Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.10 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Rule 17.53.1004 - BACKGROUND AND PERIODIC TESTING OF SOILS, SURFACE WATERS AND AQUIFERS

Current through Register Vol. 13, July 5, 2024
(1) The owners and operators of boilers and
				industrial furnaces burning hazardous waste shall perform background and
				periodic testing of soils, surface waters and aquifers.
(2) Soils must be sampled and analyzed for
				total metals and pH, or other constituents as determined by the department,
				from surface locations that are predominantly downwind of the stack or
				facility. The number of samples and locations is determined during the permit
				application or permit review process. Background samples must be tested prior
				to burning hazardous waste. Soil samples must be taken on an annual basis. The
				results of the annual sampling must be compared to the background
				results.
(3) Surface waters must be
				sampled and analyzed for total metals and pH, or other constituents as
				determined by the department, from surface locations that are predominantly
				downstream from the stack or facility. This requirement does not apply if there
				are no streams, rivers, lakes or wetlands within 1 mile of the boiler or
				industrial furnace. The number of samples and locations is determined during
				the permit application or permit review process. Background samples must be
				tested prior to burning hazardous waste. Surface water samples must be taken on
				an annual basis. The results of the annual sampling must be compared to the
				background results.
(4) Groundwater
				from the uppermost aquifer underlying the property must be sampled and analyzed
				for total metals and pH, or other constituents as determined by the department,
				if it is determined during the permit application or permit review process that
				aquifer testing is warranted. This determination must be made by the department
				based, in part, on review of the Part B application regarding known geologic
				and hydrogeologic conditions underlying the site, including use of the aquifer.
				If required, the number of samples and locations is determined during the
				permit review process. Background samples must be tested prior to burning
				hazardous waste. Groundwater must be sampled on an annual basis. The results of
				the annual sampling must be compared to the background results.
(5) Sampling and analysis must be in
				conformance with procedures described in Test Methods for Evaluating Solid
				Waste, Physical/Chemical Methods. The statistical methodology is the same
				employed for Bevill residue determinations as described in 40 CFR 266, Appendix
				IX. That is, the annual samples (taken after hazardous wastes are burned) must
				be compared to background samples for the constituents of concern. The 95%
				confidence interval in relation to the mean of the background levels must be
				used in the comparison of the annual and background samples. The concentration
				of a constituent in the annual sample is not considered to be significantly
				higher than in the background sample if the concentration does not exceed the
				upper limit of the 95% confidence interval in relation to the mean that was
				established for the background level.
(6) The results of the sampling and analysis
				program for soils, surface waters and aquifers are evaluated at the time of
				permit application or permit review. The department shall use the results to
				evaluate the possibility of interference from sources other than the boiler or
				industrial furnace. If the department determines that statistically increased
				contamination from the facility is apparent, then the department may require
				additional testing, restrict the feed rates of certain hazardous wastes, deny
				reissuance of the permit or revoke the permit.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;