Association of County Engineers of Alabama 2018 Annual Conference ADEM Update Association of County Engineers of Alabama 2018 Annual Conference adem.alabama.gov

Overview ADEM Budget Scrap Tire ROW Cleanup Program Recycling Grants UST Regulation Changes Hazardous Waste Regulation Update Biosolids Issues

ADEM Budget ~65 Million overall budget FY 2019 General Fund Budget $575,000 allocated to CAFO Level GF funding from FY 2018 Majority of funding from federal grants, permit fees, and user driven fees (UST, Scrap Tire, Solid Waste, Title V) No currently proposed increase in permit fees (last increase 2016)

Scrap Tire ROW Program Update adem.alabama.gov 4

Discarded Scrap Tires on ROW

ADEM Scrap Tire ROW Cleanup Program Activities 2011-April 2018 Removed ~ 915,000 PTE from county rights-of-way Reimbursed counties ~ $6.0 million ~55 Counties participating currently

ADEM Scrap Tire ROW Cleanup Program All current agreements set to expire September 30, 2018 ADEM to send new agreements beginning early summer 2018 3 year term $150,000 funding No changes to scope of services planned

ADEM ST ROW Cleanup Program No matching funds required to participate Eligible expenses include: Scrap tire collection and disposal costs Personnel costs Transportation/equipment use costs Partnerships with municipalities within the county/local non-profits also eligible (i.e. Adopt-a-Mile, Adopt-a-Stream, etc.)

ADEM ST ROW Cleanup Program “YES” it really is that simple The agreements do not mandate that counties begin, increase, or curtail ROW cleanup activities Voluntary program designed to provide financial assistance Allows for County collection sites subject to limitations Invoicing is not onerous (quarterly) Disposal tickets and other existing expense tracking sufficient

Current Status of ROW Program Lauderdale Limestone Madison Jackson Colbert Franklin Lawrence Morgan Marshall DeKalb Marion Winston Cullman Cherokee Etowah Blount Walker Lamar Fayette St. Clair Calhoun Jefferson Cleburne Talladega Pickens Tuscaloosa Clay Shelby Randolph Bibb Coosa Tallapoosa Chambers Greene Hale Chilton Perry Elmore Lee Autauga Sumter Macon Dallas Montgomery Russell Marengo Choctaw Lowndes Bullock Wilcox Barbour Monroe Butler Pike Clarke Conecuh Crenshaw Washington Henry Coffee Dale Covington Escambia Geneva Houston Mobile Pending Baldwin Enrolled Not Enrolled R&R Unit 042418

ADEM ST ROW Cleanup Program If you are interested in participating in the ROW program, contact: David Deyton Removals and Response Unit Environmental Services Branch (334) 271-7840 david.deyton@adem.alabama.gov

ADEM Recycling Grants

ADEM Recycling Grants Provides reimbursement grants to local governments to develop, implement and enhance recycling programs Partnerships Are preferred to assure that the recycling effort is as successful as it can be and to also provide recycling to areas too rural to sustain their own program By partnering a program expands it’s collection area, increases the volume of materials it collects, will receive higher prices for the materials, and will be able to share resources and operational costs

ADEM Recycling Grants Funded by $1.00/Ton SW tipping fee Provides ~1.6 Million funding annually FY 2017 24 grant applications received (~4.2M funding requested) 13 projects awarded Grant recipients included County Commissions

How to Apply ADEM Form 9 – available online at www.adem.alabama.gov Click on “Forms” located on the left side bar of the main homepage. Form 09 – Alabama Recycling Fund Grant Application Application Deadline – Must be received at ADEM by March 1st

ADEM Recycling Grants Questions? Christina Hall Hayley Benson Danielle Loyd Christina.hall@adem.alabama.gov hayley.benson@adem.alabama.gov danielle.loyd@adem.alabama.gov

UST Regulation Changes

UST Program Changes July 15, 2015 EPA published final rule revising UST regulations First major revision to federal UST requirements since 1988 ADEM Admin. Code Div. 6 UST rules revised December 8, 2017

UST Program Changes Beginning December 2017, for any UST storing greater than 10% ethanol or 20% biodiesel, owners must notify the department and demonstrate the compatibility of their systems with the fuels being stored. Focus on ensuring construction materials used for existing UST systems are compatible with more corrosive substances

UST Program Changes Implements changes in the use of flow restrictors Ball Float Valves banned Testing required after repairs to UST system Additional notification requirements October 13, 2018 deadline for changes not already in effect

UST Program Changes Periodic testing and inspection to ensure UST/piping is operated and maintained according to manufacturer’s specs. Annual and 30 day walkthrough inspections Annual release detection equipment testing 3 year containment sump test 3 year overfill device inspection October 13, 2018 Deadline

UST Program Changes Sonja Massey David Batchelor 334-271-7832 ssm@adem.alabama.gov David Batchelor 334-271-7937 david.batchelor@adem.alabama.gov Latoya Hall 334-271-7759 lahall@adem.alabama.gov

Hazardous Waste Regulation Update

Hazardous Waste Update April 6, 2018 ADEM Admin. Code Div. 14 regulations revisions effective Incorporates federal “Generator Improvement Rules” “CESQG” name changed to “VSQG” Facilities generating less than 100 kg (220 lbs.) of non-acute hazardous waste in a calendar month Facilities generating less than 1 kg (2.2 lbs.) of acute hazardous waste in a calendar month

Hazardous Waste Update Establishes provisions allowing for “episodic generation” (planned and unplanned) of hazardous waste not counting towards monthly total (ADEM Admin. Code r. 335-14-3-.13) Available to VSQG and SQG (generator status would remain same if all conditions for episodic generation are met) Notification 30 days prior to episode (within 72 hours if unplanned) Start/end dates, reason for event, estimated quantity/types of wastes, designation of emergency coordinator

Biosolids Issues

What is a Biosolid? In 1993, EPA developed a new regulation to protect public health and the environment from any reasonably anticipated adverse effects of certain pollutants that might be present in sewage sludge biosolids. This regulation became known the Part 503 Rule. The Part 503 Rule established requirements for final use or disposal of biosolids when: Applied to land to condition soil or to fertilize crops, Placed on a surface disposal site (MSWLF), or Fired in an incinerator. 27 27

State Regulatory Authority In Alabama, biosolids are primarily regulated by EPA (Part 503 Rule). Alabama is the only state in Region IV without some type of state program/oversight. What regulatory authority does the State currently have? ADPH regulates the collection/transportation of solid waste but rules currently only address garbage. ADEM has rules to regulates the unauthorized disposal of solid waste if applied incorrectly. ADEM requires a pre-disposal certification before biosolids can be placed in MSWLF. 28 28

Current Biosolids Management Landscape How are biosolids currently being managed in Alabama? Not exactly sure since: Land application (soil conditioner/fertilizer) falls under EPA, Collection and transportation not currently regulated, and Waste approval required but specific disposal volumes are not reported. MSWLF situation Received pre-disposal certification and began receiving biosolids via rail access from New York/New Jersey in 2017. Plan was to use the material as: Fertilizer on side slopes, soil conditioner on non-disposal areas, and dispose remaining. Initial rail spur was 7 mile transit from disposal facility. A spill occurred outside the landfill which set off the firestorm. Most complaints came to ADEM which had little regulatory authority over activity. 29 29

Path Forward Situation went away when the railroad company voided their contract. ADEM is taking a closer look at sites that land-apply the biosolids: Checking for proper documentation (loading/application rates), and Making sure stormwater runoff is proper managed. ADEM has begun the process of evaluating how neighboring States regulate biosolids in anticipation of began rulemaking. ADPH has begun the process to expand their regulatory authority to include solid wastes other than just “garbage”. 30 30

Biosolids Scott Story 334-271-7764 sss@adem.alabama.gov

ADEM Update Questions? Brent Watson (334) 271-7894 baw@adem.alabama.gov