PART 270 SUBPART B - PERMIT APPLICATION DOC: 9523.07(84) Key Words: Definitions Regulations: Subject: (Permit Policy Question and Answer Quarterly Report) Definition Addressee: Regional Hazardous Waste Management Directors, Regions I-X Originator: Bruce Weddle, Director, Permits and State Program Branch Source Doc: See Miscellaneous [9560.09(84) GW Protection Standards, Question #2] Date: 9-10-84 Summary: EPA cannot declare a Part B application complete without ground-water monitoring data. It can use enforcement to secure a facility's compliance with Part 265 ground-water monitoring requirements, §3013 orders if a substantial hazard is suspected, and §270.14(c) to obtain necessary ground- water monitoring information. ------- PERMIT POLICY CUr:,STION S ANS'..'?:S CCA?.TS"LY R.=:?0?:7 1. Cues?: ion: Co the definitions or "uppermost aquifer" and "aquifer* include tne top nost saturated clay layor even though that stratum 13 net used as a groundvatsr resource? 40 C?3 260.10. Ar.v.v^r: Tho 26 July 1932 pr^anble suggests that "significant yield" of grcundvator is determined on a case by case baai_3, dopondinq on site specific factors. . Significant yield in tu.e Southwest is likely to be a nuch lower quantity than a ign i : leant yi'j.l-J in the -tj.^t. In addition, the flow fro^ a r.unber of well systens c.in be cot.iled in order to reach the lovel of significance, Thus, if the saturated, clay layer can produce a significant yeild oc tjccundvacer frcn .3 single well or fron a ccnbinatior. of w-ills, then tr.at layor .r.ay seet the definition of an aquifer. If tn.at layer is ai3o-tho forr.ation nearest to. the natural ground surface or is hydraul ical ly interconntsct^d to such a surface. it r.cecs the definition of uppermost aquifer.' 2. Question: Can EPA declare a Part R application even thcuvjh the applicant haa not subnitted ground-water r.oni- tcring (GWM) data?" 40 CF^ 264 Subpart ? and 40 C?S 270.14(0) Answer: r.'o. The A.jency cannot declare a permit application. cer-plete without ground water r.cnitoring data. Tn<2 Agency can use enforcement to secure facilities' ccnpliar.ce with. Part 265 ground water ncnitoring requirHr.ents, S3013 orders if a substan tial hazard is suspected, anc the authority of 40 CFP- 270.14(c) to obtain the necessary ground water n-.oni toring information. f.ore dacaiiod guidance on this issue will be issued shortly. CESICN isD O??:?ATI?;G STA 1. Ouestion: Can a facility comply'with the- lir.er requirenents by placing waste below the saturated zone 30 that ground water flows inco tne cell, thus preventing waste migration 'cut of the cell. 40 C?R 264.301(a); Answer: No. The "regulatory intent is- that compliance with 264.301(a) is to bo achieved by construction of a liner rather than reliance en hycrcgeolcgic forces, . ••*-. 2. Cuestion: Can-*an applicant receive a variance fron a specific design or operating'requirenent when the regulations do not contain a variance provision for that standard? Answer: r.'o. Ti>» recula tior.s have no general provision for waiving specific sections on a casa by case basis. Taaro are, however/ instances where the regulations provide alternative . means for co-plying with, or waiving, a specific section. ------- |