[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: 40CFR146.64]

[Page 718-719]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 146_UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS
--Table of Contents
 
 Subpart G_Criteria and Standards Applicable to Class I Hazardous Waste 
                             Injection Wells
 
Sec. 146.64  Corrective action for wells in the area of review.

    For the purposes of Class I hazardous waste wells, this section 
shall apply to the exclusion of Sec. Sec. 144.55 and 146.07.
    (a) The owner or operator of a Class I hazardous waste well shall as 
part of the permit application submit a plan to the Director outlining 
the protocol used to:
    (1) Identify all wells penetrating the confining zone or injection 
zone within the area of review; and
    (2) Determine whether wells are adequately completed or plugged.
    (b) The owner or operator of a Class I hazardous waste well shall 
identify the location of all wells within the area of review that 
penetrate the injection zone or the confining zone and shall submit as 
required in Sec. 146.70(a):
    (1) A tabulation of all wells within the area of review that 
penetrate the injection zone or the confining zone; and
    (2) A description of each well or type of well and any records of 
its plugging or completion.
    (c) For wells that the Director determines are improperly plugged, 
completed, or abandoned, or for which

[[Page 719]]

plugging or completion information is unavailable, the applicant shall 
also submit a plan consisting of such steps or modification as are 
necessary to prevent movement of fluids into or between USDWs. Where the 
plan is adequate, the Director shall incorporate it into the permit as a 
condition. Where the Director's review of an application indicates that 
the permittee's plan is inadequate (based at a minimum on the factors in 
paragraph (e) of this section), the Director shall:
    (1) Require the applicant to revise the plan;
    (2) Prescribe a plan for corrective action as a condition of the 
permit; or
    (3) Deny the application.
    (d) Requirements:
    (1) Existing injection wells. Any permit issued for an existing 
Class I hazardous waste injection well requiring corrective action other 
than pressure limitations shall include a compliance schedule requiring 
any corrective action accepted or prescribed under paragraph (c) of this 
section. Any such compliance schedule shall provide for compliance no 
later than 2 years following issuance of the permit and shall require 
observance of appropriate pressure limitations under paragraph (d)(3) 
until all other corrective action measures have been implemented.
    (2) New injection wells. No owner or operator of a new Class I 
hazardous waste injection well may begin injection until all corrective 
actions required under this section have been taken.
    (3) The Director may require pressure limitations in lieu of 
plugging. If pressure limitations are used in lieu of plugging, the 
Director shall require as a permit condition that injection pressure be 
so limited that pressure in the injection zone at the site of any 
improperly completed or abandoned well within the area of review would 
not be sufficient to drive fluids into or between USDWs. This pressure 
limitation shall satisfy the corrective action requirement. 
Alternatively, such injection pressure limitation may be made part of a 
compliance schedule and may be required to be maintained until all other 
required corrective actions have been implemented.
    (e) In determining the adequacy of corrective action proposed by the 
applicant under paragraph (c) of this section and in determining the 
additional steps needed to prevent fluid movement into and between 
USDWs, the following criteria and factors shall be considered by the 
Director:
    (1) Nature and volume of injected fluid;
    (2) Nature of native fluids or byproducts of injection;
    (3) Geology;
    (4) Hydrology;
    (5) History of the injection operation;
    (6) Completion and plugging records;
    (7) Closure procedures in effect at the time the well was closed;
    (8) Hydraulic connections with USDWs;
    (9) Reliability of the procedures used to identify abandoned wells; 
and
    (10) Any other factors which might affect the movement of fluids 
into or between USDWs.