GBA Participates in Process to Amend HSRA Regulations (10.9.14)
On October 14, 2014, new and improved regulations for the Hazardous Site Response Act (“HSRA”) will become effective. At the request of EPD, the Georgia Brownfield Association was a stakeholder in the process to amend the HSRA regulations, and the GBA spoke in favor of these amendments at the DNR Board meeting held on August 26, 2014.
GBA believes these HSRA amendments will result in more efficient site clean ups and will further promote the redevelopment of brownfield properties around the State of Georgia. GBA sees the HSRA amendments, coupled with the Georgia Brownfield Act revisions effective in July, as significant improvements and progress for Brownfield properties around the state. The GBA is pleased to be a part of these progressive steps forward and looks forward to more opportunities to lead and support the redevelopment of Brownfield properties in Georgia.
Below are highlights of these HSRA amendments.
- Amendments Specific to Brownfield Properties
- Double reporting for Brownfield sites is eliminated. HSRA notification is not required for a release to soil that is undergoing cleanup under the Brownfield program. If a release has been reported to EPD by a prospective purchaser under a Brownfield application, a notification to EPD under HSRA is excluded.
- 90-day listing deferral can by requested. HSRA rules now allow a petition to EPD to defer the listing of the property on the HSI for 90 days so that testing and corrective action can be performed.
- Delisting of Type 5 sites with a UEC. If a Uniformed Environmental Covenant is placed on the property, the HSRA amendments now allow for a Type 5 site to be removed from the HSI.
- Other HSRA Amendments
- No more delineation to background. The amended HSRA regulations now require delineation of soil impacts to residential risk reduction standards, NOT to background. In delineating soil, Type 1 or 2 RRS can be used. For groundwater, delineation is the primary Maximum Contaminant Level (“MCL”). If not available, then delineation is to the higher of: secondary MCL, the detection limit, or background.
- MCL is the new notification for groundwater, not background. HSRA now requires notification of groundwater impacts only if the MCL is met, not “naturally occurring background.” If not the primary MCL is not available, then to the higher of: secondary MCL, the detection limit, or background.
- Single publication required. A single public notice for a CSR or a CAP is required in the legal organ (newspaper) of the local government. The requirement to also publish in a major newspaper of general circulation has been eliminated.