§147.2908. Aquifer exemptions.
40 C.F.R. § 147.2908
After notice and opportunity for a public hearing, the Administrator may designate any aquifer or part of an aquifer as an exempted aquifer.
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:
It does not currently serve as a source of drinking water, and
It cannot now and will not in the future serve as a source of drinking water because:
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
It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or
It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or
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.
Notes, amendments, and revision history
Authority
Authority: Safe Drinking Water Act, 42 U.S.C. 300h.
Source
Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.
Authority
Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.
Source
Source: 49 FR 20197, May 11, 1984, unless otherwise noted.