reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-21 - GRANT PROGRAMS › Rule 391-3-21-.12 - American Recovery and Reinvestment Act (ARRA) State Clean Diesel Grant Program

Current through Rules and Regulations filed
				through June 27, 2024
(1) American Recovery and Reinvestment Act
				(ARRA) State Clean Diesel Grant Program General Scope and Purpose. Grants are
				available under the ARRA State Clean Diesel Grant Program for installing
				emission control devices on, repowering, and replacing school buses and transit
				buses located in Georgia and for rebuilding school and transit bus engines for
				school and transit buses operated in Georgia.
(a) General Terms and Conditions of the
				Grant.
1. Projects submitted for funding
				under this grant must identify the vehicles or engines that are planned for
				retrofit, which includes the installation of emission control devices,
				repowering, rebuilding, and/or early replacement. Projects proposing to
				retrofit buses must identify the type of emission control equipment to be used;
				the make, model, model year, fuel type, and emission certification for the
				engine to be used; the make, model, model year, fuel type, and emission
				certification for the replacement bus; and/or the components to be used and the
				cleaner standard that will be met for rebuilt engines.
2. Submitted projects must conform to all
				applicable administrative and programmatic conditions including, without
				limitation, the coordination with EPD personnel; use of emission control
				technologies, rebuilds, or engines that have been or will be verified or
				certified under EPA's Retrofit or Certification Program or by the California
				Air Resources Board (CARB); new buses purchased for replacement of older buses
				are certified by CARB; submission of quarterly reports; submission of a final
				report; compliance with applicable Federal procurement and sub-grant
				procedures; certification that the emission control equipment, engine rebuild,
				and/or engine repower was properly installed and is in working condition;
				certification that the bus replacement meets applicable new engine standards
				and meets all other applicable specifications; proper maintenance of vehicles
				and, where applicable, retrofit equipment and enforcement of warranty claims
				against vendors if a maintenance problem arises; and use of the emission
				control equipment, repowered bus, rebuilt engine, or replacement bus for a
				minimum of four years unless the equipment or engine is damaged beyond repair
				or the bus becomes inoperable and is unable to be repaired.
3. Selected projects must be completed by
				September 30, 2010.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-21 - GRANT PROGRAMS › Rule 391-3-21-.13 - Georgia Diesel Engine Retrofit Project Grant

Current through
				Rules and Regulations filed through June 27, 2024
(1) Congestion Mitigation and Air Quality
				Program (CMAQ) Fiscal Year (FY) 2009 Georgia Diesel Retrofit Project Scope and
				Purpose. Grants are available under the Federal Congestion Mitigation and Air
				Quality (CMAQ) grant program for retrofitting diesel vehicles that are located
				or operated in a PM2.5 nonattainment area.
(a) General Terms and Conditions of the
				Grant.
1. Projects submitted for funding
				under this Grant must identify the vehicles for retrofit and the type of
				emission control equipment to be used.
2. Submitted projects must conform to all
				applicable programmatic and administrative conditions including, without
				limitation, coordination with EPD personnel; use of retrofit technologies that
				have been or will be verified or certified under the U.S. Environmental
				Protection Agency's (EPA's) Retrofit Program or the California Air Resources
				Board (CARB); submission of quarterly reports when applicable; submission of a
				final report when applicable; compliance with applicable Federal procurement
				and subgrant procedures; certification that the emission control equipment was
				properly installed and is in working condition; use of data-logging in
				accordance with manufacturer specifications of diesel vehicles that will be
				equipped with emission control equipment on existing routes to ensure proper
				exhaust temperature profiles; proper maintenance of vehicles and retrofit
				equipment and enforcement of warranty claims against vendors if a maintenance
				problem arises; and use of the emission control equipment on the vehicles for a
				minimum of four years unless the equipment is damaged beyond repair or the
				vehicle becomes inoperable and is unable to be repaired.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-21 - GRANT PROGRAMS › Rule 391-3-21-.14 - Railroad-Related Emission Reductions Program

Current through Rules and
				Regulations filed through June 27, 2024
(1) Congestion Mitigation and Air Quality
				Program (CMAQ) Railroad-Related Emissions Reductions in Atlanta Program Scope
				and Purpose. Funds are available under the Federal Congestion Mitigation and
				Air Quality (CMAQ) Program for converting diesel locomotives that are located
				or operated in the urban core of the Atlanta PM2.5
				nonattainment area.
(a) General Terms and
				Conditions.
1. The grant funding must be used
				exclusively to convert switcher locomotives operated in the Atlanta "urban
				core" counties, as defined in subparagraph (c) of this paragraph, that result
				in reductions of diesel PM2.5 and related pollutants.
				Projects submitted for funding must identify the locomotives for conversion and
				the type of conversion equipment to be used.
2. Submitted projects must conform to all
				applicable programmatic and administrative conditions including, without
				limitation, coordination with EPD personnel; submission of an initial report
				before the switcher is converted, a report immediately after the conversion,
				and then a report each six months for the first two years of operation and then
				once per year for the remaining period of commitment, including detailed
				activity and emissions data; compliance with applicable Federal procurement and
				subgrant procedures; certification that the equipment was properly installed
				and is in working condition; use of data-logging in accordance with
				manufacturer specifications; proper maintenance of locomotives and conversion
				equipment and enforcement of warranty claims against vendors if a maintenance
				problem arises; and use of the converted locomotives in the designated areas
				for a minimum of 10 years unless the locomotive becomes inoperable and is
				unable to be repaired or replaced with comparable equipment.
3. Projects that are awarded these funds will
				require a minimum 30% match. The project applicant will be responsible for the
				match. Grant funds will be distributed to the grantee incrementally following
				completion of conversion task(s) provided the match has been satisfied for the
				incremental distribution.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-21 - GRANT PROGRAMS › Rule 391-3-21-.15 - Georgia Diesel Emissions Reduction Program

Current through
				Rules and Regulations filed through June 27, 2024
(1) Diesel Emissions Reduction Act (DERA)
				Georgia Diesel Emissions Reduction Program Scope and Purpose. Grants are
				available under the Diesel Emissions Reduction Act (DERA) State Clean Diesel
				Grant Program for retrofitting diesel vehicles that are located or operated in
				the State of Georgia.
(a) General Terms and
				Conditions of the Grant.
1. Projects submitted
				for funding under this Grant must identify the vehicles for retrofit and the
				type of emission control equipment to be used.
2. Submitted projects must conform to all
				applicable programmatic and administrative conditions including, without
				limitation, coordination with EPD personnel; use of retrofit technologies that
				have been or will be verified or certified under the U.S. Environmental
				Protection Agency's (EPA's) Retrofit Program or by the California Air Resources
				Board (CARB); submission of quarterly reports when applicable; submission of a
				final report when applicable; compliance with applicable Federal procurement
				and subgrant procedures; certification that the emission control equipment was
				properly installed and is in working condition; use of data-logging in
				accordance with manufacturer specifications of diesel vehicles that will be
				equipped with emission control equipment on existing routes to ensure proper
				exhaust temperature profiles; proper maintenance of vehicles and retrofit
				equipment and enforcement of warranty claims against vendors if a maintenance
				problem arises; and use of the emission control equipment on the vehicles for a
				minimum of four years unless the equipment is damaged beyond repair or the
				vehicle becomes inoperable and is unable to be repaired.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-21 - GRANT PROGRAMS › Rule 391-3-21-.16 - Georgia High Hazard Potential Dams Grant

Current through Rules and
				Regulations filed through June 27, 2024
(1) Statutory Basis: National Dam Safety
				Program Act (Pub. L. 92-367), as amended,
				33 U.S.C.
				467f-2, and the Georgia Safe Dams Act of
				1978, O.C.G.A. Sec.
				12-5-370 et seq.
(2) General Scope and Purpose. Grants are
				available under the Georgia High Hazard Potential Dams (HHPD) Grant for the
				rehabilitation of eligible high hazard potential dams located in the State of
				Georgia. The funding source for these grants is provided to the Environmental
				Protection Division (the "Division") by the U.S. Department of Homeland
				Security, Federal Emergency Management Agency ("FEMA"). The types of activities
				that may be funded by this grant include technical, planning, design,
				pre-construction and construction activities related to the rehabilitation of
				eligible high hazard dams.
(a) The term
				"eligible high hazard potential dam" is defined under
				33 U.S.C. §
											467(4)(A). The Division has
				published a list of such dams on its webpage and will update this list
				periodically. This list will include high hazard potential dams that the
				Division has determined fail to meet minimum dam safety standards and pose an
				unacceptable risk to the public, as defined by FEMA.
(b) Rehabilitation may include the repair,
				replacement, reconstruction, or removal of a dam; rehabilitation does not
				include routine operation and maintenance activities.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-21 - GRANT PROGRAMS › Rule 391-3-21-.17 - Solid Waste Trust Fund Grant Program

Current through Rules and
				Regulations filed through June 27, 2024
(1) Statutory Authority: O.C.G.A.
				12-8-27.1 and O.C.G.A.
				12-8-37.1
(2) General Scope and Purpose. The purpose of
				this grant is to provide financing to the entities described in O.C.G.A
				12-8-37.1 for the purposes
				identified in that Code section.
(3) General Terms and Conditions of the
				Grant. The terms and conditions of the grant are:
(a) Grants will be made to entities
				identified as eligible in O.C.G.A
				12-8-37.1 to support projects that
				further the purposes of the Solid Waste Trust Fund as described in that Code
				section including: the cleanup of solid waste disposal facilities, including
				those used for the disposal of scrap tires; the development and implementation
				of solid waste enforcement programs for the prevention and abatement of illegal
				dumping of solid waste, including without limitation the prevention and
				abatement of litter; the funding of grants or loans, in accordance with
				procedures developed by the division; the implementation of innovative
				technologies for the recycling and reuse of solid waste, including without
				limitation scrap tires; and/or for educational and other efforts to promote
				waste reduction, recycling, and recycling market development.
(b) Grants will be awarded each year subject
				to the amount of funds available that year to support the Solid Waste Trust
				Fund Grant Program. Eligible applicants may apply for any amount up to the
				maximum available in that year.
(c)
				The grant may pay up to 100% of project costs, subject to available funding,
				maximum limitations, and match requirements.
(d) Further terms and conditions for the
				Solid Waste Trust Fund Grant Program may be described in publications on the
				Environmental Protection Division's website at:
https://epd.georgia.gov/about-us/land-protection-branch
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.01 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.07 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.08 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.09 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.10 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-22 - REPEALED 391-3-22 › Rule 391-3-22-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Section
				  12-9-1,
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.01 - Purpose

Current through Rules and Regulations filed through June 27,
				2024
The following rule serves to protect Georgia's natural and
				  environmental resources by requiring permits be issued by the Director with
				  monitoring conditions prior to any construction of a new petroleum pipeline or
				  an extension to an existing petroleum pipeline.
O.C.G.A. §
										12-17-1, et seq., as
				  amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.02 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
(1) `Corridor of
				Public Utilities' means right of way for electric, telephone, and cable
				facilities and pipelines such as natural gas, liquid product, sewer and
				water.
(2) `Director' means the
				Director of the Environmental Protection Division of the Georgia Department of
				Natural Resources.
(3) `Division'
				means the Environmental Protection Division of the Georgia Department of
				Natural Resources.
(4) 'Existing
				petroleum pipeline' means a petroleum pipeline constructed and in use prior to
				January 1, 2016.
(5) 'Expansion'
				means a modification to an existing petroleum pipeline within the existing
				easement or right of way that increases the supply of petroleum by:
(a) Increasing the diameter of an existing
				petroleum pipeline; or
(b)
				Constructing a parallel petroleum pipeline.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.03 - Permit Application

Current through Rules and Regulations
				filed through June 27, 2024
(1) On or after July 1, 2017, any
				construction of a new petroleum pipeline or an extension in this state shall
				require a permit from the Director as provided in this chapter. No construction
				activity on any portion of a new petroleum pipeline or any extension shall
				occur unless and until such permit is obtained. Such permit shall be required
				without regard to whether the petroleum pipeline company intends to exercise
				any power of eminent domain pursuant to Article 4 of Chapter 3 of Title 22 and
				shall be in addition to any other permits or authorization required under this
				title or any other provision of state or federal law.
(2) Any application to the division for a
				permit under this chapter shall contain, at a minimum, the following:
(a) A non-refundable permit application fee
				of $5000.00.
(b) A description of
				the proposed project, including its route sufficiently adequate to permit the
				location of the subject parcel on a United States Geological Survey 1:24,000
				topographic quadrangle map;
(c)
				Copies of any relevant background data on engineering or environmental studies
				in the possession of or used by the pipeline company to select or develop the
				proposed pipeline route and/or prepare the permit application.
(d) Information on other corridors of public
				utilities.
(e) Information on the
				existence of any local zoning ordinances or land use restrictions and whether
				or not the pipeline company is in compliance with local zoning ordinances or
				land use restrictions.
(f) Evidence
				of financial responsibility by the petroleum pipeline company as described in
				the most current version of the Division's Petroleum Pipeline Permit
				Guidelines;
(g) Description of
				proposed construction activities
(h) A proposal, where appropriate, for
				monitoring the effects of the petroleum pipeline during construction on the
				surrounding environment and natural resources, including but not limited to
				wetland dewatering, sinkhole inducement, impact on protected plants and
				animals, pollutant pathways, and stream siltation. No proposal is necessary for
				leak detection or any other monitoring required by federal
				regulations.
(i) Include an
				objective evaluation of the environmental effects of all reasonable
				alternatives, and for alternatives which were eliminated from detailed study,
				briefly discuss the reasons for their having been eliminated. Include the
				alternative of no action.
(j) A
				geologic and hydrologic analysis of the proposed pipeline route.
(k) An environmental analysis, include a
				discussion of all of the areas identified and described in the most current
				version of the Division's Petroleum Pipeline Permit Guidelines.
(l) Means to mitigate adverse environmental
				impacts
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.04 - Permit Issuance

Current through Rules and Regulations filed
				through June 27, 2024
(1) This permit shall be issued on the basis
				of a determination by the Director that the location and construction of the
				proposed pipeline, which is the subject of the application, is consistent with
				and not an undue hazard to the environment and natural resources of Georgia.
				This determination shall be made after consideration of:
(a) The information required to be contained
				in the petroleum pipeline company's application;
(b) The direct environmental impacts of the
				proposed new petroleum pipeline or the proposed extension;
(c) Alternative alignments to the proposed
				new petroleum pipeline or the proposed extension;
(d) Evidence that ample opportunity has been
				afforded for public comment;
(e)
				Such other factors that the director deems reasonable and applicable.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.05 - Permit Amendment

Current through Rules and Regulations filed
				through June 27, 2024
(1) If, during the course of construction,
				conditions arise which result in a material or substantial change of any of the
				bases of the approved permit (including, but not limited to, deviation from the
				original route that goes out of the original easement or right of way, change
				of ownership, or new information that impacts the environmental analysis) the
				applicant will submit a request for a permit amendment describing the change
				and the reasons for the change.
(2)
				After review and determination that sufficient information exists to justify
				that the amendment is necessary and does not require a new permit application,
				the Director will post for 30 days a notice of the draft amendment for public
				comment on the web site. After close of the public comment period, the Director
				will grant or deny the amendment.
(3) If the proposed amendment results in
				additional landowners whose property will be located within 1,000 feet of the
				proposed route the applicant shall comply with provisions of
				391-3-23-.03(5).
O.C.G.A. §
										12-17-1, et seq., as
				  amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.06 - Hearings and Appeals

Current through Rules and Regulations
				filed through June 27, 2024
(1) As used in this Code section, the term
				'aggrieved or adversely affected' means a challenged action has caused or will
				cause persons injury in fact and where the injury is to an interest within the
				zone of interests to be protected or regulated by the provisions of this
				chapter that the director is empowered to administer and enforce.
(2) Any person who is aggrieved or adversely
				affected by a decision or action of the director under this chapter shall, upon
				filing a petition within 30 days after the issuance of such order or taking of
				such action, have a right to a hearing before an administrative law judge
				appointed by the board. The hearing before the administrative law judge shall
				be conducted in accordance with Chapter 13 of Title 50, the 'Georgia
				Administrative Procedure Act.' The decision of the administrative law judge
				shall constitute the final decision of the director, and any party to the
				hearing, including the department, shall have the right of judicial review
				thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
				Procedure Act.'
(3) In the event
				the director asserts in response to the petition before the administrative law
				judge that the petitioner is not aggrieved or adversely affected, the
				administrative law judge shall take evidence and hear arguments on this issue
				and thereafter make a ruling on same before continuing with the hearing. The
				burden of going forward with evidence on this issue shall rest with the
				petitioner.
O.C.G.A. §
										12-17-1, et seq., as
				  amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.07

Current
				through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										12-17-1, et seq., as
				  amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-23 - PETROLEUM PIPELINE EMINENT DOMAIN PERMIT PROCEDURES › Rule 391-3-23-.08

Current
				through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										12-17-1, et seq., as
				  amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.02 - Enforcement

Current through Rules and Regulations filed through June 27,
				2024
(1) The
				administration and enforcement of these Rules shall be in accordance with the
				Georgia Lead Poisoning Prevention Act of 1994, O.C.G.A.
				31-41-1
et seq.
,
				as amended, the Executive Reorganization Act of 1972, O.C.G.A.
				12-2-1,
et seq.
,
				and the Georgia Administrative Procedures Act, O.C.G.A.
				50-13-1,
et
				seq.
(2) Persons and firms
				conducting renovation or lead-based paint activities shall permit the Division
				to enter, evaluate, sample and monitor any renovation and lead-based paint
				activity and have access to records specified in this section without charge or
				hindrance to the Division for the purposes of evaluating compliance with these
				Rules. The Division shall perform periodic and unannounced inspections of
				renovation and lead-based paint activities, lead firms, renovation firms,
				training providers and lead training courses.
O.C.G.A. Sec.
				  31-41-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.04 - Accreditation of Training Programs

Current through Rules and
				Regulations filed through June 27, 2024
(1) Scope.
(a) A training program may seek accreditation
				to offer lead-based paint and renovation activities training courses in any of
				the following disciplines: lead inspector, lead risk assessor, lead supervisor,
				lead project designer, lead worker, renovator, and dust sampling technician. A
				training program may also seek accreditation to offer refresher courses for
				each of the above-listed disciplines. A training program seeking accreditation
				to offer initial and refresher courses taught in non-English languages must
				follow the requirements specified in this Rule and submit the required material
				in the language for which accreditation is sought.
(b) A training program may apply for
				accreditation to offer initial courses or refresher courses in as many
				disciplines as it chooses. A training program may seek accreditation for
				additional courses at any time as long as the program can demonstrate that it
				meets the requirements of this Rule.
(c) A training program shall not provide,
				offer, or claim to provide Division-accredited training courses without
				applying for and receiving accreditation from the Division as required in this
				Rule.
(d) Training courses shall be
				evaluated by the Division to maintain accreditation by the Division for course
				administration, course length, curriculum, training methods, instructor's
				qualifications, instructor's teaching effectiveness, technical accuracy of
				written materials and instruction, examination, and training certificate. The
				evaluation shall be conducted in accordance with the requirements set forth in
				this Rule and any documented methodologies referenced herein.
(e) Training programs shall permit the
				Division to attend, evaluate and monitor any training course, take the course
				test and have access to records of training courses without charge or hindrance
				to the Division for the purpose of evaluating compliance with these Rules. The
				Division shall perform periodic and unannounced on-site audits of training
				courses.
(f) All accredited
				training programs shall be assigned an accreditation number and issued a
				certificate which lists each accredited training course approved by the
				Division.
(g) All accreditations
				shall expire on the following October 1, Where an October 1 expiration date
				results in less than 12 months of accreditation status, the accreditation fee
				shall be pro-rated accordingly. Training courses taught after the expiration
				date but prior to renewal shall constitute a violation of this Rule.
(h) In order to maintain accreditation as a
				training program, training programs must follow the requirements specified in
				paragraph (7) of this section.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.06 - Standards for Conducting Lead-Based Paint Activities

Current
				through Rules and Regulations filed through June 27, 2024
(1) Scope.
(a) When performing any lead-based paint
				activities, a certified person must perform that activity in compliance with
				the requirements specified in this section.
(b) Persons performing lead-based paint
				activities shall work for a certified lead firm.
(c) No person or firm shall engage in a
				lead-based paint abatement project prior to notifying the Division and
				receiving a notice to proceed from the Division.
(d) For each inspection, risk assessment, or
				lead hazard screen conducted, the lead inspector or lead risk assessor shall
				submit an inspection report or risk assessment report to the party for which
				services are rendered, and the Division, if requested. The report shall be
				submitted within thirty (30) days of the activity.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.07 - Lead Clearance Levels

Current through Rules and
				Regulations filed through June 27, 2024
Clearance procedures shall be conducted on all abatement
				  projects by a certified inspector or lead risk assessor after appropriate
				  cleaning has been completed. The following lead clearance levels must be
				  met.
CLEARANCE DUST STANDARDS (Wipe Sampling Only)
Surface/ Medium
Level (µg/ft2)
(Equal to or less than)
Bare and carpeted floors
10 µg/ft2
Interior Window Sills
100 µg/ft2
Window Troughs
400 µg/ft2
Exterior Concrete
800 µg/ft2
O.C.G.A. §
											31-41-1,
et
				  seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.08 - Information Distribution Requirements Before Conducting Renovation Activities

Current through Rules and Regulations
				filed through June 27, 2024
(1) Renovations in dwelling units
.
No more than 60 days before beginning renovation activities in any
				residential dwelling unit of target housing, the firm performing the renovation
				must:
(a) Provide the owner of the unit with
				the pamphlet, and comply with one of the following:
1. Obtain, from the owner, a written
				acknowledgment that the owner has received the pamphlet, or
2. Obtain a certificate of mailing at least 7
				days prior to the renovation.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.09 - Certification of Persons and Firms Conducting Renovation Activities

Current through Rules and Regulations filed through June 27,
				2024
(1) Scope.
(a) Following the submission of an
				application demonstrating that all the requirements of this Rule are met and a
				determination by the Division that a person has met all applicable requirements
				to perform the appropriate renovation activities, the Division shall certify
				the applicant as a renovator or dust sampling technician.
(b) All certified persons shall be assigned a
				certification number and issued a certificate by the Division.
(c) All certified renovation firms shall be
				assigned a certification number and issued a certificate by the
				Division.
(d) All individuals
				performing renovation activities on behalf of the certified renovation firm
				shall be either a certified dust sampling technician, a certified renovator or
				have been trained by a certified renovator when performing renovation
				activities and shall comply with the standards for performing such renovations
				or dust sampling activities as established in Rule
				391-3-24-.08 through Rule
				391-3-24-.11.
(e) All certifications shall expire based on
				the issue date or based on the last date of attending required training as
				specified in (2)(a) through (2)(c) of this Rule. Work performed after
				expiration of the certificate and prior to renewal shall constitute a violation
				of this Rule.
(f) No person or
				renovation firm shall conduct or offer to conduct renovation activities
				described in this section if that person or renovation firm does not have the
				appropriate certification by the Division pursuant to the requirements
				specified in this Rule and the person or renovation firm does not have in their
				possession a Division issued certificate.
(g) In order to maintain certification as a
				person or renovation firm, applicants must follow the requirements specified in
				paragraph (3) of this Rule.
(h) A
				person who is employed by and in the process of conducting renovation
				activities for a federal, state or local government agency shall not be
				required to pay certification fees as specified in this section.
(i) Persons requesting a duplication of their
				certificate shall submit a fee in the amount of $25.00 electronically or in the
				form of a check, money order and made payable to the Environmental Protection
				Division - Lead Renovation Fees.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.10 - Standards for Conducting Renovation Activities

Current through
				Rules and Regulations filed through June 27, 2024
(1) Renovator responsibilities. Certified
				renovators are responsible for ensuring compliance with all renovations to
				which they are assigned. A certified renovator:
(a) Must perform all of the tasks described
				in this Rule and must either perform or direct workers who perform all of the
				tasks described in this Rule.
(b)
				Must provide training to workers on the work practices they will be using in
				performing their assigned tasks.
(c) Must be physically present at the work
				site when the signs required by this Rule are being posted, while the work area
				containment required by this Rule is being established, and while the work area
				cleaning required by this Rule is being performed.
(d) Must regularly direct work being
				performed by other individuals to ensure that the work practices are being
				followed, including maintaining the integrity of the containment barriers and
				ensuring that dust or debris does not spread beyond the work area.
(e) Must be available, either on-site or by
				telephone, at all times that renovations are being conducted.
(f) When requested by the party contracting
				for renovation services, must use an acceptable test kit to determine whether
				components to be affected by the renovation contain lead-based paint.
(g) Must have with them at the work site,
				copies of their Division issued renovator certificate.
(h) Must prepare the records required by Rule
				391-3-24-.11.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.11 - Recordkeeping and Reporting Requirements for Renovation Activities

Current through Rules and Regulations filed through June 27,
				2024
(1) Firms
				performing renovations must retain and, if requested, make available to the
				Division all records necessary to demonstrate compliance with this section for
				a period of three (3) years following completion of the renovation. This three
				(3) year retention requirement does not supersede longer obligations required
				by other provisions for retaining the same documentation, including any
				applicable federal, State or Tribal laws or regulations.
(2) Records that must be retained pursuant to
				this Section shall include (where applicable):
(a) Records or reports certifying that a
				determination had been made that lead-based paint was not present on the
				components affected by the renovation, as described in this rule. These records
				or reports include:
1. Reports prepared by a
				certified inspector or certified risk assessor.
2. Records prepared by a certified renovator
				after using EPA-recognized test kits, including an identification of the
				manufacturer and model of any test kits used, a description of the components
				that were tested including their locations, and the result of each test kit
				used.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT › Rule 391-3-24-.12 - Lead-Based Paint Hazard Management Program Fees

Current through
				Rules and Regulations filed through June 27, 2024
(1) Persons, individuals and firms who must
				pay fees. Fees in accordance with this Rule must be paid by:
(a) Training programs.
1. All training providers applying to the
				Division for the accreditation and re-accreditation of training programs in one
				or more of the following disciplines: lead supervisor, lead inspector, lead
				risk assessor, lead project designer, lead work, renovator, or dust sampling
				technician.
2. All training
				providers applying for reciprocity as allowed in
				391-3-24-.04 of this
				Rule.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-25 - LOW EMISSION VEHICLE CERTIFICATION › Rule 391-3-25-.02 - Covered Area

Current through Rules and Regulations filed
				through June 27, 2024
Low-emission vehicle, zero emission vehicle, alternative fuel
				  medium-duty vehicle, and alternative fuel heavy-duty vehicle certificates shall
				  be issued for qualified vehicles registered in the State of Georgia. Electric
				  vehicle charger certificates shall be issued for qualified chargers located and
				  operated in the State of Georgia.
O.C.G.A. §
										48-7-40.16, §
										48-7-29.18, and §
										48-7-29.19
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-25 - LOW EMISSION VEHICLE CERTIFICATION › Rule 391-3-25-.03 - Low-Emission and Zero Emission Vehicle Certification Eligibility and Procedures

Current through Rules and Regulations
				filed through June 27, 2024
(1) EPD will approve certificates for
				qualified new low-emission or new zero emission vehicle purchases or leases.
				Application by the owner or dealer must be made with EPD to initiate this
				certification. The EPD certification will be contingent on documents provided
				by the manufacturer of the vehicle that said vehicle is certified by the EPA to
				meet LEV, ULEV or ZEV standards.
(2) EPD will issue certificates for qualified
				converted vehicles. Application by the owner must be made with EPD to initiate
				this certification. The EPD certification will be contingent on documents
				provided by the manufacturer of the conversion kit certifying that the kit is
				federally certified to meet LEV, ULEV or ZEV standards; and certification by
				the installer that the conversion was made in accordance with the conversion
				kit manufacturer's specifications, and that the conventional fuel system was
				permanently disabled.
O.C.G.A. §
										48-7-40.16.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-25 - LOW EMISSION VEHICLE CERTIFICATION › Rule 391-3-25-.04 - Low-Emission Vehicle Certification Standards

Current through Rules
				and Regulations filed through June 27, 2024
(1) To be certified as LEVs for the purposes
				of meeting the requirements of this chapter, low-emission vehicles or converted
				vehicles must be federally certified to meet or exceed the federal emission
				standards for their respective vehicle class and category. Only new LEVs or
				converted vehicles that meet or exceed these emissions standards will qualify
				for the LEV certificate. Conventionally fueled vehicles will not be eligible
				for a LEV certificate. The low-emission standards for classes and categories of
				motor vehicles are found in Table A and Table B of paragraph (2) of this
				Rule.
(2) The following Tables A
				and B list the emission standards for Light Duty Vehicles (LDVs), Light Duty
				Trucks (LDTs), and Heavy Duty Vehicles (HDVs). In Table A, the emission
				standards listed under Part I are the federal 50,000-mile emission standards,
				and those listed under Part II are the federal 100,000-mile emission standards
				for LDVs and LDTs with GVWR less than or equal to 6,000 pounds. Emission
				standards listed under Part II for LDTs with GVWR greater than 6,000 pounds are
				the federal 120,000-mile emission standards.
Click
				  here to view
O.C.G.A. Sec.
				  48-7-40
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-25 - LOW EMISSION VEHICLE CERTIFICATION › Rule 391-3-25-.05 - Electric Vehicle Charger Certification Eligibility and Procedures

Current through Rules and Regulations filed through June 27,
				2024
(1) Only business
				enterprises are eligible for electric vehicle charger certificate(s).
(2) Certificate(s) for new electric vehicle
				charger(s) shall be approved by the EPD and issued by the seller to the
				business enterprises only for those charger(s) that shall be located in the
				State of Georgia for a minimum of five consecutive years and that are installed
				for the purpose of charging on-road electric vehicles.
(3) Upon request, EPD will provide blank
				certificate form(s) to the seller of electric vehicle charger(s). Upon the sale
				and installation of new electric vehicle charger(s) meeting the requirements of
				subparagraphs (1) and (2) above, the seller shall submit the completed
				certification form(s) to the EPD, in accordance with procedures specified by
				the Director of EPD.
O.C.G.A. Sec.
				  48-7-40
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-25 - LOW EMISSION VEHICLE CERTIFICATION › Rule 391-3-25-.06 - Alternative Fuel Medium and Heavy-Duty Vehicle Certification Eligibility and Procedures

Current through Rules and Regulations
				filed through June 27, 2024
EPD will approve certificates for qualified new alternative
				  fuel medium-duty and new alternative fuel heavy-duty vehicle purchases in
				  accordance with procedures specified by the Director of EPD or his designee.
				  Application by the owner must be made with EPD to initiate this certification.
				  The EPD certification will be contingent on documents provided by the
				  manufacturer and/or owner of the vehicle that the engine in said vehicle is
				  certified or verified by the EPA to operate on an alternative fuel as defined
				  in O.C.G.A. §
									48-7-29.18 and §
									48-7-29.19.
O.C.G.A. §
										48-7-29.18, and §
										48-7-29.19.