Current through Register Vol. 48, No. 38, September 20, 2024
a) The Agency may identify (by narrative
description, illustrations, maps, or other means) and must protect as a USDW,
any aquifer or part of an aquifer that meets the definition of a USDW set forth
in 35 Ill. Adm. Code
702.110, except as
one of the exceptions of subsections (a)(1) and (a)(2) applies. Other than
Agency-approved aquifer exemption expansions that meet the criteria set forth
in 35 Ill. Adm. Code
730.104,
a new aquifer exemption must not be issued for a Class VI injection well. Even
if an aquifer has not been specifically identified by the Agency, it is a USDW
if it meets the definition in 35 Ill. Adm. Code 702.110. Identification of
USDWs must be made according to criteria adopted by the Agency pursuant to 35
Ill. Adm. Code
702.106.
1) The Agency may not identify an aquifer or
part of an aquifer as a USDW to the extent that there is an applicable aquifer
exemption under subsection (b).
2)
The Agency may not identify an aquifer or part of an aquifer as a USDW to the
extent that the aquifer or part of an aquifer is an expansion to the areal
extent of an existing Class II enhanced oil recovery or is subject to an
enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI
injection for geologic sequestration under subsection (d).
b) Identification of an Exempted Aquifer.
1) The Agency may identify (by narrative
description, illustrations, maps, or other means) and describe in geographic or
geometric terms (such as vertical and lateral limits and gradient) that are
clear and definite, any aquifer or part of an aquifer that the Agency desires
the Board to designate as an exempted aquifer using the criteria in 35 Ill.
Adm. Code 730.104, as described in this subsection (b).
2) No designation of an exempted aquifer may
be final until approved by USEPA as part of the State program.
3) Subsequent to program approval, the Board
may identify additional exempted aquifers.
4) Identification of exempted aquifers must
be by rulemaking pursuant to 35 Ill. Adm. Code 102 and
702.105 and Sections
27 and 28 of the Act, considering the criteria set forth in 35 Ill. Adm. Code
730.104.
c) For a Class
III injection well, an applicant for a permit that necessitates an aquifer
exemption under 35 Ill. Adm. Code
730.104(b)(1)
must furnish the data necessary to demonstrate that the aquifer is expected to
be mineral or hydrocarbon producing. Information contained in the mining plan
for the proposed project, such as a map and general description of the mining
zone, general information on the mineralogy and geochemistry of the mining
zone, analysis of the amenability of the mining zone to the proposed mining
method, and a timetable of planned development of the mining zone must be
considered by the Board in addition to the information required by Section
704.161(c).
Approval of the exempted aquifer must be by rulemaking pursuant to 35 Ill. Adm.
Code 102 and
702.105 and Sections
27 and 28 of the Act. Rules will not become final until approved by USEPA as a
program revision.
d) Expansion to
the Areal Extent of Existing Class II Aquifer Exemptions for Class VI Wells.
The owner or operator of a Class II enhanced oil recovery or enhanced gas
recovery well may request that the Agency approve an expansion to the areal
extent of an aquifer exemption already in place for a Class II enhanced oil
recovery or enhanced gas recovery well for the exclusive purpose of Class VI
injection for geologic sequestration. A request for areal expansion must be
treated as a revision to the applicable federal UIC program under 40 CFR 147 or
as a substantial program revision to an approved state UIC program under
40 CFR
145.32 and will not be final until approved
by USEPA.
1) The request for an expansion of
the areal extent of an existing aquifer exemption for the exclusive purpose of
Class VI injection for geologic sequestration must define (by narrative
description, illustrations, maps, or other means) and describe in geographic or
geometric terms (such as vertical and lateral limits and gradient) that are
clear and definite, all aquifers or parts of aquifers that are requested to be
designated as exempted using the criteria in 35 Ill. Adm. Code
730.104.
2) In making a
determination to expand the areal extent of an aquifer exemption of a Class II
enhanced oil recovery or enhanced gas recovery well for the purpose of Class VI
injection, the Agency must determine that the request meets the criteria for
exemptions in 35 Ill. Adm. Code 730.104. In evaluating a request, the Agency
must consider:
A) Any current and potential
future use of the USDWs to be exempted as drinking water resources;
B) The predicted extent of the injected
carbon dioxide plume, and any mobilized fluids that may result in degradation
of water quality, over the lifetime of the geologic sequestration project, as
informed by computational modeling performed pursuant to 35 Ill. Adm. Code
730.184(c)(1),
in order to ensure that the proposed injection operation will not at any time
endanger USDWs including non-exempted portions of the injection
formation;
C) Whether the areal
extent of the expanded aquifer exemption is of sufficient size to account for
any possible revisions to the computational model during reevaluation of the
area of review, pursuant to 35 Ill. Adm. Code
730.184(e);
and
D) Any information submitted to
support a request by the owner or operator for a permit that includes
alternative injection well depth requirements pursuant to 35 Ill. Adm. Code
730.195,
if appropriate.
BOARD NOTE: Derived from
40
CFR 144.7 (2017).
