[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR144.21]

[Page 632-633]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 144_UNDERGROUND INJECTION CONTROL PROGRAM--Table of Contents
 
        Subpart C_Authorization of Underground Injection by Rule
 
Sec. 144.21  Existing Class I, II (except enhanced recovery and 
hydrocarbon storage) and III wells.


    (a) An existing Class I, II (except enhanced recovery and 
hydrocarbon storage) and III injection well is authorized by rule if the 
owner or operator injects into the existing well within one year after 
the date at which a UIC program authorized under the SDWA becomes 
effective for the first time or inventories the well pursuant to the 
requirements of Sec. 144.26. An owner or operator of a well which is 
authorized by rule pursuant to this section shall rework, operate, 
maintain, convert, plug, abandon or inject into the well in compliance 
with applicable regulations.
    (b) Duration of well authorization by rule. Well authorization under 
this section expires upon the effective date of a permit issued pursuant 
to Sec. Sec. 144.25, 144.31, 144.33 or 144.34; after plugging and 
abandonment in accordance with an approved plugging and abandonment plan 
pursuant to Sec. Sec. 144.28(c) and 146.10, and upon submission of a 
plugging and abandonment report pursuant to Sec. 144.28(k); or upon 
conversion in compliance with Sec. 144.28(j).
    (c) Prohibitions on injection. An owner or operator of a well 
authorized by rule pursuant to this section is prohibited from injecting 
into the well:
    (1) Upon the effective date of an applicable permit denial;
    (2) Upon failure to submit a permit application in a timely manner 
pursuant to Sec. Sec. 144.25 or 144.31;
    (3) Upon failure to submit inventory information in a timely manner 
pursuant to Sec. 144.26;
    (4) Upon failure to comply with a request for information in a 
timely manner pursuant to Sec. 144.27;
    (5) Upon failure to provide alternative financial assurance pursuant 
to Sec. 144.28(d)(7);
    (6) Forty-eight hours after receipt of a determination by the 
Director pursuant to Sec. 144.28(f)(3) that the well lacks mechanical 
integrity, unless the Director requires immediate cessation;
    (7) Upon receipt of notification from the Director pursuant to Sec. 
144.28(l) that the transferee has not demonstrated financial 
responsibility pursuant to Sec. 144.28(d);
    (8) For Class I and III wells:
    (i) In States with approved programs, five years after the effective 
date of the UIC program unless a timely and complete permit application 
is pending the Director's decision; or
    (ii) In States with programs administered by EPA, one year after the 
effective date of the UIC program unless a timely and complete permit 
application is pending the Director's decision; or
    (9) For Class II wells (except enhanced recovery and hydrocarbon 
storage), five years after the effective date of the UIC program unless 
a timely and complete permit application is pending the Director's 
decision.
    (d) Class II and III wells in existing fields or projects. 
Notwithstanding the

[[Page 633]]

prohibition in Sec. 144.11, this section authorizes Class II and Class 
III wells or projects in existing fields or projects to continue normal 
operations until permitted, including construction, operation, and 
plugging and abandonment of wells as part of the operation, provided the 
owner or operator maintains compliance with all applicable requirements.
    (e) Requirements. The owner or operator of a well authorized under 
this section shall comply with the applicable requirements of Sec. 
144.28 and part 147 of this chapter no later than one year after 
authorization.

[48 FR 14189, Apr. 1, 1983, as amended at 49 FR 20181, May 11, 1984; 58 
FR 63895, Dec. 3, 1993]