020-13 Wyo. Code R. §§ 13-4 - Control of Class I well subsurface discharges; permit required; aquifer exemptions

(a) Class I wells shall be allowed only pursuant to the Wyoming Environmental Quality Act, Chapter VIII, Wyoming Water Quality Rules and Regulations, and this chapter.

(b) Discharges into or construction of Class I wells are prohibited unless a permit has been obtained from the Department of Environmental Quality through the Water Quality Division.

(c) Injections from Class I wells shall be restricted to those receivers defined as Class VI groundwaters by the department pursuant to Chapter VIII, Quality Standards for Wyoming Groundwaters, Water Quality Rules and Regulations and receivers which have obtained an aquifer exemption pursuant to this section.

(d) Permits may be issued for individual wells or on an area basis except Class I hazardous waste wells, which shall have individual permits.

(e) The procedure for obtaining an aquifer exemption from the U.S. Environmental Protection Agency shall be as follows:

(i) Water Quality Division shall submit one complete copy of the application, the Draft Permit, and the public notice to the U.S. Environmental Protection Agency, Region VIII. This submission shall be made so that EPA receives the complete application at least twenty (20) days prior to the scheduled start of the public comment period.

(ii) When the aquifer exemption request is for an aquifer containing 3,000 mg/l or more of total dissolved solids, the following procedure shall be used: Within forty five (45) days of EPA receipt of a complete aquifer exemption request, EPA shall provide the department a written interim determination of intention to issue or deny the aquifer exemption pending receipt and review of the results of the public participation process conducted by the department. The interim response will become final if there are no comments relating to the aquifer exemption request during the comment or hearing process. If comments are received during the public comment or hearing process, the interim response will become final if not modified by EPA in writing within thirty (30) days of receipt of all comments.

(iii) An aquifer exemption request for an aquifer containing less than 3,000 mg/l of total dissolved solids requires the aquifer exemption request to be processed as a program revision pursuant to 40 CFR 145.32.

Notes

020-13 Wyo. Code R. §§ 13-4