40 CFR 147.2908 - Aquifer exemptions.

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§ 147.2908 Aquifer exemptions.

(a) After notice and opportunity for a public hearing, the Administrator may designate any aquifer or part of an aquifer as an exempted aquifer.

(b) An aquifer or its portion that meets the definition of a USDW may be exempted by EPA from USDW status if the following conditions are met:

(1) It does not currently serve as a source of drinking water, and

(2) It cannot now and will not in the future serve as a source of drinking water because:

(i) It is hydrocarbon producing, or can be demonstrated by a permit applicant as a part of a permit application for a Class II operation to contain hydrocarbons that are expected to be commercially producible (based on historical production or geologic information); or

(ii) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or

(iii) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

(3) The Total Dissolved Solids content of the groundwater is more than 3,000 and less than 10,000 mg/1 and it is not reasonably expected to supply a public water system.

Title 40 published on 2015-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 147 after this date.

  • 2015-11-10; vol. 80 # 217 - Tuesday, November 10, 2015
    1. 80 FR 69629 - Request for Comment: Kentucky Underground Injection Control (UIC) Program; Primacy Approval
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      Notice of public comment period and opportunity to request a public hearing.
      Comments will be accepted on or before December 23, 2015. Requests for a public hearing must be received by December 9, 2015. Requests for a hearing should be mailed to Nancy Marsh (see the FOR FURTHER INFORMATION CONTACT section). The EPA will determine by December 11, 2015, whether there is sufficient interest to warrant a public hearing. If determined to be warranted, the public hearing will be held on December 16, 2015 at 1:00 p.m. in Conference Room #D16 at the Department for Natural Resources, #2 Hudson Hollow, Frankfort, KY 40601. For additional information regarding the public hearing, please contact Nancy Marsh.
      40 CFR Part 147