Current through Register Vol. 48, No. 38, September 20, 2024
An owner or operator required to establish a detection
monitoring program under this Subpart F 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 groundwater. The Agency must 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 groundwater; and
4) The concentrations or values and
coefficients of variation of proposed monitoring parameters or constituents in
the groundwater background.
b) The owner or operator must install a
groundwater monitoring system at the compliance point as specified under
Section
724.195. The
groundwater monitoring system must comply with Sections
724.197(a)(2),
724.197(b),
and
724.197(c).
c) The owner or operator must conduct a
groundwater monitoring program for each chemical parameter and hazardous
constituent specified in the permit pursuant to subsection (a) in accordance
with Section
724.197(g).
The owner or operator must maintain a record of groundwater analytical data, as
measured and in a form necessary for the determination of statistical
significance under Section
724.197(h).
d) The Agency must 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 subsection
(a) in accordance with Section
724.197(g).
e) The owner or operator must determine the
groundwater 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 or hazardous constituent specified in
the permit pursuant to subsection (a) at a frequency specified under subsection
(d).
1) In determining whether statistically
significant evidence of contamination exists, the owner or operator must use
the methods specified in the permit under Section
724.197(h).
These methods must compare data collected at the compliance points to the
background groundwater 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 Agency must 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 groundwater samples.
g) If the owner or operator determines
pursuant to subsection (f) that there is statistically significant evidence of
contamination for chemical parameters or hazardous constituents specified
pursuant to subsection (a) at any monitoring well at the compliance point, the
owner or operator must do the following:
1)
Notify the Agency 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 groundwater in all
monitoring wells and determine whether constituents in the list of Appendix I
are present, and if so, in what concentration. However, the Agency must allow
sampling for a site-specific subset of constituents from the Appendix I list
and for other representative or related waste constituents if it determines
that sampling for that site-specific subset of contaminants and other
constituents is more economical and equally effective for determining whether
groundwater contamination has occurred.
3) For any compounds in Appendix I found in
the analysis pursuant to subsection (g)(2), the owner or operator may resample
within one month or at an alternative site-specific schedule approved by the
Agency 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 set forth in subsection (g)(2), the hazardous
constituents found during this initial Appendix I analysis will form the basis
for compliance monitoring.
4)
Within 90 days, submit to the Agency an application for a permit modification
to establish a compliance monitoring program meeting the requirements of
Section
724.199.
The application must include the following information:
A) An identification of the concentration of
any constituent in Appendix I detected in the groundwater at each monitoring
well at the compliance point;
B)
Any proposed changes to the groundwater monitoring system at the facility
necessary to meet the requirements of Section 724.199;
C) 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
Section 724.199;
D) For each
hazardous constituent detected at the compliance point, a proposed
concentration limit under Section
724.194(a)(1) or
(a)(2), or a notice of intent to seek an
alternate concentration limit under Section
724.194(b).
5) Within 180 days, submit the following to
the Agency:
A) All data necessary to justify
an alternate concentration limit sought under Section
724.194(b);
and
B) An engineering feasibility
plan for a corrective action program necessary to meet the requirement of
Section
724.200,
unless the following is true:
i) All
hazardous constituents identified under subsection (g)(2) are listed in Table 1
of Section
724.194 and
their concentrations do not exceed the respective values given in that table;
or
ii) The owner or operator has
sought an alternate concentration limit under Section
724.194(b)
for every hazardous constituent identified under subsection (g)(2).
6) If the
owner or operator determines, pursuant to subsection (f), that there is a
statistically significant difference for chemical parameters or hazardous
constituents specified pursuant to subsection (a) at any monitoring well at the
compliance point, the owner or operator 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 groundwater. The owner or operator may make a
demonstration under this subsection (g) in addition to, or in lieu of,
submitting a permit modification application under subsection (g)(4); however,
the owner or operator is not relieved of the requirement to submit a permit
modification application within the time specified in subsection (g)(4) unless
the demonstration made under this subsection (g) 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 subsection (g), the owner or operator must do the
following:
A) Notify the Agency in writing,
within seven days of determining statistically significant evidence of
contamination at the compliance point, that the owner or operator intends to
make a demonstration under this subsection (g);
B) Within 90 days, submit a report to the
Agency that demonstrates that a source other than a regulated unit caused the
contamination or that the contamination resulted from error in sampling,
analysis, or evaluation;
C) Within
90 days, submit to the Agency an application for a permit modification to make
any appropriate changes to the detection monitoring program facility;
and
D) 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 requirements of this Section, the owner or operator must,
within 90 days, submit an application for a permit modification to make any
appropriate changes to the program.
