020-11 Wyo. Code R. §§ 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 Department as Class V aquifers under Chapter 8 of the Water Quality Rules;

(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 EPA 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

(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);

(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:

(I) The permit boundary;

(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 Water Quality Administrator to the EPA as a state program revision pursuant to 40 CFR 145.32.

Notes

020-11 Wyo. Code R. §§ 11-11

Amended, Eff. 11/13/2018. Amended, Eff. 11/17/2022.