REGULATORY ACCEPTANCE OF POST-CLOSURE CARE INNOVATION

1. REGULATORY ACCEPTANCE OFPOST-CLOSURE CARE INNOVATION Mr. Charles G. Johnson Colorado Department of Public Health and Environment Hazardous Material and Waste Management Division

2. Innovation Who Needs It

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

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

5. Teamwork AndInnovation

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:

7. Alternative Landfill TechnologyTeam Composition Total Active Members: 18 7

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, ………

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

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;

11. Post-Closure Care Questionnaire

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.

13. Post-Closure Care Questionnaire

14. Post-Closure Care Elements

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

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.

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

18. Advantages of Innovation • Understand surroundings & perspective • Understand other opportunities for innovation • Create momentum for others • Understand integration opportunities

19. Integration