Land Division

Land Division
Regulatory Update
Phillip Davis
Chief, Land Division
Manufacture Alabama
Environmental Conference
November 7, 2012
Presentation Overview
A look at emerging issues and program
changes at both the State and National level
that have the potential to significantly impact
regulated entities and the Land Division’s
Land Division
Management Changes
Solid Waste Branch: Eric Sanderson
Industrial HW Branch: Chip Crockett
Governmental HW Branch: Stephen Cobb
Environmental Services Branch: Larry Bryant
Groundwater Branch: Sonja Massey
Coal Ash
• Possible regulatory outcomes
National regulation under RCRA Subtitle C
National regulation under RCRA Subtitle D
Statutory regulation via Coal Ash Recycling and
Oversight Act of 2012 (S. 3512)
• Prediction ???
EPA Involvement
• EPA participation on joint/oversight hazardous
waste inspections
• EPA may take more enforcement leads on
certain facilities with violations of federal
• Round 3 of the State Review Framework
Enforcement data management
Penalty calculations/determinations
Alabama - Spring 2013
Alabama UECA Revisions
• In 2011, the Alabama Legislature exempted
underground and above-ground petroleum
tanks from the UECA requirements
• ADEM has placed on public notice changes
to Division 5 UECA regulations that exclude
tanks from the Rule and that clarifies the
meaning of the existing Rule
• Public Hearing on regulation revisions to be
held December 13 in Montgomery
Recycling Facility
• Adopted in 2010
• Registrations instead of permits
• Includes storage, material exposure,
recordkeeping and reporting requirements
• Certain exemptions based on NPDES BMP’s
• Secure, confidential, on-line reporting system,
ReTRAC, undergoing beta testing
• Target date of January 1 for roll out
Solid Waste Study
• Two-year landfill permit moratorium
Enacted in 2011
Extended to May 31, 2014 in 2012
Applicability based on size and permitted volume
• Charged ADEM to evaluate current solid
waste permitting process
• ADEM hired Auburn University to gather
public and stakeholder input
• Draft report anticipated in February 2013
Questions & Comments
Contact Info
Phil Davis, Chief
ADEM – Land Division
(334) 271-7730
[email protected]

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