[Federal Register Volume 68, Number 215 (Thursday, November 6, 2003)]
[Notices]
[Pages 62807-62808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27952]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7583-8]


Regulatory Innovation Pilot Projects (Project XL)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of the final project agreement 
modifications to Buncombe County Leachate Recirculation/Gas Recovery 
(Bioreactor) Project XL pilot.

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SUMMARY: EPA is requesting comments on modifications to the Project XL 
Final Project Agreement (FPA) for Buncombe County. The FPA is a 
voluntary agreement that was developed collaboratively by Buncombe 
County, the North Carolina Department of Environment and Natural 
Resources (NCDENR), and EPA. The original FPA was agreed upon and 
signed by each participant on September 18, 2001. Since that time, 
Buncombe County has utilized the expertise of a couple of widely-
recognized experts in the bioreactor field--Dr. Morton Barlaz (North 
Carolina State University), and Dr. Debra Reinhart (University of 
Central Florida). These technical experts have made a few professional 
recommendations to Buncombe County regarding the Buncombe County 
bioreactor landfill project. These recommendations have been documented 
in a Preliminary Design Report (PDR) submitted to EPA and the State in 
September 2002. The Preliminary Design Report contains a table that 
lays out seven specific proposed FPA modifications. For each of the 
proposed modifications, the table identifies: the FPA agreed-upon 
original criteria, proposed modification to FPA language, and reason 
for the modification. The recommendations are based upon the best 
professional judgement of the technical experts being utilized by 
Buncombe County. The FPA modifications will help to further clarify the 
existing FPA. The FPA modifications also identify what parameters the 
recognized experts perceive to be necessary (e.g., where the original 
FPA language may have been silent), or unnecessary and not very useful. 
The proposed FPA modifications contain suggestions for specific 
parameters that are directly applicable to the decomposition of wastes, 
thereby steering the State of North Carolina, EPA, and Buncombe County 
towards more useful and consistent measuring of critical data. EPA has 
determined that these FPA modifications would not warrant a change to 
the rule; however, EPA is providing notice to the public and 
stakeholders regarding these modifications to the FPA for Buncombe 
County.
    The Project XL program, 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. In 1995, EPA had set a goal of 
implementing fifty XL projects undertaken in full partnership with the 
States. The Agency had achieved the goal of implementing 50 innovative 
pilot projects, and as of January, 2003 EPA is no longer accepting 
proposals for new Project XL pilot projects. The implementation of 
several of these innovative pilots is on-going. Buncombe County is one 
of the many innovative pilots that is currently in the implementation 
phase.
    In the 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 sought relief from current 
Resource Conservation and Recovery Act (RCRA) Subtitle D regulations 
(40 CFR part 258), which set forth design and operating criteria. 
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 also 
sought regulatory flexibility from the prohibition in 40 CFR 258.28, 
Liquid Restrictions, which precludes the addition of useful bulk or 
non-containerized liquid amendments. During periods of low leachate 
generation, Buncombe County wanted to be able 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 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 that are currently being 
implemented through the Project XL program. This

[[Page 62808]]

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. Modifications to the terms and conditions pertaining to this 
XL pilot project are contained in the Final Project Agreement (FPA), on 
which EPA is requesting comment today. The 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 
modification will be signed by representatives from the EPA, the State 
of North Carolina, and Buncombe County.
    The legal implementing mechanism for this project is a site-
specific rule. The proposed rule was made available for public comment 
on April 16, 2001 (66 FR 19403). The final rule was promulgated on 
August 22, 2001 (66 FR 44061). Through the final rule, the design of 
the bioreactor landfill is 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 do 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 December 8, 2003.

ADDRESSEES: All comments on the modification to the Final Project 
Agreement should be sent to: Sherri Walker, U.S. EPA, Ariel Rios 
Building, Mail Code 1807, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. Comments may also be received via electronic mail sent to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: To obtain a copy of the Project Fact 
Sheet or the Final Project Agreement, contact: Sherri Walker, U.S. 
Environmental Protection Agency, Mail Code 1807, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460. The FPA and related documents are 
also available via the Internet at the following location: http://www.epa.gov/projectxl/buncombe/index.htm. In addition, the original FPA 
and modified FPA are available at the Buncombe County General Services 
Department, 30 Valley Street, Asheville, NC. Questions to EPA regarding 
the documents can be directed to Sherri Walker at (202) 566-2186. 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 Donna Perla at the following 
address: Office of Policy and Environmental Innovation, U.S. EPA, Mail 
Code 1807, 1200 Pennsylvania Avenue, NW., Washington, DC 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: October 31, 2003.
Donna Perla,
Acting Director, Office of Environmental Policy Innovation.
[FR Doc. 03-27952 Filed 11-5-03; 8:45 am]
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