cfr_sections
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53 rows where part_number = 146 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:25.0.1.1.9.1.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.1 Applicability and scope. | EPA | [45 FR 42500, June 24, 1980, as amended at 48 FR 14293, Apr. 1, 1983] | (a) This part sets forth technical criteria and standards for the Underground Injection Control Program. This part should be read in conjunction with 40 CFR parts 124, 144, and 145, which also apply to UIC programs. 40 CFR part 144 defines the regulatory framework of EPA administered permit programs. 40 CFR part 145 describes the elements of an approvable State program and procedures for EPA approval of State participation in the permit programs. 40 CFR part 124 describes the procedures the Agency will use for issuing permits under the covered programs. Certain of these procedures will also apply to State-administered programs as specified in 40 CFR part 145. (b) Upon the approval, partial approval or promulgation of a State UIC program by the Administrator, any underground injection which is not authorized by the Director by rule or by permit is unlawful. | |||
| 40:40:25.0.1.1.9.1.45.10 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.10 Plugging and abandoning Class I, II, III, IV, and V wells. | EPA | [64 FR 68573, Dec. 7, 1999] | (a) Requirements for Class I, II and III wells. (1) Prior to abandoning Class I, II and III wells, the well shall be plugged with cement in a manner which will not allow the movement of fluids either into or between underground sources of drinking water. The Director may allow Class III wells to use other plugging materials if the Director is satisfied that such materials will prevent movement of fluids into or between underground sources of drinking water. (2) Placement of the cement plugs shall be accomplished by one of the following: (i) The Balance method; (ii) The Dump Bailer method; (iii) The Two-Plug method; or (iv) An alternative method approved by the Director, which will reliably provide a comparable level of protection to underground sources of drinking water. (3) The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the Director, prior to the placement of the cement plug(s). (4) The plugging and abandonment plan required in 40 CFR 144.51(o) and 144.52(a)(6) shall, in the case of a Class III project which underlies or is in an aquifer which has been exempted under § 146.04, also demonstrate adequate protection of USDWs. The Director shall prescribe aquifer cleanup and monitoring where he deems it necessary and feasible to insure adequate protection of USDWs. (b) Requirements for Class IV wells. Prior to abandoning a Class IV well, the owner or operator shall close the well in accordance with 40 CFR 144.23(b). (c) Requirements for Class V wells. (1) Prior to abandoning a Class V well, the owner or operator shall close the well in a manner that prevents the movement of fluid containing any contaminant into an underground source of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 CFR part 141 or may otherwise adversely affect the health of persons. Closure requirements fo… | |||
| 40:40:25.0.1.1.9.1.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.2 Law authorizing these regulations. | EPA | [58 FR 63898, Dec. 3, 1993] | The Safe Drinking Water Act, 42 U.S.C. 300f et seq. authorizes these regulations and all other UIC program regulations referenced in 40 CFR part 144. Certain regulations relating to the injection of hazardous waste are also authorized by the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. | |||
| 40:40:25.0.1.1.9.1.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.3 Definitions. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43161, Aug. 27, 1981; 47 FR 4998, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983; 53 FR 37414, Sept. 26, 1988; 64 FR 68573, Dec. 7, 1999] | The following definitions apply to the underground injection control program. Abandoned well means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes. Administrator means the Administrator of the United States Environmental Protection Agency, or an authorized representative. Application means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. For RCRA, application also includes the information required by the Director under § 122.25 (contents of Part B of the RCRA application). Aquifer means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. Area of review means the area surrounding an injection well described according to the criteria set forth in § 146.06 or in the case of an area permit, the project area plus a circumscribing area the width of which is either 1/4 of a mile or a number calculated according to the criteria set forth in § 146.06. Casing means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole. Catastrophic collapse means the sudden and utter failure of overlying “strata” caused by removal of underlying materials. Cementing means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing. Cesspool means a “drywell” that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides. Confining bed means a body of impe… | |||
| 40:40:25.0.1.1.9.1.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.4 Criteria for exempted aquifers. | EPA | [45 FR 42500, June 24, 1980, as amended at 47 FR 4998, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983; 75 FR 77291, Dec. 10, 2010] | An aquifer or a portion thereof which meets the criteria for an “underground source of drinking water” in § 146.3 may be determined under § 144.7 of this chapter to be an “exempted aquifer” for Class I-V wells if it meets the criteria in paragraphs (a) through (c) of this section. Class VI wells must meet the criteria under paragraph (d) of this section: (a) It does not currently serve as a source of drinking water; and (b) It cannot now and will not in the future serve as a source of drinking water because: (1) It is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible. (2) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; (3) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or (4) It is located over a Class III well mining area subject to subsidence or catastrophic collapse; or (c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system. (d) The areal extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced gas recovery well may be expanded for the exclusive purpose of Class VI injection for geologic sequestration under § 144.7(d) of this chapter if it meets the following criteria: (1) It does not currently serve as a source of drinking water; and (2) The total dissolved solids content of the ground water is more than 3,000 mg/l and less than 10,000 mg/l; and (3) It is not reasonably expected to supply a public water system. | |||
| 40:40:25.0.1.1.9.1.45.5 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.5 Classification of injection wells. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43161, Aug. 27, 1981; 47 FR 4999, Feb. 3, 1982; 64 FR 68573, Dec. 7, 1999; 75 FR 77291, Dec. 10, 2010] | Injection wells are classified as follows: (a) Class I. (1) Wells used by generators of hazardous waste or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation containing, within one quarter ( 1/4 ) mile of the well bore, an underground source of drinking water. (2) Other industrial and municipal disposal wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water. (3) Radioactive waste disposal wells which inject fluids below the lowermost formation containing an underground source of drinking water within one quarter mile of the well bore. (b) Class II. Wells which inject fluids: (1) Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection. (2) For enhanced recovery of oil or natural gas; and (3) For storage of hydrocarbons which are liquid at standard temperature and pressure. (c) Class III. Wells which inject for extraction of minerals including: (1) Mining of sulfur by the Frasch process; (2) In situ production of uranium or other metals. This category includes only in-situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class V. (3) Solution mining of salts or potash. (d) Class IV. (1) Wells used by generators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous waste or radioactive waste into a formation which within one quarter ( 1/4 ) mile of the well contains an underground source of drinking water. (2) Wells used by generators of hazardous waste or of radioactive wa… | |||
| 40:40:25.0.1.1.9.1.45.6 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.6 Area of review. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43161, Aug. 27, 1981; 47 FR 4999, Feb. 3, 1982] | The area of review for each injection well or each field, project or area of the State shall be determined according to either paragraph (a) or (b) of this section. The Director may solicit input from the owners or operators of injection wells within the State as to which method is most appropriate for each geographic area or field. (a) Zone of endangering influence. (1) The zone of endangering influence shall be: (i) In the case of application(s) for well permit(s) under § 122.38 that area the radius of which is the lateral distance in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an underground source of drinking water; or (ii) In the case of an application for an area permit under § 122.39, the project area plus a circumscribing area the width of which is the lateral distance from the perimeter of the project area, in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an underground source of drinking water. (2) Computation of the zone of endangering influence may be based upon the parameters listed below and should be calculated for an injection time period equal to the expected life of the injection well or pattern. The following modified Theis equation illustrates one form which the mathematical model may take. where: r = Radius of endangering influence from injection well (length) k = Hydraulic conductivity of the injection zone (length/time) H = Thickness of the injection zone (length) t = Time of injection (time) S = Storage coefficient (dimensionless) Q = Injection rate (volume/time) h bo = Observed original hydrostatic head of injection zone (length) measured from the base of the lowermost underground source of drinking water h w = Hydrostatic head of underground source of drinking water (length) measured from the base of the lowest underground source of drinking water S p G b = Specific gravity of fluid in the injection zone (dimensionl… | |||
| 40:40:25.0.1.1.9.1.45.7 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.7 Corrective action. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 48 FR 14293, Apr. 1, 1983] | In determining the adequacy of corrective action proposed by the applicant under 40 CFR 144.55 and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the Director: (a) Nature and volume of injected fluid; (b) Nature of native fluids or by-products of injection; (c) Potentially affected population; (d) Geology; (e) Hydrology; (f) History of the injection operation; (g) Completion and plugging records; (h) Abandonment procedures in effect at the time the well was abandoned; and (i) Hydraulic connections with underground sources of drinking water. | |||
| 40:40:25.0.1.1.9.1.45.8 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.8 Mechanical integrity. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 47 FR 4999, Feb. 3, 1982; 58 FR 63898, Dec. 3, 1993] | (a) An injection well has mechanical integrity if: (1) There is no significant leak in the casing, tubing or packer; and (2) There is no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore. (b) One of the following methods must be used to evaluate the absence of significant leaks under paragraph (a)(1) of this section: (1) Following an initial pressure test, monitoring of the tubing-casing annulus pressure with sufficient frequency to be representative, as determined by the Director, while maintaining an annulus pressure different from atmospheric pressure measured at the surface; (2) Pressure test with liquid or gas; or (3) Records of monitoring showing the absence of significant changes in the relationship between injection pressure and injection flow rate for the following Class II enhanced recovery wells: (i) Existing wells completed without a packer provided that a pressure test has been performed and the data is available and provided further that one pressure test shall be performed at a time when the well is shut down and if the running of such a test will not cause further loss of significant amounts of oil or gas; or (ii) Existing wells constructed without a long string casing, but with surface casing which terminates at the base of fresh water provided that local geological and hydrological features allow such construction and provided further that the annular space shall be visually inspected. For these wells, the Director shall prescribe a monitoring program which will verify the absence of significant fluid movement from the injection zone into an USDW. (c) One of the following methods must be used to determine the absence of significant fluid movement under paragraph (a)(2) of this section: (1) The results of a temperature or noise log; or (2) For Class II only, cementing records demonstrating the presence of adequate cement to prevent such migration; or (3) For Class III wells where the nature of the casi… | |||
| 40:40:25.0.1.1.9.1.45.9 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.9 Criteria for establishing permitting priorities. | EPA | [45 FR 42500, June 24, 1980, as amended at 48 FR 14293, Apr. 1, 1983] | In determining priorities for setting times for owners or operators to submit applications for authorization to inject under the procedures of § 144.31 (a), (c), (g) or § 144.22(f), the Director shall base these priorities upon consideration of the following factors: (a) Injection wells known or suspected to be contaminating underground sources of drinking water; (b) Injection wells known to be injecting fluids containing hazardous contaminants; (c) Likelihood of contamination of underground sources of drinking water; (d) Potentially affected population; (e) Injection wells violating existing State requirements; (f) Coordination with the issuance of permits required by other State or Federal permit programs; (g) Age and depth of the injection well; and (h) Expiration dates of existing State permits, if any. | |||
| 40:40:25.0.1.1.9.2.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.11 Criteria and standards applicable to Class I nonhazardous wells. | EPA | [53 FR 28148, July 26, 1988] | This subpart establishes criteria and standards for underground injection control programs to regulate Class I nonhazardous wells. | |||
| 40:40:25.0.1.1.9.2.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.12 Construction requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981] | (a) All Class I wells shall be sited in such a fashion that they inject into a formation which is beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water. (b) All Class I wells shall be cased and cemented to prevent the 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: (1) Depth to the injection zone; (2) Injection pressure, external pressure, internal pressure, and axial loading; (3) Hole size; (4) Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material); (5) Corrosiveness of injected fluid, formation fluids, and temperatures; (6) Lithology of injection and confining intervals; and (7) Type or grade of cement. (c) All Class I injection wells, except those municipal wells injecting non-corrosive wastes, shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service. (1) The use of other alternatives to a packer may be allowed with the written approval of the Director. To obtain approval, the operator shall submit a written request to the Director, which shall set forth the proposed alternative and all technical data supporting its use. The Director shall approve the request if the alternative method will reliably provide a comparable level of protection to underground sources of drinking water. The Director may approve an alternative method solely for an individual well or for general use. (2) In determining and specifying requirements for tubing, packer, or alternatives the following factors shall be considered: (i) Depth of setting; (ii… | |||
| 40:40:25.0.1.1.9.2.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.13 Operating, monitoring and reporting requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 47 FR 32129, July 26, 1982; 53 FR 28148, July 26, 1988] | (a) Operating requirements. Operating requirements shall at a minimum, specify that: (1) Except during stimulation injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case shall injection pressure initiate fractures in the confining zone or cause the movement of injection or formation fluids into an underground source of drinking water. (2) Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited. (3) Unless an alternative to a packer has been approved under § 146.12(c), the annulus between the tubing and the long string of casings shall be filled with a fluid approved by the Director and a pressure, also approved by the Director, shall be maintained on the annulus. (b) Monitoring requirements. Monitoring requirements shall, at a minimum, include: (1) The analysis of the injected fluids with sufficient frequency to yield representative data of their characteristics; (2) Installation and use of continuous recording devices to monitor injection pressure, flow rate and volume, and the pressure on the annulus between the tubing and the long string of casing; (3) A demonstration of mechanical integrity pursuant to § 146.8 at least once every five years during the life of the well; and (4) The type, number and location of wells within the area of review to be used to monitor any migration of fluids into and pressure in the underground sources of drinking water, the parameters to be measured and the frequency of monitoring. (c) Reporting requirements. Reporting requirements shall, at a minimum, include: (1) Quarterly reports to the Director on: (i) The physical, chemical and other relevant characteristics of injection fluids; (ii) Monthly average, maximum and minimum values for injection pressure, flow rate and volume, and annular pressure; a… | |||
| 40:40:25.0.1.1.9.2.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.14 Information to be considered by the Director. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 48 FR 14293, Apr. 1, 1983] | This section sets forth the information which must be considered by the Director in authorizing Class I wells. For an existing or converted new Class I well the Director may rely on the existing permit file for those items of information listed below which are current and accurate in the file. For a newly drilled Class I well, the Director shall require the submission of all the information listed below. For both existing and new Class I 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 I well to operate or the construction or conversion of a new Class I 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(s) 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, 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. Only information of public record is required to be included on this map; (3) A tabulation of data on all wells within the area of review which penetrate into the proposed injection 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) Maps and cross sections indicating the general vertical and lateral limits of all underground sources of drinking water within the a… | |||
| 40:40:25.0.1.1.9.2.45.5 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.15 Class I municipal disposal well alternative authorization in certain parts of Florida. | EPA | [70 FR 70531, Nov. 22, 2005] | (a) Existing Class I municipal disposal wells in specific geographic regions as defined in paragraph (f) of this section may continue to inject without violating the regulatory prohibitions in Parts 144 and 146 of this chapter against the movement of injection or formation fluids into a USDW, provided that such wells meet the requirements of this section, even if the Director determines they have caused or may cause fluid movement into a USDW. Nothing in this section excuses such Class I municipal disposal wells from meeting all other applicable State and Federal requirements including 40 CFR 144.12(a). (b) For purposes of this section, an existing Class I municipal disposal well is defined as a well for which a complete UIC construction permit application was received by the Director on or before December 22, 2005. (c) For purposes of this section, the determination that a Class I municipal disposal well has caused or may cause movement of injection or formation fluids into a USDW may be made by the Director based on any relevant data available to him/her, including ground water monitoring data generated pursuant to regulatory requirements governing operation of Class I municipal disposal wells. (d) In order for a Class I municipal disposal well to qualify for authorization to inject pursuant to paragraph (a) of this section, the Owner/Operator of that well shall: (1) Develop and implement a pretreatment program that is no less stringent than the requirements of Chapter 62-625, Florida Administrative Code, or have no significant industrial users as defined in that chapter. (2) Treat the injectate using secondary treatment in a manner that is no less stringent than the requirements of Florida Rule 62-600.420(1)(d), and using high-level disinfection in a manner that is no less stringent than the requirements of Florida Rule 62-600.440(5)(a)-(f), within five years after notification by the Director that the well has caused or may cause fluid movement into a USDW. (e) Where the Director issued such notice for … | |||
| 40:40:25.0.1.1.9.2.45.6 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.16 Requirements for new Class I municipal wells in certain parts of Florida. | EPA | [70 FR 70532, Nov. 22, 2005] | Prior to commencing injection, any Class I municipal disposal well in one of the counties identified in § 146.15(f) that is not an existing Class I municipal disposal well as defined in § 146.15(b) of this section shall meet all of the requirements for existing wells seeking authorization to inject pursuant to § 146.15. | |||
| 40:40:25.0.1.1.9.3.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | C | Subpart C—Criteria and Standards Applicable to Class II Wells | § 146.21 Applicability. | EPA | This subpart establishes criteria and standards for underground injection control programs to regulate Class II wells. | ||||
| 40:40:25.0.1.1.9.3.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | C | Subpart C—Criteria and Standards Applicable to Class II Wells | § 146.22 Construction requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 47 FR 5000, Feb. 3, 1982] | (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 t… | |||
| 40:40:25.0.1.1.9.3.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | C | Subpart C—Criteria and Standards Applicable to Class II Wells | § 146.23 Operating, monitoring, and reporting requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 47 FR 5000, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983; 48 FR 31404, July 8, 1983] | (a) Operating requirements. Operating requirements shall, at a minimum, specify that: (1) Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the confining zone adjacent to the USDWs. In no case shall injection pressure cause the movement of injection or formation fluids into an underground source of drinking water (2) Injection between the outermost casing protecting underground sources of drinking water and the well bore shall be prohibited. (b) Monitoring requirements. Monitoring requirements shall, at a minimum, include: (1) Monitoring of the nature of injected fluids at time intervals sufficiently frequent to yield data representative of their characteristics; (2) Observation of injection pressure, flow rate, and cumulative volume at least with the following frequencies: (i) Weekly for produced fluid disposal operations; (ii) Monthly for enhanced recovery operations; (iii) Daily during the injection of liquid hydrocarbons and injection for withdrawal of stored hydrocarbons; and (iv) Daily during the injection phase of cyclic steam operations And recording of one observation of injection pressure, flow rate and cumulative volume at reasonable intervals no greater than 30 days. (3) A demonstration of mechanical integrity pursuant to § 146.8 at least once every five years during the life of the injection well; (4) Maintenance of the results of all monitoring until the next permit review (see 40 CFR 144.52(a)(5)); and (5) Hydrocarbon storage and enhanced recovery may be monitored on a field or project basis rather than on an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to indi… | |||
| 40:40:25.0.1.1.9.3.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | C | Subpart C—Criteria and Standards Applicable to Class II Wells | § 146.24 Information to be considered by the Director. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 47 FR 5000, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983] | This section sets forth the information which must be considered by the Director in authorizing Class II 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 is to be submitted to the Administrator. (a) Prior to the issuance of a permit for an existing Class II well to operate or the construction or conversion of a new Class II 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, 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 suspended. Only information of public record and pertinent information known to the applicant is required to be included on this map. This requirement does not apply to existing Class II wells; and (3) A tabulation of data reasonably available from public records or otherwise known to the applicant on all wells within the area of review included on the map required under paragraph (a)(2) of this section which penetrate the proposed injection zone or, in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review which penetrate formations affected by the increase in pressure. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and complete, and any additional inf… | |||
| 40:40:25.0.1.1.9.4.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | D | Subpart D—Criteria and Standards Applicable to Class III Wells | § 146.31 Applicability. | EPA | This subpart establishes criteria and standards for underground injection control programs to regulate Class III wells. | ||||
| 40:40:25.0.1.1.9.4.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | D | Subpart D—Criteria and Standards Applicable to Class III Wells | § 146.32 Construction requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43163, Aug. 27, 1981; 47 FR 5000, Feb. 3, 1982] | (a) All new Class III wells shall be cased and cemented to prevent the migration of fluids into or between underground sources of drinking water. The Director may waive the cementing requirement for new wells in existing projects or portions of existing projects where he has substantial evidence that no contamination of underground sources of drinking water would result. 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: (1) Depth to the injection zone; (2) Injection pressure, external pressure, internal pressure, axial loading, etc.; (3) Hole size; (4) Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material); (5) Corrosiveness of injected fluids and formation fluids; (6) Lithology of injection and confining zones; and (7) Type and grade of cement. (b) Appropriate logs and other tests shall be conducted during the drilling and construction of new Class III wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the Director. The logs and tests appropriate to each type of Class III well shall be determined based on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information that may arise from time to time as the construction of the well progresses. Deviation checks shall be conducted on all holes where pilot holes and reaming are used, unless the hole will be cased and cemented by circulating cement to the surface. Where deviation checks are necessary they shall be conducted at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drillings. (c) Where the … | |||
| 40:40:25.0.1.1.9.4.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | D | Subpart D—Criteria and Standards Applicable to Class III Wells | § 146.33 Operating, monitoring, and reporting requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43163, Aug. 27, 1981; 46 FR 5001, Feb. 3, 1982; 48 FR 31404, July 8, 1983] | (a) Operating requirements. Operating requirements prescribed shall, at a minimum, specify that: (1) Except during well stimulation injection pressure at the wellhead shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case, shall injection pressure initiate fractures in the confining zone or cause the migration of injection or formation fluids into an underground source of drinking water. (2) Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited. (b) Monitoring requirements. Monitoring requirements shall, at a minimum, specify: (1) Monitoring of the nature of injected fluids with sufficient frequency to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis required by § 146.34(a)(7)(iii) is incorrect or incomplete, a new analysis as required by § 146.34(a)(7)(iii) shall be provided to the Director. (2) Monitoring of injection pressure and either flow rate or volume semi-monthly, or metering and daily recording of injected and produced fluid volumes as appropriate. (3) Demonstration of mechanical integrity pursuant to § 146.08 at least once every five years during the life of the well for salt solution mining. (4) Monitoring of the fluid level in the injection zone semi-monthly, where appropriate and monitoring of the parameters chosen to measure water quality in the monitoring wells required by § 146.32(e), semi-monthly. (5) Quarterly monitoring of wells required by § 146.32(g). (6) All Class III wells may be monitored on a field or project basis rather than an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates … | |||
| 40:40:25.0.1.1.9.4.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | D | Subpart D—Criteria and Standards Applicable to Class III Wells | § 146.34 Information to be considered by the Director. | EPA | [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] | 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 i… | |||
| 40:40:25.0.1.1.9.6.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | F | Subpart F—Criteria and Standards Applicable to Class V Injection Wells | § 146.51 Applicability. | EPA | [45 FR 42500, June 24, 1980, as amended at 47 FR 5001, Feb. 3, 1982] | This subpart sets forth criteria and standards for underground injection control programs to regulate all injection not regulated in subparts B, C, D, and E. (a) Generally, wells covered by this subpart inject non-hazardous fluids into or above formations that contain underground sources of drinking water. It includes all wells listed in § 146.5(e) but is not limited to those types of injection wells. (b) It also includes wells not covered in Class IV that inject radioactive material listed in 10 CFR part 20, appendix B, table II, column 2. | |||
| 40:40:25.0.1.1.9.7.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.61 Applicability. | EPA | (a) This subpart establishes criteria and standards for underground injection control programs to regulate Class I hazardous waste injection wells. Unless otherwise noted this subpart supplements the requirements of subpart A and applies instead of subpart B to Class I hazardous waste injection wells. (b) Definitions. Cone of influence means that area around the well within which increased injection zone pressures caused by injection into the hazardous waste injection well would be sufficient to drive fluids into an underground source of drinking water (USDW). Existing well means a Class I well which was authorized prior to August 25, 1988, by an approved State program, or an EPA-administered program or a well which has become a Class I well as a result of a change in the definition of the injected waste which would render the waste hazardous under § 261.3 of this part. Injection interval means that part of the injection zone in which the well is screened, or in which the waste is otherwise directly emplaced. New well means any Class I hazardous waste injection well which is not an existing well. Transmissive fault or fracture is a fault or fracture that has sufficient permeability and vertical extent to allow fluids to move between formations. | ||||
| 40:40:25.0.1.1.9.7.45.10 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.70 Information to be evaluated by the Director. | EPA | 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 § 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, constructio… | ||||
| 40:40:25.0.1.1.9.7.45.11 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.71 Closure. | EPA | (a) Closure Plan. The owner or operator of a Class I hazardous waste injection well shall prepare, maintain, and comply with a plan for closure of the well that meets the requirements of paragraph (d) of this section and is acceptable to the Director. The obligation to implement the closure plan survives the termination of a permit or the cessation of injection activities. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. (1) The owner or operator shall submit the plan as a part of the permit application and, upon approval by the Director, such plan shall be a condition of any permit issued. (2) The owner or operator shall submit any proposed significant revision to the method of closure reflected in the plan for approval by the Director no later than the date on which notice of closure is required to be submitted to the Director under paragraph (b) of this section. (3) The plan shall assure financial responsibility as required in § 144.52(a)(7). (4) The plan shall include the following information: (i) The type and number of plugs to be used; (ii) The placement of each plug including the elevation of the top and bottom of each plug; (iii) The type and grade and quantity of material to be used in plugging; (iv) The method of placement of the plugs; (v) Any proposed test or measure to be made; (vi) The amount, size, and location (by depth) of casing and any other materials to be left in the well; (vii) The method and location where casing is to be parted, if applicable; (viii) The procedure to be used to meet the requirements of paragraph (d)(5) of this section; (ix) The estimated cost of closure; and (x) Any proposed test or measure to be made. (5) The Director may modify a closure plan following the procedures of § 124.5. (6) An owner or operator of a Class I hazardous waste injection well who ceases injection temporarily, may keep the well open provided he: (i) Has received authorization from … | ||||
| 40:40:25.0.1.1.9.7.45.12 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.72 Post-closure care. | EPA | (a) The owner or operator of a Class I hazardous waste well shall prepare, maintain, and comply with a plan for post-closure care that meets the requirements of paragraph (b) of this section and is acceptable to the Director. The obligation to implement the post-closure plan survives the termination of a permit or the cessation of injection activities. The requirement to maintain an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. (1) The owner or operator shall submit the plan as a part of the permit application and, upon approval by the Director, such plan shall be a condition of any permit issued. (2) The owner or operator shall submit any proposed significant revision to the plan as appropriate over the life of the well, but no later than the date of the closure report required under § 146.71(c). (3) The plan shall assure financial responsibility as required in § 146.73. (4) The plan shall include the following information: (i) The pressure in the injection zone before injection began; (ii) The anticipated pressure in the injection zone at the time of closure; (iii) The predicted time until pressure in the injection zone decays to the point that the well's cone of influence no longer intersects the base of the lowermost USDW; (iv) Predicted position of the waste front at closure; (v) The status of any cleanups required under § 146.64; and (vi) The estimated cost of proposed post-closure care. (5) At the request of the owner or operator, or on his own initiative, the Director may modify the post-closure plan after submission of the closure report following the procedures in § 124.5. (b) The owner or operator shall: (1) Continue and complete any cleanup action required under § 146.64, if applicable; (2) Continue to conduct any groundwater monitoring required under the permit until pressure in the injection zone decays to the point that the well's cone of influence no longer intersects the base of the lowermost USDW. The Director may extend t… | ||||
| 40:40:25.0.1.1.9.7.45.13 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.73 Financial responsibility for post-closure care. | EPA | The owner or operator shall demonstrate and maintain financial responsibility for post-closure by using a trust fund, surety bond, letter of credit, financial test, insurance or corporate guarantee that meets the specifications for the mechanisms and instruments revised as appropriate to cover closure and post-closure care in 40 CFR part 144, subpart F. The amount of the funds available shall be no less than the amount identified in § 146.72(a)(4)(vi). The obligation to maintain financial responsibility for post-closure care survives the termination of a permit or the cessation of injection. The requirement to maintain financial responsibility is enforceable regardless of whether the requirement is a condition of the permit. | ||||
| 40:40:25.0.1.1.9.7.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.62 Minimum criteria for siting. | EPA | (a) All Class I hazardous waste injection wells shall be sited such that they inject into a formation that is beneath the lowermost formation containing within one quarter mile of the well bore an underground source of drinking water. (b) The siting of Class I hazardous waste injection wells shall be limited to areas that are geologically suitable. The Director shall determine geologic suitability based upon: (1) An analysis of the structural and stratigraphic geology, the hydrogeology, and the seismicity of the region; (2) An analysis of the local geology and hydrogeology of the well site, including, at a minimum, detailed information regarding stratigraphy, structure and rock properties, aquifer hydrodynamics and mineral resources; and (3) A determination that the geology of the area can be described confidently and that limits of waste fate and transport can be accurately predicted through the use of models. (c) Class I hazardous waste injection wells shall be sited such that: (1) The injection zone has sufficient permeability, porosity, thickness and areal extent to prevent migration of fluids into USDWs. (2) The confining zone: (i) Is laterally continuous and free of transecting, transmissive faults or fractures over an area sufficient to prevenet the movement of fluids into a USDW; and (ii) Contains at least one formation of sufficient thickness and with lithologic and stress characteristics capable of preventing vertical propagation of fractures. (d) The owner or operator shall demonstrate to the satisfaction of the Director that: (1) The confining zone is separated from the base of the lowermost USDW by at least one sequence of permeable and less permeable strata that will provide an added layer of protection for the USDW in the event of fluid movement in an unlocated borehole or transmissive fault; or (2) Within the area of review, the piezometric surface of the fluid in the injection zone is less than the piezometric surface of the lowermost USDW, considering density effects, injection press… | ||||
| 40:40:25.0.1.1.9.7.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.63 Area of review. | EPA | For the purposes of Class I hazardous waste wells, this section shall apply to the exclusion of § 146.6. The area of review for Class I hazardous waste injection wells shall be a 2-mile radius around the well bore. The Director may specify a larger area of review based on the calculated cone of influence of the well. | ||||
| 40:40:25.0.1.1.9.7.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.64 Corrective action for wells in the area of review. | EPA | For the purposes of Class I hazardous waste wells, this section shall apply to the exclusion of §§ 144.55 and 146.07. (a) The owner or operator of a Class I hazardous waste well shall as part of the permit application submit a plan to the Director outlining the protocol used to: (1) Identify all wells penetrating the confining zone or injection zone within the area of review; and (2) Determine whether wells are adequately completed or plugged. (b) The owner or operator of a Class I hazardous waste well shall identify the location of all wells within the area of review that penetrate the injection zone or the confining zone and shall submit as required in § 146.70(a): (1) A tabulation of all wells within the area of review that penetrate the injection zone or the confining zone; and (2) A description of each well or type of well and any records of its plugging or completion. (c) For wells that the Director determines are improperly plugged, completed, or abandoned, or for which plugging or completion information is unavailable, the applicant shall also submit a plan consisting of such steps or modification as are necessary to prevent movement of fluids into or between USDWs. Where the plan is adequate, the Director shall incorporate it into the permit as a condition. Where the Director's review of an application indicates that the permittee's plan is inadequate (based at a minimum on the factors in paragraph (e) of this section), the Director shall: (1) Require the applicant to revise the plan; (2) Prescribe a plan for corrective action as a condition of the permit; or (3) Deny the application. (d) Requirements: (1) Existing injection wells. Any permit issued for an existing Class I hazardous waste injection well requiring corrective action other than pressure limitations shall include a compliance schedule requiring any corrective action accepted or prescribed under paragraph (c) of this section. Any such compliance schedule shall provide for compliance no later than 2 years following issuance of the … | ||||
| 40:40:25.0.1.1.9.7.45.5 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.65 Construction requirements. | EPA | (a) General. All existing and new Class I hazardous waste injection wells shall be constructed and completed to: (1) Prevent the movement of fluids into or between USDWs or into any unauthorized zones; (2) Permit the use of appropriate testing devices and workover tools; and (3) Permit continuous monitoring of injection tubing and long string casing as required pursuant to § 146.67(f). (b) Compatibility. All well materials must be compatible with fluids with which the materials may be expected to come into contact. A well shall be deemed to have compatibility as long as the materials used in the construction of the well meet or exceed standards developed for such materials by the American Petroleum Institute, The American Society for Testing Materials, or comparable standards acceptable to the Director. (c) Casing and Cementing of New Wells. (1) Casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well, including the post-closure care period. The casing and cementing program shall be designed to prevent the movement of fluids into or between USDWs, and to prevent potential leaks of fluids from the well. In determining and specifying casing and cementing requirements, the Director shall consider the following information as required by § 146.70: (i) Depth to the injection zone; (ii) Injection pressure, external pressure, internal pressure and axial loading; (iii) Hole size; (iv) Size and grade of all casing strings (well thickness, diameter, nominal weight, length, joint specification and construction material); (v) Corrosiveness of injected fluid, formation fluids and temperature; (vi) Lithology of injection and confining zones; (vii) Type or grade of cement; and (viii) Quantity and chemical composition of the injected fluid. (2) One surface casing string shall, at a minimum, extend into the confining bed below the lowest formation that contains a USDW and be cemented by circulating cement from the base of the casing to the surf… | ||||
| 40:40:25.0.1.1.9.7.45.6 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.66 Logging, sampling, and testing prior to new well operation. | EPA | (a) During the drilling and construction of a new Class I hazardous waste injection well, appropriate logs and tests shall be run to determine or verify the depth, thickness, porosity, permeability, and rock type of, and the salinity of any entrained fluids in, all relevant geologic units to assure conformance with performance standards in § 146.65, and to establish accurate baseline data against which future measurements may be compared. A descriptive report interpreting results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the Director. At a minimum, such logs and tests shall include: (1) Deviation checks during drilling on all holes constructed by drilling a pilot hole which are enlarged by reaming or another method. Such checks shall be at sufficiently frequent intervals to determine the location of the borehole and to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling; and (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. At a minimum, the following logs shall be required in the following situations: (i) Upon installation of the surface casing: (A) Resistivity, spontaneous potential, and caliper logs before the casing is installed; and (B) A cement bond and variable density log, and a temperature log after the casing is set and cemented. (ii) Upon installation of the long string casing: (A) Resistivity, spontaneous potential, porosity, caliper, gamma ray, and fracture finder logs before the casing is installed; and (B) A cement bond and variable density log, and a temperature log after the casing is set and cemented. (iii) The Director may allow the use of an alternative to the above logs when an alternative will provide equivalent or better information; and (3) A mechani… | ||||
| 40:40:25.0.1.1.9.7.45.7 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.67 Operating requirements. | EPA | (a) Except during stimulation, the owner or operator shall assure that injection pressure at the wellhead does not exceed a maximum which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. The owner or operator shall assure that the injection pressure does not initiate fractures or propagate existing fractures in the confining zone, nor cause the movement of injection or formation fluids into a USDW. (b) Injection between the outermost casing protecting USDWs and the well bore is prohibited. (c) The owner or operator shall maintain an annulus pressure that exceeds the operating injection pressure, unless the Director determines that such a requirement might harm the integrity of the well. The fluid in the annulus shall be noncorrosive, or shall contain a corrosion inhibitor. (d) The owner or operator shall maintain mechanical integrity of the injection well at all times. (e) Permit requirements for owners or operators of hazardous waste wells which inject wastes which have the potential to react with the injection formation to generate gases shall include: (1) Conditions limiting the temperature, pH or acidity of the injected waste; and (2) Procedures necessary to assure that pressure imbalances which might cause a backflow or blowout do not occur. (f) The owner or operator shall install and use continuous recording devices to monitor: the injection pressure; the flow rate, volume, and temperature of injected fluids; and the pressure on the annulus between the tubing and the long string casing, and shall install and use: (1) Automatic alarm and automatic shut-off systems, designed to sound and shut-in the well when pressures and flow rates or other parameters approved by the Director exceed a range and/or gradient specified in the permit; or (2) Automatic alarms, designed to sound when the pressures and flow rates or other parameters approved by the Director exceed a rate and/o… | ||||
| 40:40:25.0.1.1.9.7.45.8 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.68 Testing and monitoring requirements. | EPA | [53 FR 28148, July 26, 1988, as amended at 57 FR 46294, Oct. 7, 1992] | Testing and monitoring requirements shall at a minimum include: (a) Monitoring of the injected wastes. (1) The owner or operator shall develop and follow an approved written waste analysis plan that describes the procedures to be carried out to obtain a detailed chemical and physical analysis of a representative sample of the waste, including the quality assurance procedures used. At a minimum, the plan shall specify: (i) The paramenters for which the waste will be analyzed and the rationale for the selection of these parameters; (ii) The test methods that will be used to test for these parameters; and (iii) The sampling method that will be used to obtain a representative sample of the waste to be analyzed. (2) The owner or operator shall repeat the analysis of the injected wastes as described in the waste analysis plan at frequencies specified in the waste analysis plan and when process or operating changes occur that may significantly alter the characteristics of the waste stream. (3) The owner or operator shall conduct continuous or periodic monitoring of selected parameters as required by the Director. (4) The owner or operator shall assure that the plan remains accurate and the analyses remain representative. (b) Hydrogeologic compatibility determination. The owner or operator shall submit information demonstrating to the satisfaction of the Director that the waste stream and its anticipated reaction products will not alter the permeability, thickness or other relevant characteristics of the confining or injection zones such that they would no longer meet the requirements specified in § 146.62. (c) Compatibility of well materials. (1) The owner or operator shall demonstrate that the waste stream will be compatible with the well materials with which the waste is expected to come into contact, and submit to the Director a description of the methodology used to make that determination. Compatibility for purposes of this requirement is established if contact with injected fluids will not cause the well … | |||
| 40:40:25.0.1.1.9.7.45.9 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | G | Subpart G—Criteria and Standards Applicable to Class I Hazardous Waste Injection Wells | § 146.69 Reporting requirements. | EPA | Reporting requirements shall, at a minimum, include: (a) Quarterly reports to the Director containing: (1) The maximum injection pressure; (2) A description of any event that exceeds operating parameters for annulus pressure or injection pressure as specified in the permit; (3) A description of any event which triggers an alarm or shutdown device required pursuant to § 146.67(f) and the response taken; (4) The total volume of fluid injected; (5) Any change in the annular fluid volume; (6) The physical, chemical and other relevant characteristics of injected fluids; and (7) The results of monitoring prescribed under § 146.68. (b) Reporting, within 30 days or with the next quarterly report whichever comes later, the results of: (1) Periodic tests of mechanical integrity; (2) Any other test of the injection well conducted by the permittee if required by the Director; and (3) Any well workover. | ||||
| 40:40:25.0.1.1.9.8.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.81 Applicability. | EPA | (a) This subpart establishes criteria and standards for underground injection control programs to regulate any Class VI carbon dioxide geologic sequestration injection wells. (b) This subpart applies to any wells used to inject carbon dioxide specifically for the purpose of geologic sequestration, i.e., the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations. (c) This subpart also applies to owners or operators of permit- or rule-authorized Class I, Class II, or Class V experimental carbon dioxide injection projects who seek to apply for a Class VI geologic sequestration permit for their well or wells. Owners or operators seeking to convert existing Class I, Class II, or Class V experimental wells to Class VI geologic sequestration wells must demonstrate to the Director that the wells were engineered and constructed to meet the requirements at § 146.86(a) and ensure protection of USDWs, in lieu of requirements at §§ 146.86(b) and 146.87(a). By December 10, 2011, owners or operators of either Class I wells previously permitted for the purpose of geologic sequestration or Class V experimental technology wells no longer being used for experimental purposes that will continue injection of carbon dioxide for the purpose of GS must apply for a Class VI permit. A converted well must still meet all other requirements under part 146. (d) Definitions. The following definitions apply to this subpart. To the extent that these definitions conflict with those in § 144.3 or § 146.3 of this chapter these definitions govern for Class VI wells: Area of review means the region surrounding the geologic sequestration project where USDWs may be endangered by the injection activity. The area of review is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and displaced fluids, and is based on available site characterization, monitoring, and operational data as set forth… | ||||
| 40:40:25.0.1.1.9.8.45.10 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.90 Testing and monitoring requirements. | EPA | The owner or operator of a Class VI well must prepare, maintain, and comply with a testing and monitoring plan to verify that the geologic sequestration project is operating as permitted and is not endangering USDWs. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The testing and monitoring plan must be submitted with the permit application, for Director approval, and must include a description of how the owner or operator will meet the requirements of this section, including accessing sites for all necessary monitoring and testing during the life of the project. Testing and monitoring associated with geologic sequestration projects must, at a minimum, include: (a) Analysis of the carbon dioxide stream with sufficient frequency to yield data representative of its chemical and physical characteristics; (b) Installation and use, except during well workovers as defined in § 146.88(d), of continuous recording devices to monitor injection pressure, rate, and volume; the pressure on the annulus between the tubing and the long string casing; and the annulus fluid volume added; (c) Corrosion monitoring of the well materials for loss of mass, thickness, cracking, pitting, and other signs of corrosion, which must be performed on a quarterly basis to ensure that the well components meet the minimum standards for material strength and performance set forth in § 146.86(b), by: (1) Analyzing coupons of the well construction materials placed in contact with the carbon dioxide stream; or (2) Routing the carbon dioxide stream through a loop constructed with the material used in the well and inspecting the materials in the loop; or (3) Using an alternative method approved by the Director; (d) Periodic monitoring of the ground water quality and geochemical changes above the confining zone(s) that may be a result of carbon dioxide movement through the confining zone(s) or additional identified zones including: (1) The locat… | ||||
| 40:40:25.0.1.1.9.8.45.11 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.91 Reporting requirements. | EPA | The owner or operator must, at a minimum, provide, as specified in paragraph (e) of this section, the following reports to the Director, for each permitted Class VI well: (a) Semi-annual reports containing: (1) Any changes to the physical, chemical, and other relevant characteristics of the carbon dioxide stream from the proposed operating data; (2) Monthly average, maximum, and minimum values for injection pressure, flow rate and volume, and annular pressure; (3) A description of any event that exceeds operating parameters for annulus pressure or injection pressure specified in the permit; (4) A description of any event which triggers a shut-off device required pursuant to § 146.88(e) and the response taken; (5) The monthly volume and/or mass of the carbon dioxide stream injected over the reporting period and the volume injected cumulatively over the life of the project; (6) Monthly annulus fluid volume added; and (7) The results of monitoring prescribed under § 146.90. (b) Report, within 30 days, the results of: (1) Periodic tests of mechanical integrity; (2) Any well workover; and, (3) Any other test of the injection well conducted by the permittee if required by the Director. (c) Report, within 24 hours: (1) Any evidence that the injected carbon dioxide stream or associated pressure front may cause an endangerment to a USDW; (2) Any noncompliance with a permit condition, or malfunction of the injection system, which may cause fluid migration into or between USDWs; (3) Any triggering of a shut-off system ( i.e., down-hole or at the surface); (4) Any failure to maintain mechanical integrity; or. (5) Pursuant to compliance with the requirement at § 146.90(h) for surface air/soil gas monitoring or other monitoring technologies, if required by the Director, any release of carbon dioxide to the atmosphere or biosphere. (d) Owners or operators must notify the Director in writing 30 days in advance of: (1) Any planned well workover; (2) Any planned stimulation activities, other than stimulation … | ||||
| 40:40:25.0.1.1.9.8.45.12 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.92 Injection well plugging. | EPA | (a) Prior to the well plugging, the owner or operator must flush each Class VI injection well with a buffer fluid, determine bottomhole reservoir pressure, and perform a final external mechanical integrity test. (b) Well plugging plan. The owner or operator of a Class VI well must prepare, maintain, and comply with a plan that is acceptable to the Director. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The well plugging plan must be submitted as part of the permit application and must include the following information: (1) Appropriate tests or measures for determining bottomhole reservoir pressure; (2) Appropriate testing methods to ensure external mechanical integrity as specified in § 146.89; (3) The type and number of plugs to be used; (4) The placement of each plug, including the elevation of the top and bottom of each plug; (5) The type, grade, and quantity of material to be used in plugging. The material must be compatible with the carbon dioxide stream; and (6) The method of placement of the plugs. (c) Notice of intent to plug. The owner or operator must notify the Director in writing pursuant to § 146.91(e), at least 60 days before plugging of a well. At this time, if any changes have been made to the original well plugging plan, the owner or operator must also provide the revised well plugging plan. The Director may allow for a shorter notice period. Any amendments to the injection well plugging plan must be approved by the Director, must be incorporated into the permit, and are subject to the permit modification requirements at § 144.39 or § 144.41 of this chapter, as appropriate. (d) Plugging report. Within 60 days after plugging, the owner or operator must submit, pursuant to § 146.91(e), a plugging report to the Director. The report must be certified as accurate by the owner or operator and by the person who performed the plugging operation (if other than the owner or operator.) The… | ||||
| 40:40:25.0.1.1.9.8.45.13 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.93 Post-injection site care and site closure. | EPA | (a) The owner or operator of a Class VI well must prepare, maintain, and comply with a plan for post-injection site care and site closure that meets the requirements of paragraph (a)(2) of this section and is acceptable to the Director. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. (1) The owner or operator must submit the post-injection site care and site closure plan as a part of the permit application to be approved by the Director. (2) The post-injection site care and site closure plan must include the following information: (i) The pressure differential between pre-injection and predicted post-injection pressures in the injection zone(s); (ii) The predicted position of the carbon dioxide plume and associated pressure front at site closure as demonstrated in the area of review evaluation required under § 146.84(c)(1); (iii) A description of post-injection monitoring location, methods, and proposed frequency; (iv) A proposed schedule for submitting post-injection site care monitoring results to the Director pursuant to § 146.91(e); and, (v) The duration of the post-injection site care timeframe and, if approved by the Director, the demonstration of the alternative post-injection site care timeframe that ensures non-endangerment of USDWs. (3) Upon cessation of injection, owners or operators of Class VI wells must either submit an amended post-injection site care and site closure plan or demonstrate to the Director through monitoring data and modeling results that no amendment to the plan is needed. Any amendments to the post-injection site care and site closure plan must be approved by the Director, be incorporated into the permit, and are subject to the permit modification requirements at § 144.39 or § 144.41 of this chapter, as appropriate. (4) At any time during the life of the geologic sequestration project, the owner or operator may modify and resubmit the post-injection site care and site clos… | ||||
| 40:40:25.0.1.1.9.8.45.14 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.94 Emergency and remedial response. | EPA | (a) As part of the permit application, the owner or operator must provide the Director with an emergency and remedial response plan that describes actions the owner or operator must take to address movement of the injection or formation fluids that may cause an endangerment to a USDW during construction, operation, and post-injection site care periods. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. (b) If the owner or operator obtains evidence that the injected carbon dioxide stream and associated pressure front may cause an endangerment to a USDW, the owner or operator must: (1) Immediately cease injection; (2) Take all steps reasonably necessary to identify and characterize any release; (3) Notify the Director within 24 hours; and (4) Implement the emergency and remedial response plan approved by the Director. (c) The Director may allow the operator to resume injection prior to remediation if the owner or operator demonstrates that the injection operation will not endanger USDWs. (d) The owner or operator shall periodically review the emergency and remedial response plan developed under paragraph (a) of this section. In no case shall the owner or operator review the emergency and remedial response plan less often than once every five years. Based on this review, the owner or operator shall submit an amended emergency and remedial response plan or demonstrate to the Director that no amendment to the emergency and remedial response plan is needed. Any amendments to the emergency and remedial response plan must be approved by the Director, must be incorporated into the permit, and are subject to the permit modification requirements at § 144.39 or § 144.41 of this chapter, as appropriate. Amended plans or demonstrations shall be submitted to the Director as follows: (1) Within one year of an area of review reevaluation; (2) Following any significant changes to the facility, such as addition of injection … | ||||
| 40:40:25.0.1.1.9.8.45.15 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.95 Class VI injection depth waiver requirements. | EPA | This section sets forth information which an owner or operator seeking a waiver of the Class VI injection depth requirements must submit to the Director; information the Director must consider in consultation with all affected Public Water System Supervision Directors; the procedure for Director—Regional Administrator communication and waiver issuance; and the additional requirements that apply to owners or operators of Class VI wells granted a waiver of the injection depth requirements. (a) In seeking a waiver of the requirement to inject below the lowermost USDW, the owner or operator must submit a supplemental report concurrent with permit application. The supplemental report must include the following, (1) A demonstration that the injection zone(s) is/are laterally continuous, is not a USDW, and is not hydraulically connected to USDWs; does not outcrop; has adequate injectivity, volume, and sufficient porosity to safely contain the injected carbon dioxide and formation fluids; and has appropriate geochemistry. (2) A demonstration that the injection zone(s) is/are bounded by laterally continuous, impermeable confining units above and below the injection zone(s) adequate to prevent fluid movement and pressure buildup outside of the injection zone(s); and that the confining unit(s) is/are free of transmissive faults and fractures. The report shall further characterize the regional fracture properties and contain a demonstration that such fractures will not interfere with injection, serve as conduits, or endanger USDWs. (3) A demonstration, using computational modeling, that USDWs above and below the injection zone will not be endangered as a result of fluid movement. This modeling should be conducted in conjunction with the area of review determination, as described in § 146.84, and is subject to requirements, as described in § 146.84(c), and periodic reevaluation, as described in § 146.84(e). (4) A demonstration that well design and construction, in conjunction with the waiver, will ensure isolation of the… | ||||
| 40:40:25.0.1.1.9.8.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.82 Required Class VI permit information. | EPA | This section sets forth the information which must be considered by the Director in authorizing Class VI wells. For converted Class I, Class II, or Class V experimental 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, and sufficiently identified to be retrieved. In cases where EPA issues the permit, all the information in this section must be submitted to the Regional Administrator. (a) Prior to the issuance of a permit for the construction of a new Class VI well or the conversion of an existing Class I, Class II, or Class V well to a Class VI well, the owner or operator shall submit, pursuant to § 146.91(e), and the Director shall consider the following: (1) Information required in § 144.31(e)(1) through (6) of this chapter; (2) A map showing the injection well for which a permit is sought and the applicable area of review consistent with § 146.84. Within the area of review, the map must show the number or name, and location of all injection wells, producing wells, abandoned wells, plugged wells or dry holes, deep stratigraphic boreholes, State- or EPA-approved subsurface cleanup sites, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells, other pertinent surface features including structures intended for human occupancy, State, Tribal, and Territory boundaries, and roads. The map should also show faults, if known or suspected. Only information of public record is required to be included on this map; (3) Information on the geologic structure and hydrogeologic properties of the proposed storage site and overlying formations, including: (i) Maps and cross sections of the area of review; (ii) The location, orientation, and properties of known or suspected faults and fractures that may transect the confining zone(s) in the area of review and a determination that they would not interfere with containment; (iii) Data on… | ||||
| 40:40:25.0.1.1.9.8.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.83 Minimum criteria for siting. | EPA | (a) Owners or operators of Class VI wells must demonstrate to the satisfaction of the Director that the wells will be sited in areas with a suitable geologic system. The owners or operators must demonstrate that the geologic system comprises: (1) An injection zone(s) of sufficient areal extent, thickness, porosity, and permeability to receive the total anticipated volume of the carbon dioxide stream; (2) Confining zone(s) free of transmissive faults or fractures and of sufficient areal extent and integrity to contain the injected carbon dioxide stream and displaced formation fluids and allow injection at proposed maximum pressures and volumes without initiating or propagating fractures in the confining zone(s). (b) The Director may require owners or operators of Class VI wells to identify and characterize additional zones that will impede vertical fluid movement, are free of faults and fractures that may interfere with containment, allow for pressure dissipation, and provide additional opportunities for monitoring, mitigation, and remediation. | ||||
| 40:40:25.0.1.1.9.8.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.84 Area of review and corrective action. | EPA | (a) The area of review is the region surrounding the geologic sequestration project where USDWs may be endangered by the injection activity. The area of review is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and is based on available site characterization, monitoring, and operational data. (b) The owner or operator of a Class VI well must prepare, maintain, and comply with a plan to delineate the area of review for a proposed geologic sequestration project, periodically reevaluate the delineation, and perform corrective action that meets the requirements of this section and is acceptable to the Director. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. As a part of the permit application for approval by the Director, the owner or operator must submit an area of review and corrective action plan that includes the following information: (1) The method for delineating the area of review that meets the requirements of paragraph (c) of this section, including the model to be used, assumptions that will be made, and the site characterization data on which the model will be based; (2) A description of: (i) The minimum fixed frequency, not to exceed five years, at which the owner or operator proposes to reevaluate the area of review; (ii) The monitoring and operational conditions that would warrant a reevaluation of the area of review prior to the next scheduled reevaluation as determined by the minimum fixed frequency established in paragraph (b)(2)(i) of this section. (iii) How monitoring and operational data (e.g., injection rate and pressure) will be used to inform an area of review reevaluation; and (iv) How corrective action will be conducted to meet the requirements of paragraph (d) of this section, including what corrective action will be performed prior to injection and what, if any, portions of the area … | ||||
| 40:40:25.0.1.1.9.8.45.5 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.85 Financial responsibility. | EPA | (a) The owner or operator must demonstrate and maintain financial responsibility as determined by the Director that meets the following conditions: (1) The financial responsibility instrument(s) used must be from the following list of qualifying instruments: (i) Trust Funds. (ii) Surety Bonds. (iii) Letter of Credit. (iv) Insurance. (v) Self Insurance ( i.e., Financial Test and Corporate Guarantee). (vi) Escrow Account. (vii) Any other instrument(s) satisfactory to the Director. (2) The qualifying instrument(s) must be sufficient to cover the cost of: (i) Corrective action (that meets the requirements of § 146.84); (ii) Injection well plugging (that meets the requirements of § 146.92); (iii) Post injection site care and site closure (that meets the requirements of § 146.93); and (iv) Emergency and remedial response (that meets the requirements of § 146.94). (3) The financial responsibility instrument(s) must be sufficient to address endangerment of underground sources of drinking water. (4) The qualifying financial responsibility instrument(s) must comprise protective conditions of coverage. (i) Protective conditions of coverage must include at a minimum cancellation, renewal, and continuation provisions, specifications on when the provider becomes liable following a notice of cancellation if there is a failure to renew with a new qualifying financial instrument, and requirements for the provider to meet a minimum rating, minimum capitalization, and ability to pass the bond rating when applicable. (A) Cancellation —for purposes of this part, an owner or operator must provide that their financial mechanism may not cancel, terminate or fail to renew except for failure to pay such financial instrument. If there is a failure to pay the financial instrument, the financial institution may elect to cancel, terminate, or fail to renew the instrument by sending notice by certified mail to the owner or operator and the Director. The cancellation must not be final for 120 days after receipt of cancellatio… | ||||
| 40:40:25.0.1.1.9.8.45.6 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.86 Injection well construction requirements. | EPA | (a) General. The owner or operator must ensure that all Class VI wells are constructed and completed to: (1) Prevent the movement of fluids into or between USDWs or into any unauthorized zones; (2) Permit the use of appropriate testing devices and workover tools; and (3) Permit continuous monitoring of the annulus space between the injection tubing and long string casing. (b) Casing and cementing of Class VI wells. (1) Casing and cement or other materials used in the construction of each Class VI well must have sufficient structural strength and be designed for the life of the geologic sequestration project. All well materials must be compatible with fluids with which the materials may be expected to come into contact and must meet or exceed standards developed for such materials by the American Petroleum Institute, ASTM International, or comparable standards acceptable to the Director. The casing and cementing program must be designed to prevent the movement of fluids into or between USDWs. In order to allow the Director to determine and specify casing and cementing requirements, the owner or operator must provide the following information: (i) Depth to the injection zone(s); (ii) Injection pressure, external pressure, internal pressure, and axial loading; (iii) Hole size; (iv) Size and grade of all casing strings (wall thickness, external diameter, nominal weight, length, joint specification, and construction material); (v) Corrosiveness of the carbon dioxide stream and formation fluids; (vi) Down-hole temperatures; (vii) Lithology of injection and confining zone(s); (viii) Type or grade of cement and cement additives; and (ix) Quantity, chemical composition, and temperature of the carbon dioxide stream. (2) Surface casing must extend through the base of the lowermost USDW and be cemented to the surface through the use of a single or multiple strings of casing and cement. (3) At least one long string casing, using a sufficient number of centralizers, must extend to the injection zone and must… | ||||
| 40:40:25.0.1.1.9.8.45.7 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.87 Logging, sampling, and testing prior to injection well operation. | EPA | (a) During the drilling and construction of a Class VI injection well, the owner or operator must run appropriate logs, surveys and tests to determine or verify the depth, thickness, porosity, permeability, and lithology of, and the salinity of any formation fluids in all relevant geologic formations to ensure conformance with the injection well construction requirements under § 146.86 and to establish accurate baseline data against which future measurements may be compared. The owner or operator must submit to the Director a descriptive report prepared by a knowledgeable log analyst that includes an interpretation of the results of such logs and tests. At a minimum, such logs and tests must include: (1) Deviation checks during drilling on all holes constructed by drilling a pilot hole which is enlarged by reaming or another method. Such checks must be at sufficiently frequent intervals to determine the location of the borehole and to ensure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling; and (2) Before and upon installation of the surface casing: (i) Resistivity, spontaneous potential, and caliper logs before the casing is installed; and (ii) A cement bond and variable density log to evaluate cement quality radially, and a temperature log after the casing is set and cemented. (3) Before and upon installation of the long string casing: (i) Resistivity, spontaneous potential, porosity, caliper, gamma ray, fracture finder logs, and any other logs the Director requires for the given geology before the casing is installed; and (ii) A cement bond and variable density log, and a temperature log after the casing is set and cemented. (4) A series of tests designed to demonstrate the internal and external mechanical integrity of injection wells, which may include: (i) A pressure test with liquid or gas; (ii) A tracer survey such as oxygen-activation logging; (iii) A temperature or noise log; (iv) A casing inspection log; and (5) Any alternative methods … | ||||
| 40:40:25.0.1.1.9.8.45.8 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.88 Injection well operating requirements. | EPA | (a) Except during stimulation, the owner or operator must ensure that injection pressure does not exceed 90 percent of the fracture pressure of the injection zone(s) so as to ensure that the injection does not initiate new fractures or propagate existing fractures in the injection zone(s). In no case may injection pressure initiate fractures in the confining zone(s) or cause the movement of injection or formation fluids that endangers a USDW. Pursuant to requirements at § 146.82(a)(9), all stimulation programs must be approved by the Director as part of the permit application and incorporated into the permit. (b) Injection between the outermost casing protecting USDWs and the well bore is prohibited. (c) The owner or operator must fill the annulus between the tubing and the long string casing with a non-corrosive fluid approved by the Director. The owner or operator must maintain on the annulus a pressure that exceeds the operating injection pressure, unless the Director determines that such requirement might harm the integrity of the well or endanger USDWs. (d) Other than during periods of well workover (maintenance) approved by the Director in which the sealed tubing-casing annulus is disassembled for maintenance or corrective procedures, the owner or operator must maintain mechanical integrity of the injection well at all times. (e) The owner or operator must install and use: (1) Continuous recording devices to monitor: The injection pressure; the rate, volume and/or mass, and temperature of the carbon dioxide stream; and the pressure on the annulus between the tubing and the long string casing and annulus fluid volume; and (2) Alarms and automatic surface shut-off systems or, at the discretion of the Director, down-hole shut-off systems (e.g., automatic shut-off, check valves) for onshore wells or, other mechanical devices that provide equivalent protection; and (3) Alarms and automatic down-hole shut-off systems for wells located offshore but within State territorial waters, designed to alert the oper… | ||||
| 40:40:25.0.1.1.9.8.45.9 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | H | Subpart H—Criteria and Standards Applicable to Class VI Wells | § 146.89 Mechanical integrity. | EPA | (a) A Class VI well has mechanical integrity if: (1) There is no significant leak in the casing, tubing, or packer; and (2) There is no significant fluid movement into a USDW through channels adjacent to the injection well bore. (b) To evaluate the absence of significant leaks under paragraph (a)(1) of this section, owners or operators must, following an initial annulus pressure test, continuously monitor injection pressure, rate, injected volumes; pressure on the annulus between tubing and long-string casing; and annulus fluid volume as specified in § 146.88 (e); (c) At least once per year, the owner or operator must use one of the following methods to determine the absence of significant fluid movement under paragraph (a)(2) of this section: (1) An approved tracer survey such as an oxygen-activation log; or (2) A temperature or noise log. (d) If required by the Director, at a frequency specified in the testing and monitoring plan required at § 146.90, the owner or operator must run a casing inspection log to determine the presence or absence of corrosion in the long-string casing. (e) The Director may require any other test to evaluate mechanical integrity under paragraphs (a)(1) or (a)(2) of this section. Also, the Director may allow the use of a test to demonstrate mechanical integrity other than those listed above with the written approval of the Administrator. To obtain approval for a new mechanical integrity test, the Director must submit a written request to the Administrator setting forth the proposed test and all technical data supporting its use. The Administrator may approve the request if he or she determines that it will reliably demonstrate the mechanical integrity of wells for which its use is proposed. Any alternate method approved by the Administrator will be published in the Federal Register and may be used in all States in accordance with applicable State law unless its use is restricted at the time of approval by the Administrator. (f) In conducting and evaluating the tests enumera… |
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