[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: 40CFR146.22]

[Page 775-776]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 146_UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS--Table 
 
      Subpart C_Criteria and Standards Applicable to Class II Wells
 
Sec. 146.22  Construction requirements.

    (a) All new Class II wells shall be sited in such a fashion that 
they inject into a formation which is separated from any USDW by a 
confining zone that is free of known open faults or fractures within the 
area of review.
    (b)(1) All Class II injection wells shall be cased and cemented to 
prevent movement of fluids into or between underground sources of 
drinking water. The casing and cement used in the construction of each 
newly drilled well shall be designed for the life expectancy of the 
well. In determining and specifying casing and cementing requirements, 
the following factors shall be considered:
    (i) Depth to the injection zone;
    (ii) Depth to the bottom of all USDWs; and
    (iii) Estimated maximum and average injection pressures;
    (2) In addition the Director may consider information on:
    (i) Nature of formation fluids;
    (ii) Lithology of injection and confining zones;
    (iii) External pressure, internal pressure, and axial loading;
    (iv) Hole size;
    (v) Size and grade of all casing strings; and
    (vi) Class of cement.
    (c) The requirements in paragraph (b) of this section need not apply 
to existing or newly converted Class II wells located in existing fields 
if:
    (1) Regulatory controls for casing and cementing existed for those 
wells at the time of drilling and those wells are in compliance with 
those controls; and
    (2) Well injection will not result in the movement of fluids into an 
underground source of drinking water so as to create a significant risk 
to the health of persons.
    (d) The requirements in paragraph (b) of this section need not apply 
to newly drilled wells in existing fields if;
    (1) They meet the requirements of the State for casing and cementing 
applicable to that field at the time of submission of the State program 
to the Administrator; and
    (2) Well injection will not result in the movement of fluids into an 
underground source of drinking water so as to create a significant risk 
to the health of persons.
    (e) Where a State did not have regulatory controls for casing and 
cementing prior to the time of the submission of the State program to 
the Administrator, the Director need not apply the casing and cementing 
requirements in paragraph (b) of this section if he submits as a part of 
his application for primacy, an appropriate plan for casing and 
cementing of existing, newly converted, and newly drilled wells in 
existing fields, and the Administrator approves the plan.
    (f) Appropriate logs and other tests shall be conducted during the 
drilling and construction of new Class II wells. A descriptive report 
interpreting the results of that portion of those logs and tests which 
specifically relate to (1) an USDW and the confining zone adjacent to 
it, and (2) the injection and adjacent formations shall be prepared by a 
knowledgeable log analyst and submitted to the director. At a minimum, 
these logs and tests shall include:
    (1) Deviation checks on all holes constructed by first drilling a 
pilot hole and then enlarging the pilot hole, by reaming or another 
method. Such checks shall be at sufficiently frequent intervals to 
assure that vertical avenues for fluid movement in the form of diverging 
holes are not created during drilling.
    (2) Such other logs and tests as may be needed after taking into 
account the availability of similar data in the area of the drilling 
site, the construction plan, and the need for additional information 
that may arise from time to time as the construction of the well 
progresses. In determining which logs

[[Page 776]]

and tests shall be required the following shall be considered by the 
Director in setting logging and testing requirements:
    (i) For surface casing intended to protect underground sources of 
drinking water in areas where the lithology has not been determined:
    (A) Electric and caliper logs before casing is installed; and
    (B) A cement bond, temperature, or density log after the casing is 
set and cemented.
    (ii) for intermediate and long strings of casing intended to 
facilitate injection:
    (A) Electric porosity and gamma ray logs before the casing is 
installed;
    (B) Fracture finder logs; and
    (C) A cement bond, temperature, or density log after the casing is 
set and cemented.
    (g) At a minimum, the following information concerning the injection 
formation shall be determined or calculated for new Class II wells or 
projects:
    (1) Fluid pressure;
    (2) Estimated fracture pressure;
    (3) Physical and chemical characteristics of the injection zone.

[45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 
47 FR 5000, Feb. 3, 1982]