CARGOS POR PRUEBAS Y ANALISIS

A. La Junta podrá, cuando así lo estime apropiado, realizar pruebas relacionadas con una facilidad de inyección subterránea. Estas pruebas pueden estar relacionadas con el funcionamiento de la facilidad, O para determinar la cantidad de contaminantes inyectados y el grado de cumplimiento con las condiciones de permisos y disposiciones de este Reglamento. B. En caso de que la Junta opte por actuar conforme a la autoridad conferida por esta Regla y la Regla 106, la Junta podrá avisar al dueño u operador de la facilidad de sus propósitos y requerirá aquellas facilidades y aparatos necesarios para realizar dichas pruebas. C. El dueño u operador de la facilidad pagará un cargo por prueba montante a los costos incurridos por la Junta en la realización de la monitoría, análisis y pruebas. D. 1. Luego de terminada la prueba, la Junta notificará por escrito, al dueño u operador de la facilidad sobre el cargo a pagar. 2. Estos cargos deberán pagarse dentro de 30 días de la fecha de facturación. 3. En caso de cargos por pruebas y análisis pendientes de pago luego de los 30 días especificados en la subsección 2, la Junta podrá revocar O cancelar cualquier solicitud O permiso de operación otorgado a la facilidad de cuestión. 4. Posterior al pago del cargo por prueba y análisis correspondiente, la Junta enviará al dueño u operador de la facilidad copia del informe de la prueba. APENDICE A REQUISITOS DE CONSTRUCCION PARA SISTEMAS SEPTICOS APENDICE A REQUISITOS DE CONSTRUCCION PARA SISTEMAS SEPTICOS A. TANQUES SEPTICOS Los tanques sépticos deben ser a prueba de filtraciones y construídos de materiales no-corrosivos y duraderos. Las tapas de concreto se deben reforzar de manera que puedan resistir una carga estática de 732 kilogramos por metro cuadrado (150 libras pie cuadrado). Las tapas de concreto deberán tener un espesor de por lo menos 10 centímetros (4"). Los tanques se deben construir, ya sea de concreto armado pre-fabricado, de concreto armado vertido en el lugar, de metal cubierto con una capa bituminosa, O de otro material aprobado por esta Junta. 1. La construcción de tanques sépticos debe cumplir con las siguientes especificaciones: a. BOCAS DE ENTRADA Y SALIDA: La invertida del tubo de entrada debe estar localizada por lo menos 8 centímetros (3") más alta que la del tubo de salida. b. TABIQUES INTERCEPTORES: Los tabiques interceptores deberán estar colocados del 15 a 20 centímetros (6" a 8") de las paredes y extenderse por lo menos 15 cm (6") por encima del nivel del líquido y deberán tener un espacio de ventilación de 3 centímetros (1") entre el tope del tabique y el tanque de tratamiento. Los tabiques de entrada deben extenderse por lo menos 15 centímetros (6") por debajo del nivel de líquido, y los tabiques de salida deben extenderse bajo la superficie del líquido hasta una profundidad igual al 40% béndice A A-2 de la profundidad del líquido. Las T's sumergidas de materiales aprobados, con una sección corta del tubo extendiéndose hasta la profundidad requerida para los tabiques interceptores, podrán usarse como tabiques de entrada y salida. Véase Figuras 1 y 2. C. MEDIO DE ACCESOS Cada comportamiento de un tanque deberá ser provisto de un registro de acceso. Las aberturas de los registros deberán tener un diámetro de por lo menos 58 centímetros (23") d. COMPORTAMIENTOS MULTIPLES Los tanques que tienen dos comportamientos deberán tener el comportamiento de entrada de una capacidad no menor que la mitad (1/2) ni mayor de dos terceras parte (2/3) de la capacidad total del tanque. Véase Figura 2. e. TANQUES EN SERIES - Los tanques podrán estar conectados en series, siempre y cuando el número de tanques no exceda de dos (2) y el volumen del primer tanque sea igual O mayor que el volumen del segundo. f. INSTALACION La invertida del tubo de salida y todas las aberturas de un tanque deberán estar sobre la elevación estacional máxima del nivel freático. g. CAPACIDAD DEL TANQUE El volumen neto O capacidad efectiva por debajo del nivel del líquido en un tanque séptico, para flujos hasta de 1,500 galones diarios, deberá ser igual O por lo menos 1.5 veces el flujo de aguas usadas: (V= 1.5 Q) ndice A A-3 Para flujos mayores de 1,500 galones por día, la capacidad efectiva mínima del tanque debe ser por lo menos 1,125 galones más el 75% del flujo diario de aguas usadas; O V = 1,125 + 0.75 & donde V es el volumen neto del tanque en galones y Q es el flujo diario de aguas usadas en galones por día. La capacidad máxima permisible para un tanque séptico será para flujos hasta de 14,500 galones al día. La capacididad mínima del tanque será 450 galones. El flujo se determinará de acuerdo con la Tabla 1. h. PROFUNDIDAD DEL LIQUIDO - La profundidad mínima permitida para el líquido será de (4) pies (1.2 metros) en cada tanque O compartamiento. i. DIMENSIONES DE ANCHURA La dimension mínima de anchura permisible será de treinta y seis (36") pulgadas (91 cm) de ancho. j. PROFUNDIDAD - El fondo de cada tanque deberá estar localizado a una distancia mínima de cuatro (4') pies (1.2 metros) sobre el nivel freático. k. TRAFICO VEHICULAR - Para instalaciones localizadas debajo de entradas para vehículos, estacionamientos, en suelos muy saturados O sujetos a cargas muy pesadas, el tanque de tratamiento debe ser capaz de resistir un peso equivalente al de un camión H-20. Apen e A A-4 2. Condiciones de Saturación - En suelos donde el nivel freático podría subir a más de lamitad de la altura del tanque de tratamiento, se deberá tomar precauciones anti-flotantes. Se deberá añadir concreto a la parte superior del tanque O colocar anclas apropiadas a las almohadillas colocadas bajo el tanque. 3. Ubicación Cada tanque séptico deberá ser colocado a una distancia mínima de: a. Tres (3) pies (0.91m) de la colidancia de cualquier propiedad privada. b. Cien (100) pies (30.5 m) de cualquier fuente de agua potable. C. Tres (3) pies (0.91 m) de cualquier edificación. 4. Determinación de Flujo Para la determinación de flujo vea la Tabla 1. 5. Efluente El efluente del tanque séptico deberá ser tratado mediante cualquier sistema de percolación, según especificado en las Seccion B, C y D; y no será descargado a ningún cuerpo de agua receptor. 6. Trampa de Grasa - Se requerirá una trampa de grasa anterior al tanque séptico cuando las aguas usadas contengan aceite O grasa. B. SISTEMA DE TRINCHERAS El tipo y tamaño de un sistema dependerá del volumen estimado del flujo de aguas usadas, según determinado mediante la Tabla 1 de este apéndice, así como de la capacidad del suelo para filtrar las aguas usadas. 1. La Construcción de Trincheras Las trincheras de disposición deberán construirse de acuerdo con los siguientes estándares. A dice A A-5 a. Se deberá remover la vegetación de la superficie del área de disposición. b. El área del fondo de la trinchera deberá ser triturada O arada a fin de minimizar la compactación del terreno original. C. Las aguas usadas deuntanque de tratamiento O caja de distribución deberán ser descargadas al lecho mediante: i. GRAVEDAD - utilizando un tubo a prueba de filtraciones con un diámetro de por lo menos 10 CM (4") y con un declive de por lo menos 5mm por metro (1/16" por pie) ii. PRESION utilizando un tubo a prueba de filtraciones de por lo menos 3.8 cm (1.5") de diámetro. d. Las líneas de distribución - Los tubos perforados usados en el sistema de distribución deberán instalarse y alinearse de tal forma que las perforaciones queden en la parte inferior del tubo (mitad inferior). Entre el tanque de tratamiento y el área de disposición se instalará un tubo sin perforaciones. Toda la tubería debe cumplir con las normas para materiales especificadas en el Reglamento No. 7 de la Junta de Planificación de Puerto Rico. e. La trinchera debe ser aproximadamente paralela a los contornos del terreno a fin de minimizar cualquier variación en la profundidad de la trinchera. ndice A A-6 f. El fondo del lecho de agregado de rocas y las líneas de distribución deben estar nivelados. g. No se permitirá la construcción de trincheras en suelos de alta permeabilidad cuyas tasas de percolación son mas rápidas de un (1) minuto por pulgada exepto cuando se pruebe a la Junta mostrando evidencia científica, que existe una capa O estrato impermeable entre el área donde descansarán las tricheras y el acuffero esté a más de 200 pies de profundidad. h. No se permitirá la construcción de trincheras en suelos con tasas de percolación más lentas desesenta (60) minutos por pulgada. i. El perímetro del área de disposición y de la extensión de relleno debe nivelarse y deberán construirse zanjas de desviación para desviar aguas subterráneas y superficiales cuando resulte necesario. j. El área de disposición y de relleno debe estabilizarse para evitar la erosión. k. No se permitirá la construcción de trincheras en áreas donde la elevación máxima del nivel freático se encuentre a menos de cuatro (4) pies bajo el fondo de la trinchera. 2. Criterios para el Diseño: Las trincheras de disposición deben diseñarse y construirse de acuerdo con los siguientes criterios: Apé ce A A-7 a. Dimensiones de las Trincheras i. Longitud máxima de la trinchera ... 30.5 metros (100 pies) ii. Anchura máxima de la trinchera 0.91 metros (3 pies) iii. Anchura mínima de la trinchera ... 0.46 metros (1.5 pies) iv. Profundidad máxima de la trinchera 0.91 metros (3 pies) V. Profundidad mínima de la trinchera 0.46 metros (1.5 pies) vi. Las trincheras deben tener un ancho y una profundidad uniforme. b. Sistema de Distribución i. El sistema de distribución debe ser diseñado para distribuir equitativamente las aguas usadas en el área de disposición. Las líneas de distribución deben colocarse a igual distancia en el área de disposición. Las líneas deben separarse según se especifica en la Tabla 2. ii. Las líneas de distribución (tubos de distribución) deben instalarse dentro de un lecho filtrante de grava con un espesor mínimo de seis (6) pulgadas (15 cm) hacia abajo y cuatro (4) pulgadas (10 cm) sobre la línea de distribución. Ape ice A A-8 iii. Se deberá cubrir completamente el agregado con una capa de por lo menos 5 cm (2") de heno O paja comprimido, o cualquier otro material aceptable a la Junta, para evitar que el material de relleno se filtre a través de la grava. iv. Se deberá colocar cuidadosamente de 20 a 30 centimetros (8" a 12") de relleno limpio sobre el heno, paja O cualquier otro material aceptable a la Junta. V. El relleno limpio se colocará en capas de 20 centímetros (8") y se compactará completamente según se va colocando. vi. La superficie del relleno deberá extenderse a la distancia de 1 metro (3.25') desde el área de disposición con una pendiente de 3% por ciento. vii. La distancia mínima entre la trinchera y el tanque de tratamiento deberá ser de 1.5 metros (5 pies) 3. El área de percolación de una trinchera se calculará mediante la siguiente fórmula: At= Wt X Lt donde: At= Area de percolación de la trinchera (en pies cuadrados) Wt= Anchura de la trinchera, (en pies) Lt- Longitud de la trinchera, (en pies) Esta área deberá ser igual que el área requerida tal como se específica en la Seccion F. endice A A-9 4. Las trincheras se usarán después de un tratamiento primario O secundario de las aguas. 5. Laaplicación de aguas usadas sin tratar en las trincheras no será permitida. 6. Vea la Figura 3 para un sistema de trincheras típico. Tabla 2: DISTANCIAS ENTRE TRINCHERAS Ancho de la trinchera en pulgadas Distancias mínimas entre la línea central de las trincheras en pies 18 a 24 6.5 sobre 24 a 30 7.0 sobre 30 a 36 7.5 C. LECHO DE PERCOLACION El sistema de lechos de percolación se construirá de acuerdo con la sección B (sistema de trincheras) con las siguientes modificaciones: 1. Separación mínima entre los tubos de distribución 1.8 metros (6 pies) 2. Anchura máxima del lecho 6.0 metros (20 pies) 3. Anchura mínima del lecho 0.91 metros (3 pies) 4. Profundidad máxima del lecho 0.91 metros (3 pies) 5. Profundidad mínima 0.46 metros (1.5 pies) 6. La distancia mínima que se debe mantener entre lechos con anchura de 3 a 6 metros (10' a 20') deberá ser de 7.5 metros (25 pies) Apé ce A A-10 7. La distancia mínima que se debe mantener entre lechos con una anchura de 1 a 3 metros (3,25' a 10') deberá ser de 3 metros (10 pies) 8. Los lechos de percolación se utilizarán después del tratamiento primario O secundario. 9. La disposición de aguas usadas sin tratar en lechos de percolación no será permitida. 10. Ver la Figura 4 para un sistema de lecho de percolación típico. 11. No se permitirá la construcción de lechos de percolación en áreas de donde la elevación estacional máxima del nivel freático se encuentra a menos de cuatro (4) pies (1.2m) debajo del fondo del lecho. D. POZOS FILTRANTES El tipo y tamaño de un sistema dependerá del volumen estimado del flujo de aguas usadas, según se determina de la Tabla 1 de este apéndice, así como de la capacidad de filtración del suelo. La construcción de pozos filtrantes deberá cumplir con lo siguiente: 1. Material de Construcción - Los tanques deberán estar construídos de materiales no corrosivos y duraderos. 2. Tapas - Las tapas de concreto deberán ser reforzadas para resistir una carga estática de 732 kilogramos por metro cuadrado (150 lbs/pies). 2 Las tapas de concreto deberan tener un espesor de por lo menos 10 centímetros (4") y deberán extenderse por lo menos 6 pulgadas (15 cm) en las paredes del pozo filtrante. endice A A-11 3. Medios de Accesos - Se deberá proveer cada tanque de un registro de acceso, Estos registros deben tener un diámetro de por lo menos 58 centímetros (23") O un cuadrado de 58 cm X 58 cm. 4. Tanques en paralelo o en Serie - Se permitirán tanques con distribución de flujo en paralelo o en serie con una distancia de separación mínima entre tanques que sea igual O mayor que "DBT". DBT= 3 X Dt para tanques circulares DBT= 3 X Lt para tanques rectangulares donde: DBT= Distancia entre tanques (en pies) Dt= Diámetro mayor del tanque (en pies) Lt= Longitud mayor del tanque (en pies) 5. Profundidad - El fondo del tanque deberá estar localizado a una distancia mínima de 1.2 metros (4 pies) sobre el nivel freático, 6. Ubicación - Cada tanque debe estar ubicado a una distancia mínima de 1.5 metros (5 pies) de la colindancia de una propiedad. - Cada tanque debe estar ubicado a una distancia mínima de 30,5 metros de cualquier fuente de agua potable. Cada tanque debe estarubicado a una distancia minima de 1,5 metros (5 pies) de cualquier edificación. Apendi A A-12 7. Configuración del Tanque a. Circular: Los tanques circulares deberán construirse de forma cilindrica con un diámetro uniforme. b. Rectangular: Los tanques rectangulares se construirán de tal manera que el fondo y el tope tengan las mismas dimensiones. 8) Las paredes de los tanques se construirán con bloques de concreto O con ladrillos, Los blocues y ladrillos se colocarán en columnas escalonadas O indentadas, con las uniones abiertas. Los bloques huecos se colocarán con las aberturas hacia el terreno. 9. El área de percolación de un pozo filtrante circular se calculará mediante la siguiente formula: Asp= Dp X 2 π X rp donde: Asp= Area de percolación del pozo filtrante (en pies cuadrados) Dp= Profundidad del pozo (en pies) (if = 3.1416 (constante) rp= Radio del pozo= diámetro del pozo (en pies) 2 Dicha área deberá ser igual O mayor que el área requerida según se especifica en la Seccion F. 10. El área de percolación de un pozo filtrante rectangular se calculará mediante la siguiente formula: péndice A A-13 Asp= (Lp X 2) + (Wp X 2) Dp donde: AsP= Area de percolación del pozo filtrante (en pies cuadrados) Lp= Longitud del pozo (en pies) Wp= Anchura del pozo (en pies) Dp= Profundidad del pozo (en pies) Esta área deberá ser igual O mayor que el área requerida según se especifica en la Seccion F. 11, No habrá un tubo de desague en estos pozos. 12, Los pozos de filtración se utilizarán después del tratamiento primario O secundario. 13. La disposición de aguas usadas sin tratar en los pozos filtrantes no está permitida. E. PRUEBA DE PERCOLACION La prueba de percolación se realizará según se especifica a continuación: 1. Excave un hoyo con las dimensiones de treinta 30 centímetros (1 pie) de ancho y de treinta 30 CM. (1 pie) de largo por sesenta 60 cm, (2 pies) de profundidad. 2. Llene el hoyo con agua y deje que ésta sea absorbida por el terreno, 3. Vuelva a llenarlo hasta una profundidad de treinta 30 cm. (12 pulgadas) : 4. Registre el tiempo que el terreno tarda en absorber los último quince 15 cm. (6 pulgadas) de agua. péndice A A-14 5. Divida este tiempo entre seis (6) Este será el resultado de la prueba de percolación en términos de minutos por pulgada. Este resultado debe ser sometido a la Junta debidamente firmado y sellado por un ingeniero con licencia dela Junta de Examinadores de Ingenieros, F. AREAS DE PERCOLACION E1 área de percolación se determinará utilizando el siguiente procedimiento: 1. Determine la tasa de aplicacion en galones por pie cuadrado por día mediante la siguiente formula: Qa= 5 LE T donde: Qa= Tasa de aplicación (galones/pie cuadrado/dfa) T= Resultado de la prueba de percolación, (minutos/pulgadas) 2. Determine el área de percolación necesaria utilizando la siguiente fórmula: A= 2 Qa donde: A= Area requerida (pies cuadrados) Q= Flujo (galones por dfa) Qa= Tasa de aplicación (galones/pies cuadrados/día) Apéndice A A-15 Tabla 1 APORTACIONES AL FLUJO DE AGUAS USADAS GALONES POR DIA Pequeñas viviendas y cabañas con ocupación de temporada. 50 Hogares unifamiliares, por unidad de vivienda 300 Proyectos de vivienda pública, por unidad de vivienda 200 Edificios de apartamentos y condominios, por unidad de vivienda. 225 Casas de húespedes y hospedajes, por persona 50 Desperdicios de cocina adicionales por huéspedes no-residentes 10 Restaurantes (desperdicios sanitarios y de cocina por cliente 10 Restaurantes (desperdicios de cocina por comida servida) 4 Campamentos turísticos O parques para remolques con baño central, por persona 35 Parques de casas móviles con baños individuales, por persona 50 Campamentos de recreación y esparcimiento (noche y día) con plomeria limitada, por persona. 50 Campamentos lujosos, por persona. 150 Campamentos de trabajo O de construcción (semi-permanente) por persona 50 Campamentos diurnos (no se sirven comidas) por persona 15 Escuelas diurnas sin cafetería, gimnasio O duchas, por estudiante 15 Escuelas diurnas sin gimnasio O duchas, con cafetería por estudiante 20 Apendice A A-16 GALONES POR DIA Escuelas diurnas con cafetería, gimnasio y duchas, por estudiante 25 Internados, por estudiante 100 Trabajadores dirunos en escuelas y oficinas, por persona/por turno 15 Instituciones que no son hospitales, por persona 125 Fábricas (galones por persona por turno, no incluye desperdicios industriales) 35 Parques para picnic (desperdicios sanitarios solamente) ; galones por persona 5 Parques para picnic con casas de baño, duchas e inodoros, por persona 10 Residencias de lujo y estancias, por persona 150 Moteles, (por espacio de la cama) 40 Moteles con baño. inodoros y desperdicios de cocina, por persona 60 Cines drive-in por espacio para carro 5 Cines, por asiento 5 Aereopuertos, por pasajero 5 Lavanderías de autoservicio (galones por máquina) 800 Tiendas (por servicio sanitario) 500 *Estaciones de gasolina, por vehículo servido (por empleado) 13 (16) *Barras, por cliente (por empleado) 5 (16) *Hoteles, por persona hospedada (por empleado) 60 (13) Oficina, por cada 1,000 pies cuadrados de espacio de piso 300 *Centro Comercial por espacio de estacionamiento (por empleado) 2 (15) Ap ice A A-17 GALONES POR DIA Carcel, por confinado (por empleado) 160 (16) *Casas de Descanso, por residente (por empleado) 119 (16) Apartamentos de verano, por persona 74 *Cafetería, por cliente (por empleado) 3 (13) Cocktail Lounge, por asiento 26 *Cafetín, por cliente (por empleado) 8 (13) Country Club, por miembro presente (por empleado) 132 (16) Salón de Comedor, por comida servida 13 Barraca dormitorio, por persona 46 *Piscina, por persona (por empleado) 13 (13) Cementerio, por empleado 25 *Ifiltraciones, por unidades de vivienda (por milla de tuberfa) 75 (10,000) *Hospital General, por cama (por empleado) 250 (16) *Hospital Mental, por cama (por empleado) 170 (16) *El flujo total será la suma de ambos flujos. A-18 FIGURA 1 Desagües Típicos en Tanques Sépticos que Minimizan los Sólidos Suspendidos en las Descargas Tabique Interceptor de escorias Tubo de desagüe del tanque Nivel del líquido Tabique Interceptor de gases Nivel de 0 Nivel del líquidos líquido Tubo de desagüe Tabique Intercepto Dispositivo de escorias Configuración del Tabique de Tabique Interceptor Interceptor de gases 20 de gases A-19 FIGURA 2 Típico Tanque Séptico de Dos Compartimientos Registros de Acceso Plano Tubo T Ventilador Entrada Desagüe Nivel del líquido Sección Longitudinal A-20 FIGURA 3 Sistema de Trinchera Típico Relleno Material que cubre la grava Grava de 3/4 - 2½ pulgadas de 1.5, 3 pies diámetro 4 pies Min. 1.5pies Tubo de distribución perforado Nivel Freático Máximo ⁶-12 pulgadas A-21 FIGURA 4 Típico Lecho de Percolación Caja de Distribución Tubo de distribución perforado Material que cubre la grava 6 Min 6 Min Camada de piedras de 3/4 a 2 1/2" de 4 pies mínimo diámetro Nivel freático máximo del agua subterránea O roca porosa APENDICE B REQUISITOS PARA FIS CLASES II (c) Y VII APENDICE B REQUISITOS PARA FIS CLASE II (c) Y VII A. Nuevas Facilidades Clase II (c) y VII 1. Disposiciones Generales a. Toda nueva facilidad Clase II (c) y VII usada para el almacenamiento subterráneo de flúidos será diseñada y construída de tal manera que, a opinion de la Junta, provee la máxima protección razonable contra escapes O derrames de la facilidad debido a corroción, roturas, falla estructural u otros medios. b. Las FIS Clase VII a ser instaladas deberán ser de pared doble O su equivalente. C. Las FIS Clase II (c) a ser instaladas deberán seguir las normas de diseño de Underwriters Laboratories Inc. Standard for Steel Underground Tanks for Flammable and Combustible Liquids UL58, última edición. 2. Normas de Instalación a. Toda facilidad deberá ser instalada de acuerdo con las especificaciones del fabricante. b. Deberán ser instaladas al menos 100 pies de cualquier pozo de agua potable O FSAP. C. En áreas donde el nivel de agua subterráneo se encuentra sobre O a menos de 6 pies debajo del fondo de la excavación, se deberá instalar una capa de material impermeable al flúido almacenado alrededor del perímetro de la excavacion, Todo sistema de detección de escapes deberá estar Ap lice B B-2 localizado dentro de los confines del encerramiento formado por este material, d. Todo tanque subterráneo para el almacenamiento de substancias tóxicas O peligrosas deberá ser instalado con un sistema de contención y reclamo para prevención de la contaminación de una FSAP en caso de derrame. Dicho sistema deberá ser aprobado por la Junta previo a su instalación. 3. Protección contra desbordamiento a. Toda facilidad de almacenamiento subterráneo nueva deberá estar provisto con una medida para evitar desbordamientos. b. Estas medidas podrán consistir pero no limitarse a lo siguiente: i. un aparato para evitar desbordamiento; ii, un envase de contención de flúido capaz de interceptar y evitar la salida de un derrame hacia el terreno O el agua subterránea: O iii, Cualquier otro método aprobado por la Junta. B. Integridad Mecánica para Facilidades Clase II (c) y VII Nuevas y Existentes: 1. Las facilidades Clase II (c) y VII para almacenamiento sub. terráneo de flúidos poseen integridad mecánica si: a. No existe un escape de flúidos almacenados procedente de la facilidad O sistema de almacenamiento (lineas de distribución de flúido, tanques, etc.) Apendice B B-3 b. No existe un movimiento de flúido almacenado hacia una Fuente Subterránea de Agua Potable a través de canales verticales adyacentes a la excavación. C. Uno de los siguientes métodos deberá ser usado para evaluar la ausencia de escapes bajo 1(a) anterior: i. Para la facilidad de almacenamiento: a. en caso de instalación de facilidad nueva: 1. Prueba de jabón antes de la colocación en la excavación y después de colocar en la excavación, de acuerdo a los requisitos del Boletín API No. 1615 establecido por American Petroleum Institute. b. En caso de facilidad existente: 1. Vaciar la facilidad O el tanque y proceder con la prueba de jabon anterior. ii. Para las líneas de distribución: a. En caso de instalación de líneas nuevas 1. Después de instaladas y antes de ser enterradas, las líneas serán desconectadas del tanque O facilidad de almacenamiento, selladas y sujetas a una presión de acuerdo con las especificaciones del fabricante y con el tipo de bomba instalada y cotejadas para escapes con una solución de agua y jabón. Ap ice B B-4 b, Para líneas existentes: 1. Desconectar las líneas de distribución, vaciarlas, y proceder con la prueba anterior para líneas nuevas. iii, Todo sistema instalado nuevo O existente debera ser sometido a una prueba hidrostática O de aire luego de las pruebas anteriormente descritas, para comprobar la integridad mecânica del sistema, C. Deteccion de Escapes 1. Toda facilidad Clase II (c) y VII deberá estar equipada con medios para calcular la entrega y consumo del flúido. Se deberá mantener un registro preciso de toda entrega y consumo. 2. Toda facilidad de almacenamiento deberá estar provista de medios de monitorear continuamente con exactitud, cualquier escape O derrame que pudiera ocurrir. 3. La retención de estos registros de monitoría y de entrega y consumo se mantendrá según dispone la Regla 114 C. 4. La detección de escapes y monitoría puede proveerse mediante un sistema eléctrico de detección de escapes contínuo; alarmas operadas visualmente u operadas por flotación, detectores de niveles flúidos, presion O vacio para facilidades de pared doble; pozos de observación y barrera O membranas colectoras; para FIS Clase II (c), una instalación de un tubo en U perforado es aceptable. Otros diseños equivalentes podrán ser usados, con aprobación de la Junta. Ap ice B B-5 5. En caso de ocurrir un escape de flúidos que viole las disposiciones de la Sección A.1.a. anterior, se deberá proceder conforme a lo dispuesto en la Regla 116 de este Reglamento. D. Abandono y Clausura de FIS Clase II (c) y VII 1. Una facilidad de almacenamiento subterráneo abandonada significa una que ha permanecido fuera de servicio por dos (2) años O más; O que ha sido declarada como abandonada por el dueño u operador. 2. Una facilidad fuera de servicio es una substancialmente vacía; O fuera de uso, lo cual significa el no llevar O extraer flúido de la facilidad. O fuera de mantenimiento; O fuera de control (sin atender O asegurar) ; O combinación de éstos. 3. Ninguna persona podrá usar O mantener la existencia de una facilidad de almacenamiento subterráneo abandonada. 4. Una facilidad de almacenamiento subterráneo podrá removerse de servicio si: a. tal facilidad es declarada abandonada, inmediatamente vaciada y removida dentro de noventa (90) días de la declaración y es deshechada como desperdicio, libre de vapores y suficientemente perforada como para que no pueda ser usada más, O b. tal facilidad es declarada abandonada, inmediamente vaciada y hecha inerte llenándola por completo de arena O concreto dentro de noventa (90) días. endice B B-6 5. Una facilidad de almacenamiento subterráneo podrá declararse temporeramente fuera de servicio si se planifica volver a ponerla en servicio dentro de dos (2) años de ser declarada temporeramente fuera de servicio y se vuelve a poner en servicio dentro de esos dos (2) años; es vaciada de su contenido inmediatamente y se tapan y aseguran contra vandalismo el conducto O línea de alimentación, la abertura del calibrador y bomba de succión; y se deja abierto el respiradero. 6. Cualquier declaración de abandono de facilidad O remoción temporera de servicio deberá ser notificada a la Junta por escrito dentro de los 30 días subsiguientes a dicha declaración por el dueño u operador. Federal Register 48. No. 81 Friday, April 1. 1983 Rules and Regulations 14189 Subpart C-Authorization of Underground (3) Section 1423 of SDWA provides Injection by Rule procedures for EPA enforcement of UIC Sec requirements. 144.21 Existing Class 1. a (except emhanced (4) Section 1431 authorizes the recovery and hydrocarbon storage) and Administrator to take action to protect III wells. the health of persons when a 144.22 Existing Class II enhanced recovery contaminant which is present in or may and hydrocarbon starage wells. 144.23 Class IV wells. enter a public water system may present 144.24 Class y wells. an imminent and substantial 144.25 Requiring I permit. endangerment to the health of persons. 144.28 Inventory requirements. (5) Section 1445 of SDWA authorizes Subpart D-Authorization by Permit the promulgation of regulations for such recordkeeping. reporting. and monitoring 144.31 Authorization for a permit authorization by permit. requirements "as the Administrator may 144.32 Signatories to permit application and reasonably require to assist him in reports. establishing regulations under this title," 144.28 Area permits. and a "right of entry and inspection to 144.30 Emergency permits. determine compliance with this title. 144.35 Rifect of a permit including for this purpose, inspection. at 144.36 Duration of permits. reasonable time. or records. files, 144.37 Continuation of expiring permits. 144.38 Transfer of permits. papers, processes. controls. and 144.39 Modification or revecation and facilities reissuance of permits. (6) Section 1450 of SDWA authorizes 144.00 Termination of permits. the Administrator "to prescribe such 144.41 Minor modifications of permits. regulations as are necessary or Subpart E-Permit Conditions appropriate to carry out his functions" 144.51 Conditions applicable to all permits. under SDWA. 144.52 Establishing permit conditions (c) Overview of the UTC program. An 144.53 Schedule of Compliance. UIC program is necessary in any State 144.54 Requirements for recording and listed by EPA under section 1422 of the reporting of memitoring results. SDWA. Because all States have been 144.55 Corrective action. listed. the SDWA requires all States to Authority: Pub. L $3-523. as amended by submit an UIC program within 270 days Pub. L 25-190. Pub. L 99-83 and Pab. L - after July 24, 1980, the effective date of 502, 42 USC snof at seq. 40 CFR Part 146, which was the final Subpart A-General Provisions element of the UIC minimum 144.1 Purpose and scope of Part 144. requirements to be originally (a) Contants of Part 144. The promulgated. unless the Administrator regulations in this Part net forth grants an extension. which can be for a requirements for the Underground period not to exceed an additional 270 Injection Centrol (UIC) Program days. If a State fails to submit an promulgated under Part C of the Safe approvable program. EPA will establish Part 144 is added to read as follows: Drinking Water Act (SDWA) (Pub. L 95- a program for that State. Once a 529. as amended by Pub. L 85-190. 42 program is established. SDWA provides PART 144-UNDERGROUND U.S.C. 300f et seq.) and, to the extent that all underground injections in listed INJECTION CONTROL PROGRAM that they deal with haxardous waste. the States are unlawful and subject to Subpart A-General Provisions Resource Conservation and Recovery penalties unless authorized by a permit Act (RCRA) (Pub. L 94-580 as amended or a rale. This Part sets forth the Sec. by Pub. L 95-009, Pub. L 96-510, 42 requirements governing all UIC 144.1 Purpose and scope of Part 104. U.S.C. 6901 et mg). They apply to EPA. programs, authorizations by permit or 144.2 Promulgation of Class II Programs for Indian lands. and to approved States to the extent set rule and prohibits certain types of forth in Part 145. injection. The technical regulations 144.3 Definitions. 144.4 Considerations under Federal law. (b) Authority. governing these authorizations appear in 144.5 Confidentiality of information. (1) Section 1421 of SDWA requires the 40 CFR Part 146. 144.6 Classification of wells. Administrator to promulgate regulations (d) Structure of the UIC Program. 144.7 Identification of underground sources establishing minimum requirements for (1) Part 144. This part sets forth the of drinking water and exempted equifers. effective UIC programs. permitting and other program 144.8 Noncompliance and program reporting (2) Section 1422 of SDWA requires the requirements that must be met by UIC by the Director. Administrator to list in the Federal Programs. whether run by a State or by Register "sech State for which in his EPA. It is divided into the following Subpart B-General Program Requirements judgment a State underground injection subparts: 144.11 Prohibition of unauthorized injection. control program may be necessary to (i) Subpart A describes general 144.12 Prohibition of movement of fluid into assure that underground injection will elements of the program. including underground sources of drinking water. not endanger drinking water sources" definitions and classifications. 144.13 Elimination of certain class IV wells. and to establish by regulation a program (5) Subpart B sets forth the general 144.14 Requirements for wells injecting hazardous waste. for EPA administration of UIC programs program requirements. including the 144.15 Assessment of Class V wells. in the absence of an approved State performance standards applicable to all 144.16 Waiver of requirement by Director. program in a listed State injection activities. basic elements that 14190 Federal Register / Vol. 48, No. 64 / Friday. April 1. 1983 / Rules and Regulations all UIC programs must contain, and regulatory action will be established at quality and are gases at standard provisions for waiving permit of rule a later date. temperature and pressure for the requirements under certain In the meantime. If remedial action purpose of storage. circumstances. appears necessary, an individual permit (v) Any dug hole which is not used for (iii) Subpart C sets forth requirements may be required (§ 144.25) or the emplacement of fluids underground. for wells authorized by rule. Director must require remedial action or (3) The prohibition applicable to Class (iv) Subpart D sets forth permitting closure by order (§ 144.12(c)). During IV wells under 1 144.13 does not apply procedures. UIC program development, the Director to injections of hazardous wastes into (v) Subpart E sets forth specific may identify aquifers and portions of aquifers or portions thereof which have conditions, or types of conditions, that aquifers which are actual or potential been exempted pursuant to $ 146.04. must at a minimum be included in all sources of drinking water. This will permits. provide an aid to the Director in 144.2 Promulgation of Class II Programa (2) Part 145. While Part 144 sets forth carrying out his or her duty to protect all for Indian Lands. minimum requirements for all UIC USDWs. An aquifer is a USDW if it fits Notwithstanding the requirements of Programs, these requirements are the definition, even if it has not been this Part or Parts 124 and 146 of this specifically indentified as elements of a "identified." The Director may also chapter, the Administrator may designate "exempted aquifers" using promulgate an alternate UIC Program State application for primacy to administer an UIC Program in Part 145. criteria in 1 146.04. Such aquifers are for Class II wells on any Indian those which would otherwise qualify as) reservation or Indian lands. In Part 145 also sets forth the necessary elements of a State submission and the "underground sources of drinking promulgating such a program the water" to be protected. but which have Administrator shall consider the procedural requirements for approval of no real potential to be used as drinking following factors: State programs. water sources. Therefore. they are not (3) Part 124. The public participation (a) The interest and preferences of the requirements that must be met by UIC USDWs. No aquifer is an "exempted tribal government having responsibility Programs. whether administered by the aquifer" until it has been affirmatively for the given reservation or Indian lands: State or by EPA. are set forth in Part designated under the procedures in (b) The consistency between the 144.7. Aquifers which do not fit the 124. EPA must comply with all Part 124 alternate program and any program in definition of "underground sources of requirements: State administered effect in an adjoining jurisdiction; and drinking water" are not "exempted programs must comply with Part 124 as (c) Such other factors as are necessary aquifers." They are simply not subject to required by Part 145. These and appropriate to carry out the Safe the special protection afforded USDWs. requirements carry out the purposes of Drinking Water Act. (1) Specific inclusions. The following the public participation requirement of wells are included among those types by $ 144.3 Definitions. 40 CFR Part 25 (Public Participation), injection activities which are covered by Terms not defined in this section have and supersede the requirements of that the UIC regulations. (This list is not the meaning given by the appropriate Part as they apply to the UIC Program. intended to be exclusive but is for Act. When a defined term appears in a (4) Part 146. This part set forth the clarification only.) definition. the defined term is sometimes technical criteria and standards that (i) Any injection well located on a placed within quotation marks as an aid must be met in permits and drilling platform inside the State's to readers. authorizations by rule as required by territorial waters. Administrator means the Part 144. (ii) Any dug hole or well that is deeper Administrator of the United States (e) Scope of the Permit or Rule than its largest surface dimension, Environmental Protection Agency, or an Requirement. where the principal function of the hole authorized representative. The UIC Permit Program regulates is emplacement of fluids. (iii) Any septic tank or cesspool used Application m the EPA standard underground injections by five classes national forms for applying for a permit. of wells (see definition of "well by generators of hazardous waste, or by injection." 1144.3). The five classes of including any additions, revisions or owners or operators of hazardous waste' modifications to the forms: or forms wells are set forth in $ 144.6. All owners management facilities, to dispose of or operators of these injection wells approved by EPA for use in approved fluids containing hazardous waste. must be authorized either by permit or (lv) Any septic tank. cesspool. or other States, including any approved modifications or revisions. rule by the Director. In carrying out the well used by a multiple dwelling. mandate of the SDWA. this subpart community. or Regional system for the -Appropriote Act and regulations means the Solid Waste Disposal Act. as provides that no injection shall be injection of wastes. authorized by permit or rule if it results (2) Specific exclusions. The following amended by the Resource Conservation in the movement of fluid containing any are not covered by these regulations: and Recovery Act (RCRA): or Safe contaminant into Underground Sources (i) Injection wells located on a drilling Drinking Water Act (SDWA). whichever of Drinking Water (USDWa-see $ 144.3 platform or other site that is beyond the is applicable; and applicable regulations for definition), if the presence of that State's territorial waters. promulgated under those statutes. contaminant may cause a violation of (ii) Individual or single family Approved State Program means a any primary drinking water regulation residential waste disposal systems such State UIC program administered by the under 40 CFR Part 142 or may adversely as domestic cesspools or septic systems. State that has been approved by EPA affect the health of persons @ 144.12). (iii) Non-residential cesspools. septic according to SDWA 1 1422 Existing Class IV wells which inject systems or similar waste disposal Aquifer means a geological hazardous waste directly into an systems if such systems (A) are used "formation," group of formations, or part underground source of drinking water solely for the disposal of sanitary waste, of a formation that is capable of yielding are to be eliminated over a period of six and (B) have the capacity to serve fewer a significant amount of water to a well months and new such Class IV wells are than 29 persons a day. or spring. to be prohibited (§ 144.13). Class V wells (iv) Injection wells used for injection Area of Review means the area will be inventoried and assessed and of hydrocarbons which are of pipeline surrounding an injection well described Federal Register VoL 46, No. 84 Friday, April 1. 1983 Rules and Regulations 14191 according to the criteria set forth in Formation means a body of Permit means an authorization, 146.06 or in the case of an area permit, consolidated or unconsolidated rock license. or equivalent control document the project area plus a circumscribing characterized by a degree of lithologic issued by EPA or an approved State to area the width of which is either Kg of a homogenelty which is prevailingly. but implement the sequirements of this Part, mile or a number calculated according not necessarily. tabular and is mappable Parts 145, 146 and 124. "Permit" includes to the criteria set forth in 146.06. on the earth's surface or traceable in the an area permit (I 144.33) and an Contaminant means any physical. 4 subsurface. emergency permit 144.34). Permit does chemical. biological, or radiological Formation fluid means "fluid" present not include UIC authorization by rule substance or matter in water. in a "formation") under natural (I 144.81), or any permit which has not Director means the Regional conditions as opposed to introduced yet been the subject of final agency Administrator, the Administrator of fluids, such as "drilling mud." action, such as a "draft permit." EPA. or the State Director, as the Generator means any person, by site Person an individual, context requires. or an authorized location, whose act or process produces association, partnership. corporation. representative. When there is no hazardous waste identified or listed in municipality. State or Federal agency, or approved State program. and there is an 40 CFR Part 261. an agent or employee thereof. EPA administered program. "Director" Ground water means water below the Plugging means the act or process of means the Regional Administrator. land surface in a zone of saturation. stopping the flow of water, oil or gas When there is an approved State Hazardous waste means a hazardous into or out of a formation through a program. "Director" normally means the waste as defined in 40 CFR 261.3. borehole or well penetrating that State Director. Hazardous Waste Management formation. In some circumstances. however, EPA facility ("HWM facility") means all Project means a group of wells in a retains the authority to take certain contiguous land, and structures, other single operation. actions even when there is an approved appurtenances, and improvements on Radioactive Waste means any waste State program. In such cases, the term the land used for treating. storing. or which contains radioactive material in "Director" means the Regional disposing of hazardous waste. A facility concentrations which exceed those Administrator and not the State may consist of several treatment, listed in 10 CFR Part 20, Appendix B, Director. storage, or disposal operational units Table II, Column 2. Draft permit means a document (for example, one or more landfills, RCRA means the Solid Waste prepared under $ 124.6 indicating the surface impoundments. or combination Disposal Act as amended by the Director's tentative decision to issue or of them). Resource Conservation and Recovery deny, modify. revoke and reissue, facility means "Hazardous Act of 1976 (Pub. L 94-580, as amended terminate, or reissue a "permit." A Waste Management facility" by Pub. L 95-609, Pub. L 96-510, 42 notice of intent to terminate a permit, Injection well means a "well" into U.S.C. 0901 at seq.). and a notice of intent to deny a permit, which "fluids" are being injected. Regional Administrator means the as discussed in $ 124.5 are types of Injection zone means a geological Regional Administrator of the "draft permits." A denial of a request for "formation" group of formations, or part appropriate Regional Office of the modification. revocation and reissuance, of a formation receiving fluids through a Environmental Protection Agency or the or termination, as discussed in 124.5 is "well" authorized representative of the not a "draft permit." Interstate agency means an agency of Regional Administrator. Drilling mud means a heavy two or more States established by or Schedule of compliance means a suspension used in drilling an "injection under an agreement or compact schedule of remedial measures included well." introduced down the drill pipe approved by the Congress, or any other in a "permit," including an enforceable and through the drill bit. agency of two or more States having sequence of interim requirements (for Emergency permit means a UIC substantial powers or duties pertaining example, actions. operations, or "permit" issued in accordance with to the control of pollution as determined milestone events) leading to compliance 144.34. and approved by the administrator with the "appropriate Act and Environmental Protection Agency under the "appropriate Act and regulations." ("EPA") means the United States regulations.* SDWA means the Safe Drinking Environmental Protection Agency. Major facility means any UIC "facility Water Act (Pub. L 93-523, as amended EPA means the United States or activity" classified as such by the by Pub. L 96-502; 42 U.S.C. 300f et seq.). "Environmental Protection Agency." Regional Administrator. or, in the case Site means the land or water area Exempted aquifer an "aquifer" of approved State programs, the where any "facility or activity" is or its portion that meets the criteria in Regional Administrator in conjunction physically located or conducted. the definition of "underground source of with the State Director. including adjacent land used in drinking water" but which has been Manifast means the shipping connection with the facility or activity. exempted according to the procedures in document originated and signed by the State means any of the 50 States. the 144.7. "generator" which contains the District of Columbia. Guam, the Existing injection welLmeans an information required by Subpart B of 40 Commonwealth of Puerto Rico. the "injection well" other than a "new CFR Part 262. Virgin Islands, American Samoa, the injection well." New injection wells means an Trust Territory of the Pacific Islands and Facility or activity means any UIC "Injection well" which began injection the Commonwealth Northern Mariana "injection well." or an other facility or after a UIC program for the State Islands. activity that is subject to regulation applicable to the well is approved er State Director means the chief under the UIC program. prescribed. administrative officer of any State or Fluid any material or Owner or operator.means the owner interstate agency operating an approved substance which flows or moves or operator of any "facility or activity" program. or delegated representative of whether in a semisolid, liquid. sludge, subject to regulation under the UIC the State Director. If responsibility is gas. or any other form or state program. divided among two or more State or 14192 Federal Register / Vol. 48, No. 64 / Friday, April 1. 1983 / Rules and Regulations interstate agencies, "State Director" measures when feasible to mitigate (1) The name and address of any means the chief administrative officer of potential adverse effects of the licensed permit applicant or permittee: the State or interstate agency authorized activity and properties listed or eligible (2) Information which deals with the to perform the particular procedure or for listing in the National Register of existence, absence, or level of function to which reference is made. Historic Places. The Act's requirements contaminants in drinking water. State/BPA Agreement means an are to be implemented in cooperation agreement between the Regional with State Historic Preservation Officers I 144.8 Classification of unlis. Administrator and the State which and upon notice to, and when Injection wells are classified as coordinates EPA and State activities. appropriate. in consultation with the follows: responsibilities and programs. Advisory Council on Historic. (a) Class Stratum (plural strata) means a single Preservation. (1) Wells used by generators of sedimentary bed or layer. regardless of (c) The Endangered Species Act 16 hazardows waste or owners or operators thickness, that consists of generally the U.S.C. 1531 at seq. Section 7 of the Act of hazardous waste management same kind of rock material. and implementing regulations (50 CFR facilities to inject hazardous waste Total dissolved solids means the total Part 402) require the Regional beneath the lowermost formation dissolved (filterable) solida as Administrator to ensure, in consultation containing, within one-quarter mile of determined by use of the method with the Secretary of the Interior or the well bore, an underground source of specified in 40 CFR Part 136. Commerce, that any action authorized drinking water. UIC means the Underground Injection by EPA is not likely to jeopardize the (2) Other industrial and municipal Control program under Part C of the continued existence of any endangered disposal wells which inject fluids Safe Drinking Water Act, including am or threatened species or adversely affect beneath the lowermost formation "approved State program." its critical habitat. containing, within one quarter mile of Underground injection means a "well (d) The-Coastal Zone Management the well bore, an underground source of injection." Act, 18 U.S.C. 1451 et seq. Section 307(c) drinking water. Underground source of drinking water of the Act and implementing regulations (b) Class II. Wells which inject fluids: (USDW) means an aquifer or its portion: (15 CFR Part 930) prohibit EPA from (1) Which are brought to the surface in (a)(1) Which supplies any public issuing a permit for an activity affecting connection with conventional oil or water system; or land or water use in the coastal zone natural gas production and may be (2) Which contains a sufficient until the applicant certifies that the commingled with waste waters from gas quantity of ground water to supply a proposed activity complies with the plants which are an integal part of public water system: and State Coastal Zone Management production operations, unless those (i) Currently supplies drinking water program. and the State or its designated waters are classified as a hazardous for human consumption: or agency concurs with the certification (or waste at the time of injection. (ii) Contains fewer than 10,000 mg/l the Secretary of Commerce overrides (2) For enhanced recovery of oil or total dissolved solids: and the States nonconcurrence). natural gas; and (b) Which is not an exempted aquifer. (e) The Fish and Wildlife (3) For storage of hydrocarbons which USDW means "underground source of Coordination Act 16 U.S.C. 661 et seq., drinking water." requires the Regional Administrator, are liquid at standard temperature and Well means a bored, drilled or driven before issuing a permit proposing or pressure. shaft. or a dug hole, whose depth is authorizing the impoundment (with (c) Class III. Wells which inject for greater than the largest surface certain exemptions]. diversion. or other extraction of minerals including: dimension. control or modification of any body of (1) Mining of sulfur by the Frasch Well injection means the subsurface water, consult with the appropriate process emplacement of "fluids" through a State agency exercising jurisdiction over (2) In situ production of uranfum or bored. drilled, or driven "well;" or wildlife resources to conserve these other metals: this category includes only through a dug well, where the depth of in-situ production from ore bodies which resources. the dug well is greater than the largest (f) Executive orders [Reserved] have not been conventionally mined. surface dimension. Solution mining of conventional mines $ 144.5 Confidentiality of information. such as stopes leaching is included B § 144.4 Considerations under Federal law. (a) In accordance with 40 CFR Part 2. Class V. Permits shall be issued in a manner any information submitted to EPA (3) Solution mining of salts or potash. and shall contain conditions consistent pursuant to these regulations may be (d) Class IV with requirements of applicable Federal claimed as confidential by the submitter. (1) Wells used by generators of laws. These laws may include: Any such claim must be asserted at the bazardous waste or of radioactive (a) The Wild and Scenic Rivers Act, time of submission in the manner waste, by owners or operators of 16 U.S.C. 1273 et seq. Section 7 of the prescribed - the application form or hazardous waste management facilities, Act prohibits the Regional instructions or, in the case of other or by owners or operators of redioactive Administrator from assisting by license submissions, by stamping the words waste disposal sites to dispose of or otherwise the construction of any "confidential business information" on bazardous waste or redioactive waste water resources project that would have each page containing such information. into a formation which within one- a direct. adverse effect on the values for If no claim is made at the time of quarter (%) mile of the well contains an which a national wild and scenic river submission, EPA may make the underground source of drinking water. was established. information available to the public (2) Wells used by generators of (b) The National Historic without further notice. If a claim is hazardous waste or of redioactive Preservation Act of 1966, 16 U.S.C. 470 asserted. the information will be treated waste, by owners or operators of et seq. Section 100 of the Act and in accordance with the procedures in to hazardous waste management facilities, implementing regulations (36 CFR Part CFR Part 2 (Public Information). or by owners or operators of redioactive 800) require the Regional Administrator, (b) Claims of confidentiality for the waste disposal sites to dispose of before issuing a license, to adopt following information will be denied: hazardous waste or redioactive waste Federal Register 1 Vol. 48, No. 04 Friday. April 1, 1963 Rules and Regulations 14193 above a formation which within onenecessary to demonstrate that the When a permittee has noncompliance of quarter (%) mile of the well contains a aquifer is expected to be mineral or more than one kind, combine the underground source of drinking water, hydrocarbon producing. Information information into a single entry for each (3) Wells used by generators of contained in the mining plan for the such permittee. hazardous waste or owners or operators proposed project, such as a map and (C) The date(s) and a brief description of hazardous waste management general description of the mining zone. of the action(s) taken by the Director to facilities to dispose of hazardous waste, general information on the mineralogy ensure compliance. which cannot be classified under and geochemistry of the mining zone, (D) Status of the instance(s) of paragraphs [a)(1) or (d) (1) and (2) of this analysis of the amenability of the mining noncompliance with the date of the section (e.g., wells used to dispose of zone to the proposed mining method, review of the status or the date of hazardous waste into or above a and a time-table of planned resolution. formation which contains an aquifer development of the mining zone shall be (E) Any details which tend to explain which has been exempted pursuant to considered by the Director in addition to or mitigate the instance(s) of $ 146.04). the information required by 144.31(g). noncompliance. (e) Class V. Injection wells not (2) For Class 11 wells, a demonstration (2) Instances of noncompliance to be included in Classes 1, II, III. or IV. of commercial producibility shall be reported. Any instances of made as follows: noncompliance within the following I 144.7 Identification of underground (i) For a Class II well to be used for categories shall be reported in sources of drinking water and exempted enhanced oil recovery processes in a successive reports until the aquifers. field or project containing aquifers from noncompliance is reported as resolved. (a) The Director may identify (by which hydrocarbons were previously Once noncompliance is reported as narrative description. illustrations, produced, commercial producibility resolved it need not appear in maps, or other means) and shall protect, shall be presumed by the Director upon subsequent reports. except where exempted under a demonstration by the applicant of (i) Failure to complete construction paragraph (b) of this section, as an historical production having occurred in elements. When the permittee has failed underground source of drinking water, the project area or field. all aquifers or parts of aquifers which to complete. by the date specified in the (ii) For Class II wells not located in a meet the definition of an "underground permit, an element of a compliance field or project containing aquifers from schedule involving either planning for source of drinking water" in 144.3. which hydrocarbons were previously construction or a construction step (for Even if an aquifer has not been produced, information such as logs, core specifically identified by the Director, it example, begin construction, attain data, formation description, formation is an underground source of drinking operation level): and the permittee has depth. formation thickness and not returned to compliance by water if it meets the definition in $ 144.3. formation parameters such as (b)(1) the Director may identify (by accomplishing the required elements of permeability and porosity shall be narrative description, illustrations, the schedule within 30 days from the considered by the Director, to the extent maps, or other means) and describe in date a compliance schedule report is such information is available. geographic and/or geometric terms, due under the permit. (such as vertical and lateral limits and $ 144.8 Noncompliance and program (II),Modifications to schedules of gradient) which are clear and definite. reporting by the Director. compliance. When a schedule of all aquifers or parts thereof which the The Director shall prepare quarterly compliance in the permit has been Director proposes to designate as and annual reports as detailed below. modified under 144.39 or 144.41 exempted aquifers using the criteria in When the State is the permit-issuing because of the permittee's 40 CFR 146.04. authority. the State Director shall submit noncompliance. (2) No designation of an exempted any reports required under this section (iii) Failure to complete or provide aquifer submitted as part of a UIC to the Regional Administrator. When compliance schedule or monitoring Program shall be final-until approved by EPA is the permit-issuing authority, the reports. When the permittee has failed the Administrator as part of a UIC Regional Administrator shall submit any to complete or provide a report required program. report required under this section to in a permit compliance schedule (for (3) Subsequent to program approval or EPA Headquarters. example, progress report or notice of promulgation, the Director may, after (a) Quarterly reports. The Director noncompliance or compliance) or a notice and opportunity for a public shall submit quarterly narrative reports monitoring report: and the permittee has hearing. identify additional exempted for major facilities as follows: not-submitted the complete report aquifers. For approved State programs (1) Format. The report shall use the within 30 days from the date it is due exemption of aquifers identifed (i) under following format: under the permit for compliance $ 146.04(b) shall be treated as a program (i) Provide an alphabetized list of schedules, or from the date specified in revision under $ 145.32; (ii) under permittees. When two or more the permit for monitoring reports. 146.04(c) shall become final if the State permittees have the same name. the (iv) Deficient reports. When the Director submits the exemption in lowest permit number shall be entered required reports provided by the writing to the Administrator and the first. permittee are so deficient as to cause Administrator has not disapproved the (ii) For each entry on the list. include misunderstanding by the Director and designation within 45 days. Any the following information in the thus impede the review of the status of disapproval by the Administrator shall following order: compliance. state the reasons and shall constitute (A) Name, location. and permit (v) Noncompliance with other permit final Agency action for purposes of number of the noncomplying permittees. requirements. Noncompliance shall be judicial review. (B) A brief description and date of reported in the following circumstances: (c)(1) For Class III wells, the Director each instance of noncompliance for that (A) Whenever the permittee has shall require an applicant for a permit permittee. Instances of noncompliance violated a permit requirement (other which necessitates an aquifer exemption may include one or more the kinds set than reported under paragraph (a)(2) (i) under $ 146.04(b)(1) to furnish the data forth in paragraph (a)(2) of this section. or (ii) of this section), and has not 14154 Federal Register / VoL 48, No. 64 / Friday, April 1983 / Rules and Regulations returned to compliance within 45 days concerning noncompliance with permit accordance with $ 144.38, or the permit from the date reporting of requirements by major facilities in the may be terminated under $ 144.40 if noncompliance was due under the State in accordance with the following cause exists, or appropriate enforcement permit: or schedule. The Regional Administrator action may be taken If the permit has (B) When the Director determines that shall prepare and submit information for been violated. In the case of wells a patters of noncompliance exists for a EPA-issued permits to EPA authorized by rule, see # 144.21-24. major facility permittee over the most Headquarters in accordance with the (c) For Class V wells. if at any time recent four consecutive reporting same schedule. the Director learns that a Class V well periods. This pattern includes any QUARTERS COVERED BY REPORTS ON may cause a violation of primary violation of the same requirement in two NONCOMPLIANCE BY MAJOR FACILITIES drinking water regulations under 40 CFR consecutive reporing periods. and any Part 142, be or she shall: violation of one or more requirements in (Date too completion of reports) (1) Require the injector to obtain an each of four consecutive reporting January, February, and March May St individual permit; periods; or April, May, and June - 36 July, August, and September Nov. 30 (2) Order the injector to take such (C) When the Director determines Octster, November, and Do Feb 28 cember. actions (including where required significant permit noncompliance or closure of the injection well) as may be other significant avent has occurred, Reports must be made available = the public to tion and capying on this date necessary to prevent the violation: or such as a migration of fluids into a (3) Take enforcement action. USDW. (2) For all annual reports. The period (vi) All other. Statistical information (d) Whenever the Director learns that for annual reports shall be for the shall be reported quarterly on all other a Class V well may be otherwise calendar year ending December 31, with instances of noncompliance by major adversely affecting the health of reports completed and available to the facilities with permit requirements not persons, he or she may prescribe such public no more than 00 days later. otherwise reported under paragraph (a) actions as may be necessary to prevent of this section. Subpert B-General Program the adverse effect, including any action (b) Annual reports. (1) Annual Requirements authorized under paragraph (c) of this noncompliance report. Statistical section. 144.11 Prohibition of unauthortzed reports shall be submitted by the (e) Notwithstanding any other Injection. Director on nonmajor UIC permittees provision of this section, the Director indicating the total number reviewed, Any underground injection, except as may take emergency action upon receipt the number of noncomplying nonmajor authorized by permit or rule issued of information that a contaminant which permittees, the number of enforcement under the UIC program. is prohibited. is present in or is likely to enter a public actions, and number of pennit The construction of any well required to water system may present an imminent modifications extending compliance have a permit is prohibited antil the and substantial endangerment to the deadlines. The statistical information permit has been issued. health of persons. shall be organized to follow the types of 144.12 Probibilion of receivent of fluid 4 144.13 Elimination of certain Class IV noncompliance listed in paragraph (a) of into underground sources of drinking wells. this section. water. (2) For State-administered UPC (a) In addition to the requirement of (a) No owner or operator shall Programs only. In addition to the annual I 144.14, the following are prohibited: construct. operate, maintain. convert. noncompliance report, the State Director (1) The construction of any Class IV plug, abandon, or conduct any other shall: well for the injection of harardous injection activity in & manner that (i) Submit each year a program report waste directly into an underground allows the movement of fluid containing to the Administrator (in a manner and source of drinking water; any contaminant into underground form prescribed by the Administrator) sources of drinking water, if the (2) The injection of hazardous waste consisting of presence of that centaminant may cause directly into an underground source of (A) A detailed description of the a violation of any primary drinking drinking water through a Class IV well State's implementation of its program: water regulation under 40 CFR Part 142 that was not tn operation prior to july (B) Suggested changes. if any to the or may otherwise adversely effect the 18, 1960. program description (see i 145.23(f)) health of persons. The applicant for a (3) Any increase in the amount of which are necessary to reflect more permit shall have the burden of showing hazardous waste or change in the type accurately the State's progress in issuing that the requirements of this paragraph of hazardous waste injected into a well permits: are met. injecting hazardous waste directly into a (C) An updated Inventory of active (b) For Class I. II, and III wells, if any USDW. underground injection operations in the water quality monitoring of an (4) The operation of any Class IV well State. underground source of drinking water injecting hazardous waste directly into a (ii) In addition to complying with the indicates the movement of any USDW after 6 months following the requirements of paragraph (b)(2)(i) of contaminant into the underground approval or promulgation of a UIC this section, the Director shall provide source of drinking water. except as program for the State. the Administrator, on February 28th and authorized under Part 148, the Director (b) The probibition applicable to Class August 31st of each of the first two shall prescribe such additional IV wells does not apply to injections of years of program operation. the requirements for construction, corrective hazardous wastes into aquifers or information required in 40 CFR 148.15, action. operation, monitoring - portions thereof which have been 146.25, and 140.35. reporting (including closure of the exempted pursuant to $ 140.04 (c) Schedule. (1) For all quarterly injection well] as are necessary to reports. On the last working day of May, prevent such movement. In the case of 144.14 Requirements for wells injecting August, November, and February. the wells authorized by permit, these hazardows wants. State Director shall submit to the additional requirements shall be (a) Applicability. The regulations in Regional Administrator information imposed by modifying the permit in this section apply to all generators of Federal Register No. 8dd Relday. Apdl 11988 ules and Regulations 14195 hazardous avasts, Walver of operator maintains compliance with all sperators avasts Director. applicable-requirements. facilities. maing envaloes (a) does automocour (c) Requirements. Owners or of inject operators f wells authorized under this some chinking concertenc. the Director section shall comply with the following accompanied.by may authorize a requirements no later than one year 1 144.13g) stringent requirements that grease after authorization, except that where (b) Amthorization The SERVICE operater that made acconstruction, asschanied the referenced requirements apply to Injedt harminess the integuity expensation, monitioning. permittees, the terms "permit" and regulation - OFF "permittee" shall be read to include accompanied by document shall apply.far.estharization or 544.52 to the extest that the rules and those authorized by rule: to injectias withing reductions in mquirment in will (1) Section T44.31(s)-Iexemption in from where authorized by months afterthe approval ar fluids into an underground source of temporary permits): promulgation of the'State MIIC adrinking water. of (c) Requirements.Nn/additionits lb) Va records): camplying with the applicable abovemn of (3) within 24 drinking avaier, but themasism of hours): Part 146, the operation-of-sed endangaring computed (4) Section 144.51(n)-Inotice of facility meeting the requirements of under- 148/66(a) is enequal abandonment): paragraph (b) of this:section,whall the medius the well, the Birector may (5) The owner ST operator must comply with the:following: authorize a wall are project withhess prepare. maintain. andwomply with a (1) Netification. The ewner or stringent requirements forvoymation. plan forgingging dabandonment that operator comply with the monitoring. and reporting than required meets the requirements of $ 146.10 and notification requirements of Section 8810 in 40 CFR Part 146 or 144.52 to the is acceptable to the Director (for of Pub. L 94-580. extent that thereduction in purposes of this, paragraph. temporary (2) Identification number. The owner requirements will net result in an affinjection or operator shall comply with-the increased risk off movement offluids opera tionsi met andonment): requirements of 4D CFR 364.11. into en underground source of tirinking (8) Tlenoerating (3) Manifest system. The OWNEROR water. monitoring and reporting requirements operator shall comply with the (c) When reducing requirements under (except mechanical integrity) required to applicable recordkeeping and reporting paragraph.(s)-or (b) of this section, the be specified by 346.18.(Class 1). requirements for manifested wastes in Director shall prepare a wheet under I 146.28. (Classill) and 146.33 (Class 40 CFR 28471. 4 124.8 explaining the reasons for fire ma: (4) Manifest discrepancies. The owner action. (7) Sectien 1a.52(a)(7)-(financial or operator shall comply with 40 CFR responsibility): and Subpart C-Authorization-of $264.72. (8) Section 144.14(c)-{requirements Underground Injection by Rule for wells injecting hazardous waste) (5) Operating record. The owner or operator shall comply with 40 CFR $ 144.21 Existing Class 1,41 (except applicable to Class wells injecting 264.73(a), (b)(1). and (b)(2). enhanced recovery and hydrocarbon hazardous waste-only). (6) Annual report. The owner or storage) and # wells. 144.22 Existing Class H enhanced operator shall comply with 40 CFR Injection into existing Class-Lill recovery and hydrocarbon storage wells. $ 264.75. (except existing enhanced resovery and hydrocarbon storage). and III wells is Injection into existing Class II (7) Unmanifested waste report. The enhanced recovery and hydrocarbon authorized. owner or operator shall comply with 40 (a) Duration. The authorization under storage-wells is authorized for the life of CFR $264.75. this section expires: thewell or project. ).Persompel training. The owner or (1) Upon the effective Date of the (a) Owners or operators of wells operater shall comply with the permit or permit denial II a permit authorized under this section shall applicable personnel training application has been filed in a timely complywith the following requirements, requirements of 40 CFR I 264.16. manner us specified in 100 184.31(c)(1): except that where the referenced :(9) Certification of closure. When (2) Ifs permit application has not requirements applysto permittees the abandonmentis completed, the seviner been filed in a timely manner as terms "permit" and "permittee" shall be or operator must submit to the Director specified in 3 144.31(c)(1); or read to include rule and those certification by the owner or operator (3) Five years after approval or authorized by aule: and certification by an independent promulgation of the UIC program unless (1) Section 144.51(a)-(exemption registered professional engineer that the a complete permit application is fromatule where authorized by facility has been closed in accordance pending. temporary permit): with the specifications in 1 144.52(a)(6). (b) Class II and III wells in existing (2) Section 144.51(j)(2)-(retention or (d) Additional requirements for Class fields or projects. Notwithstanding the records): IV wells. (Reservad). prohibition in 144.11, this section (3) Section 144.51(i)(6)-Ireporting authorizes Class II and Class III wells or within 24 hours): $ 144.15 Assessment of Class V walls. projects in socisting fields or projects to .(4) Section 144.52(n)-inotice of Assessment of Class V Wells. The continue normal operations until abandonment): Director shall, within three years of the permitted. including construction, (5) The owner or operator-must approval of the program in a State operation. and plugging and prepare, maintain, and comply with a submit a report and recommendations to abandonment of wells as part of the plan for plugging and abentionment that EPA in compliance with $ 146:52(b). operation, provided the owner or meets the requirements of 1 166.10 and 14196 Federal Register Vol. 48, No. 64 / Friday, April 1, 1983 Rules and Regulations is acceptable to the Director (for. operator authorized by a rule to apply all underground injections wells are purposes of this paragraph. temporary for an individual or area UIC permit prohibited unless authorized by permit. intermittent cessation of injection under this paragraph only if the owner Persons currently authorized by rule operations is not abandonment): or operator has been notified in writing must still apply for a permit under this (6) Section 144.52(a)(7)-(financiai that a permit application is required. section unless authorization was for the responsibility); The notice shall include a brief life of the well or project. Rules (7) Section 146.08-(mechanical statement of the reasons for this authorizing well injections for which integrity); decision, an application form. a permit applications have been submitted (8) Section 148.22-(casing and statement setting a time for the owner or shall lapse for a particular well injection cementing requirements where operator to file the application. and a or project upon the effective date of the appropriate): and statement that upon the effective date of permit or permit denial for that well (9) The minimum operating, the UIC permit the rule no longer applies injection or project. Procedures for monitoring and reporting requirements to the activities regulated under the UIC applications, issuance and required to be specified by $ 146.23. Program. (b) Owners or operators of wells administration of emergency permits are (c) Any owner or operator authorized authorized under this section shall found exclusively in $ 144.34. by a rule may request to be excluded comply with the construction (b) Who applies? When a facility or from the coverage of the rules by requirements no later than three years, applying for an individual or area UIC activity is owned by one person but is and other requirements no later than operated by another person, it is the permit. The owner or operator shall one year after authorization. operator's duty to obtain a permit. submit an application under I 144.31 with reasons supporting the request. to (c) Time to apply. Any person who ! 144.23 Class IV wells. (a) Injection into existing Class IV the Director. The Director may grant any performs or proposes an underground wells as defined in $ 144.6(d)(1) is such requests. injection for which a permit is or will be required shall submit an application to authorized for up to six months after 144.26 Inventory requirements. the Director in accordance with the UIC approval or promulgation of the UIC Owners or operators of all injection program as follows: Program. Such wells are subject to the wells authorized by rule shall submit (1) For existing wells, as expeditiously requirements of $ 144.13 and $ 144.14(c). inventory information to the Director. as practicable but no later than 4 years (b) Injection into existing Class IV Any authorization under this subpart from the approval or promulgation of the wells as defined in 144.6(d) (2) and (3) automatically terminates for any owner UIC program. or as required under are authorized until six months after or operator who fails to comply within § 144.14(b) for wells injecting hazardous approval or promulgation of an UIC the time specified in paragraph (c) of waste. Program incorporating criteria and this section. (2) For new injection wells, except standards under Part 146, Subpart E (a) Contents. As part of the inventory, new wells in projects authorized under applicable to Class IV injection wells. the Director shall require and the Such wells are subject to the § 144.21(b) or covered by an existing owner/operator shall provide at least area permit under $ 144.33(c), a requirements of $ 144.14(c). the following information: reasonable time before construction is $ 144.24 Class V wells. (1) Facility name and location; expected to begin. Injection into Class V wells is (2) Name and address of legal contact: (d) Completeness. The Director shall (3) Ownership of facility: authorized until further requirements (4) Nature and type of injection wells: not issue a permit before receiving a under future regulations become and complete application for a permit except applicable. (5) Operating status of injection wells, for emergency permits. An application for a permit is complete when the $ 144.25 Requiring a permit. Note.-This information is requested on Director receives an application form (a) The Director may require any national form "Inventory of Injection Wells." and any supplemental information Class I. II. III, or V injection well OMB No. 158-R0170. which are completed to his or her authorized by a rule to apply for and (b) Notice. Upon approval of the UIC satisfaction. The completeness of any obtain an individual or area UIC permit. Program in a State, the Director shall application for a permit shall be judged Cases where individual or area UIC notify owners or operators of injection independently of the status of any other permits may be required include: wells of their duty to submit inventory permit application or permit for the (1) The injection well is not in information. The method of notification same facility or activity. For EPAcompliance with any requirement of the selected by the Director must assure administered programs, an application rule; that the owners or operators will be which is reviewed under I 124.3 is Note-Any underground injection which made aware of the inventory complete when the Director receives violates any authorization by rule is subject requirement. either a complete application or the to appropriate enforcement action. (c) Deadlines. Owners or operators of information listed in a notice of (2) The injection well is not or no injection wells must submit inventory deficiency. longer is within the category of wells information no later than one year after (e) Information requirements. All and types of well operations authorized the authorization by rule. The Director applicants for permits shall provide the in the rule; need not require inventory information following information to the Director. (3) The protection of USDWs requires from any facility with interim status using the application form provided by that the injection operation be regulated under RCRA, the Director. by requirements, such as for corrective Subpart D-Authorization by Permit (1) The activities conducted by the action, monitoring and reporting, or applicant which require it to obtain operation, which are not contained in $ 144.31 Application for a permit; permits under RCRA. UIC, the National the rule. authorization by permit Pollution Discharge Elimination system (b) For EPA administered programs, (a) Permit application. Except for (NPDES) program under the Clean the Director may require the owner or owners or operators authorized by rule. Water Act, or the Prevention of Federal Register Vol. 48. No. 04 Friday. April 1 1983 Rules and Regulations 14197 Significant Deterioration (PSD) Class II wells, paragraph (b) of this individually. provided:# the permit is under the Clean Air Act section), shall be signed fallows: for injection walls: (2) Name, mailing address, and (i)For cosporation:by a principal (1) Described and identified by location of the facility for which:the executive officer of Fleast She level of location in panill tion(s) If they application is-submitted. wice-president: are existing wells, cercept that the (3)Up to four SIC codes which best 12) For a partnership or sole Director may accepts single description reflect the principal products or services prepristership Thy ageneral partner or of wells with substantinly thessame provided by the facility. the proprietor. respectively; or schare oteristion: (4) The operator's name, address, (3) For a aumicipality, State Federal (2) Within the same well field. facility telephone townership states, or other public agency.day afther site, genermals ipmjedt, similar-unit in and status as Federal, State, private, principal executive or ranking elected the same State: public. or other autity. efficial (3) Operated by a-single owner BT (4) Winsther facility islocated on Tb) Reports. MI reparts required by operator, and Indian lands. permits. other information requested My (4) Used to mject other than (6) Tisting of all permits.or the Director. and il permit applications hazaitious waste. construction approvals received or submitted for Class wells-ander applied for under any of the Tollowing (b) Area permits shall specify: $144.31 shall be signed by a person described in paragraph (a) of this (1) The area within which programs: (i) Hasmilous Weste Management section, or by a duly authorized underground injections are authorized, and pregram under RCRA. representatie.ofthatpeson.Apemon (H)TTC program under SDWA. is a duly authorized sepresentative only (2) The requirements for construction, (iii) NPDES program under OWA. if monitoring. reporting, operation. and (is)Prewentionatf Signifimentt (1) The authorizations abandonment, Jor all wells authorized termination (PSD) program writing by a permon described in by the permit. paragraph (a) of this section: (c) The area permit may authorize the (v) cagnam the (3) The authorization specifies wither permittee to construct and operate, Clean-Air-Act. an individual ore positionharing convert. or plug-and abandon wells (wj) National Emission aderds for responsibility for the owerallmparation within the permit area previded: of the regulated facility or activity. such (1) The posmittee notifies the Director epproval amdorahe as the position of plant manager. at such time as the permit requires; Clean apperator of a well or.a well field (2) The additional-well satiafies the (wij) dumping permits antierche superintendent. exposition of aguivalent criteria in paragraph (a)sef this mantion Mariae Prataction/Reseamband responsibility JA duly authorized and meets the requirements specified in Sanchaaries.A representative may thus be either. the persuit ander paragraph; of this (viii) Dredge and fill permits entler named individual or any individual sention: and section 404 of CWA. occupying anamed position): and (3) The camilativ affects drilling Jinc) Dther relevant environmental T3) The written authorization. is and openati of additional injection parmits, including State permits. submitted to the Director. avells arecapaidered by the Birector (7)_A Appographic map for other mapilf [c)-Changes to authorization. If an the quanit a topegraphic map is unavailable) authorization under paragraph] of this application and are acceptable to the extending one mileibey the preparty section is nollonger telbscause a Director. bounderies of the source depicting the different initividual orpasitionhas (id) If the stermines that any facility and-each of te-intakemend responsibility for the overall operation will anountructed pursuant to paragraph discharge structures; eachofats of the facility. a new authorization deesnet satisfy any of hazardous waste destiment storage or disposal facilities; each well where satisfying the requirements of paragraph the requirements di peragraphs (d)(1) (b) of this section must be submitted to and (c)(2) off this section the Director fluids times the Director prior to or together with any may modify the permit under's 14439, underground: and those wells. springs, and other surface weller desdies. and reports. Information or applications to terminate under 1 144.40. or take be signed by an aufhorized enforcement action. If the Director drinking mater avails distall in yeshir representative. determines that complative effects are members.or atherwise applicant within a of (d) Certification Any person signing a unacceptable, the permit may be document under paragraph on(li) of modified under $ TH.39. facility property housthing. (4) A the naturest this section shall make the following certification: I 145.00 the business. d certify under the (d) Coverage. Notwithstanding any #) Recordkeeping Applicanterell **aap records of all.deterused.de have personally examined and - familiar other provision of this Part OT Part 124. completeparmit-agplicstiens eadany with the informa subraitted in this the Director may temporarily permit a Bocument and fill attachments and That, underground injection which supplemental information submitted based on my inquiry # those inilividuals las not otherwise been authorized by under $ 144.31 for a paried efat least 3 immediately responsible for obtaining the rule or permit* years from the date the application.is Information Obdieve That T1) imminent and adbstaritial signed. time, account te, complete Immediate that endangerment to the health of persons (g) Contenterol IPC application thereaurestigntficent penalties wabsitting will result miless a temporary [Reserved]] emergency permit isgranted: or $ 144.32 Signatures to permit applications (2) A substantial and irretrievable loss and reports. 144.33 Are permits. of oil or gas RESOURCES will occur anless 1d) Applications. All permit (a) The Tiractormay issue 1 parmit.on a temporary emergency permit is applications. except those submitted for an assa basis. rather than for each well granted term Class wall; and 14198 Federal Register / Vol. 48, No. 64 / Friday. April 1, 1983 / Rules and Regulations (i) Timely application for a permit not to exceed 10 years. UIC permits for effective date of the State-issued new could not practicably have been made: Class II and III wells shall be issued for permit. and a period up to the operating life of the (ii) The injection will not result in the facility. The Director shall review each I 144.38 Transfer of permits. movement of fluids into underground issued Class II or III well UIC permit at (a) Transfers by modification. Except sources of drinking water; or least once every 5 years to determine as provided in paragraph (b) of this (3) A substantial delay in production whether it should be modified. revoked section, a permit may be transferred by of oil or gas resources will occur unless and reissued, terminated. or a minor the permittee to a new owner or a temporary emergency permit is modification made as provided in operator only if the permit has been granted to a new Class II well and the 144.39, 144.40, and 144.41. modified or revoked and reissued (under temporary authorization will not result (b) Except as provided in 144.37, the $ 144.39(b)(2)). or a minor modification in the movement of fluids into an term of a permit shall not be extended made (under $ 144.41(d)). to identify the underground source of drinking water, by modification beyond the maximum new permittee and incorporate such (b) Requirements for issuance. duration specified in this section. other requirements as may be necessary (1) Any temporary permit under (c) The Director may issue any permit under the Safe Drinking Water Act. paragraph (a)(1) of this section shall be for a duration that is less than the full (b) Automatic transfers. As an for no longer term than required to allowable term under this section. alternative to transfers under paragraph prevent the hazard. (a) of this section. any.UIC permit for a (2) Any temporary permit under 144.37 Continuation of expiring permits. well not injecting hazardous waste may paragraph (a)(2) of this section shall be (a) EPA permits. When EPA is the be automatically transferred to a new for no longer than 90 days, except that if permit-issuing authority, the conditions permittee if: a permit application has been submitted of an expired permit continue in force (1) The current permittee notifies the prior to the expiration of the 90-day under 5 U.S.C. 558(c) until the effective Director at least 30 days in advance of period, the Director may extend the date of a new permit if: the proposed transfer date referred to in temporary permit until final action on (1) The permittee has submitted a paragraph (b)(2) of this section: the application. timely application which is a complete (3) Any temporary permit under (2) The notice includes a written application for a new permit; and paragraph (a)(3) of this section shall be agreement between the existing and (2) The Regional Administrator, issued only after a complete permit new permittees containing a specific through no fault of the permittee does application has been submitted and date for transfer or permit responsibility,- not issue a new permit with an effective shall be effective until final action on coverage, and liability between them, date on or before the expiration date of and the notice demonstrates that the the application. the previous permit (for example, when (4) Notice of any temporary permit financial responsibility requirements of issuance is impracticable due to time or under this paragraph shall be published $ 144.52(a)(7) will be met by the new resource constraints). in accordance with $ 124.11 within 10 permittee; and (b) Effect. Permits continued under days of the issuance of the permit. this section remain fully effective and (3) The Director does not notify the (5) The temporary permit under this enforceable. existing permittee and the proposed new section may be either oral or written. if permittee of his or her intent to modify (c) Enforcement. When the permittee oral, it must be followed within 5 or revoke and reissue the permit. A is not in compliance with the conditions calendar days by a written temporary modification under this paragraph may of the expiring or expired permit the emergency permit. also be a minor modification under Regional Administrator may choose to (6) The Director shall condition the $ 144.41. If this notice is not received, do any or all of the following: temporary permit in any manner he or the transfer is effective on the date (1) Initiate enforcement action based she determines is necessary to ensure specified in the agreement mentioned in that the injection will not result in the upon the permit which has been paragraph (b)(2) of this section. continued; movement of fluids into an underground (2) Issue a notice of intent to deny the I 144.39 Modification or revocation and source of drinking water. new permit. If the permit is denied. the reissuance of permits. § 144.35 Effect of a permit. owner or operator would then be When the Director receives any (a) Except for Class II and Ш wells, required to cease the activities information (for example, inspects the compliance with a permit during its term authorized by the continued permit or be facility, receives information submitted constitutes compliance. for purposes of subject to enforcement action for by the permittee as required in the enforcement, with Part C of the SDWA. operating without a permit; permit (see § 144.51 of this chapter). However, a permit may be modified, (3) Issue a new permit under Part 124 receives a request for modification or revoked and reissued. or terminated with appropriate conditions: or revócation and reissuance under $ 124.5, during its term for cause as set forth in (4) Take other actions authorized by or conducts a review of the permit file) $144.39 and 144.40. these regulations. he or she may determine whether or not (b) The issuance of a permit does not (d) State continuation. An EPA issued one or more of the causes listed in convey any property rights of any sort, permit does not continue in force paragraphs (a) and (b) of this section for or any exclusive privilege. beyond its time expiration date under modification or revocation and (c) The issuance of a permit does not Federal law if at that time a State is the reissuance or both exist. If cause exists, authorize any injury to persons or permitting authority. A State authorized the Director may modify or revoke and property or invasion of other private to administer the UIC program may reissue the permit accordingly. subject rights, or any infringement of State or continue either EPA or State-issued to the limitations of paragraph (c) of this local law or regulations. permits until the effective date of the section, and may request an updated new permits, if State law allows. application if necessary. When a permit § 144.36 Duration of permits. Otherwise, the facility or activity is is modified, only the conditions subject (a) Permits for Class 1 and Class V operating without a permit from the time to modification are reopened. If a permit wells shall be effective for 8 fixed term of expiration of the old permit to the is revoked and reissued, the entire Federal Register Vol. 48, No. 64 / Friday, April 1, 1983 Rules and Regulations 14199 permit is reopened and subject to regulations if the remand and stay 144.41 Minor modifications of permits. revision and the permit is reissued for a concern that portion of the regulations Upon the consent of the permittee, the new term. See 1 124.5(c)(2) of this on which the permit condition was Director may modify a permit to make chapter. If cause does not exist under based and a request is filed by the the corrections or allowances for this section or § 144.41 of this chapter, permittee in accordance with I 124.5 changes in the permitted activity listed the Director shall not modify or revoke within ninety (90) days of judicial in this section, without following the and reissue the permit. If a permit remand. procedures of Part 124. Any permit modification satisfies the criteria in (4) Compliance schedules. The modification not processed as a minor $144.41 for "minor modifications" the Director determines good cause exists modification under this section must be permit may be modified without a draft for modification of a compliance made for cause and with Part 124 draft permit or public review. Otherwise, a schedule, such as an act of God, strike, permit and public notice as required in draft permit must be prepared and other flood. or materials shortage or other 144.39. Minor modifications may only: procedures in Part 124 must be followed. events over which the permittee has Ta) Correct typographical errors; (a) Causes for modification. The little or no control and for which there is (b) Require more frequent monitoring following are causes for modification. no reasonably available remedy. See or reporting by the permittee: For Class II or III wells the following also I 144.41(c) (minor modifications). (c) Change an interim compliance date may be causes for revocation and reissuance as well as modification: and (b) Causes for modification or in a schedule of compliance, provided revocation and reissuance. The the new date is not more than 120 days for all other wells the following may be cause for revocation or reissuance as following are causes to modify or, after the date specified in the existing alternatively. revoke and reissue a permit and does not interfere with well as modification when the permittee attainment of the final compliance date requests or agrees. permit: (1) Alterations. There are material and (1) Cause exists for termination under requirement: or substantial alterations or additions to I 144.40, and the Director determines (d) Allow for a change in ownership the permitted facility or activity which that modification or revocation and or operational control of a facility where the Director determines that no other occurred after permit issuance which reissuance is appropriate. justify the application of permit change in the permit is necessary, (2) The Director has received conditions that are different or absent in provided that a written agreement notification (as required in the permit. the existing permit. containing a specific date for transfer of see I 144.41(d)) of a proposed transfer of (2) Information. The Director has permit responsibility. coverage, and the permit. A permit also may be received information. Permits other than liability between the current and new modified to reflect a transfer after the for Class II and III wells may be permittees has been submitted to the effective date of an automatic transfer modified during their terms for this Director. cause only if the information was not (§ 144.38(b)) but will not be revoked and- (e) Change quantities or types of reissued after the effective date of the available at the time of permit issuance fluids injected which are within the (other than revised regulations. transfer except upon the request of the capacity of the facility 88 permitted and, guidance, or test methods) and would new permittee. in the judgment of the Director, would have justified the application of (c) Facility siting. Suitability of the not interfere with the operation of the different permit conditions at the time of facility location will not be considered facility or its ability to meet conditions issuance. For UIC area permits at the time of permit modification or described in the permit and would not ($ 144.33), this cause shall include any revocation and reissuance unless new change its classification. information indicating that cumulative information or standards indicate that a (f) Change construction requirements effects on the environment are threat to human health or the approved by the Director pursuant to unacceptable. environment exists which was unknown $ 144.52(a)(1) (establishing UIC permit (3) New regulations. The standards or at the time of permit issuance. conditions), provided that any such regulations on which the permit was alteration shall comply with the based have been changed by $ 144.40 Termination of permits. requirements of this Part and Part 146. promulgation of amended standards or (a) The Director may terminate a (g) Amend a plugging and regulations or by judicial decision after permit during its term, or deny a permit abandonment plan which has been the permit was issued. Permits other renewal application for the following updated under $ 144.52(a)(6). than for Class II or III wells may be causes: modified during their terms for this (1) Noncompliance by the permittee Subpart E-Permit Conditions cause only as follows: with any condition of the permit; (i) For promulgation of amended $ 144.51 Conditions applicable to all (2) The permittee's failure in the permits. standards or regulations, when: application or during the permit (A) The permit condition requested to The following conditions apply to all issuance process to disclose fully all be modified was based on a UIC permits. All conditions applicable relevant facts, or the permittee's promulgated Part 146 regulation: and to all permits shall be incorporated into misrepresentation of any relevant facts (B) EPA has revised. withdrawn, or the permits either expressly or by modified that portion of the regulation at any time: or reference. If incorporated by reference, on which the permit condition was (3) A determination that the permitted a specific citation to these regulations based. and activity endangers human health or the (or the corresponding approved State (C) A permittee requests modification environment and can only be regulated regulations) must be given in the permit. in accordance with I 124.5 within ninety to acceptable levels by permit (a) Duty to comply. The permittee (90) days after Federal Register notice of modification or termination; must comply with all conditions of this the action on which the request is based. (b) The Director shall follow the permit. Any permit noncompliance (ii) For judicial decisions, a court of applicable procedures in Part 124 in constitutes a violation of the Safe competent jurisdiction has remanded terminating any permit under this Drinking Water Act and is grounds for and stayed EPA promulgated section. enforcement action: for permit 14200 Federal Register / VOL 48, No. 64 / Friday. April 1, 1983 / Ruses and Regulations termination. revocation and reissument authorized representative upon the (1) Pleased changes. The permittee or modification: or for denial of a permit presentation of credentials and other shall give notice to the Director as soon renewal application: except that the documents as may be required by law, as possible of any planned physical permittee need not comply with the to: alterations or additions to the permitted provisions of this permit to the extent (1) Enter upon the permittee's facility. and for the duration such premises where a regulated facility or (2) Anticipated noncompliance. The noncompliance is authorized in an activity is located or conducted. or permittee shall give advance notice to emergency permit under 1 144.34. where records must be kept under the the Director of any planned changes in (b) Duty to reapply. If the permittee conditions of this permit; the permitted facility or activity which wishes to continue an activity regulated (2) Have access to and copy. at may result in noncompliance with by this permit after the expiration date reasonable times, any records that must permit requirements. of this permit. the permittee must apply be kept under the conditions of this (3) Transfers. This permit is not for and obtain a new permit. permit: transferable to any person except after (c) Need to halt or reduce activity not (3) Inspect at reasonable times any notice to the Director. The Director may a defense. Rt shall not be a defense for a facilities. equipment (including require modification or revocation and permittee in an enforcement action that monitoring and control equipment), reissuance of the permit to change the it would have been necessary to helt or practices, or operations regulated or name of the permittee and incorporate reduce the permitted activity in order to required under this permit; and such other requirements as may be maintain compliance with the conditions (4) Sample or monitor at reasonable necessary under the Safe Drinking of this permit. times, for the purposes of assuring Water Act. (See I 144.38; in some cases, (d) Daty to aritigate. The permittee permit compliance or as otherwise modification or revocation and shall take all reasonable steps to authorized by the SDWA. any reissuance is mandatory.) minimize or correct any adverse impact on the environment resulting from substances or parameters at any (4) Monitoring reports. Monitoring location. results shall be reported at the intervals noncompliance with this permit. (e) Proper operation and maintenance. (j) Monitoring and records. specified elsewhere in this permit. The permittee shall at all times properly (1) Samples and measurements taken (5) Compliance schedules. Reports of operate and maintain all facilities and for the purpose of monitoring shall be compliance or noncompliance with. or systems of treatment and control (and representative of the monitored activity. any progress reports on. interim and related appurtenances) which are (2) The permittee shall retain records final requirements contained in any installed or used by the permittes in of all monitoring information, including compliance schedule of this permit shall achieve compliance with the conditions the following: be submitted no later than 30 days of this permit. Proper operation and (i) Calibration and maintenance following each schedule date. maintenance includes effective recerds and all original strip chart (6) Twenty-four hour reporting The performance, adequate funding, recordings for centinuous monitoring permittee shall report any adequate operator staffing and training, instrumentation, copies of all reports noncompliance which may endanger and adequate laboratory and process required by this permit, and records of health or the environment, including: controls. including appropriate quality all data used to complete the application (i) Any monitoring or other assurance procedures. This provision for this permit, for a period of at least 3 information which indicates that any requires the operation of back-up or years from the date of the sample, contaminant may cause an auxiliary facilities or similar systems measurement, report, or application. endangerment to a USDW; or only when necessary to achieve This period may be extended by request (ii) Any noncompliance with a permit compliance with the conditions of the of the Director at any time; and condition or malfunction of the injection permit. (ii) The nature and composition of all system which may cause fluid migration (f) Permit actions. This permit may be injected fluids until three years after the into or between USDWs. modified, revoked and reissued, or completion of any plugging and Any information shall be provided terminated for cause. The filing of a abandonment procedures specified orally within 24 hours from the time the request by the permittes for a permit under $ 144.52(a)(6). The Director may permittee becomes aware of the modification, revocation and reissuance, require the owner or operator to deliver circumstances. A written submission or termination, or a notification of the records to the Director at the shall also be provided within 5 days of planned changes or anticipated conclusions of the retention period. the time the permittee becomes aware of noncompliance, does not stay any (3) Records of monitoring information the circumstances. The written permit condition. shall include: submission shall contain a description (g) Property rights. This permit does (i) The date, exact place. and time of of the noncompliance and its cause, the not convey any property rights of any sampling or measurements: period of noncompliance, including sort. or any exclusive privilege. (ii) The individual(s) who performed exact dates and times, and if the (h) Duty to provide information. The the sampling or measurements, noncompliance has not been currected. permittes shall furnish to the Director, (III) The date(s) analyses were the anticipated time it is expected to within a time specified. any information performed; continue; and steps taken or planned to which the Director may request to (iv) The individual(s) who performed reduce, eliminate. and prevent determine whether cause exists for the analyses; reoccurrence of the noncompliance modifying, revoking and reissuing, or (v) The analytical techniques or (7) Other noncompliance. The terminating this permit, or to determine methods used: and permittee shall report all instances of compliance with this permit. The (vi) The results of such analyses. noncompliance not reported under permittee shall also furnish to the (k) Signatory requirement. All paragraphs (i) (4), (5), and (6) of this Director. upon request, copies of records applications. reports. or information section, at the time monitoring reports required to be kept by this permit.' submitted to the Administrator shall be are submitted. The reports shall contain (i) Inspection and entry. The permittee signed and certified. (See $ 144.32) the information listed in paragraph (f)(8) shall allow the Director, or an (1) Reporting requirements. of this section. Federal Register / VoL 48, No. 64 / Friday,-April 1, 1983 / Rules and Regulations 14201 (8) Other information. Where the construction plans during construction may include, a condition prohibiting permittee becomes aware that it failed may be approved by the Administrator injection operations until the permittee to submit any relevant facts in a permit as minor modifications (§ 144.41). No shows to the satisfaction of the Director application. or submitted incorrect such changes may be physically under I 146.08 that the well has information in a permit application or in incorporated into construction of the mechanical integrity. any report to the Director, it shall well prior to approval of the (9) Additional conditions. The promptly submit such facts or modification by the Director. Director shall impose on a case-by-case information. (2) Corrective action as set forth in basis such additional conditions as are (m) Requirements prior to $ 144.55 and I 146.7 necessary to prevent the migration of commencing injection. Except for all (3) Operation requirements as set fluids into underground sources of new wells authorized by an area permit forth in 40 CFR Part 146; the permit shall drinking water. under I 144.33(c), 1 new injection well establish any maximum injection (b)(1) In addition to conditions may not commence injection until volumes and/or pressures necessary to required in all permits the Director shall construction is complete, and assure that fractures are not initiated in establish conditions in permits as (1) The permittee has submitted notice the confining zone, that injected fluids required on a case-by-case basis, to of completion of construction to the do not migrate Into any underground provide for and assure compliance with Director: and source of drinking water, that formation all applicable requirements of the (2)(i) The Director has Inspected or fluids are not displaced into any SDWA and Parts 144, 145, 146 and 124. otherwise reviewed the new injection underground source of drinking water, (2) For a State issued permit. an well and finds It is in compliance with and to assure compliance with the Part applicable requirement is a State the conditions of the permit; or 146 operating requirements. statutory or regulatory requirement (ii) The permittee has not received (4) Requirements for wells managing which takes effect prior to final notice form the Director of his or ber hazardous waste, as set forth in administrative disposition of the permit. intent to inspect or otherwise review the $ 144.14. For a permit issued by EPA. an new injection well within 13 days of the (5) Monitoring and reporting requirements as set forth in 40 CFR Part applicable requirement is a statutory or date of the notice in paragraph (m)(1) of 146. The permittee shall be required to regulatory requirement (including any this section, in which case prior inspection or review is waived and the identify types of tests and methods used interim final regulation) which takes permittee may commence injection. The to generate the monitoring data. effect prior to the issuance of the permit Director shall include in his notice a (6) Plugging and abandonment. Any (except as provided in $ 124.86(c) for reasonable time period in which he shall Class L II or III permit shall include, and UIC permits being processed under inspect the well. any Class V permit may include, Subparts E or F of Part 124). Section (n) The permittee shall notify the conditions to ensure that plugging and 124.14 (reopening of comment period) Director at such times as the permit abandonment of the well will not allow provides a means for reopening EPA requires before conversion or the movement of fluids either into an permit proceedings at the discretion of abandonment of the well or in the case underground source of drinking water or the Director where new requirements of area permits before closure of the from one underground source of become effective during the permitting project. drinking water to another. Applicants process and are of sufficient magnitude for a UIC permit shall submit a plan for to make additional proceedings I 144.52 Establishing permit conditions. plugging and abandonment. Where the desirable. For State and EPA (a) in addition to conditions required plan meets the requirements of this administered programs, an applicable in $ 144.51, the Director shall establish paragraph. the Director shall incorporate requirement is also any requirement conditions, as required on a case-byit into the permit as a condition. Where which takes effect prior to the case basis under 1 144.36, (duration of the Director's review of an application modification or revocation and permits). 1 144.53(a) (schedules of indicates that the permittee's plan is reissuance of a permit, to the extent compliance). I 144.54 (monitoring). and inadequate, the Director shall require allowed in $ 144.39. for EPA permits only I 144.53(b) the applicant to revise the plan, (3) New or reissued permits. and to (alternate schedules of compliance) and prescribe conditions meeting the the extent allowed under I 144.39 $ 144.4 (considerations under Federal requirements of this paragraph. or deny modified or revoked and reissued law). In addition, each permit shall the application. For purposes of this permits, shall incorporate each of the include conditions meeting the following paragraph, temporary intermittent applicable requirements referenced in requirements, when applicable. cessation of injection operations is not $ 144.52. (1) Construction requirements as set abandonment. (c) Incorporation. All permit forth in Part 146. Existing wells shall (7) Financial responsibility. The conditions shall be incorporated either achieve compliance with such permittee is required to maintain expressly or by reference. If requirements according to a compliance financial responsibility and resources to incorporated by reference. a specific schedule established as a permit close, plug. and abandon the citation to the applicable regulations or condition. The owner or operator of a underground injection operation in a requirements must be given in the proposed new injection well shall manner prescribed by the Director. The permit. submit plans for testing. drilling. and permittee must show evidence of construction as part of the permit financial responsibility to the Director 144.53 Schedule of compliance. application. Except as authorized by an by the submission of surety bond. or (a) General. The permit may, when area permit, no constuction may other adequate assurance, such as appropriate, specify a schedule of commence until a permit has been financial statements or other materials compliance leading to compliance with issued containing construction acceptable to the Director. the SDWA and Parts 144, 145, 146, and requirements (see $144.11). New wells (8) Mechanical integrity. A permit for 124. shall be in compliance with these any Class L II or III well or injection (1) Time for compliance. Any requirements prior to commencing project which lacks mechanical integrity schedules of compliance shall require injection operations. Changes in shall include, and for any Class V well compliance as soon as possible, and in 14202 Federal Register / Vol. 48, No. 64 1 Friday: April 1. 1963 / Rules and Regulations no case later than 3 years after the (II) One schedule shall lend to timely I 146.07) the Director shall require the effective date of the permit. compliance with applicable applicant to revise the plan. prescribe a (2) Interim dates Except as provided requirements; plan for corrective action as a condition in paragraph (b)(1)(iii) of this section, If a (iii) The second schedule shall lead to of the permit under paragraph (b) of this permit establishes a schedule of cessation of regulated activities by a section, or deny the application. The compliance which exceeds 1 year from date which will ensure timely Director may disregard the provisions of the date of permit issuance. the schedule compliance with applicable 146.06 (Area of Review) and $ 146.07 shall set forth interina requirements and requirements; (Corrective Action) when reviewing an the dates for their achievement. (iv) Each permit containing two application to permit an existing Class II (i) The time between interire dates schedules shall include a requirement well. shall not exceed 1 year. that after the permittee has made a final (b) Requirements- (ii) If the time becausary for decision under paragraph (b)(3)(i) of this (1) Existing injection wells. Any completion of any interim requirement is section it shall follow the schedule permit issued for an existing injection more than 1 year and is not readily leading to compliance if the decision is well [other than Class II) requiring divisible into stages for completion. the to continue conducting regulated corrective action shall include a permit shall specify interim dates for the activities. and follow the schedule compliance schedule requiring any submission of reports of progress leading to termination if the decision is corrective action accepted or prescribed toward completion of the Interies to cease conducting regulated activities. under paragraph (a) of this section to be requirements and indicate a projected (4) The applicant's or permittee's completed as soon as possible. completion date. decision to cease conducting regulated (2) New Injection wells. No owner or (3) Reporting. The permit shall be activities shall be evidenced by a firm operator of a new injection well may written to require that if paragraph (a)(1) public commitment satisfactory to the begin injection until all required of this section is applicable. progress Director, such as a resolation of the corrective action has been taken. reports be submitted no later them 30 board of directors of a corporation (3) Injection pressure limitation. The days following each interim date and I 144.54 Requirements for recording and Director may require as & permit the final date of compliance. reperting of monitoring results. condition that injection pressure be so (b) Alternative schedules of All permits shall specify: limited that pressure in the injection compliance. A permit applicant or a) Requirements concerning the zone does not exceed hydrostatic permittee may cease conducting proper use. maintenance, and pressure at the site of any improperly regulated activities (by plugging and installation, when appropriate. of completed or abandoned well within the abandonment) rather than continue to monitoring equipment or methods area of review. This pressure limitation operate and meet permit requirements (including biological monitoring shall satisfy the corrective action as follows: methods when appropriate): requirement. Alternatively, such (1) If the permittee decides to case (b) Required monitoring including injection pressure limitation can be part conducting regulated activities at a type, intervals, and frequency sufficient of a compliance schedule and last until given time within the term of & permit to yield data which are representative of all other required corrective action has which has already been issued: the monitored activity including when been taken. (i) The permit may be modified to appropriate, continuous monitoring (4) Closs III Wells Only. When setting contain a new or additional schedule (c) Applicable reporting requirements corrective action requirements the leading to timely cessation of activities; based upon the impact of the regulated Director shall consider the overall effect or activity and as specified in Part 146. of the project on the hydraulic gradient (ii) The permittee shall cease Reporting shall be no less frequent than in potentially affected USDWs. and the conducting permitted activities before specified in the above regulations. corresponding changes in potentiometric noncompliance with any interim or final surface(s) and flow direction(s) rather compliance schedule requirement I 144.56 Corrective action. than the discrete effect of each well. If a already specified in the permit. (a) Coverage. Applicants for Class 1, decision is made that corrective action (2) If the decision to case conducting II, (other the existing), or III injection is not necessary based on the regulated activities is made before well permits shall identify the location determinations above. the monitoring issuance of a permit whose term will of all known wells within the injection program required in 1 146.33(b) shall be include the termination data, the permit well's area of review which penetrate designed to verify the validity of such shall contain a schedule leading to the injection zone, or to the case of determinations. termination which will ensure timely Class II wells operating over the fracture compliance with applicable pressure of the injection formation. all requirements. known wells within the area of review (3) If the permittee is undecided penetrating formations affected by the whether to casse conducting regulated increase in pressure. For such wells activities, the Director may issue or which are improperly sealed. completed. modify a permit to contain two or abandoned. the applicant shall also schedules as follows: submit a plan consisting of such steps or (i) Both schedules shall contain an modifications as are necessary to identical interim deadline requiring a prevent movement of Buid into final decision on whether to cases underground sources of drinking water conducting regulated activities no later ("corrective action"). Where the plan is than a date which ensures sufficient adequate. the Director shall incorporate time to comply with applicable it into the permit as a condition. Where requirements in a timely manner If the the Director's review of an application decision is to continue conducting indicates that the permittee's plan is regulated activities; inadequate (based OD the factors in Part 145 is added to read as follows: PART 145-STATE UIC PROGRAM REQUIREMENTS Subpart A-General Program Requirements Sec. 145.1 Purpose and acope. 145.2 Definitions. Subpart B-Requirements for State Programs 145.11 Requirements for permitting 145.12 Requirements for compliance avaluation programs. 165.13 Requirements for enforcement authority. 145.14 Sharing of information. Federal Register an, No. as 1 Friday, April 1, 1983 y-Rules and Regulations 14203 Subpert C-State Program Submissions activities subject to the approved State (20) $ permit Sec. program. conditions): 145.21 General requirements for program (f) Any State program approved by (21) I 144.53(a)--(Schedzie of approvals. the Administrator shall at all times be compliance); 145.22 Elements of a program submission. conducted in accordance with the (22) $ 144.54-[Monitoring 145.23 Program description. 145.24 Attorney General's statement. requirements of this Part. requirements): 145.25 Memorandum of Agreement with the (g) Nothing in this Part prectudes a (23) 144.55-(Corrective Action): Regional Administrator. State from: (24) $ 124.3[a]-[Application for a (1) Adopting or enforcing permit); Subport D-Program Approval, Revision and Withdrawal requirements which are more stringent (25) 1 (d). and 10- or more extensive than these required (Modification of permits): 145.31 Approval process. 146.32 Procedures for revision of State under this Part: (26) I 124.6 (a). (c). (d), and (e)-(Draft programs. (2) Operating a program with a greater Permit): 145.33 Criteria for withdrawal of State scope of coverage then that required (27) I 124.8-IFact sheets): programs. under this Part. Where an approved (28) $ 124.10 [a)(1)(ii). (a)(1)(Hi), 145.34 Procedures for withdrawal of State State program has a greater scope of (a)(1)(v). (b). (c). (d). and (e)-(Public programs. coverage than required by Federal law notice): Authority: Pub. L 93-823, as amended by the additional coverage is not part of the (29) 1 124.11-(Public comments and Pub. L 95-190, Pub. L. 96-63 and Pub. 96- Federally approved program. requests for hearings): 502, 42 U.S.C. 300f et seq. (30) $ 124.12(a)-(Public hearings): I 145.2 Definitions. and Subpart A-General Program The definitions of Part 144 apply to all (31) 1 124.17 (a) and (c)-(Respanse to Requirements subparts of this Part. comments). $ 145.1 Purpose and scope. (b)(1) States need not implement (a) This part specifies the procedures Subpart B-Requirements for State provisions identical to the provisions EPA will follow in approving, revising. Pregrams listed in paragraphs (a) (1)-(31) of this and withdrawing State programs under section. Implemented provisions must, 145.11 Requirements for permitting. Section 1422 (undenground injection however, establish requirements at least control-UIC) of SDWA. and includes (a) All State programs under this Part as stringent as the corresponding listed the elements which must be part of must have legal authority to implement provisions. While States may impose submissions to EPA for program each of the following provisions and more stringent requirements, they may must be administered in conformance approval and the substantive provisions not make one requirement more lenient which must be present in State programs with each; except that States are not as a tradeoff for making another for them to be approved. precluded from omitting or modifying requirement more stringent: for example, (b) State submissions for program any provisions to impose more stringent by requiring that public hearings be held approval must be made in accordance requirements. prior to issuing any permit while with the procedures set out in Subpart (1) 144.9(b)-{Confidentiel reducing the amount of advance notice C. This includes developing and information): of such a hearing. submitting to EPA a program description (2) 1 144.6-{Classification of injection (2) State programs may. if they have (§ 145.23). an Attorney General's wells): adequate legal authority, implement any Statement (§ 145.24). and a (3) 1 144.7-{Identification of of the provisions of Parts 144 and 124. Memorandum of Agreement with the underground sources of drinking water See. for example $ 144.37(d) Regional Administrator (§ 145.25). and exempted aquifers): (continuation of permits) and I 124.4 (c) The substantive provisions which (4) 1 144.8-(Noncompliance (consolidation of permit processing). must be included in State programs to reporting): obtain approval include requirements (5) $ 144.11-[Prohibition of 145.12 Requirements for compliance for permitting. compliance evaluation. unauthorized injection): evaluation programs. enforcement, public participation, and (6) $ 144.12-(Probibition of (a) State programs shall have sharing of information. The movement of fluids into underground procedures for receipt, evaluation. requirements are found in Subpart B. sources of drinking water): retention and investigation for possible Many of the requirements for State (7) 1 144.13-(Elimination of Class IV enforcement of all notices and reports programs are made applicable to States wells): required of permittees and other by cross-referencing other EPA (8) 144.14-(Requirements forwells regulated persons (end for investigation regulations. In particular. many of the managing hazardous waste): for possible enforcement of failure to provisions of Parts 144 and 124 are made (9) I 144.21-3 144.26-{Authorization submit these notices and reports). applicable to States by the references by rule): (b) State programs shall have contained in $ 145.11. (10) I 144.31-{Application for a inspection and surveillance procedures (d) Upon submission of a complete permit); to determine, independent of program. EPA will conduct a public (11) $ 144.32-fSignatories): information supplied by regulated hearing. if interest is shown. and (12) 1 144.33-{Area Permits); persons, compliance or noncompliance determine whether to approve or (13) 1 144.34-(Emergency permits): with applicable program requirements. disapprove the program taking into (14) $ 144.35-(Effect of permit); The State shall maintain: consideration the requirements of this [15] $ 144.28-{Duration}: (1) A program which is capable of Part, the Sefe Drinking Water Act and (16) 1 144.38-(Permit transfer): making comprehensive surveys of all any comments received. (17) 1 144.39-(Permit modification): facilities and activities subject to the (e) Upon approval of a State program. (18) $ 144.40-(Permit termination): State Director's authority to Identify the Administrator shall suspend the (19) 144.51-{Applicable permit persons subject to regulation who have issuance of Federal permits for those conditions): failed to comply with permit application 14204 Federal Register / Vol. 48, No. 64 / Friday. April 1983 / Rules and Regulations or other program requirements. Any temporary restraining order) to stop any the penalty may be deferred or the compilation. index. or inventory of such unauthorized activity endangering public penalty may be forgiven in whole or facilities and activities shall be made health or the environment.) part, as circumstances warrant. In the available to the Regional Administrator (2)To sue in courts of competent case of a penalty for a failure to meet a upon request: jurisdiction to enjoin any threatened or statutory or final permit compliance (2) A program for periodic inspections continuing violation of any program deadline, "appropriate to the violation," of the facilities and activities subject to requirement, including permit as used in this paragraph. means a regulation. These inspections shall be conditions, without the necessity of a penalty which is equal to: conducted in a manner designed to: prior revocation of the permit, (1) An amount appropriate to redress (i) Determine compliance or (3)To assess or sue to recover in court the harm or risk to public health or the noncompliance with issued permit civil penalties and to seek criminal environment; plus conditions and other program remedies, including fines, as follows: (2) An amount appropriate to remove requirements: (i) For all wells except Class II wells, (ii) Verify the accuracy of information the economic benefit gained or to be civil penalties shall be recoverable for submitted by permittees and other gained from delayed compliance; plus any program violation in at least the regulated persons in reporting forms and (3) An amount appropriate as a amount of $2,500 per day. For Class II other forms supplying monitoring data; penalty for the violator's degree of wells, civil penalties shall be and recalcitrance, defiance, or indifference recoverable for any program violation in (iii) Verify the adequacy of sampling, to requirements of the law; plus at least the amount of $1,000 per day. monitoring. and other methods used by (ii) Criminal fines shall be recoverable (4) An amount appropriate to recover permittees and other regulated persons unusual or extraordinary enforcement in at least the amount of $5,000 per day to develop that information: costs thrust upon the public: minus against any person who willfully (3) A program for investigating violates any program requirement. or for (5) An amount. if any, appropriate to information obtained regarding Class II wells, pipeline (production) reflect any part of the noncompliance violations of applicable program and severance shall be imposable against attributable to the government itself: permit requirements; and and minus any person who willfully violates any (4) Procedures for receiving and program requirement. (6) An amount appropriate to reflect ensuring proper consideration of any part of the noncompliance caused information submitted by the public [Note.-In many States the State Director by factors completely beyond the about violations. Public effort in will be represented in State courts by the reporting violations shall be encouraged State Attorney General or other appropriate violator's control (e.g., floods, fires). legal officer. Although the State Director need [Note-In addition to the requirements of and the State Director shall make not appear in court actions he or she should this paragraph. the State may have other available information on reporting have power to request that any of the above enforcement remedies. The following procedures. actions be brought] enforcement options, while not mandatory. (c) The State Director and State (b)(1) The maximum civil penalty or are highly recommended: officers engaged in compliance Procedures for assessment by the State of evaluation shall have authority to enter criminal fine (as provided in paragraph the costs of investigations, inspections, or any site or premises subject to (a)(3) of this section) shall be assessable monitoring surveys which lead to the regulation or in which records relevant for each instance of violation and, if the establishment of violations; to program operation are kept in order violation is continuous, shall be Procedures which enable the State to to copy any records, inspect. monitor or assessable up to the maximum amount assess or to sue any persons responsible for otherwise investigate compliance with for each day of violation. unauthorized activities for any expenses (2) The burden of proof and degree of incurred by the State in removing, correcting, permit conditions and other program knowledge or intent required under or terminating any adverse effects upon requirements. States whose law requires State law for establishing violations human health and the environment resulting a search warrant before entry conform from the unauthorized activity, or both: and with this requirement under paragraph (a)(3) of this section. Procedures for the administrative (d) Investigatory inspections shall be shall be no greater than the burden of assessment of penalties by the Director.] conducted. samples shall be taken and proof of degree of knowledge or intent other information shall be gathered in a EPA must provide when it brings an (d) Any State administering a program manner (e.g., using proper "chain of action under the Safe Drinking Water shall provide for public participation in Act. the State enforcement process by custody" procedures] that will produce providing either. evidence admissible in an enforcement [Note-For example. this requirement is proceeding or in court. not met if State law includes mental state as- (1) Authority which allows an element of proof for civil violations.) intervention as of right in any civil or 145.13 Requirements for enforcement (c) Any civil penalty assessed, sought. administrative action to obtain remedies authority. or agreed upon by the State Director specified in paragraph (a) (1), (2) or (3) (a) Any State agency administering a under paragraph (a)(3) of this section of this section by any citizen having an program shall have available the shall be appropriate to the violation. A interest which is or may be adversely following remedies for violations of civil penalty agreed upon by the State affected; or State program requirements: Director in settlement of administrative (2) Assurance that the State agency or (1) To restrain immediately and or judicial litigation may be adjusted by enforcement authority will: effectively any person by order or by a percentage which represents the (i) Investigate and provide written suit in State court from engaging in any likelihood of success in establishing the responses to all citizen complaints unauthorized activity which is underlying violation(s) in such litigation. submitted pursuant to the procedures endangering or causing damage to If civil penalty, together with the costs specified in $ 145.12(b)(4): public health or environment; of expeditious compliance, would be so (ii) Not oppose intervention by any [Nota-This paragraph requires that States severely disproportionate to the citizen when permissive intervention have a mechanism (e.g., an administrative resources of the violator as to jeopardize may be authorized by statute, rule, or cease and desist order or the ability to seek a continuance in business, the payment of regulation: and Federal Register / Vol. 48, No. 61 1 Priday, April 1, 1983 1 Rules and Regulations 14205 (iii) Publish notice of and provide at accordance with the the requirements of the program on Indian lands if the State least 30 days for public comment on any this Part. does not seek this authority. proposed settlement of a State [Note-Stater which are authorized to 145.22 Elements of a program. enforcement action. administer the NPDES permit program under submission. Section 402 of CWA are encouraged to rely 145.14 Sharing of Information. on existing statetory authority. to the extent (a) Any State that seeks to administer (a) Any information obtained or used possible, to developing a State UIC program. a program under this Part shall submit Section 602(b)(1)(D) of CWA requires that to the Administrator at least three in the administration of a State program shall be available to EPA upon request INPDES States have the authority "be imme copies of a program submission. The without restriction. If the information permits which control the disposal of submission shall contain the following: has been submitted to the State under a pollutants into wells" in many instances, (1) A letter from the Governor of the therefore, APDES States will have existing claim of confidentiality. the State must State requesting program approval: statutory authority to regulate well disposal submit that claim to EPA when which satisfies the requirements of the ULC (2) A complete program description. providing information under this section. program. Note. however, that CWA excludes as required by 1 145.23, describing how Any information obtained from a State certain types of well injections from the the State intends to carry out its and subject to a claim of confidentiality definition of "pollutant" If the State's responsibilities under this Part; will be treated in accordance with the statutory authority contains a similar (3) An Attorney General's statement regulations in 40 CFR Part 2 If EPA exclusion it may meed to be modified to as required by 145.24; obtains from a State information that is qualify for UIC program approval] (4) A Memorandum of Agreement not claimed to be confidential. EPA may (d) If a State can demonstrate to with the Regional Administrator as make that information available to the EPA's satisfaction that there are no required by 1 145.25; public without further notice. underground injections within the State (5) Copies of all applicable State (b) EPA shall furnish to States with for one or more classes of injection statutes and regulations. including those approved programs the information in wells (other than Class IV wells) subject governing State administrative its files not submitted under a claim of to SDWA and that such injections procedures; confidentiality which the State needs to cannot legally occur in the State until (6) The showing required by implement its approved program. EPA the State has developed an approved $ 145.31(b) of the State's public shall furnish to States with approved program for those classes of injections. participation activities prier to program programs information submitted to EPA the State need not submit a program to submission under a claim of confidentiality, which regulate those injections and a partial (b) Within so days of receipt by EPA the State needs to implement its program may be approved. The of & State program submission. EPA will approved program, subject to the demonstration of legal prohibition shall notify the State whether its submission conditions in 40 CFR Part 2. be made by either explicitly banning is complete. If EPA finds that a State's new injections of the class not covered submission is complete. the statudory Subpart C-State Program by the State program or providing a review period (Le., the period of time Submissions certification from the State Attorney allotted for formal EPA review of a General that such new injections cannot proposed State program under the Safe $ 145.21 General requirements for legally occur until the State has Drinking Water Act) shall be deemed to program approvals. developed an approved program for that have began on the date of receipt of the (a) States shall submit to the class. The State shall submit a program State's submission. If EPA finds that a Administrator a proposed State UIC to regulate both those classes of State's submission is incomplete, the program complying with 1 145.22 of this injections for which a demonstration is statutory review period shall not begin Part within 270 days of the date of not made and class IV wells. until all the necessary information is promulgation of the UIC regulations on (e) When a State UIC program is fully received by EPA. June 24. 1980. The administrator may. for approved by EPA to regulate all classes (c) If the State's submission is good cause, extend the date inc of injections. the State assumes primary materially changed during the statutory submission of a proposed State UIC enforcement authority under Section review period, the statutory review program for up to as additional 270 1422(b)(3) of SDWA. EPA retains period shall begin again upon receipt of days. primary enforcement responsibility the revised submission. (b) States shall submit to the whenever the State program is (d) The State and EPA may extend the Administrator 6 months after the date of disapproved in whole or in part States statutory review period by agreement. promulgation of the UIC regulations a which have partially approved programs report describing the State's progress in have authority to enforce any violation 4 145.28 Program description. developing a UIC program. If the of the approved portion of their Any State that seeks to administer a Administrator extends the time for program. EPA retains authority to program under this part shall submit a submission of a UIC program an enforce violations of State underground description of the program it proposes to additional 270 days. pursuant to injection control programs. except that, administer in lieu of the Federal I 145.21(a). the State shall submit a when a State has a fully approved program under State law or under as second report six months after the first program. EPA will not take enforcement interstate compect. The program report is due The Administrator may actions without providing prior notice to description shall include: prescribe the manner and form of the the State and otherwise complying with (a) A description in narrative form of report. Section 1423 of SDWA. the scope, structure. coverage and (c) EPA will establish a UIC program (f) A State can assume primary processes of the State program. in any State which does not comply with enforcement responsibility for the UIC (b) A description (including paragraph (a) of this section. EPA will program. notwithstanding $ 145.21(3). organization cherts) of the organization continue to operate a UIC program in when the State program is unable to and structure of the State agency or such a State until the State receives regulate activities - Indian lands agencies which will have responsibility approval of a UIC programs in within the State. EPA will administer for administering the program, including 14206 Federal Register / Vol. 48, No. 64 / Friday, April 1, 1983 / Rules and Regulations the information listed below. If more to all injection wells within the State of the State, or an interstate compact, than one agency is responsible for which are required to have permits provide adequate authority to carry out administration of a program, each under this Part and Part 144; the program described under I 145.23 agency must have statewide jurisdiction (2) The priorities (according to criteria and to meet the requirements of this over a class of activities. The set forth in 40 CFR 146.09) for issuing Part. This statement shall include responsibilities of each agency must be permits, including the number of permits citations to the specific statutes, delineated. their procedures for in each class of injection well which will administrative regulations, and, where coordination set forth, and an agency be issued each year during the first five appropriate, judicial decisions which may be designated as a "lead agency" to years of program operation: demonstrate adequate authority. State facilitate communications between EPA (3) A description of how the Director statutes and regulations cited by the and the State agencies having program will implement the mechanical integrity State Attorney General or independent responsibility. When the State proposes testing requirements of 40 CFR 146.06, legal counsel shall be in the form of to administer a program of greater scope including the frequency of testing that lawfully adopted State statutes and of coverage than is required by Federal will be required and the number of tests regulations at the time the statement is law. the information provided under this that will be reviewed by the Director signed and shall be fully effective by the paragraph shall indicate the resources each year; time the program is approved. To qualify dedicated to administering the Federally (4) A description of the procedure as "independent legal counsel" the required portion of the program. whereby the Director will notify owners attorney signing the statement required (1) A description of the State agency and operators of injection wells of the by this section must have full authority staff who will carry out the State requirement that they apply for and to independently represent the State program, including the number, obtain a permit. The notification agency in court on all matters pertaining occupations, and general duties of the required by this paragraph shall require to the State program. employees. The State need not submit applications to be filed as 8008 as complete job descriptions for every possible, but not later than four years [Note-EPA will supply States with an employee carrying out the State after program approval for all Injection Attorney General's statement formation request.] program. wells requiring a permit; (2) An itemization of the estimated (5) A description of any rule under (b) When a State seeks authority over costs of establishing and administering which the Director proposes to authorize activities on Indian lands. the statement the program for the first two years after injections, including the text of the rule; shall contain an appropriate analysis of approval. including cost of the personnel (6) For any existing enhanced the State's authority. listed in paragraph (b)(1) of this section, recovery and hydrocarbon storage wells $ 145.25 Memorandum of Agreement with cost of administrative support, and cost which the Director proposes to authorize the Regional Administrator. of technical support. by rule, a description of the procedure (3) An itemization of the sources and (a) Any State that seeks to administer for reviewing the wells for compliance amounts of funding. including an a program under this Part shall submit a with applicable monitoring. reporting, estimate of Federal grant money, Memorandum of Agreement. The construction. and financial available to the State Director for the Memorandum of Agreement shall be responsibility requirements of II 144.51 first two years after approval to meet executed by the State Director and the and 144.52, and 40 CFR Part 146; the costs listed in paragraph (b)(2) of Regional Administrator and shall (7) A description of and schedule for this section. identifying any restrictions the State's program to establish and become effective when approved by the or limitations upon this funding. Administrator. In addition to meeting maintain a current inventory of injection (c) A description of applicable State the requirements of paragraph (b) of this wells which must be permitted under procedures. including permitting State law; section, the Memorandum of Agreement procedures and any State administrative may include other terms. conditions, or (8) Where the Director had designated or judicial review procedures. agreements consistent with this Part and underground sources of drinking water (d) Copies of the permit form(s). relevant to the administration and in accordance with I 144.7[a], a application form(s), reporting form(s). description and Identification of all such enforcement of the State's regulatory and manifest format the State intends to program. The Administrator shall not designated sources in the State: employ in its program. Forms used by (9) A description of aquifers. or parts approve any Memorandum of States need not be identical to the forms thereof, which the Director has Agreement which contains provisions used by EPA but should require the identified under & 144.7(b) as exempted which restrict EPA's statutory oversight same basic information. The State need aquifers, and a summary of supporting responsibility. not provide copies of uniform national data: (b) The Memorandum of Agreement forms it intends to use but should note (10) A description of and schedule for shall include the following: its intention to use such forms. the State's program to ban Class IV (1) Provisions for the prompt transfer [Note.-States are encouraged to use wells prohibited under $ 144.13; and from EPA to the State of pending permit uniform national forms established-by the (11) A description of and schedule for applications and any other information Administrator. If uniform national forms are the State's program to establish an relevant to program operation not used. they may be modified to include the inventory of Class V wells and to assess already in the possession of the State State Agency's name, address. logo, and the need for a program to regulate Class Director (e.g., support files for permit. other similar information, as appropriate. in V wells. issuance. compliance reports. etc.). place of EPA's] When existing permits are transferred (e) A complete description of the I 145.24 Attorney General's statement. from EPA to State for administration. State's compliance tracking and (a) Any State that seeks to administer the Memorandum of Agreement shall enforcement program. a program under this Part shall submit e contain provisions specifying a (f) A State UIC program description statement from the State Attorney procedure for transferring the shall also include: General (or the attorney for those State administration of these permits. If a. (1) A schedule for issuing permits or interstate agencies which have State lacks the authority to directly within five years after program approval independent legal counsel) that the laws administer permits issued by the Federal Federal Register Vol. 48, No. 64 Friday, April 1, 1983 / Rules and Regulations 14207 government. a procedure may be Subpert D-Program Approval, may require persons wishing to present established to transfer responsibility for Revision and Withdrawal testimony to file a request with the these permits. Regional Administrator, who may $145.81 Approval process. [Note-For example. EPA and the State cancel the public hearing If sufficient and the permittee could agree that the State (a) Prior to submitting an application public interest in a hearing is not would issue a permit(s) identical to the to the Administrator for approval of a expressed: outstanding Federal permit which would State UIC program, the State shall issue (2) Afford the public 30 days after the simultaneously be terminated.] public notice of its intent to adopt a UIC notice to comment on the State's (2) Provisions specifying classes and program and to seek program approval submission: and categories of permit applications, draft from EPA. This public notice shall: (3) Note the availability of the State permits, and proposed permits that the (1) Be circulated in a manner submission for inspection and copying calculated to attract the attention of State will send to the Regional by the public. Administrator for review, comment and, interested persons. Circulation of the public notice shall include publication in (d) The Administrator shall approve where applicable, objection. enough of the largest newspapers in the State programs which conform to the (3) Provisions specifying the frequency State to attract Statewide attention and applicable requirements of this Part. and content of reports, documents and other information which the State is mailing to persons on appropriate State (e) Within 90 days of the receipt of a complete submission (as provided in required to submit to EPA. The State mailing lists and to any other persons shall allow EPA to routinely review whom the agency has reason to believe I 145.22) or material amendment thereto, are interested; the Administrator shall by rule either State records. reports, and files relevant (2) Indicate when and where the fully approve, disapprove, or approve in to the administration and enforcement State's proposed program submission part the State's UIC program taking into of the approved program. State reports may be reviewed by the public: account any comments submitted. The may be combined with grant reports (3) Indicate the cost of obtaining a Administrator shall give notice of this where appropriate. copy of the submission: rule in the Federal Register and in (4) Provisions on the State's (4) Provide for a comment period of accordance with paragraph (a)(1) of this compliance monitoring and enforcement not less than 30 days during which section. If the Administrator determines program. including: interested persons may comment on the not to approve the State program or to (i) Provisions for coordination of proposed UIC program: approve It only in part, the notice shall compliance monitoring activities by the (5) Schedule a public hearing on the include a concise statement of the State and by EPA. These may specify State program for no less than 30 days reasons for this determination. A the basis on which the Regional after notice of the hearing is published; responsiveness summary shall be Administrator will select facilities or (6) Briefly outline the fundamental prepared by the Regional Office which activities within the State for EPA aspects of the State UIC program: and Identifies the public participation inspection. The Regional Administrator (7) Identify a person that an interested activities conducted. describes the will normally notify the State at least 7 member of the public may contact for matters presented to the public, days before any such inspection: and further information. summarizes significant comments (ii) Procedures to assure coordination (b) After complying with the received. and explains the Agency's of enforcement activities. requirements of paragraph (a) of this response to these comments. The (5) When appropriate, provisions for section any State may submit a responsiveness summary shall be sent joint processing of permits by the State proposed UIC program under section to those who testified at the public and EPA, for facilities or activities 1422 of SDWA and I 145.22 of this Part hearing, and to others upon request. which require permits from both EPA to EPA for approval. Such a submission and the State under different programs. shall include a showing of compliance 1 145.32 Procedures for revision of State See I 124.4. with paragraph (a) of this section; copies programs. (6) Provisions for modification of the of all written comments received by the (a) Either EPA or the approved State Memorandum of Agreement in State: a transcript, recording or may initiate program revision. Program accordance with this Part. summary of any public hearing which revision may be necessary when the (c) The Memorandum of Agreement. was held by the State: and a controlling Federal or State statutory or the annual program and grant and the responsiveness summary which regulatory authority is modified or State/EPA Agreement should be identifies the public participation supplemented. The state shall keep EPA consistent. If the State/EPA Agreement activities conducted, describes the fully informed of any proposed indicates that a change is needed in the matters presented to the public, modifications to its basic statutory or Memorandum of Agreement. the summarizes significant comments regulatory authority, its forms, Memorandum of Agreement may be received, and responds to these procedures, or priorities. amended through the procedures set comments. A copy of the responsiveness (b) Revision of a State program shall forth in this part. The State/EPA summary shall be sent to those who be accomplished as follows: Agreement may not override the testified at the hearing. and others upon (1) The State shall submit a modified Memorandum of Agreement. request. program description, Attorney General's [Note.-Detailed program priorities and (c) After determining that a State's statement, Memorandum of Agreement, specific arrangements for EPA support of the submission for UIC program approval is or such other documents as EPA State program will change and are therefore complete the Administrator shall issue determines to be necessary under the more appropriately negotiated in the context public notice of the submission in the circumstances. of annual agreements rather than in the MOA. However, it may still be appropriate to Federal Register and in accordance with (2) Whenever EPA determines that the specify in the MOA the basis for such paragraph (a)(1) of this section. Such proposed program revision is detailed agreements, e.g., a provision in the notice shall: substantial, EPA shall issue public MOA specifying that EPA will select facilities (1) Indicate that a public hearing will notice and provide an opportunity to in the State for inspection annually as part of be held by EPA no earlier than 30 days comment for a period of at least 30 days. the State/EPA agreement.] after notice of the hearing. The notice The public notice shall be mailed to 14288 Federal Register 48, No. 64 / Friday. April w 1983 and Regulations interested persons and shall be (2) Whom the operation of the State program is not in compliance with the published in the Federal Register and in program fails to comply with the requirements of SDWA and this Part. enough of the largest newspapers in the requirements of this Part including: (1) Notice to State of Public Hearing. State to provide Statewide coverage. (i) Failure to exercise control over If the Administrator has cause to believe The public notice shall summarize the activities required to be regulated under that a State is not administering or proposed revisions and provide for the this Part. including failure to issue enforcing its authorized program in opportunity to request a public hearing. permits compliance with the requirements of Such a hearing will be held is there if (iii) Repeated issuance of permits SDWA and this Part. he or she shall significant public interest based on which do not conform to the inform the State by registered mail of requests received. requirements of this Part or the specific areas of alleged (3) The Administrator shall approve or (iii) Failure to comply with the public noncompliance. If the State disapprove program revisions based on participation requirements of this Part. demonstrates to the Administrator the requirements of this Part and of the (3) When the State's enforcement within 30 days of such notification that Safe Drinking Water Act. program fails to comply with the the State program is in compliance. the (4) A program revision shall become requirements of this Part. including Administrator shall take no further effective upon the approval of the (i) Failure to act on violations of action toward withdrawal and shall so Administrator. Notice of approval of any permits or other program requirements: notify the State by registered mail. substantial revision shall be published (ii) Failure to seek adequate (2) Public Hearing. If the State has not in the Federal Register. Notice of enforcement penalties or to collect demonstrated its compliance to the approval of non-substantial program administrative fines when imposed: or satisfaction of the Administrator within revisions may be given by a letter from (iii) Failure to inspect and monitor 30 days after notification. the the Administrator to the State Governor activities subject to regulation. Administrator shall inform the State or his designee. (4) When the State program fails to Director and schedule a public hearing (c) States with approved programs comply with the terms of the to discuss withdrawal of the State shall notify EPA whenever they propose Memorandum of Agreement required program. Notice of such public hearing to transfer all or part of any program under I 145.24. shall be published in the Federal from the approved State agency to any other State agency, and shall identify I 145.34 Procedures for withdrawal of Register and in enough of the largest State programs. newspapers in the State to attract any new division of responsibilities (a) A State with a program approved statewide attention, and mailed to among the agencies involved. The new under this Part may voluntarily transfer persons on appropriate State and EPA agency is not authorized to administer the program until approval by the program responsibilities required by mailing lists. This hearing shall be Federal law to EPA by taking the convened not less than 60 days nor more Administrator under paragraph (b) of this section. Organizational charts following actions, or in such other than 75 days following the publication of manner as may be agreed upon with the the notice of the hearing. Notice of the required under 4 145.23(b) shall be revised and resubmitted. Administrator. hearing shall identify the (d) Whenever the Administrator has (1) The State shall give the Administrator's concerns. AB interested reason to believe that circumstances Administrator 180 days notice of the persons shall be given opportunity to proposed transfer and shall submit a make written or oral presentation on the have changed with respect to a State plan for the orderly transfer of all State's program at the public hearing. program. he may request. and the State relevant program information not in the (3) Notice to State of Findings. When shall provide, a supplemental Attorney General's statement, program possession of EPA (such as permits. the Administrator finds after the public description. or such other documents or permit files. compliance files, reports, hearing that the State is not in information as are necessary. permit applications) which are compliance. be or she shall notify the (e) The State shall submit the necessary for EPA to administer the State by registered mail of the specific information required under paragraph program. deficiencies in the State program and of (2) Within 80 days of receiving the necessary remedial actions. Within 90 (b)(1) of this section within 270 days of notice and trensfer plan, the days of receipt of the above letter. the any amendment to this Part or 40 CFR Parts 144, 148, or 124 which revises or Administrator shall evaluate the State's State shall either carry out the required transfer plan and shall identify any remedial action or the Administrator" adds any requirement respecting an approved UIC program. additional information needed by the shall withdraw program approval. If the Federal government for program State carries out the remedial action or, I 145.33 Criteria for withdrawal of State administration and/or identify any other as a result of the hearing is found to be programs. deficiencies in the plan. in compliance. the Administrator shall (a) The Administrator may withdraw (3) At least 30 days before the transfer so notify the State by registered mail program approval when a State program is to occur the Administrator shall and conclude the withdrawal no longer complies with the publish notice of the transfer in the proceedings. requirements of this Part. and the State Federal Register and in enough of the fails to take corrective action. Such largest newspapers in the State to circumstances include the following: provide Statewide coverage. and shall (1) When the State's legal authority no mail notice to all permit holders, permit longer meets their requirements of this applicants. other regulated persons and Part, including: other interested persons OR appropriate (i) Failure of the State to promulgate EPA and State mailing lists. or enact new authorities when (b) Approval of a State UIC program necessary: or may be withdrawn and a Federal (ii) Action by a State legislature or program established in its place when court striking down or limiting State the Administrator determines. after authorities. holding a public hearing. that the State S-620 132:0451 ENVIRONMENTAL PROTECTION AGENCY CRITERIA AND STANDARDS FOR THE UNDERGROUND INJECTION CONTROL PROGRAM (40 CFR 146; 45 FR 42500, June 24, 1980, Effective July 24, 1980; 46 FR 43160, August 27, 1981; 47 FR 4998, February 3, 1982; 47 FR 32129, July 26, 1982) PART 146-UNDERGROUND Authority: Secs. 1421. 1422. 1423, 1431, 1445. Abandoned well means a well whose INJECTION CONTROL PROGRAM: 1447, and 1450 of the Safe Drinking Water use has been permanently discontinued CRITERIA AND STANDARDS Act. as amended. 42 U.S.C. 300(f) et. seq. or which is in a state of disrepair such that it cannot be used for its intended Subpart A-General Provisions Subpart A-General Provisions purpose or for observation purposes. Sec. Administrator means the 146.01 Applicability and scope. I 146.01 Applicability and scope. Administrator of the United States 146.02 Law authorizing these regulations. (a) This Part sets forth technical Environmental Protection Agency. or an 146.03 Definitions. criteria and standards for the authorized representative. 146.04 Criteria for exempted aquifers. 146.05 Classification of injection wells. Underground Injection Control Program. Application means the EPA standard 146.06 Area of review. This part should be read in conjunction national forms for applying for a permit, 146.07 Corrective action. with 40 CFR Parts 122. 123. and 124 including any additions, revisions or 146.08 Mechanical integrity. which also apply to UIC programs. 40 modifications to the forms: or forms 146.09 Criteria for establishing permitting CFR Part 122 defines the regulatory approved by EPA for use in approved priorities. to framework of EPA administered permit States, including any approved 146.10 Plugging and abandoning Class I-III programs. 40 CFR Part 123 describes the modifications or revisions. For RCRA wells. elements of an approvable State application also includes the Subpart B-Criteria and Standards program and procedures for EPA information required by the Director Applicable to Class I Wells approval of State participation in the under $ 122.25 (contents of Part B of the 146,11 Applicability. permit programs. 40 CFR Part 124 RCRA application). 146.12 Construction requirements. describes the procedures the Agency Aquifer means a geological formation, 146.13 Operating. monitoring and reporting will use for issuing permits under the group of formations. or part of a requirements. covered programs. Certain of these formation that is capable of yielding a 146.14 Information to be considered by the procedures will also apply to Statesignificant amount of water to a well or Director. administered programs as specified in 40 spring. 146.15 Mid course evaluation requirements. CFR Part 123. Area of review means the area (b) Upon the approval. partial surrounding an injection well Subpart C-Criteria and Standards described according to the criteria set- Applicable to Class II Wells approval or promulgation of a State UIC forth in $146.06 or in the case of an 146.21 Applicability. program by the Administrator, any area permit, the project area plus a 146.22 Construction requirements. underground injection which is not circumscribing area the width of 146.23 Operating. monitoring. and reporting authorized by the Director by rule or by which is either 1/4 of a mile or a requirements. permit is unlawful. number calculated according to the 146.24 information to be considered by the criteria set forth in: $146.06. director. $ 146.02 Law authorizing these [Amended by 46 FR 43160, August 27, 146.25 Mid course evaluation requirements. regulations. 1981] Subpert D-Criteria and Standards The laws authorizing these regulations Casing means a pipe or. tubing of Applicable to Class III Wells and all other UIC program regulations appropriate material, or varying 146.31 Applicability. are referenced in 40 CFR part 122. They diameter and weight, lowered into a 146.32 Construction requirements. include Sections 1421. 1422. 1423, 1431, borehole during or after drilling in 146.33 Operating. monitoring and reporting 1445, 1447 and 1450 of the Public Health order to support the sides of the hole requirements. Service Act as amended by the Safe and thus prevent the walls from 146.34 Information to be considered by the Drinking Water Act ("SDWA") (Pub. L caving, to prevent loss of drilling mud Director. 93-523) and by the SDWA Amendments into porous ground. or to prevent 146.35 Mid course evaluation requirements. of 1977 (Pub. L 95-190). water, gas, or other fluid from Subpart E-Criteria and Standards entering or leaving the hole. Applicable to Class IV Injection Wells [Amended by 46 FR 43150, August 27, $146.03 Definitions. 1981] Subpart F-Criteria and Standards [Amended by 46 FR 43160, August 27, Catastrophic collapse means the Applicable to Class V Injection Wells 1981] sudden and utter failure of overlying 146.51 Applicability. The following definitions apply to the "strata" caused by removal of 146.52 Inventory and Assessment. underground injection control program. underlying materials. (Sec. 146.03] 9-10-82 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. WASHINGTON. D.C. 20037 151 132:0452 FEDERAL REGULATIONS Cementing means the operation fill activity, or any other facility or not include RCRA interim status whereby a cement slurry is pumped into activity (including land or (§ 122.23). UIC authorization by rule a drilled hole and/or forced behind the appurtenances thereto) that is subject to (§ 122.37). or any permit which has not casing. regulation under the RCRA, UIC. yet been the subject of final agency Confining bed means a body of NPDES. or 404 programs. action. such as a "draft permit" or a impermeable or distinctly less Fault means a surface or zone of rock "proposed permit." permeable material stratigraphically fracture along which there has been Plugging means the act or process of adjacent to one or more aquifers. displacement. stopping the flow of water. oil, or gas in Confining zone means a geological Flow rate means the volume per time "formations" penetrated by a borehole formation. group of formations, or part unit given to the flow of gases or other or "well." of a formation that is capable of limiting fluid substance which emerges from an Plugging means the act or process of fluid movement above an injection zone. orifice. pump, turbine or passes along a stopping the flow of water, oil or gas Contaminant means any physical. conduit or channel. into or out of a formation through a chemical, biological, or radiological Fluid means material or substance borehole or well penetrating that substance or matter in water. which flows or moves whether in a formation. Conventional mine means an open pit semisolid. liquid. sludge, gas, or any [Amended by 46 FR 43160, August 27, or underground excavation for the other form or state. 1981] production of minerals. Formation means a body of rock Pressure means the total load or characterized by a degree of lithologic [Added by 47 FR 4998, February 3. [982] force per unit area acting on a surface. homogeneity which is prevailingly, but Director means the Regional not necessarily, tabular and is mappable Project means a group of wells in a sin- Administrator or the State Director, as on the earth's surface or traceable in the gle operation. the context requires. or an authorized subsurface. [Added by 47 FR 4998, February 3, 1982] representative. When there is no Formation fluid means "fluid" present Radioactive Waste means any waste approved State program. and there is an in a "formation" under natural which contains radioactive material in EPA administered program. "Director" conditions as opposed to introduced concentrations which exceed those means the Regional Administrator. fluids. such as drilling much listed in 10 CFR Part 20, Appendix B, When there is an approved State Generator means any person. by site Table II column 2. program. "Director" normally means the location. whose act or process produces [Amended by 46 FR 43160, August 27, State Director. In some circumstances, hazardous waste identified or listed in 1981] however. EPA retains the authority to 40 CFR Part 261 RCRA means the Solid Waste take certain actions even where there is Ground water means water below the Disposal Act as amended by the an approved State program. (For land surface in a zone of saturation. Resource Conservation and Recovery example, when EPA issued an NPDES Hazardous waste means a hazardous Act of 1976 (Pub. L 94-580, as amended permit prior to the approval of & State waste as defined in 40 CFR 261.3. by Pub. L 95-609, 42 U.S.C. 6901 et seq.) program. EPA may retain jurisdiction Hazardous Waste Management over that permit after program approval. SDWA means the Safe Drinking facility ("HWM facility") means all see $ 123.69.) In such cases. the term Water Act (Pub. 95-523. as amended contiguous land. and structures. other "Director" means the Regional: by Pub. L 95-190, 42 U.S.C. 300(f) et appurtenances, and improvements on Administrator and not the State seq.). Director. the land used for treating, storing. or Site means the land or water area Disposal well means a well used for disposing of hazardous waste. A facility where any facility or activity is the disposal of waste into 8 subsurface may consist of several treatment, physically located or conducted. stratum. storage, or disposal operational units including adjacent land used in Effective date of a UIC program (for example, one or more landfills, connection with the facility or activity. means the date that a State UIC surface impoundments, or combination Sole or principal source acquifer program is approved or established by of them)- means an aquifer which has been the Administrator. HWM facility means "Hazardous designated by the Administrator Environmental Protection Agency Waste Management facility.' pursuant to sections 1424 (a) or (e) of the ("EPA") means the United States Injection well means a "well" into SDWA. Environmental Protection Agency. which "fluids" are being injected. State-Director means the chief EPA means the United States Injection zone means a geological administrative officer of any State or "Environmental Protection Agency." "formation", group of formations, or part interstate agency operating an approved Exempted acquifer means an aquifer of a formation receiving fluids through a program. or the delegated representative or its portion that meets the criteria in well. of the State Director. If responsibility is the definition of "underground source of Lithology means the description of divided among two or more State or drinking water" but which has been rocks on the basis of their physical and interstate agencies. "State Director" exempted according to the procedures of chemical characteristics. means the chief administrative officer of $ 122.35(b). Owner or operator means the owner the State or interstate agency authorized Existing injection well means an or operator of any facility or activity to perform the particular procedure or "injection well" other than a "new subject to regulation under the RCRA function to which reference is made. injection well." UIC, NPDES. or 404 programs. Stratum (plural strata) means a single Experimental technology means a tech- Packer means a device lowered into a sedimentary bed or layer. regardless of well to produce a fluid-tight seal. thickness. that consists of generally the nology which has not been proven feasible same kind of rock material. under the conditions in which it is being [Revised by 47 FR 4998, February 3, 1982] Subsidence means the lowering of the tested. Permit means an authorization. natural land surface in response to: [Added by 47 FR 4998, February 3, 1982] license. or equivalent control document Earth movements; lowering of fluid Facility or activity means any "HWM issued by EPA or an "approved State" to pressure; removal of underlying facility," UIC "Injection well," NPDES implement the requirements of this part supporting material by mining or "point source." or State 404 dredge and and Parts 122, 123 and 124. Permit does solution of solids. either artificially or Environment Reporter [Sec. 146.03] 152 S-620 INJECTION WELLS CRITER 132:0453 from natural causes: compaction due to (b) It cannot now and will not in the (2) For enhanced recovery of oil or wetting (Hydrocompaction): oxidation of future serve as a-source of drinking natural gas; and organic matter in soils; or added load on water because: (3) For storage of hydrocarbons which the land surface. (1) It is mineral. hydrocarbon or are liquid at standard temperature and Surface casing means the first string geothermal energy producing, or can be pressure. of well casing to be installed in the well. demonstrated by a permit applicant as Total dissolved solids ("TDS") means part of a permit application for a Class II (c) Class III. Wells which inject for. or III operation to contain minerals or extraction of minerals including: the total dissolved (filterable) solids as determined by use of the method hydrocarbons that considering their [146.05(c) amended by 47 FR 4998, specified in 40 CFR Part 136. quantity and location are expected to be February 3, 1982] commercially producible. UIC means the Underground Injection (1) Mining of sulfur by the Frasch Control program under Part C of the [146.04(b)(1) revised by 47 FR 4998, process; Safe Drinking Water Act. including an February 3, 1982] (2) In situ production of uranium or "approved program." (2) It is situated at a depth or location other metals. This category includes Underground injection means a "well which makes recovery of water for only in-situ production from ore injection." drinking water purposes economically bodies which have not been Underground source of drinking water or technologically impractical: conventionally mined. Solution mining (USDW) means an aquifer or its portion: (3) It is SO contaminated that it would of conventional mines such as stopes. (1)(i) Which supplies any public water be economically ot technologically leaching is included in Class V. system: or impractical to render that water fit for [146.05(c)(2) revised by 46 FR 43160, human consumption; or August 27, 1981] (ii) Which contains a sufficient quantity of ground water to supply a (4) It is located over a Class III well (3) Solution mining of salts or public water system: and mining area subject to subsidence or potash. [New 146.05(c)(3) added and former (A) Currently supplies drinking water catastrophic collapse: OF (3), (4) redesignated as (4), (5) by 46 FR for human consumption: or [146.04(b)(4) amended by 47 FR 4998, 43160, August 27, 1981] (B) Contains fewer than 10,000 mg/1 February 3, 1982] (4) [Removed] total dissolved solids: and (c). The Total Dissolved Solids content (2) Which is not an exempted aquifer. 146.05(c)(4) removed by 47 FR 4998, of the ground water is more than 3,000 February 3, 1982] (Revised by 47 FR 4998, February 3, 1982] and less than 10.000 mg/l and it is not reasonably expected to supply a public (5) [Removed] USDW means "underground source of water system. drinking water." [146.05(c)(5) removed by 47 FR 4998, [146.04(c) added bye 47 FR: 4998 Well means a bored, drilled or driven February 3, 1982] shaft, or a dug hole, whose depth is February 3, 1982] our ADM: (d) Class IV greater than the largest surface (1) Wells used by generators of dimension. hazardous waste or of radioactive Well injection means the subsurface $ 146.05 Classification of Injection wells. waste. by owners or operators of emplacement of fluids through a bored, Injection wells are classified as hazardous waste management facilities. drilled or driven well; or through a dug follows: or by owners or operators of radioactive well, where the depth of the dug well is (a) Class 1. (1) Wells used by generawaste disposal sites to dispose of greater than the largest surface tors of hazardous waste or owners or hazardous waste or radioactive waste dimension. operators of hazardous waste management into a formation which within one Well plug means a watertight and facilities to inject hazardous waste bequarter (1/4) mile of the well contains an gastight seal installed in a borehole or neath the lowermost formation containing, underground source of drinking water. well to prevent movement of fluids. within one quarter (1/4) mile of the well (2) Wells used by generators of Well stimulation means several bore, an underground source of drinking hazardous waste or of radioactive processes used to clean the well bore. waste, by owners or operators of water. enlarge channels, and increase pore hazardous waste management space in the interval to be injected thus [146.05(a)(1) revised by 47 FR 4998, facilities, or by owners or operators of making it possible for wastewater to February 3, 1982] radioactive waste disposal sites to move more readily into the formation, (2) Other industrial and municipal dispose of hazardous waste or and includes (1) surging, (2) jetting. (3) disposal wells which inject fluids radioactive waste above a formation blasting. (4) acidizing, (5) hydraulic beneath the lowermost formation which within one quarter (1/4) mile of the fracturing. containing. within one quarter mile of well contains an underground source of Well monitoring means the the well bore. an underground source of drinking water. measurement, by on-site instruments or drinking water. (3) Wells used by generators of laboratory methods, of the quality of (b) Class II. Wells which inject fluids: hazardous waste or owners or operators water in a well. (1) Which are brought to the surface in of hazardous waste management $ 146.04 Criteria for exempted aquifers. connection with conventional oil or facilities to dispose of hazardous waste, which cannot be classified under An aquifer or a portion thereof which natural gas production and may be meets the criteria for an "underground commingled with waste waters from gas 146.05(a)(1) or 146.05(d) (1) and (2) source of drinking water" in $ 146.03 plants which are an integral part of (e.g., wells used to dispose of hazardous wastes into or above a formation which may be determined under 40 CFR 122.35 production operations, unless those waters are classified as a hazardous contains an aquifer which has been to be an "exempted aquifer" if it meets waste at the time of injection. exempted pursuant to $ 146.04). the following criteria: (a) It does not currently serve as a [146.05(b)(1) revised by 47 FR 4998, [146.05(d) revised by 47 FR 4998, source of drinking water. and February 3, 1982] February 3, 1982] [Sec. 146.05(d)(3)] 9-10-82 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., WASHINGTON, D.C. 20037 153 132:0454 FEDERAL REGULATIONS (e) Class V-Injection wells not (13) Wells used for solution mining of *Thickness of the Injection zone (length) included in Class I. II. III, or IV. Class V conventional mines such as stopes leaching; t=Time of injection (time) wells include: [146.05(e)(14) and (15) added by 46 FR. S=Storage coefficient (dimensionless) [146.05(e) amended by 47 FR 4998, 43160, August 27, 1981) Q=Injection rate (volume/time) (14) Wells used to inject spent brine into February 3, 1982] the same formation from which it was Observed original hydrostatic head of [1] Air conditioning return flow wells used withdrawn after extraction of halogens or injection zone (length) measured from their salts; the base of the lowermost underground to return to the supply aquifer the water used (15) Injection wells used in experimental source of drinking water for heating or cooling in a heat pump: technologies Hydrostatic head of underground source (2) Cesspools including multiple dwelling. community or regional (16) Injection wells used for in situ of drinking water (length) measured from recovery of lignite, coal. tar sands, and the base of the lowest underground cesspools. OF other devices that receive source of drinking water oil shale. wastes which have an open bottom and S,C,=Specific gravity of fluid in the injection sometimes have perforated sides. The [146.05(e)(16) added by 47 FR 4998, zone (dimensionless) UIC requirements do not apply, to single February 3, 1982] w=3.142 (dimensioniess) family residential cesspools nor to non- 146.06 Area of Review. The above equation is based on the residential cesspools which receive The area of review for each injection following assumptions: solely sanitary wastes and have the capacity to serve fewer than 20 persons well or each field. project or area of the (i) The injection zone is homogenous a day. State shall be determined according to and isotropic; either paragraph (a) or (b) of this (ii) The injection zone has infinite [146.05(e)(2) revised by 47 FR 4998, section. The Director may solicit input area extent: February 3, 1982] from the owners or operators of (iii) The injection well penetrates the (3) Cooling water return flow wells used to injection wells within the State as to entire thickness of the injection zone; inject water previously used for cooling; which method is most appropriate for (iv) The well diameter is (4) Drainage wells used to drain surface each geographic area or field infinitesimal compared to "I" when fluid. primarily storm runoff. into 8 (146.06(a) and (b): revised by 46 FR injection time is longer than a few subsurface formation: 43160, August 27, 1981] minutes; and (5) Dry wells used for the injection of wastes into a subsurface formation: (a) Zone of endangering influence. (v) The emplacement of fluid into the (6) Recharge wells used to replenish the (I) The zone of endangering influence injection zone creates instantaneous water in an aquifer: shall be? increase in pressure. (7) Salt water intrusion barrier wells used (i) In the case of application(s) for (b) Fixed Radius: (1) In the case of to inject water into a fresh water aquifer to well permit(s) under $122.38 that application(s) for well permit(s) under prevent the intrusion of saltwater into the the radius which is the lateral distance $122.38 a fixed radius around the well fresh water, in which the pressures in the injection of not less than one-fourth (1/4) mile (8) Sand backfill and other backfill wells zone may cause the migration of the may be used used to inject 8 mixture of water and sand. injection and/or formation fluid into mill tailings or other solids into mined out (2) In the case of an application for an underground source of drinking portions of subsurface mines whether what an area permit under $122.39 a fixed water: or is injected. is. a radioactive waste or not width of not less than one-fourth (1/4) [146.05(e)(8) amended by 46 FR 43160 (II) In the case of an application for mile for the circumscribing area may August 27 1981] an area permit under $122.39, the be used. (9) Septic system wells used to inject project area plus a: circumscribing area the width of: which is the lateral the waste or effluent from a multiple In determining the fixed radius, the dwelling. business establishment distance from the perimeter of the following factors shall be taken into project area, in which the pressures in community or regional business consideration: Chemistry of injected the injections zone may cause the establishment septic tank. The UIC and formation fluids; hydrogeology; migration of the injection and/or: requirements do not apply to single population and ground-water use and formation fluid into an underground family residential septic system wells. dependence; and historical practices in source of drinking water: nor to non-residential septic system the area. wells which are used solely for the [146.06(a)(2) amended by 47 FR 4998, (c) If the area of review is determined disposal of sanitary waste and have the February 3, 1982]. by a mathematical model pursuant to capacity to serve fewer than 20 persons. (2) Computation of the zone of paragraph (a) of this section. the a day endangering influence may be based permissible radius is the result of such upon the parameters listed below and calculation even if it is less than one- (146.05(e)(9)) revised by: 47 FR: 4998, February 3; 1982] name should be calculated for an injection fourth (4/4) mile. time period equal to the expected life of (10) Subsidence control wells (not used for the injection well or pattern. The § 146.07 Corrective Action. the purpose of oil or natural gas production) used to inject fluids into anon-oil OF gas following modified Theis equation In determining the adequacy of producing zone to reduce or eliminate illustrates one form which the corrective action proposed by the subsidence associated with the overdraft of mathematical model may take applicant under 40 CFR 122.44 and in fresh water; 2.25KHt determining the additional steps needed (11) Radioactive waste disposal wells S10* to prevent fluid movement into other than Class IV: (146.05(e)(11) revised by 43160, underground sources of drinking water, where August 27, 1981) the following criteria and factors shall (12) Injection wells associated with X= 4nKHfh be considered by the Director: the recovery of geothermal energy for: 23Q [146.07(a) and (b) revised by 46 FR heating. aquaculture and production of 43160, August 27, 1981] electric power. Radius of endan (ering influence from (a) Nature and volume of injected injection well (iength) fluid; [146.05(e)(12) revised by 47 FR, 4998, Hydraulic conductivity of the injection (b) Nature of native fluids or by- February 3. 19821 zone (length/time) products of injection; Environment Reporter [Sec. 146.07(b)] 154 S-620 INJECTION WELLS CRITER 132:0455 (c) Potentially affected population: (2) For Class II only, cementing (b) Injection wells known to be (d) Geology: records demonstrating the presence of injecting fluids containing hazardous (e) Hydrology: adequate cement to prevent such contaminants; (f) History of the injection operation: migration; or (c) Likelihood of contamination of (g) Completion and plugging records: (h) Abandonment procedures in effect [146.08(c)(3) and (4) added by 47 FR underground sources of drinking water. at the time the well was abandoned: and 4998, February 3, 1982] (d) Potentially affected population: (e) Injection wells violating existing (i) Hydraulic connections with (3) For Class III wells where the State requirements; underground sources of drinking water. nature of the casing precludes the use of (f) Coordination with the issuance of the logging techniques prescribed at permits required by other State or $ 146.08 Mechanical Integrity paragraph (c)(1) of this section, Federal permit programs: (a) An injection well has mechanical cementing records demonstrating the (g) Age and depth of the injection presence of adequate cement to prevent integrity if: well: and such migration: (h) Expiration dates of existing State (1) There is no significant leak in the (4) For Class III wells where the permits. If any. casing, tubing or packer; and Director elects to rely on cementing (2) There is no significant fluid records to demonstrate the absence of movement into an underground source $ 146.10 Plugging and abandoning Class significant fluid movement. the I-III wells. of drinking water through vertical monitoring program prescribed by channels adjacent to the injection well (a) Prior to abandoning Class I-III 146.33(b) shall he designed to verify bore. wells the well shall be plugged with the absence of signincant fluid cement in a manner which will not (b) One of the following methods must movement. allow the movement of fluids either into be used to evaluate the absence of significant leaks under paragraph (a)(1) (d) The Director may allow the use of or between underground sources of of this section: a test to demonstrate mechanical drinking water. The Director may allow integrity other than those listed in Class III wells to use other plugging (146.08(b) amended by 47 FR 4998, materials if he is satisfied that such February 3. 19821 paragraphs (b) and (e)(2) of this section with the written approval of the materials will prevent movement of (1) Monitoring of annulus pressure: or fluids into or between underground Administrator. To obtain approval. the (2) Pressure test with liquid OF gas: or Director shall submit a written request sources of drinking water [146.08(b)(2) amended by 47 FR 4998, to the Administrator, which shall set (146.10(a) revised by 47 FR 4998, February 3, 1982] forth the proposed test and all technical February 3, 1982] data supporting its use. The (3) Records of monitoring showing the (b) Placement of the cement plugs Administrator shall approve the request absence of significant changes in the shall be accomplished by one of the if it will reliably demonstrate the relationship between injection pressure following: mechanical integrity of wells for which and injection flow rate for the following (1) The Balance Method: its use is proposed. Any alternate Class II enhanced recovery wells method approved by the Administrator [146.10(b)(2) and (3) amended by 42 (i) Existing wells completed without a shall be published in the Federal FR 4998, February 3, 1982] packer provided that a pressure test has Register and may be used in all States (2) The Dump Bailer Method: been performed and the data is unless its use is restricted at the time of (3) The Two-Plug Method: or available and provided further that one approval by the Administrator. (4) An alternative method approved pressure test shall be performed at a (e) In conducting and evaluating the by the Director. which will reliably time when the well is shut down and if tests enumerated in this section or: provide a comparable level of protection the running of such a test will not cause others to be allowed by the Director. the to underground sources of drinking further loss of significant amounts of oil owner or operator and the Director shall water. or gas; or apply methods and standards generally (ii) Existing wells constructed without accepted in the industry. When the (146.10(b)(4) added by 47 FR 4998, a long string casing, but with surface owner or operator reports the results of February 3, 1982] casing which terminates at the base of mechanical integrity tests to the (c) The well to be abandoned shall be fresh water provided that locals Director. he shall include a description in a state of static equilibrium with the geological and hydrological features of the test(s) and the method(s) used. In mud weight equalized top to bottom: allow such construction and provided making his/her evaluation, the Director either by circulating the mud in the well further that the annular space shall be shall review monitoring and other test at least once or by a comparable method visually inspected. For these wells. the data submitted since the previous prescribed by the Director. prior to the Director shall prescribe a monitoring evaluation. placement of the cement plug(s). program which will verify the absence (d) The plugging and abandonment of significant fluid movement from the 146.09 Criteria for Establishing plan required in 40 CFR $ 122.42(f) and injection zone into an USDW. Permitting Priorities. 122.41(e) shall. in the case of a Class [146.08(b)(3) added by 47 FR 4998, III project which underlies or is in an In determining priorities for setting February 3. 1982] times for owners or operators to submit aquifer which has been exempted under 40 CFR 146.04. also demonstrate (c) One of the following methods must applications for authorization to inject adequate protection of USDWs. The be used to détermine the absence of under the procedures of § 122.38 or Director shall prescribe aquifer cleanup significant fluid movement under $ 123.4(g), the Director shall base these paragraph (a)(2) of this sections priorities upon consideration of the and monitoring where he deems it necessary and feasible to insure [146.08 (c)(1) and (2) revised by 46 FR following factors: 43160, August 27, 1981] (a) Injection wells known or suspected adequate protection of USDWs. (1) The results of a temperature or to be contaminating underground [146.10(d) amended by 47 FR 4998, noise log: or sources of drinking water: February 3, 1982] [Sec: 146.10(d)] Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. WASHINGTON. D.C. 20037 155 9-10-82 132:0456 FEDERAL REGULATIONS Subpart B-Criteria and Standards (iii) Injection pressure; Operating Requirements: Applicable to Class 1 Wells (iv) Annular pressure: Operating requirements shall, at a (v) Rate. temperature and volume of minimum, specify that: $ 146.11 Applicability. injected fluid: and (1) Except during stimulation This subpart establishes criteria and (vi) Size of casing. injection pressure at the wellhead shall standards for underground injection (d) Appropriate logs and other tests not exceed a maximum which shall be control programs to regulate Class I shall be conducted during the drilling calculated so as to assure that the wells. and construction of new Class I wells. pressure in the injection zone during A, descriptive report interpreting the injection does not initiate new $ 146.12 Construction Requirements. results of such logs and tests shall be fractures or propagate existing (a) Class I wells shall be sited in prepared by a knowledgeable log fractures in the injection zone. In no such a fashion that they inject into a analyst and submitted to the Director. case shall injection pressure initiate formation which is beneath the At a minimum, such logs and tests fractures in the confining zone or lowermost formation containing. within shall include: cause the movement of injection or one quarter mile of the well bore, an (146.12(d) amended by 46 FR 43160, formation fluids into an underground underground source of drinking water. August 27 1981] source of drinking water. (b) All Class I wells shall be cased (1) Deviation checks on all holes ad-cemented to prevent the movement constructed by first drilling a pilot hole. 46.13(a)(1) amended by 46 FR 43160, of fluids into or between underground and then enlarging the pilot hole by August 27, 1981] sources of drinking water: The casing reaming or another method. Such checks and cement used in the construction of shall be at sufficiently frequent intervals (2) Injection between the outermost each newly drilled well shall be: to assure that vertical avenues for fluid casing protecting underground sources designed for the life expectancy of the migration in the form of diverging holes of drinking water and the well bore is well. In determining and specifying: are not created during drilling. prohibited. casing and cementing requirements. the (2) Such other logs and tests as may (3) Unless an alternative to a packer following factors shall be considered: be needed after taking into account the has been approved under $ 146.12(c), the (1) Depth to the injection zone: availability of similar data in the area of annulus between the tubing and the long (2) Injection pressure. external the drilling site. the construction plan. string of casings shall be filled with a pressure. internal pressure, and axial and the need for additional information, fluid approved by the Director and a loading: amount that may arise from time to time as the pressure, also approved by the Director. (3) Hole size: construction of the well progresses. In shall be maintained on the annulus. (4) Size and grade of all casing strings determining which logs and tests shall (wall thickness, diameter, nominal be required. the following logs shall be (b) Monitoring Requirements weight, length. joint specification. and considered for use in the following Monitoring requirements shall, at a construction material); situations: The minimum. include: (5) Corrosiveness of injected fluid. (i) For surface casing intended tor (1) The analysis of the injected fluids formation fluids. and temperatures: protect underground sources of drinking with sufficient frequency to yield (6) Lithology of injection and confining water. and representative data of their intervals: and 8224 87 (A) Resistivity. spontaneous potential. characteristics: PM (7) Type or grade of cement. and caliper logs before the casing is (2) Installation and use of continuous. (c) All Class I injection wells. except installed: and recording devices to monitor injection those municipal wells injecting non- (D) (B) A cement bond. temperature. or pressure. flow rate and volume. and the corrosive wastes. shall inject fluids density log after the casing is set and pressure on the annulus between the through tubing with a packer set cemented. tubing and the long string of casing: immediately above the injection zone. or (ii) For intermediate and long strings (3) A demonstration of mechanical tubing with an approved fluid seal as an of casing intended to facilitate injection: integrity pursuant to $ 146.08 at least alternative. The tubing. packer. and fluid (A) Resistivity. spontaneous potential. once every five years during the life of seal shall be designed for the expected porosity. and gamma ray logs before the the well: and service. casing is installed: (4) The type, number and location of (1) The use of other alternatives to a (B) Fracture finder logs: and wells within the area of review to bepacker may be allowed with the written (C) A cement bond. temperature. or used to monitor any migration of fluids approval of the Director. To obtain density log after the casing is set and into and pressure in the underground approval. the operator shall submit 8 cemented. sources of drinking water. the written request to the Director, which (e) At minimum the following parameters to be measured and the shall set forth the proposed alternative information concerning the injection frequency of monitoring. and all technical data supporting its use, formation shall be determined or The Director shall approve the request if calculated for new Class I wells: (c) Reporting Requirements. Reporting the alternative method will reliably (1) Fluid pressure: requirements shall. at a minimum. provide a comparable level of protection (2) Temperature: include: to underground sources of drinking (3) Fracture pressure: (1) Quarterly reports to the Director water. The Director may approve an (4) Other physical and chemical on: alternative method solely for an characteristics of the injection matrix: (i) The physical. chemical and other individual well or for general use. and relevant characteristics of injection. (2) In determining and specifying (5) Physical and chemical fluids: requirements for tubing, packer. or characteristics of the formation fluids. (ii) Monthly average, maximum and alternatives the following factors shall minimum values for injection pressure. be considered: $ 146.13 Operating, Monitoring and flow rate and volume. and annular (i) Depth of setting: Reporting Requirements. pressure: and (ii) Characteristics of injection fluid [Editor's note: EPA July 26 1982 (47 FR (iii) The results of monitoring (chemical content. corrosiveness; and 32129) amended $14613 to add OMB prescribed under subparagraph (b)(4) of density): control No. 2000-0456.] this section. Environment Reporter [Sec. 146.13(c)(1)(iii)] 156 S-620 INJECTION WELLS CRITER 132:0457 (2) Reporting the results. with the first position relative to the injection (4) The results of the formation testing quarterly report after the completion. of: formation and the direction of water program: (i) Periodic tests of mechanical movement, where known. in each (5) The actual injection procedure: integrity; underground source of drinking water (6) The compatibility of injected waste (ii) Any other test of the injection well which may be affected by the proposed with fluids in the injection zone and conducted by the permittee if required injection: minerals in both the injection zone and by the Director: and (5) Maps and cross sections detailing the confining zone: and (iii) Any well work over the geologic structure of the local area; (7) The status of corrective action on (6) Generalized maps and cross defective wells in the area of review. $ 146.14 Information to be Considered by sections illustrating the regional geologic (c) Prior to granting approval for the the Director: setting:- plugging and abandonment of a Class I This section sets forth the information (7) Proposed operating data: well the Director shall consider the which must be considered by the (i) Average and maximum daily rate following information: Director in authorizing Class Ewells. For and volume of the fluid to be injected: (1) The type and number of plugs to be an existing or converted new Class F (ii) Average and maximum injection used: well the Director may rely on the pressure: and (2) The placement of each plug existing permit file for those items of (iii) Source and an analysis of the including the elevation of the top and information listed below which are chemical, physical. radiological and bottom: current and accurate in the file. For a biological characteristics of injection (3) The type and grade and quantity of newly drilled Class I well. the Director cement to be used: fluids; shall require the submission of all the (4) The method for placement of the (8) Proposed formation testing information listed below. For both plugs: and program to obtain an analysis of the existing and new Class I' wells certain (5) The procedure to be used to meet chemical. physical and radiological maps, cross-sections. tabulations of the requirements of $ 146.10(c): characteristics of and other information wells within the area of review and on the receiving formation: $ 146.15 Mid-course evaluation other data may be included in the (9) Proposed stimulation program: requirements. application by reference provided they (10) Proposed injection procedure: In compliance with 40 CFR are current. readily available to the (11) Schematic or other appropriate 122.18(c)(4)(c)(ii) the data to be Director (for example, in the permitting drawings of the surface and subsurface submitted on each Class I permit at six agency's files) and sufficiently identified construction details of the well month intervals during the first two to be retrieved. In cases where EPA [146.14(a)(11] amended by 46 FR 43160, years of operation of the State program issues the permit all the information in August 27, 1981] shall at a minimum include the this Section must be submitted to the (12) Contingency plans to cope with following: Administrator. all shut-ins or well failures so as to (a) The data required in $ 146.14(a)(1): (a) Prior to the issuance of a permit for prevent migration of fluids into any (b) The data required in $ 146.14(a)(3) an existing Class 1 well to operate or the underground source of drinking water. including, under location, the distance construction or conversion of a new (13) Plans (Including maps) for and direction from the injection well. Class I well the Director shall consider meeting the monitoring requirements in (c) The depth to the top and bottom of the following: 146.13(b): any USDW: (1) Information required in 40 CFR (14) For wells within the area of (d) The distance to the nearest down- 122.4 and 122.38(c): review which penetrate the injection gradient water supply well: (2) A map showing the injection zone but are not properly completed or (e) A description of the geology and well(s) for which a permit is sought and plugged. the corrective action proposed hydrology of the area: the applicable area of review. Within to be taken under 40 CFR 122.44; (f) The construction characteristics of the area of review, the map must show (15) Construction procedures the well: the number. or name. and location of all including a cementing and casing (g) The corrective action proposed as producing wells. injection wells. program. logging procedures. deviation well as that performed: abandoned wells. dry holes, surface checks. and a drilling. testing. and (b) The type and results of all bodies of water. springs, mines (surface coring program: and mechanical integrity tests reported to and subsurface), quarries. water wells (16) A certificate that the applicant the Director: and and other pertinent surface features has assured, through a performance (i) Any reporting to the Director under including residences and roads. The bond OF other appropriate means, the $ 122.41(d). map should also show faults. if known resources necessary to close; plug or Subpart C-Criteria and Standards or suspected. Only information of public abandon the well as required by 40 CFR Applicable to Class II Wells record is required to be included on this 122.42(g). map: [146.14(a)(16] amended by 46 FR 43160, $ 146.21 Applicability. (3) A tabulation of data on all wells August 27, 1981] This subpart establishes criteria and within the area of review which (b) Prior to granting approval for the standards for underground injection penetrate into the proposed injection operation of a Class I well the Director control programs to regulate Class II zone. Such data shall include a shall consider the following information: wells. description of each well's type, (1) All available logging and testing $ 146.22 Construction requirements. construction. date drilled. location. program data on the well: (a) All new Class II wells shall be sited depth. record of plugging and/or (2) A demonstration of mechanical in such a fashion that they inject into a completion. and any additional integrity pursuant to $146.08; formation which is separated from any information the Director may require: (3) The anticipated maximum USDW by a confining zone that is free. (4) Maps and cross sections indicating pressure and flow rate at which the of known open faults or fractures. the general vertical and lateral limits of permittee will operate: within the area of review: all underground sources of drinking [146.14(b)(3) revised by 46 FR 43160; [146.22(a) amended by 46 FR 43160, water within the area of review, their August 27, 1981] August 27, 1981 (Sec. 146.22(a)] Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. WASHINGTON. D.C. 20037 157 9-10-82 132:0458 FEDERAL REGULATIONS [Former 146.22(b) redesignated as (b) isting. newly converted. and newly $ 23 Operating, monitoring, and (1) by 47 FR 4998, February 3, 1982] drilled wells in existing fields. and the reporting requirements. (b) (1) All Class II injection wells Administrator approves the plan. [Editor's note: EPA July 26, 1982 (47 FR shall be cased and cemented to prevent (f) Appropriate logs and other tests 32129) amended $146.23 to add OMB movement of fluids into or between shall be conducted during the drilling control No. 2000-0456.] underground sources of drinking water. and construction of new Class II wells. (a) Operating Requirements. The casing and cement used in the A descriptive report interpreting the Operating requirements shall. at a construction of each newly drilled well results of that portion of thoselogs and minimum, specify that: shall be designed for the life expectancy tests which specifically relate to (1) an (1) Injection pressure at the wellheadof the well. In determining and specifying USDW and the confining zone adjacent shall not exceed a maximum which casing and cementing requirements, the to it, and (2) the injection and adjacent shall be calculated so as to assure that following factors shall be considered. formations shall be prepared by a the pressure during injection does not knowledgeable log analyst and [Former 146.22(b)(1)-(3) redesignated initiate new fractures or propagate submitted to the Director. At a as (b)(1)(i)-(iii) by 47 FR 4998, Februexisting fractures in the confining zone minimum, these logs and tests shall ary 3, 1982) adjacent to the USDWs. In no case shall include: injection pressure cause the movement (i) Depth to the injection zone: [146.22(f) amended by 46 FR 43160, of injection OF formation fluids into an (ii) Depth to the bottom of all USDWs: August 27, 1981] underground source of drinking water. and (1) Deviation checks on all holes [146.23(a)(1) amended by 46 FR 43160, (iii) Estimated maximum and average constructed by first drilling a pilot hole August 27, 1981] injection pressures: and then enlarging the pilot hole. by (2) Injection between the outermost (b)(2) In addition the Director may reaming or another method. Such checks casing protecting underground sources consider information on: shall be at sufficiently frequent intervals of drinking water and the well bore shall (i) Nature of formation fluids: to assure that vertical avenues for fluid be prohibited. (ii) Lithology of injection and movement in the form of diverging holes (b) Monitoring Requirements: confining zones; are not created during drilling. Monitoring requirements shall. at a (iii) External pressure. internal (2) Such other logs and tests as may minimum, include: pressure. and axial loading: be needed after taking into account the (1) Monitoring of the nature of (iv) Hole size; availability of similar data in the area of injected fluids at time intervals (v) Size and grade of all casing strings: the drilling site, the construction plan. sufficiently frequent to yield data and and the need for additional information representative of their characteristics: (vi) Class of cement. that may arise from time to time as the (2) Observation of injection pressure [New 146.22(b)(2) added by 47. FR construction of the well progresses. In flow rate, and cumulative volume at 4998, February 3, 19821 determining which logs and tests shall least with the following frequencies: (c) The requirements in paragraph (b) be required the following shall be (i) Weekly for produced fluid disposal of this section need not apply to existing considered by the Director in setting operations: or newly converted Class II. wells logging and testing requirements: (ii) Monthly for enhanced recovery one located in existing fields if: [146.22(f)(2)(i) and (i)(A) revised by operations: (1) Regulatory controls for casing and FR 4998, February 3,19821 (iii) Daily during the injection of líquid cementing existed for those wells at the hydrocarbons and injection for (i) For surface casing intended to time of drilling and those wells are in withdrawal of stored hydrocarbons: and protect underground sources of drinking compliance with those controls: and (iv) Daily during the injection phase of water in areas where the lithology has (2). Well injection will not result in the not been determined: cyclic steam operations: movement of fluids into an underground And recording of one observation of (A) Electric and caliper logs before source of drinking water so as to create casing is installed; and injection pressure. flow rate and a significant risk to the health of cumulative volume at reasonable (B) A cement bond, temperature. or persons. intervals no greater than 30 days. density log after the casing is set and (d) The requirements in paragraph (b) cemented [146.23(b)(2) revised by 47 FR 4998, of this section need not apply to newly (II) For intermediate and long strings February 3, 1982] drilled wells in existing fields 16 of casing intended to facilitate injection: (3) A demonstration of mechanical (1) They meet the requirements of the State for casing and cementing (A) Electric. porosity and gamma ray integrity pursuant to $ 146.08 at least logs before the casing is installed: once every five years during the life of applicable to that field at the time of the injection well: submission of the State program to the [146.22 (f)(2)(i)(A) revised by 47 FR (4) Maintenance of the results of all Administrator: and 4998, February 1982] monitoring until the next permit review (2) Well injection will not result in the (B) Fracture finder logs: and (see 40 CFR 122.42(e)): and movement of fluids into an underground (C) A cement bond. temperature. or (5) Hydrocarbon storage and source of drinking water so as to create density log after the casing is set and enhanced recovery may be monitored a significant risk to the health of cemented. on a field or project basis rather than on persons. (g) At a minimum, the following an individual well basis by manifold (e) Where a State did not have information concerning the injection regulatory controls for casing and formation shall be determined or monitoring. Manifold monitoring may be used in cases of facilities consisting of cementing prior to the time of the calculated for new Class II wells or more than one injection well. operating submission of the State program to the projects: with a common manifoid. Separate Administrator, the Director need not (1) Fluid pressure: monitoring systems for each well are not apply the casing and cementing (2) Estimated fracture pressure: required provided the owner/operator requirements in paragraph (b) of this (3) Physical and chemical demonstrates that manifold monitoring section if he submits as a part of his characteristics of the injection zone. is comparable to individual well application for primacy. an appropriate [146.22(g) revised by 47 FR 4998, monitoring. plan for casing and cementing of February 3, 1982] (c) Reporting Requirements. Environment Reporter [Sec. 146.23(c)] 158 S-620 INJECTION WELLS CRITER 132:0459 (1) Reporting requirements shall at a of Class II wells operating over the (5) Plans for meeting the monitoring minimum include an annual report to fracture pressure of the injection requirements of $ 146.23(b). the Director summarizing the results of formation, all known wells within the area of review which penetrate [New 146.24(b) added and former (b) monitoring required under paragraph (b) of this section. Such summary shall formations affected by the increase in redesignated as (c) by 47 FR 4998, include monthly records of injected pressure. Such data shall include a February 3, 1982] fluids, and any major changes in description of each well's type, con- (c) Prior to granting approval for the characteristics or sources of injected struction, date drilled, location, depth, operation of a Class II well the Director fluid. Previously submitted information record of plugging and completion, shall consider the following information: may be included by reference. (1) All available logging and testing and any additional information the [146.23(c)(1) revised by 46 FR 43160, program data on the well: Director may require. In cases where (2) A demonstration of mechanical August 27, 1981] the information would be repetitive integrity pursuant to $ 146.08: (2) Owners or operators of and the wells are of similar age, type, hydrocarbon storage and enhanced (3) The anticipated maximum and construction the Director may pressure and flow rate at which the recovery projects may report on a field elect to only require data on a permittee will operate. or project basis rather than an representative number of wells. This individual well basis where manifold (146.24(b)(3) revised by 46 FR 43160, requirement does not apply to existing August 27, 1981] monitoring is used. Class II wells. (4) The results of the formation (4) Proposed operating data: testing program: $ 146.24 Information to be considered by (i) Average and maximum daily rate (5) The actual injection procedure: the director. and volume of fluids to be injected: and This section sets forth the information (ii) Average and maximum injection (6) For new wells the status of which must be considered by the pressure: and corrective action on defective wells in Director in authorizing Class II wells. [146:24(a)(4)(iii)-(6) amended by 47 the area of review. Certain maps, cross-sections, FR 4998, February 3, 1982] [146.24(c) redesignated as (d) by 47 tabulations of wells within the area of (iii) Source and an appropriate FR 4998, February 3, 1982] review, and other data may be included analysis of the chemical and physical (d) Prior to granting approval for the in the application by reference provided characteristics of the injection fluid. plugging and abandonment of a Class II they are current. readily available to the Director (for example. in the permitting (5) Appropriate geological data on the well the Director shall consider the agency's files) and sufficiently identified injection zone and confining zone following information: to be retrieved. In cases where EPA including lithologic description. (1) The type, and number of plugs to issues the permit, all the information in geological name, thickness and depth: be used: (2) The placement of each plug this Section is to be submitted to the (6) Geologic name and depth to including the elevation of top and Administrator. bottom of all underground sources of bottom: (a) Prior to the issuance of & permit for drinking water which may be affected (3) The type. grade, and quantity of an existing Class II well to operate or by the injection: cement to be used: the construction or conversion of a new (7) Schematic or other appropriate (4) The method of placement of the Class II well the Director shall consider drawings of the surface and plugs: and the following: subsurface construction details of the (5) The procedure to be used to meet (1) Information required in 40 CFR well: the requirements of $ 146.10(c). 122.4 and 122.38(c); [146.24(a)(2) and (3) revised by 46 FR [146.24(a)(7) amended by 46 FR 43160, 43160, August 27, 1981] August 27, 1981] (2) A map showing the injection well [146.24(a)(8)-(12) removed and (13) or project area for which a permit is and (14) redesignated as (8) and (9) 146.25 Mid-course evaluation sought and the applicable area of by 47 FR 4998, February 3. 19821 requirements. review. Within the area of review, the (a) In compliance with 40 CFR map must show the number or name (8) In the case of new Injection wells 122.18(c)(4)(C)(ii) the data to be the corrective action proposed to be and location of all existing producing submitted on each new Class II permit wells, injection wells, abandoned wells, taken by the applicant under 40 CFR at six months intervals during the first dry holes, and water wells. The map 122.44: two years of operation of the State may also show surface bodies of waters, (9) A certificate that the applicant has program shall at a minimum include the mines (surface and subsurface), assured through a performance bond or following: quarries and other pertinent surface other appropriate means. the resources (1) The data required in $ 146.24(a)(1); features including residences and necessary to close, plug or abandon the (2) The data required in $ 146.24(a)(3) roads, and faults if known or well as required by 40 CFR 122.42(g): including. under location, the distance suspended. Only information of public and direction from the injection well: (b) In addition the Director may record and pertinent information (3) The depth to the top and bottom of consider the following: known to the applicant is required to be any USDW: (1) Proposed formation testing included on this map. This requirement (4) The distance to the nearest downdoes not apply to existing Class II wells; program to obtain the information gradient water supply well: and required by $ 146.22(g): (5) A description of the geology and (3) A tabulation of data reasonably (2) Proposed stimulation program: hydrology of the area: available from public records or (3) Proposed injection procedure: (6) The construction characteristics of otherwise known to the applicant on all (4) Proposed contingency plans. if any, the well: wells within the area of review included to cope with well failures so as to (7) The corrective action proposed as on the map required under paragraph prevent migration of contaminating well as that performed: and (a)(2) of this section which penetrate the fluids into an underground source of (8) Any reporting to the Director under proposed injection zone or, in the case drinking water, $ 122.41(d). [Sec. 146.25(a)(8)] Published: by THE BUREAU OF NATIONAL AFFAIRS. INC. WASHINGTON. D.C. 20037 159 9-10-82 (b) The Director shall also submit the A descriptive report interpreting the in adequate number of monitoring wells type and results of all Mechanical results of such logs and tests shall be hall be completed into the USDW to: Integrity tests reported on existing wells prepared by a knowledgeable log detect any movement of injected fluids, and new (conversion only) wells during analyst and submitted to the Director. process by-products or formation fluids the first two years of operation. The logs and tests appropriate to each into the USDW. The monitoring wells (c) The Director shall require a type of Class III well shall be shall be located outside the physical temperature log or noise log, on a determined based on the intended influence of the subsidence or sample of Class II wells in cases where function. depth. construction and other catastrophic collapse. operators submitted cementing records characteristics of the well. availability (h) In determining the number, to meet the requirement of $ 146.08(c). of similar data in the area of the drilling location. construction and frequency of The wells to be tested shall be chosen site and the need for additional monitoring of the monitoring wells the by a formal random selection procedure. information that may arise from time to following criteria shall be considered: The sampling shall be done on a field or time as the construction of the well (1) The population relying on the pool basis and be statistically progresses. Deviation checks shall be USDW affected or potentially affected representative of the wells in that field conducted on all holes where pilot holes by the injection operation: or pool. At a minimum, the sample size and reaming are used. unless the hole (2) The proximity of the injection for each State shall be 100 wells or S will be cased and cemented by operation to points of withdrawal of percent of the number of Class II circulating cement to the surface. Where drinking water. injection wells in the State whichever is deviation checks are necessary they (3) The local geology and hydrology: smaller. At least half of the wells tested shall be conducted at sufficiently (4) The operating pressures and must be existing wells. frequent intervals to assure that vertical whether a negative pressure gradient is avenues for fluid migration in the form being maintained: of diverging holes are not created during (5) The nature and volume of the Subpart D-Criteria and Standards drilling. injected fluid, the formation water, Applicable to Class III Wells [146.32(b) amended by 46 FR 43160, and the process by products; and $ 146.31 Applicability. August 27, 1981; 47 FR 4998, February [146.32(h)(5) revised by 46 FR 43160, 3, 1982] August:27 1981] This subpart establishes criteria and (c) Where the injection zone is a (6) The injection well- density. standards for underground injection formation which is naturally watercontrol programs to regulate Class III $ 146.33 Operating monitoring, and bearing the following information reporting requirements. wells. concerning the injection zone shall be [Editor's note: EPA July 26, 1982 (47 FR determined or calculated for new Class 32129) amended $146.23 to add OMB $ 146.32 Construction requirements. III wells or projects: control No. 2000-0456.] (1) Fluid pressure: (a) All new Class III wells shall be (a) Operating Requirements. (2) Fracture pressure: and cased and cemented to prevent the Operating requirements prescribed (3) Physical and chemical migration of fluids into or between shall. at a minimum, specify that: charateristics of the formation fluids underground sources of drinking water. (1) Except during well stimulation The Director may waive the cementing [146.32(c) amended by 47 FR 4998, Febinjection pressure at the wellhead shall requirement for new wells in existing id ruary 30 1982) be calculated SQ as to assure that the projects or portions of existing projects (d) Where the injection formation is pressure in the Injection zone during not a water-bearing formation. the injection does not initiate new where he has substantial evidence that no contamination of underground information in paragraph (c)(2) of this fractures or propagate existing sources of drinking water would result. section must be submitted. fractures in the injection zone. In no [146.32(d) amended by 47 FR 4998, case, shall injection pressure initiate The casing and cement used in the February 3, 1982] fractures in the confining zone or construction of each newly drilled well cause the migration of injection or shall be designed for the life expectancy (e) Where injection is into a formation formation fluids into an underground of the well. In determining and which contains water with less than source of drinking water. specifying casing and cementing 10,000 mg/l TDS monitoring wells shall [146.33(a)(1) amended by 46 FR 43160, requirements, the following factors shall be completed into the injection zone and August 27, 1981] be considered: into any underground sources of (2) Injection between the outermost [146.32(a) revised by 47 FR 4998, drinking water above the injection zone casing protecting underground sources February 3, 1982] which could be affected by the mining of drinking water and the well bore is (1) Depth to the injection zone: operation. These wells shall be located prohibited. (2) Injection pressure. external in such a fashion as to detect any (b) Monitoring Requirements. pressure. Internal pressure. axial excursion of injection fluids, process by- Monitoring requirements shall. at a loading. etc.: products, or formation fluids outside the minimum. specify: (3) Hole size: mining area or zone. If the operation [146.33(b)(1)-(4) amended by 47 FR (4) Size and grade of all casing strings may be affected by subsidence or 4998, February 3, 1982] (wall thickness, diameter, nominal catastrophic collapse the monitoring (1) Monitoring of the nature of weight, length. joint specification. and wells shall be located so that they will injected fluids with sufficient frequency construction material): not be physically affected. to yield representative data on its (5) Corrosiveness of injected fluids (f) Where injection is into a formation characteristics. Whenever the injection and formation fluids: which does not contain water with less fluid is modified to the extent that the (6) Lithology of injection and confining than 10,000 mg/l TDS, no monitoring analysis required by $ 146.34(a)(7)(iii) is zones: and wells are necessary in the injection incorrect or incomplete, a new analysis (7) Type and grade of cement. stratum. as required by $ 146.34(a)(7)(iii) shall be (b) Appropriate logs and other tests (g) Where the injection wells provided to the Director. shall be conducted during the drilling penetrate an USDW in an area subject (2) Monitoring of injection pressure and construction of new Class III wells. to subsidence or catastrophic collapse and either flow rate or volume semi- Environment Reporter [Sec. 146.33(b)(2)] 160 INJECTION WELLS CRITER OM'B office of management & 132:0461 monthly. or metering and daily (2) A map showing the injection well them upon request to the Director as recording of injected and produced fluid or project area for which a permit is part of any enforcement investigation. volumes as appropriate. sought and the applicable area of [146.34 (a)(7)(iii) revised by 47 FR (3) Demonstration of mechanical review. Within the area of review, the 4998, February 3, 1982] integrity pursuant to § 146.08 at least map must show the number or name once every five years during the life of and location of all existing producing (8) Proposed formation testing the well for salt solution mining. wells, injection wells, abandoned program to obtain the information (4) Monitoring of the fluid level in the wells, dry holes, public water systems required by $ 146.32(c). injection zone semi-monthly. where and water wells. The map may also appropriate and monitoring of the show surface bodies of waters. mines [146.34(a)(8) revised by 47 FR 4998, parameters chosen to measure water (surface an subsurface) quarries and February 3, 1982] quality in the monitoring wells required other pertinent surface features by $ 146.32(e). semi-monthly. including residences and roads. and (9) Proposed stimulation program: (5) Quarterly monitoring of wells faults if known or suspected. Only (10) Proposed injection procedure; required bv 146.32(g). information of public record and (11) Schematic or other appropriate [146.33(b)(5) revised by 46 FR 43160, pertinent information known to the drawings of the surface and applicant is required to be included on subsurface construction details of the August 27, 1981] this map. well; (6) All Class III wells may be monitored on a field or project basis (3) A tabulation of data reasonably [146.34(a)(11) amended by 46 FR available from public records or 43160, August 27, 1981] rather than an individual well basis by manifold monitoring. Manifold otherwise known to the applicant on (12) Plans (including maps) for wells within the area of review meeting the monitoring requirements of monitoring may be used in cases of included on the map required under 146.33(b); facilities consisting of more than one injection well. operating with a common paragraph (a)(2) of this section which (13) Expected changes in pressure. manifold. Separate monitoring systems penetrate the proposed injection zone. native fluid displacement. direction of Such data shall include a description movement of injection fluid: for each well are not required provided of each well's type, construction, date (14) Contingency plans to cope with the owner/operator demonstrates that drilled, location, depth, record of all shut-ins or well failures so as to manifold monitoring is comparable to individual well monitoring. plugging and completion, and any prevent the migration of contaminating additional information the Director fluids into underground sources of (c) Reporting Requirements. Reporting requirements shall. at a minimum, may require. In cases where the drinking water; include: information would be repetitive and (15) A certificate that the applicant the wells are of similar age, type, and has assured, through a performance (1) Quarterly reporting to the Director construction the Director may elect to bond, or other appropriate means, the on required monitoring: only require data on a representative resources necessary to close, plug. or (2) Results of mechanical integrity and number of wells. abandon the well as required by 40 any other periodic test required by the (4) Maps and cross sections indicating CFR 122.42(g) and Director reported with the first regular the vertical limits of all underground [146.34(a)(15). amended by 46 FR quarterly report after the completion of sources of drinking water within the 43160, August 27, 1981] the test: and area of review: their position relative to (16) The corrective action proposed to (3) Monitoring may be reported on a the injection formation. and the be taken under 40 CFR 122.44. project or field basis rather than direction of water movement. where (b) Prior to granting approval for the individual well basis where manifold known. in every underground source of operation of a Class III well the Director monitoring is used. drinking water which may be affected shall consider the following information: by the proposed injection: (1) All available logging and testing $ 146.34 Information to be considered by data on the well; the Director. [146.34(a)(4) amended by 47 FR 4998, This section sets forth the information February 3, 1982] (2) A satisfactory demonstration of which must be considered by the mechanical integrity for all new wells (5) Maps and cross sections detailing and for all existing salt solution wells Director in authorizing Class III wells. the geologic structure of the local area: Certain maps, cross sections. pursuant to $ 146.08; (6) Generalized map and cross tabulations of wells within the area of sections illustrating the regional geologic [146.34(b)(2) amended by 47 FR 4998, review, and other data may be included setting: February 3, 1982] in the application by reference provided (7) Proposed operating data: (3) The anticipated maximum they are current. readily available to the (i) Average and maximum daily rate pressure and flow rate at which the Director (for example. in the permitting and volume of fluid to be injected: permittee will- operate; agency's files) and sufficiently identified (ii) Average and maximum injection [146.34(b)(3) revised by 46 FR 43160, to be retrieved. In cases where EPA pressure: and August 27, 1981] issues the permit. all the information in (iii) Qualitative analysis and ranges fn (4) The results of the formation testing this section must be submitted to the concentrations of all constituents of program: Administrator. injected fluids. The applicant may (5) The actual injection procedures: (a) Prior to the issuance of a permit for request Federal confidentiality as and an existing Class III well or area to specified in 40 CFR Part 2. If the (6) The status of corrective action on operate or the construction of a new information is proprietary an applicant defective wells in the area of review. Class III well the Director shall consider may, in lieu of the ranges in (c) Prior to granting approval for the the following: concentrations, choose to submit plugging and abandonment of a Class III (1) Information required in 40 CFR maximum concentrations which shall well the Director shall consider the 122.4 and 122.38(c); not be exceeded. In such a case the following information: [146.34(a)(2) and (3) revised by 48 FR applicant shall retain records of the (1) The type and number of plugs to be 43160, August 27, 1981] undisclosed concentrations-and provide used; [Sec. 146.34(c)(1)] 4-9-82 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., WASHINGTON, D.C. 20037 97 (2) The placement of each plug (g) The type and results of all including the elevation of the top and (146.51(b) revised by 47 FR 4998, echanical integrity tests reported to ary 3, 1982) bottom: he Director during the first two years of (3) The type. grade and quantity of the program: and $ 146.52 Inventory and Assessment. cement to be used; (h) Any reporting to the Director (a) The owner or operator of any (4) The method of placement of the under $ 122.41(d). Class V well shall. within one year of the effective date of an underground plugs. and injection control program. notify the (5) The procedure to be used to meet Director of the existence of any well the requirements of § 146.10(c). Subpart E-Criteria and Standards meeting the definitions of Class V under Applicable to Class IV Injection Wells his control. and submit the inventory [Reserved] information required in 40 CFR $ 146.35 Mid-course evaluation requirements. 122.37(c)(1). (b) Within three (3) years of approval In compliance with 40 CFR Subpart F-Criteria and Standards of the State program the Director shall 122.18(c)(4)(C)(ii) the data to be Applicable to Class V Injection Wells complete and submit to EPA a report submitted on each Class III permit at six month intervals during the first two $ 146.51 Applicability. containing: years of operation of the State program This subpart sets forth Criteria and (1) The information on the construction features of Class V wells, shall at a minimum include the Standards for underground injection following: control programs to regulate all injection and the nature and volume of the (a) The data required in $ 146.14(a)(i); not regulated in Subparts B. C. D, and E. injected fluids: (2) An assessment of the (b) The data required in $ 146.34(a)(3) (a) Generally, wells covered by this contamination potential of the Class V including. under location. the distance Subpart inject non-hazardous fluids into wells using hydrogeological data and direction from the injection well: or above formations that contain available to the State: (c) The depth to the top and bottom of underground sources of drinking water. (3) An assessment of the available any USDW; It includes all wells listed in $ 146.05(e) corrective alternatives where (d) The distance to the nearest downbut is not limited to those types of appropriate and their environmental and gradient water supply well; injection wells. economic consequences: and (e) A description of the geology and (b) It also includes wells not covered (4) Recommendations both for the hydrology of the area: in Class IV that inject radioactive most appropriate regulatory approaches (f) The construction characteristics of material listed in 10 CFR Part 20. and for remedial actions where the well; Appendix B. Table II. Column 2. appropriate. has Environment Reporter [Sec. 146.52(b)(4)] 98 UL 58 STANDARD SAFETY STEEL UNDERGROUND TANKS FOR FLAMMABLE AND COMBUSTIBLE LIQUIDS Northbrook, Illinois Testing Station Melville, N.Y. Testing Station Santa Clara, Calif. Testing Station Tampa, Florida Testing Station UNDERWRITERS LABORATORIES INC. AN INDEPENDENT NOT-FOR-PROFIT ORGANIZATION TESTING FOR PUBLIC SAFETY Underwriters Laboratories Inc., founded in 1894, is chartered as a not-for-profit organization without capital stock, under the laws of the State of Delaware, to establish, maintain, and operate laboratories for the examination and testing of devices, systems and materials to determine their relation to hazards to life and property. A complete description of the organization, purposes, and methods of Underwriters Laboratories Inc. is given in a separate pamphiet entitled "TESTING FOR PUBLIC SAFETY." The names of manufacturers who have demonstrated an ability to produce products meeting UL requirements are published annually in the following Product Directories. 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Calif. 95050 2602 Tampa East Blvd., Tampa, Fla. 33619 333 Pfingsten Road, Northbrook, m. 60062 April 10, 1981 STANDARD FOR STEEL UNDERGROUND TANKS FOR FLAMMABLE AND COMBUSTIBLE LIQUIDS UL 58, SEVENTH EDITION Accompanying this sheet is a copy of the second impression of the seventh edition of UL 58. A CHANGE IN REQUIREMENTS AS INCLUDED IN REVISED PAGES DATED NOVEMBER 28, 1977 IS INDICATED BY A VERTICAL MARGINAL RULE ON THE AFFECTED PAGE. EDITORIAL CHANGES ARE NOT so MARKED. THIS EDITION OF THE STANDARD IS NOW IN EFFECT. With the inclusion of the acoompanying material, the standard consists of pages dated as shown in the following check list: Page Date 1 April 10, 1981 2 3 October 29, 1976 4 November 28, 1977 5 October 29, 1976 6 November 28, 1977 7-16 October 29, 1976 Revised and/or additional pages may be issued from time to time. Transmittal only - not a permanent part of the standard *APRIL 10, 1981 1 ANSI B137.1-1976 UL 58 STANDARD FOR STEEL UNDERGROUND TANKS FOR FLAMMABLE AND COMBUSTIBLE LIQUIDS First Edition - October, 1925 Second Edition - September, 1929 Third Edition - February, 1937 Fourth Edition - April, 1949 Fifth Edition - December, 1961 Sixth Edition - December, 1971 (The fifth and previous editions were originally titled "Underground Tanks for Flammable Liquids") SEVENTH EDITION First Impression October 29, 1976 Second Impression (as revised to January 6, 1978) April 10, 1981 Approval as an American National Standard covers the numbered paragraphs on pages dated October 29, 1976. These pages should not be discarded when revised or additional pages are issued if it is desired to retain the approved text. Revisions of this standard will be made by issuing revised or additional pages bearing their dates of issue. Approved as ANSI B137.1-1971, July 27, 1971 Approved as ANSI B137.1-1976, July 23, 1976 *Replaces page 1 dated October 29, 1976 COPYRIGHT © 1976 UNDERWRITERS LABORATORIES INC. UL's Standards for Safety are copyrighted to protect UL's publication rights, not to restrict their use in product design or evaluation. See paragraph E of the Foreword. OCTOBER 1976 STE UNDERGROUND TANK FOR FLAMMABLE AN MBUSTIBLE LIQUIDS - UL 58 3 TABLE OF CONTENTS Foreword 4 General .5 1. Scope 5 2. General 5 3. Capacities, Dimensions, and Metal Thicknesses 5 4. Materials 5 5. Shell Seams 6 6. Heads and Head Joints 7 7. Compartment Tanks 10 8. Pipe Connections 12 9. Manholes 14 10. Heating Coils and Hot Wells 15 Manufacturing and Production Tests 15 11. General 15 Marking 15 12. General 15 FIGURES Shell Seams (Figure 5.1) 6 Heads and Head Joints for all Diameter Tanks (Figure 6.1) 7 Bracing for Unflanged and Flanged Flat Heads and Bulkheads (Figure 6.2) 8 Bulkheads for Compartment Tanks (Figure 7.1) 11 Pipe Connections (Figure 8.1) 12 Conventional Manholes (Figure 9.1) 14 TABLES Thickness of Steel (Table 3.1) 5 Nominal and Minimum Thickness for Uncoated Sheet and Plate Steel (Table 4.1) 6 Nominal and Minimum Thickness for Galvanized Sheet Steel (Table 4.2) 6 Dished Heads - Minimum Height (Table 6.1) 8 Strut Bracing for Unflanged Flat Heads and Bulkheads (Table 6.2) 9 Surface Bracing for Unflanged Flat Heads and Bulkheads (Table 6.3) .9 Surface Bracing for Flanged Flat Bulkheads (Table 6.4) 10 Pipe Connections (Table 8.1) 13 Size of Vent-Pipe Fitting (Table 8.2) 13 Gallon Capacity per Foot of Length Appendix A, Table I 16 Liter Capacity per Meter of Length Appendix A, Table II 16 4 STEEL UNDERGROUND TA OR FLAMMABLE AND COMBUSTIBLE LIQUID UL 58 *NOVEMBER 28, 1977 FOREWORD A. This Standard contains basic requirements for products covered by Underwriters Laboratories Inc. (UL) under its Follow-Up Service for this category within the limitations given below and in the Scope section of this Standard. These requirements are based upon sound engineering principles, research, records of tests and field experience, and an appreciation of the problems of manufacture, installation, and use derived from consultation with and information obtained from manufacturers, users, inspection authorities, and others having specialized experience. They are subject to revision as further experience and investigation may show is necessary or desirable. B. The observance of the requirements of this Standard by a manufacturer is one of the conditions of the continued coverage of the manufacturer's product. C. A product which complies with the text of this Standard will not necessarily be judged to comply with the Standard if, when examined and tested, it is found to have other features which impair the level of safety contemplated by these requirements. D. A product employing materials or having forms of construction differing from those detailed in the requirements of this Standard may be examined and tested according to the intent of the requirements and, if found to be substantially equivalent, may be judged to comply with the Standard. E. UL, in performing its functions in accordance with its objectives, does not assume or undertake to discharge any responsibility of the manufacturer or any other party. The opinions and findings of UL represent its professional judgment given with due consideration to the necessary limitations of practical operation and state of the art at the time the Standard is processed. UL shall not be responsible to anyone for the use of or reliance upon this Standard by anyone. UL shall not incur any obligation or liability for damages, including consequential damages, arising out of or in connection with the use, interpretation of, or reliance upon this Standard. F. Many tests required by the Standards of UL are inherently hazardous and adequate safeguards for personnel and property shall be employed in conducting such tests. *Replaces page 4 dated October 29, 1976 OCTOBER 29,1976 ST UNDERGROUND TANK FOR FLAMMABLE AN OMBUSTIBLE LIQUIDS - UL 58 5 GENERAL 3. Capacities, Dimensions, and Metal Thicknesses 1. Scope 1.1 These requirements cover horizontal 3.1 The overall length of a tank shall be not atmospheric-type steel tanks intended for the greater than six times its diameter. storage underground of flammable and combustible liquids. 3.2 Neither the capacity nor the diameter for the corresponding gage or thickness of metal shall 1.2 These tanks are intended for installation exceed that specified in Table 3.1. and use in accordance with the Standard for the Installation of Oil-Burning Equipment, NFPA No. 3.3 To provide for manufacturing variations, a 31, and the Flammable and Combustible Liquids plus tolerance of 10 percent in maximum capacity Code, NFPA No. 30, of the National Fire Proand a plus tolerance of 5 percent in either the tection Association. maximum diameter or the maximum length will be permitted for tanks constructed of No. 7 gage 1.3 Tanks covered by these requirements are (0.167 inch minimum) (4.24 mm minimum) or cylindrical tanks which are fabricated, inspected, heavier steel. This does not mean that a tank is to and tested for leakage before shipment from the be designed intentionally to have a capacity, factory as completely assembled vessels. diameter, or length greater than the maximum designated above. There is no limit on the minus 2. General tolerances for capacity, diameter, or length. 2.1 Capacities, dimensions, and construction details shall conform to the applicable requirements of this Standard. 4. Materials 2.2 Gallon capacities per foot of length of 4.1 A tank shall be constructed of commercial cylindrical shells having diameters of 24 to 144 quality uncoated or galvanized steel of good inches, inclusive, are given in Appendix A, Table I. welding quality. Only new material shall be used. Capacities in liters (dm³) per meter of length of cylindrical shells having diameters of 600 to 3800 4.2 The thickness of steel, as measured in mm, inclusive, are given in Appendix A, Table II. accordance with paragraph 4.3 shall be not less (Add one-third the height of conical heads to shell than the appropriate minimum value given in Table lengths to obtain total capacity.) 4.1 or 4.2. 4.3 The thickness of steel is to be determined 2.3 If a value for measurement as given in these by five micrometer readings equally spaced along requirements is followed by an equivalent value in the edge of the full piece as rolled. Thickness is to other units, the first stated value is to be regarded be determined on the sheet not less than 3/8 inch as the requirement. A given equivalent value may (9.5 mm) from a cut edge and not less than 3/4 be only approximate. inch (19 mm) from a mill edge. TABLE 3.1 TP-8 THICKNESS OF STEEL Manufacturers' Nominal Thickness Maximum Standard or Capacity Diameter Galvanized Sheet Uncoated Galvanized U.S. Galtons 3 dm Inches m Gage No. Inches mm Inches mm Up to 285 Up to 1078 42 1.07 14 0.075 1.91 0.079 2.01 286 to 560 1082 to 2120 48 1.22 12 0.105 2.67 0.108 2.74 561 to 1100 2124 to 4164 64 1.63 10 0.135 3.43 0.138 3.51 1101 to 4000 4168 to 15142 84 2.13 7 0.179 4.55 4001 to 12,000 15145 to 45425 126 3.20 1/4 inch 0.250 6.35 12,001 to 20,000 45429 to 75708 144 3.66 5/16 inch 0.312 7.92 20,001 to 50,000 75712 to 189270 144 3.66 3/8 inch 0.375 9.53 6 STEEL UNDERGROUND TAN R FLAMMABLE AND COMBUSTIBLE LIQUIDS 58 *NOVEMBER 28, 1977 TABLE 4.2 TABLE 4.1 NOMINAL AND MINIMUM THICKNESS FOR TP-10 NOMINAL AND MINIMUM THICKNESS GALVANIZED SHEET STEEL TP-9 FOR UNCOATED SHEET AND PLATE STEEL Galvanized Nominal Thickness Minimum Thickness Sheet Manufacturers' Nominal Thickness Minimum Thickness Gage No. Inches mm Inches mm Standard 10 0.138 3.51 0.126