UIC Program and Aquifer Exemptionsnma.org/pdf/2013urw/underground_injection_update.pdf · UIC Permitting at ISL Sites UIC Class III • Governs injection wells drilled to recover

UIC Program

and Aquifer Exemptions

Uranium Recovery Workshop

May 1-2, 2013

Denver, CO

Presentation Outline

Key Principles • Safe Drinking Water Act (SDWA) andUnderground Injection Control (UIC)

Program

• Protecting Underground Sources of Drinking Water (USDW)

• Well Classification

• UIC Program Primacy

Aquifer Exemptions • Roles in the process and procedure for exemptions

• Basis for exemption

• Deciding about drinking water sources

• Inventory and current landscape

• Licensing and Permitting for In Situ Leaching Uranium Mining

May 2013 U.S. Environmental Protection Agency 2

NMA/NRC Uranium Workshop 2013

Key UIC Program Principles

• Designed to prevent endangerment of underground sources of

drinking water from contamination by injection (SDWA 1421(b))

• Underground Source of Drinking Water (USDW)

an aquifer or its portion:

(a)(1) Which supplies any public water system; or

(2) Which contains a sufficient quantity of ground water to supply a public

water system; and

(i) Currently supplies drinking water for human consumption; or

(ii) Contains fewer than 10,000 mg/l total dissolved solids; and

(b) Which is not an exempted aquifer. (40CFR 144.3)

• All USDWs are required to be protected by the UIC program

May 2013

U.S. Environmental Protection Agency 3


4

UIC Program Primacy 33 States and Tribes have primary enforcement authority (primacy) for the UIC

program; EPA and States share program implementation in 7 States; EPA

directly implements the entire UIC Program in 10 states

May 2013 U.S. Environmental Protection Agency




Common UIC Approvals at ISL Sites

• Non-Hazardous Industrial Waste Disposal Wells (UIC Class I)

• Recovery Wells (UIC Class III)

• Aquifer Exemption

• Other Injection Wells (UIC Class V)

• Surface water runoff, sanitary waste, non-hazardous fluids, etc.



UIC Permitting at ISL Sites

UIC Class I (Industrial and Municipal Waste Disposal Wells)

• governs deep disposal of industrial, commercial, or municipal waste

below the deepest usable aquifer

• requires protective well construction and applied pressure

• For uranium ISL facilities a Class I permit is necessary to use deep well

injection for radioactive waste disposal



UIC Permitting at ISL Sites

UIC Class III

• Governs injection wells drilled to recover minerals

• Includes wells for in-situ mineral recovery of uranium and other metals,

solution mining of salts, potash, and Frasch process sulfur

• At uranium ISL facilities, this type of UIC permit covers wells that inject

lixiviant into the uranium mineralization



About Aquifer Exemptions

• Removes an aquifer or a portion from protection as a USDW

under SWDA

• Requires demonstrating the exempted aquifer isn’t used as a

drinking water source now, and not likely to be used as a future

drinking water source

• Final decision is by EPA

• Primacy UIC Program (State or Tribe) proposes an exemption, and EPA

MAY approve - through program revision, or by action or inaction



About Aquifer Exemptions

There are approximately 1400 aquifer exemptions nationwide

• ~ 93% associated with oil and gas production (Class II wells)

• ~ 4% related to Class III In Situ Leaching Uranium Mining wells

• ~ 3% related to Class I Industrial and Municipal Waste Disposal Wells

Most exemptions are associated with oil and gas production,

uranium production, or other mineral production

Most approved exemptions are in the northwestern and

southwestern United States



Roles EPA HQ

• Approves substantial AE (EPA Administrator)

• Codifies substantial revisions in 40 CFR 147

EPA Regional Offices • Reviews primacy program exemption approval requests

• Refers substantial revision requests to EPA HQ

• Approves/disapproves non-substantial exemptions (Regional Administrators)

• Provides notice and opportunity for public comment and/or hearing as necessary

• Issues UIC permits (in DI programs)

• Identifies and approves, with EPA HQ concurrence, exempted aquifers in areas where a region directly implements the UIC program

State / Tribal UIC Primacy Programs • Issues UIC permits

• Identifies exempted aquifers or portions of aquifers and basis for exemption

• Provide notice and opportunity for public comment and/or hearing

• Submits request, with supporting information, to EPA for approval



Basis for Approval

a) Does not currently serve as a source of drinking water, and

b) It cannot now and will not in the future serve as a source of drinking water because:

(1) It is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible.

(2) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;

(3) it is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

(4) it is located over a Class III well mining area subject to subsidence or catastrophic collapse;

OR...



Basis for Approval (continued...)

c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system, or

(d) The areal extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced gas recovery well may be expanded for the exclusive purpose of Class VI injection for geologic sequestration under § 144.7(d) of this chapter if it meets the following criteria:

(1) It does not currently serve as a source of drinking water; and

(2) The total dissolved solids content of the ground water is more than 3,000 mg/l and less than 10,000 mg/l; and

(3) It is not reasonably expected to supply a public water system.



Deciding about Drinking Water Sources

Deciding if the aquifer does not now serve as a source of drinking

water:

• Are there any drinking water wells in the vicinity?

• What is the time of travel for ground water in the area?

• Is ground water modeling necessary?

Deciding if the aquifer will not in the future serve as a drinking water

source:

• Is the aquifer mineral or hydrocarbon producing?

• How are depth and location compared to technology and economics?

• Is the aquifer contaminated?

• Is subsidence or collapse likely from UIC Class III operations?



EPA Guidance 34

• EPA Guidance 34 (January 9, 1984) covers UIC program revisions

for aquifer exemptions that require a program revision

• Supplements 40 CFR 146.4 Aquifer Exemption criteria

• Covers specific considerations associated with each exemption criteria

• Provides guidelines for regional review of requests

• Clarifies substantial and non-substantial program revisions

• Addresses review and approval of non-substantial program revisions

(responsibility of the Regional Administrator)

• Discusses evaluating current use of aquifer as a source of drinking water,

including surveying the proposed exemption area to identify any water

supply wells using the aquifer

• Clarifies that survey should cover a buffer zone of minimum ¼ of a mile

beyond the boundary of the exempted area



Current Landscape

• EPA is seeing more aquifer exemption requests with the rise in

energy extraction activities

• What is EPA currently doing on aquifer exemptions?

• Updating national inventory

• Assessing geographical information on existing AEs

• Ensuring AE review and approval process is consistent

• Reviewing new AE requests

• Responding to increased media inquiries and requests under the Freedom

of Information Act



Thank you!

For more information: http://water.epa.gov/type/groundwater/uic/index.cfm

http://www.epa.gov/region8/water/uic/

Dan Jackson

Region 8 UIC Program

[email protected]



http://water.epa.gov/type/groundwater/uic/index.cfm

http://www.epa.gov/region8/water/uic/

mailto:[email protected]

Documents

UIC Program and Aquifer Exemptionsnma.org/pdf/2013urw/underground_injection_update.pdf · UIC Permitting at ISL Sites UIC Class III • Governs injection wells drilled to recover