[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: 40CFR144.25]

[Page 634]
 
                   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. 144.25  Requiring a permit.

    (a) The Director may require the owner or operator of any Class I, 
II, III or V injection well which is authorized by rule under this 
subpart to apply for and obtain an individual or area UIC permit. Cases 
where individual or area UIC permits may be required include:
    (1) The injection well is not in compliance with any requirement of 
the rule;
    Note: Any underground injection which violates any authorization by 
rule is subject to appropriate enforcement action.
    (2) The injection well is not or no longer is within the category of 
wells and types of well operations authorized in the rule;
    (3) The protection of USDWs requires that the injection operation be 
regulated by requirements, such as for corrective action, monitoring and 
reporting, or operation, which are not contained in the rule.
    (4) When the injection well is a Class I, II (except existing 
enhanced recovery and hydrocarbon storage) or III well, in accordance 
with a schedule established by the Director pursuant to Sec. 144.31(c).
    (b) For EPA-administered programs, the Regional Administrator may 
require an owner or operator of any well which is authorized by rule 
under this subpart to apply for an individual or area UIC permit under 
this paragraph only if the owner or operator has been notified in 
writing that a permit application is required. The owner or operator of 
a well which is authorized by rule under this subpart is prohibited from 
injecting into the well upon the effective date of permit denial, or 
upon failure by the owner or operator to submit an application in a 
timely manner as specified in the notice. The notice shall include: a 
brief statement of the reasons for requiring a permit; an application 
form; a statement setting a time for the owner or operator to file the 
application; and a statement of the consequences of denial or issuance 
of the permit, or failure to submit an application, as described in this 
paragraph.
    (c) An owner or operator of a well authorized by rule may request to 
be excluded from the coverage of this subpart by applying for an 
individual or area UIC permit. The owner or operator shall submit an 
application under Sec. 144.31 with reasons supporting the request, to 
the Director. The Director may grant any such requests.

[48 FR 14189, Apr. 1, 1983, as amended at 49 FR 20182, May 11, 1984; 58 
FR 63896, Dec. 3, 1993]