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agency's Underground Injection Control Regulations issued by the EPA's Office of Drinking <br />Water (May, 1980; National UIC Program Docket Control Number D 01079) demonstrates the <br />potential problems where injectate containing contaminants will be injected above or below an <br />underground source of drinking water and the geologic information is lacking. This document <br />states, at pages 13-14: <br />[I]f the confining stratum which separates the injection zone from an overlying or <br />underlying underground source of dirking water is either fractured or permeable, the <br />fluids can migrate out of the receiving formation and into the protected region. <br />For obvious reasons, there are no well construction standards which can address this <br />problem of migration of fluids through this pathway. Consequently, the regulations <br />propose two provisions to assure that fluids do not travel this pathway into underground <br />drinking water. First, the regulations require that, prior to the issuance of a permit, the <br />geologic characteristics of the injection zone and confining strata be reviewed. Data <br />already available from the states can assist Directors in making these reviews. A permit <br />should only be issued upon the Director's finding that the underground formations are <br />sufficiently sound to contain fluids in the injection zone. <br />Second, the regulations require that well injection pressure be controlled to prevent <br />opening fractures in the confining strata or otherwise causing the rise of fluids into an <br />overlying protected zone. <br />In this case, the EPA should require additional information regarding the geologic setting <br />of the proposed injection activities. Based on this information, the EPA should consider and <br />adopt restrictions on injection pressures in order to ensure protection of underground sources of <br />drinking water. <br />Further demonstrating the lack of sufficient data is the statement on page 8 of the <br />Statement of Basis and Purpose that the nearby domestic well. "is completed deeper than the <br />injection zone, and is probably in the B Sand of the Lower Fox Hills Formation...." This <br />statement shows a lack of sufficient data to ensure protection of underground sources of drinking <br />water. The conclusion is also supported by the statement on page 2 of the cover letter, where the <br />applicant states, with regard to the nearby domestic well, "[t]he depth of the screened interval of <br />the proposed injection well will be approximately 500 to 550 feet below the ground surface .... <br />This well is much deeper than the zone of injection (620 feet), and is likely screened in the 13- <br />Sand of the Lower Fox Hills." However, the Well Construction and Test Report, State of <br />Colorado, Office of the State Engineer, for this well indicates a Perforated Casing from 440 to <br />460 feet and from 520 to 560 feet (attached as exhibit 1). This demonstrates a lack of sufficient <br />data and analysis to issue the pennit at this time. <br />Overall, significant additional data is necessary for the EPA to fulfill its obligations under <br />the federal Administrative Procedure Act (APA), which requires that the agency consider all <br />information and make its decision based on a rational assessment of all relevant facts and <br />circumstances. Absent full characterization of the injectate and the receiving aquifer and the