[Title 40 CFR 148]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Part 148 - HAZARDOUS WASTE INJECTION RESTRICTIONS]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
10
1996-07-01
1996-07-01
false
HAZARDOUS WASTE INJECTION RESTRICTIONS
148
PART 148
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS--Table of Contents
Subpart A--General
Sec.
148.1 Purpose, scope and applicability.
148.2 Definitions.
148.3 Dilution prohibited as a substitute for treatment.
148.4 Procedures for case-by-case extensions to an effective date.
148.5 Waste analysis.
Subpart B--Prohibitions on Injection
148.10 Waste specific prohibitions--solvent wastes.
148.11 Waste specific prohibitions--dioxin-containing wastes.
148.12 Waste specific prohibitions--California list wastes.
148.14 Waste specific prohibitions--first third wastes.
148.15 Waste specific prohibitions--second third wastes.
148.16 Waste specific prohibitions--third third wastes.
148.17 Waste specific prohibitions; newly listed wastes.
148.18 Waste specific prohibitions-newly identified wastes.
Subpart C--Petition Standards and Procedures
148.20 Petitions to allow injection of a waste prohibited under subpart
B.
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148.21 Information to be submitted in support of petitions.
148.22 Requirements for petition submission, review and approval or
denial.
148.23 Review of exemptions granted pursuant to a petition.
148.24 Termination of approved petition.
Authority: Secs. 3004, Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq.
Source: 53 FR 28154, July 26, 1988, unless otherwise noted.
Subpart A--General
Sec. 148.1 Purpose, scope and applicability.
(a) This part identifies hazardous wastes that are restricted from
disposal into Class I hazarous waste injection wells and defines those
circumstances under which a waste, otherwise prohibited from injection,
may be injected.
(b) The requirements of this part apply to owners or operators of
Class I hazardous waste injection wells used to inject hazardous waste.
(c) Wastes otherwise prohibited from injection may continue to be
injected:
(1) If an extension from the effective date of a prohibition has
been granted pursuant to Sec. 148.4 with respect to such wastes; or
(2) If an exemption from a prohibition has been granted in response
to a petition filed under Sec. 148.20 to allow injection of restricted
wastes with respect to those wastes and wells covered by the exemption;
or
(3) If the waste is generated by a conditionally exempt small
quantity generator, as defined in Sec. 261.5; or
(d) Wastes that are hazardous only because they exhibit a hazardous
characteristic, and which are otherwise prohibited under this part, or
part 268 of this chapter, are not prohibited if the wastes:
(1) Are disposed into a nonhazardous or hazardous injection well as
defined under 40 CFR Sec. 146.6(a); and
(2) Do not exhibit any prohibited characteristic of hazardous waste
identified in 40 CFR part 261, subpart C at the point of injection.
[53 FR 28154, July 26, 1988, as amended at 55 FR 22683, June 1, 1990; 57
FR 8088, Mar. 6, 1992; 57 FR 31763, July 20, 1992; 60 FR 33932, June 29,
1995; 61 FR 15596, Apr. 8, 1996; 61 FR 33682, June 28, 1996]
Effective Date Note: At 61 FR 15596, Apr. 8, 1996, Sec. 148.1 was
amended by revising paragraph (a), effective Apr. 8, 1998. For the
convenience of the user, the revised text is set forth as follow:
Sec. 148.1 Purpose, scope and applicability.
(a) This part identifies wastes that are restricted from disposal
into Class I wells and defines those circumstances under which a waste,
otherwise prohibited from injection, may be injected.
* * * * *
Sec. 148.2 Definitions.
Injection interval means that part of the injection zone in which
the well is screened, or in which the waste is otherwise directly
emplaced.
Transmissive fault or fracture is a fault or fracture that has
sufficient permeability and vertical extent to allow fluids to move
between formations.
Sec. 148.3 Dilution prohibited as a substitute for treatment.
The prohibition of Sec. 268.3 shall apply to owners or operators of
Class I hazardous waste injection wells.
Sec. 148.4 Procedures for case-by-case extensions to an effective date.
The owner or operator of a Class I hazardous waste injection well
may submit an application to the Administrator for an extension of the
effective date of any applicable prohibition established under subpart B
of this part according to the procedures of Sec. 268.5.
Sec. 148.5 Waste analysis.
Generators of hazardous wastes that are disposed of into Class I
injection wells must comply with the applicable requirements of
Sec. 268.7 (a) and (b). Owners or operators of Class I hazardous waste
injection wells must comply with the applicable requirements of
Sec. 268.7(c).
Subpart B--Prohibitions on Injection
Sec. 148.10 Waste specific prohibitions--solvent wastes.
(a) Effective August 8, 1988, the spent solvent wastes specified in
Sec. 261.31 as EPA Hazardous Waste Nos. F001, F002,
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F003, F004, and F005 are prohibited from underground injection unless
the solvent waste is a solvent-water mixture or solvent-containing
sludge containing less than 1 percent total F001-F005 solvent
constituents listed in Table A of this section.
(b) Effective August 8, 1990, all spent F001-F005 solvent wastes
containing less than 1 percent total F001-F005 solvent constituents
listed in Table A of this section are prohibited from injection.
(c) Effective August 8, 1990, all spent F002 and F005 wastes
containing solvent constituents listed in Table B of this section are
prohibited from underground injection at off-site injection facilities.
(d) Effective November 8, 1990, the wastes specified in paragraph
(c) of this section are prohibited from underground injection at on-site
injection facilities.
(e) The requirements of paragraphs (a) and (b) of this section do
not apply:
(1) If the wastes meet or are treated to meet the applicable
standards specified in subpart D of part 268; or
(2) If an exemption from a prohibition has been granted in response
to a petition under subpart C of this part; or
(3) During the period of extension of the applicable effective date,
if an extension has been granted under Sec. 148.4 of this part.
Table A
Acetone
n-Butyl alcohol
Carbon disulfide
Carbon tetrachloride
Chlorobenzene
Cresols and cresylic acid
Cyclohexanone
1,2-dichlorobenzene
Ethyl acetate
Ethyl benzene
Ethyl ether
Isobutanol
Methanol
Methylene chloride
Methylene chloride (from the pharmaceutical industry)
Methyl ethyl ketone
Methyl isobutyl ketone
Nitrobenzene
Pyridine
Tetrachloroethylene
Toulene
1,1,1-Trichloroethane
1,2,2-Trichloro-1,2,2-trifluoroethane
Trichloroethylene
Trichlorofluoromethane
Xylene
Table B
Benzene
2-Ethoxyethanol
2-Nitropropane
1,1,2-Trichloroethane
[53 FR 28154, July 26, 1988, as amended at 54 FR 25422, June 14, 1989;
56 FR 3876, Jan. 31, 1991; 57 FR 8088, Mar. 6, 1992]
Sec. 148.11 Waste specific prohibitions--dioxin-containing wastes.
(a) Effective August 8, 1988, the dioxin-containing wastes specified
in Sec. 261.31 as EPA Hazardous Waste Nos. F020, F021, F022, F023, F026,
F027, and F028, and prohibited from underground injection.
(b) The requirements of paragraph (a) of this section do not apply:
(1) If the wastes meet or are treated to meet the applicable
standards specified in subpart D of part 268; or
(2) If an exemption from a prohibition has been granted in response
to a petition under subpart C of this part; or
(3) During the period of extension of the applicable effective date,
if an extension has been granted under Sec. 148.4 of this part.
[53 FR 28154, July 26, 1988, as amended at 54 FR 25422, June 14, 1989]
Sec. 148.12 Waste specific prohibitions--California list wastes.
(a) Effective August 8, 1988, the hazardous wastes listed in 40 CFR
268.32 containing polychlorinated biphenyls at concentrations greater
than or equal to 50 ppm or halogenated organic compounds at
concentrations greater than or equal to 10,000 mg/kg are prohibited from
underground injection.
(b) Effective August 8, 1990, the following hazardous wastes are
prohibited from underground injection:
(1) Liquid hazardous wastes, including free liquids associated with
any solid or sludge, containing free cyanides at concentrations greater
than or equal to 1,000 mg/l;
(2) Liquid hazardous wastes, including free liquids associated with
any solid or sludge, containing the following metals (or elements) or
compounds
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of these metals (or elements) at concentrations greater than or equal to
those specified below:
(i) Arsenic and/or compounds (as As) 500 mg/l;
(ii) Cadmium and/or compounds (as Cd) 100 mg/l;
(iii) Chromium (VI) and/or compounds (as Cr VI) 500 mg/l;
(iv) Lead and/or compounds (as Pb) 500 mg/l;
(v) Mercury and/or compounds (as Hg) 20 mg/l;
(vi) Nickel and/or compounds (as Ni) 134 mg/l;
(vii) Selenium and/or compounds (as Se) 100 mg/l; and
(viii) Thallium and/or compounds (as Tl) 130 mg/l;
(3) Liquid hazardous waste having a pH less than or equal to two
(2.0); and
(4) Hazardous wastes containing halogenated organic compounds in
total concentration less than 10,000 mg/kg but greater than or equal to
1,000 mg/kg.
(c) The requirements of paragraphs (a) and (b) of this section do
not apply:
(1) If the wastes meet or are treated to meet the applicable
standards specified in subpart D of part 268; or
(2) If an exemption from a prohibition has been granted in response
to a petition under subpart C of this part; or
(3) During the period of extension of the applicable effective date,
if an extension is granted under Sec. 148.4 of this part.
[53 FR 30918, Aug. 16, 1988, as amended at 53 FR 41602, Oct. 24, 1988]
Sec. 148.14 Waste specific prohibitions--first third wastes.
(a) Effective June 7, 1989, the wastes specified in 40 CFR 261.31 as
EPA Hazardous Waste numbers F006 (nonwastewaters) and the wastes
specified in 40 CFR 261.32 as EPA Hazardous Waste numbers K001, K015
(wastewaters), K016 (at concentrations greater than or equal to 1%),
K018, K019, K020, K021 (nonwastewaters generated by the process
described in the waste listing description and disposed after August 17,
1988, and not generated in the course of treating wastewater forms of
these wastes), K022 (nonwastewaters), K024, K030, K036 (nonwastewaters
generated by the process described in the waste listing description and
disposed after August 17, 1988, and not generated in the course of
treating wastewater forms of these wastes), K037, K044, K045,
nonexplosive K046 (nonwastewaters), K047, K048, K060 (nonwastewaters
generated by the process described in the waste listing description and
disposed after August 17, 1988, and not generated in the course of
treating wastewater forms of these wastes), K061 (nonwastewaters),
noncalcium sulfate K069 (nonwastewaters generated by the process
described in the waste listing description and disposed after August 17,
1988, and not generated in the course of treating wastewater forms of
these wastes), K086 solvent washes, K087, K099, K101 (all wastewaters
and less than 1% total arsenic nonwastewaters), K102 (all wastewaters
and less than 1% total arsenic nonwastewaters), and K103 are prohibited
from underground injection.
(b) Effective June 8, 1989, the waste specified in 40 CFR 261.32 as
EPA Hazardous Waste number K036 (wastewaters); and the wastes specified
in 40 CFR 261.33 as P030, P039, P041, P063, P071, P089, P094, P097,
U221, and U223 are prohibited from underground injection.
(c) Effective July 8, 1989, the wastes specified in 40 CFR 261.31 as
EPA Hazardous Waste numbers F008 and F009 are prohibited from
underground injection.
(d) Effective August 8, 1990, the wastes specified in 40 CFR 261.31
as EPA Hazardous Waste Number F006 (wastewaters) and F019; the wastes
specified in 40 CFR 261.32 as EPA Hazardous Waste Numbers K004, K008,
K015 (nonwastewaters), K017, K021 (wastewaters), K022 (wastewaters),
K031, K035, K046 (reactive nonwastewaters and all wastewaters), K060
(wastewaters), K061 (wastewaters), K069 (calcium sulfate nonwastewaters
and all wastewaters), K073, K083, K084, K085, K086 (all but solvent
washes), K101 (high arsenic nonwastewaters), K102 (high arsenic
nonwastewaters), and K106; and the wastes specified in 40 CFR part
261.33 as EPA Hazardous Waste Numbers P001, P004, P005, P010, P011,
P012, P015, P016, P018, P020, P036, P037, P048, P050, P058, P059, P068,
P069,
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P070, P081, P082, P084, P087, P092, P102, P105, P108, P110, P115, P120,
P122, P123, U007, U009, U010, U012, U016, U018, U019, U022, U029, U031,
U036, U037, U041, U043, U044, U046, U050, U051, U053, U061, U063, U064,
U066, U067, U074, U077, U078, U086, U089, U103, U105, U108, U115, U122,
U124, U129, U130, U133, U134, U137, U151, U154, U155, U157, U158, U159,
U171, U177, U180, U185, U188, U192, U200, U209, U210, U211, U219, U220,
U226, U227, U228, U237, U238, U248, and U249 are prohibited from
underground injection at off-site injection facilities.
(e) Effective August 8, 1990, the wastes specified in 40 CFR 261.32
as EPA Hazardous Waste numbers K049, K050, K051, K052, K062, K071, and
K104 are prohibited from underground injection.
(f) Effective November 8, 1990, the wastes specified in paragraph
(d) of this section are prohibited from underground injection at on-site
injection facilities.
(g) Effective June 7, 1991, the wastes specified in 40 CFR 261.32 as
EPA Hazardous Waste numbers K016 (at concentrations less than 1%) are
prohibited from underground injection.
(h) Effective June 8, 1991, the waste specified in 40 CFR 261.31 as
EPA Hazardous Waste number F007; and the wastes specified in 40 CFR
261.32 as K011 (nonwastewaters) and K013 (nonwastewaters) are prohibited
from underground injection.
(i) Effective May 8, 1992, the wastes specified in 40 CFR 261.32 and
261.33 as EPA Hazardous Waste Numbers K011 (wastewaters), K013
(wastewaters), and K014 are prohibited from underground injection.
(j) The requirements of paragraphs (a) through (i) of this section
do not apply:
(1) If the wastes meet or are treated to meet the applicable
standards specified in subpart D of part 268; or
(2) If an exemption from a prohibition has been granted in response
to a petition under subpart C of this part; or
(3) During the period of extension of the applicable effective date,
if an extension has been granted under Sec. 148.4 of this part.
[54 FR 25423, June 14, 1989, as amended at 54 FR 26647, June 23, 1989;
54 FR 35328, Aug. 25, 1989; 55 FR 22683, June 1, 1990]
Sec. 148.15 Waste specific prohibitions--Second third wastes.
(a) Effective June 7, 1989, the wastes specified in 40 CFR 261.32 as
EPA Hazardous Waste numbers K025 (nonwastewaters generated by the
process described in the waste listing description and disposed after
August 17, 1988, and not generated in the course of treating wastewater
forms of these wastes) are prohibited from underground injection.
(b) Effective June 8, 1989, the wastes specified in 40 CFR 261.31 as
EPA Hazardous Waste numbers F010, F024; the wastes specified in 40 CFR
261.32 as K009 (nonwastewaters), K010, K027, K028, K029
(nonwastewaters), K038, K039, K040, K043, K095 (nonwastewaters), K096
(nonwastewaters), K113, K114, K115, K116; and wastes specified in 40 CFR
261.33 as P029, P040, P043, P044, P062, P074, P085, P098, P104, P106,
P111, U028, U058, U107, and U235 are prohibited from underground
injection.
(c) Effective July 8, 1989, and continuing until December 8, 1989,
the wastes specified in 40 CFR 261.31 as EPA Hazardous Waste numbers
F011 and F012 are prohibited from underground injection pursuant to the
treatment standards specified in Secs. 268.41 and 268.43 applicable to
F007, F008, and F009 wastewaters and nonwastewaters. Effective December
8, 1989, F011 (nonwastewaters) and F012 (nonwastewaters) are prohibited
pursuant to the treatment standards specified in Secs. 268.41 and 268.43
applicable to F011 and F012 wastewaters and nonwastewaters.
(d) Effective August 8, 1990, the wastes specified in 40 CFR 261.32
as EPA Hazardous Waste Number K025 (wastewaters), K029 (wastewaters),
K041, K042, K095 (wastewaters), K096 (wastewaters), K097, K098, and
K105; and the wastes specified in 40 CFR part 261.33 as P002, P003,
P007, P008, P014, P026, P027, P049, P054, P057, P060, P066, P067, P072,
P107, P112, P113, P114, U002, U003, U005, U008, U011, U014, U015, U020,
[[Page 673]]
U021, U023, U025, U026, U032, U035, U047, U049, U057, U059, U060, U062,
U070, U073, U080, U083, U092, U093, U094, U095, U097, U098, U099, U101,
U106, U109, U110, U111, U114, U116, U119, U127, U128, U131, U135, U138,
U140, U142, U143, U144, U146, U147, U149, U150, U161, U162, U163, U164,
U165, U168, U169, U170, U172, U173, U174, U176, U178, U179, U189, U193,
U196, U203, U205, U206, U208, U213, U214, U215, U216, U217, U218, U239,
and U244 are prohibited from underground injection at off-site injection
facilities.
(e) Effective June 8, 1991, the waste specified in 40 CFR 261.32 as
EPA Hazardous Waste number K009 (wastewaters) is prohibited from
underground injection.
(f) Effective November 8, 1990, the wastes specified in paragraph
(d) of this section are prohibited from underground injection at on-site
injection facilities.
(g) The requirements of paragraphs (a) through (f) of this section
do not apply:
(1) If the wastes meet or are treated to meet the applicable
standards specified in subpart D of part 268; or
(2) If an exemption from a prohibition has been granted in response
to a petition under subpart C of this part; or
(3) During the period of extension of the applicable effective date,
if an extension has been granted under Sec. 148.4 of this part.
[54 FR 25423, June 14, 1989, as amended at 54 FR 26647, June 23, 1989;
55 FR 22683, June 1, 1990]
Sec. 148.16 Waste specific prohibitions--third third wastes.
(a) Effective June 7, 1989, the wastes specified in 40 CFR 261.32 as
EPA Hazardous Waste numbers K100 (nonwastewaters generated by the
process described in the waste listing description and disposed after
August 17, 1988, and not generated in the course of treating wastewater
forms of these wastes) are prohibited from underground injection.
(b) Effective June 8, 1989, the wastes specified in 40 CFR 261.32 as
EPA Hazardous Waste numbers K005 (nonwastewaters), K007
(nonwastewaters), K023, K093, K094; and the wastes specified in 40 CFR
261.33 as P013, P021, P099, P109, P121, U069, U087, U088, U102, and U190
are prohibited from underground injection.
(c) Effective August 8, 1990, the wastes identified in 40 CFR 261.31
as EPA Hazardous Waste Number F039 (nonwastewaters); the wastes
specified in 40 CFR 261.32 as EPA Hazardous Waste Numbers K002, K003,
K005 (wastewaters), K006, K007 (wastewaters), K026, K032, K033, K034,
and K100 (wastewaters); the wastes specified in 40 CFR 261.33 as P006,
P009, P017, P022, P023, P024, P028, P031, P033, P034, P038, P042, P045,
P046, P047, P051, P056, P064, P065, P073, P075, P076, P077, P078, P088,
P093, P095, P096, P101, P103, P116, P118, P119, U001, U004, U006, U017,
U024, U027, U030, U033, U034, U038, U039, U042, U045, U048, U052, U055,
U056, U068, U071, U072, U075, U076, U079, U081, U082, U084, U085, U090,
U091, U096, U112, U113, U117, U118, U120, U121, U123, U125, U126, U132,
U136, U141, U145, U148, U152, U153, U156, U160, U166, U167, U181, U182,
U183, U184, U186, U187, U191, U194, U197, U201, U202, U204, U207, U222,
U225, U234, U236, U240, U243, U246, and U247; and the wastes identified
in 40 CFR 261.21, 261.23 or 261.24 as hazardous based on a
characteristic alone, designated as D001, D004, D005, D006, D008, D009
(wastewaters), D010, D011, D012, D013, D014, D015, D016, D017, and newly
listed waste F025 are prohibited from underground injection at off-site
injection facilities.
(d) Effective August 8, 1990, mixed radioactive/hazardous waste in
40 CFR 268.10, 268.11, and 268.12, that are mixed radioactive and
hazardous wastes, are prohibited from underground injection.
(e) Effective November 8, 1990, the wastes specified in paragraph
(c) of this section are prohibited from underground injection at on-site
injection facilities. These effective dates do not apply to the wastes
listed in 40 CFR 148.12(b) which are prohibited from underground
injection on August 8, 1990.
(f) Effective May 8, 1992, the waste identified in 40 CFR 261.31 as
EPA Hazardous Waste Number F039 (wastewaters); the wastes identified in
40 CFR 261.22, 261.23 or 261.24 as hazardous based on a characteristic
alone, designated as D002 (wastewaters and nonwastewaters), D003
(wastewaters and nonwastewaters), D007 (wastewaters
[[Page 674]]
and nonwastewaters), and D009 (nonwastewaters) are prohibited from
underground injection. These effective dates do not apply to the wastes
listed in 40 CFR 148.12(b) which are prohibited from underground
injection on August 8, 1990.
(g) The requirements of paragraphs (a) through (f) of this section
do not apply:
(1) If the wastes meet or are treated to meet the applicable
standards specified in subpart D of part 268; or
(2) If an exemption from a prohibition has been granted in response
to a petition under subpart C of this part; or
(3) During the period of extension of the applicable effective date,
if an extension has been granted under Sec. 148.4 of this part.
[54 FR 25423, June 14, 1989, as amended at 54 FR 26647, June 23, 1989;
55 FR 22683, June 1, 1990; 55 FR 33694, Aug. 17, 1990; 56 FR 3876, Jan.
31, 1991]
Sec. 148.17 Waste specific prohibitions; newly listed wastes.
(a) Effective November 9, 1992, the wastes specified in 40 CFR part
261 as EPA hazardous waste numbers F037, F038, K107, K108, K109, K110,
K111, K112, K117, K118, K123, K124, K125, K126, K131, K136, U328, U353,
and U359 are prohibited from underground injection.
(b) Effective December 19, 1994 the wastes specified in 40 CFR
261.32 as EPA Hazardous waste numbers K141, K142, K143, K144, K145,
K147, K148, K149, K150, and K151, are prohibited from underground
injection.
(c) [Reserved]
(d) Effective June 30, 1995, the wastes specified in 40 CFR part 261
as EPA Hazardous waste numbers K117, K118, K131, and K132 are prohibited
from underground injection.
(e) The requirements of paragraphs (a) and (b) of this section do
not apply:
(1) If the wastes meet or are treated to meet the applicable
standards specified in subpart D of part 268; or
(2) If an exemption from a prohibition has been granted in response
to a petition under subpart C of this part; or
(3) During the period of extension of the applicable effective date,
if an extension has been granted under Sec. 148.4 of this part.
[57 FR 37263, Aug. 18, 1992, as amended at 59 FR 48041, Sept. 19, 1994;
61 FR 15662, Apr. 8, 1996]
Sec. 148.18 Waste specific prohibitions--newly identified wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA
Hazardous waste numbers K156-K161, P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379,
U381-387, U389-U396, U400-U404, U407, and U409-U411 are prohibited from
underground injection.
(b) On January 8, 1997, the wastes specified in 40 CFR 261.32 as EPA
Hazardous waste number K088 is prohibited from underground injection.
(c) On April 8, 1998, the wastes specified in 40 CFR part 261 as EPA
Hazardous waste numbers D018-043, and Mixed TC/Radioactive wastes, are
prohibited from underground injection.
[61 FR 15662, Apr. 8, 1996]
Subpart C--Petition Standards and Procedures
Sec. 148.20 Petitions to allow injection of a waste prohibited under subpart B.
(a) Any person seeking an exemption from a prohibition under subpart
B of this part for the injection of a restricted hazardous waste into an
injection well or wells shall submit a petition to the Director
demonstrating that, to a reasonable degree of certainty, there will be
no migration of hazardous constituents from the injection zone for as
long as the waste remains hazardous. This demonstration requires a
showing that:
(1) The hydrogeological and geochemical conditions at the sites and
the physiochemical nature of the waste stream(s) are such that reliable
predictions can be made that:
(i) Fluid movement conditions are such that the injected fluids will
not migrate within 10,000 years:
(A) Vertically upward out of the injection zone; or
(B) Laterally within the injection zone to a point of discharge or
interface with an Underground Source of
[[Page 675]]
Drinking Water (USDW) as defined in 40 CFR part 146; or
(ii) Before the injected fluids migrate out of the injection zone or
to a point of discharge or interface with USDW, the fluid will no longer
be hazardous because of attenuation, transformation, or immobilization
of hazardous constituents within the injection zone by hydrolysis,
chemical interactions or other means; and
(2) For each well the petition has:
(i) Demonstrated that the injection well's area of review complies
with the substantive requirements of Sec. 146.63;
(ii) Located, identified, and ascertained the condition of all wells
within the injection well's area of review (as specified in Sec. 146.63)
that penetrate the injection zone or the confining zone by use of a
protocol acceptable to the Director that meets the substantive
requirements of Sec. 146.64;
(iii) Submitted a corrective action plan that meets the substantive
requirements of Sec. 146.64, the implementation of which shall become a
condition of petition approval; and
(iv) Submitted the results of pressure and radioactive tracer tests
performed within one year prior to submission of the petition
demonstrating the mechanical integrity of the well's long string casing,
injection tube, annular seal, and bottom hole cement. In cases where the
petition has not been approved or denied within one year after the
initial demonstration of mechanical integrity, the Director may require
the owner or operator to perform the tests again and submit the results
of the new tests.
Note: The requirements of Sec. 148.20(a)(2) need not be incorporated
in a permit at the time of petition approval.
(b) A demonstration under Sec. 148.20(a)(1)(i) shall identify the
strata within the injection zone which will confine fluid movement above
the injection interval and include a showing that this strata is free of
known transmissive faults of fractures and that there is a confining
zone above the injection zone.
(c) A demonstration under Sec. 148.20(a)(1)(ii) shall identify the
strata within the injection zone where waste transformation will be
accomplished and include a showing that this strata is free of known
transmissive faults or fractures and that there is a confining zone
above the injection zone.
(d) A demonstration may include a showing that:
(1) Treatment methods, the implementation of which shall become a
condition of petition approval, will be utilized that reduce the
toxicity or mobility of the wastes; or
(2) A monitoring plan, the implementation of which shall become a
condition of petition approval, will be utilized to enhance confidence
in one or more aspects of the demonstration.
(e) Any person who has been granted an exemption pursuant to this
section may submit a petition for reissuance of the exemption to include
an additional restricted waste or wastes or to modify any conditions
placed on the exemption by the Director. The Director shall reissue the
petition if the petitioner complies with the requirements of paragraphs
(a), (b) and (c) of this section.
(f) Any person who has been granted an exemption pursuant to this
section may submit a petition to modify an exemption to include an
additional (hazardous) waste or wastes. The Director may grant the
modification if he determines, to a reasonable degree of certainty, that
the additional waste or wastes will behave hydraulically and chemically
in a manner similar to previously included wastes and that it will not
interfere with the containment capability of the injection zone.
Sec. 148.21 Information to be submitted in support of petitions.
(a) Information submitted in support of Sec. 148.20 must meet the
following criteria:
(1) All waste analysis and any new testing performed by the
petitioner shall be accurate and reproducible and performed in
accordance with quality assurance standards;
(2) Estimation techniques shall be appropriate, and EPA-certified
test protocols shall be used where available and appropriate;
(3) Predictive models shall have been verified and validated, shall
be appropriate for the specific site, waste streams, and injection
conditions of the operation, and shall be calibrated
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for existing sites where sufficient data are available;
(4) An approved quality assurance and quality control plan shall
address all aspects of the demonstration;
(5) Reasonably conservative values shall be used whenever values
taken from the literature or estimated on the basis of known information
are used instead of site-specific measurements; and
(6) An analysis shall be performed to identify and assess aspects of
the demonstration that contribute significantly to uncertainty. The
petitioner shall conduct a sensitivity analysis to determine the effect
that significant uncertainty may contribute to the demonstration. The
demonstration shall then be based on conservative assumptions identified
in the analysis.
(b) Any petitioner under Sec. 148.20(a)(1)(i) shall provide
sufficient site-specific information to support the demonstration, such
as:
(1) Thickness, porosity, permeability and extent of the various
strata in the injection zone;
(2) Thickness, porosity, permeability, extent, and continuity of the
confining zone;
(3) Hydraulic gradient in the injection zone;
(4) Hydrostatic pressure in the injection zone; and
(5) Geochemical conditions of the site.
(c) In addition to the information in Sec. 148.21(b), any petitioner
under Sec. 148.20(a)(1)(ii) shall provide sufficient waste-specific
information to ensure reasonably reliant predictions about the waste
transformation. The petitioner shall provide the information necessary
to support the demonstration, such as:
(1) Description of the chemical processes or other means that will
lead to waste transformation; and
(2) Results of laboratory experiments verifying the waste
transformation.
Sec. 148.22 Requirements for petition submission, review and approval or denial.
(a) Any petition submitted to the Director pursuant to
Sec. 148.20(a) shall include the following components:
(1) An identification of the specific waste or wastes and the
specific injection well or wells for which the demonstration will be
made;
(2) A waste analysis to describe fully the chemical and physical
characteristics of the subject wastes;
(3) Such additional information as is required by the Director to
support the petition under Secs. 148.20 and 148.21; and
(4) This statement signed by the petitioner or an authorized
representative:
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this petition and all
attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
submitted 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.
(b) The Director shall provide public notice and an opportunity for
public comment in accordance with the procedures in Sec. 124.10 of the
intent to approve or deny a petition. The final decision on a petition
will be published in the Federal Register.
(c) If an exemption is granted it will apply only to the underground
injection of the specific restricted waste or wastes identified in the
petition into a Class I hazardous waste injection well or wells
specifically identified in the petition (unless the exemption is
modified or reissued pursuant to Sec. 148.20(e) or (f).
(d) Upon request by any petitioner who obtains an exemption for a
well under this subpart, the Director shall initiate and reasonably
expedite the necessary procedures to issue or reissue a permit or
permits for the hazardous waste well or wells covered by the exemption
for a term not to exceed ten years.
Sec. 148.23 Review of exemptions granted pursuant to a petition.
(a) When considering whether to reissue a permit for the operation
of a Class I hazardous waste injection well, the Director shall review
any petition filed pursuant to Sec. 148.20 and require a new
demonstration if information shows that the basis for granting the
exemption may no longer be valid.
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(b) Whenever the Director determines that the basis for approval of
a petition may no longer be valid, the Director shall require a new
demonstration in accordance with Sec. 148.20.
Sec. 148.24 Termination of approved petition.
(a) The Director may terminate an exemption granted under
Sec. 148.20 for the following causes:
(1) Noncompliance by the petitioner with any condition of the
exemption;
(2) The petitioner's failure in the petition or during the review
and approval to disclose fully all relevant facts, or the petitioner's
misrepresentation of any relevant facts at any time; or
(3) A determination that new information shows that the basis for
approval of the petition is no longer valid.
(b) The Director shall terminate an exemption granted under
Sec. 148.20 for the following causes:
(1) The petitioner's willful withholding during the review and
approval of the petition of facts directly and materially relevant to
the Director's decision on the petition;
(2) A determination that there has been migration from the injection
zone or the well that is not in accordance with the terms of the
exemption, except that the Director may at his discretion decide not to
terminate where:
(i) The migration resulted from a mechanical failure of the well
that can be corrected promptly through a repair to the injection well
itself or from an undetected well or conduit that can be plugged
promptly; and
(ii) The requirements of Sec. 146.67(i) are satisfied.
(c) The Director shall follow the procedures in Sec. 124.5 in
terminating any exemption under this section.