[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR144.13]

[Page 627-628]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 144--UNDERGROUND INJECTION CONTROL PROGRAM--Table of Contents
 
                 Subpart B--General Program Requirements
 
Sec. 144.13  Prohibition of Class IV wells.

    (a) The following are prohibited, except as provided in paragraph 
(c) of this section:
    (1) The construction of any Class IV well.
    (2) The operation or maintenance of any Class IV well not in 
operation prior to July 18, 1980.
    (3) The operation or maintenance of any Class IV well that was in 
operation prior to July 18, 1980, after six months following the 
effective date of a UIC program approved or promulgated for the state.
    (4) Any increase in the amount of hazardous waste or change in the 
type

[[Page 628]]

of hazardous waste injected into a Class IV well.
    (b) The owner or operator of a Class IV well shall comply with the 
requirements of Sec. 144.14, and with the requirements of Sec. 144.23 
regarding closure of Class IV wells.
    (c) Wells used to inject contaminated ground water that has been 
treated and is being reinjected into the same formation from which it 
was drawn are not prohibited by this section if such injection is 
approved by EPA, or a State, pursuant to provisions for cleanup of 
releases under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601-9657, or pursuant to 
requirements and provisions under the Resource Conservation and Recovery 
Act (RCRA), 42 U.S.C. 6901 through 6987.
    (d) Clarification. The following wells are not prohibited by this 
action:
    (1) Wells used to inject hazardous waste into aquifers or portions 
thereof that have been exempted pursuant to Sec. 146.4, if the exempted 
aquifer into which waste is injected underlies the lowermost formation 
containing a USDW. Such wells are Class I wells as specified in 
Sec. 144.6(a)(1), and the owner or operator must comply with the 
requirements applicable to Class I wells.
    (2) Wells used to inject hazardous waste where no USDW exists within 
one quarter mile of the well bore in any underground formation, provided 
that the Director determines that such injection is into a formation 
sufficiently isolated to ensure that injected fluids do not migrate from 
the injection zone. Such wells are Class I wells as specified in 
Sec. 144.6(a)(1), and the owner or operator must comply with the 
requirements applicable to Class I wells.

[49 FR 20181, May 11, 1984, as amended at 67 FR 39593, June 7, 2002]