[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44061-44070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20894]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 258
[FR-7039-1]
RIN 2090-AA22
Project XL Site-specific Rulemaking for Buncombe County Landfill,
Alexander, Buncombe County, North Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is promulgating today a site-specific rule proposed on
April 16, 2001, to implement a project under the Project XL program.
The rule provides site-specific regulatory flexibility under the
Resource Conservation and Recovery Act (RCRA), for the Buncombe County
Solid Waste Management Facility, Alexander, Buncombe County, North
Carolina (``Buncombe County''). The terms of the XL project are defined
in a Final Project Agreement (FPA) signed by Buncombe County, the State
of North Carolina, and EPA on September 18, 2000. Today's rule is
applicable only to the Buncombe County Solid Waste Management Facility,
to facilitate implementation of the XL project to use certain
bioreactor techniques at its municipal solid waste landfill (MSWLF),
specifically, the recirculation of landfill leachate, with the possible
addition of water, to accelerate the biodegradation of landfill waste,
to decrease the time it takes for the waste to reach stabilization in
the landfill, and to promote recovery of landfill gas. The principal
objective of this XL Project is to demonstrate that leachate can safely
be recirculated over a liner that differs from the liner prescribed in
EPA MSWLF regulations.
Under existing regulations, leachate recirculation in Cells 1 and 2
is authorized because those cells were constructed using the prescribed
composite liner. Today's rule will allow leachate recirculation over an
alternative liner for Buncombe County landfill Cells 3 through 10. It
is conditioned on Buncombe County's implementation of the design in
today's rule. The landfill liner design for Buncombe County will be
enforceable in the same way that current RCRA standards for a landfill
are enforceable to ensure that management of nonhazardous solid waste
is performed in a manner protective of human health and the
environment. Today's rule will not in any way affect the provisions or
applicability of any existing or future regulations. EPA retains its
full range of enforcement options under this rule.
[[Page 44062]]
DATES: This regulation is effective on August 22, 2001. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of August 22,
2001.
ADDRESSES: Docket: Three dockets contain supporting information used in
developing this final rule, and are available for public inspection and
copying at the EPA's docket office located at Crystal Gateway, 1235
Jefferson Davis Highway, First Floor, Arlington, Virginia. The public
is encouraged to phone in advance to review docket materials.
Appointments can be scheduled by phoning the Docket Office at (703)
603-9230. Refer to RCRA Docket Number F-2000-BCLP-FFFFF. The public may
copy a maximum of 100 pages from any regulatory docket at no charge.
Additional copies are $0.15 per page. Project materials are also
available for review on the world wide web at http://www.epa.gov.projectxl/ and in the regional office where the project is
located.
FOR FURTHER INFORMATION CONTACT: Ms. Michelle Cook, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, GA 30303
or Ms. Sherri Walker, Office of Environmental Policy Innovation, U.S.
EPA, 1200 Pennsylvania Ave., NW. (1807), Washington DC 20460. Further
information on today's action may also be obtained on the world wide
web at http://www.epa.gov/projectxl/. Questions to EPA regarding
today's action can be directed to Ms. Cook at (404) 562-8674
[email protected] or Ms. Walker at (202) 260-4295,
[email protected].
SUPPLEMENTARY INFORMATION:
Outline of Today's Document
The information presented in this preamble is arranged as follows:
I. Authority
II. Background
A. What did EPA Propose and What Comments were Received?
B. What is Project XL?
C. What Are Bioreactor Landfills?
III. Overview of the Buncombe County Landfill XL Project
A. Description of the Project
B. What Are the Environmental Benefits Anticipated Through
Project XL?
C. How Have Various Stakeholders Been Involved in this Project?
D. How Will this Project Result in Cost Savings and Paperwork
Reduction?
IV. What Regulatory Changes Are Being Made to Implement this
Project?
A. Existing Liquid Restrictions for MSWLFs (40 CFR 258.28)
B. Site-Specific Rule
1. Design Specifications
2. Operational Requirements
3. Monitoring and Reporting
4. Duration of Authority
V. Additional Information
A. Why is this Rule Immediately Effective?
B. How Does this Rule Comply with Executive Order 12866:
Regulatory Planning and Review?
C. Is a Regulatory Flexibility Analysis Required?
D. Is an Information Collection Request Required for this Rule
Under the Paperwork Reduction Act?
E. Does this Rule Trigger the Requirements of the Unfunded
Mandates Reform Act?
F. How Does the Congressional Review Act Apply to this Rule?
G. How Does this Rule Comply with Executive Order 13045:
Protection of Children from Environmental Health Risks and Safety
Risks?
H. How Does this Rule Comply With Executive Order 13132:
Federalism
I. How Does this Rule Comply with Executive Order 13175:
Consultation and Coordination with Indian Tribal Governments?
J. How Does this Rule Comply with the National Technology
Transfer and Advancement Act?
K. Does this Rule Comply with Executive Order 13211: Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use?
I. Authority
This rule is published under the authority of sections 1008, 2002,
4004, and 4010 of the Solid Waste Disposal Act of 1970, as amended by
the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6907,
6912, 6945, and 6949).
II. Background
A. What Did EPA Propose and What Comments Were Received?
EPA proposed to amend 40 CFR 258.28(a) by adding a new paragraph
(a)(3) to refer to a new section of the rules, Sec. 258.41, 66 FR
19403, April 16, 2001). However, another Project XL rulemaking,
published in the Federal Register on August 13, 2001 (66 FR 42441 for
Yolo County Rulemaking) already has effected these proposed changes.
Therefore, today's rulemaking is limited to that portion of EPA's
proposed rule which proposed to add a new Sec. 258.41(a). This new
Sec. 258.41(a) applies to the Buncombe County Solid Waste Management
Facility in Buncombe County, North Carolina and allows Cells 1-10 of
the landfill to utilize recirculation of leachate supplemented with
river water, as long as each cells meets the design criteria,
operational requirements, monitoring and other requirements set forth
in Sec. 258.41(a). See Section IV of this preamble for full description
of the regulatory relief provided for this project.
Today's rule is being finalized with one other change, based on the
one comment EPA received during the comment period on the proposal. The
comment was from the American Society of Testing and Materials (ASTM),
which pointed out that the proposed rule referenced an earlier version
of their consensus voluntary standards ASTM D2216. The final rule
correctly references the latest standard ASTM D2216-98.
Other than the removal of the proposed additions of new
Secs. 258.28(a)(3) and 258.41(b), which have already been effected, as
noted above, no changes have been made to the proposed rule.
B. What Is Project XL?
Project XL is an EPA initiative to allow regulated entities to
achieve better environmental results at less costs. Project XL--
``eXcellence and Leadership''--was announced on March 16, 1995 as a
central part of the National Performance Review and EPA's efforts to
reinvent environmental protection. See 60 FR 27282 (May 23, 1995).
Specifically, Project XL gives a limited number of regulated entities
the opportunity to develop their own pilot projects and alternative
strategies to achieve environmental performance that is superior to
what would be achieved through compliance with current and reasonably
anticipated future regulations. These efforts are crucial to the
Agency's ability to test new regulatory strategies that reduce
regulatory burden and promote economic growth while achieving better
environmental and public health protection. The Agency intends to
evaluate the results of this and other XL projects to determine which
specific elements of the projects, if any, should be more broadly
applied to other regulated entities for the benefit of both the economy
and the environment.
Project XL is intended to allow EPA to experiment with untried,
potentially promising regulatory approaches, both to assess whether
they provide benefits at the specific facility affected, and whether
they should be considered for wider application. Such pilot projects
allow EPA to proceed more quickly than would be possible when
undertaking changes on a nationwide basis. EPA may modify rules, on a
site specific or state specific basis, that represent one of several
possible policy approaches within a more general statutory directive,
so long as the alternative being used is permissible under the statute.
[[Page 44063]]
Adoption of such alternative approaches or interpretations in the
context of a given XL project is not an indication that EPA plans to
adopt that interpretation as a general matter or even in the context of
other XL projects. It would be inconsistent with the forward looking
nature of these pilot projects to adopt such innovative approaches
prematurely on a widespread basis without first determining whether
they are viable in practice and successful for the particular project
that embody them. These pilot projects are not intended to be a means
for piecemeal revision of entire programs.
EPA believes that adopting alternative policy approaches and
interpretations, on a limited site specific or state specific basis and
in connection with a carefully selected pilot project is consistent
with the expectations of Congress about EPA's role in implementing the
environmental statutes (provided that the Agency acts within the
discretion allowed by the statute). Congress' recognition that there is
a need for experimentation and research, as well as ongoing
reevaluation of environmental programs, is reflected in a variety of
statutory provisions (e.g., section 8001 of RCRA, 42 U.S.C. 6981).
Under Project XL, participants in four categories: facilities,
industry sectors, governmental agencies, and communities are offered
the opportunity to develop common sense, cost-effective strategies that
will replace or modify specific regulatory requirements on the
condition that they produce and demonstrate superior environmental
performance. To participate in Project XL, applicants must develop
alternative pollution reduction strategies pursuant to eight criteria:
(1) Superior environmental performance; (2) cost savings and paperwork
reduction; (3) stakeholder involvement and support; (4) test of an
innovative strategy; (5) transferability; (6) feasibility; (7)
identification of monitoring, reporting, and evaluation methods; and
(8) avoidance of shifting risk burden. The project must have full
support of affected federal, state, and tribal agencies to be selected.
For more information about the XL criteria, readers should refer to two
descriptive documents published in the Federal Register (60 FR 27282,
published May 23, 1995 and 62 FR 19872, published April 23, 1997) and
the document entitled ``Principles for Development of Project XL Final
Project Agreements,'' dated December 1, 1995.
Development of a Project has four basic phases: the initial pre-
proposal phase where the project sponsor comes up with an innovative
concept that it would like EPA to consider as an XL pilot; the second
phase where the project sponsor works with EPA and interested
stakeholders in developing its XL proposal; the third phase where EPA,
local regulatory agencies, and other interested stakeholders review the
XL proposal; and the fourth phase where the project sponsor works with
EPA, local regulatory agencies, and interested stakeholders in
developing the FPA and legal mechanism. The XL pilot proceeds into the
implementation phase and evaluation phase after promulgation of the
required federal, state and local legal mechanisms and after the
designated participants sign the FPA.
The Final Project Agreement (FPA) is a written agreement between
the project sponsor and regulatory agencies. The FPA contains a
detailed description of the pilot project. It addresses the eight
Project XL criteria and discusses how EPA expects the project to meet
that criteria. The FPA identifies performance goals and indicators
which will enable the project sponsor to demonstrate superior
environmental benefits. The FPA also discusses administration of the
agreement, including dispute resolution and conditions for termination
of the agreement. On September 18, 2000, EPA, Buncombe County, and the
North Carolina Department of Environment and Natural Resources signed
the FPA for the Buncombe County bioreactor landfill XL Project.
For more information about the XL criteria, readers should refer to
the two descriptive documents published in the Federal Register (60 FR
27282, May 23, 1995 and 62 FR 19872, April 23, 1997), and the December
1, 1995 Principles for Development of Project XL Final Project
Agreements document. For further discussion as to how the Buncombe
County XL project addresses the XL criteria, readers should refer to
the Final Project Agreement available from the EPA RCRA docket (see
ADDRESSES section of today's preamble) or on the world wide web at
http://www.epa.gov/projectxl/.
C. What Are Bioreactor Landfills?
A bioreactor landfill is generally defined as a landfill operated
to transform and stabilize the readily and moderately decomposable
organic constituents of the waste stream by purposeful control to
enhance the microbiological process. Bioreactor landfills often employ
liquid addition to supplement leachate for recirculation. A byproduct
of the decomposition process is landfill gas, which includes methane,
carbon dioxide, and volatile organic compounds (VOCs). Landfill gases
are produced sooner in a bioreactor landfill than in a conventional
landfill. Therefore, bioreactors often incorporate state of the art
landfill gas collection.
On April 6, 2000, EPA published a document in the Federal Register
(65 FR 18015) requesting information on bioreactor landfills because
the Agency is considering whether and to what extent the Criteria for
Municipal Solid Waste Landfills, 40 CFR part 258, should be revised to
allow for leachate recirculation over alternative liners in MSWLF. EPA
requested information about liquid additions and leachate recirculation
in MSWLFs to the extent currently allowed, i.e., in MSWLFs designed and
constructed with a composite liner as specified in 40 CFR 258.40(a)(2).
Proponents of bioreactor technology note that operation of MSWLFs
as bioreactors provide a number of environmental benefits including:
(1) Increasing the rate of waste decomposition which in turn extends
the operating life of the landfill and lessens the need for additional
landfill space or other disposal options; (2) decreasing or even
eliminating the quantity, and increasing the quality of leachate
requiring treatment and offsite disposal, leading to decreased risks
and costs associated with leachate management, treatment and disposal;
(3) reduced post-closure care costs and risks, due to the accelerated,
controlled settlement of the solid waste during landfill operation; (4)
lower long term potential for leachate migration into the subsurface
environment; and (5) opportunity for recovery of methane gas for energy
production.
There are several XL projects involving operation of landfills as
bioreactors throughout the country. These landfill projects will enable
EPA to evaluate benefits of different alternative liners and leachate
recirculation systems under various terrains and operating conditions.
As expressed in the above referenced April 2000 Federal Register
document, EPA is interested in assessing the performance of landfills
operated as bioreactors and these XL projects could contribute valuable
data.
The Buncombe County project and other XL projects are expected to
contribute additional information on the performance of MSWLFs when
liquids are added to a landfill constructed with an alternative liner
system. The Agency is also interested in assessing the performance of
various types of alternative liners and how they meet the
[[Page 44064]]
design performance standard under bioreactor conditions.
The terms of the Buncombe County bioreactor project are contained
in the FPA. The FPA is available to the public at the EPA RCRA Docket
in Washington, DC, from the Region 4 XL Coordinator, and on the world
wide web at http://www.epa.gov/projectxl/.
III. Overview of the Buncombe County Landfill XL Project
The Buncombe County Solid Waste Management Facility operates a RCRA
Subtitle D municipal solid waste landfill in an area north of Asheville
in Buncombe County, western North Carolina. The landfill began
operation in 1997. The landfill facility encompasses approximately 600
acres although only a portion of that acreage is used for landfilling
operations at this time. The French Broad River traces the south and
west border of the landfill facility acreage. To date three cells of
the planned 10 cells for the facility have been constructed and are in
operation.
Cells 1 and 2 of the landfill facility were constructed in 1997
with the standard composite liner system prescribed in EPA regulations
implementing RCRA Subtitle D for MSWLFs. The standard liner consists of
24 inches of compacted clay with a hydraulic conductivity of no more
than 1 x 10-7 cm/sec overlain by a 60 millimeter High
Density Polyethylene (HDPE) membrane. Cell 3 was constructed with an
alternative liner system consisting of 18 inches of compacted clay with
a hydraulic conductivity of no greater than
1 x 10-5 cm/sec overlain by a geosynthetic clay liner (GCL)
with a hydraulic conductivity of no greater than 5 x 10-9
cm/sec and a 60-mil HDPE liner.
Cells 1, 2, and 3 were constructed with a leachate collection/
drainage system consisting of two feet of crushed stone. A 28 oz.
fabric cushion protects the underlying synthetic liner from penetration
or abrasion from the stone. Interior walls of each cell (lift) slope to
a collection sump where leachate is pumped out over the cell wall
(i.e., no liner penetration). A central leachate collection line was
also installed in Cell 3 to improve leachate collection due to the
lesser interior slopes. Leachate is pumped from each of the cells to a
1.5 million gallon composite lined leachate holding pond. A tanker
truck pumps leachate from the holding pond and hauls it to a wastewater
treatment plant located seven miles from the landfill facility.
A. Description of the Project
Buncombe County intends to construct and operate a combined
leachate recirculation and gas recovery system in prototype Cells 4 and
5 for which construction began in August, 2000. Cells 4 and 5 will be
constructed with the same alternative liner system as was installed in
Cell 3. If operation of these prototype cells is successful, Buncombe
County will construct the remaining Cells 6-10 with the same
alternative liner system and combined leachate recirculation and gas
recovery system. Recirculation of leachate would not be permitted under
the current federal regulations using the alternative liner by Buncombe
County. Buncombe will begin recirculation of leachate in Cell 3 when
this rule is finalized.
Prior to adding any supplemental liquids to the facility, Buncombe
County will prepare a comprehensive landfill stability analysis under
recirculation conditions with supplemental liquids. Buncombe County
will submit this analysis to three university professors who are
recognized as experienced in the field of geotechnical engineering in
general and landfill slope stability. The County will incorporate
comments from these professors into a final stability analysis for
their review. The County will forward the analysis along with letters
from the reviewing professors stating that the landfill should remain
stable under the operating plan developed by the County, to the USEPA
and the State of North Carolina for concurrence prior to adding any
supplemental liquids.
As is the case with Cells 1, 2, and 3, Buncombe County will install
an automatic submersible pump at the collection point at the bottom of
each landfill cell with appurtenant piping to pump the leachate
collected to the leachate holding pond. The pump engages automatically
when the leachate reaches a certain depth above the pump. A new pump
system and dedicated force main will be constructed at the leachate
holding pond to direct leachate back to the landfill cells for
recirculation.
During operation, solid waste will be added and compacted in layers
above the landfill liner and leachate collection system. Additional
piping will be installed in a horizontal configuration as the solid
waste layers build. The piping will be used to redistribute leachate
pumped from the leachate holding pond and to collect landfill gas.
As further protection against liner leakage, performance of the
liner system will be monitored by an adjunct leak detection system
underlying the compacted soil layer of the sump portion of each
landfill cell. The leak detection system will consist of 60-mil HDPE
liner placed on a prepared subgrade. Any leakage through the primary
composite liner system will be captured on the 60 mil HDPE liner and
fed to a sump. A 4-inch capped pipe will drain leachate collected in
the sump out beyond the footprint of the landfill cell. The capped pipe
will be sampled semi-annually to determine whether any leachate escaped
the composite liner.
As required by 40 CFR 258.51, Buncombe County installed groundwater
monitoring wells to monitor whether landfill operations impact
groundwater. Two upgradient groundwater monitoring wells were installed
and sampled prior to construction of the first cell to determine true
background groundwater quality in the absence of any landfill
construction or operation. Additional downgradient monitoring wells
will continue to be installed with the construction of each landfill
unit. These wells will continue to be sampled semi-annually for
constituents listed in Appendix I of the North Carolina Solid Waste
Management Rules.
Moisture content of the landfill waste will be monitored throughout
the life of the project through a network of moisture sensors installed
as waste is placed. Final design of the moisture detection system will
occur with preparation of the permitting application.
Surface water quality is currently monitored at three stations
around the facility. All surface water runoff from the site flows north
through erosion control structures to Blevin Branch. Blevin Branch will
continue to be monitored at the eastern end of the site where it
originates and at the western end where it exits the landfill facility.
Leachate will be applied to landfill waste during operations to
provide enhanced conditions for rapid waste decomposition. If
additional water is needed to achieve optimal moisture level, this
water will be drawn from the French Broad River.
Leachate will be injected below the landfill surface to prevent
contact with employees or users of the landfill. In addition, the
County may apply leachate to the working face after the landfill has
stopped receiving customers and just before the day's waste is covered.
At that time, the only people nearby will be the driver of the leachate
spray truck and the heavy equipment operators placing the soil cover.
These persons should not come in contact with the leachate. If
supplemental river water is
[[Page 44065]]
used, it will first be discharged to the leachate collection pond
before application to the landfill or the river water will be applied
directly to the working face of the landfill by tanker truck. The
recirculation system will be designed and operated to allow application
of leachate in small, discreet areas as needed to maintain an optimum
moisture level.
The volume of leachate and supplemental water added back to the
landfill will be monitored throughout the life of the project.
Recirculation quantities will be quantified using flow sensors
installed on the leachate discharge line at the leachate holding pond
and on the delivery lines to each cell. The objective is to determine
the amount of leachate returned to each cell individually and determine
an optimum moisture content and application rate.
Proponents of leachate recirculation claim that there is an
improvement in leachate quality due to the aerobic and anaerobic
decomposition of constituents which serve as a food source to the
bacteria. Improved leachate quality is an indicator of a stabilized
waste mass that poses a decreased threat to groundwater supplies should
the containment system breach at some future date. Buncombe County will
sample leachate from each cell semi-annually to determine whether
leachate quality is improving.
Since effective degradation of the waste mass and gas production
depend on optimizing the temperature within the landfill cell,
temperature gauges will be installed along with the moisture sensors as
waste is added to the landfill. As each cell reaches design grade,
monuments will be installed to monitor settlement of the waste.
Monument settlement will be evaluated semi-annually. Additionally,
annual aerial topographic surveys will be conducted to evaluate
settlement and the effectiveness of the leachate recirculation system.
B. What Are the Environmental Benefits Anticipated Through Project XL?
Under the FPA for the Buncombe County bioreactor project, the
expected superior environmental benefits include: (1) maximizing
landfill gas control and minimizing fugitive methane and VOC emissions;
(2) greater recovery of landfill gas; (3) landfill life extension and/
or reduced landfill use; and (4) minimizing leachate associated
groundwater concerns.
1. Maximizing Landfill Gas Control and Minimizing Fugitive Methane
and VOC Emissions.
Landfill gas contains roughly 50% methane, a potent greenhouse gas.
In terms of climate effects, methane is second in importance only to
carbon dioxide. Landfill gas also contains volatile organic compounds
(VOC's) that are air pollutants of local concern. Buncombe County will
immediately begin collecting landfill gas by installing a gas
collection system consisting of a surface permeable gas collection
layer overlain by a cover of soil with an embedded membrane. Gas will
be withdrawn such that this permeable layer beneath surface containment
will be at a slight vacuum. This system will minimize the amount of
landfill gas emitted to the environment. Buncombe County will
immediately begin collecting landfill gas once recirculation operations
begin.
2. Expedited Methane Generation/Recovery.
If the landfill were operated as a conventional landfill, the
County would likely not have to install a gas collection system at this
facility under New Source Performance Standards (NSPS) for several
years. However, in the Buncombe bioreactor, the majority of the methane
will be generated over a much earlier and shorter time period than a
conventional landfill. The County has committed to installing the
system and collecting gas as soon as recirculation begins which should
make the total amount of gas collected at this site greater than if it
operated conventionally and only complied with NSPS. This is expected
to minimize the long-term low-rate methane generation often lost in
conventional landfill practices.
3. Landfill Life Extension And/or Reduced Landfill Use.
The more rapid conversion of greater quantities of solid waste to
gas reduces the volume of the waste. Volume reduction translates into
either landfill life extension and/or less landfill use. Thus, this
bioreactor landfill will be able to accept more waste over its working
lifetime, subject to applicable State regulatory requirements.
Additionally, fewer landfills may be needed to accommodate the same
inflows of waste from a given population.
4. Minimizing Leachate-Associated Concerns.
Research has shown that bioreactor processes can reduce the
concentration of many pollutants in leachate. These include organic
acids and other soluble organic pollutants. Since a bioreactor
operation brings pH to near-neutral conditions, metals of concern are
largely precipitated and immobilized in the waste.
C. How Have Various Stakeholders Been Involved in this Project?
Buncombe County encouraged stakeholder involvement during the
project development stage in several ways. The methods included
communicating through the media (newspaper, e-mails, and XL website);
directly contacting interested parties; and offering an educational
program regarding the regulatory requirements impacted by the XL
project. Buncombe County has continued to keep stakeholders informed on
the project status via mailing lists, newspaper articles, and public
meetings; and EPA has posted information on the website at URL: http://www.epa.gov/projectxl/buncombe/index.htm. In addition, Buncombe County
has initiated stakeholder involvement by televising a presentation of
the issues associated with the landfill originally presented to the
Buncombe County Commissioners' Annual Retreat. The State of North
Carolina and EPA are kept informed of issues as they arise.
Representatives from the local community and the Blue Ridge
Environmental Defense League participated in conference calls and
meetings with the Project XL team and provided comments during the
development of the Final Project Agreement.
Few local stakeholders other than immediate residents have
expressed interest in actively participating in the development of the
project. Copies of all comment letters, as well as EPA's response to
comment letters, are available on the website.
As this XL project is implemented, the stakeholder involvement
program will shift its focus to ensure that: (1) Stakeholders are
apprized of the status of project implementation; and, (2) stakeholders
have access to information sufficient to judge the success of this
Project XL initiative. Anticipated stakeholder involvement during the
term of the project will likely include other general public meetings
to present periodic status reports, availability of data and other
information generated. Buncombe County will convene periodic meetings
for interested stakeholders to brief them on progress during the
duration of the XL Agreement. In addition to the reporting requirements
of today's rule, the FPA includes provisions whereby the County will
make copies of project reports available to all interested parties. A
public file on this XL project has been maintained at the website
throughout project development, and the EPA will continue to update it
as the project is
[[Page 44066]]
implemented. Additional information is available at EPA's website at
http://www.epa.gov/projectxl.
A detailed description of this program and the stakeholder support
for this project is included in the Final Project Agreement, which is
available through the docket or through EPA's Project XL site on the
Internet (see ADDRESSES section of this preamble).
Buncombe County has preliminarily identified the following
stakeholders, and additional stakeholders may be added over time:
--Buncombe County General Services Department
--Buncombe County Citizens, as represented by the Buncombe County Board
of Commissioners
--Buncombe County Environmental Affairs Board, representing citizens of
Buncombe County
--The North Carolina Chapter of the Solid Waste Association of North
America (NCSWANA)
--The Western North Carolina Regional Air Pollution Control Agency
(which has authority to issue a Title V Permit under the Clean Air Act)
--Blue Ridge Environmental Defense League
--Counsel of Independent Business Owners
--Nearby residents
D. How Will This Project Result in Cost Savings and Paperwork
Reduction?
With respect to Cell 3, the alternative liner system saved Buncombe
County nearly $400,000 as compared with the standard composite system.
It is estimated that the County will save a total of $5 million through
build-out of the facility if the alternative liner system is used.
Other potential cost savings from the project include:
1. $5-$10 million in reduced construction costs for additional
landfill capacity if an increase of 20%-30% in additional waste volume
can be achieved due to rapid waste decomposition during operations;
and,
2. $9 million if leachate hauling and off-site treatment can be
eliminated. No appreciable reduction in paperwork is anticipated.
IV. What Regulatory Changes Are Being Made To Implement This
Project?
A. Existing Liquids Restriction for MSWLFs (40 CFR 258.28)
Today's site-specific rule adds the Buncombe County landfill to
those MSWLFs which are granted regulatory flexibility from 40 CFR
258.28 Liquid Restrictions under 40 CFR 258.28(a)(3). Under the
existing rule, bulk or noncontainerized liquid waste is not allowed to
be placed in a MSWLF unit unless (1) the waste is household waste other
than septic waste, (2) the waste is leachate or gas condensate derived
from the MSWLF unit and the MSWLF unit is designed with a composite
liner and leachate collection system as described in Sec. 258.40(a)(2),
or (3) they are designated as Project XL MSWLF units meeting the
applicable requirements set forth at 40 CFR 258.41. As stated above,
Buncombe County seeks to recirculate leachate derived from the
landfill, possibly supplemented with river water, to Cell 3 and future
cells, all of which have or are expected to have a liner system that
differs from the liner prescribed in 40 CFR 258.41(a)(2). Cells 1 and 2
were constructed with the prescribed liner, and therefore be allowed to
receive leachate and gas condensate under 40 CFR 258.28(a)(2).
EPA has entered into Final Project Agreements for several
bioreactor pilot projects. Each of these projects will require a site-
specific rulemaking in order to be implemented.
B. Site-Specific Rule
Today's rule amends 40 CFR 258.41 by adding a new section,
Sec. 258.41(a). The new Sec. 258.41(a) specifically applies to the
Buncombe County Solid Waste Management Facility in Buncombe County,
North Carolina and will allow Cells 1-10 of the landfill to utilize
recirculation of leachate supplemented with river water, as long as
each cell meets the design criteria and other requirements set forth in
Sec. 258.41(a).
1. Design Specifications
Currently, federal regulations outline two methods for complying
with liner requirements for municipal solid waste landfills. The first
method is a performance standard under 40 CFR 258.40(a)(1). This
standard allows installation of any liner configuration provided the
liner design is approved by an EPA-approved state and the design
ensures that certain constituent concentrations are not exceeded in the
uppermost aquifer underlying the landfill facility at the point of
compliance.
The second method is set out in 40 CFR 258.40(a)(2) and (b).
Section 258.40(b) sets forth a liner design which consists of two
components: (1) an upper component comprising a minimum of 30 mil
flexible membrane liner (60 mil if High Density Polyethylene (HDPE) is
used); and (2) a lower component comprising at least two feet of
compacted soil with a hydraulic conductivity no greater than
1x10-7 cm/sec.
As stated earlier, leachate recirculation in municipal landfills is
allowed under 40 CFR 258.28(a)(2) but only if the liner system complies
with the design standard set out under 40 CFR 258.40(b) and a leachate
collection system as described in Sec. 258.40(a)(2). The reason that
the existing regulation requires a leachate collection system and a
composite liner design as specified Sec. 258.40(a)(2) is to ensure that
contaminant migration to the aquifer is controlled. (56 FR 50978, 51056
(Oct. 9, 1991)).
Under today's proposal, 40 CFR 258.41(a) specifically addresses
Buncombe County Landfill in Alexander, North Carolina and allows Cells
3-10 of that landfill to recirculate leachate over an alternative liner
as long as those cells met the requirements set forth in that
subsection. Section 258.41(a)(4) provides an alternative to the
landfill liner design requirements set forth at 40 CFR 258.40(a)(2) and
(b). These design criteria are identical to the liner design described
in 40 CFR 258.40(b), except that the upper component includes a 60 mil
HDPE liner overlying a GCL with a hydraulic conductivity of no greater
than 5 x 10-9 cm/sec. The lower component of the composite
liner consists of 18 inches of compacted soil with a hydraulic
conductivity of not more than 1 x 10-5 cm/sec. The GCL will
overlay and be in direct contact with the compacted soil layer.
The State of North Carolina reviewed the alternative liner system
for Cell 3 prior to approval and authorization for construction. The
state's alternative liner design showed a leakage rate through the
standard Subtitle D liner system and compared that figure against rates
calculated for the alternative liner system for Cell 3. The standard
liner calculations produced a leakage rate of 1.12 gallons/acre/day
while the alternative liner calculations produced a leakage rate of
only 0.53 gallons/acre/day (North Carolina Permitting Guidance for
Alternative Composite Liner Systems, June 1, 1998). The alternative
liner's leakage rate is expected to be less than half that of the
standard prescribed liner. The modeling performed to complete the
demonstration of the acceptability (and superiority) of the alternative
liner involves inputting the leakage rates into EPA's MULTIMED model,
which simulates the movement of contaminants leaching from a landfill.
The output of the MULTIMED model reflects the fact that the alternative
liner is more protective than the standard regulatory liner. Based on
this information, EPA is satisfied that the
[[Page 44067]]
liner design will afford as much, if not more, protection to
groundwater as the standard composite liner specified in 40 CFR
258.41(a).
As further protection against liner leakage, this rule requires
cells 3-10 to be constructed with an adjunct leak detection system
underlying the compacted soil layer of the sump portion of each
landfill cell. The leak detection system will be required to consist of
60-mil HDPE liner placed on a prepared subgrade. Any leakage through
the primary composite liner system will be captured on the 60 mil HDPE
liner and fed to a sump. The design specifications also require a 4-
inch capped pipe to drain leachate collected in the sump out beyond the
footprint of the landfill cell.
Based on the modeling for the alternative liner, in conjunction
with the leak detection system, EPA believes that the addition of
landfill leachate into cells 3-10 will not result in any increased
leakage to groundwater from the bioreactor cells.
This rule does not change the requirement in 40 CFR 258.28(a)(2)
that a leachate collection system as described in 40 CFR 258.40(a)(2)
be in place in order for leachate to be recirculated in the landfill
unit. Buncombe County's design for Cells 3-10 is required to have
leachate collection systems designed to maintain leachate over the
liner to a depth of no more than 30 cm.
2. Operational Requirements
This rule only allows certain liquid waste to be added to the
Buncombe County facility. Section 258.41(a)(2) authorizes only leachate
or gas condensate derived from the MSWLF, which may be supplemented
with water from the French Broad River. Buncombe County will also be
required to control liquids addition in order to assure that the
average moisture content of the landfill does not exceed 50% by weight.
EPA is allowing a moisture content of 50% by weight because this is in
the middle of the 40%-70% range commonly accepted as needed for
biological reaction to go forward in a bioreactor landfill.\1\ The rule
allows the State Director to establish a different maximum limit on
landfill unit moisture content if the State Director determines that a
different limit is either necessary to maintain the integrity of the
landfill and its liner system or to increase the reaction rate,
provided landfill and liner system integrity are maintained. As
previously stated, prior to adding any supplemental liquids to the
facility, Buncombe County will prepare a comprehensive landfill
stability analysis under recirculation conditions with supplemental
liquids and will submit this analysis to three university professors
who are recognized as experienced in the field of geotechnical
engineering in general, and landfill slope stability. This rule also
includes, as a prerequisite to adding liquids, the requirement that
Buncombe County receive an air quality permit from the Western North
Carolina Regional Air Quality Agency incorporating requirements for
Buncombe County Landfill XL project. The air quality permit is also
referred to as the Federally-Enforceable State-Operating Permit
(FESOP). The air permit addressing the potential for earlier gas
generation was issued on November 13, 2000 and will be required to be
in effect during the entire period of leachate recirculation and post
closure period. As described above in section III.B., Expected Superior
Environmental Performance, one result of adding liquids to a landfill
is that landfill gases will be generated earlier and over a shorter
period than in a conventional landfill.
---------------------------------------------------------------------------
\1\ Reinhart, Debra R. and Townsend, Timothy G., Landfill Design
and Operation (Lewis Publ. 1998), p. 140.
---------------------------------------------------------------------------
3. Monitoring and Reporting
As discussed above in section III.A., Description of the Project,
an important element of the project is the information about bioreactor
operation, alternative liner performance, waste decomposition
efficiency, and potential environmental impacts. This rule requires
Buncombe County to monitor certain parameters which are not required
for conventional MSWLFs under 40 CFR part 258. Some of this data, for
example, moisture content, will be required in order to assess the
physical stability of the landfill unit. This rule also requires
Buncombe County to report data obtained from the required monitoring to
the State and EPA on an annual basis.
4. Duration of Authority
The FPA calls for the project to continue for 25 years in order to
take into account the bioreactor process in all 10 cells of the
facility. Therefore, today's rule provides that 40 CFR 258.41(a) be in
effect for 25 years from the effective date of the rule.
Today's rule also includes an early termination provision in the
event of noncompliance with the requirements of 40 CFR 258.41(a). The
EPA Regional Administrator for Region 4 is authorized to issue a notice
of termination, stating the reason for the decision to terminate the
authority under 40 CFR 258.41(a). The Regional Administrator could
terminate the rule with respect to all or part of the landfill cells
for which the site-specific authority to add liquids is required (Cells
3-10). Termination would take effect 60 days from the date of the
notice, unless the Regional Administrator determined, in writing, to
rescind the termination. In the event of termination, all the
applicable regulatory requirements of 40 CFR part 258 that would have
applied to the Buncombe County facility in the absence of 40 CFR
258.41(a) would be applicable. However, the Regional Administrator
could establish an interim compliance period if deemed necessary to
complete the transition from bioreactor operation to conventional ``dry
tomb'' operation.
This provision for early termination of the rule is not exclusive.
In addition to termination for noncompliance, the FPA allows any party
to the agreement to terminate the project before the end of 25 years,
for any reason. In the event that EPA determines that this project and
site-specific rule should be terminated for reasons other than
noncompliance before the end of the 25 year period and that the site-
specific rule should be rescinded, the Agency would withdraw this rule
through a subsequent rulemaking. This will afford all interested
persons and entities the opportunity to comment on the proposed early
termination and withdrawal of regulatory authority, and the proposed
termination would also include any proposal for an interim compliance
period while Buncombe County returned to full compliance with the
existing requirements of 40 CFR part 258.
In addition, new laws or regulations may become applicable during
the project term which might render the project impractical, or might
contain regulatory requirements that supersede this XL Project. Or,
during the project duration, EPA may decide to change the federal rule
allowing recirculation over alternative liners and the addition of
outside bulk liquids for all Subtitle D landfills. In that event, the
FPA and site-specific rule for this project would no longer be needed.
V. Additional Information
A. Why Is This Rule Immediately Effective?
Under 5. U.S.C. 553(d), the rulemaking section of the
Administrative Procedure Act, EPA is making this rule effective upon
publication. Under 5 U.S.C. 553(d)(1), EPA is making this rule
immediately effective because the rule relieves a
[[Page 44068]]
restriction in that it allows Buncombe County to add to the landfill
additional types of liquid waste beyond what is currently allowed under
40 CFR 258.28(a)(1) and (2). In addition, under 5. U.S.C. 553(d)(3),
EPA finds good cause exists to make this rule effective immediately
because Buncombe County is the only regulated entity affected by the
rule, sought the conditional relief provided in this rule, and has had
full notice of the rule. Making the rule immediately effective will
allow Buncombe County to proceed sooner with the bioreactor project.
B. How Does This Rule Comply With Executive Order 12866: Regulatory
Planning and Review?
Because this rule affects only one facility, it is not a rule of
general applicability and therefore not subject to OMB review and
Executive Order 12866. In addition, OMB has agreed that review of site
specific rules under Project XL is not necessary.
C. Is a Regulatory Flexibility Analysis Required?
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and public comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions. Only the definition
of ``small governmental jurisdiction'' is relevant here. 5 U.S.C.
601(5) defines ``small governmental jurisdiction'' to mean governments
of cities, counties, towns, townships, villages, school districts, or
special districts, with a population of less than fifty thousand.
According to Buncombe County officials, the county population in 1990
exceeded 150,000; thus, Buncombe County does not qualify as ``small
governmental jurisdiction'' within the meaning of 5 U.S.C. 601(5).
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have an significant
impact on a substantial number of small entities. This final rule will
not impose any requirements on small entities because no small entities
are subject to this rule.
D. Is an Information Collection Request Required for This Rule Under
the Paperwork Reduction Act?
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq. The requirements of this rule do not apply to 10 or more entities,
therefore the PRA does not apply.
E. Does This Rule Trigger the Requirements of the Unfunded Mandates
Reform Act?
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including cost benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments in
the aggregate or to the private sector of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of the EPA regulatory proposal with significant Federal
mandates, and informing, educating, and advising small governments on
compliance with the regulatory requirements.
As discussed above, this rulemaking has limited application. It
applies only to the Buncombe County Solid Waste Management Facility. If
adopted, this rule will result in a cost savings for Buncombe County
when compared with the costs it would have had to incur if required to
adhere to the requirements contained in the current rule. As such, this
rule does not contain a Federal mandate that may result in expenditures
of $100 million or more for state, local, or tribal governments, in the
aggregate, or the private sector in any one year. While this rule will
have a unique affect for Buncombe County, the population of Buncombe
County exceeds that which would qualify it as a ``small government,''
therefore, EPA is not required under section 203 of UMRA to develop a
small government plan. However, EPA has worked with and continues to
work with Buncombe County, affected citizens, and other stakeholders in
seeking meaningful and timely input into the development of the Final
Project Agreement and this rule. Thus, today's rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
F. How Does the Congressional Review Act Apply to This Rule?
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this is a rule of particular applicability.
G. How Does This Rule Comply With Executive Order 13045: Protection of
Children From Environmental Health Risks and Safety Risks?
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant,'' as defined in Executive Order 12886; and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to potentially effective and feasible
alternatives considered by the Agency.
This rule is not subject to the Executive Order because it is not
economically significant as defined in
[[Page 44069]]
Executive Order 12866, and because the Agency does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children. This rule does not
involve decisions based on environmental health or safety risks because
it is limited to modifying a regulatory construction standard for a
municipal solid waste liner that is expected to result in a liner which
performs at least as well as the liner design specified in the current
regulations and for a lesser construction cost.
H. How Does This Rule Comply With Execute Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial and
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This rule does not have federalism implications. It will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of powers
and responsibilities among various levels of government, as specified
in Executive Order 13132. This rulemaking will only affect one local
governmental entity and state and will provide regulatory flexibility
for each entity concerned. Thus, Executive Order 13132 does not apply
to this rule.
I. How Does This Rule Comply With Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments?
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
EPA is currently unaware of any Indian tribes located in the vicinity
of the landfill or Buncombe County. Thus, Executive Order 13175 does
not apply to this rule.
J. Does This Rule Comply With the National Technology Transfer and
Advancement Act?
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
104-113, requires that EPA use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (for example, material specifications, test
methods, sampling procedures, and business practices) developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This rulemaking involves technical standards. EPA has decided to
use existing voluntary consensus standards developed by the American
Society of Testing and Materials (ASTM). EPA is using ASTM D5261 and
ASTM D2216-98 as standards for the geosynthetic liner specified in 40
CFR 258.41(a)(4)(iii). These standards assure the proper standards of
production for geotextiles and geosynthetic clay liners addressed in
today's rule. ASTM D5261 was approved on June 15, 1992. ASTM D2216-98
was approved in 1998. These standards are available from ASTM through
their website, http://www.astm.org/, or by contacting ASTM at 100 Barr
Harbor Drive, West Conshohocken, Pennsylvania, 19428-2959. The ASTM is
a voluntary consensus standards-setting body under the NTTAA.
K. Does This Rule Comply With Executive Order 13211: Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use?
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
List of Subjects in 40 CFR Part 258
Environmental protection, Incorporation by reference, Landfill,
Solid waste.
Dated: August 14, 2001.
Christine Todd Whitman,
Administrator.
For the reasons set forth in the preamble, part 258 of title 40
Chapter I of the Code of Federal Regulations is amended as follows:
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--[AMENDED]
1. The authority citation for part 258 continues to read as
follows:
Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907,
6912(a), 6944, 6945(c), and 6949a(c).
Subpart D--Design Criteria
2. Section 258.41 is amended by adding paragraph (a) to read as
follows:
Sec. 258.41 Project XL Bioreactor Landfill Projects.
(a) Buncombe County, North Carolina Project XL Bioreactor Landfill
Requirements. Paragraph (a) of this section applies to Cells 1, 2, 3,
4, and 5 of the Buncombe County Solid Waste Management Facility located
in the County of Buncombe, North Carolina, owned and operated by the
Buncombe County Solid Waste Authority, or its successors. This
paragraph (a) will also apply to Cells 6, 7, 8, 9, and 10, provided
that the EPA Regional Administrator for Region 4 and the State Director
determine that the pilot project in Cells 3, 4, and 5 is performing as
expected and that the pilot project has not exhibited detrimental
environmental results.
(1) The Buncombe County Solid Waste Authority is allowed to place
liquid waste in the Buncombe County Solid Waste Management Facility,
provided that the provisions of paragraphs (a)(2) through (9) of this
section are met.
(2) The only liquid waste allowed under this section is leachate or
gas
[[Page 44070]]
condensate derived from the MSWLF, which may be supplemented with water
from the French Broad River. The owner or operator shall control any
liquids to the landfill to assure that the average moisture content of
the landfill does not exceed 50% by weight. Liquid addition and
recirculation is allowed only to the extent that the integrity of the
landfill including its liner system is maintained, as determined by the
State Director.
(3) The MSWLF unit shall be designed and constructed with a liner
and leachate collection system as described in Sec. 258.40(a)(2) or
paragraphs (a)(4) and (5) of this section. The owner or operator must
place documentation of the landfill design in the operating record and
notify the State Director that it has been placed in operating record;
(4) Cells 3-10 shall be constructed with a liner system consisting
of the components described in paragraphs (a)(4)(i) through (v) of this
section, or an equivalent or superior liner system as determined by the
State Director:
(i) A lower component consisting of at least 18 inches of compacted
soil with a hydraulic conductivity of no more than 1 x 10-5
cm/sec., and
(ii) An upper component consisting of a minimum 30-millimeter
(``mil'') flexible membrane liner (FML) or 60-mil if High Density
Polyethylene (``HDPE'') is used, and
(iii) A geosynthetic clay liner (GCL) overlaying and in direct
contact with the 18 inches of compacted soil in paragraph (a)(4) of
this section and having the following properties:
(A) The GCL shall be formulated and manufactured from polypropylene
geotextiles and high swelling containment resistant sodium bentonite.
The bentonite-geotextile liner shall be manufactured using a minimum of
one pound per square foot as determined using the Standard Test Method
for Measuring Mass per Unit Area of Geotextiles, ASTM D-5261-92
(reapproved in 1996). The high swelling sodium montmorillonite clay
shall be at 12% moisture content as determined by the Standard Test
Method for Laboratory Determination of Water (Moisture) Content of Soil
and Rock by Mass, ASTM D2216-98. The Director of the Federal Register
approves this incorporation by reference with 5 U.S.C. 552(a) and 1 CFR
part 51. These methods are available from The American Society for
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA
19428-2959. These methods may be inspected at EPA's docket office
located at Crystal Gateway, 1235 Jefferson Davis Highway, First Floor,
Arlington, Virginia, or at the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700, Washington, DC.
(B) The encapsulating geotextile shall be polypropylene and shall
have a minimum weight of 6 oz./square yard.
(iv) The upper component shall be installed in direct and uniform
contact with an overlaying soil cushioning component.
(v) Underlying the above liner system, there shall also be
installed a leak detection system consisting of a 60-mil HDPE liner
placed on a prepared subgrade.
(A) A 4 inch capped pipe will drain liquid collected in the sump
out beyond the footprint of the landfill cell.
(B) Water collected on the leak detection liner shall be monitored
at least semi-annually as directed by the State Director to determine
whether any leachate escaped the liner system.
(5) Cells 3-10 shall be designed and constructed with a leachate
collection system to maintain less than 30 centimeters depth of
leachate is present at the sump location. The leachate collection
system shall include a continuous monitoring system to monitor depth of
leachate.
(6) The owner/operator shall keep the Federally Enforceable State
Operating Permit (FESOP) issued by the Western North Carolina Air
Quality Agency for the Buncombe County Solid Waste Management Facility
in effect, and shall comply with the provisions of the FESOP, during
the entire period of leachate recirculation and the post closure
period. The FESOP was issued on November 13, 2000 and contains the air
quality requirements for the Buncombe County Landfill XL project.
(7) Monitoring and Reporting Requirements. The owner or operator of
the Buncombe County Solid Waste Management Facility shall monitor for
the parameters listed in paragraphs (a)(7)(i) through (xiii) of this
section and submit an annual report on the XL project to the EPA
Regional Administrator for Region 4 and the State Director. The first
report is due coincident with the October 2001 report to the state. The
report should state what progress has been made toward the superior
environmental performance and other commitments as stated in the Final
Project Agreement. The report shall include, at a minimum, the
following data:
(i) Amount of landfill gas generated;
(ii) Percent capture of landfill gas, if known;
(iii) Quality of the landfill gas, amount and type of liquids
applied to the landfill;
(iv) Method of liquids application to the landfill;
(v) Quantity of waste placed in the landfill;
(vi) Quantity and quality of leachate collected;
(vii) Quantity of leachate recirculated back into the landfill;
(viii) Information on the pretreatment of waste applied to the
landfill;
(ix) Data collected on landfill temperature and moisture content;
(x) Data on the leachate pressure (head) on the liner;
(xi) Observations, information, and studies made on the physical
stability of the MSWLF units that are developed during the project
term, if any.
(xii) The above data may be summarized, and, at a minimum shall
contain, the minimum, maximum, median, and average data points as well
as the frequency of monitoring as applicable.
(xiii) The method and frequency of monitoring shall be specified by
the State Director.
(8) Termination and Withdrawal.
(i) Paragraph (a) of this section will terminate August 22, 2026,
unless a subsequent rulemaking is issued or terminated earlier pursuant
to paragraph (a)(8)(ii) of this section.
(ii) In the event of noncompliance with paragraph (a) of this
section, EPA may terminate the authority under paragraph (a) of this
section and the authority to add liquid wastes to all or part of cells
3-10 under Sec. 258.28(a)(3). The EPA Regional Administrator will
provide written notice of intent to terminate to the Buncombe County
Solid Waste Authority with a copy to the State Director. The notice
will state EPA's intent to terminate under the rules and will include a
brief statement of EPA's reasons for its action. The termination will
take effect 60 days from the date of the notice, unless the EPA
Regional Administrator for Region 4 issues a written notice rescinding
the termination.
(9) Compliance requirements in the event of termination or
withdrawal. The Buncombe County Solid Waste Management Facility will be
subject to all regulatory provisions applicable to MSWLFs upon
termination of authority under this section. In the event of early
termination of this section, the EPA Regional Administrator for Region
4 may provide an interim period of compliance to allow Buncombe County
a reasonable period of time for transition following cessation of
liquids addition.
* * * * *
[FR Doc. 01-20894 Filed 8-21-01; 8:45 am]
BILLING CODE 6560-50-P