Current through Register Vol. 50, No. 9, September 20, 2024
An owner or operator subject to this Chapter must
establish an unsaturated zone monitoring program to discharge the following
responsibilities.
A. The owner or
operator must monitor the soil and soil-pore liquid to determine whether
hazardous constituents migrate out of the treatment zone.
1. The administrative authority will specify
the hazardous constituents to be monitored in the facility permit. The
hazardous constituents to be monitored are those specified under LAC
33:V.2705.B.
2. The administrative
authority may require monitoring for principal hazardous constituents (PHCs) in
lieu of the constituents specified under LAC 33:V.2705.B. PHCs are hazardous
constituents contained in the wastes to be applied at the unit that are the
most difficult to treat, considering the combined effects of degradation,
transformation, and immobilization. The administrative authority will establish
PHCs if he finds, based on waste analyses, treatment demonstrations, or other
data, that effective degradation, transformation, or immobilization of the PHCs
will assure treatment at least equivalent levels for the other hazardous
constituents in the wastes.
B. The owner or operator must install an
unsaturated zone monitoring system that includes soil monitoring using soil
cores and soil-pore liquid monitoring using devices such as lysimeters. The
unsaturated zone monitoring system must consist of a sufficient number of
sampling points at appropriate locations and depths to yield samples that:
COMMENT: The permit application must also address the
following:
(1) Sampling equipment,
procedures, and frequency;
(2)
Procedures for selecting sampling locations;
(3) Analytical procedures;
(4) Chain of custody control;
(5) Procedures for establishing background
values;
(6) Statistical methods for
interpreting results;
(7) The
justification for any hazardous constituents recommended for selection as
principal hazardous constituents in accordance with the criteria for such
selection in LAC 33:V.2711.A; and
(8) A list of hazardous constituents
reasonably expected to be in, or derived from, the wastes to be land treated
based on waste analysis performed pursuant to LAC 33:V.1519.
1. represent background soil-pore liquid
quality and the chemical makeup of soil that has not been affected by leakage
from the treatment zone; and
2.
indicate the quality of soil-pore liquid and the chemical makeup of the soil
below the treatment zone.
C. The owner or operator must establish a
background value for each hazardous constituent to be monitored under LAC
33:V.2711.A. The permit will specify the background values for each constituent
or specify the procedures to be used to calculate the background values.
1. Background soil values may be based on a
one-time sampling at a background plot having characteristics similar to those
of the treatment zone.
2.
Background soil-pore liquid values must be based on at least quarterly sampling
for one year at a background plot having characteristics similar to those of
the treatment zone.
3. The owner or
operator must express all background values in a form necessary for the
determination of statistically significant increases under LAC
33:V.2711.F.
4. In taking samples
for the determination of all background values, the owner or operator must use
an unsaturated zone monitoring system that complies with LAC
33:V.2711.B.1.
D. The
owner or operator must conduct soil monitoring and soil-pore liquid monitoring
immediately below the treatment zone. The administrative authority will specify
the frequency and timing of soil and soil-pore liquid monitoring in the
facility permit after considering the frequency, timing, and rate of waste
application, and the soil permeability. The owner or operator must express the
results of soil and soil-pore liquid monitoring in a form necessary for the
determination of statistically significant increases under LAC
33:V.2711.F.
E. The owner or
operator must use consistent sampling and analysis procedures that are designed
to ensure sampling results that provide a reliable indication of soil-pore
liquid quality and the chemical makeup of the soil below the treatment zone. At
a minimum, the owner or operator must implement procedures and techniques for:
1. sample collection;
2. sample preservation and
shipment;
3. analytical procedures;
and
4. chain of custody
control.
F. The owner or
operator must determine whether there is a statistically significant change
over background values for any hazardous constituent to be monitored under LAC
33:V.2711.A below the treatment zone each time he conducts soil monitoring and
soil-pore liquid monitoring under LAC 33:V.2711.D.
1. In determining whether a statistically
significant increase has occurred, the owner or operator must compare the value
of each constituent, as determined under LAC 33:V.2711.D, to the background
value for that constituent according to the statistical procedure specified in
the facility permit under this Subsection.
2. The owner or operator must determine
whether there has been a statistically significant increase below the treatment
zone within a reasonable time period after completion of sampling. The
administrative authority will specify that time period in the facility permit
after considering the complexity of the statistical test and the availability
of laboratory facilities to perform the analysis of soil and soil-pore liquid
samples.
3. The owner or operator
must determine whether there is a statistically significant increase below the
treatment zone using a statistical procedure that provides reasonable
confidence that migration from the treatment zone will be identified. The
administrative authority will specify a statistical procedure in the facility
permit that he finds:
a. is appropriate for
the distribution of the data used to establish background values; and
b. provides a reasonable balance between the
probability of falsely identifying migration from the treatment zone and the
probability of failing to identify real migration from the treatment
zone.
G. If
the owner or operator determines, pursuant to LAC 33:V.2711.F, that there is a
statistically significant increase of hazardous constituents below the
treatment zone, he must:
1. notify the Office
of Environmental Services of this finding in writing within seven days. The
notification must indicate what constituents have shown statistically
significant increases;
2. within 90
days, submit to the Office of Environmental Services an application for a
permit modification to modify the operating practices at the facility in order
to maximize the success of degradation, transformation, or immobilization
processes in the treatment zone.
H. If the owner or operator determines,
pursuant to LAC 33:V.2711.F, that there is a statistically significant increase
of hazardous constituents below the treatment zone, he may demonstrate that a
source other than regulated units caused the increase or that the increase
resulted from an error in sampling, analysis, or evaluation. While the owner or
operator may make a demonstration under this Subsection in addition to, or in
lieu of, submitting a permit modification application under LAC 33:V.2711.G.2,
he is not relieved of the requirement to submit a permit modification
application within the time specified in LAC 33:V.2711.G.2 unless the
demonstration made under this Subsection successfully shows that a source other
than regulated units caused the increase or that the increase resulted from an
error in sampling, analysis, or evaluation. In making a demonstration under
this Subsection, the owner or operator must:
1. notify the Office of Environmental
Services in writing within seven days of determining a statistically
significant increase below the treatment zone that he intends to make a
determination under this Subsection;
2. within 90 days, submit a report to the
Office of Environmental Services demonstrating that a source other than the
regulated units caused the increase or that the increase resulted from error in
sampling, analysis, or evaluation;
3. within 90 days, submit to the Office of
Environmental Services an application for a permit modification to make any
appropriate changes to the unsaturated zone monitoring program at the facility;
and
4. continue to monitor in
accordance with the unsaturated zone monitoring program established under this
Section.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
