(a) Injections from Class III wells shall be restricted to those production zones that: - (i) Have been classified by the Wyoming Department of Environmental Quality as Class V aquifers under Chapter 8 of the Water Quality Division Rules and Regulations; and
- (ii) Have concentrations of Total Dissolved Solids:
- (A) Less than 10,000 milligrams per liter; meet the definition of an "Underground Source of Water" as defined in Section 1 of this Chapter; and have been approved as an exempted aquifer by the U.S. Environmental Protection Agency pursuant to Section 11(b) of this Chapter; or
- (B) Greater than 10,000 milligrams per liter; and
- (iii) Are located in a geologic and hydrologic setting in which movement of fluid, containing any contamination, into unauthorized zones can be prevented.
(b) An aquifer, or a portion thereof, which meets the criteria for an Underground Source of Water as defined in Section 1 of this Chapter maybe designated as an "exempted aquifer": - (i) If it meets the following criteria:
- (A) It does not currently serve as a source of water for Class I, II, III, Special (A) or Class IV (A) uses as described in Chapter 8 of Water Quality Division Rules and Regulations, and
- (B) It cannot now and will not in the future serve as a source of water because:
- (I) It is a mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by a permit or Research and Development License applicant or operator to contain minerals or hydrocarbons that, considering their quantity and location, are expected to be commercially producible; or
- (II) It is situated at a depth or location which makes recovery of water economically or technologically impractical; or
- (III) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or
- (IV) It is located over a Class III well mining area subject to subsidence or catastrophic collapse; or
- (V) The total dissolved solids content of the groundwater is less than 10,000 mg/L and it is not reasonably expected to supply a public water supply as defined by W.S. § 35-11-103(c)(viii); and
- (ii) As demonstrated by information in the permit or Research and Development Testing License application, including:
- (A) A map and description identifying and describing in geographic and/or geometric terms (such as vertical and lateral limits and gradient) all aquifers or parts thereof which the applicant proposes to exempt;
- (B) Information to document that the exemption area is commercially producible as demonstrated by:
- (II) A description and calculations that support the proposed distance beyond the area required to mine and to restore the groundwater;
- (III) General information on the mineralogy and geochemistry of the receiving strata; and
- (IV) The type of mining technology used to extract the mineral; and
- (C) Analysis of the amenability of the receiving strata to the proposed mining method; and a timetable of planned development of the receiving strata.
(c) A request for an aquifer exemption shall be presented by the WQD Administrator to the EPA as a state program revision pursuant to Code of Federal Regulations, 40 CFR § 145.32 and the Working Agreement between Water Quality Division (WQD) and Land Quality Division (LQD), Section III (C), UIC Wells.
020-18 Wyo. Code R. § 18-11
Adopted, Eff. 11/13/2018.