A Potential Alternative Permitting Approach for UIC Class V ASR Facilities: The UIC Class III Well Example

In some states and certain locations, Underground Injection Control (UIC) Class V Aquifer and Storage (ASR) injection wells that inject into Underground Sources of Drinking Water (USDWs) threaten, or endanger the USDW if the injection causes, or leads to the dissolution and/or mobilization of metals (or other elements regulated under the Safe Drinking Water Act (SDWA)) in concentrations that exceed SDWA Maximum Contaminant Levels (MCLs).  In many instances, exceedances of MCLs may be limited in extent to a very small portion of the injection zone immediately surrounding the injection well, however, even those facilities may not be authorized for injection.  Nonetheless, limited degradation of a USDW is allowed under the SDWA for USDWs that are impacted by UIC Class III (i.e. in-situ mining) wells.  This presentation suggests that a similar 'aquifer exemption' approach may be needed to advance the number of authorized ASR wells, and that a change in the SDWA to specifically allow for the exemption of a USDW for the purposes of aquifer storage and recovery could facilitate ASR development in the United States.