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42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.
49 FR 20197, May 11, 1984, unless otherwise noted.
Safe Drinking Water Act, 42 U.S.C. 300h.
49 FR 45309, Nov. 15, 1984, unless otherwise noted.
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Subscribe to: 40 CFR 147.2908
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Nomenclature changes to part 147 appear at 69 FR 18803, Apr. 9, 2004.
(a) After notice and opportunity for a public hearing, the Administrator may designate any aquifer or part of an aquifer as an exempted aquifer.
(b) An aquifer or its portion that meets the definition of a USDW may be exempted by EPA from USDW status if the following conditions are met:
(1) It does not currently serve as a source of drinking water, and
(2) It cannot now and will not in the future serve as a source of drinking water because:
(i) It is hydrocarbon producing, or can be demonstrated by a permit applicant as a part of a permit application for a Class II operation to contain hydrocarbons that are expected to be commercially producible (based on historical production or geologic information); or
(ii) It is situated at a depth or location which makes recovery of water for drinking water purposes 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
(3) The Total Dissolved Solids content of the groundwater is more than 3,000 and less than 10,000 mg/1 and it is not reasonably expected to supply a public water system.