The North Slope Borough is located on the north coast of Alaska. This view shows the Anaktuvuk River flowing north toward the Arctic Ocean.  Photograph Attribution: By Paxson Woelber - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=28838426 

 October 17, 2016

Responsiveness Summary
North Slope Borough General Permit

 

INTRODUCTION

 

Summary

On April 12, 2016, the Alaska Department of Environmental Conservation (ADEC) received a request to create a new General Permit for the North Slope Borough (NSB) rural Class III landfills. The NSB operates Class III landfills in seven villages that have been individually permitted for since the mid-1990s. For administrative reasons, the NSB prefers permitting these landfills under a general permit and has been working over the last six years to unify operations at the seven landfills to make the general permit possible. With all seven landfills currently being operated and monitored under a unified NSB Operations Plan, the landfills meet the condition for a general permit.

 

The NSB is the first region in Alaska to implement a regional solid waste landfill program, and they may ultimately serve as a model for other Boroughs in Alaska. However, because the NSB has implemented the first unified program for rural landfills in Alaska, a general permit for rural landfills does not exist. Therefore, the NSB requested that ADEC create a new general permit specific for this purpose.

 

The general permit applies to the following landfills that have previously been permitted individually as Class III Community landfills:

 

Anaktuvuk Pass	The landfill is located near Anaktuvuk Pass, Alaska within Section 4, T. 15 S., R. 2 E., Umiat Meridian.
Atqasuk	The landfill is located approximately 1 mile northwest of Atqasuk, Alaska in Tract L (Landfill Tract), Plat 85-10, Section 1, Township 13 North, Range 22 West, Umiat Meridian.
Kaktovik	The landfill is located near Kaktovik, Alaska in Section 26, Township 9 North, Range 34 East, Umiat Meridian.
Nuiqsut	The landfill is located approximately 1 mile northwest of Nuiqsut, Alaska in Tract L (Landfill Tract), Plat 81-10, Section 14, Township 10 North, Range 4 East, Umiat Meridian.
Point Hope	The landfill is located approximately 1 mile Northwest of Point Hope, Alaska in Tract L (Landfill Tract), in Section 15, Township 35 West, Range 34 North, Kateel River Meridian.
Point Lay	The landfill is located near Pt. Lay, Alaska in the southeast corner of Section 3, NE 1/4 of Section 9, NW 1/4 of Section 10, Township 4 North, Range 44 West, Umiat Meridian.
Wainwright	The landfill is located approximately 2 miles northeast of Wainwright, Alaska in Tract 8 (Landfill Tract), Sections 7 and 8, Township 15 North, Range 31 West, Umiat Meridian.

 

Opportunities for Public Participation

Notice of the proposed new general permit was published in the Arctic Sounder on September 1, 2016 and September 8, 2016. The public notice was also published online on the ADEC public notice website. In addition, notification of the new general permit was sent directly to the following distribution list as required by Alaska Statute 46.03.110:

 

• Chris Hladick, Commissioner, Alaska Department of Commerce, Community, and Economic Development, Juneau
• Sam Cotten, Commissioner, Alaska Department of Fish and Game, Juneau
• Valerie Davidson, Commissioner, Alaska Department of Health and Social Services, Juneau
• Andy Mack, Commissioner, Alaska Department of Natural Resources, Anchorage
• Judith Bittner, State Historic Preservation Office, Alaska Department of Natural Resources, Anchorage

 

The general permit was issued on October 17, 2016 after the close of the public notice period. Notice of this action was published on the Solid Waste Program webpage from November 1-30, 2016 and included the required notice of the adjudicatory appeal process. No comments were received in response to this notice.

 

RESPONSIVENESS SUMMARY

During the public notice period, comments regarding the general permit were received from one person. The commenter provided three comments that each raised a question about a specified section of the approved NSB operations plan, which comprises Appendix A of the general permit. The purpose of this document is to respond to each of the submitted comments. The comments are quoted below and the Solid Waste Program’s response follows each comment.

 

Comment:ऀRegarding NSB polluted soil policies, the commenter wrote: “Appendix A section 7.2 describes polluted soil limits of 1,400 milligrams/kilogram (mg/kg) gasoline range organics (GRO), 12,500 mg/kg diesel range organics (DRO), and  13,700 mg/kg residual range organics. Those concentrations exceed limits set by 18 AAC 60.025 of 900 mg/kg GRO, 2,000 mg/kg DRO, and  4,500 residual range organics. Is there a reason for the apparent discrepancy? Are the values outdated or was a special condition granted originally? If yes what was the reason?”

 

Response:ऀThe concentrations in section 7.2 are maximum concentrations that the NSB will allow into their landfills, while the concentrations in 60.025(b) are the maximum concentrations that DEC will approve without the demonstration required by 60.025(d).  Thus, there is no discrepancy; the NSB limits simply establish an upper limit on contaminant concentrations that doesn’t exist in the state regulations. 

 

In Section 7.2 it reads: Polluted soils with Gasoline Range Organics (GRO) not exceeding 1,400 mg/kg, Diesel Range Organics (DRO) not exceeding 12,500 mg/kg and Residual Range Organics not exceeding 13,700 mg/kg (by application to the Landfill Manager and DEC only).  See Section 7.3.8 – Polluted Soils for further details;

 

If you reference section 7.3.8, the NSB cross references their policy that the highest concentrations that the North Slope Borough will consider for disposal in any of their Class III landfills are the values listed in 7.2.

 

Section 7.3.8 also states that Disposal of polluted soils is regulated under 18 AAC 60.025.  The North Slope Borough may accept polluted soils for disposal at Class III landfills on a case by case basis.  Approval is required from both the Landfill Manager and DEC prior to staging or disposal of polluted soils within a landfill.

By stating their maximum allowable concentrations for consideration and referencing 18 AAC 60.025, the NSB is able to provide direction for consultants and other project managers so that they do not receive proposals for beneficial use or disposal of polluted soil that exceed the values in section 7.2. If this was not stated plainly, the North Slope Borough would receive requests for polluted soil disposal that exceeds these values and consultants would prepare demonstrations for review by ADEC that would not be approved. The North Slope Borough instead lists their maximum allowable concentrations that they will allow for consideration. This makes managing polluted soils in the North Slope Borough straightforward. The North Slope Borough has an application for polluted soil consideration that must be completed and submitted to the North Slope Borough Landfill Manager for review. If the soil will be considered for disposal by the North Slope Borough Landfill Manager, the application will be signed and a copy will be provided to the applicant. This signed application must accompany any polluted soil request submitted to ADEC.

 

If the soil concentrations for DRO, GRO, and RRO are below the concentration levels stated in 60.025 and the soil in question meets the other criteria in 60.025, the consultants are able to utilize the ADEC Disposal of Low-Level Petroleum Polluted Soil in a Class III Landfill form. If the soil in question is not eligible for the Disposal of Low-Level Petroleum Polluted Soil in a Class III Landfill form, but the concentrations are below the values listed in section 7.2, it is clear that an application can still be submitted to the North Slope Borough for consideration, but it will require a demonstration to be submitted to ADEC for ADEC approval. The NSB Refuse Collectors do not allow any polluted soil to be disposed of in a North Slope Borough Class III landfill without written approval from the North Slope Borough Landfill Manager and ADEC.

 

The North Slope Borough is the only Borough to set upper limits for consideration, but as the majority of the petroleum found in Alaska is in the North Slope Borough, they receive a disproportionate number of polluted soil disposal requests which made addressing this in their Operations Plan prudent.

 

Comment:ऀRegarding testing requirements for sewage sludge, the commenter wrote: “Appendix A section 7.3.6 requires testing of sewage sludge every 5 years for hazardous waste characteristics. Under 18 AAC 60.500 is there a reason this is not conducted more frequently, perhaps on an annual basis?”

 

Response:ऀThe NSB general permit will be issued under 18 AAC 60.255 and so is specifically exempted from the land application regulations by 18 AAC 60.500(c)(2).  The regulations at 18 AAC 60.500 is applicable only for the land application of biosolids and so does not apply to the disposal of sewage solids in a municipal solid waste landfill. The North Slope Borough’s management of sewage sludge is compliant with 18 AAC 60.365, the regulation that is specific to sewage solids disposal in a municipal solid waste landfill.

 

ADEC only requires sampling once every five years because the inflow to the Waste Water Treatment Plant (WWTP) is from residential sources and there is little potential for a significant change in the source material.  But, since testing is required by 18 AAC 60.365, we stipulated that testing be completed once every permit cycle or whenever there is a significant change in the source material to the WWTP.  That same condition is specified in the section 7.0.1 of the Operations Plan. The North Slope Borough recently submitted its required Toxicity Characteristic Leaching Procedure data to ADEC and is adhering to the approved Operations Plan. The analytical data is within normal parameters and demonstrates that the sludge is non-hazardous.

 

Comment:ऀRegarding landfill monitoring records, the commenter wrote: “Appendix A section 7.7 Operating Record discusses that records of monitoring will be maintained; section 18 AAC 60.228(3) requires ‘sufficient number of temperature sensing devices are installed to detect any thawing in the waste’; does that apply to any landfills in the borough?”

 

 

Response:ऀThe regulation at 18 AAC 60.228 applies only to freezeback landfills. Since none of the landfills covered by this general permit are operated as freezeback landfills, 18 AAC 60.228(3) does not apply to these landfills.

 

 

Alaska Department of Environmental Conservation - Notice of Proposal to Issue a Regional General Permit, North Slope Borough, Class III Landfills

Tuesday, September 27, 2016 5:17 PM

 

From: 

"Thomas Price" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

To: 

"BlankenburgRobert J (DEC)" <This email address is being protected from spambots. You need JavaScript enabled to view it.>

 

Dear Mr. Blankenburg:

 Environmental Review, Inc. has reviewed the operating procedures associated with the Village Landfills under solid waste regulations 18 AAC 60 and has the following comments:

1) Appendix A section 7.2 describes polluted soil limits of 1,400 milligrams/kilogram (mg/kg) gasoline range organics (GRO), 12,500 mg/kg diesel range organics (DRO), and  13,700 mg/kg residual range organics. Those concentrations exceed limits set by 18 AAC 60.025 of 900 mg/kg GRO, 2,000 mg/kg DRO, and 4,500 residual range organics. Is there a reason for the apparent discrepancy? Are the values outdated or was a special condition granted originally? If yes what was the reason?

2) Appendix A section 7.3.6 requires testing of sewage sludge every 5 years for hazardous waste characteristics. Under 18 AAC 60.500 is there a reason this is not conducted more frequently, perhaps on an annual basis?

3) Appendix A section 7.7 Operating Record discusses that records of monitoring will be maintained; section 18 AAC 60.228(3) requires "sufficient number of temperature sensing devices are installed to detect any thawing in the waste"; does that apply to any landfills in the borough? 

Sincerely yours,

 

Tom Price - Executive Director

Environmental Review, Inc.

1792 Rogers Avenue

San Jose, CA  95112