[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR146.34]

[Page 737-738]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 146_UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS
--Table of Contents
 
     Subpart D_Criteria and Standards Applicable to Class III Wells
 
Sec.  146.34  Information to be considered by the Director.

    This section sets forth the information which must be considered by 
the Director in authorizing Class III wells. Certain maps, cross 
sections, tabulations of wells within the area of review, and other data 
may be included in the application by reference provided they are 
current, readily available to the Director (for example, in the 
permitting agency's files) and sufficiently identified to be retrieved. 
In cases where EPA issues the permit, all the information in this 
section must be submitted to the Administrator.
    (a) Prior to the issuance of a permit for an existing Class III well 
or area to operate or the construction of a new Class III well the 
Director shall consider the following:
    (1) Information required in 40 CFR 144.31 and 144.31(g);
    (2) A map showing the injection well or project area for which a 
permit is sought and the applicable area of review. Within the area of 
review, the map must show the number or name and location of all 
existing producing wells, injection wells, abandoned wells, dry holes, 
public water systems and water wells. The map may also show surface 
bodies of waters, mines (surface and subsurface), quarries and other 
pertinent surface features including residences and roads, and faults if 
known or suspected. Only information of public record and pertinent 
information known to the applicant is required to be included on this 
map.
    (3) A tabulation of data reasonably available from public records or 
otherwise known to the applicant on wells within the area of review 
included on the map required under paragraph (a)(2) of this section 
which penetrate the proposed injection zone. Such data shall include a 
description of each well's type, construction, date drilled, location, 
depth, record of plugging and completion, and any additional information 
the Director may require. In cases where the information would be 
repetitive and the wells are of similar age, type, and construction the 
Director may elect to only require data on a representative number of 
wells.
    (4) Maps and cross sections indicating the vertical limits of all 
underground sources of drinking water within the area of review, their 
position relative to the injection formation, and the direction of water 
movement, where known, in every underground source of drinking water 
which may be affected by the proposed injection:
    (5) Maps and cross sections detailing the geologic structure of the 
local area;
    (6) Generalized map and cross sections illustrating the regional 
geologic setting;
    (7) Proposed operating data:
    (i) Average and maximum daily rate and volume of fluid to be 
injected;
    (ii) Average and maximum injection pressure; and
    (iii) Qualitative analysis and ranges in concentrations of all 
constituents of injected fluids. The applicant may request Federal 
confidentiality as specified in 40 CFR part 2. If the information is 
proprietary an applicant may, in lieu of the ranges in concentrations, 
choose to submit maximum concentrations which shall not be exceeded. In 
such a case the applicant shall retain records of the undisclosed 
concentrations and provide them upon request to the Director as part of 
any enforcement investigation.
    (8) Proposed formation testing program to obtain the information 
required by Sec.  146.32(c).
    (9) Proposed stimulation program;
    (10) Proposed injection procedure;

[[Page 738]]

    (11) Schematic or other appropriate drawings of the surface and 
subsurface construction details of the well;
    (12) Plans (including maps) for meeting the monitoring requirements 
of Sec.  146.33(b);
    (13) Expected changes in pressure, native fluid displacement, 
direction of movement of injection fluid;
    (14) Contingency plans to cope with all shut-ins or well failures so 
as to prevent the migration of contaminating fluids into underground 
sources of drinking water;
    (15) A certificate that the applicant has assured, through a 
performance bond, or other appropriate means, the resources necessary to 
close, plug, or abandon the well as required by 40 CFR 144.52(a)(7) and
    (16) The corrective action proposed to be taken under 40 CFR 144.55.
    (b) Prior to granting approval for the operation of a Class III well 
the Director shall consider the following information:
    (1) All available logging and testing data on the well;
    (2) A satisfactory demonstration of mechanical integrity for all new 
wells and for all existing salt solution wells pursuant to Sec.  146.08;
    (3) The anticipated maximum pressure and flow rate at which the 
permittee will operate;
    (4) The results of the formation testing program;
    (5) The actual injection procedures; and
    (6) The status of corrective action on defective wells in the area 
of review.
    (c) Prior to granting approval for the plugging and abandonment of a 
Class III well the Director shall consider the following information:
    (1) The type and number of plugs to be used;
    (2) The placement of each plug including the elevation of the top 
and bottom;
    (3) The type, grade, and quantity of cement to be used;
    (4) The method of placement of the plugs; and
    (5) The procedure to be used to meet the requirements of Sec.  
146.10(c).

(Clean Water Act, Safe Drinking Water Act, Clean Air Act, Resource 
Conservation and Recovery Act: 42 U.S.C. 6905, 6912, 6925, 6927, 6974)

[45 FR 42500, June 24, 1980, as amended at 46 FR 43163, Aug. 27, 1981; 
47 FR 5001, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983]

Subpart E--Criteria and Standards Applicable to Class IV Injection Wells 
[Reserved]