&EPA
United St«t«t
Environment* I Pro(«ction
O»f.c* of
Solid Wests «nd
DIRECTIVE NUMBER: 9487.02(84)
TITLE: Conditions for a Variance from Part 264 Landfill
Liner and Leachate Collection Requirements
APPROVAL DATE: 5-14-84
EFFECTIVE DATE: 5-14-84
ORIGINATING OFFICE: office of solid waste
3 FINAL
D DRAFT
STATUS:
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (other documents): headquarters
'E DIRECTIVE DIRECTIVE D
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P’ARTS 264 AND 265 SUBPART N — LANDFILL DOC: 9487.02(d4)
Key Words: Liner
RegulationS: 40 CFR 264.301(b), 260.10
Subject: Conditions for a Variance from Part 264 Landfill Liner and Leachate
Collection Requirements
Addressee: Thomas Devine, Director, Air and Waste Management Division,
Region IV
Originator: John H. Skinner, Director, Office of Solid Waste
Source Doc: / 9487.O2(84)
Date: 5—14—84
Summary:
According to §264.301(b), exemptions from the Part 264 landfill liner
and ].eachate collection requirements are allowed if the Regional Administrator
finds that the design and operating practices together with location charac-
teristics “will prevent the migration of any hazardous constituents . . . into
the ground water or surface water at any future time.” Ground water is dis-
tinct from aquifer as defined in §260.10. Ground water refers to water below
the land surface in a zone of saturation, while aquifer refers to a formation
capable of yielding a significant amount of ground water. A leachate can enter
ground water as soon as the buried materials become aturated, but the
leachate may not affect the nearest potable aquifer for at least 10,000 years.
A facility requesting a waiver must demonstrate that hazardous constituents
will not enter the ground water. The preamble to the land disposal regulations
provides an example of a case in which the liner exemption may be appropriate:
a) A large unsaturated zone below the unit is capable of attenuating any
hazardous constituents in the leachate before it reaches ground water
or surface water; -
b) The unit is located in an arid area in which precipitation does not
recharge ground water; and
c) The unit handles only a small quantity of waste. Leachate must not
enter ground water.
An applicant should not be granted a waiver if s/he does not demonstrate
that hazardous constituents will not enter the ground water.
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9487.02 (84)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
.G 4 PRO
1 M V 1 A OFFICE OF
L T SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUbJECT: Headquarters Comments on the Liner Exemption Request,
Chemical Waste Management, Inc. (CWM), Ernelle, Alabama
FROM: John H. Skinner, Director
Office of Solid Waste
TO: Thomas Devine, Director ( J
Air and Waste Management ivision, Region IV
The Proposal : Jim Scarbrough’s memorandum of April 17, 1984,
requested Headquarters comments on an issue in CWM’s permit
application for their Emelle, Alabama, facility. CWM has applied
for a variance from the Part 264 landfill liner and leachate
collection requirements. Section 264.301(b) allows such an
exemption if the Regional Administrator finds that the design
and operating practices together with location characteristics
“will prevent the migration of any hazardous const].tuents...lnto
the ground water or surface water at any future time.” (Emphasis
aadea.)
The proposea landfill will be constructed in a saturated
chalk torrnation which apparently transmits ground water so
slowly that the unlined landfill cells can be constructed and
operated below the water table with minimal seepage through the
bottom and sides during the operating life. CWM claims that
after the cell is completely filled with wastes, ground water
will eventually migrate into and saturate the material. Once
saturation is complete, leachate contaminated ground water will
then mlgr te from the unlined cell to a deeper potable aquifer
and a nearby stream. However, CWM claims that migration is so
slow that the contaminants will not reach the aquifer for at
least 10,000 years. The basis of CWM’s argument is that they
have met the liner exemption conditions because the 10,000 year
period meets the “any future time” requirement.
Discussion — CWM has contused the term “ground water” with “aquifer.”
both are aetined in §260.10: “Ground water” means “water below
the land surface in a zoie of saturation”; “Aquifer” means a
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formation “capable of yielding a significant amount of ground
water.” CWM has attempted to demonstrate that leachate will not
affect the nearest potable aquifer for at least 10,000 years;
however, leachate will enter the ground water (as defined above)
as soon as the buried materials become saturated. This clearly
does not meet the waiver requirement.
The preamble to the land disposal regulations of July 26, 1982,
(47 FR 32315) provides that an example of a case in which the
liner e’x emption may be appropriate is one where: (1) a large
unsaturated (emphasis aaded) zone below the unit is capable of
attenuating any hazardous constituents in the leachate before it
reaches ground water or surface water; (2) the unit is located
in an arid area in which precipitation does not recharge ground
water; and (3) the unit handles only a small quantity of wastes.
None of these conditions exist at the Emelle site. The wording
of the regulation and the examples in the preamble clearly explain
that leachate must not enter ground water.
Recomniendation — EPA should iot grant the waiver because the
applicant does not demonstrate that hazardous constituents
will not enter the ground water, which is the requirement
for granting a waiver.
In their March 17 response to the Notice of Deficiency, CWM
also states that they have “riade a management decision to remove
the RCRA hazardous waste incinerator from the Part B application.”
In order to avoid any future question regarQing whether this
incinerator at the Ernelle site was built in violation of the
RCRA pre—construction ban, I suggest that you request that CWM
send a letter stating that they have no intention of ever using
this incinerator to incinerate RCRA hazardous wastes.
cc: Jim Scarbrough, Region IV
Bruce Weddle
Jack Lehman
Mark Greenwood
Al Geswein
Nancy Hutzel (OGC)
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