[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.93]

[Page 262-263]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
          Subpart F_Releases From Solid Waste Management Units
 
Sec.  264.93  Hazardous constituents.

    (a) The Regional Administrator will specify in the facility permit 
the hazardous constituents to which the ground-water protection standard 
of Sec.  264.92 applies. Hazardous constituents are constituents 
identified in appendix VIII of part 261 of this chapter that have been 
detected in ground water in the uppermost aquifer underlying a regulated 
unit and that are reasonably

[[Page 263]]

expected to be in or derived from waste contained in a regulated unit, 
unless the Regional Administrator has excluded them under paragraph (b) 
of this section.
    (b) The Regional Administrator will exclude an appendix VIII 
constituent from the list of hazardous constituents specified in the 
facility permit if he finds that the constituent is not capable of 
posing a substantial present or potential hazard to human health or the 
environment. In deciding whether to grant an exemption, the Regional 
Administrator will consider the following:
    (1) Potential adverse effects on ground-water quality, considering:
    (i) The physical and chemical characteristics of the waste in the 
regulated unit, including its potential for migration;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity of ground water and the direction of ground-water 
flow;
    (iv) The proximity and withdrawal rates of ground-water users;
    (v) The current and future uses of ground water in the area;
    (vi) The existing quality of ground water, including other sources 
of contamination and their cumulative impact on the ground-water 
quality;
    (vii) The potential for health risks caused by human exposure to 
waste constituents;
    (viii) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents;
    (ix) The persistence and permanence of the potential adverse 
effects; and
    (2) Potential adverse effects on hydraulically-connected surface 
water quality, considering:
    (i) The volume and physical and chemical characteristics of the 
waste in the regulated unit;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity and quality of ground water, and the direction of 
ground-water flow;
    (iv) The patterns of rainfall in the region;
    (v) The proximity of the regulated unit to surface waters;
    (vi) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters;
    (vii) The existing quality of surface water, including other sources 
of contamination and the cumulative impact on surface-water quality;
    (viii) The potential for health risks caused by human exposure to 
waste constituents;
    (ix) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents; and
    (x) The persistence and permanence of the potential adverse effects.
    (c) In making any determination under paragraph (b) of this section 
about the use of ground water in the area around the facility, the 
Regional Administrator will consider any identification of underground 
sources of drinking water and exempted aquifers made under Sec.  144.8 
of this chapter.

[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]