[Title 40 CFR 147]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Part 147 - STATE UNDERGROUND INJECTION CONTROL PROGRAMS]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
10
1996-07-01
1996-07-01
false
STATE UNDERGROUND INJECTION CONTROL PROGRAMS
147
PART 147
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 147--STATE UNDERGROUND INJECTION CONTROL PROGRAMS--Table of Contents
Subpart A--General Provisions
Sec.
147.1 Purpose and scope.
147.2 Severability of provisions.
[[Page 572]]
Subpart B--Alabama
147.50 State-administered program--Class II wells.
147.51 State-administered program--Class I, III, IV, and V wells.
147.60 EPA-administered program--Indian lands.
Subpart C--Alaska
147.100 State-administered program--Class II wells.
147.101 EPA-administered program.
147.102 Aquifer exemptions.
147.103 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
147.104 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
Subpart D--Arizona
147.150 State-administered program. [Reserved]
147.151 EPA-administered program.
147.152 Aquifer exemptions. [Reserved]
Subpart E--Arkansas
147.200 State-administered program--Class I, III, IV, and V wells.
147.201 State-administered program--Class II wells. [Reserved]
147.205 EPA-administered program--Indian lands.
Subpart F--California
147.250 State-administered program--Class II wells.
147.251 EPA-administered program--Class I, III, IV, and V wells and
Indian lands.
147.252 Aquifer exemptions. [Reserved]
147.253 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
Subpart G--Colorado
147.300 State-administered program--Class II wells.
147.301 EPA-administered program--Class I, III, IV, V wells and Indian
lands.
147.302 Aquifer exemptions.
147.303 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
147.304 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.305 Requirements for all wells.
Subpart H--Connecticut
147.350 State-administered program.
147.351--147.352 [Reserved]
147.353 EPA-administered program--Indian lands.
147.354--147.359 [Reserved]
Subpart I--Delaware
147.400 State-administered program.
147.401--147.402 [Reserved]
147.403 EPA-administered program--Indian lands.
147.404--147.449 [Reserved]
Subpart J--District of Columbia
147.450 State-administered program. [Reserved]
147.451 EPA-administered program.
147.452 Aquifer exemptions. [Reserved]
Subpart K--Florida
147.500 State-administered program--Class I, III, IV, and V wells.
147.501 EPA-administered program--Class II wells and Indian lands.
147.502 Aquifer exemptions. [Reserved]
147.503 Existing Class II (except enhanced recovery and hydrocarbon
storage) wells authorized by rule.
147.504 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
Subpart L--Georgia
147.550 State-administered program.
147.551--147.552 [Reserved]
147.553 EPA-administered program--Indian lands.
147.554--147.559 [Reserved]
Subpart M--Hawaii
147.600 State-administered program. [Reserved]
147.601 EPA-administered program.
Subpart N--Idaho
147.650 State-administrative program--Class I, II, III, IV, and V
wells.
147.651 EPA-administered program--Indian lands.
147.652 Aquifer exemptions. [Reserved]
Subpart O--Illinois
147.700 State-administered program--Class I, III, IV, and V wells.
147.701 State-administered program--Class II wells.
147.703 EPA-administered program--Indian lands.
Subpart P--Indiana
147.750 State-administered program--Class II wells.
147.751 EPA-administered program.
[[Page 573]]
147.752 Aquifer exemptions. [Reserved]
147.753 Existing Class I and III wells authorized by rule.
Subpart Q--Iowa
147.800 State-administered program. [Reserved]
147.801 EPA-administered program.
147.802 Aquifer exemptions. [Reserved]
Subpart R--Kansas
147.850 State-administered program--Class I, III, IV and V wells.
147.851 State-administered program--Class II wells.
147.852--147.859 [Reserved]
147.860 EPA-administered program--Indian lands.
Subpart S--Kentucky
147.900 State-administered program. [Reserved]
147.901 EPA-administered program.
147.902 Aquifer exemptions. [Reserved]
147.903 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
147.904 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.905 Requirements for all wells--area of review.
Subpart T--Louisiana
147.950 State-administered program.
147.951 EPA-administered program--Indian lands.
Subpart U--Maine
147.1000 State-administered program.
147.1001 EPA-administered program--Indian lands.
Subpart V--Maryland
147.1050 State-administered program--Class I, II, III, IV, and V wells.
147.1051--147.1052 [Reserved]
147.1053 EPA-administered program--Indian lands.
147.1054--147.1099 [Reserved]
Subpart W--Massachusetts
147.1100 State-administered program.
147.1101 EPA-administered program--Indian lands.
Subpart X--Michigan
147.1150 State-administered program. [Reserved]
147.1151 EPA-administered program.
147.1152 Aquifer exemptions. [Reserved]
147.1153 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
147.1154 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.1155 Requirements for all wells.
Subpart Y--Minnesota
147.1200 State-administered program. [Reserved]
147.1201 EPA-administered program.
147.1202 Aquifer exemptions. [Reserved]
147.1210 Requirements for Indian lands.
Subpart Z--Mississippi
147.1250 State-administered program--Class I, III, IV, and V wells.
147.1251 State-administered program--Class II wells.
147.1252 EPA-administered program--Indian lands.
Subpart AA--Missouri
147.1300 State-administered program.
147.1301 State-administered program--Class I, III, IV, and V wells.
147.1302 Aquifer exemptions. [Reserved]
147.1303 EPA-administered program--Indian lands.
Subpart BB--Montana
147.1350 State-administered program. [Reserved]
147.1351 EPA-administered program.
147.1352 Aquifer exemptions.
147.1353 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
147.1354 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.1355 Requirements for all wells.
Subpart CC--Nebraska
147.1400 State-administered program--Class II wells.
147.1401 State-administered program--Class I, III, IV, and V wells.
147.1402 Aquifer exemptions. [Reserved]
147.1403 EPA-administered program--Indian lands.
Subpart DD--Nevada
147.1450 State-administered program.
147.1451 EPA-administered program--Indian lands.
147.1452 Aquifer exemptions. [Reserved]
147.1453 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
[[Page 574]]
147.1454 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
Subpart EE--New Hampshire
147.1500 State-administered program.
147.1501 EPA-administered program--Indian lands.
Subpart FF--New Jersey
147.1550 State-administered program.
147.1551 EPA-administered program--Indian lands.
Subpart GG--New Mexico
147.1600 State-administered program--Class II wells.
147.1601 State-administered program--Class I, III, IV and V wells.
147.1603 EPA-administered program--Indian lands.
Subpart HH--New York
147.1650 State-administered program. [Reserved]
147.1651 EPA-administered program.
147.1652 Aquifer exemptions.
147.1653 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
147.1654 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.1655 Requirements for wells authorized by permit.
Subpart II--North Carolina
147.1700 State-administered program.
147.1701--147.1702 [Reserved]
147.1703 EPA-administered program--Indian lands.
147.1704--147.1749 [Reserved]
Subpart JJ--North Dakota
147.1750 State-administered program--Class II wells.
147.1751 State-administered program--Class I, III, IV and V wells.
147.1752 EPA-administered program--Indian lands.
Subpart KK--Ohio
147.1800 State-administered program--Class II wells.
147.1801 State-administered program--Class I, III, IV and V wells.
147.1802 Aquifer exemptions. [Reserved]
147.1803 Existing Class I and III wells authorized by rule--maximum
injection pressure.
147.1805 EPA-administered program--Indian lands.
Subpart LL--Oklahoma
147.1850 State-administered program--Class I, III, IV and V wells.
147.1851 State-administered program--Class II wells.
147.1852 EPA-administered program--Indian lands.
Subpart MM--Oregon
147.1900 State-administered program.
147.1901 EPA-administered program--Indian lands.
Subpart NN--Pennsylvania
147.1950 State-administered program. [Reserved]
147.1951 EPA-administered program.
147.1952 Aquifer exemptions.
147.1953 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
147.1954 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.1955 Requirements for wells authorized by permit.
Subpart OO--Rhode Island
147.2000 State-administered program--Class I, II, III, IV, and V wells.
147.2001 EPA-administered program--Indian lands.
Subpart PP--South Carolina
147.2050 State-administered program.
147.2051 EPA-administered program--Indian lands.
Subpart QQ--South Dakota
147.2100 State-administered program--Class II wells.
147.2101 EPA-administered program--Class I, III, IV and V wells and all
wells on Indian lands.
147.2102 Aquifer exemptions.
147.2103 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.2104 Requirements for all wells.
Subpart RR--Tennessee
147.2150 State-administered program. [Reserved]
147.2151 EPA-administered program.
147.2152 Aquifer exemptions. [Reserved]
147.2153 Existing Class I, II (except enhanced recovery and hydrocarbon
storage) and III wells authorized by rule.
[[Page 575]]
147.2154 Existing Class II enhanced recovery and hydrocarbon storage
wells authorized by rule.
147.2155 Requirements for all wells--area of review.
Subpart SS--Texas
147.2200 State-administered program--Class I, III, IV, and V wells.
147.2201 State-administered program--Class II wells.
147.2205 EPA-administered program--Indian lands.
Subpart TT--Utah
147.2250 State-administered program--Class I, III, IV, and V wells.
147.2251 State-administered program--Class II wells.
147.2253 EPA-administered program--Indian lands.
Subpart UU--Vermont
147.2300 State-administered program.
147.2301--147.2302 [Reserved]
147.2303 EPA-administered program--Indian lands.
Subpart VV--Virginia
147.2350 State-administered program. [Reserved]
147.2351 EPA-administered program.
147.2352 Aquifer exemptions. [Reserved]
Subpart WW--Washington
147.2400 State-administered program--Class I, II, III, IV, and V wells.
147.2403 EPA-administered program--Indian lands.
147.2404 EPA-administered program--Colville Reservation.
Subpart XX--West Virginia
147.2450--147.2452 [Reserved]
147.2453 EPA-administered program--Indian lands.
147.2454--147.2499 [Reserved]
Subpart YY--Wisconsin
147.2500 State-administered program.
147.2510 EPA-administered program--Indian lands.
Subpart ZZ--Wyoming
147.2550 State-administered program--Class I, III, IV, and V wells.
147.2551 State-administered program--Class II wells.
147.2553 EPA-administered program--Indian lands.
147.2554 Aquifer exemptions.
Subpart AAA--Guam
147.2600 State-administered program.
147.2601 EPA-administered program--Indian lands.
Subpart BBB--Puerto Rico
147.2650 State-administered program--Class I, II, III, IV, and V wells.
147.2651 EPA-administered program--Indian lands.
Subpart CCC--Virgin Islands
147.2700 State-administered program. [Reserved]
147.2701 EPA-administered program.
Subpart DDD--American Samoa
147.2750 State administered program. [Reserved]
147.2751 EPA-administered program.
147.2752 Aquifer exemptions. [Reserved]
Subpart EEE--Commonwealth of the Northern Mariana Islands
147.2800 State-administered program--Class I, II, III, IV, and V wells.
147.2801 EPA-administered program.
147.2802 Aquifer exemptions. [Reserved]
Subpart FFF--Trust Territory of the Pacific Islands
147.2850 State-administered program. [Reserved]
147.2851 EPA-administered program.
147.2852 Aquifer exemptions. [Reserved]
Subpart GGG--Osage Mineral Reserve--Class II Wells
147.2901 Applicability and scope.
147.2902 Definitions.
147.2903 Prohibition of unauthorized injection.
147.2904 Area of review.
147.2905 Plugging and abandonment.
147.2906 Emergency permits.
147.2907 Confidentiality of information.
147.2908 Aquifer exemptions.
147.2909 Authorization of existing wells by rule.
147.2910 Duration of authorization by rule.
147.2911 Construction requirements for wells authorized by rule.
147.2912 Operating requirements for wells authorized by rule.
147.2913 Monitoring and reporting requirements for wells authorized by
rule.
147.2914 Corrective action for wells authorized by rule.
147.2915 Requiring a permit for wells authorized by rule.
[[Page 576]]
147.2916 Coverage of permitting requirements.
147.2917 Duration of permits.
147.2918 Permit application information.
147.2919 Construction requirements for wells authorized by permit.
147.2920 Operating requirements for wells authorized by permit.
147.2921 Schedule of compliance.
147.2922 Monitoring and reporting requirements for wells authorized by
permit.
147.2923 Corrective action for wells authorized by permit.
147.2924 Area permits.
147.2925 Standard permit conditions.
147.2926 Permit transfers.
147.2927 Permit modification.
147.2928 Permit termination.
147.2929 Administrative permitting procedures.
Subpart HHH--Lands of the Navajo, Ute Mountain Ute, and All Other New
Mexico Tribes
147.3000 EPA-administered program.
147.3001 Definition.
147.3002 Public notice of permit actions.
147.3003 Aquifer exemptions.
147.3004 Duration of rule authorization for existing Class I and III
wells.
147.3005 Radioactive waste injection wells.
147.3006 Injection pressure for existing Class II wells authorized by
rule.
147.3007 Application for a permit.
147.3008 Criteria for aquifer exemptions.
147.3009 Area of review.
147.3010 Mechanical integrity tests.
147.3011 Plugging and abandonment of Class III wells.
147.3012 Construction requirements for Class I wells.
147.3013 Information to be considered for Class I wells.
147.3014 Construction requirements for Class III wells.
147.3015 Information to be considered for Class III wells.
147.3016 Criteria and standards applicable to Class V wells.
Appendix A to Subpart HHH--Exempted Aquifers in New Mexico.
Subpart III--Lands of Certain Oklahoma Indian Tribes
147.3100 EPA-administered program.
147.3101 Public notice of permit actions.
147.3102 Plugging and abandonment plans.
147.3103 Fluid seals.
147.3104 Notice of abandonment.
147.3105 Plugging and abandonment report.
147.3106 Area of review.
147.3107 Mechanical integrity.
147.3108 Plugging Class I, II, and III wells.
147.3109 Timing of mechanical integrity test.
Authority: 42 U.S.C. 300h; and 42 U.S.C. 6901 et seq.
Source: 49 FR 20197, May 11, 1984, unless otherwise noted.
Subpart A--General Provisions
Sec. 147.1 Purpose and scope.
(a) This part sets forth the applicable Underground Injection
Control (UIC) programs for each of the states, territories, and
possessions identified pursuant to the Safe Drinking Water Act (SDWA) as
needing a UIC program.
(b) The applicable UIC program for a State is either a State-
administered program approved by EPA, or a federally-administered
program promulgated by EPA. In some cases, the UIC program may consist
of a State-administered program applicable to some classes of wells and
a federally-administered program applicable to other classes of wells.
Approval of a State program is based upon a determination by the
Administrator that the program meets the requirements of section 1422 or
section 1425 of the Safe Drinking Water Act and the applicable
provisions of parts 124, 144, and 146 of this chapter. A federally-
administered program is promulgated in those instances where the state
has failed to submit a program for approval or where the submitted
program does not meet the minimum statutory and regulatory requirements.
(c) In the case of State programs approved by EPA pursuant to
section 1422 of the SDWA, each State subpart describes the major
elements of such programs, including State statutes and regulations,
Statement of Legal Authority, Memorandum of Agreement, and Program
Description. State statutes and regulations that contain standards,
requirements, and procedures applicable to owners or operators have been
incorporated by reference pursuant to regulations of the Office of the
Federal Register. Material incorporated by reference is available for
inspection in the appropriate EPA Regional Office, in EPA Headquarters,
and at the Office of the Federal Register Information Center, Room 8301,
800 North Capitol Street, NW., suite
[[Page 577]]
700, Washington, DC. Other State statutes and regulations containing
standards and procedures that constitute elements of the State program
but do not apply directly to owners or operators have been listed but
have not been incorporated by reference.
(d) In the case of State programs promulgated under section 1422
that are to be administered by EPA, the State subpart makes applicable
the provisions of parts 124, 144, and 146, and provides additional
requirements pertinent to the specific State program.
(e) Regulatory provisions incorporated by reference (in the case of
approved State programs) or promulgated by EPA (in the case of EPA-
administered programs), and all permit conditions or permit denials
issued pursuant to such regulations, are enforceable by the
Administrator pursuant to section 1423 of the SDWA.
(f) The information requirements located in the following sections
have been cleared by the Office of Management and Budget: Sections
147.104, 147.304, 147.754, 147.904, 147.1154, 147.1354, 147.1454,
147.1654, 147.1954, and 147.2154.
The OMB clearance number is No. 2040-0042.
Sec. 147.2 Severability of provisions.
The provisions in this part and the various applications thereof are
distinct and severable. If any provision of this part or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or application of such provision to
other persons or circumstances which can be given effect without the
invalid provision or application.
Subpart B--Alabama
Sec. 147.50 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Alabama, except
those on Indian lands, is the program administered by the State Oil and
Gas Board of Alabama, approved by EPA pursuant to section 1425 of the
SDWA. Notice of this approval was published in the Federal Register on
August 2, 1982 (47 FR 33268); the effective date of this program is
August 2, 1982. This program consists of the following elements, as
submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Alabama. This incorporation by reference
was approved by the Director of the Federal Register on June 25, 1984.
(1) Code of Alabama Sections 9-17-1 through 9-17-109 (Cumm. Supp.
1989);
(2) State Oil and Gas Board of Alabama Administrative Code, Oil and
Gas Report 1 (supplemented through May 1989), Rules and Regulations
Governing the Conservation of Oil and Gas in Alabama, and Oil and Gas
Statutes of Alabama with Oil and Gas Board Forms, Sec. 400-1-2 and
Sec. 400-1-5-.04.
(b) The Memorandum of Agreement between EPA Region IV and the
Alabama Oil and Gas Board, signed by the EPA Regional Administrator on
June 15, 1982.
(c) Statement of legal authority. ``State Oil and Gas Board has
Authority to Carry Out Underground Injection Control Program Relating to
Class II Wells as Described in Federal Safe Drinking Water Act--Opinion
by Assistant Attorney General,'' May 28, 1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43086, Oct. 25, 1988; 56
FR 9411, Mar. 6, 1991]
Sec. 147.51 State-administered program--Class I, III, IV, and V wells.
The UIC program for Class I, III, IV and V wells in the State of
Alabama, except those on Indian lands, is the program administered by
the Alabama Department of Environmental Management, approved by EPA
pursuant to section 1422 of the SDWA. Notice of this approval was
published in the Federal Register on August 25, 1983 (48 FR 38640); the
effective date of this program is August 25, 1983. This program consists
of the following elements, as submitted to EPA in the State's program
application:
[[Page 578]]
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Alabama. This incorporation by reference
was approved by the Director of the Federal Register on June 25, 1984.
(1) Alabama Water Pollution Control Act, Code of Alabama 1975,
sections 22-22-1 through 22-22-14 (1980 and Supp. 1983);
(2) Regulations, Policies and Pro-
cedures of the Alabama Water Improvement Commission, Title I
(Regulations) (Rev. December 1980), as amended May 17, 1982, to add
Chapter 9, Underground Injection Control Regulations (effective June 10,
1982), as amended April 6, 1983 (effective May 11, 1983).
(b) The Memorandum of Agreement between EPA Region IV and the
Alabama Department of Environment Management, signed by the EPA Regional
Administrator on May 24, 1983.
(c) Statement of legal authority. (1) ``Water Pollution--Public
Health--State has Authority to Carry Out Underground Injection Control
Program Described in Federal Safe Drinking Water Act--Opinion by Legal
Counsel for the Water Improvement Commission,'' June 25, 1982;
(2) Letter from Attorney, Alabama Water Improvement Commission, to
Regional Administrator, EPA Region IV, ``Re: AWIC Response to Phillip
Tate's (U.S. EPA, Washington) Comments on AWIC's Final Application for
Class I, III, IV, and V UIC Program,'' September 21, 1982;
(3) Letter from Alabama Chief Assistant Attorney General to Regional
Counsel, EPA Region IV, ``Re: Status of Independent Legal Counsel in
Alabama Water Improvement Commission's Underground Injection Control
Program,'' September 14, 1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43086, Oct. 25, 1988]
Sec. 147.60 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in Alabama is administered by EPA. This program consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148 and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Alabama is November 25, 1988.
[53 FR 43086, Oct. 25, 1988, as amended at 56 FR 9411, Mar. 6, 1991]
Subpart C--Alaska
Sec. 147.100 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Alaska, other
than those on Indian lands, is the program administered by the Alaska
Oil and Gas Conservation Commission approved by EPA pursuant to Section
1425 of the SDWA. Notice of this approval was published in the Federal
Register [May 6, 1986]; the effective date of this program is June 19,
1986. This program consists of the following elements, as submitted to
EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Alaska. This incorporation by reference
was approved by the Director of the Federal Register effective June 19,
1986.
(1) Alaska Statutes, Alaska Oil and Gas Conservation Act, Title 31,
Secs. 31.05.005 through 31.30.010 (1979 and Cum. Supp. 1984);
(2) Alaska Statutes, Administrative Procedures Act, Title 44,
Secs. 44.62.010 through 44.62.650 (1984);
(3) Alaska Administrative Code, Alaska Oil and Gas Conservation
Commission, 20 AAC 25.005 through 20 AAC 25.570 (Supp. 1986).
(b) Memorandum of Agreement. The Memorandum of Agreement between
[[Page 579]]
EPA Region 10, and the Alaska Oil and Gas Conservation Commission,
signed by the EPA Regional Administrator on January 29, 1986, as amended
on June 21, 1988.
(c) Statement of Legal Authority. Statement from the Attorney
General of the State of Alaska, signed by the Assistant Attorney General
on December 10, 1985.
(d) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[51 FR 16684, May 6, 1986, as amended at 56 FR 9411, Mar. 6, 1991]
Sec. 147.101 EPA-administered program.
(a) Contents. The UIC program in the State of Alaska for Class I,
III, IV, and V wells, and for all classes of wells on Indian lands, is
administered by EPA. This program consists of the UIC program
requirements of 40 CFR parts 124, 144, 146, 148, and any additional
requirements set forth in the remainder of this subpart. Injection well
owners and operators, and EPA shall comply with these requirements.
(b) Effective dates. The effective date of the UIC program for all
non-Class II wells in Alaska and for all wells on Indian lands, is June
25, 1984.
[52 FR 17680, May 11, 1987, as amended at 56 FR 9412, Mar. 6, 1991]
Sec. 147.102 Aquifer exemptions.
(a) This section identifies any aquifers or their portions exempted
in accordance with Secs. 144.7(b) and 146.4 of this chapter at the time
of program promulgation. EPA may in the future exempt other aquifers or
portions, according to applicable procedures, without codifying such
exemptions in this section. An updated list of exemptions will be
maintained in the Regional office.
(b) The following aquifers are exempted in accordance with the
provisions of Secs. 144.7(b) and 146.4 of this chapter for Class II
injection activities only:
(1) The portions of aquifers in the Kenai Peninsula, greater than
the indicated depths below the ground surface, and described by a \1/4\
mile area beyond and lying directly below the following oil and gas
producing fields:
(i) Swanson River Field--1700 feet.
(ii) Beaver Creek Field--1650 feet.
(iii) Kenai Gas Field--1300 feet.
(2) The portion of aquifers beneath Cook Inlet described by a \1/4\
mile area beyond and lying directly below the following oil and gas
producing fields:
(i) Granite Point.
(ii) McArthur River Field.
(iii) Middle Ground Shoal Field.
(iv) Trading Bay Field.
(3) The portions of aquifers on the North Slope described by a \1/4\
mile area beyond and lying directly below the Kuparuk River Unit oil and
gas producing field.
Sec. 147.103 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable; or
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.733-0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of inject fluid (unitless)
d=injection depth in feet.
Sec. 147.104 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
maximum injection pressures after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure; or
[[Page 580]]
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressure based on data provided pursuant to
paragraph (a)(2)(ii) of this section the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within 1 year of the effective date of this
program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) as needed to protect USDWs.
Subpart D--Arizona
Sec. 147.150 State-administered program. [Reserved]
Sec. 147.151 EPA-administered program.
(a) Contents. The UIC program that applies to all injection
activities in Arizona, including those on Indian lands, is administered
by EPA. The UIC program for Navajo Indian lands consists of the
requirements contained in subpart HHH of this part. The program for all
injection activity except that on Navajo Indian lands consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date for the UIC program in
Arizona, except for the lands of the Navajo Indians, is June 25, 1984.
The effective date for the UIC program on the lands of the Navajo is
November 25, 1988.
[53 FR 43086, Oct. 25, 1988, as amended at 56 FR 9412, Mar. 6, 1991]
Sec. 147.152 Aquifer exemptions. [Reserved]
Subpart E--Arkansas
Sec. 147.200 State-administered program--Class I, III, IV, and V wells.
The UIC program for Class I, III, IV and V wells in the State of
Arkansas, except those wells on Indian lands, is
[[Page 581]]
the program administered by the Arkansas Department of Pollution Control
and Ecology approved by EPA pursuant to section 1422 of the SDWA. Notice
of this approval was published in the Federal Register on July 6, 1982
(47 FR 29236); the effective date of this program is July 6, 1982. This
program consists of the following elements, as submitted to EPA in the
State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Arkansas. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Arkansas Water and Air Pollution Control Act, Act 472 of 1949 as
amended, Arkansas Statutes Annotated sections 82-1901 through 82-1943
(1976);
(2) Act 105 of 1939, Arkansas Statutes Annotated sections 53-101
through 53-130 (1971 and Supp. 1981); Act 937 of 1979, Arkansas Statutes
Annotated sections 53-1301 through 53-1320 (Supp. 1981); Act 523 of
1981;
(3) Arkansas Underground Injection Control Code, Department of
Pollution Control and Ecology, promulgated January 22, 1982;
(4) General Rule and Regulations, Arkansas Oil and Gas Commission
(Order No. 2-39, revised July 1972);
(5) Arkansas Hazardous Waste Management Code, Department of
Pollution Control and Ecology, promulgated August 21, 1981.
(b) The Memorandum of Agreement and Addendum No. 1 to the Memorandum
of Agreement, between EPA Region VI and the Arkansas Department of
Pollution Control and Ecology and the Arkansas Oil and Gas Commission,
signed by the EPA Regional Administrator on May 25, 1982.
(c) Statement of legal authority. (1) Letter from Chief Attorney,
Arkansas Department of Pollution Control and Ecology, to Acting Regional
Administrator, EPA Region VI, ``Re: Legal Authority of the Department of
Pollution Control and Ecology of the State of Arkansas to Administer an
Underground Injection Control Program,'' July 29, 1981;
(2) Letter from Chief Attorney, Arkansas Department of Pollution
Control and Ecology, to Acting Regional Counsel, EPA Region VI, ``Re:
Addendum to Legal Statement--Underground Injection Control Program,''
October 13, 1981;
(3) Letter from General Counsel, Arkansas Oil and Gas Commission, to
Acting Regional Counsel, EPA Region VI, ``Re: Supplemental Addendum to
Legal Statement--Underground Injection Control Program,'' October 20,
1981;
(4) Letter from Chief Attorney, Arkansas Department of Pollution
Control and Ecology, to Attorney, Office of Regional Counsel, EPA Region
VI (re: status as independent legal counsel), December 31, 1981;
(5) Letter from General Counsel, Arkansas Oil and Gas Commission, to
Acting Regional Counsel, EPA Region VI, ``Re: Supplemental Addendum to
Legal Statement--Underground Injection Control Program,'' January 13,
1982;
(6) Letter from Chief Counsel, Arkansas Department of Pollution
Control and Ecology, to Acting Regional Counsel, EPA Region VI, ``Re:
Addendum to Legal Statement--Underground Injection Control Program,''
February 15, 1982;
(7) Letter from Chief Counsel, Arkansas Department of Pollution
Control and Ecology, to Acting Regional Counsel, EPA Region VI, ``Re:
Addendum to Legal Statement--Underground Injection Control Program,''
May 13, 1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43086, Oct. 25, 1988]
Sec. 147.201 State-administered program--Class II wells. [Reserved]
Sec. 147.205 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in Arkansas is administered by EPA. This program consists of the
UIC program requirements of 40 CFR parts 124, 144,
[[Page 582]]
146, 148 and any additional requirements set forth in this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Arkansas is November 25, 1988.
[53 FR 43086, Oct. 25, 1988, as amended at 56 FR 9412, Mar. 6, 1991]
Subpart F--California
Sec. 147.250 State-administered program--Class II wells.
The UIC program for Class II wells in the State of California,
except those on Indian lands, is the program administered by the
California Division of Oil and Gas, approved by EPA pursuant to SDWA
section 1425.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of California. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) California Laws for Conservation of Petroleum and Gas,
California Public Resources Code Div. 3, Chapt. 1, Secs. 3000-3359
(1989);
(2) California Administrative Code, title 14, Secs. 1710 to 1724.10
(May 28, 1988).
(b) The Memorandum of Agreement between EPA Region IX and the
California Division of Oil and Gas, signed by the EPA Regional
Administrator on September 29, 1982.
(c) Statement of legal authority. (1) Letter from California Deputy
Attorney General to the Administrator of EPA, ``Re: Legal Authority of
California Division of Oil and Gas to Carry Out Class II Injection Well
Program,'' April 1, 1981;
(2) Letter from California Deputy Attorney General to Chief of
California Branch, EPA Region IX, ``Re: California Application for
Primacy, Class II UIC Program,'' December 3, 1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 52 FR 17681, May 11, 1987; 56
FR 9412, Mar. 6, 1991]
Sec. 147.251 EPA-administered program--Class I, III, IV and V wells and Indian lands.
(a) Contents. The UIC program in the State of California for Class
I, III, IV and V wells, and for all classes of wells on Indian lands, is
administered by EPA. The program consists of the UIC program
requirements of 40 CFR parts 124, 144, 146, 148, and any additional
requirements set forth in the remainder of this subpart. Injection well
owners and operators, and EPA shall comply with these requirements.
(b) Effective dates. The effective date for the UIC program for all
lands in California, including Indian lands, is June 25, 1984.
[52 FR 17681, May 11, 1987, as amended at 56 FR 9412, Mar. 6, 1991]
Sec. 147.252 Aquifer exemptions. [Reserved]
Sec. 147.253 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable; or
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.733-0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of inject fluid (unitless)
d=injection depth in feet.
Subpart G--Colorado
Sec. 147.300 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Colorado, except
those wells on Indian Lands, is the program administered by the Colorado
Oil and
[[Page 583]]
Gas Commission approved by EPA pursuant to section 1425 of the SDWA.
Notice of this approval was published in the FR on April 2, 1984 (49 FR
13040); the effective date of this program is April 2, 1984. This
program consists of the following elements, as submitted to EPA in the
State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Colorado. This incorporation by
reference was approved by the Director of the OFR in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the State of
Colorado Oil and Gas Conservation Commission, Department of Natural
Resources, Suite 380 Logan Tower Building, 1580 Logan Street, Denver,
Colorado, 80203. Copies may be inspected at the Environmental Protection
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado,
80202-2405, or at the Office of the Federal Register, 800 North Capitol
Street NW., suite 700, Washington, DC.
(1) Colorado Revised Statutes, 1989 replacement volume, Section 34-
60-101 through 34-60-123;
(2) Colorado Revised Statutes, 1989 replacement volume, Section 25-
8-101 through 25-8-612;
(3) Rules and Regulations, Rules of Practice and Procedure, and Oil
and Gas Conservation Act (As Amended) Department of Natural Resources,
Oil and Gas Conservation Commission of the State of Colorado (revised
July 1989);
(4) Oil and Gas Conservation Commission Revised Rules and
Regulations in the 300, 400, 500, and 600 series, effective March 20,
1989.
(b) Memorandum of agreement. The Memorandum of Agreement between EPA
Region VIII and the Colorado Oil and Gas Conservation Commission, signed
by the EPA Regional Administrator on March 3, 1984 and amended on August
30, 1989.
(c) Statement of legal authority. (1) Letter from Colorado Assistant
Attorney General to the Acting Regional Counsel, EPA Region VIII, ``Re:
Class II Well Underground Injection Control Program of Colorado Oil and
Gas Conservation Commission'', March 15, 1983;
(2) Letter from Colorado Assistant Attorney General to the Acting
Regional Counsel, EPA Region VIII, ``Re: Class II Well Injection Control
Program of Colorado Oil and Gas Conservation Commission'', April 29,
1983;
(3) Letter from Colorado Assistant Attorney General to the Acting
Regional Counsel, EPA Region VIII, ``Re: Class II Underground Injection
Control Program of Colorado Oil and Gas Conservation Commission,
interpretation of C.R.S. 1973, 34-60-110'', July 11, 1983;
(4) Letter from Colorado Assistant Attorney General to the Acting
Regional Counsel, EPA Region VIII, ``Re: Class II Well Underground
Injection Control Program of Colorado Oil and Gas Conservation
Commission'', February 17, 1984;
(5) Memorandum from Colorado Assistant Attorney General to the
Acting Regional Counsel, EPA Region VIII, ``Re: Authority to set and
enforce maximum pressure for injecting fluids into Class II wells with
existing permits'', March 7, 1984.
(d) Program description. The Program Description and any other
materials submitted as part of the application or as supplements
thereto:
(1) Application and accompanying materials for approval of
Colorado's UIC program for Class II wells submitted by the Director of
the Colorado Oil and Gas Conservation Commission to the Regional
Administrator, May 3, 1983;
(2) Supplemental amendment to Colorado's application for primacy for
the UIC program for Class II wells describing the process through which
the State will ensure enforceable limits for maximum injection pressure,
describing the Commission's plan of administration for Class II wells,
and describing Mechanical Integrity Test procedures for Class II wells,
March 7, 1984;
(3) Official correspondence concerning various program issues
between the Colorado Oil and Gas Conservation Commission and EPA Region
VIII, for the period from March 7, 1984 to May 8, 1989.
[56 FR 9412, Mar. 6, 1991]
[[Page 584]]
Sec. 147.301 EPA-administered program--Class I, III, IV, V wells and Indian lands.
(a) Contents. The UIC program for Class I, III, IV and V wells on
all lands in Colorado, including Indian lands, and for Class II wells on
Indian lands, is administered by EPA. The program for all EPA-
administered wells in Colorado other than Class II wells on the lands of
the Ute Mountain Ute consists of the UIC program requirements of 40 CFR
Parts 124, 144, 146, 148, and any additional requirements set forth in
the remainder of this subpart. Injection well owners and operators, and
EPA shall comply with these requirements.
(b) Effective dates. The effective date for the UIC program on all
lands in Colorado, including Indian lands, except for Class II wells on
lands of the Ute Mountain Ute, is June 25, 1984.
[52 FR 17681, May 11, 1987, as amended at 56 FR 9413, Mar. 6, 1991]
Sec. 147.302 Aquifer exemptions.
(a) This section identifies any aquifers of their portions exempted
in accordance with Secs. 144.7(b) and 146.4 of this chapter at the time
of program promulgation. EPA may in the future exempt other aquifers or
portions according to applicable procedures without codifying such
exemptions in this section. An updated list of exemptions will be
maintained in the Regional office.
(b) For all aquifers into which existing Class II wells are
injecting, those portions within a \1/4\ mile radius of the well are
exempted for the purpose of Class II injection activities only.
Sec. 147.303 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable; or
(b) A value for wellhead pressure calculated by using the following
formula;
Pm=(0.733-0.433 Sg)d
where:
Pm=injection pressure at the wellhead in pounds per square inch
Sg=specific gravity of injected fluid (unitless)
d=injection depth in feet.
Sec. 147.304 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirements of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressures based on data provided pursuant to
paragraph (a)(2)(ii) of this section the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves
[[Page 585]]
such submission. The data shall be submitted to the Regional
Administrator within one year of the effective date of this program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistent to deterioration from formation and
injection fluids; and
(iii) In quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) as needed to protect USDWs.
Sec. 147.305 Requirements for all wells.
(a) The owner or operator converting an existing well to an
injection well shall check the condition of the casing with one of the
following logging tools:
(1) A Pipe analysis log; or
(2) A Caliper log.
(b) The owner or operator of a new injection well cased with plastic
(PVC, ABS, and others) casings shall:
(1) Not construct a well deeper than 500 feet;
(2) Use cement and additives compatible with such casing material;
(3) Cement the annular space above the injection interval from the
bottom of the blank casing to the surface.
(c) The owner or operator of a newly drilled well shall install
centralizers as directed by the Regional Administrator.
(d) The owner or operator shall as required by the Regional
Administrator:
(1) Protect USDWs by:
(i) Setting surface casing 50 feet below the base of the lowermost
USDW;
(ii) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(iii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may approve alternate casing and
cementing practices provided that the owner or operator demonstrates
that such practices will adequately protect USDWs.
(e) Area of review. Notwithstanding the alternatives presented in
Sec. 146.6 of this chapter, the area of review shall be a fixed radius
as described in Sec. 146.6(b) of this chapter.
(f) The applicant must give separate notice of intent to apply for a
permit to each owner or tenant of the land within one-quarter mile of
the site. The addresses of those to whom notice is given, and a
description of how notice is given, shall be submitted with the permit
application. The notice shall include:
(1) Name and address of applicant;
(2) A brief description of the planned injection activities,
including well location, name and depth of the injection
[[Page 586]]
zone, maximum injection pressure and volume, and fluid to be injected;
(3) EPA contact person; and
(4) A statement that opportunity to comment will be announced after
EPA prepares a draft permit. This requirement may be waived by the
Regional Administrator when he determines that individual notice to all
land owners and tenants would be impractical.
Subpart H--Connecticut
Sec. 147.350 State-administered program.
The UIC program for all classes of wells in the State of
Connecticut, except those wells on Indian lands, is the program
administered by the Connecticut Department of Environmental Protection
approved by EPA pursuant to section 1422 of the SDWA. Notice of this
approval was published in the FR on March 26, 1984 (49 FR 11179); the
effective date of this program is March 26, 1984. This program consists
of the following elements, as submitted to EPA in the State's program
application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made part of the applicable UIC program
under the SDWA for the State of Connecticut. This incorporation by
reference was approved by the Director of the OFR in accordance with 5
U.S.C. 552(a) and CFR part 51. Copies may be obtained at the State of
Connecticut, Department of Environmental Protection, State Office
Building, 165 Capitol Avenue, Hartford, Connecticut, 06106. Copies may
be inspected at the Environmental Protection Agency, Region I, John F.
Kennedy Federal Building, room 2203, Boston, Massachusetts, 02203, or at
the Office of the Federal Register, 800 North Capitol Street NW., suite
700, Washington, DC.
(1) Connecticut General Statutes Annotated, title 22a (Environmental
Protection), chapter 439, sections 22a-1 through 22a-27 (1985 and Cumm.
Supp. 1990);
(2) Connecticut General Statutes Annotated, Title 22a (Environmental
Protection), Chapter 446K (1985 and Cumm. Supp. 1990).
(b) Memorandum of Agreement. The Memorandum of Agreement between EPA
Region I and the Connecticut Department of Environmental Protection,
signed by the EPA Regional Administrator on August 9, 1983.
(c) Statement of legal authority. (1) Statement from the Attorney
General of the State of Connecticut, signed by the Attorney General on
May 8, 1981;
(2) Addendum to the Statement from the Attorney General of the State
of Connecticut, signed by the Attorney General on May 10, 1983.
(d) Program Description. The Program Description and any other
materials submitted as part of the application or as supplements
thereto.
[56 FR 9413, Mar. 6, 1991]
Secs. 147.351--147.352 [Reserved]
Sec. 147.353 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in Connecticut is administered by EPA. This program consists of
the UIC program requirements of 40 CFR Parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Connecticut is November 25, 1988.
[53 FR 43086, Oct. 25, 1988, as amended at 56 FR 9413, Mar. 6, 1991]
Secs. 147.354--147.359 [Reserved]
Subpart I--Delaware
Sec. 147.400 State-administered program.
The UIC program for all classes of wells in the State of Delaware,
except those wells on Indian lands, is the program administered by the
Delaware Department of Natural Resources and Environmental Control
approved by EPA pursuant to section 1422 of the SDWA. Notice of this
approval was published in the FR on April 5, 1984 (49 FR 13525); the
effective date of this program is May 7, 1984. This program consists of
the following elements, as submitted to EPA in the State's program
application:
[[Page 587]]
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Delaware. This incorporation by
reference was approved by the Director of the OFR in accordance with 5
U.S.C. 552(a) and 1 CFR part 5l. Copies may be obtained at the Delaware
Department of Natural Resources and Environmental Control, 89 Kings
Highway, P.O. Box 1401, Dover, Delaware, 19903. Copies may be inspected
at the Environmental Protection Agency, Region III, 841 Chestnut Street,
Philadelphia, Pennsylvania, 19107, or at the Office of the Federal
Register, 800 North Capitol Street NW., suite 700, Washington, DC.
(1) Delaware Environmental Protection Act, (Environmental Control) 7
Delaware Code Annotated, Chapter 60, Sections 6001-6060 (Revised 1974
and Cumm. Supp. 1988);
(2) State of Delaware Regulations Governing Underground Injection
Control, parts 122, 124 and 146 (Department of Natural Resources and
Environmental Control), effective August 15, 1983.
(b) Memorandum of agreement. The Memorandum of Agreement between EPA
Region III and the Delaware Department of Natural Resources and
Environmental Control, signed by the EPA Regional Administrator on March
28, 1984.
(c) Statement of legal authority. Statement of the Delaware Attorney
General for the Underground Injection Control Program, signed by the
Attorney General on January 26, 1984.
(d) Program Description. The Program Description and any other
materials submitted as part of the application (August 10, 1983), or as
supplements thereto (October 14, 1983).
[56 FR 9413, Mar. 6, 1991]
Secs. 147.401--147.402 [Reserved]
Sec. 147.403 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in Delaware is administered by EPA. This program consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators and EPA shall comply with these
requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Delaware is November 25, 1988.
[53 FR 43086, Oct. 25, 1988, as amended at 56 FR 9413, Mar. 6, 1991]
Secs. 147.404--147.449 [Reserved]
Subpart J--District of Columbia
Sec. 147.450 State-administered program. [Reserved]
Sec. 147.451 EPA-administered program.
(a) Contents. The UIC program for the District of Columbia,
including any Indian lands in the District, is administered by EPA. This
program consists of the UIC program requirements of 40 CFR parts 124,
144, 146, 148, and any additional requirements set forth in the
remainder of this subpart. Injection well owners and operators, and EPA
shall comply with these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in the District of Columbia is November 25, 1988. The effective
date for the UIC program in the rest of the District is June 25, 1984.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9413, Mar. 6, 1991]
Sec. 147.452 Aquifer exemptions. [Reserved]
Subpart K--Florida
Sec. 147.500 State-administered program--Class I, III, IV, and V wells.
The UIC program for Class I, III, IV, and V wells in the State of
Florida, except for those on Indian lands is administered by the Florida
Department of Environmental Regulations, approved by EPA pursuant to
section 1422 of the SDWA. Notice of this approval was published in the
Federal Register on February 7, 1983 (48 FR 5556); the effective date of
this program is March 9, 1983. This program consists of the following
elements, as submitted to EPA in the State's program application:
[[Page 588]]
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Florida. This incorporation by reference
was approved by the Director of the Federal Register on June 25, 1984.
(1) Florida Air and Water Pollution Control Act, Florida Statutes
Annotated sections 403.011 through 403.90 (1973 and Supp. 1983);
(2) Chapter 17-28, Underground Injection Control, Florida
Administrative Code (April 27, 1989).
(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of the approved State-
administered program:
(1) Administrative Procedures Act, Florida Statutes Chapter 120;
(2) Florida Administrative Code, Chapter 17-1 (1982) (Administrative
Procedures Act);
(3) Florida Administrative Code, Chapter 17-3 (1982) (Water Quality
Standards);
(4) Florida Administrative Code, Chapter 17-4 (1982) (Permits);
(5) Florida Administrative Code, Chapter 28-5 (1982) (Decisions
Determining Substantial Interests);
(6) Florida Administrative Code, Chapter 28-6 (1982) (Licensing);
(c) The Memorandum of Agreement between EPA Region IV and the
Florida Department of Environmental Regulation, signed by the EPA
Regional Administrator on March 31, 1983.
(d) Statement of legal authority. (1) ``Statement of Legal Authority
for Implementation of Underground Injection Control Program'' and
accompanying certifications, signed by General Counsel for the Florida
Department of Environmental Regulation, January 14, 1982;
(2) ``Addendum to Statement of Legal Authority for Implementation of
Underground Injection Control Program'' and accompanying certifications,
signed by Acting General Counsel for the Florida Department of
Environmental Regulation, September 20, 1982.
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43087, Oct. 25, 1988; 56
FR 9414, Mar. 6, 1991]
Sec. 147.501 EPA-administered program--Class II wells and Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands and for Class II wells on non-Indian lands in the State of Florida
is administered by EPA. This program consists of the UIC program
requirements of 40 CFR parts 124, 144, 146, 148, and any additional
requirements set forth in the remainder of this subpart. Injection well
owners and operators, and EPA shall comply with these requirements.
(b) Effective dates. The effective date of the UIC program for
Indian lands in Florida is November 25, 1988. The effective date for
Class II wells on non-Indian lands is December 30, 1984.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9414, Mar. 6, 1991]
Sec. 147.502 Aquifer exemptions. [Reserved]
Sec. 147.503 Existing Class II (except enhanced recovery and hydrocarbon storage) wells authorized by rule.
Maximum injection pressure. To meet the operating requirements of
Sec. 144.28(f)(3)(i) of this chapter, the owner or operator shall use an
injection pressure at the well head no greater than the pressure
calculated using the following formula:
Pm=(0.733-0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of injected fluid (unitless)
d=injection depth in feet.
[49 FR 45306, Nov. 15, 1984]
Sec. 147.504 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the
[[Page 589]]
field or formation in which the well is located. The Regional
Administrator shall establish such a maximum pressure after notice,
opportunity for comment and opportunity for a public hearing, according
to the provisions of part 124, subpart A of this chapter, and will
inform owners and operators in writing of the applicable maximum
pressure; or
(ii) May inject at pressure greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressure based on data provided pursuant to
paragraph (a)(2)(ii) of this section the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within 1 year of the effective date of this
program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall,
when required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) Comply with other requirements which the Regional Administrator
may specify either in addition to or in lieu of the requirements set
forth in paragraphs (b)(1) through (3) of this section as needed to
protect USDWs.
(c) Area of review. Notwithstanding the alternatives presented in
Sec. 146.06 of this chapter, the area of review shall be a minimum fixed
radius as described in Sec. 146.06(b) of this chapter.
(The information collection requirements contained in paragraph
(a)(2)(ii) were appoved by the Office of Management and Budget under
control number 2040-0042)
[49 FR 45306, Nov. 15, 1984]
Subpart L--Georgia
Sec. 147.550 State-administered program.
The UIC program for all classes of wells in the State of Georgia,
except those wells on Indian lands, is the program administered by the
Georgia Department of Natural Resources, Environmental Protection
Division approved by EPA pursuant to section 1422 of the SDWA. Notice of
this approval was published in the FR on April 19, 1984 (49 FR 15553);
the effective date of this program is May 21, 1984. This program
consists of the following elements, as submitted to EPA in the State's
program application:
[[Page 590]]
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Georgia. This incorporation by reference
was approved by the Director of the OFR in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained at the Georgia
Department of Natural Resources, Environmental Protection Division, 270
Washington Street, SW., Atlanta, Georgia, 30334. Copies may be inspected
at the Environmental Protection Agency, Region IV, 345 Courtland Street,
NE., Atlanta, Georgia, 30365, or at the Office of the Federal Register,
800 North Capitol Street NW., suite 700, Washington, DC.
(1) Oil and Gas and Deep Drilling Act of 1975, Official Code of
Georgia Annotated (O.C.G.A.) Secs. 12-4-40 through 12-4-53 (1988);
(2) Ground Water Use Act of 1972, O.C.G.A. Secs. 12-5-90 through 12-
5-107 (1988);
(3) Water Well Standards Act of 1985, O.C.G.A. Secs. 12-5-120,
through 12-5-138 (1988);
(4) Georgia Administrative Procedure Act, O.C.G.A. Secs. 50-13-1
through 50-13-22 (Reprinted from the 0.C.G.A. and 1988 Cumm. Supp.);
(5) Georgia Water Quality Control Act, O.C.G.A. Secs. 12-5-20
through 12-5-53 (1988);
(6) Georgia Hazardous Waste Management Act, O.C.G.A. Secs. 12-8-60
through 12-8-83 (1988);
(7) Georgia Safe Drinking Water Act of 1977, O.C.G.A. Secs. 12-5-170
through 12-5-193 (1988);
(8) Rules of Georgia Department of Natural Resources, Environmental
Protection Division, Water Quality Control, GA. COMP. R. & REGS. Chapter
391-3-6-.13 (Revised July 28, 1988).
(b) Memorandum of Agreement. The Memorandum of Agreement between EPA
Region IV and the State of Georgia, signed March 1, 1984.
(c) Statement of legal authority. (1) Unofficial Opinion of the
Georgia Attorney General, Op. Atty. Gen. 080-24, June 12, 1980;
(2) Underground Injection Control Program, Attorney General's
Statement, February 4, 1982;
(3) Amended Attorney General's Statement Relating to Authority of
the State of Georgia to Implement an Underground Injection Control
Program, April 22, 1983;
(4) Letter to EPA Office of General Counsel from Senior Assistant
Attorney General ``Re: State UIC Program'', July 13, 1983.
(d) Program Description. The Program Description and any other
materials submitted as part of the application or as supplements
thereto.
[56 FR 9414, Mar. 6, 1991; 56 FR 14150, Apr. 5, 1991]
Secs. 147.551--147.552 [Reserved]
Sec. 147.553 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Georgia is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Georgia is November 25, 1988.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9414, Mar. 6, 1991]
Secs. 147.554--147.559 [Reserved]
Subpart M--Hawaii
Sec. 147.600 State-administered program. [Reserved]
Sec. 147.601 EPA-administered program.
(a) Contents. The UIC program for the State of Hawaii, including all
Indian lands, is administered by EPA. This program consists of the UIC
program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in
[[Page 591]]
Hawaii is November 25, 1988. The effective date for the UIC program for
all other lands in Hawaii is December 30, 1984.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9414, Mar. 6, 1991]
Subpart N--Idaho
Sec. 147.650 State-administrative program--Class I, II, III, IV, and V wells.
The UIC program for Class I, II, III, IV, and V wells in the State
of Idaho, other than those on Indian lands, is the program administered
by the Idaho Department of Water Resources, approved by EPA pursuant to
section 1422 of the SDWA. Notice of this approval was published in the
Federal Register on June 7, 1985; the effective date of this program is
July 22, 1985. This program consists of the following elements, as
submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Idaho. This incorporation by reference
was approved by the Director of the Federal Register effective July 22,
1985.
(1) Public Writings, Title 9, Chapter 3, Idaho Code, sections 9-301
through 9-302 (Bobbs-Merrill 1979);
(2) Crimes and Punishments, Title 18, Chapter 1, Idaho Code,
sections 18-113 through 18-114 (Bobbs-Merrill 1979 and Supp. 1984);
(3) Department of Health and Welfare, Title 39, Chapter 1, Idaho
Code, Chapter 39-108 (Bobbs-Merrill 1977);
(4) Drainage-Water Rights and Reclamation, Title 42, Chapter 2,
Idaho Code sections 42-237(e); section 42-238 (Bobbs-Merrill 1977 and
Supp. 1984);
(5) Department of Water Resources-Water Resources Board, Title 42,
Chapter 17, Idaho Code, sections 42-1701, 42-1703, 42-1735 (Bobbs-
Merrill 1977, section 42-1701A (Supp. 1984);
(6) Director of Department of Water Resources, Title 42, Chapter 18,
Idaho Code, sections 42-1801 through 42-1805 (Bobbs-Merrill 1977);
(7) Waste Disposal and Injection Wells, Title 42, Chapter 39, Idaho
Code, sections 42-3901 through 42-3914 (Bobbs-Merrill 1977), sections
42-3915 through 42-3919 (Supp. 1984);
(8) Idaho Trade Secrets Act, Title 48, Chapter 8, Idaho Code,
sections 48-801 through 48-807 (Bobbs-Merrill 1977 and Supp. 1984);
(9) Administrative Procedure, Title 67, Chapter 52, Idaho Code,
sections
67-5201 through 67-5218 (Bobbs-Merrill 1980 and Supp. 1984);
(10) Idaho Radiation Control Regulations (IRCR section 1-9002.70;
sections 1-9100 through 1-9110, Department of Health and Welfare (May
1981);
(11) Rules and Regulations: Construction and Use of Injection Wells,
Idaho Department of Water Resources, Rules 1 through 14 (August 1984);
(12) Rules and Regulations: Practice and Procedures, Idaho
Department of Water Resources, Rules 1 through 14 (October 1983).
(b) The Memorandum of Agreement between EPA and Region X and the
Idaho Department of Water Resources signed by the EPA Regional
Administrator on February 11, 1985.
(c) Statement of legal authority. (1) The Idaho Attorney General's
Statement for the Underground Injection Control Program, October 31,
1984.
(2) Letter from David J. Barber, Deputy Attorney General, Idaho
Department of Water Resources to Harold Scott, EPA, Region 10, revising
the Attorney General's Statement, February 14, 1985.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[50 FR 23957, June 7, 1985]
Sec. 147.651 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Idaho is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
[[Page 592]]
(b) Effective dates. The effective date of the UIC program for
Indian lands in Idaho is June 11, 1984.
[52 FR 17681, May 11, 1987, as amended at 56 FR 9414, Mar. 6, 1991]
Sec. 147.652 Aquifer exemptions. [Reserved]
Subpart O--Illinois
Sec. 147.700 State-administered program--Class I, III, IV, and V wells.
The UIC program for Class I, III, IV and V wells in the State of
Illinois, except those on Indian lands, is the program administered by
the Illinois Environmental Protection Agency, approved by EPA pursuant
to section 1422 of the SDWA. Notice of the approval was published in the
Federal Register on February 1, 1984 (49 FR 3991); the effective date of
this program is March 3, 1984. This program consists of the following
elements, as submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
state statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Illinois. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Illinois Environmental Protection Act, Illinois ch. 111\1/2\,
sections 1001 to 1051 (Smith-Hurd 1977 Revised Statutes and Supp. 1983),
as amended by Public Act No. 83-431, 1983 Illinois Legislative Service,
pages 2910 to 2916 (West);
(2) Illinois Pollution Control Board Rules and Regulations at Title
35, Illinois Administrative Code, Chapter I, Part 700, Outline of Waste
Disposal Regulations; Part 702, RCRA and UIC Permit Programs; Part 704,
UIC Permit Program; Part 705, Procedures for Permit Issuance and Part
730, Underground Injection Control Operating Requirements as amended by
IPCB Order No. R-83039 on December 15, 1983.
(b) The Memorandum of Agreement between EPA Region V and the
Illinois Environmental Protection Agency, signed by the EPA Regional
Administrator on March 22, 1984.
(c) Statement of legal authority. Letter from Illinois Attorney
General to Regional Administrator, EPA Region V, and attached statement,
December 16, 1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43087, Oct. 25, 1988]
Sec. 147.701 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Illinois, except
those on Indian lands, is the program administered by the Illinois
Environmental Protection Agency, approved by EPA pursuant to section
1425 of the SDWA. Notice of the approval was published in the Federal
Register on February 1, 1984 (49 FR 3990); the effective date of this
program is March 3, 1984. This program consists of the following
elements, as submitted to EPA in the state's program application:
(a) Incorporation by reference. The requirements set forth in the
State Statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Illinois. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Conservation of Oil and Gas, etc., Illinois Revised Statutes ch.
96\1/2\, sections 5401 to 5457 (Smith-Hurd 1979 and Supp. 1983), as
amended by Public Act No. 83-1074 1983 Illinois Legislative Service
pages 7183 to 7185 (West);
(2) Illinois Environmental Protection Act, Illinois Revised Statutes
ch. 111\1/2\, sections 1001-1051 (Smith-Hurd 1977 and Supp. 1983), as
amended by Public Act No. 83-431, 1983 Illinois Legislative Services
pages 2910 to 2916 (West);
(3) Illinois Revised Statutes ch. 100\1/2\, section 26 (Smith-Hurd
Supp. 1983);
(4) Illinois Department of Mines and Minerals Regulations for the
Oil and Gas Division, Rules I, II, IIA, III, V, VII, and IX (1981).
(b) The Memorandum of Agreement between EPA Region V and the
Illinois Department of Mines and Minerals,
[[Page 593]]
signed by the EPA Regional Administrator on March 22, 1984.
(c) Statement of legal authority. ``Certification of Legal
Authority,'' signed by State Attorney, Richland County, Illinois, May 5,
1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43087, Oct. 25, 1988]
Sec. 147.703 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Illinois is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective dates. The effective date for the UIC program for
Indian lands is November 25, 1988.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9414, Mar. 6, 1991]
Subpart P--Indiana
Sec. 147.750 State-administered program--Class II wells.
The UIC program for Class II injection wells in the State of Indiana
on non-Indian lands is the program administered by the Indiana
Department of Natural Resources (INDR) approved by the EPA pursuant to
section 1425 of the SDWA. Notice of this approval was published in the
FR on August 19, 1991; the effective date of this program is August 19,
1991. This program consists of the following elements, as submitted to
EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Indiana. This incorporation by reference
was approved by the Director of the FR in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained at the Indiana
Department of Natural Resources, Division of Oil and Gas, 402 West
Washington Street, room 293, Indianapolis, Indiana, 46204. Copies may be
inspected at the Environmental Protection Agency, Region V, 230 South
Dearborn Street, Chicago, Illinois, 60604, or at the Office of the
Federal Register, 800 North Capitol Street NW., suite 700, Washington,
DC.
(1) Indiana Code, title 4, article 21.5, chapters 1 through 6
(1988).
(2) West's Annotated Indiana Code, title 13, article 8, chapters 1
through 15 (1990 and Cumm. Supp. 1990).
(3) Indiana Administrative Code, title 310, article 7, rules 1
through 3 (Cumm. Supp. 1991).
(b) Memorandum of agreement. The Memorandum of Agreement between EPA
Region V and the Indiana Department of Natural Resources signed by the
EPA Regional Administrator on February 18, 1991.
(c) Statement of legal authority. Statement and Amendment to the
Statement from the Attorney General of the State of Indiana, signed on
July 12, 1990, and December 13, 1990, respectively.
(d) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[56 FR 41072, Aug. 19, 1991]
Sec. 147.751 EPA-administered program.
(a) Contents. The UIC program for all classes of wells on Indian
lands, and for Class I, III, IV, and V wells on non-Indian lands in the
State of Indiana is administered by the EPA. The program consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, and 148 and the
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date for the UIC program on
Indian lands is November 25, 1988. The effective date of the UIC program
for the rest of Indiana is June 25, 1984.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9414, Mar. 6, 1991; 56
FR 41072, Aug. 19, 1991]
[[Page 594]]
Sec. 147.752 Aquifer exemptions. [Reserved]
Sec. 147.753 Existing Class I and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lessor of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable; or
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.800-0.433 Sg)d
where:
Pm=injection pressure at the wellhead in pounds per square inch
Sg=specific gravity of injected fluid (unitless)
d=injection depth in feet.
[49 FR 20197, May 11, 1984, as amended at 56 FR 41072, Aug. 19, 1991]
Subpart Q--Iowa
Sec. 147.800 State-administered program. [Reserved]
Sec. 147.801 EPA-administered program.
(a) Contents. The UIC program for the State of Iowa, including all
Indian lands, is administered by EPA. This program consists of the UIC
program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date for the UIC program for all
lands in Iowa, including Indian lands, is June 25, 1984.
[52 FR 17681, May 11, 1987, as amended at 56 FR 9415, Mar. 6, 1991]
Sec. 147.802 Aquifer exemptions. [Reserved]
Subpart R--Kansas
Sec. 147.850 State-administered program--Class I, III, IV and V wells.
The UIC program for Class I, III, IV and V wells in the State of
Kansas, except those on Indian lands as described in Sec. 147.860, is
the program administered by the Kansas Department of Health and
Environment, approved by EPA pursuant to section 1422 of the SDWA.
Notice of this approval was published in the Federal Register on
December 2, 1983 (48 FR 54350); the effective date of this program is
December 2, 1983. This program consists of the following elements, as
submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Kansas. This incorporation by reference
was approved by the Director of the OFR in accordance with 5 U.S.C.
552(a) and 1 CFR Part 51. Copies may be obtained at the Kansas
Department of Health and Environment, Forbes Field, Building 740,
Topeka, Kansas, 66620. Copies may be inspected at the Environmental
Protection Agency, Region VII, 726 Minnesota Avenue, Kansas City,
Kansas, 66101, or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(1) Chapter 28, Article 46, Underground Injection Control
Regulations, Kansas Administrative Regulations Secs. 28-46-1 through 28-
46-42 (1986 and Supp. 1987);
(2) Chapter 28, Article 43, Construction, operation, monitoring and
abandonment of salt solution mining wells, Kansas Administrative
Regulations Secs. 28-43-1 through 28-43-10 (1986);
(3) Kansas Statutes Annotated Secs. 65-161, 65-164 through 65-166a,
65-171d (1980 and Cumm. Supp. 1989).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for the select sections identified in
paragraph (a) of this section, are also part of the approved State-
administered program: Kansas Statutes Annotated Secs. 65-161 through 65-
171(w), (1980 and Supp. 1983).
(c) Memorandum of Agreement. (1) The Memorandum of Agreement between
EPA Region VII and the Kansas Department of Health and Environment,
signed by the EPA Regional Administrator on July 29, 1983;
(2) Addendum No. 1 of the Memorandum of Agreement, signed by the EPA
[[Page 595]]
Regional Administrator on August 29, 1983.
(d) Statement of legal authority. (1) ``Statement of Attorney
General'', signed by the Attorney General of the State of Kansas,
November 25, 1981;
(2) ``Supplemental Statement of Attorney General'', signed by the
Attorney General of the State of Kansas, undated (one page).
(e) Program description. The program description and any other
materials submitted as part of the application or supplements thereto.
[49 FR 45306, Nov. 15, 1984, as amended at 56 FR 9415, Mar. 6, 1991]
Sec. 147.851 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Kansas, except
those on Indian lands as described in Sec. 147.860, is the program
administered by the Kansas Corporation Commission and the Kansas
Department of Health and Environment, approved by EPA pursuant to
section 1425 of the SDWA. Notice of this approval was published in the
Federal Register on February 8, 1984 (49 FR 4735); the effective date of
this program is February 8, 1984. This program consists of the following
elements, as submitted to EPA in the State's program application.
[49 FR 45306, Nov. 15, 1984]
Secs. 147.852--147.859 [Reserved]
Sec. 147.860 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Kansas is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Kansas is December 30, 1984.
[49 FR 45307, Nov. 15, 1984, as amended at 56 FR 9415, Mar. 6, 1991]
Subpart S--Kentucky
Sec. 147.900 State-administered program. [Reserved]
Sec. 147.901 EPA-administered program.
(a) Contents. The UIC program for the Commonwealth of Kentucky,
including all Indian lands, is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective dates. The effective date for the UIC program on
Indian lands is November 25, 1988. The effective date for the UIC
program in the remainder of Kentucky is June 25, 1984.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9415, Mar. 6, 1991]
Sec. 147.902 Aquifer exemptions. [Reserved]
Sec. 147.903 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable or;
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.733-0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of inject fluid (unitless)
d=injection depth in feet.
Sec. 147.904 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator
[[Page 596]]
shall establish such a maximum pressure after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter, and will inform
owners and operators in writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressure based on data provided pursuant to
paragraph (a)(2)(ii) of this section the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within 1 year of the effective date of this
program.
(b) Casing and Cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between and the casing the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) of this section, as needed to protect USDWs.
Sec. 147.905 Requirements for all wells--area of review.
Notwithstanding the alternatives presented in Sec. 146.6 of this
chapter, the area of review shall be a minimum fixed radius as described
in Sec. 146.6(b) of this chapter.
Subpart T--Louisiana
Sec. 147.950 State-administered program.
The UIC program for Class I, II, III, IV, and V wells in the State
of Louisiana, except those wells on Indian lands, is the program
administered by the Louisiana Department of Natural Resources approved
by EPA pursuant to sections 1422 and 1425 of the SDWA. Notice of this
approval was published in the Federal Register on April 23, 1982 (47 FR
17487); the effective date of this program is March 23, 1982. This
program consists of the following elements, as submitted to EPA in the
State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for
[[Page 597]]
the State of Louisiana. This incorporation by reference was approved by
the Director of the Federal Register on June 25, 1984.
(1) Louisiana Revised Statutes Annotated sections 30:1-30:24 (1975
and Supp. 1982);
(2) Underground Injection Control Program Regulations for Class I,
III, IV, and V wells, Statewide Order No. 29-N-1 (February 20, 1982), as
amended June 1, 1985 and January 20, 1986;
(3)(i) Statewide Order Governing the Drilling for and Producing of
Oil and Gas in the State of Louisiana, Statewide Order No. 29-B (August
26, 1974) (Composite Order Incorporating Amendments through March 1,
1974);
(ii) Amendments to Statewide Order No. 29-B (Off-site Disposal of
Drilling Mud and Salt Water Generated from Drilling and Production of
Oil and Gas Wells) (effective July 20, 1980);
(iii) Amendment to Statewide Order No. 29-B (Amendment concerning
the use of Tables 5A and 6A, etc.) (December 15, 1980, effective January
1, 1981);
(iv) Amendment to Statewide Order No. 29-B (Amendment concerning the
underground injection control of saltwater disposal wells, enhanced
recovery injection wells, and liquid hydrocarbon storage wells)
(effective February 20, 1982);
(v) Amendment to Statewide Order No. 29-B (Amendment concerning the
offsite disposal of drilling mud and saltwater) (effective May 20,
1983);
(vi) Amendment to Statewide Order No. 29-B (Amendment concerning
disposal of nonhazardous oilfield waste) (March 20, 1984, effective May
20, 1984);
(vii) Amendment to Statewide Order No. 29-B (Amendment concerning
the administrative approval of injectivity tests and pilot projects in
order to determine the feasibility of proposed enhanced recovery
projects) (June 20, 1985, effective July 1, 1985).
(4) (i) Statewide Order adopting rules and regulations pertaining to
the use of salt dome cavities (i.e., storage chambers) for storage of
liquid and/or gaseous hydrocarbons, etc., Statewide Order No. 29-M (July
6, 1977, effective July 20, 1977);
(ii) Supplement to Statewide Order No. 29-M (October 2, 1978);
(iii) Second Supplement to Statewide Order No. 29-M (June 8, 1979).
(b)(1) The Memorandum of Agreement (Class I, III, IV, and V wells)
between EPA Region VI and the Louisiana Department of Natural Resources,
Office of Conservation, signed by the EPA Regional Administrator on
March 17, 1982 and amended by Addendum 1 and Addendum 2 on November 3,
1989;
(2) The Memorandum of Agreement (Class II wells) between EPA Region
VI and the Louisiana Department of Natural Resources, Office of
Conservation, signed by the EPA Regional Administrator on March 17,
1982.
(c) Statement of legal authority. (1) Letter from Attorney General
of Louisiana to EPA, ``Re: Louisiana Underground Injection Control
Program Authorization for State of Louisiana'' (Class I, III, IV and V
Wells), January 13, 1982, (10 pages);
(2) Letter from Attorney General of Louisiana to EPA, ``Re:
Louisiana Underground Injection Control Program Authorization for State
of Louisiana'' (Class II Wells), January 13, 1982 (5 pages).
(3) Letter from Attorney General of Louisiana to EPA, ``Re: Class I
Hazardous Waste Injection Well Regulatory Program; Attorney General's
Statement, October 9, 1989 (9 pages);
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 56 FR 9415, Mar. 6, 1991]
Sec. 147.951 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Louisiana is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective dates. The effective date of the UIC program for
Indian lands in Louisiana is November 25, 1988.
[53 FR 43087, Oct. 25, 1988, as amended at 56 FR 9415, Mar. 6, 1991]
[[Page 598]]
Subpart U--Maine
Sec. 147.1000 State-administered program.
The UIC program for all classes of wells in the State of Maine,
except those on Indian lands, is the program administered by the Maine
Department of Environmental Protection approved by EPA pursuant to
section 1422 of the SDWA. Notice of this approval was published in the
Federal Register on August 25, 1983 (48 FR 38641); the effective date of
this program is September 26, 1983. This program consists of the
following elements, as submitted to EPA in the State's program
application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made part of the applicable UIC program
under the SDWA for the State of Maine. This incorporation by reference
was approved by the Director of the OFR on June 25, 1984.
(1) Maine Revised Statutes Annotated title 38, sections 361-A, 363-
B, 413, 414, 414-A, 420, and 1317-A (1978);
(2) Rules to Control the Subsurface Discharge of Pollutants by Well
Injection, Rules of the Department of Environmental Protection, Chapter
543 (adopted June 22, 1983, effective July 4, 1983).
(b) The Memorandum of Agreement between EPA Region I and the Maine
Department of Environmental Protection, signed by the EPA Regional
Administrator on May 16, 1983.
(c) Statement of legal authority. Letter from Attorney General of
Maine to EPA Regional Administrator, ``Re: Attorney General's Statement:
Maine Underground Injection Control Program Primacy Application,'' June
30, 1983.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43088, Oct. 25, 1988; 56
FR 9415, Mar. 6, 1991]
Sec. 147.1001 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Maine is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators and EPA shall comply with
these requirements.
(b) Effective dates. The effective date of the UIC program for
Indian lands in Maine is November 25, 1988.
[53 FR 43088, Oct. 25, 1988, as amended at 56 FR 9416, Mar. 6, 1991]
Subpart V--Maryland
Sec. 147.1050 State-administered program--Class I, II, III, IV, and V wells.
The UIC program for Class I, II, III, IV, and V wells in the State
of Maryland, except those wells on Indian lands, is the program
administered by the Maryland Department of the Environment approved by
EPA pursuant to section 1422 of the SDWA. Notice of this approval was
published in the FR on April 19, 1984 (49 FR 15553); the effective date
of this program is June 4, 1984. This program consists of the following
elements, as submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Maryland. This incorporation by
reference was approved by the Director of the OFR in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the Maryland
Department of the Environment, 2500 Broening Highway, Baltimore,
Maryland, 21224. Copies may be inspected at the Environmental Protection
Agency, Region III, 841 Chestnut Street, Philadelphia, Pennsylvania,
19107, or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
(1) Code of Maryland Regulations, Title 26, Subtitle 08, Chapter 07
promulgated and effective as of March 1, 1989;
[[Page 599]]
(2) Code of Maryland Regulations, Title 26, Subtitle 08, Chapter 01,
promulgated and effective as of March 1, 1989;
(3) Code of Maryland Regulations, Title 26, Subtitle 08, Chapter 02,
promulgated and effective as of March 1, 1989;
(4) Code of Maryland Regulations, Title 26, Subtitle 08, Chapter 03,
promulgated and effective as of March 1, 1989;
(5) Code of Maryland Regulations, Title 26, Subtitle 08, Chapter 04,
promulgated and effective as of March 1, 1989;
(6) Code of Maryland Regulations, Title 26, Subtitle 13, Chapter 05,
section .19, promulgated and effective as of August 1, 1989;
(7) Code of Maryland Regulations, Title 26, Subtitle 01, Chapter 02,
promulgated and effective as of March 1, 1989;
(8) Code of Maryland Regulations, Title 26, Subtitle 01, Chapter 04,
promulgated and effective as of March 1, 1989.
(b) Memorandum of Agreement. The Memorandum of Agreement between EPA
Region III and the Maryland Department of the Environment, as submitted
on August 2, 1983, and revised on February 16, 1984.
(c) Statement of legal authority. Statement from the Maryland
Attorney General on the Underground Injection Control Program, as
submitted on August 2, 1983, and revised on February 16, 1984.
(d) Program Description. The Program Description and other materials
submitted as part of the application or as supplements thereto.
[56 FR 9416, Mar. 6, 1991]
Secs. 147.1051--147.1052 [Reserved]
Sec. 147.1053 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Maryland is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Maryland is November 25, 1988.
[53 FR 43088, Oct. 25, 1988, as amended at 56 FR 9416, Mar. 6, 1991]
Secs. 147.1054--147.1099 [Reserved]
Subpart W--Massachusetts
Sec. 147.1100 State-administered program.
The UIC program for all classes of wells in the State of
Massachusetts, except those on Indian lands, is the program administered
by the Massachusetts Department of Environmental Protection, approved by
EPA pursuant to section 1422 of the SDWA. Notice of this approval was
published in the Federal Register on November 23, 1982 (47 FR 52705);
the effective date of this program is December 23, 1982. This program
consists of the following elements, as submitted to EPA in the State's
program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Massachusetts. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Massachusetts General Laws Annotated chapter 21, sections 27,
43, and 44 (West 1981);
(2) Code of Massachusetts Regulations, title 310, sections 23.01-
23.11 as amended April 26, 1982.
(b) The Memorandum of Agreement between EPA Region I and the
Massachusetts Department of Environmental Quality Engineering, signed by
the EPA Regional Administrator on August 18, 1982.
(c) Statement of legal authority. ``Underground Injection Control
Program--Attorney General's Statement for Class I, II, III, IV and V
Injection Wells,'' signed by Assistant Attorney General for Attorney
General of Massachusetts, May 13, 1982.
(d) The Program Description and any other materials submitted as
part of
[[Page 600]]
the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43088, Oct. 25, 1988]
Sec. 147.1101 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Massachusetts is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Massachusetts is November 25, 1988.
[53 FR 43088, Oct. 25, 1988, as amended at 56 FR 9416, Mar. 6, 1991]
Subpart X--Michigan
Sec. 147.1150 State-administered program. [Reserved]
Sec. 147.1151 EPA-administered program.
(a) Contents. The UIC program for the State of Michigan, including
all Indian lands, is administered by EPA. This program consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date for the UIC program for all
lands in Michigan, including Indian lands, is June 25, 1984.
[52 FR 17681, May 11, 1987, as amended at 56 FR 9416, Mar. 6, 1991]
Sec. 147.1152 Aquifer exemptions. [Reserved]
Sec. 147.1153 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable; or
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.800-0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of injected fluid (unitless)
d=injection depth in feet.
Sec. 147.1154 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regonal
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
field rules for maximum injection pressure based on data provided
pursuant to paragraph (a)(2)(ii) of this section the owner or operator
shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A
[[Page 601]]
single test may be submitted on behalf of two or more operators
conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within 1 year following the effective date of
this program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage will may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) of this section, as needed to protect USDWs.
Sec. 147.1155 Requirements for all wells.
(a) Area of review. Notwithstanding the alternatives presented in
Sec. 146.6 of this chapter, the area of review for Class II wells shall
be a fixed radius as described in Sec. 146.6(b) of this chapter.
(b) Tubing and packer. The owner or operator of an injection well
injecting salt water for disposal shall inject through tubing and
packer. The owner of an existing well must comply with this requirement
within one year of the effective date of this program.
Sec. 147.1201 EPA-administered program.
(a) Contents. The UIC program for the State of Minnesota is
administered by EPA. This program consists of the UIC program
requirements of 40 CFR parts 124, 144, 146, 148, and any additional
requirements set forth in the remainder of this subpart. Injection well
owners and operators, and EPA shall comply with these requirements.
(b) Effective date. The effective date of the UIC program for
Minnesota is: June 11, 1984.
[49 FR 20197, May 11, 1984, as amended at 56 FR 9416, Mar. 6, 1991]
Sec. 147.1202 Aquifer exemptions. [Reserved]
Sec. 147.1210 Requirements for Indian lands.
(a) Purpose and scope. This section sets forth additional
requirements that apply to injection activities on Indian lands in
Minnesota.
(b) Requirements. Notwithstanding the other requirements of this
subpart, for Indian lands described in paragraph (a) of this section, no
owner or operator shall construct, operate, maintain, or convert any
Class I, II, III, or IV well. The UIC program for Class V wells on such
Indian Lands is administered by EPA, and consists of the applicable
requirements of 40 CFR parts 124, 144, and 146. In addition, no owner or
operator shall abandon a well without the approval of the Regional
Administrator.
(c) Effective date. The effective date of the UIC program
requirements for Indian lands in Minnesota is December 30, 1984.
[49 FR 45307, Nov. 15, 1984]
[[Page 602]]
Subpart Z--Mississippi
Sec. 147.1250 State-administered program--Class I, III, IV, and V wells.
The UIC program for Class I, III, IV and V wells in the State of
Mississippi, except those on Indian lands, is the program administered
by the Mississippi Department of Natural Resources approved by EPA
pursuant to section 1422 of the SDWA. Notice of this approval was
published in the Federal Register on August 25, 1983 (48 FR 38641); the
effective date of this program is September 26, 1983. This program
consists of the following elements, as submitted to EPA in the State's
program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Mississippi. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Mississippi Air and Water Pollution Control Law, Mississippi
Code Annotated sections 49-17-1 through 49-17-29 (1972) and Supp. 1983);
(2) Mississippi Department of Natural Resources, Bureau of Pollution
Control, Underground Injection Control Program Regulations (adopted
February 11, 1982);
(3) Mississippi Department of Natural Resources, Bureau of Pollution
Control, State of Mississippi Wastewater Permit Regulations for National
Pollutant Discharge Elimination System (NPDES), Underground Injection
Control (UIC), and State Operating Permits (adopted May 1, 1974; amended
February 11, 1982).
(b) The Memorandum of Agreement between EPA Region IV and the
Mississippi Department of Natural Resources, signed by the EPA Regional
Administrator on February 8, 1983.
(c) Statement of legal authority. (1) Letter from Attorney General
of Mississippi (by Special Assistant Attorney General) to Executive
Director, Mississippi Department of Natural Resources, ``Re: Mississippi
Department of Natural Resources, Bureau of Pollution Control, State
Underground Injection Control (UIC) Program; Statement of the Attorney
General of the State of Mississippi,'' December 3, 1981;
(2) Letter from Attorney General of Mississippi (by Special
Assistant Attorney General) to Executive Director, Mississippi
Department of Natural Resources, ``Re: Authority to Regulate and Take
Samples from Underground Injection Systems,'' October 18, 1982;
(3) Letter from Attorney General of Mississippi (by Special
Assistant Attorney General) to Regional Administrator, EPA Region IV,
``Re: Public Participation in State Enforcement Actions, UIC Program,''
June 10, 1983.
(d) The Program Description and any other materials submitted as
part of the application or supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43088, Oct. 25, 1988]
Sec. 147.1251 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Mississippi,
other than those on Indian lands, is the program administered by the
State Oil and Gas Board of Mississippi approved by EPA pursuant to
section 1425 of the SDWA. Notice of this approval was published in the
Federal Register on March 2, 1989; the effective date of this program is
March 2, 1989. This program consists of the following elements, as
submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Mississippi. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a).
(1) Mississippi Code Annotated, section 5-9-9 (Supp. 1988).
(2) Mississippi Code Annotated, sections 53-1-1 through 53-1-47,
inclusive and sections 53-1-71 through 53-1-77, inclusive (1972 and
Supp. 1988).
(3) Mississippi Code Annotated, sections 53-3-1 through 53-3-165,
inclusive (1972 and Supp. 1988).
(4) State Oil and Gas Board Statewide Rules and Regulations, Rules 1
[[Page 603]]
through 65, inclusive (Aug. 1, 1987, as amended, Sept. 17, 1987).
(b) The Memorandum of Agreement between EPA Region IV and the State
Oil and Gas Board of Mississippi signed by the Regional Administrator on
October 31, 1988.
(c) Statement of legal authority. Statement from the Attorney
General signed on October 1, 1987 with amendments to the Statement
signed August 5, 1988 and September 15, 1988 by the Special Assistant
Attorney General.
(d) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[54 FR 8735, Mar. 2, 1989]
Sec. 147.1252 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Mississippi is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program on Indian
lands is November 25, 1988.
[53 FR 8735, Mar. 2, 1989, as amended at 56 FR 9416, Mar. 6, 1991]
Subpart AA--Missouri
Sec. 147.1300 State-administered program.
The UIC program for all classes of wells in the State of Missouri,
except those on Indian lands, is administered by the Missouri Department
of Natural Resources, approved by EPA pursuant to section 1422 and 1425
of the SDWA. Notice of this approval was published in the Federal
Register on December 2, 1983 (48 FR 54349); the effective date of this
program is December 2, 1983). This program consists of the following
elements, as submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Missouri. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Vernon's Annotated Missouri Statutes sections 259.010 to 259.240
(Supp. 1984);
(2) Missouri Code of State Regulations, title 10, division 50,
chapters 1 and 2 (June 1984);
(3) Vernon's Annotated Missouri Statutes chapter 204, Secs. 204.006
through 204.470 (1983 and Cumm. Supp. 1990).
(b) The Memorandum of Agreement between EPA Region VII and the
Missouri Department of Oil and Gas, signed by the EPA Regional
Administrator on December 3, 1982.
(c) Statement of legal authority. (1) Opinion Letter No. 63 and
attached Memorandum Opinion, signed by Attorney General of Missouri,
March 16, 1982;
(2) Addendum to Opinion Letter No. 63 (1982), signed by Attorney
General of Missouri, October 28, 1982.
(3) Opinion No. 127-83, signed by Attorney General of Missouri, July
11, 1983.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43088, Oct. 25, 1988; 56
FR 9416, Mar. 6, 1991]
Sec. 147.1301 State-administered program--Class I, III, IV, and V wells.
The UIC program for Class I, III, IV, and V wells in the State of
Missouri, other than those on Indian lands, is the program administered
by the Missouri Department of Natural Resources, approved by EPA
pursuant to section 1422 of the SDWA. Notice of this approval was
published in the Federal Register on November 2, 1984; the effective
date of this program is July 31, 1985. This program consists of the
following elements, as submitted to EPA in the State's program
application.
[[Page 604]]
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Missouri. This incorporation by
reference was approved by the Director of the Federal Register effective
July 31, 1985.
(1) Revised Statutes of the State of Missouri, Volume 2, sections
204.016, 204.026, 204.051, 204.056 and Volume V, section 577.155 (1978
and Cumm. Supp. 1984);
(2) Missouri Code of State Regulations, title 10, division 20,
Chapter 6, sections 20-6.010, 20-6.020, 20-6.070, 20-6.080, 20-6.090,
and title 10, division 20, Chapter 7, section 20-7.031 (1977, amended
1984).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for select sections identified in
paragraph (a) of this section, are also part of the approved State-
administered program.
(1) Revised Statutes of the State of Missouri, chapters 204, 260,
536, 557, 558 and 560; sections 640.130.1 and 1.020 (1978 and Cumm.
Supp. 1984);
(2) Rule 52.12 Vernon's Annotated Missouri Rules (1978);
(3) Missouri Code of State Regulations, title 10, division 20,
Chapters 1 through 7 (1977, amended 1984).
(c) The Memorandum of Agreement between EPA Region VII and the
Missouri Department of Natural Resources, signed by the EPA Regional
Administrator on October 10, 1984.
(d) Statement of Legal Authority. Opinion No. 123-84, signed by
Attorney General of Missouri, September 24, 1984. Amended April 2, 1985.
(e) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[50 FR 28942, July 17, 1985]
Sec. 147.1302 Aquifer exemptions. [Reserved]
Sec. 147.1303 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Missouri is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 145,
146, 148, and any additional requirements set forth in the remainder of
this subpart. Injection well owners and operators, and EPA shall comply
with these requirements.
(b) Effective date. The effective date for the UIC program for
Indian lands is November 25, 1988.
[53 FR 43088, Oct. 25, 1988, as amended at 56 FR 9417, Mar. 6, 1991]
Subpart BB--Montana
Sec. 147.1350 State-administered program. [Reserved]
Sec. 147.1351 EPA-administered program.
(a) Contents. The UIC program for the State of Montana, including
all Indian lands, is administered by EPA. This program consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date for the UIC program on all
lands in Montana, including all Indian lands, is June 25, 1984.
[52 FR 17681, May 11, 1987, as amended at 56 FR 9417, Mar. 6, 1991]
Sec. 147.1352 Aquifer exemptions.
Those portions of aquifers within one-quarter mile of existing Class
II wells are exempted for the purpose of Class II injection activities
only.
Note: A complete listing of the exemptions and their location is
available for review in the EPA Regional Office, 1860 Lincoln Street,
Denver, Colorado. An updated list of exemptions will be maintained in
the Regional Office.
Sec. 147.1353 Existing Class I, II (except enhanced recovery hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable or
[[Page 605]]
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.733 - 0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of inject fluid (unitless)
d=injection depth in feet.
Sec. 147.1354 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator established
rules for maximum injection pressure based on data provided pursuant to
paragraph (ii) below the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within 1 year of the effective date of this
program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
when required by the Regional Administrator:
(1) Isolate all USDWs by placing cement between the outermost casing
and the well bore as follows:
(i) If the injection well is east of the 108th meridian, cement the
outermost casing from a point 50 feet into a major shale formation
underlying the uppermost USDW to the surface. For the purpose of this
paragraph, major shale formations are defined as the Bearpaw, Clagget,
and Colorado formations.
(ii) If the injection well is west of the 108th meridian, cement the
outermost casing to a depth of 1,000 feet, or to the base of the
lowermost USDW in use as a source of drinking water whichever is deeper.
The Regional Administrator may allow an owner or operator to cement to a
lesser depth if he can demonstrate to the satisfaction of the Regional
Administrator that no USDW will be affected by the injection facilities.
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deteriortion from formation and injection
fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) of this section, as needed to protect USDWs.
[[Page 606]]
Sec. 147.1355 Requirements for all wells.
(a) Area of review. Notwithstanding the alternatives presented in
Sec. 146.6 of this chapter, the area of review shall be a fixed radius
as described in Sec. 146.06(b) of this chapter.
(b) The applicant must give separate notice of intent to apply for a
permit to each owner or tenant of the land within one-quarter mile of
the site. This requirement may be waived by the Regional Administrator
where individual notice to all land owners and tenants would be
impractical. The addresses of those to whom notice is given, and a
description of how notice was given, shall be submitted with the permit
application. The notice shall include:
(1) Name and address of applicant;
(2) A brief description of the planned injection activities,
including well location, name and depth of the injection zone, maximum
injection pressure and volume, and fluid to be injected;
(3) EPA contact person; and
(4) A statement that opportunity to comment will be announced after
EPA prepares a draft permit.
(c) Owners and operators on or within one-half mile of Indian lands
shall provide notice as specified in paragraph (b) of this section,
except that such notice shall be provided within a one-half mile radius
of the site.
Subpart CC--Nebraska
Sec. 147.1400 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Nebraska, except
those on Indian lands, is the program administered by the Nebraska Oil
and Gas Conservation Commission, approved by EPA pursuant to section
1425 of the SDWA.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Nebraska. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Rules and Regulations of the Nebraska Oil and Gas Conservation
Commission, Rules 1 through 6 (as published by the Commission, May
1981);
(2) Revised Statutes of Nebraska, sections 57-903 and 57-906
(Reissue 1988).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for select sections identified in
paragraph (a) of this section, are also part of the approved state-
administered program:
(1) Chapter 57, Oil and Gas Conservation, Revised Statutes of
Nebraska sections 57-901 through 57-922 (Reissue 1985).
(c) The Memorandum of Agreement between EPA Region VII and the
Nebraska Oil and Gas Conservation Commission, signed by the EPA Regional
Administrator on July 12, 1982.
(d) Statement of legal authority. (1) ``Nebraska Underground
Injection Control Program, Attorney General's Statement for Class II
Wells,'' signed by Assistant Attorney General for Attorney General of
Nebraska, as submitted with ``State of Nebraska Request for
Administration of UIC Program,'' January 23, 1982;
(2) ``Re: Nebraska Underground Injection Control Program, Addendum
to Attorney General's Statement for Class II Wells,'' signed by
Assistant Attorney General for Attorney General of Nebraska,'' undated.
(e) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 52 FR 17681, May 11, 1987; 56
FR 9417, Mar. 6, 1991]
Sec. 147.1401 State administered program--Class I, III, IV and V wells.
The UIC program for Class I, III, IV, and V wells in the State of
Nebraska, except those on Indian lands, is the program administered by
the Nebraska Department of Environmental Control, approved by EPA
pursuant to section 1422 of the SDWA.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Nebraska. This incorporation by
reference was approved by the
[[Page 607]]
Director of the Federal Register effective June 26, 1984.
(1) Nebraska Environmental Protection Act, Revised Statutes of
Nebraska sections 81-1502, 81-1506, 81-1519, and 81-1520 (Reissue 1987);
(2) Nebraska Department of Environmental Control, Title 122--Rules
and Regulations for Underground Injection and Mineral Production Wells,
Effective Date: February 16, 1982, Amended Dates: November 12, 1983,
March 22, 1984; as amended by amendment approved by the Governor on
January 2, 1989.
(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of the approved State-
administered program:
(1) Nebraska Environmental Protection Act, Nebraska Revised Statutes
sections 81-1502, 81-1506, 81-1519, and 81-1520 (Reissue 1987 and Cumm.
Supp. 1988);
(c)(1) The Memorandum of Agreement between EPA Region VII and the
Nebraska Department of Environmental Control, signed by the EPA Regional
Administrator on July 12, 1982.
(2) Addendum to Underground Injection Control Memorandum of
Agreement signed by the EPA Regional Administrator on July 12, 1982.
(3) Amendments to the Memorandum of Agreement signed by the EPA
Regional Administrator on November 22, 1983.
(d) Statement of legal authority. (1) ``Nebraska Underground
Injection Control Program, Attorney General's Statement for Class I,
III, IV, and V Wells'', signed by Assistant Attorney General for
Attorney General of Nebraska, as submitted with ``State of Nebraska
Request for Administration of UIC Program, January 28, 1982;
(2) Letter from Attorney General (of Nebraska), by Assistant
Attorney General, to Director, (Nebraska) Department of Environmental
Control, August 7, 1981;
(3) Letter from Attorney General (of Nebraska), by Assistant
Attorney General, to Director, (Nebraska) Department of Environmental
Control, April 29, 1982;
(4) Letter from Attorney General (of Nebraska), by Assistant
Attorney General, to Legal Counsel, (Nebraska) Department of
Environmental Control, October 18, 1983.
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
(42 U.S.C. 1422)
[49 FR 24134, June 12, 1984, as amended at 52 FR 17681, May 11, 1987; 56
FR 9417, Mar. 6, 1991]
Sec. 147.1402 Aquifer exemptions. [Reserved]
Sec. 147.1403 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Nebraska is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
Lands in Nebraska is June 25, 1984.
[52 FR 17681, May 11, 1987, as amended at 56 FR 9417, Mar. 6, 1991]
Subpart DD--Nevada
Sec. 147.1450 State-administered program.
The UIC program for all classes of underground injection wells in
the State of Nevada, other than those on Indian lands, is the program
administered by the Nevada Division of Environmental Protection approved
by EPA pursuant to section 1422 of the SDWA. Notice of this approval was
published in the Federal Register on February 18, 1988; the effective
date of this program is October 5, 1988. This program consists of the
following elements, as submitted to EPA in the State's program
application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Nevada. This incorporation by reference
was approved by the
[[Page 608]]
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies may be obtained at the Nevada Department of
Conservation and Natural Resources, Division of Environmental
Protection, 201 South Fall Street, Carson City, Nevada 89710.
Copies may be inspected at the Environmental Protection Agency,
Region IX, 215 Fremont Street, San Francisco, California 99105, or at
the Office of the Federal Register, 800 North Capitol Street NW., suite
700, Washington, DC.
(1) Nevada Revised Statutes [NRS], Volume 25, Chapters 445.131
through 445.354, Inclusive. 1987.
(2) Nevada Revised Statutes [NRS], Volume 29, Chapters 534A.010
through 534A.090, Inclusive. 1987.
(3) Nevada Revised Statutes [NRS], Volume 28, Chapters 522.010
through 522.190, Inclusive. 1987.
(4) Nevada Administrative Code [NAC], Underground Injection Control
Regulations, Sections 1 through 96.1, Inclusive. July 22, 1987, revised
September 3, 1987 (amending NAC Chapter 445).
(5) Nevada Administrative Code [NAC], Regulations and Rules of
Practice and Procedure adopted Pursuant to NRS 534A, Sections 1 through
69, Inclusive. November 12, 1985 (amending NAC Chapter 534A).
(6) Nevada Administrative Code [NAC], Regulations and Rules of
Practice and Procedure adopted Pursuant to NRS 522.010 through 522.625,
Inclusive. July 22, 1987 (amending NAC Chapter 522).
(b) The Memorandum of Agreement between EPA Region 9 and the Nevada
Department of Conservation and Natural Resources signed by the EPA
Regional Administrator on April 6, 1988.
(c) Statement of Legal Authority. Statement and Amendment to the
Statement from the Attorney General of the State of Nevada, signed on
July 22, 1987 and November 6, 1987 respectively, by the Deputy Attorney
General.
(d) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[53 FR 39089, Oct. 5, 1988]
Sec. 147.1451 EPA administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Nevada is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective dates. The effective date of the UIC program for
Indian lands in Nevada is June 25, 1984.
[53 FR 43088, Oct. 25, 1988, as amended at 56 FR 9417, Mar. 6, 1991]
Sec. 147.1452 Aquifer exemptions. [Reserved]
Sec. 147.1453 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable; or
(b) A value for well head pressure calculated by using the formula:
Pm=(0.733-0.433 Sg)d
where
Pm=injection pressure at the wellhead in pounds per square inch
Sg=specific gravity of injected fluid (unitless)
d=injection depth in feet.
Sec. 147.1454 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
[[Page 609]]
writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for public hearing, according to the provisions
of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
field rules for maximum injection pressure based on data provided
pursuant to paragraph (a)(2)(ii) of this section the owner or operator
shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within one year following the effective date
of this program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) of this section, as needed to protect USDWs.
Subpart EE--New Hampshire
Sec. 147.1500 State-administered program.
The UIC program for all classes of wells in the State of New
Hampshire, except those wells on Indian lands, is the program
administered by the New Hampshire Department of Environmental Services,
approved by the EPA pursuant to section 1422 of the SDWA. Notice of this
approval was published in the FR on September 21, 1982 (47 FR 41561);
the effective date of this program is October 21, 1982. This program
consists of the following elements:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of New Hampshire. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) New Hampshire Revised Statutes Annotated section 149:8 III(a)
(1978);
(2) New Hampshire Code of Administrative Rules, Part Wc 410
(Protection of Groundwaters of the State, sections Ws 410.1 through Ws
410.16) (Issue Ws 3-82).
(b)(1) The Memorandum of Agreement between EPA Region I and the New
Hampshire Water Supply and Pollution Control Commission, signed by the
EPA Regional Administrator on August 23, 1982;
[[Page 610]]
(2) Amendment No. 1 to the Memorandum of Agreement, signed by the
EPA Regional Administrator on July 16, 1982.
(c) Statement of legal authority. (1) Letter from Attorney General
of New Hampshire to Regional Administrator, EPA Region I, ``Re: Attorney
General's Statement--Underground Injection Control Program,'' March 23,
1982;
(2) Letter from Attorney General of New Hampshire to Regional
Administrator, EPA Region I, ``Re: Attorney General's Statement--
Underground Injection Control Program,'' July 1, 1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43088, Oct. 25, 1988; 56
FR 9417, Mar. 6, 1991]
Sec. 147.1501 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of New Hampshire is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in New Hampshire is November 25, 1988.
[53 FR 43088, Oct. 25, 1988, as amended at 56 FR 9417, Mar. 6, 1991]
Subpart FF--New Jersey
Sec. 147.1550 State-administered program.
The UIC program for all classes of wells in the State of New Jersey,
except those on Indian lands, is the program administered by the New
Jersey Department of Environmental Protection, approved by EPA pursuant
to section 1422 of the SDWA. Notice of this approval was published in
the Federal Register on July 15, 1983 (48 FR 32343); the effective date
of this program is August 15, 1983. This program consists of the
following elements, as submitted to EPA in the State's program
application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of New Jersey. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Water Pollution Control Act, New Jersey Statutes Annotated
sections 58:10A-1 through 58:10A-20 (West 1982 and Supp. 1990);
(2) New Jersey Administrative Code, sections 7:14A-1.1 through 1.9
(subchapter 1), 7:14A-2.1 through 2.15 (subchapter 2), 7:14A-5.1 through
5.17, (subchapter 5) (amended March 1988).
(b)(1) The Memorandum Agreement between EPA Region II and the New
Jersey Department of Environmental Protection, signed by the EPA
Regional Administrator on September 9, 1982;
(2) Letter from Commissioner, New Jersey Department of Environmental
Protection, to Regional Administrator, EPA Region II, March 21, 1983.
(c) Statement of legal authority. (1) Letter from Attorney General
of New Jersey (by Deputy Attorney General) to Commissioner, Department
of Environmental Protection, ``Re: New Jersey Pollutant Discharge
Elimination System--Underground Injection Control,'' February 9, 1982;
(2) Letter from Attorney General of New Jersey (by Deputy Attorney
General) to Commissioner, Department of Environmental Protection, ``Re:
New Jersey Pollutant Discharge Elimination System--Underground Injection
Control,'' April 15, 1983 (six pages);
(3) Letter from Attorney General of New Jersey (by Assistant
Attorney General) to Commissioner, Department of Environmental
Protection, ``Re: New Jersey Pollutant Discharge Elimination System--
Underground Injection Control,'' April 15, 1983 (two pages).
(d) The Program Description and any other materials submitted as
part of
[[Page 611]]
the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43089, Oct. 25, 1988; 56
FR 9417, Mar. 6, 1991]
Sec. 147.1551 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of New Jersey is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in New Jersey is November 25, 1988.
[53 FR 43089, Oct. 25, 1988, as amended at 56 FR 9417, Mar. 6, 1991]
Subpart GG--New Mexico
Sec. 147.1600 State-administered program--Class II wells.
The UIC program for Class II wells in the State of New Mexico,
except for those on Indian lands, is the program administered by the New
Mexico Energy and Minerals Department, Oil Conservation Division,
approved by EPA pursuant to section 1425 of the SDWA. Notice of this
approval was published in the Federal Register on February 5, 1982 (47
FR 5412); the effective date of this program is March 7, 1982. This
program consists of the following elements as submitted to EPA in the
State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of New Mexico. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Oil and Gas Act, New Mexico Statutes Annotated sections 70-2-1
through -36 (1978);
(2) State of New Mexico Energy and Mineral Department, Oil
Conservation Division--Rules and Regulations (dated 10-1-78), sections
B-3, I-701 through I-708, M-1100 through M-1121.
(b)(1) The Memorandum of Agreement between EPA Region VI and the New
Mexico Energy and Minerals Department, Oil Conservation Division, signed
by the EPA Regional Administrator on December 10, 1981;
(2) Addendum No. 1 to the Memorandum of Agreement, signed by the EPA
Regional Administrator on June 28, 1982;
(3) Addendum No. 2 to the Memorandum of Agreement, signed by the EPA
Regional Administrator on November 18, 1982;
(4) Letter from Director, Oil Conservation Division, New Mexico
Energy and Minerals Department, and Assistant Attorney General of New
Mexico, to Regional Administrator, EPA Region VI, November 6, 1981.
(c) Statement of legal authority. ``Statement of Legal Authority of
the State of New Mexico by and through its Oil Conservation Division of
the Energy and Mines Department to conduct an Underground Injection
Control Program,'' signed by Assistant Attorney General and General
Counsel to the Oil Conservation Division.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43089, Oct. 25, 1988]
Sec. 147.1601 State-administered program--Class I, III, IV and V wells.
The UIC program for Class I, III, IV and V injection wells in the
State of New Mexico, except for those on Indian lands, is the program
administered by the New Mexico Water Quality Control Commission, the
Environmental Improvement Division, and the Oil Conservation Division,
approved by EPA pursuant to section 1422 of the SDWA. Notice of this
approval was published in the Federal Register on July 11, 1983 (48 FR
31640); the effective date of this program is August 10, 1983. This
program consists of the following elements, as submitted to EPA in the
State's program application:
[[Page 612]]
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of New Mexico. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) New Mexico Water Quality Control Commission Regulations (WQCC
82-1) sections 1-100 through 5-300 (September 20, 1982).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference, are also part of the approved State-
administered UIC program:
(1) Water Quality Act, New Mexico Statutes Annotated sections 74-6-1
through 74-6-13 (1978 and Supp. 1982);
(2) Geothermal Resources Conservation Act, New Mexico Statutes
Annotated sections 71-5-1 through 71-5-24 (1978 and Supp. 1982);
(3) Surface Mining Act, New Mexico Statutes Annotated sections 69-
25A-1 through 69-25A-35 (1978 and Supp. 1980).
(c)(1) The Memorandum of Agreement between EPA Region VI and the New
Mexico Water Quality Control Commission, the Environmental Improvement
Division, and the Oil Conservation Division, signed by the EPA Regional
Administrator on April 13, 1983;
(2) Letter from the Director, Environmental Improvement Division and
the Director, Oil Conservation Division, to Regional Administrator, EPA
Region IV, ``Re: New Mexico Underground Injection Control Program--
Clarification,'' February 10, 1983.
(d) Statement of legal authority. ``Attorney General's Statement,''
signed by the Assistant Attorney General for the Environmental
Improvement Division, the Assistant Attorney General for Oil
Conservation Division, and the Deputy Attorney General, Civil Division,
Counsel for the Mining and Minerals Division, undated, submitted
December 8, 1982.
(e) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43089, Oct. 25, 1988]
Sec. 147.1603 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in New Mexico is administered by EPA. The program consists of the
requirements set forth at Subpart HHH of this part. Injection well
owners and operators and EPA shall comply with these requirements.
(b) Effective date. The effective date for the UIC program on Indian
lands in New Mexico is November 25, 1988.
[53 FR 43089, Oct. 25, 1988]
Subpart HH--New York
Sec. 147.1650 State-administered program. [Reserved]
Sec. 147.1651 EPA-administered program.
(a) Contents. The UIC program for the State of New York, including
all Indian lands, is administered by EPA. The program consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date of the UIC program for New
York for all injection activities except those on lands of the Seneca
Indian Tribe is June 25, 1984. The effective date for the UIC program
for the lands of the Seneca Indian Tribe is November 25, 1988.
[53 FR 43089, Oct. 25, 1988; 54 FR 10616, Mar. 14, 1989, as amended at
56 FR 9417, Mar. 6, 1991]
Sec. 147.1652 Aquifer exemptions.
(a) This section identifies any aquifer or their portions exempted
in accordance with Secs. 144.7(b) and 146.4 of this chapter at the time
of program promulgation. EPA may in the future exempt other aquifers or
portions, according to applicable procedures, without codifying such
exemptions in this section. An updated list of exemptions will be
maintained in the Regional office.
[[Page 613]]
(b) The following portions of aquifers are exempted in accordance
with the provisions of Sec. 144.7(b) and Sec. 146.4 of this chapter for
Class II injection activities only:
(1) The Bradford First, Second, and Third Sand Members and the Kane
Sand Member in the Bradford Field in Cattaraugus County.
(2) The Chipmunk Oil field in Cattaraugus County.
Sec. 147.1653 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable; or
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.733-0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of inject fluid (unitless)
d=injection depth in feet.
Sec. 147.1654 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure, or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressure based on data provided pursuant to
paragraph (a)(2)(ii) of this section the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within one year of the effective date of this
program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(iii) For wells as described in Sec. 146.8(b)(3)(ii), installing a
smaller diameter pipe inside the existing injection tubing and setting
it on an appropriate packer; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 50
feet above the injection zone; and
(3) Use cement:
[[Page 614]]
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) of this section as needed to protect USDWs.
Sec. 147.1655 Requirements for wells authorized by permit.
(a) The owner or operator of a Class I well authorized by permit
shall install or shall ensure that the well has:
(1) Surface casing present;
(i) Extending from the surface to a depth at least 50 feet below the
base of the lowermost USDW; and
(ii) Cemented back to the surface by recirculating the cement; and
(2) Long string casing and tubing;
(i) Extending to the injection zone; and
(ii) Cemented back to 50 feet above the base of the next largest
casing string.
(b) The owner or operator of a new Class II well authorized by
permit shall:
(1) Install surface casing from the surface to at least 50 feet
below the base of the lowermost USDW.
(2) Cement the casing by recirculating to the surface or by using no
less than 120% of the calculated annular volume.
(3) For new enhanced recovery wells, install tubing or long string
casing extending to the injection zone.
(4) For new salt water disposal wells, install long string casing
and tubing extending to the injection zone.
(5) Isolate any injection zone by placing sufficient cement to fill
the calculated volume to a point 50 feet above the injection zone.
(c) The Regional Administrator may specify casing and cementing
requirements other than those listed in paragraphs (a) and (b) of this
section on a case by case basis as conditions of the permit.
Subpart II--North Carolina
Sec. 147.1700 State-administered program.
The UIC program for all classes of wells in the State of North
Carolina, except those wells on Indian lands, is the program
administered by the North Carolina Department of Environment, Health and
Natural Resources approved by EPA pursuant to section 1422 of the SDWA.
Notice of this approval was published in the Federal Register on April
19, 1984 (49 FR 15553); the effective date of this program is April 19,
1984. This program consists of the following elements, as submitted to
EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of North Carolina. This incorporation by
reference was approved by the Director of the OFR in accordance with 5
U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained at the North
Carolina Department of Environment, Health and Natural Resources, P.O.
Box 27687, Raleigh, North Carolina 27611. Copies may be inspected at the
Environmental Protection Agency, Region IV, 345 Courtland Street, NE.,
Atlanta, Georgia 30365, or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
(1) Administrative Procedure Act, N.C. GEN. STAT. 150B-1 through
150B-64 (1987 and Cumm. Supp. 1989);
(2) North Carolina Well Construction Act, N.C. GEN. STAT. Secs. 87-
83 through 87-99 (1989 and Cumm. Supp. 1989);
(3) Water and Air Resources, N.C. GEN. STAT. Secs. 143-211 through
143-215.10 (1987 and Cumm. Supp. 1989);
(4) Solid Waste Management, N.C. GEN. STAT. Secs. 130A-290 through
130A-309.03 (1989);
(5) North Carolina Drinking Water Act, N.C. GEN. STAT. Secs. 130A-
311 through 130A-332 (1989);
(6) Sanitary Sewage Systems, N.C. GEN. STAT. Secs. 130A-333 through
130A-335 (1989).
(b) Other laws. The following rules and regulations, although not
incorporated by reference, are also part of
[[Page 615]]
the approved State-administered program:
(1) N.C. ADMIN. CODE, Title 15, r. 02L.0100 et seq. Groundwater
Classification and Standards: General Considerations (September 22,
1988);
(2) N.C. ADMIN. CODE, Title 15, r. 02L.0100 et seq. Criteria and
Standards Applicable to Injection Wells (September 22, 1988).
(c) Memorandum of Agreement. The Memorandum of Agreement between the
State of North Carolina and EPA Region IV, signed March 1, 1984.
(d) Statement of legal authority. (1) Underground Injection Control
Program, Attorney General's Statement (June 15, 1982);
(2) Amendment to Underground Injection Control Program, Attorney
General's Statement (February 9, 1984).
(e) Program Description. The Program Description and other materials
submitted as part of the application or as supplements thereto.
[56 FR 9417, Mar. 6, 1991]
Secs. 147.1701--147.1702 [Reserved]
Sec. 147.1703 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of North Carolina is administered by EPA. This
program consists of the UIC program requirements of 40 CFR parts 124,
144, 146, 148, and any additional requirements set forth in the
remainder of this subpart. Injection well owners and operators, and EPA
shall comply with these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in North Carolina is November 25, 1988.
[53 FR 43089, Oct. 25, 1988, as amended at 56 FR 9418, Mar. 6, 1991]
Secs. 147.1704--147.1749 [Reserved]
Subpart JJ--North Dakota
Sec. 147.1750 State-administered program--Class II wells.
The UIC program for Class II wells in the State of North Dakota,
except those on Indian lands, is the program administered by the North
Dakota Industrial Commission, approved by EPA pursuant to section 1425
of the SDWA. Notice of this approval was published in the Federal
Register on August 23, 1983 (48 FR 38237); the effective date of this
program is September 24, 1983. This program consists of the following
elements, as submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of North Dakota. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) North Dakota Century Code, Chapter 38-08 (Control of Gas and Oil
Resources, 1987 and Supp. 1989);
(2) North Dakota Administrative Code, Chapter 43-02-05 (Underground
Injection Control, as published in Statutes and Rules for the
Conservation of Oil and Gas, North Dakota Industrial Commission, revised
effective November 1, 1987);
(3) North Dakota Administrative Code, Chapter 43-02-03 (General
Rules, as published in Statutes and Rules for the Conservation of Oil
and Gas, North Dakota Industrial Commission, revised effective November
1, 1987).
(b) The Memorandum of Agreement between EPA Region VIII and the
North Dakota Industrial Commission, Oil and Gas Division, signed by the
EPA Regional Administrator on June 16, 1983, as amended September 7,
1989.
(c) Statement of legal authority. ``Underground Injection Control
Program Attorney General's Statement,'' as submitted with the North
Dakota Underground Injection Control Program Primacy Application for
Class II Injection Wells, transmitted by the Governor on July 15, 1982
(16 pages).
(d) The Program Description and other materials submitted as part of
the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43089, Oct. 25, 1988; 56
FR 9418, Mar. 6, 1991]
[[Page 616]]
Sec. 147.1751 State-administered program--Class I, III, IV and V wells.
The UIC program for Class I, III, IV, and V wells in the State of
North Dakota, except those on Indian lands, is the program administered
by the North Dakota Department of Health, approved by EPA pursuant to
section 1422 of the SDWA. Notice of this approval was published in the
Federal Register on September 21, 1984; the effective date of this
program is October 5, 1984. This program consists of the following
elements, as submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of North Dakota. This incorporation by
reference was approved by the Director of the Federal Register effective
October 5, 1984.
(1) North Dakota Century Code Sections 38-12-01, 38-12-03 (1980);
(2) North Dakota Century Code, Sections 61-28-02 and 61-28-06
(1989);
(3) North Dakota Administrative Code Sections 33-25-01-01 through
33-25-01-18 (North Dakota State Health Department Underground Control
Program) (1983);
(4) North Dakota Administrative Code, Chapter 43-02-02 (Subsurface
Mineral Exploration and Development) (August 1986), and Chapter 43-02-
02.1 (Underground Injection Control Program) (March 1, 1984);
(5) North Dakota Administrative Code Sections 43-02-02-1-01 through
43-02-02-1-18 (North Dakota Geological Survey--Undergound Injection
Control Program) (1984);
(b) Other laws. The following statutes and regulations, although not
incorporated by reference, also are part of the approved State-
administered program;
(1) North Dakota Environmental Law Enforcement Act of 1975, North
Dakota Century Code Sections 32-40-01 to 32-40-11 (1976);
(2) North Dakota Century Code, Ch. 38-12 (Regulation, Development,
and Production of Subsurface Minerals) (1979);
(3) North Dakota Century Code Chapter 61-28 (Control, Prevention and
Abatement of Pollution of Surface Waters) (1989);
(4) North Dakota Administrative Code Article 33-22 (Practice and
Procedure) (1983).
(c) The Memorandum of Agreement between EPA Region VIII and the
North Dakota Department of Health, signed by the EPA Regional
Administrator on May 18, 1984.
(d) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[49 FR 37066, Sept. 21, 1984, as amended at 56 FR 9418, Mar. 6, 1991]
Sec. 147.1752 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of North Dakota is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in North Dakota is November 25, 1988.
[53 FR 43089, Oct. 25, 1988, as amended at 56 FR 9418, Mar. 6, 1991]
Subpart KK--Ohio
Sec. 147.1800 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Ohio, except for
those on Indian lands, is the program administered by the Ohio
Department of Natural Resources, approved by EPA pursuant to section
1425 of the SDWA. Notice of this approval was published in the Federal
Register on August 23, 1983 (48 FR 38238); the effective date of this
program is September 22, 1983. This program consists of the following
elements, as submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by
[[Page 617]]
reference and made a part of the applicable UIC program under the SDWA
for the State of Ohio. This incorporation by reference was approved by
the Director of the Federal Register on June 25, 1984.
(1) Ohio Revised Code Annotated, sections 1509.01 through 1509.22
(Page 1978 and Supp. 1982);
Editorial Note: For Federal Register citations affecting
Sec. 371.17, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
(2) Rules of the Division of Oil and Gas, Ohio Administrative Code
sections 1501:91-01, through 1501: 9-11-13 (1983).
(b) The Memorandum of Agreement between EPA Region V and the Ohio
Department of Natural Resources.
(c) Statement of legal authority. ``Underground Injection Control
Program--Attorney General's Statement,'' signed by the Assistant
Attorney General, Chief, Environmental Law Section, for the Attorney
General of Ohio, September 30, 1982.
(d) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43089, Oct. 25, 1988]
Sec. 147.1801 State-administered program--Class I, III, IV and V wells.
The UIC program for Class I, III, IV, and V wells in the State of
Ohio, other than those on Indian lands, is the program administered by
the Ohio Department of Natural Resources and the Ohio Environmental
Protection Agency, approved by EPA pursuant to section 1422 of the SDWA.
Notice of this approval was published in the Federal Register on
November 29, 1984; the effective date of this program is January 14,
1985. This program consists of the following elements, as submitted to
EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Ohio. This incorporation by reference
was approved by the Director of the Federal Register effective January
14, 1985.
(1) Ohio Revised Code Annotated, sections 1509.01, 1509.03, 1509.221
(Supp. 1983);
(2) Rules of the Division of Oil and Gas, Ohio Administrative Code,
sections 1501:9-7-01 through 7-14 (1984);
(3) Ohio Revised Code Annotated, sections 6111.04, 6111.043,
6111.044 (Supp. 1983);
(4) Rules of the Ohio Environmental Protection Agency, Ohio
Administrative Code, sections 3745-34-01 through 34-41; 3745-9-01
through 9-11 (Director Ohio EPA Order, June 18, 1984).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference, also are part of the approved State-
administered program:
(1) Ohio Revised Code, Chapter 119 (1978 Replacement Part);
(2) Ohio Code Supplement, sections 6111.041, 6111.042, 6111.045
(Supp. 1982).
(c) (1) The Memorandum of Agreement between EPA Region V and the
Ohio Department of Natural Resources, signed by the EPA Regional
Administrator on March 30, 1984;
(2) Memorandum of Agreement between the Ohio Department of Natural
Resources and the Ohio Environmental Protection Agency, Related to the
Underground Injection Control Program for the State of Ohio, signed
August 1, 1984.
(d) Statement of legal authority. Statement from Attorney General of
the State of Ohio, by Senior Assistant Attorney General, ``Underground
Injection Control Program--Attorney General's Statement,'' July 25,
1984.
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[49 FR 46897, Nov. 29, 1984]
Sec. 147.1802 Aquifer exemptions. [Reserved]
Sec. 147.1803 Existing Class I and III wells authorized by rule--maximum injection pressure.
The owner or operator shall limit injection pressure to the lesser
of:
[[Page 618]]
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3)(i); or
(b) A value for well head pressure calculated by using the following
formula:
Pm = (0.8--0.433 Sg) d
where
Pm = injection pressure at the well head in pounds per square inch
Sg = specific gravity of injected fluid (unitless)
d = injection depth in feet.
[49 FR 45308, Nov. 15, 1984]
Sec. 147.1805 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Ohio is administered by EPA. This program consists
of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and
any additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Ohio is November 25, 1988.
[53 FR 43089, Oct. 25, 1988, as amended at 56 FR 9418, Mar. 6, 1991]
Subpart LL--Oklahoma
Sec. 147.1850 State-administered program--Class I, III, IV and V wells.
The UIC program for Class I, III, IV, and V wells in the State of
Oklahoma, except those on Indian lands, is the program administered by
the Oklahoma State Department of Health, approved by EPA pursuant to
SDWA section 1422. Notice of this approval was published in the Federal
Register on June 24, 1982 (47 FR 27273). The effective date of this
program is July 24, 1982. This program consists of the following
elements, as submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Oklahoma. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Oklahoma Statutes title 63 sections 1-901, 1-903 (1981);
(2) Oklahoma Controlled Industrial Waste Disposal Act, Oklahoma
Statute Annotated title 63 sections 1-2002, 1-2014 (West Supp. 1983-
1984);
(3) Regulations. [Reserved]
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for select sections identified in
paragraph (a) of this section, are also part of the approved State-
administered UIC program:
(1) Oklahoma Open Meeting Act, Oklahoma Statutes title 25 sections
301 through 314 (Supp. 1978);
(2) Oklahoma Statutes Annotated title 63 sections 1-101 to 1-114, 1-
901 to 1-911, 1-1601 et seq., 1-1701, 1-2001 to 1-2014 (West 1973 and
Supp. 1982);
(3) Oklahoma Statutes Annotated title 75 sections 301 to 327 (West
1976 and Supp. 1982).
(c) (1) The Memorandum of Agreement between EPA Region VI and the
Oklahoma State Department of Health, signed by the EPA Regional
Administrator on April 13, 1982;
(2) Memorandum of Understanding between the Oklahoma State
Department of Health and the Oklahoma Corporation Commission (OCC),
signed by members of the OCC on February 12, 1982;
(3) Memorandum of Understanding between the Oklahoma State
Department of Health and the Oklahoma Department of Mines (ODM), signed
by the Deputy Chief Mine Inspector, ODM, on February 15, 1982.
(d) Statement of legal authority. Letter from Attorney General of
Oklahoma to Commissioner of Health, Oklahoma State Department of Health,
``Re: Statement and Memorandum of Law Concerning the Authority for the
Oklahoma State Department of Health's Underground Injection Control
Program,'' February 12, 1982.
(e) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43090, Oct. 25, 1988]
[[Page 619]]
Sec. 147.1851 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Oklahoma,
including the lands of the Five Civilized Tribes, but not including
those on other Indian lands, is the program administered by the Oklahoma
Corporation Commission approved by EPA pursuant to SDWA section 1425.
Notice of this approval was published in the Federal Register on
December 2, 1981 (46 FR 58588). This program consists of the following
elements, as submitted to EPA in the State's program application:
(a) Incorporation by reference. [Reserved]
(b) Other laws. The following statutes and regulations, although not
incorporated by reference, are also part of the approved State-
administered UIC program:
(1) Oklahoma Statutes, title 17 sections 51-53; title 52 sections
86.1-86.5, 139-153, 243, 307-318.1 (1971).
(2) OCC-OGR Rules No. 1-101-3-303.
(c) (1) The Memorandum of Agreement between EPA Region VI and the
Oklahoma Corporation Commission, signed by the EPA Regional
Administrator on April 13, 1981;
(2) Letter from the Manager, Underground Injection Control, Oklahoma
Corporation Commission, to EPA, June 18, 1981.
(d) Statement of legal authority. ``Statement of Legal Authority of
the Oklahoma Corporation Commission to Conduct an Underground Injection
Control Program,'' (Part IV, pages 30-41 of ``State of Oklahoma Primacy
Application for Authority to Regulate Class II Injection Wells,''
submitted April 14, 1981), signed by the Conservation Attorney, Counsel
to the Director and the Oklahoma Corporation Commission.
(e) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43090, Oct. 25, 1988]
Sec. 147.1852 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all wells on Indian lands in
Oklahoma, except Class II wells on the lands of the Five Civilized
Tribes, is administered by EPA. The UIC program for Class II wells on
the Osage Mineral Reserve consists of the requirements set forth in
subpart GGG of this part. The UIC program for all other wells on Indian
lands consists of the requirements set forth in subpart III of this
part. Injection well owners and operators and EPA shall comply with
these requirements.
(b) Effective date. The effective date for UIC program for Class II
wells on the Osage Mineral Reserve is December 30, 1984. The effective
date for the UIC program for all other wells on Indian lands is November
25, 1988.
[53 FR 43090, Oct. 25, 1988]
Subpart MM--Oregon
Sec. 147.1900 State-administered program.
The UIC program for all classes of wells in the State of Oregon,
except those on Indian lands, is administered by the Oregon Department
of Environmental Quality, approved by EPA pursuant to section 1422 and
section 1425 of the SDWA. Notice of this approval was published in the
Federal Register on September 25, 1984; the effective date of this
program is October 9, 1984. This program consists of the following
elements, as submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Oregon. This incorporation by reference
was approved by the Director of the Federal Register effective October
9, 1984.
(1) Oregon Revised Statutes, Title 16, chapter 164, section 164.785;
Title 36, chapter 468, sections 468.005, 468.065 to 468.070, 468.700 to
468.815; Title 43, chapter 520 sections 520.005, 520.095, 520.155--
520.330 (1983);
(2) Oregon Administrative Rules, Chapter 340, Division 44, sections
340-44-005 through 340-44-055 (October 1983); Chapter 340, Division 45,
sections 340-45-005 through 340-45-075 (January 1990); Chapter 632,
Division 10, sections 632-10-002 through 632-10-235 (May 1986);
[[Page 620]]
Chapter 632, Division 20, sections 632-20-005 through 632-20-180 (May
1984).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference, also are part of the approved State-
administered program:
(1) Oregon Revised Statutes, Chapter 183 (1987); 192.420, 192.500,
459.460(3), 468.005 through 468.605, and 468.780 through 468.997;
Chapters 516 and 522 (1983);
(2) Oregon Administrative Rules, chapter 137, Div. 3 (July 1982);
chapter 340, Div. 11 (April 1988); chapter 340, Div. 12 (March 1989);
chapter 340, Div. 14 (November 1983); chapter 340, Div. 52 (November
1983); chapter 632, Div. 1 (June 1980); chapter 632, Div. 20 (January
1981).
(c)(1) The Memorandum of Agreement between EPA Region X and the
Oregon Department of Environmental Quality, signed by the EPA Regional
Administrator on May 3, 1984.
(d) Statement of legal authority. (1) ``Underground Injection
Control Program Legal Counsel's Statement,'' October 1983, signed by the
Assistant Attorney General, Oregon;
(2) Opinion of the Attorney General, Oregon, 35 Op. Attorney General
1042 (1972).
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[49 FR 37594, Sept. 25, 1984, as amended at 53 FR 43090, Oct. 25, 1988;
56 FR 9418, Mar. 6, 1991]
Sec. 147.1901 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Oregon is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Oregon is November 25, 1988.
[53 FR 43090, Oct. 25, 1988, as amended at 56 FR 9419, Mar. 6, 1991]
Subpart NN--Pennsylvania
Sec. 147.1950 State-administered program. [Reserved]
Sec. 147.1951 EPA-administered program.
(a) Contents. The UIC program for the State of Pennsylvania,
including all Indian lands, is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective dates. The effective date for the UIC program on
Indian lands is November 25, 1988. The effective date for the UIC
program for the rest of Pennsylvania is June 25, 1984.
[53 FR 43090, Oct. 25, 1988, as amended at 56 FR 9419, Mar. 6, 1991]
Sec. 147.1952 Aquifer exemptions.
(a) This section identifies any aquifers or their portions exempted
in accordance with Secs. 144.7(b) and 146.4 of this chapter at the time
of program promulgation. EPA may in the future exempt other aquifers or
portions, according to applicable procedures, without codifying such
exemptions in this section. An updated list of exemptions will be
maintained in the Regional office.
(b) Those portions of the following oil bearing aquifers, which
would otherwise meet the definition of a USDW, are exempted in
accordance with the provisions of Secs. 144.7(b) and 146.4 of this
chapter for Class II enhanced recovery injection activities only.
(1) The Sugar Run and Bradford series of oil producing sands of the
Bradford Field, in McKean County; including the Bradford, West Branch,
Stack, Bennett Brook, Marilla Brook, Brooder Hollow, Cyclone, Minard
Run, Minard Run School, and Sugar Run (or Watsonville) Pools.
(2) The Bradford Third oil producing sand of the Guffey Field in
McKean County.
(3) The Bradford series of oil producing sands of the Lewis Run
Field in McKean County.
[[Page 621]]
(4) The Bradford series of oil producing sands of the Windfall Field
and Kings Run Pool in McKean County.
(5) The Red Valley member of the Second Sand formation of the
Venango Group of oil producing sands in the Foster-Reno Field in Venango
County; including the Foster, Bully Hill, Victory, Bredinsburg, Egypt
Corners, Reno, Monarch Park and Seneca Pools.
(6) The Glade and Clarendon oil producing sands of the Morrison Run
Field and Elk Run Pool in Warren County.
(7) The Clarendon and Glade oil producing sands of the Clarendon
Field in Warren County.
(8) The Bradford Third oil producing sand in the Shinglehouse Field,
including the Kings Run, Janders Run and Ceres Pools in Potter and
McKean Counties.
Sec. 147.1953 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable or
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.733--0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of injection fluid (unitless)
d=injection depth in feet.
Sec. 147.1954 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressure based on data provided pursuant to
paragraph (a)(2)(ii) of this section the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The information shall be
submitted to the Regional Administrator within one year of the effective
date of this regulation.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
[[Page 622]]
(iii) For wells as described in Sec. 146.8(b)(3)(ii), installing a
smaller diameter pipe inside the existing injection tubing and setting
it on an appropriate packer; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 50
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) of this section as needed to protect USDWs.
Sec. 147.1955 Requirements for wells authorized by permit.
(a) The owner or operator of a Class I well authorized by permit
shall install or shall ensure that the well has:
(1) Surface casing present;
(i) Extending from the surface to a depth at least 50 feet below the
base of the lowermost USDW; and
(ii) Cemented back to the surface by recirculating the cement; and
(2) Long string casing and tubing;
(i) Extending to the injection zone; and
(ii) Cemented back to 50 feet above the base of the next largest
casing string.
(b) The owner or operator of a new Class II well authorized by
permit shall:
(1) Install surface casing from the surface to at least 50 feet
below the base of the lowermost USDW.
(2) Cement the casing by recirculating to the surface or by using no
less than 120% of the calculated annular volume.
(3) For new enhanced recovery wells, install tubing or long string
casing extending to the injection zone.
(4) For new salt water disposal wells, install long string casing
and tubing extending to the injection zone.
(5) Isolate any injection zone by placing sufficient cement to fill
the calculated volume to a point 50 feet above the injection zone.
(c) The Regional Administrator may specify casing and cementing
requirements other than those listed in paragraphs (a) and (b) of this
section on a case by case basis as conditions of the permit.
Subpart OO--Rhode Island
Sec. 147.2000 State-administered program--Class I, II, III, IV, and V wells.
The UIC program for all classes of wells in Rhode Island, except
those on Indian lands, is the program administered by the Rhode Island
Department of Environmental Management, approved by EPA pursuant to
section 1422 of the SDWA. Notice of this approval was published in the
Federal Register on August 1, 1984; the effective date of this program
is August 15, 1984. This program consists of the following elements, as
submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Rhode Island. This incorporation by
reference was approved by the Director of the Federal Register effective
August 15, 1984.
(1) Rhode Island Gen. Laws sections 46-12-1, 46-12-5, and 46-12-28
(Supp. 1983);
(2) ``Underground Injection Control Program Rules and Regulations.''
State of Rhode Island and Providence Plantations Department of
Environmental Management. Division of Water Resources (as received by
the Secretary of State, May 21, 1984).
(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of the approved State-
administered program:
[[Page 623]]
(1) Rhode Island General Laws, Section 10-20-1 et seq., entitled
``State Environmental Rights'';
(2) Rhode Island General Laws, Section 23-19.1-1 et seq., entitled
``Hazardous Waste Management'';
(3) Rhode Island General Laws, Section 42-17.1 et seq., entitled
``Department of Environmental Management'';
(4) Rhode Island General Laws, Section 42-35-1 et seq., entitled
``Administrative Procedures'';
(5) Rhode Island General Laws, Section 46-12-1 et seq., entitled
``Water Pollution'';
(6) Hazardous Waste Management Facility Operating Permit Rules and
Regulations--Landfills, at last amended November 2, 1981 (hereinafter
referred to as the ``Hazardous Waste Regulation'');
(7) Water Quality Regulations for Water Pollution Control, effective
November 19, 1981; and
(8) Administrative Rules of Practices and Procedure for Department
of Environmental Management, effective November 12, 1980.
(c) (1) The Memorandum of Agreement between EPA Region I and the
Rhode Island Department of Environmental Management, signed by the EPA
Regional Administrator on March 29, 1984;
(2) Letter from Director, Rhode Island Department of Environmental
Management, to Regional Administrator, EPA Region I, amending Section
III, C of the Memorandum of Agreement, April 25, 1984.
(d) Statement of legal authority. Letter from Attorney General,
State of Rhode Island and Providence Plantations, to Regional
Administrator, EPA Region 1, ``Re: Attorney General's Statement,
Underground Injection Control Program,'' January 17, 1984.
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[49 FR 30699, Aug. 1, 1984, as amended at 53 FR 43090, Oct. 25, 1988]
Sec. 147.2001 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Rhode Island is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Rhode Island is November 25, 1988.
[53 FR 43090, Oct. 25, 1988, as amended at 56 FR 9419, Mar. 6, 1991]
Subpart PP--South Carolina
Sec. 147.2050 State-administered program.
The UIC program for all classes of wells in the State of South
Carolina, except for those on Indian lands, is the program administered
by the South Carolina Department of Health and Environmental Control,
approved by EPA pursuant to section 1422 of the SDWA. Notice of this
approval was published in the Federal Register on July 10, 1984; the
effective date of this program is July 24, 1984. This program con-
sists of the following elements, as submitted to EPA in the State's
program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of South Carolina. This incorporation by
reference was approved by the Director of the Federal Register effective
July 24, 1984.
(1) Pollution Control Act, S.C. Code Ann. Sections 48-1-10, 48-1-90,
48-1-100, 48-1-110 (Law. Co-op. 1976 and Supp. 1983).
(2) South Carolina Department of Health and Environmental Control,
Ground-Water Protection Division, Underground Injection Control
Regulations, R-61-87, Effective Date: June 24, 1983 Published in South
Carolina State Register, Volume 7, Issue 6; Amended Date: March 23,
1984, as amended by notice in South Carolina State Register, Volume 8,
Issue 3.
(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of
[[Page 624]]
the approved State-Administered program:
(1) Pollution Control Act, S.C. Code Ann. Sections 48-1-10 to 48-1-
350 (Law. Co-op. 1976 and Supp. 1983).
(2) State Safe Drinking Water Act, S.C. Code Ann. Sections 44-55-10
to 44-55-100 (Law. Co-op. 1976 and Supp. 1983).
(3) Administrative Procedures Act, S.C. Code Ann. Sections 1-23-10
et seq., and 1-23-310 to 1-23-400 (Law. Co-op. 1976 and Supp. 1983).
(4) S.C. Code Ann. Sections 15-5-20, 15-5-200 (Law. Co-op. 1976 and
Supp. 1983).
(c)(1) The Memorandum of Agreement between EPA Region IV and the
South Carolina Department of Health and Environmental Control signed by
the EPA Regional Administrator on May 29, 1984.
(d) Statement of legal authority. (1) ``Underground Injection
Control Program, Attorney General's Statement for Class I, II, III, IV
and VA and VB Wells,'' signed by the Attorney General of South Carolina
on April 27, 1984.
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[49 FR 28058, July 10, 1984, as amended at 53 FR 43090, Oct. 25, 1988]
Sec. 147.2051 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Rhode Island is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in South Carolina is November 25, 1988.
[53 FR 43090, Oct. 25, 1988, as amended at 56 FR 9419, Mar. 6, 1991]
Subpart QQ--South Dakota
Sec. 147.2100 State-administered program--Class II wells.
The UIC program for Class II wells in the State of South Dakota,
except those on Indian lands, is the program administered by the South
Dakota Department of Water and Natural Resources, approved by EPA
pursuant to section 1425 of the SDWA. Notice of this approval was
published in the Federal Register on October 24, 1984; the effective
date of this program is December 7, 1984. This program con-
sists of the following elements, as submitted to EPA in the State's
program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of South Dakota. This incorporation by
reference was approved by the Director of the Federal Register effective
December 7, 1984.
(1) South Dakota Codified Laws, sections 45-9-2, 45-9-4, 45-9-11,
45-9-13, 45-9-14, 45-9-15 (1983).
(2) Administrative Rules of South Dakota, sections 74:10:02 through
74:10:07, 74:10:09, and 74:10:11 published by the South Dakota Code
Commission, as revised through October 4, 1987.
(b) Other laws. The following statutes and regulations, although not
incorporated by reference, also are part of the approved State-
administered program:
(1) South Dakota Codified Laws, Chapter 45-9 (sections not cited
above) (1983); 1-26 (1981).
(c)(1) The Memorandum of Agreement between EPA Region VIII and the
South Dakota Department of Water and Natural Resources, signed by the
EPA Regional Administrator on July 18, 1984.
(d) Statement of legal authority. (1) ``Underground Injection
Control Program for Class II Wells: Attorney General's Statement,''
signed by Mark V. Meierhery, Attorney General, South Dakota, on January
16, 1984.
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[50 FR 7061, Feb. 20, 1985, as amended at 56 FR 9419, Mar. 6, 1991]
[[Page 625]]
Sec. 147.2101 EPA-administered program--Class I, III, IV and V wells and all wells on Indian lands.
(a) Contents. The UIC program for all Class I, III, IV, and V wells,
including those on Indian lands, and for Class II wells on Indian lands
in the state of South Dakota is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Class
I, III, IV and V wells on all lands in South Dakota, including Indian
lands, and for Class II wells on Indian lands only, is December 30,
1984.
[52 FR 17682, May 11, 1987, as amended at 56 FR 9419, Mar. 6, 1991]
Sec. 147.2102 Aquifer exemptions.
(a) This section identifies any aquifers or their portions exempted
in accordance with Secs. 144.7(b) and 146.4 of this chapter at the time
of program promulgation. EPA may in the future exempt other aquifers or
their portions, according to applicable procedures, without codifying
such exemptions in this section. An updated list of exemptions will be
maintained in the Regional office.
(b) Those portions of all aquifers located on Indian Lands, which
meet the definition of USDW and into which existing Class II wells are
injecting, are exempted within a \1/4\ mile radius of the well for the
purpose of Class II injection activities only.
[49 FR 45308, Nov. 15, 1984]
Sec. 147.2103 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comments, and
opportunity for a public hearings, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure; or
(ii) May inject at a pressure greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the Regional
Administrator, and demonstrates to the satisfaction of the Regional
Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii)(A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
field rules for maximum injection pressure based on data provided
pursuant to paragraph (a)(2)(ii) of this section the owner or operator
shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit to the Regional Administrator data acceptable to the
Regional administrator which defines the fracture pressure of the
formation in which injection is taking place. A single test may be
submitted on behalf of two or more operators conducting operations in
the same formation, if the Regional Administrator approves such
submission.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirement of Secs. 144.28(e) and 146.22, the owner or operator shall
when required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
[[Page 626]]
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operation pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone; and/or
(4) Comply with other requirements which the Regional Administrator
may specify in addition to or in lieu of the requirements set forth in
paragraphs (b) (1) through (3) of this section as needed to protect
USDWs.
[49 FR 45308, Nov. 15, 1984]
Sec. 147.2104 Requirements for all wells.
(a) The owner or operator converting an existing well to an
injection well shall check the condition of the casing with one of the
following logging tools;
(1) A pipe analysis log; or
(2) A caliper log.
(b) The owner or operator of a new injection well cased with plastic
(PVC, ABS, or others) casings shall:
(1) Not construct a well deeper than 500 feet;
(2) Use cement and additives compatible with such casing material;
and
(3) Cement the annular space above the injection intermal from the
bottom of the blank casing to the surface.
(c) The owner or operator of a newly drilled well shall install
centralizers as directed by the Regional Administrator.
(d) The owner or operator shall as required by the Regional
Administrator:
(1) Protect USDWs by:
(i) Setting surface casing 50 feet below the lowermost USDW;
(ii) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(iii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure; and
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may approve alternate casing and
cementing practices provided that the owner or operator demonstrates
that such practices will adequately protect USDWs.
(e) Area of review. Notwithstanding the alternatives presented in
Sec. 146.6 of this chapter, the area of review shall be a fixed radius
as described in Sec. 146.6(b) of this chapter.
(f) The applicant must give separate notice of intent to apply for a
permit to each owner of record of the land within one-quarter mile of
the site. The addresses of those to whom notice is given and the
description of how notice was given shall be submitted with the permit
application. The notice shall include:
(1) The name and address of applicant;
(2) A brief description of the planned injection activities,
including well location, name and depth of the injection zone, maximum
injection pressure and volume, and fluid to be injected;
(3) The EPA contact person; and
(4) A statement that opportunity to comment will be announced after
EPA prepares a draft permit.
This requirement may be waived by the Regional Administrator if he
determines that individual notice to all land owners of record would be
impractical.
[49 FR 45308, Nov. 15, 1984]
Subpart RR--Tennessee
Sec. 147.2150 State-administered program. [Reserved]
Sec. 147.2151 EPA-administered program.
(a) Contents. The UIC program for the State of Tennessee, including
all Indian lands, is administered by EPA.
[[Page 627]]
This program consists of the UIC program requirements of 40 CFR parts
124, 144, 146, 148, and any additional requirements set forth in the
remainder of this subpart. Injection well owners and operators, and EPA
shall comply with these requirements.
(b) Effective dates. Effective date for the UIC program on Indian
lands is November 25, 1988. The effective date for the UIC program for
the rest of Tennessee is June 25, 1984.
[53 FR 43090, Oct. 25, 1988, as amended at 56 FR 9419, Mar. 6, 1991]
Sec. 147.2152 Aquifer exemptions. [Reserved]
Sec. 147.2153 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.
Maximum injection pressure. The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3) (i) or (ii) as applicable or
(b) A value for well head pressure calculated by using the following
formula:
Pm=(0.600-0.433 Sg)d
where
Pm=injection pressure at the well head in pounds per square inch
Sg=specific gravity of inject fluid (unitless)
d=injection depth in feet.
Sec. 147.2154 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating, provided he submits a request in writing to the
Regional Administrator and demonstrates to the satisfaction of the
Regional Administrator that such injection pressure will not violate the
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional
Administrator may grant such a request after notice, opportunity for
comment, and opportunity for a public hearing, according to the
provisions of part 124, subpart A of this chapter.
(2) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressure based on data provided pursuant to
paragraph (a)(2)(ii) of this section the owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within one year of the effective date of this
regulation.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Secs. 144.28(e) and 146.22, the owner or operator shall
comply with paragraphs (b) (1) through (4) of this section, when
required by the Regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to fill
the calculated space between the casing and the well bore to a point 250
feet above the injection zone; and
(3) Use cement:
[[Page 628]]
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs (b)
(1) through (3) of this section, as needed to protect USDWs.
Sec. 147.2155 Requirements for all wells--area of review.
Notwithstanding the alternatives presented in Sec. 146.6 of this
chapter, the area of review shall be a minimum fixed radius as described
in Sec. 146.6(b) of this chapter.
Subpart SS--Texas
Sec. 147.2200 State-administered program--Class I, III, IV, and V wells.
Requirements for Class I, III, IV, and V wells. The UIC program for
Class I, III, IV, and V wells in the State of Texas, except for those
wells on Indian lands, is the State-administered program approved by EPA
pursuant to section 1422 of the SDWA. Notice of this approval was
published on January 6, 1982 (47 FR 618); the effective date of this
program is February 7, 1982. This program consists of the following
elements, as submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Texas. This incorporation by reference
was approved by the Director of the Federal Register on June 25, 1984.
(1) Injection Well Act, Texas Water Code sections 27.002, 27.011
(Vernon Supp. 1984);
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for select sections identified in
paragraph (a) of this section, are also part of the approved State-
administered UIC program:
(1) Texas Water Code Annotated, Chapter 5 (Vernon 1972 and Supp.
1982);
(2) Injection Well Act, Texas Water Code Annotated, Chapter 27
(Vernon 1972 and Supp. 1982);
(3) Rules of Texas Department of Water Resources, Chapter 27; Rules
of Texas Water Development Board, Chapter 22.
(c) The Memorandum of Agreement between EPA Region VI and the Texas
Department of Water Resources, signed by the EPA Regional Administrator
on October 11, 1981.
(d) Statement of legal authority. ``Underground Injection Control
Program--Attorney General's Statement for Class I, III, IV, and V
Injection Wells,'' signed by the Attorney General of Texas, June 11,
1981.
(e) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
(f) Certain Class V wells are under the UIC program of the Texas
Railroad Commission approved on April 23, 1982, under the authorities
cited in Sec. 147.2201 of this part.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43091, Oct. 25, 1988]
Sec. 147.2201 State-administered program--Class II wells
The UIC program for Class II wells in the State of Texas, except for
those wells on Indian lands, is the program administered by the Railroad
Commission of Texas, approved by EPA pursuant to section 1425 of the
SDWA. Notice of this approval was published in the Federal Register on
April 23, 1982 (47 FR 17488). The effective date of this program was May
23, 1982. This program consists of the following elements, as submitted
to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Texas. This incorporation by reference
was approved by the Director of the Federal Register on June 25, 1984.
[[Page 629]]
(1) Injection Well Act, Texas Water Code Annotated sections 27.031
and 27.033 (Vernon Supp. 1984);
(2) Texas Natural Resources Code Annotated sections 85.041, 85.045,
85.046 and 85.052 (Vernon 1978 and Supp. 1982);
(3) Rules Having Statewide General Application to Oil, Gas, and
Geothermal Resource Operations, sections .051.02.02.000 to
.051.02.02.080 (Railroad Commission of Texas, Oil and Gas Division,
Revised 12-22-81), amended as follows:
(i) Amendment to 16 TAC section 3.9 (section .051.02.02.009) issued
December 21, 1981, effective April 1, 1982;
(ii) Amendment to 16 TAC section 3.46 (section .051.02.02.046)
issued December 21, 1981, effective April 1, 1982.
(iii) Amendment to 16 TAC section 3.71 (section .051.02.02.074)
issued December 21, 1981, effective April 1, 1982.
(b) Other laws. The following statutes and regulations, although not
incorporated by reference, are also part of the approved State-
administered UIC program:
(1) Texas Water Code, Chapters 26, 27 and 29 (Vernon 1972 and Supp.
1982);
(2) Texas Natural Resources Code, Chapters 81, 85-89, 91 and 141
(Vernon 1978 and Supp. 1982);
(3) General Rules of Practice and Procedure, Subchapters A-J
(Railroad Commission of Texas, adopted November 24, 1975, revised
December 1980).
(c)(1) The Memorandum of Agreement between EPA Region VI and the
Railroad Commission of Texas, signed by the EPA Regional Administrator
on March 24, 1982.
(2) Letter from Director of Underground Injection Control, Railroad
Commission of Texas, to Chief, Ground Water Protection Section, EPA
Region VI, ``Re: Letter of Clarification--UIC Program Application,''
March 21, 1982.
(d) Statement of legal authority. ``Statement of Legal Authority of
the Railroad Commission of Texas to conduct the Underground Injection
Control Program,'' signed by Special Counsel, Railroad Commission of
Texas, as submitted with ``State of Texas Underground Injection Control
Program Application for Primacy Enforcement Authority,'' prepared by the
Railroad Commission of Texas, January 15, 1982.
(e) The Program Description and any other materials submitted as
part of the application or as supplements thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43091, Oct. 25, 1988]
Sec. 147.2205 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Texas is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date for the Indian lands program
for the State of Texas is November 25, 1988.
[53 FR 43091, Oct. 25, 1988, as amended at 56 FR 9419, Mar. 6, 1991]
Subpart TT--Utah
Sec. 147.2250 State-administered program--Class I, III, IV, and V wells.
The UIC program for Class I, III, IV, and V wells in the State of
Utah, except those on Indian lands, is administered by the Utah
Department of Health, Division of Environmental Health, approved by EPA
pursuant to Section 1422 of the SDWA. Notice of this approval was
published in the FR on January 9, 1983 (47 FR 2321). The effective date
of this program is February 10, 1983. Changes to Utah's regulations for
Class I wells were made on May 15, 1990, in response to modification of
national rules as promulgated by 53 FR 28188, July 26, 1988. Utah's
rules were effective July 20, 1990. The revised rules, Program
Description, Attorney General's statement, and Memorandum of Agreement
were approved as a minor program modification on October 3, 1990. This
program consists of the following elements as submitted to EPA:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for
[[Page 630]]
the State of Utah. This incorporation by reference was approved by the
Director of the Federal Register on June 25, 1984.
(1) Utah Water Pollution Control Act, Utah Code Annotated, Title 26,
Chapter 11, Sections 2, 8, and 10 (1989);
(2) Underground Injection Control Regulations; Utah Administrative
Code, Section R448-7 (effective as of January 2, 1990);
(3) Underground Injection Control Program (adopted January 20, 1982
and revised effective July 20, 1990) (Officially submitted to EPA by the
Executive Secretary of Utah Water Pollution Control Committee on August
16, 1990).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for selected sections identified in
paragraph (a) of this section, are also part of the approved State-
administered program:
(1) Utah Pollution Control Act, Utah Code Annotated, Sections 26-11-
1 through -20 (Supp. 1990);
(c)(1) The revised Memorandum of Agreement between EPA, Region VIII
and the Utah Department of Health, Division of Environmental Health,
signed by the Regional Administrator on October 3, 1990.
(2) Letter from Director, Utah Department of Health, Division of
Environmental Health, Bureau of Water Pollution Control, to EPA Region
VIII, Re: Underground Injection Control Program--Utah, March 15, 1982;
(3) Letter from the Executive Secretary of the Utah Water Pollution
Control Committee to EPA Region VIII, ``Re: Utah UIC Class I Well
Program Changes,'' August 16, 1990;
(d) Statement of legal authority. (1) ``Underground Injection
Control Program--Attorney General's statement,'' signed by Attorney
General, State of Utah, January, 1982;
(2) Letter from Assistant Attorney General of Utah to Chief,
Drinking Water Branch, EPA Region VIII, June 18, 1982;
(3) Addendum to Underground Injection Control Program, Attorney
General's Statement signed by Attorney General of Utah, August 10, 1990.
(e) The Program Description (revised June 19, 1990) and any other
materials submitted as part of the application or supplements thereto.
[56 FR 9419, Mar. 6, 1991]
Sec. 147.2251 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Utah, except
those on Indian lands, is the program administered by the Utah
Department of Natural Resources, Division of Oil, Gas, and Mining,
approved by EPA pursuant to section 1425 of the SDWA. Notice of this
approval was published in the Federal Register on October 8, 1982 (47 FR
44561); the effective date of this program is November 7, 1982. This
program consists of the following elements, as submitted to EPA in the
State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Utah. This incorporation by reference
was approved by the Director of the Federal Register on June 25, 1984.
(1) Utah Code Annotated, 1953, section 40-6-1 through 40-6-18, as
amended 1988 and Cumm. Supp. 1990;
(2) The Oil and Gas Conservation General Rules, adopted under the
authority of the Oil and Gas Conservation Act, 40-6-1 et seq., Utah Code
Annotated, as amended 1988 (revised March 1989), rules R615-1 through
R615-4, and R615-8 through R615-10.
(b) Other laws. [Reserved]
(c)(1) The Memorandum of Agreement between EPA, Region VIII and the
Utah Department of Natural Resources, Division of Oil, Gas, and Mining
and the Board of Oil, Gas and Mining, signed by the EPA Regional
Administrator on July 19, 1983;
(2) Letter from Director, Division of Oil, Gas and Mining, Utah
Department of Natural Resources and Energy, to Regional Administrator,
EPA Region VIII, ``Re: Aquifer Exemption Process,'' June 16, 1982;
(3) ``Memorandum of Understanding'' between Utah Department of
Health and Utah Department of Natural Resources, dated March 5, 1981;
[[Page 631]]
(4) ``Second Addition to Agreement between the Department of Health
and the Department of Natural Resources and Energy,'' dated December 15,
1981.
(d) Statement of legal authority. (1) Part III of ``Primacy
Application--Class II Underground Injection Wells,'' consisting of
``Synopsis of Pertinent Statutes and Regulations,'' ``Statement of Legal
Authority,'' and ``Certification by the Attorney General,'' by Assistant
Attorney General, Department of Natural Resources and Energy, dated
December 18, 1981;
(2) Letter from Assistant Attorney General, State of Utah, to EPA
Region VIII, undated, received in the EPA Office of Regional Counsel
June 10, 1982.
(3) Memorandum to Director, Division of Oil, Gas and Mining from
Assistant Attorney General regarding Underground Injection Control
Program, January 8, 1985.
(e) The Program Description and any other materials submitted as
part of the application or amendments thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43091, Oct. 25, 1988; 56
FR 9420, Mar. 6, 1991]
Sec. 147.2253 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Utah is administered by EPA. The program for wells
on the lands of the Navajo and Ute Mountain Ute consists of the
requirements set forth at subpart HHH of this part. The program for all
other wells on Indian lands consists of the UIC program requirements of
40 CFR parts 124, 144, 146, 148, and any additional requirements set
forth in the remainder of this subpart. Injection well owners and
operators, and EPA shall comply with these requirements.
(b) Effective date. The effective date for this program for all
other Indian lands in Utah (as well as for the program of the Navajo and
Ute Mountain Ute) is November 25, 1988.
[53 FR 40391, Oct. 25, 1988, as amended at 56 FR 9420, Mar. 6, 1991] h
Subpart UU--Vermont
Sec. 147.2300 State-administered program.
The UIC program for all classes of wells in the State of Vermont,
except those wells on Indian lands, is the program administered by the
Vermont Department of Environmental Conservation, approved by EPA
pursuant to section 1422 of the SDWA. Notice of this approval was
published in the FR on June 22, 1984; the effective date of this program
is July 6, 1984. This program consists of the following elements:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Vermont. This incorporation by reference
was approved by the Director of the Federal Register July 6, 1984.
(1) Vt. Stat. Ann. tit. 10, sections 1251, 1259, 1263 (1973 and
Supp. 1981), Effective date: July 1, 1982.
(2) Vermont Department of Water Resources and Environmental
Engineering, Chapter 13 Water Pollution Control Regulations, Subchapter
13.UIC--Underground Injection Control, Discharges to Injection Wells,
Effective Date: June 21, 1984.
(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of the approved State-
administered program:
(1) Vt. Stat. Ann. tit. 10, sections 1251 through 1283 (1973 and
Supp. 1981).
(2) Vt. Stat. Ann. tit. 10, sections 901 through 911 (1973 and Supp.
1981).
(3) Vt. Stat. Ann. tit. 3, sections 801 through 847 (1973 and Supp.
1981).
(c)(1) The Memorandum of Agreement between EPA Region I and the
Vermont Agency of Environmental Conservation signed by the EPA Regional
Administrator on January 16, 1984.
(d) Statement of legal authority. (1) ``Vermont Attorney General's
Statement for Classes I, II, III, IV and V Injection Wells,'' signed by
Attorney
[[Page 632]]
General John J. Easton, Jr., as submitted with Vermont Application for
Primary Enforcement Responsibility to Administer the Underground Water
Source Protection Program Pursuant to the Safe Drinking Water Act and 40
CFR 145.21 through 145.24 (December 20, 1983).
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
(42 U.S.C. 300)
[49 FR 25634, June 22, 1984, as amended at 53 FR 43091, Oct. 25, 1988;
56 FR 9420, Mar. 6, 1991]
Secs. 147.2301--147.2302 [Reserved]
Sec. 147.2303 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Vermont is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands in Vermont is November 25, 1988.
[53 FR 43091, Oct. 25, 1988, as amended at 56 FR 9420, Mar. 6, 1991]
Secs. 147.2304--147.2349 [Reserved]
Subpart VV--Virginia
Sec. 147.2350 State-administered program. [Reserved]
Sec. 147.2351 EPA-administered program.
(a) Contents. The UIC program for the State of Virginia, including
all Indian lands, is administered by EPA. This program consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date for the UIC program on
Indian lands is November 25, 1988. The effective date for the UIC
program for the remainder of Virginia is June 25, 1984. (53 FR 43091,
October 25, 1988).
[56 FR 9420, Mar. 6, 1991]
Sec. 147.2352 Aquifer exemptions. [Reserved]
Subpart WW--Washington
Sec. 147.2400 State-administered program--Class I, II, III, IV, and V wells.
The UIC program for Class I, II, III, IV, and V wells in the State
of Washington other than those on Indian lands, is the program
administered by the Washington Department of Ecology, approved by EPA
pursuant to section 1422 of the SDWA. Notice of this approval was
published in the Federal Register on August 9, 1984; the effective date
of this program is September 24, 1984. This program consists of the
following elements, as submitted to EPA in the State's program
application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Washington. This incorporation by
reference was approved by the Director of the Federal Register effective
September 24, 1984.
(1) Revised Code of Washington section 90.48.020, 90.48.080,
90.48.160, and 90.48.162 (Bureau of National Affairs, 1983 Laws);
(2) Washington Administrative Code sections 173-218-010 to 173-218-
110 (Bureau of National Affairs, 2/29/84);
(3) Washington Administrative Code sections 344-12-001 to 344-12-262
(1983 Ed.)
(4) Washington Administrative Code Chapter 173-160 (reprinted May
1988).
(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of the approved State-
administered program:
(1) Revised Code of Washington, chapter 34.04 (Bureau of National
Affairs, 1981 Laws), entitled ``Administrative Procedure act'';
(2) Revised Code of Washington, chapter 43.21A (Bureau of National
Affairs,
[[Page 633]]
1980 Laws), entitled ``Department of Ecology,'' as amended by 1983
Washington Laws, Chapter 270;
(3) Revised Code of Washington, chapter 70.105 (Bureau of National
Affairs, 1983 Laws), entitled ``Hazardous Waste Disposal'';
(4) Revised Code of Washington, chapter 78.52 (Bureau of National
Affairs, 1983 Laws), entitled ``Oil and Gas Conservation'';
(5) Revised Code of Washington, chapter 90.48 (Bureau of National
Affairs, 1986 Laws), entitled ``Water Pollution Control.''
(c)(1) The Memorandum of Agreement between EPA Region X and the
Washington Department of Ecology, signed by the EPA Regional
Administrator on May 14, 1984;
(2) Memorandum of Agreement between the Washington Department of
Ecology and Oil and Gas Conservation Committee, Related to the
Underground Injection Control Program for the State of Washington,
signed March 23, 1984;
(3) Memorandum of Agreement between the Washington Department of
Ecology and Washington Department of Natural Resources, Related to the
Underground Injection Control Program for the State of Washington,
signed March 23, 1984;
(4) Memorandum of Agreement between the Washington Department of
Ecology and Department of Social and Health Services, Related to the
Underground Injection Control Program for the State of Washington,
signed March 23, 1984;
(d) Statement of legal authority. Letter from Attorney General of
the State of Washington, by Senior Assistant Attorney General, to
Director, Washington State Department of Ecology, ``Re: Underground
Injection Control Regulatory Program--Attorney General's Statement,''
February 28, 1984.
(e) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[49 FR 31876, Aug. 9, 1984, as amended at 56 FR 9420, Mar. 6, 1991]
Sec. 147.2403 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Washington is administered by EPA. This program,
for all Indian lands except those of the Colville Tribe, consists of the
UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective date. The effective date for the UIC program for
Indian lands in Washington is November 25, 1988.
[53 FR 43091, Oct. 25, 1988, as amended at 56 FR 9420, Mar. 6, 1991]
Sec. 147.2404 EPA-administered program--Colville Reservation.
(a) The UIC program for the Colville Indian Reservation consists of
a prohibition of all Class I, II, III and IV injection wells and of a
program administered by EPA for Class V wells. This program consists of
the UIC program requirements of 40 CFR part 124, 144 and 146 and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and EPA shall comply with these requirements. The
prohibition on Class I-IV wells is effective November 25, 1988. No owner
or operator shall construct, operate, maintain, convert, or conduct any
other injection activity thereafter using Class I-IV wells.
(b) Owners and operators of Class I, II, III or IV wells in
existence on the effective date of the program shall cease injection
immediately. Within 60 days of the effective date of the program, the
owner or operator shall submit a plan and schedule for plugging and
abandoning the well for the Director's approval. The owner or operator
shall plug and abandon the well according to the approved plan and
schedule.
[53 FR 43091, Oct. 25, 1988]
[[Page 634]]
Subpart XX--West Virginia
Secs. 147.2450--147.2452 [Reserved]
Sec. 147.2453 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of West Virginia is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date for the UIC program on Indian
lands in West Virginia is November 25, 1988.
[53 FR 43092, Oct. 25, 1988, as amended at 56 FR 9420, Mar. 6, 1991]
Secs. 147.2454--147.2499 [Reserved]
Subpart YY--Wisconsin
Sec. 147.2500 State-administered program.
The UIC program for Class I, II, III, IV, and V wells in the State
of Wisconsin, other than those on Indian lands as described in
Sec. 147.2510, is the program administered by the Wisconsin Department
of Natural Resources, approved by EPA pursuant to SDWA section 1422.
Notice of this approval was published in the Federal Register on
September 30, 1983 (48 FR 44783); the effective date of this program is
November 30, 1983. This program consists of a prohibition of all
injection wells except heat pump return flow injection wells and may be
found in the following elements, as submitted to EPA in the State's
program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Wisconsin. This incorporation by
reference was approved by the Director of the OFR in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the Wisconsin
Department of Natural Resources, Box 7921, Madison, Wisconsin, 53707.
Copies may be inspected at the Environmental Protection Agency, Region
V, 230 South Dearborn Street, Chicago, Illinois, 60604, or at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(1) Wisconsin Statutes Annotated Secs. 147.015, 147.02 and 147.04
(West 1974 and Supp. 1983);
(2) Chapter NR 112, Well Construction and Pump Installation,
Wisconsin Administrative Code Secs. NR 112.03 and 112.20 (October 1981),
as amended by Natural Resources Board Order No. WQ-25-82, approved by
the Natural Resources Board on August 25, 1982;
(3) Chapter NR 113, Servicing Septic Tanks, Seepage Pits, Grease
Traps or Privies, Wisconsin Administrative Code Secs. NR 113.07-113.08
(1979), as amended by Natural Resources Board Order No. WQ-25-82,
approved by the Wisconsin Natural Resources Board on August 25, 1982;
(4) Chapter NR 181, Hazardous Waste Management, Wisconsin
Administrative Code Secs. NR 181.04-181.415 (1981), as amended June
1985;
(5) Chapter NR 210, Sewage Treatment Works, Wisconsin Administrative
Code Sec. 210.05 Natural Resources Board Order No. WQ-25-82, approved by
the Wisconsin Natural Resources Board on August 25, 1982;
(6) Chapter NR 214, Land Application and Disposal of Liquid
Industrial Wastes and By-Products, Wisconsin Administrative Code
Secs. 214.03 and 214.08 (1983).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for select sections identified in
paragraph (a) of this section, are also part of the approved State-
administered program:
(1) Chapter 144, Water, Sewage, Refuse, Mining and Air Pollution,
Wisconsin Statutes Annotated (West 1974 and Supp. 1983);
(2) Chapter 147, Pollution Discharge Elimination, Wisconsin Statutes
Annotated (West 1974 and Supp. 1983);
(3) Chapter 162, Pure Drinking Water, Wisconsin Statutes Annotated
(West 1974 and Supp. 1983);
(4) Laws of 1981, Chapter 20, Sec. 2038 (Re: heat pump injection);
(5) Wisconsin Statutes 803.09(1) (West 1977) (intervention as of
right in civil actions).
[[Page 635]]
(c) Memorandum of Agreement. The Memorandum of Agreement between EPA
Region V and the Wisconsin Department of Natural Resources, signed by
the Regional Administrator on December 6, 1983.
(d) Statement of legal authority. (1) ``Attorney General's
Statement,'' signed by Attorney General, State of Wisconsin;
(2) Letter from Assistant Attorney General, State of Wisconsin, to
EPA Region, ``Re: Amendments to Attorney General's Statement-UIC,'' June
30, 1983.
(e) Program Description. The Program Description and other materials
submitted as part of the application or as supplements thereto.
[49 FR 45309, Nov. 15, 1984, as amended at 56 FR 9420, Mar. 6, 1991; 56
FR 14150, Apr. 5, 1991]
Sec. 147.2510 EPA-administered program--Indian lands.
(a) Contents. The UIC program for Indian lands in the State of
Wisconsin is administered by EPA. This program consists of 40 CFR parts
144 and 146 and additional requirements set forth in this section.
Injection well owners and operators, and EPA, shall comply with these
requirements.
(b) Requirements. Notwithstanding the requirements of paragraph (a)
of this section for Indian lands in Wisconsin no owner or operator shall
construct, operate, maintain, or convert any Class I, II, III, IV or V
injection well.
(c) Effective date. The effective date of the UIC program
requirements for Indian lands in Wisconsin is December 30, 1984.
[49 FR 45309, Nov. 15, 1984]
Subpart ZZ--Wyoming
Sec. 147.2550 State-administered program--Class I, III, IV and V wells.
The UIC program for Class I, III, IV and V wells in the State of
Wyoming, except those on Indian lands is the program administered by the
Wyoming Department of Environmental Quality approved by EPA pursuant to
section 1422 of the SDWA. Notice of this approval was published in the
Federal Register on July 15, 1983 (48 FR 32344); the effective date of
this program is August 17, 1983. The program consists of the following
elements as submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Wyoming. This incorporation by reference
was approved by the Director of the Federal Register on June 25, 1984.
(1) Wyoming Environmental Quality Act, Wyoming Statutes sections 35-
11-101 through 35-11-115, and 35-11-301 through 35-11-305 (1977
Republished Edition and 1989 Cumm. Supp.);
(2) Water Quality Rules and Regulations, Wyoming Department of
Environmental Quality, Chapter III: Regulations for Permit to Construct,
Install or Modify Public Facilities Capable or, (sic) Causing or
Contributing to Pollution (certified copy, signed December 21, 1983);
(3) Water Quality Rules and Regulations, Wyoming Department of
Environmental Quality, Chapter VIII: Quality Standards for Groundwaters
of Wyoming (certified copy, signed April 9, 1980);
(4) Water Quality Rules and Regulations, Wyoming Department of
Environmental Quality, Chapter IX: Wyoming Groundwater Pollution Control
Permit (certified copy, signed April 9, 1980);
(5) Water Quality Rules and Regulations, Wyoming Department of
Environmental Quality, Chapter XIII: Prohibitions of Permits for New
Hazardous Waste Injection Wells (certified copy, signed August 25,
1989);
(6) Land Quality Rules and Regulations, Wyoming Department of
Environmental Quality, Chapter XXI: In Situ Mining (effective March 26,
1981).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for select sections identified in
paragraph (a) of this section, are also part of the approved State-
administered program:
(1) Article 9, Underground Water, Wyoming Statutes sections 41-3-901
through 41-3-938 (September 1982);
[[Page 636]]
(2) Wyoming Administrative Procedure Act, Wyoming Statutes sections
9-4-101 through 9-4-115 (1988);
(3) Department of Environmental Quality Rules of Practice and
Procedure (1982).
(c)(1) The Memorandum of Agreement between EPA, Region VIII and the
Wyoming Department of Environmental Quality, signed by the EPA Regional
Administrator on April 26, 1983.
(2) Letter from Regional Administrator, EPA Region VIII, to Governor
of Wyoming, May 21, 1982, with Attachment (regarding aquifer
exemptions);
(3) Letter from Governor of Wyoming to Regional Administrator, EPA
Region VIII, ``Re: Underground Injection Control (UIC) Program--Aquifer
Exemption Issues,'' June 7, 1982;
(4) Letter from Regional Administrator, EPA Region VIII to Governor
of Wyoming, ``Re: Underground Injection Control (UIC) Program--Aquifer
Exemption Issues,'' June 25, 1982;
(5) Letter from Director, Wyoming Department of Environmental
Quality, to Acting Director, Water Management Division, EPA Region VIII,
December 1, 1982.
(d) Statement of legal authority. (1) ``Attorney General's
Statement--Wyoming Statutory and Regulatory Authority for Assumption of
the Underground Injection Control Program Pursuant to the Federal Safe
Drinking Water Act,'' signed by Attorney General and Assistant Attorney
General for the State of Wyoming, September 22, 1982;
(2) Letter from Attorney General for the State of Wyoming to Acting
Regional Counsel, EPA Region VIII, ``Re: Wyoming Assumption of the UIC
Program--$36, Chapter IX, Wyoming Water Quality Rules and Regulations,''
November 24, 1982.
(e) The Program Description and any other materials submitted as
part of the application or amendment thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43092, Oct. 25, 1988; 56
FR 9421, Mar. 6, 1991]
Sec. 147.2551 State-administered program--Class II wells.
The UIC program for Class II wells in the State of Wyoming, except
those on Indian lands, is the program administered by the Wyoming Oil
and Gas Conservation Commission approved by EPA pursuant to section 1425
of the SDWA. Notice of this approval was published in the FR on November
23, 1982 (47 FR 52434); the effective date of this program is December
23, 1982. This program consists of the following elements as submitted
to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Wyoming. This incorporation by reference
was approved by the Director of the OFR in accordance with 5 U.S.C.
552(a) and 1 CFR Part 51. Copies may be obtained at the Wyoming Oil and
Gas Conservation Commission, Office of the State Oil and Gas Supervisor,
P.O. Box 2640, 77 West First Street, Casper, Wyoming, 82602. Copies may
be inspected at the Environmental Protection Agency, Region VIII, 999
18th Street, Suite 500, Denver, Colorado, 80202-2405, or at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(1) Rules and Regulations of the Wyoming Oil and Gas Conservation
Commission, including Rules of Practice and Procedure, as published by
the Wyoming Oil and Gas Conservation Commission, August 7, 1990;
(2) Title 30, Chapter 5, Wyoming Statutes, sections 30-5-101 through
30-5-126 (June 1983 and Wyoming Statutes Annotated, July 1990 Supp.).
(b) Memorandum of Agreement. (1) The initial Memorandum of Agreement
between EPA, Region VIII and Wyoming Oil and Gas Conservation
Commission, signed by the EPA Regional Administrator and the Oil Field
Supervisor of the Commission on June 2, 1982;
(2) Amendment No. 1 to the Memorandum of Agreement, dated December
22, 1982;
(3) Amendment No. 2 to the Memorandum of Agreement, dated January
25, 1990;
(4) Letter from State Oil and Gas Supervisor, Wyoming Oil and Gas
Conservation Commission, to the Acting Director, Water Management
Division, EPA Region VIII, ``Re: Application for
[[Page 637]]
Primacy in the Regulation of Class II Injection Wells,'' March 8, 1982;
(5) Letter from State Oil and Gas Supervisor, Wyoming Oil and Gas
Conservation Commission, to EPA Region VIII, ``Re: Regulation of Liquid
Hydrocarbon Storage Wells Under the UIC Program,'' July 1, 1982;
(6) Memorandum of Agreement Between the Wyoming State Board of
Control, State Engineer, Oil and Gas Conservation Commission, and the
Department of Environmental Quality, dated October 14, 1981.
(c) Statement of legal authority. (1) ``Statement of Legal
Authority'' and ``State Review of Regulations and Statutes Relevant to
the UIC Program-Class II Wells,'' signed by Special Assistant Attorney
General for the State of Wyoming, as submitted with ``Wyoming Oil and
Gas Conservation Commission, Application for Primacy in the Regulation
of Class II Injection Wells under Section 1425 of the Safe Drinking
Water Act,'' November 1981;
(2) Letter from special Assistant Attorney General for the State of
Wyoming to Assistant Regional Counsel, EPA Region VIII, May 13, 1982;
(3) Letter from special Assistant Attorney General for the State of
Wyoming to Assistant Regional Counsel, EPA Region VIII, July 1, 1982.
(d) Program Description. The Program Description and other material
submitted as part of the application or amendments thereto, including
the memorandum to the National UIC Branch reporting on Improvement to
the Wyoming Oil and Gas 1425 program, dated April 28, 1989.
[56 FR 9421, Mar. 6, 1991]
Sec. 147.2553 EPA-administered program--Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the State of Wyoming is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date for the UIC program on Indian
lands in Wyoming is November 25, 1988.
[53 FR 43092, Oct. 25, 1988, as amended at 56 FR 9422, Mar. 6, 1991]
Sec. 147.2554 Aquifer exemptions.
In accordance with Sec. 144.7(b) and Sec. 146.4 of this chapter,
those portions of aquifers currently being used for injection in
connection with Class II (oil and gas) injection operations on the Wind
River Reservation, which are described below, are hereby exempted for
the purpose of Class II injection activity. This exemption applies only
to the aquifers tabulated below, and includes those portions of the
aquifers defined on the surface by an outer boundary of those quarter-
quarter sections dissected by a line drawn parallel to, but one-quarter
mile outside, the field boundary, and is restricted to extend no further
than one-quarter mile outside the Reservation boundary. Maps showing the
exact boundaries of the field may be consulted at the EPA's Region 8
Office, and at the EPA Headquarters in Washington, DC.
Areas To Be Exempted for the Purpose of Class II Injection on the Wind River Reservation
----------------------------------------------------------------------------------------------------------------
Approximate
Formation depth Location
----------------------------------------------------------------------------------------------------------------
Steamboat Butte Field
Phosphoria................................. 6,500-7,100 T3N, R1W--W/2 Sec. 4, Sec. 5, E/2 Sec. 6, NE/4
Sec. 8, W/2 Sec. 9.
T4N, R1W--W/2 Sec. 29, E/2 Sec. 30, E/2 Sec.
31, Sec. 32.
Tensleep................................... 6,900-7,500 T3N, R1W--W/2 Sec. 4, Sec. 5, E/2 Sec. 6, NE/4
Sec. 8, W/2 Sec. 9.
T4N, R1W--W/2 Sec. 29, E/2 Sec. 30, E/2 Sec.
31, Sec. 32.
Winkleman Dome Field
Tensleep................................... 2,800-3,300 T2N, R1W--SW/4 Sec. 17, Sections 18, 19, 20,
29, NE/4 Sec. 30.
T2N, R2W--E/2 Sec. 13, NE/4 Sec. 24.
[[Page 638]]
Phosphoria................................. 2,800-3,600 T2N, R1W--SW/4 Sec. 17, Sections 18, 19, 20,
29, NE/4 Sec. 30.
T2N, R2W--E/2 Sec. 13, NE/4 Sec. 24.
Nugget..................................... 1,100-1,500 T2N, R1W--SW/4 Sec. 17, Sections 18, 19, 20,
29, NE/4 Sec. 30.
T2N, R2W--E/2 Sec. 13, NE/4 Sec. 24.
Lander Field
Phosphoria................................. 1,100-3,800 T2S, R1E--Sections 12 and 13, E/2 Sec. 24, NE/4
Sec. 25.
T2S, R2E--W/2 Sec. 18, W/2 Sec. 19, Sec. 30.
T33N, R99W--Sec. 4.
NW Sheldon Field
Crow Mountain and Cloverly................. 3,400-3,600 T6N, R3W--SE/4 Sec. 35, SW/4 Sec. 36.
T5N, R3W--N/2 Sec. 1.
Circle Ridge Field
Tensleep................................... 1,500-1,800 T6N, R2W--Sec. 6, N/2 Sec. 7.
T7N, R3W--SE/4 Sec. 36.
T7N, R2W--SW/4 Sec. 31.
T6N, R3W--E/2 Sec. 1.
Phosphoria................................. 800-1,800 T7N, R3W--S/2 Sec. 36.
T6N, R3W--NE/4 Sec. 1.
Amsden..................................... 700-l,200 T6N, R3W--Sec. 6.
Rolff Lake Field
Crow Mountain.............................. 3,500-3,700 T6N, R3W--SW/4 Sec. 26, NW/4 Sec. 27.
----------------------------------------------------------------------------------------------------------------
[53 FR 43092, Oct. 25, 1988]
Subpart AAA--Guam
Sec. 147.2600 State-administered program.
The UIC program for all classes of wells in the territory of Guam,
except those on Indian lands, is the program administered by the Guam
Environmental Protection Agency, approved by EPA pursuant to SDWA
section 1422. Notice of this approval was published in the Federal
Register on May 2, 1983 (47 FR 19717); the effective date of this
program is June 1, 1983. This program consists of the following
elements, as submitted to EPA in the State's program application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the territory of Guam. This incorporation by
reference was approved by the Director of the Federal Register on June
25, 1984.
(1) Water Resources Conservation Act, Government Code of Guam
sections 57021-57025, Public Law 9-31 (March 9, 1967), as amended by
Public Law 9-76 (July 29, 1967), as amended by Public Law 12-191
(December 30, 1974);
(2) Water Pollution Control Act, Government Code of Guam sections
57042 and 57045, Public Law 9-76 (July 29, 1967), as amended by Public
Law 9-212 (August 5, 1968), as amended by Public Law 10-31 (March 10,
1969), as amended by Public Law 12-191 (December 30, 1974);
(3) Guam Environmental Protection Agency, Underground Injection
Control Regulations, Chapters 1-9, as revised by amendments adopted
September 24, 1982;
(4) Guam Environmental Protection Agency, Water Quality Standards,
Section I-IV (approved September 25, 1981, effective November 16, 1981).
(b) Other laws. The following statutes and regulations, although not
incorporated by reference except for specific sections identified in
paragraph (a) of this section, are also part of the approved State-
administered program:
(1) Government Code of Guam, Title XXV, Chapters I-III (sections
24000-24207);
(2) Government Code of Guam, Title LXI, Chapters I-III (sections
57000-57051);
[[Page 639]]
(3) Government Code of Guam, Title LXI, Chapters VI (sections 57120-
57142);
(4) Government Code of Guam, Title LXI, Chapters VIII (sections
57170-57188);
(5) Government Code of Guam, Title LXI, Chapters XII (sections
57285-57299);
(c) The Memorandum of Agreement between EPA, Region IX and the Guam
Environmental Protection Agency signed by the Regional Administrator on
January 14, 1983.
(d) Statement of legal authority. (1) Letter from Attorney General
of Guam to Regional Administrator, Region IX, ``Re: Attorney General's
Statement for Underground Injection Control Program (UIC), Ground Water
Program Guidance 16'' May 12, 1982;
(2) Letter from Attorney General of Guam to Regional Administrator,
Region IX, ``Re: Additional comments to be incorporated into the May 12,
1982, Attorney General's Statement for Underground Injection Control
Program,'' September 2, 1982.
(e) The Program Description and any other materials submitted as
part of the application or amendments thereto.
[49 FR 20197, May 11, 1984, as amended at 53 FR 43092, Oct. 25, 1988]
Sec. 147.2601 EPA-administered program--Indian lands.
(a) Contents. The UIC program for Indian lands in the territory of
Guam is administered by EPA. This program consists of the UIC program
requirements of 40 CFR parts 124, 144, 146, 148, and any additional
requirements set forth in the remainder of this subpart. Injection well
owners and operators, and EPA shall comply with these requirements.
(b) Effective date. The effective date for the UIC program on Indian
lands in the territory of Guam is November 25, 1988.
[53 FR 43093, Oct. 25, 1988, as amended at 56 FR 9422, Mar. 6, 1991]
Subpart BBB--Puerto Rico
Sec. 147.2650 State-administered program--Class I, II, III, IV, and V wells.
The Underground Injection Control Program for all classes of wells
in the Commonwealth of Puerto Rico, other than those on Indian lands, is
the program administered by Puerto Rico's Environmental Quality Board
(EQB), approved by the EPA pursuant to the Safe Drinking Water Act
(SDWA) section 1422. This program consists of the following elements, as
submitted to EPA in the Commonwealth's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the Commonwealth of Puerto Rico. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained or inspected at the following locations: EPA, Region II, 26
Federal Plaza, room 845, New York, NY 10278; EPA, Headquarters, 401 M
Street, SW., room E1101A, Washington, DC 20460; or the Office of the
Federal Register, 800 North Capitol Street NW., suite 700, Washington,
DC.
(1) Underground Injection Control Regulations of the Commonwealth of
Puerto Rico, Parts I through V and appendices A and B, adopted September
14, 1983 (Amended July 20, 1988).
(2) Puerto Rico Public Policy Environmental Act (PRPPE), Title 12
Laws of Puerto Rico Annotated (LPRA) Chapters 121 and 131, 1977 edition,
as amended 1988 edition, and Chapter 122, 1988 edition.
(b) Memorandum of Agreement. The Memorandum of Agreement between EPA
Region II and the Commonwealth of Puerto Rico's EQB signed by the
Regional Administrator on August 23, 1991.
(c) Statement of legal authority. (1) Attorney General's statement
on the
[[Page 640]]
Commonwealth of Puerto Rico's Authority to apply for, assume and carry
out the UIC Program, dated June 26, 1987. (2) Letter from the Governor
of the Commonwealth of Puerto Rico requesting the program, dated July
16, 1987.
(d) Program description. The Description of the Commonwealth of
Puerto Rico's Underground Injection Control Program, dated with the
effective date October 30, 1986.
[57 FR 33446, July 29, 1992]
Sec. 147.2651 EPA-administered program-- Indian lands.
(a) Contents. The UIC program for all classes of wells on Indian
lands in the Commonwealth of Puerto Rico is administered by EPA. This
program consists of the UIC program requirements of 40 CFR parts 124,
144, 146, 148 and any additional requirements set forth in the remainder
of this subpart. Injection well owners and operators and EPA shall
comply with the requirements.
(b) Effective date. The effective date for the UIC program on Indian
Lands in the Commonwealth of Puerto Rico is November 25, 1988.
[57 FR 33446, July 29, 1992]
Subpart CCC--Virgin Islands
Sec. 147.2700 State-administered program. [Reserved]
Sec. 147.2701 EPA-administered program.
(a) Contents. The UIC program for the Virgin Islands, including all
Indian lands, is administered by EPA. This program consists of the UIC
program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date of the UIC program for non-
Indian lands in the Virgin Islands is December 30, 1984. The effective
date for Indian lands in the Virgin Islands is November 25, 1988.
[53 FR 43093, Oct. 25, 1988, as amended at 56 FR 9422, Mar. 6, 1991]
Subpart DDD--American Samoa
Sec. 147.2750 State-administered program. [Reserved]
Sec. 147.2751 EPA-administered program.
(a) Contents. The UIC program for American Samoa, including all
Indian lands, is administered by EPA. This program consists of the UIC
program requirements of 40 CFR parts 124, 144, 146, 148, and any
additional requirements set forth in the remainder of this subpart.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective dates. The effective date for the UIC program on non-
Indian lands is June 25, 1984. The effective date of the UIC program on
Indian lands is November 25, 1988.
[53 FR 43093, Oct. 25, 1988, as amended at 56 FR 9422, Mar. 6, 1991]
Sec. 147.2752 Aquifer exemptions. [Reserved]
Subpart EEE--Commonwealth of the Northern Mariana Islands
Sec. 147.2800 State-administered program--Class I, II, III, IV, and V wells.
The UIC program for Class I, II, III, IV, and V wells in the
Commonwealth of the Northern Mariana Islands, other than those on Indian
lands, is the program administered by the Commonwealth of the Northern
Mariana Islands Division of Environmental Quality approved by EPA
pursuant to Section 1422 of the SDWA. Notice of this approval was
published in the Federal Register on January 18, 1985; the effective
date of this program is August 30, 1985. This program consists of the
following elements, as submitted to EPA in the State's program
application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the Commonwealth of the Northern Mariana Islands.
This incorporation by reference was approved by the Director of the
Federal Register effective July 31, 1985.
[[Page 641]]
(1) CNMI Environmental Protection Act, 2 CMC sections 3101, et seq.
(1984);
(2) CNMI Coastal Resources Management Act, 2 CMC sections 1501, et
seq. (1984);
(3) CNMI Drinking Water Regulations, Commonwealth Register, Volume
4, Number 4 (August 15, 1982);
(4) CNMI Underground Injection Control Regulations, Commonwealth
Register, Volume 6, Number 5 (May 15, 1984, amended November 15, 1984,
January 15, 1985);
(5) CNMI Coastal Resources Management Regulations, Commonwealth
Register, Volume 6, Number 12, December 17, 1984.
(b)(1) The Memorandum of Agreement between EPA Region IX and the
Commonwealth of the Northern Mariana Islands Division of Environmental
Quality, signed by the EPA Regional Administrator on May 3, 1985;
(c) Statement of legal authority. Statement from Attorney General
Commonwealth of the Northern Mariana Islands, ``Underground Injection
Control Program--Attorney General's Statement,'' signed on October 10,
1984.
(d) The Program Description and any other materials submitted as
part of the original application or as supplements thereto.
[50 FR 28943, July 17, 1985]
Sec. 147.2801 EPA-administered program.
(a) Contents. The UIC program for Indian lands in the Commonwealth
of the Northern Mariana Islands is administered by EPA. This program
consists of the UIC program requirements of 40 CFR parts 124, 144, 146,
148, and any additional requirements set forth in the remainder of this
subpart. Injection well owners and operators, and EPA shall comply with
these requirements.
(b) Effective date. The effective date of the UIC program for Indian
lands is November 25, 1988.
[53 FR 43093, Oct. 25, 1988, as amended at 56 FR 9422, Mar. 6, 1991]
Sec. 147.2802 Aquifer exemptions. [Reserved]
Subpart FFF--Trust Territory of the Pacific Islands
Sec. 147.2850 State-administered program. [Reserved]
Sec. 147.2851 EPA-administered program.
(a) Contents. The UIC program for Trust Territory of the Pacific
Islands, including all Indian lands, is administered by EPA. This
program consists of the UIC program requirements of 40 CFR parts 124,
144, 146, 148, and any additional requirements set forth in the
remainder of this subpart. Injection well owners and operators, and EPA
shall comply with these requirements.
(b) Effective dates. The effective date of the UIC program for non-
Indian lands of the Trust Territory of the Pacific Islands is June 25,
1984. The effective date for the Indian lands is November 25, 1988.
[53 FR 43093, Oct. 25, 1988, as amended at 56 FR 9422, Mar. 6, 1991]
Sec. 147.2852 Aquifer exemptions. [Reserved]
Subpart GGG--Osage Mineral Reserve--Class II Wells
Authority: Safe Drinking Water Act, 42 U.S.C. 300h.
Source: 49 FR 45309, Nov. 15, 1984, unless otherwise noted.
Sec. 147.2901 Applicability and scope.
This subpart sets forth the rules and permitting requirements for
the Osage Mineral Reserve, Osage County, Oklahoma, Underground Injection
Control Program. The regulations apply to owners and operators of Class
II injection wells located on the Reserve, and to EPA.
Sec. 147.2902 Definitions.
Most of the following terms are defined in Sec. 144.3, and have
simply been reproduced here for the convenience of
[[Page 642]]
the reader. This section also includes definitions of some terms unique
to the Osage program. Terms used in this subpart are defined as follows:
Administrator--the Administrator of the United States Environmental
Protection Agency, or an authorized representative.
Aquifer--a geologic formation, group of formations, or part of a
formation that is capable of yielding a significant amount of water to a
well or spring.
BIA--The ``Bureau of Indian Affairs,'' United States Department of
Interior.
Casing--a pipe or tubing of varying diameter and weight, lowered
into a borehole during or after drilling in order to support the sides
of the hole and, thus, prevent the walls from caving, to prevent loss of
drilling mud into porous ground, or to prevent water, gas, or other
fluid from entering the hole.
Cementing--the operation whereby a cement slurry is pumped into a
drilled hole and/or forced behind the casing.
Class II Wells--wells which inject fluids:
(a) Which are brought to the surface in connection with conventional
oil or natural gas production and may be commingled with waste waters
from gas plants which are an integral part of production operations,
unless those waters would be classified as a hazardous waste at the time
of injection;
(b) For enhanced recovery of oil or natural gas; and
(c) For storage of hydrocarbons which are liquid at standard
temperature and pressure.
Existing Class II Wells--wells that were authorized by BIA and
constructed and completed before the effective date of this program.
New Class II Wells--wells constructed or converted after the
effective date of this program, or which are under construction on the
effective date of this program.
Confining bed--a body of impermeable or distinctly less permeable
material stratigraphically adjacent to one or more aquifers.
Confining zone--a geologic formation, group of formations, or part
of a formation that is capable of limiting fluid movement above an
injection zone.
Contaminant--any physical, chemical, biological, or radiological
substance or matter in water.
Disposal well--a well used for the disposal of waste into a
subsurface stratum.
EPA--The United States Environmental Protection Agency.
Fault--a surface or zone of rock fracture along which there has been
displacement.
Fluid--material or substance which moves or flows whether in a
semisolid, liquid, sludge, gas or any other form or state.
Formation--a body of rock characterized by a degree of lithologic
homogeneity which is prevailingly, but not necessarily, tabular and is
mappable on the earth's surface or traceable in the subsurface.
Freshwater--``Underground source of drinking water.''
Ground water--water below the land surface in a zone of saturation.
Injection well--a well into which fluids are being injected.
Injection zone--a geological formation, group of formations, or part
of a formation receiving fluids through a well.
Lithology--the description of rocks on the basis of their physical
and chemical characteristics.
Owner/operator--the owner or operator of any facility or activity
subject to regulation under the Osage UIC program.
Packer--a device lowered into a well to produce a fluid-tight seal
within the casing.
Permit--an authorization issued by EPA to implement UIC program
requirements. Permit does not include the UIC authorization by rule or
any permit which has not yet been the subject of final Agency action.
Plugging--the act or process of stopping the flow of water, oil or
gas into or out of a formation through a borehole or well penetrating
that formation.
Pressure--the total load or force per unit area acting on a surface.
Regional Administrator--the Regional Administrator of Region 6 of
the United States Environmental Protection Agency, or an authorized
representative.
[[Page 643]]
Subsidence--the lowering of the natural land surface in response to:
Earth movements; lowering of fluid pressure; removal of underlying
supporting material by mining or solution solids, either artificially or
from natural causes; compaction due to wetting (hydrocompaction);
oxidation of organic matter in soils; or added load on the land surface.
Underground source of drinking water--an aquifer or its portion:
(a)(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of ground water to supply a
public water system; and
(i) Currently supplies drinking water for human consumption; or
(ii) Contains fewer than 10,000 mg/1 total dissolved solids; and
(b) Which is not an exempted aquifer.
USDW--underground source of drinking water.
Well--a bored, drilled, or driven shaft, or a dug hole whose depth
is greater than the largest surface dimension.
Well injection--the subsurfac emplacement of fluids through a bored,
drilled, or driven well; or through a dug well, where the depth of the
dug well is greater than the largest surface dimension.
Well workover--any reentry of an injection well; including, but not
limited to, the pulling of tubular goods, cementing or casing repairs;
and excluding any routine maintenance (e.g. re-seating the packer at the
same depth, or repairs to surface equipment).
Sec. 147.2903 Prohibition of unauthorized injection.
(a) Any underground injection, except as authorized by permit or
rule issued under the UIC program, is prohibited. The construction or
operation of any well required to have a permit is prohibited until the
permit has been issued.
(b) No owner or operator shall construct, operate, maintain,
convert, plug, or abandon any injection well, or conduct any other
injection activity, in a manner that allows the movement of fluid
containing any contaminant into underground sources of drinking water,
if the presence of that contaminant may cause the violation of any
primary drinking water regulation under 40 CFR part 142 or may otherwise
adversely affect the health of persons. The applicant for a permit shall
have the burden of showing that the requirements of this paragraph are
met.
(c) Injection between the outermost casing protecting underground
sources of drinking water and the well bore is prohibited.
Sec. 147.2904 Area of review.
(a) The area of review for an injection well or project will be a
fixed radius of one-forth of a mile from the well, field or project.
(b) The zone of endangering influence is the lateral area around the
injection well or project in which the injection zone pressures may
cause movement of fluid into an underground source of drinking water
(USDW) if there are improperly sealed, completed or abandoned wells
present. A zone of endangering influence may be determined by EPA
through the use of an appropriate formula that addresses the relevant
geologic, hydrologic, engineering and operational features of the well,
field, or project.
Sec. 147.2905 Plugging and abandonment.
The owner/operator shall notify the Osage UIC office within 30 days
of the date injection has terminated. The well must be plugged within 1
year after termination of injection. The Regional Administrator may
extend the time to plug, but only if no fluid movement into a USDW will
occur, and the operator has presented a viable plan for utilizing the
well within a reasonable time.
(a) Until an injection well has been properly plugged and abandoned,
annual reports to the Regional Administrator on well status, and
mechanical integrity tests as outlined in Secs. 147.2912 and 147.2920
will be required, whether or not injection has ceased.
(b) All wells shall be plugged to prevent movement of fluid into an
USDW.
(c) The owner/operator shall notify the Osage UIC office by
certified mail at least 5 days prior to the commencement of plugging
operations. The Osage UIC office may waive or reduce the 5-day notice
requirement when a qualified EPA representative is available to
[[Page 644]]
witness the plugging operation. The following information must be
submitted as part of the notification:
(1) Type and number of plugs to be used;
(2) Elevation of top and bottom of each plug;
(3) Method of plug placement; and
(4) Type, grade and quantity of cement to be used.
(d) The well shall be kept full of mud as casing is removed. No
surface casing shall be removed without written approval from the
Regional Administrator.
(e)(1) If surface casing is adequately set and cemented through all
freshwater zones (set to at least 50 feet below the base of freshwater),
a plug shall be set at least 50 feet below the shoe of the casing and
extending at least 50 feet above the shoe of the casing, or
(2) If the surface casing and cementing is inadequate, the well bore
shall be filled with cement from a point 50 feet below the base of fresh
water to a point 50 feet above the shoe of the surface casing, and any
additional plugs as required by the Osage UIC office and/or the Osage
Agency.
(3) In all cases, the top 20 feet of the well bore below 3 feet of
ground surface shall be filled with cement. Surface casing shall be cut
off 3 feet below ground surface and covered with a secure steel cap on
top of the surface pipe. The remaining 3 feet shall be filled with dirt.
(f)(1) Except as provided in paragraph (f)(2) of this section, each
producing or receiving formation shall be sealed off with a 50-foot
cement plug placed at the base of the formation and a 50-foot cement
plug placed at the top of the formation.
(2) The requirement in paragraph (f)(1) of this section does not
apply if the producing/receiving formation is already sealed off from
the well bore with adequate casing and cementing behind casing, and
casing is not to be removed, or the only openings from the producing/
receiving formation into the well bore are perforations in the casing,
and the annulus between the casing and the outer walls of the well is
filled with cement for a distance of 50 feet below the base of the
formation and 50 feet above the top of the formation. When such
conditions exist, a bridge plug capped with 10 feet of cement set at the
top of the producing formation may be used.
(g) When specified by the Osage UIC office, any uncased hole below
the shoe of any casing to be left in the well shall be filled with
cement to a depth of at least 50 feet below the casing shoe, or the
bottom of the hole, and the casing above the shoe shall be filled with
cement to at least 50 feet above the shoe of the casing. If the well has
a screen or liner which is not to be removed, the well bore shall be
filled with cement from the base of the screen or liner to at least 50
feet above the top of the screen or liner.
(h) All intervals between cement plugs in the well bore shall be
filled with mud.
(i) A report containing copies of the cementing tickets shall be
submitted to BIA within 10 days of plugging completion.
(j) A surety bond must be on file with the Bureau of Indian Affairs
(BIA), and shall not be released until the well has been properly
plugged and the Regional Administrator has agreed to the release of the
bond.
Sec. 147.2906 Emergency permits.
(a) An emergency permit may be issued if:
(1) There will be an imminent health hazard unless an emergency
permit is issued; or
(2) There will be a substantial and irretrievable loss of oil and
gas resources, timely application for a permit could not practicably
have been made, and injection will not result in movement of fluid into
an USDW; or
(3) There will be a substantial delay in oil or gas production, and
injection will not result in movement of fluid into an USDW.
(b) Requirements--(1) Permit duration. (i) Emergency permits issued
to avoid an imminent health threat may last no longer than the time
necessary to prevent the hazard.
(ii) Emergency permits issued to prevent a substantial and
irretrievable loss of oil or gas resources shall be for
[[Page 645]]
no longer than 90 days, unless a complete permit application has been
submitted during that time; in which case the emergency permit may be
extended until a final decision on the permit application has been made.
(iii) Emergency permits to avoid a substantial delay in oil or gas
production shall be issued only after a complete permit application has
been submitted and shall be effective until a final decision on the
permit application is made.
(2) Notice of the emergency permit will be given by the Regional
Administrator according to the notice procedure for a draft permit
within 10 days after issuance.
(3) An emergency permit may be oral or written. If oral, a written
emergency permit must be issued within five calendar days.
Sec. 147.2907 Confidentiality of information.
(a) The following information cannot be claimed confidential by the
submitter:
(1) Name and address of permit applicant or permittee.
(2) Information concerning the existence, absence or level of
contaminants in drinking water.
(b) Other information claimed as confidential will be processed in
accordance with 40 CFR part 2.
Sec. 147.2908 Aquifer exemptions.
(a) After notice and opportunity for a public hearing, the
Administrator may designate any aquifer or part of an aquifer as an
exempted aquifer.
(b) An aquifer or its portion that meets the definition of a USDW
may be exempted by EPA from USDW status if the following conditions are
met:
(1) It does not currently serve as a source of drinking water, and
(2) It cannot now and will not in the future serve as a source of
drinking water because:
(i) It is hydrocarbon producing, or can be demonstrated by a permit
applicant as a part of a permit application for a Class II operation to
contain hydrocarbons that are expected to be commercially producible
(based on historical production or geologic information); or
(ii) It is situated at a depth or location which makes recovery of
water for drinking water purposes economically or technologically
impractical; or
(iii) It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or
(3) The Total Dissolved Solids content of the groundwater is more
than 3,000 and less than 10,000 mg/1 and it is not reasonably expected
to supply a public water system.
Sec. 147.2909 Authorization of existing wells by rule.
All existing Class II injection wells (wells authorized by BIA and
constructed or completed on or before the effective date of the Osage
UIC program) are hereby authorized. Owners or operators of wells
authorized by rule must comply with the provisions of Secs. 147.2903,
147.2905, 147.2907, and 147.2910 through 147.2915.
Sec. 147.2910 Duration of authorization by rule.
Existing Class II injuction wells are authorized for the life of the
well, subject to the obligation to obtain a permit if specifically
required by the Regional Administrator pursuant to Sec. 147.2915.
Sec. 147.2911 Construction requirements for wells authorized by rule.
All Class II wells shall be cased and cemented to prevent movement
of fluids into USDWs. The Regional Administrator shall review inventory
information, data submitted in permit applications, and other records,
to determine the adequacy of construction (completion) or existing
injection wells. At the Regional Administrator's discretion, well casing
and cementing may be considered adequate if it meets the BIA
requirements that were in effect at the time of construction
(completion) and will not result in movement of fluid into an USDW. If
the Regional Administrator determines that the construction of a well
authorized by rule is inadequate, he shall require a permit, or he shall
notify the owner/operator and the owner/operator shall
[[Page 646]]
correct the problem according to instructions from the Regional
Administrator. All corrections must be completed within one year of
owner/operator notification of inadequacies.
Sec. 147.2912 Operating requirements for wells authorized by rule.
(a) Each well authorized by rule must have mechanical integrity.
Mechanical integrity must be demonstrated within five years of program
adoption. The Regional Administrator will notify the well owner/operator
three months before proof of mechanical integrity must be submitted to
EPA. The owner/operator must contact the Osage UIC office at least five
days prior to testing. The owner/operator may perform the mechanical
integrity test prior to receiving notice from the Regional
Administrator, provided the Osage UIC office is notified at least five
days in advance. Conditions of both paragraphs (a)(1) and (a)(2) of this
section must be met.
(1) There is no significant leak in the casing, tubing or packer.
This may be shown by the following:
(i) Performance of a pressure test of the casing/tubing annulus to
at least 200 psi, or the pressure specified by the Regional
Administrator, to be repeated thereafter, at five year intervals, for
the life of the well (pressure tests conducted during well operation
shall maintain an injection/annulus pressure differential of at least
100 psi through the tubing length); or
(ii) Maintaining a positive gauge pressure on the casing/tubing
annulus (filled with liquid) and monitoring the pressure monthly and
reporting of the pressure information annually; or
(iii) Radioactive tracer survey; or
(iv) For enhanced recovery wells, records of monitoring showing the
absence of significant changes in the relationship between injection
pressure and injection flow rate at the well head, following an initial
pressure test as described by paragraph (a)(1)(i) or (v) of this
section; or
(v) Testing or monitoring programs approved by the Regional
Administrator on a case-by-case basis, and
(2) There is no significant fluid movement into a USDW through
vertical channels adjacent to the well bore. This may be shown by any of
the following:
(i) Cementing records (need not be reviewed every five years);
(ii) Tracer survey (in appropriate hydrogeologic settings; must be
used in conjunction with at least one of the other alternatives);
(iii) Temperature log;
(iv) Noise log; or
(v) Other tests deemed acceptable by the Regional Administrator.
(b) Injection pressure at the wellhead shall be limited so that it
does not initiate new fractures or propagate existing fractures in the
confining zone adjacent to any UDSW.
(1) For existing Class II salt water disposal wells, The owner/
operator shall, except during well stimulation, use an injection
pressure at the wellhead no greater than the pressure calculated by
using the following formula:
Pm=(0.75-0.433Sg)d
where:
Pm=injection pressure at the wellhead in pounds per square inch
Sg=specific gravity of injected fluid (unitless)
d=injection depth in feet.
Owner/operator of wells shall comply with the above injection pressure
limits no later than one year after the effective date of this
regulation.
(2) For existing Class II enhanced recovery wells, the owner or
operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing according to the provisions of part
124, subpart A of this chapter, and will inform owners and operators in
writing of the applicable maximum pressure.
(ii) Prior to such time as the Regional Administrator establishes
rules for maximum injection pressures based on data provided pursuant to
paragraph (b)(2)(ii)(B) of this section the owner/operator shall:
[[Page 647]]
(A) Limit injection pressure at the wellhead to a value which will
not initiate new fractures or propagate existing fractures in the
confining zone adjacent to any USDW; and
(B) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within one year of the effective date of this
program.
(c) Injection wells or projects which have exhibited failure to
confine injected fluids to the authorized injection zone or zones may be
subject to restriction of injection volume and pressure, or shut-down,
until the failure has been identified and corrected.
(The information collection requirements contained in paragraphs (a)(1)
(ii) through (v) and (a)(2) (i) through (v) were approved by the Office
of Management and Budget under control number 2040-0042)
Sec. 147.2913 Monitoring and reporting requirements for wells authorized by rule.
(a) The owner/operator has the duty to submit inventory information
to the Regional Administrator upon request. Such request may be a
general request to all operators in the County (e.g., public notice, or
mailout requesting verification of information).
(b) The operator shall monitor the injection pressure (psi) and rate
(bb1/day) at least monthly, with the results reported annually. The
annual report shall specify the types of methods used to generate the
monitoring data.
(c) The owner/operator shall notify the Osage UIC office within 30
days of any mechanical failure or down-hole problems involving well
integrity, well workovers, or any noncompliance. As required, operators
must apply for and obtain a workover permit from the Bureau of Indian
Affairs Osage Agency before reentering an injection well. If the
condition may endanger an USDW, the owner/operator shall notify the
Osage UIC office orally within 24 hours, with written notice including
plans for testing and/or repair to be submitted within five days. If all
the information is not available within five days, a followup report
must be submitted within 30 days.
(d) The owner/operator shall determine the nature of injected fluids
initially, when the nature of injected fluids is changed or when new
constituents are added. The records should reflect the source of
character of the new fluid and the date changes were made.
(e) The owner/operator shall retain all monitoring records for three
years, unless an enforcement action is pending, and then until three
years after the enforcement action has been resolved.
(Approved by the Office of Management and Budget under control number
2040-0042)
Sec. 147.2914 Corrective action for wells authorized by rule.
Based on the Regional Administrator's discretion, corrective action
to prevent movement of fluid into an USDW may be required for improperly
sealed, completed or abandoned wells (i.e., wells or well bores which
may provide and avenue for fluid migration into a USDW) within the zone
of endangering influence (as defined in Sec. 147.2904, Area of Review)
of an injection well authorized by rule.
(a) EPA will notify the operator when corrective action is required.
Corrective action may include:
(1) Well modifications:
(i) Recementing;
(ii) Workover;
(iii) Reconditioning;
(iv) Plugging or replugging;
(2) Limitations on injection pressure to prevent movement of fluid
into an USDW;
(3) A more stringent monitoring program; and/or
(4) Periodic testing of other wells to determine if significant
movement of fluid has occurred.
(b) If the monitoring discussed in paragraph (a)(3) or (4) of this
section indicate the potential endangerment of an USDW, then action as
described in paragraph (a)(1) or (2) of this section must be taken.
[[Page 648]]
Sec. 147.2915 Requiring a permit for wells authorized by rule.
(a) The Regional Administrator may require the owner or operator of
any well authorized by rule to apply for an individual or area permit.
The Regional Administrator shall notify the owner/operator in writing
that a permit application is required. The notice shall contain:
(1) Explanation of need for application;
(2) Application form and, if appropriate, a list of additional
information to be submitted; and
(3) Deadline for application submission.
(b) Cases in which the Regional Administrator may require a permit
include:
(1) The owner or operator is not in compliance with provisions of
the rule;
(2) Injection well is no longer within the category of wells
authorized by rule;
(3) Protection of USDWs requires that the injection operation be
regulated by requirements which are not contained in the rule; or
(4) Discretion of Regional Administrator.
(c) Injection is no longer authorized by rule upon the effective
date of a permit or permit denial, or upon failure of the owner/operator
to submit an application in a timely manner as specified in the notice
described in paragraph (a) of this section.
(d) Any owner/operator authorized by rule may request to be excluded
from the coverage of the rules by applying for an individual or area UIC
permit.
Sec. 147.2916 Coverage of permitting requirements.
The owner or operator of a new Class II injection well or any other
Class II well required to have a permit in the Osage Mineral Reserve
shall comply with the requirements of Secs. 147.2903, 147.2907,
147.2918, through 147.2928.
Sec. 147.2917 Duration of permits.
Unless otherwise specified in the permit, the permits will be in
effect until the well is plugged and abandoned or the permit terminated.
The Regional Administrator will review each issued permit at least once
every five years to determine whether it should be modified or
terminated.
Sec. 147.2918 Permit application information.
(a) The owner/operator must submit the original and three copies of
the permit application, with two complete sets of attachments, to the
Osage UIC office. The application should be signed by the owner/operator
or a duly authorized representative. The application should also include
appropriate forms (i.e., BIA's Application for Operation or Report on
Wells and EPA's permit application). The applicant has the burden of
proof to show that the proposed injection activities will not endanger
USDWs.
(b) The application shall include the information listed below.
Information required by paragraphs (b) (5), (7), or (9) of this section
that is contained in EPA or BIA files may be included in the application
by reference.
(1) Map using township-range sections showing the area of review and
identifying all wells of public record penetrating the injection
interval.
(2) Tabulation of data on the wells identified in paragraph (b)(1)
of this section, including location, depth, date drilled, and record of
plugging and/or completion.
(3) Operating data:
(i) Maximum and average injection rate;
(ii) Maximum and average injection pressure;
(iii) Whether operation is on cyclic or continuous operation basis;
and
(iv) Source and appropriate analysis of injected fluids, including
total dissolved solids, chlorides, and additives.
(4) Geologic data on the injection and confining zones, including
faults, geological name, thickness permeability, depth and lithologic
description.
(5) Depth to base of fresh water.
(6) Schematic drawings of the surface and subsurface details of the
well, showing:
(i) Total depth or plug-back depth;
(ii) Depth to top and bottom of injection interval;
(iii) Depths to tops and bottoms of casing and cemented intervals,
and amount of cement to be used;
[[Page 649]]
(iv) Size of casing and tubing, and depth of packer; and
(v) Hole diameter.
(7) Proof that surety bond has been filed with the BIA
Superintendent in accordance with 25 CFR 226.6. A surety bond must be
maintained until the well has been properly plugged.
(8) Verification of public notice, consisting of a list showing the
names, addresses, and date that notice of permit application was given
or sent to:
(i) The surface land owner;
(ii) Tenants on land where injection well is located or proposed to
be located; and
(iii) Each operator of a producing lease within one-half mile of the
well location.
(9) All available logging and testing data on the well (for existing
wells, i.e., wells to be converted or wells previously authorized by
rule).
(Approved by the Office of Management and Budget under control number
2040-0042)
Sec. 147.2919 Construction requirements for wells authorized by permit.
(a) All Class II wells shall be sited so that they inject into a
formation that is separated from any USDW by a confining zone free of
known open faults or fractures within the area of review.
(b) All Class II wells shall be cased and cemented to prevent
movement of fluids into or between USDWs. Requirements shall be based on
the depth to base of fresh water, and the depth to the injection zone.
Newly drilled Class II wells must have surface casing set and cemented
to at least 50 feet below the base of fresh water, or the equivalent
(e.g., long string cemented to surface). At the Regional Administrator's
discretion, the casing and cementing of wells to be converted may be
considered adequate if they meet the BIA requirements that were in
effect at the time of construction (completion), and will not result in
movement of fluid into a USDW.
(c) Owner/operators shall provide a standard female fitting with
cut-off valves, connected to the tubing and the tubing/casing annulus so
that the injection pressure and annulus pressure may be measured by an
EPA representative by attaching a gauge having a standard male fitting.
(d) No owner or operator may begin construction of a new well until
a permit authorizing such construction has been issued, unless such
construction is otherwise authorized by an area permit.
Sec. 147.2920 Operating requirements for wells authorized by permit.
(a) For new Class II wells, injection shall be through adequate
tubing and packer. Packer shall be run on the tubing and set inside the
casing within 75 feet of the top of the injection interval. For existing
Class II, wells, injection shall be through adequate tubing and packer,
or according to alternative operating requirements approved by the
Regional Administrator, as necessary to prevent the movement of fluid
into a USDW.
(b) Each well must have mechanical integrity. Mechanical integrity
of the injection well must be shown prior to operation. The owner/
operator must notify the Osage UIC office at least five days prior to
mechanical integrity testing. Conditions of both paragraphs (b) (1) and
(2) of this section must be met.
(1) There is no significant leak in the casing, tubing or packer.
This may be shown by the following:
(i) Performance of a pressure test of the casing/tubing annulus to
at least 200 psi, or the pressure specified by the Regional
Administrator, to be repeated thereafter, at five year intervals, for
the life of the well (Pressure tests conducted during well operation
shall maintain an injection/annulus pressure differential of at least
100 psi throughout the tubing length); or
(ii) Maintaining a positive gauge pressure on the casing/tubing
annulus (filled with liquid) and monitoring the pressure monthly and
reporting of the pressure information annually; or
(iii) Radioactive tracer survey; or
(iv) For enhanced recovery wells, record of monitoring showing the
absence of significant changes in the relationship between injection
pressure and injection flow rate at the wellhead, following an initial
pressure test as described by paragraph (b)(1) (i) or (v) of this
section; or
[[Page 650]]
(v) Testing or monitoring programs approved by the Administrator on
a case-by-case basis, and
(2) There is no significant fluid movement into a USDW through
vertical channels adjacent to the well bore. This may be shown by any of
the following:
(i) Cementing records (need not be reviewed every five years);
(ii) Tracer survey (in appropriate hydrogelogic settings; must be
used in conjunction with at least one of the other alternatives);
(iii) Temperature log;
(iv) Noise log; or
(v) Other tests deemed acceptable by the Administrator.
(c) Injection pressure at the wellhead shall be limited so that it
does not initiate new fractures or propagate existing fractures in the
confining zone adjacent to any UDSW.
(d) Injection wells or projects which have exhibited failure to
confine injected fluids to the authorized injection zone or zones may be
subject to restriction of injected volume and pressure or shut-in, until
the failure has been identified and corrected.
(e) Operation shall not commence until proof has been submitted to
the Regional Administrator, or an EPA representative has witnessed that
any corrective action specified in the permit has been completed.
Sec. 147.2921 Schedule of compliance.
The permit may, when appropriate, specify a schedule of compliance
leading to compliance with the Safe Drinking Water Act and the Osage UIC
regulations.
(a) Any schedule of compliance shall require compliance as soon as
possible, and in no case later than three years after the effective date
of the permit.
(b) If a permit establishes a schedule of compliance which exceeds
one year from the date of permit issuance, the schedule shall set forth
interim requirements and the dates for their achievement.
(1) The time between interim dates shall not exceed one year.
(2) If the time necessary for completion of any interim requirement
is more than 1 year and is not readily divisible into stages for
completion, the permit shall specify interim dates for the submission of
reports of progress toward completion of the interim requirements and
indicate a projected completion date.
(c) The permit shall be written to require that if a schedule of
compliance is applicable, progress reports be submitted no later than 30
days following each interim date and the final date of compliance.
Sec. 147.2922 Monitoring and reporting requirements for wells authorized by permit.
(a) The owner/operator shall notify the Osage UIC office within 30
days of the date on which injection commenced.
(b) The operator shall monitor the injection pressure (psi) and rate
(bbl/day) at least monthly, with the results reported annually. The
annual reports shall specify the types or methods used to generate the
monitoring data.
(c) The owner/operator shall notify the Osage UIC office within 30
days of any mechanical failure or down-hole problems involving well
integrity, well workovers, or any noncompliance. (Operators should note
the obligation to apply for and obtain a workover permit from the Bureau
of Indian Affairs Osage Agency before reentering an injection well.) If
the condition may endanger an USDW, the owner/operator shall notify the
Osage UIC officer orally within 24 hours, with written notice including
plans for testing and/or repair to be submitted within five days. If all
the information is not available within five days, a followup report
must be submitted within 30 days.
(d) The owner/operator shall retain all monitoring records for three
years, unless an enforcement action is pending, and then until three
years after the enforcement action has been resolved.
(e) The owner/operator shall notify the Osage UIC office in writing
of a transfer of ownership at least 10 days prior to such transfer.
(Approved by the Office of Management and Budget under control number
2040-0042)
[[Page 651]]
Sec. 147.2923 Corrective action for wells authorized by permit.
All improperly sealed, completed or abandoned wells (i.e., wells or
well bores which may provide an avenue for movement of fluid into an
UDSW) within the zone of endangering influence (as defined in
Sec. 147.2904, Area of Review) that penetrate the injection zone of a
Class II well, must have corrective action taken to prevent movement of
fluid into a USDW.
(a) EPA will review completion and plugging records of wells within
the zone of endangering influence that penetrate the injection zone and
will notify the operator when corrective action is required. Corrective
action may include:
(1) Well modifications, including:
(i) Recementing;
(ii) Workover;
(iii) Reconditioning; and/or
(iv) Plugging or replugging;
(2) Permit conditions to limit injection pressure so as to prevent
movement of fluid into a USDW;
(3) A more stringent monitoring program; and/or
(4) Periodic testing of other wells within the area of review to
determine if significant movement of fluid has occurred. If the
monitoring discussed in paragraph (a)(3) or (a)(4) of this section
indicates the potential endangerment of a USDW, then action as described
in paragraph (a)(1) or (a)(2) of this section must be taken.
(b) If the Regional Administrator has demonstrable knowledge that
wells within the zone of endangering influence will not serve as
conduits for fluid movement into a USDW, the permit may be approved
without requiring corrective action. However, additional monitoring
shall be required to confirm that no significant migration will occur.
Sec. 147.2924 Area permits.
(a) Area permits may be issued for more than one injection well if
the following conditions are met:
(1) All existing wells are described and located in the permit
application;
(2) All wells are within the same well field, project, reservoir or
similar unit;
(3) All wells are of similar construction; and
(4) All wells are operated by the same owner/operator.
(b) Area permits shall specify:
(1) The area within which injection is authorized; and
(2) The requirements for construction, monitoring, reporting,
operation and abandonment for all wells authorized by the permit.
(c) Area permits can authorize the construction and operation of new
wells within the permit area, if:
(1) The permittee notifies the Regional Administrator in the annual
report of when and where any new wells have or will be drilled;
(2) The new wells meet the criteria outlined in paragraphs (a) and
(b) of this section; and
(3) The effects of the new wells were addressed in the permit
application and approved by the Regional Administrator.
Sec. 147.2925 Standard permit conditions.
(a) The permittee must comply with all permit conditions, except as
authorized by an emergency permit (described in Sec. 147.2906).
Noncompliance is grounds for permit modification, permit termination or
enforcement action.
(b) The permittee has a duty to halt or reduce activity in order to
maintain compliance with permit conditions.
(c) The permittee shall take all reasonable steps to mitigate any
adverse environmental impact resulting from noncompliance.
(d) The permittee shall properly operate and maintain all facilities
installed or used to meet permit conditions. Proper operation and
maintenance also includes adequate operator staffing and training,
adequate funding, and adequate engineering capability available.
(e) This permit may be modified or terminated for cause (see
Secs. 147.2927 and 147.2928). The filing of a request by the permittee
for a permit modification or termination, or a notification of planned
changes or anticipated noncompliance, does not stay any permit
condition.
(f) This permit does not convey any property rights, or any
exclusive privilege.
(g) The permittee shall furnish, within a reasonable time,
information that
[[Page 652]]
the Regional Administrator requests, for determination of permit
compliance, or if cause exists, for permit modification or termination.
(h) The permittee shall allow EPA representatives, upon presentation
of appropriate credentials or other documentation, to:
(1) Enter permittee's premises where a regulated activity is
conducted or located, or where records required by this permit are kept;
(2) Have access to and copy records required by this permit;
(3) Inspect any facilities, equipment, practices or operations
regulated or required by this permit; and
(4) Sample or monitor any substances or parameters at any location
for purpose of assuring compliance with this permit or the SDWA.
(i) Monitoring and records.
(1) Samples and monitoring data shall be representative of injection
activity.
(2) Permittee shall retain monitoring records for three years.
(3) Monitoring records shall include:
(i) Date, exact place and time of sampling or measurement;
(ii) Individual(s) who preformed the measurements;
(iii) Date(s) analyses were performed;
(iv) Individual(s) who performed the analyses;
(v) Analytical techniques or methods used, including quality
assurance techniques employed to insure the generation of reliable data;
and
(vi) Results of analyses.
(j) Signatory requirements. All applications, reports or information
submitted to the Regional Administrator or the Osage UIC office must be
signed by the injection facility owner/operator or his duly authorized
representative. The person signing these documents must make the
following certification:
``I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this document and all
attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
the information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including
the possibility of fine and imprisonment.''
(k) Reporting requirements. (1) The permittee shall notify the
Regional Administrator as soon as possible of any planned changes to the
facility.
(2) The permittee shall give advance notice to the Regional
Administrator of any planned changes which may result in noncompliance.
(3) This permit is not transferable to any person except after
notice to the Regional Administrator in accordance with Sec. 147.2926.
(l) A new injection well shall not commence injection until
construction is complete and the Regional Administrator has been
notified of completion of construction and has given his approval to
commence injection.
(The information collection requirements contained in paragraphs (g) and
(i) were approved by the Office of Management and Budget under control
number 2040-0042)
Sec. 147.2926 Permit transfers.
(a) Permits may be transferred to another permittee:
(1) If the current permittee notifies the Regional Administrator at
least 10 days before the proposed transfer date; and
(2) If the notice includes a written agreement between the existing
and new permittees containing:
(i) A specific date for transfer of permit responsibility, coverage
and liability; and
(ii) Assurance that the new permittee has a surety bond on file with
BIA; and
(3) If the Regional Administrator does not respond with a notice to
the existing permittee that the permit will be modified.
(b) If the conditions in paragraph (a) of this section are met, the
transfer is effective on the date specified in paragraph (a)(2)(i) of
this section.
Sec. 147.2927 Permit modification.
(a) Permits may be modified for the following causes only (with the
exceptions listed in paragraph (b) of this section regarding minor
modifications):
(1) There are substantial changes to the facility or activity which
occurred after permit issuance that justify revised or additional permit
conditions.
[[Page 653]]
(2) The Regional Administrator has received information (e.g., from
monitoring reports, inspections) which warrants a modified permit.
(3) The regulations or standards on which the permit was based have
changed.
(4) The Regional Administrator has received notice of a proposed
permit transfer.
(5) An interested person requests in writing that a permit be
modified, and the Regional Administrator determines that cause for
modification exists.
(6) Cause exists for termination under Sec. 147.2928, but the
Regional Administrator determines that permit modification is
appropriate.
(b) Minor modifications. (1) Minor modifications do not require that
the procedures listed in paragraph (c) of this section be followed.
(2) Minor modifications consist of:
(i) Correcting typographical errors;
(ii) Requiring more frequent monitoring or reporting;
(iii) Changing ownership or operational control (see Sec. 147.2926,
Permit Transfers); or
(iv) Changing quantities or types of injected fluids, provided:
(A) The facility can operate within conditions of permit;
(B) The facility classification would not change.
(c) Modification procedures. (1) A draft permit shall be prepared
with proposed modifications.
(2) The draft permit shall follow the general permitting procedures
(i.e., public comment period, etc.) before a final decision is made.
(3) Only the changed conditions shall be addressed in the draft
permit or public review.
Sec. 147.2928 Permit termination.
(a) Permits may be terminated for the following causes only:
(1) Noncompliance with any permit condition.
(2) Misrepresentation or failure to fully disclose any relevant
facts.
(3) Determination that the permitted activity endangers human health
or the environment.
(4) Interested person requests in writing that a permit be
terminated and the Regional Administrator determines that request is
valid.
(b) Termination procedures. (1) The Regional Administrator shall
issue notice of intent to terminate (which is a type of draft permit).
(2) Notice of intent to terminate shall follow the general
permitting procedures (i.e., public comment period, etc.) before a final
decision is made.
Sec. 147.2929 Administrative permitting procedures.
(a) Completeness review. (1) The Regional Administrator shall review
each permit application for completeness with the application
requirements in Sec. 147.2918. The review will be completed in 10 days,
and the Regional Administrator shall notify the applicant whether or not
the application is complete.
(2) If the application is incomplete, the Regional Administrator
shall:
(i) List the additional information needed;
(ii) Specify a date by which the information must be submitted; and
(iii) Notify the applicant when the application is complete.
(3) After an application is determined complete, the Regional
Administrator may request additional information to clarify previously
submitted information. The application will still be considered
complete.
(4) If an applicant fails or refuses to correct deficiencies in the
application, the permit may be denied and appropriate enforcement
actions taken.
(b) Draft permits. (1) After an application is deemed complete, the
Regional Administrator shall either prepare a draft permit or notice of
intent to deny the permit (which is a type of draft permit). If the
Regional Administrator later decides the tentative decision to deny was
wrong, he shall withdraw the notice of intent to deny and prepare a
draft permit.
(2) A draft permit shall contain at least the following information:
(i) The standard permit conditions in Sec. 147.2925;
(ii) Any monitoring and reporting requirements;
(iii) The construction and operation requirements; and
[[Page 654]]
(iv) Plugging and abandonment requirements.
(c) Statement of basis. (1) The Regional Administrator shall prepare
a statement of basis for every draft permit.
(2) The statement of basis shall briefly describe the draft permit
conditions and the reasons for them. In the case of a notice of intent
to deny or terminate, the statement of basis shall give reasons to
support the tentative decision.
(3) The statement of basis shall be sent to the applicant, and to
any other person who requests a copy.
(d) Public notice. (1)(i) The Regional Administrator shall give
public notice when:
(A) A permit application has been tentatively denied;
(B) A draft permit has been prepared;
(C) A hearing has been scheduled; or
(D) An appeal has been granted.
(ii) The applicant shall give public notice that he is submitting a
permit application.
(iii) Public notice is not required when a request for permit
modification or termination is denied. However, written notice will be
given to the permittee and the requester.
(iv) Public notices may include more than one permit or action.
(2)(i) Public notice of a draft permit (including notice of intent
to deny) shall allow at least 15 days for public comment.
(ii) Public notice of a hearing shall be given at least 30 days
before the hearing.
(3)(i) Public notice given by the Regional Administrator for the
reasons listed in paragraph (d)(1)(i) of this section shall be mailed to
the applicant, and published in a daily or weekly paper of general
circulation in the affected area.
(ii) Notice of application submission required by paragraph
(d)(1)(ii) of this section shall be given to the surface landowner,
tenants on the land where an injection well is located or is proposed to
be located, and to each operator of a producing lease within one-half
mile of the well location prior to submitting the application to the
Regional Administrator.
(4) The notice of application submission in paragraphs (d)(1)(ii)
and (d)(3)(ii) of this section shall contain:
(i) The applicant's name and address;
(ii) The legal location of the injection well;
(iii) Nature of activity;
(iv) A statement that EPA will be preparing a draft permit and that
there will be an opportunity for public comment; and
(v) The name and phone number of EPA contact person.
(5) All other notices shall contain:
(i) The name, address, and phone number of the Osage UIC office and
contact person for additional information and copies of the draft
permit;
(ii) Name and address of permit applicant or permittee;
(iii) Brief description of nature of activity;
(iv) Brief description of comment period and comment procedures;
(v) Location of the information available for public review; and
(vi) In the case of a notice for a hearing the notice shall also
include:
(A) Date, time, and location of hearing;
(B) Reference to date of previous notices of the same permit; and
(C) Brief description of the purpose of the hearing, including rules
and procedures.
(e) Public comments. (1) During the public comment period, any
person may submit written comments on the draft permit, and may request
a public hearing. A request for hearing shall be in writing and state
the issues proposed to be raised in the hearing.
(2) The Regional Administrator shall consider all comments when
making the final decision, and shall respond to comments after the
decision is made. The response shall:
(i) Specify if any changes were made from the draft permit to the
final permit decision, and why;
(ii) Briefly describe and respond to all significant comments on the
draft permit made during the comment period, or hearing, if held; and
(iii) Be made available to the public.
(f) Public hearings. (1) The Regional Administrator shall hold a
public hearing whenever he finds a significant amount of public interest
in a draft permit, based on the requests submitted, or at his
discretion.
[[Page 655]]
(2) Any person may submit oral or written statements and data
concerning the draft permit. The public comment period shall be
automatically extended to the close of any public hearing held, or may
be extended by the hearing officer at the hearing.
(3) A tape recording or written transcript of the hearing shall be
made available to the public.
(g) Reopening of the comment period. (1) If any of the information
submitted during the public comment period raises substantial new
questions about a permit, the Regional Administrator may:
(i) Prepare a new draft permit;
(ii) Prepare a revised statement of basis; or
(iii) Reopen the comment period.
(2) Comments submitted during a reopened comment period shall be
limited to the substantial new questions that caused its reopening.
(3) Public notice about any of the above actions shall be given and
shall define the scope of the new questions raised.
(h) Issuance and effective date of a permit. (1) After the close of
the comment period on a draft permit, the Regional Administrator shall
make a final permit decision. The Regional Administrator shall notify
the applicant and each person who commented or requested to receive
notice. The notice shall include reference to the procedures for
appealing a permit decision.
(2) A final permit decision shall become effective 30 days after
giving notice of the decision unless:
(i) A later date is specified in the notice;
(ii) Review is requested under Sec. 147.2929(j); or
(iii) No comments requested a change in the draft permit, in which
case the permit is effective immediately upon issuance.
(i) Stays of contested permit conditions. If a request for review of
a final UIC permit Sec. 147.2929(j) is granted, the effect of the
contested permit conditions shall be stayed and shall not be subject to
judicial review pending final agency action. If the permit involves a
new injection well or project, the applicant shall be without a permit
for the proposed well pending final agency action. Uncontested
provisions which are not severable from those contested provisions shall
be stayed with the contested provisions.
(j) Appeal of permits. (1) Any person who filed comments on the
draft permit or participated in the public hearing may petition the
Administrator to review any condition of the permit decision. Any person
who failed to file comments or participate in the hearing may petition
for administrative review only to the extent of the changes from the
preliminary permit to the final permit decision.
(2) A person may request review of a final permit decision within 30
days after a final permit decision has been issued. The 30-day period
within which a person may request review begins with the service of
notice of the Regional Administrator's final permit decision unless a
later date is specified in that notice.
(3) The petition requesting review shall include:
(i) A demonstration that the petition is eligible under the
requirements of paragraph (j)(1) of this section; and, when appropriate,
(ii) A showing that the condition in question is based on:
(A) A finding of fact or conclusion of law that is clearly
erroneous; or
(B) An exercise of discretion or important policy consideration
which the Administrator, in his discretion, should review.
(4) The Administrator may also decide, on his initiative, to review
any condition of any UIC permit issued under these requirements. The
Administrator must act under this paragraph within 30 days of the date
notice was given of the Regional Administrator's action.
(5) Within a reasonable time following the filing of the petition
for review, the Administrator shall issue an order either granting or
denying the request. To the extent that review is denied, the conditions
of the final permit decision become final agency action.
(6) Public notice shall be given by the Regional Administrator of
any grant of a review petition by the Administrator. Notice shall be
sent to the applicant, the person requesting the review, appropriate
persons on the Osage County
[[Page 656]]
mailing list and to newspapers of general circulation in the county.
Included in the notice shall be a briefing schedule for the appeal and a
statement that any interested person may file an amicus brief. Notice of
denial of the review petition will be sent only to the person(s)
requesting the review.
(7) A petition to the Administrator, under paragraphs (j) (1) and
(2) of this section is a prerequisite to the seeking of judicial review
of the final agency action. For purposes of judicial review, final
agency action occurs when a final UIC permit is issued or denied by the
Regional Administrator and agency review procedures are exhausted. A
final permit decision shall be issued by the Regional Administrator:
(i) When the Administrator issues notice to the parties involved
that review has been denied;
(ii) When the Administrator issues a decision on the merits of the
appeal and the decision does not include a remand of the proceedings; or
(iii) Upon the completion of the remand proceedings if the
proceedings are remanded, unless the Administrator's remand order
specifically provides that the appeal of the remand decision will be
required to exhaust the administrative remedies.
Subpart HHH--Lands of the Navajo, Ute Mountain Ute, and All Other New
Mexico Tribes
Source: 53 FR 43104, Oct. 25, 1988, unless otherwise noted.
Sec. 147.3000 EPA-administered program.
(a) Contents. The UIC program for the Indian lands of the Navajo,
the Ute Mountain Ute (Class II wells only on Ute Mountain Ute lands in
Colorado and all wells on Ute Mountain Ute lands in Utah and New
Mexico), and all wells on other Indian lands in New Mexico is
administered by EPA. (The term ``Indian lands'' is defined at 40 CFR
144.3.) The Navajo Indian lands are in the States of Arizona, New
Mexico, and Utah; and the Ute Mountain Ute lands are in Colorado, New
Mexico and Utah. This program consists of the UIC program requirements
of 40 CFR parts 124, 144, 146, 148, and additional requirements set
forth in the remainder of this subpart. The additions and modifications
of this subpart apply only to the Indian lands described above.
Injection well owners and operators, and EPA shall comply with these
requirements.
(b) Effective date. The effective date for the UIC program on these
lands is November 25, 1988.
[53 FR 43104, Oct. 25, 1988, as amended at 56 FR 9422, Mar. 6, 1991]
Sec. 147.3001 Definition.
Area of review. For the purposes of this subpart, area of review
means the area surrounding an injection well or project area described
according to the criteria set forth in Sec. 147.3009 of this subpart.
Sec. 147.3002 Public notice of permit actions.
An applicant shall give public notice of his intention to apply for
a permit as follows:
(a) Prior to submitting an application to the Director, the
applicant shall give notice to each landowner, tenant, and operator of a
producing lease within one-half mile of the well and to the affected
Tribal Government. The notice shall include:
(1) Name and address of applicant;
(2) A brief description of the planned injection activities
including well location, name and depth of the injection zone, maximum
injection pressure and volume, and source and description of the fluid
to be injected;
(3) Name, address, and phone number of the EPA contact person; and
(4) A statement that opportunity to comment will be announced to the
public after EPA prepares a draft permit.
(b) In addition to the requirements of Sec. 144.31(e) of this
chapter, a permit applicant shall submit a description of the way the
notice was given and the names and addresses of those to whom it was
given.
(c) Upon written request and supporting documentation, the Director
may waive the requirement in paragraph (a) of this section to give
individual notice of intent to apply for permits in an area where it
would be impractical. However, notice to the affected Tribal government
shall not be waived.
[[Page 657]]
(d) The Director shall also provide to the affected Tribal
government all notices given to State governments under Sec. 124.10(c)
of this chapter.
Sec. 147.3003 Aquifer exemptions.
(a) Aquifer exemptions in connection with Class II wells. In
accordance with Sec. 144.7(b) and Sec. 146.4 of this chapter, the
portions of authorized injection zones into which existing Class II
wells are currently injecting which are described in appendix A are
hereby exempted. The exempted aquifers are defined by a one-quarter mile
radius from the existing injection well. The exemption includes the
intended injection zone only and is solely for the purpose of Class II
injection.
(b) Class III wells. In addition to the requirements of
Sec. 144.7(c)(1) of this chapter, an applicant for a uranium mining
permit which necessitates an aquifer exemption shall submit a plugging
and abandonment plan containing an aquifer cleanup plan, acceptable to
the Director, describing the methods or techniques that will be used to
meet the standards of Sec. 147.3011. The cleanup plan shall include an
analysis of pre-injection water quality for the constituents required by
the Director. The Director shall consider the cleanup plan in addition
to the other information required for permit applications under
Secs. 144.31(e) and 146.34 of this chapter.
Sec. 147.3004 Duration of rule authorization for existing Class I and III wells.
Notwithstanding Sec. 144.21(a)(3)(i)(B) of this chapter,
authorization by rule for existing Class I and III wells will expire 90
days after the effective date of this UIC program unless a complete
permit application has been submitted to the Director.
Sec. 147.3005 Radioactive waste injection wells.
Notwithstanding Secs. 144.24 and 146.51(b) of this chapter, owners
and operators of wells used to dispose of radioactive waste (as defined
in 10 CFR part 20, appendix B, table II, but not including high level
and transuranic waste and spent nuclear fuel covered by 40 CFR part 191)
shall comply with the permitting requirements pertaining to Class I
wells in parts 124, 144 and 146 of this chapter, as modified and
supplemented by this subpart.
Sec. 147.3006 Injection pressure for existing Class II wells authorized by rule.
(a) Rule-authorized Class II saltwater disposal wells. In addition
to the requirements of Sec. 144.28(f)(3)(ii) of this chapter, the owner
or operator shall, except during well stimulation, use an injection
pressure measured at the wellhead that is not greater than the pressure
calculated by using the following formula: Pm=0.2d
where:
Pm=injection pressure at the wellhead in pounds per square inch
d=depth in feet to the top of the injection zone.
Owners and operators shall comply with this requirement no later than
one year after the effective date of this program.
(b) Rule-authorized Class II enhanced recovery and hydrocarbon
storage wells. (1) In addition to the requirements of
Sec. 144.28(f)(3)(ii) of this chapter, owners and operators shall use an
injection pressure no greater than the pressure established by the
Director for the field or formation in which the well is located. The
Director shall establish such maximum pressure after notice (including
notice to the affected Tribe), opportunity for comment, and opportunity
for public hearing according to the provisions of part 124, subpart A,
of this chapter, and shall inform owners and operators and the affected
Tribe in writing of the applicable maximum pressure; or
(2) An owner or operator may inject at a pressure greater than that
specified in paragraph (b)(1) of this section for the field or formation
in which he is operating after demonstrating in writing to the
satisfaction of the Director that such injection pressure will not
violate the requirements of Sec. 144.28(f)(3)(ii) of this chapter. The
Director may grant such a request after notice (including notice to the
affected Tribe), opportunity for comment and opportunity for a public
hearing according to the provisions of part 124, subpart A of this
chapter.
[[Page 658]]
(3) Prior to the time that the Director establishes rules for
maximum injection pressure under paragraph (b)(1) of this section the
owner or operator shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii); and
(ii) Submit data acceptable to the Director which defines the
fracture pressure of the formation in which injection is taking place. A
single submission may be made on behalf of two or more operators
conducting operations in the same field and formation, if the Director
approves. The data shall be submitted to the Director within one year of
the effective date of this program.
Sec. 147.3007 Application for a permit.
(a) Notwithstanding the requirements of Sec. 144.31(c)(1) of this
chapter, the owner or operator of an existing Class I or III well shall
submit a complete permit application no later than 90 days after the
effective date of the program.
(b) The topographic map (or other map if a topographic map is
unavailable) required by Sec. 144.31(e)(7) of this chapter, shall extend
two miles from Class II wells, and 2\1/2\ miles from Class I and III
wells. These maps will show all the information listed in paragraph
144.31(e)(7) within \1/2\ mile for Class II wells and 2\1/2\ miles for
Class I and III wells.