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
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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
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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
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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.
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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
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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
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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
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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
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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
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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...
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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.
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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?
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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
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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
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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
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