Current through Register Vol. 50, No. 9, September 20, 2024
An owner or operator required to establish a detection
monitoring program under this Subpart must, at a minimum, discharge the
following responsibilities.
A. The
owner or operator must monitor for indicator parameters (e.g., specific
conductance, total organic carbon, or total organic halogen), waste
constituents, or reaction products that provide a reliable indication of the
presence of hazardous constituents in groundwater. The authority will specify
the parameters or constituents to be monitored in the facility permit, after
considering the following factors:
1. the
types, quantities, and concentrations of constituents in wastes managed at the
regulated unit;
2. the mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the waste management area;
3. the detectability of indicator parameters,
waste constituents, and reaction products in groundwater; and
4. the concentrations or values, and
coefficients of variation of proposed monitoring parameters or constituents in
the groundwater background.
B. The owner or operator must install a
groundwater monitoring system at the compliance point as specified under LAC
33:V.3311. The groundwater monitoring system must comply with LAC
33:V.3315.A.2, B, and C.
C. The
owner or operator must conduct a groundwater monitoring program for each
chemical parameter and hazardous constituent specified in the permit pursuant
to LAC 33:V.3317.A in accordance with LAC 33:V.3315.G. The owner or operator
must maintain a record of groundwater analytical data as measured and in a form
necessary for the determination of statistical significance under LAC
33:V.3315.H.
D. The administrative
authority will specify the frequencies for collecting samples and conducting
statistical tests to determine whether there is statistically significant
evidence of contamination for any parameter or hazardous constituent specified
in the permit under Subsection A of this Section in accordance with LAC
33:V.3315.G.
E. The owner or
operator must use procedures and methods for sampling and analysis that meet
the requirements of LAC 33:V.3315.D and E.
F. The owner or operator must determine
whether there is statistically significant evidence of contamination for any
chemical parameter or hazardous constituent specified in the permit pursuant to
LAC 33:V.3317.A at a frequency specified under LAC 33:V.3317.D.
1. In determining whether statistically
significant evidence of contamination exists, the owner or operator must use
the method(s) specified in the permit under LAC 33:V.3315.H. These method(s)
must compare data collected at the compliance point(s) to the background
groundwater quality data.
2. The
owner or operator must determine whether there is statistically significant
evidence of contamination at each monitoring well at the compliance point
within a reasonable period of time after completion of sampling. The
administrative authority will specify in the facility permit what period is
reasonable, after considering the complexity of the statistical test and the
availability of laboratory facilities to perform the analysis of groundwater
samples.
G. If the owner
or operator determines pursuant to LAC 33:V.3317.F that there is statistically
significant evidence of contamination for chemical parameters or hazardous
constituents specified pursuant to LAC 33:V.3317.A at any monitoring well at
the compliance point, he or she must do the following.
1. Notify the administrative authority of
this finding in writing within seven days. The notification must indicate what
chemical parameters or hazardous constituents have shown statistically
significant evidence of contamination.
2. Immediately sample the groundwater in all
monitoring wells and determine whether constituents listed in LAC 33:V.3325,
Table 4 are present, and if so, in what concentrations. However, the
administrative authority, on a discretionary basis, may allow sampling for a
site-specific subset of constituents from LAC 33:V.3325, Table 4 and other
representative/related waste constituents.
3. For any LAC 33:V.3325 compounds found in
the analysis pursuant to Paragraph G.2 of this Section, the owner or operator
may resample within one month or at an alternative site-specific schedule
approved by the administrative authority and repeat the analysis for those
compounds detected. If the results of the second analysis confirm the initial
results, then these constituents will form the basis for compliance monitoring.
If the owner or operator does not resample for the compounds found pursuant to
Paragraph G.2 of this Section, the hazardous constituents found during this
initial LAC 33:V.3325, Table 4 analysis will form the basis for compliance
monitoring.
4. Within 90 days,
submit to the Office of Environmental Services an application for a permit
modification to establish a compliance monitoring program meeting the
requirements of LAC 33:V.3319. The application must include the following
information:
a. an identification of the
concentration of any LAC 33:V.3325, Table 4 constituent detected in the
groundwater at each monitoring well at the compliance point;
b. any proposed changes to the groundwater
monitoring system at the facility necessary to meet the requirements of LAC
33:V.3319;
c. any proposed
additions or changes to the monitoring frequency, sampling and analysis
procedures or methods, or statistical methods used at the facility necessary to
meet the requirements of LAC 33:V.3319;
d. for each hazardous constituent detected
(as defined in LAC 33:V.3301.A.1) at the compliance point, a proposed
concentration limit under LAC 33:V.3309.A.3.a or b, or a notice of intent to
seek an alternate concentration limit under LAC 33:V.3309.B.
5. Within 180 days, submit to the
Office of Environmental Services:
a. all data
necessary to justify an alternate concentration limit sought under LAC
33:V.3309.B; and
b. an engineering
feasibility plan for a corrective action program necessary to meet the
requirement of LAC 33:V.3321, unless:
i. all
hazardous constituents identified under LAC 33:V.3317.G.2 are listed in LAC
33:V.3309.A.3, Table 1 and their concentrations do not exceed the respective
values given in that table; or
ii.
the owner or operator has sought an alternate concentration limit under LAC
33:V.3309.B for every hazardous constituent identified under LAC
33:V.3317.G.2.
6. If the owner or operator determines,
pursuant to LAC 33:V.3317.F, that there is a statistically significant
difference for chemical parameters or hazardous constituents specified pursuant
to LAC 33:V.3317.A at any monitoring well at the compliance point, he or she
may demonstrate that a source other than a regulated unit caused the
contamination or that the detection is an artifact caused by an error in
sampling, analysis, or statistical evaluation or natural variation in the
groundwater. The owner or operator may make a demonstration under this
Paragraph in addition to, or in lieu of, submitting a permit modification
application under LAC 33:V.3317.G.4; however, the owner or operator is not
relieved of the requirement to submit a permit modification application within
the time specified in LAC 33:V.3317.G.4 unless the demonstration made under
this Paragraph successfully shows that a source other than a regulated unit
caused the increase, or that the increase resulted from error in sampling,
analysis, or evaluation. In making a demonstration under this Paragraph, the
owner or operator must:
a. notify the Office
of Environmental Services in writing within seven days of determining
statistically significant evidence of contamination at the compliance point
that he or she intends to make a demonstration under this Paragraph;
b. within 90 days, submit a report to the
Office of Environmental Services that demonstrates that a source other than a
regulated unit caused the contamination or that the contamination resulted from
error in sampling, analysis, or evaluation;
c. within 90 days, submit to the
administrative authority an application for a permit modification to make any
appropriate changes to the detection monitoring program facility; and
d. continue to monitor in accordance with the
detection monitoring program established under this Section.
H. If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirements of this Section, he or she must, within 90 days, submit an
application for a permit modification to make any appropriate changes to the
program.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
