Section 11-11 - Aquifer Classification and Exemption (a) Injections from Class III wells shall be restricted to those production zones that: - (i) Have been classified by the Wyoming Department of Environmental Quality as Class V aquifers under Chapter 8 of the Water Quality Division Rules and Regulations; and
- (ii) Have concentrations of Total Dissolved Solids:
- (A) Less than 10,000 milligrams per liter; meet the definition of an "Underground Source of Water " as defined in Section 1 of this Chapter; and have been approved as an exempted aquifer by the U.S. Environmental Protection Agency pursuant to Section 11(b) of this Chapter; or
- (B) Greater than 10,000 milligrams per liter; and
- (iii) Are located in a geologic and hydrologic setting in which movement of fluid, containing any contaminant, into unauthorized zones can be prevented.
(b) An aquifer, or a portion thereof, which meets the criteria for an Underground Source of Water as defined in Section 1 of this Chapter may be designated as an "exempted aquifer": - (i) If it meets the following criteria:
- (A) It does not currently serve as a source of water for uses as described in Chapter 8 of the Water Quality Rules and Regulations; and
- (B) It cannot now and will not in the future serve as a source of drinking water as defined by the EPA by meeting standards listed in 40 CFR 146.4(b) (as amended December 10, 2010);
- (ii) As demonstrated by information in the permit or Research and Development License application, including:
- (A) A map and description identifying and describing in geographic and/or geometric terms (such as vertical and lateral limits and gradient) all aquifers or parts thereof which the applicant proposes to exempt;
- (B) Information to document that the exemption area is commercially producible as demonstrated by:
- (II) A description and calculations that support the proposed distance beyond the monitor well ring boundary required to mine and to restore groundwater;
- (III) General information on the mineralogy and geochemistry of the receiving strata; and
- (IV) The type of mining technology used to extract the mineral; and
- (C) Analysis of the amenability of the receiving strata to the proposed mining method; and a timetable of planned development of the receiving strata.
(c) A request for an aquifer exemption shall be presented by the WQD Administrator to the EPA as a state program revision pursuant to 40 CFR 145.32 (as amended December 10, 2010).
020-11 Wyo. Code R. § 11-11
Amended, Eff. 11/13/2018.