[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR144.31]

[Page 705-706]
 
                   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. 144.31  Application for a permit; authorization by permit.


    (a) Permit application. Unless an underground injection well is 
authorized by rule under subpart C of this part, all injection 
activities including construction of an injection well are prohibited 
until the owner or operator is authorized by permit. An owner or 
operator of a well currently authorized by rule must apply for a permit 
under this section unless well authorization by rule was for the life of 
the well or project. Authorization by rule for a well or project for 
which a permit application has been submitted terminates for the well or 
project upon the effective date of the permit. Procedures for 
applications, issuance and administration of emergency permits are found 
exclusively in Sec. 144.34. A RCRA permit applying the standards of 
part 264, subpart C of this chapter will constitute a UIC permit for 
hazardous waste injection wells for which the technical standards in 
part 146 of this chapter are not generally appropriate.
    (b) Who applies? When a facility or activity is owned by one person 
but is operated by another person, it is the operator's duty to obtain a 
permit.
    (c) Time to apply. Any person who performs or proposes an 
underground injection for which a permit is or will be required shall 
submit an application to the Director in accordance with the UIC program 
as follows:
    (1) For existing wells, as expeditiously as practicable and in 
accordance with the schedule in any program description under Sec. 
145.23(f) or (for EPA administered programs) on a schedule established 
by the Regional Administrator, but no later than 4 years from the 
approval or promulgation of the UIC program, or as required under Sec. 
144.14(b) for wells injecting hazardous waste. For EPA administered 
programs the owner or operator of Class I or III wells shall submit a 
complete permit application no later than 1 year after the effective 
date of the program.
    (2) For new injection wells, except new wells in projects authorized 
under Sec. 144.21(d) or authorized by an existing area permit under 
Sec. 144.33(c), a reasonable time before construction is expected to 
begin.
    (d) Completeness. The Director shall not issue a permit before 
receiving a complete application for a permit except for emergency 
permits. An application for a permit is complete when the Director 
receives an application form and any supplemental information which are 
completed to his or her satisfaction. The completeness of any 
application for a permit shall be judged independently of the status of 
any other permit application or permit for the same facility or 
activity. For EPA-administered programs, an application which is 
reviewed under Sec. 124.3 is complete when the Director receives either 
a complete application or the information listed in a notice of 
deficiency.
    (e) Information requirements. All applicants for permits shall 
provide the following information to the Director, using the application 
form provided by the Director.
    (1) The activities conducted by the applicant which require it to 
obtain permits under RCRA, UIC, the National Pollution Discharge 
Elimination system (NPDES) program under the Clean Water Act, or the 
Prevention of Significant Deterioration (PSD) program under the Clean 
Air Act.
    (2) Name, mailing address, and location of the facility for which 
the application is submitted.
    (3) Up to four SIC codes which best reflect the principal products 
or services provided by the facility.
    (4) The operator's name, address, telephone number, ownership 
status, and status as Federal, State, private, public, or other entity.
    (5) Whether the facility is located on Indian lands.
    (6) A listing of all permits or construction approvals received or 
applied for under any of the following programs:

[[Page 706]]

    (i) Hazardous Waste Management program under RCRA.
    (ii) UIC program under SDWA.
    (iii) NPDES program under CWA.
    (iv) Prevention of Significant Deterioration (PSD) program under the 
Clean Air Act.
    (v) Nonattainment program under the Clean Air Act.
    (vi) National Emission Standards for Hazardous Pollutants (NESHAPS) 
preconstruction approval under the Clean Air Act.
    (vii) Ocean dumping permits under the Marine Protection Research and 
Sanctuaries Act.
    (viii) Dredge and fill permits under section 404 of CWA.
    (ix) Other relevant environmental permits, including State permits.
    (7) A topographic map (or other map if a topographic map is 
unavailable) extending one mile beyond the property boundaries of the 
source depicting the facility and each of its intake and discharge 
structures; each of its hazardous waste treatment, storage, or disposal 
facilities; each well where fluids from the facility are injected 
underground; and those wells, springs, and other surface water bodies, 
and drinking water wells listed in public records or otherwise known to 
the applicant within a quarter mile of the facility property boundary.
    (8) A brief description of the nature of the business.
    (9) For EPA-administered programs, the applicant shall identify and 
submit on a list with the permit application the names and addresses of 
all owners of record of land within one-quarter mile of the facility 
boundary. This requirement may be waived by the Regional Administrator 
where the site is located in a populous area and the Regional 
Administrator determines that the requirement would be impracticable.
    (10) A plugging and abandonment plan that meets the requirements of 
Sec. 146.10 of this chapter and is acceptable to the Director.
    (f) Recordkeeping. Applicants shall keep records of all data used to 
complete permit applications and any supplemental information submitted 
under Sec. 144.31 for a period of at least 3 years from the date the 
application is signed.
    (g) Information Requirements for Class I Hazardous Waste Injection 
Wells Permits. (1) The following information is required for each active 
Class I hazardous waste injection well at a facility seeking a UIC 
permit:
    (i) Dates well was operated.
    (ii) Specification of all wastes which have been injected in the 
well, if available.
    (2) The owner or operator of any facility containing one or more 
active hazardous waste injection wells must submit all available 
information pertaining to any release of hazardous waste or constituents 
from any active hazardous waste injection well at the facility.
    (3) The owner or operator of any facility containing one or more 
active Class I hazardous waste injection wells must conduct such 
preliminary site investigations as are necessary to determine whether a 
release is occurring, has occurred, or is likely to have occurred.

[48 FR 14189, Apr. 1, 1983, as amended at 49 FR 20185, May 11, 1984; 52 
FR 45797, Dec. 1, 1987; 52 FR 46963, Dec. 10, 1987; 58 FR 63897, Dec. 3, 
1993]