Subchapter D. WATER QUALITY MONITORING
Sec.
290.301. Water quality monitoring.
290.302. Number, location and depth of monitoring points.
290.303. Standards for wells and casing of wells.
290.304. Assessment plan.
290.305. Abatement plan.
290.306. Recordkeeping.
290.307. Interim water quality monitoring requirements.
Cross References This section cited in 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity sites); 25 Pa. Code § 290.401 (relating to design and operation); 25 Pa. Code § 290.405 (relating to storage piles—general requirements); and 25 Pa. Code § 290.411 (relating to storage impoundments—operating requirements).
§ 290.301. Water quality monitoring.
(a) A water quality monitoring plan shall be submitted to the Department for approval prior to placement or storage of coal ash when required under this chapter.
(b) At a minimum, the water quality monitoring plan must include the following information:
(1) The location and design of downgradient and upgradient monitoring points.
(2) A minimum of 12 background samples from each monitoring point taken at monthly intervals prior to placement of coal ash, unless a greater number or frequency is required by the Department.
(3) The samples to be taken quarterly after approval from each monitoring point, unless a greater number or frequency is required by the Department.
(c) The person taking the samples and the laboratory performing the analysis required under this section shall employ the quality assurance/quality control procedures described in the EPA’s ‘‘Handbook for Analytical Quality Control in Water and Wastewater Laboratories’’ (EPA 600/4-79-019) or ‘‘Test Methods for Evaluating Solid Waste’’ (SW-846).
(d) The analytical methodologies used to meet the requirements of this section must be those in the most recent edition of the EPA’s ‘‘Test Methods for Evaluating Solid Waste’’ (SW-846), ‘‘Methods for Chemical Analysis of Water and Wastes’’ (EPA 600/4-79-020), ‘‘Standard Methods for Examination of Water and Wastewater,’’ prepared and published jointly by the American Public Health Association, American Waterworks Association, and Water Pollution Control Federation or a comparable method approved by the EPA or the Department. The laboratory making any chemical analysis for water quality monitoring must be in compliance with 27 Pa.C.S. Chapter 41 (relating to environmental laboratory accreditation).
(e) Samples shall be analyzed for pH (determined in the field and in the laboratory), temperature (determined in the field), specific conductance (at 25° C; determined in the field), alkalinity, acidity, sulfate, chloride, fluoride, nitrate, nitrite, ammonia, and total suspended solids without filtration.
(f) Samples shall be analyzed for total and dissolved aluminum, antimony, arsenic, barium, beryllium, boron, cadmium, calcium, chromium, cobalt, copper, iron, lead, magnesium, manganese, mercury, molybdenum, nickel, potassium, selenium, silver, sodium, thallium, vanadium, and zinc. In addition, the static water elevation for monitoring wells and the flow for springs, seeps and mine discharges must be measured.
(g) Additional parameters may be required by the Department based on conditions at the site and the specific characteristics of the coal ash being beneficially used.
(h) Water quality monitoring shall continue quarterly for a minimum of 5 years after final placement or storage of coal ash at the site, and annually thereafter from the end of year 5 through 10 years after final placement or storage of coal ash at the site. The Department may require more frequent or longer water quality monitoring if the results of water quality monitoring indicate that contamination may be occurring.
(i) Water quality monitoring data shall be submitted quarterly to and in the format required by the Department. Water quality monitoring data shall be submitted to the Department annually from the end of year 5 through 10 years after final placement or storage of coal ash at the site.
(j) The person required to develop and implement a water quality monitoring plan in accordance with § 290.101(d) (relating to general requirements for beneficial use) shall demonstrate attainment with applicable groundwater or surface water remediation standards as required in the event of groundwater or surface water degradation attributable to the placement of the coal ash. The applicable groundwater remediation standards are identified in § § 290.304 and 290.305 (relating to assessment plan; and abatement plan).
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use); and 25 Pa. Code § 290.307 (relating to interim water quality monitoring monitoring requirements).
§ 290.302. Number, location and depth of monitoring points.
(a) The water quality monitoring system shall accurately characterize groundwater and surface water flow, groundwater and surface water chemistry and flow systems on the site and adjacent area. The system must consist of the following:
(1) At least one monitoring point at a position hydraulically upgradient from the coal ash placement area in the direction of increasing static head that is capable of providing representative data of groundwater not affected by placement of coal ash, except when the coal ash placement area occupies the most upgradient position in the flow system. In that case, sufficient downgradient monitoring points shall be placed to determine the extent of adverse effects on groundwater from the coal ash placement.
(2) At least three groundwater monitoring points hydraulically downgradient in the direction of decreasing static head from the area in which coal ash has been or will be placed. The Department at its discretion may accept two downgradient monitoring points on small sites that can be well represented by two points. The Department may allow one or more springs, seeps and mine discharges to substitute for wells if these points are hydraulically downgradient from the area in which coal ash has been or will be placed and if these points will be as effective or more effective at monitoring the coal ash placement area than wells. Downgradient monitoring points must be hydrologically connected to the area of coal ash placement, and must be located and constructed so as to detect any chemical influence of the coal ash placement area. The downgradient points must be proximate enough to detect contaminants within the life of the placement operation. All monitoring points must be developed and protected in a manner approved by the Department.
(3) Surface water monitoring points where surface water monitoring is likely to show any chemical influence that the coal ash placement area may have on the hydrologic regime.
(b) The upgradient and downgradient monitoring points shall be:
(1) Sufficient in number, location and depth to be representative of water quality.
(2) Located so as not to interfere with routine operations at the site.
(3) Located within 200 feet of the coal ash placement area or mining activity area, except as necessary to comply with subsections (c) and (d). The Department may approve location at a greater distance based on the hydrology of the coal ash placement and adjacent areas.
(c) In addition to the requirements of subsection (b), upgradient monitoring points shall be located so that they will not be affected by effects on groundwater or surface water from the coal ash placement area.
(d) In addition to the requirements of subsection (b), downgradient monitoring points shall be located so that they will provide early detection of effects on groundwater or surface water from the coal ash placement area.
(e) Wells drilled under this section shall be drilled by drillers licensed under the Water Well Drillers License Act (32 P. S. § § 645.1—645.13).
(f) The well materials shall be decontaminated prior to installation.
Cross References This section cited in 25 Pa. Code § 290.304 (relating to assessment plan); and 25 Pa. Code § 290.307 (relating to interim water quality monitoring requirements).
§ 290.303. Standards for wells and casing of wells.
(a) A monitoring well shall be cased as follows:
(1) The casing must maintain the integrity of the monitoring well borehole and be constructed of material that will not react with the groundwater being monitored.
(2) The minimum casing diameter must be 4 inches unless otherwise approved by the Department in writing.
(3) The well must be constructed with a screen that meets the following requirements:
(i) The screen must be factory-made.
(ii) The screen may not react with the groundwater being monitored.
(iii) The screen must maximize open area to minimize entrance velocities and allow rapid sample recovery.
(4) The well must be filter-packed with chemically inert clean quartz sand, silica or glass beads, unless otherwise approved by the Department. The material must be well-rounded and dimensionally stable.
(5) The casing must extend at least 1 foot aboveground, unless the Department has approved flush mount wells.
(6) The annular space above the sampling depth must be sealed to prevent contamination of samples and the groundwater.
(7) The casing must be designed and constructed to prevent cross contamination between surface water and groundwater.
(8) Alternative casing designs for wells in stable formations may be approved by the Department.
(b) Monitoring well casings must be enclosed in a protective casing that must:
(1) Be of sufficient strength to protect the well from damage by heavy equipment and vandalism.
(2) Be installed for at least the upper 10 feet of the monitoring well, as measured from the well cap, with a maximum stick up of 3 feet, unless otherwise approved by the Department in writing.
(3) Be grouted and placed with a concrete collar at least 3 feet deep to hold it firmly in position.
(4) Be numbered for identification with a label capable of withstanding field conditions.
(5) Protrude above the monitoring well casing.
(6) Have a locked cap.
(7) Be made of steel or other material of equivalent strength.
Cross References This section cited in 25 Pa. Code § 290.304 (relating to assessment plan); and 25 Pa. Code § 290.307 (relating to interim water quality monitoring requirements).
§ 290.304. Assessment plan.
(a) A person shall prepare and submit to the Department an assessment plan within 60 days after one of the following occurs:
(1) Data obtained from water quality monitoring by the Department or the person indicates statistically significant degradation. Statistical evaluation of water quality monitoring data shall be made using one or more of the methods in 40 CFR 258.53(g) and (h) (relating to ground-water sampling and analysis requirements).
(2) Laboratory analysis of one or more public or private water supplies indicates groundwater or surface water contamination is occurring that could reasonably be attributed to the coal ash placement.
(b) An assessment under this section must consist of chemical data and a supporting narrative, if one of the following applies:
(1) Within 10 working days after receipt of sample results indicating groundwater or surface water degradation, the person resamples the affected monitoring points and analysis from resampling shows, to the Department’s satisfaction, that groundwater or surface water degradation has not occurred.
(2) Within 20 working days after receipt of sample results indicating groundwater or surface water degradation, the person demonstrates that the degradation was caused by seasonal variations or activities unrelated to coal ash placement.
(c) The assessment plan must specify the manner in which the person will determine the existence, quality, quantity, areal extent and depth of groundwater or surface water degradation and the rate and direction of migration of contaminants. An assessment plan shall be prepared and sealed by a professional geologist licensed to practice in this Commonwealth. The plan must contain the following information:
(1) For wells, lysimeters, borings, pits, piezometers, springs, seeps, mine discharges and other assessment structures or devices, the number, location, size, casing type and depth, as appropriate. If the assessment points are wells, they shall be constructed in accordance with § § 290.302 and 290.303 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).
(2) The sampling and analytical methods for the parameters to be evaluated.
(3) The evaluation procedures, including the use of previously gathered groundwater or surface water quality and quantity information, to determine the concentration, rate and extent of groundwater or surface water degradation from the facility.
(4) A biological assessment of surface water, if required by the Department.
(5) An implementation schedule.
(6) Identification of the abatement standard that will be met.
(d) The assessment plan shall be implemented upon approval by the Department in accordance with the approved implementation schedule, and shall be completed in a reasonable time not to exceed 6 months, unless otherwise approved by the Department. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified. If the groundwater or surface water assessment indicates that contamination is leaving the coal ash placement site, the person shall notify, in writing, each owner of a private or public water supply that is located within 1/2-mile downgradient of the coal ash placement area that an assessment has been initiated.
(e) Within 45 days after the completion of the assessment plan, the person shall submit a report containing the new data collected, analysis of the data and recommendations on the necessity for abatement.
(f) If the Department determines after review of the assessment report that implementation of an abatement plan is not required under § 290.305 (relating to abatement plan), the person shall submit a revised water quality monitoring plan to the Department for approval that contains any necessary changes to the plan and an application for permit modification, if applicable. The person shall implement the modifications within 30 days of the Department’s approval.
(g) This section does not prevent the Department from requiring or the person from conducting abatement or water supply replacement concurrently with or prior to implementation of the assessment.
Cross References This section cited in 25 Pa. Code § 290.301 (relating to water quality monitoring); and 25 Pa. Code § 290.305 (relating to abatement plan).
§ 290.305. Abatement plan.
(a) The person that is required to conduct water quality monitoring as part of coal ash beneficial use or storage shall prepare and submit to the Department an abatement plan whenever one of the following occurs:
(1) The assessment plan prepared and implemented under § 290.304 (relating to assessment plan) shows the presence of groundwater or surface water degradation for one or more contaminants at one or more monitoring points and the analysis indicates that an abatement standard will not be met at the compliance points.
(2) Monitoring by the Department or person shows the presence of an abatement standard exceedance from one or more compliance points even if an assessment plan has not been completed. The person is not required to implement an abatement plan under this paragraph if the following apply:
(i) Within 10 days after receipt of sample results showing an exceedance of an abatement standard at a point of compliance, the person resamples the affected monitoring points.
(ii) Analysis from resampling shows to the Department’s satisfaction that an exceedance of an abatement standard has not occurred.
(3) A biological assessment of surface water implemented under § 290.304(c)(4) shows a detrimental effect on biota is occurring.
(b) An abatement plan shall be prepared and sealed by a professional geologist licensed to practice in this Commonwealth. The plan must contain the following information:
(1) The specific methods or techniques to be used to abate groundwater or surface water degradation at the facility.
(2) The specific methods or techniques to be used to prevent further groundwater or surface water degradation from the facility.
(3) A schedule for implementation.
(c) If abatement is required in accordance with subsection (a), the person shall demonstrate compliance with one or more of the following standards at the identified compliance points:
(1) For constituents for which Statewide health standards exist, the Statewide health standard for that constituent at and beyond 500 feet of the perimeter of the coal ash placement area or at and beyond the property boundary, whichever is closer.
(2) The background standard for constituents at and beyond 500 feet of the perimeter of the coal ash placement area or at and beyond the property boundary, whichever is closer. Load-based standards at groundwater discharge points are acceptable if a permit was issued under Chapter 87, Subchapter F or Chapter 88, Subchapter G (relating to surface coal mines: minimum requirements for remining areas with pollutional discharges; and anthracite surface mining activities and anthracite bank removal and reclamation activities: minimum requirements for remining areas with pollutional discharges).
(3) For constituents for which no primary MCLs under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. § § 300f—300j-18; and 35 P. S. § § 721.1—721.17) exist, the risk-based standard at and beyond 500 feet of the perimeter of the coal ash placement area or at and beyond the property boundary, whichever is closer, if the following conditions are met:
(i) The risk assessment used to establish the standard assumes that human receptors exist at the property boundary.
(ii) The level is derived in a manner consistent with the health risk assessment portions of the Department’s Land Recycling Program Technical Guidance Manual (253-0300-100) or other standard procedures commonly used in the environmental field for assessing the health risks of environmental pollutants.
(iii) The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2692) or other scientifically valid studies approved by the Department.
(iv) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level of 1 x 10-5 at the property boundary.
(d) For measuring compliance with secondary contaminants under subsection (c)(1) or (3), the Department may approve a compliance point beyond 500 feet on land owned by the owner of the coal ash placement area.
(e) The abatement plan shall be completed and submitted to the Department for approval within 90 days of the time the obligation arises under this section unless the date is otherwise modified, in writing, by the Department.
(f) If the Department determines that the proposed plan is inadequate, the Department may modify the plan and approve the plan as modified or require the submission of an approvable modification.
(g) The abatement plan shall be implemented within 60 days of approval by the Department in accordance with the approved implementation schedule.
(h) If, after plan approval or implementation, the Department finds that the plan is incapable of achieving the groundwater or surface water protection contemplated in the approval, the Department may issue one or more of the following:
(1) An order requiring the person to submit proposed modifications to the abatement plan.
(2) An order requiring the person to implement the abatement plan as modified by the Department.
(3) Another order the Department deems necessary to aid in the enforcement of the acts.
Cross References This section cited in 25 Pa. Code § 290.301 (relating to water quality monitoring); and 25 Pa. Code § 290.304 (relating to assessment plan).
§ 290.306. Recordkeeping.
A person subject to the requirements of this subchapter shall retain records of analyses and evaluations of monitoring data and groundwater elevations required under this subchapter for a minimum of 3 years after water quality monitoring ceases and make the records available to the Department upon request.
§ 290.307. Interim water quality monitoring requirements.
This section applies to sites where coal ash has been stored or placed for beneficial use prior to December 11, 2010, and continues to be stored or placed for beneficial use following December 11, 2010.
(1) For sites not previously subject to water quality monitoring requirements:
(i) A water quality monitoring plan meeting the requirements of § 290.301(b)(1) and (3) (relating to water quality monitoring) shall be submitted to the Department by December 12, 2011.
(ii) The water quality monitoring plan shall be implemented within 1 year of the Department’s approval of the plan.
(2) For sites previously subject to water quality monitoring requirements:
(i) New monitoring points and replacement wells constructed after December 11, 2010, must comply with the requirements in § § 290.302(b)—(f) and 290.303 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).
(ii) All water quality monitoring after March 11, 2011, must include the parameters in § 290.301(e) and (f) and any parameters added by the Department based onsite conditions in accordance with § 290.301(g).
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