[Title 40 CFR 144.7]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter D - WATER PROGRAMS (CONTINUED)]
[Part 144 - UNDERGROUND INJECTION CONTROL PROGRAM]
[Subpart A - General Provisions]
[Sec. 144.7 - Identification of underground sources of drinking]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT222009-07-012009-07-01false144.7Sec. 144.7PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)WATER PROGRAMS (CONTINUED)UNDERGROUND INJECTION CONTROL PROGRAMGeneral Provisions
Sec. 144.7  Identification of underground sources of drinking
water and exempted aquifers.

    (a) The Director may identify (by narrative description, 
illustrations, maps, or other means) and shall protect, except where 
exempted under paragraph (b) of this section, as an underground source 
of drinking water, all aquifers or parts of aquifers which meet the 
definition of an ``underground source of drinking water'' in Sec. 
144.3. Even if an aquifer has not been specifically identified by the 
Director, it is an underground source of drinking water if it meets the 
definition in Sec. 144.3.
    (b)(1) The Director may identify (by narrative description, 
illustrations, maps, or other means) and describe in geographic and/or 
geometric terms (such as vertical and lateral limits and gradient) which 
are clear and definite,

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all aquifers or parts thereof which the Director proposes to designate 
as exempted aquifers using the criteria in 40 CFR 146.04.
    (2) No designation of an exempted aquifer submitted as part of a UIC 
Program shall be final until approved by the Administrator as part of a 
UIC program.
    (3) Subsequent to program approval or promulgation, the Director 
may, after notice and opportunity for a public hearing, identify 
additional exempted aquifers. For approved State programs exemption of 
aquifers identifed (i) under Sec. 146.04(b) shall be treated as a 
program revision under Sec. 145.32; (ii) under Sec. 146.04(c) shall 
become final if the State Director submits the exemption in writing to 
the Administrator and the Administrator has not disapproved the 
designation within 45 days. Any disapproval by the Administrator shall 
state the reasons and shall constitute final Agency action for purposes 
of judicial review.
    (c)(1) For Class III wells, the Director shall require an applicant 
for a permit which necessitates an aquifer exemption under Sec. 
146.04(b)(1) to furnish the data necessary to demonstrate that the 
aquifer is expected to be mineral or hydrocarbon producing. Information 
contained in the mining plan for the proposed project, such as a map and 
general description of the mining zone, general information on the 
mineralogy and geochemistry of the mining zone, analysis of the 
amenability of the mining zone to the proposed mining method, and a 
time-table of planned development of the mining zone shall be considered 
by the Director in addition to the information required by Sec. 
144.31(g).
    (2) For Class II wells, a demonstration of commercial producibility 
shall be made as follows:
    (i) For a Class II well to be used for enhanced oil recovery 
processes in a field or project containing aquifers from which 
hydrocarbons were previously produced, commercial producibility shall be 
presumed by the Director upon a demonstration by the applicant of 
historical production having occurred in the project area or field.
    (ii) For Class II wells not located in a field or project containing 
aquifers from which hydrocarbons were previously produced, information 
such as logs, core data, formation description, formation depth, 
formation thickness and formation parameters such as permeability and 
porosity shall be considered by the Director, to the extent such 
information is available.