[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.41]
[Page 408-412]
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 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 1x10-5 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 National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
(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.
[[Page 409]]
(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
[[Page 410]]
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 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.
[[Page 411]]
(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.
(c) Virginia Landfills XL Project Requirements. Paragraph (c) of
this section applies solely to two Virginia landfills operated by the
Waste Management, Inc. or its successors: The Maplewood Recycling and
Waste Disposal Facility, located in Amelia County, Virginia (``Maplewood
Landfill''); and the King George County Landfill and Recycling Facility,
located in King George County, Virginia (``King George Landfill'')
collectively hereinafter, ``the VA Project XL Landfills or landfill.''
The VA Project XL Landfills are allowed to add non-hazardous bulk or
non-containerized liquids including, leachate, storm water and truck
wash water, hereinafter, ``liquid or liquids'', to Cell 3 of the King
George Landfill (hereinafter ``Cell 3'') and Phases 1 and 2 of the
Maplewood Landfill (hereinafter ``Phases 1 and 2'') under the following
conditions:
(1) The operator of the landfill shall maintain the liners
underlying Cell 3 and Phases 1 and 2, which were designed and
constructed with an alternative liner as defined in Sec. 258.40(a)(1)
in accord with their current installed design in order to maintain the
integrity of the liner system and keep it and the leachate collection
system in good operating order. The operator of the landfill shall
ensure that the addition of any liquids 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. In addition, the leachate collection
system shall be operated, monitored and maintained to ensure that less
than 30 cm depth of leachate is maintained over the liner.
(2) The operator of the landfill shall 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 operator of the landfill shall monitor and report whether
surface seeps are occurring and determine whether they are attributable
to operation of the liquid application system. EPA and VADEQ shall be
notified in the semi-annual report of the occurrence of any seeps.
(4) The operator of the landfill shall determine on a monthly basis
the leachate quality in test and control areas with and without liquid
addition. The operator of the landfill shall collect monthly samples of
the landfill leachate and analyze them for the following parameters: pH,
Conductivity, Dissolved Oxygen, Dissolved Solids, Biochemical Oxygen
Demand, Chemical Oxygen Demand, Organic Carbon, Nutrients (ammonia,
total kjeldahl nitrogen, total phosphorus), Common Ions, Heavy Metals
and Organic Priority Pollutants.
(5) The operator of the landfill shall determine on a semi-annual
basis the total quantity of leachate collected in test and control
areas; the total quantity of liquids applied in the test areas and
determination of any changes in this quantity over time; the total
quantity of leachate in on-site storage structures and any leachate
taken for offsite disposal.
(6) Prior to the addition of any liquid to the landfill, the
operator of the landfill shall perform an initial characterization of
the liquid and notify EPA and VADEQ of the liquid proposed to be added.
The parameters for the initial characterization of liquids shall be the
same as the monthly parameters for the landfill leachate specified in
paragraph (c)(4) of this section. The operator shall annually test all
liquids added to the landfill and compare these results to the initial
characterization.
(7) The operator of the landfill shall ensure that Cell 3 and Phases
1 and 2 are operated in such a manner so as to
[[Page 412]]
prevent any landfill fires from occurring. The operator of the landfill
shall monitor the gas temperature at well heads, at a minimum, on a
monthly basis.
(8) The operator of the landfill shall perform an annual surface
topographic survey to determine the rate of the settlement of the waste
in the test and control areas.
(9) The operator of the landfill shall monitor and record the
frequency of odor complaints during and after liquid application events.
EPA and VADEQ shall be notified of the occurrence of any odor complaints
in the semi-annual report.
(10) The operator of the landfill shall collect representative
samples of the landfill waste in the test areas on an annual basis and
analyze the samples for the following solid waste stabilization and
decomposition parameters: Moisture Content, Biochemical Methane
Potential, Cellulose, Lignin, Hemi-cellulose, Volatile Solids and pH.
(11) The operator of the landfill shall report to the EPA Regional
Administrator and the State Director on the information described in
paragraphs (c)(1) through (10) of this section on a semi-annual basis.
The first report is due within 6 months after the effective date of this
section. These reporting provisions shall remain in effect for the
duration of the project term.
(12) Additional monitoring, record keeping and reporting
requirements related to landfill gas will be contained in a Federally
Enforceable State Operating Permit (``FESOP'') for the VA Project XL
Landfills issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq.
Application of this site-specific rule to the VA Project XL Landfills is
conditioned upon the issuance of such a FESOP.
(13) This section applies until July 18, 2012. By July 18, 2012, the
VA Project XL Landfills must return to compliance with the regulatory
requirements which would have been in effect absent the flexibility
provided through this section. If EPA Region 3's Regional Administrator,
the Commonwealth of Virginia and Waste Management agree to an amendment
of the project term, the parties must enter into an amended or new Final
Project Agreement for any such amendment.
(14) The authority provided by this section may be terminated before
the end of the 10 year period in the event of noncompliance with the
requirements of paragraph (c) of this section, the determination by the
EPA Region 3's Regional Administrator that the project has failed to
achieve the expected level of environmental performance, or the
promulgation of generally applicable requirements that would apply to
all landfills that meet or exceed the performance standard set forth in
Sec. 258.40(a)(1). In the event of early termination EPA in
consultation with the Commonwealth of Virginia will determine an interim
compliance period to provide sufficient time for the operator to return
the landfills to compliance with the regulatory requirements which would
have been in effect absent the authority provided by this section. The
interim compliance period shall not exceed six months.
[66 FR 42449, Aug. 13, 2001, as amended at 66 FR 44069, Aug. 22, 2001;
67 FR 47319, July 18, 2002; 69 FR 18803, Apr. 9, 2004]