[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: 40CFR146.8]

[Page 709-710]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 146_UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  146.8  Mechanical integrity.

    (a) An injection well has mechanical integrity if:
    (1) There is no significant leak in the casing, tubing or packer; 
and
    (2) There is no significant fluid movement into an underground 
source of drinking water through vertical channels adjacent to the 
injection well bore.
    (b) One of the following methods must be used to evaluate the 
absence of significant leaks under paragraph (a)(1) of this section:
    (1) Following an initial pressure test, monitoring of the tubing-
casing annulus pressure with sufficient frequency to be representative, 
as determined by the Director, while maintaining an annulus pressure 
different from atmospheric pressure measured at the surface;
    (2) Pressure test with liquid or gas; or
    (3) Records of monitoring showing the absence of significant changes 
in the relationship between injection pressure and injection flow rate 
for the following Class II enhanced recovery wells:
    (i) Existing wells completed without a packer provided that a 
pressure test has been performed and the data is available and provided 
further that one pressure test shall be performed at a time when the 
well is shut down and if the running of such a test will not cause 
further loss of significant amounts of oil or gas; or
    (ii) Existing wells constructed without a long string casing, but 
with surface casing which terminates at the base of fresh water provided 
that local geological and hydrological features allow such construction 
and provided further that the annular space shall be visually inspected. 
For these wells, the Director shall prescribe a monitoring program which 
will verify the absence of significant fluid movement from the injection 
zone into an USDW.
    (c) One of the following methods must be used to determine the 
absence of significant fluid movement under paragraph (a)(2) of this 
section:
    (1) The results of a temperature or noise log; or
    (2) For Class II only, cementing records demonstrating the presence 
of adequate cement to prevent such migration; or
    (3) For Class III wells where the nature of the casing precludes the 
use of the logging techniques prescribed at paragraph (c)(1) of this 
section, cementing records demonstrating the presence of adequate cement 
to prevent such migration;
    (4) For Class III wells where the Director elects to rely on 
cementing records to demonstrate the absence of significant fluid 
movement, the monitoring program prescribed by Sec.  146.33(b) shall be 
designed to verify the absence of significant fluid movement.
    (d) The Director may allow the use of a test to demonstrate 
mechanical integrity other than those listed in paragraphs (b) and 
(c)(2) of this section with the written approval of the Administrator. 
To obtain approval, the Director shall submit a written request to the 
Administrator, which shall set forth the proposed test and all technical 
data supporting its use. The Administrator shall approve the request if 
it will reliably demonstrate the mechanical integrity of wells for which 
its use is proposed. Any alternate method approved by the Administrator 
shall be published in the Federal Register and may be used in all States 
unless its use is restricted at the time of approval by the 
Administrator.
    (e) In conducting and evaluating the tests enumerated in this 
section or others to be allowed by the Director, the owner or operator 
and the Director shall apply methods and standards generally accepted in 
the industry. When the owner or operator reports the results of 
mechanical integrity tests to the Director, he shall include a 
description of the test(s) and the method(s) used. In making his/her 
evaluation, the Director shall review monitoring and other test data 
submitted since the previous evaluation.

[[Page 710]]

    (f) The Director may require additional or alternative tests if the 
results presented by the owner or operator under Sec.  146.8(e) are not 
satisfactory to the Director to demonstrate that there is no movement of 
fluid into or between USDWs resulting from the injection activity.

[45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 
47 FR 4999, Feb. 3, 1982; 58 FR 63898, Dec. 3, 1993]