[Title 40 CFR 144.55]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter D - WATER PROGRAMS (CONTINUED)]
[Part 144 - UNDERGROUND INJECTION CONTROL PROGRAM]
[Subpart E - Permit Conditions]
[Sec. 144.55 - Corrective action.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT222009-07-012009-07-01false144.55Sec. 144.55PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)WATER PROGRAMS (CONTINUED)UNDERGROUND INJECTION CONTROL PROGRAMPermit Conditions
Sec. 144.55  Corrective action.

    (a) Coverage. Applicants for Class I, II, (other than existing), or 
III injection well permits shall identify the location of all known 
wells within the injection well's area of review which penetrate the 
injection zone, or in the case of Class II wells operating over the 
fracture pressure of the injection formation, all known wells within the 
area of review penetrating formations affected by the increase in 
pressure. For such wells which are improperly sealed, completed, or 
abandoned, the applicant shall also submit a plan consisting of such 
steps or modifications as are necessary to prevent movement of fluid 
into underground sources of drinking water (``corrective action''). 
Where the plan is adequate, the Director shall incorporate it into the 
permit as a condition. Where the Director's review of an application 
indicates that the permittee's plan is inadequate (based on the factors 
in Sec. 146.07), the Director shall require the applicant to revise the 
plan, prescribe a plan for corrective action as a condition of the 
permit under paragraph (b) of this section, or deny the application. The 
Director may disregard the provisions of Sec. 146.06 (Area of Review) 
and Sec. 146.07 (Corrective Action) when reviewing an application to 
permit an existing Class II well.
    (b) Requirements--(1) Existing injection wells. Any permit issued 
for an existing injection well (other than Class II) requiring 
corrective action shall include a compliance schedule requiring any 
corrective action accepted or prescribed under paragraph (a) of this 
section to be completed as soon as possible.
    (2) New injection wells. No owner or operator of a new injection 
well may

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begin injection until all required corrective action has been taken.
    (3) Injection pressure limitation. The Director may require as a 
permit condition that injection pressure be so limited that pressure in 
the injection zone does not exceed hydrostatic pressure at the site of 
any improperly completed or abandoned well within the area of review. 
This pressure limitation shall satisfy the corrective action 
requirement. Alternatively, such injection pressure limitation can be 
part of a compliance schedule and last until all other required 
corrective action has been taken.
    (4) Class III wells only. When setting corrective action 
requirements the Director shall consider the overall effect of the 
project on the hydraulic gradient in potentially affected USDWs, and the 
corresponding changes in potentiometric surface(s) and flow direction(s) 
rather than the discrete effect of each well. If a decision is made that 
corrective action is not necessary based on the determinations above, 
the monitoring program required in Sec. 146.33(b) shall be designed to 
verify the validity of such determinations.