[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