[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR144.1]

[Page 623-626]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 144_UNDERGROUND INJECTION CONTROL PROGRAM--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  144.1  Purpose and scope of part 144.


    (a) Contents of part 144. The regulations in this part set forth 
requirements for the Underground Injection Control (UIC) program 
promulgated under Part C of the Safe Drinking Water Act (SDWA) (Pub. L. 
93-523, as amended; 42 U.S.C. 300f et seq.) and, to the extent that they 
deal with hazardous waste, the Resource Conservation and Recovery Act 
(RCRA) (Pub. L. 94-580 as amended; 42 U.S.C. 6901 et seq.).
    (b) Applicability. (1) The regulations in this part establish 
minimum requirements for UIC programs. To the extent set forth in part 
145, each State must meet these requirements in order to obtain primary 
enforcement authority for the UIC program in that State.
    (2) In addition to serving as minimum requirements for UIC programs, 
the regulations in this part constitute a part of the UIC program for 
States listed in part 147 to be administered directly by EPA.
    (c) The information requirements located in the following sections 
have been cleared by the Office of Management and Budget: Sections 
144.11, 144.28(c)(d)(i), 144.31, 14.33, 144.51(j)(m) (n), 144.52(a), 
144.54, 144.55, 144.15, 144.23, 144.26, 144.27, 144.28(i)(k), 144.51(o), 
146.52. The OMB clearance number is 2040-0042.
    (d) Authority. (1) Section 1421 of SDWA requires the Administrator 
to promulgate regulations establishing minimum requirements for 
effective UIC programs.
    (2) Section 1422 of SDWA requires the Administrator to list in the 
Federal Register ``each State for which in his judgment a State 
underground injection control program may be necessary to assure that 
underground injection will not endanger drinking water sources'' and to 
establish by regulation a program for EPA administration of UIC programs 
in the absence of an approved State program in a listed State.
    (3) Section 1423 of SDWA provides procedures for EPA enforcement of 
UIC requirements.
    (4) Section 1431 authorizes the Administrator to take action to 
protect the health of persons when a contaminant which is present in or 
may enter a public water system or underground source of drinking water 
may present an imminent and substantial 
en[chyph]dan[chyph]ger[chyph]ment to the health of persons.
    (5) Section 1445 of SDWA authorizes the promulgation of regulations 
for such recordkeeping, reporting, and monitoring requirements ``as the 
Administrator may reasonably require

[[Page 624]]

* * * to assist him in establishing regulations under this title,'' and 
a ``right of entry and inspection to determine compliance with this 
title, including for this purpose, inspection, at reasonable time, or 
records, files, papers, processes, controls, and facilities * * *.''
    (6) Section 1450 of SDWA authorizes the Administrator ``to prescribe 
such regulations as are necessary or appropriate to carry out his 
functions'' under SDWA.
    (e) Overview of the UIC program. An UIC program is necessary in any 
State listed by EPA under section 1422 of the SDWA. Because all States 
have been listed, the SDWA requires all States to submit an UIC program 
within 270 days after July 24, 1980, the effective date of 40 CFR part 
146, which was the final element of the UIC minimum requirements to be 
originally promulgated, unless the Administrator grants an extension, 
which can be for a period not to exceed an additional 270 days. If a 
State fails to submit an approvable program, EPA will establish a 
program for that State. Once a program is established, SDWA provides 
that all underground injections in listed States are unlawful and 
subject to penalties unless authorized by a permit or a rule. This part 
sets forth the requirements governing all UIC programs, authorizations 
by permit or rule and prohibits certain types of injection. The 
technical regulations governing these authorizations appear in 40 CFR 
part 146.
    (f) Structure of the UIC program--(1) Part 144. This part sets forth 
the permitting and other program requirements that must be met by UIC 
Programs, whether run by a State or by EPA. It is divided into the 
following subparts:
    (i) Subpart A describes general elements of the program, including 
definitions and classifications.
    (ii) Subpart B sets forth the general program requirements, 
including the performance standards applicable to all injection 
activities, basic elements that all UIC programs must contain, and 
provisions for waiving permit of rule requirements under certain 
circumstances.
    (iii) Subpart C sets forth requirements for wells authorized by 
rule.
    (iv) Subpart D sets forth permitting procedures.
    (v) Subpart E sets forth specific conditions, or types of 
conditions, that must at a minimum be included in all permits.
    (vi) Subpart F sets forth the financial responsibility requirements 
for owners and operators of all existing and new Class I hazardous waste 
injection wells.
    (vii) Subpart G of this part sets forth requirements for owners and 
operators of Class V injection wells.
    (2) Part 145. While part 144 sets forth minimum requirements for all 
UIC Programs, these requirements are specifically identified as elements 
of a State application for primacy to administer an UIC Program in part 
145. Part 145 also sets forth the necessary elements of a State 
submission and the procedural requirements for approval of State 
programs.
    (3) Part 124. The public participation requirements that must be met 
by UIC Programs, whether administered by the State or by EPA, are set 
forth in part 124. EPA must comply with all part 124 requirements; State 
administered programs must comply with part 124 as required by part 145. 
These requirements carry out the purposes of the public participation 
requirement of 40 CFR part 25 (Public Participation), and supersede the 
requirements of that part as they apply to the UIC Program.
    (4) Part 146. This part sets forth the technical criteria and 
standards that must be met in permits and authorizations by rule as 
required by part 144.
    (g) Scope of the permit or rule requirement. The UIC Permit Program 
regulates underground injections by five classes of wells (see 
definition of ``well injection,'' Sec.  144.3). The five classes of 
wells are set forth in Sec.  144.6. All owners or operators of these 
injection wells must be authorized either by permit or rule by the 
Director. In carrying out the mandate of the SDWA, this subpart provides 
that no injection shall be authorized by permit or rule if it results in 
the movement of fluid containing any contaminant into Underground 
Sources of Drinking Water (USDWs--see Sec.  144.3 for definition), if 
the presence of that contaminant may cause a violation of any primary 
drinking water regulation under 40 CFR part 141

[[Page 625]]

or may adversely affect the health of persons (Sec.  144.12). Existing 
Class IV wells which inject hazardous waste directly into an underground 
source of drinking water are to be eliminated over a period of six 
months and new such Class IV wells are to be prohibited (Sec.  144.13). 
For Class V wells, if remedial action appears necessary, a permit may be 
required (Sec.  144.25) or the Director must require remedial action or 
closure by order (Sec.  144.12(c)). During UIC Program development, the 
Director may identify aquifers and portions of aquifers which are actual 
or potential sources of drinking water. This will provide an aid to the 
Director in carrying out his or her duty to protect all USDWs. An 
aquifer is a USDW if it fits the definition, even if it has not been 
``identified.'' The Director may also designate ``exempted aquifers'' 
using the criteria in 40 CFR 146.4. Such aquifers are those which would 
otherwise qualify as ``underground sources of drinking water'' to be 
protected, but which have no real potential to be used as drinking water 
sources. Therefore, they are not USDWs. No aquifer is an ``exempted 
aquifer'' until it has been affirmatively designated under the 
procedures in Sec.  144.7. Aquifers which do not fit the definition of 
``underground source of drinking water'' are not ``exempted aquifers.'' 
They are simply not subject to the special protection afforded USDWs.
    (1) Specific inclusions. The following wells are included among 
those types of injection activities which are covered by the UIC 
regulations. (This list is not intended to be exclusive but is for 
clarification only.)
    (i) Any injection well located on a drilling platform inside the 
State's territorial waters.
    (ii) Any dug hole or well that is [chyph]deeper than its largest 
surface di[chyph]men[chyph]sion, where the principal function of the 
hole is emplacement of fluids.
    (iii) Any well used by generators of hazardous waste, or by owners 
or operators of hazardous waste management facilities, to dispose of 
fluids containing hazardous waste. This includes the disposal of 
hazardous waste into what would otherwise be septic systems and 
cesspools, regardless of their capacity.
    (iv) Any septic tank, cesspool, or other well used by a multiple 
dwelling, community, or Regional system for the injection of wastes.
    (2) Specific exclusions. The following are not covered by these 
regulations:
    (i) Injection wells located on a drilling platform or other site 
that is beyond the State's territorial waters.
    (ii) Individual or single family residential waste disposal systems 
such as domestic cesspools or septic systems.
    (iii) Non-residential cesspools, septic systems or similar waste 
disposal systems if such systems (A) Are used solely for the disposal of 
sanitary waste, and (B) have the capacity to serve fewer than 20 persons 
a day.
    (iv) Injection wells used for injection of hydrocarbons which are of 
pipeline quality and are gases at standard temperature and pressure for 
the purpose of storage.
    (v) Any dug hole, drilled hole, or bored shaft which is not used for 
the subsurface emplacement of fluids.
    (3) The prohibition applicable to Class IV wells under Sec.  144.13 
does not apply to injections of hazardous wastes into aquifers or 
portions thereof which have been exempted pursuant to Sec.  146.04.
    (h) Interim Status under RCRA for Class I Hazardous Waste Injection 
Wells. The minimum national standards which define acceptable injection 
of hazardous waste during the period of interim status under RCRA are 
set out in the applicable provisions of this part, parts 146 and 147, 
and Sec.  265.430 of this chapter. The issuance of a UIC permit does not 
automatically terminate RCRA interim status. A Class I well's interim 
status does, however, automatically terminate upon issuance to that well 
of a RCRA permit, or upon the well's receiving a RCRA permit-by-rule 
under Sec.  270.60(b) of this chapter. Thus, until a Class I well 
injecting hazardous waste receives a RCRA permit or RCRA permit-by-rule, 
the well's [chyph]interim status requirements are the [chyph]applicable 
requirements imposed [chyph]pursuant to this part and parts 146, 147, 
and 265 of this chapter, including any

[[Page 626]]

requirements imposed in the UIC permit.

[48 FR 14189, Apr. 1, 1983, as amended at 49 FR 20181, May 11, 1984; 52 
FR 20676, June 2, 1987; 52 FR 45797, Dec. 1, 1987; 53 FR 28147, July 26, 
1988; 64 FR 68565, Dec. 7, 1999; 67 FR 39592, June 7, 2002]