{"data":{"id":"us/40-cfr-147.2908","jurisdiction":"us","citation":"40 CFR 147.2908","heading":"Aquifer exemptions.","body":"(a) After notice and opportunity for a public hearing, the Administrator may designate any aquifer or part of an aquifer as an exempted aquifer.\n(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:\n(1) It does not currently serve as a source of drinking water, and\n(2) It cannot now and will not in the future serve as a source of drinking water because:\n(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\n(ii) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or\n(iii) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or\n(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.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER D—WATER PROGRAMS","PART 147—STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION CONTROL PROGRAMS","Subpart GGG—Osage Mineral Reserve—Class II Wells"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"0edf6639861dad02a6725e1a2897631de312ce96075c191af54eeb15f8172bc9","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-147.2907","next":"us/40-cfr-147.2909"},"notice":"GroundRules: Original legal text. Not legal advice."}