[Federal Register Volume 65, Number 146 (Friday, July 28, 2000)]
[Notices]
[Pages 46456-46457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19119]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6842-4]


Regulatory Reinvention (XL) Pilot Projects

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of the Project XL Proposed Final Project 
Agreement: Buncombe County Leachate Recirculation/Gas Recovery 
(Bioreactor) Project.

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SUMMARY: EPA is requesting comments on a proposed Project XL Final 
Project Agreement (FPA) for Buncombe County. The FPA is a voluntary 
agreement developed collaboratively by Buncombe County, the North 
Carolina Department of Environment and Natural Resources (NCDENR), and 
EPA. Project XL, announced in the Federal Register on May 23, 1995 (60 
FR 27282), gives regulated entities the flexibility to develop 
alternative strategies that will replace or modify specific regulatory 
or procedural requirements on the condition that they produce greater 
environmental benefits. EPA has set a goal of implementing fifty XL 
projects undertaken in full partnership with the states.
    In the draft Final Project Agreement, Buncombe County proposes to 
use certain bioreactor techniques (e.g., leachate recirculation) at its 
municipal solid waste landfill (MSWLF), to accelerate the 
biodegradation of landfill waste and decrease the time it takes for the 
waste to stabilize in the landfill. The principal objectives of this 
bioreactor XL project are to evaluate performance of an alternative 
landfill liner and to assess waste decomposition when recirculated 
leachate is added to the landfill. To achieve the objectives of the 
project, Buncombe County proposes to recirculate leachate in MSWLF 
cells to be constructed with a liner that differs in certain respects 
from the liner design specified in the Subtitle D regulations. In order 
to carry out this project, Buncombe County would need relief from 
current Resource Conservation and Recovery Act (RCRA) Subtitle D 
regulations (40 CFR part 258), which set forth design and operating 
criteria. This criteria currently precludes the recirculation of 
leachate in Subtitle D landfill cells not constructed with the standard 
Subtitle D composite liner system. Buncombe County desires to construct 
the remainder of its landfill cells with an approved alternative liner 
while implementing this leachate recirculation/gas recovery project. 
Buncombe County is also seeking regulatory flexibility from the 
prohibition in 40 CFR 258.28, Liquid Restrictions, which currently 
precludes the addition of useful bulk or non-containerized liquid 
amendments. During periods of low leachate generation, Buncombe County 
desires to supplement the leachate flow with water from the adjoining 
French Broad River to maintain moisture levels in the landfill.
    Some of the superior environmental benefits that Buncombe County 
expects to achieve with this project include: improved leachate 
quality; reduction in

[[Page 46457]]

the potential for uncontrolled releases of leachate to contaminate the 
groundwater, or gas to contaminate the air during the post-closure 
phase (should a containment system failure occur); increased gas yield 
and capture; rapid waste biodegradation and stabilization; increased 
lifespan of the landfill resulting in less need for construction of 
additional landfills; reduced post-closure costs; and faster 
reclamation of land for future use.
    The Buncombe County proposal is one of several bioreactor XL 
project proposals currently being considered by EPA. This proposed 
project to allow recirculation of leachate using an alternative 
landfill liner design will apply only to the Buncombe County Landfill 
in Asheville, North Carolina and the specific landfill cells at that 
landfill which are being considered under this proposal.
    The terms and conditions pertaining to this XL pilot project are 
contained in the draft Final Project Agreement (FPA), on which EPA is 
requesting comment today. The draft FPA sets forth the intentions of 
EPA, Buncombe County, and the State of North Carolina with regard to 
the implementation of the project and the expected benefits. After 
review of the comments received during the public comment period and 
revision of the FPA, as appropriate, the FPA will be signed by 
representatives from the EPA, the State of North Carolina, and Buncombe 
County.
    The legal implementing mechanism for this project will be a site-
specific rule. The draft rule is scheduled for publication in the 
Federal Register for public review and comment in late August 2000. The 
proposed rule would be ``conditional'' and would depend on 
implementation of the alternative design proposed today. Upon 
completion of the rulemaking, this design would be enforceable in the 
same way that current RCRA standards for landfills are enforceable to 
ensure that management of nonhazardous solid waste is performed in a 
manner that is protective of human health and the environment. The 
Final Project Agreement and the site-specific rule will not in any way 
affect the provisions or applicability of any other existing or future 
regulations.

DATES: The period for submission of comments ends on August 28, 2000.

ADDRESSEES: All comments on the proposed Final Project Agreement should 
be sent to: Ms. Michelle Cook, US EPA, Region 4, 61 Forsyth Street, 
Atlanta, GA 30303, or Ms. Sherri Walker, US EPA, Ariel Rios Building, 
Mail Code 1802, 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. 
Comments may also be faxed to Michelle Cook (404) 562-8063 or Sherri 
Walker (202) 260-3125. Comments may also be received via electronic 
mail sent to: [email protected] or [email protected].

FOR FURTHER INFORMATION CONTACT: To obtain a copy of the Project Fact 
Sheet or the proposed Final Project Agreement, contact: Michelle Cook, 
US EPA, Region 4, 61 Forsyth Street, Atlanta, GA 30303, or Sherri 
Walker, US EPA, Mail Code 1802, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW, Washington, D.C. 20460. The FPA and related documents are 
also available via the Internet at the following location: http://www.epa.gov/ProjectXL. In addition, the proposed FPA is available at 
the Buncombe County General Services Department, 30 Valley Street, 
Asheville, NC. Questions to EPA regarding the documents can be directed 
to Michelle Cook at (404) 562-8674 or Sherri Walker at (202) 260-4295. 
To be included on the Buncombe County Project XL mailing list about 
future public meetings, XL progress reports and other mailings from 
Buncombe County on the XL project, contact Bob Hunter, Director, 
Buncombe County General Services Department, (828) 250-5466. For 
information on all other aspects of the XL Program, contact Christopher 
Knopes at the following address: Office of Policy and Environmental 
Innovation, US EPA, Mail Code 1802, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW, Washington, D.C. 20460. Additional information 
on Project XL, including documents referenced in this notice, other EPA 
policy documents related to Project XL, regional XL contacts, 
application information, and descriptions of existing XL projects and 
proposals, is available via the Internet at http://www.epa.gov/
Projectxl.

    Dated: July 24, 2000.
Christopher A. Knopes,
Acting Director, Office of Environmental Policy Innovation.
[FR Doc. 00-19119 Filed 7-27-00; 8:45 am]
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