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EPA asserts that the prior pump test data is not required to be submitted in the context of <br />the agency's permitting decision because "[b]oth the Draft and Final Permits require that the <br />results of the proposed aquifer-pump test be submitted to EPA for review before EPA authorizes <br />injection of the stored groundwater back into the A2 sandstone." Responsiveness Summary at <br />16. This characterization is inaccurate, as the Final Permit Condition E requires only that <br />Powertech submit "a summary of the aquifer-pump test results." Final Permit at 4 (attached as <br />Exhibit 8). A "summary" of the results does not equate to the underlying data in terms of <br />completeness for review, and as such this Condition is inadequate. In any case, this information <br />will presumably be submitted and then reviewed by EPA without any public review or further <br />ability for comment, thus depriving the public of any meaningful opportunity to raise concerns or <br />otherwise question the results. Such a tactic of requiring such important and determinative <br />information to be considered outside of the normal public process effectively eliminates public <br />participation in the permitting process and should not be allowed. Importantly, nowhere in the <br />permitting documents does EPA assert that the prior pump test information is confidential, <br />burdensome to acquire, or unavailable in any way. <br />In this case, because the EPA's conclusions, including the pivotal "50 feet" <br />determination, were made without support in the administrative record, the Board should remand <br />the permit back to the agency for a complete review as required by the Administrative Procedure <br />Act. <br />II. EPA failed to require submittal, or to conduct any review of, relevant <br />information regarding the existence and condition of historic bore-hole <br />drilling in the vicinity of the proposed injection well. <br />Similar to the missing pump test data, EPA failed to require the applicant to provide any <br />information related to the location of historic bore-holes drilled in the area. These old wells may <br />12