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43.90(f)(1) • <br />(1) Even when constituents meet all three tests in the definition of <br />• hazardous constituent, the Agency may exclude a detected consti- <br />tuent from the set of hazardous constituents on a site-specific <br />basis if it finds that the constituent is not capable of posing a <br />substantial present or potential hazard to human health or the <br />environment. In deciding whether to exclude constituents, the <br />Agency will consider the following: <br />(i) Potential adverse effects on groundwater quality, <br />considering the: <br />(a) physical and chemical characteristics of the waste in <br />the licensed site, including its potential for migra- <br />tion; <br />(b) hydrogeological characteristics of the licensed site <br />and surrounding land; <br />Cc) quantity of groundwater and the direction of ground- <br />water flow; <br />(d) proximity of groundwater users and groundwater with- <br />drawal rates; <br />(e) current and future uses of groundwater in the area; <br />• (f) existing quality of groundwater, including other <br />sources of contamination and cumulative impact on the <br />groundwater quality; <br />(~) potential for hutaan health risks; <br />(h) potential damage to wildlife, crops, vegetation, and <br />physical structures; and <br />(i) persistence of potential adverse effects. <br />(ii) Potential adverse effects on quality of hydraulically- <br />connected surface water, considering the: <br />(a) volume and physical and chemical characteristics of the <br />byproduct material in the licensed site; <br />(b) hydrogeological characteristics of the licensed site <br />and surrounding land; <br />(c) quantity and quality of groundwater and the direction <br />of groundwater flow; <br />(d) patterns of rainfall in the region; <br />(e) proximity of the licensed site to surface waters; <br />• <br />43 - 19 (April 1990) <br />