Current through Register Vol. 47, No. 17, September 10, 2024
An owner or operator required to establish a detection
monitoring program under this subpart must, at a minimum, discharge the
following responsibilities:
(a) The
owner or operator must monitor for indicator parameters (e.g., specific
conductance, total organic carbon, or total organic halogen), waste
constituents, or reaction products that provide a reliable indication of the
presence of hazardous constituents in ground water. The Department will specify
the parameters or constituents to be monitored in the facility permit, after
considering the following factors:
(1) The
types, quantities, and concentrations of constituents in wastes managed at the
regulated unit;
(2) The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the waste management area;
(3) The detectability of indicator
parameters, waste constituents, and reaction products in ground water;
and
(4) The concentrations or
values and coefficients of variation of proposed monitoring parameters or
constituents in the ground-water background.
(b) The owner or operator must install a
ground-water monitoring system at the compliance point as specified under
§ 264.95. The ground-water monitoring system must comply with §
264.97(a)(2),(b), and (c).
(c) The
owner or operator must conduct a ground-water monitoring program for each
chemical parameter and hazardous constituent specified in the permit pursuant
to paragraph (a) of this section in accordance with § 264.97(g). The
permit will specify the background values for each parameter or specify the
procedures to be used to calculate the background values. The owner or operator
must comply with § 264.97(g) in developing the data base used to determine
background values.
The owner or operator must maintain a record of
ground-water analytical data as measured and in a form necessary for the
determination of statistical significance under § 264.97(h). In taking
samples used in the determination of background values, the owner or operator
must use a ground-water monitoring system that complies with §
264.97(a)(1),(b), and (c).
(d) The Department will specify the
frequencies for collecting samples and conducting statistical tests to
determine whether there is statistically significant evidence of contamination
for any parameter or hazardous constituent specified in the permit conditions
under paragraph (a) of this section in accordance with §
264.97(g).
(e) The owner or
operator must determine the ground water flow rate and direction in the
uppermost aquifer at least annually.
(f) The owner or operator must determine
whether there is statistically significant evidence of contamination for any
chemical parameter of hazardous constituent specified in the permit pursuant to
paragraph (a) of this section at a frequency specified under paragraph (d) of
this section.
(1) In determining whether
statistically significant evidence of contamination exists, the owner or
operator must use the method(s) specified in the permit under § 264.97(h).
These method(s) must compare data collected at the compliance point(s) to the
background ground-water quality data.
(2) The owner or operator must determine
whether there is statistically significant evidence of contamination at each
monitoring well at the compliance point within a reasonable period of time
after completion of sampling. The Department will specify in the facility
permit what period of time is reasonable, after considering the complexity of
the statistical test and the availability of laboratory facilities to perform
the analysis of ground-water samples.
(g) If the owner or operator determines
pursuant to paragraph (f) of this section that there is statistically
significant evidence of contamination for chemical parameters or hazardous
constituents specified pursuant to paragraph (a) of this section at any
monitoring well at the compliance point, he or she must:
(1) Notify the Department of this finding in
writing within seven days. The notification must indicate what chemical
parameters or hazardous constituents have shown statistically significant
evidence of contamination;
(2)
Immediately sample the ground water in all monitoring wells and determine
whether constituents in the list of Appendix IX of Part 264 are present, and if
so, in what concentration. However, the Department, on a discretionary basis,
may allow sampling for a site-specific subset of constituents from the Appendix
IX list of Part 264 and other representative/related waste
constituents.
(3) For any Appendix
IX compounds found in the analysis pursuant to paragraph (g)(2) of this
section, the owner or operator may resample within one month or at an
alternative site-specific schedule approved by the Department and repeat the
analysis for those compounds detected. If the results of the second analysis
confirm the initial results, then these constituents will form the basis for
compliance monitoring. If the owner or operator does not resample for the
compounds in paragraph (g)(2) of this section, the hazardous constituents found
during this initial Appendix IX analysis will form the basis for compliance
monitoring.
(4) Within 90 days
submit to the Department an application for a permit modification to establish
a compliance monitoring program meeting the requirements of § 264.99. The
application must include the following information:
(i) An identification of the concentration of
any Appendix IX constituent detected in the ground water at each monitoring
well at the compliance point;
(ii)
Any proposed changes to the ground-water monitoring system at the facility
necessary to meet the requirements of § 264.99;
(iii) Any proposed additions or changes to
the monitoring frequency, sampling and analysis procedures or methods, or
statistical methods used at the facility necessary to meet the requirements of
§ 264.99;
(iv) For each
hazardous constituent detected at the compliance point, a proposed
concentration limit under § 264.94(a) (1) or (2), or a notice of intent to
seek an alternate concentration limit under § 264.94(b); and
(5) Within 180 days, submit to the
Department:
(i) All data necessary to justify
an alternate concentration limit sought under § 264.94(b); and
(ii) An engineering feasibility plan for a
corrective action program necessary to meet the requirement of § 264.100,
unless:
(A) All hazardous constituents
identified under paragraph (g)(2) of this section are listed in Table 1 of
§ 264.94 and their concentrations do not exceed the respective values
given in that Table; or
(B) The
owner or operator has sought an alternate concentration limit under §
264.94(b) for every hazardous constituent identified under paragraph (g)(2) of
this section.
(6) If the owner or operator determines,
pursuant to paragraph (f) of this section, that there is a statistically
significant difference for chemical parameters or hazardous constituents
specified pursuant to paragraph (a) of this section at any monitoring well at
the compliance point, he or she may demonstrate that a source other than a
regulated unit caused the contamination or that the detection is an artifact
caused by an error in sampling, analysis, or statistical evaluation or natural
variation in the ground water. The owner/operator may make a demonstration
under this paragraph in addition to, or in lieu of, submitting a permit
modification application under paragraph (g)(4) of this section; however, the
owner or operator is not relieved of the requirement to submit a permit
modification application within the time specified in paragraph (g)(4) of this
section unless the demonstration made under this paragraph successfully shows
that a source other than a regulated unit caused the increase, or that the
increase resulted from error in sampling, analysis, or evaluation. In making a
demonstration under this paragraph, the owner or operator must:
(i) Notify the Department in writing within
seven days of determining statistically significant evidence of contamination
at the compliance point that he/she intends to make a demonstration under this
paragraph;
(ii) Within 90 days,
submit a report to the Department which demonstrates that a source other than a
regulated unit caused the contamination or that the contamination resulted from
error in sampling, analysis, or evaluation;
(iii) Within 90 days, submit to the
Department an application for a permit modification to make any appropriate
changes to the detection monitoring program facility; and
(iv) Continue to monitor in accordance with
the detection monitoring program established under this section.
(h) If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirement of this section, he or she must, within 90 days, submit an
application for a permit modification to make any appropriate changes to the
program.
