[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.41]
[Page 401-404]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION
AGENCY (CONTINUED)
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
Subpart D--Design Criteria
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 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
[[Page 402]]
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:
[[Page 403]]
(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.
(b) This section applies solely to Module D of the Yolo County
Central Landfill owned and operated by the County of Yolo, California,
or its successors. It allows the Yolo County Central Landfill to add
bulk or noncontainerized liquid wastes to Module D under the following
conditions:
(1) Module D shall be designed and constructed with a composite
liner as defined in Sec. 258.40(b) and a leachate collection system that
functions and continuously monitors to ensure that less than 30
centimeters depth of leachate is maintained over the liner.
(2) The owner or operator of the Yolo County Central Landfill must
ensure that the concentration values listed in Table 1 of Sec. 258.40
are not exceeded in the uppermost aquifer at the relevant point of
compliance for the landfill as specified by the State Director under
Sec. 258.40(d).
(3) The owner or operator of the Yolo County Central Landfill shall
demonstrate that the addition of any liquids to Module D does not result
in an increased leakage rate, and does not result in liner slippage, or
otherwise compromise the integrity of the landfill and its liner system,
as determined by the State Director.
(4) The owner or operator of the Yolo County Central Landfill must
ensure that Module D is operated in such a manner so as to prevent any
landfill fires from occurring.
(5) The owner or operator of the Yolo County Central Landfill shall
submit an annual report to the EPA Regional Administrator and the State
Director. The first report is due within 18 months after August 13,
2001. The report shall state what progress the Project is making towards
the superior
[[Page 404]]
environmental performance as stated in the Final Project Agreement. The
data in paragraphs (b)(5)(i) through (xvi) of this section may be
summarized, but, at a minimum, shall contain the minimum, maximum,
median, and average data points as well as the frequency of monitoring,
as applicable. These reporting provisions shall remain in effect for as
long as the owner or operator of the Yolo County Central Landfill
continues to add liquid waste to Module D. Additional monitoring, record
keeping and reporting requirements related to landfill gas will be
contained in a permit executed by the local air quality management
district pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq.
Application of this site-specific rule to the Yolo County Central
Landfill is conditioned upon the issuance of such permit. The annual
report will include, at a minimum, the following data:
(i) Amount of landfill gas generated;
(ii) Percent capture of landfill gas;
(iii) Quality of the landfill gas;
(iv) Amount and type of liquids applied to the landfill;
(v) Method of liquids application to the landfill;
(vi) Quantity of waste placed in the landfill;
(vii) Quantity and quality of leachate collected, including at least
the following parameters, monitored, at a minimum, on an annual basis:
(A) pH;
(B) Conductivity;
(C) Dissolved oxygen;
(D) Dissolved solids;
(E) Biochemical oxygen demand;
(F) Chemical oxygen demand;
(G) Organic carbon;
(H) Nutrients, (including ammonia [``NH3''], total
kjeldahl nitrogen [``TKN''], and total phosphorus [``TP'']);
(I) Common ions;
(J) Heavy metals;
(K) Organic priority pollutants; and
(L) Flow rate;
(viii) Quantity of leachate recirculated back into the landfill;
(ix) Information on the pretreatment of solid and liquid waste
applied to the landfill;
(x) Landfill temperature;
(xi) Landfill moisture content;
(xii) Data on the leachate pressure (head) on the liner;
(xiii) The amount of aeration of the waste;
(xiv) Data on landfill settlement;
(xv) Any information on the performance of the landfill cover; and
(xvi) Observations, information, or studies made on the physical
stability of the landfill.
(6) This section will remain in effect until August 13, 2006. By
August 13, 2006, Yolo County Central Landfill shall return to compliance
with the regulatory requirements which would have been in effect absent
the flexibility provided through this Project XL site-specific rule.
This section applies to Phase I of Module D. This section also will
apply to any phase of Module D beyond Phase I only if a second Final
Project Agreement that describes the additional phase has been signed by
representatives of EPA Region 9, Yolo County, and the State of
California. Phase I of Module D is defined as the operation of twelve
acres of the twenty acre Module D.
[66 FR 42449, Aug. 13, 2001, as amended at 66 FR 44069, Aug. 22, 2001]