Item 21 May 11-12, 2004 CIWMB Meeting Discussion And Request For Rulemaking Direction To Formally Notice Proposed Regulations For RCRA Subtitle D Program Research, Development, And Demonstration (RD&D) Permits

USEPA Final RD&D Rule  USEPA Draft Rule issued 6/02; Final Rule issued 3/22/04 and effective 4/21/04.  Allows approved Subtitle D Program states to provide temporary variances from some parts of 40 CFR 258 criteria to promote innovative municipal solid waste landfill technologies.  Related CIWMB items: Discussion item on bioreactors and Yolo County project 4/02; P&E Committee Field Trip/Workshop 10/03. Item 21, May CIWMB Meeting

USEPA RD&D Final Rule (cont.)  Specific criteria for which RD&D permit variance allowed: Run-on control systems 40 CFR (a)(1) CA: 27 CCR and Liquids restrictions 40 CFR (a) CA: 27 CCR 20200(d) and (SWRCB) Final cover (40 CFR (a)(1-2) and (b)(1)) CA: 27 CCR and  Examples of technologies where such variances may be required: bioreactor landfills; phytocovers

Item 21, May CIWMB Meeting RD&D and California’s Subtitle D Program  CA is an approved Subtitle D program State- jointly implemented by CIWMB and SWRCB.  Approved states must make changes to their Subtitle D Program as stringent to issue RD&D permits and allow for temporary variances. RD&D is not required to maintain approved state status but if not incorporated in State program, flexibility would not be allowed to approve these variances.  Item 21 Attachment is recommended draft regulation for 45-day comment for RD&D permits in CA (combined CIWMB/SWRCB 27 CCR 20070).

Item 21, May CIWMB Meeting Summary of Draft CA RD&D Regulations  Site-specific approval protocols using both existing SWFP and WDR permit processes, or if applicable, approved final closure plans; renewals allowed (up to three for twelve-year limit).  Site-specific JTD/Closure Plans, monitoring program, and annual reports; project termination authority.  Variances issued would not relieve operator from complying with all other state standards that apply to MSW landfills.  Staff conclude new 27 CCR along with existing state standards and multiple permits are more stringent than Subtitle D and protect PHS&E.

Item 21, May CIWMB Meeting Staff Response: May 7, 2004 Opposition Letter to RD&D Regulations 1.Set up a parallel process to give equally in-depth consideration to expanded source separated composting to manage the organic materials that bioreactors are being proposed for Staff Response: Other than the same existing ADC and beneficial use allowances for regular dry-tomb landfills, all residual solid waste placed in landfills operated as bioreactors would be disposal and enforced as such under AB939 requirements. Composting of organics is diversion and therefore already preferred under AB 939.

Item 21, May CIWMB Meeting Staff Response (cont.): May 7, 2004 Opposition Letter to RD&D Regulations 2.Develop scientifically appropriate RD&D protocols as a condition for permitting so-called research bioreactors; and 3.Establish boundary lines for minimum design and operation parameters Staff Response: Protocols and guidance are available and continue to be refined from the 20 projects in the US. The proposed regulations contain appropriate design and operation limits for site-specific approvals and conditions to be considered. A comment period as recommended by staff would allow the technical issues to be further reviewed with stakeholders, and if necessary, revisions to be considered.

Item 21, May CIWMB Meeting Staff Response: May 10, 2004 Opposition Letter to RD&D Regulations  Conduct market and life cycle analysis before initiating rulemaking process for new SW management technologies (including wet cell landfills) as legislatively mandated for conversion technologies. Staff Response: Other than for CTs (markets and life- cycle analyses) and ADC (markets) there is no specific statutory authority to require such studies in order to adopt state minimum standards. A market study was considered for ADC but concept not approved because of cost, complexity, length of time, and resource demands. If a market study on landfill impacts on composting is done it should be comprehensive and systematic (not just bioreactors).

Item 21 Options and Staff Recommendation 1.Direct staff to notice the proposed regulations for a 45-day public review and comment period. (Staff recommendation) 2.Direct staff to revise the proposed regulations, and notice the proposed regulations for a 45- day public review and comment period. 3.Direct staff to gather additional stakeholder input regarding the proposed regulations. 4.Direct staff to cease further activity to incorporate the RD&D Rule into California’s Subtitle D Program. Item 21, May CIWMB Meeting

Proposed CA-Specific RD&D Regulations Section Combined CIWMB and SWRCB Federal Subtitle D Research,Development, and Demonstration Permits (new) (a) Except as provided in paragraph (f) of this section, the EA with concurrence by the CIWMB, and the RWQCB, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from either or both of the criteria listed in subsections (1) and (2) below, provided that the MSWLF unit has a leachate collection system designed and constructed to maintain less than a 30-cm depth of leachate on the liner: (1) The run-on control systems in 40 CFR Section (a)(1), as implemented in Title 27, CCR; and (2) The liquids restrictions in 40 CFR (a), as implemented in Title 27, CCR.

Item 21, May CIWMB Meeting 27 CCR (b) The EA with concurrence by the CIWMB, and the RWQCB, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from the final cover criteria of 40 CFR (a)(1), (a)(2) and (b)(1), as implemented in Title 27, CCR, provided the MSWLF unit owner/operator demonstrates that the infiltration of liquid through the alternative cover system will not cause contamination of groundwater or surface water, or cause leachate depth on the liner to exceed 30-cm. (c) Any permit issued under this section must include such terms and conditions at least as protective as the criteria for MSWLFs, as set forth in this Division, to assure protection of public health and safety and the environment. Such permits shall: (1) Provide for the construction and operation of such facilities as necessary, for not longer than three years, unless renewed as provided in paragraph (e) of this section; Proposed CA-Specific RD&D Regulations (cont.)

Item 21, May CIWMB Meeting 20070(c)(2) Provide that the MSWLF unit must receive only those types and quantities of municipal solid waste and nonhazardous wastes which the EA, CIWMB, and the RWQCB, deems appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process; (3) Include such requirements as necessary to protect public health and safety and the environment, including such requirements as necessary for testing and providing information to the EA, CIWMB, and the RWQCB with respect to the operation of the facility; (4) Require the owner or operator of a MSWLF unit permitted under this section to submit an annual report to the State Director EA, CIWMB, and the RWQCB showing whether and to what extent the site is progressing in attaining project goals. The report shall also include a summary of all monitoring and testing results, as well as any other operating information specified by the State Director in the permit and its supporting documents; & (5) Require compliance with all MSWLF criteria, as set forth in this Division, except as permitted under this section. Proposed CA-Specific RD&D Regulations (cont.)

Item 21, May CIWMB Meeting 20070(d) The EA, CIWMB, or the RWQCB may order termination of all operations at the facility allowed under this section or other corrective measures at any time the EA, CIWMB, or the RWQCB determines that the overall goals of the project are not being attained, including protection of public health and safety or the environment, pursuant to procedures set forth in this Division, Division 7 of Title 14, and Division 30 of the Public Resources Code. (e) For the purposes of this section, a research, development, and demonstration permit shall mean the SWFP and WDRs issued pursuant to Chapter 4 of this Division, or if applicable, the approved final closure and postclosure maintenance plans required in accordance with Chapter 4 of this Division. (f) Any permit issued under this section shall not exceed three years and each renewal of a permit shall not exceed three years. The total term for a permit for a project including renewals shall not exceed twelve years. A permit renewal under this section shall conform to the following requirements: Proposed CA-Specific RD&D Regulations (cont.)

Item 21, May CIWMB Meeting 20700(f)(1) The applicant shall provide a detailed assessment of the project showing the status with respect to achieving project goals, a list of problems and status with respect to problem resolutions, and any other requirements specific to the operation that the EA with concurrence by the CIWMB, and the RWQCB determines are necessary for permit renewal. (2) The EA shall process the permit renewal in accordance with sections through of Chapter 4 of this Division. A permit issued under this section shall be renewed by amending the RFI or revising the SWFP, as applicable. (3) The process for permit renewal for approved final closure and postclosure maintenance plans shall be in accordance with sections and 21890, if applicable, of Chapter 4 of this Division. (4) For the purposes of this section, renewal shall apply solely to the research, development, and demonstration activities authorized under this section, and not the unrelated activities of the facility or site. Proposed CA-Specific RD&D Regulations (cont.)

Item 21, May CIWMB Meeting 20070(g) Small MSWLFs: (1) An owner or operator of a MSWLF unit operating under an exemption set forth in 40 CFR 258.1(f)(1) is not eligible for any variance from 40 CFR (a)(1) and (a) of the operating criteria in subpart C of 40 CFR, as implemented by Title 27, CCR, and (2) An owner or operator of a MSWLF unit that disposes of 20 tons of municipal solid waste per day or less, based on an annual average, is not eligible for a variance from 40 CFR (b)(1), as implemented by Title 27, CCR, except in accordance with 40 CFR (b)(3), as implemented by Title 27, CCR. (h) Any variances issued under this section shall not relieve the owner or operator from complying with all other applicable standards of this Division. Section Combined CIWMB and SWRCB Joint Technical Document for Federal Subtitle D Research, Development, and Demonstration Permits The JTD shall describe how the facility will comply with Section of Chapter 1 of this Division, if applicable. The description shall be incorporated in each applicable section of the JTD, in addition to a separate section describing the overall project. Proposed CA-Specific RD&D Regulations (cont.)

Item 21, May CIWMB Meeting Section Combined CIWMB and SWRCB Final Closure Plan Contents for Federal Subtitle D Research, Development, and Demonstration Permits The final closure plan shall describe how the site will comply with Section of Chapter 1 of this Division, if applicable. The description shall be incorporated in each applicable section of the final closure plan, in addition to a separate section describing the overall project. Section Combined CIWMB and SWRCB Final Postclosure Maintenance Plan Contents for Federal Subtitle D Research, Development, and Demonstration Permits The final postclosure maintenance plan shall describe how the site will comply with Section of Chapter 1 of this Division, if applicable. The description shall be incorporated in the applicable sections of the final postclosure maintenance plan, in addition to a separate section describing the overall project. Proposed CA-Specific RD&D Regulations (cont.)