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Additionally, as noted above, if the Board determines that certain relevant information <br />should have been considered, the Board would likely remand the permit decision back to <br />the Region. E.g., Steel Dynamics, 9 E.A.D. at 179-80 (remanding because data was not <br />included in the public record); In re Knauf Fiber Glass, GMBH, 8 E.A.D. 121, 141-44 & <br />nn. 32, 34, 174-75 (EAB 1999) (remanding, in part, to correct serious deficiencies in the <br />administrative record and because of the failure to include certain details in the <br />administrative record); In re Haw. Elec. Light Co., 8 E.A.D. 66, 99-103 (EAB 1998) <br />(declining to rely upon new data on appeal and remanding to allow permitting authority <br />to prepare updated report, followed by notice and comment). <br />In re USGENNew England, Inc. Brayton Point Station, 11 E.A.D. 525, 562 n. 61 (EAB 2004) <br />The EPA is expressly authorized to require submittal of this relevant pump test <br />information pursuant to 40 CFR § 144.27. Indeed, although drafted prior the finalization of the <br />complete Class V regulatory program, the EPA's Statement of Basis and Purpose for the <br />agency's Underground Injection Control Regulations issued by the EPA's Office of Drinking <br />Water (May, 1980; National UIC Program Docket Control Number D 01079) demonstrates the <br />need for EPA review of this information based on potential problems that can occur where <br />injectate containing contaminants is injected above or below an underground source of drinking <br />water and the geologic information is lacking: <br />[I]f the confining stratum which separates the injection zone from an overlying or <br />underlying underground source of dirking water is either fractured or permeable, the <br />fluids can migrate out of the receiving formation and into the protected region. <br />For obvious reasons, there are no well construction standards which can address this <br />problem of migration of fluids through this pathway. Consequently, the regulations <br />propose two provisions to assure that fluids do not travel this pathway into underground <br />drinking water. First, the regulations require that, prior to the issuance of a permit, the <br />geologic characteristics of the injection zone and confining strata be reviewed. Data <br />already available from the states can assist Directors in making these reviews. A permit <br />should only be issued upon the Director's finding that the underground formations are <br />sufficiently sound to contain fluids in the injection zone. <br />Statement of Basis and Purpose for the agency's Underground Injection Control Regulations <br />issued by the EPA's Office of Drinking Water (May, 1980; National UIC Program Docket <br />Control Number D 01079), at 13-14 (attached as Exhibit 7). <br />11