§ 66264.706. Detection Monitoring Program.

An owner or operator required to establish a detection monitoring program under this article shall, at a minimum, discharge the responsibilities specified in subsections (a) through (f) of this section concerning monitoring of air and soil-pore gas.

(a) The owner or operator shall assure that monitoring and corrective action measures necessary to achieve compliance with the environmental protection standard under section 66264.702 are taken as specified in the permit or in an order issued by the Department.

(b) The owner or operator of a regulated unit that contains hazardous waste or discarded hazardous material that contains a volatile toxic substance or a hazardous material that can become airborne, or that can decompose or react to form a volatile toxic substance or toxic gas, shall follow methods prescribed by the Department to provide for representative sampling and analysis of air upwind and at the disposal area, and of soil-pore gas at monitoring points under section 66264.705, established by the owner or operator to the satisfaction of the Department. Vapor and gas monitoring wells shall be covered with collection chambers approved by the Department. The owner or operator shall provide, inside the collection chambers, probes or equivalent methodologies that actively sense the concentration of substances specified by the Department. If specified by the Department, the owner or operator shall provide instrumentation that provides continuous recording of concentrations of substances in open air and in the atmosphere of vapor wells.

(c) Samples will be analyzed for those substances specified in the permit. Unless the Department specifies in the permit parameters and constituents for which samples described in subsection (b) of this section shall be analyzed, the owner or operator shall analyze the samples to determine the concentration of all constituents thatcause waste at the regulated unit to be hazardous waste. The Department will specify for the regulated unit the location and frequency of monitoring and the type of statistical analysis that will be used. The owner or operator shall submit a report to the Department that indicates the results of the analysis and the concentrations of constituents in the air and soil-pore gas sampled. The report shall be submitted to the Department within 30 days of the date analyses are completed.

(d) If the owner or operator determines that there is an increase of hazardous constituents at any monitoring point under section 66264.705, the owner or operator shall:

(1) notify the Department of this finding in writing within seven days of the date such determination is made. The notification shall indicate what constituents have shown statistically significant increases;

(2) within 90 days of the determination, submit to the Department an application for a permit modification to modify the facility or operating practices at the facility.

(e) If the owner or operator determines that there is an increase of hazardous constituents at any monitoring point under section 66264.705, the owner or operator may demonstrate that a source other than the regulated unit 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 this subsection in addition to, or in lieu of, submitting a permit modification application under subsection (d)(2) of this section, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in subsection (d)(2) of this section unless the demonstration made under this subsection shows to the satisfaction of the Department that a source other than the regulated unit caused the increase or that the increase resulted from an error in sampling, analysis or evaluation. In making a demonstration under this subsection, the owner or operator shall:

(1) notify the Department in writing within seven days of determining an increase at any monitoring point that the owner or operator intends to make a determination under this subsection;

(2) within 90 days of determining the increase, submit a report to the Department demonstrating that a source other than the regulated unit caused the increase or that the increase resulted from error in sampling, analysis or evaluation;

(3) within 90 days of determining the increase, submit to the Department an application for a permit modification to make any appropriate changes to the monitoring program at the facility; and

(4) continue to monitor in accordance with the monitoring program established under this section.

(f) If the owner or operator determines that the detection monitoring program under this article does not satisfy the requirements of this section, the owner or operator shall, within 90 days of determining the increase, submit an application for a permit modification to make any appropriate changes to the program.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

Note

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.