REGULATORY ACCEPTANCE OFPOST-CLOSURE CARE INNOVATION

Mr. Charles G. Johnson

Colorado Department of Public Health and EnvironmentHazardous Material and Waste Management Division

2006 2

Innovation Who Needs It

2006 3

Rich History OfInnovation

“Innovation is the ability to see change as an opportunity - not a threat”

Imagination is more important than knowledge... Albert Einstein

2006 4

What is a Bioreactor?

EPA’s ORD proposed the following definition: “A landfill designed and operated in a controlled manner with the express purpose of accelerating the degradation of MSW inside a landfill containment system.” 2

2006 5

Teamwork AndInnovation

2006 6

ITRCA Tool of Innovation

Improve state permitting processes and

Speed successful implementation of innovation environmental technologies

From Desk to Dirt.

ITRC is a state-led, national coalition of regulators and others working to:

2006 7

Total Active Members: 18

7

Tribal0%

DOD37%

University18%

Vendor0%

Local Government

0%

DOE9%

Other Federal9%

Internatinal0%

NGO0%

Industry18%

Stakeholders9%

Alternative Landfill TechnologyTeam Composition

2006 8

Innovative Approaches to Ending Post-Closure Care

Regulatory Flexibility Section 258.61 Post-Closure Care Requirements

(a) Following closure of each MSWLF unit, the owner or operator must conduct post-closure care. Post-closure care must be conducted for 30 years, except as provided under paragraph (b) of this section, ………

2006 9

Post-Closure Care Questionnaire

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11

6

0

0

Statutes

Regulations

Policies

Guidance

BusinessPracticeNone

Does your State have statutes, regulations, policies, guidance or business practices that pertain to Post Closure Care?

2006 10

 Regulatory Flexibility

(1) Maintaining the integrity and effectiveness of any final cover,………;

(2) Maintaining and operating the leachate collection system ……if applicable. The Director of an approved State may allow the owner or operator to stop managing leachate if the owner or operator demonstrates that leachate no longer poses a threat to human health and the environment;

(3) Monitoring the ground water in accordance with the requirements of subpart E of this part,…… if applicable;

2006 11

Post-Closure Care Questionnaire

Do your State regulations governing Post Closure Care contain flexibility in the following categories?

6

8

85

7

8Duration of PCC

MonitoringRequirements

Financial Assurance;

Liability Transference

Land Re-use

Property End-use

2006 12

Regulatory Flexibility

(b) The length of the post-closure care period may be:

1) Decreased by the Director of an approved State if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment and this demonstration is approved by the Director of an approved State; or

(2) Increased by the Director of an approved State if the Director of an approved State determines that the lengthened period is necessary to protect human health and the environment.

2006 13

Post-Closure Care Questionnaire

Which of the following elements of Post Closure Care can be reduced before the end of the Post Closure Care Period?

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6

34

4

3

2

61

3

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Leachate Management

Gas Collection

Groundwater Monitoring

Cover System Maintenence

Cover System Monitoring

Financial Assurance

Inspections

Reporting

Access Control

Gas Monitoring

Community Awareness

2006 14

Post-Closure Care Elements

4. Cap MaintenanceAnd Monitoring

1. LCRS Operation and Maintenance

2. Gas MigrationControl/Monitoring

Other Factors:Surface Water MonitoringPerimeter SecurityGrounds Maintenance

3. GroundwaterMonitoring

Gas CollectionSystemGas Wells

Gas Probes

GroundwaterMonitor Wells

Leachate Recirculation

Primary andSecondary LCS

Liner System

2006 15

Guidance Post-Closure Care Goals

Protection of human health and the environment

Provide clear, consistent guidance on the need for and duration of PCC

Promote proactive management and assessment of the risks associated with landfills that should reduce the need for PCC

Create decision points to shorten or lengthen PCC

Identifying stressors on the landfill, potential failure modes, corrective action activities, and operating and management practices that meet this goal

2006 16

Guidance Post-Closure Care Goals

Means of evaluating the effect of changes in PCC on the cost or duration of PCC.

Present a performance-based approach to post-closure care can meet these goals.

Managing the threat (i.e., unacceptable risk) associated with a closed landfill on either an active or passive basis.

Premise: the remaining contents of the landfill do not pose a threat to human health and the environment.

2006 17

Performance evaluation of PCC

Characterize site setting and service capacity

Establish land use strategies

Evaluate residual threat integrating future land use & stakeholder input

Evaluate stressors and potential failure modes on and potential land reuse

2006 18

Advantages of Innovation

Understand surroundings & perspective

Understand other opportunities for innovation

Create momentum for others

Understand integration opportunities

2006 19

Integration