Current through Register Vol. 48, No. 9, September 27, 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 owner or operator shall
specify the parameters or constituents to be monitored in the facility permit
application, 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
Section264.95. The groundwater monitoring system must comply with paragraphs
264.97(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 paragraph (a) of this section in accordance with Section264.97(g)(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 Section264.97(h)(h).
(d) The Department 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 conditions
under paragraph (a) of this section in accordance with 264.97(g).
(e) The owner or operator must determine the
groundwater flow rate and direction in the uppermost aquifer at least
annually.
(f) The owner or operator
must determine whether there is statistically significant evidence of
contamination for any chemical parameter of hazardous constituent specified in
the permit pursuant to paragraph (a) of this section at a frequency specified
under paragraph (d) of this section.
(1) In
determining whether statistically significant evidence of contamination exists,
the owner or operator must use the method(s) specified in the permit under
Section264.97(h)(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 as the compliance point within a reasonable period of time
after completion of sampling. The permit application will specify what period
of time 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 paragraph (f) of this section
that there is statistically significant evidence of contamination for chemical
parameters or hazardous constituents specified pursuant to paragraph (a) of
this section at any monitoring well at the compliance point, he or she must:
(1) Notify the Department 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 in the list of Appendix IX are present, and if so, in what
concentration. However, the Department, on a discretionary basis, may allow
sampling for a site-specific subset of constituents from the Appendix IX list
and other representative/related waste constituents.
(3) For any Appendix IX 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 Department 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 in paragraph (g)(2) of
this section, the hazardous constituents found during this initial Appendix IX
analysis will form the basis for compliance monitoring.
(4) Within 90 days, submit to the Department
a permit application modification to establish a compliance monitoring program
meeting the requirements of Section264.99. The application must include the
following information:
(i) An identification
of the concentration of any Appendix IX constituent detected in the groundwater
at each monitoring well at the compliance point;
(ii) Any proposed changes to the groundwater
monitoring system at the facility necessary to meet the requirements of
Section264.99;
(iii) 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 Section264.99;
(iv) For each hazardous constituent detected
at the compliance point, a proposed concentration limit under Section
264.94(a)(1) or (2)64.94(a)(264.94(a)(1) or (2)) or (2), or a notice of intent
to seek an alternate concentration limit under Section264.94(a)(1) or (2)(b);
and
(5) Within 180 days,
submit to the Department:
(i) All data
necessary to justify an alternate concentration limit sought under
Section264.94(b)(b); and
(ii) An
engineering feasibility plan for a corrective action program necessary to meet
the requirement of Section264.100, unless:
(A)
All hazardous constituents identified under paragraph (g)(2) of this section
are listed in Table 1 of 264.94 and their concentrations do not exceed the
respective values given in that Table; or
(B) The owner or operator has sought an
alternate concentration limit under Section264.94(b)(b) for every hazardous
constituent identified under paragraph (g)(2) of this section.
(6) If the owner or
operator determines, pursuant to paragraph (f) of this section, that there is a
statistically significant difference for chemical parameters or hazardous
constituents specified pursuant to paragraph (a) of this section 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
operator may make a demonstration under this paragraph in addition to, or in
lieu of, submitting a permit modification application under paragraph (g)(4) of
this section; however, the owner or operator is not relieved of the requirement
to submit a permit modification application within the time specified in
paragraph (g)(4) of this section 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: (amended 11/90)
(i) Notify the
Department in writing within seven days of determining statistically
significant evidence of contamination at the compliance point that he intends
to make a demonstration under this paragraph;
(ii) Within 90 days, submit a report to the
Department which demonstrates that a source other than a regulated unit caused
the contamination or that the contamination resulted from error in sampling,
analysis, or evaluation;
(iii)
Within 90 days, submit to the Department an application for a permit
modification to make any appropriate changes to the detection monitoring
program facility; and
(iv) 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. (moved
11/90)
