Ohio Admin. Code 3745-56-78 - Unsaturated zone monitoring
An owner or operator subject to rules 3745-56-70 to 3745-56-83 of the Administrative Code must establish an unsaturated zone monitoring program to discharge the following responsibilities:
(A) The owner or operator must monitor the
soil and soil-pore liquid to determine whether hazardous constituents migrate
out of the treatment zone.
(1) The permit
will specify the hazardous constituents to be monitored. The hazardous waste
constituents to be monitored are those specified under paragraph (B) of rule
3745-56-71
of the Administrative Code.
(2) The
director may require monitoring for principal hazardous constituents (PHCs) in
lieu of the constituents specified under paragraph (B) of rule
3745-56-71
of the Administrative Code."PHCs" are hazardous constituents contained in the
wastes to be applied at the unit that are the most difficult to treat,
considering the combined effects of degradation, transformation, and
immobilization. The director will establish PHCs if he finds, based on waste
analyses, treatment demonstration, or other data, that effective degradation,
transformation, or immobilization of the PHCs will assure treatment at at least
equivalent levels for the other hazardous constituents in the wastes.
(B) The owner or
operator must install an unsaturated zone monitoring system that includes soil
monitoring using soil cores and soil-pore liquid monitoring using devices such
as lysimeters. The unsaturated zone monitoring system must consist of a
sufficient number of sampling points at appropriate locations and depths to
yield samples that:
(1) Represent the quality
of background soil-pore liquid quality and the chemical make-up of soil that
has not been affected by leakage from the treatment zone; and
(2) Indicate the quality of soil-pore liquid
and the chemical make-up of the soil below the treatment zone.
(C) The owner or operator must
establish a background value for each hazardous constituent to be monitored
under paragraph (A) of this rule. The permit will specify the background values
for each constituent or specify the procedures to be used to calculate the
background values.
(1) Background soil values
may be based on a one-time sampling at a background plot having characteristics
similar to those of the treatment zone; and
(2) Background soil-pore liquid values must
be based on at least quarterly sampling for one year at a background plot
having characteristics similar to those of the treatment zone; and
(3) The owner or operator must express all
background values in a form necessary for the determination of statistically
significant increases under paragraph (F) of this rule; and
(4) In taking samples used in the
determination of all background values, the owner or operator must use an
unsaturated zone monitoring system that complies with paragraph (B)(1) of this
rule.
(D) The owner or
operator must conduct soil monitoring and soil-pore liquid monitoring
immediately below the treatment zone. The permit will specify the frequency and
timing of soil and soil-pore liquid monitoring after considering the frequency,
timing, and rate of waste application, and the soil permeability. The owner or
operator must express the results of soil and soil-pore liquid monitoring in a
form necessary for the determination of statistically significant increases
under paragraph (F) of this rule.
(E) The owner or operator must use consistent
sampling and analysis procedures that are designed to ensure sampling results
that provide a reliable indication of soil-pore liquid quality and the chemical
make-up of the soil below the treatment zone. At a minimum, the owner or
operator must implement procedures and techniques for:
(1) Sample collection; and
(2) Sample preservation and shipment; and
(3) Analytical procedures; and
(4) Chain of custody control.
(F) The owner or
operator must determine whether there is a statistically significant change
over background values for any hazardous constituent to be monitored under
paragraph (A) of this rule below the treatment zone each time he conducts soil
monitoring and soil-pore liquid monitoring under paragraph (D) of this rule.
(1) In determining whether a statistically
significant increase has occurred, the owner or operator must compare the value
of each constituent, as determined under paragraph (D) of this rule, to the
background value for that constituent according to the statistical procedure
specified in the facility permit under paragraphs (F) to (F)(3)(b) of this
rule.
(2) The owner or operator
must determine whether there has been a statistically significant increase
below the treatment zone within a reasonable time period after completion of
sampling. The permit will specify that time period after completion of
sampling. The director will specify that time period in the facility permit
after considering the complexity of the statistical test and the availability
of laboratory facilities to perform the analysis of soil and soil-pore liquid
samples.
(3) The owner or operator
must determine whether there is a statistically significant increase below the
treatment zone using a statistical procedure that provides reasonable
confidence that migration from the treatment zone will be identified. The
permit will specify a statistical procedure that:
(a) Is appropriate for the distribution of
the data used to establish background values; and
(b) Provides a reasonable balance between the
probability of falsely identifying migration from the treatment zone and the
probability of failing to identify real migration from the treatment zone.
(G) If the
owner or operator determines, pursuant to paragraph (F) of this rule, that
there is a statistically significant increase of hazardous constituents below
the treatment zone, he must:
(1) Notify the
director of this finding in writing within seven days. The notification must
indicate what constituents have shown statistically significant increases; and
(2) Within ninety days, submit to
the director an application for a permit modification to modify the operating
practices at the facility in order to maximize the success of degradation,
transformation, or immobilization processes in the treatment zone.
(H) If the owner or operator
determines, pursuant to paragraph (F) of this rule, that there is a
statistically significant increase of hazardous constituents below the
treatment zone, he may demonstrate that a source other than regulated units
caused the increase or that the increase resulted from an error in sampling,
analysis, or evaluation. While the owner or operator may make a demonstration
under paragraphs (H) to (H)(4) of this rule in addition to, or in lieu of,
submitting a permit modification application under paragraph (G)(2) of this
rule, he is not relieved of the requirement to submit a permit alteration
application within the time specified in paragraph (G)(2) of this rule unless
the demonstration made under paragraphs (H) to (H)(4) of this rule successfully
shows that a source other than regulated units caused the increase or that the
increase resulted from an error in sampling, analysis, or evaluation. In making
a demonstration under paragraphs (H) to (H)(4) of this rule, the owner or
operator must:
(1) Notify the director in
writing within seven days of determining a statistically significant increase
below the treatment zone that he intends to make a determination under
paragraphs (H) to (H)(4) of this rule; and
(2) Within ninety days, submit a report to
the director demonstrating that a source other than the regulated units caused
the increase or that the increase resulted from error in sampling, analysis, or
evaluation; and
(3) Within ninety
days, submit to the director an application for a permit modification to make
any appropriate changes to the unsaturated zone monitoring program at the
facility; and
(4) Continue to
monitor in accordance with the unsaturated zone monitoring program established
under this rule.
Notes
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt
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