Current through Register Vol. 48, No. 12, March 22, 2024
a) Information submitted in support of a
Section
738.120
petition must meet the following requirements:
1) All data from waste analyses and any new
testing performed by the petitioner must be approved by the Board and must
provide data that are accurate, reproducible, and performed in accordance with
quality assurance standards;
2) The
following must be true with regard to estimation and monitoring techniques and
the identification of applicable existing USEPA-certified test protocols:
A) All estimation and monitoring techniques
must be approved by the Board; and
B) The petition must identify all applicable
USEPA-certified test protocols in existence at the time the estimation and
monitoring was performed;
3) Predictive models must have been verified
and validated, must be appropriate for the specific site, waste streams, and
injection conditions of the operation, and they must be calibrated for existing
sites where sufficient data are available;
4) A quality assurance and quality control
plan addressing all aspects of the demonstration must be provided to and
approved by the Board;
5)
Reasonably conservative values must be used whenever values taken from the
literature or estimated on the basis of known information are used instead of
site-specific measurements; and
6)
An analysis must be performed to identify and assess aspects of the
demonstration that contribute significantly to uncertainty. The petitioner must
conduct a sensitivity analysis to determine the effect that significant
uncertainty may contribute to the demonstration. The demonstration must then be
based on conservative assumptions identified in the analysis.
b) Any petitioner under Section
738.120(a)(1)(A)
must provide sufficient site-specific information to support the demonstration,
such as the following:
1) The thickness,
porosity, permeability and extent of the various strata in the injection
zone;
2) The thickness, porosity,
permeability, extent and continuity of the confining zone;
3) The hydraulic gradient in the injection
zone;
4) The hydrostatic pressure
in the injection zone; and
5) The
geochemical conditions of the site.
c) In addition to the information in
subsection (b), any petitioner under Section
738.120(a)(1)(B)
must provide sufficient waste-specific information to ensure reasonably
reliable predictions about the waste transformation. The petitioner must
provide the information necessary to support the demonstration, such as the
following:
1) A description of the chemical
processes or other means that will lead to waste transformation; and
2) Results of laboratory experiments
verifying the waste transformation.
BOARD NOTE: Derived from
40 CFR
148.21 (2017).
