Ga. Comp. R. & Regs. R. 391-3-11-.01 - General Provisions
(1)
Purpose - The purpose of these rules is to establish policies, procedures,
requirements, and standards to implement the Georgia Hazardous Waste Management
Act, O.C.G.A.
12-8-60, et seq. These rules are
promulgated for the purpose of protecting and enhancing the quality of
Georgia's environment and protecting the public health, safety and wellbeing of
its citizens.
(2) Any reference in
these rules to standards, procedures, and requirements of Title 40 of the Code
of Federal Regulations (40 C.F.R.) Parts 124, 260-266, 268, 270, 273 and 279
shall constitute the full adoption by reference of the Part, Subpart, and
Paragraph of the Federal Regulations so referenced including any notes and
appendices as may be associated as amended through October 1, 2021, unless
otherwise stated. Provided, however, nothing in 40 C.F.R. Parts 124, 260-266,
268, 270, 273 and 279, as pertains to any exclusion for carbon dioxide streams
in geologic sequestration activities, or standardized permits (including all
references to 40 C.F.R. Part 267, Part 270 Subpart J, Part 124 Subpart G), the
May 2018 Response to Vacatur of Certain Provisions of the Definition of Solid
Waste, or enforceable documents as defined in 270.1(c)(7), is adopted or
included by reference herein.
(a) The text of
the federal regulations incorporated by reference includes references to
"RCRA", the "Resource Conservation and Recovery Act", "Subtitle C of RCRA",
"the Act", and other general references that refer to the federal hazardous
waste program as a whole. Unless otherwise noted, these references shall be
construed to refer to the Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60, et seq. and the Georgia
hazardous waste management program. References to "RCRA permits" or "RCRA Part
B permits" shall refer to permits issued by the Environmental Protection
Agency, the State of Georgia, or another authorized state. References to
specific sections of RCRA shall refer to both the federal provisions of RCRA to
be implemented by the Environmental Protection Agency, as well as analogous
provisions of the Georgia Hazardous Waste Management Act, O.C.G.A.
12-8-60 et seq., to be implemented
by the Georgia Environmental Protection Division. References to other federal
statutes and regulations contained in the text of the federal regulations
incorporated by reference that are not specifically adopted by reference,
including, but not limited to, references to the Clean Water Act, the Clean Air
Act, and the Safe Drinking Water Act, shall be used to assist in interpreting
the federal regulations, and the authority and power of the analogous or
related portions of the Georgia statutes and regulations shall also be
considered to apply.
(b) When used
in any provisions as may be adopted from 40 C.F.R. Parts 124, 260-266, 268,
270, 273, and 279, references to RCRA "Subtitle D" and 40 C.F.R. Part 258,
including 258.40, shall also be construed to refer to the provisions contained
in Sections
391-3-4-.01,
391-3-4-.05,
391-3-4-.07, and
391-3-4-.11 through
391-3-4-.14 of the Georgia Rules for
Solid Waste Management, as amended.
(c) When used in any such provisions as may
be adopted from 40 C.F.R. Parts 124, 260-266, 268, 270, 273, and 279:
Environmental Protection Agency or EPA, except in reference to EPA ID numbers,
EPA hazardous waste numbers, EPA publications or forms, regulations on
international shipments, the electronic manifest system or its associated fee
system, or manifest registry functions, pre-transport markings of hazardous
waste, or EPA in "EPA or an authorized state" shall mean the Georgia
Environmental Protection Division; and Administrator or Regional Administrator,
except in reference to regulations on international shipments, shall mean
Director of the Environmental Protection Division.
(d) Any reference to 40 C.F.R. Parts 124,
260-266, 268, 270, 273, and 279 in any provisions adopted by reference shall be
construed to refer to the provisions contained in the following sections of
these rules:
|
Federal Regulation Reference |
Georgia Rules Reference |
|
40 C.F.R. 260.2(d) |
391-3-11-.03(4) |
|
40 C.F.R. 260.3 |
391-3-11-.01(2)(e) |
|
40 C.F.R. 260.4 |
391-3-11-.10(3) |
|
40 C.F.R. 260.10-11 |
|
|
40 C.F.R. 260.42 |
|
|
40 C.F.R. Part 264 Subpart H |
391-3-11-.05(1) |
|
40 C.F.R. Part 265 Subpart H |
391-3-11-.05(2) |
|
40 C.F.R. Part 261 Subpart H |
391-3-11-.05(5) |
|
40 C.F.R. Part 260 Subpart C |
391-3-11-.07(2) |
|
40 C.F.R. Part 261 Subparts A-E, I-J, M, AA-CC |
391-3-11-.07(1) |
|
40 C.F.R. Part 262 |
391-3-11-.08(1) |
|
40 C.F.R. Part 263 |
|
|
40 C.F.R. Part 264 Subparts A-G, I-O, S, W, X, and AA-FF |
391-3-11-.10(2) |
|
40 C.F.R. Part 265 Subparts A-G, I-R, W, and AA-FF |
391-3-11-.10(1) |
|
40 C.F.R. Part 266 |
|
|
40 C.F.R. Part 124 |
|
|
40 C.F.R. Part 270 |
|
|
40 C.F.R. Part 268 |
|
|
40 C.F.R. Part 279 |
391-3-11-.17(1) |
|
40 C.F.R. Part 273 |
References to EPA forms or reports, except in reference to regulations on international shipments, manifests, or the electronic manifest system, shall mean EPD forms and reports as may be provided by the Director.
(e)
40 C.F.R.
260.3 is hereby incorporated by
reference.
(3) As of July
10, 1992, any facility which failed to qualify for federal interim status for
any waste code promulgated pursuant to the Hazardous and Solid Waste Amendments
(HSWA) or who lost interim status for failing to certify under HSWA for any
newly promulgated waste code, is also denied interim status under State
law.
Notes
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