[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: 40CFR146.72]

[Page 731-732]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 146_UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS--Table of Contents
 
 Subpart G_Criteria and Standards Applicable to Class I Hazardous Waste 
                             Injection Wells
 
Sec.  146.72  Post-closure care.

    (a) The owner or operator of a Class I hazardous waste well shall 
prepare, maintain, and comply with a plan for post-closure care that 
meets the requirements of paragraph (b) of this section and is 
acceptable to the Director. The obligation to implement the post-closure 
plan survives the termination of a permit or the cessation of injection 
activities. The requirement to maintain an approved plan is directly 
enforceable regardless of whether the requirement is a condition of the 
permit.
    (1) The owner or operator shall submit the plan as a part of the 
permit application and, upon approval by the Director, such plan shall 
be a condition of any permit issued.
    (2) The owner or operator shall submit any proposed significant 
revision to the plan as appropriate over the life of the well, but no 
later than the date of the closure report required under Sec.  
146.71(c).
    (3) The plan shall assure financial responsibility as required in 
Sec.  146.73.
    (4) The plan shall include the following information:
    (i) The pressure in the injection zone before injection began;
    (ii) The anticipated pressure in the injection zone at the time of 
closure;
    (iii) The predicted time until pressure in the injection zone decays 
to the point that the well's cone of influence no longer intersects the 
base of the lowermost USDW;
    (iv) Predicted position of the waste front at closure;
    (v) The status of any cleanups required under Sec.  146.64; and
    (vi) The estimated cost of proposed post-closure care.
    (5) At the request of the owner or operator, or on his own 
initiative, the Director may modify the post-closure plan after 
submission of the closure report following the procedures in Sec.  
124.5.
    (b) The owner or operator shall:

[[Page 732]]

    (1) Continue and complete any cleanup action required under Sec.  
146.64, if applicable;
    (2) Continue to conduct any groundwater monitoring required under 
the permit until pressure in the injection zone decays to the point that 
the well's cone of influence no longer intersects the base of the 
lowermost USDW. The Director may extend the period of post-closure 
monitoring if he determines that the well may endanger a USDW.
    (3) Submit a survey plat to the local zoning authority designated by 
the Director. The plat shall indicate the location of the well relative 
to permanently surveyed benchmarks. A copy of the plat shall be 
submitted to the Regional Administrator of the appropriate EPA Regional 
Office.
    (4) Provide appropriate notification and information to such State 
and local authorities as have cognizance over drilling activities to 
enable such State and local authorities to impose appropriate conditions 
on subsequent drilling activities that may penetrate the well's 
confining or injection zone.
    (5) Retain, for a period of three years following well closure, 
records reflecting the nature, composition and volume of all injected 
fluids. The Director shall require the owner or operator to deliver the 
records to the Director at the conclusion of the retention period, and 
the records shall thereafter be retained at a location designated by the 
Director for that purpose.
    (c) Each owner of a Class I hazardous waste injection well, and the 
owner of the surface or subsurface property on or in which a Class I 
hazardous waste injection well is located, must record a notation on the 
deed to the facility property or on some other instrument which is 
normally examined during title search that will in perpetuity provide 
any potential purchaser of the property the following information:
    (1) The fact that land has been used to manage hazardous waste;
    (2) The name of the State agency or local authority with which the 
plat was filed, as well as the address of the Regional Environmental 
Protection Agency Office to which it was submitted;
    (3) The type and volume of waste injected, the injection interval or 
intervals into which it was injected, and the period over which 
injection occurred.