2 Colo. Code Regs. § 404-1-802
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-802 - UIC AQUIFER EXEMPTIONSa.Purpose. UIC Aquifer exemptions are required for an Operator to inject Fluids into a formation containing Groundwater with total dissolved solids ("TDS") concentration less than 10,000 milligrams per liter ("mg/l"). The Commission or Director will not designate UIC Aquifers if they have a TDS concentration less than 3,000 mg/l.b.Criteria for UIC Aquifer Exemptions. The Commission or the Director may designate a UIC Aquifer as exempt upon the filing of an application pursuant to Rules 803, 809, 810, or 811, and after coordination with CDPHE's Water Quality Control Division if it meets all of the following criteria:(1) The UIC Aquifer does not currently serve as an Underground Source of Drinking Water or domestic water source, and is not classified for domestic use by the Water Quality Control Commission; and(2) The Applicant demonstrates that the UIC Aquifer cannot now and will not in the future serve as a source of drinking water for one of the following reasons: A. It is mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by filing an application pursuant to Rules 803, 809, 810, or 811 to contain minerals or hydrocarbons that, considering their quantity and location, are technologically feasible to develop and can be commercially produced; orB. It is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; and(3) The Applicant demonstrates that the UIC Aquifer cannot now and will not in the future serve as a source of agricultural water for one of the following reasons:A. It is mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by filing an application pursuant to Rules 803, 809, 810, or 811 to contain minerals or hydrocarbons that, considering their quantity and location, are technologically feasible to develop and can be commercially produced; orB. It is so contaminated that it would be economically or technologically impractical to render the water fit for agricultural use.c.UIC Aquifer Exemption Public Notice. If a UIC Aquifer exemption is required as part of an injection permit application process, the Operator will apply for a UIC Aquifer exemption. The application will contain data and information that show the UIC Aquifer meets the exemption criteria set forth in Rule 802.b. After evaluation of the application and prior to designating a UIC Aquifer or a portion thereof as an exempted UIC Aquifer, the Director will publish a notice of proposed designation on the Commission's website and in a newspaper of general circulation serving the area where the UIC Aquifer is located. The Director will also provide notice of the proposed Aquifer exemption to the Relevant Local Government with land use authority above the proposed Injection Zone. The notice will identify the UIC Aquifer or portion thereof that the Director proposes to designate as exempted, and will state that any interested person may request a hearing before the Commission.d.Evaluation of Written Requests for Public Hearing. Written requests for a public hearing before the Commission will be reviewed and evaluated by the Commission to determine if the criteria set forth in Rule 802.b have been met. If, within 30 days after publication of the notice, the Commission receives a timely hearing request, the Commission will hold such a hearing pursuant to Rule 510. If no request for hearing is filed within 30 days after publication of the notice, the UIC Aquifer or portion thereof will be considered exempted 30 days after publication of the notice.e.Submission to EPA. If the Commission approves a UIC Aquifer exemption pursuant to Rule 802.d, the Director will promptly submit a formal request for approval of the exemption to EPA. A UIC Aquifer exemption is not effective until it receives final approval from EPA.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022