[Title 40 CFR 146.34]
[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 146 - UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND]
[Subpart D - Criteria and Standards Applicable to Class III Wells]
[Sec. 146.34 - Information to be considered by the Director.]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT222009-07-012009-07-01falseInformation to be considered by the Director.146.34Sec. 146.34PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)WATER PROGRAMS (CONTINUED)UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA ANDCriteria and Standards Applicable to Class III Wells
Sec. 146.34 Information to be considered by the Director.
This section sets forth the information which must be considered by
the Director in authorizing Class III wells. Certain maps, cross
sections, tabulations of wells within the area of review, and other data
may be included in the application by reference provided they are
current, readily available to the Director (for example, in the
permitting agency's files) and sufficiently identified to be retrieved.
In cases where EPA issues the permit, all the information in this
section must be submitted to the Administrator.
(a) Prior to the issuance of a permit for an existing Class III well
or area to operate or the construction of a new Class III well the
Director shall consider the following:
(1) Information required in 40 CFR 144.31 and 144.31(g);
(2) A map showing the injection well or project area for which a
permit is sought and the applicable area of review. Within the area of
review, the map must show the number or name and location of all
existing producing wells, injection wells, abandoned wells, dry holes,
public water systems and water wells. The map may also show surface
bodies of waters, mines (surface and subsurface), quarries and other
pertinent surface features including residences and roads, and faults if
known or suspected. Only information of public record and pertinent
information known to the applicant is required to be included on this
map.
(3) A tabulation of data reasonably available from public records or
otherwise known to the applicant on wells within the area of review
included on the map required under paragraph (a)(2) of this section
which penetrate the proposed injection zone. Such data shall include a
description of each well's type, construction, date drilled, location,
depth, record of plugging and completion, and any additional information
the Director may require. In cases where the information would be
repetitive and the wells are of similar age, type, and construction the
Director may elect to only require data on a representative number of
wells.
(4) Maps and cross sections indicating the vertical limits of all
underground sources of drinking water within the area of review, their
position relative to the injection formation, and the direction of water
movement, where known, in every underground source of drinking water
which may be affected by the proposed injection:
(5) Maps and cross sections detailing the geologic structure of the
local area;
(6) Generalized map and cross sections illustrating the regional
geologic setting;
(7) Proposed operating data:
(i) Average and maximum daily rate and volume of fluid to be
injected;
(ii) Average and maximum injection pressure; and
(iii) Qualitative analysis and ranges in concentrations of all
constituents of injected fluids. The applicant may request Federal
confidentiality as specified in 40 CFR part 2. If the information is
proprietary an applicant may, in lieu of the ranges in concentrations,
choose to submit maximum concentrations which shall not be exceeded. In
such a case the applicant shall retain records of the undisclosed
concentrations and provide them upon request to the Director as part of
any enforcement investigation.
(8) Proposed formation testing program to obtain the information
required by Sec. 146.32(c).
(9) Proposed stimulation program;
(10) Proposed injection procedure;
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(11) Schematic or other appropriate drawings of the surface and
subsurface construction details of the well;
(12) Plans (including maps) for meeting the monitoring requirements
of Sec. 146.33(b);
(13) Expected changes in pressure, native fluid displacement,
direction of movement of injection fluid;
(14) Contingency plans to cope with all shut-ins or well failures so
as to prevent the migration of contaminating fluids into underground
sources of drinking water;
(15) A certificate that the applicant has assured, through a
performance bond, or other appropriate means, the resources necessary to
close, plug, or abandon the well as required by 40 CFR 144.52(a)(7) and
(16) The corrective action proposed to be taken under 40 CFR 144.55.
(b) Prior to granting approval for the operation of a Class III well
the Director shall consider the following information:
(1) All available logging and testing data on the well;
(2) A satisfactory demonstration of mechanical integrity for all new
wells and for all existing salt solution wells pursuant to Sec. 146.08;
(3) The anticipated maximum pressure and flow rate at which the
permittee will operate;
(4) The results of the formation testing program;
(5) The actual injection procedures; and
(6) The status of corrective action on defective wells in the area
of review.
(c) Prior to granting approval for the plugging and abandonment of a
Class III well the Director shall consider the following information:
(1) The type and number of plugs to be used;
(2) The placement of each plug including the elevation of the top
and bottom;
(3) The type, grade, and quantity of cement to be used;
(4) The method of placement of the plugs; and
(5) The procedure to be used to meet the requirements of Sec.
146.10(c).
(Clean Water Act, Safe Drinking Water Act, Clean Air Act, Resource
Conservation and Recovery Act: 42 U.S.C. 6905, 6912, 6925, 6927, 6974)
[45 FR 42500, June 24, 1980, as amended at 46 FR 43163, Aug. 27, 1981;
47 FR 5001, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983]
Subpart E--Criteria and Standards Applicable to Class IV Injection Wells
[Reserved]