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

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

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

*EPA data still collecting state data

Exempting Aquifers in High Water Stress Areas

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.

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?

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.

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

National Oil & Gas Campaigns Coordinator Questions? John Noel National Oil & Gas Campaigns Coordinator jnoel@cleanwater.org @noel_johnny 202.895.0420 x114