40 C.F.R. §§ 257.96–257.98

3 sections in range

§257.96. Assessment of corrective measures.

40 C.F.R. § 257.96

(a)

Within 90 days of finding that any constituent listed in Appendix IV to this part has been detected at a statistically significant level exceeding the groundwater protection standard defined under § 257.95(h), or immediately upon detection of a release from a CCR unit, the owner or operator must initiate an assessment of corrective measures to prevent further releases, to remediate any releases and to restore affected area to original conditions. The assessment of corrective measures must be completed within 90 days, unless the owner or operator demonstrates the need for additional time to complete the assessment of corrective measures due to site-specific conditions or circumstances. The owner or operator must obtain a certification from a qualified professional engineer or approval from the Participating State Director or approval from EPA where EPA is the permitting authority attesting that the demonstration is accurate. The 90-day deadline to complete the assessment of corrective measures may be extended for no longer than 60 days. The owner or operator must also include the demonstration in the annual groundwater monitoring and corrective action report required by § 257.90(e), in addition to the certification by a qualified professional engineer or the approval from the Participating State Director or the approval from EPA where EPA is the permitting authority.

(b)

The owner or operator of the CCR unit must continue to monitor groundwater in accordance with the assessment monitoring program as specified in § 257.95.

(c)

The assessment under paragraph (a) of this section must include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under § 257.97 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 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 place the completed assessment of corrective measures in the facility's operating record. The assessment has been completed when it is placed in the facility's operating record as required by § 257.105(h)(10).

(e)

The owner or operator must discuss the results of the corrective measures assessment at least 30 days prior to the selection of remedy, in a public meeting with interested and affected parties.

(f)

The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in § 257.105(h), the notification requirements specified in § 257.106(h), and the Internet requirements specified in § 257.107(h).

Notes, amendments, and revision history

Amendments

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36454, July 30, 2018]

Source

Source: 80 FR 21468, Apr. 17, 2015, unless otherwise noted.

Authority

Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6927, 6944, 6945(a) and (d); 33 U.S.C. 1345(d) and (e).

Source

Source: 44 FR 53460, Sept. 13, 1979, unless otherwise noted.

Amendments

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36454, July 30, 2018]

§257.97. Selection of remedy.

40 C.F.R. § 257.97

(a)

Based on the results of the corrective measures assessment conducted under § 257.96, the owner or operator must, as soon as feasible, select a remedy that, at a minimum, meets the standards listed in paragraph (b) of this section. This requirement applies in addition to, not in place of, any applicable standards under the Occupational Safety and Health Act. The owner or operator must prepare a semiannual report describing the progress in selecting and designing the remedy. Upon selection of a remedy, the owner or operator must prepare a final report describing the selected remedy and how it meets the standards specified in paragraph (b) of this section. The owner or operator must obtain a certification from a qualified professional engineer or approval from the Participating State Director or approval from EPA where EPA is the permitting authority that the remedy selected meets the requirements of this section. The report has been completed when it is placed in the operating record as required by § 257.105(h)(12).

(b)

Remedies must—

(1)

Be protective of human health and the environment;

(2)

Attain the groundwater protection standard as specified pursuant to § 257.95(h);

(3)

Control the source(s) of releases so as to reduce or eliminate, to the maximum extent feasible, further releases of constituents in appendix IV to this part into the environment;

(4)

Remove from the environment as much of the contaminated material that was released from the CCR unit as is feasible, taking into account factors such as avoiding inappropriate disturbance of sensitive ecosystems;

(5)

Comply with standards for management of wastes as specified in § 257.98(d).

(c)

In selecting a remedy that meets the standards of paragraph (b) of this section, the owner or operator of the CCR unit 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 CCR 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 or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal of contaminant;

(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, re-disposal, 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; and

(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)

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

(d)

The owner or operator must specify as part of the selected remedy a schedule(s) for implementing and completing remedial activities. Such a schedule must require the completion of remedial activities within a reasonable period of time taking into consideration the factors set forth in paragraphs (d)(1) through (6) of this section. The owner or operator of the CCR unit must consider the following factors in determining the schedule of remedial activities:

(1)

Extent and nature of contamination, as determined by the characterization required under § 257.95(g);

(2)

Reasonable probabilities of remedial technologies in achieving compliance with the groundwater protection standards established under § 257.95(h) and other objectives of the remedy;

(3)

Availability of treatment or disposal capacity for CCR managed during implementation of the remedy;

(4)

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

(5)

Resource value of the aquifer including—

(i)

Current and future uses;

(ii)

Proximity and withdrawal rate of users;

(iii)

Groundwater quantity and quality;

(iv)

The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to CCR constituents;

(v)

The hydrogeologic characteristic of the facility and surrounding land; and

(vi)

The availability of alternative water supplies; and

(6)

Other relevant factors.

(e)

Notes, amendments, and revision history

Amendments

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36454, July 30, 2018]

Source

Source: 80 FR 21468, Apr. 17, 2015, unless otherwise noted.

Authority

Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6927, 6944, 6945(a) and (d); 33 U.S.C. 1345(d) and (e).

Source

Source: 44 FR 53460, Sept. 13, 1979, unless otherwise noted.

Amendments

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36454, July 30, 2018]

§257.98. Implementation of the corrective action program.

40 C.F.R. § 257.98

(a)

Within 90 days of selecting a remedy under § 257.97, the owner or operator must initiate remedial activities. Based on the schedule established under § 257.97(d) for implementation and completion of remedial activities the owner or operator must:

(1)

Establish and implement a corrective action groundwater monitoring program that—

(i)

At a minimum, meets the requirements of an assessment monitoring program under § 257.95;

(ii)

Documents the effectiveness of the corrective action remedy; and

(iii)

Demonstrates compliance with the groundwater protection standard pursuant to paragraph (c) of this section.

(2)

Implement the corrective action remedy selected under § 257.97; and

(3)

Take any interim measures necessary to reduce the contaminants leaching from the CCR unit, and/or potential exposures to human or ecological receptors. Interim measures must, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to § 257.97. 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 any of the constituents listed in appendix IV of this part;

(iii)

Actual or potential contamination of drinking water supplies or sensitive ecosystems;

(iv)

Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;

(v)

Weather conditions that may cause any of the constituents listed in appendix IV to this part to migrate or be released;

(vi)

Potential for exposure to any of the constituents listed in appendix IV to this part 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)

If an owner or operator of the CCR unit, determines, at any time, that compliance with the requirements of § 257.97(b) is not being achieved through the remedy selected, the owner or operator must implement other methods or techniques that could feasibly achieve compliance with the requirements.

(c)

Remedies selected pursuant to § 257.97 shall be considered complete when:

(1)

The owner or operator of the CCR unit demonstrates compliance with the groundwater protection standards established under § 257.95(h) has been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under § 257.91.

(2)

Compliance with the groundwater protection standards established under § 257.95(h) has been achieved by demonstrating that concentrations of constituents listed in appendix IV to this part have not exceeded the groundwater protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in § 257.93(f) and (g).

(3)

All actions required to complete the remedy have been satisfied.

(d)

All CCR that are managed pursuant to a remedy required under § 257.97, or an interim measure required under paragraph (a)(3) of this section, shall be managed in a manner that complies with all applicable RCRA requirements.

(e)

Upon completion of the remedy, the owner or operator must prepare a notification stating that the remedy has been completed. The owner or operator must obtain a certification from a qualified professional engineer or approval from the Participating State Director or approval from EPA where EPA is the permitting authority attesting that the remedy has been completed in compliance with the requirements of paragraph (c) of this section. The report has been completed when it is placed in the operating record as required by § 257.105(h)(13).

(f)

Notes, amendments, and revision history

Amendments

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36454, July 30, 2018]

Source

Source: 80 FR 21468, Apr. 17, 2015, unless otherwise noted.

Authority

Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6927, 6944, 6945(a) and (d); 33 U.S.C. 1345(d) and (e).

Source

Source: 44 FR 53460, Sept. 13, 1979, unless otherwise noted.

Amendments

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36454, July 30, 2018]

40 C.F.R. §§ 257.96–257.98

§257.96. Assessment of corrective measures.

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§257.97. Selection of remedy.

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Authority

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§257.98. Implementation of the corrective action program.

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