Current through December 21, 2024
All facilities shall demonstrate compliance with the
following applicable standards and criteria in the permit application:
(a) Applicability: The criteria of
40
CFR 257.90 are incorporated by reference with
the exception of
40
CFR 257.90(g) and the
following additions:
(i) The operator shall
include the following additional information in its annual groundwater
monitoring and corrective action report:
(A) A
summary of facility operations and activities carried out during the last year
including a revised schedule or timetable of facility operations and
activities;
(B) A summary of
anticipated permit amendments during the next year;
(C) The remaining usable CCR landfill and CCR
surface impoundment capacity (in total cubic yards) excluding final
cover;
(D) Quantity of waste
managed during the last year and the method used to determine the
amount;
(E) Quantity of CCR waste
removed, recovered, or diverted for beneficial use and the method used to
determine the amount;
(F)
Electronic copies of all required monitoring data not already submitted
following a sampling event, in a format specified by the Administrator. The
Administrator may require paper copies of monitoring data, as well as
supporting charts or maps that represent the data; and
(G) The Administrator may require reporting
of additional information needed to demonstrate compliance with these
rules.
(b)
Groundwater monitoring systems: The criteria of
40 CFR
257.91 are incorporated by reference with the
following additions:
(i) A description of the
groundwater monitoring well location, design, construction, and development;
and
(ii) A description of the
groundwater sampling program including sampling frequency, test parameters,
sampling procedures, test methods and quality control.
(c) Groundwater sampling and analysis
requirements: The criteria of
40 CFR
257.93 are incorporated by reference with the
following additions:
(i) If the operator is
disposing of non-CCR industrial waste, the detection monitoring program may
also include constituents identified in Chapter 3, Appendix A of these rules,
as required by the Administrator;
(ii) If the operator is disposing of non-CCR
industrial waste, the assessment monitoring program may include constituents
identified in Chapter 3, Appendix B of these rules, as required by the
Administrator; and
(iii)
Constituents identified in Water Quality Rules, Chapter 8, Table 1 may be
included as required by the Administrator for groundwater
classification.
(d)
Detection monitoring program: The criteria of
40 CFR
257.94 are incorporated by
reference.
(e) Assessment
monitoring program: The criteria of
40 CFR
257.95 are incorporated by reference with the
exception of
40 CFR
257.95(h)(2) and the
following additions:
(i) The owner or
operator must request in writing that the Administrator establish a groundwater
protection standard for any constituent required by the Administrator under
(c)(i) or (ii) of this subsection that is not listed in 40 CFR part 257 ,
Appendix III or IV. The Administrator shall establish groundwater protection
standards for such constituents, which shall be:
(A) For constituents where a maximum
contaminant level (MCL) has been promulgated, the MCL for that
constituent;
(B) For constituents
for which MCLs have not been promulgated, the background concentration;
or
(C) For constituents for which
the background level is higher than the MCL or any health-based level
established under subsection (e)(ii), the background
concentration.
(ii) The
Administrator may establish an alternative groundwater protection standard for
constituents for which MCLs have not been established. These groundwater
protection standards shall be health-based levels. For constituents where a MCL
does not exist, the alternative groundwater protection standard shall be the
more stringent standard meeting the requirements of Water Quality Rules,
Chapter 8, Table 1 based on groundwater class of use or the Drinking Water
Equivalent Level as determined by the procedures found in the Storage Tank
Rules Chapter 1, Section 39(e).
(f) Assessment of corrective measures: The
criteria of
40 CFR
257.96 are incorporated by
reference.
(g) Selection of remedy:
The criteria of
40 CFR 257.97
are incorporated by reference.
(h)
Implementation of the corrective action program: The criteria of
40 CFR
257.98 are incorporated by
reference.
