[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: 40CFR264.98]

[Page 230-232]
 
                   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. 264.98  Detection monitoring program.

    An owner or operator required to establish a detection monitoring 
program under this subpart must, at a minimum, discharge the following 
responsibilities:
    (a) The owner or operator must monitor for indicator parameters 
(e.g., specific conductance, total organic carbon, or total organic 
halogen), waste constituents, or reaction products that provide a 
reliable indication of the presence of hazardous constituents in ground 
water. The Regional Administrator will specify the parameters or 
constituents to be monitored in the facility permit, after considering 
the following factors:
    (1) The types, quantities, and concentrations of constituents in 
wastes managed at the regulated unit;
    (2) The mobility, stability, and persistance of waste constituents 
or their reaction products in the unsaturated zone beneath the waste 
management area;
    (3) The detectability of indicator parameters, waste constituents, 
and reaction products in ground water; and
    (4) The concentrations or values and coefficients of variation of 
proposed monitoring parameters or constituents in the ground-water 
background.
    (b) The owner or operator must install a ground-water monitoring 
system at the compliance point as specified under Sec. 264.95. The ground-
water

[[Page 231]]

monitoring system must comply with Sec. 264.97(a)(2), (b), and (c).
    (c) The owner or operator must conduct a ground-water monitoring 
program for each chemical parameter and hazardous constituent specified 
in the permit pursuant to paragraph (a) of this section in accordance 
with Sec. 264.97(g). The owner or operator must maintain a record of 
ground-water analytical data as measured and in a form necessary for the 
determination of statistical significance under Sec. 264.97(h).
    (d) The Regional Administrator will specify the frequencies for 
collecting samples and conducting statistical tests to determine whether 
there is statistically significant evidence of contamination for any 
parameter or hazardous constituent specified in the permit under 
paragraph (a) of this section in accordance with Sec. 264.97(g). A sequence 
of at least four samples from each well (background and compliance 
wells) must be collected at least semi-annually during detection 
monitoring.
    (e) The owner or operator must determine the ground-water flow rate 
and direction in the uppermost aquifer at least annually.
    (f) The owner or operator must determine whether there is 
statistically significant evidence of contamination for any chemical 
parameter of hazardous constituent specified in the permit pursuant to 
paragraph (a) of this section at a frequency specified under paragraph 
(d) of this section.
    (1) In determining whether statistically significant evidence of 
contamination exists, the owner or operator must use the method(s) 
specified in the permit under Sec. 264.97(h). These method(s) must compare 
data collected at the compliance point(s) to the background ground-water 
quality data.
    (2) The owner or operator must determine whether there is 
statistically significant evidence of contamination at each monitoring 
well as the compliance point within a reasonable period of time after 
completion of sampling. The Regional Administrator will specify in the 
facility permit what period of time is reasonable, after considering the 
complexity of the statistical test and the availability of laboratory 
facilities to perform the analysis of ground-water samples.
    (g) If the owner or operator determines pursuant to paragraph (f) of 
this section that there is statistically significant evidence of 
contamination for chemical parameters or hazardous constituents 
specified pursuant to paragraph (a) of this section at any monitoring 
well at the compliance point, he or she must:
    (1) Notify the Regional Administrator of this finding in writing 
within seven days. The notification must indicate what chemical 
parameters or hazardous constituents have shown statistically 
significant evidence of contamination;
    (2) Immediately sample the ground water in all monitoring wells and 
determine whether constituents in the list of appendix IX of part 264 
are present, and if so, in what concentration.
    (3) For any appendix IX compounds found in the analysis pursuant to 
paragraph (g)(2) of this section, the owner or operator may resample 
within one month and repeat the analysis for those compounds detected. 
If the results of the second analysis confirm the initial results, then 
these constituents will form the basis for compliance monitoring. If the 
owner or operator does not resample for the compounds found pursuant to 
paragraph (g)(2) of this section, the hazardous constituents found 
during this initial appendix IX analysis will form the basis for 
compliance monitoring.
    (4) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to establish a compliance 
monitoring program meeting the requirements of Sec. 264.99. The application 
must include the following information:
    (i) An identification of the concentration or any appendix IX 
constituent detected in the ground water at each monitoring well at the 
compliance point;
    (ii) Any proposed changes to the ground-water monitoring system at 
the facility necessary to meet the requirements of Sec. 264.99;
    (iii) Any proposed additions or changes to the monitoring frequency, 
sampling and analysis procedures or methods, or statistical methods used 
at

[[Page 232]]

the facility necessary to meet the requirements of Sec. 264.99;
    (iv) For each hazardous constituent detected at the compliance 
point, a proposed concentration limit under Sec. 264.94(a) (1) or (2), or a 
notice of intent to seek an alternate concentration limit under Sec. 
264.94(b); and
    (5) Within 180 days, submit to the Regional Administrator:
    (i) All data necessary to justify an alternate concentration limit 
sought under Sec. 264.94(b); and
    (ii) An engineering feasibility plan for a corrective action program 
necessary to meet the requirement of Sec. 264.100, unless:
    (A) All hazardous constituents identified under paragraph (g)(2) of 
this section are listed in Table 1 of Sec. 264.94 and their concentrations 
do not exceed the respective values given in that Table; or
    (B) The owner or operator has sought an alternate concentration 
limit under Sec. 264.94(b) for every hazardous constituent identified under 
paragraph (g)(2) of this section.
    (6) If the owner or operator determines, pursuant to paragraph (f) 
of this section, that there is a statistically significant difference 
for chemical parameters or hazardous constituents specified pursuant to 
paragraph (a) of this section at any monitoring well at the compliance 
point, he or she may demonstrate that a source other than a regulated 
unit caused the contamination or that the detection is an artifact 
caused by an error in sampling, analysis, or statistical evaluation or 
natural variation in the ground water. The owner operator may make a 
demonstration under this paragraph in addition to, or in lieu of, 
submitting a permit modification application under paragraph (g)(4) of 
this section; however, the owner or operator is not relieved of the 
requirement to submit a permit modification application within the time 
specified in paragraph (g)(4) of this section unless the demonstration 
made under this paragraph successfully shows that a source other than a 
regulated unit caused the increase, or that the increase resulted from 
error in sampling, analysis, or evaluation. In making a demonstration 
under this paragraph, the owner or operator must:
    (i) Notify the Regional Administrator in writing within seven days 
of determining statistically significant evidence of contamination at 
the compliance point that he intends to make a demonstration under this 
paragraph;
    (ii) Within 90 days, submit a report to the Regional Administrator 
which demonstrates that a source other than a regulated unit caused the 
contamination or that the contamination resulted from error in sampling, 
analysis, or evaluation;
    (iii) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to make any appropriate changes to 
the detection monitoring program facility; and
    (iv) Continue to monitor in accordance with the detection monitoring 
program established under this section.
    (h) If the owner or operator determines that the detection 
monitoring program no longer satisfies the requirements of this section, 
he or she must, within 90 days, submit an application for a permit 
modification to make any appropriate changes to the program.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 25946, July 9, 1987; 53 FR 39729, Oct. 11, 1988]