(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 prior to 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) 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 state board concur that an aquifer or portion of an aquifer may merit consideration for exemption by the United States Environmental Protection Agency, they shall provide a public comment period and, with a minimum of 30 days public notice, jointly conduct a public hearing.
(c) Following review of the public comments, and only if the division and state board concur that the exemption proposal merits consideration for exemption, the division shall submit the aquifer exemption proposal to the United States Environmental Protection Agency.
(Added by Stats. 2015, Ch. 24, Sec. 29. (SB 83) Effective June 24, 2015.)
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