---
kind: "section"
citation: "40 C.F.R. § 147.2908"
title: "40"
number: "147.2908"
heading: "Aquifer exemptions."
url: "https://uscodex.org/cfr/40/147.2908"
---

# §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.

## Notes

### 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.