024401
                    Resource Conservation and Recovery Act

                    Subtitle C - Hazardous Waste Management

                    Section 3004 - Standards Applicable to Owners
                                   and Operators of Hazardous Waste
                                   Treatment, Storage, and Disposal
                                   Facilities.
                                 BACKGROUND DOCUMENT
                                      Subpart F
                               Ground-Water Monitoring
                        U.S. Environmental Protection Agency

                                Office of Solid Waste

                                     May 2, 1980

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                          TABLE OF CONTENTS


                                                                 Page

  I.  INTRODUCTION                                                  1

      A.  Legislative Mandate                                       1
      B   Key Definitions                                           2

 II.  RATIONALE FOR REGULATION                                      3

      A.  Importance of the Ground-Water Resources                  3
      B.  Damage Case Summaries                                     3
      C   Federal and State Precedents                              6

III.  SYNOPSIS OF PROPOSED REGULATION                               9

 IV.  COMMENT ANALYSIS AND RATIONALE FOR CHOSEN ACTION             12

      A.  Comments on Definitions                                  13
      B.  Specific Monitoring Requirements                         22

          1.  Leachate Monitoring System                           23
          2.  Applicability                                        31
          3.  Ground-Water Monitoring System                       49"
          4.  Sampling and Analysis                                75
          5.  Preparation, Evaluation and Response                 98
          6.  Statistical Methods (Appendix IV)                   109
          7.  Recordkeeping and Reporting                         118

  V.  REFERENCES                                                  125

Attachment No. 1 - Damage Cases                                   131

Attachment No. 2 - State Laws and Regulations                     133
                                 iii

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                         BACKGROUND DOCUMENT




                       GROUND-WATER MONITORING






I.  INTRODUCTION




A.  Legislative Mandate




     Section 3004 of the Resource Conservation and Recovery Act of




1976 (RCRA) requires that the EPA Administrator promulgate regula-




tions establishing such performance standards, applicable to owners




and operators of facilities for the treatment, storage, or disposal




of hazardous wastes, as may be necessary to protect human health and




the environment.  Section 3004(2) specifically requires that these




standards include requirements respecting satisfactory monitoring at




hazardous waste management facilities (HWMF).




     The Agency interprets this provision to provide clear authority




for the RCRA Subtitle C regulations to require various types of moni-




toring at HWMFs.  This document deals with regulations for ground-




water monitoring at hazardous waste management facilities.




     The fundamental objective of ground-water monitoring at HWMF




sites is to serve as a continuing assessment of the quality of the




ground water in the uppermost aquifer which flows beneath the HWMF.




Introduction and transport of contaminants in  such an aquifer could,




if undetected, result in a serious threat to human health and the




environment.  The HWMF should be monitored in  such a manner as to




detect,  as early as possible, the movement of  contaminants from the




HWMF into the ground water to allow prompt implementation of measures

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designed to correct any such contamination, if necessary.  This con-

cept is implicit in the regulations discussed herein.

B.  Key Definitions

     The following definitions concerning ground-water monitoring

were the subject of substantial comment on the proposed rule and are

discussed in depth in Section IV below:

     "Annular Space"
     "Aquifer" (and "Usable Quantity")
     "Endangerment"
     "Ground Water"
     "Hydraulic Gradient"
     "Leachate Monitoring System"
     "Monitoring Well"
     "Unsaturated Zone"
     "Water Table"

Other key definitions used in this document are:

     "Facility" means all land and appurtenances,  on it and to it,

used for the treatment, storage and/or disposal of hazardous  waste.

A facility may consist of several treatment,  storage, and/or  disposal

operational units (e.g., one or more landfills, surface impoundments,

land treatment areas, or combinations of them).  (See Part 260,  Sub-

part B.)

     "Leachate" means the liquid, including any suspended components

in the liquid, that has percolated through or drained from hazardous

waste.  (See Part 265, Subpart N.)

     "Saturated zone" or "zone of saturation" means that  part of the

earth's crust in which all voids are filled with water.  (NO  com-
                  /
ments, proposed definition is retained.)

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II.  RATIONALE FOR REGULATION

A.  Importance of the Ground-Water Resource68

     Almost one-half of the population (48%) of the United States de-

pends upon ground water as a source of drinking water.  Of the total

population, 29% use ground water delivered by community systems and

another 19% have their own domestic wells (Figure 1).  The rural

population dependent upon ground water is much higher (95%) than

the population served by public supplies (36%).  The largest use of

ground water  is irrigation which accounts for 67% of total ground-

water withdrawal.  Public supplies are the second largest consumer

of ground water.  Figure 2 illustrates the breakdown of ground-water

withdrawal by use.

B.  Case Summaries

     The potential for and existence of ground-water contamination

from hazardous waste land disposal facilities is well documented in

an EPA unpublished list of damage cases by Abby Howard.22  of the

two hundred forty-six cases surveyed in this document one hundred

twenty-six involved some form of ground-water contamination.  The

following damage cases illustrate a few examples of the potential

for ground-water contamination.

     (1)  The Wisconsin Department of Natural Resources (DNR)
          reported the existence of localized heavy ground-
          water contamination in the vicinity of the Ansul
          Company, which manufactures agricultural herbicides
          in Marinette, Wisconsin. "

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  SURFACE  WAT5S -


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              S-^^w'?**^?."•»VT//- i^*' •'-'"* -' -U. :TV.V^" ' '





                ^.".*_J=;'» >i-\ • ^*^*^»-*""*-^l-- — >"^_"-, ^
                                        'SURFACE

                                        RURAL  DOMESTIC


                                        SUPPLIES
o/
/o
Figure 1.   Population served by  source and  supply,  1970
                                                                  68

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SELF-SUPPLIED
INDUSTRY-
                                        PUBLIC SUPPLIES
                                               14 %
ELECTRIC
    UTJL1TY-
      2 %
                                       RURAL  DOMESTIC
                                          . 4%
                                                        RURAL LIVESTOCK
                                                             2 %
                            « I CATION -87 %
 Figure 2.   Total ground-water withdrawal, by use, 1970.
                                                        68
                                  5

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     (2)  An aluminum plant in Monroe County, Ohio, had grossly con-
          taminated the ground water under its site.  The source of
          contamination was leachate from a used tailing pond and
          used potline piles.44-

     (3)  A chemical plant in Hamilton County, Ohio, which utilizes
          two infiltration lagoons for waste disposal had contami-
          nated a very productive aquifer in the area.  Discovery
          of this occurred when new wells were installed on a nearby
          property.43

     (4)  In 1972 shallow wells were installed near an arsenic pes-
          ticide disposal site for the purpose of serving as a water
          supply for a local construction company.   Thirteen employ-
          ees were stricken with what was later diagnosed to be ar-
          senic poisoning.

     (5)  Contamination of ground water has occurred in Myers town,
          Pennsylvania, as a result of disposal of  arsenic wastes
          from surface storage areas of a commercial laboratory.47

C.  Federal and State Precedents

     In developing these regulations, the Agency considered a number

of existing federal and state regulations and standards.

     The following is a summary of these precedents as they relate to

ground-water monitoring:

     1.  EPA Recommendations for the Disposal of Pesticides and
         Pesticide Containers(49)—

              These guidelines recommend that, if appropriate incin-
         eration facilities are not available, organic pesticides may
         be disposed by burial in a "specially designated landfill."
         Such landfills are those at which complete long term protec-
         tion is provided for the quality of surface and subsurface
         waters from pesticides and which are equipped with monitor-
         ing wells, sampled and analyzed to detect  any leakage.

     2.  EPA PCBs - Manufacturing, Processing, Distribution in Com-
         merce, and Use Prohibitions^!)—

              These regulations require disposal of certain PCB
         wastes in chemical waste landfills which must be designed
         and operated to provide containment of PCB wastes.   Such

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         landfills must be equipped with a ground-water monitoring
         system described in the regulations.   The monitoring system
         installation,  sampling and analysis requirements are very
         similar to those described in these hazardous waste manage-
         ment regulations.

     3.   EPA Land Disposal Facilities and Practices Criteria^^ —

              While these regulations do not specifically require
         ground-water monitoring at disposal facilities, they do,
         however, require that complying facilities not discharge
         certain substances to ground water.  Similar to these
         hazardous waste management regulations the ground water
         quality standards of the criteria are to be applied at
         the edge of the waste (i.e., the solid waste boundary).

     4.   Selected State Regulations and Standards —

              A review of Agency files has yielded a list of 13
         states which require some form and extent of ground-water
         monitoring at hazardous waste management facilities.
         These regulations and standards are summarized in Attach-
         ment No. 2.

              In addition, a survey conducted  by the Minnesota
         Pollution Control Agency has yielded  information regarding
         the status of State regulatory requirements for ground-water
         monitoring at waste disposal facilities.12

     In consideration of the Congressional mandate in RCRA,  the

importance of protecting ground-water resources and the potential for

harm to these resources from hazardous waste management activities,

as evidenced by the preceding damage case summaries, the Agency  has

determined that ground-water monitoring requirements need to be  in-

cluded in these final rules.  The concern for  minimizing the extent

of ground-water contamination, caused by waste management activities,

through reliance upon ground-water monitoring  systems, as demon-

strated in the summaries of state regulations, supports the Agency

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decision to require ground-water monitoring in these rules.  Exami-




nation of damage cases and Federal/State monitoring requirements has




aided the Agency in better assessing the magnitude of ground-water




contamination attributed to disposal activities as well as yielding




valuable information on monitoring systems and technologies (e.g.,




well number and construction,  etc.).
                                  8

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III.  SYNOPSIS OF PROPOSED REGULATION
     RCRA Section 3004 Regulations for ground-water monitoring at
hazardous waste landfills and surface impoundments were proposed as
§250.43-8 in the Federal Register [43 FR 59005] on December 18, 1978.
Proposed §250.43-8 also dealt with leachate monitoring systems.
These systems have been deleted from the final rules for reasons
discussed in Section IV and will not be discussed here.
     The proposed rule specified that a ground-water monitoring sys-
tem must consist of at least four monitoring wells.  One well was to
               i
be placed hydraulically upgradient from the facility to supply in-
formation on background quality of ground water.  A minimum of three
wells were to be placed downgradient within the facility property
boundary at different depths to maximize the detection of any leach-
ate which had migrated into ground water.  At least one downgradient
well was to' be placed immediately adjacent to the active portion of
the facility.  All wells were to be cased and the annular space back-
filled.  A "Note" allowed variances to the number and depth of wells
in certain cases.
     All wells were to be sampled monthly for one year (beginning at
least three months before receiving wastes at a new facility) to pro-
vide background statistics on ground water quality.  These samples
were to be subjected to a comprehensive analysis to quantify the con-
centrations of all parameters included in EPA's Interim Primary and

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Proposed Secondary Drinking Water Standards, beryllium, nickel, cya-




nide and phenols, and to detect the presence of organic constituents




by scanning by gas chromatography.   In addition, these samples were




to be analyzed for specific conductivity, pH, chloride, total dis-




solved solids, dissolved organic carbon,  and the principal hazardous




constituents of the hazardous waste handled at the facility.  This




latter analysis was called a "minimum analysis," and was a sub-set of




the comprehensive analysis.  A ""Note" allowed variances to the list




of these analyses in certain circumstances.




     After the one-year period to establish background levels, sam-




ples were to be taken quarterly or semi-annual ly,  depending upon the




ground-water flow rate, and subjected to  the minimum analysis.  How-




ever, at least annually, the wells  were to be sampled and subjected




to the comprehensive analysis.




     If the analyses of samples showed a  significant difference in




any parameter from the background levels  (as determined by the Stu-




dent's t, single-tailed test at the 95 percent confidence level),




the facility owner/operator was to discontinue facility operations,




notify EPA (within seven days), determine the cause of the discrep-




ancy, and determine the extent of ground-water contamination.




     Otherwise the facility owner/operator was to  keep records of




monitoring activities and analysis data for three  years and send the




analytical data  to EPA on a quarterly basis.
                                  10

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     During the interim status period, the proposed rules applied




only to owners/operators of facilities where a ground-water monitor-




ing system was already in place.
                                  11

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IV.   COMMENT ANALYSIS  AND RATIONALE FOR CHOSEN ACTION




     A few commenters  specifically addressed these requirements as




they apply to facility owners  and operators  with interim status.




These commenters suggested that  the proposed rules apply to all




facilities during the  interim  status period.  Since these comments




dealt with the scope of the proposed rules,  rather than their sub-




stance, the comments are discussed in the background document on




purpose, scope,  and applicability.  However, since the final interim




status regulations now do indeed require ground-water monitoring at




all facilities,  not just those with a monitoring system already in




place, all substantive comments  on the proposed rules are discussed,




below, except those relating specifically to permitted facilities.




Comments related to permit award will be addressed in the background




document for 40  CFR 264, Subpart F.




     Similarly,  comments which addressed the proposed ground water




human health and environmental standard (GWHHES)  are not addressed




here.  The GWHHES requirements were not proposed for facilities under




interim status and have not been included in these final interim




status regulations.




     The remaining comments received can be  grouped into those ad-




dressing (1) definitions concerning ground-water monitoring, and (2)




specific proposed monitoring requirements.   In the following analy-




sis, the comments are addressed  in that order.
                                 12

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A.  Comments on Definitions

1.  "Annular Space"

     The term "annular space" was defined to mean  the space between
     the bore hole and the casing.  A bore hole is the man-made hole
     in a geological formation  for  installation of a monitoring well.

Rationale for Final Definition

     No comments were received  on the proposed definition of this

term.  The Agency  feels  that common English usage  of this term is

generally understood.  Therefore, this term has not been defined

in  these final regulations.  Use of the term in the regulations is

clarified where necessary.

2.  "Aquifer" (and "Usable Quantity")

     The term "aquifer"  was defined in the proposed regulations as a
     geologic formation  that is capable of yielding usable quantities
     of ground water to  wells or springs.

Rationale for Proposed Definition

     This definition is  essentially that found in  the dictionary,

for example:  "aquifer - an underground layer of porous rock, sand,

etc., containing water,  into which  wells can be sunk" (Webster's New

World Dictionary,  Second College Edition).  In order to make this

definition  somewhat more specific the Agency added language limiting

aquifers to those  underground soils capable of yielding "usable quan-

tities" of ground  water  and specifically requested (in the preamble

to  the proposed regulations) comments on this concept and suggestions

on  defining "usable quantities."  The Agency also  suggested that 600
                                  13

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gallons/day (an estimate of the needs of an urban family of 4 people)




could serve as a lower limit.




Comments Received




     Since the term "usable quantity" is the key to the definition




of aquifer, virtually all comments on the definition related to this




term.  In general,  comments on the suggestion of 600 gallons/day




argued the impract icality of specifying such a number.   It was stated




by one commenter that some aquifers in California serve as drinking




water supplies with yields only in the range of 50-200  gallons/day.




Other commenters, in less specific terms, explained that the minimum




acceptable yield of an aquifer for drinking water purposes depended




upon available alternative sources of drinking water.   If no suitable




surface water supply or other ground-water source of drinking water




is available, and drinking water is necessary,  then an  aquifer yield-




ing any measurable  quantity may be considered "usable."  Another way




in which this opinion was expressed was that "usable quantity" should




be a case-by-case determination based upon local need and resources.




It was also suggested that the definition have an accompanying "Note"




explaining that "usable quantity" could only be determined on a local



basis.




     Another suggestion attempting to avoid the problem of specifying




"usable quantity" would replace this term with  for beneficial use




for a long period of time."
                                  14

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     Several comments discussed the issue of quantity vs. quality of




ground water.  From one extreme, a commenter suggested protection of




all ground water regardless of current quality or potential yield in




order to assure underground sources of water for future generations.




Similarly, commenters suggested that any aquifer capable of yielding




water, or at least those yielding water containing less than 10,000




mg/1 total dissolved solids, be considered as "usable" in these regu-




lations.  From the opposite extreme, a commenter suggested that the




regulations only address "potable subsurface water."




Comment Analysis/Rationale for Chosen Action




     In general, the Agency agrees that it is infeasible to specify a




minimum yield for "usable quantity," in the definition of "aquifer,"




which could be applicable throughout the country.  The Agency de-




sires, however, to protect even low yield ground-water aquifers,




which supply drinking water, from contamination from hazardous waste




management activities.  Toward this end, the Agency has determined




that  the  suggested minimum of 600 gallons/day was too high.  As in-




dicated,  this consumption rate is the typical requirement for a sin-




gle family dwelling for 4 people in an urban area.  In such an area,




this design consumption rate includes provision for such uses as fire




protection in addition to gardening and other non-human consumption




uses.  In a rural area the actual water consumption rate for a family




of 4 people could be dramatically less.  An EPA Water Supply Bulletin




suggests  that 50 gallons/capita/day can satisfy most domestic water
                                  15

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requirements.67  Even in Light of this discussion the Agency also

recognizes that 200 gallons/day (rural family of 4 people) may be

too high or too low in specifying a minimum yield to define "usable

quantity" in specific local situations.   For these reasons the Agency

has decided to modify the proposed definition for "aquifer" in the

final regulations.  No specification for "usable quantity" has been

included.  However, the Agency does wish to draw attention to the

fact that the yield of an aquifer is an important factor in determin-

ing the degree of aquifer protection needed; therefore,  it has used

the term "significant amount" in the definition. Only prevailing

local conditions determine whether an aquifer is capable of yielding

"significant amounts" of water.

     The definition of "aquifer" in the final regulation reads:

     "Aquifer" means a geologic formation,  group of formations,  or
     part of a formation capable of yielding a significant amount
     of ground water to wells or springs.

3.  "Endangerment"

     The term "endangerment" was defined to mean the introduction of
     a substance into ground-water so as to:

     (i)  Cause the maximum allowable contaminant levels established
          in the National Primary Drinking Water Standards in effect
          as of the date of promulgation of this Subpart to be
          exceeded in the ground-water;  or

    (ii)  Require additional treatment of  the ground water in order
          not to exceed the maximum contaminant levels established in
          any promulgated National Primary Drinking Water regulations
          at the point such water is used  for human consumption; or

   (iii)  Reserved (Note:  Upon promulgation of revisions to the
          Primary Drinking Water Standards and National Secondary
          Drinking Water Standards under the Safe Drinking Water Act


                                  16

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          and/or standards for other specific pollutants as may be

          appropriate.)
                               V

Rationale for Proposed Definition


     The basis of this definition is a concept included in the Safe


Drinking Water Act which relates ground water protection to avoidance


of increased treatment.  Any addition of substances to ground water


which would require additional treatment to render the water fit for


human consumption constitutes endangerment.


Comments Received


     Commenters stated that application of the primary drinking water


standards, only, to ground water quality was unprotective and that


broader standards should be specified.  Others commented that changes


in the primary standards may not always be incorporated in these RCRA


rules.  Other comments argued that the endangerment concept was in-


consistent with objectives of RCRA Section 3004 which requires pro-


tection of human health and the environment, not only drinking water.


Response to Comments and Rationale for Final Definition


     The term endangerment was used in the proposed regulations in


the §250.42-1 Ground-water Human Health and Environmental Standard.


This standard has been deleted from these final rules; therefore, the


term endangerment has  also been deleted.


4.  "Ground Water"


     The term "ground water" was defined to mean water in the satur-
     ated zone beneath the land surface.
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Rationale for Proposed Definition

     This definition was derived and modified from two references,

the Webster's Collegiate Dictionary and the Glossary of Geology,

published by the American Geological Institute.   The objective of

this definition was to emphasize that only the water beneath the land

surface that is contained in the saturated zone is considered ground

water.

Comments Received

     The major comment received was that a clear distinction between

the terms "aquifer" and "ground water" should be made such that the

terms cannot be used interchangeably.

Response to Comments and Rationale for Final Definition

     The term "ground water" is clearly defined to mean water in the

saturated zone and the term "aquifer" means a geologic formation ...

yielding ground water.  In one case the water is defined and in the

other the formation which is capable of yielding ground water is de-

fined.  The Agency does not use these terms interchangeably in the

final rule.

Final Definition

     The proposed definition is retained for final regulations.

5.  "Hydraulic Gradient"

     The term "hydraulic gradient" was defined to mean the change in
     hydraulic pressure per unit of distance in a given direction.
     The proposed definition was derived from the understanding that
     the pressure exerted by a column of water above a given datum
     changes as a function of the height of that column of water.  In


                                  18

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     an unconfined aquifer the hydraulic gradient is a change in
     water Level (and thus a change in pressure exerted by that
     water) per unit distance.

Comments Received

     Commenters stated that the use of the phrase "change in hydrau-

lic pressure" is incorrect.  They stated that a clearer, more widely

applicable definition would be "a change in hydraulic head per unit

of distance."  Their rationale was that the slope of the water table

in an unconfined aquifer defines the hydraulic gradient, yet there

is no pressure change along the water table in either the up-or down-

gradient direction.  It does represent a change in total head due to

change in water-table elevation.

Response to Comments and Rationale for Final Definition

     The Agency agrees that the proposed wording of the definition is

not the generally accepted or understood definition.  However, since

this term is no longer used in these final regulations, no definition

for this term is included.

6.  "Leachate Monitoring System"

     The term "leachate monitoring system" was defined to mean a
     system beneath a facility used to monitor water quality in
     the unsaturated zone (zone of aeration) as necessary to detect
     leaks from landfills and surface impoundments*   (For example, a
     pressure-vacuum lysimeter may be used to monitor water quality
     in the zone of aeration.)

Rationale for Proposed Definition

     This definition was intended to convey the basic goal of a

system that would detect leachate from a facility in the underlying

unsaturated zone.

                                  19

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Comments Received

     The major comment was that the definition precludes the use  of

leachate monitoring devices which do not rely on collection of

samples for quantitative anlay^is.

Response to Comments and Rationale for Final Definition

     The final regulations have deleted leachate monitoring as a

requirement; therefore, a definition for this term has not been

included in these regulations.

7.  "Monitoring Well"

    The term "monitoring well" was defined to mean a well used to
    obtain water samples for water quality analysis or to measure
    ground-water levels.

Comments Received:

     No comments were received on this definition.

Rationale for Final Definition

     The Agency has decided not to specify a formal definition for

this term and instead to rely on normal English usage of the term.

8.  "Unsaturated Zone"

     The "unsaturated zone" ("zone of aeration") was defined to mean
     the zone between the  land surface and the nearest saturated
     zone, in which the interstices are occupied partially by air.

Rationale and Support for Proposed Definition

     The proposed definition was taken from U.S. Geological Survey

Water-Supply Paper  1988, "Definitions of Selected Ground Water

Terms,"29 and modified considerably to accommodate the desired

environmental protection conveyed in the proposed regulations.  In
                                 20

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the proposed regulations leachate monitoring within the unsaturated

zone was required.  Because of this it was important that the unsat-

urated zone be clearly defined.

Comments Received

     Comments on  the proposed definition suggested that the defini-

tion should be changed to read "... the zone between the land surface

and the nearest saturated zone," thus deleting the phrase "... in

which the interstices are occupied partially by air."  No rationale

was submitted for this change.

Response to Comments and Rationale for Final Rule

     The proposed definition attempted to describe the nature of the

unsaturated zone by adding the phrase "in which the interstices are

occupied by air."  Reconsideration of the definition has revealed

that this clarification, describing the nature of the unsaturated

zone, is not necessary.  A definition which merely describes the

unsaturated zone  as that zone between the land surface and the water

table is adequate.

     The definition in the final regulations reads:
                  •
     "Unsaturated zone" or "zone of aeration" means the zone between
     the land surface and the water table.

9.  "Water Table"

     The term "water table" was defined to mean the upper surface of
     the zone of  saturation in ground waters in which the hydrostatic
     pressure is  equal to atmospheric pressure.
                                  21

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Rationale for Proposed Definition




     The proposed definition was a modified dictionary definition.




The modification incorporating the concept of "hydrostatic pres«".re"




was intended to better convey the meaning of a water table with




regard to the proposed regulations.




Comments Received




     One comment stated that as defined, "water table" refers to the




top of an aquifer.  This is often the case but it does not hold true




in the case of a confined aquifer.  Another comment suggested that




the definition be clarified with regard to hydraulic pressure, that




is, explain that pressure increases downward from the water table.




Response to Comments and Rationale for Final Definition




     The Agency agrees that the proposed definition was not as clear




as it could have been.  In the final regulations the term "water




table" has been deleted from the final regulations including the de-




finitions.  Where necessary, the Agency is relying on normal English



usage.




B.  Specific Monitoring Requirements




     Proposed §250.43-8 addressed both ground-water and leachate mo-n-



itoring, and was organized as follows:




     a.  Ground-water monitoring system




     b.  Leachate monitoring system




     c.  Sampling and analysis




     d.  Recordkeeping and reporting.
                                  22

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     As mentioned earlier, the Agency has deleted  leachate monitoring




at landfills and surface impoundments from the final rule.  In this




section, the comments received on this issue, and  the Agency's ratio-




nale for deleting the provision, are presented first.




     The final interim status rule for ground-water monitoring has




been restructured as follows:




     §265.90  Applicability




     §265.91  Ground-water monitoring system




     §265.92  Sampling and analysis




     §265.93  Preparation, evaluation and response




     §265.94  Recordkeeping and reporting.




The discussion of comments received on the proposed rule and the




Agency's rationale  for the final rule are discussed in that order.




1.  Leachate Monitoring System




Synopsis of Proposed Regulation




     The proposed regulations required that a leachate monitoring




system be installed beneath a facility and above the ground water




in the zone of aeration.  Drilling through the bottom or sides of a




facility to install the system was prohibited.  The purpose of the




monitoring system was to collect samples in the zone of aeration.




     The "Note" in  the proposed regulations waived this monitoring




system requirement  if the owner/operator could demonstrate that an
                                  23

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alternative leachate monitoring technique would detect leaks as ef-




fectively as the prescribed system.   The "Note" identified as accept-




able substitutes the Leachate Detection and Removal System described




in §250.45-2(b)(13)  for landfills  and the Leachate Detection System




described in §250.45-3(c)(3)  for surface impoundments.




     Sampling and analysis of the  quality of water obtained from the




leachate monitoring  system was required monthly for twelve (12)




months at existing facilities and  at least three (3)  months prior to




operation of new facilities to establish the background quality of




water in the zone of aeration.  The  proposed regulations  specified




both a comprehensive analysis list,  to be used for establishing back-




ground quality and annually thereafter, and a minimum analysis list




to be determined quarterly.




     "Notes" included in the  proposed regulations  waived  these re-




quirements if it could be demonstrated that an adequate volume of




water for analysis could not  be obtained from the  leachate monitoring




system.




Rationale for the Proposed Regulation




     While recognizing that leachate monitoring technology was still




being refined, the Agency included these requirements for leachate




monitoring, using available equipment, to provide  an "early warning




that ground-water contamination may occur."  The Agency contended




that a "leak must move through and cause extensive contamination of




the zone of aeration before it reaches and contaminates the ground







                                 24

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water," and that, therefore, ground-water monitoring alone was  insuf-

ficient to protect the environment.

Comments Received


     Many comments were received on the leachate monitoring require-

ments included in the proposed regulations.  Only a few of these

comments supported the proposed requirements.  These commenters sug-
                                                        i
gested leachate monitoring as a necessary complement to ground-water

monitoring.  One commenter, however, suggested that ground-water

monitoring only need be initiated if the leachate monitoring system

indicated contamination in the zone of aeration.  Other commenters

suggested deletion of the "Note" allowing variances to the require-

ment.

     The majority of comments received recommended deletion of the

leachate monitoring requirements and reliance upon ground-water mon-

itoring to detect contamination for a variety of reasons discussed

below.  A few commenters recommended that the leachate monitoring

requirement could be waived by the Regional Administrator depending

upon facility location and design.  While no rationale was offered,

some commenters suggested waiving these requirements except at sur-

face impoundments or except at facilities using synthetic liners.

     Waiving the leachate monitoring requirement at existing facili-

ties was the most frequently suggested comment.  Commenters suggested

that leachate monitoring technology was poor, at best, and nearly

impossible at existing facilities especially since drilling through
                                  25

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the bottom or sides of the facility liner was prohibited.  Most  cotn-




metiters agreed that the liner should not be penetrated, although a




few commenters stated that this was unnecessarily restrictive and




that drilling through a liner could be accomplished without creating




a pathway for contaminants to enter the ground water.




     Three possible techniques for installing a leachate monitoring




system at existing facilities were identified and critiqued by com-




menters.  The first involved digging a trench around the facility to




a depth greater than that of the wasta and then drilling or jacking




monitoring probes beneath the facility.  Commenters stated that




equipment for drilling and jacking is scarce and expensive.  Further-




more such equipment is limited to about a 200 foot maximum penetra-




tion which means that no facility greater than 400 feet in diameter




could be so equipped.  One commenter included a cost analysis to




retro-fit a 200 foot square surface impoundment, which showed that




the cost of trenching and drilling would be about the same as the




cost of facility replacement.  Another installation technique iden-




tified was angle drilling for monitoring probe placement but was




described as possible only at very small shallow facilities.




     The final technique identified by coramenters involved removal




of the waste and installation of a leachate collection and removal




system.  Commenters explained that this technique would also equal




or exceed the cost of facility replacement.
                                  26

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     The availability of leachate monitoring  technology  and  equipment

was challenged by commenters.  The only  two monitoring techniques

identified by commenters were  lysimeters  (pressure/vacuum) for sam-

pling followed by analysis, and electrical conductivity measurements.

Electrical techniques were alleged to be  capable of detecting the

presence of contaminated water but not quality.  As with lysimeters,

electrical techniques increase in effectiveness with  increasing mois-

ture.  Regarding use of lysimeters, one  commenter summarized the con-

cerns raised by other commenters by describing the experience at a

new New Jersey facility equipped with lysimeters in the aeration zone

as follows:

     -  lysimeters were subject to blinding (plugging) and did not
        respond well to backflushing

     -  lysimeters were susceptible to damage, during and following
        instal lation

     -  there was no way to know whether lysimeters were working or
        not (i.e., no moisture present or plugged—result is the
        same)

        it was impossible  to repair or replace defective lysimeters.

Other problems with lysimeters identified by  commenters  included:

        lysimeters are sampled through small  diameter tubes extending
        from the lysimeter to  the sampling point at the waste bound-
        ary which could result in insufficient sample volume due to
        loss of sample on  the  walls of the tube (one commenter sug-
        gested a 20 foot limit)

        lysimeters only sample the immediate  surrounding soil volume
        necessitating a very large number of  lysimeters  for complete
        coverage beneath a large facility, with no guidance  included
        in the proposed regulations
                                  27

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     Commenters suggested that the only effective means of leachate

monitoring would be the use of a double liner equipped with a collec-

tion and removal system between the liners.   They further asserted,

however, that this is not zone of aeration monitoring and that this

is impractical for existing facilities since this cannot be accom-

plished without removal of all the waste.

     Some commenters rejected the entire concept of leachate moni-

toring because:

        where natural in-place soils  are used as a facility liner
        there may be no zone of aeration above the water table

        a saturated clay liner may be more effective in minimizing
        leachate migration than an unsaturated soil

        any samples obtained from a saturated liner may contain
        leachate contaminants but this would not necessarily indi-
        cate impending ground-water contamination

        even where a zone of aeration exists it may be very difficult
        to decide where to place a leachate monitoring system if
        seasonal fluctuations of the ground-water table are large

        detection of leachate in the zone of aeration may not sig-
        nificantly precede detection in the ground-water monitoring
        system.

     Finally some commenters rejected the "Note" allowing reduced

monitoring and analysis if an insufficient volume of sample were ob-

tainable from the leachate monitoring system since a full leachate

monitoring system would have to be installed to demonstrate that it

was unnecessary.

Agency Response/Rationale for Chosen Action

     As a result of these comments, the Agency undertook a reevalua-

tion of available information on leachate monitoring technology.

                                  28

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Information available to EPA on the subject of aeration zone monitor-




ing is very limited.  Both the EPA ground-water monitoring manual*8




and recent Office of Research and Development studies?3 discuss




various devices and techniques for obtaining water (leachate) samples




from the aeration zone beneath waste disposal facilities.  In all re-




ported applications of aeration zone monitoring for the presence of




leachate in soil pore water, the investigations have been research-




oriented.  In general, these investigations have attempted an assess-




ment of the impact  of leachate on water present in the aeration zone




beneath landfills.  EPA is unaware of any applications of aeration




zone monitoring to  determine the integrity of containment design




waste disposal facilities.




     Regarding reliance upon aeration zone monitoring for detection




of the failure of containment design waste disposal facilities,  EPA




is forced to rely upon a common-sense evaluation of the available




technology in the absence of research or "real world" experience.




     The most commonly, utilized aeration zone monitoring device has




been the suction (i.e., pressure-vacuum) lysimeter.1$  These de-




vices are porous, usually ceramic, cylinders emplaced in the soil.




By alternating application of vacuum and pressure, soil pore water is




drawn into the lysimeter from the soil immediately surrounding the




lysimeter.  The volume of soil contributing pore water is dependent




upon the characteristics of the soil and the vacuum applied.  In gen-




eral, the contributing soil volume is small as is the lysimeter.18






                                  29

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In order, therefore,  to sample (monitor) an entire horizon beneath




a waste management facility,  the spacing of emplaced lysimeters must




be small.  At large facilities,  the number of needed lysimeters could




be several hundred if all possible leaks are to be detected.  Even if




such large numbers of lysimeters were to be installed beneath a land-




fill or surface impoundment,  the logistics of monitoring these de-




vices would be onerous because of the large number of plastic tubes




(two connected to each lysimeter) required for sampling.  Other dis-




advantages of lysimeters include their reported tendency to deteri-




orate and/or plug over time.73  Research applications of these




devices have seldom exceeded  two years.   Once "fouled," these devices




are irreplaceable beneath a landfill or  surface impoundment.




     Deletion of the leachate monitoring requirements for landfills




and surface impoundments from the final  regulations  reflects the sug-




gestions of commenters.  EPA  considers the ground-water monitoring




provisions discussed below as the only suitable technique enabling




detection of leachate contamination of ground water  as  the leachate




migrates from the boundary of waste management.




     In the case of land treatment facilities, however, the Agency




has realized the feasibility  and appropriateness of  aeration zone




monitoring.  While aeration zone monitoring was not  included in the




proposed regulations, these final regulations include this require-




ment.  Both soil core analyses and lysimeter sample  analyses are




requirements now contained in Subpart M of these regulations.
                                  30

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     While the Agency is aware  that  some  of  the  same  problems with




lysimeter monitoring beneath  landfills and surface  impoundments would




be encountered beneath a land treatment  facility, most  of  these prob-




lems could be dealt with.




     Two major differences exist when comparing  the feasibility of




lysimeter monitoring beneath  a  land  treatment  facility  versus a land-




fill or surface impoundment.  At a land  treatment facility there is




continued access to emplaced  lysimeters  for  repair or replacement,




and moisture  in the zone of aeration is  expected, at  least for a




short period  of time following  waste application or rainfall.  Such




monitoring beneath a land treatment  facility is  not for the purpose




of detecting  discrete leaks,  but rather  is to  measure the progress of




applied waste through the soil.  The monitoring  objective is facility




effectiveness; a spacing of installed monitoring devices which pro-




vides representative indications of  the movement of waste constitu-




ents through  the facility can readily be  achieved at  land treatment




facilities.



     A more complete discussion of zone  of aeration monitoring at




land treatment facilities is  included in the background document for




Subpart M.




2.  Applicability




Synopsis of Proposed Regulation




     The proposed regulations,  §250.43-8, required the  owner/operator




of a landfill or surface impoundment to  install, maintain, and oper-




ate a ground-water monitoring system (GWMS)  and  a leachate monitoring



                                  31

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system (LMS) and to comply with specified sampling and analysis and


recordkeeping and reporting requirements.

     The proposed regulations also included a "Note" in §250.43-8(a)


with a provision to allow for no or a lesser degree of ground-water


monitoring if the owner/operator demonstrated that the geologic and


hydrologic conditions underlying the facility indicated no potential


for discharge to ground water.


     The requirements for interim status in the proposed regulations


stated that both leachate and ground-water monitoring must be con-


ducted, where a facility has a ground water and/or leachate monitoring


system in place.  Therefore, only those provisions under sampling and

analysis, and recordkeeping and reporting (250.43-8(c)  and (d)) of


the proposed regulations were required for facilities under interim


status.

Rationale for the Proposed Regulation


     The objective of the proposed leachate and ground-water moni-


toring requirements was to detect any discharge of contaminants from


hazardous waste management facilities as early as possible.  The LMS
                                                •

was intended to intercept leachate in the unsaturated zone.  The GWMS


was required so as to detect contaminant migration from the facility

into ground water.


     The proposed "Note" was intended to provide the owner/operator


an opportunity to demonstrate that lesser or no ground-water
                                 32

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monitoring was appropriate  at  his  facility  based  on geologic  and




hydrologic conditions.




Comments Received/Rationale  for  Chosen Action




     Ground-water and  leachate monitoring.   One commenter  felt  that




requiring the  installation  of  both an LMS and  a GWMS where "no  prob-




lems have been detected" was too cautious and  too  expensive.  The




commenter recommended  choosing one monitoring  system or  the other on




a case-by-case basis depending on  site geology, drainage,  weather and




related site-specific  factors.




     The Agency  does not agree that the  proposed requirement  for




an LMS and a GWMS at landfills and surface  impoundments  was either




too cautious or  too expensive.   The initial  objective of subsurface-




facility monitoring was  to  detect  ground-water contamination  as early




as possible.  Therefore, an  LMS  was a proposed requirement for  land-




fills and surface impoundments.  The LMS requirement was deleted for




landfills and  surface  impoundments for technical reasons only,  as ex-




plained in the discussion on leachate monitoring.   However, as  fully




described in that discussion,  leachate monitoring  is both  technically




feasible as well as useful  at  landfarms  (now called land treatment




facilities) and  is required  in the final regulations for those  facil-




ities.



     The Agency  believes that  a  GWMS alone  is  sufficient at landfills




and surface impoundments to  detect ground-water contamination,  since
                                  33

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downgradient monitoring wells are required to be located and in-




stalled where they will be able to detect contaminant discharges as




early as possible, as described in the discussion of well location.




     In contrast with landfills and surface impoundments, no ground-




water monitoring was proposed for land treatment facilities.  How-




ever, comments on the desirability of ground-water monitoring at land




treatment facilities were requested in the preamble of the proposed




regulations for land treatment facilities, especially to seek reac-




tion to requiring only soil monitoring as the measure of environmen-




tal performance.  The .Agency, in its rationale for proposing only




soil monitoring at land treatment facilities, suggested that soil




monitoring would detect waste constituents long before ground-water




monitoring.  The Agency was not, and still is not, aware of any




documented case of ground-water contamination resulting from hazard-




ous waste land treatment.




     Commenters presented opinions both for and against requiring




soil monitoring and/or ground-water monitoring at land treatment fa-




cilities.  Commenters favoring inclusion of ground-water monitoring




suggested that soil monitoring was limited by its low reliability of




detecting highly mobile contaminants and should not be relied upon




alone to provide protection to ground water.  Others favoring inclu-




sion of ground-water monitoring questioned the Agency's interpreta-




tion of when contaminants in the soil constitute a threat to the




environment.  This criticism was based on the proposed requirement
                                  34

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     Commenters who opposed ground-water monitoring at land treatment

facilities pointed to a lack of data on adverse ground-water impacts

and also felt that the proposed siting and surface controls would

offer added protection of ground water.

     The Agency believes that the human health and environmental

risks stemming from undetected ground-water contamination justify the

requirement of ground-water monitoring at land treatment facilities.

     These final regulations for ground-water monitoring at hazardous

waste facilities under interim status are not applicable until one

year after the effective date of these regulations.  One year has

been provided since the proper installation of a GWMS requires a

significant investment in time and money with careful planning by

experts (e.g., trained hydrogeologists) to determine appropriate well

locations, depths, etc.  The anticipated demand for and possible

shortage of qualified hydrogeologists to perform such work was also

considered by the Agency in providing this time.

     The final interim status rule states:

§265.90  (a)  Within one year after the effective date of these
              regulations, the owner or operator of a surface im-
              poundment, landfill, or land treatment facility which
              is used to manage hazardous waste must implement a
              ground-water monitoring program capable of determining
              the facility's impact on the quality of ground water
              in the uppermost aquifer underlying the facility,
              except as §265.1 and paragraph (c) of this Section
              provide otherwise.

     Demonstration of acceptability of a lesser degree of (or no)

ground-water monitoring.  Several commenters favored less stringent
                                  36

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or other conditions than those of the proposed "Note"  for demonstrat-




ing that a lesser degree of (or no)  ground-water monitoring would be




acceptable.  Factors which commenters believed should  be evaluated in




such a demonstration include:   geologic  and hydrologic conditions of




the facility area, status of the underlying ground water,  nature of




the waste, expense of monitoring, facility design, and the state-of-




the-art of ground-water monitoring technology.




     Commenters felt that lesser or  no monitoring should be accept-




able if there was "no reasonable potential" or a "low  potential" for




contamination of ground water (e.g., in  dry areas with deep pressur-




ized aquifers).




     In considering such comments, the Agency agrees that  the provi-




sion in the "Note" of the proposed regulations which based acceptance




of no or a lesser degree of ground-water monitoring on "no potential




for discharge to ground water" is inappropriate and has revised this




requirement.  Instead, in the revision,  if the owner/operator can




demonstrate that hydrogeologic conditions underlying the facility and




other conditions indicate a low potential for migration of hazardous




waste or hazardous waste constituents from the facility via the up-




permost aquifer to water supply wells or to surface water, a lesser




degree of ground-water monitoring may be utilized (i.e., reduced




requirements from those specified in this Subpart). This revision




results from the basic technical problem that an owner/operator may




be unable to demonstrate conclusively that no potential for discharge
                                 37

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exists.  However, he may be able  to demonstrate  a  low potential for




ground-water pollution.




     The revised approach  is not  intended to weaken the objective




of these regulations.  The Agency recognizes, however, that certain




hydrogeologic, climatic and other factors reduce the threat of leach-




ate being generated or ground water being impacted.  In these situa-




tions reduced monitoring may be warranted.  Examples of such cases




may be found in parts of southwestern United States where the water




table is very deep and geologic materials in the unsaturated zone are




of low hydraulic conductivity.  However, in most other parts of the




United States, a facility  will be expected to monitor ground-water as




described in this Subpart.




     The demonstration that a lesser degree of monitoring is warran-




ted, now, must be certified by a qualified geologist or geotechnical




engineer.  This is to provide an  assurance that  the complicated




issues involved in predicting the migration of constituents in ground




water will be addressed by experts in the field.  The factors which




must be addressed in evaluating whether a lesser degree of ground-




water monitoring is warranted are described below.  Each factor is




discussed with regard to its relevance in making such an evaluation.




There is no attempt in this section to develop a scheme for measuring




the potential for ground-water pollution or for contamination of




water supply wells.
                                  38

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     Geologic and hydrologic conditions of the facility area.  A




thorough hydrogeologic investigation of the characteristics of both




the saturated zone and the unsaturated zone is required.  The proper-




ties of both these zones influence the rate contaminants will mi-




grate and the degree to which contaminants will be attenuated in the




subsurface.  Hydrogeologic factors must be considered through evalua-




tions of logs of test borings made by a geologist present during




drilling.  Any other appropriate evidence such as geophysical data




may also be used in the evaluation.  The Agency believes that a geol-




ogist should be .present during drilling since he is best qualified to




interpret the nature of the subsurface materials encountered in the




borings, especially since such materials often cannot be obtained in




such a manner (i.e., intact over the full core thickness) so as to




perform such observation at an off-site laboratory.  Such interpreta-




tion is an active field procedure, in which a geologist observes and




records pertinent information about the earth materials being re-




moved.  This information includes:  general description of the mate-




rial (e.g., clay, sand, silt, — relating to particle size); abrupt




changes in materials (interfaces); or gradations from one material to




another.  Several methods are available for evaluating and weighing




the potential for ground-water pollution based on the characteristics




of these zones.28,55  Also, review of these and other techniques,




their advantages and disadvantages, is given by Roy F. Weston,




Inc.71
                                  39

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     A water balance assessment should be made to establish if a




lesser degree of monitoring is warranted.  Measurements of precipita-




tion, evapotranspiration, runoff and infiltration enable one to es-




tablish how much water infiltrates the waste.  This in turn influ-




ences the amount of leachate that could be generated at the facility.




     The water balance, as developed in the soil and water conserva-




tion literature, is based upon the relationship among precipitation,




evapotranspiration, surface runoff, and soil moisture storage.  Pre-




cipitation represents  that amount of water added.  Evapotranspira-




tion, the combined evaporation from the plant and soil surfaces and




transpiration from plants, represents the transport of water from the




earth back to the atmosphere, the reverse of precipitation.  Su-face




runoff represents water which flows directly off the area of concern.




The  soil moisture storage capacity represents water which can be held




in the soil.19




     The 'location and  proximity of water supply wells and the type of




water use in the vicinity of the facility should be known.  Such




considerations are important if waste facilities are within the




sphere of influence of a pumping water supply well.  In this case,




once contaminants have entered ground water, the likelihood of them




reaching the water supply is very high.




     Status of the underlying ground water.  Commenters felt that




facilities overlying certain aquifers should be exempted from the




ground-water monitoring requirements if the underlying aquifer is
                                   40

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"not usable" and is in a "geologically isolated basin"; if the under-




lying aquifer has greater than 10,000 parts per million total dis-




solved solids or is not otherwise "safe for drinking or fresh-water




use"; if the underlying aquifer is "saline and non-useful"; if the




underlying aquifer is already "grossly contaminated" or used for




purposes other than drinking; if the ground water underlying the




facility area was not used for domestic or industrial purposes;  or if




the underlying ground water was "perched"  water with low quality and




quantity.




     In responding to comments on ground-water quality underlying a




facility, the Agency believes it would not be in the interest of




human health and environmental protection  to provide a "blanket" ex-




emption for a facility overlying an aquifer which is not a drinking




water supply.  Such aquifers may be hydraulically connected with and




may serve as a path for contamination to migrate to a drinking water




supply at some distance from the facility.  Furthermore, an aquifer




which is not usable because it is too contaminated may discharge




contaminants to surface waters or to water supply wells (not only




drinking-water wells), thereby limiting the use of these waters  for




human purposes, as well as harming aquatic life or wildlife.  In




order to prevent such adverse impacts, the final regulation requires




that the full monitoring requirements of this Subpart be implemented




at landfills, surface impoundments and land treatment facilities,




unless the owner/operator can demonstrate  to the Regional
                                  41

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Administrator that the  facility overlies  an uppermost aquifer in




which there is low potential  for migration of contaminants into a




drinking water supply,  to other water  supply wells, or to surface




water via that uppermost aquifer.  This provision will protect un-




derground sources of drinking water  from  indirect contamination via




an aquifer which is not a drinking water  supply and will also protect




water supply wells and  surface waters  from such harmful ground-water




discharges.




     Nature of the waste.  Commenters  also recommended that waste




characteristics (e.g.,  solubility and  other chemical or physical




characteristics) should be used as a basis for determining lesser




(or no) ground-water monitoring requirements.  A comment received on




"special wastes" stated that  there is  no  evidence that special waste




disposal practices harm ground water and  that any ground-water moni-




toring requirements for special waste  should not be made unless the




results of a current EPA study so indicate.




     The Agency believes that it is  not appropriate, at this time, to




base ground-water monitoring requirements on the chemical or physical




characteristics of hazardous waste due to a lack of knowledge on the




several factors which affect the mobilities of these contaminants in




the subsurface environment, including:  effects of density of differ-




ent contaminants in different subsurface  earth materials; sorption




capacities of subsurface earth materials; and chemical reactions of




different contaminants  with different  subsurface earth materials.
                                  42

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     Regarding ground-water monitoring requiranents (§250.46 of the

proposed regulations) for "special wastes," there is no longer such a

category in the final regulations for special wastes pursuant to Sec-

tion 3004 of RCRA and thus the comment on this matter is irrelevant.

     Expense of monitoring.  Other conmenters felt that the expense

of ground-water monitoring offered sufficient justification for les-

ser monitoring requirements.  Some stated that wells would be expen-

sive under certain conditions (e.g.,  where ground water is several

hundred feet deep).  Other ccmmenters felt that the monitoring re-

quirements would be too expensive for their particular hazardous

waste management operations.  As an alternative,  one commenter sug-

gested sampling of the "closest drinking water supply" in lieu of

installing a GWMS.

     The Agency believes that expense of ground-water monitoring

should not be a factor for determining the acceptability of a lesser

degree of (or no)  monitoring.  Reducing monitoring requirements based

on expense would seriously jeopardize the goal of RCRA to protect
                                                            w
human health and the environment.  As discussed earlier, the owner

or operator is provided in the final  regulations  an opportunity to

demonstrate the acceptability of a lesser degree  of (or no) ground-

water monitoring based on various factors (e.g.,  depth to ground

water as a hydrogeologic factor and not an expense factor).  The

commenter's suggestion to use the closest drinking water supply
                                  43

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instead of on-site monitoring wells  is  not  appropriate  since  only




wells located at the limit  of the waste management  area could  detect




a contaminant discharge as  early as  possible,  thereby allowing  the




maximum time to determine the extent of any ground-water contamina-




tion and to implement corrective action if  appropriate.




     Facility design.  Facility design  was  suggested by some commen-




ters as a basis for a lesser degree  of  (or  no)  ground-water monitor-




ing, since properly designed facilities are frequently  built to




retain hazardous wastes.




     The Agency believes that for landfills, surface impoundments and




land treatment facilities,  facility  design  (i.e., design intent)




should not be a basis at this time in determining the acceptability




of  lesser monitoring requirements, since  it has yet to  be demon-




strated that any given design will positively  prevent contaminant




discharges.




     State-of-the-art of ground-water monitoring technology.  One




commenter felt that the ground-water monitoring requirements should




be  deferred pending further research and  completion of  a comprehen-




sive manual, since at present there  is  "limited knowledge and depen-




dability" for ground-water  monitoring.




     The Agency believes that ground-water  monitoring requirements




should not be deferred since adequate monitoring methodology for



detecting contaminant migration has  been  demonstrated.2""/»->3,54




Deferring these requirements would result in undetected contaminant
                                  44

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discharges,  and thus a failure to meet the mandate of Congress to

protect human health and the environment.   It  is  also important to

note that the Agency is continuously seeking  to  improve  monitoring

methodology and will be providing further  guidance on this  subject in

the future.

     Owners  or operators who perform a lesser  degree  of  (or no)

ground-water monitoring at their facilities during interim  status

must have available for submission,  at any time  the Regional Admin-

istrator so  requests,  a demonstration that there  is a low (or no)

potential for migration of hazardous waste constituents  to  a USDW,

to water supply wells,  or to surface water via the uppermost aquifer,

during the active facility life  and  post-closure  care period.

     The final rule for interim  status states:

§265.90  (b)  Except as paragraphs (c) and (d) of this Section
              provide  otherwise, the owner or  operator must install,
              operate,  and maintain  a ground-water monitoring system
              which meets the requirements of  §265.91, and  must com-
              ply with §§265.92-265.94.  This  ground-water  monitoring
              program must be carried out  during  the  active life of
              the facility,  and  for  disposal  facilities,  during the
              post-closure care  period as  well.

         (c)  All or part of the ground-water  monitoring requirements
              of this  Subpart may be waived if the owner or operator
              can demonstrate that there is a  low potential for mi-
              gration of hazardous waste or hazardous waste consti-
              tuents from the facility via the uppermost aquifer to
              water supply wells (domestic, industrial,  or  agricul-
              tural) or to surface water.  This demonstration must
              be in writing, and must be kept  at the  facility.  This
              demonstration must be  certified  by a qualified geolo-
              gist or geotechnical engineer and  must  establish the
              following:
                                 45

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                (1)  The potential for migration of hazardous waste
                     or hazardous waste constituents from the
                     facility to the uppermost aquifer, by an
                     evaluation of:

                       (i)  A water balance of precipitation,
                            evapotranspiration, runoff, and
                            infiltration; and

                      (ii)  Unsaturated zone characteristics (i.e.,
                            geologic materials, physical properties,
                            and depth to ground water); and

                (2)  The potential for hazardous waste or hazardous
                     waste constituents which enter the uppermost
                     aquifer to migrate to a water supply well or
                     surface water, by an evaluation of:

                       (i)  Saturated zone characteristics (i.e.,
                            geologic materials, physical properties,
                            and rate of ground-water flow);  and

                      (ii)  The proximity of the facility to water
                            supply wells or surface water.

     Additional issues concerning applicability.  One  ccmmenter sug-

gested that the ground-water monitoring requirements should serve

only as a "guide" for reviewing agencies.

     The Agency disagrees with the recommendation of this commenter,

since Congress mandated EPA to publish regulations to  ensure safe

hazardous waste management, not "guides" for reviewing agencies.

     A commenter suggested additional monitoring requirements for

"extraordinary" geologic or topographic conditions (e.g., Karst

areas).

     The Agency feels that it is not necessary to specify in the

final regulations such additional monitoring requirements since such
                                 46

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potential action is implicit in the final wording.  Since these




regulations specify minimum monitoring requirements, additional




monitoring, e.g., more wells,  may be required as deemed appropriate.




     One commenter claimed that the "Note" of the proposed regulation




stipulating conditions for a lesser degree of (or no)  monitoring




provided a loophole tt> escape  regulation since conditions in ground




water can change after permit  issuance.




     The Agency recognizes that ground-water quality may change over




time.  Conditions which must be demonstrated by the owner or operator




to justify the acceptability of a lesser degree of (or no) monitoring




are rigorous and consider not  only hydrogeologic factors but




proximity to water supply wells and use of water as well.  How-




ever, acceptance of lesser monitoring by the Regional  Administrator




may be redetermined if information indicates that the  basis for




demonstration is no longer valid.  In addition, the "imminent hazard"




provisions of Section 7003 of  RCRA may be employed in such situations




should a serious contamination threat arise.




     An additional provision was included in these final interim




status regulations which allows for an alternate ground-water moni-




toring system (other than the  one described in §§265.91 and 265.92)




to be installed if an owner or operator assumes (or knows) that




ground water has been contaminated.  This provision enables the owner




or operator to bypass the monitoring of indicator parameters and




proceed with a more rigorous ground-water monitoring program which




would be more specific in its sampling of ground-water quality.



                                 47

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     As stated in the regulation,  the  owner  or  operator who  elects  to

utilize the alternate ground-water monitoring system will  operate

under a slightly different monitoring  schedule.  No later  than one

year after the effective  date  of  these regulations, the owner or

operator will be required to  initiate  a ground-water quality assess-

ment plan and this more detailed  plan  (i.e., more  detailed than the

indicator parameter  sampling)  will continue  on  a quarterly basis. The

rationale is that these more  extensive assessments on a quarterly

basis allow for a more  in-depth knowledge  of the rate, direction and

concentration of subsurface contamination.

     The final rule  for interim status states:

§265.90(d)  If an owner or  operator  assumes  (or knows) that
            ground-water  monitoring  of indicator parameters i-n
            accordance with §§265.91 and 265.92 would show
            statistically significant  increases (or decreases in the
            case of  pH) when  evaluated under §265.93(b), he may
            install,  operate,  and maintain an alternate ground-water
            monitoring system (other than  the one  described in
            §§265.91  and  265.92). If  the  owner or operator decides
            to use an alternate ground-water monitoring system he
            must:

            (1)  Within one year  after the effective date  of these
                 regulations,  submit to the  Regional Administrator a
                 specific plan, certified  by a  qualified geologist or
                 geotechnical  engineer, which satisfies the
                 requirements  of  §265.93(d)(3), for an alternate
                 ground-water monitoring system;

            (2)  Not  later  than one  year after  the effective date of
                 these regulations,  initiate the determinations
                 specified  in §265.93(d)(4);

            (3)  Prepare  and  submit  a  written report in accordance
                 with §265.93(d)(5);
                                 48

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            (4)  Continue to make the determinations  specified  in
                 §265.93(d)(4) on a quarterly basis until  final
                 closure of the facility; and

            (5)  Comply with the recordkeeping and reporting
                 requirements in §265.94(b).

3.  Ground-Water Monitoring System

Synopsis of Proposed Regulation

     The proposed regulations required the owner/operator  of a  land-

fill or surface impoundment to install,  maintain and  operate a

ground-water monitoring system (GWMS).  This system was to consist  of

a minimum of four monitoring wells with at least one well  located

hydraulically upgradient from the active portion of the facility  to

obtain representative background samples.  A minimum  of three wells

was required to be installed hydraulically downgradient of the active

portion of the facility.  At least one of the downgradient wells was

to be located immediately adjacent to the active portion of the

facility,  while the others were to be located within the facility

property,  to provide the greatest opportunity for interception of any

leachate migrating from the facility into ground water.  Downgradient

wells were to be drilled to different depths to detect any leachate

migration into ground water beneath the  facility.  Each well was  to

be constructed to draw samples from those depths where the facility

owner/operator could demonstrate that contamination was most likely

to occur.   In addition, a "Note" contained a provision to  allow wells

to be drilled to a single depth if the owner/operator could demon-
                                 49

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strate that this was  the  depth  at which  contamination was most likely



to occur.




     All monitoring wells were  required  to  be  cased, and the annular




space backfilled with an  impermeable material  to prevent surface




water from entering the well bore and  inter-aquifer water exchange.




This section of the ground-water monitoring requirements (i.e., well




number, location and  construction) were  not proposed for facilities




under interim status  since only those  facilities with monitoring




systems in place were required  to comply.  However, since these




requirements have been incorporated into these final rules, this




section of the proposed regulations is discussed.




Rationale for the Proposed Regulation




     The objective of the proposed GWMS was to detect any ground-




water contamination caused by leachate migrating from a facility.




Wells would be strategically located relative  to ground-water flow




direction and would be sampled at regular intervals to detect changes




in concentrations of chemical constituents in  the ground water.




3a.  Number of Monitoring Wells




Synopsis of Proposed Regulation




     The proposed regulation required a GWMS consisting of a minimum




of four monitoring wells, with at least one well upgradient of  the




active portion of the facility and at least three wells downgradient




of the active portion.
                                 50

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Rationale for the Proposed Regulation




     The number of monitoring wells required was site-specific with




large sites, or sites in complex hydrogeologic settings requiring a




greater number than a small site or a hydrogeologically simple site.




If the geologic setting of the facility area was not complex, and the




ground-water flow direction was accurately defined,  the minimum re-




quirement of four wells was considered to be adequate.




     The proposed four-well minimum requirement was  determined




through review of available literature and through discussions with




knowledgeable organizations in ground-water monitoring.




     Fenn et al., recommended a minimum monitoring system consisting




of:  one upgradient well to sample background ground water,  unaffec-




ted by the waste management activity; a line of three downgradient




wells between the waste management activity and facility property




boundary and perpendicular to ground-water flow; and another down-




gradient well located immediately adjacent to the waste management



activity.18




     The system recommended by Mooij et al., called  for wells both on




and off the facility property as follows:  the wells within the




facility property would include one upgradient and two downgradient




of the waste management activity (with one downgradient well at the




facility property boundary and the other downgradient well between




the property boundary and the waste management activity); the "off-




site" wells, one upgradient and one downgradient, would be the
                                  51

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nearest water supply wells  (not  necessarily hydraulically  connected



to the wells within the  facility property).36




     The Texas Water Quality  Board  (TWQB),  in  its  1976  guidelines,




recommended one upgradient  well  and two  downgradient  wells  (all




within the facility property), with one  downgradient  well  closer  to




the waste management activity than  the other downgradient  well.59




In discussions with the  TWQB, EPA learned  that the  TWQB has  issued a




draft of new guidelines  which would recommend  a minimum GWMS of four



we11s.58





     After reviewing information on various  GWMSs,  the  Agency felt




that four wells would  be satisfactory  for  a  minimum GWMS.  All wells




would be located within  the facility property  boundary  to ensure




early detection of any contaminant  migration.   One  upgradient well




was considered by the  Agency  to  be  necessary to monitor uncontamin-




ated ground water as did those persons recommending other GWMSs.




Although other systems recommended  two,  three,  or  four  downgradient




wells, the Agency felt that three would  be  an  adequate  minimum for




the simplest monitoring  situations.




Comments Received/Rationale for  Chosen Action




     Commenters addressed the adequacy of  the  four-well minimum moni-




toring requirement, with some favoring more  or fewer  wells, while




others agreed with the proposed  requirement.   Commenters offered var-




ious rationales for determining  an  adequate  number  of monitoring




wells including:  size of the facility area  to  be monitored; geology
                                   52

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and hydrology of the facility area;  use of pre-monitoring information




on the facility area;  configuration  of the waste management area;




number of waste management components in a facility; and waste char-




acteristics.



     In regard to the size of the area to be monitored, some commen-




ters felt that the four-well minimum requirement was not adequate to




monitor large areas or was not functionally adequate with respect to




area (e.g., the number of wells  should be in proportion to acres to




be monitored, such as one well per five acres).   Commenters also




recommended spacing requirements for downgradient wells (e.g.,  one




well every 500 feet with variances due to site geology).




     The Agency agrees with commenters in believing that the size of




the facility area to be monitored is an important factor in determin-




ing the number of monitoring wells necessary to  adequately monitor




ground water at a facility.  The proposed requirement did consider




concerns over this factor, since the requirement called for a minimum




of four wells.  This minimum requirement is retained in the final




regulations.  The Agency believes this to be a flexible approach.




Furthermore, the Regional Administrator may accept fewer than four




wells if the owner/operator can demonstrate that there is a low (or




no) potential for ground-water contamination as  explained in the




discussion on applicability.  The Agency does not agree with comments




concerning the determination of monitoring well number based on a




strict well to acre proportion or with specified equal spacings
                                 53

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between downgradient wells.   Such  formulae  do  not  provide  the




flexibility to accommodate site-specific  factors and may result in a




failure to detect a contaminant discharge through  inappropriate well




location and number (e.g., a  facility with  multiple waste management




components may have distances between these components greater than




500 feet; or in a small site  with  complex hydrogeology, a prescribed




well per acre ratio may result  in  too few wells).




     Some commenters felt that  the number of monitoring wells should




be determined by site-specific  geologic  and hydrologic conditions,




such as ground-water flow direction, permeabilities of subsurface




materials, depth to ground water,  and amount of precipitation.  One




commenter felt that only one  downgradient well was initially adequate




to detect leachate migration  in dry areas with deep ground water,




maintaining that additional downgradiant wells could be required if




contamination appeared in the initial downgradient well.  Another




contended that only one downgradient well would be needed in areas




having natural clay liners, allowing the Regional Administrator dis-




cretion in requiring more wells.   Still another commenter believed




that an "absolute requirement"  for four wells was  arbitrary since the




purpose of the GWMS is to monitor  each dominant flow direction and




this could be done by more or fewer than  four wells.




     The Agency agrees with commenters who  believe that site-specific




hydrogeology is an important  factor in determining an adequate number
                                  54

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of monitoring wells.   Concerning comments that one downgradient well




would be sufficient for dry areas  with deep ground water or in sites




with natural clay liners,  the final  regulations  provide the owner/




operator with the opportunity to demonstrate to  the Regional Admin-




istrator that a lesser degree of monitoring would be acceptable.




     The Agency is aware of no hydrogeological justification or pro-




tocol, either from public comments or any other information sources,




which adequately refutes the four-well minimum requirement.   This




minimum has been determined by the Agency to be  the least number of




wells needed to detect a contaminant discharge under the simplest of




conditions.  The Agency, in maintaining the four-well minimum re-




quirement in these final regulations, still believes that at least




one well upgradient of the waste management area is needed to ensure




detection of a contaminant discharge.  The final regulations require




that the downgradient wells be located at the limit of the waste




management area.  One downgradient well located  at the limit of the




waste management area may be sufficient to detect a contaminant dis-




charge which is in line with ground-water flow toward that well.




However, a discharge  may occur to  either side of this well and such




contamination may go  undetected.  Therefore, the final regulations




require at least two  more wells at the limit of  the waste management




area, installed such  that they are on opposite sides of the first




well.  The Agency anticipates that many facilities, because of hydro-




geologic and/or other factors such as large area, will be required to







                                 55

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install more than three downgradient wells  to  ensure contaminant de-




tection.  Based on this approach, the Agency disagrees with commen-




ters stating that the  four-well minimum requirement is arbitrary.  In




addition, the requirement is highly dependent  on ground-water flow




direction, as further  explained in the discussion on well  location.




     A commenter felt  that  "pre-monitoring" information on a facility




should also be a factor in  determining the  number of wells.




     The Agency agrees with this commenter  that any valid  data about




the facility area should be used by the owner/operator in  developing




a GWMS.




     Commenters believed that  the number  of waste management compon-




ents within a facility and  the configuration of the disposal area are




factors which should be considered in determining the number of moni-




toring wells.  Some stressed that a common  set of monitoring wells




should be allowed for  a facility with multiple waste management com-




ponents, while one commenter stated that  the four-well minimum re-




quirement could be inadequate  at such a facility.




     The four-well minimum  requirement of these final regulations ap-




plies to facilities regardless of the number of waste management com-




ponents in the facility or  the configuration of the waste management




area.  In the case of  a facility with multiple waste management com-




ponents, the monitoring-we11 system must  ensure detection  of a dis-




charge from any component.  Thus, in some cases more than  four wells




may be required.
                                  56

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     Commenters stated that waste characteristics, such as "degree of




hazardousness," should be considered in determining the number of




monitoring wells.



     The Agency sees no valid reason for requiring well number to be




a function of waste characteristics, nor did ccmmenters provide a




rationale.  Waste characteristics that would be relevant to a "degree




of hazard" scheme are not relevant to the number of wells in the




GWMS, where the key concern is the system's capacity to detect dis-




charges into ground water.




     One commenter suggested replacing the four-well minimum require-




ment with a requirement for a "suitable number" of wells.




     As previously stated, the Agency feels that the minimum require-




ment provided in the final regulations provides the flexibility




needed to meet the concern of this commenter.




     Another commenter expressed concern that the proposed require-




ment that at least one of the downgradient wells be located imme-




diately adjacent to the active portion of the facility could result




in the installation of additional wells since the active portion of




a landfill constantly moves.  The commenter also suggested deleting




reference to "active face."




     In the proposed regulation it was not the Agency1s intention




to require monitoring wells at the edge of the active portions of a




landfill, with periodic relocation of these wells once the boundary




of the waste had been extended.  It was assumed in the proposed







                                  57

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regulations, and still  is  in  these  final  interim  status  regulations,




that the wells would be located at  the waste boundary which will



exist upon completion of the  facility.




3.b.  Monitoring Well Location




Synoposis of Proposed Regulation                     ^




     The ground-water monitoring  system in  the  proposed  regulations




required a minimum of four wells  to  assure  detection of  any contam-




inants entering ground  water  from the facility.   The location of at




least one well was required to be hydraulically upgradient from the




active portion of the facility so as to yield samples representative




of  the background quality of  the  ground water which flows under the




facility*  A minimum of three wells  were  required to be  located




hydraulically downgradient of the active  portion  of the  facility.




The placement of the downgradient wells was further specified in the




regulation.  One of these  three wells was required to be located




immediately adjacent to the active  portion  of the facility and the




other wells were to be  located within the property boundary of the




facility to provide the opportunity  for interception of  any leachate




that migrated into ground water underlying  the  facility.




Rationale for the Proposed Regulation



     At least one well was required  to be located hydraulically up-




gradient of the active  portion of the facility  so as to  obtain back-




ground ground-water samples,  i.e.,  unaffected by  facility activities,




A minimum of three wells was  required to  be located hydraulically
                                  58

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downgradient of the active portion of the facility.  One of the




downgradient wells was required to be immediately adjacent to the




site in order to detect the leachate entering the ground water.  The




other downgradient wells were required to be located within the pro-




perty boundary of the facility in order to detect the leachate plume




as soon as possible.  The rationale was that once leachate enters the




ground water, it is difficult to control; the sooner its presence is




noted, the easier it will be to initate remedial action.




Comments Received and Agency Response




     The comments as to the exact placement  of the monitoring points




were varied.  The most frequent comment received concerned the allow-




ance of a flexible approach to ground-water  monitoring.   The majority




of comments addessed the location of downgradient monitoring wells




only.  Placement of the upgradient wells was not a major issue.  With




regard to well placement specifically, the major comment was that




monitoring wells should not be located at the edge of the waste.  One




rationale was that it was unnecessary because leachate monitoring was




also required in the proposed rule.  The major contention was that




the leachate monitoring system will detect failures in the contain-




ment system prior to contaminants reaching the ground water at the




active edge of the waste, thus precluding the need for a monitoring




well at the active edge of the waste.




     A major problem with this approach is that if leachate monitor-




ing failed to detect contamination migrating from the facility, the







                                 59

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absence of monitoring wells would  allow contamination  to flow unde-




tected in ground water.  The possibility  of this occurring is dis-




cussed in the leachate monitoring  section where  the  inadequacy of




leachate monitoring technology is  established.   Further since leach-




ate requirements have been  deleted from the final  regulations, this




comment is no longer valid.




     A second rationale  for not  locating  monitoring wells at the edge




of the waste was that such  wells may  promote  leachate movement to




ground water, since leachate movement in  active  portions is lateral,




not vertical.  The suggestion was  to  locate the  monitoring point at




some meaningful distance between the  active portion  and the site




boundary.




     The major reason  for this commenter's suggestion  is the asser-




tion that leachate movement in the active portions is  lateral, not




vertical.  These regulations require  that the monitoring wells be




properly constructed so  as  to prevent surface water or water in the




unsaturated zone from migrating  down  the  annular space of the moni-




toring well.  Such prevention can  be  accomplished  by backfilling the




space between the casing and the bore hole with material of very low




permeability.  Because of this,  and the fact  that  the wells will be




located at some reasonable  distance from  the  boundary of the waste




management area, to allow installation, the likelihood of monitoring




wells located at the edge of the waste boundary  being  conduits for




contaminant migration  to the ground water is  very  unlikely.  However,
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these construction techniques should not be interpreted as being




suitable for installing monitoring wells through the facility.  Such




practices,  if applied to existing facilities,  increase the possibil-




ity of contaminants entering the aquifer during drilling operations.




Technologies for new facilities do not resolve the problem of leach-




ate head buildup around wells installed through the facility.  Such




head buildup increases the likelihood of contaminants migrating




through the annular space and into ground water.  This head build




up should not be a factor for wells located at the edge of the waste




management area.




     Commenters suggested that the proposed wording on well locations




be deleted and replaced with general wording which requires wells to




be. located so as to yield samples representative of the background




quality of the ground waters which flow under  the facility and to




detect any leachate which has migrated into ground waters underlying




the facility property.  The commenter's rationale for the change is




that it provides more flexibility.  The recommended approach for well




location should be goal-oriented, allowing the owner/operator to pro-




vide monitoring data and to use his own discretion in choosing well




location.  A similar comment recommended adding the statement that




"monitoring systems shall be designed and constructed to draw repre-




sentative samples from the zones in the ground-water system which




are representative of those zones most susceptible to endangerment,




and to detect contamination as soon as possible."  The commenters
                                 61

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contended that to use  the  proposed  requirement  could  result  in




ineffective ground-water monitoring.




     These comments  encourage more  owner/operator  discretion in




placement of the monitoring wells.  In  implementing the goal of




detecting contaminants  as  soon  as possible  after entering ground




water, there is little  alternative  but  to place the monitoring well




at the boundary of the  waste management  area.  Placing monitoring




wells through the facility is discouraged because  this increases the




likelihood of contaminants entering ground  water via migration down




the annular space between  the well  casing and the  borehole.   Any




approach  that would  allow  for the possible  location of the wells to




be some distance  from  the  waste management  area (as could happen when




left up to owner/opera tor  discretion) would not allow for earliest




possible  detection of  contamination.




Rationale for Chosen Action




     The  required location of the upgradient well  is unchanged




from the  proposed rule. The required location of  the downgradient




monitoring wells  has been  changed in the final regulations.   Since




leachate monitoring  of  the unsaturated  zone at landfills and surface




impoundments has  been  deleted from  the  final regulations because of




technical problems with such systems, the most protective alternative




is to monitor at  the boundary of the waste  management area.




     This alternative  is preferred  over monitoring ground water




directly  beneath  the facility.  Such monitoring would, in most cases,







                                 62

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require the installation of monitoring wells through the waste and




into the underlying ground water.  This practice is discouraged by




the Agency since the installation of such a system in existing fa-




cilities is likely to provide a direct conduit for migration of con-




taminants to the ground water.  The nature of pollutant mobility and




ground-water flow is such that a facility which causes groundwater




contamination consistently beneath the facility will eventually cause




the ground water at the downgradient waste management area boundary




to be contaminated.




     Placing monitoring wells at the edge of the waste management




area as opposed to some distance away (e.g., at the property




boundary) allows for early detection and possible remedy of the




problem.




     For these reasons, in the final regulations ground-water moni-




toring wells must be located at the downgradient edge of the waste




management area.  They must be located and completed such that they




will detect any contamination migrating from beneath the waste man-




agement area.




     In the case of land treatment facilities, however, the Agency




believes that leachate monitoring (i.e. , soil pore water monitoring)




is both desirable and technically feasible, even at existing facil-




ities.  Such monitoring can provide valuable information on the




effectiveness of the land treatment processes occurring in the soil




in retaining leachate constituents in the unsaturated zone material.






                                 63

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Leachate monitoring  at  these  facilities can also indicate  if  leachate




is migrating toward  the  saturated zone (i.e.,  toward  ground-water).




This type of monitoring  at  land treatment facilities  would be




accomplished through the emplacement  of lysimeters  in the  unsaturated




zone directly beneath such  facilities.  Unlike placement of monitor-




ing wells, drilling  and  installation  of lysimeters  would not pene-




trate into the  ground water,  thus alleviating  the concern  that  a




continuous boring  from  the  land surface down to ground water could




act as a conduit  for contamination.   The Agency also  believes it is




appropriate and requires monitoring wells at the perimeter of land




treatment areas,  in  the same  manner  as for landfills  and surface




impoundments, to  determine  whether ground water is  being impacted by




land treatment  activities.




3.c.  Well Depth




Synopsis of Proposed Regulation




     The proposed  regulations required that the upgradient well(s) be




installed so as to yield samples representative of  background quality




of ground water which flows under the facility.  The  downgradient




wells were to be  sunk to different depths to detect any leachate mi-




grating from the  facility into ground water, with each well being




constructed to  draw  samples from depths where  the facility owner or




operator could  demonstrate  that contamination  is most likely to




occur.
                                   64

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     Furthermore, the proposed regulations contained a "Note" allow-




ing wells to be sunk to a single depth if the owner or operator could




demonstrate Chat this was the depth at which contamination was most




likely to occur.




Rationale for the Proposed Regulation




     The proposed regulations required the upgradient well(s) to be




installed to obtain samples representative of ground water poten-




tially affected by a discharge from a facility.  The requirement that




the downgradient wells be sunk to different depths where contamina-




tion is most likely to occur was based on the physical behavior




(e.g., density) of contaminants as related to sampling of different




vertical levels within an aquifer.  For example, oily leachate would




float on top of ground water.  If the physical behavior of a contami-




nant is not fully known, it is difficult to anticipate the depth at




which a contaminant will flow within an aquifer.  Therefore, the pro-




posed requirement specified that the downgradient wells be installed




at different depths.




     The "Note" gave the owner or operator an opportunity to install




wells at a single depth if he could demonstrate that contaminants




migrating from a facility would assume a specific depth within an




aquifer.  Such an exception would require detailed knowledge by the




owner/operator of the aquifer and waste behavior within the aquifer.
                                   65

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Comments Received and Agency  Response




     A commenter recommended  that  maximum depths  for  drilling  into




bedrock and the minimum  depth for  drilling into ground  water be



specified.




     The Agency believes that it is  not appropriate or  feasible  in




the requirement to  specify  well  depths  to ensure  contaminant detec-




tion.  Determining  appropriate well  depths is  a site-specific  process




and depends on various factors (e.g., depth to ground water and  con-




taminant behavior in  the aquifer).   The Agency will offer, in  the




future, guidance on monitoring well  depths.




     Concerning the single-depth provision of  the "Note," one  commen-




ter felt that such  a  provision was a regulatory loophole.  The Agency




believes that the proposed  provision did not constitute  a regulatory




loophole since the  owner or operator was required to  demonstrate that




contamination was most likely to occur  at that depth.   However,  the




single-depth provision has  been  deleted in the final  regulations




since  the  final wording  relates  well depth to  the performance  goals




of the wells.



     Commenters did not  specifically address upgradient  wells  with




respect to depth.   However, the  Agency  has revised the  proposed  word-




ing to more clearly express that depth  and surface location must both




be considered in accomplishing the objective of the upgradient well.




     Commenters addressed various  aspects of downgradient wells  with




respect to depth.   One felt the  requirement that  downgradient  wells
                                   66

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be "sunk to different depths" should be changed to "drilled to appro-
priate depths" to reflect common terminology.  The Agency agrees con-
ceptually and has rewritten the proposed requirement to more clearly
emphasize that depths of downgradient wells should be related to
their performance objective, that is, to ensure detection of contam-
inant migration from a facility.
     Also, a commenter felt that it is not always necessary to moni-
tor at three different depths when the facility overlies a sole
source aquifer if one downgradient well is located immediately
adjacent to the active portion of the facility and is designed to
detect leachate in the shallowest aquifer.  Furthermore, the com-
menter claimed that the single-depth provision of the proposed "Note"
supported his position.
     The Agency believes that downgradient wells, whether in a sole
source or other aquifer, may be installed at the same or different
depths, depending on site-specific conditions.  However, the Agency
disagrees with the commenter1s rationale that only one downgradient
well is sufficient to detect contamination, for reasons stated in the
discussion on well number.  Furthermore, the single-depth provision
of the proposed "Note" did not imply that one downgradient well at
the depth where contamination was most likely to occur would be suf-
ficient to ensure contaminant detection.
     Finally, a commenter felt that for downgradient wells, determin-
ation of the "subsurface elevation" at which contamination is most
likely to occur should be made by state or local authorities and the
                                  67

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operator to prevent abuse  by the operator.   The Agency maintains  that

the responsibility to  determine well depths  lies with  the  facility

owner/operator.

Rationale for Chosen Action

     The Agency has revised the proposed wording on depth  of monitor-

ing wells in order to  reflect more common technical terminology and

to clarify the relationship between well depth and  performance objec-

tives.

     Therefore, the final  interim status rule for monitoring well

number, location  and depth states:

§265.91(a)  A ground-water monitoring system must be capable of
            yielding ground-water samples for analysis and must
            consist of:

            (1)   Monitoring wells (at least  one) installed hydrau-
                  lically upgradient (i.e.,  in the direction of
                  increasing static head) from the limit of the waste
                  management area.  Their number, locations, and
                  depths  must be sufficient  to yield ground-water
                  samples that are:

                  (i)    Representative of background ground-water
                        quality in the uppermost aquifer near the
                        facility; and

                  (ii)   Not affected by the  facility; and

            (2)   Monitoring wells (at least  three)  installed hydrau-
                  lically downgradient (i.e., in the direction of
                  decreasing static head) at  the limit  of the waste
                  management area.  Their number, locations, and
                  depths  must ensure that they immediately  detect  any
                  statistically significant  amounts  of  hazardous waste
                  or hazardous waste constituents that  migrate from
                  the waste management area  to the uppermost aquifer.
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       (b)  Separate monitoring systems for each waste management
            component of a facility are not required provided that
            provisions for sampling upgradient and downgradient water
            quality will detect any discharge from the waste
            management area.

            (1)  In the case of a facility consisting of only one
                 surface impoundment, landfill, or land treatment
                 area, the waste management area is described by the
                 waste boundary (perimeter).

            (2)  In the case of a facility consisting of more than
                 one surface impoundment,  landfill, or land treatment
                 area, the waste management area is described by an
                 imaginary boundary line which circumscribes the
                 several waste management  components.

3.d.  Buffer Zone for Ground-Water Protection

Synopsis of Proposed Regulation

     The proposed regulation required that the active portions of

hazardous waste facilities be located a minimum of 60 meters from the

property line of the facility, unless it could be demonstrated that

unexpected releases or discharges of hazardous wastes could be con-

trolled before they cross the facility property boundary.

Rationale for the Proposed Regulation

     The purpose of setting a minimum distance which the active por-

tion of a facility could be located from its  boundary line was to

provide a buffer zone between the public and the facility.  The

Agency believes that buffer zones reduce risks to public health and

the environment by allowing unexpected discharges resulting from

fires and explosions to dissipate, and for spills and underground

leaks to be contained or to dissipate before crossing the property
                                  69

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boundary.  In addition, buffer zones can be used for aesthetic  pur-

poses, such as noise  reduction or screening of facilities  in  order to

preserve natural  appearances.

     The section  of 60 meters  (200 feet)  from the facility's  boundary

line as the required  width of  the buffer zone was based  on the

following:

         The State of Oklahoma prohibits disposition of  industrial
         waste within 200  feet of the permit boundary, thus providing
         a precedent  of the proposed RCBA regulation.  Although other
         states have  narrower  width requirements for buffer zones
         (e.g., Wisconsin-20 feet; Pennsylvania-25 feet; and  New
         York-50  feet), these  regulations only pertain to  municipal
         solid waste. Since hazardous waste poses a greater  risk to
         public health and the environment than municipal  solid
         waste, Oklahoma's more stringent regulation for industrial
         waste was adopted.

A fixed distance  was  specified in order to facilitate enforcement and

to provide a tangible point of reference.

Comments Received and Agency Response

     Most commenters  responded to the 60 meter buffer zone as it

applied categorically to  all risks (i.e., fires, explosions,  under-

ground  leaks, etc.).  Only a few singled out ground water  when

commenting on the adequacy of  the 60 meter buffer zone.  Nearly all

of the  comments regarding  the  buffer zone requirement were against

the specification of  a discrete distance in the standard because of

the many factors  (type and size of the facility, nature  of waste

handled at the facility,  type  of land use surrounding the  facility,

operating and safety  procedures utilized at the facility,  hydrogeo-

logic conditions  beneath  the facility) which influence the size of

the buffer zone that  is needed at a facility.
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     The few commenters who discussed the adequacy of the 60 meter




buffer zone with regard to ground-water protection were all in favor




of increasing the distance.  Some commenters stated that facilities




should not be located in population centers because leachate from




chemical landfills may travel more than 200 feet in porous soil and




contaminate public or private wells.




     Other commenters stated that the standard should require a 300




foot buffer zone.  This suggestion was based on data derived from the




lateral subsurface migration of septic tank effluents.




     While EPA believes that buffer zones may be an important com-




ponent of a ground-water protection strategy, the Agency is not




prepared to establish specific buffer zone requirements for such a




purpose at this time.  This issue will be examined as part of the




Phase II regulations.  This issue raises several key technical ques-




tions (e.g., transport and fate of contaminants in the subsurface)




which need further analysis.




3.e. Well Casing and Backfilling




Synopsis of Proposed Regulation




     The proposed regulations required all monitoring wells to be




cased and the annular space backfilled with an impermeable material




to prevent surface water from entering the well bore and interaquifer




water exchange.  "Annular space" was defined to mean the space




between the bore hole and the casing.
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Rationale for the Proposed  Regulation


     The objective of  the proposed  requirement  for  casing and back-


filling of monitoring  wells was  to  ensure that  representative samples
                                                          i

of ground water were obtained from  the  appropriate  depths and that


the samples would not  be contaminated by surface water  infiltration


down the well bore or  by interaquifer exchange  of ground water.


Comments Received and  Agency Response


     A commenter  felt  that  "casing" should be clarified to  refer to a


well pipe  to withdraw  samples rather than an open hole. Furthermore,


this commenter  believed that monitoring-well casing,  as described in


the proposed requirement,  could be  confused with casing which is used


to prevent hole  cave-in during drilling.
                                                           •

     The Agency believes that it was clear in the proposed  require-


ment that  casing did not refer to an open hole, but to  well pipe


installed  to  the appropriate depth  to obtain ground-water samples.


Also, the  Agency feels that it was  clear in the proposal that casing


referred  to monitoring-well casing  and not to casing used to maintain


the structure  of the bore hole during drilling.  Monitoring-well


casing  does,  of course, assure the  integrity of the well so that


monitoring in  the future may continue.  The final requirement makes


clear  this purpose.


     A  commenter stated that monitoring-well construction as de-


scribed in the proposed requirements would probably not provide rep-


resentative  samples,  if any.  The commenter further stated  that well
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installation should include gravel pack and perforated casing at




levels to be sampled.




     In response to the concerns of this commenter, the Agency has




clarified the wording of the proposed regulation to ensure that rep-




resentative ground-water samples will be obtained from appropriate




aquifer flow zones.  A requirement that well casing be screened or




perforated where necessary is included in the final regulation since




not all well casings would require such a procedure.  For example, a




casing with an open hole at the bottom may be sufficient in certain




types of aquifers, such as fracture and solution channels, provided




that the well was properly developed.  In addition, gravel or sand




packing must be installed where necessary around the area of screened




or perforated casing in those situations where clogging by aquifer




materials would occur.   The Agency believes this to be technology




which is common knowledge in well-drilling procedures.




     Another commenter  stated that the Agency should recognize that




certain wells drilled in bedrock formations should only be cased and




cemented into the top of the bedrock and that the remaining bore hole




is typically left uncased.




     Although the Agency recognizes that ground-water samples may be




obtained with only partial casing in certain bedrock formations, the




final regulation requires casing to be installed throughout to enable




sample collection at depths where appropriate aquifer flow zones




exist, even in bedrock formations.  This ensures that casing will
                                  73

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extend to the desired sampling  depth  that  will  ensure detection of

contaminant migration from  a  facility,  and enable  cementing of the

annular space between the casing  and  bore  hole.

     Comments received  also questioned  the use  of  the word

"impermeable" in regard to  the  backfilling material  requirement of

the proposed regulations, suggesting  that  no  backfill material is

truly impermeable.  Also, use of  the  term  "highly  impermeable" was

suggested as a remedy by one  commenter.

     The Agency agrees  with commenters  that the literal meaning of

the word "impermeable"  is not accurate  for backfill  materials.  Such

materials must, however, have very low  permeabilities.  Therefore,

the Agency has modified the requirement  such  that  the final wording

emphasizes the intended performance goal of preventing contamination

of samples and the  ground water by backfilling  the annular space with

a suitable material.

Rationale for Chosen Action

     The final regulations  for  well casing and  backfilling have been

rewritten to clarify any misunderstanding  created  by the proposed
                                                           «
regulations.  Terminology commonly used by well drillers, such as

"screened" and "sealed," has  been incorporated.  Emphasis of the goal

has been clarified.

     The final interim  status rule states:

§26/.91(c)  All monitoring  wells  must be cased  in  a  manner that
            maintains the integrity of  the monitoring well bore hole.
            This casing must  be screened or perforated, and packed
            with gravel or  sand where necessary, to  enable sample


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            collection at depths where appropriate aquifer flow zones
            exist.  The annular space (i.e., the space between the
            bore hole and well casing) above the sampling depth must
            be sealed with a suitable material (e.g., cement grout or
            bentonite slurry) to prevent contamination of samples and
            the ground water.

4.  Sampling and Analysis

Synopsis of Proposed Regulation

     The proposed regulations required periodic sampling and analysis

for both a comprehensive and a routine list of characteristics and

constituents following establishment of background ground-water qual-

ity.  For an existing facility background quality was to be estab-

lished by monthly sampling and analysis for a period of one year.  A

comprehensive analysis list was used to establish initial background

water quality, and to monitor any changes in background quality

annually.  A shorter routine list of analyses was to be performed

semiannually if the ground-water flow rate was between 25 and 50

meters/year (82 and 164 ft/year) or quarterly if the ground-water

flow rate was greater than 50 meters/year (164 ft/year).

     The comprehensive analysis list included at least 39 ground-

water quality characteristics including:   the EPA Primary and

Secondary Drinking Water Regulations'  constituents and character-

istics (except radioactivity); beryllium, nickel, cyanide, phenolic

compounds and organic constituents as determined by gas chromato-

graphy scanning; and the characteristics  of the minimum or routine

analysis list.  This routine analysis list included specific conduc-

tivity, chloride, total dissolved solids  (TDS), dissolved organic


                                   75

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carbon, and the principal  hazardous constituents  disposed  in  the




facility.  A "Note" in  the proposed regulations allowed  deletion from




the comprehensive analysis list those characteristics  that would not




result from hazardous waste managed at the  facility, once background




levels had been established.




Rationale for the Proposed Regulation




     The intent of  the  ground-water monitoring program as an  integral




component of a hazardous waste management  facility  was to serve as a




backup system in  the  event of failure of the facility  to adequately




contain the wastes.   Both  the frequency and types of analyses speci-




fied would provide  failure so that remedial action  could be taken to




eliminate or reduce environmental contamination.




     The analyses made  of  samples taken from the  monitoring system




should be sufficiently  sensitive to determine statistically signifi-




cant changes in ground-water quality resulting from leakage from a




hazardous waste management facility.  In addition,  the selected




analyses should be  sensitive to the levels  of contamination associ-




ated with land disposal and should be capable of  detection in a




reliable manner which minimizes the time required for  sampling and




analysis.



     Because the  proposed  facility standards prohibited  "endanger-




ment"  (causing the  ground  water to require  increased treatment), the




monitoring requirement  included many contaminants for  which treatment




is required when  their  concentrations exceed Agency-specified levels.
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Thirty-one of the listed characteristics came from the EPA drinking



water regulations (40 CFR 141 and 143).  The Agency realized that the




list was not inclusive of all contaminants for which treatment would




be required.  A variable frequency of monitoring was included in the




proposal in recognition of differing rates of ground-water flow in




different areas.  More frequent monitoring was required in high




ground-water flow rate areas to better assure early detection of




contamination.




Comments Received and Agency Response




     Sampling Frequency.  Only a few comments were received regarding




the specified frequencies of routine monitoring after establishing




background water quality.  Most agreed that monitoring frequency




should be related to ground—water flow rates but also urged Agency




flexibility.  The Agency now, for facilities in interim status, re-




quires at least semi-annual ground-water sampling for certain  "indi-




cator" parameters and at least annual sampling for other specified




water quality parameters, as described later.  The Agency believes




that these frequencies will provide adequate data to evaluate any




significant changes in ground-water quality over time.




     Background Water Quality.  Every commenter who addressed the




issue of obtaining 12 samples at monthly intervals to determine back-




ground water quality felt that this requirement should be relaxed.




The Agency agrees that in many cases this frequency is unnecessary,




but it also feels that obtaining representative background data at a
                                  77

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reasonably frequent  interval  during the first year is  critical  to  the




success of the overall monitoring program.   Thus,  the  Agency  is re-




vising the proposed  regulation to require quarterly samples during




the first year and feels  that this interval is sufficient  to  obtain




statistically valid  data,  incorporating seasonal and other unpredict-




able variations.




     Representative  background water quality data is essential  to  the




success of the ground-water monitoring program.   The list  of  back-




ground water quality parameters must provide a reasonably  broad base




for comparing current water quality in the  event of a  need to perform




a further assessment of  facility impact on ground water; yet, it




cannot be so extensive that it is neither reasonable nor cost




effective.  It is  in the best interest of the owner or operator to




accurately assess  background  water quality because overstating  it




would unnecessarily  trigger the need for a much  more extensive




ground-water quality assessment, while understating background




quality would unduly delay the triggering of a ground-water quality




assessment which,  in turn, could be more costly  to clean up.




     Sampling and  Analysis Protocol.  Two commenters recommended that




specific protocols should be  included for ground-water sampling,




sample preservation  and  methods of analysis.  The Agency had  intended




in the proposed  regulation that the guidelines for these methods and




others would be  provided by guidance documents rather  than formaliz-




ing them into the  regulatory  framework.  This would give the  owner or
                                   78

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operator the latitude of choosing a particular method from several




generally accepted or equivalent methods.  In deference to these




comments, however, the final regulations have been revised to include




reference to the Agency's suggested publications:  "Methods for




Chemical Analysis of Water and Wastes," EPA-600/4-79-020, March i979,




and "Procedures Manual for Ground-Water Monitoring at Solid Waste




Disposal Facilities," EPA-530/SW-611, August 1977, for sample collec-




tion, sample preservation and shipment, analytical procedures, and




chain of custody control.  This specification provides guidance while




at the same time allowing the originally intended latitude in those




cases where several methods may be acceptable.  The final interim




status regulation now requires the facility owner or operator to




develop and follow a ground-water sampling and analysis plan which




must include procedures and techniques for sample collection, sample




preservation and shipment, analytical procedures, and chain of




custody control.  This plan must be kept at the facility so it will




be available for inspection by the Regional Administrator or facility




inspector.




     List of Parameters.  The proposed parameters listed for analysis




received considerable attention during the comment period.  Several




alternatives were recommended, including suggested additions and




deletions to the list, tailoring the list to the facility wastes, and




using a variable list in which subsequent analyses are based on pre-




vious results.  Many commenters believed that there is no need to
                                  79

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analyze for substances which  are not supposed to  be  handled  at  the




facility.  One commenter  felt that the abbreviated  list  was  inade-




quate to detect  the migration of hazardous waste  and that  the annual




sampling and analysis  frequency was insufficient.  Another stated




that the comprehensive  list should be periodically  Lengthened to




include new constituents  from the waste manifest.  Many  commenters




objected to the  number  and expense of the proposed parameters on the




comprehensive analysis  list.   Commenters also pointed  out  that  the




large number of  comparisons required in the proposal would cause a




high probability of detecting significant differences  when no real




ground-water quality  change had occurred (false significance).  For




further details,  see  the  discussion of statistical methods in the




section on preparation,  evaluation and response.




     The Agency  believes  that the disadvantages of most  of the  sug-




gested alternative schemes outweigh their merit.  It was frequent-




ly suggested that the list of characteristics for comprehensive




analyses contain only those substances or characteristics  which were




the cause of the wastes  being labeled hazardous.  However, rather




than limiting the numbers of analyses to anticipated waste con-




stituents, the Agency has chosen to limit the analyses to  parameters




in Appendix III  reflecting the aquifer's suitability as  a  drinking




water supply (analyzed  quarterly for first year only); six parameters




which are commonly used  to characterize ground-water quality




(analyzed annually);  and  four indicator parameters used  to determine
                                    80

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if a facility is leaking (analyzed semi-annually).   While limiting




the routine analyses to the anticipated constituents may have merit




in a few cases, in general the Agency feels that this approach is not




prudent.  In specifying parameters which are indicators of the broad




range of anticipated constituents, the Agency believes that the need




to analyze for specific waste constituents may be  deferred until




facility leakage to the ground water has been detected. Since the




owner or operator will seldom if ever be advised of all the toxic




components of a particular waste and since it would not be feasible




to make this determination on a load-by-load basis, many of the toxic




substances not on the manifest would go undetected.  Even if all of




the toxic components were inventoried, many would  still go undetected




because of the likely possibility that many of the  waste components




could be chemically or biologically transformed into other toxic




substances.  A great many facilities may be used for a wide variety




of wastes.  The Agency takes the position that many owners or




operators will have no way of estimating what environmental or health




damage could result from discharge of leachate from the nonhazardous




portion of wastes.  A program to routinely determine the absence of




particular contaminants from each shipment of wastes would be




prohibitively expensive, yet faulty assumptions about waste content




or decomposition products could result in widespread undetected




contamination.  In the event that a ground-water quality assessment




is required, the owner or operator will need to determine the
                                  81

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presence of and concentration of hazardous waste and hazardous waste




constituents in the  ground water. The Agency believes  that  techniques




such as gas chromatography will be used to determine which  hazardous




waste constituents are  in the ground water.




     As previously discussed, the Agency proposed monitoring  regula-




tions designed to assure  detection of unacceptable performance under




a standard prohibiting  "endangerment."  Many commenters  suggested




that a list of 10 or fewer indicators be selected for  routine analy-




sis representing broad  classes of contaminants which may be present




in the waste and capable  of endangering ground water.  Others sug-




gested that the minimum list of analyses serve as a guide to make a




more comprehensive investigation when the levels established  in back-




ground analyses are  exceeded.  Two commenters suggested  ways  of




allowing the Regional Administrator to shorten the list  when  appro-




priate, either by  substituting a Regional Administrator-approved list




where equivalent protection could be demonstrated, and/or by  allowing




the Regional Administrator to delete specified parameters at  facili-




ties where there is  clearly no possibility of their occurrence, such




as certain on-site  facilities.  These concerns are largely  satisfied




in the final regulation,  where the objective of routine  monitoring is




now the detection  of leakage into ground water using indicator para-




meters, not the identification of specific harmful emitted  constitu-




ents.  Since monitoring does not have to result in a determination




regarding endangerment, the parameters listed for monitoring  no




longer need to be  associated with "increased treatment"  requirements.




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     With this monitoring objective in mind, primary consideration

was given to selecting those parameters which would most likely indi-

cate leachate movement at the widest variety of sites, be generally

accepted by the scientific community as those which would be most

representative of ground-water quality, and be readily quantifiable.

     Specific comments pertaining to the proposed comprehensive anal-

ysis list are noted below:

     •  Several commenters noted the redundancy of total dissolved
        solids, specific conductivity, chloride, and other charac-
        teristics.  The Agency agrees and has deleted redundancies
        from the final revised regulations.

     •  Dissolved organic carbon, BOD, COD, and other gross organic
        indicators were attacked by reviewers as being insufficiently
        sensitive to detect some highly toxic organics which are
        dangerous at very low levels.  The Agency agrees that these
        indicators should not be used specifically to detect such
        contaminants.  Their use will be restricted to indicate the
        presence of gross organic emissions as part of a set of
        indicators that discharge has occurred.  Low level toxics
        will be investigated only after determination that ground
        water has been contaminated (see discussion of ground-water
        quality assessment below).

     •  Several commenters suggested that there are procedural
        reasons that the list of contaminants contained in the
        National Secondary Drinking Water Regulations should not be
        used.  Whether the contaminants have regulatory status in
        another EPA program should not affect their use in these
        regulations.  The Agency feels that each characteristic
        should be evaluated on its individual merits, and points out
        that no arguments were presented during the comment period
        that any of the characteristics in that list would be in-
        appropriate for determining a facility discharge.  The
        argument that the secondary contaminant levels are not
        enforceable, or that they are suggestions which the states
        may revise or disregard, does not apply to a discussion of
        the lists of analyses.  The recommended numerical limit is
        immaterial for routine monitoring, under the final regula-
        tions.  The list of parameters should comprise useful
        characteristics which indicate whether or not the facility is


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in compliance with  regulations,  the list's  origin and  other
uses notwithstanding.

The Agency  agrees with  the  commenter who suggested that
ground-water quality standards should not be adopted from the
proposed or final editions  of the Water Quality  Criteria
published in accordance with Section 304(a)  of the C.W.A! (33
U.S.C. 131f(a))  without formally proposing  them  for applica-
tion in these regulations.

The Agency  agrees with  the  comment that the  phrase "principal
hazardous constituents" is  vague.  It has been deleted from
the monitoring  requirements in these regulations.

Upon obtaining  consecutive  analytical results showing  the
absence or  very low concentrations of a particular background
characteristic,  some commenters  recommended  deleting that
characteristic  from subsequent analyses for  background deter-
minations.  In  view of  the  importance of establishing  repre-
sentative background water  quality data on a continuing
basis, the  Agency takes the position that background values
will probably be variable and, therefore, it would be  inap-
propriate to delete a particular characteristic  based  on the
historical  absence  of it.   Determination of  background water
quality is  in the operator's best interest  in order to demon-
strate whenever water quality degradation has been caused by
other sources.   Therefore,  the Agency is requiring continued
determinations  even of  those characteristics which initially
were absent.

The comment was made that water  level should be  recorded with
each sample.  The Agency agrees  that the water table gradient
is indeed essential information  without which system integ-
rity cannot be  assured.  Sampling and analysis requirements
have been revised to require water level monitoring to detect
shifts in water  table gradient.

Gas chromatographic scans were roundly criticized  as being
too nonspecific  for regulatory purposes,  too expensive, too
easy to distort  the conclusions  for some waste types, and too
sophisticated and time  consuming.  No commenters  favored
regular use of  gas  chromatography.   The Agency agrees and
will not require the test on a routine basis.  However, when
a ground-water  quality  assessment is required or when an
owner or operator chooses to implement an alternative
monitoring  system rather than indicator monitoring, methods
such as gas chromatography/mass  spectrometry (GC/MS) would be
needed to successfully  identify  specific hazardous  wastes and
hazardous waste  constituents.

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Rationale for Chosen Action




     As a result of the many comments received on this topic the




Agency has thoroughly reevaluated various sampling and analysis




protocols for effective ground-water monitoring.  This reevalution




has convinced the Agency that various sampling and analysis require-




ments for several different objectives are appropriate.  These final




regulations include a threestage approach.  The first stage involves




establishment of initial background ground-water quality for those




parameters listed in Primary Drinking Water Regulations as well as




ten other useful ground-water quality parameters and indicators of




ground-water contamination.  Seasonal water table gradients will also




be determined.  From this stage the Agency, first, will be fully




aware of the initial suitability of the ground water as a drinking




water supply; second, will initiate a baseline for in-depth analyses




of suspected ground-water contamination if a ground-water quality




assessment is required; and third, will establish the baseline for




later comparison of routinely monitored indicator parameters.  For




upgradient wells, the mean and variance of each indicator parameter




concentration or value must be determined by pooling of all replicate




measurements for the respective parameters for all quarterly samples




obtained during the first year.  At least four replicate measurements




must be obtained for each indicator parameter concentration or value




to provide statistically valid data for future comparisons.  Pooling




will also account for seasonal fluctuations in the upgradient




ground-water quality.




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     The second  stage,  following establishment of initial  background




water quality, involves  routine water quality measurement,  discharge




detection, and water  table gradient monitoring.  Facilities not  im-




pacting ground water  will continue this stage throughout the monitor-




ing period.   If  the results of analyses in this stage indicate that




the facility  is  impacting ground water, the owner or  operator is re-




quired  to  implement a thorough ground-water quality assessment,  the




third stage.




     Procedures  for sampling and analysis.  The facility owner or




operator is required  to develop and follow a sampling and  analysis




plan which must  be kept at the facility.  Techniques  for sample




collection, preservation and shipment, and the laboratory  procedures




are influenced by the installed system, site-specific geology, and




available  laboratory  capabilities, to some extent.   A comment




accompanies  the  regulation which suggests use of the procedures




contained  in  two EPA  manuals, "Procedures Manual for Monitoring  at




Solid Waste Disposal  Facilities," EPA-530/SW-611, August 1977, and




"Methods for  Chemical Analysis of Water and Wastes,"  EPA-600/4-




79-020, March 1979.   Variations of these suggested procedures may




also be used.  Control over the chain-of-custody of the samples,




analyses and  data should be the responsibility of the owner or




operator to  assure EPA that only the owner or operator or  his agents




have custody.
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     The final interim status rule states:

§265.92 (a)  The- owner or operator must obtain and analyze samples
             from the installed ground-water monitoring system.  The
             owner or operator must develop and follow a ground-water
             sampling and analysis plan.  He must keep this plan at
             the facility.  The plan must include procedures and
             techniques for:

             (1)  Sample collection;
             (2)  Sample preservation and shipment;
             (3)  Analytical procedures; and
             (4)  Chain of custody control.

     [Comment:  See "Procedures Manual For Ground-water Monitoring At
     Solid Waste Disposal Facilities," EPA-530/SW-611, August 1977
     and "Methods for Chemical Analysis of Water and Wastes,"
     EPA-600/4-79-020, March 1979 for discussions of sampling and
     analysis procedures.]

     Selection of Parameters.  The Agency has decided that the most

effective method to determine the presence of contaminants in ground

water due to leachate from of a hazardous waste management facility

is to select a small number of reliable, readily quantifiable

indicators of organic and inorganic contamination to be used

routinely.  If such indicators are found to rise significantly over

established background levels, ground-water contamination may be

suspected, requiring more in-depth analysis and evaluation.  Use of a

small number of indicators will also minimize the number of false

positive determinations when the statistical test is applied to the

data.  For further details, see the discussion of statistical

methods.

     The Agency is requiring that gross indicators of both the organ-

ic and inorganic content of ground water be monitored at least

semiannually.  In choosing a small select group of reliable

                                  87

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indicators the Agency  is  reducing the number of analyses  that must be




performed on ground-water samples by the owner  or  operator  of a




facility, thus reducing his  burden while maintaining  assurance that




any ground-water quality  change  resulting from  a facility discharge



will be readily detected.




     The lists of parameters in  the final regulation  have been tail-




ored for three separate ground-water monitoring objectives:  charac-




terizing initial background  water quality in terms  of suitability as




a source of drinking water;  determining general trends  in localized




ground-water quality beneath the site;  and detecting  facility dis-




charges.  Initial suitability is expressed in terms of  the  concen-




trations of the contaminants listed for ground  water  in the National




Interim Primary Drinking  Water Regulations (Appendix  III).  These




twenty contaminants (a twenty-first contaminant, turbidity, is




applicable only to surface water supplies) have been  identified by




the Agency as substances  for which all  public water supply  systems in




the U.S. should be routinely analyzed.   Contaminant limits have been




established for these  substances based  upon their known effects on




man when consumed in drinking water.  Initial determination of their




levels in the ground water beneath the  site is  needed to  fully char-




acterize the suitability  of  the  aquifer as a source of drinking water




for human consumption.



     The second list of parameters contains six selected  substances




which are sensitive to a  wide variety of influences and ground-water

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changes.  The Agency believes that any ground-water quality change




due to other sources of contamination or to regional influences will




be reflected in the levels of these six parameters.  General trends




in regional ground-water quality, such as oxygen depletion, acidity




or alkalinity changes, and organic and ionic enrichment, will influ-




ence these parameters.  This water quality data will be collected




annually so that in the event contamination is detected by the




indicator parameters, comparative data will be available on which to




base a more extensive ground-water quality assessment.   Since there




is no a priori information available as to the type or  extent of




background data needed, the Agency has elected to require a set of




six parameters (sodium, sulfate, iron, manganese, chloride, and




phenols) which it feels is representative of the data that will be




needed in the event such an assessment becomes necessary.  In




selecting these parameters, primary consideration was given to those




water quality criteria that are routinely used in characterizing




drinking water and water for other purposes.^ 13,37,52,65  ^Q




Agency expects that if a ground-water quality assessment is ever




required, these six parameters will not, by themselves, be adequate




to establish a basis for an in-depth comparison but rather will form




a nucleus of a more extensive set of background data to be determined




if such a situation arises.  By virtue of their widespread use and




generally accepted value as water quality parameters the procedures




for analysis have been standardizedll and thoroughly tested.57







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     There is no provision  in the present regulations for dealing


with specific wastes on a case-by-case basis, and even if there were


so little is known in  regard  to the transport and ultimate fate in


the subsurface of the  types of compounds that will result from haz-


ardous waste, it would be of  little value in predicting precisely


which parameters should be monitored.   This being the case,  the


Agency must devise a monitoring protocol that will be responsive  to a


large, undefined set of chemical compounds at unspecified concentra-


tion levels which can  only be classed  in general terms as ionic,


non-ionic, organic, inorganic, or suspended in the ground water.  An


appropriate monitoring scheme must, therefore, measure and be  indica-


tive of those general  properties associated with leachate contamina-


tion.  Within these constraints and those set out by  Gage™  for


acceptable test procedures, the Agency has chosen pH,  specific


conductance, total organic  carbon (TOG), and total organic halogen


(TOX) to be used as indicators of leachate contamination  of  ground


water and will be determined  at least  semiannually.   Statistically


significant changes in these  parameters over established  background
                                                               »

levels will trigger the requirement for more detailed  analysis and


evaluation.

     Specific conductance,  pH and TOG  are widely used  by  both re-


searchers in the field and various regulatory agencies and are


considered to be among the most useful in detecting leachate con-

                                            11,62,64,68  Lik  the
tamination in a wide variety  of situations.
                                   90

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ground-water quality parameters discussed earlier, methods for these




three indicators have been standardized and thoroughly tested.57




Use of TOX as an indicator is gaining increasing acceptance as




demonstrated by its use by several universities and government




agencies.27  standardization of TOX procedures is being conducted




by a committee of the American Society of Testing and Materials




(ASTM) for inclusion in the Annual Book of ASTM Standards.16




Expanded use of the TOX procedure is expected as the accessibility to




users of existing instrumentation is increased.




     The Agency is aware of another method of determining organic




halogen content in water samples (i.e., gas chromatography/mass




spectrometry (GC/MS)).  GC/MS can yield an additive value for organic




halogen content of a sample through summing the concentrations of




individually identified organic halogens.  Compared to the TOX




analysis required in these regulations, the GC/MS procedure is more




complex to perform, is more expensive with respect to cost of the




instrumentation and is unable to readily serve the function of an




"indicator."




     The monitoring protocol of the final regulation effectively




reduces the number of analyses compared to that required in the




proposed regulation but at the same time maintains a high degree of




assurance that changes in ground-water quality due to leachate



contamination will readily be detected.
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     It has been recently pointed out that an acceptable  test  proce-




dure must possess many different qualities.20  Important  among




these are that  it must be generally accepted by the scientific com-




munity as indicative  of the particular characteristic  to  be measured;




must be thoroughly  tested and evaluated;  and it must give precise and




accurate results.   Other qualities include:   the capability of meas-




uring the parameter in the presence of interferences;  relative




simplicity, so  as  to  minimize time requirements; the availability of




necessary instrumentation on the open market at a reasonable cost;




the utilization of  standard laboratory methods; and finally that




there be sufficient analysts available having the necessary skills




and training  to carry out the test procedure.  These factors and




others formed the  basis for selecting both the water quality para-




meters and  the  contamination indicators contained in the  final reg-




ulations.




     Specific conductance and pH were chosen for monitoring the




inorganic constituents because they satisfy virtually  every require-




ment for being acceptable test procedures, and there are  no alterna-




tive inorganic indicators which can provide equivalent informational




value.  Aside from its importance as an absolute measure  of hydrogen




ion activity, pH  is valuable as an indicator to detect if a partic-




ular water  is being altered by other waters with a different pH.  pH




affects the solubility and mobility of many of the toxic  constituents




of wastes,  and it  determines the rate and outcome of many of the




chemical reactions  the pollutants will undergo.  Specific conductance




                                   92

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on the other hand is a numerical expression of the summation of con-




tributions from all ions present in a solution.  Since conductance is




an additive property, it is useful as an indicator parameter because




it can effectively determine all ions simultaneously.  It has




successfully been used to check for the presence or absence of




leachate in ground-water and also to detect fluctuations and trends



of the total ionic properties of groundwater.2»3,4,5,6,7,61,66




     While pH and specific conductance are somewhat redundant and




while a change in pH is generally accompanied by a change in specific




conductance, or vice versa, this is not always' the case.  At least




one EPA report shows unexplained changes in one without a correspond-




ing change in the other.




     TOG was chosen as an indicator parameter for organics because




of its widespread use, acceptability as an effective test pro-




cedure, and general applicability to all types of organic con-




tamination. 11»61»62,68  xt is one of the few parameters that will




provide a broad description of the organic content of water and is




gradually replacing chemical oxygen demand (COD)  for this purpose,




especially in ground-water analysis.  TOG provides a more direct




expression of organic content than COD, is more sensitive, and is a




less difficult procedure.




     TOX was selected to measure only those organic compounds con-




taining halogens.  It has been used successfully in recent years and




its use is expanding in this country, Canada, and
                                  93

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Europe.17,21,25,26,32,45,46,71  Degpite

use of TOX, the Agency  feels  that in view of the relatively  large
amount of hazardous  waste which may contain halogenated  hydrocarbons
and the higher degree of toxicity usually associated with  these com-
pounds, it  should  be included as an indicator.   The TOG  test  alone
will not reliably  detect the  minor TOG fluctuations due  to signifi-
cant levels of halogenated hydrocarbons,  and the TOX test  alone will
not provide the broad range of organic coverage necessary.
     Gas chromatography (GC)  was originally part of the  comprehensive
analysis list in the proposed regulations.  Its use in the final reg-
ulation was seriously considered in spite of the several serious dis-
advantages  which were  identified by commenters.  Neither GCM  or GC/MS
is readily  adaptable as an indicator.  Several  commenters  correctly
noted that  GC would  probably be too confusing to be used as an in-
dicator parameter.  On  the other hand, GC/MS would enjoy the  distinct
advantage of providing  a unique means of  identifying the individual
components  of a complex mixture of many different organic  compounds.
In spite of this unique advantage and its substantially  higher sen-
sitivity, GC/MS was  rejected for routine  analyses because  it  fails to
meet many other requirements  for being an acceptable test  procedure.
It requires extremely expensive instrumentation that is  difficult to
operate and not readily available. Including sample preparation,
GC/MS requires  substantial amounts of time to carry out, and  there
are relatively  few analysts capable of running  the equipment  or
interpreting the results.
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     The final interim status rule states:

§265.92(b)   The owner or operator must determine the concentration or
            value of the following parameters in ground-water samples
            in accordance with paragraphs (c) and (d) of this
            Section:

              (1)  Parameters characterizing the suitability of the
                   ground water as a drinking water supply, as
                   specified in AppendixIII.

              (2)  Parameters establishing ground-water quality:

                     (i)  Chloride
                    (ii)  Iron
                   (iii)  Manganese
                    (iv)  Phenols
                    (v)  Sodium
                    (vi)  Sulfate

         [Comment:   These parameters are to be used as a basis for
         comparison in the event a ground-water quality assessment is
         required under §265.93(d).]

              (3)  Parameters used as indicators of ground-water
                   contamination:

                     (i)  pH
                    (ii)  Specific Conductance
                   (iii)  Total Organic Carbon
                    (iv)  Total Organic Halogen

     Monitoring Frequency.  The Agency has selected a monitoring

schedule for routine monitoring which is both reasonable and protec-

tive.  Quarterly background sampling and analysis for the first year,

annual ground-water quality determinations and semiannual contamina-

tion-indicator samples are required at all wells.  The Agency

believes that the required schedule is environmentally safe, prudent

and readily achievable at all facilities.
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                                   APPENDIX III

                EPA INTERIM PRIMARY DRINKING WATER  STANDARDS65


Parameter                                                       Maximum Level

                                                                     (mg/1)


Arsenic	0.05
Barium	   1.0
Cadmium	0.01
Chromium  ........  	   0.05
Flouride	1.4-2.4
Lead	0.05
Mercury	0.002
Nitrate (as N)	10
Selenium  .	0.01
Silver	0.05
Endrin  	   0.0002
Lindane	0.004
Methoxychlor	0.1
Toxaphene	0.005
2, 4-D	0.1
2, 4, 5-TP Silvex	0.01


Radium	5 pCi/1
Gross Alpha	15 pCi/1
Gross Beta	4 millirem/yr
Turbidity	1/TU
Coliform Bacteria  	   1/1°° ml

     NOTE:

     Turbidity is  applicable only to surface water  supplies  (see  ref.  65).
                                          96

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     The final interim status rule states:

§265.92(c)  (1)  For all monitoring wells, the owner or operator must
                 establish initial background concentrations or
                 values of all parameters specified in paragraph (b)
                 of this Section.  He must do this quarterly for one
                 year*

            (2)  For each of the indicator parameters specified in
                 paragraph (b)(3) of this Section, at least four
                 replicate measurements must be obtained for each
                 sample and the initial background arithmetic mean
                 and variance must be determined by pooling the
                 replicate measurements for the respective parameter
                 concentrations or values in samples obtained from
                 upgradient wells during the first year.

       (d)  After the first year, all monitoring wells must be
            sampled and the samples analyzed with the following
            frequencies:

            (1)  Samples collected to establish ground-water quality
                 must be obtained and analyzed for the parameters
                 specified in paragraph (b)(2) of this Section at
                 least annually.

            (2)  Samples collected to indicate ground-water
                 contamination must be obtained and analyzed for the
                 parameters specified in paragraph (b)(3)  of this
                 Section at least semi-annually.

     Water Table Gradient.  The velocity and direction of  the flow of

ground water beneath a site are dependent upon both natural and man-

induced influences.  Nearby well extractions, surface water dis-

charges and recharges, flood control measures and other hydrogeologic

modifications, as well as natural and seasonal influences, can change

the direction and velocity such that a properly installed  monitoring

system becomes obsolete.  The final regulations require the owner or

operator to determine the water surface elevation in each  well

quarterly for the first year and semiannually thereafter.   These


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elevations will be used  as  an indication of water  table  gradient and,

when change is observed,  the well location requirements  must be

reevaluated, as described in preparation,  evaluation and response,

below.

     The  final interim status rule states:

§265.92 (e)  Elevation of the ground-water surface  at each monitoring
            well  must be determined each time a sample is obtained.

5.  Preparation,  Evaluation and Response

Synopsis  of Proposed Regulation

     As proposed, the regulations required the owner/operator, upon

observing statistically significant differences between  background

quality and subsequent ground-water quality analyses to:  notify the

Regional  Administrator of the observance;  determine  the  cause of the

observance; determine the extent of ground-water contamination; and

discontinue facility operations while awaiting instructions from the

Regional  Administrator.

Rationale for  the Proposed Regulation

     While selection of many of the ground-water quality parameters

was based on  the  proposed human health and environmental standard,

the emergency  response was keyed to the facility standards which

required  that  facilities be designed, constructed  and operated so

that discharges  are minimized or do not occur.  The  regulatory intent

was that  the  owner/operator and the Regional Administrator be in

communication,  so that there would be a common understanding of the
                                    98

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background water quality and the specific analytic results which con-




stituted a significant difference, and that upon notification, the




Regional Administrator would commence an immediate review of evidence




at the facility and determine with the operator any necessary




actions.  It was expected that the contingency plan established under




§250.43-3 would contain facility-specific sets of conditions upon




which appropriate response would be made contingent.  While these




plans would be examined during the permit application and review pro-




cess and cover the forseeable conditions of discharge or failure at




the facility, it is conceivable that the actually occurring situation




could differ from the anticipated.  It was review of these differ-




ences by the Regional Administrator that the owner or operator would




await after reporting the statistically significant difference pur-




suant to §250.43-8(c)(4).




Comments Received and Agency Response




     Commenters on the proposed emergency response procedures stated




that the automatic response of discontinuing operation immediately




after observing a statistically significant difference was seldom




likely to be warranted.  They also point out that the language was




not precise; it even required shutdown when upgradient wells were




affected.  It was made clear that the intended relationship between




the emergency response and the contingency plan was not adequately




developed in the proposed regulation.
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     Commenters recommended that the operator's response  to  analyti-




cal results be related  to  the magnitude and nature  of  the change in




ground-water quality.   Facility closure, it was indicated, should




automatically result only  from the most drastic indications  for




alarm.  Normal aberrations in data should be expected,  and the more




appropriate response would be accelerated sampling  and  analysis




schedules.  Closure of  the facility, even for a few days, could cause




severe hardship to haulers and generators as well as to facility




operators, often with  only undetectably small environmental  benefit.




The Agency agrees  that  automatic shutdown may be unwarranted in many




situations before  an actual determination of the extent of the




problem.




      Several commenters pointed out that the proposed  regulations




would require the  notification and shutdown procedures  upon  observing




a  statistically significant improvement in the quality  of the




background water.  This was not the Agency intent.




      Several commenters suggested that the regulations  establish a




time  limit for the Agency's response to notification.   As proposed,




the facility would be  shut until the Regional Administrator  deter-




mined what actions should  be taken.  They feared that,  with  confusing




data, indecisive officials could unduly procrastinate,  delaying both




a  positive remedy  and  the  resumption of operation.   The Agency agrees




that  delays and indecision are to be avoided following  observance of




a  water quality change.
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Rationale for Chosen Action

     The final regulations have been developed to facilitate a

sequential response to detected changes in ground-water quality.

Following detection of a statistically significant increase (or pH

decrease) over background in the concentration of one of the indi-

cator parameters at a downgradient monitoring well, this sequence

will be followed:

     1)  verification of laboratory results

     2)  notification of the Regional Administrator

     3)  submission of a ground water quality assessment plan

     4)  performance of a ground water quality assessment

     5)  preparation and submission of an assessment report to the
         Regional Administrator, and

     6)  Continuance of ground-water quality assessments on a
         quarterly basis until closure (if contamination first
         appears during post-closure, only a single assessment need
         be performed).

     The final regulations require the owner/operator to prepare an

outline of a ground water quality assessment program to determine the

extent and severity of suspected ground-water contamination.  This

outline is intended to serve as a basis for a comprehensive assess-

ment plan which is to be developed and submitted to the Regional

Administrator following detection of a significant increase in the

concentration of an indicator parameter in a downgradient well.

     The Agency recognizes that it is difficult to specify details of

a comprehensive ground-water quality assessment in advance of the
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event.  However, the Agency  believes that an outline of a program

should be available at a hazardous waste management facility to guide

more detailed plan development,  if ever required, without delay.

     The final interim status  rule states:

§26^.93(a)  Within one year  after the effective date of these
            regulations, the owner or operator must prepare an
            outline of a ground-water quality assessment program.
            The outline must describe a more comprehensive
            ground-water monitoring program (than that  described  in
            §§265.91 and 265.92)  capable of determining:

            (1)  Whether hazardous waste or hazardous waste
                 constituents  have entered  the ground water;

            (2)  The rate  and  extent of migration of hazardous  waste
                 or hazardous  waste constituents in the ground  water;
                 and

            (3)  The concentrations of hazardous waste  or hazardous
                 waste constituents in the  ground water.

     The final regulations specify the procedures for determining

when a statistically significant  increase (or pH decrease)  in the

concentration of the indicator parameters in ground-water samples has

occurred.  The arithmetic  mean and variance,  based on at least  four

replicate measurements for each parameter,  for samples  from each well

in the ground-water monitoring system are to be statistically com-

pared with the initial (historic) background water quality for these

parameters, using a Student's  t-test.   The  statistical  requirements
                             t
in this Subpart are discussed^the next section of this  document.  If

a significant difference is  detected,  one of two actions is trig-

gered.  If the significant difference  is  detected in an upgradient

monitoring well the owner/operator is  required to include a discus-

sion of this occurrence in his annual  report  submission to the

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Regional Administrator.  If, however, a significant difference is

detected in a downgradient well, the facility is immediately sus-

pected of contaminating ground water.

     If suspected, the owner/operator is required to obtain addition-

al samples for analysis from those downgradient wells showing a sta-

tistically significant increase (or pH decrease).  Each of the addi-

tional samples is to be split into two samples and submitted to the

lab for analysis.  This step is included in the regulations to reduce

the possibility of a laboratory error causing the significant

difference.  Unless the owner/operator is able to demonstrate

laboratory error, he must, within seven days, notify the Regional

Administrator, state and local officials that his facility may be

affecting ground water.

     The final interim status rule states:

§265.93(b)  For each indicator parameter specified in §265.92(b)(3),
            the owner or operator must calculate the arithmetic mean
            and variance, based on at least four replicate
            measurements on each sample, for each well monitored in
            accordance with §265.92(d)(2),  and compare these results
            with its initial background arithmetic mean.  The
            comparison must consider individually each of the wells
            in the monitoring system, and must use the Student's
            t-test at the 0.01 level of significance (see Appendix
            IV) to determine statistically significant increases (and
            decreases, in the case of pH) over initial background.

       (c)  (1)  If the comparisons for the upgradient wells made
                 under paragraph (b) of this Section show a
                 significant increase (or pH decrease), the owner or
                 operator must submit this information in accordance
                 with §265.94(a)(2)(ii).
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            (2)  If the comparisons  for downgradient wells made under
                 paragraph  (b)  of  this Section show a significant
                 increase (or pH decrease),  the owner or operator
                 must then  immediately obtain additional ground-water
                 samples from those  downgradient wells where a
                 significant difference was  detected, split the
                 samples in two, and obtain  analyses of all
                 additional samples  to determine whether the
                 significant difference was  a result of laboratory
                 error.

     In the event that an owner/operator is  required to notify the

Regional Administrator concerning  possible ground-water contamina-

tion, the regulations allow a two  week period during which he  must

develop a detailed plan for performance of a ground-water  quality

assessment, based upon the  previously prepared ground-water  quality

assessment program outline, and submit it  to the Regional  Adminis-

trator.  The regulations indicate  that the plan must specify well

number, location and depths, and sampling, analysis  and  evaluation

procedures to be used to determine the cause,  extent and severity of

ground-water contamination  and  a schedule  for  implementing the plan.

While not specifically required in the regulations  the Agency

anticipates that an assessment  plan  will incorporate  comprehensive

analytical techniques, such as  gas chromatography/mass  spectrometry,

in order to accomplish a thorough  assessment;  such  techniques will  be

necessary to determine the  rate and  extent of  migration, as well as

the concentration, of hazardous waste constituents  in the ground

water.

     The regulations also incorporate a provision for the owner/

operator to submit information  obtained from previous facility


                                   104

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ground-water monitoring activities which demonstrate that the de-

tected significant differences in the indicator parameters were not

caused by the facility.  EPA anticipates that the data collected on

the ground-water quality parameters (i.e., chloride, iron, manganese,

phenols, sodium and sulfate) will be used for this purpose.

     The final interim status rule states:

§265.93(d)  (1)  If the analyses performed under paragraph (c)(2) of
                 this Section confirm the significant increase (or pH
                 decrease),  the owner or operator must provide
                 written notice to the Regional Administrator—within
                 seven days  of the date of such confirmation—that
                 the facility may be affecting ground water quality.

            (2)  Within 15 days after the notification under
                 paragraph (d)(l) of this Section, the owner or
                 operator must develop and submit to the Regional
                 Administrator a specific plan, based on the outline
                 required under paragraph (a) of this Section and
                 certified by a qualified geologist or geotechnical
                 engineer, for a ground-water quality assessment
                 program at  the facility.

            (3)  The plan to be submitted under §265.90(d)(1) or
                 paragraph (d)(2) of this Section must specify:

                 (i)    The number, location, and depth of wells;

                 (ii)   Sampling and analytical methods for those
                        hazardous wastes or hazardous waste
                        constituents in the facility;

                 (iii)  Evaluation procedures, including any use of
                        previously-gathered ground-water quality
                        information; and

                 (iv)   A schedule of implementation.

     After submitting the plan to the Regional Administrator the

owner or operator must implement the plan.  In order to evaluate the

potential danger, the plan must determine at a minimum the rate and


                                   105

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extent of migration of the hazardous waste  constituents  in the  ground




water.  In addition, it must determine what concentrations  of these




constituents are present in the ground water.  The  initial  assessment




must be performed as quickly as is technically feasible.  The entry




of hazardous waste constituents into ground water may be presenting a




serious health risk.  It is therefore important that the assessment




be initiated quickly once contamination is discovered.  The owner or




operator must submit a written report to the Regional Administrator,




within fifteen days after completing the determination, containing




the results of the assessment.




     Depending upon the results of the assessment, the indicator




evaluation program may be reinstated if it is demonstrated that no




hazardous waste or hazardous waste constituents from the facility




have entered ground water*  However, if ground water has been




impacted the owner or operator is required to continue the assess-




ment on a quarterly basis until closure.  If the determination that




ground water is impacted occurs during the post-closure period the




assessment program may cease.




     The rationale for the above-stated process is described in the




preamble.  The main reason for increasing the assessment to quarterly




during the active life is to allow the Regional Administrator to




evaluate more frequent analyses of the contamination problem once it




has occurred.
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     During the post-closure period it is assumed that adequate

closure procedures have been carried out, that surface drainage has

been diverted, cover material installed and the amount of leachate

production significantly reduced.   Moreover, no additional waste is

being applied to the facility.  With these controls in place, the

amount of ground-water contamination can be expected to reduce, if

not cease.  Because of this the Agency felt that a single ground-

water quality assessment during post closure would be adequate.  It

should be kept in mind that monitoring of the indicator parameters

will continue through post closure until contaminants are detected

and the problem is assessed.

     Within seven days of shifting from an indicator evaluation

program to a ground-water quality assessment program, the owner or

operator must notify the Regional Administrator.  A similar notice

must be given when the owner or operator shifts back to an indicator

program after conducting a ground-water quality assessment program.

These provisions assure that the Regional Administrator will know

which program the owner or operator is implementing.  In setting

priorities for permitting it will be particularly important to know

which set of facilities are introducing hazardous waste constituents

into ground water.

     The final interim status rule states:

§263.93(d)  (4)  The owner or operator must implement the ground-
                 water quality assessment plan which satisfies the
                 requirements of paragraph (d)(3) of this Section,
                 and, at a minimum, determine:


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     (i)   The rate and extent of migration of the
           hazardous waste or hazardous waste
           constituents in the ground water; and

     (ii)  The concentrations of the hazardous waste or
           hazardous waste constituents in the ground
           water.

(5)  The owner or operator must make his first deter-
     mination under paragraph (d)(4) of this Section as
     soon as technically feasible, and, within 15 days
     after that determination, submit to the Regional
     Administrator a written report containing an
     assessment of the ground-water quality.

(6)  If the owner or operator determines, based on the
     results of the first determination under paragraph
     (d)(4) of this Section, that no hazardous waste or
     hazardous waste constituents from the facility have
     entered the ground water, then he may reinstate the
     indicator evaluation program described in §265.92
     and paragraph (b) of this Section.  If the owner or
     operator reinstates the indicator evaluation pro-
     gram, he must so notify the Regional Administrator
     in the report submitted under paragraph (d)(5)  of
     this section.

(7)  If the owner or operator determines, based on the
     first determination under paragraph (d)(4) of this
     Section, that hazardous waste or hazardous waste
     constituents from the facility have entered the
     ground water, then he:

     (i)   Must continue to make the determinations
           required under paragraph (d)(4) of this
           Section on a quarterly basis until final
           closure of the facility, if the ground-water
           quality assessment plan was implemented prior
           to final closure of the facility; or

     (ii)  May cease to make the determinations required
           under paragraph (d)(4) of this Section, if the
           ground-water quality assessment plan was
           implemented during the post-closure care
           period.
                      108

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       (e)   Notwithstanding any other provision of this Subpart, any
            ground-water quality assessment to satisfy the require-
            ments of §265.93(d)(4) which is initiated prior to final
            closure of the facility must be completed and reported in
            accordance with §265.93(d)(5).

     The final regulations now include a requirement that the facili-

ty owner/operator, at least annually, evaluate the water table ele-

vation data which is to be gathered for each ground-water sampling

interval.  This water level data will be used to calculate the direc-

tion of ground-water flow to determine whether or not his downgradi-

ent wells are still downgradient, as required in §265.91(a)(2), such

that these wells will continue to detect discharges from the waste

management area.  If this evaluation shows  that the direction of

ground-water flow has appreciably changed,  the owner/operator must

modify his ground-water monitoring system accordingly.

     The final interim status rule states:

§265.93(f)  Unless the ground water is monitored to satisfy the
            requirements of §265.93(d)(4),  at least annually the
            owner or operator must evaluate the data on ground-water
            surface elevations obtained under §265.92(e) to determine
            whether the requirements under §265.91(a) for locating
            the monitoring wells continues to be satisfied.  If the
            evaluation shows that §265.91(a) is no longer satisfied,
            the owner or operator must immediately modify the number,
            location, or depth of the monitoring wells to bring the
            ground-water monitoring system into compliance with this
            requirement.

6.  Statistical Methods (Appendix IV)

Synopsis of Proposed Regulations

     The proposed regulation required that the results of sampling

and analysis of ground-water monitoring wells be statistically com-

pared to established background ground-water quality using the

                                   1Q9

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Student's t, single-tailed test at the 5 percent  level  of  signifi-



cance.  As a result of the analysis of comments received,  the Agency



re-proposed the statistical test for ground-water monitoring data



evaluation.  On September 19, 1979, the Agency proposed the use of



the Mann-Whitney U-test at the 5 percent level of significance.



Rationale for the Proposed Regulations



     The Agency's initial selection of the Student's t-test was an



attempt to require use of a familiar statistical testing procedure



which was generally well suited for evaluation of ground-water moni-



toring data.  The Agency's reproposal of the Mann-Whitney U-test was



an attempt to overcome the suggested major weakness of the Student's



t-test, namely its underlying assumption of "normality."



Comments Received and Agency Response



     Comments received can be classified into four groups:



statistical model and the underlying assumptions; type I (  ) error



rate resulting from multiple comparisons; spacial and temporal



variations in ground-water quality; and the number of replicate



measurements to be taken on each monitoring sample of ground water.
                                               /
                                              s>


     Statistical model and the underlying assumptions:  The major-



ity of commenters felt that the Student's t-test was the better test



even though there is some question regarding the assumption of



normality.  The Student's t-test assumes that both sets of samples



(i.e., initial background and periodic) are random samples drawn from



normal populations with equal variances.  Numerous studies have shown
                                  110

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that the t-test is robust (i.e., tolerant) to considerable departures




from underlying assumptions.8  The Agency has reconsidered use of




the Student's t-test in light of the comments received.




     Type I (a) error rate resulting from multiple comparisons:  Many




commenters were concerned about the compounding of type I error




(detection of false significance) due to multiple comparisons of




several variables between the upgradient and downgradient wells.  The




Agency recognizes that this is a serious concern and has incorporated




changes in the methodology to control for this compounding (see next




section).




     Spacial and temporal variation in ground-water quality:   Commen-




ters were concerned that the  proposed method of comparing samples,




without considering variations related to time and space, would




result in the detection of significant difference attributable to




natural variability in ground-water quality and not to facility




contributions to ground water.  The Agency agrees that these  concerns




are valid and has modified the proposed methodology to incorporate




estimates of these components of variability by establishment of




background data for a period of one year prior to actual "compli-




ance" monitoring.




     The number of replicate measurements to be taken on each ground-




water sample:  Several commenters were concerned about the number of




replicates to be obtained on each sample.  While the number of




replicates was not specified in the originally proposed regulations,







                                  111

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seven replicate measurements were  suggested  as  providing  a minimum




level of power for the Mann-Whitney U-test.   In response  to comments,




however, the final required methodology establishes  a minimum  number




of replicates based upon a more appropriate  approach.




Rationale for Chosen Action




     Based on the comments received, the Agency is again  specifying




the use of the Student's t-test to detect  leaching of hazardous waste




or hazardous waste constituents into the ground  water.




     The Student's t-test is intended  to detect  differences  in the




sample mean values between periodic and initial  background  indicator




parameter concentrations or values.  As indicated, the Student's




t-test is robust (i.e., relatively insensitive)  to the underlying




assumption of normality and therefore  can be  successfully used in




situations where the underlying distribution  deviates from normal-




ity. °  The methodology required in these final  regulations  involves




comparison of periodically determined  concentrations of four




indicator parameters with their initial background concentrations.




The initial background concentrations  are established by quarterly




sampling and analysis of the upgradient well  for a period of one




year.  Initial background, therefore,  incorporates both measurement




error and usual fluctuations of ground-water  quality over time into




the estimates of means and variance used in the  statistical testing.




     The Student's t-test involves the calculation of a t-statistic,




using sample means and variances of measurements on the indicator
                                  112

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parameters.  The t-test allows the comparisons to the background

means.  Critical values for the t-statistic at a given level of

significance can be found in most introductory statistics texts.

     The t-statistic is calculated as follows:69
                           X  -  X
                            P	
     where:
                         (n  - 1)S   + (n.  - 1)S,
                     2     P      p      D      b
                    t            n  + n,  - 2
                                  P    D
and where:  t - the calculated t-statistic with k degrees of freedom;
                   the calculated arithmetic mean of the replicate
                   measurements for a single indicator parameter  for
                   a given periodic sampling event.

                   the calculated arithmetic mean of all the
                   replicate measurements for single indicator
                   parameter obtained during establishment of initial
                   background.

                   the calculated variance of the replicate
                   measurements for a single indicator parameter  for
                   a given periodic sampling event.

                   the calculated variance of all the replicate
                   measurements for a single indicator parameter
                   obtained during establishment of  initial
                   background.
                                  113

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            n_ •  the numbers of replicate measurements for a
                  single indicator parameter for a given periodic
                  sampling event (no fewer than four replicates).

            n^ =  the total number of replicate measurements
                  for a single indicator parameter obtained during
                  establishment of initial background (no fewer than
                  16 rep-licates).

     For three of the four indicator parameters (specific conduct-

ance, total organic carbon, and total organic halogen) only increases

over initial background levels are of interest; therefore, for these

indicators single-tailed tests are to be made at the 0.01 level of

significance.  For the remaining indicator, pH, increases or decreas-

es over background are of interest; therefore, a two-tailed test at

the overall 0.01 level of significance is required.

     These final regulations specify a minimum number of replicate

analyses for each sample to ensure the use of accurate data in the

statistical comparisons.  Typical analytical apparatus and techniques

can achieve an estimate of the actual concentration or value of the

indicator parameters in ground-water samples that is within 5% of the

actual concentration or value.  That is to say, typical analytical

procedures and care can achieve relative accuracy of 5% or .

better.1'27'57

     Similarly, the literature indicates that typical apparatus and

techniques used for analysis of the concentration or value of the

indicator parameters can achieve relative precision of 5% or better

(as low as US).1'27*57
                                  114

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     In light of these capabilities for accuracy and precision the

Agency determined that the 95% confidence level should be specified

because it provides a high degree of assurance that the mean of the

sample replicates is within _+ 5% of the value being estimated.  That

is, if the measurement process was repeated a large number of times,

roughly 95% of the means of the replicates would be within _+_ 5% of

the actual mean value.

     Under the usual assumption that measurement or laboratory error

is normally distributed, the number of replicate measurements (sample

size) is related to the error (the difference between the estimate

and the actual quantity it is supposed to estimate) and the standard
                                                             1 69
deviation of the measurement process in the following manner: '

              N =
     where:   N = number of replicate measurement,

              z = the standard normal deviate,

              s = the standard deviation of the measurement process,
                  and

              e = the error in estimating the actual value.

     Then, since:  (1) relative precision is equal to the standard
                       deviation divided by the actual value, and

                   (2) relative accuracy is equal to the error
                       divided by the actual value,

the equation for estimating N can be rewritten as:

            N * (relative precision)^ (standard normal deviate)2
                            (relative accuracy)^"
                                  115

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     where:  N - minimum number of replicate measurements


     Using a value of 2 for the standard normal deviate to correspond


to an approximate 95% confidence level (the exact value is 1.96), the


relationship, in this case, is:


           N = (0.05)2 (2)2
               	   = 4
                 (0.05)2


     A minimum of four replicate measurements is, therefore, required


for each indicator analysis of a ground-water sample.


     In order to control for compounding of type I error due to


multiple comparisons the Agency examined several univariate (e.g.,


Student's t vs. Mann-Whitney, sign test ANOVA, etc.) and multivariate


techniques (Hotelling's T, multivariate ANOVA, etc.) and concluded


that the Student's t-test provided the best overall solution given


the large variability in owner or operator statistical expertise and


computing capabilities.  This method allows for direct paired compar-


isons using the Student's t-test; however, recognizing the compound-


ing effect of multiple comparisons:  the number of parameters to be


compared has been reduced to four; tests for significant difference


are set at the 0.01 level of significance; and, significant differ-


ences are to be confirmed by additional analysis of split samples


before initiating a potentially costly ground water quality


assessment.
                                  116

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                             APPENDIX IV




                       TESTS FOR SIGNIFICANCE




     As required in §265.93(b)  the owner or operator must use the




Student's t-test to determine statistically significant changes in




the concentration or value of an indicator parameter in periodic




ground-water samples when compared to the initial background concen-




tration or value of that indicator parameter.  The comparison must




consider individually each of the wells  in the monitoring system.




For three of the indicator parameters (specific conductance, total




organic carbon, and total organic halogen) a single-tailed Student's




t-test must be used to test at  the 0.01  level of significance for




significant increases over background.   The difference test for pH




must be a two-tailed Student's  t-test at the overall 0.01 level of




significance.




     The Student's t-test involves calculation of the value of a t-




statistic for each comparison of the mean (average)  concentration or




value (based on a minimum of four replicate measurements) of an indi-




cator parameter with its initial background concentration or value.




The calculated value of the t-statistic  must then be compared to the




value of the t-statistic found  in a table for t-test of significance




at the specified level of significance.   A calculated value of t




which exceeds the value of t found in the table indicates a statis-




tically significant change in the concentration or value of the indi-




cator parameter.
                                  117

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     Formulae for calculation of the  t-statistic  and  tables  for t-




test of significance can be found in  most  introductory  statistics




texts.




7.  Recordkeeping and Reporting




Synopsis of Proposed Regulation




     The proposed regulation required that the owner or operator of a




facility report on a quarterly basis  the results  of sampling and an-




alysis of the ground-water and leachate monitoring systems.  Records




of "monitoring and analytical activities and data, including all




original strip chart recordings and instrumentation, calibration, and




maintenance records," were to be maintained by the owner or operator




for at least three years.




Rationale for the Proposed Regulation




    The general rationale for requiring the owner or operator of a




facility to maintain records of the ground-water monitoring system




and to periodically report such information to the Regional Admini-




strator was to enable the Agency to have an opportunity to review the




performance of a facility whether or  not an indication of ground-




water contamination had been reported.  By specifying quarterly




reporting the Agency would obtain this ground-water monitoring infor-




mation within three months of sampling and analysis regardless of the




frequency of sampling and analysis.   In this way there would be mini-




mal time lapse before the Agency would become aware of any unreported




increase in contaminants in ground water.  By requiring that records
                                  118

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of such monitoring be retained for a period of three years or more,




the Agency would be afforded the opportunity of reviewing virtually




all information and data related to the monitoring system during




routine inspections or if the need arose following interpretation of




monitoring data.




Comments Received and Agency Response




     Reporting frequency.  Very few comments were received which ad-




dressed the recordkeeping and reporting requirements of the ground-




water monitoring section.  No comments addressed the recordkeeping




requirements of the section and nearly all comments on reporting re-




quirements urged a reduced frequency.  Since the proposed regulations




permitted sampling and analysis of the monitoring system as infre-




quently as annually, under some circumstances, commenters stated that




semiannual or annual reporting should be sufficient and permissible




especially in light of the fact that within seven days of detecting a




significant increase of a contaminant over established background




levels the Regional Administrator was to be notified.




     The Agency agrees that quarterly reporting of the ground-water




monitoring system data should not be required for routine monitoring.




For owners or operators performing an indicator monitoring program,




annual reporting supplemented by notification within seven days of




the confirmation of significant differences in indicator parameter




concentrations should be sufficient to keep the Agency informed on




facility performance.  The Agency does, however, require quarterly
                                 119

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reporting of the concentrations of  those  parameters  which character-




ize the suitability of the ground water as  a  drinking  water  supply,




which are listed in Appendix III in the section  on sampling  and




analysis, duriisg the initial year when background water quality  is




being established.  In addition, the owner  or operator must  identify




in these quarterly reports any such  primary drinking water parameter




which is detected in the ground water at  a  concentration  higher  than




the maximum contaminant level (MCL)  for that  parameter.   By way  of




this requirement the Regional Administrator will promptly become




aware of any contaminated ground-water conditions during  that year




which may necessitate Agency notification of  nearby users of the




ground water as a drinking water source.  This requirement is




especially important for existing facilities  where ground water may




have become contaminated as a result of previous waste management or




other practices.




     For facility owners or operators performing a ground-water qual-




ity assessment monitoring program, records  of all analyses and evalu-




ations specified in the ground-water quality  assessment plan must be




kept and submitted annually in a report to  the Regional Administra-




tor.



     Report distribution.  One commenter,  who agreed with the quar-




terly reporting requirement, suggested that reports  be provided not




only to the Regional Administrator but also to both state and local




authorities.  The Agency believes that such distribution might
                                  120

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constitute an unnecessary burden on the owner or operator and on the




state and local authorities who must process and review such data.




Review by three or more agencies would be needlessly duplicative.




Those State and local authorities that are interested in examining




the reports may obtain copies from EPA or the authorized State agen-




cies responsible for receiving such information.




Rationale for the Chosen Action




     Although no comments on recordkeeping requirements were re-




ceived, the Agency has included requirements in the final regulations




which differ from the proposed.  Whereas the proposed regulations re-




quired that records of ground-water quality be maintained for a mini-




mum of three years, these final regulations require that ground-water




quality information be maintained throughout the active life of the




facility and, for disposal facilities, throughout the post-closure




care period as well.  Since ground-water changes may occur slowly, it




will be useful to have a history of the facility that is longer than




three years.  This information will be invaluable in determining the




significance of increases or decreases in indicator parameters and




for successful completion of a ground-water quality assessment




program.  The proposed requirement that the records include original




strip charts and other analytic information has been deleted.  These




final regulations only require that water quality data and appropri-




ate evaluations for each monitoring well be maintained.  (For
                                  121

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recordkeeping  and  reporting  requirements  for land treatment facili-




ties, see  the  background  document for Subpart M,  Land Treatment.)




     For an  indicator monitoring  program,  with the exception of noti-




fication within seven days of  significant  changes in the concentra-




tion of any  indicator parameter from background water quality,  the




Agency requires submission of  ground-water quality data  and evalua-




tions only annually  along with the annual  report  for the facility.




During the first year,  however, when background quality  is  being




established, monitoring information for those parameters  which  char-




acterize the suitability  of  the ground water  as a drinking  water




supply must  be reported quarterly.   This information will be useful




in identifying those aquifers  which are in greatest  jeopardy and to




set priorities for consideration  of permits.   In  keeping with this




goal, the owner or operator  must  indicate  in  his  report  any such




parameter which exceeds its  MCL.




     If a facility owner  or  operator  initially chooses to implement a




ground-water quality assessment program rather than  the  indicator




monitoring program,  or  when  the results of  an  indicator program re-




quire the owner or operator  to perform a ground-water quality assess-




ment, the recordkeeping and  reporting requirements are slightly




different.  For a ground-water quality assessment  program,  the owner




or operator must keep records  of  all analyses  and  evaluations speci-




fied in his ground-water  quality  assessment plan  and submit an ini-




tial assessment as soon as is  technically  feasible.  Thereafter




annual reporting of  the quarterly assessments  is  required.



                                  122

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     The final regulations for indicator monitoring programs have a

requirement that water surface elevations be measured and recorded

during sample collection to determine changes in water table gradient

(velocity or direction).  The recordkeeping and reporting section in

the final regulation now provides that records of gradient evalua-

tions be submitted in the annual  report along with a description of

the response to such evaluations, where applicable.

     The final interim status rule states:

§265.94(a)  Unless the ground water is monitored to satisfy the
            requirements of §265.93(d)(4),  the owner or operator
            must:

            (1)  Keep records of  the analyses required in §265.92(c)
                 and (d), the associated ground-water surface
                 elevations required in §265.92(e), and the
                 evaluations required in §265.93(b) throughout the
                 active life of the facility, and,  for disposal
                 facilities, throughout the post-closure care period
                 as well; and

            (2)  Report the following ground-water monitoring
                 information to the Regional Administrator:

                 (i)    During the first year when initial background
                        concentrations are  being established for the
                        facility:  concentrations or values of the
                        parameters listed in §265.92(b)(1) for each
                        ground-water monitoring well within 15 days
                        after completing each quarterly analysis.
                        The owner or operator must separately
                        identify  for each monitoring well any
                        parameters whose concentration or value has
                        been found to exceed the maximum contaminant
                        levels listed in Appendix III.

                 (ii)   Annually:  concentrations or values of the
                        parameters listed in §265.92(b)(3) for each
                        ground-water monitoring well, along with the
                        required  evaluations for these parameters
                        under §265.93(b).  The owner or operator must

                                  123

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                 separately identify any significant
                 differences from initial background found in
                 the upgradient wells, in accordance with
                 §265.93(c)(l).  During the active life of the
                 facility, this information must be submitted
                 as part of the annual report required under
                 §265.75.

          (iii)   As a part of the annual report required under
                 §265.75:  results of the evaluation of
                 ground-water surface elevations under
                 §265.93(f), and a description of the response
                 to that evaluation, where applicable.

(b)   If the ground water is monitored to satisfy the require-
     ments of §265.93(d)(4), the owner or operator must:

     (1)  Keep records of the analyses and evaluations
          specified in the plan, which satisfies the
          requirements of §265.93(d)(3),  throughout the active
          life of the facility, and, for disposal facilities,
          throughout the post-closure care period as  well;  and

     (2)  Annually, until final closure  of the facility,
          submit to the Regional Administrator a report
          containing the results of his  ground-water  quality
          assessment program which includes,  but is not
          limited to, the calculated (or  measured)  rate of
          migration of hazardous waste or hazardous waste
          constituents in the ground water during the
          reporting period.  This report  must be submitted  as
          part of the annual report required  under  §265.75.
                           124

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                               125

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                                126

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                                  127

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                       REFERENCES  (Continued)
37.  National Academy of Sciences and National Academy of Engineer-
     ing, 1972.  Water Quality Criteria 1972, Report prepared by
     Committee of Water Quality Criteria at request of U.S. Environ-
     mental Protection Agency, Washington, D.C., 594 pages.

38.  New Jersey Department of Environmental Protection.  1977 (as
     amended).  New Jersey Administrative Code 7:26-1 et seq.

39.  New York Department of Environmental Conservation.  August 1977.
     Rules and Regulations, Part 703 et seq.

40.  New York Department of Environmental Conservation.  August 1977.
     Part 360.8 et seq.

41.  Ohio Environmental Protection Agency, Division of Hazardous
     Wastes.  June 1976.  Criteria for Landfill Disposal of Hazardous
     Wastes in Ohio.

42.  Ohio Environmental Protection Agency.  June 1976.   Draft
     criteria for the disposal of very hazardous wastes in Ohio.

43.  Ohio Environmental Protection Agency.  Investigations by Ohio
     EPA ground water group - specific contamination cases.   Hamilton
     County.

44.  Ohio Environmental Protection Agency.  Investigations by Ohio
     Environmental Protection Agency ground water group - specific
     contamination cases.  Monroe County.  Unpublished list.

45.  Oliver, B.C.  1979.  Chlorinated nonvolatile organics produced
     by reaction of chloride with humic material.  Canadian Research,
     11 (6):21-22.

46.  Oxidation Techniques in Drinking Water Treatment.   1978.  In:
     Proceedings of Karlsruhe Conference, F.R.G., held Sept.  11-13.
     H. Sontheimer, ed., EPA-570/9-79-020, 39 pages.

47.  Pennsylvania Department of Environmental Resources.   1975.
     Water quality management and solid waste management.  Supple-
     mentary Geology and Ground Water Information, Module 5A - Phase
     1.

48.  Pennsylvania Department of Environmental Resources.   June 1977.
     Pennsylvania Administrative Code, Section 75.38 et seq.
                                  128

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                       REFERENCES (Continued)
49.  Pesticides and Pesticide Containers, Regulations for Acceptance
     and Recommended Procedures for Disposal and Storage, FR 39 (86),
     May 1, 1974.

50.  Piskin, R.  July 1976.  Suitability of landfills for disposal
     of hazardous wastes in Illinois.  Waste Age.

51.  Polychlorinated biphenyls; criteria modification, hearings FR 44
     (106), May 31, 1979.

52.  Public Health Service.  1962.  Drinking Water Standards, U.S.
     Department of Health, Education and Welfare, Washington, D.C.,
     61 pp.

53.  Shuster, K.A.  1976.  Leachate damage assessment - case study of
     the Sayville solid waste disposal site in Islip (Long Island),
     New York.  EPA/530/SW-509.  18 pages.

54.  Shuster, K.A.  1976.  Leachate damage assessment - case study of
     the Fox Valley solid waste disposal site in Aurora, Illinois.
     EPA/530/SW-514.  34 pages.

55.  Silka, Lyle R. and Ted L. Swearingen.  1978.  A manual for eval-
     uating contamination potential of surface impoundments.  EPA
     570/9-78-003.

56.  South Carolina Proposed Hazardous Waste Management Regulations,
     Sections R61-79.4.
   f
57.  Standard Methods for the Examination of Water and Wastewater.
     1976.  APHA, AWWA, WPCF, 14th ed.  Washington, D.C.

58.  Texas Department of Water Resources.  January 1979.  Technical
     Guideline No. 6 (draft revision) - Monitoring Systems and Leach-
     ate Collection.

59.  Texas Water Quality Board.  May 1976.  Technical Guideline No.
     6, Monitoring/Leachate Collection Systems.

60.  Texas Water Quality Board.  1977 (as amended).  Industrial solid
     waste management regulation, Section 3-07.

61.  U.S. Environmental Protection Agency.  1973.  The effective use
     of high water table areas for sanitary landfill.  EPA-SW75d.l.

62.  U.S. Environmental Protection Agency.  1973.  Handbook for Moni-
     toring Industrial Wastewater, Technology Transfer.

                                  129

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                       REFERENCES  (Concluded)


63.  U.S. Environmental Protection Agency.   1973.  Manual of  Indivi-
     dual Water Supply Systems, Office of Water  Programs.   164 pages.

64.  U.S. Environmental Protection Agency.   March  1979.  Methods  for
     Chemical Analysis of Water and Wastes.  EPA-600/4-79-020.

65.  U.S. Environmental Protection Agency.   National  Interim  Primary
     Drinking Water Regulations, 40 CFR  141.

66.  U.S. Environmental Protection Agency.   1977.  The prevalence of
     subsurface migration of hazardous chemical  substances at
     selected industrial waste land disposal sites.   EPA/530/SW-634.

67.  U.S. Environmental Protection Agency.   1974.  Report to  con-
     gress:  disposal of hazardous wastes.   EPA  SW-115.

68.  U.S. Environmental Protection Agency.   January 1977.  Report to
     congress - waste disposal practices and their effects on ground
     water.  531 pages.

69.  Walpole, Ronald E. and Raymond H. Myers.  1972.  Probability and
     statistics for engineers and scientists.  Macmillan Co., New
     York.  Pages 187-192, 242-245.

70.  Washington State Administrative Code -  Hazardous Waste Regula-
     tions, Chapter 173.  302.280.  January  1978.

71.  Wegman, R.C. and Greve, P.A.  1977.  "The microcoulometric
     determination of extractable organic halogen in  surface water;
     application to surface waters of the Netherlands."  The  Science
     of  the Total Environment, Volume 7, pages 235-245.

72.  Weston, Roy F., Inc.  1979-  Pollution  prediction techniques for
     waste disposal siting - a state-of-the-art  assessment.   U.S.
     Environmental Protection Agency Report  SW-162c.

73.  Wilson, L.G.  August 1979.  Monitoring  in the vadose zone:  a
     review of technical elements and methods.   Unpublished Report,
     EPA Contract No. V-0591-NALX.

74.  Wisconsin Department of Natural Resources.  1977.  Hazardous
     waste management guidelines and procedures.

75.  Wisconsin.  1977.  Assembly Bill 880, Section 17 (144441).

76.  Wisconsin Department of Natural Resources.  1974.  News  release
     copy on file at EPA.
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                          Attachment No. 1

                            Damage Cases
     The following is a detailed description of the documented damage

cases illustrating the potential for groundwater contamination from
hazardous waste land disposal sites :

     1.  The Ansul Company manufactures agricultural herbicides in
         Marinette, Wisconsin, which resulted in the production of
         salt wastes containing arsenic.  The company had accumulated
         many tons of these salts at their plant location.  Surveys
         by Ansul and the Wisconsin Department of Natural Resources
         (DNR) had indicated localized heavy groundwater contamina-
         tion.  Contamination of the Menominie River, adjacent to the
         plant, had occurred with maximum levels in the sediment
         found to be 35 ppm of arsenic (USPHS standard is 0.05 ppm) .
         The river contamination had been attributed to 7,500 tons of
         the salt wastes which has been stored on a loading dock
         within 10 feet of the river.  A well at the dock had been
         found to yield water containing about 1.0 mg/1 arsenic.  The
         DNR had ordered the Ansul Company to construct new storage
         facilities for the salt wastes.  Two new storage facilities
         were to be built, the first for the daily salt waste produc-
         tion and the second for the wastes currently stored on
         site.

     2.  An aluminum plant in Monroe County, Ohio had grossly contam-
         inated the ground water under its site with flourides, high
         pH, and other trace chemicals.  The water was also dis-
         colored.  The source of contamination was leachate from a
         used tailing pond and used potline piles.  As a partial so-
         lution the firm was treating the pollution source with acid.
         They have also developed interceptor wells between their
         source of pollution and their main production well.  The
         OEPA did recognize that these actions were beneficial in
         containing the pollution within the aquifer under the firms
         site.  However, if the firm were to discontinue operations
         and thus discontinue the use of the main production well,
         the use of the inceptor well, and the use of acid treatment,
         the site would be a major source of pollution for many years
         after the plant closed.
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3.  A chemical plant in Hamilton County, Ohio which utilizes  two
    infiltration lagoons for waste disposal had contaminated  a
    very productive aquifer.  This was discovered recently when
    a new well was developed on a nearby property.  Follow up
    studies revealed that several other wells in the area were
    also contaminated.   Abnormally high values of sodium, potas-
    sium, nitrogen, sulfates, phenols and high TOC values were
    found.   A few of these constituents in several of the con-
    taminated wells exceeded standards for drinking water.

4.  An arsenic pesticide was used to control a grasshopper
    infestation near Perham, Minnesota in 1934.  After the
    infestation was under control, the unused pesticide was
    buried  in an unmarked shallow trench far from any urbanized
    areas.   In 1972 a shallow well was installed near the pesti-
    cide disposal area  to serve as a water supply for a local
    construction company.  Soon after the well was placed in
    service, thirteen employees were stricken with what was
    later diagnosed to  be arsenic poisoning.  All of the thir-
    teen employees required medical treatment and two had to be
    hospitalized.  One  employee was hospitalized for more than a
    month and still suffers from nerve damage.

5.  Since August 1968,  a commercial laboratory in Myers town,
    Pennsylvania, has disposed of its arsenic waste by surface
    storage within the  plant area (some of waste materials not
    known).  This practice apparently has led to contamination
    of the  ground and subsequent migrations into groundwaters
   .through leaching, ionic migration actions, etc., abetted  by
    the geologic and edaphic character of the plant site.   In
    order to meet discharge requirements and/or eliminate the
    waste hazard, the company has had to design and construct a
    system of recovery wells to collect the arsenic effluent
    from groundwaters in the area.  Recovered arsenic and cur-
    rent arsenic waste  (previously stored on the land)  are now
    retained in storage lagoons.  Presumably, the sludge from
    these lagoons was periodically reclaimed in some way.
    Lagoons of this type are generally not well attended and  may
    result in environmental catastrophes.
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                          Attachment No. 2

                     State Laws and Regulations
     A survey of various state hazardous waste regulatory programs
yielded the following information:

California

     The California State Water Resources Control Board is the agency
regulating disposal sites and monitoring of hazardous wastes.  Moni-
toring plans are developed case-by-case, based upon the detailed geo-
logic and hydrologic requirements of the permit.10  The monitoring
programs for hazardous waste disposal facilities may include any or
all of the following components:

     1.  Monitoring of local ground and surface water from locations
         considered to be within the radius of influence of a dis-
         posal site; and from a background location.  These data may
         be compared.  The regulations observe that collection of
         baseline data is important because it may offer a basis to
         discount claims of degradation of water quality which may be
         filed later by other parties.

     2.  Periodic site inspection, sampling, and analysis of wastes
         performed by agency personnel.  The operator is allowed to
         collect samples for replicate analysis.

     3.  Installation of piezometers or monitoring wells at critical
         locations.

     4.  Operation of continuous fluid level measuring instruments at
         seepage collection drains and dumps.

     5.  Monitoring wells, located on the basis of local ground and
         surface-water hydrology, from which the disposer may be re-
         quired to collect samples.

     The selection of constituents for analysis and evaluation is re-
lated to the type of waste being disposed.  The basic program in-
cludes testing for pH, electrical conductivity or total dissolved
solids, chloride, hardness, and total alkalinity.  Specialized moni-
toring of hazardous waste disposal may require sample analyses for
toxic materials, heavy metals, organics, color, BOD, tannins and
lignins, with field tests for carbon dioxide.
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     At  sites  receiving  up to  200 tons of wastes daily, monitoring
reports  are generally  required on a quarterly basis.   Sites receiving
more than 200  tons daily must  submit monthly reports".

JH. lino is

     The Division of Land  and  Noise in the Illinois Environmental
Protection Agency (IEPA) is  responsible for the State's hazardous
waste management program.   Criteria developed for land disposal  of
hazardous wastes place considerable emphasis upon the origin and
composition of the materials to be disposed of.23  The waste
generator is required  to list  the standard industrial classification
(S.I.C.) number for  the  industrial activity from which waste is
derived.  IEPA has assigned  a  number to each of the subgroups  in the
S.I.C. table.   These numbers are used to determine the minimal scope
of chemical analyses required  with the permit application;  this  waste
characterization provides  a  guide for future ground-water monitoring.

     IEPA uses a landfill  simulation- leaching test to determine  the
environmental  impact of  the  was-te material.^  This test is  applied
to hazardous wastes  for  which  a disposal permit is required, accord-
ing to the previously  mentioned grouping of  wastes by S.I.C. numbers.
Theoretically, waste characterization should permit design  of a  waste
constituent-oriented monitoring program at each site.

     The agency usually  requires installation of at least one moni-
toring well hydraulically  upgradient and one down-gradient,  placed as
close as possible to the deposition area.   The monitoring wells  may
penetrate shallow perched  water zones which  are widespread  in Illi-
nois.  If contamination  is detected,  IEPA interprets  this as an
"early warning signal" indicating possible later contamination of  the
underlying water-table aquifer.*0

Louisiana

     The Department  of Natural Resource's  hazardous waste management
regulations include  provisions for surveillance and monitoring of
facilities, requiring  a  systematic program to conduct investigations
and recording  of ground-water  monitoring systems.31  Specific
requirements of the  ground-water monitoring  system address  well
number and location; sampling  frequency and  parameters; evaluation of
and response to analytical results; and recordkeeping and reporting.

Maryland

     The program to monitor  storage and disposal of hazardous wastes
in Maryland is in the  early  stages of implementation, following  the
1976 enactment of a  law  entitled "Safe Disposal of Designated  Hazard-
ous Substances,11" and promulgation of applicable regulations by  the

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Maryland Department of Natural Resources (DNR).  The law requires
that the DNR "establish procedures for monitoring of hazardous and
industrial substances from the time of generation to the time of
final disposal."33  it specifically directs the DNR to set minimum
requirements for ground-water monitoring.

     The DNR's regulations require detailed hydrogeological informa-
tion (e.g. soils, rock formations, boring results) to be submitted by
the permit applicant.34  xhe applicant must also present informa-
tion on the ground-water monitoring system design, including back-
ground ground-water analyses and sampling procedures.

Minnesota

     Hazardous waste management regulations were promulgated in 1979
by the Minnesota Pollution Control Agency.35  These regulations
require the owner/operator of a hazardous waste disposal facility,
before accepting hazardous waste, to construct a monitoring system.
This system would be used to determine effects in soil, ground water
and air attributable to the disposal facility operations.  In
addition,  for closure of a hazardous waste land disposal facility,
ground water and surface water monitoring systems must be constructed
if not already installed.  The monitoring system must also be
employed in the long-term maintenance of a facility after closure.

New Jersey

     Regulations promulgated by the New Jersey Department of Environ-
mental Protection (DEP) in 1975 (as amended in 1977) prohibit opening
of a new solid waste facility without prior installation of a ground-
water monitoring system.38  Background water-quality data must also
be obtained and recorded before any waste is deposited at the site.
The DEP may also require installation of monitoring systems at the
sites in operation prior to September 1975.  All monitoring system ap-
provals are made on a case-by-case basis.  Each disposal facility
receiving hazardous wastes must have interception, collection, and
treatment  systems for any leachate generated at the site.

     The submission of the required monitoring data must be made an-
nually, at which time the registrant is required to provide a state-
ment updating the information contained in the initial registration
statement.  The registrant must notify the DEP within 30 days of any
change in  status of the operation covered by the original statement.
The regulations require an extensive list of parameters to be in-
cluded in  the annual analyses of samples collected as part of the
monitoring program.
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New York

     At the present time, New York State is in the process of  imple-
menting a program designed to upgrade hazardous waste disposal and
monitoring practices.  The program will be managed by the Hazardous
Waste Bureau of the Department of Environmental Conservation (DEC).

     Regulations classifying ground water and establishing water-
quality effluent standards have been proposed by the DEC.  The stan-
dards, if approved, will be applicable to industrial waste treatment,
including hazardous waste management facilities designed both  for
treatment and storage.39

     Effective solid waste management regulations set specific re-
quirements for ground-water protection and monitoring with special
precautionary measures required at land burial facilities used for
hazardous waste disposal.40  At these sites, monitoring programs
will be established by the DEC on a case-by-case basis.  A minimum of
three monitoring wells, with two located hydraulically downgradient
from the solid waste fill area, is required.  Ground-water sampling
frequency is set as part of the operating permit.  Baseline water
quality must be established prior to use of the site.  The regula-
tions are applicable to both new and modified secure land burial
facilities, which are defined as "a disposal facility meeting the de-
sign and operation requirements (.	) for the proper disposal of
hazardous wastes so that such wastes are immobilized or otherwise
prevented from release to the environment or rendered harmless or de-
composed into harmless materials within the facility."

Ohio

     In 1976, the Ohio EPA promulgated new solid waste regulations
which gave the Agency's Office of Land Pollution Control (OLPC),
Division of Hazardous Wastes, more authority.41  These regulations
influence future monitoring of hazardous waste storage and disposal
facilities two ways.  They provide a specific definition for ground-
water pollution, and stipulate that sites must be located in geologic
formations where permeability of the clay is such that the time re-
quired for the movement of leachate through the walls or bottom of
the landfill to ground water or surface water must be 1,000 years
under a "hydraulic gradient of 1.2."42  Pollution of ground water
is defined as the "entrance of any substance into such waters in such
quantities as to prevent or materially interfere, either immediately
or cumulatively, with any use of such waters otherwise possible, or
in such quantities as would require such waters to be treated prior
to use."  This policy of long-term protection of existing ground-
water quality is further reinforced by the site data and monitoring
requirements of the regulations.


                               1.36

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     The permitting procedure requires submission of a complete geo-
logic and hydrologic report on existing conditions, including the
"ground-water development potential" of the aquifer(s) beneath the
disposal site.  Chemical analyses of ground-water samples for 17 con-
stituents must be submitted, with the agency entitled to request a
sampling program involving "analysis of such a number of samples from
such a number of wells as deemed necessary."  The applicant must also
provide data on the "location, surface elevation, depths, con-
struction details, materials penetrated, water levels, available re-
ports on future plans for, chemical sampling, and other relevant
characteristics of all monitor wells to be used for ground-water sam-
pling, and detection of leachate production and migration."

     Provision is to be made for the collection, containment, treat-
ment or disposal of leachate.  The permittee is responsible for the
maintenance of monitoring wells for sampling until three years after
the landfill is completed.

Pennsylvania

     The Division of Solid Waste Management in Pennsylvania's Depart-
ment of Environmental Resources (DER) is responsible for the permit-
ting and surveillance of monitoring programs associated with the
disposal of hazardous waste throughout the State.  At present, there
are no facilities designed specifically for this purpose.  However,
since passage of RCRA, the Division has received inquiries from waste
disposal firms interested in establishing facilities.

     The Division's monitoring authority was strengthened consider-
ably by a 1977 revision of State Solid Waste Management Rules and
Regulations applicable to industrial waste disposal sites.  The per-
mitting procedures are designed to promote full disclosure of site
and waste characteristics through a two-phase permitting procedure.
Data solicited from the applicant include complete coverage of per-
tinent geologic and ground-water conditions.^  Phase I requires
the applicant to describe monitoring proposed as part of the project,
and to delineate specific monitoring points.  However, the permit
application advises that "wells are not to be drilled until the
Department approves the design, location, and specifications."  The
regulations stipulate that "monitoring points should not be located
more than 500 feet from the permitted area, in order to obtain
ground-water samples capable of being analyzed for contaminants as
close as possible to the actual place of deposition."48

     One monitoring well must be installed hydraulically downgradient
and one monitoring well upgradient from the deposition area.  This is
considered to be the minimum requirement for each project.  However,
DER approval of hazardous waste monitoring projects is to be on a


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case-by-case basis with provision  for additional monitoring  wells  at
the discretion of the agency.  Design of the monitoring wells  and
sampling procedure are dictated by the terms of the  project  permit.

     The regulations stipulate that each monitoring  well must  be
purged prior to obtaining water samples.  Chemical analyses  of water
samples from the monitoring well and other hydrologic data must be
submitted quarterly.  Constituents included in the analyses  are de-
termined on a case-by-case basis, according to the chemical  and phys-
ical properties and the volume of the materials disposal of.

South Carolina^6

     South Carolina's proposed regulations for hazardous waste man-
agement facilities include requirements for ground-water monitoring,
addressing well number and location;  sampling frequency and  para-
meters; evaluation of and response to analytical results; and  record-
keeping and reporting.

Texas

     The Texas Water Quality Board (Board) is actively involved in a
program to insure that ground-water monitoring requirements  are sat-
isfactory at both on-site and off-site hazardous waste management
facilities.  Owner/operators are required to install ground-water
monitoring systems meeting the specifications of the Board's May 1976
guidelines (draft revision, January 1979) or institute other equiva-
lent procedures acceptable to the Board.53,59  Long-term post-
operational surveillance is required  in order to minimize possible
damage to ground or surface water beyond the site.^0

     The guidelines establish a three-phase monitoring program.
Phase I involves sampling to establish background water quality at
the site.  Phase II consists of a periodic sampling of monitoring
points, the initial results of which  must be reported to the Board
monthly during the first year of site operation, and quarterly there-
after.  Phase III of the monitoring program extends sampling and an-
alysis of ground water for a period of time after the site is closed.
The sampling frequency and time period of monitoring after closure is
established by the agency at the time of permitting.  Registration of
hazardous waste disposal operations is on a case-by-case basis with
the number of monitoring points set by the agency.   The registration
procedure was initiated as a means of obtaining information on exist-
ing waste disposal sites.

     Sampling point distribution and  monitoring procedures are deter-
mined by hydrogeologic conditions and types of waste likely to be
encountered.  The proposed revised guidelines developed by the Board


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recommend a minimum of four monitoring wells under ideal conditions,
that is, where the underlying earth materials are fairly homogeneous,
relatively permeable, and uniformly sloping in one direction.  The
monitoring wells should be located upgradient and downgradient of the
waste management activity with respect to ground-water flow. ^ In
cases of multiple aquifer systems, each water-bearing formation
should be monitored.

     All monitoring wells should be cased, with the annular  space be-
tween the zone of saturation and the surface completely backfilled or
plugged with cement or packed with clay, to prevent percolation of
surface water into the well bore.  The well casing must be fitted
with a removable cap to prevent entrance of runoff and rainfall.

     If contamination is noted by the owner/operator, a report must
be submitted to the Board, as well as a plan to determine the con-
tamination source.  If the facility is the source, a corrective ac-
tion plan must be submitted to the Board.

Washington

     Washington's hazardous waste regulations require monitoring
wells under each "burial trench" and "evaporation pond" to be checked
at least quarterly.70

Wisconsin

     The Wisconsin Department of Natural Resources (DNR) views moni-
toring as one portion of the total hazardous waste management pro-
gram, required principally as a surveillance tool with the data
generated to be used in enforcement procedures.

     Under a proposed law, facilities approved by DNR would not be
required to obtain any local permits or authorizations which may
otherwise be necessary to operate the facility.75  Licensing would
involve three steps, with monitoring and closure plans to be
submitted as part of the first step for the feasibility report.  A
waste classification plan incorporated in the law would assign all
waste to classes, based upon the relative degree of hazard posed by
the waste. The principal emphasis on monitoring devices is related to
the long-term care provisions of the proposed law.  In the original
plan of operation, the DNR can require up to 10 years of long-term
care, unless the licensee agrees to a longer period of time.  After
this time period expires, a decision on termination is to be made by
the DNR.
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