25217-8
BACKGROUND DOCUMENT NO. 8
HAZARDOUS frftSTE MANAGEMENT SffiTEM: GENERAL;
STANDARDS APPLICABLE TO OWNERS AND OPERATORS
OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES; AND HAZARDOUS WASTE PERMIT PROGRAM
(40 CFR 260, 264, and 122)
Permitting of Land Disposal Facilities;
Ground-Water and Air-Emission Monitorinq
This document (ms. 1941.41) provides background
information on EPA's proposed regulations for
land disposal of hazardous waste
U.S. ENVIRONMENTAL PROTECTION AGENCY
July 1981
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TABLE OF CONTENTS
INTRODUCTION Page 3
I. NEED FOR THE REGULATION (Ground-water Monitoring) Page 4
II. ANALYSIS OF THE REGULATION (Ground-water Monitoring) Page 4
1. Relationship to Interim Status Regulations Page 4
2. Applicability - §264.90 Page 8
3. Ground-water monitoring system - §264.91 Page 11
4. Sampling and analysis - §264.92 Page 15
5. Preparation/ evaluation, and response - §264.93 Page 18
6. Recordkeeping and reporting - §264.94 Page 25
7. Triannual reprediction
of leachate plume migration - §122.28(f) Page 26
8. Modification or revocation
and reissuance of permits - §122.15(a)(8) Page 27
9. Minor modification of permits - §122.17( a) (8) Page 28
IV. . NEED FOR THE REGULATION (Air emission monitoring) Page 29
V. ANALYSIS OF THE REGULATION (Air emission monitoring) Page 29
1. Applicability - §264.90 Page 30
2. Air emission monitoring system - §264.95 Page 30
3. Air emission sampling and analysis - §264.96 Page 32
4. Air emission evaluation and response - §264.97 Page 33
5. Air emission recordkeeping and reporting - §264.98 Page 36
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INTRODUCTION
This background document covers two distinct subjects; ground-
water monitoring, and air emmission monitoring
Interim Status requirements for ground-water monitoring were
promulgated on 19 May 1980. At the time of promulgation of the
Part 265 interim status standards, a background document "Subpart F
Ground-water Monitoring" dated 2 May 1980 was prepared. The general
status ground-water monitoring regulations are similar and were
reproposed on 5 February 1981. Both interim status and general
regulations for ground-water monitoring were originally proposed
on 18 December 1978. The basis for reproposing the general
regulations applicable to land disposal facilities, of which the
ground-water monitoring regulations are a part, is discussed in
the Section II of the preamble to the 5 February 1981 reproposal.
The air emission monitoring requirements have not been proposed
previously. On 18 December 1978, the Agency did propose air
emission standards for treatment and disposal of hazardous wastes at
43 FR 59008. Based on a number of comments and the Agency's own
analysis, the Agency expressed concern about the proposal which
included a definition of volatile waste solely in terms of its vapor
pressure and used the OSHA levels as a basis for allowing variances.
The Agency discussed some aspects of the comments and the reasons
for such concern in the preamble to the Interim Status Standards
under the heading "Volatile Waste" at 45 FR 33166 on 19 May 1980.
The Agency is continuing its investigations of alternative
techniques available to control the problem of hazardous air
emissions from land disposal facilities.
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These air emission monitoring requirements are being proposed
as a means of evaluating and verifying the predictions of air
emissions required as a function of permit issuance. The agency
has prepared a "Land Disposal Toxic Air Emissions Evaluation
Guideline" to describe and support procedures for assessing
downwind impact. This guideline is referenced in paragraph 6 of
the preamble to Subpart F at 46 FR 11141.
I. NEED FOR REGULATION (Ground-water monitoring)
The need for this regulation has been covered in the background
document "Subpart F - Ground-water Monitoring" dated 2 May 1980.
II. ANALYSIS OF STANDARDS (Ground-water monitoring)
1. Relationship to Interim Status Regulations
A. Proposed Regulation and Rationale
A very similar set of requirements to those adopted for interim
status are proposed in this regulation as applicable under general
status. The requirements are revised to reflect the fact that the
performance standard for each facility is to be individually
determined and to be stipulated in the facility permit. This
regulation provides that the monitoring objective for general
status facilities be to determine permit compliance ; it also provides
for greater interaction between the owner or operator and the Agency.
B. Summary of Comments
The 2 May 1980 Background Document (page 12) included the
statement "Comments related to permit award will be addressed in
the background document for 40 CFR 264, Subpart F." After a
re-evalutation of the comments on the 18 December 1978 proposed
regulations, the agency found that all comments pertinent to the
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general status regulations had been addressed in the 2 May 1980
Background Document.
C. Discussion
The general status requirements included in 40 CFR Part 264,
specify the ground water monitoring procedures for land disposal
facilities used to manage hazardous waste which have been awarded
an operating permit under Section 3005 of the RCRA. These ground-
water monitoring requirements are based upon, and whenever possible
actually incorporate, the ground-water monitoring requirements for
facilities operating under interim status; 40 CFR 265, Subpart F.
The fundamental difference between the Subpart F requirements in
Parts 264 and 265 is in the purpose of monitoring. As fully
explained in the Part 265 Background Document, ground-water
monitoring during interim status is intended to determine whether
or not a facility is affecting ground-water quality as a result
of a discharge from the facility. Once a discharge is detected,
owners and operators are required to determine and report to the
Regional Administrator the extent of the facility impact on ground-
water quality and the rate of migration within the aquifer. The
Part 264 requirements, to be explained in this Background Document,
are intended to determine: (1) when a discharge from a land disposal
facility has reached the ground water; (2) the quality of the
affected ground water; and (3) the rate and direction of contaminated
ground-water flow. Both Parts 264 and 265 require owners and
operators to determine the impact on the ground-water quality
which results from leachate discharge from the facility. The use
of these determinations is, however, very different depending upon
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whether the facility is operating under interim status or has
received a RCRA operating permit.
During interim status the Regional Administrator reviews
reported ground-water quality in order to determine first, whether
the facility is having an effect on the ground-water quality/ and
second, whether the effect is significant in consideration of the
type and proximity of ground-water users. Based on this review the
Regional Administrator has several options available. Among these
are: initiation of enforcement action under the imminent hazard
provisions of Section 7003 of RCRA; notifying the owner or operator
that he must, within six months, submit the Part B application for
a RCRA facility operating permit; and allowing the facility to
continue operation under interim status.
In contrast, a facility which is operating under a RCRA permit
and reporting ground-water quality in accordance with Part 264
requirements is reviewed by the Regional Administrator for compliance
with the ground-water protection provisions of the facility permit.
Unlike facilities under interim status, at permitted facilities
allowable ground-water effects have been determined in advance as
part of the permit review and approval process. As explained in
Background Document tt>. 7 Ground-Water Protection Standard,
allowable ground-water effects are determined separately and
individually for each facility seeking a RCRA operating permit in
consideration of: the pre-site ground-water quality; the current
and future ground-water users; the risk associated with current or
future use of the affected ground water; and, the predicted quality
of the ground water as it flows in aquifers away from the facility.
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As explained in a later portion of this Background Document, the
ground-water quality information obtained in accordance with Part
264 must also be used to verify predictions of plume migration and
as input data in periodically required re-predictions.
Therefore, since a large portion of the Part 264 ground-water
monitoring requirements are nearly identical to the Part 265
requirements, they are not discussed in this Background Document.
The reader is referred to the Part 265 Subpart F Background
Document, dated May 2, 1980, for those discussions. In this
Background Document the differences from the Part 265 requirements
are discussed and explained.
The proposed general status rule for ground-water monitoring
is structured in manner identical to Part 265 as follows:
§264.90 Applicability
§264.91 Ground-water monitoring system
§264.92 Sampling and analysis
§264.93 Preparation, evaluation and response
§264.94 Recordkeeping and reporting
The proposal requires that owners or operators establish a
monitoring program capable of determining permit compliance. Two
ground-water monitoring schemes are available, depending on whether
hazardous wastes or byproducts have entered the ground water. The
the ground water monitoring program requirements includes up and
down gradient wells, sampling and analysis, and well-by-well
comparisons of current and background values. The proposed
regulations provide for appropriate responses by the owner or
operator to the results of these comparisons.
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2. Applicability - §264.90
A. Proposed Regulation and Rationale
See the 2 May 1980 Background Document.
B. Summary of Comments
See the 2 May 1980 Background Document.
C. Discussion
The Part 265 ground-water monitoring requirements apply to
facilities used to treat, store or dispose of hazardous waste
including landfills, surface impoundments, and land treatment
facilities. These proposed Part 264 requirements apply to all
types of land disposal facilities. There has been a definitional
change, however; facilities which are used solely to store or
store and treat hazardous waste in surface impoundments or piles
from which the waste and waste residues will be removed at closure
need not comply with these proposed ground-water monitoring
requirements. The purpose of monitoring in accordance with Part
264 is to determine compliance with the ground water protection
requirements specified in the facility permit. The proposed
regulations specify different monitoring performance depending
upon the situation at the facility.
At new facilities, waste will not have been disposed of until
after permit award and, therefore, discharges from the facility will
not have occurred. At such facilities the initial monitoring of the
ground water is to be performed in the same manner as specified in
the part 265 regulations. That is, indicator parameters are to be
monitored to establish background quality and to detect the entry of
hazardous waste or decomposition byproducts into the ground water.
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The Agency requires this indicator monitoring/ as in Part
265, to lessen the analytical burden on owners and operators.
There is no purpose to analyzing for a large number of chemical
species which may be released from the facility until there is
reason to believe that a facility discharge has reached the ground
water. This indicator monitoring is also proposed to apply to
facilities which, prior to permit issuance, were operating under
interim status and monitoring the indicators in accordance with
Part 265, but which had not detected a discharge to the ground
water. At the remainder of the interim status facilities, where
discharges to ground water have already been detected at the time
of permit award, the ground-water quality monitoring requirement
is proposed so as to determine the subsequent effect on ground-water
quality from facility discharges. This information will be
periodically compared with the allowable ground-water quality
limits specified in the facility permit to determine compliance or
violation and will further provide input in performing periodic
re-predictions of ground-water quality in the aquifer downgradient
from the facility. While this proposed ground-water quality
monitoring requirement is very similar to the ground-water
assessment program of Part 265, it is more rigorous. The results
of the assessment program of Part 265 are reviewed by the Regional
Administrator to determine appropriate action, such as imminent
hazard enforcement or an order to file the Part B application for a
permit. The proposed Part 264 monitoring is to determine the
presence, migration and concentration of hazardous waste and any
products of reaction or decomposition of the hazardous waste or
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any other waste or medium, including the soil, with which in comes
in contact. The Part 265 monitoring is focused on hazardous waste
and hazardous waste constituents for which the waste was listed
under Section 3001 of RCRA.
While the Part 265 ground-water monitoring regulations include
a provision whereby an owner or operator can waive all or part of
the monitoring requirements, based upon a low potential for migration
(during the term of interim status) of hazardous waste into and
with the ground water to water supply wells, no similar provision
is included in the proposed Part 264 requirements. Any differences
from or lessening of the Part 264 requirements will be specified in
the facility permit, having been determined appropiate during the
permit application review and approval process.
D. Regulatory Language
§264.90 Applicability.
(a) Except as otherwise provided in this chapter, the owner or
operator of a land disposal facility as defined in §260.10 and
listed in §264.19, which is used to manage hazardous waste must
implement a ground-water monitoring program, capable of determining
compliance with or violation of the ground-water quality provisions
of the facility's permit, in accordance with the requirements of
this Subpart. Ground-water monitoring is required during the
active life of the facility, and if hazardous wastes or decomposition
byproducts remain after closure, during the post-closure period
as well.
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(b) The owner or operator of a facility from which hazardous
waste or decomposition byproducts have not entered the ground
water must install, operate and maintain a ground-water monitoring
system to detect any such entry which may occur.
(c) The owner or operator of a facility from which hazardous
waste or decomposition byproducts have entered the ground water
must install, operate and maintain a ground-water quality monitoring
system to measure the effect of discharges from the facility on
ground-water quality.
3. Ground-Water Monitoring System - §264.91
A. Proposed Regulation and Rationale
See the 2 May 1980 Background Document.
B. Summary of Comments
See the 2 May 1980 Background Document.
C. Discussion
For those permitted facilities monitoring the indicator
parameters to detect facility discharges to ground water, the
proposed Part 264 requirements are identical to the well locational
requirements included in Part 265. The proposed Part 264
requirements include a provision, not included in Part 265, which
authorizes use of a different monitoring well layout, other than
upgradient and downgradient, at facilities where the geohydrology
prevents compliance, such as location on a ground-water divide
(e.g., hilltop or ridge location).
For permitted facilities where a discharge to ground water is
already known to be occuring, the proposed Part 264 requirements
specify that the monitoring system must be "capable of yielding
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ground-water samples for analysis to provide sufficient ground-water
quality data to perform the comparisons and evaluations" specified
in another section of part 264, discussed below. The prescribed
well layout for this ground-water monitoring program consists of
one group of monitoring wells located at the downgradient edge of
the waste management area and a second group of monitoring wells
located at some distance downgradient from the waste management
area. Two downgradient well groupings are required so that changes
in the quality of the ground water can be measured as it flows
through the aquifer away from the facility. The rate of flow of
contaminated ground-water will also be directly measurable with
this layout. Part 264 does not specify the minimum number or
depths of the monitoring wells, since this will be facility specific
and reflected in the facility permit. These proposed Part 264
requirements define, as does Part 265, the waste management area
for both single and multi-unit facilities, and require monitoring
of the waste management area, not each operational unit. The
facility permit may, of course, require additional monitoring
within a waste management area.
Well casing, screening, and sealing requirements are included
in the proposed Part 264 regulations, as in the Part 265 regulations,
D. Regulatory Language
§264.91 Ground water monitoring system.
(a) A ground-water monitoring system, to detect the entry of
hazardous waste or decomposition byproducts from the facility
into ground water, must be capable of yielding ground-water samples
for analysis and must consist of:
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(1) Monitoring wells (at least one) installed hydaulically
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
surficial aquifer underlying the facility; and
(ii) Not affected by the facility; and
(2) Monitoring wells (at least three) installed hydaulically
downgradient (i.e., in the direction decreasing static head) at
the limit of the waste management area. Their number, locations,
and depths must enable the immediate detection of any statistically
significant amounts of hazardous waste or decomposition byproducts
that migrate from the waste management area to the surficial aquifer.
(b) If the monitoring system described in paragraph (a) of this
section cannot be utilized because of an inability to satisfy
well-locational requirements, then the owner or operator must
install an alternate ground-water monitoring system capable of
detecting the entry of any hazardous waste or decomposition byproducts
into the ground water.
(c) A ground-water monitoring system to measure the effect of
discharges from the facility on ground-water quality must be
capable of yielding ground-water samples for analysis to provide
sufficient ground-water quality data to perform the comparisons
and evaluations required in accordance with §§264.93(f), (g),
and (h) and must consist of:
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(1) Monitoring wells installed hydraulically downgradient
(i.e., in the direction decreasing static head) at the limit of
the waste management area. Their number, locations, and depths
must enable the detection and quantification of any hazardous
waste or decomposition byproducts from the facility which have
entered the ground water, and
(2) Monitoring wells installed hydraulically downgradient from
the limit of the waste management area. Their number, locations,
and depths must enable the detection and quantification of any
hazardous waste or decomposition byproducts from the facility which
have migrated via the ground water.
(d) Separate monitoring systems for each operational unit of a
facility are not required provided that provisions for sampling
upgradient and downgradient water quality enable detection and
measurement of any discharge from the waste management area (i.e.,
the limit projected in the horizontal plane as it would exist at
completion of the hazardous waste management activity).
(1) In the case of a facility consisting of only one land
disposal operational unit, the waste management area is described
by the waste boundary (perimeter).
(2) In the case of a facility consisting of more than one
operational unit, the waste management area is described by an
imaginary boundary line which circumscribes the several waste
management operational units.
(e) 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
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sand where necessary, to enable sample 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 - §264.92
A. Proposed Regulation and Rationale
See the 2 May 1980 Background Document.
B. Summary of Comments
See the 2 May 1980 Background Document.
C. Discussion
The proposed Part 264 requires, as does Part 265, that a
ground-water sampling and analysis plan be developed and followed
for each facility. For permitted facilities which are monitoring
the indicator parameters the proposed Part 264 requirements identify
the same indicator parameters as are specified in Part 265. In
Part 264, however, other suitable indicators may be substituted or
added as specified in the facility permit.
The proposed Part 264 requires that background concentrations
for each indicator parameter be established for each monitoring
well based on at least quarterly sampling for one year. In Part
265, background values for the indicator parameters are to be
established based upon samples from the upgradient wells only.
This was required based upon the assumption that upgradient ground
water would not have been contaminated by the facility. However,
downgradient ground water may or may not be contaminated by the
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facility. The initial well comparisons against upgradient
background ground water quality are required in Part 265 to address
downgradient ground water contamination. Well by well comparisons
are more informative when pre-facility background values are known
but are not appropriate for interim status facilities. Facilities
engaged in indicator parameter monitoring in accordance with the
proposed Part 264 regulations, however, can not have affected
downgradient ground water. For this reason, under Part 264, the
Agency has required that background values be established for each
monitoring well in the system and that all subsequent comparisons
for indicator parameters be on a well by well basis. As in Part
265, four replicate measurements are required for each parameter
at each well, and at least semi-annual sampling is required.
The proposed Part 264 regulations do not specify monitoring
parameters or frequency for facilities monitoring the quality of
affected ground water. They simply require that the monitoring
must yield the information specified in the facility permit and
that it provide sufficient basis for ground-water quality and plume
migration re-predictions. Required parameters and monitoring
frequency will be specified in the facility permit.
In Part 265, measurement of the elevation of the ground water
surface is required at each sampling event. This same requirement
is included in these proposed Part 264 regulations. In addition the
proposed requirements specify that for large seasonal fluctuations
(greater than 5 feet) in the water table elevation, or a substantial
variation (greater than 2 feet) in the relative ground-water
elevations between any two wells, the measurements be taken monthly.
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D. Regulatory Language
§264.92 Sampling and analysis.
(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.
(b) The owner or operator with a ground-water monitoring system
installed to comply with the requirements of §264.91(a) must:
(1) determine the concentration or value of the following or
other suitable parameters, used as indicators of ground-water
contamination, in ground-water samples obtained from monitoring
wells in accordance with paragraphs (b)(2), (b)(3), and (b)(4)
of this section:
(i) pH
(ii) Specific Conductance
(iii) Total Organic Carbon
(iv) Total Organic Halogen
(2) For each monitoring well, establish initial background
concentrations or values of the indicator parameters specified in
paragraph (b)(l) of this section, based on at least quarterly
sampling for one year.
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(3) For each of the indicator parameters specified in paragraph
(b)(l) of this section, obtain at least four replicate measurements
for each sample and determine the initial background arithmetic
mean and variance for each well by pooling the replicate measurements
for the respective parameter concentrations or values in samples
obtained from each well during the year.
(4) After the first year, all monitoring wells must be sampled
and the samples analyzed at least semiannually.
(c) The owner or operator with a ground-water monitoring system
installed to comply with the requirements of §264.91(c) must
determine the concentrations of hazardous waste and decomposition
byproducts in ground-water samples obtained with such frequency as
necessary to enable the evaluations specified in §§264.93(f),(g),
and (h).
(d) Elevation of the ground-water surface at each monitoring
well must be measured each time a sample is obtained and, if such
measurements show a seasonal variation in excess of five feet or a
variation in the relative elevation of the ground-water between
any two wells in excess of two feet, measured monthly. All
ground-water elevation measurements will be recorded as a distance
measurement from the reference elevation on the well head, and
with respect to mean sea level based on USGS or USC&GS datum.
5. Preparation, evaluation and response - §264.93
A. Proposed Regulation and Rationale
See the 2 May 1980 Background Document.
B. Summary of Comments
See the 2 May 1980 Background Document.
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C. Discussion
Proposed Part 264 adopts the Part 265 comparison requirements
for facilities monitoring the indicator parameters with two minor
differences. First, comparisons are to be made on a well by well
basis, as explained in the previous section of this document.
Second, the use of the Student's t-test for statistical comparisons
is specified but the regulation also allows the use of other
suitable statistical or quality control techniques for comparisons.
The greater opportunity for owner-Agency dialogue in general
status permit procedures allow Agency review and approval of
specific schemes of monitoring which may be more appropriate to
individual facilities.
For facilities monitoring ground-water quality, monitoring
wells must be placed along the probable pathways for constituents
and byproducts, and predicted ground-water quality must be compared
with measured water quality in that pathway. While the owner or
operator of an interim status facility need only be prepared with
an outline of the assessment program these proposed requirements
call for a complete monitoring plan.
The objective of the ground-water monitoring requirements for
both interim status and general status is to provide prompt
determinations of the entry, measurements of the rate and extent
of migration, and measurements of the concentration of hazardous
wastes and decomposition byproducts in ground water. The monitoring
systems and plans established for a land disposal facility must be
demonstrated to be capable of providing the sampling data needed
for these purposes.
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As discussed in the 2 May 1980 background document, the
detection monitoring requirements establish a de-minimus monitoring
system to provide a reasonably sure determination of whether or not
a facility was in fact affecting the ground water due to the entry
of discharge from the facility. In those cases where it is patently
obvious that hazardous wastes or decompostion byproducts from the
facility have entered the ground water, this screening process would
be of little or no value.
For facilities on interim status, the Agency requires only an
outline of a water quality assessment plan. The intent is to have
the owner or operator prepared to develop and implement assessment
monitoring upon detection of the entry of hazardous wastes or
decomposition byproducts into the ground water. It is expected that
detection monitoring wilJ provide some specificity of the pathway
and constituents of a discharge, which will assist the owner or
operator in the development of the assessment plan. Developing the
plan with detection monitoring experience and data available should
allow the assessment plan to be better focused on the particular
characteristics of discharges from the facility.
In Part 264, while the specification of a two step initiation of
an assessment plan is deleted, the process will not be greatly
different. The owner or operator of an existing facility already
monitoring the ground water under interim status will have detection
monitoring data available, and even if that monitoring has not shown
entry, may have gained some additional understanding of the ground
water flow system associated with his facility, ffawever, the owner
or operator of a new facility will have to develop his plan without
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the information which might be gained from detection monitoring.
The Agency intends that the ground water quality assessment plan,
to be specified in the facility permit based on the monitoring
plan proposed by the permit applicant, will be a phased plan. It
is anticipated that data collection, analysis, and evaluation will
be iteratively pursued. For example, the plan might specify that
earth resistivity surveys will be conducted of a period of three
months during initial facility operation, that the surveys will be
analyzed, and that the information will be evaluated so as the
determine the most appropriate sampling well locations. The Agency
also expects that well installation, sampling, and analysis will
be staged so that the first wells to be installed will be evaluated
and provide additional data for decisions on other well locations.
There is also no expectation that the first submission of a
ground water quality assessment plan must be a rigidly defined plan
of events and actions. Provision is made to modify and improve the
plan tri-annually in accordance with the requirements of §122.28(f).
Therefore the initial submission of the plan, although it must be
a commitment to a full scale monitoring system, can be focused on
the near term initial monitoring and be less specific with respect
to the future full scope of the ultimate monitoring system. The
ultimate monitoring system will be better defined in conjunction
with the tri-annual report required in §122.28(f) based on the
experience and knowledge gained in the tri-annual re-predictions
and monitoring of the development of the leachate plume.
The assessment plan, the tri-annual migration predictions,
and the predicted quality vs. monitored quality data comparisons
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are proposed in Part 264 as tools to check permit compliance. The
system will provide both the Itegional Administrator and the owner
or operator of the facility with an early warning of any failure
of the facility to perform in accordance with expectations. The
ground-water quality assessment requirements are designed to measure
the real impact of the facility on the environment. Based on the
assessments, adjustments may be made to the facility or in the
operation of the facility to assure permit compliance and to avoid
adverse human health or environmental effects.
The product of the assessment plan, i.e., the assessments and
tri-annual repredictions will be a basis for considering needed
alterations to the permit for a facility. It will also be the
basis upon which decisions may be made regarding the continuing
acceptability of a discharge based on projected future permit
compliance; and the need for public hearings in the event a permit
modification is indicated.
Three errors in referencing other paragraphs of the regulations
have been corrected in paragraphs (f) and (g) wherein §§264.92(c)(1)
and (2) were referenced instead of §§264.91(c)(1) and (2).
D. Regulatory Language
§264.93 Preparation, evaluation, and response.
(a) The owner or operator with a ground-water monitoring system
installed to comply with the requirements of §264.91(a) must have
an approved plan for a ground-water contamination assessment program.
The plan must describe a ground-water monitoring program capable
of determining whether hazardous waste or decomposition byproducts
from the facility have entered the ground water.
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(b) For each well sampled in accordance with §264.92(b)(4), the
owner or operator must calculate the arithmetic mean and variance,
based on at least four replicate measurements on each sample, for
each indicator parameter specified in §264.92(b)(1), and compare
these results with the respective intitial background arithmetic
means established in accordance with §264.92(b)(3). These comparisons
must consider individually each of the wells in the monitoring
system and must include:
(1) The Student's t-test at the 0.01 level of significance to
determine statistically significant changes from initial background
concentrations or values, or
(2) A suitable statistical comparison, other than the Student's
t-test, or suitable quality control procedure (e.g., tolerance
intervals) to determine unanticipated changes from initial background
concentrations or values.
(c) If the comparisons made under paragraph (b) of this section
for the upgradient wells show a significant change the owner or
operator must:
(1) Determine whether the facility has caused the significant
change,
(2) Determine whether the facility ground-water monitoring
program must be modified to enable compliance with the requirements
of §264.90(a) and (b) ,
(3) Notify in writing the Ragional Mministrator of his findings
and of his proposed modifications to the facility ground-water
monitoring program, and
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(4) Reinstate the original or an approved ground-water
monitoring program for the facility.
(d) If the comparisons made under paragraph (b) of this section
show a significant increase (or pH decrease), the owner or operator
must:
(1) Implement the plan for a ground-water contamination
assessment program which meets the requirements of paragraph (a)
of this section, and
(2) Determine, as soon as technically feasible, whether
hazardous waste or decomposition byproducts from the facility
have entered ground water.
(e)(l) If the determinations performed in accordance with
paragraph (d)(2) of this section support a conclusion that no
hazardous waste or decomposition byproducts from the facility have
entered the ground water, the owner or operator must:
(i) Notify in writing the tegional A3ministrator of his findings
and propose for approval any modifications to the facility ground-
water monitoring program, and
(ii) Reinstate the original or an approved modified ground-
water monitoring program for the facility.
(2) If the determinations performed in accordance with paragraph
(d)(2) of this section support a conclusion that hazardous waste
or decomposition byproducts from the facility have entered the
ground water, the owner or operator must implement a ground-water
monitoring program in accordance with §§264.90(a) and (c) .
(f) The owner or operator with a ground-water monitoring system
installed to comply with the requirements of §264.91(c) must predict
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the anticipated reduction in the concentration of hazardous
waste and decomposition byproducts in the ground water between
monitoring wells specified in §264.91(c)(1) and those specified in
§264.91(c)(2), initially and annually thereafter.
(g) At least annually the owner or operator must compare the
quality of ground water samples obtained from the monitoring
wells required in accordance with §264.91(c)(2) with the predicted
quality in accordance with paragraph (f) of this section and include
an analysis of this comparison with the annual report.
(h) The owner or operator must use the data generated by the
ground-water quality monitoring program required in accordance
with §§264.90(a) and (c) , in preparing the tri-annual reprediction
required in accordance with §122.28(f).
6. Recordkeeping and Reporting - §264.94
A. Proposed Regulation and Rationale
See the 2 May 1980 Background Document.
B. Summary of Comments
See the 2 May 1980 Background Document.
C. Discussion
The proposed requirements provide simply that the owner or
operator must maintain records of all analyses and evaluations
of ground-water quality and surface elevations required, and report
annually to the Regional Administrator concerning the values,
concentrations, comparisons and calculations which are required to
evaluate facility performance.
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D. Regulatory Language
§264.94 Recordkeeping and reporting.
(a) The owner or operator must keep records of all analyses
and evaluations of ground-water quality and surface elevations
required in accordance with this subpart.
(b) The owner or operator must report the following information
to the Regional Administrator:
(1) The results of evaluations made in accordance with the
requirements specified in §§264.93(c),(e).
(2) Annually: the concentrations or values determined in
accordance with §§264.92(b),(c), and (d) along with the evaluations
required under §§264.93(b) and (g). During the active life of the
facility, this information must be submitted as part of the annual
report required under §264.75.
7. Triannual reprediction of leachate plume migration - §122. 28(f)
A. Proposed Regulation and Rationale
N/A
B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 PR 11158
D. Regulatory Language
In §122.28, a new paragraph (f) is added to read as follows:
§122.28 Additional conditions applicable to all RCRA permits.
(f) The following report shall be submitted by the permittee
to the Director on March 1 of the year following three full years
of permitted operation, based on an October 1 through September 30
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year (i.e., not a calander year) and tri-annually thereafter during
the active life and post-closure period of the facility.
(1) A modified prediction prepared in accordance with the
permit application requirements of §122.25(d); and
(2) Proposed modifications to the monitoring and (if necessary)
modeling program describer in accordance with the permit application
requirements of §122.25.
8. Modification or revocation and reissuance of permits
- §122.15(a)(8)
A. Proposed Regulation and Rationale
N/A
B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 PR 11151
D. Regulatory Language
In §122.15, paragraph (a) (8) is added to read as follows:
§122.15 Modification or revocation and reissuance of permits.
(a) * * *
(8) For RCRA only, based on the repredictions required in
§122.28(f );
(i) When the repredictions indicate that the limits established
in accordance with §§122.25(d)(3) and (4) have not or will not be
met, the report required in §122.28(f) shall include a request for
modification of the permit to:
(A) reduce the rate of waste disposal defined in accordance
with 122.25(d)(l)(iii); or
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(B) increase the zones of permitted effects defined in
accordance with §§122.25(d)(3)(v) and (4)(iv).
(ii) the permittee may include in the report required in
§122, 28(f), a request for modification of the permit to reduce the
zones of permitted effects.
(iii) if, in the opinion of the Director, the zones of permitted
effects are substantially unrelated to actual zones of effects based
on monitoring and modeling, the Director that the permittee redefine
the zones to more closely reflect the actual zones of effects which
exist and are predicted.
9. Minor modification of permits - §122.17(a)(8)
A. Proposed Regulation and Rationale
N/A
B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 FR 11151
D. Regulatory Language
In §122.17, paragraph (e)(3) is added to read as follows:
§122.17 Minor modifications of permits.
(e) * * *
(3) Reduce the rate of waste disposal in accordance with
§122.15(a)(8)(i) or decrease the zone of permitted effects in
accordance with §§122.15(a) (8 ) ( ii) or (iii).
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IV. NEED FOR THE REGULATION (Air emission monitoring)
As noted in the introduction, these air emission monitoring
requirements are being proposed to establish the means of evaluating
and verifying the predictions of air emissions required as a
function permit issuance. The need for control over air emissions
from land disposal facilities is not at issue in this Subpart, and
is established by reference to the summaries of damage cases
arranged by type of facility which was the source (e.g., landfills,
surface impoundments, etc.).
V. ANALYSIS OF THE REGULATION (Air emission monitoring)
Since the agency had not previously proposed air monitoring
requirements and since the scope of the air monitoring requirements
being proposed was based on predictions of air impact being
verified; the agency prepared a document "Land Disposal Toxic Air
Bnissions Evaluation Guideline" to describe and support procedures
for assessing downwind impact.
That document has been widely distributed and, together with
the sections of the preamble noted below, serves as the primary
background reference for the air emission monitoring requirements.
The format of the regulatory provisions have been written to parallel
the ground-water monitoring requirements. A minor supplement to
the guidance document entitled "Collection of Publications on
Techniques and Appartus for Ambient Air Sampling" has also been
added to the docket record.
The guidance document is broader in scope than the air
monitoring requirements and is concentrated on the types of
predictive techniques which are available to evaluate air impacts.
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A more complete analysis of the air monitoring requirements will
be undertaken in conjunction with the promulgation of final air
monitoring regulations after the agency has had the oppurtunity
to review comments on the proposal.
1. Applicability - §264.90
A. Proposed Regulation and Rationale
N/A
B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 FR 11141
D. Regulatory Language
§264.90 Applicability.
(d) The owner or operator of a facility from which hazardous
waste or decomposition byproducts are emitted into the air must
establish and operate an air monitoring program to measure the
effect of the facility on ambient air quality, and the locations
of gaseous release from below the surface of the ground or the
surface of wastes placed into or on the land.
2. Air emission monitoring system - §264.95
A. Proposed Regulation and Rationale
N/A
B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 FR 11141-42
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D. Regulatory Language
§264.95 Air emission monitoring system.
(a) An air emission monitoring system to measure the effect
of the facility on ambient air quality must be capable of yielding
ambient air samples for analysis to provide sufficient ambient air
quality data to perform the comparisons and evaluations required
in accordance with §264.97{a), (b) , and (c) and must consist of:
(1) Monitoring air samplers installed upwind at or beyond the
limit of the waste management area to yield air samples that are:
{i) Representative of background ambient air quality in the
atmosphere upwind of the facility, and
(ii) Not affected by the facility; and
(2) Monitoring air samplers installed downwind at or beyond
the limit of the waste management area. Their number and locations
must enable the detection and quantification of any hazardous
constituents or decomposition byproducts from the facility which
have been transported via atmospheric dispersion, and
(3) Wind direction and speed indicators to determine wind
direction and speed. Their number and locations must enable the
upwind and downwind use of monitoring air samplers installed in
accordance with (a)(l) and (a)(2) of this section, and the evaluations
required in accordance with §264. 97 (a), ( b) , ( c) , and (f).
(b) If the air monitoring system described in paragraph (a)
of this section cannot be utilized because of an inability to
satisfy locational requirements, then the owner or operator must
install an alternate air emission monitoring system capable of
providing sufficient quantity of ambient quality data equivalent
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to the requirements of paragraph (a) of this Section.
(c) An air emission monitoring system, to detect the locations
of a gaseous release must enable the immediate detection of the
emissions of any hazardous constituents or decomposition byproducts
which have migrated from the limit of the waste management area
defined in §122.25(d)(3 ).
3. Air emission sampling and analysis - §264.96
A. Proposed Regulation and Rationale
N/A
B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 FR 11142
D. Regulatory Language
§264.96 Air emission sampling and analysis.
(a) The owner or operator must obtain and analyze samples
from the installed air emission monitoring system. The owner or
operator must develop and follow an ambient air 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, including types of contaminant to
be analyzed;
(4) Collection of wind direction, speed, and stability data; and
(5) Chain of custody control.
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(b) The owner or operator with an air emission monitoring
system installed to comply with requirements of §264.95(a) must:
(1) determine the concentrations of hazardous constituents
and decomposition byproducts in ambient air samples in accordance
with (b)(2) of this section.
(2) For each air upwind and downwind sampler site, obtain at
least four upwind or downwind concentrations taken preferably on
an equal interval over a three month period and determine the
arithmetic mean and variance.
(c) The owner or operator with an air emission monitoring
system to comply with the requirements of §264.95(c) must monitor
two times per year with a portable or other equivalent detection
device the concentration of the following or other suitable parameters,
used as indicators to detect the location of migrated gaseous
emissions:
(1) Total hydrocarbons; and
(2) Total halogenated compounds.
(d) The owner or operator with an air emission monitoring
system implementing the requirements of §264.95(a) and (c) must
determine the wind direction and speed, and other meteorological
conditions any time air or air emissions are sampled, as necessary
for the evaluations required in accordance with §264.97(a), (b),
( c), and ( f) .
4. Air emission evaluation and response - §264.97
A. Proposed Regulation and Rationale
N/A
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B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 FR 11142-43
D. Regulatory Language
§264.97 Air emission evaluation and response.
(a) The owner or operator with an ambient air monitoring
system installed to comply with the requirements of §264.95(a)
must predict the anticipated concentration of hazardous constituents
and decomposition byproducts in the ambient air at the downwind
monitoring sampler sites taking into account the upwind concentration,
initially and quarterly thereafter.
(b) Quarterly the owner or operator must compare the quality
of ambient air samples obtained from the downwind air monitoring
sites required in accordance with §264.95(a)(2) with the predicted
quality in accordance with paragraph (a) of this section and include
an analysis of the quarterly comparison with the annual report.
(c) Annually the owner or operator must repredict, based on
data generated by the air monitoring program required in accordance
with §264.90(d), the anticipated effect of the facility on ambient
air quality. The anticipated effect must include at a minimum the
worst condition, quarterly, and annual effects.
(d) As part of the annual report required under §264.75, the
owner or operator must compare the anticipated effect of the facility
on ambient air quality as repredicted in accordance with paragraph (c)
of this section with the provisions of the facility permit.
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(e) If the comparisons made under paragraph (d) of this section
show non-compliance with permit provisions on ambient air quality,
the owner or operator must:
(1) Determine whether the facility disposal practice must be
modified to enable compliance with the requirements of the permit,
and
(2) Include his findings and his proposed modifications to
the facility disposal practice in the annual report required under
§264.75.
( f) The owner or operator with an air emission monitoring
system to comply with the requirements of §264.95(c) must have
an approved plan for an air and area contamination assessment
program. The plan must describe an air emission monitoring program
capable of identifying the location of gaseous release migrated
from the limit of the waste management area, and capable of assessing
the effect on ambient air quality in the affected area.
(g) If monitoring performed to comply with the requirements
of §264.96(c) shows a detection of gaseous release, the owner or
operator must implement the plan for an air and area contamination
assessment program which meets the requirements of paragraph (f)
of this section.
(h) After implementation of the plan in accordance
with paragraph (g) of this section, the owner or operator must
compare the extent of migration and the assessment with the provisions
of the facility permit and in accordance with the provisions of the
plan, provide an analysis of this comparison in writing to the
Regional Administrator.
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5. Air emission recordkeeping and reporting - §264.98
A. Proposed Regulation and Rationale
N/A
B. Summary of Comments
N/A
C. Discussion
See the Preamble at 46 FR 11143
D. Regulatory Language
§264.98 Air emission recordkeeping and reporting.
(a) The owner or operator must keep records of all analyses
and evaluations of ambient air quality, wind direction and speed,
and air emissions required in accordance with this subpart.
(b) The owner or operator must report the following information
to the Regional Administrator:
(1) The results of evaluations made in accordance with the
requirements specified in §264.97(d), (e), and (h).
(2) Annually: the concentrations or values determined in
accordance with §264.96(b), (c), and (d) along with the evaluations
required under §264.97(b). During the active life of the facility,
this information must be submitted as part of the annual report
required under §264.75.
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