[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: 40CFR148.20]

[Page 837-838]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 148_HAZARDOUS WASTE INJECTION RESTRICTIONS--Table of Contents
 
               Subpart C_Petition Standards and Procedures
 
Sec.  148.20  Petitions to allow injection of a waste prohibited under subpart B.


    (a) Any person seeking an exemption from a prohibition under subpart 
B of this part for the injection of a restricted hazardous waste into an 
injection well or wells shall submit a petition to the Director 
demonstrating that, to a reasonable degree of certainty, there will be 
no migration of hazardous constituents from the injection zone for as 
long as the waste remains hazardous. This demonstration requires a 
showing that:
    (1) The hydrogeological and geochemical conditions at the sites and 
the physiochemical nature of the waste stream(s) are such that reliable 
predictions can be made that:
    (i) Fluid movement conditions are such that the injected fluids will 
not migrate within 10,000 years:

[[Page 838]]

    (A) Vertically upward out of the injection zone; or
    (B) Laterally within the injection zone to a point of discharge or 
interface with an Underground Source of Drinking Water (USDW) as defined 
in 40 CFR part 146; or
    (ii) Before the injected fluids migrate out of the injection zone or 
to a point of discharge or interface with USDW, the fluid will no longer 
be haz[chyph]ard[chyph]ous because of attenuation, 
trans[chyph]for[chyph]ma[chyph]tion, or 
im[chyph]mobi[chyph]li[chyph]za[chyph]tion of haz[chyph]ard[chyph]ous 
con[chyph]stit[chyph]u[chyph]ents within the injection zone by 
hy[chyph]drol[chyph]y[chyph]sis, chemical interactions or other means; 
and
    (2) For each well the petition has:
    (i) Demonstrated that the injection well's area of review complies 
with the substantive requirements of Sec.  146.63;
    (ii) Located, identified, and as[chyph]cer[chyph]tained the 
condition of all wells within the injection well's area of review (as 
specified in Sec.  146.63) that pene[chyph]trate the injection zone or 
the con[chyph]fining zone by use of a pro[chyph]to[chyph]col acceptable 
to the Director that meets the sub[chyph]stan[chyph]tive requirements of 
Sec.  146.64;
    (iii) Submitted a corrective action plan that meets the substantive 
requirements of Sec.  146.64, the implementation of which shall become a 
condition of petition approval; and
    (iv) Submitted the results of pressure and radioactive tracer tests 
performed within one year prior to submission of the petition 
demonstrating the mechanical integrity of the well's long string casing, 
injection tube, annular seal, and bottom hole cement. In cases where the 
petition has not been approved or denied within one year after the 
initial demonstration of mechanical integrity, the Director may require 
the owner or operator to perform the tests again and submit the results 
of the new tests.
    Note: The requirements of Sec.  148.20(a)(2) need not be 
incorporated in a permit at the time of petition approval.
    (b) A demonstration under Sec.  148.20(a)(1)(i) shall identify the 
strata within the injection zone which will confine fluid movement above 
the injection interval and include a showing that this strata is free of 
known transmissive faults of fractures and that there is a confining 
zone above the injection zone.
    (c) A demonstration under Sec.  148.20(a)(1)(ii) shall identify the 
strata within the injection zone where waste transformation will be 
accomplished and include a showing that this strata is free of known 
transmissive faults or fractures and that there is a confining zone 
above the injection zone.
    (d) A demonstration may include a showing that:
    (1) Treatment methods, the implementation of which shall become a 
condition of petition approval, will be utilized that reduce the 
toxicity or mobility of the wastes; or
    (2) A monitoring plan, the implementation of which shall become a 
condition of petition approval, will be utilized to enhance confidence 
in one or more aspects of the demonstration.
    (e) Any person who has been granted an exemption pursuant to this 
section may submit a petition for reissuance [chyph]of the exemption to 
include an ad[chyph]di[chyph]tional restricted waste or wastes or to 
mod[chyph]ify any conditions placed on the ex[chyph]emp[chyph]tion by 
the Director. The Director shall reissue the pet[chyph]i[chyph]tion if 
the petitioner complies with the re[chyph]quire[chyph]ments of 
paragraphs (a), (b) and (c) of this section.
    (f) Any person who has been granted an exemption pursuant to this 
section may submit a petition to modify an exemption to include an 
additional (hazardous) waste or wastes. The Director may grant the 
modification if he determines, to a reasonable degree of certainty, that 
the additional waste or wastes will behave hydraulically and chemically 
in a manner similar to previously included wastes and that it will not 
interfere with the containment capability of the injection zone.