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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