[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR123.28]

[Page 251-252]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 123--STATE PROGRAM REQUIREMENTS--Table of Contents
 
                  Subpart B--State Program Submissions
 
Sec. 123.28  Control of disposal of pollutants into wells.

    State law must provide authority to issue permits to control the 
disposal of pollutants into wells. Such authority shall enable the State 
to protect the public health and welfare and to prevent the pollution of 
ground and surface waters by prohibiting well discharges or by issuing 
permits for such discharges with appropriate permit terms and 
conditions. A program approved under section 1422 of SDWA satisfies the 
requirements of this section.

[[Page 252]]

    Note: States which are authorized to administer the NPDES permit 
program under section 402 of CWA are encouraged to rely on existing 
statutory authority, to the extent possible, in developing a State UIC 
program under section 1422 of SDWA. Section 402(b)(1)(D) of CWA requires 
that NPDES States have the authority ``to issue permits which * * * 
control the disposal of pollutants into wells.'' In many instances, 
therefore, NPDES States will have existing statutory authority to 
regulate well disposal which satisfies the requirements of the UIC 
program. Note, however, that CWA excludes certain types of well 
injections from the definition of ``pollutant.'' If the State's 
statutory authority contains a similar exclusion it may need to be 
modified to qualify for UIC program approval.