1. Prioritizing Fossil Fuel Production over Drinking Water
Aquifer Exemptions
Prioritizing Fossil Fuel Production over Drinking Water

2. What is an aquifer exemption?
Underground Sources of Drinking Water are protected by the Safe Drinking Water Act.
[USDW = 10,000 mg/l Total dissolved solids]
O&G companies can get federal protections lifted, and
Inject wastewater and other fluids through Class II injection wells directly into once protected drinking water, writing off these sources permanently.
Regulated under EPA’s Underground Injection Control (UIC) program

3. Criteria to Exempt an Aquifer
Company must prove that aquifer is not a current source of drinking water, and
That it cannot now or will not in the future serve as a source of drinking water, or
Water is 3,000-10,000 Total Dissolved Solids & not expected to supply public water system
All aquifer exemptions must be sent to EPA for final approval
Federal aquifer exemption criteria: 40 CFR 146.4

4. *EPA data still collecting state data

5. Exempting Aquifers in High Water Stress Areas

6. California Reform Efforts
Summer 2014: 11 aquifers identified as potentially wrongly exempt 30 years earlier
500 disposal wells & 2000 enhance recovery wells under review
Individual injection wells ordered to cease operations for illegally injecting into USDWs
State program in process of overhauling entire aquifer exemption process with EPA oversight
California oversight problems are not unique.

7. Texas Regulatory Failure
Texas Railroad Commission has never issued an aquifer exemption
Yet the Railroad Commission permitted over 50,000 Class II injection wells.
How can this be?

8. Aquifer exemptions are necessary for expanded development.
What is Next?
Immediate moratorium on all new aquifer exemptions until new rules are put in place
Publish full inventory of all aquifers exempt to date in map and database form
Federal policies are designed as the floor for environmental protection
Real progress can be made at the state level to protect drinking water from O&G development
Aquifer exemptions are necessary for expanded development.

9. Resources: Clean Water Action: Aquifer Exemptions
Aquifer Exemptions: Fact Sheet
Texas: Ignoring Federal Law to Fast Track Oil & Gas Drilling

10. National Oil & Gas Campaigns Coordinator
Questions?
John Noel
National Oil & Gas Campaigns Coordinator
@noel_johnny
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