[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: 40CFR147.904]

[Page 754-755]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 147_STATE UNDERGROUND INJECTION CONTROL PROGRAMS--Table of Contents
 
                           Subpart S_Kentucky
 
Sec. 147.904  Existing Class II enhanced recovery and hydrocarbon storage 
wells authorized by rule.

    (a) Maximum injection pressure. (1) To meet the operating 
requirements of Sec. 144.28(f)(3)(ii) (A) and (B) of this chapter, the 
owner or operator:
    (i) Shall use an injection pressure no greater than the pressure 
established by the Regional Administrator for the field or formation in 
which the well is located. The Regional Administrator shall establish 
such a maximum pressure after notice, opportunity for comment, and 
opportunity for a public hearing, according to the provisions of part 
124, subpart A of this chapter, and will inform owners and operators in 
writing of the applicable maximum pressure; or
    (ii) May inject at pressures greater than those specified in 
paragraph (a)(1)(i) of this section for the field or formation in which 
he is operating provided he submits a request in writing to the Regional 
Administrator, and demonstrates to the satisfaction of the Regional 
Administrator that such injection pressure will not violate the 
requirement of Sec. 144.28(f)(3)(ii) (A) and (B). The Regional 
Administrator may grant such a request after notice, opportunity for 
comment, and opportunity for a public hearing, according to the 
provisions of part 124, subpart A of this chapter.
    (2) Prior to such time as the Regional Administrator establishes 
rules for maximum injection pressure based on data provided pursuant to 
paragraph (a)(2)(ii) of this section the owner or operator shall:
    (i) Limit injection pressure to a value which will not exceed the 
operating requirements of Sec. 144.28(f)(3)(ii); and
    (ii) Submit data acceptable to the Regional Administrator which 
defines the fracture pressure of the formation in which injection is 
taking place. A single test may be submitted on behalf of two or more 
operators conducting operations in the same formation, if the Regional 
Administrator approves such submission. The data shall be submitted to 
the Regional Administrator within 1 year of the effective date of this 
program.
    (b) Casing and Cementing. Where the Regional Administrator 
determines that the owner or operator of an existing enhanced recovery 
or hydrocarbon storage well may not be in compliance with the 
requirements of Sec. Sec. 144.28(e) and 146.22, the owner or operator 
shall comply with paragraphs (b) (1) through (4) of this section, when 
required by the Regional Administrator:
    (1) Protect USDWs by:
    (i) Cementing surface casing by recirculating the cement to the 
surface from a point 50 feet below the lowermost USDW; or
    (ii) Isolating all USDWs by placing cement between the outermost 
casing and the well bore; and
    (2) Isolate any injection zones by placing sufficient cement to fill 
the calculated space between and the casing the well bore to a point 250 
feet above the injection zone; and
    (3) Use cement:
    (i) Of sufficient quantity and quality to withstand the maximum 
operating pressure;
    (ii) Which is resistant to deterioration from formation and 
injection fluids; and
    (iii) In a quantity no less than 120% of the calculated volume 
necessary to cement off a zone.
    (4) The Regional Administrator may specify other requirements in 
addition to or in lieu of the requirements set forth in paragraphs (b) 
(1) through (3)

[[Page 755]]

of this section, as needed to protect USDWs.