Current through Register Vol. 43, No. 12, March 20,
2024
(a) Detection
monitoring program.
(1) Detection monitoring
shall be required at each groundwater monitoring well as defined in K.A.R.
28-29-111. At a minimum, a detection monitoring program shall include the
monitoring for the constituents listed in appendix I of this regulation. The
owner or operator shall also conduct the following evaluations at each well at
the time of sample collection and immediately before filtering, if applicable,
and preserving samples for shipment:
(A)
elevation of the water table;
(B)
depth of the bottom of the well;
(C) pH of the sample;
(D) temperature of the sample;
(E) specific conductance of the sample; and
(F) observations of the physical
characteristics of the sample.
(2) The monitoring frequency for each
constituent listed in appendix I shall be semiannual during the active life of
the facility, including closure, and the post-closure period except that
monitoring shall be quarterly for the first year. At least one sample from each
well, background and downgradient, shall be collected and analyzed. An
appropriate alternative frequency for sampling and analysis may be specified by
the director. However, the alternative frequency shall be no less than
annually.
(3) If the owner or
operator determines that there is a statistically significant increase over
background for one or more of the constituents listed in appendix I at any
monitoring well, the owner or operator shall:
(A) notify the director within 14 calendar
days of this finding. The notification shall indicate which constituents have
shown statistically significant changes from background levels; and
(B) within 30 calendar days of this finding,
resample the wells showing the statistically significant increase to confirm
the finding. If the statistically significant increase is not confirmed, the
owner or operator shall return to the detection monitoring program specified in
paragraph (a)(1) of this regulation.
(i) If
the statistically significant increase is confirmed, the owner or operator
shall conduct an assessment monitoring program meeting the requirements of
subsection (b) of this regulation, and develop a release assessment plan to
determine the nature and extent of the release within 90 days of confirming the
statistically-significant increase.
(ii) Upon approval of the release assessment
plan by the director, the owner or operator shall implement the release
assessment plan, and prepare and submit a report summarizing all activities and
findings according to the schedule specified in the plan and approved by the
department.
(iii) In lieu of
paragraph (a)(3)(B)(i) and (ii) above, the owner or operator may demonstrate to
the department that a source other than MSWLF unit caused the contamination,
that the statistically significant increase resulted from a natural variation
in groundwater quality, or that the statistically significant increase resulted
from an error in sampling. A report documenting this demonstration shall be
certified by a qualified groundwater scientist and placed in the operating
record. If a successful demonstration is made to and approved by the
department, the owner or operator may continue detection monitoring as
specified in paragraph (a)(1) of this regulation. If after 90 days a successful
demonstration is not made, the owner or operator shall conduct assessment
monitoring as required in subsection (b) of this regulation, and develop a
release assessment plan to determine the nature and extent of the release.
(b) Assessment monitoring.
(1) Assessment monitoring shall be required
for:
(A) new municipal solid waste landfills
or units, or existing municipal solid waste landfills or units which have
established background groundwater concentrations for the appendix I
constituents, whenever a statistically significant increase over background has
been detected for one or more of the constituents listed in appendix I; and
(B) existing municipal solid waste
landfills or units that have not established background groundwater
concentrations for the appendix I constituents if groundwater contamination
exists that exceeds the maximum contamination limits (MCL's) for any organic
constituent contained in appendix I.
(2) Within 90 days of triggering assessment
monitoring, the owner or operator shall sample each downgradient well, or those
wells specified by the director, and analyze the groundwater for:
(A) all constituents identified in appendix
II; and
(B) the parameters listed
in paragraph (a)(1) of this regulation.
(3) Within 180 days of the sampling event
described in paragraph (b)(2), the owner or operator shall collect and analyze
from each background and downgradient well a minimum of three independent
samples to establish background concentrations for each appendix II constituent
detected during paragraph (b)(2) analyses.
(4)
(A)
Within 90 days of the sampling event described in paragraph (b)(3), and on a
semiannual basis thereafter, the owner or operator shall sample each
downgradient well, or those wells specified by the director, and conduct
analysis for all constituents in appendix I and for each constituent in
appendix II that is detected during paragraph (b)(2) analyses.
(B) In addition, the owner or operator shall
sample each downgradient well for each appendix II constituents on an annual
basis.
(C) All analytical results
shall be recorded in the facility operating record.
(5) Whenever a new constituent or
constituents is detected in a downgradient well as a result of the sampling
described in paragraphs (b)(2) or (4), above, the owner or operator shall:
(A) notify the director within 14 days of
each appendix II constituent that has been detected;
(B) collect and analyze from each background
and downgradient well a minimum of four independent samples to establish
background concentrations for the new constituent or constituents; and
(C) include any new constituents
detected in any subsequent monitoring.
(6) If it can be shown that the removed
constituents are not reasonably expected to be contained in or derived from the
waste contained in the unit, appendix II monitoring for a MSWLF unit may be
modified by the director.
(7) An
appropriate alternate frequency for repeated sampling and analysis for the full
set of appendix II constituents during the active life, including closure, and
post-closure care of the unit may be specified by the director.
(8) An appropriate subset of wells to be
sampled and analyzed for appendix II constituents during assessment monitoring
may be specified by the director.
(9) If the concentrations of all appendix II
constituents are shown to be at or below background values, using the
statistical procedures in K.A.R. 28-29-112, for two consecutive sampling
events, the owner or operator shall notify the department of this finding and
may return to detection monitoring, if approved by the department.
(10) If the concentrations of any appendix II
constituents are above background values, but all concentrations are below the
groundwater protection standard established under subsection (13) using the
statistical procedures in section K.A.R. 28-29-112, the owner or operator shall
continue assessment monitoring in accordance with this regulation. Based on an
analysis of groundwater contamination trends, it may be requested by the
director that the owner or operator proceed to the assessment of corrective
measures, as described in K.A.R. 28-29-114.
(11) If one or more appendix II constituents
are detected at statistically-significant levels above the groundwater
protection standard in any sampling event, the owner or operator shall, within
14 days of this finding, notify the department and identify each appendix II
constituent that has exceeded the groundwater protection standard.
(12) If a determination is made that
contamination has migrated off-site, the owner or operator shall immediately
notify all appropriate local government officials and all persons who own the
land or reside on the land that directly overlies any part of the plume of
contamination.
(13) A groundwater
protection standard for each appendix II constituent detected in the
groundwater shall be established by the department. The groundwater protection
standard shall be:
(A) the maximum
contaminant level (MCL) where an MCL has been promulgated under section 1412 of
the safe drinking water act under 40 CFR part 141, as in effect on July 1,
1992;
(B) the background
concentration for the constituent established from wells in accordance with
paragraph (b)(5)(B) of this regulation; or
(C) the background concentration for the
constituent established from wells in accordance with paragraph (b)(5)(B) if
the background level is higher than:
(i) the
MCL; or
(ii) the health-based
levels identified under paragraph (b)(14).
(14) An alternative groundwater protection
standard for constituents for which MCLs have not been established may be
approved by the department. These groundwater protection standards shall be
appropriate health-based levels that satisfy the following criteria:
(A) The level is derived in a manner
consistent with environmental protection agency guidelines for assessing the
health risks of environmental pollutants, 51 Federal Register 33992, 34006,
34014, 34028, dated September 24, 1986;
(B) the level is based on scientifically
valid studies conducted in accordance with the toxic substances control act
good laboratory practice standards, 40 CFR part 792, as in effect on July 1,
1992, or equivalent;
(C) for
carcinogens, the level represents a concentration associated with an excess
lifetime cancer-risk level, due to continuous lifetime exposure, within the 1 *
10-4 to 1 * 10-6 range; and
(D)
for systemic toxicants, the level represents a concentration to which the human
population, including sensitive subgroups, could be exposed on a daily basis
which is likely to be without appreciable risk of deleterious effects during a
lifetime. For purposes of this paragraph, systemic toxicants include toxic
chemicals that cause effects other than cancer or mutation.
(15) A standard in lieu of
paragraph (b)(13) may be designated by the director while an alternative
standard is being developed pursuant to paragraph (b)(14).
(c) Appendices.
APPENDIX I GEOCHEMICALS
Alkalinity
Calcium
Chemical Oxygen Demand (COD)
Chloride
Nitrogen (Ammonia)
Potassium, dissolved
Sodium, dissolved
Sulfate
Total Dissolved Solids (TDS)
VOLATILE ORGANICS
Acetone
Benzene*
Bromodichloromethane
Bromomethane
Bromoform
2-Butanone
Carbon Disulfide
Carbon tetrachloride
Chlorobenzene
Chlorethane
2-Chloroethylvinyl ether
Cloroform
Chloromethane
Dibromochloromethane
1,1-Dichloroethane
1,2-Dichloroethane*
1,1-Dichloroethene*
trans-1,2-Dichloroethene
1,2-Dichloropropane*
cis-1,3-Dichloropropene
Trans-1,3-Dichloropropene
Ethylbenzene*
2-Hexanone
4-Methyl-2-pentanone
Methylene chloride
Styrene*
Tetrachlorethene*
Toluene*
Total Xylenes*
1,1,2,2-Tetrachloroethane
1,1,1-Trichloroethane*
1,1,2-Trichloroethane
Trichloroethene*
Vinyl acetate
Vinyl chloride*
*MCL promulgated
APPENDIX II GEOCHEMICALS
Alkalinity
Calcium
Chemical Oxygen Demand (COD)
Chloride
Nitrogen (Ammonia)
Potassium, dissolved
Sodium, dissolved
Sulfate
Total Dissolved Solids (TDS)
METALS
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium
Cobalt
Copper
Lead
Nickel
Selenium
Silver
Thallium
Vanadium
Zinc
POLYNUCLEAR AROMATIC HYDROCARBONS
Acenaphthene
Acenaphthylene
Anthracene
Benzo(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
Benzo(j)fluoranthene
Benzo(k)fluoranthene
Benzo(ghi)perylene
Chrysene
Dibenz(a,h)acridine
Dibenz(a,j)acridine
Dibenzo(a,h)anthracene
7H-Dibenzo(c,g)carbazole
Dibenzo(a,e)pyrene
Dibenzo(a,h)pyrene
Dibenzo(a,i)pyrene
Fluoranthene
Fluorene
Indeno(1,2,3-cd)pyrene
3-Methylcholanthrene
Naphthalene
Phenanthrene
Pyrene
CHLORINATED HYDROCARBONS
Benzal chloride
Benzotrichloride
Benzyl chloride
2-Chloronaphthalene
1,2-Dichlorobenzene
1,3-Dichlorobenzene
1,4-Dichlorobenzene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclohexane
Hexachlorocyclopentadiene
Hexachloroethane
Tetrachlorobenzenes
1,2,4-Trichlorobenzene
Pentachlorohexane
ORGANOPHOSPHORUS PESTICIDES
Azinphos methyl
Bolstar
Chlorpyrifos
Coumaphos
Demeton-O
Demeton-S
Diazinon
Dichlorvos
Disulfoton
Ethroprop
Fensulfothion
Fenthion
Merphos
Mevinphos
Naled
Parthion methyl
Phorate
Ronnel
Stirophos (Tetrachlorvinphos)
Tokuthion (Prothiofos)
Trichloronate
CHLORINATED HERBICIDES
2,4-D
2,4-DB
2,4,5-T
2,4,5-TP (silvex)
Dalapon
Dicamba
Dichloroprop
Dinoseb
MCPA
MCPP
VOLATILE ORGANICS
Acetone
Benzene
Bromodichloromethane
Bromomethane
Bromoform
2-Butanone
Carbon Disulfide
Carbon tetrachloride
Chlorobenzene
Chlorethane
2-Chloroethylvinyl ether
Chloroform
Chloromethane
Dibromochloromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethene
trans-1,2-Dichloroethene
1,2-Dichloropropane
cis-1,3-Dichloropropene
trans-1,3-Dichloropropene
Ethyl benzene
2-Hexanone
4-Methyl-2-pentanone
Methylene chloride
Styrene
Tetrachloroethene
Toluene
Total Xylenes
1,1,2,2-Tetrachloroethane
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Vinyl acetate
Vinyl chloride
VOLATILE ORGANICS
Benzene
Bromobenzene
Bromochloromethane
Bromodichloromethane
Bromoform
Bromoethane
n-Butylbenzene
sec-Butybenzene
tert-Butylbenzene
Carbon tetrachloride
Chlorobenzene
Chloroethane
Chloroform
Chloromethane
2-Chlorotoluene
4-Chlorotoluene
Dibromochloromethane
1,2-Dibromo-3-chloropropane
1,2-Dibromoethane
Dibromomethane
1,2-Dichlorobenzene
1,3-Dichlorobenzene
1,4-Dichlorobenzene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethene
cis-1,2-Dichloroethene
trans-1,2-Dichloroethene
1,2-Dichloropropane
1,3-Dichloropropane
2,2-Dichloropropane
1,1-Dichloropropene
Ethylbenzene
Hexachlorobutadiene
Isopropylbenzene
p-Isopropyltoluene
Methylene chloride
Naphthalene
n-Propylbenzene
Styrene
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethene
Toluene
1,2,3-Trichlorobenzene
1,2,4-Trichlorobenzene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Trichlorofluoromethane
1,2,3-Trichloropropane
1,2,4-Trimethylbenzene
1,3,5-Trimethylbenzene
Vinyl chloride
o,m,p-Xylene
