[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR194.42]



[Page 53]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 194_CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE 

ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL 

REGULATIONS--Table of Contents

 

         Subpart C_Compliance Certification and Re-certification

 

Sec.  194.42  Monitoring.



    (a) The Department shall conduct an analysis of the effects of 

disposal system parameters on the containment of waste in the disposal 

system and shall include the results of such analysis in any compliance 

application. The results of the analysis shall be used in developing 

plans for pre-closure and post-closure monitoring required pursuant to 

paragraphs (c) and (d) of this section. The disposal system parameters 

analyzed shall include, at a minimum:

    (1) Properties of backfilled material, including porosity, 

permeability, and degree of compaction and reconsolidation;

    (2) Stresses and extent of deformation of the surrounding roof, 

walls, and floor of the waste disposal room;

    (3) Initiation or displacement of major brittle deformation features 

in the roof or surrounding rock;

    (4) Ground water flow and other effects of human intrusion in the 

vicinity of the disposal system;

    (5) Brine quantity, flux, composition, and spatial distribution;

    (6) Gas quantity and composition; and

    (7) Temperature distribution.

    (b) For all disposal system parameters analyzed pursuant to 

paragraph (a) of this section, any compliance application shall document 

and substantiate the decision not to monitor a particular disposal 

system parameter because that parameter is considered to be 

insignificant to the containment of waste in the disposal system or to 

the verification of predictions about the future performance of the 

disposal system.

    (c) Pre-closure monitoring. To the extent practicable, pre-closure 

monitoring shall be conducted of significant disposal system 

parameter(s) as identified by the analysis conducted pursuant to 

paragraph (a) of this section. A disposal system parameter shall be 

considered significant if it affects the system's ability to contain 

waste or the ability to verify predictions about the future performance 

of the disposal system. Such monitoring shall begin as soon as 

practicable; however, in no case shall waste be emplaced in the disposal 

system prior to the implementation of pre-closure monitoring. Pre-

closure monitoring shall end at the time at which the shafts of the 

disposal system are backfilled and sealed.

    (d) Post-closure monitoring. The disposal system shall, to the 

extent practicable, be monitored as soon as practicable after the shafts 

of the disposal system are backfilled and sealed to detect substantial 

and detrimental deviations from expected performance and shall end when 

the Department can demonstrate to the satisfaction of the Administrator 

that there are no significant concerns to be addressed by further 

monitoring. Post-closure monitoring shall be complementary to monitoring 

required pursuant to applicable federal hazardous waste regulations at 

parts 264, 265, 268, and 270 of this chapter and shall be conducted with 

techniques that do not jeopardize the containment of waste in the 

disposal system.

    (e) Any compliance application shall include detailed pre-closure 

and post-closure monitoring plans for monitoring the performance of the 

disposal system. At a minimum, such plans shall:

    (1) Identify the parameters that will be monitored and how baseline 

values will be determined;

    (2) Indicate how each parameter will be used to evaluate any 

deviations from the expected performance of the disposal system; and

    (3) Discuss the length of time over which each parameter will be 

monitored to detect deviations from expected performance.