[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.94]

[Page 226-227]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
          Subpart F--Releases From Solid Waste Management Units
 
Sec. 264.94  Concentration limits.

    (a) The Regional Administrator will specify in the facility permit 
concentration limits in the ground water for hazardous constituents 
established under Sec. 264.93. The concentration of a hazardous 
constituent:
    (1) Must not exceed the background level of that constituent in the 
ground water at the time that limit is specified in the permit; or
    (2) For any of the constituents listed in Table 1, must not exceed 
the respective value given in that table if the background level of the 
constituent is below the value given in Table 1; or

[[Page 227]]



     Table 1--Maximum Concentration of Constituents for Ground-water
                               Protection
------------------------------------------------------------------------
                                                            Maximum
                     Constituent                       concentration \1\
------------------------------------------------------------------------
Arsenic..............................................        0.05
Barium...............................................        1.0
Cadmium..............................................        0.01
Chromium.............................................        0.05
Lead.................................................        0.05
Mercury..............................................        0.002
Selenium.............................................        0.01
Silver...............................................        0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy                   0.0002
 1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8-
 dimethano naphthalene)..............................
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma            0.004
 isomer).............................................
Methoxychlor (1,1,1-Trichloro-2,2-bis (p-                    0.1
 methoxyphenylethane)................................
Toxaphene (C10H10Cl6, Technical chlorinated camphene,        0.005
 67-69 percent chlorine).............................
2,4-D (2,4-Dichlorophenoxyacetic acid)...............        0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic             0.01
 acid)...............................................
------------------------------------------------------------------------
\1\ Milligrams per liter.

    (3) Must not exceed an alternate limit established by the Regional 
Administrator under paragraph (b) of this section.
    (b) The Regional Administrator will establish an alternate 
concentration limit for a hazardous constituent if he finds that the 
constituent will not pose a substantial present or potential hazard to 
human health or the environment as long as the alternate concentration 
limit is not exceeded. In establishing alternate concentration limits, 
the Regional Administrator will consider the following factors:
    (1) Potential adverse effects on ground-water quality, considering:
    (i) The physical and chemical characteristics of the waste in the 
regulated unit, including its potential for migration;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity of ground water and the direction of ground-water 
flow;
    (iv) The proximity and withdrawal rates of ground-water users;
    (v) The current and future uses of ground water in the area;
    (vi) The existing quality of ground water, including other sources 
of contamination and their cumulative impact on the ground-water 
quality;
    (vii) The potential for health risks caused by human exposure to 
waste constituents;
    (viii) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents;
    (ix) The persistence and permanence of the potential adverse 
effects; and
    (2) Potential adverse effects on hydraulically-connected surface-
water quality, considering:
    (i) The volume and physical and chemical characteristics of the 
waste in the regulated unit;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity and quality of ground water, and the direction of 
ground-water flow;
    (iv) The patterns of rainfall in the region;
    (v) The proximity of the regulated unit to surface waters;
    (vi) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters;
    (vii) The existing quality of surface water, including other sources 
of contamination and the cumulative impact on surface water quality;
    (viii) The potential for health risks caused by human exposure to 
waste constituents;
    (ix) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents; and
    (x) The persistence and permanence of the potential adverse effects.
    (c) In making any determination under paragraph (b) of this section 
about the use of ground water in the area around the facility the 
Regional Administrator will consider any identification of underground 
sources of drinking water and exempted aquifers made under Sec. 144.8 of 
this chapter.

[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]