California § 3131 - To ensure the appropriateness of a proposal by the state for an exempted aquifer

§ 3131. To ensure the appropriateness of a proposal by the state for an exempted aquifer

(a) To ensure the appropriateness of a proposal by the state for an exempted aquifer determination subject to any conditions on the subsequent injection of fluids, and before proposing to the United States Environmental Protection Agency that it exempt an aquifer or portion of an aquifer pursuant to Section 144.7 of Title 40 of the Code of Federal Regulations, the division shall consult with the appropriate regional water quality control board and the state board concerning the conformity of the proposal with all of the following: (1) The criteria set forth in Section 146.4 of Title 40 of the Code of Federal Regulations. (2) The injection of fluids will not affect the quality of water that is, or may reasonably be, used for any beneficial use. (3) The injected fluid will remain in the aquifer or portion of the aquifer that would be exempted. (b) Based on the consultation pursuant to subdivision (a), if the division and the staff of the state board preliminarily concur that an aquifer or portion of an aquifer may merit consideration for exemption by the United States Environmental Protection Agency, the division and the staff of the state board shall provide a public comment period and, with a minimum of 30 days’ public notice, and shall jointly conduct a public hearing. (c) Following review of the public comments pursuant to subdivision (b) and only if the division and the staff of the state board concur that the exemption proposal merits consideration for exemption, the staff of the state board shall submit a report to the state board evaluating the exemption proposal’s consistency with the criteria set forth in subdivision (a), including an analysis of all potential conduits, that shall be made available to the public no fewer than 60 days prior to a meeting before the state board and subject to a 45-day public comment period. (d) The state board shall consider, in a public meeting, the report submitted pursuant to subdivision (c) and shall determine whether it concurs that the exemption proposal, with any appropriate modifications, complies with the requirements specified in subdivision (a) and merits consideration for exemption. (e) If the state board concurs pursuant to subdivision (d), the division shall submit the aquifer exemption proposal to the United States Environmental Protection Agency.