Vol. 56 No. 246 Monday, December 23, 1991  p 66365

ENVIRONMENTAL PROTECTION AGENCY

40 CFR PARTS 260 AND 265

[FRL-4083-9]

Hazardous Waste Management System: Amendments to Interim Status Standards for Downgradient Ground-Water Monitoring Well Locations at Hazardous Waste Facilities

AGENCY: U.S. Environmental Protection Agency.

ACTION: Final rule.

SUMMARY: On January 18, 1991, the Environmental Protection Agency ("EPA" or "the Agency") proposed to amend 40 CFR § 265.91 to allow alternate placement of hydraulically downgradient monitoring wells at interim status facilities where existing physical obstacles prevent installations at the limit of the waste management area. EPA is today promulgating a final rule implementing amendments to §§ 260.10 and 265.91. Today's rule is necessary to allow facilities to install alternate ground-water monitoring wells in certain circumstances where they are unable to avoid existing physical obstacles. Today's rule provides that the owner or operator of an existing facility may demonstrate that an alternate hydraulically downgradient monitoring well location will meet several criteria. This demonstration must be certified by a qualified ground-water scientist. Today's rule also promulgates a definition of "qualified ground-water scientist."

EFFECTIVE DATE: These regulations become effective June 23, 1992.

ADDRESSES: The official docket for this rulemaking (Docket No. F-91-DGWF-FFFFF) is located in room M2427, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, and is available for viewing from 9:30 a.m. to 3:30 p.m., Monday through Friday, excluding federal holidays. The public must make an appointment to review docket materials, and should call the docket clerk at (202) 260-9327 for appointments. The public may copy, free of charge, a maximum of one hundred pages of material from any one regulatory docket. Additional copies are $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information about this rulemaking, contact the RCRA Hotline, Office of Solid Waste (OS-305), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460, (800) 424-9346 (toll free) or (703) 920-9810 in the Washington, DC metropolitan area. For technical information contact Hugh R. Davis, Office of Solid Waste (OS-341), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460, (202) 260-7656.

> > > >  Preamble has not been included in this file.  < < < <

	For the reasons set out in the preamble, chapter I of title 40 of the Code of Federal Regulations is amended as follows:

PART 260-HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

	1. The authority citation for part 260 continues to read as follows:

	Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 6939, and 6974.
	2. In § 260.10 by adding in alphabetical order the following definition:

§ 260.10   Definitions.

*	*	*	*	*

	Qualified Ground-Water Scientist means 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 ground-water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university courses that enable that individual to make sound professional judgements regarding ground-water monitoring and contaminant fate and transport.

*	*	*	*	*

PART 265-INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

	1. The authority citation for part 265 continues to read as follows:

	Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.

	2. In § 265.91 by adding paragraph (a)(3) to read as follows:

§ 265.91   Ground-water monitoring system.

	(a) * * *

	(3) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well location will meet the criteria outlined below. The demonstration must be in writing and kept at the facility. The demonstration must be certified by a qualified ground-water scientist and establish that:

	(i) An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the waste management area; and

	(ii) The selected alternate downgradient location is as close to the limit of the waste management area as practical; and

	(iii) The location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer.

	(iv) Lateral expansion, new, or replacement units are not eligible for an alternate downgradient location under this paragraph.

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[FR Doc. 91-30187 Filed 12-20-91; 8:45 am]
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