La. Admin. Code tit. 33 § V-3317

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-3317 - 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 groundwater. The authority 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 persistence 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 groundwater; and

4. the concentrations or values, and coefficients of variation of proposed monitoring parameters or constituents in the groundwater background.

B. The owner or operator must install a groundwater monitoring system at the compliance point as specified under LAC 33:V.3311. The groundwater monitoring system must comply with LAC 33:V.3315.A.2, B, and C.

C. The owner or operator must conduct a groundwater monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to LAC 33:V.3317.A in accordance with LAC 33:V.3315.G. The owner or operator must maintain a record of groundwater analytical data as measured and in a form necessary for the determination of statistical significance under LAC 33:V.3315.H.

D. The administrative authority 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 Subsection A of this Section in accordance with LAC 33:V.3315.G.

E. The owner or operator must use procedures and methods for sampling and analysis that meet the requirements of LAC 33:V.3315.D and E.

F. The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the permit pursuant to LAC 33:V.3317.A at a frequency specified under LAC 33:V.3317.D.

1. In determining whether statistically significant evidence of contamination exists, the owner or operator must use the method(s) specified in the permit under LAC 33:V.3315.H. These method(s) must compare data collected at the compliance point(s) to the background groundwater quality data.

2. The owner or operator must determine whether there is statistically significant evidence of contamination at each monitoring well at the compliance point within a reasonable period of time after completion of sampling. The administrative authority will specify in the facility permit what period is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of groundwater samples.

G. If the owner or operator determines pursuant to LAC 33:V.3317.F that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to LAC 33:V.3317.A at any monitoring well at the compliance point, he or she must do the following.

1. Notify the administrative authority 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 groundwater in all monitoring wells and determine whether constituents listed in LAC 33:V.3325, Table 4 are present, and if so, in what concentrations. However, the administrative authority, on a discretionary basis, may allow sampling for a site-specific subset of constituents from LAC 33:V.3325, Table 4 and other representative/related waste constituents.

3. For any LAC 33:V.3325 compounds found in the analysis pursuant to Paragraph G.2 of this Section, the owner or operator may resample within one month or at an alternative site-specific schedule approved by the administrative authority 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 LAC 33:V.3325, Table 4 analysis will form the basis for compliance monitoring.

4. Within 90 days, submit to the Office of Environmental Services an application for a permit modification to establish a compliance monitoring program meeting the requirements of LAC 33:V.3319. The application must include the following information:

a. an identification of the concentration of any LAC 33:V.3325, Table 4 constituent detected in the groundwater at each monitoring well at the compliance point;

b. any proposed changes to the groundwater monitoring system at the facility necessary to meet the requirements of LAC 33:V.3319;

c. any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of LAC 33:V.3319;

d. for each hazardous constituent detected (as defined in LAC 33:V.3301.A.1) at the compliance point, a proposed concentration limit under LAC 33:V.3309.A.3.a or b, or a notice of intent to seek an alternate concentration limit under LAC 33:V.3309.B.

5. Within 180 days, submit to the Office of Environmental Services:

a. all data necessary to justify an alternate concentration limit sought under LAC 33:V.3309.B; and

b. an engineering feasibility plan for a corrective action program necessary to meet the requirement of LAC 33:V.3321, unless:

i. all hazardous constituents identified under LAC 33:V.3317.G.2 are listed in LAC 33:V.3309.A.3, Table 1 and their concentrations do not exceed the respective values given in that table; or

ii. the owner or operator has sought an alternate concentration limit under LAC 33:V.3309.B for every hazardous constituent identified under LAC 33:V.3317.G.2.

6. If the owner or operator determines, pursuant to LAC 33:V.3317.F, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to LAC 33:V.3317.A 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 groundwater. The owner or operator may make a demonstration under this Paragraph in addition to, or in lieu of, submitting a permit modification application under LAC 33:V.3317.G.4; however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in LAC 33:V.3317.G.4 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:

a. notify the Office of Environmental Services in writing within seven days of determining statistically significant evidence of contamination at the compliance point that he or she intends to make a demonstration under this Paragraph;

b. within 90 days, submit a report to the Office of Environmental Services that demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis, or evaluation;

c. within 90 days, submit to the administrative authority an application for a permit modification to make any appropriate changes to the detection monitoring program facility; and

d. 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.

La. Admin. Code tit. 33, § V-3317

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 10:280 (April 1984), LR 10:496 (July 1984), LR 16:399 (May 1990), LR 16:614 (July 1990), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2485 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2464 (October 2005), LR 33:2115 (October 2007), LR 34:1000 (June 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.