Ms. Rohrer:

Golder Associates USA Inc. (Golder) appreciates the opportunity to submit the following comments on the draft Virginia Solid Waste Management Regulations (Amendment 9) that have been released for public comment on the Virginia Regulatory Town Hall website.  Golder understands that the public comment period extends through May 16, 2022. 

To assist with review of our comments, we have provided the proposed regulatory section citation and text in italics followed by Golder’s comment and basis for the comment.  

9VAC20-81-10 Definitions

"Accumulated speculatively" means to accumulate any material before being used, reused, or reclaimed or in anticipation of potential use, reuse, or reclamation. Materials are not being accumulated speculatively when they can be used, reused, or reclaimed, have a feasible means of use, reuse, or reclamation available and 75% of the materials accumulated are being removed from the facility annually.

Comment - In the case of Coal Combustion Residual (CCR) materials, it may be difficult to meet the 75% of accumulated material need to be removed from the facility annual.  Golder suggests either a specific carveout addressing CCR materials or a text addition where “…materials can continue to be stored in existing ponds, buildings, or approved solid waste facilities such as landfills, ponds, lagoons, or compliant storage areas until removed from the facility for use, reuse, or reclamation”.

"Landfill mining" means the process of excavating solid waste from an existing landfill but does not include excavation of waste to facilitate installation of landfill gas, leachate management, or other utility systems provided waste excavated is managed and cover installed in accordance with 9VAC20-81-140 or 9VAC20-81-160, as applicable.

Comment - In the case of excavating overfilled wastes, Golder suggests adding “…to facilitate correction of overfills, installation of landfill gas, leachate…”

9VAC20-81-98. Appropriate containers.

9VAC20-81-98.B.4 – Leak-proof; including sides, seams, and bottoms, and durable enough to withstand anticipated usage without rusting, cracking, or deforming in a manner that would make it a fire health or safety hazard or provide harborage for vectors;

Comment – The term “Leak-proof” could be interpreted as an absolute (i.e., waterproof) without further defining the term.  Also, as a practical matter, most existing roll-off boxes, front end loader boxes, or other temporary disposal containers may not be able to meet this leak-proof standard and this absolute standard may not be appropriate for every type of waste. Golder suggests using the term “Leak-resistant” instead, since the term “resistant” is commonly used as something that is very good but may not be an absolute.

9VAC20-81-120. Siting requirements

9VAC20-81-120.D.1.a - 500 feet from any residence, school, daycare center, hospital, nursing home, or recreational park area in existence at the time of application;

Comment – Golder opposes this new restriction to the use of the available permitted facility boundary area.  This new restriction could affect existing public facilities where it could result in a reduction of potential airspace (i.e., planned revenue source) or areas needed for leachate storage.  Golder suggests this increased restriction be limited to “new facilities” where it can be planned for a reduction in the permitted facility boundary area.

9VAC20-81-120.D.1.c - 100 feet from the facility boundary;

Comment – Golder opposes this new restriction to the use of the available permitted facility boundary area.  This new restriction could affect existing public facilities where it could result in a reduction of potential airspace (i.e., planned revenue source) or areas needed for leachate storage.  Golder suggests this increased restriction be limited to “new facilities” where it can be planned for a reduction in the permitted facility boundary area.

9VAC20-81-140. Operation requirements

9VAC20-81-140.B.14 - Internal roads in the landfill shall be maintained to be passable in all weather by ordinary vehicles. All operation areas and units shall be accessible, including the access roads or paths to monitoring locations.

Comment – Golder opposes adding language that requires all weather access for roads or paths to monitoring locations.  This could be impracticable for certain monitoring locations.

9VAC20-81-140.B.21 - 21. - Topographic survey. Each landfill with a permitted daily disposal limit of more than 300 tons per day shall perform a topographic survey of the active portion of the landfill on an annual basis (at least once every 12 months). Each landfill with a permitted daily disposal limit of 300 tons per day or less shall perform a topographic survey of the active portion of the landfill on a biennial basis (at least once every 24 months).

Comment – Golder suggests revising the proposed language to be based on the “permitted average daily disposal limit” to avoid confusion with facilities that may have a permitted “maximum” daily disposal limit but operate under a permitted “average” daily disposal limit.

9VAC20-81-140.E.1.b - Lift heights shall be sized according to the volume of waste received daily and the nature of the industrial waste. A lift height is not required for materials such as fly ash that are not compactable.

Comment – Golder suggests deleting the words “such as fly ash” in the last sentence as shown above since fly ash material can be and should be compacted when disposed or stored in a permitted landfill.

9VAC20-81-140.E.2 - Incinerator and air pollution control residues containing no free liquids shall be incorporated into the working face and covered at such intervals as necessary to minimize them from becoming airborne. Dust control measures such as surface wetting, crusting agents, or other strategies shall be utilized in a manner and frequency suitable to control dust from other wastes that could become airborne, such as fly ash and bottom ash from burning of fossil fuels.

Comment – Golder suggests deleting the words “, such as fly ash and bottom ash from burning of fossil fuels“ in the last sentence. It seems inappropriate to single out any one type of waste in this context.

9VAC20-81-250. Groundwater monitoring program

9VAC20-81-250.B.2.a.(4) - Data from the background wells during each subsequent sampling event shall be added to the previously calculated background data for the recalculation of site background once every four years, unless approval for a longer timeframe is obtained from the department, to maintain the most accurate representation of background groundwater quality for statistical purposes required under subdivision A 4 h of this section.

Comment – Golder suggests that this section be revised to indicate that background concentrations should be established with data collected within a rolling window of time to be established based on the site-specific groundwater travel time from the upgradient side of the landfill to the downgradient side of the landfill.  This will help prevent false-positive statistically significant detections based on temporal variations in natural groundwater quality.

9VAC20-81-250.E.2(g) - A table listing the constituents identified during the year's sampling events, their concentrations at the respective monitoring well, and if applicable, the related groundwater protection standard in effect during the sampling event;

Comment – Golder recommends that the term “identified” in this section be changed to “detected” to clarify the intent of the requirement.

9VAC20-81-450. Permit Application Procedures

9VAC20-81-450.C.1 - 1.         The applicant shall complete, sign, and submit three copies one paper copy and one electronic copy of the Part A application containing required information and attachments as specified in 9VAC20-81-460 to the department and shall submit to the department the applicable permit fee under the provisions of 9VAC20-90. The application shall include the following certification signed by the consultant for the applicant "I certify under penalty of law that, based on my knowledge of [what the permit is covering], this document and all attachments were prepared under my direction or supervision, and consistent with a professional standard of care, in accordance with a system designed to provide ensure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is in my professional opinion and, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."  As used herein, the word “certification” or “certify” shall mean an expression of the Engineer’s professional opinion to the best of his or her information, knowledge, and belief, and does not constitute a warranty or guarantee by the consultant."

Comment – Golder suggests that this section be revised as indicated per the suggested strikeout/inserted text.

9VAC20-81-450.D.1 - 1.         The applicant, after receiving Part A approval, may submit to the department a Part B application to include the required documentation for the specific solid waste management facility as provided for in 9VAC20-81-470 or 9VAC20-81-480. The Part B application and supporting documentation shall be submitted in three copies as one paper copy and one electronic copy and must include the applicable permit fee under the provisions of 9VAC20-90 and the financial assurance documentation as required by 9VAC20-70. The application shall include the following certification signed by the applicant "I certify under penalty of law that, based on my knowledge of [what the permit is covering], this document and all attachments were prepared under my direction or supervision, and consistent with a professional standard of care, in accordance with a system designed to provide ensure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is in my professional opinion and, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations."  As used herein, the word “certification” or “certify” shall mean an expression of the Engineer’s professional opinion to the best of his or her information, knowledge, and belief, and does not constitute a warranty or guarantee by the consultant."

Comment – Golder suggests that this section be revised as indicated per the suggested strikeout/inserted text

Closing

Golder appreciate the opportunity to submit these comments.  If you have any questions, please contact the undersigned.

Sincerely,

Golder Associates USA Inc.