Rules of Georgia Department of Natural Resources, Environmental Protection Division. Chapter 391-3-11. Hazardous waste management

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RULES OF
GEORG:IA DEPARTMEN'l' OF NATORAL RESOURCES
~RONMENTAL PROTECT~ON DrviS~ON
CHAPTER 391-3-11 HAZARDOUS WASTE MANAGEMEN'l'

.TABLE OF .CONTENTS
391-3-11-.01 General Provisions 391-3-11-.02 Definitions 391-3-11-.03 Confidentiality of Information 391-3-11-.04 Notification of Hazardous Waste Activities 391-3-11-.05 Financial Responsibility 391-3-11-.06 Variances 391-3-11-.07 Identification and Listing of Hazardous Waste 391-3-11-.08 Standards Applicable to Generators of Hazardous
Waste 391-3-11-.09 Standards Applicable to Transporters of Hazardous
Waste 391-3-11-.10 Standards for Owners and Operators of Hazardous
Waste Treatment, Storage and Disposal Facilities 391-3-11-.11 Hazardous Waste Facility Permits 391-3-11-.12 Inspection and Investigation 391-3-11-.13 Enforcement 391-3-11-.14 Public Participation 391-3-11-.15 Availability of Information 391-3-11-.16 Land Disposal Restrictions 391-3-11-.17 Recycled Used Oil Management Standards 391-3-11-.18 Standards for Universal Waste Management 391-3-11-.19 Standards for Waste Mercury-Containing Lamps

Adopted: December 3, 1997 Effective: December 24, 1997

391-3-11-.01 General Provisions~ Amended.
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(1} Purpose-The purpose of these rules is to establish policies, procedure~, requirements, and standards to implement-the Georgia Hazardous Waste Management Act, O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997}. These rules are promulgated for the purpose of protecting and enhancing the quality of Georgia's environment and protecting the public health, safety and well-being 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 260-268, 273 and Part 279 or 40 C.F.R. Parts 124 or 270 shall constitute the full adoption by reference of the Part, Subpart, and Paragraph so referenced including any. notes and appendices as may be associated, unless otherwise stated. Provided, however, nothing in 40 C.F.R. Parts 260-268, 273 and Part 279 or 40 C. F. R. Parts 124 or 270, as pertains to permits for Underground Injection Control Program (U. I. C. ) under the Safe Drinking Water Act, the Dredge or Fill Program under 404 of the Clean Water Act, National Pollution Discharge Elimination System (NPDES} under Clean Water Act or Prevention .of .Significant Deterioration Program (PSD) under the Clean Air Act is adopted or included by reference herein.

{a) When used in any such provisions as may be adopted from 40 C. F. R. Parts 260-268, 273 and Part 279, and Parts 124 and 270: United States, except in reference to regulations on international shipments, shall mean the State of Georgia; Environmental Protection Agency, except in reference to regulations on international shipments, shall mean Environmental Protection Division; and Regional Administrator, except lin reference to regulations on international shipments, shall mean Director of the Environmental Protection Division. Unless specifically indicated otherwise, any reference to implementation by, submissions to, or inspections, investigations or enforcement to or by the Environmental Protection Agency in such regulations as may be adopted by reference by these rules shall be construed to mean the Georgia Environmental Protection Division, . unless such interpretation would be inconsistent with the intent of the Georgia Hazardous Waste Management Act.

(b) Any reference to 40 C.F.R. Parts 124 or 270 in any provisions

adopted by reference from 40 C.F.R. Parts 260-268, 273 and Part 279

shall be construed to refer to the permitting provisions contained

in 391-3-11-.11 of these rules, and references to EPA forms or

reports, except in reference to regulations on international

shipments, shall mean EPD forms and reports as may be provided by

the Director.



(c) 40 C.F .R. Part 260.3 (1996) is hereby incorporated by reference.

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(3) As of July 10, 1992, any facility which failed to 'qualify for federal interim status for any waste.code promulgated pursuant to 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.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).
391-3-11-.02 Definitions. Amended.
(1) 40 C.F.R. 260.10-260.11 {1996), as amended by 59 Fed. Reg. 62926 (Dec. 6, 1994), 62 Fed. Reg. 6650 (Feb. 12, 1997), 62 Fed Reg. 32462 (June ~3, 1997), are hereby incorporated by reference.
(2) Differences between State and Federal Definitions: When the same word is defined both in the Georgia Hazardous Waste Management Act and in 4 0 C. F . R. 2 60 . 10 , 2 68 . 2 , and 270 . 2 , 273 and 279 (1996), as adopted by reference above, and the definitions are not identical, the definitions as given in the Georgia Hazardous Waste Management Act shall be applied unless such application would render .these rules inconsistent with Federal Hazardous Waste rules and regulations.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).
391-3-11-.03 Confidentiality of %nformation. Amended.
(1) Any records, reports, or information obtained from any person by the Director under these rules shall be available to the public for inspection and copying at the expense of the person requesting copies, except that upon a showing satisfactory to the Director by any person that any records, reports, or information or any particular part thereof, to which the Director has access under these rules would, if made public, divulge information entitled to protection or confidentiality under law, the Director shall consider such information or any particular portion thereof confidential in accordance with the purposes of the law under which confidentiality or protection is claimed, except that such records, reports, documents, or information may be disclosed to officers, employees or authorized representatives of the United States government concerned with carrying out the terms of the Federal Act, .or when required by any court in any proceedings under the Federal Act or under the Georgia Hazardous Waste Management Act.
(2) Any claim of confidentiality filed pursuant to this section must be asserted at the time of initial submission of the record, report, or information in question, or it shall be deemed waived.
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(3) Any claim of confidentiality filed pursuant to this section must be accompanied by a statement of.the legal basis supporting the claim of confidentiality.
Authorityo.c.G.A. 12-8-60, et seq. (1996 and Supp. 1997}, and O.C.G.A. 50-18-70, et seq. (1994 and Cum. Supp. 1997}.

391-3-11-.04 Amended.

Notification of Hazardous Waste Activities.

(1} Every hazardous waste generator, transporter, and owner or operator of a hazardous waste storage, treatment, or disposal facility shall notify the Division of such activities on forms provided by the Director.

(2} Any person who, o:ri the effective date of these rules or

effective date of any subsequent revisions of these rules, is

generating or transporting hazardous waste or who owns or operates

a hazardous waste storage, treatment, or disposal facility must

notify the Division of such activities within 90 days after these

rules or revisions to these rules become effective, unless such

notification has previously been provided to the Regional

Administrator of the Environmental Protection Agency in accordance

with 3010 of the Federal Act.



(3} Any person who, on the effective date of these rules or effective date of any subsequent revisions to these rules, is not generating hazardous waste and who subsequently begins to generate hazardous waste must, within 30 days after commencing such generation, notify the Division of such generation in accordance with subsection (1} .above.

Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997}.

391-3-11-.05 Financial Responsibility. Amended.
(1} 40 C.F.R. Part 264, Subpart H (1996}, and Part 265, Subpart H (1996}, .are hereby incorporated by reference.
(2} The Director shall require proof of adequate financial responsibility to insure any corrective action required as a condition of a permit issued pursuant to these rules.
{3} Methods other than those provided for in subsection {1) above may be used to insure financial responsibility if the owner or operator can show that an equivalent degree of protection can be provided concerning human health and the environment.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

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391-3-11-.06 Variances. Amended.

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A variance shall be granted only if it is consistent with the requirements of the Georgia Hazardous Waste Management Act, as amended, and these rules and consistent with the Federal Act and regulations promulgated thereunder. The Director will evaluate the application for a variance and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the locality where the applicant is located. The Director will accept corrunent on the tentative decision for thirty (30) days, and may also hold a public hearing upon request
or at his discretion. The Director will issue a final decision after receipt of corrunents and after.the hearing, if any.

Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

391-3-11-.07 J:dentification and Listing of Hazardous Waste. Amended.
(1) 40 C.F.R. Part 261 (1996), as amended by 61 Fed. Reg. 34278 (July 1, 1996), 61 Fed. Reg. 59950 (Nov. 25, 1996), 62 Fed. Reg. 6650 (Feb. 12, 1997), 62 Fed. Reg. 26018 (May 12, 1997), and 62 Fed. Reg. 32977 (June 17, 1997), is hereby incorporated by reference.
(2) 40 C.F.R. Part 260, Subpart C (1996) is hereby incorporated by reference.
(3) The Director shall provide public notice of any petition to delist a waste and shall provide an opportunity for public corrunent thereon. Such public notice shall be paid for by the person requesting the delisting.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

391-3-11-.08 Standards Applicable .to Generators of Hazardous Waste. Amended.

(1) 40 C.F.R. Part 262 (1996), as amended by 59 Fed. Reg. 62926

(Dec. 6, 1994), 61 Fed. Reg. 4911 (Feb. 9, 1996),61 Fed. Reg. 59950

(Nov .. 25, 1996), and 62 Fed. Reg. 6650 (Feb. 12, 1997), is hereby

incorporated by reference.



(2) Hazardous Waste Manifests shall be on forms as designated by
the Director and shall be completed as required by the instructions supplied.

Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

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391-3-11-.09 Standards Applicable to Transporters of Hazardous

Waste. Amended.

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40 C.F.R. Part 263 (1996), as amended by 62 Fed. Reg. 66SO (Feb. 12, 1997),- is hereby incorporated by reference.
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Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

391-3-11-.10 Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities. Amended.

(1) 40 C.F.R. Part 265, Subparts A-G, Subparts I-R, Subpart W, Subpart AA, Subpart BB, Subpart CC, Subpart DD and Subpart EE (1996), as amended by 59 Fed. Reg. 62926 (Dec. 6, 1994), 60 Fed. Reg. 2'6828 (May 19, 1995) , 60 Fed. Reg. 50428 (Sept. 29, 1995) , 60 Fed. Reg. 56953 (Nov. 13, 1995), 61 Fed. Reg. 4911 (Feb. 9, 1996), 61 Fed. Reg. 28509 (June 5, 1996), 61 Fed. Reg. 59950 (Nov. 25, 1996), 62 Fed. Reg. 6650 (Feb. 12, 1997), 62 Fed. Reg. 32462 (June 13, 1997), is hereby incorporated by reference.

(2) 40 C.F.R. Part 264, Subparts A-G, Subparts .I-0, Subpart S,

Subpart W, Subpart X, Subpart AA, Subpart BB, Subpart CC, Subpart

DD, and Subpart EE (1996), as amended by 59 Fed. Reg. 62926 (Dec.

6, 1994), 60 Fed. Reg. 26828 (May 19, 1995}, 60 Fed. Reg. 50428

(Sept. 29, 1995), 60 Fed. Reg. 56953 (Nov. 13, 1995), 61 Fed. Reg.

4911 (Feb. 9, 1996), 61 Fed. Reg. 28509 (June 5, 1996}, 61 Fed.

Reg. 59950 (Nov. 25, 1996}, 62 Fed. Reg. 6650 (Feb. 12, 1997}, 62

Fed. Reg. 32462 (June 13, 1997), is hereby incorporated by

reference.



(3) 40 C.F.R. Part 266 (1996}, as amended by 61 Fed. Reg. 56631 (Nov. 4, 1996) I 62 Fed. Reg. 6650 (Feb. 12, 1997} I and 62 Fed. Reg. 32462 (June 13, 1997}, is hereby incorporated by reference.

Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

391-3-11-.11 Hazardous waste Facility Permits~ Amended.
(1} Permits Required: No person shall and it shall be unlawful and a violation of the Georgia Hazardous Waste Management Act to construct, install, operate or substantially alter a hazardous waste facility without first obtaining and possessing a hazardous waste facility permit from the Director.
(a} Scope of the RCRA Permit Requirement: 40 C.F.R. 270.1(c) (1996), as amended by 62 Fed. Reg. 6650 (Feb. 12, 1997), is hereby incorporated by reference.
(b) 40 CFR 124.1(a) (1996) is hereby incorporated by reference.

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(2) Interim Status: Any person who owns or operates a facility required to have a permit under subsection (1) above, which facility was in existence on November 19, 1980, or is in existence on the effective date of statutory or regulatory changes pursuant to the Georgia Hazardous Waste Management Act that render the facility subject to the requirement to have a permit pursuant to subsection (1) above, shall be accorded interim status, which means that such person shall be treated as having been issued a permit until such time as final administrative disposition of the person's application has been made; if and to the extent the person:

(a) Has notified the Director of the existence of such facility as required pursuant to Rule 391-3-11-.04;

(b) Has filed an application for a permit as required pursuant to

these rules;



(c) Furnishes to the Director information reasonably required or

requested for processing such application;



(d) Does not treat, store, or dispose of hazardous waste not specified in the permit application, .nor employ processes not specified in the permit application, nor exceed the design capacity specified in the permit application; and

(e) Complies with all standards applicable to interim status facilities set forth in these rules.

(3) Application for Permit: An application for a Hazardous Waste

Facility Permit shall be submitted in such manner and on such forms

as the Director may prescribe.



(a) Application shall be complete and accurate and accompanied by required plans, data, specifications, engineering reports, design and other information as the Director deems necessary to make a determination of compliance with the Act,'applicable standards and requirements and these rules. An application for a permit shall include a demonstration of financial responsibility including but not limited to guarantees, liability insurance, the posting of bonds, or any combination of guarantees, liability insurance, or bonds; in accordance with O.C.G.A. 12-8-68 (1996) and 391-3-11.05 of these rules. Applications for permits will be .reviewed together with such other information as may be necessary to ascertain the effect upon the environment and the health of humans.

(b) Specific Procedures Applicable to RCRA Permits: 40 C.F.R. 124.31-33 (1996), are hereby incorporated by reference except the following sentence is deleted in section (a) of ,124 .31, . 32 and .33 "For the purpose of the section only 'hazardous waste management units over which EPA has permit issuance authority' refers to

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hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR part 271."
(c) Eerinit Application and Updating Permit Applications for Existing and New Hazardous Waste Management Facilities: 40 C.F.R. 124.3 (1996) and 40 C.F.R. 270.10 (1996) are hereby incorporated by reference.
(d) Signatories to Permit Applications and Reports: 40 C.F.R. 270.11 (1996) is hereby incorporated by reference.
(e) Confidentiality of Information: 40 C.F.R. 270.12(b) (1996) is hereby incorporated by reference.
(f) interim Status: 40 C.F.R. 270.70-270.73 (1996) are hereby incorporated by reference.
(g) Contents of Part A: 40 C.F.R. 270.13 (1996) is hereby incorporated by reference.
(h) Contents of Part B: 40 C.F.R. 270.14-270.27 (1996), as amended by 59 Fed. Reg. 62926 (Dec. 6, 1994), 61 Fed. Reg. 4911 (Feb. 9, 1996), 61 Fed. Reg. 59950 (Nov. 25, 1996), are hereby incorporated by reference.
(4) Upon the first receipt of an application for a Hazardous Waste Facility Permit, the Director, within fifteen (15) days, shall provide to the government of the county in which the facility is located or proposed to be located, to each city government located wholly or partially within that county, and to the government of each county and city.having territorial boundaries within two miles of the hazardous waste facility or proposed hazardous . waste facility a written notice indicating that an application has been received and describing the hazardous waste activities the applicant proposes to conduct. Within a 30 day period after first receipt of such application, the Director shall also publish in at least one local newspaper of general circulation in the county a public notice that an application for a hazardous waste facility permit has been received. A public hearing .shall be held if such is requested in writing within thirty (30) days after publication of notification and is requested by twenty-five (25) or more persons who claim to be affected by the pending permit application, by a governmental subdivision, or by an association having no fewer. than twenty-five (25) members. If requested, the public hearing shall be conducted at .the county seat of the county in which the hazardous waste facility is proposed to be located. At least forty-five (45) days prior to the' date of the public hearing, the Director shall provide written notice to the various local governmental subdivisions and other interested parties in the locality in which the proposed facility may be located that a public hearing has been requested, which written notice shall also
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include the date, time, location andpurposeof the public hearing.
The date, time, location and purpose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least forty-five (45) days in advance of
the date set for the hearing. Such public hearings shall be held for the' purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste facility. The Director shall consider fully all written and oral submissions regarding the proposed facility and the pending application.

(a) Public Notice of Permit Actions and Public Comment Period: 40 C.F.R. 124.10 (1996) is hereby incorporated by reference.

(b) Public Comments and Request for Public Hearings: 40 C.F.R. 124.11 (1996) is hereby incorporated by reference.

(c) Public Hearings: 40 C.F.R. 124.12(a) (1996} incorporated by reference.

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(d) Obligation to Raise Issues During Public Comment:

124.13 (1996) is hereby incorporated by reference.

is hereby 40 C.F.R.

(e) Reopening of the Public Comment Period: 40 C.F.R. 124.14 (1996) is hereby incorporated by reference.

(f) Issuance and Effective Date of Permit: 40 C.F.R. 124.15 (1996) is hereby_incorporated by reference.

(g) Response to Comments: 40 C.F.R. 124.17(a) and (c) (1996) is hereby incorporated by reference.

(h) The owner or operator of any hazardous waste treatment, storage or disposal facility shall pay any costs or expenses
associated with public notices or notifications required by these rules including, but not limited to, public notices or
notifications relating to permitting and closure activities. . -

(5) Issuance of Permit: A permit shall be issued to an applicant

on evidence satisfactory to the Director of compliance with the

provisions of the Act, .PnY applicable ~.tandards or requirements and

these rules.



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(a) Any permit shall contain such terms and conditions, including conditions requiring correct'ive action beyond .the facility boundary, as are deemed necessary by the Director to protect the
environment and the health of humans, and the Director may require
such testing C!-Ild ,construction supervision as he teems necessary to protect the environm~nt~ .and. the_ health''of :-humans. Any permit
issued subsequent~. to..'November .8 , .1984, shall contain conditions
requiring corrective action for any releases into the environment
of hazardous waste or hazardous constituents at the facility

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seeking a permit, regardless of the time at which waste was placed at such facility.

(b) Conditions Applicable to all Permits: 40 C.F.R. 270.30 (1996) i~heieby incorporated by reference.

(c) Establishing Permit Conditions: 40 C.F.R. 270.32 (1996) is hereby incorporated by reference.

(d) Schedules of Compliance: 40 C.F.R. 270.33 (1996) is hereby incorporated by reference.

(e) Requirements for Recording and Reporting of Monitoring Results: 40 C.F.R. 270.31 (1996) is hereby incorporated by reference.

(f) Effect of a Permit: 40 C.F.R. 270.4 (1996), as amended by 59 Fed. Reg. 62926 (Dec. 6, 1994), _is hereby incorporated by reference.

(g) Draft Permits: 40 C.F.R. 124.6 (a), (d) and (e) (1996) is hereby incorporated by reference.

(h) Fact Sheet: 40 C.F.R. 124.7 and 124.8 (1996) are hereby incorporated by reference.

(i) Deadlines for Issuance: In the case of all hazardous waste facilities in existence on November 8, 1984, the Director must make a decision to issue or deny a permit by the following dates:

1. By November 8, 1988, for all land disposal facilities;

2. By November 8, 1989, for all incinerators; and

3. By November 8, 1992, for all other hazardous waste facilities.

(6) Denial of Permit: In the event of denial of a permit

application, the Director shall send written notice of such action

to the applicant and shall set forth in such notice the reason for

the action. The denial of any permit by the Director shall become

final unless a petition for hearing in accordance with O.C.G.A.

12-8-73 (1996 and Supp. 1997) is filed.



(a) 40 C.F.R. 124.6 (b) (1996) is hereby .incorporated by reference.

(b) 40 C.F.R. 270.29 (1996).. is hereby incorporated by reference.
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(7) Amendment, Modification, Revocation or Suspension of Permit:

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(a) The Director may amend, modify, suspend or revoke any permit issued for cause, including but not limited to, the following:
1. viol~tion of any condition or provision of such permit or failure to comply with any final order of the Director;
2. failure to comply with the Act or these rules;
3. obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
4. when the permitted facility poses a threat to the environment or the health of humans.
(b) .In the event of amendment, modification, suspension or revocation of any permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.
(c) Modification, Revocation, Reissuance, or Termination of Permits: 40 C.F.R. 270.41, 270.43 and 124.5 (1996) are hereby incorporated by reference.
(d) Permit Modification at the Request of Permittee: 40 C.F.R. 270.42, and 124.5 (1996), as amended by 62 Fed. Reg. 6650 (Feb. 12, 1997), are hereby incorporated by reference.
(8) Transfer of Permits: Permits are not transferable from one person to another or from one site or facility to another unless such transfer is approved by the Director.
(a) 40 C.F.R. 270.40 (1996) is hereby incorporated by reference.
(9) Duration of Permit: A permit shall be effective for a fixed term not to exceed 10 years.
(a) Each permit for a land disposal facility shall be reviewed by the Director five years after the date of permit issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable requirements of these rules.
(10.) Special Forms of Permits: 40 C.F.R. 270.60 - 270.63, 270.65, and 270.66 (1996) are hereby incorporated by reference.
(11) Noncompliance and Program Reporting by the Director: 40 C.F.R. 270.5 (1996) is hereby incorporated by reference.
(12) Definitions Applicable to RCRA Permits: Definitions of words or terms applicable to RCRA permits as defined in 40 C.F.R. 270.2 (1996) are hereby incorporated by reference.
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(13) References: 40 C.F.R. 270.6 and 270.66 (1996) are hereby incorporated by reference.
Authority .o.c.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

391-3-11-.12 Znspection and Znvestigation. Amended.

(1) The Director or his authorized representative, upon presentation of his credentials, shall have a right to enter upon, to or through premises of persons subject to this Act, or premises whereon a violation of the Act or rules and regulations is reasonably believed to be occurring or is reasonably believed to be
about to occur, to investigate, take samples, copy all records relating to hazardous wastes, and inspect for compliance with the requirements imposed under the Act or the rules and regulations or to determine whether such a violation or threatened violation exists, in accordance with the following purposes:

(a) for the purpose of determining whether any person subject to the requirements of the Act is_in compliance with these rules;

(b) for the purpose of investigating conditions relating to hazardous waste management or hazardous waste management practices

where the Director is in possession of information sufficient to

form a reasonable belief that a violation of the Act or these rules is occurring or is about to occur; or

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(c) for the purpose of determining whether there has been a

violation of any ~f the provisions of the Act, or these rules, or

any permit or order issued pursuant to the Act and these rules.

(2) In the event any person does not consent to an inspection or investigation, the Director or his authorized representative may seek to obtain a warrant authorizing the inspection or investigation pursuant to O.C.G.A. 12-2-2 (d) (1996 and Supp.
1997).

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(3) Each such inspection or investigation shall be commenced and

completed with reasonable promptness. If the Director or his

authorized representatives obtain any samples pripr to leaving the

premises, he or t~ey shall give to the owner,. operator, or agent in

charge a receipt. describing the sample obtained.and, if requested,

a por.tion of each sample equa;L in volume or .weight to the portion

retained. If any analysis is made of such samples, a copy of the

results of such analysis.shal1 be furnished promptly to the owner,

operator, or agent in charge.



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(4) This Section of these rules shall be construed so as to be consistent with 3007(a) of the Federal Act, 42 U.S.C. 6927(a) (1995 and Supp. 1997).
Authority o.C.G.A. 12-8-60, et seq. (1996 and Supp. 1~97).

391-3-11-.13 Enforcement. Amended.

The administration and enforcement of these rules and regulations

shall be in accordance with the Georgia Hazardous Waste Management

Act, O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997) O.C.G.A.

12-2-1, et seq. (1996 and Supp. 1997); and the Georgia

Administrative Procedure Act, O.C.G.A. 50-13-1, et seq. (1994 and

Cum. S~pp. 199).

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Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

391-3-11-.14 Public Participation. Amended.
Interested persons may participate in the enforcement of the Georgia Hazardous Waste Management Act and these rules pursuant to the applicable provisions of the Georgia Hazardous Waste Management Act, O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997); O.C.G.A. 12-2-1, et seq. (1996 and Supp. 1997); the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et seq. (1994 and Cum. Supp. 1997); the Georgia Civil Practice Act, O.C.G.A. 9-11-1, et seq. (1993 and Cum. Supp. 199); or any other applicable provision of Georgia law.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).

391-3-11-.15 Availability of Znformation. Amended.

(1) The Director shall make disclosure of records to the public

within three working days of receipt of a request.for disclosure,

if and to the extent the requester:



(a) has filed a request in writing with the Director at 1252 Floyd Towers East, 205 Butler Street, S.E., Atlanta, Georgia 30334;

(b). has requested records which are subject to the Georgia Open Records Act, O.C.G.A. 50-18-70, et seq. (1994 and Cum. Supp. 1997); and

(c) has requested records that are not exempt from disclosure pursuant to state law, O.C.G.A. 50-18-70, .et seq .. (1994 and Cum. Supp. 199}, and O.C.G.A. 12-8-78 (a} (1996 and Supp. 1997}.

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{2) No fee shall be charged for record inspection. Reasonable fees for copying records may be charged . in accordance with procedures developed by the Director.
{3} If -a request to inspect or copy records is denied, the Directo'r shall furnish to the requester in writing the basis for the denial and a statement of the judicial remedies available to seek to obtain the requested records.
Authority O.C.G.A. 12-8-60, et seq. {1996 and Supp. 1997}.
391-3-11-.16 Land Disposal Restrictions. Amended.
40 C.F.R. Part 268 {199}, as amended by 61 Fed. Reg. 36419 {July 10, 1996}, 62 Fed. Reg. 1997 {Jan. 14, 1997), 62 Fed. Reg. 7504 {Feb. 19, 1997}, 62 Fed. Reg. 26018 (May 12, 1997}, and 62 Fed. Reg. 32977 (June 17, 1997}, is hereby incorporated by reference, except for 40 CFR 268.5, 268.6, 268.42{b}, and 268.44, which will be implemented by the U.S. Environmental Protection Agency.
Authority o.c.G.A. 12-8-60, et seq. (1996 and Supp. 1997}.
391-3-11-.17 Recycled Used Oil Management Standards. Amended.
40 C.F.R. Part 279 (1996} is hereby incorporated by reference.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997}.
391-3-11-.18 Standards for universal Waste Management. Amended.
40 C.F.R. Part 273 {1996} is hereby incorporated by reference.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997}.
391-3-11-.19 Standards for Management of Waste Mercury-Containing Lamps. Amended.
{f) Scope: This part establishes requirements for managing and handling waste mercury-containing lamps as defined in 391-3-11.19 {3} . This part provides an alternate set of management standards in lieu of regulation under 40 CFR Parts 260-272.
{2} Applicability: Waste Mercury-Containing Lamps:
(a} Waste mercury-containing lamps covered under 391-3-11-.19. The requirements of this part apply to persons handling waste mercury-containing lamps as described in 391-3-11-.19(2}, which would otherwise be considered hazardous waste under 40 CFR Part 261;
13

(b) Generation of waste mercury containing lamps. A mercury-

containing lamp becomes a waste on the.date it is discarded or is

permanently removed from its fixture and can no longer be used to

provide lighting.



I
{3) Definitions: Unless otherwise defined in this chapter, the definition of all terms included in the Georgia Hazardous Waste Management Act, O.C.G.A. 12-8-60 et. seq. {1996 and Supp. 1997), as amended, and in the Rules for Hazardous. Waste Management, section 391-3-11-.02, shall have the same meaning in this section 391-3-11-.19. When used in this section 391-3-11-.19, the following terms shall have the meaning given below:

{a) Closure or Closed means the assessment, remedial action or abatement needed to identify, remove and properly dispose or
recycle all discarded lamps, mercury-containing residuals or
contaminated media from destination facilities after the date of cessation of operations.

(b) Destination facility means a facility that treats, disposes
of, or recycles a particular category of waste mercury-containing lamps, except those management activities described in 391-3-11-.19 (4) (d) and 391-3-11-.19(5) {d). A facility at which a particular
category of waste mercury-containing lamps are only accumulated, is not a destination facility for purposes of managing waste mercurycontaining lamps.

(c) Generator means any person, by site, whose act or process
produces hazardous waste identified or listed in 40 cfr part 261 or whose act first causes a hazardous waste to become subject to regulation.

(d) Large Quantity Handler of waste mercury-containing lamps means a waste mercury-containing lamps handler (as defined in this
section) who accumulates 5,000 kilograms or more total of waste mercury-containing lamps at any time. This designation as a large quantity handler of waste mercury-containing lamps is retained through the end of the calendar year in which 5,000 kilograms or more total of waste mercury-containing lamps is accumulated.

(e) Waste mercury-containing lamp means any type of high or low pressure lighting device that is unprocessed, contains mercury and generates light through the discharge of electricity either directly or indirectly through a fluorescing coating. The term waste mercury-containing lamp includes fluorescent lamps, mercury lamps, metal halide lamps and high pressure sodium lamps.

(f) On-site means the same or geographically contigUous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along the right of way. Noncontiguous properties owned by the same person but connected by a right-of-way, which he controls and

14

to which the public does not have access, are also considered onsite property.
(g) Small quantity Handler of waste mercury-containing lamps means a.waste mercury-containing lamp handler (as defined in this section) who does not accumulate more than 5,000 kilograms total of waste mercury-containing lamps at any time.
(h) Waste mercury-containing lamps handler:
1. Means:
(i) A generator (as defined in this section) of waste mercurycontaining lamps; or
(ii) The owner or operator of a facility, including all contiguous property, that receives waste mercury-containing lamps from other waste mercury-containing lamp handlers, accumulates waste mercury-containing lamps, and sends waste mercury-containing lamps to another waste mercury-containing lamp handler, or to a destination facility.
2. Does not mean:
(i} A person who treats, disposes of, or recycles waste mercurycontaining lamps; or
(ii) A person engaged in the offsite transportation of waste mercury-containing lamps by air, rail, highway, or water, including a waste mercury-containing lamp transfer facility.
(i) Waste Mercury-containing Lamp Transfer Facility means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of waste mercury-containing lamps are held during the normal course of transportation for ten days or less.
( j) Waste Mercury-containing Lamp Transporter .means a person engaged in the off-site transportation of waste mercury-containing lamps by air, rail, highway, or water.
(4) Standards for Small Quantity Handlers of Waste MercuryContaining Lamps:
(a) Applicability: This subpart applies to small quantity handlers of waste mercury-containing lamps [as defined in 391-311-.19 (3)].
(b) Prohibitions: A small quantity handler of waste mercurycontaining lamps is:
1. Prohibited from disposing of waste mercury-containing lamps;
15

2. Prohibited from diluting or treating waste mercury-containing lamps, except by responding to releases as provided in 391-3-11.19(4) (h); or by managing specific wastes as provided in 391-3-11.19 (4) (d); and
3 . Prohibited from accumulating over 12,000 waste mercurycontaining lamps anytime.
4. Prohibited from accumulating greater than 5, 000 kilograms total of universal waste (as defined at 40 CFR Part 273.6) and waste mercury-containing lamps, calculated collectively, at any time.
(c) Notification: A small. quantity handler of waste mercurycontaining lamps is not required to notify the Director of waste mercury-containing lamps handling activities.
(d) Waste management:
1. Waste Mercury-containing lamps: A small quantity handler of waste mercury-containing lamps must manage waste mercury-containing lamps in a way that prevents releases of any. waste mercurycontaining lamps or a component of a waste mercury-containing lamp to the environment, as follows:
(i) A small quantity handler of waste mercury-containing lamps must contain in a container any waste mercury-containing lamps that show evidence of leakage, spillage, or damage that could cause mercury to escape. The container must be closed, structurally sound, compatible with the contents of the waste mercury-containing lamps, and must lack evidence of leakage, spillage, or damage that could cause leakage.
(ii) Unbroken waste mercury-containing lamps must be transported in containers or in containers secured on pallets to prevent leakage, spillage, or damage. The waste mercury-containing lamps should not be secured with any filler, structure or adhesive material inside the container unless required by the destination facility.
(.iii) Broken or unbroken waste mercury-containing lamps which are packaged appropriately shall be placed in the facility or a vehicle that is closed, structurally sound, compatible with the waste mercury-containing lamp and that lacks evidence of leakage, spillage, or damage that could cause leakage.
(e) Labeling/marking:
1. A small quantity handler of waste mercury...;containing lamps must label or mark the waste mercury-containing lamps to identify the type of waste mercury-containing lamps as specified below:
(i) A container containing waste mercury-containing lamps must be
16

labeled or marked clearly with any one of the following phrases: "Waste Mercury-Containing Lamps", or "Used Mercury-Containing Lamps".
{f) Accumulation time limits:
1. A small quantity handler of waste mercury-containing lamps may accumulate waste mercury-containing lamps for no longer than one year from the date the waste mercury-containing lamps are generated, or received from another handler, unless the requirements of paragraph {2) of this section are met.
2 . A small quantity handler of waste mercury-containing lamps may accumulate waste mercury-containing lamps for longer than one year from the date the waste mercury-containing lamps are generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of waste mercurycontaining lamps as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity is solely for the purpose of accumulation of such quantities of waste mercury-containing lamps as necessary to facilitate proper recovery, treatment, or disposal.
3 . A small quantity handler of waste mercury-containing lamps who accumulates waste mercury-containing lamps must be able to demonstrate the length of time that the waste mercury-containing lamps have been accumulated from the date they become a waste or are received. The handler may make this demonstration by:
{i) Placing the waste mercury-containing lamps in a container and marking or labeling the container with the earliest date that any waste mercury-containing lamps in the container became a waste or were received;
{ii) Maintaining an inventory system on-site that identifies the earliest date that any waste mercury-containing lamps in a group of waste mercury-containing lamp items or a group of waste containers of waste mercury-containing lamps became a waste_or were received;
{iii) Placing the waste mercury-containing lamps in a specific accumulation area and identifying the earliest date that any waste mercury-containing lamps in the area became a waste or was received; or
{i v) Any other method which clearly demonstrates the length of time that the waste mercury-containing lamps have been accumulated from the date they became a waste or were received.
{g) Employee training: A small quantity handler of waste mercurycontaining lamps must inform all employees who handle or have responsibility for managing waste mercury-containing lamps. The information must describe proper handling and emergency procedures
17

appropriate to containing a spill or release of waste mercurycontaining lamps handled at the facility.
(h) Response to releases:
1. A s' mall quantity handler of waste mercury-containing lamps must immediately contain all releases ofwaste mercury-containing lamps and other residues.
2. A small quantity handler of waste mercury-containing lamps must determine whether any material resulting from the release is hazardous waste, and if so, must manage the hazardous waste in compliance with all applicable requirements of 40 CFR Parts 260 through 272. The handler is considered the generator of the material resulting from the release, and must manage it in compliance with 40 CFR Part 262.
(i) Off-site shipments:
1. A small quantity handler of waste mercury-containing lamps is prohibited from sending or taking waste mercury-containing lamps to a place other than another waste mercury-containing lamps handler, or a destination facility.
2. If a small quantity handler of waste mercury-containing lamps self-transports waste mercury-containing lamps off-site, the handler becomes a waste mercury-containing lamps transporter for those self-transportation activities and must comply with the transporter requirements of 391-3-11-.19(6) while transporting the waste mercury-containing lamps.
3. If waste mercury-containing lamps being offered for off-site transportation meet the definition of hazardous materials under 49 CFR Parts 171 through 180, a small quantity handler of waste mercury-containing lamps must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR Parts 172 through 180;
4. Prior to sending a shipment of waste mercury-containing lamps to another waste mercury-containing lamps handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.
5. If a small quantity handler of waste mercury-containing lamps sends a shipment of waste mercury-containing lamps to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler must either:
(i) Receive the waste back when notified that the shipment has been rejected, or
18

(ii) Agree with the receiving handler on a destination facility to which the shipment will be sent.
6. A small quantity handler of waste mercury-containing lamps may reject ~ shipment containing waste mercury-containing lamps, or a portion of a shipment containing waste mercury-containing lamps that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he must contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler must:
(i) Send the shipment back to the originating handler, or
(ii) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.
7. If a small quantity handler of waste mercury-containing lamps receives a shipment containing hazardous waste that is not a waste mercury-containing lamp, the handler must immediately notify the Director of the i1legal shipment, and provide the name, address, and phone number of the originating shipper. The Director shall provide instructions for managing the hazardous waste.
8. If a small quantity handler of waste mercury-containing lamps receives a shipment of non-hazardous, non-mercury-containing lamps, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(j) Tracking waste mercury-containing lamp shipments: A small quantity handler of waste mercury-containing lamps is not required to keep records of shipments of waste mercury-containing lamps.
(k) Exports to a foreign destination: The requirements of 391-311-.19 do not apply to exports of waste mercury-containing lamps.
(5) Standards for Large Quantity Handlers of Waste MercuryContaining Lamps:
(a) Applicability: This subpart applies to large quantity handlers of waste mercury-containing lamps.
(b) Prohibitions: A large quantity handler of waste mercurycontaining lamps is:
1. Prohibited from disposing of waste mercury-containing lamps;
2. Prohibited from diluting or treating waste mercury-containing lamps except by responding to releases as provided in 391-3-11.19(5) (h); or by managing specific wastes as provided in 391-3-11. 19 (5) (d) ; and
3. Prohibited from accumulating over 12,000 waste mercurycontaining lamps anytime from other handlers without having a:
19

(i) closure plan:

(ii) trust fund equivalent to the cost to treat/dispose of such material properly;
a I
(iii) contract (including pricing) with an approved destination facility; and

(iv) insurance reflecting DOT regulations to transport hazardous materials.

(c) Notification:.

1. A large quantity handler of waste mercury-containing lamps must bave sent written notification of waste mercury-containing lamps management to the Director, and received an EPA Identification Number I before meeting or exceeding the 5 I 000 kilogram storage limit. A large quantity handler of waste mercurycontaining lamps who has already notified the Director of his hazardous waste management activities and has received an EPA
Identification Number is not required to renotify under this
section.

2. This notification must include:.

(i) The waste mercury-containing lamps handler's name and mailing

address;



(ii) The name and business telephone number of the person at the waste mercury-containing lamp handler's site who should be contacted regarding waste mercury-containing lamps management activities;

(iii) The address or physical location of the waste mercurycontaining lamps management activities;

(iv) A list of all of the types of waste mercury-containing lamps managed by the handler; and

(v) A statement indicating that the handler is accumulating more
than 5,000 kilograms of waste mercury-containing lamps at one time
and the types of waste mercury-containing lamps the handler is
accumulating above this quantity.

(d) Waste Management:

1. waste mercury-containing lamps: . A large quantity handler of waste mercury~containing lamps must manage waste mercury-containing lamps in a way that prevents releases of any 'waste mercurycontaining lamps or any component of waste mercury-containing lamps to the environment, as follows:

20

(i) A large quantity handler of waste mercury-containing lamps must contain in a container any waste mercury-containing lamps that
show evidence of leakage, spillage, or damage that could cause
mercury to escape. The container must be closed, structurally
sound, compatible with the contents of the waste mercury-containing lamps, and must lack evidence of leakage, spillage, or damage that could cause leakage.

(ii) Unbroken waste mercury-containing lamps must be transported in containers or in containers secured on pallets to prevent leakage, spillage, or damage. The waste mercury-containing lamps should not be secured with any filler, structure or adhesive material inside the container unless required by destination facility.

(iii) Broken or unbroken waste mercury-containing lamps which are packaged appropriately shall be placed in the facility or a vehicle that is closed, structurally sound, compatible with the waste
mercury-containing lamp and that lacks evidence of leakage, spillage, or damage that could cause leakage.

(e) Labeling/marking:

1. A large quantity handler of waste mercury-containing lamps
must label or mark the waste mercury-containing lamps as specified below:

(i} A container containing waste mercury-containing lamps must be
labeled or marked clearly with any one of the following phrases:
waste Mercury-Containing Lamps or -used Mercury-Containing Lamps.

(f) Accumulation time limits:

1 . A large quantity handler of waste mercury-containing lamps may accumulate waste mercury-containing lamps for no longer than one
year from the date the waste mercury-containing lamps are generated, or received from another handler, unless the
requirements of paragraph 2. of this section are met.

2. A large quantity handler of waste mercucy-containing lamps may accumulate waste mercury-containing lamps for l0nger than one year from the date the waste mercury-containing lamps are generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of waste mercurycontaining lamps as _necessary ._to facilitate proper .recovery, treatment, or disposal .. :However, the handler bears the burden of proving that such activity: was solely ..for the purpose of
accumulation ofsuch quantities of waste mercury-containing lamps as necessary to facilitate proper recovery, treatment, or disposal .

....1 , .

.,

. l

21

3. A large quantity handler of waste mercury-containing lamps must be able to demonstrate the length of time that the waste mercury-containing lamps have been accumulated from the date they become a waste or are received. The handler may make this demonstratlon by:
(i) Placing the waste mercury-containing lamps in a container and marking or labeling the container with the earliest date that any waste mercury-containing lamps in the container became a waste or were received;
(ii) Maintaining an inventory system on-site that identifies the date the waste mercury-containing lamps being accumulated became waste or were received;
(iii) Maintaining an inventory system on-site that identifies the earliest date that any waste mercury-containing lamps in a group of waste mercury-containing lamps or a group of containers of waste mercury-containing lamps became waste or were received;
(iv) Placing the waste mercury-containing lamps in a specific accumulation area and identifying the earliest date that any waste mercury-containing lamps in the area became waste or were received; or
(v) Any other method which clearly demonstrates the length of time that the waste mercury-containing lamps have been accumulated from the date they become waste or are received.
(g) Employee training: A large quantity handler of waste mercury-containing lamps must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures including containing a spill or release, relative to their responsibilities during normal facility operations and emergencies.
(h) Response to releases:
1. A large quantity handler of waste mercury-containing lamps must immediately contain all releases of waste mercury-containing lamps and other residues from waste mercury-containing lamps.
2. A large quantity handler of waste mercury-containing lamps
must .determine whether any material resulting from the release is hazardous waste, and if so, must manage the hazardous waste in
compliance with all applicable requirements of 40 CFR Parts 260
through 272. The handler is considered the .generator of the material resulting from the release, and is subject to 40 CFR Part
262.
(i) Off-site shipments:
22

1. A large quantity handler of waste mercury-containing lamps is

prohibited from sending or taking waste mercury-containing lamps to

a place other than another waste mercury-containing lamps handler,

or a dest~nation facility.





a 2. If large quantity handler of waste mercury-containing lamps
self-transports waste mercury-containing lamps off-site, the handler becomes a waste mercury-containing lamps transporter for those self-transportation activities and must comply with the
transporter requirements of 391-3-11-.19(6) while transporting the waste mercury-containing lamps.

3. If waste mercury-containing lamps being offered for off-site transportation meets the definition of hazardous materials under 49 CFR Parts 171 through 180, a large quantity handler of waste mercury-containing lamps must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR Parts 172 through 180;

4. Prior to sending a shipment of waste mercury-containing lamps to another waste mercury-containing lamps handler, the originating handler must ensure that the receiving handler agrees to receive
the shipment.

5. If a large quantity handler of waste mercury-containing lamps

sends a shipment of waste mercury-containing lamps to another

handler or to a destination facility and the shipment is rejected

by the receiving handler or destination facility, the originating

handler must either:



(i) Receive the waste back when notified that the shipment has been rejected, or

(ii) Agree with the rece~v~ng handler on a destination facility to which the shipment will be sent.

6. A large quantity handler of waste mercury-containing lamps may

reject a shipment containing waste mercury-containing lamps, or a

portion of a shipment containing waste mercury-containing lamps

that he has received from another handler. If a handler rejects a

shipment or a portion of a shipment, he must contact the

originating handler to notify him of the rejection and to discuss

reshipment of the load. The handler must:



(i) Send the shipment back to the originating handler, or

(ii) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

7. If a large quantity handler of waste mercury-containing lamps receives a shipment containing hazardous waste that is not waste mercury-containing lamps, the handler must immediately notify the

23

Director of the illegal shipment, and provide the name, address, and phone number of the originating shipper. .The Director will provide instructions for managing the hazardous waste.
8. If a large quantity handler of waste mercury-containing lamps receives a shipment of non-hazardous, non-mercury-containing lamps, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(j} Tracking waste mercury-containing lamps shipments:
1. Receipt of shipments. A large quantity handler of waste mercury-containing lamps must keep a record of each shipment of waste mercury-containing lamps received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of waste mercury-containing lamps received must include the following information:
(i} The name and address of the originating waste mercurycontaining lamps handler from whom the waste mercury-containing lamps were sent;
(ii} The quantity of each type of waste mercury-containing lamp received;
(iii} The date of receipt of the shipment of waste mercurycontaining lamps.
2. Shipments off-site. A large quantity handler of waste mercurycontaining lamps must keep a record of each shipment of waste mercury-containing lamps sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of waste mercury-containing lamps sent must include the following information:
(i} The name and address of the waste mercury-containing lamps handler, destination facility, or foreign destination to whom the waste mercury-containing lamps was sent;
(ii} The quantity of each type of waste mercury-containing lamp sent; and
(iii} The date the shipment of waste mercury-containing lamps left the facility.
3. Record retention:
(i} A large quantity handler of waste mercury-containing lamps must retain the records described in paragraph (i) of this section for at least three years from the date:of receipt of a shipment of waste mercury-containing lamps.
24

(ii) A large quantity handler of waste mercury-containing lamps must retain the records described in paragraph 2. of this section for at least three years from the date a shipment of waste mercurycontaining lamps left the facility.
I'
(k) Exports to a foreign destination. Exporters of waste mercury-containing lamps are subject to 40 CPR Part 262.
(6) Standards for Waste Mercury-containing Lamps Transporters:
(a) Applicability: This subpart applies to waste mercurycontaining lamps transporters (as defined in Chapter 391-3-11. 19 (3) .
(b) Prohibitions:
1. A waste mercury-containing lamps transporter is:
(i) Prohibited from disposing of waste mercury-containing lamps;
(ii) Prohibited from diluting or treating waste mercurycontaining lamps, except by responding to releases as provided in Chapter 391-3-11-.19(6).(e); and
(iii} Prohibited from intentionally breaking waste mercurycontaining lamps it is transporting; and
(iv) Prohibited from transporting waste mercury-containing lamps unless the transporter has notified the Director, in writing, of its intent no later than March 1 of each calendar year.
(c) Waste management:
1. A waste mercury-containing lamps transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CPR Part 171 through 180 for transport of any waste mercurycontaining lamps that meets the definition of hazardous material in 49 CPR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 , CPR Part 262. Because waste mercury-containing lamps do not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.
2. Some waste mercury-containing lamp materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CPR 173.2. As waste mercury-containing lamps shipments do not require a manifest under 40 CPR Part 262, they may not be described by the DOT proper shipping mime ''hazardous waste, (1) or (s}, n.o.s.'', nor may the hazardous material's proper shipping name be modified by a~ding the word ''waste''.
25

(d) Storage time limits:

1. A waste mercury-containing lamps transporter may only store the waste.mercury-containing lamps at a waste mercury-containing lamps transfer facility for ten days or less.

2. If a waste mercury-containing lamps transporter stores waste mercury-containing lamps for more than ten days, the transporter becomes a waste mercury-containing lamps handler and must comply with the applicable requirements of 391-3-11-.19(4} or (5} while Storing the waste merCUrY-COntaining lamps.

(e) Response to releases:
,..
1. A. waste mercury-containing lamps transporter must immediately contain all releases of waste mercury-containing lamps and other residues from waste mercury-containing lamps.

2. A waste mercury-containing lamps transporter must determine
whether any material resulting from the release is hazardous waste, and if so, it is subject toall applicable requirements of 40 CFR Parts 260 through 272. If the waste is determined to be a hazardous waste, the transporter is subject to 40 CFR Part 262.

(f) Off-site shipments:

1. A waste mercury-containing lamps transporter is prohibited from transporting the waste mercury-containing lamps to a place
other than a waste mercury-containing lamps handler or a destination facility.

2. If the waste mercury~containing lamps being shipped off-site meets the Department .of Transportation's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR Part 172.

(g) Exports to a foreign destination: Exporters of waste mercury-containing lamps are subject to the requirements of 40 CFR Part 262.

(h) Additional Requirements:

1 . .A waste mercury-containing lamps transporter:

(i} shall only use trucks that are totally enclosed and in good condition for the t~sport,of waste merqury-containing lamps; or

(ii} may useanother.mode of.transportation that complies with

the United States Department of Transportation's regulations and

provides the same level of containment as a totally enclosed truck;

and

.. ':

'1,

. ,r .

26

"
(iii) may store properly packaged waste mercury-containing lamps within totally enclosed trucks, which are used in the actual transportation of such waste mercury-containing lamps from a generator location to a facility, as long as the maximilm amount of time from receipt of these waste mercury-containing lamps from the first generator to the delivery of these waste mercury-containing lamps to a facility specified in paragraph 2. below does not exceed 10 days; and
(iv) shall train all its drivers in the proper handling and emergency cleanup and containment procedures applicable to the transport of waste mercury-containing lamps. The vehicles used to transport the waste mercury-containing lamps shall, when not in use, be parked at its business location for inspection upon request by the_ Director or his authorized representative.
2. For individual shipments in excess of 1,000 bulbs or more per generator, handler or storage facility location, a waste mercurycontaining lamps transporter shall issue and keep copies of the shipping papers or electronic documents that shall accompany each shipment of waste mercury-containing lamps. Copies will be kept for a period of three years from the shipment dates at its business location, and will be made available for inspection upon request by the Director or his authorized representative. Copies of the shipping papers or the shipment tracking number shall be provided to the generator, handler, or storage facility initiating the shipment. The shipping paper or electronic document shall contain at a minimum the following information:
(i) The generator, handler or storage facility's name and address:
(ii) A shipping description which indicates the type of waste mercury-containing lamps and the amount being shipped;
(iii} The date of shipment and shipment tracking number in the case of an electronic document:
(iv) The transporter's name:
(v) The receiving facility's permit number; and
(vi) A place for the receiving facility representative's sign~ture and date of receipt to be placed.
(7) Standards for Destination Facilities:
(a) Applicability:
1. The owner or operator of a destination facility (as defined in Chapter 391-3-11-.19(3) is subject to all applicable requirements
of 40 CFR Parts 262, 264, 265, 266, 268, 270, and 124 of these rules.
27

,.
2. The owner or operator of a destination facility that recycles waste mercury-containing lamps without storing the waste mercurycontaining lamps before they are recycled must comply with 40 CFR
261.6(cl(2).

(b) Off-site shipments:

1. The owner or operator of a destination facility is prohibited from sending or taking waste mercury-containing lamps to a place other than a waste mercury-containing lamps handler, or another destination facility.

2. The owner or operator of a destination facility may reject a

shipment containing waste mercury-containing lamps, or a portion of

a shipment containing waste mercury-containing lamps. If the owner

or operator of the destination facility rejects a shipment or a

portion of ashipment, he must contact the shipper to notify him of

the rejection and to discuss reshipment of the load. The owner or

operator of the destination facility must:



(i) Send the shipment back to the original shipper, or

(ii) If agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another
destination facility.

3. If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not waste mercurycontaining lamps, the owner or operator of the destination facility must immediately notify the Director of the illegal shipment, and provide the name, address, and phone number of the shipper. The Director will provide instructions for managing the hazardous
waste.

4. If the owner or operator of a destination facility receives a shipment of non-hazardous, non-mercury-containing lamps, the owner or operator may manage the waste in any way that is in compliance with applicable federal or state solid waste regulations.

(c). Tracking waste mercury-containing lamps shipments:

'

'

.. ;

'

. . .

.

.

1. The owner or operator of a destination facility must keep a

record of each shipment of waste mercury-containing lamps received

at the facility. The record may take the form of a log, invoice,

manifest, bill of lading, or other shipping document. The record

for each shipment of waste mercury-containing lamps received must

include the following information:

(i) The name and address of the waste mercury-containing lamps handler or destination facility;

(ii) The quantity of waste mercury-containing lamps received;

28

(iii) The date of receipt of the shipment of waste mercurycontaining lamps.
2. The owner or operator of a destination facilitymust retain the records described in paragraph {a) of this section for at least three years from the date of receipt of a shipment of waste mercury-containing lamps.
(d) Waste Management:
1. A destination facility shall process waste mercury-containing lamps on-site and convert them into recovered materials such as: metal, glass, powder and liquid mercury through distillation or retorting;
2. A destination facility shall reclaim a minimum of 95%, by
weight, of the mercury from waste mercury-containing lamps introduced into its process within 90 days of processing such lamps;
3. A destination facility's reclamation process shall generate liquid mercury that is 99% or more in purity;
4. A destination facility shall have the capability to recover mercury from high intensity discharge lamps on-site;
5. A destination facility shall have procedures and equipment to manage a mercury spill;
6. Destination facilities shall routinely (i.e., a minimum of twice a week) monitor internal air quality for mercury vapor;
7. Destination facilities' lamp processing/reclamation equipment shall be operated in a designated room with sealed concrete floors and under negative pressure;
8. The destination facility's processing area shall use air pollution control technology to control mercury vapor and dust;
9. The destination facility shall have a written health and safety plan in accordance with OSHA regulations;
10. A destination facility shall establish and conduct medical surv~illance for_operations employees;
11. A destination facility shall establish a respiratory protection plan if respirators are used by operations employees;
a 12. A destination facility shall develop written contingency
plan;
13. The destination facility shall demonstrate that it can recover a minimum of 95%, by weight, of. the mercury from waste
29

mercury-containing lamps and devices that are recycled during a calendar year;
14. Tpedestination facility shall test and determine whether processed materials, except for liquid mercury that is a minimum of 99% or more in purity, are a solid waste and/or hazardous waste.
(i) Processed materials (e.g., glass, metal, powder) that are in excess of 0.2 mg/L TCLP level for mercury shall either be retested, reprocessed or delivered to another destination facility for further treatment or to a treatment, storage or disposal facility.
(ii) The processed material's mercury content shall be demonstrated through sampling and analytical testing of these materials for total mercury as follows:
(I) Facility operators shall take daily physical samples of the waste mercury-containing materials at the point at which they exit the processing equipment.
(II) At the beginning of each bi-weekly interval, the prior biweekly's daily samples shall be consolidated into a bi-weekly sample which shall be submitted for chemical analysis of total mercury content using an approved EPA methodology. The result of this analysis shall be considered the nbi-weekly composite sample of process operations". A TCLP for mercury shall be run on each of the bi-weekly composites if the total mercury value warrants it.
15. Destination facilities shall not store quantities of unprocessed materials that exceed the storage limits specified in its operating permit.
16. (i) All owners and operators of destination facilities shall;
(I) Have established markets for the utilization of reclaimed materials and be able to identify these markets to the Director within 12-months of operation;
(II) Only introduce into the processing equipment waste mercurycontaining lamps for which the equipment was specifically designed to process, and operate and maintain processing equipment consistent with the equipment manufacturer's specifications;
(III) Inspect their facilities for malfunctions and deterioration, and discharges which may cause, or lead to a release of hazardous materials into the environment or which might lead to a threat to human health or the environment.
(IV) Develop and submit to the Director written schedules for inspecting processing equipment, safety and monitoring equipment, emission control equipment and emergency response equipment;
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(V) Submit to the Director and implement a written quality control plan; and
(VI) Keep records of inspections (logs) which shall include date and time of inspections, name of the inspector, a notation of observations made, and the date and nature of any repairs made or other remedial actions taken. The logs or records must be kept for a minimum of three years from the date of inspection.
(ii) Owners and operators shall install, operate, monitor and maintain air pollution control equipment as to reduce dust and mercury emission from the processing equipment, processing operations and in the processing area.
(iii) OWners and operators shall store unprocessed materials indoors in closed containers to prevent breakage of waste mercurycontaining lamps prior to further processing or use other means to prevent mercury emissions.
(iv) Processed materials shall be stored indoors in covered containers.
(v) Owners and operators shall cease operations and notify the Director when not in compliance with provisions of this Section.
(vi) Owners and operators shall notify the Director of modifications or alterations to the operations or equipment which do not conform to the approved permit.
(vii) Owners and operators shall keep and maintain copies of shipping documents, including shipping papers and logs detailing shipments received from exempt transporters, hazardous waste manifests and any documents disclosing shipping discrepancies. Such records shall be kept at the facility location for a period of three years from the dates of receipt or shipment and shall be made available to the Director upon request, and shall include the following information:
(I) The dates, amounts, and generators of materials received for processing;
(II) The dates, amounts and locations of materials shipped offsite for further processing or disposal; and
(III) Any other information that indicates the ultimate disposition of the processed materials.
(viii) Owners and operators shall submit annual reports to the Director due March 1 of each year for activities performed in the previous calendar year, that shall include the following information:
(I) Total types and amounts of waste mercury-containing lamps
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received by the facility for processing;
(II} Amounts, by destination, of materials shipped off-site for further pr_ocessing, recycling, treatment, storage or disposal; and
(III} Total amounts and descriptions .of any unprocessed and processed materials stored at the facility at the beginning and the end of the reporting period;
(ix} Within two weeks of any emergency, the operator of the facility shall submit to the Director a written report on the
emergency, that shall include a description of the origin or cause
of the emergency, the actions taken to deal with the emergency, the results of those actions taken, and an analysis of the success or failure of the actions.
(x} Facilities shall ensure that recyclable materials that are generated from its operation are of commercial grade and are
suitable for their intended end use. Facilities shall notify in
writing receiving sources of the processed materials, except for commodity grade mercury, of the potential or actual content of any mercury present in these materials.
(e) Labeling Storage Areas for waste mercury-containing lamps: A destination facility for waste mercury-containing lamps must clearly and visibly label the storage area with the words "waste mercury-containing lampsn.
{f) Accumulation time limits for waste mercury-containing lamps: A destination facility may accumulate waste mercury-containing lamps for no longer than 180 days from the date the waste mercurycontaining lamps are generated on-site, or received from another handler or storage facility.
(g) Employee training for waste mercury-containing lamps:
1. All destination facility personnel must receive classroom and on-the-job training that teaches them to perform their duties safely and to ensure compliance with RCRA and OSHA requirements. Training should include topics such as, but not limited to: OSHA training; employee right-to-know; general safety; forklift; personal protective equipment, lockout/tagout; emergency procedures; DOT training and hazardous waste management. Faci~ities shall maintain written records of the successful training and the type and nature of the training provided for each employee, for a period of three years from the date an employee last worked at the facility.
2. Certifying that employees handling waste .mercury-containing
lamps are trained in the proper handling and emergency cleanup and
containment procedures applicable to the storage of waste mercurycontaining lamps and that these emergency procedures will be kept
at its business location for inspection upon request by the
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Director or his authorized representative.
(h) Insurance and financial assurance for waste mercurycontaining lamps:
1. A closure plan meeting the reqUirements of 40 CFR Part 264 Subpart G, shall be developed by the destination facility;
2. A trust fund shall be in place within 6-months from beginning
operations with sufficient funds to cover the cost of closure developed in 1. above;
3. The destination facility shall carry at least $1,000,000 of general liability and $1,000,000 of pollution liability insurance from a vendor rated A or better by A.M. Best Company, Inc.
(i) Tracking waste mercury-containing lamps by destination facility.
1. A destination facility must keep (at least three years) and maintain copies of all shipping documents;
2. Shipping papers/computer records must be maintained for every generator and transporter hauling items to a destination facility;
3. Shipping papers/computer records shall include: delivery date; customer's name, address, telephone number and contact; and quantity of waste mercury-containing lamps received;
4. The destination facility will track annually the total type and amount of waste mercury-containing lamps received;
5. The destination facility will also track annually the quantity and type of recovered materials shipped off-site for processing, recycling or disposal.
(j) Prohibitions regarding waste mercury-containing lamps.
Destination facilities are prohibited from:
1. Diluting waste mercury-containing lamps and disposing in a landfill or an incinerator;
2. Locating in a 100-year flood plain;
3. Storing quantities of waste mercury-containing lamps that exceed the accumulation time specified under 391-3-11-.19(7) (f); and
4. Using a mobile system to treat waste mercury-containing lamps unless it receives written approval from the Director.
Authority O.C.G.A. 12-8-60, et seq. (1996 and Supp. 1997).
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