Subpart
D
­­
Design
Criteria
§
§
258.40
Design
criteria.

(
a)
New
MSWLF
units
and
lateral
expansions
shall
be
constructed:

(
1)
In
accordance
with
a
design
approved
by
the
Director
of
an
approved
State
or
as
specified
in
§
§
258.40(
e)
for
unapproved
States.
The
design
must
ensure
that
the
concentration
values
listed
in
Table
1
of
this
section
will
not
be
exceeded
in
the
uppermost
aquifer
at
the
relevant
point
of
compliance,
as
specified
by
the
Director
of
an
approved
State
under
paragraph
(
d)
of
this
section,
or
(
2)
With
a
composite
liner,
as
defined
in
paragraph
(
b)
of
this
section
and
a
leachate
collection
system
that
is
designed
and
constructed
to
maintain
less
than
a
30­
cm
depth
of
leachate
over
the
liner.

(
b)
For
purposes
of
this
section,
composite
liner
means
a
system
consisting
of
two
components;
the
upper
component
must
consist
of
a
minimum
30­
mil
flexible
membrane
liner
(
FML),
and
the
lower
component
must
consist
of
at
least
a
two­
foot
layer
of
compacted
soil
with
a
hydraulic
conductivity
of
no
more
than
1
×
×
10
?
­
7
cm/
sec.
FML
components
consisting
of
high
density
polyethylene
(
HDPE)
shall
be
at
least
60­
mil
thick.
The
FML
component
must
be
installed
in
direct
and
uniform
contact
with
the
compacted
soil
component.

(
c)
When
approving
a
design
that
complies
with
paragraph
(
a)(
1)
of
this
section,
the
Director
of
an
approved
State
shall
consider
at
least
the
following
factors:

(
1)
The
hydrogeologic
characteristics
of
the
facility
and
surrounding
land;

(
2)
The
climatic
factors
of
the
area;
and
(
3)
The
volume
and
physical
and
chemical
characteristics
of
the
leachate.

(
d)
The
relevant
point
of
compliance
specified
by
the
Director
of
an
approved
State
shall
be
no
more
than
150
meters
from
the
waste
management
unit
boundary
and
shall
be
located
on
land
owned
by
the
owner
of
the
MSWLF
unit.
In
determining
the
relevant
point
of
compliance
State
Director
shall
consider
at
least
the
following
factors:

(
1)
The
hydrogeologic
characteristics
of
the
facility
and
surrounding
land;

(
2)
The
volume
and
physical
and
chemical
characteristics
of
the
leachate;

(
3)
The
quantity,
quality,
and
direction,
of
flow
of
ground
water;

(
4)
The
proximity
and
withdrawal
rate
of
the
ground­
water
users;

(
5)
The
availability
of
alternative
drinking
water
supplies;

(
6)
The
existing
quality
of
the
ground
water,
including
other
sources
of
contamination
and
their
cumulative
impacts
on
the
ground
water,
and
whether
the
ground
water
is
currently
used
or
reasonably
expected
to
be
used
for
drinking
water;
(
7)
Public
health,
safety,
and
welfare
effects;
and
(
8)
Practicable
capability
of
the
owner
or
operator.

(
e)
If
EPA
does
not
promulgate
a
rule
establishing
the
procedures
and
requirements
for
State
compliance
with
RCRA
section
4005(
c)(
1)(
B)
by
October
9,
1993,
owners
and
operators
in
unapproved
States
may
utilize
a
design
meeting
the
performance
standard
in
§
§
258.40(
a)(
1)
if
the
following
conditions
are
met:

(
1)
The
State
determines
the
design
meets
the
performance
standard
in
§
§
258.40(
a)(
1);

(
2)
The
State
petitions
EPA
to
review
its
determination;
and
(
3)
EPA
approves
the
State
determination
or
does
not
disapprove
the
determination
within
30
days.

Note
to
subpart
D:
40
CFR
part
239
is
reserved
to
establish
the
procedures
and
requirements
for
State
compliance
with
RCRA
section
4005(
c)(
1)(
B).

Table
1
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
MCL
(
mg/
Chemical
l)
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Arsenic.......................................................
0.05
Barium........................................................
1.0
Benzene.......................................................
0.005
Cadmium.......................................................
0.01
Carbon
tetrachloride..........................................
0.005
Chromium
(
hexavalent).........................................
0.05
2,4­
Dichlorophenoxy
acetic
acid...............................
0.1
1,4­
Dichlorobenzene...........................................
0.075
1,2­
Dichloroethane............................................
0.005
1,1­
Dichloroethylene..........................................
0.007
Endrin........................................................
0.0002
Fluoride......................................................
4
Lindane.......................................................
0.004
Lead..........................................................
0.05
Mercury.......................................................
0.002
Methoxychlor..................................................
0.1
Nitrate.......................................................
10
Selenium......................................................
0.01
Silver........................................................
0.05
Toxaphene.....................................................
0.005
1,1,1­
Trichloromethane........................................
0.2
Trichloroethylene.............................................
0.005
2,4,5­
Trichlorophenoxy
acetic
acid............................
0.01
Vinyl
Chloride................................................
0.002
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

§
§
258.41
Project
XL
Bioreactor
Landfill
Projects.
(
a)
Buncombe
County,
North
Carolina
Project
XL
Bioreactor
Landfill
Requirements.
Paragraph
(
a)
of
this
section
applies
to
Cells
1,
2,
3,
4,
and
5
of
the
Buncombe
County
Solid
Waste
Management
Facility
located
in
the
County
of
Buncombe,
North
Carolina,
owned
and
operated
by
the
Buncombe
County
Solid
Waste
Authority,
or
its
successors.
This
paragraph
(
a)
will
also
apply
to
Cells
6,
7,
8,
9,
and
10,
provided
that
the
EPA
Regional
Administrator
for
Region
4
and
the
State
Director
determine
that
the
pilot
project
in
Cells
3,
4,
and
5
is
performing
as
expected
and
that
the
pilot
project
has
not
exhibited
detrimental
environmental
results.

(
1)
The
Buncombe
County
Solid
Waste
Authority
is
allowed
to
place
liquid
waste
in
the
Buncombe
County
Solid
Waste
Management
Facility,
provided
that
the
provisions
of
paragraphs
(
a)(
2)
through
(
9)
of
this
section
are
met.

(
2)
The
only
liquid
waste
allowed
under
this
section
is
leachate
or
gas
condensate
derived
from
the
MSWLF,
which
may
be
supplemented
with
water
from
the
French
Broad
River.
The
owner
or
operator
shall
control
any
liquids
to
the
landfill
to
assure
that
the
average
moisture
content
of
the
landfill
does
not
exceed
50%
by
weight.
Liquid
addition
and
recirculation
is
allowed
only
to
the
extent
that
the
integrity
of
the
landfill
including
its
liner
system
is
maintained,
as
determined
by
the
State
Director.

(
3)
The
MSWLF
unit
shall
be
designed
and
constructed
with
a
liner
and
leachate
collection
system
as
described
in
§
§
258.40(
a)(
2)
or
paragraphs
(
a)(
4)
and
(
5)
of
this
section.
The
owner
or
operator
must
place
documentation
of
the
landfill
design
in
the
operating
record
and
notify
the
State
Director
that
it
has
been
placed
in
operating
record;

(
4)
Cells
3­
10
shall
be
constructed
with
a
liner
system
consisting
of
the
components
described
in
paragraphs
(
a)(
4)(
i)
through
(
v)
of
this
section,
or
an
equivalent
or
superior
liner
system
as
determined
by
the
State
Director:

(
i)
A
lower
component
consisting
of
at
least
18
inches
of
compacted
soil
with
a
hydraulic
conductivity
of
no
more
than
1
x
10
?
­
5
cm/
sec.,
and
(
ii)
An
upper
component
consisting
of
a
minimum
30­
millimeter
("
mil")
flexible
membrane
liner
(
FML)
or
60­
mil
if
High
Density
Polyethylene
("
HDPE")
is
used,
and
(
iii)
A
geosynthetic
clay
liner
(
GCL)
overlaying
and
in
direct
contact
with
the
18
inches
of
compacted
soil
in
paragraph
(
a)(
4)
of
this
section
and
having
the
following
properties:

(
A)
The
GCL
shall
be
formulated
and
manufactured
from
polypropylene
geotextiles
and
high
swelling
containment
resistant
sodium
bentonite.
The
bentonite­
geotextile
liner
shall
be
manufactured
using
a
minimum
of
one
pound
per
square
foot
as
determined
using
the
Standard
Test
Method
for
Measuring
Mass
per
Unit
Area
of
Geotextiles,
ASTM
D­
5261­
92
(
reapproved
in
1996).
The
high
swelling
sodium
montmorillonite
clay
shall
be
at
12%
moisture
content
as
determined
by
the
Standard
Test
Method
for
Laboratory
Determination
of
Water
(
Moisture)
Content
of
Soil
and
Rock
by
Mass,
ASTM
D2216­
98.
The
Director
of
the
Federal
Register
approves
this
incorporation
by
reference
with
5
U.
S.
C.
552(
a)
and
1
CFR
part
51.
These
methods
are
available
from
The
American
Society
for
Testing
and
Materials,
100
Barr
Harbor
Drive,
West
Conshohocken,
PA
19428­
2959.
These
methods
may
be
inspected
at
EPA's
docket
office
located
at
Crystal
Gateway,
1235
Jefferson
Davis
Highway,
First
Floor,
Arlington,
Virginia,
or
at
the
Office
of
the
Federal
Register,
800
North
Capitol
Street,
NW.,
Suite
700,
Washington,
DC.

(
B)
The
encapsulating
geotextile
shall
be
polypropylene
and
shall
have
a
minimum
weight
of
6
oz./
square
yard.

(
iv)
The
upper
component
shall
be
installed
in
direct
and
uniform
contact
with
an
overlaying
soil
cushioning
component.

(
v)
Underlying
the
above
liner
system,
there
shall
also
be
installed
a
leak
detection
system
consisting
of
a
60­
mil
HDPE
liner
placed
on
a
prepared
subgrade.

(
A)
A
4
inch
capped
pipe
will
drain
liquid
collected
in
the
sump
out
beyond
the
footprint
of
the
landfill
cell.

(
B)
Water
collected
on
the
leak
detection
liner
shall
be
monitored
at
least
semi­
annually
as
directed
by
the
State
Director
to
determine
whether
any
leachate
escaped
the
liner
system.

(
5)
Cells
3­
10
shall
be
designed
and
constructed
with
a
leachate
collection
system
to
maintain
less
than
30
centimeters
depth
of
leachate
is
present
at
the
sump
location.
The
leachate
collection
system
shall
include
a
continuous
monitoring
system
to
monitor
depth
of
leachate.

(
6)
The
owner/
operator
shall
keep
the
Federally
Enforceable
State
Operating
Permit
(
FESOP)
issued
by
the
Western
North
Carolina
Air
Quality
Agency
for
the
Buncombe
County
Solid
Waste
Management
Facility
in
effect,
and
shall
comply
with
the
provisions
of
the
FESOP,
during
the
entire
period
of
leachate
recirculation
and
the
post
closure
period.
The
FESOP
was
issued
on
November
13,
2000
and
contains
the
air
quality
requirements
for
the
Buncombe
County
Landfill
XL
project.

(
7)
Monitoring
and
Reporting
Requirements.
The
owner
or
operator
of
the
Buncombe
County
Solid
Waste
Management
Facility
shall
monitor
for
the
parameters
listed
in
paragraphs
(
a)(
7)(
i)
through
(
xiii)
of
this
section
and
submit
an
annual
report
on
the
XL
project
to
the
EPA
Regional
Administrator
for
Region
4
and
the
State
Director.
The
first
report
is
due
coincident
with
the
October
2001
report
to
the
state.
The
report
should
state
what
progress
has
been
made
toward
the
superior
environmental
performance
and
other
commitments
as
stated
in
the
Final
Project
Agreement.
The
report
shall
include,
at
a
minimum,
the
following
data:

(
i)
Amount
of
landfill
gas
generated;

(
ii)
Percent
capture
of
landfill
gas,
if
known;

(
iii)
Quality
of
the
landfill
gas,
amount
and
type
of
liquids
applied
to
the
landfill;

(
iv)
Method
of
liquids
application
to
the
landfill;

(
v)
Quantity
of
waste
placed
in
the
landfill;

(
vi)
Quantity
and
quality
of
leachate
collected;
(
vii)
Quantity
of
leachate
recirculated
back
into
the
landfill;

(
viii)
Information
on
the
pretreatment
of
waste
applied
to
the
landfill;

(
ix)
Data
collected
on
landfill
temperature
and
moisture
content;

(
x)
Data
on
the
leachate
pressure
(
head)
on
the
liner;

(
xi)
Observations,
information,
and
studies
made
on
the
physical
stability
of
the
MSWLF
units
that
are
developed
during
the
project
term,
if
any.

(
xii)
The
above
data
may
be
summarized,
and,
at
a
minimum
shall
contain,
the
minimum,
maximum,
median,
and
average
data
points
as
well
as
the
frequency
of
monitoring
as
applicable.

(
xiii)
The
method
and
frequency
of
monitoring
shall
be
specified
by
the
State
Director.

(
8)
Termination
and
Withdrawal.

(
i)
Paragraph
(
a)
of
this
section
will
terminate
August
22,
2026,
unless
a
subsequent
rulemaking
is
issued
or
terminated
earlier
pursuant
to
paragraph
(
a)(
8)(
ii)
of
this
section.

(
ii)
In
the
event
of
noncompliance
with
paragraph
(
a)
of
this
section,
EPA
may
terminate
the
authority
under
paragraph
(
a)
of
this
section
and
the
authority
to
add
liquid
wastes
to
all
or
part
of
cells
3­
10
under
§
§
258.28(
a)(
3).
The
EPA
Regional
Administrator
will
provide
written
notice
of
intent
to
terminate
to
the
Buncombe
County
Solid
Waste
Authority
with
a
copy
to
the
State
Director.
The
notice
will
state
EPA's
intent
to
terminate
under
the
rules
and
will
include
a
brief
statement
of
EPA's
reasons
for
its
action.
The
termination
will
take
effect
60
days
from
the
date
of
the
notice,
unless
the
EPA
Regional
Administrator
for
Region
4
issues
a
written
notice
rescinding
the
termination.

(
9)
Compliance
requirements
in
the
event
of
termination
or
withdrawal.
The
Buncombe
County
Solid
Waste
Management
Facility
will
be
subject
to
all
regulatory
provisions
applicable
to
MSWLFs
upon
termination
of
authority
under
this
section.
In
the
event
of
early
termination
of
this
section,
the
EPA
Regional
Administrator
for
Region
4
may
provide
an
interim
period
of
compliance
to
allow
Buncombe
County
a
reasonable
period
of
time
for
transition
following
cessation
of
liquids
addition.

(
b)
This
section
applies
solely
to
Module
D
of
the
Yolo
County
Central
Landfill
owned
and
operated
by
the
County
of
Yolo,
California,
or
its
successors.
It
allows
the
Yolo
County
Central
Landfill
to
add
bulk
or
noncontainerized
liquid
wastes
to
Module
D
under
the
following
conditions:

(
1)
Module
D
shall
be
designed
and
constructed
with
a
composite
liner
as
defined
in
§
§
258.40(
b)
and
a
leachate
collection
system
that
functions
and
continuously
monitors
to
ensure
that
less
than
30
centimeters
depth
of
leachate
is
maintained
over
the
liner.

(
2)
The
owner
or
operator
of
the
Yolo
County
Central
Landfill
must
ensure
that
the
concentration
values
listed
in
Table
1
of
§
§
258.40
are
not
exceeded
in
the
uppermost
aquifer
at
the
relevant
point
of
compliance
for
the
landfill
as
specified
by
the
State
Director
under
§
§
258.40(
d).
(
3)
The
owner
or
operator
of
the
Yolo
County
Central
Landfill
shall
demonstrate
that
the
addition
of
any
liquids
to
Module
D
does
not
result
in
an
increased
leakage
rate,
and
does
not
result
in
liner
slippage,
or
otherwise
compromise
the
integrity
of
the
landfill
and
its
liner
system,
as
determined
by
the
State
Director.

(
4)
The
owner
or
operator
of
the
Yolo
County
Central
Landfill
must
ensure
that
Module
D
is
operated
in
such
a
manner
so
as
to
prevent
any
landfill
fires
from
occurring.

(
5)
The
owner
or
operator
of
the
Yolo
County
Central
Landfill
shall
submit
an
annual
report
to
the
EPA
Regional
Administrator
and
the
State
Director.
The
first
report
is
due
within
18
months
after
August
13,
2001.
The
report
shall
state
what
progress
the
Project
is
making
towards
the
superior
environmental
performance
as
stated
in
the
Final
Project
Agreement.
The
data
in
paragraphs
(
b)(
5)(
i)
through
(
xvi)
of
this
section
may
be
summarized,
but,
at
a
minimum,
shall
contain
the
minimum,
maximum,
median,
and
average
data
points
as
well
as
the
frequency
of
monitoring,
as
applicable.
These
reporting
provisions
shall
remain
in
effect
for
as
long
as
the
owner
or
operator
of
the
Yolo
County
Central
Landfill
continues
to
add
liquid
waste
to
Module
D.
Additional
monitoring,
record
keeping
and
reporting
requirements
related
to
landfill
gas
will
be
contained
in
a
permit
executed
by
the
local
air
quality
management
district
pursuant
to
the
Clean
Air
Act,
42
U.
S.
C.
7401
et
seq.
Application
of
this
site­
specific
rule
to
the
Yolo
County
Central
Landfill
is
conditioned
upon
the
issuance
of
such
permit.
The
annual
report
will
include,
at
a
minimum,
the
following
data:

(
i)
Amount
of
landfill
gas
generated;

(
ii)
Percent
capture
of
landfill
gas;

(
iii)
Quality
of
the
landfill
gas;

(
iv)
Amount
and
type
of
liquids
applied
to
the
landfill;

(
v)
Method
of
liquids
application
to
the
landfill;

(
vi)
Quantity
of
waste
placed
in
the
landfill;

(
vii)
Quantity
and
quality
of
leachate
collected,
including
at
least
the
following
parameters,
monitored,
at
a
minimum,
on
an
annual
basis:

(
A)
pH;

(
B)
Conductivity;

(
C)
Dissolved
oxygen;

(
D)
Dissolved
solids;

(
E)
Biochemical
oxygen
demand;

(
F)
Chemical
oxygen
demand;
(
G)
Organic
carbon;

(
H)
Nutrients,
(
including
ammonia
["
NH3"],
total
kjeldahl
nitrogen
["
TKN"],
and
total
phosphorus
["
TP"]);

(
I)
Common
ions;

(
J)
Heavy
metals;

(
K)
Organic
priority
pollutants;
and
(
L)
Flow
rate;

(
viii)
Quantity
of
leachate
recirculated
back
into
the
landfill;

(
ix)
Information
on
the
pretreatment
of
solid
and
liquid
waste
applied
to
the
landfill;

(
x)
Landfill
temperature;

(
xi)
Landfill
moisture
content;

(
xii)
Data
on
the
leachate
pressure
(
head)
on
the
liner;

(
xiii)
The
amount
of
aeration
of
the
waste;

(
xiv)
Data
on
landfill
settlement;

(
xv)
Any
information
on
the
performance
of
the
landfill
cover;
and
(
xvi)
Observations,
information,
or
studies
made
on
the
physical
stability
of
the
landfill.

(
6)
This
section
will
remain
in
effect
until
August
13,
2006.
By
August
13,
2006,
Yolo
County
Central
Landfill
shall
return
to
compliance
with
the
regulatory
requirements
which
would
have
been
in
effect
absent
the
flexibility
provided
through
this
Project
XL
site­
specific
rule.
This
section
applies
to
Phase
I
of
Module
D.
This
section
also
will
apply
to
any
phase
of
Module
D
beyond
Phase
I
only
if
a
second
Final
Project
Agreement
that
describes
the
additional
phase
has
been
signed
by
representatives
of
EPA
Region
9,
Yolo
County,
and
the
State
of
California.
Phase
I
of
Module
D
is
defined
as
the
operation
of
twelve
acres
of
the
twenty
acre
Module
D.

[
66
FR
42449,
Aug.
13,
2001,
as
amended
at
66
FR
44069,
Aug.
22,
2001]

§
§
§
§
258.42­
258.49
[
Reserved]
Subpart
E
­­
Ground­
Water
Monitoring
and
Corrective
Action
§
§
258.50
Applicability.

(
a)
The
requirements
in
this
part
apply
to
MSWLF
units,
except
as
provided
in
paragraph
(
b)
of
this
section.

(
b)
Ground­
water
monitoring
requirements
under
§
§
258.51
through
§
§
258.55
of
this
part
may
be
suspended
by
the
Director
of
an
approved
State
for
a
MSWLF
unit
if
the
owner
or
operator
can
demonstrate
that
there
is
no
potential
for
migration
of
hazardous
constituents
from
that
MSWLF
unit
to
the
uppermost
aquifer
(
as
defined
in
§
§
258.2)
during
the
active
life
of
the
unit
and
the
post­
closure
care
period.
This
demonstration
must
be
certified
by
a
qualified
ground­
water
scientist
and
approved
by
the
Director
of
an
approved
State,
and
must
be
based
upon:

(
1)
Site­
specific
field
collected
measurements,
sampling,
and
analysis
of
physical,
chemical,
and
biological
processes
affecting
contaminant
fate
and
transport,
and
(
2)
Contaminant
fate
and
transport
predictions
that
maximize
contaminant
migration
and
consider
impacts
on
human
health
and
environment.

(
c)
Owners
and
operators
of
MSWLF
units,
except
those
meeting
the
conditions
of
§
§
258.1(
f),
must
comply
with
the
ground­
water
monitoring
requirements
of
this
part
according
to
the
following
schedule
unless
an
alternative
schedule
is
specified
under
paragraph
(
d)
of
this
section:

(
1)
Existing
MSWLF
units
and
lateral
expansions
less
than
one
mile
from
a
drinking
water
intake
(
surface
or
subsurface)
must
be
in
compliance
with
the
ground­
water
monitoring
requirements
specified
in
§
§
§
§
258.51­
258.55
by
October
9,
1994;

(
2)
Existing
MSWLF
units
and
lateral
expansions
greater
than
one
mile
but
less
than
two
miles
from
a
drinking
water
intake
(
surface
or
subsurface)
must
be
in
compliance
with
the
ground­
water
monitoring
requirements
specified
in
§
§
§
§
258.51­
258.55
by
October
9,
1995;

(
3)
Existing
MSWLF
units
and
lateral
expansions
greater
than
two
miles
from
a
drinking
water
intake
(
surface
or
subsurface)
must
be
in
compliance
with
the
ground­
water
monitoring
requirements
specified
in
§
§
§
§
258.51­
258.55
by
October
9,
1996.

(
4)
New
MSWLF
units
must
be
in
compliance
with
the
ground­
water
monitoring
requirements
specified
in
§
§
§
§
258.51­
258.55
before
waste
can
be
placed
in
the
unit.

(
d)
The
Director
of
an
approved
State
may
specify
an
alternative
schedule
for
the
owners
or
operators
of
existing
MSWLF
units
and
lateral
expansions
to
comply
with
the
ground­
water
monitoring
requirements
specified
in
§
§
§
§
258.51­
258.55.
This
schedule
must
ensure
that
50
percent
of
all
existing
MSWLF
units
are
in
compliance
by
October
9,
1994
and
all
existing
MSWLF
units
are
in
compliance
by
October
9,
1996.
In
setting
the
compliance
schedule,
the
Director
of
an
approved
State
must
consider
potential
risks
posed
by
the
unit
to
human
health
and
the
environment.
The
following
factors
should
be
considered
in
determining
potential
risk:
(
1)
Proximity
of
human
and
environmental
receptors;

(
2)
Design
of
the
MSWLF
unit;

(
3)
Age
of
the
MSWLF
unit;

(
4)
The
size
of
the
MSWLF
unit;
and
(
5)
Types
and
quantities
of
wastes
disposed
including
sewage
sludge;
and
(
6)
Resource
value
of
the
underlying
aquifer,
including:

(
i)
Current
and
future
uses;

(
ii)
Proximity
and
withdrawal
rate
of
users;
and
(
iii)
Ground­
water
quality
and
quantity.

(
e)
Owners
and
operators
of
all
MSWLF
units
that
meet
the
conditions
of
§
§
258.1(
f)(
1)
must
comply
with
all
applicable
ground­
water
monitoring
requirements
of
this
part
by
October
9,
1997.

(
f)
Once
established
at
a
MSWLF
unit,
ground­
water
monitoring
shall
be
conducted
throughout
the
active
life
and
post­
closure
care
period
of
that
MSWLF
unit
as
specified
in
§
§
258.61.

(
g)
For
the
purposes
of
this
subpart,
a
qualified
ground­
water
scientist
is
a
scientist
or
engineer
who
has
received
a
baccalaureate
or
post­
graduate
degree
in
the
natural
sciences
or
engineering
and
has
sufficient
training
and
experience
in
groundwater
hydrology
and
related
fields
as
may
be
demonstrated
by
State
registration,
professional
Certifications,
or
completion
of
accredited
university
programs
that
enable
that
individual
to
make
sound
professional
judgements
regarding
ground­
water
monitoring,
contaminant
fate
and
transport,
and
corrective­
action.

(
h)
The
Director
of
an
approved
State
may
establish
alternative
schedules
for
demonstrating
compliance
with
§
§
258.51(
d)(
2),
pertaining
to
notification
of
placement
of
certification
in
operating
record;
§
§
258.54(
c)(
1),
pertaining
to
notification
that
statistically
significant
increase
(
SSI)
notice
is
in
operating
record;
§
§
258.54(
c)
(
2)
and
(
3),
pertaining
to
an
assessment
monitoring
program;
§
§
258.55(
b),
pertaining
to
sampling
and
analyzing
appendix
II
constituents;
§
§
258.55(
d)(
1),
pertaining
to
placement
of
notice
(
appendix
II
constituents
detected)
in
record
and
notification
of
notice
in
record;
§
§
258.55(
d)(
2),
pertaining
to
sampling
for
appendix
I
and
II
to
this
part;
§
§
258.55(
g),
pertaining
to
notification
(
and
placement
of
notice
in
record)
of
SSI
above
ground­
water
protection
standard;
§
§
§
§
258.55(
g)(
1)(
iv)
and
258.56(
a),
pertaining
to
assessment
of
corrective
measures;
§
§
258.57(
a),
pertaining
to
selection
of
remedy
and
notification
of
placement
in
record;
§
§
258.58(
c)(
4),
pertaining
to
notification
of
placement
in
record
(
alternative
corrective
action
measures);
and
§
§
258.58(
f),
pertaining
to
notification
of
placement
in
record
(
certification
of
remedy
completed).

[
56
FR
51016,
Oct.
9,
1991;
57
FR
28628,
June
26,
1992,
as
amended
at
58
FR
51547,
Oct.
1,
1993;
60
FR
52342,
Oct.
6,
1995]
§
§
258.51
Ground­
water
monitoring
systems.

(
a)
A
ground­
water
monitoring
system
must
be
installed
that
consists
of
a
sufficient
number
of
wells,
installed
at
appropriate
locations
and
depths,
to
yield
ground­
water
samples
from
the
uppermost
aquifer
(
as
defined
in
§
§
258.2)
that:

(
1)
Represent
the
quality
of
background
ground
water
that
has
not
been
affected
by
leakage
from
a
unit.
A
determination
of
background
quality
may
include
sampling
of
wells
that
are
not
hydraulically
upgradient
of
the
waste
management
area
where:

(
i)
Hydrogeologic
conditions
do
not
allow
the
owner
or
operator
to
determine
what
wells
are
hydraulically
upgradient;
or
(
ii)
Sampling
at
other
wells
will
provide
an
indication
of
background
ground­
water
quality
that
is
as
representative
or
more
representative
than
that
provided
by
the
upgradient
wells;
and
(
2)
Represent
the
quality
of
ground
water
passing
the
relevant
point
of
compliance
specified
by
Director
of
an
approved
State
under
§
§
258.40(
d)
or
at
the
waste
management
unit
boundary
in
unapproved
States.
The
downgradient
monitoring
system
must
be
installed
at
the
relevant
point
of
compliance
specified
by
the
Director
of
an
approved
State
under
§
§
258.40(
d)
or
at
the
waste
management
unit
boundary
in
unapproved
States
that
ensures
detection
of
ground­
water
contamination
in
the
uppermost
aquifer.
When
physical
obstacles
preclude
installation
of
ground­
water
monitoring
wells
at
the
relevant
point
of
compliance
at
existing
units,
the
down­
gradient
monitoring
system
may
be
installed
at
the
closest
practicable
distance
hydraulically
down­
gradient
from
the
relevant
point
of
compliance
specified
by
the
Director
of
an
approved
State
under
§
§
258.40
that
ensure
detection
of
groundwater
contamination
in
the
uppermost
aquifer.

(
b)
The
Director
of
an
approved
State
may
approve
a
multiunit
ground­
water
monitoring
system
instead
of
separate
ground­
water
monitoring
systems
for
each
MSWLF
unit
when
the
facility
has
several
units,
provided
the
multi­
unit
ground­
water
monitoring
system
meets
the
requirement
of
§
§
258.51(
a)
and
will
be
as
protective
of
human
health
and
the
environment
as
individual
monitoring
systems
for
each
MSWLF
unit,
based
on
the
following
factors:

(
1)
Number,
spacing,
and
orientation
of
the
MSWLF
units;

(
2)
Hydrogeologic
setting;

(
3)
Site
history;

(
4)
Engineering
design
of
the
MSWLF
units,
and
(
5)
Type
of
waste
accepted
at
the
MSWLF
units.
(
c)
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
sand,
where
necessary,
to
enable
collection
of
ground­
water
samples.
The
annular
space
(
i.
e.,
the
space
between
the
bore
hole
and
well
casing)
above
the
sampling
depth
must
be
sealed
to
prevent
contamination
of
samples
and
the
ground
water.

(
1)
The
owner
or
operator
must
notify
the
State
Director
that
the
design,
installation,
development,
and
decommission
of
any
monitoring
wells,
piezometers
and
other
measurement,
sampling,
and
analytical
devices
documentation
has
been
placed
in
the
operating
record;
and
(
2)
The
monitoring
wells,
piezometers,
and
other
measurement,
sampling,
and
analytical
devices
must
be
operated
and
maintained
so
that
they
perform
to
design
specifications
throughout
the
life
of
the
monitoring
program.

(
d)
The
number,
spacing,
and
depths
of
monitoring
systems
shall
be:

(
1)
Determined
based
upon
site­
specific
technical
information
that
must
include
thorough
characterization
of:

(
i)
Aquifer
thickness,
ground­
water
flow
rate,
ground­
water
flow
direction
including
seasonal
and
temporal
fluctuations
in
ground­
water
flow;
and
(
ii)
Saturated
and
unsaturated
geologic
units
and
fill
materials
overlying
the
uppermost
aquifer,
materials
comprising
the
uppermost
aquifer,
and
materials
comprising
the
confining
unit
defining
the
lower
boundary
of
the
uppermost
aquifer;
including,
but
not
limited
to:
Thicknesses,
stratigraphy,
lithology,
hydraulic
conductivities,
porosities
and
effective
porosities.

(
2)
Certified
by
a
qualified
ground­
water
scientist
or
approved
by
the
Director
of
an
approved
State.
Within
14
days
of
this
certification,
the
owner
or
operator
must
notify
the
State
Director
that
the
certification
has
been
placed
in
the
operating
record.

§
§
258.52
[
Reserved]

§
§
258.53
Ground­
water
sampling
and
analysis
requirements.

(
a)
The
ground­
water
monitoring
program
must
include
consistent
sampling
and
analysis
procedures
that
are
designed
to
ensure
monitoring
results
that
provide
an
accurate
representation
of
ground­
water
quality
at
the
background
and
downgradient
wells
installed
in
compliance
with
§
§
258.51(
a)
of
this
part.
The
owner
or
operator
must
notify
the
State
Director
that
the
sampling
and
analysis
program
documentation
has
been
placed
in
the
operating
record
and
the
program
must
include
procedures
and
techniques
for:

(
1)
Sample
collection;

(
2)
Sample
preservation
and
shipment;
(
3)
Analytical
procedures;

(
4)
Chain
of
custody
control;
and
(
5)
Quality
assurance
and
quality
control.

(
b)
The
ground­
water
monitoring
program
must
include
sampling
and
analytical
methods
that
are
appropriate
for
ground­
water
sampling
and
that
accurately
measure
hazardous
constituents
and
other
monitoring
parameters
in
ground­
water
samples.
Ground­
water
samples
shall
not
be
field­
filtered
prior
to
laboratory
analysis.

(
c)
The
sampling
procedures
and
frequency
must
be
protective
of
human
health
and
the
environment.

(
d)
Ground­
water
elevations
must
be
measured
in
each
well
immediately
prior
to
purging,
each
time
ground
water
is
sampled.
The
owner
or
operator
must
determine
the
rate
and
direction
of
ground­
water
flow
each
time
ground
water
is
sampled.
Ground­
water
elevations
in
wells
which
monitor
the
same
waste
management
area
must
be
measured
within
a
period
of
time
short
enough
to
avoid
temporal
variations
in
ground­
water
flow
which
could
preclude
accurate
determination
of
ground­
water
flow
rate
and
direction.

(
e)
The
owner
or
operator
must
establish
background
ground­
water
quality
in
a
hydraulically
upgradient
or
background
well(
s)
for
each
of
the
monitoring
parameters
or
constituents
required
in
the
particular
ground­
water
monitoring
program
that
applies
to
the
MSWLF
unit,
as
determined
under
§
§
258.54(
a)
or
§
§
258.55(
a)
of
this
part.
Background
ground­
water
quality
may
be
established
at
wells
that
are
not
located
hydraulically
upgradient
from
the
MSWLF
unit
if
it
meets
the
requirements
of
§
§
258.51(
a)(
1).

(
f)
The
number
of
samples
collected
to
establish
ground­
water
quality
data
must
be
consistent
with
the
appropriate
statistical
procedures
determined
pursuant
to
paragraph
(
g)
of
this
section.
The
sampling
procedures
shall
be
those
specified
under
§
§
258.54(
b)
for
detection
monitoring,
§
§
258.55
(
b)
and
(
d)
for
assessment
monitoring,
and
§
§
258.56(
b)
of
corrective
action.

(
g)
The
owner
or
operator
must
specify
in
the
operating
record
one
of
the
following
statistical
methods
to
be
used
in
evaluating
ground­
water
monitoring
data
for
each
hazardous
constituent.
The
statistical
test
chosen
shall
be
conducted
separately
for
each
hazardous
constituent
in
each
well.

(
1)
A
parametric
analysis
of
variance
(
ANOVA)
followed
by
multiple
comparisons
procedures
to
identify
statistically
significant
evidence
of
contamination.
The
method
must
include
estimation
and
testing
of
the
contrasts
between
each
compliance
well's
mean
and
the
background
mean
levels
for
each
constituent.

(
2)
An
analysis
of
variance
(
ANOVA)
based
on
ranks
followed
by
multiple
comparisons
procedures
to
identify
statistically
significant
evidence
of
contamination.
The
method
must
include
estimation
and
testing
of
the
contrasts
between
each
compliance
well's
median
and
the
background
median
levels
for
each
constituent.
(
3)
A
tolerance
or
prediction
interval
procedure
in
which
an
interval
for
each
constituent
is
established
from
the
distribution
of
the
background
data,
and
the
level
of
each
constituent
in
each
compliance
well
is
compared
to
the
upper
tolerance
or
prediction
limit.

(
4)
A
control
chart
approach
that
gives
control
limits
for
each
constituent.

(
5)
Another
statistical
test
method
that
meets
the
performance
standards
of
§
§
258.53(
h).
The
owner
or
operator
must
place
a
justification
for
this
alternative
in
the
operating
record
and
notify
the
State
Director
of
the
use
of
this
alternative
test.
The
justification
must
demonstrate
that
the
alternative
method
meets
the
performance
standards
of
§
§
258.53(
h).

(
h)
Any
statistical
method
chosen
under
§
§
258.53(
g)
shall
comply
with
the
following
performance
standards,
as
appropriate:

(
1)
The
statistical
method
used
to
evaluate
ground­
water
monitoring
data
shall
be
appropriate
for
the
distribution
of
chemical
parameters
or
hazardous
constituents.
If
the
distribution
of
the
chemical
parameters
or
hazardous
constituents
is
shown
by
the
owner
or
operator
to
be
inappropriate
for
a
normal
theory
test,
then
the
data
should
be
transformed
or
a
distribution­
free
theory
test
should
be
used.
If
the
distributions
for
the
constituents
differ,
more
than
one
statistical
method
may
be
needed.

(
2)
If
an
individual
well
comparison
procedure
is
used
to
compare
an
individual
compliance
well
constituent
concentration
with
background
constituent
concentrations
or
a
ground­
water
protection
standard,
the
test
shall
be
done
at
a
Type
I
error
level
no
less
than
0.01
for
each
testing
period.
If
a
multiple
comparisons
procedure
is
used,
the
Type
I
experiment
wise
error
rate
for
each
testing
period
shall
be
no
less
than
0.05;
however,
the
Type
I
error
of
no
less
than
0.01
for
individual
well
comparisons
must
be
maintained.
This
performance
standard
does
not
apply
to
tolerance
intervals,
prediction
intervals,
or
control
charts.

(
3)
If
a
control
chart
approach
is
used
to
evaluate
ground­
water
monitoring
data,
the
specific
type
of
control
chart
and
its
associated
parameter
values
shall
be
protective
of
human
health
and
the
environment.
The
parameters
shall
be
determined
after
considering
the
number
of
samples
in
the
background
data
base,
the
data
distribution,
and
the
range
of
the
concentration
values
for
each
constituent
of
concern.

(
4)
If
a
tolerance
interval
or
a
predictional
interval
is
used
to
evaluate
ground­
water
monitoring
data,
the
levels
of
confidence
and,
for
tolerance
intervals,
the
percentage
of
the
population
that
the
interval
must
contain,
shall
be
protective
of
human
health
and
the
environment.
These
parameters
shall
be
determined
after
considering
the
number
of
samples
in
the
background
data
base,
the
data
distribution,
and
the
range
of
the
concentration
values
for
each
constituent
of
concern.

(
5)
The
statistical
method
shall
account
for
data
below
the
limit
of
detection
with
one
or
more
statistical
procedures
that
are
protective
of
human
health
and
the
environment.
Any
practical
quantitation
limit
(
pql)
that
is
used
in
the
statistical
method
shall
be
the
lowest
concentration
level
that
can
be
reliably
achieved
within
specified
limits
of
precision
and
accuracy
during
routine
laboratory
operating
conditions
that
are
available
to
the
facility.
(
6)
If
necessary,
the
statistical
method
shall
include
procedures
to
control
or
correct
for
seasonal
and
spatial
variability
as
well
as
temporal
correlation
in
the
data.

(
i)
The
owner
or
operator
must
determine
whether
or
not
there
is
a
statistically
significant
increase
over
background
values
for
each
parameter
or
constituent
required
in
the
particular
ground­
water
monitoring
program
that
applies
to
the
MSWLF
unit,
as
determined
under
§
§
§
§
258.54(
a)
or
258.55(
a)
of
this
part.

(
1)
In
determining
whether
a
statistically
significant
increase
has
occurred,
the
owner
or
operator
must
compare
the
ground­
water
quality
of
each
parameter
or
constituent
at
each
monitoring
well
designated
pursuant
to
§
§
258.51(
a)(
2)
to
the
background
value
of
that
constituent,
according
to
the
statistical
procedures
and
performance
standards
specified
under
paragraphs
(
g)
and
(
h)
of
this
section.

(
2)
Within
a
reasonable
period
of
time
after
completing
sampling
and
analysis,
the
owner
or
operator
must
determine
whether
there
has
been
a
statistically
significant
increase
over
background
at
each
monitoring
well.

§
§
258.54
Detection
monitoring
program.

(
a)
Detection
monitoring
is
required
at
MSWLF
units
at
all
ground­
water
monitoring
wells
defined
under
§
§
§
§
258.51
(
a)(
1)
and
(
a)(
2)
of
this
part.
At
a
minimum,
a
detection
monitoring
program
must
include
the
monitoring
for
the
constituents
listed
in
appendix
I
to
this
part.

(
1)
The
Director
of
an
approved
State
may
delete
any
of
the
appendix
I
monitoring
parameters
for
a
MSWLF
unit
if
it
can
be
shown
that
the
removed
constituents
are
not
reasonably
expected
to
be
in
or
derived
from
the
waste
contained
in
the
unit.

(
2)
The
Director
of
an
approved
State
may
establish
an
alternative
list
of
inorganic
indicator
parameters
for
a
MSWLF
unit,
in
lieu
of
some
or
all
of
the
heavy
metals
(
constituents
1­
15
in
appendix
I
to
this
part),
if
the
alternative
parameters
provide
a
reliable
indication
of
inorganic
releases
from
the
MSWLF
unit
to
the
ground
water.
In
determining
alternative
parameters,
the
Director
shall
consider
the
following
factors:

(
i)
The
types,
quantities,
and
concentrations
of
constituents
in
wastes
managed
at
the
MSWLF
unit;

(
ii)
The
mobility,
stability,
and
persistence
of
waste
constituents
or
their
reaction
products
in
the
unsaturated
zone
beneath
the
MSWLF
unit;

(
iii)
The
detectability
of
indicator
parameters,
waste
constituents,
and
reaction
products
in
the
ground
water;
and
(
iv)
The
concentration
or
values
and
coefficients
of
variation
of
monitoring
parameters
or
constituents
in
the
groundwater
background.

(
b)
The
monitoring
frequency
for
all
constituents
listed
in
appendix
I
to
thispart,
or
in
the
alternative
list
approved
in
accordance
with
paragraph
(
a)(
2)
of
this
section,
shall
be
at
least
semiannual
during
the
active
life
of
the
facility
(
including
closure)
and
the
post­
closure
period.
A
minimum
of
four
independent
samples
from
each
well
(
background
and
downgradient)
must
be
collected
and
analyzed
for
the
appendix
I
constituents,
or
the
alternative
list
approved
in
accordance
with
paragraph
(
a)(
2)
of
this
section,
during
the
first
semiannual
sampling
event.
At
least
one
sample
from
each
well
(
background
and
downgradient)
must
be
collected
and
analyzed
during
subsequent
semiannual
sampling
events.
The
Director
of
an
approved
State
may
specify
an
appropriate
alternative
frequency
for
repeated
sampling
and
analysis
for
appendix
I
constituents,
or
the
alternative
list
approved
in
accordance
with
paragraph
(
a)(
2)
of
this
section,
during
the
active
life
(
including
closure)
and
the
post­
closure
care
period.
The
alternative
frequency
during
the
active
life
(
including
closure)
shall
be
no
less
than
annual.
The
alternative
frequency
shall
be
based
on
consideration
of
the
following
factors:

(
1)
Lithology
of
the
aquifer
and
unsaturated
zone;

(
2)
Hydraulic
conductivity
of
the
aquifer
and
unsaturated
zone;

(
3)
Ground­
water
flow
rates;

(
4)
Minimum
distance
between
upgradient
edge
of
the
MSWLF
unit
and
downgradient
monitoring
well
screen
(
minimum
distance
of
travel);
and
(
5)
Resource
value
of
the
aquifer.

(
c)
If
the
owner
or
operator
determines,
pursuant
to
§
§
258.53(
g)
of
this
part,
that
there
is
a
statistically
significant
increase
over
background
for
one
or
more
of
the
constituents
listed
in
appendix
I
to
this
part
or
in
the
alternative
list
approved
in
accordance
with
paragraph
(
a)(
2)
of
this
section,
at
any
monitoring
well
at
the
boundary
specified
under
§
§
258.51(
a)(
2),
the
owner
or
operator:

(
1)
Must,
within
14
days
of
this
finding,
place
a
notice
in
the
operating
record
indicating
which
constituents
have
shown
statistically
significant
changes
from
background
levels,
and
notify
the
State
director
that
this
notice
was
placed
in
the
operating
record;
and
(
2)
Must
establish
an
assessment
monitoring
program
meeting
the
requirements
of
§
§
258.55
of
this
part
within
90
days
except
as
provided
for
in
paragraph
(
c)(
3)
of
this
section.

(
3)
The
owner/
operator
may
demonstrate
that
a
source
other
than
a
MSWLF
unit
caused
the
contamination
or
that
the
statistically
significant
increase
resulted
from
error
in
sampling,
analysis,
statistical
evaluation,
or
natural
variation
in
ground­
water
quality.
A
report
documenting
this
demonstration
must
be
certified
by
a
qualified
ground­
water
scientist
or
approved
by
the
Director
of
an
approved
State
and
be
placed
in
the
operating
record.
If
a
successful
demonstration
is
made
and
documented,
the
owner
or
operator
may
continue
detection
monitoring
as
specified
in
this
section.
If,
after
90
days,
a
successful
demonstration
is
not
made,
the
owner
or
operator
must
initiate
an
assessment
monitoring
program
as
required
in
§
§
258.55.

§
§
258.55
Assessment
monitoring
program.
(
a)
Assessment
monitoring
is
required
whenever
a
statistically
significant
increase
over
background
has
been
detected
for
one
or
more
of
the
constituents
listed
in
the
appendix
I
to
this
part
or
in
the
alternative
list
approved
in
accordance
with
§
§
258.54(
a)(
2).

(
b)
Within
90
days
of
triggering
an
assessment
monitoring
program,
and
annually
thereafter,
the
owner
or
operator
must
sample
and
analyze
the
ground
water
for
all
constituents
identified
in
appendix
II
to
this
part.
A
minimum
of
one
sample
from
each
downgradient
well
must
be
collected
and
analyzed
during
each
sampling
event.
For
any
constituent
detected
in
the
downgradient
wells
as
a
result
of
the
complete
appendix
II
analysis,
a
minimum
of
four
independent
samples
from
each
well
(
background
and
downgradient)
must
be
collected
and
analyzed
to
establish
background
for
the
constituents.
The
Director
of
an
approved
State
may
specify
an
appropriate
subset
of
wells
to
be
sampled
and
analyzed
for
appendix
II
constituents
during
assessment
monitoring.
The
Director
of
an
approved
State
may
delete
any
of
the
appendix
II
monitoring
parameters
for
a
MSWLF
unit
if
it
can
be
shown
that
the
removed
constituents
are
not
reasonably
expected
to
be
in
or
derived
from
the
waste
contained
in
the
unit.

(
c)
The
Director
of
an
approved
State
may
specify
an
appropriate
alternate
frequency
for
repeated
sampling
and
analysis
for
the
full
set
of
appendix
II
constituents
required
by
§
§
258.55(
b)
of
this
part,
during
the
active
life
(
including
closure)
and
post­
closure
care
of
the
unit
considering
the
following
factors:

(
1)
Lithology
of
the
aquifer
and
unsaturated
zone;

(
2)
Hydraulic
conductivity
of
the
aquifer
and
unsaturated
zone;

(
3)
Ground­
water
flow
rates;

(
4)
Minimum
distance
between
upgradient
edge
of
the
MSWLF
unit
and
downgradient
monitoring
well
screen
(
minimum
distance
of
travel);

(
5)
Resource
value
of
the
aquifer;
and
(
6)
Nature
(
fate
and
transport)
of
any
constituents
detected
in
response
to
this
section.

(
d)
After
obtaining
the
results
from
the
initial
or
subsequent
sampling
events
required
in
paragraph
(
b)
of
this
section,
the
owner
or
operator
must:

(
1)
Within
14
days,
place
a
notice
in
the
operating
record
identifying
the
appendix
II
constituents
that
have
been
detected
and
notify
the
State
Director
that
this
notice
has
been
placed
in
the
operating
record;

(
2)
Within
90
days,
and
on
at
least
a
semiannual
basis
thereafter,
resample
all
wells
specified
by
§
§
258.51(
a),
conduct
analyses
for
all
constituents
in
appendix
I
to
this
part
or
in
the
alternative
list
approved
in
accordance
with
§
§
258.54(
a)(
2),
and
for
those
constituents
in
appendix
II
to
this
part
that
are
detected
in
response
to
paragraph
(
b)
of
this
section,
and
record
their
concentrations
in
the
facility
operating
record.
At
least
one
sample
from
each
well
(
background
and
downgradient)
must
be
collected
and
analyzed
during
these
sampling
events.
The
Director
of
an
approved
State
may
specify
an
alternative
monitoring
frequency
during
the
active
life
(
including
closure)
and
the
post­
closure
period
for
the
constituents
referred
to
in
this
paragraph.
The
alternative
frequency
for
appendix
I
constituents,
or
the
alternative
list
approved
in
accordance
with
§
§
258.54(
a)(
2),
during
the
active
life
(
including
closure)
shall
be
no
less
than
annual.
The
alternative
frequency
shall
be
based
on
consideration
of
the
factors
specified
in
paragraph
(
c)
of
this
section;

(
3)
Establish
background
concentrations
for
any
constituents
detected
pursuant
to
paragraph
(
b)
or
(
d)(
2)
of
this
section;
and
(
4)
Establish
ground­
water
protection
standards
for
all
constituents
detected
pursuant
to
paragraph
(
b)
or
(
d)
of
this
section.
The
ground­
water
protection
standards
shall
be
established
in
accordance
with
paragraphs
(
h)
or
(
i)
of
this
section.

(
e)
If
the
concentrations
of
all
appendix
II
constituents
are
shown
to
be
at
or
below
background
values,
using
the
statistical
procedures
in
§
§
258.53(
g),
for
two
consecutive
sampling
events,
the
owner
or
operator
must
notify
the
State
Director
of
this
finding
and
may
return
to
detection
monitoring.

(
f)
If
the
concentrations
of
any
appendix
II
constituents
are
above
background
values,
but
all
concentrations
are
below
the
ground­
water
protection
standard
established
under
paragraphs
(
h)
or
(
i)
of
this
section,
using
the
statistical
procedures
in
§
§
258.53(
g),
the
owner
or
operator
must
continue
assessment
monitoring
in
accordance
with
this
section.

(
g)
If
one
or
more
appendix
II
constituents
are
detected
at
statistically
significant
levels
above
the
ground­
water
protection
standard
established
under
paragraphs
(
h)
or
(
i)
of
this
section
in
any
sampling
event,
the
owner
or
operator
must,
within
14
days
of
this
finding,
place
a
notice
in
the
operating
record
identifying
the
appendix
II
constituents
that
have
exceeded
the
ground­
water
protection
standard
and
notify
the
State
Director
and
all
appropriate
local
government
officials
that
the
notice
has
been
placed
in
the
operating
record.
The
owner
or
operator
also:

(
1)(
i)
Must
characterize
the
nature
and
extent
of
the
release
by
installing
additional
monitoring
wells
as
necessary;

(
ii)
Must
install
at
least
one
additional
monitoring
well
at
the
facility
boundary
in
the
direction
of
contaminant
migration
and
sample
this
well
in
accordance
with
§
§
258.55(
d)(
2);

(
iii)
Must
notify
all
persons
who
own
the
land
or
reside
on
the
land
that
directly
overlies
any
part
of
the
plume
of
contamination
if
contaminants
have
migrated
off­
site
if
indicated
by
sampling
of
wells
in
accordance
with
§
§
258.55
(
g)(
1);
and
(
iv)
Must
initiate
an
assessment
of
corrective
measures
as
required
by
§
§
255.56
of
this
part
within
90
days;
or
(
2)
May
demonstrate
that
a
source
other
than
a
MSWLF
unit
caused
the
contamination,
or
that
the
SSI
increase
resulted
from
error
in
sampling,
analysis,
statistical
evaluation,
or
natural
variation
in
groundwater
quality.
A
report
documenting
this
demonstration
must
be
certified
by
a
qualified
ground­
water
scientist
or
approved
by
the
Director
of
an
approved
State
and
placed
in
the
operating
record.
If
a
successful
demonstration
is
made
the
owner
or
operator
must
continue
monitoring
in
accordance
with
the
assessment
monitoring
program
pursuant
to
§
§
258.55,
and
may
return
to
detection
monitoring
if
the
appendix
II
constituents
are
at
or
below
background
as
specified
in
§
§
258.55(
e).
Until
a
successful
demonstration
is
made,
the
owner
or
operator
must
comply
with
§
§
258.55(
g)
including
initiating
an
assessment
of
corrective
measures.

(
h)
The
owner
or
operator
must
establish
a
ground­
water
protection
standard
for
each
appendix
II
constituent
detected
in
the
ground­
water.
The
ground­
water
protection
standard
shall
be:

(
1)
For
constituents
for
which
a
maximum
contaminant
level
(
MCL)
has
been
promulgated
under
section
1412
of
the
Safe
Drinking
Water
Act
(
codified)
under
40
CFR
part
141,
the
MCL
for
that
constituent;

(
2)
For
constituents
for
which
MCLs
have
not
been
promulgated,
the
background
concentration
for
the
constituent
established
from
wells
in
accordance
with
§
§
258.51(
a)(
1);
or
(
3)
For
constituents
for
which
the
background
level
is
higher
than
the
MCL
identified
under
paragraph
(
h)(
1)
of
this
section
or
health
based
levels
identified
under
§
§
258.55(
i)(
1),
the
background
concentration.

(
i)
The
Director
of
an
approved
State
may
establish
an
alternative
ground­
water
protection
standard
for
constituents
for
which
MCLs
have
not
been
established.
These
ground­
water
protection
standards
shall
be
appropriate
health
based
levels
that
satisfy
the
following
criteria:

(
1)
The
level
is
derived
in
a
manner
consistent
with
Agency
guidelines
for
assessing
the
health
risks
of
environmental
pollutants
(
51
FR
33992,
34006,
34014,
34028,
Sept.
24,
1986);

(
2)
The
level
is
based
on
scientifically
valid
studies
conducted
in
accordance
with
the
Toxic
Substances
Control
Act
Good
Laboratory
Practice
Standards
(
40
CFR
part
792)
or
equivalent;

(
3)
For
carcinogens,
the
level
represents
a
concentration
associated
with
an
excess
lifetime
cancer
risk
level
(
due
to
continuous
lifetime
exposure)
with
the
1
×
×
10
?
­
4
to
1
×
×
10
?
­
6
range;
and
(
4)
For
systemic
toxicants,
the
level
represents
a
concentration
to
which
the
human
population
(
including
sensitive
subgroups)
could
be
exposed
to
on
a
daily
basis
that
is
likely
to
be
without
appreciable
risk
of
deleterious
effects
during
a
lifetime.
For
purposes
of
this
subpart,
systemic
toxicants
include
toxic
chemicals
that
cause
effects
other
than
cancer
or
mutation.

(
ii)
[
Reserved]

(
j)
In
establishing
ground­
water
protection
standards
under
paragraph
(
i)
of
this
section,
the
Director
of
an
approved
State
may
consider
the
following:

(
1)
Multiple
contaminants
in
the
ground
water;

(
2)
Exposure
threats
to
sensitive
environmental
receptors;
and
(
3)
Other
site­
specific
exposure
or
potential
exposure
to
ground
water.
§
§
258.56
Assessment
of
corrective
measures.

(
a)
Within
90
days
of
finding
that
any
of
the
constituents
listed
in
appendix
II
to
this
part
have
been
detected
at
a
statistically
significant
level
exceeding
the
ground­
water
protection
standards
defined
under
§
§
258.55
(
h)
or
(
i)
of
this
part,
the
owner
or
operator
must
initiate
an
assessment
of
corrective
measures.
Such
an
assessment
must
be
completed
within
a
reasonable
period
of
time.

(
b)
The
owner
or
operator
must
continue
to
monitor
in
accordance
with
the
assessment
monitoring
program
as
specified
in
§
§
258.55.

(
c)
The
assessment
shall
include
an
analysis
of
the
effectiveness
of
potential
corrective
measures
in
meeting
all
of
the
requirements
and
objectives
of
the
remedy
as
described
under
§
§
258.57,
addressing
at
least
the
following:

(
1)
The
performance,
reliability,
ease
of
implementation,
and
potential
impacts
of
appropriate
potential
remedies,
including
safety
impacts,
cross­
media
impacts,
and
control
of
exposure
to
any
residual
contamination;

(
2)
The
time
required
to
begin
and
complete
the
remedy;

(
3)
The
costs
of
remedy
implementation;
and
(
4)
The
institutional
requirements
such
as
State
or
local
permit
requirements
or
other
environmental
or
public
health
requirements
that
may
substantially
affect
implementation
of
the
remedy(
s).

(
d)
The
owner
or
operator
must
discuss
the
results
of
the
corrective
measures
assessment,
prior
to
the
selection
of
remedy,
in
a
public
meeting
with
interested
and
affected
parties.

§
§
258.57
Selection
of
remedy.

(
a)
Based
on
the
results
of
the
corrective
measures
assessment
conducted
under
§
§
258.56,
the
owner
or
operator
must
select
a
remedy
that,
at
a
minimum,
meets
the
standards
listed
in
paragraph
(
b)
of
this
section.
The
owner
or
operator
must
notify
the
State
Director,
within
14
days
of
selecting
a
remedy,
a
report
describing
the
selected
remedy
has
been
placed
in
the
operating
record
and
how
it
meets
the
standards
in
paragraph
(
b)
of
this
section.

(
b)
Remedies
must:

(
1)
Be
protective
of
human
health
and
the
environment;

(
2)
Attain
the
ground­
water
protection
standard
as
specified
pursuant
to
§
§
§
§
258.55
(
h)
or
(
i);

(
3)
Control
the
source(
s)
of
releases
so
as
to
reduce
or
eliminate,
to
the
maximum
extent
practicable,
further
releases
of
appendix
II
constituents
into
the
environment
that
may
pose
a
threat
to
human
health
or
the
environment;
and
(
4)
Comply
with
standards
for
management
of
wastes
as
specified
in
§
§
258.58(
d).

(
c)
In
selecting
a
remedy
that
meets
the
standards
of
§
§
258.57(
b),
the
owner
or
operator
shall
consider
the
following
evaluation
factors:

(
1)
The
long­
and
short­
term
effectiveness
and
protectiveness
of
the
potential
remedy(
s),
along
with
the
degree
of
certainty
that
the
remedy
will
prove
successful
based
on
consideration
of
the
following:

(
i)
Magnitude
of
reduction
of
existing
risks;

(
ii)
Magnitude
of
residual
risks
in
terms
of
likelihood
of
further
releases
due
to
waste
remaining
following
implementation
of
a
remedy;

(
iii)
The
type
and
degree
of
long­
term
management
required,
including
monitoring,
operation,
and
maintenance;

(
iv)
Short­
term
risks
that
might
be
posed
to
the
community,
workers,
or
the
environment
during
implementation
of
such
a
remedy,
including
potential
threats
to
human
health
and
the
environment
associated
with
excavation,
transportation,
and
redisposal
of
containment;

(
v)
Time
until
full
protection
is
achieved;

(
vi)
Potential
for
exposure
of
humans
and
environmental
receptors
to
remaining
wastes,
considering
the
potential
threat
to
human
health
and
the
environment
associated
with
excavation,
transportation,
redisposal,
or
containment;

(
vii)
Long­
term
reliability
of
the
engineering
and
institutional
controls;
and
(
viii)
Potential
need
for
replacement
of
the
remedy.

(
2)
The
effectiveness
of
the
remedy
in
controlling
the
source
to
reduce
further
releases
based
on
consideration
of
the
following
factors:

(
i)
The
extent
to
which
containment
practices
will
reduce
further
releases;

(
ii)
The
extent
to
which
treatment
technologies
may
be
used.

(
3)
The
ease
or
difficulty
of
implementing
a
potential
remedy(
s)
based
on
consideration
of
the
following
types
of
factors:

(
i)
Degree
of
difficulty
associated
with
constructing
the
technology;

(
ii)
Expected
operational
reliability
of
the
technologies;

(
iii)
Need
to
coordinate
with
and
obtain
necessary
approvals
and
permits
from
other
agencies;

(
iv)
Availability
of
necessary
equipment
and
specialists;
and
(
v)
Available
capacity
and
location
of
needed
treatment,
storage,
and
disposal
services.
(
4)
Practicable
capability
of
the
owner
or
operator,
including
a
consideration
of
the
technical
and
economic
capability.

(
5)
The
degree
to
which
community
concerns
are
addressed
by
a
potential
remedy(
s).

(
d)
The
owner
or
operator
shall
specify
as
part
of
the
selected
remedy
a
schedule(
s)
for
initiating
and
completing
remedial
activities.
Such
a
schedule
must
require
the
initiation
of
remedial
activities
within
a
reasonable
period
of
time
taking
into
consideration
the
factors
set
forth
in
paragraphs
(
d)
(
1)­(
8)
of
this
section.
The
owner
or
operator
must
consider
the
following
factors
in
determining
the
schedule
of
remedial
activities:

(
1)
Extent
and
nature
of
contamination;

(
2)
Practical
capabilities
of
remedial
technologies
in
achieving
compliance
with
ground­
water
protection
standards
established
under
§
§
258.55
(
g)
or
(
h)
and
other
objectives
of
the
remedy;

(
3)
Availability
of
treatment
or
disposal
capacity
for
wastes
managed
during
implementation
of
the
remedy;

(
4)
Desirability
of
utilizing
technologies
that
are
not
currently
available,
but
which
may
offer
significant
advantages
over
already
available
technologies
in
terms
of
effectiveness,
reliability,
safety,
or
ability
to
achieve
remedial
objectives;

(
5)
Potential
risks
to
human
health
and
the
environment
from
exposure
to
contamination
prior
to
completion
of
the
remedy;

(
6)
Resource
value
of
the
aquifer
including:

(
i)
Current
and
future
uses;

(
ii)
Proximity
and
withdrawal
rate
of
users;

(
iii)
Ground­
water
quantity
and
quality;

(
iv)
The
potential
damage
to
wildlife,
crops,
vegetation,
and
physical
structures
caused
by
exposure
to
waste
constituent;

(
v)
The
hydrogeologic
characteristic
of
the
facility
and
surrounding
land;

(
vi)
Ground­
water
removal
and
treatment
costs;
and
(
vii)
The
cost
and
availability
of
alternative
water
supplies.

(
7)
Practicable
capability
of
the
owner
or
operator.

(
8)
Other
relevant
factors.
(
e)
The
Director
of
an
approved
State
may
determine
that
remediation
of
a
release
of
an
appendix
II
constituent
from
a
MSWLF
unit
is
not
necessary
if
the
owner
or
operator
demonstrates
to
the
satisfaction
of
the
Director
of
the
approved
State
that:

(
1)
The
ground­
water
is
additionally
contaminated
by
substances
that
have
originated
from
a
source
other
than
a
MSWLF
unit
and
those
substances
are
present
in
concentrations
such
that
cleanup
of
the
release
from
the
MSWLF
unit
would
provide
no
significant
reduction
in
risk
to
actual
or
potential
receptors;
or
(
2)
The
constituent(
s)
is
present
in
ground
water
that:

(
i)
Is
not
currently
or
reasonably
expected
to
be
a
source
of
drinking
water;
and
(
ii)
Is
not
hydraulically
connected
with
waters
to
which
the
hazardous
constituents
are
migrating
or
are
likely
to
migrate
in
a
concentration(
s)
that
would
exceed
the
ground­
water
protection
standards
established
under
§
§
258.55
(
h)
or
(
i);
or
(
3)
Remediation
of
the
release(
s)
is
technically
impracticable;
or
(
4)
Remediation
results
in
unacceptable
cross­
media
impacts.

(
f)
A
determination
by
the
Director
of
an
approved
State
pursuant
to
paragraph
(
e)
of
this
section
shall
not
affect
the
authority
of
the
State
to
require
the
owner
or
operator
to
undertake
source
control
measures
or
other
measures
that
may
be
necessary
to
eliminate
or
minimize
further
releases
to
the
ground­
water,
to
prevent
exposure
to
the
ground­
water,
or
to
remediate
the
ground­
water
to
concentrations
that
are
technically
practicable
and
significantly
reduce
threats
to
human
health
or
the
environment.

§
§
258.58
Implementation
of
the
corrective
action
program.

(
a)
Based
on
the
schedule
established
under
§
§
258.57(
d)
for
initiation
and
completion
of
remedial
activities
the
owner/
operator
must:

(
1)
Establish
and
implement
a
corrective
action
ground­
water
monitoring
program
that:

(
i)
At
a
minimum,
meet
the
requirements
of
an
assessment
monitoring
program
under
§
§
258.55;

(
ii)
Indicate
the
effectiveness
of
the
corrective
action
remedy;
and
(
iii)
Demonstrate
compliance
with
ground­
water
protection
standard
pursuant
to
paragraph
(
e)
of
this
section.

(
2)
Implement
the
corrective
action
remedy
selected
under
§
§
258.57;
and
(
3)
Take
any
interim
measures
necessary
to
ensure
the
protection
of
human
health
and
the
environment.
Interim
measures
should,
to
the
greatest
extent
practicable,
be
consistent
with
the
objectives
of
and
contribute
to
the
performance
of
any
remedy
that
may
be
required
pursuant
to
§
§
258.57.
The
following
factors
must
be
considered
by
an
owner
or
operator
in
determining
whether
interim
measures
are
necessary:

(
i)
Time
required
to
develop
and
implement
a
final
remedy;

(
ii)
Actual
or
potential
exposure
of
nearby
populations
or
environmental
receptors
to
hazardous
constituents;

(
iii)
Actual
or
potential
contamination
of
drinking
water
supplies
or
sensitive
ecosystems;

(
iv)
Further
degradation
of
the
ground­
water
that
may
occur
if
remedial
action
is
not
initiated
expeditiously;

(
v)
Weather
conditions
that
may
cause
hazardous
constituents
to
migrate
or
be
released;

(
vi)
Risks
of
fire
or
explosion,
or
potential
for
exposure
to
hazardous
constituents
as
a
result
of
an
accident
or
failure
of
a
container
or
handling
system;
and
(
vii)
Other
situations
that
may
pose
threats
to
human
health
and
the
environment.

(
b)
An
owner
or
operator
may
determine,
based
on
information
developed
after
implementation
of
the
remedy
has
begun
or
other
information,
that
compliance
with
requirements
of
§
§
258.57(
b)
are
not
being
achieved
through
the
remedy
selected.
In
such
cases,
the
owner
or
operator
must
implement
other
methods
or
techniques
that
could
practicably
achieve
compliance
with
the
requirements,
unless
the
owner
or
operator
makes
the
determination
under
§
§
258.58(
c).

(
c)
If
the
owner
or
operator
determines
that
compliance
with
requirements
under
§
§
258.57(
b)
cannot
be
practically
achieved
with
any
currently
available
methods,
the
owner
or
operator
must:

(
1)
Obtain
certification
of
a
qualified
ground­
water
scientist
or
approval
by
the
Director
of
an
approved
State
that
compliance
with
requirements
under
§
§
258.57(
b)
cannot
be
practically
achieved
with
any
currently
available
methods;

(
2)
Implement
alternate
measures
to
control
exposure
of
humans
or
the
environment
to
residual
contamination,
as
necessary
to
protect
human
health
and
the
environment;
and
(
3)
Implement
alternate
measures
for
control
of
the
sources
of
contamination,
or
for
removal
or
decontamination
of
equipment,
units,
devices,
or
structures
that
are:

(
i)
Technically
practicable;
and
(
ii)
Consistent
with
the
overall
objective
of
the
remedy.

(
4)
Notify
the
State
Director
within
14
days
that
a
report
justifying
the
alternative
measures
prior
to
implementing
the
alternative
measures
has
been
placed
in
the
operating
record.

(
d)
All
solid
wastes
that
are
managed
pursuant
to
a
remedy
required
under
§
§
258.57,
or
an
interim
measure
required
under
§
§
258.58(
a)(
3),
shall
be
managed
in
a
manner:
(
1)
That
is
protective
of
human
health
and
the
environment;
and
(
2)
That
complies
with
applicable
RCRA
requirements.

(
e)
Remedies
selected
pursuant
to
§
§
258.57
shall
be
considered
complete
when:

(
1)
The
owner
or
operator
complies
with
the
ground­
water
protection
standards
established
under
§
§
§
§
258.55(
h)
or
(
i)
at
all
points
within
the
plume
of
contamination
that
lie
beyond
the
ground­
water
monitoring
well
system
established
under
§
§
258.51(
a).

(
2)
Compliance
with
the
ground­
water
protection
standards
established
under
§
§
§
§
258.55(
h)
or
(
i)
has
been
achieved
by
demonstrating
that
concentrations
of
appendix
II
constituents
have
not
exceeded
the
ground­
water
protection
standard(
s)
for
a
period
of
three
consecutive
years
using
the
statistical
procedures
and
performance
standards
in
§
§
258.53(
g)
and
(
h).
The
Director
of
an
approved
State
may
specify
an
alternative
length
of
time
during
which
the
owner
or
operator
must
demonstrate
that
concentrations
of
appendix
II
constituents
have
not
exceeded
the
ground­
water
protection
standard(
s)
taking
into
consideration:

(
i)
Extent
and
concentration
of
the
release(
s);

(
ii)
Behavior
characteristics
of
the
hazardous
constituents
in
the
ground­
water;

(
iii)
Accuracy
of
monitoring
or
modeling
techniques,
including
any
seasonal,
meteorological,
or
other
environmental
variabilities
that
may
affect
the
accuracy;
and
(
iv)
Characteristics
of
the
ground­
water.

(
3)
All
actions
required
to
complete
the
remedy
have
been
satisfied.

(
f)
Upon
completion
of
the
remedy,
the
owner
or
operator
must
notify
the
State
Director
within
14
days
that
a
certification
that
the
remedy
has
been
completed
in
compliance
with
the
requirements
of
§
§
258.58(
e)
has
been
placed
in
the
operating
record.
The
certification
must
be
signed
by
the
owner
or
operator
and
by
a
qualified
ground­
water
scientist
or
approved
by
the
Director
of
an
approved
State.

(
g)
When,
upon
completion
of
the
certification,
the
owner
or
operator
determines
that
the
corrective
action
remedy
has
been
completed
in
accordance
with
the
requirements
under
paragraph
(
e)
of
this
section,
the
owner
or
operator
shall
be
released
from
the
requirements
for
financial
assurance
for
corrective
action
under
§
§
258.73.

§
§
258.59
[
Reserved]
