| (a) The commission adopts by reference 40 Code of Federal
Regulations (CFR) §257.94 (Detection monitoring program) as amended
through the April 17, 2015, issue of the Federal
Register (80 FR 21301), subject to the additions in this section.
(b) After making a determination of a statistically
significant increase (SSI) over the background value for any Appendix
III constituent adopted by reference in §352.1421 of this title
(relating to Appendix III - Constituents for Detection Monitoring)
at any monitoring well, the owner or operator shall notify the executive
director, and any local pollution agency with jurisdiction that has
requested to be notified, in writing within 14 days of this determination.
(c) After making a determination of an SSI over the
background value for any Appendix III constituent adopted by reference
in §352.1421 of this title at any monitoring well, the owner
or operator may submit an alternative source demonstration in accordance
with 40 CFR §257.94(e)(2) to the executive director for review.
In making a demonstration under this section, the owner or operator
must:
(1) notify the executive director, and any local pollution
agency with jurisdiction that has requested to be notified, in writing
within 14 days that the owner or operator intends to make an alternative
source demonstration under this section; and
(2) within 90 days of making a determination of an
SSI over the background value for any Appendix III constituent adopted
by reference in §352.1421 of this title, submit a report prepared
and certified in accordance with §352.4 of this title (relating
to Engineering and Geoscientific Information), to the executive director,
and any local pollution agency with jurisdiction that has requested
to be notified, demonstrating that a source other than a coal combustion
residuals unit caused the SSI or that the SSI resulted from error
in sampling, analysis, statistical evaluation, or natural variation
in groundwater quality.
(d) If the owner or operator does not make an alternative
source demonstration under this section satisfactory to the executive
director, then the owner or operator shall initiate an assessment
monitoring program as required in 40 CFR §257.94(e). The executive
director may require the owner or operator to install additional monitoring
wells to determine whether the demonstration is satisfactory. If the
owner or operator does make an alternative source demonstration under
this section that is satisfactory to the executive director, then
the owner or operator may continue to monitor in accordance with the
detection monitoring program established under this section.
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