[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Proposed Rules]
[Pages 30977-30982]
[FR Doc No: 2019-13907]

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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.

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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

4:30 p.m., Monday through Friday, excluding holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the EPA Docket Center is<PHONE_NUMBER>. 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_ADDRESS>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

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).
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    \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).
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    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.
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    \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.
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    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

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.
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    \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).
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    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\
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    \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.
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    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:
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    \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.
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    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

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

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


[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74725]
[DOCID:fr09de08-58]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0038]

Blood Products Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Blood Products Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on January 9, 2009, from 8
a.m. to 6 p.m.
    Location: Hilton Hotel, Washington, D.C./Rockville Executive
Meeting Center, 1750 Rockville Pike, Rockville, MD 20852.
    Contact Person: William Freas or Pearline K. Muckelvene, Center for
Biologics Evaluation and Research (HFM-71), Food and Drug
Administration, 1401 Rockville Pike, Rockville, MD 20852,<PHONE_NUMBER>,
or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-
0572 in the Washington, DC area), code<PHONE_NUMBER>. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On the morning of January 9, 2009, the Committee will
discuss CSL Behring's Biologics License Application for plasma-derived
fibrinogen concentrate for treatment of bleeding in congenital
fibrinogen deficiency. In the afternoon, the Committee will hear an
update on the ``Food and Drug Administration Draft Guidance for
Industry on Regulation of Genetically Engineered Animals Containing
Heritable Recombinant Deoxynucleic Acid Constructs.'' Following this
update, the Committee will discuss GTC Biotherapeutics' Biologics
License Application for recombinant Antithrombin III derived from
genetically engineered goats for treatment of patients with hereditary
Antithrombin III deficiency to prevent thrombosis during high risk
situations like surgery and obstetrical procedures.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2009 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
December 30, 2008. Oral presentations from the public will be scheduled
between approximately 10:30 a.m. and 11 a.m. and between approximately
4 p.m. and 5 p.m. on January 9, 2009. Those desiring to make formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before December 19, 2008. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by December
22, 2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact William Freas or
Pearline K. Muckelvene at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 1, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-29105 Filed 12-8-08; 8:45 am]

BILLING CODE 4160-01-S