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.
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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.
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