[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: 40CFR146.70]

[Page 789-790]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 146_UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS--Table 
 
 Subpart G_Criteria and Standards Applicable to Class I Hazardous Waste 
 
Sec. 146.70  Information to be evaluated by the Director.

    This section sets forth the information which must be evaluated by 
the Director in authorizing Class I hazardous waste injection wells. For 
a new Class I hazardous waste injection well, the owner or operator 
shall submit all the information listed below as part of the permit 
application. For an existing or converted Class I hazardous waste 
injection well, the owner or operator shall submit all information 
listed below as part of the permit application except for those items of 
information which are current, accurate, and available in the existing 
permit file. For both existing and new Class I hazardous waste injection 
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 and readily available to the 
Director (for example, in the permitting agency's files) and 
sufficiently identifiable to be retrieved. In cases where EPA issues the 
permit, all the information in this section must be submitted to the 
Administrator or his designee.
    (a) Prior to the issuance of a permit for an existing Class I 
hazardous waste injection well to operate or the construction or 
conversion of a new Class I hazardous waste injection well, the Director 
shall review the following to assure that the requirements of this part 
and part 144 are met:
    (1) Information required in Sec. 144.31;
    (2) A map showing the injection well 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 producing wells, 
injection wells, abandoned wells, dry holes, surface bodies of water, 
springs, mines (surface and subsurface), quarries, water wells and other 
pertinent surface features, including residences and roads. The map 
should also show faults, if known or suspected;
    (3) A tabulation of all wells within the area of review which 
penetrate the proposed injection zone or confining zone. Such data shall 
include a description of each well's type, construction, date drilled, 
location, depth, record of plugging and/or completion and any additional 
information the Director may require;
    (4) The protocol followed to identify, locate and ascertain the 
condition of abandoned wells within the area of review which penetrate 
the injection or the confining zones;
    (5) Maps and cross-sections indicating the general vertical and 
lateral 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 each underground source 
of drinking water which may be affected by the proposed injection;
    (6) Maps and cross-sections detailing the geologic structure of the 
local area;
    (7) Maps and cross-sections illustrating the regional geologic 
setting;
    (8) Proposed operating data;
    (i) Average and maximum daily rate and volume of the fluid to be 
injected; and
    (ii) Average and maximum injection pressure;
    (9) Proposed formation testing program to obtain an analysis of the 
chemical, physical and radiological characteristics of and other 
information on the injection formation and the confining zone;
    (10) Proposed stimulation program;
    (11) Proposed injection procedure;
    (12) Schematic or other appropriate drawings of the surface and 
subsurface construction details of the well;
    (13) Contingency plans to cope with all shut-ins or well failures so 
as to prevent migration of fluids into any USDW;

[[Page 790]]

    (14) Plans (including maps) for meeting monitoring requirements of 
Sec. 146.68;
    (15) For wells within the area of review which penetrate the 
injection zone or the confining zone but are not properly completed or 
plugged, the corrective action to be taken under Sec. 146.64;
    (16) Construction procedures including a cementing and casing 
program, well materials specifications and their life expectancy, 
logging procedures, deviation checks, and a drilling, testing and coring 
program; and
    (17) A demonstration pursuant to part 144, subpart F, that the 
applicant has the resources necessary to close, plug or abandon the well 
and for post-closure care.
    (b) Prior to the Director's granting approval for the operation of a 
Class I hazardous waste injection well, the owner or operator shall 
submit and the Director shall review the following information, which 
shall be included in the completion report:
    (1) All available logging and testing program data on the well;
    (2) A demonstration of mechanical integrity pursuant to Sec. 
146.68;
    (3) The anticipated maximum pressure and flow rate at which the 
permittee will operate;
    (4) The results of the injection zone and confining zone testing 
program as required in Sec. 146.70(a)(9);
    (5) The actual injection procedure;
    (6) The compatibility of injected waste with fluids in the injection 
zone and minerals in both the injection zone and the confining zone and 
with the materials used to construct the well;
    (7) The calculated area of review based on data obtained during 
logging and testing of the well and the formation, and where necessary 
revisions to the information submitted under Sec. 146.70(a) (2) and 
(3).
    (8) The status of corrective action on wells identified in Sec. 
146.70(a)(15).
    (c) Prior to granting approval for the plugging and abandonment 
(i.e., closure) of a Class I hazardous waste injection well, the 
Director shall review the information required in Sec. Sec. 
146.71(a)(4) and 146.72(a).
    (d) Any permit issued for a Class I hazardous waste injection well 
for disposal on the premises where the waste is generated shall contain 
a certification by the owner or operator that:
    (1) The generator of the hazardous waste has a program to reduce the 
volume or quantity and toxicity of such waste to the degree determined 
by the generator to be economically practicable; and
    (2) Injection of the waste is that practicable method of disposal 
currently available to the generator which minimizes the present and 
future threat to human health and the environment.