STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION CONTROL PROGRAMS

• Citation: 40 CFR Part 147
• Sections: 220

§ 147.1 Purpose and scope.

(a) This part sets forth the applicable Underground Injection Control (UIC) programs for each of the States, territories, and possessions identified pursuant to the Safe Drinking Water Act (SDWA) as needing a UIC program, including any Indian country geographically located within those States, territories, and possessions.

(b) The applicable UIC programs set forth in this part may be State-administered programs approved by EPA, Tribally-administered programs approved by EPA, or Federally-administered programs promulgated by EPA. In some cases, the applicable UIC program for a particular area may consist of a State-administered or Tribally-administered program applicable to some classes of wells and a Federally-administered program applicable to other classes of wells. Approval of a State or Tribal program is based upon a determination by the Administrator that the program meets the requirements of section 1422 or section 1425 of the SDWA, any other applicable provisions of this subpart, and the applicable provisions of 40 CFR parts 124, 144, 145 and 146. A Federally-administered program is promulgated in those instances where the State or Tribe has not submitted any program for approval or where the submitted program does not meet the minimum Federal statutory and regulatory requirements.

(c) In the case of each State or Tribal program approved by EPA pursuant to section 1422 of the SDWA, the relevant subpart describes the major elements of that program, including the relevant State or Tribal statutes and regulations, the Statement(s) of Legal Authority, the Memorandum of Agreement, and the Program Description. State or Tribal statutes and regulations that contain standards, requirements, and procedures applicable to owners or operators have been incorporated by reference pursuant to regulations of the Office of the Federal Register. Material incorporated by reference is available for inspection in the appropriate EPA Regional office, in EPA Headquarters, and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call [phone], or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Other State or Tribal statutes and regulations containing standards and procedures that constitute elements of a State or Tribal program but do not apply directly to owners or operators have been listed but have not been incorporated by reference.

(d) In the case of any program promulgated under section 1422 for a State or Tribe that is to be administered by EPA, the relevant State or Tribal subpart makes applicable the provisions of 40 CFR parts 124, 144, 146, and 148, and any other additional requirements pertinent to the specific State or Tribal program.

(e) Regulatory provisions incorporated by reference (in the case of approved State or Tribal programs) or promulgated by EPA (in the case of EPA-administered programs), and all permit conditions or permit denials issued pursuant to such regulations, are enforceable by the Administrator pursuant to section 1423 of the SDWA.

(f) Class VI well owners or operators must comply with § 146.91(e) notwithstanding any State program approvals.

§ 147.2 Severability of provisions.

The provisions in this part and the various applications thereof are distinct and severable. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of such provision to other persons or circumstances which can be given effect without the invalid provision or application.

§ 147.50 State-administered program—Class II wells.

The UIC program for Class II wells in the State of Alabama, except those on Indian lands, is the program administered by the State Oil and Gas Board of Alabama, approved by EPA pursuant to section 1425 of the SDWA. Notice of this approval was published in the Federal Register on August 2, 1982 (47 FR 33268); the effective date of this program is August 2, 1982. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Alabama. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) Code of Alabama Sections 9-17-1 through 9-17-109 (Cumm. Supp. 1989);

(2) State Oil and Gas Board of Alabama Administrative Code, Oil and Gas Report 1 (supplemented through May 1989), Rules and Regulations Governing the Conservation of Oil and Gas in Alabama, and Oil and Gas Statutes of Alabama with Oil and Gas Board Forms, § 400-1-2 and § 400-1-5-.04.

(b) The Memorandum of Agreement between EPA Region IV and the Alabama Oil and Gas Board, signed by the EPA Regional Administrator on June 15, 1982.

(c) Statement of legal authority. “State Oil and Gas Board has Authority to Carry Out Underground Injection Control Program Relating to Class II Wells as Described in Federal Safe Drinking Water Act—Opinion by Assistant Attorney General,” May 28, 1982.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.51 State-administered program—Class I, III, IV, and V wells.

The UIC program for Class I, III, IV and V wells in the State of Alabama, except those on Indian lands, is the program administered by the Alabama Department of Environmental Management, approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on August 25, 1983 (48 FR 38640); the effective date of this program is August 25, 1983. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Alabama. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) Alabama Water Pollution Control Act, Code of Alabama 1975, sections 22-22-1 through 22-22-14 (1980 and Supp. 1983);

(2) Regulations, Policies and Procedures of the Alabama Water Improvement Commission, Title I (Regulations) (Rev. December 1980), as amended May 17, 1982, to add Chapter 9, Underground Injection Control Regulations (effective June 10, 1982), as amended April 6, 1983 (effective May 11, 1983).

(b) The Memorandum of Agreement between EPA Region IV and the Alabama Department of Environment Management, signed by the EPA Regional Administrator on May 24, 1983.

(c) Statement of legal authority. (1) “Water Pollution—Public Health—State has Authority to Carry Out Underground Injection Control Program Described in Federal Safe Drinking Water Act—Opinion by Legal Counsel for the Water Improvement Commission,” June 25, 1982;

(2) Letter from Attorney, Alabama Water Improvement Commission, to Regional Administrator, EPA Region IV, “Re: AWIC Response to Phillip Tate's (U.S. EPA, Washington) Comments on AWIC's Final Application for Class I, III, IV, and V UIC Program,” September 21, 1982;

(3) Letter from Alabama Chief Assistant Attorney General to Regional Counsel, EPA Region IV, “Re: Status of Independent Legal Counsel in Alabama Water Improvement Commission's Underground Injection Control Program,” September 14, 1982.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.52 State-administered program—Hydraulic Fracturing of Coal Beds.

The UIC program for hydraulic fracturing of coal beds in the State of Alabama, except those on Indian lands, is the program administered by the State Oil and Gas Board of Alabama, approved by EPA pursuant to Section 1425 of the SDWA on December 22, 1999 and effective on January 19, 2000. The Alabama program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in State Oil and Gas Board of Alabama Rule 400-4-1-.02, Definitions, and Rule 400-4-5-.04, Protection of Underground Sources of Drinking Water during the Hydraulic Fracturing of Coal Beds, are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Alabama. This incorporation by reference was approved by the Director of the Federal Register on January 19, 2000 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the State Oil and Gas Board of Alabama, 420 Hackberry Lane, Tuscaloosa, AL 35489-9780. Copies may be inspected at the Environmental Protection Agency, Region 4, Water Management Division, Ground Water/Drinking Water Branch, Ground Water & UIC Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, S.W., Room15-T53, Atlanta, GA 30303-8960, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(b) Addendum One, Underground Injection Control Program, Memorandum of Agreement Between the State of Alabama and the USEPA Region 4, signed by the Supervisor, Alabama State Oil and Gas Board on December 10, 1999, and the Regional Administrator, U.S. Environmental Protection Agency Region 4, on December 13, 1999.

(c) Statement of legal authority. “I hereby certify, pursuant to my authority as Attorney General for the State of Alabama and for reasons set forth in this statement, that in my opinion, the laws of the State of Alabama provide the State Oil and Gas Board (hereinafter referred to as “the Board”) adequate authority to carry out an Underground Injection Program for the control of underground injection activity related to the hydraulic fracturing of coal beds.” Opinion by Alabama's Attorney General Office, extracted from Letter from R. Craig Kneisel, Chief, Environmental Division, Office of the Attorney General, dated October 8, 1999, to Dr. Donald F. Oltz, Supervisor, State Oil and Gas Board of Alabama, Subject: Attorney General's Statement for Final Authorization of Alabama Class II Underground injection Control Program.

(d) The Program Description for the Regulation of Hydraulic Fracturing of Coal Beds As required by 40 CFR 145.23—State Oil and Gas Board of Alabama, including Appendices A through F.

§ 147.60 EPA-administered program—Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands in Alabama is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148 and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in Alabama is November 25, 1988.

§ 147.100 State-administered program—Class II wells.

The UIC program for Class II wells in the State of Alaska, other than those on Indian lands, is the program administered by the Alaska Oil and Gas Conservation Commission approved by EPA pursuant to section 1425 of the SDWA. Notice of this approval was published in the Federal Register [May 6, 1986]; the effective date of this program is June 19, 1986. This program consists of the following elements, as submitted to EPA in the State's program application.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Alaska. This incorporation by reference was approved by the Director of the Federal Register effective June 19, 1986.

(1) Alaska Statutes, Alaska Oil and Gas Conservation Act, Title 31, §§ 31.05.005 through 31.30.010 (1979 and Cum. Supp. 1984);

(2) Alaska Statutes, Administrative Procedures Act, Title 44, §§ 44.62.010 through 44.62.650 (1984);

(3) Alaska Administrative Code, Alaska Oil and Gas Conservation Commission, 20 AAC 25.005 through 20 AAC 25.570 (Supp. 1986).

(b) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 10, and the Alaska Oil and Gas Conservation Commission, signed by the EPA Regional Administrator on January 29, 1986, as amended on June 21, 1988.

(c) Statement of legal authority. Statement from the Attorney General of the State of Alaska, signed by the Assistant Attorney General on December 10, 1985.

(d) The Program Description and any other materials submitted as part of the original application or as supplements thereto.

Appendix A to Subpart BB of Part 147 Appendix A to Subpart BB of Part 147—State Requirements Incorporated by Reference in Subpart BB of Part 147 of the Code of Federal Regulations

The following is an informational listing of state requirements incorporated by reference in Subpart BB of part 147 of the Code of Federal Regulations:

Subpart BB—Montana

(a) The statutory provisions include:

(1) Montana Code annotated, 1995, Title 2, Chapter 15:

Section 2-15-121. Allocation for administrative purposes only.

Section 2-15-124. Quasi-judicial boards.

Section 2-15-3303. Board of oil and gas conservation-composition—allocation—quasi-judicial.

(2) Montana Code annotated, 1995, Title 82, Chapter 10:

Section 82-10-101. Action for accounting for royalty.

Section 82-10-102. Remedy not exclusive.

Section 82-10-103. Obligation to pay royalties as essence of contract-interest.

Section 82-10-104. Payment of royalties-form of record required.

Section 82-10-105 through 82-10-109 reserved.

Section 82-10-110. Division order-definition-effect.

Section 82-10-201. Authorization for lease and terms-land not subject to leasing.

Section 82-10-202. Acreage pooling.

Section 82-10-203. Interference with normal use of land prohibited.

Section 82-10-204. Lease of acquired oil and gas interests.

Section 82-10-301. Definitions.

Section 82-10-302. Policy.

Section 82-10-303. Use of eminent domain to acquire underground reservoirs.

Section 82-10-304. Certificate of board required prior to use of eminent domain.

Section 82-10-305. Proceedings.

Section 82-10-401. Notice required before abandonment of well-owner's option.

Section 82-10-402. Inventory of abandoned wells and seismic operations-reclamation procedures.

Section 82-10-501. Purpose-legislative findings.

Section 82-10-502. Definitions.

Section 82-10-503. Notice of drilling operations.

Section 82-10-504. Surface damage and disruption payments-penalty for late payment.

Section 82-10-505. Liability for damages to property.

Section 82-10-506. Notification of injury.

Section 82-10-0507. Agreement—offer of settlement.

Section 82-10-508. Rejection—legal action.

Section 82-10-509 and 82-10-510. Reserved.

Section 82-10-511. Remedies cumulative.

(3) Montana Code annotated, 1995, Title 82, Chapter 11:

Section 82-11-101. Definitions.

Section 82-11-102. Oil or gas wells not public utilities.

Section 82-11-103. Lands subject to law.

Section 82-11-104. Construction-no conflict with board of land commissioners' authority.

Section 82-11-105 through 82-11-110 reserved.

Section 82-11-111. Powers and duties of board.

Section 82-11-112. Intergovernmental cooperation.

Section 82-11-113. Role of board in implementation of national gas policy.

Section 82-11-114. Appointment of examiners.

Section 82-11-115. Procedure to make determinations.

Section 82-11-116. Public access.

Section 82-11-117. Confidentiality of records.

Section 82-11-118. Fees for processing applications.

Section 82-11-119 through 82-11-120 reserved.

Section 82-11-121. Oil and gas waste prohibited.

Section 82-11-122. Notice of intention to drill or conduct seismic operations-notice to surface owner.

Section 82-11-123. Requirements for oil and gas operations.

Section 82-11-124. Requirement relating to waste prevention.

Section 82-11-125. Availability of cores or chips, cuttings, and bottom-hole temperatures to board.

Section 82-11-126. Availability of facilities to bureau of mines.

Section 82-11-127. Prohibited activity.

Section 82-11-128 through 82-11-130 reserved.

Section 82-11-131. Privilege and license tax.

Section 82-11-132. Statements to treasurer and payment of tax.

Section 82-11-133. Penalty for late payment.

Section 82-11-134. Permit fees.

Section 82-11-135. Money earmarked for board expenses.

Section 82-11-136. Expenditure of funds from bonds for plugging wells.

Section 82-11-137. Class II injection well operating fee.

Section 82-11-138 through 82-11-140 reserved.

Section 82-11-141. Administrative procedure.

Section 82-11-142. Subpoena power-civil actions.

Section 82-11-143. Rehearing.

Section 82-11-144. Court review.

Section 82-11-145. Injunction or restraining order.

Section 82-11-146. Appeal.

Section 82-11-147. Violations.

Section 82-11-148. Criminal penalties.

Section 82-11-149. Civil penalties.

Section 82-11-150. Legal assistance.

Section 82-11-151. Emergencies-notice and hearing.

Section 82-11-152 through 82-11-160 reserved.

Section 82-11-161. Oil and gas production damage mitigation account-statutory appropriation.

Section 82-11-162. Release of producing oil or gas well from drilling bond-fee.

Section 82-11-163. Landowner's bond on noncommercial well.

Section 82-11-164. Lien created.

Section 82-11-165 through 82-11-170 reserved.

Section 82-11-171. Terminated.

Section 82-11-201. Establishment of well spacing units.

Section 82-11-202. Pooling of interest within spacing unit.

Section 82-11-203. Pooling agreements not in violation of antitrust laws.

Section 82-11-204. Hearing on operation of pool as unit.

Section 82-11-205. Board order for unit operation-criteria.

Section 82-11-206. Terms and conditions of plan for unit operations.

Section 82-11-207. Approval of plan for unit operations by persons paying costs.

Section 82-11-208. Board orders-amendment.

Section 82-11-209. Units established by previous order.

Section 82-11-210. Unit operations-less than whole of pool.

Section 82-11-211. Operations considered as done by all owners in unit.

Section 82-11-212. Property rights and operator's lien.

Section 82-11-213. Contract not terminated by board order.

Section 82-11-214. Title to oil and gas rights not affected by board order.

Section 82-11-215. Unit operation not restraint of trade.

Section 82-11-216. No creation of relationship between parties in unit.

Section 82-11-301. Authorization to join interstate compact for conservation of oil and gas.

Section 82-11-302. Interstate oil and gas compact.

Section 82-11-303. Extension of expiration date.

Section 82-11-304. Governor as member of Interstate Oil Compact Commission.

Section 82-11-305. Limitation on power of representative.

Section 82-11-306. Expenses of representative.

(b) The regulatory provisions include: Administrative Rules of Montana Board of Oil and Gas Conservation, Chapter 22, revised March 1996:

Rule 36.22.101. Organizational Rule.

Rule 36.22.201. Procedural Rules.

Rule 36.22.202. Environmental Policy Act Procedural Rules.

Rule 36.22.301. Effective Scope of Rules.

Rule 36.22.302. Definitions.

Rule 36.22.303. Classification of Wildcat or Exploratory Wells.

Rule 36 22.304. Inspection of Record, Properties, and Wells.

Rule 36.22.305. Naming of Pools.

Rule 36.22.306. Organization of Reports.

Rule 36.22.307. Adoption of Forms.

Rule 36.22.308. Seal of Board.

Rule 36.22.309. Referral of Administrative Decisions.

Rule 36.22.401. Office and Duties of Petroleum Engineer.

Rule 36.22.402. Office and Duties of Administrator.

Rule 36.22.403. Office and Duties of Geologist.

Rule 36.22.501. Shot Location Limitations.

Rule 36.22.502. Plugging and Abandonment.

Rule 36.22.503. Notification.

Rule 36.22.504. Identification.

Rule 36.22.601. Notice of Intention and Permit to Drill.

Rule 36.22.602. Notice of Intention to Drill and Application for Permit to Drill.

Rule 36.22.603. Permit Fees.

Rule 36.22.604. Permit Issuance - Expiration - Extension.

Rule 36.22.605. Transfer of Permits.

Rule 36.22.606. Notice and Eligibility Statement for Drilling or Recompletion in Unit Operations.

Rule 36.22.607. Drilling Permits Pending Special Field Rules.

Rule 36.22.701. Spacing Units - General.

Rule 36.22.702. Spacing of Wells.

Rule 36.22.703. Horizontal Wells.

Rule 36.22.1001. Rotary Drilling Procedure.

Rule 36.22.1002. Cable Drilling Procedure.

Rule 36.22.1003. Vertical Drilling Required Deviation.

Rule 36.22.1004. Dual Completion of Wells.

Rule 36.22.1005. Drilling Waste Disposal and Surface Restoration.

Rules 36.22.1006 through 36.22.1010. Reserved.

Rule 36.22.1011. Well Completion and Recompletion Reports.

Rule 36.22.1012. Samples of Cores and Cuttings.

Rule 36.22.1013. Filing of Completion Reports, Well Logs, Analyses, Reports, and Surveys.

Rule 36.22.1014. Blowout Prevention and Well Control Equipment.

Rule 36.22.1101. Fire Hazard Prevention.

Rule 36.22.1102. Fire Walls Required.

Rule 36.22.1103. Notification and Report of Emergencies and Undesirable Incidents.

Rule 36.22.1104. Control and Cleanup.

Rule 36.22.1105. Solid Waste.

Rule 36.22.1201. Surface Equipment.

Rule 36.22.1202. Identification.

Rule 36.22.1203. Chokes Required.

Rule 36.22.1204. Separators Required.

Rule 36.22.1205. Vacuum Pumps Prohibited.

Rule 36.22.1206. Tubing Required.

Rule 36.22.1207. Earthen Pits and Open Vessels.

Rule 36.22.1208. Producing from Different Pools Through the Same Casing.

Rules 36.22.1209 through 36.22.1212. Reserved.

Rule 36.22.1213. Reservoir or Pool Surveys.

Rule 36.22.1214. Subsurface Pressure Tests.

Rule 36.22.1215. Stabilized Production Test.

Rule 36.22.1216. Gas Oil Ratio Tests.

Rule 36.22.1217. Water Production Report.

Rule 36.22.1218. Gas to be Metered.

Rule 36.22.1219. Gas Waste Prohibited.

Rule 36.22.1220. Associated Gas Flaring Limitation—Application to exceed—Board Review and Action.

Rule 36.22.1221. Burning of Waste Gas Required.

Rule 36.22.1222. Hydrogen Sulfide Gas.

Rule 36.22.1223. Fencing, Screening, and Netting of Pits.

Rules 36.22.1224 and 36.22.1425. Reserved.

Rule 36.22.1226. Disposal of Water.

Rule 36.22.1227. Earthen Pits and Ponds.

Rule 36.22.1228. Disposal by Injection.

Rule 36.22.1229. Water Injection and Gas Repressuring.

Rule 36.22.1230. Application Contents and Requirements.

Rule 36.22.1231. Notice of Application Objections.

Rule 36.22.1232. Board Authorization.

Rule 36.22.1233. Notice of Commencement or Discontinuance—Plugging of Abandoned Wells.

Rule 36.22.1234. Record Required.

Rules 36.22.1235 through 36.22.1239. Reserved.

Rule 36.22.1240. Report of Well Status Change.

Rule 36.22.1241. Service Company Reports.

Rule 36.22.1242. Reports by Producers.

Rule 36.22.1243. Reports from Transporters, Refiners, and Gasoline or Extraction Plants.

Rule 36.22.1244. Producer's Certificate of Compliance.

Rule 36.22.1245. Illegal Production.

Rule 36.22.1301. Notice and Approval of Intention to Abandon Report.

Rule 36.22.1302. Notice of Abandonment.

Rule 36.22.1303. Well Plugging Requirement.

Rule 36.22.1304. Plugging Methods and Procedure.

Rule 36.22.1305. Exception for Fresh Water Wells.

Rule 36.22.1306. Approval for Pulling Casing and Reentering Wells.

Rule 36.22.1307. Restoration of Surface.

Rule 36.22.1308. Plugging and Restoration Bond.

Rule 36.22.1309. Subsequent Report of Abandonment.

Rule 36.22.1401. Definitions.

Rule 36.22.1402. Underground Injection.

Rule 36.22.1403. Application Contents and Requirements Rules.

Rule 36.22.1404 and 36.22.1405. Reserved.

Rule 36.22.1406. Corrective Action.

Rule 36.22.1407. Signing the Application.

Rule 36.22.1408. Financial Responsibility.

Rule 36.22.1409. Hearings.

Rule 36.22.1410. Notice of Application.

Rule 36.22.1411. Board Authorization.

Rules 36.22.1412 and 36.22.1413. Reserved.

Rule 36.22.1414. Notice of Commencement or Discontinuance—Plugging of Abandoned Wells.

Rule 36.22.1415. Records Required.

Rule 36.22.1416. Mechanical Integrity.

Rule 36.22.1417. Notification of Tests—Reporting Results.

Rule 36.22.1418. Exempt Aquifers.

Rule 36.22.1419. Tubingless Completions.

Rules 36.22.1420 and 36.22.1421. Reserved.

Rule 36.22.1422. Permit Conditions.

Rule 36.22.1423. Injection Fee—Well Classification.

Rule 36.22.1601. Who May Apply for Determination.

Rule 36.22.1602. Application Requirements and Contents.

Rule 36.22.1603. Documents and Technical Data Supporting Application.

Rule 36.22.1604. Docket Number.

Rule 36.22.1605. List of Applications—Public Access.

Rule 36.22.1606. Objections to Applications.

Rule 36.22.1607. Deadlines for Action Determinations.

Rule 36.22.1608. Deficient Applications.

Rule 36.22.1609. Board Action on Applications.

Rule 36.22.1610. Special Findings and Determinations New Onshore Production Wells Under Section 103.

Rule 36.22.1611. Special Findings and Determinations Stripper Well Production.

Appendix A to Subpart HHH of Part 147 Appendix A to Subpart HHH of Part 147—Exempted Aquifers in New Mexico

The areas described by a one-quarter mile radius around the following Class II wells in the listed formations are exempted for the purpose of Class II injection.

Sec.

Well No.

Arco Oil & Gas Co.—Operator/Horseshoe Gallup—Field/Gallup—Formation

SE/NE

5

T30N R16W

1650′FNL

330′FEL

134

NW/NW

30

T31N R16W

660′FNL

703′FWL

8

SE/SW

28

T31N R16W

790′FSL

2150′FWL

167

NW/SE

33

T31N R16W

1710′FSL

2310′FEL

199

SE/NW

35

T31N R16W

2105′FNL

2105′FWL

196

NW/NW

4

T30N R16W

455′FNL

4435′FEL

219

NW/SW

33

T31N R16W

1980′FSL

386′FWL

65

NW/SE

27

T31N R16W

1980′FSL

2080′FEL

164

SE/SE

30

T31N R16W

660′FSL

660′FEL

5

NW/NW

34

T31N R16W

730′FNL

515′FWL

180

NW/NE

34

T31N R16W

813′FNL

2036′FEL

182

NW/NE

2

T30N R16W

720′FNL

2040′FEL

229

NW/NW

29

T31N R16W

660′FNL

660′FWL

24

NW/SW

13

T31N R17W

1975′FSL

670′FWL

77

NW/SE

29

T31N R16W

1980′FSL

1980′FEL

22

SE/SW

27

T31N R16W

660′FSL

1980′FWL

171

NW/SW

35

T31N R16W

1980′FSL

660′FWL

205

SE/NW

30

T31N R16W

1980′FNL

2061′FWL

7

NW/NE

31

T31N R16W

660′FNL

1980′FEL

17

NW/NE

4

T30N R16W

330′FNL

2160′FEL

221

NW/NE

29

T31N R16W

660′FNL

1980′FEL

26

SE/NE

34

T31N R16W

1990′FNL

645′FEL

194

SE/SE

31

T31N R16W

640′FSL

660′FEL

27

NE/SW

14

T31N R17W

2250′FSL

2630′FWL

94

NE/NW

14

T31N R17W

625′FNL

1995′FWI,

69

SE/NW

10

T30N R16W

1900′FNL

2080′FWL

271

SE/SE

29

T31N R16W

560′FSL

21

SE/NE

30

T31N R16W

1980′FNL

660′FEL

10

SE/NW

29

T31N R16W

2080′FNL

1980′FWL

23

NW/SE

25

T31N R17W

1980′FSL

1980′FEL

122

SE/SW

32

T31N R16W

660′FSL

1980′FWL

14

NW/SW

30

T31N R16W

2021′FSL

742′FWL

19

SE/SW

13

T31N R17W

660′FSL

1980′FWL

82

NW/NW

27

T31N R16W

520′FNL

660′FWL

150

SE/SE

28

T31N R16W

660′FSL

660′FEL

169

NW/SW

29

T31N R16W

1980′FSL

660′FWL

11

SE/NW

34

T31N R16W

2310′FNL

1650′FWL

192

SE/NW

29

T31N R16W

660′FSL

1980′FWL

12

NW/SW

27

T31N R16W

1650′FSL

330′FWL

162

NE/SE

23

T31N R17W

1880′FSL

340′FEL

96

NW/SW

24

T31N R17W

2050′FSL

990′FWL

97

SE/NW

4

T30N R16W

2060′FNL

1710′FWL

232

NW/NW

31

T31N R16W

620′FNL

701′FWL

30

NW/SE

35

T31N R16W

1980′FSL

1980′FEL

207

SE/NE

32

T31N R16W

1980′FNL

417′FEL

20

NE/NW

28

T31N R16W

1980′FNL

1980′FEL

152

NE/NW

34

T31N R16W

2140′FSL

735′FWL

201

SE/NW

3

T30N R16W

2310′FNL

1640′FWL

236

SE/SW

34

T31N R16W

660′FSL

1980′FWL

213

NW/NE

30

T31N R16W

660′FNL

1980′FFL

9

SE/SW

26

T31N R16W

660′FSL

1980′FWL

175

NW/SE

30

T31N R16W

1980′FSL

1980′FEL

6

SE/NW

9

T30N R16W

1650′FNL

2131′FWL

264

NW/SW

4

T30N R16W

2310′FSL

4390′FEL

242

NW/SW

2

T30N R16W

1980′FSL

660′FWL

250

NW/NW

33

T31N R16W

660′FNL

386′FWL

66

NE/NE

15

T31N R17W

660′FNL

660′FEL

67

NW/NE

33

T31N R16W

660′FNL

1980′FEL

178

NW/SE

24

T31N R17W

1875′FSL

1900′FEL

99

NW/NE

28

T31N R16W

660′FNL

1980′FEL

148

NW/NW

19

T31N R16W

680′FNL

682′FWL

89

NW/SE

4

T30N R16W

1820′FSL

2130′FEL

244

SE/SW

20

T31N R16W

660′FSL

1980′FWL

115

NW/NE

25

T31N R17W

660′FNL

1980′FEL

118

SE/SW

4

T30N R16W

660′FSL

3300′FEL

253

NW/SW

19

T31N R16W

1980′FSL

706′FWL

101

NW/SE

32

T31N R16W

1950′FSL

1980′FEL

22

NW/NW

35

T31N R16W

605′FNL

690′FWL

184

SE/NE

29

T31N R16W

1980′FNL

417′FEL

25

SE/NW

19

T31N R16W

1980′FNL

2023′FWL

95

NW/NW

32

T31N R16W

660′FNL

660′FWL

4

SE/SW

24

T31N R17W

660′FSL

3300′FEL

107

SE/NE

28

T31N R16W

2105′FNL

940′FEL

154

NW/NE

35

T31N R16W

610′FNL

2000′FEL

186

SE/SW

5

T31N R16W

990′FSL

2310′FWL

139

NW/SE

28

T31N R16W

1980′FSL

1980′FEL

160

SE/SE

33

T31N R16W

330′FSL

990′FEL

211

NW/NE

5

T30N R16W

330′FNL

1650′FEL

128

SE/NW

27

T31N R16W

1900′FNL

2050′FWL

156

SE/SW

35

T31N R16W

660′FSL

1980′FWL

217

NW/NW

10

T30N R16W

526′FNL

330′FWL

265

NE/SW

21

T31N R16W

1880′FSL

1980′FWL

143

NW/NE

24

T31N R17W

409′FNL

1914′FEL

87

NW/SW

32

T31N R16W

1980′FSL

660′FWL

15

SE/SE

34

T31N R16W

960′FSL

910′FEL

215

SW/SE

21

T31N R16W

820′FSL

1820′FEL

145

SE/SE

27

T31N R16W

610′FSL

640′FEL

173

NW/SW

3

T30N R16W

1920′FSL

350′FWL

246

SE/SW

19

T31N R16W

601′FSL

2002′FWL

111

SW/SE

14

T31N R17W

330′FSL

1900′FEL

79

NW/NW

27

T31N R16W

520′FNL

660′FWL

150

SE/NW

31

T31N R16W

1724′FNL

2067′FWL

29

NW/NE

32

T31N R16W

660′FNL

1980′FEL

13

SE/NE

24

T31N R17W

1998′FNL

702′FEL

93

NW/NW

5

T30N R16W

660′FNL

660′FWL

126

NW/SW

28

T31N R16W

1740′FSL

590′FWL

158

SE/NE

31

T31N R16W

1980′FNL

660′FEL

16

NW/NW

24

T31N R17W

660′FNL

760′FWL

85

Energy Reserve Backup Inc.—Operator/Horseshoe Gallup—Field/Gallup—Formation

SE/SE

5

T31N R17W

660′FSL

660′FEL

4

NE/SW

10

T30N R16W

1970′FSL

2210′FWL

31

SE/NW

11

T30N R16W

2090′FNL

2190′FWI

29

SE/SE

10

T30N R16W

700′FSL

500′FEL

37

Solar Petroelum Inc.—Operator/Horseshoe—Field/Gallup—Formation

SW/SE

11

T31N R17W

736′FSL

2045′FEL

205

SE/NE

9

T31N R17W

1980′FNL

660′FEL

122

NW/SE

4

T31N R17W

1980′FSL

1980′FFL

127

NE/NE

10

T31N R17W

660′FNL

660′FEL

136

SE/SW

4

T31N R17W

660′FSL

1980′FWL

125

SW/NW

11

T31N R17W

2300′FNL

660′FWL

206

NW/SW

4

T31N R17W

1980′FSL

660′FWL

103

SE/NW

4

T31N R17W

1989′FNL

1980′FWL

128

NW/NW

4

T31N R17W

660′FNL

660′FWL

101

SW/NE

10

T31N R17W

1980′FNL

1980′FEL

117

SW/NW

10

T31N R17W

1980′FNL

660′FWL

108

SW/SW

10

T31N R17W

660′FSL

660′FWL

114

SW/SE

3

T31N R17W

330′FSL

2310′FEL

143

SE/NE

5

T31N R17W

1980′FNL

660′FEL

302

NE/NE

5

T31N R17W

1950′FNL

1050′FEL

307

SE/SE

9

T31N R17W

990′FSL

850′FEL

140

NE/NW

10

T31N R17W

660′FNL

1980′FWL

118

SW/SW

11

T31N R17W

660′FSL

660′FWL

204

NW/SE

9

T31N R17W

1980′FSL

1980′FEL

115

SW/SE

10

T31N R17W

990′FSL

1980′FEL

144

NW/NE

9

T31N R17W

660′FNL

1980′FEL

123

NE/SW

10

T31N R17W

1980′FSL

1980′FWL

109

NE/SW

11

T31N R17W

1980′FSL

1980′FWL

203

SE/NW

9

T31N R17W

1980′FNL

1980′FWL

134

NW/SW

3

T31N R17W

1980′FSL

660′FWL

132

SW/SW

3

T31N R17W

560′FSL

660′FWL

110

NW/NW

9

T31N R16W

660′FNL

660′FWL

133

SE/SE

4

T31N R17W

660′FSL

660′FEL

124

WTR Oil Co.—Operator/Horseshoe Gallup—Field/Gallup—Formation

NE/SW

33

T32N R17W

1980′FSL

1989′FWL

2

Arco Oil & Gas Co.—Operator/Many Rocks Gallup—Field/Gallup—Formation

NW/NW

7

T31N R16W

898′FNL

500′FWL

2

SW/NE

17

T31N R16W

1673′FNL

1789′FEL

21

NW/SE

17

T31N R16W

1890′FSL

2150′FEL

23

SW/NE

7

T31N R16W

2310′FNL

2310′FEL

6

NE/SW

8

T31N R16W

1650′FSL

1650′FWL

12

NE/NW

17

T31N R16W

660′FNL

2030′FWL

18

NE/NE

18

T31N R16W

360′FNL

855′FEL

16

SE/SW

7

T31N R16W

716′FSL

2185′FWL

13

SE/SE

17

T31N R16W

660′FSL

660′FEL

26

NE/SW

17

T31N R16W

2040′FSL

2070′FWL

22

SW/SW

6

T31N R16W

330′FSL

330′FWL

1

SW/NW

17

T31N R16W

2073′FNL

641′FWL

19

NW/SW

17

T31N R16W

1967′FSL

981′FWL

8

James P. Woosley—Operator/Many Rocks Gallup—Field/Gallup—Formation

NW/NE

20

T32N R17W

330′FNL

2310′FEL

13

SW/SW

27

T32N R17W

660′FSL

990′FWL

1

SW/NW

17

T32N R17W

2310′FWL

330′FWL

4

SW/NW

27

T32N R17W

260′FWL

1360′FNL

11

NE/SW

27

T32N R17W

1980′FSL

1980′FWL

6

NE/SE

18

T32N R17W

2474′FSL

133′FEL

18

SW/SE

27

T32N R17W

625′FNL

2000′FEL

3

NE/SE

28

T32N R17W

1980′FSL

330′FEL

12

Solar Petroleum Inc.—Operator/Many Rocks Gallup—Field/Gallup—Formation

SE/NW

1

T31N R17W

1980′FNL

1980′FWL

216

NW/NE

2

T31N R17W

805′FNL

940′FEL

215

SE/NE

2

T31N R17W

1980′FNL

660′FEL

218

NW/SW

1

T31N R17W

2310′FSL

990′FNL

223

SE/NE

12

T31N R17W

1820′FNL

500′FEL

217

WTR Oil Co.—Operator/Many Rocks Gallup—Field/Gallup—Formation

NW/NW

35

T32N R17W

810′FNL

510′FWL

11

SE/SE

35

T32N R17W

660′FSL

660′FEL

6

SE/NE

34

T32N R17W

775′FEL

1980′FNL

8

SE/NW

35

T32N R16W

1980′FNL

1980′FWL

9

NW/SE

35

T32N R17W

1980′FSL

1980′FEL

7

Chaco Oil Co.—Operator/Red Mtn Meseverde—Field/Menefee—Formation

NE/NE

29

T20N R9W

395′FNL

1265′FEL

6

SE/SW

20

T20N R9W

442′FSL

2430′FWL

17

Geo Engineering Inc.—Operator/Red Mtn Meseverde—Field/Menefee—Formation

NW/NE

29

T20N R9W

160′FNL

2135′FEL

35

NE/NE

29

T20N R9W

225′FNL

1265′FEL

7

SE/NW

29

T20N R9W

1344′FNL

2555′FWL

20

NW/NE

29

T20N R9W

615′FNL

1920′FEL

5

NE/NW

29

T20N R9W

834′FNL

2113′FWL

21

SW/SE

20

T20N R9W

265′FSL

2150′FEL

36

NE/NE

29

T20N R9W

5′FNL

1130′FEL

8

SE/SE

20

T20N R9W

450′FSL

1145′FEL

24

SE/SE

20

T20N R9W

990′FSL

1280′FEL

10

NW/NE

29

T20N R9W

1115′FNL

2325′FEL

22

SE/SE

20

T20N R9W

1085′FSL

860′FEL

12

Tesoro Petroleum Co.—Operator/S. Hospah Lower Sand—Field/Hospah—Formation

NW/SE

6

T17N R8W

2310′FSL

2310′FEL

28

SW/SE

6

T17N R8W

990′FSL

2310′FFL

34

SW/SW

6

T17N R8W

5′FSL

20′FWL

18

SE/SW

6

T17N R8W

5′FSL

2635′FWL

20

§ 147.101 EPA-administered program.

(a) Contents. The UIC program in the State of Alaska for Class I, III, IV, and V wells, and for all classes of wells on Indian lands, is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective dates. The effective date of the UIC program for all non-Class II wells in Alaska and for all wells on Indian lands, is June 25, 1984.

§ 147.102 Aquifer exemptions.

(a) This section identifies any aquifers or their portions exempted in accordance with §§ 144.7(b) and 146.4 of this chapter at the time of program promulgation. EPA may in the future exempt other aquifers or portions, according to applicable procedures, without codifying such exemptions in this section. An updated list of exemptions will be maintained in the Regional office.

(b) The following aquifers are exempted in accordance with the provisions of §§ 144.7(b) and 146.4 of this chapter for Class II injection activities only:

(1) The portions of aquifers in the Kenai Peninsula, greater than the indicated depths below the ground surface, and described by a

1/4 mile area beyond and lying directly below the following oil and gas producing fields:

(i) Swanson River Field—1700 feet.

(ii) Beaver Creek Field—1650 feet.

(iii) Kenai Gas Field—1300 feet.

(2) The portion of aquifers beneath Cook Inlet described by a

1/4 mile area beyond and lying directly below the following oil and gas producing fields:

(i) Granite Point.

(ii) McArthur River Field.

(iii) Middle Ground Shoal Field.

(iv) Trading Bay Field.

(3) The portions of aquifers on the North Slope described by a

1/4 mile area beyond and lying directly below the Kuparuk River Unit oil and gas producing field.

§ 147.103 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.

Maximum injection pressure. The owner or operator shall limit injection pressure to the lesser of:

(a) A value which will not exceed the operating requirements of § 144.28(f)(3) (i) or (ii) as applicable; or

(b) A value for well head pressure calculated by using the following formula:

Pm = (0.733-0.433 Sg)d

where:

Pm = injection pressure at the well head in pounds per square inch

Sg = specific gravity of inject fluid (unitless)

d = injection depth in feet.

§ 147.104 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.

(a) Maximum injection pressure. (1) To meet the operating requirements of § 144.28(f)(3)(ii) (A) and (B) of this chapter, the owner or operator:

(i) Shall use an injection pressure no greater than the pressure established by the Regional Administrator for the field or formation in which the well is located. The Regional Administrator shall establish maximum injection pressures after notice, opportunity for comment, and opportunity for a public hearing, according to the provisions of part 124, subpart A of this chapter, and will inform owners and operators in writing of the applicable maximum pressure; or

(ii) May inject at pressures greater than those specified in paragraph (a)(1)(i) of this section for the field or formation in which he is operating provided he submits a request in writing to the Regional Administrator, and demonstrates to the satisfaction of the Regional Administrator that such injection pressure will not violate the requirement of § 144.28(f)(3)(ii) (A) and (B). The Regional Administrator may grant such a request after notice, opportunity for comment, and opportunity for a public hearing, according to the provisions of part 124, subpart A of this chapter.

(2) Prior to such time as the Regional Administrator establishes rules for maximum injection pressure based on data provided pursuant to paragraph (a)(2)(ii) of this section the owner or operator shall:

(i) Limit injection pressure to a value which will not exceed the operating requirements of § 144.28(f)(3)(ii); and

(ii) Submit data acceptable to the Regional Administrator which defines the fracture pressure of the formation in which injection is taking place. A single test may be submitted on behalf of two or more operators conducting operations in the same formation, if the Regional Administrator approves such submission. The data shall be submitted to the Regional Administrator within 1 year of the effective date of this program.

(b) Casing and cementing. Where the Regional Administrator determines that the owner or operator of an existing enhanced recovery or hydrocarbon storage well may not be in compliance with the requirements of §§ 144.28(e) and 146.22, the owner or operator shall comply with paragraphs (b) (1) through (4) of this section, when required by the Regional Administrator:

(1) Protect USDWs by:

(i) Cementing surface casing by recirculating the cement to the surface from a point 50 feet below the lowermost USDW; or

(ii) Isolating all USDWs by placing cement between the outermost casing and the well bore; and

(2) Isolate any injection zones by placing sufficient cement to fill the calculated space between the casing and the well bore to a point 250 feet above the injection zone; and

(3) Use cement:

(i) Of sufficient quantity and quality to withstand the maximum operating pressure;

(ii) Which is resistant to deterioration from formation and injection fluids; and

(iii) In a quantity no less than 120% of the calculated volume necessary to cement off a zone.

(4) The Regional Administrator may specify other requirements in addition to or in lieu of the requirements set forth in paragraphs (b) (1) through (3) as needed to protect USDWs.

§ 147.150 State-administered program—Classes I, II, III, IV, V and VI wells.

The UIC program for Classes I, II, III, IV, V and VI wells in the State of Arizona, except those on Indian lands, is the program administered by the Arizona Department of Environmental Quality, approved by the EPA pursuant to section 1422 of the SDWA. The effective date of this program is October 15, 2025. The UIC program for Classes I, II, III, IV, V and VI wells in the State of Arizona, except those located on Indian lands, consists of the following elements, as submitted to the EPA in the State's primacy application.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations approved by the EPA in “Arizona SDWA § 1422 Underground Injection Control Program Statutes and Regulations to be Incorporated by Reference”, dated March 24, 2025, and listed in table 1 to this paragraph (a), are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Arizona. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the State of Arizona's statutes and regulations that are incorporated by reference may be obtained from the State of Arizona Research Library located at 1901 West Madison, Phoenix, Arizona 85009. Copies of the State of Arizona's statutes and regulations that are incorporated by reference may be inspected at the U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105 and the U.S. Environmental Protection Agency, Water Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004. If you wish to obtain materials from the EPA Regional Office, please call [phone], or from the EPA Headquarters Library, please call the Water Docket at [phone]. You may also view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

Table 1 to Paragraph ( a )—EPA-Approved Arizona SDWA Sec. 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, II, III, IV, V and VI

State citation

Title/subject

State effective date

EPA approval date

Arizona Revised Statute (ARS) 49-257.01 (B) and (C)

Underground injection control permit program; permits; prohibitions; rules

September 24, 2022

September 15, 2025.

ARS 49-263 (A), (E), and (I)

Criminal violations; classification; definition

August 3, 2018

September 15, 2025.

ARS 49-921

Definitions

April 29, 1993

September 15, 2025.

ARS 13-105.30

Definitions

April 14, 2011

September 15, 2025.

Arizona Administrative Code Title 18, Chapter 9, Article 6

Underground Injection Control

September 6, 2022

September 15, 2025.

(b) Other laws. The following statutes and regulations although not incorporated by reference, also are part of the approved State-administered program:

(1) A.R.S. section 1-211 (General Rules of Statutory Construction);

(2) A.R.S. sections 13-107, 801, and 803 (Criminal Code);

(3) A.R.S. sections 18-106 (Information Technology);

(4) A.R.S. sections 41-1001, 1001.02, 1002, 1003 through 1010, 1011 through 1013, 1021 through 1067, 1072 through 1093.07, and 2051 (Administrative Procedure);

(5) A.R.S. sections 44-7001 through 7061 (Electronic Transactions);

(6) A.R.S. sections 49-104, 203, 205, 208, 224, 250, 257, 257.01(A) and (D), 261-262, 263 (B-D) and (F-H), 264, 265, 321 through 324, 922, and 1403 (The Environment);

(7) A.A.C. R18-1-501 through 525 and Table 10 (Licensing Timeframes);

(8) A.A.C. R18-9-103, C301 through C304, and E323 (Water Pollution Control); and

(9) A.A.C. R18-14-101 through 115 (Water Quality Protection Fees).

(c) Memorandum of Agreement (MOA). The Memorandum of Agreement between the State of Arizona and the EPA, Region 9, signed by the EPA Regional Administrator on March 24, 2025.

(d) Letter from Governor. Letter from the Governor of Arizona to the Regional Administrator, EPA Region 9, signed on February 16, 2024.

(e) Statement of legal authority. Attorney General's Statement, signed by the Attorney General of Arizona on September 5, 2024.

(f) Program Description. The Program Description, “Arizona Department of Environmental Quality Underground Injection Control Program Description (40 CFR 145.23)”, and any other materials submitted as part of the application or amendment thereto.

§ 147.151 EPA-administered program.

(a) Contents. The UIC program that applies to all injection activities on Indian lands in Arizona, except for Class II wells on Navajo Indian lands for which EPA has granted the Navajo Nation primacy for the SDWA Class II UIC program (as defined in § 147.3400), is administered by EPA. The UIC program for Navajo Indian lands, except for Class II wells on Navajo Indian lands for which EPA has granted the Navajo Nation primacy for the SDWA Class II UIC program, consists of the requirements contained in subpart HHH of this part. The program for all injection activity except that on Navajo Indian lands consists of the UIC program requirements of parts 124, 144, 146, and 148 of this title, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA, shall comply with the requirements of this paragraph (a).

(b) Effective dates. The effective date for the UIC program on Indian lands in Arizona, except for the lands of the Navajo Indians, is June 25, 1984. The effective date for the UIC program on the lands of the Navajo, except for Class II wells on Navajo Indian lands for which EPA has granted the Navajo Nation primacy for the SDWA Class II UIC program (as defined in § 147.3400), is November 25, 1988.

§ 147.200 State-administered program—Class I, III, IV, and V wells.

The UIC program for Class I, III, IV and V wells in the State of Arkansas, except those wells on Indian lands, is the program administered by the Arkansas Department of Pollution Control and Ecology approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on July 6, 1982 (47 FR 29236); the effective date of this program is July 6, 1982. This program consists of the following elements, as submitted to EPA in the State's program application.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Arkansas. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) Arkansas Water and Air Pollution Control Act, Act 472 of 1949 as amended, Arkansas Statutes Annotated sections 82-1901 through 82-1943 (1976);

(2) Act 105 of 1939, Arkansas Statutes Annotated sections 53-101 through 53-130 (1971 and Supp. 1981); Act 937 of 1979, Arkansas Statutes Annotated sections 53-1301 through 53-1320 (Supp. 1981); Act 523 of 1981;

(3) Arkansas Underground Injection Control Code, Department of Pollution Control and Ecology, promulgated January 22, 1982;

(4) General Rule and Regulations, Arkansas Oil and Gas Commission (Order No. 2-39, revised July 1972);

(5) Arkansas Hazardous Waste Management Code, Department of Pollution Control and Ecology, promulgated August 21, 1981.

(b) The Memorandum of Agreement and Addendum No. 1 to the Memorandum of Agreement, between EPA Region VI and the Arkansas Department of Pollution Control and Ecology and the Arkansas Oil and Gas Commission, signed by the EPA Regional Administrator on May 25, 1982.

(c) Statement of legal authority. (1) Letter from Chief Attorney, Arkansas Department of Pollution Control and Ecology, to Acting Regional Administrator, EPA Region VI, “Re: Legal Authority of the Department of Pollution Control and Ecology of the State of Arkansas to Administer an Underground Injection Control Program,” July 29, 1981;

(2) Letter from Chief Attorney, Arkansas Department of Pollution Control and Ecology, to Acting Regional Counsel, EPA Region VI, “Re: Addendum to Legal Statement—Underground Injection Control Program,” October 13, 1981;

(3) Letter from General Counsel, Arkansas Oil and Gas Commission, to Acting Regional Counsel, EPA Region VI, “Re: Supplemental Addendum to Legal Statement—Underground Injection Control Program,” October 20, 1981;

(4) Letter from Chief Attorney, Arkansas Department of Pollution Control and Ecology, to Attorney, Office of Regional Counsel, EPA Region VI (re: status as independent legal counsel), December 31, 1981;

(5) Letter from General Counsel, Arkansas Oil and Gas Commission, to Acting Regional Counsel, EPA Region VI, “Re: Supplemental Addendum to Legal Statement—Underground Injection Control Program,” January 13, 1982;

(6) Letter from Chief Counsel, Arkansas Department of Pollution Control and Ecology, to Acting Regional Counsel, EPA Region VI, “Re: Addendum to Legal Statement—Underground Injection Control Program,” February 15, 1982;

(7) Letter from Chief Counsel, Arkansas Department of Pollution Control and Ecology, to Acting Regional Counsel, EPA Region VI, “Re: Addendum to Legal Statement—Underground Injection Control Program,” May 13, 1982.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.205 EPA-administered program—Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands in Arkansas is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148 and any additional requirements set forth in this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in Arkansas is November 25, 1988.

§ 147.250 State-administered program—Class II wells.

The UIC program for Class II wells in the State of California, except those on Indian lands, is the program administered by the California Division of Oil and Gas, approved by EPA pursuant to SDWA section 1425.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of California. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) California Laws for Conservation of Petroleum and Gas, California Public Resources Code Div. 3, Chapt. 1, §§ 3000-3359 (1989);

(2) California Administrative Code, title 14, §§ 1710 to 1724.10 (May 28, 1988).

(b) The Memorandum of Agreement between EPA Region IX and the California Division of Oil and Gas, signed by the EPA Regional Administrator on September 29, 1982.

(c) Statement of legal authority. (1) Letter from California Deputy Attorney General to the Administrator of EPA, “Re: Legal Authority of California Division of Oil and Gas to Carry Out Class II Injection Well Program,” April 1, 1981;

(2) Letter from California Deputy Attorney General to Chief of California Branch, EPA Region IX, “Re: California Application for Primacy, Class II UIC Program,” December 3, 1982.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.251 EPA-administered program—Class I, III, IV and V wells and Indian lands.

(a) Contents. The UIC program in the State of California for Class I, III, IV and V wells, and for all classes of wells on Indian lands, is administered by EPA. The program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective dates. The effective date for the UIC program for all lands in California, including Indian lands, is June 25, 1984.

§ 147.253 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.

Maximum injection pressure. The owner or operator shall limit injection pressure to the lesser of:

(a) A value which will not exceed the operating requirements of § 144.28(f)(3) (i) or (ii) as applicable; or

(b) A value for well head pressure calculated by using the following formula:

Pm = (0.733−0.433 Sg)d

where:

Pm = injection pressure at the well head in pounds per square inch

Sg = specific gravity of inject fluid (unitless)

d = injection depth in feet.

§ 147.300 State-administered program—Class II wells.

The UIC program for Class II wells in the State of Colorado, except those wells on Indian Lands, is the program administered by the Colorado Oil and Gas Commission approved by EPA pursuant to section 1425 of the SDWA. Notice of this approval was published in the FR on April 2, 1984 (49 FR 13040); the effective date of this program is April 2, 1984. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Colorado. This incorporation by reference was approved by the Director of the OFR in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the State of Colorado Oil and Gas Conservation Commission, Department of Natural Resources, Suite 380 Logan Tower Building, 1580 Logan Street, Denver, Colorado, 80203. Copies may be inspected at the Environmental Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202-2405, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(1) Colorado Revised Statutes, 1989 replacement volume, Section 34-60-101 through 34-60-123;

(2) Colorado Revised Statutes, 1989 replacement volume, Section 25-8-101 through 25-8-612;

(3) Rules and Regulations, Rules of Practice and Procedure, and Oil and Gas Conservation Act (As Amended) Department of Natural Resources, Oil and Gas Conservation Commission of the State of Colorado (revised July 1989);

(4) Oil and Gas Conservation Commission Revised Rules and Regulations in the 300, 400, 500, and 600 series, effective March 20, 1989.

(b) Memorandum of agreement. The Memorandum of Agreement between EPA Region VIII and the Colorado Oil and Gas Conservation Commission, signed by the EPA Regional Administrator on March 3, 1984 and amended on August 30, 1989.

(c) Statement of legal authority. (1) Letter from Colorado Assistant Attorney General to the Acting Regional Counsel, EPA Region VIII, “Re: Class II Well Underground Injection Control Program of Colorado Oil and Gas Conservation Commission”, March 15, 1983;

(2) Letter from Colorado Assistant Attorney General to the Acting Regional Counsel, EPA Region VIII, “Re: Class II Well Injection Control Program of Colorado Oil and Gas Conservation Commission”, April 29, 1983;

(3) Letter from Colorado Assistant Attorney General to the Acting Regional Counsel, EPA Region VIII, “Re: Class II Underground Injection Control Program of Colorado Oil and Gas Conservation Commission, interpretation of C.R.S. 1973, 34-60-110”, July 11, 1983;

(4) Letter from Colorado Assistant Attorney General to the Acting Regional Counsel, EPA Region VIII, “Re: Class II Well Underground Injection Control Program of Colorado Oil and Gas Conservation Commission”, February 17, 1984;

(5) Memorandum from Colorado Assistant Attorney General to the Acting Regional Counsel, EPA Region VIII, “Re: Authority to set and enforce maximum pressure for injecting fluids into Class II wells with existing permits”, March 7, 1984.

(d) Program description. The Program Description and any other materials submitted as part of the application or as supplements thereto:

(1) Application and accompanying materials for approval of Colorado's UIC program for Class II wells submitted by the Director of the Colorado Oil and Gas Conservation Commission to the Regional Administrator, May 3, 1983;

(2) Supplemental amendment to Colorado's application for primacy for the UIC program for Class II wells describing the process through which the State will ensure enforceable limits for maximum injection pressure, describing the Commission's plan of administration for Class II wells, and describing Mechanical Integrity Test procedures for Class II wells, March 7, 1984;

(3) Official correspondence concerning various program issues between the Colorado Oil and Gas Conservation Commission and EPA Region VIII, for the period from March 7, 1984 to May 8, 1989.

§ 147.301 EPA-administered program—Class I, III, IV, V wells and Indian lands.

(a) Contents. The UIC program for Class I, III, IV and V wells on all lands in Colorado, including Indian lands, and for Class II wells on Indian lands, is administered by EPA. The program for all EPA-administered wells in Colorado other than Class II wells on the lands of the Ute Mountain Ute consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective dates. The effective date for the UIC program on all lands in Colorado, including Indian lands, except for Class II wells on lands of the Ute Mountain Ute, is June 25, 1984.

§ 147.302 Aquifer exemptions.

(a) This section identifies any aquifers of their portions exempted in accordance with §§ 144.7(b) and 146.4 of this chapter at the time of program promulgation. EPA may in the future exempt other aquifers or portions according to applicable procedures without codifying such exemptions in this section. An updated list of exemptions will be maintained in the Regional office.

(b) For all aquifers into which existing Class II wells are injecting, those portions within a

1/4 mile radius of the well are exempted for the purpose of Class II injection activities only.

§ 147.303 Existing Class I, II (except enhanced recovery and hydrocarbon storage) and III wells authorized by rule.

Maximum injection pressure. The owner or operator shall limit injection pressure to the lesser of:

(a) A value which will not exceed the operating requirements of § 144.28(f)(3) (i) or (ii) as applicable; or

(b) A value for wellhead pressure calculated by using the following formula;

Pm = (0.733-0.433 Sg)d

where:

Pm = injection pressure at the wellhead in pounds per square inch

Sg = specific gravity of injected fluid (unitless)

d = injection depth in feet.

§ 147.304 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.

(a) Maximum injection pressure. (1) To meet the operating requirements of § 144.28(f)(3)(ii) (A) and (B) of this chapter, the owner or operator:

(i) Shall use an injection pressure no greater than the pressure established by the Regional Administrator for the field or formation in which the well is located. The Regional Administrator shall establish such a maximum pressure after notice, opportunity for comment, and opportunity for a public hearing, according to the provisions of part 124, subpart A of this chapter, and will inform owners and operators in writing of the applicable maximum pressure; or

(ii) May inject at pressures greater than those specified in paragraph (a)(1)(i) of this section for the field or formation in which he is operating provided he submits a request in writing to the Regional Administrator and demonstrates to the satisfaction of the Regional Administrator that such injection pressure will not violate the requirements of § 144.28(f)(3)(ii) (A) and (B). The Regional Administrator may grant such a request after notice, opportunity for comment, and opportunity for a public hearing, according to the provisions of part 124, subpart A of this chapter.

(2) Prior to such time as the Regional Administrator establishes rules for maximum injection pressures based on data provided pursuant to paragraph (a)(2)(ii) of this section the owner or operator shall:

(i) Limit injection pressure to a value which will not exceed the operating requirements of § 144.28(f)(3)(ii); and

(ii) Submit data acceptable to the Regional Administrator which defines the fracture pressure of the formation in which injection is taking place. A single test may be submitted on behalf of two or more operators conducting operations in the same formation, if the Regional Administrator approves such submission. The data shall be submitted to the Regional Administrator within one year of the effective date of this program.

(b) Casing and cementing. Where the Regional Administrator determines that the owner or operator of an existing enhanced recovery or hydrocarbon storage well may not be in compliance with the requirements of §§ 144.28(e) and 146.22, the owner or operator shall comply with paragraphs (b) (1) through (4) of this section, when required by the Regional Administrator:

(1) Protect USDWs by:

(i) Cementing surface casing by recirculating the cement to the surface from a point 50 feet below the lowermost USDW; or

(ii) Isolating all USDWs by placing cement between the outermost casing and the well bore; and

(2) Isolate any injection zones by placing sufficient cement to fill the calculated space between the casing and the well bore to a point 250 feet above the injection zone; and

(3) Use cement:

(i) Of sufficient quantity and quality to withstand the maximum operating pressure;

(ii) Which is resistent to deterioration from formation and injection fluids; and

(iii) In quantity no less than 120% of the calculated volume necessary to cement off a zone.

(4) The Regional Administrator may specify other requirements in addition to or in lieu of the requirements set forth in paragraphs (b) (1) through (3) as needed to protect USDWs.

§ 147.305 Requirements for all wells.

(a) The owner or operator converting an existing well to an injection well shall check the condition of the casing with one of the following logging tools:

(1) A Pipe analysis log; or

(2) A Caliper log.

(b) The owner or operator of a new injection well cased with plastic (PVC, ABS, and others) casings shall:

(1) Not construct a well deeper than 500 feet;

(2) Use cement and additives compatible with such casing material;

(3) Cement the annular space above the injection interval from the bottom of the blank casing to the surface.

(c) The owner or operator of a newly drilled well shall install centralizers as directed by the Regional Administrator.

(d) The owner or operator shall as required by the Regional Administrator:

(1) Protect USDWs by:

(i) Setting surface casing 50 feet below the base of the lowermost USDW;

(ii) Cementing surface casing by recirculating the cement to the surface from a point 50 feet below the lowermost USDW; or

(iii) Isolating all USDWs by placing cement between the outermost casing and the well bore; and

(2) Isolate any injection zones by placing sufficient cement to fill the calculated space between the casing and the well bore to a point 250 feet above the injection zone; and

(3) Use cement:

(i) Of sufficient quantity and quality to withstand the maximum operating pressure;

(ii) Which is resistant to deterioration from formation and injection fluids; and

(iii) In a quantity no less than 120% of the calculated volume necessary to cement off a zone.

(4) The Regional Administrator may approve alternate casing and cementing practices provided that the owner or operator demonstrates that such practices will adequately protect USDWs.

(e) Area of review. Notwithstanding the alternatives presented in § 146.6 of this chapter, the area of review shall be a fixed radius as described in § 146.6(b) of this chapter.

(f) The applicant must give separate notice of intent to apply for a permit to each owner or tenant of the land within one-quarter mile of the site. The addresses of those to whom notice is given, and a description of how notice is given, shall be submitted with the permit application. The notice shall include:

(1) Name and address of applicant;

(2) A brief description of the planned injection activities, including well location, name and depth of the injection zone, maximum injection pressure and volume, and fluid to be injected;

(3) EPA contact person; and

(4) A statement that opportunity to comment will be announced after EPA prepares a draft permit. This requirement may be waived by the Regional Administrator when he determines that individual notice to all land owners and tenants would be impractical.

§ 147.350 State-administered program.

The UIC program for all classes of wells in the State of Connecticut, except those wells on Indian lands, is the program administered by the Connecticut Department of Environmental Protection approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the FR on March 26, 1984 (49 FR 11179); the effective date of this program is March 26, 1984. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made part of the applicable UIC program under the SDWA for the State of Connecticut. This incorporation by reference was approved by the Director of the OFR in accordance with 5 U.S.C. 552(a) and CFR part 51. Copies may be obtained at the State of Connecticut, Department of Environmental Protection, State Office Building, 165 Capitol Avenue, Hartford, Connecticut, 06106. Copies may be inspected at the Environmental Protection Agency, Region I, 5 Post Office Square—Suite 100, Boston, MA 02109-3912, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(1) Connecticut General Statutes Annotated, title 22a (Environmental Protection), chapter 439, sections 22a-1 through 22a-27 (1985 and Cumm. Supp. 1990);

(2) Connecticut General Statutes Annotated, Title 22a (Environmental Protection), Chapter 446K (1985 and Cumm. Supp. 1990).

(b) Memorandum of Agreement. The Memorandum of Agreement between EPA Region I and the Connecticut Department of Environmental Protection, signed by the EPA Regional Administrator on August 9, 1983.

(c) Statement of legal authority. (1) Statement from the Attorney General of the State of Connecticut, signed by the Attorney General on May 8, 1981;

(2) Addendum to the Statement from the Attorney General of the State of Connecticut, signed by the Attorney General on May 10, 1983.

(d) Program Description. The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.353 EPA-administered program—Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands in Connecticut is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in Connecticut is November 25, 1988.

§ 147.400 State-administered program.

The UIC program for all classes of wells in the State of Delaware, except those wells on Indian lands, is the program administered by the Delaware Department of Natural Resources and Environmental Control approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the FR on April 5, 1984 (49 FR 13525); the effective date of this program is May 7, 1984. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Delaware. This incorporation by reference was approved by the Director of the OFR in accordance with 5 U.S.C. 552(a) and 1 CFR part 5l. Copies may be obtained at the Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware, 19903. Copies may be inspected at the Environmental Protection Agency, Region III, 841 Chestnut Street, Philadelphia, Pennsylvania, 19107, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(1) Delaware Environmental Protection Act, (Environmental Control) 7 Delaware Code Annotated, Chapter 60, Sections 6001-6060 (Revised 1974 and Cumm. Supp. 1988);

(2) State of Delaware Regulations Governing Underground Injection Control, parts 122, 124 and 146 (Department of Natural Resources and Environmental Control), effective August 15, 1983.

(b) Memorandum of agreement. The Memorandum of Agreement between EPA Region III and the Delaware Department of Natural Resources and Environmental Control, signed by the EPA Regional Administrator on March 28, 1984.

(c) Statement of legal authority. Statement of the Delaware Attorney General for the Underground Injection Control Program, signed by the Attorney General on January 26, 1984.

(d) Program Description. The Program Description and any other materials submitted as part of the application (August 10, 1983), or as supplements thereto (October 14, 1983).

§ 147.403 EPA-administered program—Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands in Delaware is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in Delaware is November 25, 1988.

§ 147.451 EPA-administered program.

(a) Contents. The UIC program for the District of Columbia, including any Indian lands in the District, is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in the District of Columbia is November 25, 1988. The effective date for the UIC program in the rest of the District is June 25, 1984.

§ 147.500 State-administered program—Class I, III, IV, and V wells.

The UIC program for Class I, III, IV, and V wells in the State of Florida, except for those on Indian lands is administered by the Florida Department of Environmental Regulations, approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on February 7, 1983 (48 FR 5556); the effective date of this program is March 9, 1983. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Florida. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) Florida Air and Water Pollution Control Act, Florida Statutes Annotated sections 403.011 through 403.90 (1973 and Supp. 1983);

(2) Chapter 17-28, Underground Injection Control, Florida Administrative Code (April 27, 1989).

(b) Other laws. The following statutes and regulations although not incorporated by reference, also are part of the approved State-administered program:

(1) Administrative Procedures Act, Florida Statutes Chapter 120;

(2) Florida Administrative Code, Chapter 17-1 (1982) (Administrative Procedures Act);

(3) Florida Administrative Code, Chapter 17-3 (1982) (Water Quality Standards);

(4) Florida Administrative Code, Chapter 17-4 (1982) (Permits);

(5) Florida Administrative Code, Chapter 28-5 (1982) (Decisions Determining Substantial Interests);

(6) Florida Administrative Code, Chapter 28-6 (1982) (Licensing);

(c) The Memorandum of Agreement between EPA Region IV and the Florida Department of Environmental Regulation, signed by the EPA Regional Administrator on March 31, 1983.

(d) Statement of legal authority. (1) “Statement of Legal Authority for Implementation of Underground Injection Control Program” and accompanying certifications, signed by General Counsel for the Florida Department of Environmental Regulation, January 14, 1982;

(2) “Addendum to Statement of Legal Authority for Implementation of Underground Injection Control Program” and accompanying certifications, signed by Acting General Counsel for the Florida Department of Environmental Regulation, September 20, 1982.

(e) The Program Description and any other materials submitted as part of the original application or as supplements thereto.

§ 147.501 EPA-administered program—Class II wells and Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands and for Class II wells on non-Indian lands in the State of Florida is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective dates. The effective date of the UIC program for Indian lands in Florida is November 25, 1988. The effective date for Class II wells on non-Indian lands is December 30, 1984.

§ 147.503 Existing Class II (except enhanced recovery and hydrocarbon storage) wells authorized by rule.

Maximum injection pressure. To meet the operating requirements of § 144.28(f)(3)(i) of this chapter, the owner or operator shall use an injection pressure at the well head no greater than the pressure calculated using the following formula:

Pm = (0.733−0.433 Sg)d

where:

Pm = injection pressure at the well head in pounds per square inch

Sg = specific gravity of injected fluid (unitless)

d = injection depth in feet.

§ 147.504 Existing Class II enhanced recovery and hydrocarbon storage wells authorized by rule.

(a) Maximum injection pressure. (1) To meet the operating requirements of § 144.28(f)(3)(ii) (A) and (B) of this chapter, the owner or operator:

(i) Shall use an injection pressure no greater than the pressure established by the Regional Administrator for the field or formation in which the well is located. The Regional Administrator shall establish such a maximum pressure after notice, opportunity for comment and opportunity for a public hearing, according to the provisions of part 124, subpart A of this chapter, and will inform owners and operators in writing of the applicable maximum pressure; or

(ii) May inject at pressure greater than those specified in paragraph (a)(1)(i) of this section for the field or formation in which he is operating provided he submits a request in writing to the Regional Administrator, and demonstrates to the satisfaction of the Regional Administrator that such injection pressure will not violate the requirement of § 144.28(f)(3)(ii) (A) and (B). The Regional Administrator may grant such a request after notice, opportunity for comment, and opportunity for a public hearing, according to the provisions of part 124, subpart A of this chapter.

(2) Prior to such time as the Regional Administrator establishes rules for maximum injection pressure based on data provided pursuant to paragraph (a)(2)(ii) of this section the owner or operator shall:

(i) Limit injection pressure to a value which will not exceed the operating requirements of § 144.28(f)(3)(ii); and

(ii) Submit data acceptable to the Regional Administrator which defines the fracture pressure of the formation in which injection is taking place. A single test may be submitted on behalf of two or more operators conducting operations in the same formation, if the Regional Administrator approves such submission. The data shall be submitted to the Regional Administrator within 1 year of the effective date of this program.

(b) Casing and cementing. Where the Regional Administrator determines that the owner or operator of an existing enhanced recovery or hydrocarbon storage well may not be in compliance with the requirements of §§ 144.28(e) and 146.22, the owner or operator shall, when required by the Regional Administrator:

(1) Protect USDWs by:

(i) Cementing surface casing by recirculating the cement to the surface from a point 50 feet below the lowermost USDW; or

(ii) Isolating all USDWs by placing cement between the outermost casing and the well bore; and

(2) Isolate any injection zones by placing sufficient cement to fill the calculated space between the casing and the well bore to a point 250 feet above the injection zone; and

(3) Use cement:

(i) Of sufficient quantity and quality to withstand the maximum operating pressure;

(ii) Which is resistant to deterioration from formation and injection fluids; and

(iii) In a quantity no less than 120% of the calculated volume necessary to cement off a zone.

(4) Comply with other requirements which the Regional Administrator may specify either in addition to or in lieu of the requirements set forth in paragraphs (b)(1) through (3) of this section as needed to protect USDWs.

(c) Area of review. Notwithstanding the alternatives presented in § 146.06 of this chapter, the area of review shall be a minimum fixed radius as described in § 146.06(b) of this chapter.

(The information collection requirements contained in paragraph (a)(2)(ii) were appoved by the Office of Management and Budget under control number 2040-0042)

§ 147.550 State-administered program.

The UIC program for all classes of wells in the State of Georgia, except those wells on Indian lands, is the program administered by the Georgia Department of Natural Resources, Environmental Protection Division approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on April 19, 1984 (49 FR 15553); the effective date of this program is May 21, 1984. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph (a) are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Georgia. This incorporation by reference was approved by the Director of the OFR in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the Georgia Department of Natural Resources, Environmental Protection Division, 2 Martin Luther King Jr. Drive SE, East Tower—Suite 1456, Atlanta, Georgia 30334-9000. Copies may be inspected at the Environmental Protection Agency, Region IV, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected] .

(1) Oil and Gas and Deep Drilling Act of 1975, Official Code of Georgia Annotated (O.C.G.A.) §§ 12-4-40 through 12-4-53 (1988);

(2) Ground Water Use Act of 1972, O.C.G.A. §§ 12-5-90 through 12-5-107 (1988);

(3) Water Well Standards Act of 1985, O.C.G.A. §§ 12-5-120, through 12-5-138 (1988);

(4) Georgia Administrative Procedure Act, O.C.G.A. §§ 50-13-1 through 50-13-22 (Reprinted from the O.C.G.A. and 1988 Cumm. Supp.);

(5) Georgia Water Quality Control Act, O.C.G.A. §§ 12-5-20 through 12-5-53 (1988);

(6) Georgia Hazardous Waste Management Act, O.C.G.A. §§ 12-8-60 through 12-8-83 (1988);

(7) Georgia Safe Drinking Water Act of 1977, O.C.G.A. §§ 12-5-170 through 12-5-193 (1988);

(8) Rules of Georgia Department of Natural Resources, Environmental Protection Division, Water Quality Control, GA. COMP. R. & REGS. Chapter 391-3-6-.13 (Revised July 28, 1988).

(b) Memorandum of Agreement. The Memorandum of Agreement between EPA Region IV and the State of Georgia, signed March 1, 1984.

(c) Statement of legal authority. (1) Unofficial Opinion of the Georgia Attorney General, Op. Atty. Gen. 080-24, June 12, 1980;

(2) Underground Injection Control Program, Attorney General's Statement, February 4, 1982;

(3) Amended Attorney General's Statement Relating to Authority of the State of Georgia to Implement an Underground Injection Control Program, April 22, 1983;

(4) Letter to EPA Office of General Counsel from Senior Assistant Attorney General “Re: State UIC Program”, July 13, 1983.

(d) Program Description. The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.553 EPA-administered program—Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands in the State of Georgia is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in Georgia is November 25, 1988.

§ 147.601 EPA-administered program.

(a) Contents. The UIC program for the State of Hawaii, including all Indian lands, is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in Hawaii is November 25, 1988. The effective date for the UIC program for all other lands in Hawaii is December 30, 1984.

§ 147.650 State-administered program—Class I, III, IV, and V wells.

The UIC program for Class I, III, IV, and V wells in the state of Idaho, other than those on Indian lands, is the program administered by the Idaho Department of Water Resources, approved by the EPA pursuant to section 1422 of the Safe Drinking Water Act. Notice of this approval was published in the Federal Register on June 7, 1985; the effective date of this program is July 22, 1985. This program consists of the following elements, as submitted to the EPA in Idaho's program application. Note: Because the EPA subsequently transferred the Class II UIC program from the Idaho Department of Water Resources to the EPA, references to Class II in the following elements are no longer relevant or applicable for federal UIC purposes.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Idaho. This incorporation by reference was approved by the Director of the Federal Register effective July 22, 1985.

(1) Public Writings, Title 9, Chapter 3, Idaho Code, sections 9-301 through 9-302 (Bobbs-Merrill 1979);

(2) Crimes and Punishments, Title 18, Chapter 1, Idaho Code, sections 18-113 through 18-114 (Bobbs-Merrill 1979 and Supp. 1984);

(3) Department of Health and Welfare, Title 39, Chapter 1, Idaho Code, Chapter 39-108 (Bobbs-Merrill 1977);

(4) Drainage-Water Rights and Reclamation, Title 42, Chapter 2, Idaho Code sections 42-237(e); section 42-238 (Bobbs-Merrill 1977 and Supp. 1984);

(5) Department of Water Resources-Water Resources Board, Title 42, Chapter 17, Idaho Code, sections 42-1701, 42-1703, 42-1735 (Bobbs-Merrill 1977, section 42-1701A (Supp. 1984);

(6) Director of Department of Water Resources, Title 42, Chapter 18, Idaho Code, sections 42-1801 through 42-1805 (Bobbs-Merrill 1977);

(7) Waste Disposal and Injection Wells, Title 42, Chapter 39, Idaho Code, sections 42-3901 through 42-3914 (Bobbs-Merrill 1977), sections 42-3915 through 42-3919 (Supp. 1984);

(8) Idaho Trade Secrets Act, Title 48, Chapter 8, Idaho Code, sections 48-801 through 48-807 (Bobbs-Merrill 1977 and Supp. 1984);

(9) Administrative Procedure, Title 67, Chapter 52, Idaho Code, sections

67-5201 through 67-5218 (Bobbs-Merrill 1980 and Supp. 1984);

(10) Idaho Radiation Control Regulations (IRCR section 1-9002.70; sections 1-9100 through 1-9110, Department of Health and Welfare (May 1981);

(11) Rules and Regulations: Construction and Use of Injection Wells, Idaho Department of Water Resources, Rules 1 through 14 (August 1984);

(12) Rules and Regulations: Practice and Procedures, Idaho Department of Water Resources, Rules 1 through 14 (October 1983).

(b) The Memorandum of Agreement between EPA and Region X and the Idaho Department of Water Resources signed by the EPA Regional Administrator on February 11, 1985.

(c) Statement of legal authority. (1) The Idaho Attorney General's Statement for the Underground Injection Control Program, October 31, 1984.

(2) Letter from David J. Barber, Deputy Attorney General, Idaho Department of Water Resources to Harold Scott, EPA, Region 10, revising the Attorney General's Statement, February 14, 1985.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.651 EPA-administered program—Class II wells and all wells on Indian lands.

(a) Contents. The EPA administers the UIC program for all classes of wells on Indian lands and for Class II wells on non-Indian lands in the state of Idaho. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and the EPA shall comply with these requirements.

(b) Effective dates. The effective date of the UIC program for Indian lands in Idaho is June 11, 1984. The effective date of the UIC program for Class II wells on non-Indian lands in Idaho is July 30, 2018.

§ 147.700 State-administered program—Class I, III, IV, and V wells.

The UIC program for Class I, III, IV and V wells in the State of Illinois, except those on Indian lands, is the program administered by the Illinois Environmental Protection Agency, approved by EPA pursuant to section 1422 of the SDWA. Notice of the approval was published in the Federal Register on February 1, 1984 (49 FR 3991); the effective date of this program is March 3, 1984. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the state statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Illinois. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) Illinois Environmental Protection Act, Illinois ch. 111

1/2 , sections 1001 to 1051 (Smith-Hurd 1977 Revised Statutes and Supp. 1983), as amended by Public Act No. 83-431, 1983 Illinois Legislative Service, pages 2910 to 2916 (West);

(2) Illinois Pollution Control Board Rules and Regulations at Title 35, Illinois Administrative Code, Chapter I, Part 700, Outline of Waste Disposal Regulations; Part 702, RCRA and UIC Permit Programs; Part 704, UIC Permit Program; Part 705, Procedures for Permit Issuance and Part 730, Underground Injection Control Operating Requirements as amended by IPCB Order No. R-83039 on December 15, 1983.

(b) The Memorandum of Agreement between EPA Region V and the Illinois Environmental Protection Agency, signed by the EPA Regional Administrator on March 22, 1984.

(c) Statement of legal authority. Letter from Illinois Attorney General to Regional Administrator, EPA Region V, and attached statement, December 16, 1982.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.701 State-administered program—Class II wells.

The UIC program for Class II wells in the State of Illinois, except those on Indian lands, is the program administered by the Illinois Environmental Protection Agency, approved by EPA pursuant to section 1425 of the SDWA. Notice of the approval was published in the Federal Register on February 1, 1984 (49 FR 3990); the effective date of this program is March 3, 1984. This program consists of the following elements, as submitted to EPA in the state's program application:

(a) Incorporation by reference. The requirements set forth in the State Statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Illinois. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) Conservation of Oil and Gas, etc., Illinois Revised Statutes ch. 96

1/2 , sections 5401 to 5457 (Smith-Hurd 1979 and Supp. 1983), as amended by Public Act No. 83-1074 1983 Illinois Legislative Service pages 7183 to 7185 (West);

(2) Illinois Environmental Protection Act, Illinois Revised Statutes ch. 111

1/2 , sections 1001-1051 (Smith-Hurd 1977 and Supp. 1983), as amended by Public Act No. 83-431, 1983 Illinois Legislative Services pages 2910 to 2916 (West);

(3) Illinois Revised Statutes ch. 100

1/2 , section 26 (Smith-Hurd Supp. 1983);

(4) Illinois Department of Mines and Minerals Regulations for the Oil and Gas Division, Rules I, II, IIA, III, V, VII, and IX (1981).

(b) The Memorandum of Agreement between EPA Region V and the Illinois Department of Mines and Minerals, signed by the EPA Regional Administrator on March 22, 1984.

(c) Statement of legal authority. “Certification of Legal Authority,” signed by State Attorney, Richland County, Illinois, May 5, 1982.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

§ 147.703 EPA-administered program—Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands in the State of Illinois is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective dates. The effective date for the UIC program for Indian lands is November 25, 1988.

§ 147.750 State-administered program—Class II wells.

The UIC program for Class II injection wells in the State of Indiana on non-Indian lands is the program administered by the Indiana Department of Natural Resources (INDR) approved by the EPA pursuant to section 1425 of the SDWA. Notice of this approval was published in the FR on August 19, 1991; the effective date of this program is August 19, 1991. This program consists of the following elements, as submitted to EPA in the State's program application:

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Indiana. This incorporation by reference was approved by the Director of the FR in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the Indiana Department of Natural Resources, Division of Oil and Gas, 402 West Washington Street, room 293, Indianapolis, Indiana, 46204. Copies may be inspected at the Environmental Protection Agency, Region V, 77 West Jackson Boulevard, Chicago, Illinois, 60604, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(1) Indiana Code, title 4, article 21.5, chapters 1 through 6 (1988).

(2) West's Annotated Indiana Code, title 13, article 8, chapters 1 through 15 (1990 and Cumm. Supp. 1990).

(3) Indiana Administrative Code, title 310, article 7, rules 1 through 3 (Cumm. Supp. 1991).

(b) Memorandum of agreement. The Memorandum of Agreement between EPA Region V and the Indiana Department of Natural Resources signed by the EPA Regional Administrator on February 18, 1991.

(c) Statement of legal authority. Statement and Amendment to the Statement from the Attorney General of the State of Indiana, signed on July 12, 1990, and December 13, 1990, respectively.

(d) The Program Description and any other materials submitted as part of the original application or as supplements thereto.

§ 147.751 EPA-administered program.

(a) Contents. The UIC program for all classes of wells on Indian lands, and for Class I, III, IV, and V wells on non-Indian lands in the State of Indiana is administered by the EPA. The program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, and 148 and the additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective dates. The effective date for the UIC program on Indian lands is November 25, 1988. The effective date of the UIC program for the rest of Indiana is June 25, 1984.

§ 147.753 Existing Class I and III wells authorized by rule.

Maximum injection pressure. The owner or operator shall limit injection pressure to the lessor of:

(a) A value which will not exceed the operating requirements of § 144.28(f)(3) (i) or (ii) as applicable; or

(b) A value for well head pressure calculated by using the following formula:

Pm = (0.800-0.433 Sg)d

where:

Pm = injection pressure at the wellhead in pounds per square inch

Sg = specific gravity of injected fluid (unitless)

d = injection depth in feet.

§ 147.801 EPA-administered program.

(a) Contents. The UIC program for the State of Iowa, including all Indian lands, is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective dates. The effective date for the UIC program for all lands in Iowa, including Indian lands, is June 25, 1984.

§ 147.850 State-administered program—Class I, III, IV and V wells.

The UIC program for Class I, III, IV and V wells in the State of Kansas, except those on Indian lands as described in § 147.860, is the program administered by the Kansas Department of Health and Environment, approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on December 2, 1983 (48 FR 54350); the effective date of this program is December 2, 1983. This program consists of the following elements, as submitted to EPA in the State's program application.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Kansas. This incorporation by reference was approved by the Director of the OFR in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the Kansas Department of Health and Environment, Charles Curtis State Office Building, 1000 SW. Jackson, Topeka, Kansas 66612. Copies may be inspected at EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(1) Chapter 28, Article 46, Underground Injection Control Regulations, Kansas Administrative Regulations §§ 28-46-1 through 28-46-42 (1986 and Supp. 1987);

(2) Chapter 28, Article 43, Construction, operation, monitoring and abandonment of salt solution mining wells, Kansas Administrative Regulations §§ 28-43-1 through 28-43-10 (1986);

(3) Kansas Statutes Annotated §§ 65-161, 65-164 through 65-166a, 65-171d (1980 and Cumm. Supp. 1989).

(b) Other laws. The following statutes and regulations, although not incorporated by reference except for the select sections identified in paragraph (a) of this section, are also part of the approved State-administered program: Kansas Statutes Annotated §§ 65-161 through 65-171(w), (1980 and Supp. 1983).

(c) Memorandum of Agreement. (1) The Memorandum of Agreement between EPA Region VII and the Kansas Department of Health and Environment, signed by the EPA Regional Administrator on July 29, 1983;

(2) Addendum No. 1 of the Memorandum of Agreement, signed by the EPA Regional Administrator on August 29, 1983.

(d) Statement of legal authority. (1) “Statement of Attorney General”, signed by the Attorney General of the State of Kansas, November 25, 1981;

(2) “Supplemental Statement of Attorney General”, signed by the Attorney General of the State of Kansas, undated (one page).

(e) Program description. The program description and any other materials submitted as part of the application or supplements thereto.

§ 147.851 State-administered program—Class II wells.

The UIC program for Class II wells in the State of Kansas, except those on Indian lands as described in § 147.860, is the program administered by the Kansas Corporation Commission and the Kansas Department of Health and Environment, approved by EPA pursuant to section 1425 of the SDWA. Notice of this approval was published in the Federal Register on February 8, 1984 (49 FR 4735); the effective date of this program is February 8, 1984. This program consists of the following elements, as submitted to EPA in the State's program application.

§ 147.860 EPA-administered program—Indian lands.

(a) Contents. The UIC program for all classes of wells on Indian lands in the State of Kansas is administered by EPA. This program consists of the UIC program requirements of 40 CFR parts 124, 144, 146, 148, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA shall comply with these requirements.

(b) Effective date. The effective date of the UIC program for Indian lands in Kansas is December 30, 1984.