[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: 40CFR145.23]

[Page 694-696]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 145_STATE UIC PROGRAM REQUIREMENTS--Table of Contents
 
                   Subpart C_State Program Submissions
 
Sec.  145.23  Program description.

    Any State that seeks to administer a program under this part shall 
submit a description of the program it proposes to administer in lieu of 
the Federal program under State law or under an interstate compact. The 
program description shall include:
    (a) A description in narrative form of the scope, structure, 
coverage and processes of the State program.
    (b) A description (including organization charts) of the 
organization and structure of the State agency or agencies which will 
have responsibility for administering the program, including the 
information listed below. If more than one agency is responsible for 
administration of a program, each agency must have statewide 
jurisdiction over a class of activities. The responsibilities of each 
agency must be delineated, their procedures for coordination set forth, 
and an agency may be designated as a ``lead agency'' to facilitate 
communications between EPA and the State agencies having program 
responsibility. When the State proposes to administer a program of 
greater scope of coverage than is required by Federal law, the 
information provided under this paragraph shall indicate the resources 
dedicated to administering the Federally required portion of the 
program.
    (1) A description of the State agency staff who will carry out the 
State program, including the number, occupations, and general duties of 
the employees. The State need not submit complete job descriptions for 
every employee carrying out the State program.
    (2) An itemization of the estimated costs of establishing and 
administering the program for the first two years after approval, 
including cost of the personnel listed in paragraph (b)(1) of this 
section, cost of administrative support, and cost of technical support.

[[Page 695]]

    (3) An itemization of the sources and amounts of funding, including 
an estimate of Federal grant money, available to the State Director for 
the first two years after approval to meet the costs listed in paragraph 
(b)(2) of this section, identifying any restrictions or limitations upon 
this funding.
    (c) A description of applicable State procedures, including 
permitting procedures and any State administrative or judicial review 
procedures.
    (d) Copies of the permit form(s), application form(s), reporting 
form(s), and manifest format the State intends to employ in its program. 
Forms used by States need not be identical to the forms used by EPA but 
should require the same basic information. The State need not provide 
copies of uniform national forms it intends to use but should note its 
intention to use such forms.

    Note: States are encouraged to use uniform national forms 
established by the Administrator. If uniform national forms are used, 
they may be modified to include the State Agency's name, address, logo, 
and other similar information, as appropriate, in place of EPA's.

    (e) A complete description of the State's compliance tracking and 
enforcement program.
    (f) A State UIC program description shall also include:
    (1) A schedule for issuing permits within five years after program 
approval to all injection wells within the State which are required to 
have permits under this part and part 144;
    (2) The priorities (according to criteria set forth in 40 CFR 
146.09) for [chyph]issuing permits, including the number [chyph]of 
permits in each class of injection [chyph]well which will be issued each 
year [chyph]during the first five years of program [chyph]operation;
    (3) A description of how the Director will implement the mechanical 
integrity testing requirements of 40 CFR 146.08, including the frequency 
of testing that will be required and the number of tests that will be 
reviewed by the Director each year;
    (4) A description of the procedure whereby the Director will notify 
owners and operators of injection wells of the requirement that they 
apply for and obtain a permit. The notification required by this 
paragraph shall require applications to be filed as soon as possible, 
but not later than four years after program approval for all injection 
wells requiring a permit;
    (5) A description of any rule under which the Director proposes to 
authorize injections, including the text of the rule;
    (6) For any existing enhanced recovery and hydrocarbon storage wells 
which the Director proposes to authorize by rule, a description of the 
procedure for reviewing the wells for compliance with applicable 
monitoring, reporting, construction, and financial responsibility 
requirements of Sec. Sec.  144.51 and 144.52, and 40 CFR part 146;
    (7) A description of and schedule for the State's program to 
establish and maintain a current inventory of injection wells which must 
be permitted under State law;
    (8) Where the Director had designated underground sources of 
drinking water in accordance with Sec.  144.7(a), a description and 
identification of all such designated sources in the State;
    (9) A description of aquifers, or parts thereof, which the Director 
has identified under Sec.  144.7(b) as exempted aquifers, and a summary 
of supporting data;
    (10) A description of and schedule for the State's program to ban 
Class IV wells prohibited under Sec.  144.13; and
    (11) A description of and schedule for the State's program to 
establish an inventory of Class V wells and to assess the need for a 
program to regulate Class V wells.
    (12) For Class V programs only. A description of and a schedule for 
the State's plan to identify and delineate other sensitive ground water 
areas. States should consider geologic and hydrogeologic settings, 
ground water flow and occurrence, topographic and geographic features, 
depth to ground water, significance as a drinking water source, 
prevailing land use practices and any other existing information 
relating to the susceptibility of ground water to contamination from 
Class V injection wells when developing their plan. Within the schedule 
for the plan, States must commit to: completing all delineations of 
other sensitive ground water areas by no later than Jan. 1,

[[Page 696]]

2004; making these delineation available to the public; implementing the 
Class V regulations, effective April 5, 2000, in these delineated areas 
by no later than January 1, 2007. Alternately, if a State chooses not to 
identify other sensitive ground water areas, the requirements for motor 
vehicle waste disposal wells would apply statewide by January 1, 2007.

[48 FR 14202, Apr. 1, 1983, as amended at 64 FR 68572, Dec. 7, 1999]