[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR194.25]

[Page 47]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 194_CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE 
 
         Subpart C_Compliance Certification and Re-certification
 
Sec. 194.25  Future state assumptions.

    (a) Unless otherwise specified in this part or in the disposal 
regulations, performance assessments and compliance assessments 
conducted pursuant the provisions of this part to demonstrate compliance 
with Sec. 191.13, Sec. 191.15 and part 191, subpart C shall assume 
that characteristics of the future remain what they are at the time the 
compliance application is prepared, provided that such characteristics 
are not related to hydrogeologic, geologic or climatic conditions.
    (b) In considering future states pursuant to this section, the 
Department shall document in any compliance application, to the extent 
practicable, effects of potential future hydrogeologic, geologic and 
climatic conditions on the disposal system over the regulatory time 
frame. Such documentation shall be part of the activities undertaken 
pursuant to Sec. 194.14, Content of compliance certification 
application; Sec. 194.32, Scope of performance assessments; and Sec. 
194.54, Scope of compliance assessments.
    (1) In considering the effects of hydrogeologic conditions on the 
disposal system, the Department shall document in any compliance 
application, to the extent practicable, the effects of potential changes 
to hydrogeologic conditions.
    (2) In considering the effects of geologic conditions on the 
disposal system, the Department shall document in any compliance 
application, to the extent practicable, the effects of potential changes 
to geologic conditions, including, but not limited to: Dissolution; near 
surface geomorphic features and processes; and related subsidence in the 
geologic units of the disposal system.
    (3) In considering the effects of climatic conditions on the 
disposal system, the Department shall document in any compliance 
application, to the extent practicable, the effects of potential changes 
to future climate cycles of increased precipitation (as compared to 
present conditions).