submit to EPA an
application with ‘‘evidence of a permit
program or other system of prior
approval and conditions under State
law for regulation by the State of coal
combustion residuals units that are
located in the State;’’ however, it does
not require EPA to promulgate
regulations governing the process or
standard for determining the adequacy
of such state programs. EPA, therefore,
developed the Coal Combustion
Residuals State Permit Program
Guidance Document; Interim Final (82
FR 38685, August 15, 2017) (the
‘‘Guidance Document’’). The Guidance
Document provides guidance on a
process and standards that states may
choose to use to apply for EPA approval
of their CCR permit programs, based on
the existing regulations at 40 CFR part
239 and the Agency’s experience in
reviewing and approving state programs
in general. EPA evaluated the adequacy
of Georgia’s CCR state permit program
using the process and statutory and
regulatory standards discussed in the
Guidance Document. EPA’s findings are
summarized below and provided in
more detail in the Technical Support
Document located in the docket
supporting this preliminary
determination.
1. Public Participation
Based on section 7004 of RCRA, 42
U.S.C. 6974, and the part 239
regulations, it is EPA’s judgment that an
adequate state CCR permitting program
E:\FR\FM\28JNP1.SGM
28JNP1
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
will ensure that: (1) Documents for
permit determinations are made
available for public review and
comment; (2) final determinations on
permit applications are made known to
the public; and (3) public comments on
permit determinations are considered.
To meet these requirements, Georgia has
adopted a policy governing the
procedure for public comment on draft
CCR permits, which is memorialized in
its ‘‘CCR Draft Permit Public Comment
Process’’ Memorandum, signed by the
Director of Georgia EPD on April 13,
2018. This procedure requires that
Georgia EPD post all draft CCR permits
online and concurrently notify anyone
who has signed up to receive email for
coal ash-related announcements of the
posting. Draft permits and all
information submitted as part of CCR
permit applications will be available for
review in person at Georgia EPD’s
Tradeport office. Draft permits will be
available for public comment for 30
days, and the Director may extend this
comment period if deemed necessary.
Georgia EPD will accept comments via
email or regular mail. After the
comment period ends, Georgia EPD will
review all comments received and make
any necessary changes before making a
final permit decision. When issuing a
final permit, Georgia EPD will release a
response to comments on the draft
permit and will notify the public in the
same manner as when it provided notice
of the draft permit. The final permit and
response to comments will be available
for review online. The ‘‘CCR Draft
Permit Public Comment Process’’
Memorandum, a sample transmittal
letter to the CCR facility owner, and a
sample ‘‘Notice of the Opportunity for
Public Comment’’ are included in
Appendix D to the 2018 Application
and is available in the docket
supporting this preliminary
determination. EPA has preliminarily
determined that this approach provides
adequate opportunities for public
participation in the permitting process
sufficient to meet the standard for
program approval.
2. Guidelines for Compliance
Monitoring Authority
Based on the 40 CFR part 239
regulations, it is EPA’s judgment that an
adequate CCR state permit program
should provide the state with the
authority to gather information about
compliance, perform inspections, and
ensure that information it gathers is
suitable for enforcement. Georgia EPD
has compliance monitoring authority
under O.C.G.A. §§ 12–8–23.1(a)(4), 12–
8–29.1, and 12–8–23.1(20). Specifically,
O.C.G.A. § 12–8–23.1(a)(4) and O.C.G.A.
VerDate Sep<11>2014
16:43 Jun 27, 2019
Jkt 247001
§ 12–8–29.1 give the Director of Georgia
EPD authority to undertake
investigations, analysis, and inspections
to determine compliance, and to enter
property to undertake investigations to
verify compliance. Further, O.C.G.A.
§ 12–8–23.1(20) grants the Director of
Georgia EPD the authority to exercise all
incidental powers necessary to carry out
the purposes of applicable state law.
Together these authorities provide the
State with authority to obtain records
from an owner or operator to determine
compliance. EPA has preliminarily
determined that these compliance
monitoring authorities are adequate, and
that this aspect of the State’s CCR state
permit program meets the standard for
program approval.
3. Guidelines for Enforcement Authority
Based on the 40 CFR part 239
regulations, it is EPA’s judgment that an
adequate CCR state permit program
should provide the state with adequate
enforcement authority to administer its
CCR state permit program, including the
authority to: (1) Restrain any person
from engaging in activity which may
damage human health or the
environment, (2) sue to enjoin
prohibited activity, and (3) sue to
recover civil penalties for prohibited
activity. Georgia EPD has adequate
enforcement authority for its existing
programs under O.C.G.A. sections 12–8–
23.1(a)(9), 12–8–30, 12–8–30.1, 12–8–
30.4, and 12–8–30.6, and these
authorities extend to Georgia’s CCR state
permit program. For example, O.C.G.A.
section 12–8–23.1(a)(9) provides the
State with authority to bring an
administrative or civil proceeding to
enforce the Georgia Comprehensive
Solid Waste Management Act and its
implementing regulations. O.C.G.A.
section 12–8–30 provides the State with
the authority to issue orders requiring
corrective action to remedy violations.
Under O.C.G.A. section 12–8–30.4, the
State may sue in superior court for
injunctions, restraining orders, and
other relief for activities that violate the
State program. Finally, under O.C.G.A.
section 12–8–30.6, the State has the
authority to bring an administrative
action to assess civil penalties for
violations of the State’s program. EPA
has preliminarily determined that this
aspect of Georgia’s CCR state permit
program meets the standard for program
approval.
4. Intervention in Civil Enforcement
Proceedings
Based on section 7004 of RCRA and
the 40 CFR part 239 regulations, it is
EPA’s judgment that an adequate CCR
state permit program should provide
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
30981
adequate opportunity for citizen
intervention in civil enforcement
proceedings. Specifically, the state must
either: (a) Provide for citizen
intervention as a matter of right or (b)
have in place a process to (1) provide
notice and opportunity for public
involvement in civil enforcement
actions, (2) investigate and provide
responses to citizen complaints about
violations, and (3) not oppose citizen
intervention when permissive
intervention is allowed by statute, rule,
or regulation. In Georgia, citizen
intervention is possible in the State civil
enforcement process as a matter of right
for interested parties. Pursuant to
O.C.G.A. section 12–8–30.2, all
hearings/reviews of enforcement actions
on orders shall be conducted in
accordance with O.C.G.A. section 12–2–
2, which provides that hearings shall be
conducted in accordance with the
Georgia Administrative Procedures Act,
which provides for intervention by
citizens in contested cases. See O.C.G.A.
section 50–13–14. EPA has
preliminarily determined that these
authorities provide for an adequate level
of citizen involvement in the
enforcement process, and that this
aspect of the State’s CCR state permit
program meets the standard for program
approval.
B. Adequacy of Technical Criteria
EPA has preliminarily determined
that the portions of Georgia’s CCR
permit program that were submitted for
approval meet the standard for approval
under RCRA section 4005(d)(1)(B)(i), 42
U.S.C. 6945(d)(1)(B)(i). To make this
preliminary determination, EPA
compared the technical requirements in
Georgia’s CCR regulations to 40 CFR
part 257 to determine whether they
differed from the Federal requirements,
and if so, whether those differences met
the standard in RCRA sections
4005(d)(1)(B)(ii) and (C), 42 U.S.C.
6945(d)(1)(B)(ii) and (C). Georgia’s CCR
regulations are contained in Ga. Comp.
R. and Regs. 391–3–4–.10, where
Georgia adopts by reference portions of
40 CFR part 257, subpart D, and also
spells out certain provisions.
Specifically, in addition to what is
required by 40 CFR part 257, the
Georgia CCR regulations contain
additional state-specific requirements
for new and lateral expansions of CCR
landfills in Ga. Comp. R. and Regs. 391–
3–4–.10(3)(c)–(e); operating criteria in
Ga. Comp. R. and Regs. 391–3–4–
.10(5)(c); groundwater monitoring and
corrective action in Ga. Comp. R. and
Regs. 391–3–4–.10(6)(b)–(g); closure and
post-closure care in Ga. Comp. R. and
Regs. 391–3–4–.10(7)(c)–(g); and
E:\FR\FM\28JNP1.SGM
28JNP1
30982
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Proposed Rules
recordkeeping, notification, and posting
of information to the internet in Ga.
Comp. R. and Regs. 391–3–4–.10(8)(a)1.
The following table sets forth the
Georgia regulations that encompass the
technical criteria of the State’s CCR
Permit Program.
TABLE 1—COMPARISON OF FEDERAL AND GEORGIA’S PROPOSED CCR PERMIT PROGRAM REQUIREMENTS
Description
State citation/analog
Federal requirement
Scope and Purpose .............
Effect of other regulations ....
Ga. Comp. R. and Regs. 391–3–4–.10(1)(a) and (b) ....
Ga. Comp. R. and Regs. 391–3–4–.04(11) ....................
Ga. Comp. R. and Regs. 391–3–4–.05 (1)(d) and 391–
3–4–10(9)(c)1.(ii).
No State Analog ..............................................................
§ 257.50.
§ 257.52(a).
§ 257.52(b) (cross-referencing § 257.3–1 (Floodplains)).
Definitions ............................
Location Restrictions ............
Design Criteria .....................
Operating Criteria .................
khammond on DSKBBV9HB2PROD with PROPOSALS
Groundwater Monitoring and
Correction Action.
Closure and Post-Closure
Care.
Record Keeping, Notification, and Posting of Information to the Internet.
Constituents for Detection
Monitoring.
Constituents for Assessment
Monitoring.
Ga. Comp. R.
3–4–.04(1).
Ga. Comp. R.
3–4–.01.
Ga. Comp. R.
3–4–.10(3).
Ga. Comp. R.
3–4–.10(4).
Ga. Comp. R.
3–4–.10(5).
Ga. Comp. R.
3–4–.10(6).
Ga. Comp. R.
3–4–.10(7).
Ga. Comp. R.
3–4–.10(8).
and Regs. 391–3–4–.10(2)(a) and 391–
§ 257.52(b) (cross-referencing § 257.3–2(Endangered
Species).
§ 257.52(b) (cross-referencing § 257.3–3 Surface
Water).
§ 257.53.
and Regs. 391–3–4–.10(1)(c) and 391–
§§ 257.60 through 257.64.
and Regs. 391–3–4–.10(1)(c) and 391–
§§ 257.70 through 257.74.
and Regs. 391–3–4–.10(1)(c) and 391–
§§ 257.80 through 257.84.
and Regs. 391–3–4–.10(1)(c) and 391–
§§ 257.90 through 257.98.
and Regs. 391–3–4–.10(1)(c) and 391–
§§ 257.100 through 257.104.
and Regs. 391–3–4–.10(1)(c) and 391–
§§ 257.105 through 257.107.
and Regs. 391–3–4–.10(5)(a) and 391–
Ga. Comp. R. and Regs. 391–3–4–.10(6)(b) .................
Appendix III to part 257.
Ga. Comp. R. and Regs. 391–3–4–.10(6)(b) .................
Appendix IV to part 257.
As noted above, the Georgia CCR
regulations do not adopt by reference
§ 257.52(b), which requires compliance
with the protections for Threatened and
Endangered species identified in
§ 257.3–2, and do not otherwise contain
provisions with equivalent protections
for Threatened and Endangered species.
For this reason, and because the Georgia
CCR regulations adopt by reference
portions of 40 CFR part 257 that have
since been vacated,6 EPA is proposing
to partially approve Georgia’s CCR
permit program. Specifically, EPA is
proposing to approve all of Georgia’s
program except for the following four
provisions:
1. Requirements relevant to
Threatened and Endangered species at
40 CFR 257.3–2;
2. The exclusion of inactive
impoundments at inactive facilities at
40 CFR 257.50(e);
3. 40 CFR 257.101(a), which allows
unlined impoundments to continue
receiving coal ash unless they leak; and
4. 40 CFR 257.71(a)(1)(i), which
classifies ‘‘clay-lined’’ impoundments as
lined.
With the exception of the four
provisions noted above, the Georgia
6 Georgia
adopts by reference §§ 257.71(a)(1)(i)
and 257.101(a) at Ga. Comp. R. and Regs. 391–3–
4–.10(c).
VerDate Sep<11>2014
16:43 Jun 27, 2019
Jkt 247001
CCR regulations contain all of the
technical elements of the Federal CCR
regulations, including requirements for
location restrictions, design and
operating criteria, groundwater
monitoring and corrective action,
closure requirements and post-closure
care, recordkeeping, notification and
publicly accessible website posting
requirements. The Georgia CCR permit
program also contains State-specific
language, references, definitions, and
State-specific requirements that differ
from the Federal CCR regulations, but
which EPA has determined to be ‘‘at
least as protective as’’ the Federal
criteria. The effect of granting a partial
approval with respect to the four
provisions above is that facilities will
remain responsible for compliance with
the Federal requirements for Threatened
and Endangered species in 40 CFR
257.3–2. Facilities must also comply
with the Federal requirements for
inactive impoundments at inactive
facilities, unlined impoundments, and
clay-lined impoundments, once
established by EPA. However, as
previously noted, the Georgia CCR
Permit Program already regulates
inactive impoundments at inactive
facilities. Further, any future regulations
with respect to unlined impoundments
and clay-lined impoundments are not
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
expected to have any practical impact in
Georgia because all unlined
impoundments in the State are
scheduled to cease receiving CCR by
2020 (i.e., no unlined impoundments
will continue to receive CCR after that
date) and because no clay-lined
impoundments exist in Georgia.
EPA’s full analysis of Georgia’s CCR
permit program, and how Georgia’s
regulations differ from the Federal
requirements, can be found in the
Technical Support Document located in
the docket supporting this preliminary
determination.
IV. Proposed Action
EPA has preliminarily determined
that Georgia’s CCR permit program
meets the statutory standard for partial
approval. Accordingly, in accordance
with 42 U.S.C. 6945(d), EPA is
proposing to partially approve Georgia’s
CCR permit program.
Dated: June 21, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019–13907 Filed 6–27–19; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\28JNP1.SGM
28JNP1
]]>Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Proposed Rules]
[Pages 30977-30982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13907]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 257
[EPA-HQ-OLEM-2018-0533; FRL-9995-82-OLEM]
Georgia: Approval of State Coal Combustion Residuals Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Announcment of availability; request for comment.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or the Act), the Environmental Protection Agency (EPA) is proposing to
partially approve the Georgia Coal Combustion Residuals (CCR) state
permit program. After reviewing the state permit program application,
submitted by the Georgia Environmental Protection Division (GA EPD),
EPA has preliminarily determined that Georgia's CCR state permit
program meets the standard for partial approval under RCRA. If
approved, Georgia's CCR state permit program will operate in lieu of
the Federal CCR program, with the exception of certain provisions noted
below. The State's CCR state permit program requirements and resulting
permit provisions will also be subject to EPA's information gathering
and enforcement authorities under RCRA and other applicable statutory
and regulatory provisions as discussed below. This document announces
that EPA is seeking comment on this proposal during a 60-day public
comment period and will be holding a public hearing on EPA's
preliminary approval of Georgia's CCR state permitting program.
DATES: Comments must be received on or before August 27, 2019. Public
Hearing: A public hearing will be held on August 6, 2019, 8 a.m. to
5:30 p.m.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OLEM-2018-0533. All documents in the docket are
listed in the https://www.regulations.gov index. Publicly available
docket materials are available either electronically at https://www.regulations.gov or in hard copy at the EPA Docket Center. The
Public Reading Room is open from 8:30 a.m. to
[[Page 30978]]
4:30 p.m., Monday through Friday, excluding holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the EPA Docket Center is (202) 566-1742. You may send
comments, identified by Docket ID. No. EPA-HQ-2018-0533, by any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
U.S. Environmental Protection Agency, EPA Docket Center,
Docket No. EPA-HQ-OLEM-2018-0533, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
Hand Delivery/Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
The public hearing will be held at GA EPD Tradeport Training Room
located at 4244 International Parkway, Suite 116, Atlanta, GA 30354-
3906. The hearing will convene at 8:00 a.m. local time and conclude at
5:30 p.m. (local time). For additional information on the public
hearing see the ``Public Participation'' heading of the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michelle Long, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management
Division, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, MC: 5304P, Washington, DC 20460; telephone number: (703)
347-8943; email address: [email protected]. For more information on
this announcement please visit https://www.epa.gov/coalash.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the U.S. EPA.
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2018-
0533, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
B. Public Hearing
EPA will hold the public hearing at the GA EPD Tradeport Training
Room located at 4244 International Parkway, Suite 116, Atlanta, GA
30354-3906, on August 6, 2019, from 8 a.m. through 5:30 p.m. EPA will
begin pre-registering speakers for the hearing upon publication of this
document in the Federal Register. To register to speak at the hearing,
please use the online registration form available at https://www.epa.gov/coalash/forms/public-hearing-georgias-coal-combustion-residuals-permit-program. The last day to pre-register to speak at the
hearing will be July 31, 2019. On August 2, 2019, the EPA will post a
general agenda for the hearing at https://www.epa.gov/coalash/forms/public-hearing-georgias-coal-combustion-residuals-permit-program.
EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearing to run either ahead of schedule or behind schedule.
Additionally, requests to speak will be taken the day of the hearing at
the hearing registration desk. The EPA will make every effort to
accommodate all speakers who arrive and register, although preferences
on speaking times may not be able to be fulfilled.
Each commenter will have five (5) minutes to provide oral
testimony. The EPA encourages commenters to provide the EPA with a copy
of their oral testimony electronically (via email) or in hard copy
form. If EPA is anticipating a high attendance, the time allotment per
testimony may be shortened to no shorter than three (3) minutes in
order to accommodate all those wishing to provide testimony who have
pre-registered. While EPA will make every effort to accommodate all
speakers who arrive and register the day of the hearing, opportunities
to speak may be limited based upon the number of preregistered
speakers. Therefore, EPA strongly encourages anyone wishing to speak to
preregister.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing. Verbatim
transcripts of the hearing and written statements will be included in
the docket for the rulemaking.
Please note that any updates made to any aspect of the hearing will
be posted online at https://www.epa.gov/coalash/forms/public-hearing-georgias-coal-combustion-residuals-permit-program. While the EPA
expects the hearing to go forward as set forth above, please monitor
our website to determine if there are any updates. The EPA does not
intend to publish a document in the Federal Register announcing
updates.
If you require the service of a translator or special
accommodations such as audio description, please pre-register for the
hearing and describe your needs by July 30, 2019. We will not be able
to arrange accommodations without advanced notice.
II. General Information
A. Overview of Proposed Action
EPA is proposing to approve Georgia's CCR state permit program, in
part, pursuant to RCRA 4005(d)(1)(B). 42 U.S.C. 6945(d)(1)(B). The fact
that Georgia is seeking a partial program approval does not mean it
must subsequently apply for a full program approval. However, Georgia
could apply for a revised partial program approval or a full program
approval at some point in the future if it chooses to do so. If
approved, Georgia's CCR state permit program would operate in lieu of
the Federal CCR program, codified at 40 CFR part 257, subpart D,\1\
with the exception of the provisions specifically identified below for
which the state is not seeking approval. However, even for the approved
provisions, EPA would
[[Page 30979]]
retain its inspection and enforcement authorities under RCRA sections
3007 and 3008, 42 U.S.C. 6927 and 6928. See 42 U.S.C. 6945(d)(4)(B).
---------------------------------------------------------------------------
\1\ Unless otherwise specified, all references to part 257 and
part 239 in this document are to title 40 of the Code of Federal
Regulations (CFR).
---------------------------------------------------------------------------
There are no federally recognized tribes within the State of
Georgia, nor any federally recognized tribal lands/reservations
adjacent to Georgia's boundaries with neighboring states. Thus, EPA has
not consulted with any Federal tribes in connection with this proposed
Action.
B. Background
CCR are generated from the combustion of coal, including solid
fuels classified as anthracite, bituminous, subbituminous, and lignite,
for the purpose of generating steam to power a generator to produce
electricity or electricity and other thermal energy by electric
utilities and independent power producers. CCR, commonly known as coal
ash, include fly ash, bottom ash, boiler slag, and flue gas
desulfurization materials. CCR can be sent offsite for disposal, or
beneficial use, or disposed in on-site landfills or surface
impoundments.
On April 17, 2015, EPA published a final rule, creating 40 CFR part
257, subpart D, that established a comprehensive set of minimum Federal
requirements for the disposal of CCR in landfills and surface
impoundments (80 FR 21302, April 17, 2015) (``Federal CCR
regulations''). The rule created a self-implementing program which
regulates the location, design, operating criteria, and groundwater
monitoring and corrective action for CCR disposal, as well as the
closure and post-closure care of CCR units. It also requires
recordkeeping and notifications for CCR units. The Federal CCR
regulations do not apply to activities that meet the definition of
``beneficial use'' of CCR, as that term is defined in Sec. 257.53.
C. Statutory Authority
EPA is issuing this proposed action pursuant to sections 4005(d)
and 7004(b)(1) of RCRA. See 42 U.S.C. 6945(d) and 6974(b)(1). Section
2301 of the 2016 Water Infrastructure Improvements for the Nation
(WIIN) Act amended section 4005 of RCRA, creating a new subsection (d)
that establishes a Federal permitting program similar to those under
RCRA subtitle C and other environmental statutes. See 42 U.S.C.
6945(d). Under the WIIN Act, states may develop and submit an
application for a state CCR permit program to EPA for approval.
Under RCRA section 4005(d)(1)(A), 42 U.S.C. 6945(d)(1)(A), states
seeking approval must submit to the Administrator ``evidence of a
permit program or other system of prior approval and conditions under
State law for regulation by the State of coal combustion residuals
units that are located in the State.'' EPA shall approve a state permit
program if the Administrator determines that the state program meets
the standard in RCRA section 4005(d)(1)(B), 42 U.S.C. 6945(d)(1)(B),
i.e., that it will require each CCR unit located in the state to
achieve compliance with either: (1) The Federal CCR requirements at 40
CFR part 257, subpart D; or (2) other state criteria that the
Administrator, after consultation with the state, determines to be ``at
least as protective as'' the Federal requirements. See 42 U.S.C.
6945(d)(1)(B). The Administrator must make a final determination, after
providing for public notice and an opportunity for public comment,
within 180 days of receiving a state's complete submittal of the
information in RCRA section 4005(d)(1)(A). See 42 U.S.C. 6945(d)(1)(B).
EPA may approve a CCR state permit program in whole or in part. Id.
Once approved, the state permit program operates in lieu of the Federal
requirements. See 42 U.S.C. 6945(d)(1)(A). In a state with partial
approval, only the state requirements that have been approved operate
in lieu of the Federal requirements, and facilities remain responsible
for compliance with all remaining requirements in 40 CFR part 257.
Once a program is approved, the Administrator must review the
approved CCR state permit program at least once every 12 years, as well
as no later than three years after a revision to an applicable section
of 40 CFR part 257, subpart D, or one year after any unauthorized
significant release from a CCR unit located in the state. See 42 U.S.C.
6945(d)(1)(D)(i)(I)-(III). EPA also must review an approved program at
the request of another state alleging that the soil, groundwater, or
surface water of the requesting state is or is likely to be adversely
affected by a release from a CCR unit in the approved state. See 42
U.S.C. 6945(d)(1)(D)(i)(IV).
In a state with an approved CCR state permit program, EPA may
commence administrative or judicial enforcement actions under section
3008 of RCRA, 42 U.S.C. 6928, if the state requests assistance or if
EPA determines that an EPA enforcement action is likely to be necessary
to ensure that a CCR unit is operating in accordance with the criteria
of the state's permit program. See 42 U.S.C. 6945(d)(4). EPA may also
exercise its inspection and information gathering authorities under
section 3007 of RCRA, 42 U.S.C. 6927.
II. Georgia's Application
On April 13, 2018, Georgia EPD submitted its initial CCR State
Permit Program application to EPA Region 4. After receiving comments
from EPA, Georgia provided revisions to its 2018 application on March
6, 2019 and May 23, 2019. In its February 27, 2019, revised cover
letter, Georgia requested partial approval of the State's CCR permit
program.\2\ EPA determined that Georgia's State CCR Permit Program
Application was complete and notified Georgia of its determination by
letter dated June 19, 2019. Georgia's application and EPA's
completeness determination letter are available in the docket
supporting this preliminary determination.
---------------------------------------------------------------------------
\2\ The revised narrative application, dated May 22, 2019, shall
be substituted for the original narrative, dated March 19, 2018, and
the addendum to the part 257 Checklist for CCR Surface Impoundments
and CCR Landfills, submitted on March 6, 2019, shall be added to the
part 257 Checklist provided with the original submission in the 2018
Application. All other documents submitted as part of the 2018
Application remain unchanged.
---------------------------------------------------------------------------
Georgia's CCR Permit Program is codified at Ga. Comp. R. and Regs.
391-3-4-.10, which adopts by reference nearly all of the technical
criteria contained in 40 CFR part 257, subpart D.\3\ Georgia's CCR Rule
is included in Appendix C of Georgia's application and is available in
the docket supporting this preliminary determination. Georgia's CCR
Permit Program covers a broader universe of CCR units than are covered
under the Federal CCR regulations. While Georgia's general
applicability section mirrors that of the Federal CCR regulations (See
Ga. Comp. R. and Regs. 391-3-4-.10(1)(a)1. and 40 CFR 257.50(b)), and
the State's definition of ``CCR Unit'' matches the Federal definition
(See Ga. Comp. R. and Regs. 391-3-4-.01(11) and 40 CFR 257.53), the
Georgia CCR regulation defines ``CCR Landfills'' and ``CCR Surface
Impoundments'' differently. Specifically, the State's definitions for
these units include dewatered surface impoundments, National Pollutant
Discharge Elimination System (NPDES)-CCR surface impoundments
(inactive, but not dewatered, surface impoundments at inactive
facilities), and inactive CCR landfills. See Ga. Comp. R. and Regs.
391-3-4-.01(9) and (10). These units are, in turn, defined at Ga. Comp.
R. and Regs. 391-3-4-.10(2)(a)1.-3. These types of CCR units are not
covered by the Federal CCR regulations. See 40 CFR 257.50(d) and
[[Page 30980]]
257.53. However, by regulating inactive impoundments at inactive
facilities, Georgia's CCR Permit Program aligns with the U.S. Court of
Appeals decision in Utility Solid Waste Activities Group, et al. v.
EPA, 901 F.3d 414 (D.C. Cir. 2018), which vacated the exclusion from
the Federal regulations for inactive impoundments at inactive
facilities. Since there are no Federal regulations for inactive
impoundments at inactive facilities, EPA has no Federal criteria to
compare Georgia's regulations on these units to, which is why Georgia
is not seeking approval of that part of the permit program. However,
Georgia intends to regulate inactive surface impoundments at inactive
facilities as existing CCR units. Georgia's CCR units (existing
landfills, active surface impoundments, and inactive surface
impoundments at operating power plants) will all be issued new permits
under Georgia's CCR regulations. Owners and operators of these units
submitted permit applications to Georgia. The permits that will be
issued by the state are considered new permits and thus Georgia will
follow their public participation procedures for CCR units, detailed on
page 14 of the narrative in the Application. Georgia CCR units are
issued permits for the life of the site, with a required review
(discussed on page 11 of the narrative) every 5 years.
---------------------------------------------------------------------------
\3\ The Georgia CCR Rule adopts 80 FR 21468 (April 17, 2015), as
amended at 80 FR 37988 (July 2, 2015) and 81 FR 51807 (August 5,
2016). See Ga. Comp. R. and Regs. 391-3-4-.10(1)(c).
---------------------------------------------------------------------------
For more information on the specific facilities covered by
Georgia's CCR Permit Program, see the Technical Support Document which
is available in the docket for this document.\4\
---------------------------------------------------------------------------
\4\ Georgia's application also includes some discussion of
Municipal Solid Waste Landfills (MSWLs), including Commercial
Industrial Landfills (CILs), that dispose of CCR. While Georgia
permits these facilities through its MSWL regulations, MSWLs
disposing of CCR are exempted from the requirements of 40 CFR 257
and are outside the scope of the Federal CCR regulations and the
State's CCR Permit Program. Georgia's discussion of these landfills
and how it regulates them is included in its application only to
provide a more inclusive description of CCR disposal activities in
Georgia.
---------------------------------------------------------------------------
In addition to the technical criteria in Ga. Comp. R. and Regs.
391-3-4-.10, CCR units must comply with the permitting requirements in
Ga. Comp. R. and Regs. 391-3-4-.10(9); the procedural permitting
requirements in Ga. Comp. R. and Regs. 391-3-4-.02; the financial
assurance requirements in Ga. Comp. R. and Regs. 391-3-4-.10(10) and
391-3-4-.13; and the reporting requirements in Ga. Comp. R. and Regs.
391-3-4-.17.
III. EPA Analysis of Georgia's Application
As discussed in Unit I.C. of this document, RCRA section 4005(d)
requires EPA to evaluate two components of a state program to determine
whether it meets the standard for approval. First, EPA is to evaluate
the adequacy of the permit program itself (or other system of prior
approval and conditions). See 42 U.S.C. 6945(d)(1)(A). Second, EPA is
to evaluate the adequacy of the technical criteria that will be
included in each permit, to determine whether they are the same as the
Federal criteria, or to the extent they differ, whether the modified
criteria are ``at least as protective as'' the Federal requirements.
See 42 U.S.C. 6945(d)(1)(B). Only if both components meet the statutory
requirements may EPA approve the program. See 42 U.S.C. 6945(d)(1).
On that basis, EPA conducted an analysis of Georgia's State CCR
Permit Program Application, including a thorough analysis of Ga. Comp.
R. and Regs. 391-3-4-.10 and its adoption by reference of portions of
40 CFR part 257, subpart D. As noted, Georgia has requested partial
program approval of its CCR permit program. The Georgia CCR Rule does
not adopt by reference 40 CFR 257.52(b), which requires compliance with
the protections for Threatened and Endangered Species identified in 40
CFR 257.3-2. Additionally, it adopts by reference portions of the
Federal CCR regulations that have since been vacated by the U.S. Court
of Appeals in Utility Solid Waste Activities Group, et al. v. EPA.\5\
Accordingly, Georgia is not seeking approval for the following:
---------------------------------------------------------------------------
\5\ See Utility Solid Waste Activities Group, et al. v. EPA, No.
15-1219 (D.C. Circuit). On August 21, 2018, the United States Court
of Appeals for the District of Columbia Circuit vacated and remanded
the three provisions of the Federal CCR Rule: 40 CFR 257.101(a),
which allowed unlined impoundments to continue receiving coal ash
unless they leak; 40 CFR 257.71(a)(1)(i), which classified ``clay-
lined'' impoundments as lined; and 40 CFR 257.50(e), which exempted
from regulation inactive impoundments at inactive facilities.
Georgia adopts by reference 40 CFR 257.71(a)(1)(i) and 40 CFR
257.101(a) at Ga. Comp. R. and Regs. 391-3-4-.10(c), two of the
three provisions that were vacated.
---------------------------------------------------------------------------
1. Requirements relevant to Endangered Species in 40 CFR 257.3-2;
2. The exclusion of inactive impoundments at inactive facilities at
40 CFR 257.50(e), but which has now been vacated;
3. 40 CFR 257.101(a), which allows unlined impoundments to continue
receiving coal ash unless they leak, and which has since been vacated;
and
4. 40 CFR 257.71(a)(1)(i), which classifies ``clay-lined''
impoundments as lined, which has since been vacated.
Based on this analysis, EPA has preliminarily determined that the
portions of Georgia's CCR state permit program that have been submitted
for approval meet the standard in section 4005(d)(1)(A) and (B) of
RCRA. Georgia's CCR permit program includes all the elements of an
adequate CCR state permit program as discussed in more detail below. It
also contains all the technical criteria in 40 CFR part 257, except for
the provisions specifically discussed below. Consequently, EPA is
proposing to approve Georgia's permit program ``in part.'' 42 U.S.C.
6945(d)(1)(B). EPA's analysis and findings are discussed in greater
detail below and in the Technical Support Document, which is available
in the docket supporting this preliminary determination.
A. Adequacy of Georgia's Permit Program
Section 4005(d)(1)(A) of RCRA, 42 U.S.C. 6945(d)(1)(A), requires a
state seeking CCR state permit program approval to submit to EPA an
application with ``evidence of a permit program or other system of
prior approval and conditions under State law for regulation by the
State of coal combustion residuals units that are located in the
State;'' however, it does not require EPA to promulgate regulations
governing the process or standard for determining the adequacy of such
state programs. EPA, therefore, developed the Coal Combustion Residuals
State Permit Program Guidance Document; Interim Final (82 FR 38685,
August 15, 2017) (the ``Guidance Document''). The Guidance Document
provides guidance on a process and standards that states may choose to
use to apply for EPA approval of their CCR permit programs, based on
the existing regulations at 40 CFR part 239 and the Agency's experience
in reviewing and approving state programs in general. EPA evaluated the
adequacy of Georgia's CCR state permit program using the process and
statutory and regulatory standards discussed in the Guidance Document.
EPA's findings are summarized below and provided in more detail in the
Technical Support Document located in the docket supporting this
preliminary determination.
1. Public Participation
Based on section 7004 of RCRA, 42 U.S.C. 6974, and the part 239
regulations, it is EPA's judgment that an adequate state CCR permitting
program
[[Page 30981]]
will ensure that: (1) Documents for permit determinations are made
available for public review and comment; (2) final determinations on
permit applications are made known to the public; and (3) public
comments on permit determinations are considered. To meet these
requirements, Georgia has adopted a policy governing the procedure for
public comment on draft CCR permits, which is memorialized in its ``CCR
Draft Permit Public Comment Process'' Memorandum, signed by the
Director of Georgia EPD on April 13, 2018. This procedure requires that
Georgia EPD post all draft CCR permits online and concurrently notify
anyone who has signed up to receive email for coal ash-related
announcements of the posting. Draft permits and all information
submitted as part of CCR permit applications will be available for
review in person at Georgia EPD's Tradeport office. Draft permits will
be available for public comment for 30 days, and the Director may
extend this comment period if deemed necessary. Georgia EPD will accept
comments via email or regular mail. After the comment period ends,
Georgia EPD will review all comments received and make any necessary
changes before making a final permit decision. When issuing a final
permit, Georgia EPD will release a response to comments on the draft
permit and will notify the public in the same manner as when it
provided notice of the draft permit. The final permit and response to
comments will be available for review online. The ``CCR Draft Permit
Public Comment Process'' Memorandum, a sample transmittal letter to the
CCR facility owner, and a sample ``Notice of the Opportunity for Public
Comment'' are included in Appendix D to the 2018 Application and is
available in the docket supporting this preliminary determination. EPA
has preliminarily determined that this approach provides adequate
opportunities for public participation in the permitting process
sufficient to meet the standard for program approval.
2. Guidelines for Compliance Monitoring Authority
Based on the 40 CFR part 239 regulations, it is EPA's judgment that
an adequate CCR state permit program should provide the state with the
authority to gather information about compliance, perform inspections,
and ensure that information it gathers is suitable for enforcement.
Georgia EPD has compliance monitoring authority under O.C.G.A.
Sec. Sec. 12-8-23.1(a)(4), 12-8-29.1, and 12-8-23.1(20). Specifically,
O.C.G.A. Sec. 12-8-23.1(a)(4) and O.C.G.A. Sec. 12-8-29.1 give the
Director of Georgia EPD authority to undertake investigations,
analysis, and inspections to determine compliance, and to enter
property to undertake investigations to verify compliance. Further,
O.C.G.A. Sec. 12-8-23.1(20) grants the Director of Georgia EPD the
authority to exercise all incidental powers necessary to carry out the
purposes of applicable state law. Together these authorities provide
the State with authority to obtain records from an owner or operator to
determine compliance. EPA has preliminarily determined that these
compliance monitoring authorities are adequate, and that this aspect of
the State's CCR state permit program meets the standard for program
approval.
3. Guidelines for Enforcement Authority
Based on the 40 CFR part 239 regulations, it is EPA's judgment that
an adequate CCR state permit program should provide the state with
adequate enforcement authority to administer its CCR state permit
program, including the authority to: (1) Restrain any person from
engaging in activity which may damage human health or the environment,
(2) sue to enjoin prohibited activity, and (3) sue to recover civil
penalties for prohibited activity. Georgia EPD has adequate enforcement
authority for its existing programs under O.C.G.A. sections 12-8-
23.1(a)(9), 12-8-30, 12-8-30.1, 12-8-30.4, and 12-8-30.6, and these
authorities extend to Georgia's CCR state permit program. For example,
O.C.G.A. section 12-8-23.1(a)(9) provides the State with authority to
bring an administrative or civil proceeding to enforce the Georgia
Comprehensive Solid Waste Management Act and its implementing
regulations. O.C.G.A. section 12-8-30 provides the State with the
authority to issue orders requiring corrective action to remedy
violations. Under O.C.G.A. section 12-8-30.4, the State may sue in
superior court for injunctions, restraining orders, and other relief
for activities that violate the State program. Finally, under O.C.G.A.
section 12-8-30.6, the State has the authority to bring an
administrative action to assess civil penalties for violations of the
State's program. EPA has preliminarily determined that this aspect of
Georgia's CCR state permit program meets the standard for program
approval.
4. Intervention in Civil Enforcement Proceedings
Based on section 7004 of RCRA and the 40 CFR part 239 regulations,
it is EPA's judgment that an adequate CCR state permit program should
provide adequate opportunity for citizen intervention in civil
enforcement proceedings. Specifically, the state must either: (a)
Provide for citizen intervention as a matter of right or (b) have in
place a process to (1) provide notice and opportunity for public
involvement in civil enforcement actions, (2) investigate and provide
responses to citizen complaints about violations, and (3) not oppose
citizen intervention when permissive intervention is allowed by
statute, rule, or regulation. In Georgia, citizen intervention is
possible in the State civil enforcement process as a matter of right
for interested parties. Pursuant to O.C.G.A. section 12-8-30.2, all
hearings/reviews of enforcement actions on orders shall be conducted in
accordance with O.C.G.A. section 12-2-2, which provides that hearings
shall be conducted in accordance with the Georgia Administrative
Procedures Act, which provides for intervention by citizens in
contested cases. See O.C.G.A. section 50-13-14. EPA has preliminarily
determined that these authorities provide for an adequate level of
citizen involvement in the enforcement process, and that this aspect of
the State's CCR state permit program meets the standard for program
approval.
B. Adequacy of Technical Criteria
EPA has preliminarily determined that the portions of Georgia's CCR
permit program that were submitted for approval meet the standard for
approval under RCRA section 4005(d)(1)(B)(i), 42 U.S.C.
6945(d)(1)(B)(i). To make this preliminary determination, EPA compared
the technical requirements in Georgia's CCR regulations to 40 CFR part
257 to determine whether they differed from the Federal requirements,
and if so, whether those differences met the standard in RCRA sections
4005(d)(1)(B)(ii) and (C), 42 U.S.C. 6945(d)(1)(B)(ii) and (C).
Georgia's CCR regulations are contained in Ga. Comp. R. and Regs. 391-
3-4-.10, where Georgia adopts by reference portions of 40 CFR part 257,
subpart D, and also spells out certain provisions. Specifically, in
addition to what is required by 40 CFR part 257, the Georgia CCR
regulations contain additional state-specific requirements for new and
lateral expansions of CCR landfills in Ga. Comp. R. and Regs. 391-3-
4-.10(3)(c)-(e); operating criteria in Ga. Comp. R. and Regs. 391-3-
4-.10(5)(c); groundwater monitoring and corrective action in Ga. Comp.
R. and Regs. 391-3-4-.10(6)(b)-(g); closure and post-closure care in
Ga. Comp. R. and Regs. 391-3-4-.10(7)(c)-(g); and
[[Page 30982]]
recordkeeping, notification, and posting of information to the internet
in Ga. Comp. R. and Regs. 391-3-4-.10(8)(a)1.
The following table sets forth the Georgia regulations that
encompass the technical criteria of the State's CCR Permit Program.
Table 1--Comparison of Federal and Georgia's Proposed CCR Permit Program
Requirements
------------------------------------------------------------------------
State citation/
Description analog Federal requirement
------------------------------------------------------------------------
Scope and Purpose........... Ga. Comp. R. and Sec. 257.50.
Regs. 391-3-4-
.10(1)(a) and (b).
Effect of other regulations. Ga. Comp. R. and Sec. 257.52(a).
Regs. 391-3-4-
.04(11).
Ga. Comp. R. and Sec. 257.52(b)
Regs. 391-3-4-.05 (cross-referencing
(1)(d) and 391-3-4- Sec. 257.3-1
10(9)(c)1.(ii). (Floodplains)).
No State Analog..... Sec. 257.52(b)
(cross-referencing
Sec. 257.3-
2(Endangered
Species).
Ga. Comp. R. and Sec. 257.52(b)
Regs. 391-3-4- (cross-referencing
.10(5)(a) and 391-3- Sec. 257.3-3
4-.04(1). Surface Water).
Definitions................. Ga. Comp. R. and Sec. 257.53.
Regs. 391-3-4-
.10(2)(a) and 391-3-
4-.01.
Location Restrictions....... Ga. Comp. R. and Sec. Sec. 257.60
Regs. 391-3-4- through 257.64.
.10(1)(c) and 391-3-
4-.10(3).
Design Criteria............. Ga. Comp. R. and Sec. Sec. 257.70
Regs. 391-3-4- through 257.74.
.10(1)(c) and 391-3-
4-.10(4).
Operating Criteria.......... Ga. Comp. R. and Sec. Sec. 257.80
Regs. 391-3-4- through 257.84.
.10(1)(c) and 391-3-
4-.10(5).
Groundwater Monitoring and Ga. Comp. R. and Sec. Sec. 257.90
Correction Action. Regs. 391-3-4- through 257.98.
.10(1)(c) and 391-3-
4-.10(6).
Closure and Post-Closure Ga. Comp. R. and Sec. Sec. 257.100
Care. Regs. 391-3-4- through 257.104.
.10(1)(c) and 391-3-
4-.10(7).
Record Keeping, Ga. Comp. R. and Sec. Sec. 257.105
Notification, and Posting Regs. 391-3-4- through 257.107.
of Information to the .10(1)(c) and 391-3-
Internet. 4-.10(8).
Constituents for Detection Ga. Comp. R. and Appendix III to part
Monitoring. Regs. 391-3-4- 257.
.10(6)(b).
Constituents for Assessment Ga. Comp. R. and Appendix IV to part
Monitoring. Regs. 391-3-4- 257.
.10(6)(b).
------------------------------------------------------------------------
As noted above, the Georgia CCR regulations do not adopt by
reference Sec. 257.52(b), which requires compliance with the
protections for Threatened and Endangered species identified in Sec.
257.3-2, and do not otherwise contain provisions with equivalent
protections for Threatened and Endangered species. For this reason, and
because the Georgia CCR regulations adopt by reference portions of 40
CFR part 257 that have since been vacated,\6\ EPA is proposing to
partially approve Georgia's CCR permit program. Specifically, EPA is
proposing to approve all of Georgia's program except for the following
four provisions:
---------------------------------------------------------------------------
\6\ Georgia adopts by reference Sec. Sec. 257.71(a)(1)(i) and
257.101(a) at Ga. Comp. R. and Regs. 391-3-4-.10(c).
---------------------------------------------------------------------------
1. Requirements relevant to Threatened and Endangered species at 40
CFR 257.3-2;
2. The exclusion of inactive impoundments at inactive facilities at
40 CFR 257.50(e);
3. 40 CFR 257.101(a), which allows unlined impoundments to continue
receiving coal ash unless they leak; and
4. 40 CFR 257.71(a)(1)(i), which classifies ``clay-lined''
impoundments as lined.
With the exception of the four provisions noted above, the Georgia
CCR regulations contain all of the technical elements of the Federal
CCR regulations, including requirements for location restrictions,
design and operating criteria, groundwater monitoring and corrective
action, closure requirements and post-closure care, recordkeeping,
notification and publicly accessible website posting requirements. The
Georgia CCR permit program also contains State-specific language,
references, definitions, and State-specific requirements that differ
from the Federal CCR regulations, but which EPA has determined to be
``at least as protective as'' the Federal criteria. The effect of
granting a partial approval with respect to the four provisions above
is that facilities will remain responsible for compliance with the
Federal requirements for Threatened and Endangered species in 40 CFR
257.3-2. Facilities must also comply with the Federal requirements for
inactive impoundments at inactive facilities, unlined impoundments, and
clay-lined impoundments, once established by EPA. However, as
previously noted, the Georgia CCR Permit Program already regulates
inactive impoundments at inactive facilities. Further, any future
regulations with respect to unlined impoundments and clay-lined
impoundments are not expected to have any practical impact in Georgia
because all unlined impoundments in the State are scheduled to cease
receiving CCR by 2020 (i.e., no unlined impoundments will continue to
receive CCR after that date) and because no clay-lined impoundments
exist in Georgia.
EPA's full analysis of Georgia's CCR permit program, and how
Georgia's regulations differ from the Federal requirements, can be
found in the Technical Support Document located in the docket
supporting this preliminary determination.
IV. Proposed Action
EPA has preliminarily determined that Georgia's CCR permit program
meets the statutory standard for partial approval. Accordingly, in
accordance with 42 U.S.C. 6945(d), EPA is proposing to partially
approve Georgia's CCR permit program.
Dated: June 21, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019-13907 Filed 6-27-19; 8:45 am]
BILLING CODE 6560-50-P
