California Integrated Waste Management Board

Permitting and Compliance Committee

February 11, 2008

California Integrated Waste Management Board

Permitting and Compliance Committee

February 11, 2008

Committee Item G: Update On Landfill Long-

Term Financial Assurances Activities For Postclosure Maintenance

And Corrective Action (Phase II)

Committee Item G: Update On Landfill Long-

Term Financial Assurances Activities For Postclosure Maintenance

And Corrective Action (Phase II)

Goal: Protect Public Health, Safety, and the Environment into

the Future

Goal: Protect Public Health, Safety, and the Environment into

the Future

Planning Costs

Financial Assurances

Closure

Postclosure

Corrective Action

Financial Assurances

Goal: Protect Public Health, Safety, and the Environment into the Future

Goal: Protect Public Health, Safety, and the Environment into the Future

Goals, Activities and ProcessGoals, Activities and Process

Continue AB 2296 Consulting Group

Roundtable format to facilitate interaction

Neutral facilitation of meetings

Utilize sound science and best available information

Collect PCM standards and reduction/release from PCM financial requirements nationwide

Survey California PCM cost reductions

Complete compliance review of California landfills and ground proofing of risk model components

Continue AB 2296 Consulting Group

Roundtable format to facilitate interaction

Neutral facilitation of meetings

Utilize sound science and best available information

Collect PCM standards and reduction/release from PCM financial requirements nationwide

Survey California PCM cost reductions

Complete compliance review of California landfills and ground proofing of risk model components

Workshops/MeetingsJanuary-July 2008

Workshops/MeetingsJanuary-July 2008

Date Location Activity

1/23/08 Palm Desert Regional Water Board MCC Meeting – Corrective Actions

1/31/08 CalEPA Rm-1010 Key Stakeholders Meeting For Private Operators

2/1/08 CalEPA Rm-1010 Key Stakeholders Meeting For Environmental Groups

2/1/08 CalEPA Rm-1010 Key Stakeholders Meeting For Local Government Operators

2/11/08 Coastal Hearing Room Committee Update- P&C Committee Meeting

2/29/08 CalEPA Rm-550 Modeling Scenarios

3/10/08 CalEPA Rm-550 Postclosure Maintenance Workshop

4/14/08 CalEPA Rm-550 Corrective Action Workshop

5/12/08 CalEPA Rm-550 Phase II Informal Rulemaking

6/9/08 Coastal Hearing Room Discussion and Request for Additional Direction

P&C Committee Meeting

7/14/08 Coastal Hearing Room Request for Rulemaking Direction for Phase II

P&C Committee Meeting

Key Stakeholders MeetingsJanuary/February 2008

Key Stakeholders MeetingsJanuary/February 2008

Date Time Location Activity/Description1/23/08 Palm Desert Regional Water Board MCC Meeting – Corrective Actions

1/31/08 10:00 am-12:00 pm

CalEPA Rm-1010

Key Stakeholders Meeting For Private Operators

2/1/08 10:00 am-12:00 pm

CalEPA Rm-1010

Key Stakeholders Meeting For Environmental Groups

2/1/08 1:30 pm-3:30 pm

CalEPA Rm-1010

Key Stakeholders Meeting For Local Government Operators

Key Stakeholder Meeting Topics:Review response summary of commentsDiscuss outstanding issuesOutline upcoming schedule and approach

Key Stakeholder Meeting Topics:Review response summary of commentsDiscuss outstanding issuesOutline upcoming schedule and approach

Workshops/MeetingsFebruary 2008

Workshops/MeetingsFebruary 2008

Date Time Location Activity/Description

2/11/08 1:30 am- Coastal

Hearing RoomCommittee Update- P&C Committee MeetingAgenda Item updating Board with scheduled activities and dates through July 2008

2/29/08 9:30 am- 3:30 pm

CalEPA

Rm-550Modeling ScenariosDiscussion of alternate scenarios for potential State fund (PCM only, CA only, public only, private only, etc.)

Workshops/MeetingsMarch 2008

Workshops/MeetingsMarch 2008

Date Time Location Activity/Description

3/10/08 9:00 am-12:00 pm

CalEPA Rm-550

Postclosure Maintenance WorkshopDiscussion on definition of Postclosure Maintenance activities and proposed rulemaking

Topics:

Definition of Corrective Action / Postclosure Maintenance

Criteria for determining end of postclosure maintenance activities

US EPA and other states (results of nationwide survey)

California experience with postclosure maintenance

Potential statutory amendments

Topics:

Definition of Corrective Action / Postclosure Maintenance

Criteria for determining end of postclosure maintenance activities

US EPA and other states (results of nationwide survey)

California experience with postclosure maintenance

Potential statutory amendments

US EPA and Other States - Nationwide Survey

US EPA and Other States - Nationwide Survey

Staff has established an automated process for communication with counterparts in all 50 states. Initially, staff surveyed all 50 states regarding their requirements for postclosure maintenance (PCM) for Municipal Solid Waste Landfills:

48 states responded to the survey, All states are very interested in the survey results, and Staff intends to solicit additional, relevant information from the other states over the next six months

Staff has established an automated process for communication with counterparts in all 50 states. Initially, staff surveyed all 50 states regarding their requirements for postclosure maintenance (PCM) for Municipal Solid Waste Landfills:

48 states responded to the survey, All states are very interested in the survey results, and Staff intends to solicit additional, relevant information from the other states over the next six months

Workshops/MeetingsApril 2008

Workshops/MeetingsApril 2008

Date Time Location Activity/Description

4/14/08 9:00 am-12:00 pm

CalEPA Rm-550

Corrective Action WorkshopDiscussion on definition of Corrective Action and proposed rulemaking and potential statutory amendments

Topics:

Results of Landfill Compliance Survey

Options/Methodologies for classifying landfill potential threats

Potential for joint rulemaking with Water Board

Potential statutory amendments

Topics:

Results of Landfill Compliance Survey

Options/Methodologies for classifying landfill potential threats

Potential for joint rulemaking with Water Board

Potential statutory amendments

Workshops/MeetingsMay 2008

Workshops/MeetingsMay 2008

Date Time Location Activity/Description5/12/08 9:00 am-

12:00 pmCalEPA Rm-550

Phase II Informal Rulemaking

Discussion of proposed rulemaking

Issues deferred from Phase I rulemaking

Contingency on postclosure maintenance cost estimates

Submittal of as-built costs after closure

Insurance amendments

Potential amendments to pledge of revenue agreement

Post-30 year financial assurance demonstrations

Non-water quality related corrective actions – joint rulemaking with SWRCB

Closure fund-as-you-fill

Issues deferred from Phase I rulemaking

Contingency on postclosure maintenance cost estimates

Submittal of as-built costs after closure

Insurance amendments

Potential amendments to pledge of revenue agreement

Post-30 year financial assurance demonstrations

Non-water quality related corrective actions – joint rulemaking with SWRCB

Closure fund-as-you-fill

Workshops/MeetingsJune 2008

Workshops/MeetingsJune 2008

Date Time Location Activity/Description6/9//08 1:30 pm- Coastal

Hearing Room

P&C Committee Meeting

Discussion and Request for Additional Directionon Long-Term PCM and CA Financial Assurances Draft Rulemaking Comprehensive Package

Topics

Present a menu of options for long-term postclosure maintenance and non-water quality corrective action financial assurances

Phase II rulemaking items

Need for additional statutory authority

Topics

Present a menu of options for long-term postclosure maintenance and non-water quality corrective action financial assurances

Phase II rulemaking items

Need for additional statutory authority

Workshops/MeetingsJuly 2008

Workshops/MeetingsJuly 2008

Date Time Location Activity/Description

7/14/08 1:30 pm- Coastal Hearing Room

P&C Committee Meeting

Request for Rulemaking Direction for Phase IIDraft Comprehensive Rulemaking Documents for Board Consideration to Notice