3131.
(a) A proposal by the state for an exempted aquifer pursuant to Section 144.7 of Title 40 of the Code of Federal Regulations shall conform 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.
(4) The injection of fluids will not
be in an area identified in the 70th percentile or greater by the California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, as at risk for drinking water or groundwater threats.
(b) If the division proposes an aquifer exemption, all of the following apply:
(1) The division shall consult with the appropriate regional water quality control board and the state board.
(2) The state board shall conduct an environmental review of the proposal in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). In conducting the environmental review, the
The
state board shall hold at least one public hearing, with a minimum 30 days’ public notice. a public hearing or hearings consistent with the public review process requirements of that act.
(3) If the state board concurs with the aquifer exemption proposal following the completion of the environmental review pursuant to paragraph (2), the state board, in coordination with the division and the appropriate regional water quality control board, shall, with a minimum of 30 days’ public notice, provide a public comment period and conduct a public hearing.
(c) Following the hearing conducted, and a review of the
public comments received, pursuant to paragraph (3) of subdivision (b), if the state board finds that the aquifer exemption proposal complies with subdivision (a), the state board may submit the aquifer exemption proposal to the United States Environmental Protection Agency.