Current through Register Vol. 48, No. 38, September 20, 2024
a) Based on the
schedule established pursuant to Section
811.325(d)
for initiation and completion of corrective action, the owner or operator must
fulfill the following requirements:
1) It
must establish and implement a corrective action groundwater monitoring program
that fulfills the following requirements:
A)
At a minimum, the program must meet the requirements of an assessment
monitoring program pursuant to Section
811.319(b);
B) The program must indicate the
effectiveness of the remedy; and
C)
The program must demonstrate compliance with groundwater protection standards
pursuant to subsection (e).
2) It must implement the remedy selected
pursuant to Section 811.325.
3) It
must take any interim measures necessary to ensure the adequate protection of
human health and the environment. The interim measures should, to the greatest
extent practicable, be consistent with the objectives of and contribute to the
performance of any remedy that may be required pursuant to Section 811.325. The
owner or operator must consider the following factors in determining whether
interim measures are necessary:
A) The time
required to develop and implement a final remedy;
B) Any actual or potential exposure of nearby
populations or environmental receptors to hazardous constituents;
C) Any actual or potential contamination of
drinking water supplies or sensitive ecosystems;
D) Any further degradation of the groundwater
that may occur if remedial action is not initiated expeditiously;
E) The weather conditions that may cause
hazardous constituents to migrate or be released;
F) Any risks of fire or explosion, or
potential for exposure to hazardous constituents as a result of an accident or
failure of a container or handling system; and
G) Any other situations that may pose threats
to human health and the environment.
b) If an owner or operator determines, based
on information developed after implementation of the remedy has begun or other
information, that compliance with requirements of Section
811.325(b)
are not being achieved through the remedy selected, the owner or operator must
fulfill the following requirements:
1) It
must implement other methods or techniques that could practicably achieve
compliance with the requirements, unless the owner or operator makes the
determination pursuant to subsection (c).
2) It must submit to the Agency, prior to
implementing any alternative methods pursuant to subsection (b)(1), an
application for a significant modification to the permit describing the
alternative methods or techniques and how they meet the standards of Section
811.325(b).
c) If the owner or operator
determines that compliance with the requirements of Section
811.325(b)
cannot be practically achieved with any currently available methods, the owner
or operator must fulfill the following requirements:
1) It must obtain the certification of a
qualified groundwater scientist or a determination by the Agency that
compliance with requirements pursuant to Section
811.325(b)
cannot be practically achieved with any currently available methods.
2) It must implement alternative measures to
control exposure of humans or the environment to residual contamination, as
necessary to adequately protect human health and the environment.
3) It must implement alternative measures for
control of the sources of contamination, or for removal or decontamination of
equipment, units, devices, or structures that fulfill the following
requirements:
A) The measures are technically
practicable; and
B) The measures
are consistent with the overall objective of the remedy.
4) It must submit to the Agency, prior to
implementing the alternative measures in accordance with subsection (c), an
application for a significant modification to the permit justifying the
alternative measures.
5) For
purposes of this Section, a "qualified groundwater scientist" is a scientist or
an engineer who has received a baccalaureate or postgraduate degree in the
natural sciences or engineering and has sufficient training and experience in
groundwater hydrology and related fields as may be demonstrated by state
registration, professional certifications, or completion of accredited
university programs that enable that individual to make sound professional
judgments regarding groundwater monitoring, contaminant fate and transport, and
corrective action.
d)
All solid wastes that are managed pursuant to Section
811.325
or subsection (a)(3) must be managed by the owner or operator in a manner that
fulfills the following requirements:
1) It
adequately protects human health and the environment; and
2) It complies with applicable requirements
of this Part.
e)
Remedies selected pursuant to Section
811.325
must be considered complete when the following requirements are fulfilled:
1) The owner or operator complies with the
groundwater quality standards established pursuant to Section
811.320
at all points within the plume of contamination that lie beyond the zone of
attenuation established pursuant to Section 811.320;
2) Compliance with the groundwater quality
standards established pursuant to Section
811.320
has been achieved by demonstrating that concentrations of the constituents
monitored under the assessment monitoring program pursuant to Section
811.319(b)
have not exceeded the groundwater quality standards for a period of three
consecutive years using the statistical procedures and performance standards in
Section
811.320(e).
The Agency may specify an alternative time period during which the owner or
operator must demonstrate compliance with the groundwater quality standards.
The Agency must specify such an alternative time period by considering the
following factors:
A) The extent and
concentration of the releases;
B)
The behavior characteristics of the hazardous constituents in the
groundwater;
C) The accuracy of
monitoring or modeling techniques, including any seasonal, meterological, or
other environmental variabilities that may affect the accuracy; and
D) The characteristics of the groundwater;
and
3) All actions
required to complete the remedy have been satisfied.
f) Within 14 days after the completion of the
remedy, the owner or operator must submit to the Agency an application for a
significant modification of the permit including a certification that the
remedy has been completed in compliance with the requirements of subsection
(e). The certification must be signed by the owner or operator and by a
qualified groundwater scientist.
g)
Upon Agency review and approval of the certification that the corrective action
has been completed, in accordance with subsection (e), the Agency must release
the owner or operator from the financial assurance requirements for corrective
action pursuant to Subpart G.
BOARD NOTE: Requirements of this Section are derived from
40 CFR
258.58 (2017).
