Current through Register Vol. 48, No. 38, September 20, 2024
a) All CCR
surface impoundments and lateral expansions of CCR surface impoundments are
subject to the groundwater monitoring and corrective action requirements of
this Subpart.
b) Required
Submissions and Agency Approvals for Groundwater Monitoring
1) Existing CCR Surface Impoundments. The
owner or operator of an existing CCR surface impoundment must submit the
following to the Agency in an initial operating permit application:
A) A hydrogeologic site characterization
meeting the requirements of Section 845.620;
B) Design and construction plans of a
groundwater monitoring system meeting the requirements of Section
845.630;
C) A groundwater sampling
and analysis program that includes selection of the statistical procedures to
be used for evaluating groundwater monitoring data as required by Section
845.640; and
D) A monitoring
program that includes a minimum of eight independent samples for each
background and downgradient well as required by Section 845.650(b).
2) New CCR Surface Impoundments.
The owner or operator of a new CCR surface impoundment and all lateral
expansions of a CCR surface impoundment must submit the information required in
subsections (b)(1)(A) through (C) in a construction permit application, and the
information required in subsection (b)(1)(D) in an operating permit
application.
3) All owners and
operators of CCR surface impoundments must:
A)
Conduct groundwater monitoring under a monitoring program approved by the
Agency under this Subpart;
B)
Evaluate the groundwater monitoring data for statistically significant levels
over background levels for the constituents listed in Section 845.600 after
each sampling event;
C) Determine
compliance with the groundwater protection standards in Section 845.600 after
each sampling event; and
D) Submit
all groundwater monitoring data to the Agency and any analysis performed under
subsections (b)(3)(B) and (b)(3)(C) within 60 days after completion of
sampling, and place the groundwater monitoring data in the facility's operating
record as required by Section 845.800(d)(15).
c) Once the groundwater monitoring system and
the groundwater monitoring program have been established at the CCR surface
impoundment as required by this Subpart, the owner or operator must conduct
groundwater monitoring and, if necessary, corrective action throughout the
active life and post-closure care period of the CCR surface impoundment or the
time period specified in Section 845.740(b) when closure is by
removal.
d) If a CCR surface
impoundment has a release, the owner or operator must immediately take all
necessary measures to control all sources of the release to reduce or
eliminate, to the maximum extent feasible, further releases of contaminants
into the environment. The owner or operator of the CCR surface impoundment must
comply with all applicable requirements of Sections 845.660, 845.670, and
845.680.
e) Annual Groundwater
Monitoring and Corrective Action Report
1) The
owner or operator of the CCR surface impoundment must prepare and submit to the
Agency an annual groundwater monitoring and corrective action report as a part
of the annual consolidated report required by Section 845.550.
2) For the preceding calendar year, the
annual report must document the status of the groundwater monitoring and
corrective action plan for the CCR surface impoundment, summarize key actions
completed, including the status of permit applications and Agency approvals,
describe any problems encountered, discuss actions to resolve the problems, and
project key activities for the upcoming year.
3) At a minimum, the annual groundwater
monitoring and corrective action report must contain the following information,
to the extent available:
A) A map, aerial
image, or diagram showing the CCR surface impoundment, all background (or
upgradient) and downgradient monitoring wells, including the well
identification numbers, that are part of the groundwater monitoring program for
the CCR surface impoundment, and a visual delineation of any exceedances of the
groundwater protection standards;
B) Identification of any monitoring wells
that were installed or decommissioned during the preceding year, along with a
narrative description of why those actions were taken;
C) A potentiometric surface map for each
groundwater elevation sampling event required by Section
845.650(b)(2);
D) In addition to
all the monitoring data obtained under this Subpart, a summary including the
number of groundwater samples that were collected for analysis for each
background and downgradient well, and the dates the samples were
collected;
E) A narrative
discussion of any statistically significant increases over background levels
for the constituents listed in Section 845.600; and
F) Other information required to be included
in the annual report as specified in this Subpart.
4) A section at the beginning of the annual
report must provide an overview of the current status of groundwater monitoring
program and corrective action plan for the CCR surface impoundment. At a
minimum, the summary must:
A) Specify whether
groundwater monitoring data shows a statistically significant increase over
background concentrations for one or more constituents listed in Section
845.600;
B) Identify those
constituents having a statistically significant increase over background
concentrations and the names of the monitoring wells associated with the
increase;
C) Specify whether there
have been any exceedances of the groundwater protection standards for one or
more constituents listed in Section 845.600;
D) Identify those constituents with
exceedances of the groundwater protection standards in Section 845.600 and the
names of the monitoring wells associated with the exceedance;
E) Provide the date when the assessment of
corrective measures was initiated for the CCR surface impoundment;
F) Provide the date when the assessment of
corrective measures was completed for the CCR surface impoundment;
G) Specify whether a remedy was selected
under Section 845.670 during the current annual reporting period, and if so,
the date of remedy selection; and
H) Specify whether remedial activities were
initiated or are ongoing under Section 845.780 during the current annual
reporting period.