[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: 40CFR144.34]

[Page 645]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 144_UNDERGROUND INJECTION CONTROL PROGRAM--Table of Contents
 
                    Subpart D_Authorization by Permit
 
Sec. 144.34  Emergency permits.

    (a) Coverage. Notwithstanding any other provision of this part or 
part 124, the Director may temporarily permit a specific underground 
injection if:
    (1) An imminent and substantial endangerment to the health of 
persons will result unless a temporary emergency permit is granted; or
    (2) A substantial and irretrievable loss of oil or gas resources 
will occur unless a temporary emergency permit is granted to a Class II 
well; and
    (i) Timely application for a permit could not practicably have been 
made; and
    (ii) The injection will not result in the movement of fluids into 
underground sources of drinking water; or
    (3) A substantial delay in production of oil or gas resources will 
occur unless a temporary emergency permit is granted to a new Class II 
well and the temporary authorization will not result in the movement of 
fluids into an underground source of drinking water.
    (b) Requirements for issuance. (1) Any temporary permit under 
paragraph (a)(1) of this section shall be for no longer term than 
required to prevent the hazard.
    (2) Any temporary permit under paragraph (a)(2) of this section 
shall be for no longer than 90 days, except that if a permit application 
has been submitted prior to the expiration of the 90-day period, the 
Director may extend the temporary permit until final action on the 
application.
    (3) Any temporary permit under paragraph (a)(3) of this section 
shall be issued only after a complete permit application has been 
submitted and shall be effective until final action on the application.
    (4) Notice of any temporary permit under this paragraph shall be 
published in accordance with Sec. 124.11 within 10 days of the issuance 
of the permit.
    (5) The temporary permit under this section may be either oral or 
written. If oral, it must be followed within 5 calendar days by a 
written temporary emergency permit.
    (6) The Director shall condition the temporary permit in any manner 
he or she determines is necessary to ensure that the injection will not 
result in the movement of fluids into an underground source of drinking 
water.

[48 FR 14189, Apr. 1, 1983, as amended at 49 FR 20185, May 11, 1984]