United States        Office of Water   EPA xxx-x-xx-xxx
         Environmental Protection    (4606)      January 2000 Draft
         Agency
SEPA
         Draft State Implementation
         Guidance for the
         Revisions to the Underground
         Injection Control Regulations
         for Class V Injection Wells

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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
                              TABLE OF CONTENTS
INTRODUCTION	  j
       A.     Safe Drinking Water Act and Underground Injection Control  	I
       B.     EPA's Strategy for Class V Wells	1
       C.     State Source Water Assessment and Protection Programs 	2
       D.     Summary of the Revisions to the UIC Regulations for Class V Injection Wells
             (The Class V Rule)	3
       E.     Purpose and Scope of this Implementation Guide	6

SECTION 1   FEDERAL REQUIREMENTS APPLICABLE TO ALL CLASS V WELLS (40
             CFR 144)	g
       I.A.   Consolidation of Class V Requirements in Subpart G of 40 CFR 144	8
       I.E.   General requirements on Class V Wells  	8
       l.C.   Non-Endangerment Requirement (Mandatory)	8
       1 .D.   Inventory Requirement (Mandatory)	9
       1 .E.   Additional Requirements of DI Programs (Inventory and Information Request)  . 9
       l.F.   Permit Requirement (when deemed necessary)	10

SECTION 2   KEYDATES OF THE CLASS V RULE  	11
       2.A.   Effective Date of the Class V Rule 	...\\
       2.B.   Revisions to Primacy State Programs 	11
       2.C.   Important Compliance Dates to be Tracked by UIC Programs	11
             2.C.I.        New and Existing Large-Capacity Cesspools  	11
             2.C.2.        New and Existing Motor Vehicle Waste Disposal Wells  	12

SECTION 3   GROUND WATER PROTECTION AREAS, OTHER SENSITIVE GROUND
             WATER AREAS, AND THE CLASS V RULE	14
       3.A.   Assessments for Ground Water Protection Areas  	14
       3.B.   Time Line for States to Complete Their Assessments of Ground Water Protection
             Areas  	15
       3.C.   Other Sensitive Ground Water Areas	16
       3.D.   Requirements and Time Line for States to Delineate Other Sensitive Ground
             Water Areas	17
       3.E.   Requirements and Time Line for EPA Regions (with DI Programs) to Delineate
             Other Sensitive Ground Water Areas	18
       3.F.   States Choosing not to Delineate Other Sensitive Ground Water Areas	19
       3.G.   Information Sharing for the Assessments of Ground Water Protection Areas .. 19
             3.G.I.       Interagency and Interdepartmental Information Exchange 	19
             3.G.2.       Information for the Public and Well Owners and Operators	20
       3.H.   Information Sharing for the Delineation of Other Sensitive Ground Water Areas

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 Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
               	20
              3.H. 1.         Interagency and Interdepartmental Information Exchange 	20
              3.H.2.         Information for the Public and Well Owners and Operators	21

 SECTION 4   REQUIREMENTS AND IMPLEMENTATION TIME LINE FOR LARGE-
              CAPACITY CESSPOOLS  	22
       4. A.    Exclusion Criteria for Large-Capacity Cesspools 	22
       4.B.    Nationwide Ban of New Large-Capacity Cesspools  	22
       4.C.    Requirements for Existing Large-Capacity Cesspools	22
              4.C. 1         Inventory Requirements for Large-Capacity Cesspools Under
                          Construction Before April 5,2000 in DI States	23
              4.C.2.        Pre-Closure Notification 	23
              4.C.3.        Well Closure Requirements	23
       4.D.    Reporting Requirements  	   24
       4.E.    General Requirements for Endangering Large-Capacity Cesspools 	25
       4.F.    Jurisdictional Issues	             25

SECTION 5   NEW REQUIREMENTS FOR MOTOR VEHICLE WASTE DISPOSAL
             WELLS  	     27
       5.A.   Nationwide Ban of New Motor Vehicle Waste Disposal Wells 	27
       5.B.   Requirements for Existing Motor Vehicle Waste Disposal Wells	27
             5.B. 1         Inventory Requirements for Wells Under Construction Before April
                          5,2000 in DI States  	27
             5.B.2.        Pre-Closure Notification  	27
             5.B.3.        Well Closure Requirements	28
             5.B.4.        Permit Requirements  	28
             5.B.5.        Monitoring Requirements  	29
             5.B.6.        Extension of Compliance Date  	30
       5.C.   Reporting Requirements 	31
       5.D.   General Requirements for Endangering Motor Vehicle Waste Disposal Wells . 32
       5.E.    Other Issues Associated with Motor Vehicle Waste Disposal Wells 	33
             5.E.I.         Storm Water Drainage Wells	' 'm\ 33
             5.E.2.         Conversion of Motor Vehicle Waste Disposal Wells to Other Class
                          V Wells 	33

SECTION 6   IMPLEMENTATION TIME LINE FOR EXISTING MOTOR VEHICLE
             WASTE DISPOSAL WELLS IN GROUND WATER PROTECTION AREAS
              	  34
       6.A.    Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Ground
             Water Protection Areas with Assessments Completed by January 1, 2004  ... 34
       6.B.    Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in New
             Ground Water Protection Areas with Assessments Completed After January  1,
                                         11

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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
             2004	35
      6.C.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Ground
             Water Protection Areas in States that Receive up to a One-Year Extension to
             Complete Their Assessments  	37
      6.D.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
             Fail to Complete Their Assessments by January 1, 2004  	38
      6.E.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
             Receive an Extension but Fail to Complete Their Assessments by January 1, 2005
              	39

SECTION 7   IMPLEMENTATION TIME LINE FOR EXISTING MOTOR VEHICLE
             WASTE DISPOSAL WELLS IN OTHER SENSITIVE GROUND WATER
             AREAS  	40
      7.A.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Other
             Sensitive Ground Water Areas with Delineation Completed by January 1, 2004
              	40
      7.B.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Other
             Sensitive Ground Water Areas of States that Receive up to a One-Year Extension
             to Complete Their Delineation	42 '
      7.C.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
             Fail to Delineate Other Sensitive Ground Water Areas by January 1,  2004	42
      7.D.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
             Receive an Extension but Fail to Complete Their Delineation by January 1,2005
              	43

SECTION 8   OTHER CHANGES TO THE UIC REGULATION	45
      8.A.   Rectification of Radioactive Waste Disposal Wells	45
      8.B.   Rule Authorization of Class IV Wells Used in Site Cleanup and Remediation  . 46
      8.C.   Addition of Plugging and Abandonment Requirements for Class IV and Class V
             Wells 	46
      8.D.   Definition of Point of Injection	47
                                        in

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


                                     APPENDICES


 Appendix A  Final Class V Rule with the preamble (64 FR 68546).

 Appendix B  Fact sheet to the Rule.

 Appendix C  Frequently asked questions.

 Appendix D  Sample permit application form.

 Appendix E  Sample pre-closure form.

 Appendix F   Sample inventory form.

 Appendix G  Guidance on the delineation of other sensitive ground water areas.

 Appendix H  Guidance on determining the status of storm water drainage wells located at motor
              vehicle service facilities.

 Appendix I    Guidance on the conversion of motor vehicle waste disposal wells to other Class V
              wells.

 Appendix J    Training presentation materials for the Rule.

 Appendix K   National Primary Drinking Water Standards.

Appendix L   Handling Water Discharges From Automotive Service Facilities Located at
              Petroleum Marketing Operations by the American Petroleum Institute.

Appendix M  Best Management Practices for the Protection of Ground Water: A Local
              Official's Guide to Managing Class V UIC Wells by Connecticut Department of
              Environmental Protection.

Appendix N   Glossary.
                                          IV

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

INTRODUCTION

A.     Safe Drinking Water Act and Underground Injection Control

       Underground injection wells are regulated by the underground injection control (UIC)
program under the authority of Part C of the Safe Drinking Water Act (SDWA) (42 U.S.C. 300h
et seq.).  The SDWA is designed to protect the quality of drinking water in the United States, and
Part C specifically mandates the regulation of underground injection of fluids through wells. EPA
has promulgated a series of UIC regulations under this authority.

       Section 1421 of the SDWA requires EPA to propose and promulgate regulations
specifying minimum requirements for State programs to prevent underground injection that
endangers drinking water sources.  EPA promulgated administrative and permitting regulations,
codified in 40 CFR parts 144 and 146, on May 19, 1980, and technical requirements in 40 CFR
part 146 on  June 24, 1980. The regulations were subsequently amended in 1981, 1982, 1983,
1988, 1993, 1994, and 1995.

       Section 1422 of the SDWA provides that States may apply to EPA for primary
enforcement responsibility to administer the UIC program; those States receiving such authority
are referred  to as "Primacy States." Where States do not seek this responsibility or fail to
demonstrate that they meet EPA's minimum requirements, EPA is required by regulation to
prescribe and directly implement a UIC program for these  States that are referred to as DI States.
For Class V wells, there are currently 37 Primacy programs (including three Territories) and 19
DI programs (including three Territories).  In addition, all Class V UIC programs in Indian
Country are directly implemented by EPA.


B.     EPA's Strategy for Class V Wells

       Class V injection wells' are generally shallow waste disposal wells, storm water and
agricultural  drainage systems, or other devices used  to release fluids either directly into
underground sources of drinking water (USDWs) or into the shallow subsurface that overlies
USDWs.2 Class V wells are used to inject non-hazardous wastes only.
         Class I wells are used to inject wastes beneath the lowermost geologic formation that contain an underground
source of drinking water (USDW)  Class II wells are used to inject fluids associated with oil and natural gas recovery and the
storage of liquid hydrocarbons Class III wells are associated with mining and the extraction of minerals such as uranium.
copper, and salts Class IV wells are used to inject hazardous or radioactive waste into or above USDWs, and they are banned
Any well that is not included in Classes I through IV, as defined in 40 CFR 144.6 and 40 CFR 144 80, is considered a Class V
well.


         An underground source of drinking water (USDW) is an aquifer or a portion of an aquifer that supplies any public
water systems or contains a sufficient quantity of ground water to supply a public water system, currently supplies drinking
water for human consumption or contains fewer than 10,000 mg/1 total dissolved solids; and is not an exempted aquifer (i e .
exempted from UIC regulations).

                                             1

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

        Class V wells are located in virtually every State, especially in unsewered areas where the
 population is likely to depend on onsite waste disposal for their wastewater and ground water for
 their drinking water. Frequently, these wells are designed as no more than shallow low-tech
 systems, such as dry wells or septic tank and leachfield combinations intended for sanitary waste
 disposal. While such designs may be adequate for draining non-hazardous waste water or the
 isolation and treatment of sanitary waste, they are  not appropriate for the disposal of other fluids,
 although these systems are sometimes inappropriately used for this purpose.

        Under the Federal regulations, all Class V  wells (with the exception of large capacity
 cesspools and motor vehicle waste disposal wells) are "authorized by rule" (40 CFR 144), which
 means they are allowed to inject if they comply with the UIC program requirements.  The'most
 important of these requirements is that Class V wells are not allowed to endanger.
         Non-endangerment means that injection operations must not allow fluid
         containing any contaminants to move into USDWs where the presence of the
         contaminants may cause violations of primary drinking water regulations or
         adversely affect public health.
       On November 23, 1999, the EPA Administrator signed a regulation that explicitly
addresses two specific types of endangering Class V wells.  In additional, EPA completed a study
of all other Class V wells and published a notice on September 30, 1999 regarding the availability
of the study.                                                                            3

       Based on information gathered during the Class V well study, EPA is working on the next
phase of its strategy to address the risks posed by Class V wells.  EPA will propose to discharge
the Administrators rulemaking obligations with respect to all Class V well types by April 2001
and finalize these rules by May 31, 2002.

C.     State Source Water Assessment and Protection Programs

       The 1996 Amendments to the SDWA establish source water protection as a national
priority.  Source waters consist of underground aquifers or surface water bodies from  which one
or more public water systems (PWSs)3 receive supplies of drinking water.  The Amendments
provide incentives for States to assess their source waters, including the susceptibility of PWSs to
contamination, and to establish State Source Water Assessment and Protection Programs that fit
their particular needs and conditions. All 50  States have submitted their plans  to EPA and a
majority of them have received approval to begin their Programs.
       3
         A public water system (PWS) is a water system that provides water to the public for human consumption through
pipes or other constructed conveyances, if such system has at least 15 service connections or reeularly serves ai least ?5
individuals

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

D.     Summary of the Revisions to the UIC Regulations for Class V Injection  Wells (The
       Class V Rule)

       The Revisions to the UIC Regulations for Class V Injection Wells, referred to in this
guidance as the "Class V Rule," adds new requirements for two categories of Class V wells to
ensure protection of USDWs:

       •       Motor vehicle waste disposal wells. These are dry wells4 or septic tank and
               leachfield combinations that receive or have received fluids from vehicular repair
               or maintenance activities, such as  an auto body repair shop, automotive repair
               shop, new and used car dealership, specialty repair shop (e.g., transmission and
               muffler repair shop), or any facility that does any vehicular repair work.  Fluids
               disposed in these wells may contain organic and inorganic  chemicals  in
               concentrations that exceed the maximum contaminant levels (MCLs) established
               by the primary drinking water regulations (see 40 CFR Part 141). These fluids
               also may include waste petroleum products and may contain contaminants, such as
               heavy metals and volatile organic compounds, which pose  risks to human health.

       •       Large-capacity cesspools.  Cesspools are typically dry wells that receive untreated
               sanitary waste, and which sometimes have an open bottom and/or perforated sides.
               The UIC requirements do not apply to single-family residential cesspools or to
               non-residential cesspools that receive solely sanitary waste and have the capacity
               to serve fewer than 20 persons a day.

       In particular, the Class V Rule bans new motor vehicle waste disposal wells and new and
existing large-capacity cesspools nationwide. The Rule also bans existing motor vehicle waste
disposal  wells in ground water protection areas and other sensitive ground water areas but
includes a waiver provision that will  allow well owners and operators to seek a permit.  The rule
includes minimum permit conditions. For the purpose of the Class V Rule, ground water
protection areas are  source water protection areas delineated in accordance with the 1996 SDWA
Amendments for community water systems (CWSs) and non-transient non-community water
systems (NTNCWSs) that use ground water as a source.5 Other sensitive ground water areas
include areas delineated by States that are critical  for the protection of USDWs.
       4
         A dry well is a bored, drilled or driven shaft or a dug hole whose depth is greater than us largest surface
dimension, which is completed above the water table so that its bottom and sides are typically dry except when receiving fluids

         Community water systems (CWSs) are public water systems that serve at least 15 service connections used by
year-round residents of the area or regularly serve at least 25 year-round residents  Non-transient non-community water
systems (NTNCWSs) regularly serve at least 25 of the same persons per day for more than 6 months per year NTNCWs
typically are schools, offices, churches, and factones. The third kind of public water systems, namely transient non-community
water systems (TNCWSs), serves 25 per day for 6 months or less per year  TNCWSs typically are restaurants, hotels, and large
stores

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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
           Revisions to the UIC Regulations for Class V Injection Wells (The Class V
           Rule) focus on:

                         Two categories of Class V wells

                         *•  Motor vehicle waste disposal wells
                            -  Nationwide ban of new wells
                            -  Ban of existing wells in ground water protection areas
                                and other sensitive ground water areas with provision to
                                obtain a waiver from the ban to obtain permits

                         ••  Large-capacity cesspools
                            -   Nationwide ban of new and existing wells

                  •       Integration of UIC regulations with source water assessment and
                         protection programs
       The new requirements of the Class V Rule are summarized in Table 1.1 along with their
locations in the new Subpart G and the relevant sections in this Implementation Guide.

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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
                        Table I.I - New Class V Rule Requirements
New Class V Rule Requirements
Ban of new large-capacity cesspools by April 5, 2000
Ban of new motor vehicle waste disposal wells by April 5, 2000
Closure of all existing large-capacity cesspools by January 1 , 2005
Well closure or obtain a waiver from the ban for motor vehicle waste
disposal wells located in ground water protection areas
Applicability of the Rule to motor vehicle waste disposal wells in new
ground water protection areas (assessed after the initial deadline)
Statewide application of the Rule to all motor vehicle waste disposal wells
in States that fail to complete local assessments for ground water protection
areas
Well closure or obtain a waiver from the ban for motor vehicle waste
disposal wells located in other sensitive ground water areas
Statewide application of the Rule to all motor vehicle waste disposal wells
in States that fail to complete delineation of other sensitive ground water
areas
Statewide application of the Rule to all motor vehicle waste disposal wells
in States that determine not to designate other sensitive ground water areas
Application of existing authorities outside of ground water protection areas
and other sensitive ground water areas
Pre-closure notification at least 30 days prior to well closure of large-
capacity cesspool and motor vehicles waste disposal wells
Closure of large-capacity cesspools and motor vehicle waste disposal wells
Permit conditions and momtonng requirements for motor vehicle waste
disposal wells
Conversion of motor vehicle waste disposal wells to other Class V well type
Plugging and abandoning Class V wells (closure)
Rectification of radioactive waste disposal wells
Rule authorization of Class IV wells under the Comprehensive
Environmental Response, Compensation, and Liability Act and Resource
Conservation and Recovery Act (EPA and States)
Federal Citation (40 CFR 144
Subpart G)
40 Cra 14484(b)(2)
40 CFR 14488(a)(2)
40 CFR 14484(b)(2)
40 CFR 14488(b)(2)
40 CFR 144.88(a)(l)(i)
40 CFR 14484(b)(2)
40 CFR 144.87(a) and (b)
40 CFR 14488(b)(l)(i)
40 CFR 14487(e)
40CFR14488(b)(l)(i)
40 CFR 144.87(b)
40 CFR 14488(b)(I)(v)
40 CFR 144.84(b)(2)
40 CFR 14487(a) and (c)
40 CFR 14488(b)(l)(u)
40 CFR 14487(c)
40 CFR 14487(b)(vi)
40 CFR 14487(f)
40 CFR 14488(b)(vi)
40 CFR 144.87(h)
40 CFR 144.88(a)(l)(n)
40 CFR 14488(b)(l)(vn)
40 CFR 144.89(a)
40 CFR 144.82(b)
40 CFR 14488(b)(I)(m)and
(iv)
40 CFR 14489(b)
40 CFR 14610(c)
40 CFR 1465
40 CFR 14423(c)
Section in
Guidance
2.C1
4B
2.C.2
5A
2 C.I
4C
2.C.2
6A
6C
6B
6D
6E
7A
7B
7C
7D

4E
5D
4C2
5B2
4C3
5B3
5B4
5B5
5E2
8C
8A
SB

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

E.     Purpose and Scope of this Implementation Guide

       The purpose of this State Implementation Guide is to provide aid to States and EPA
Regions for the implementation of the Revisions to the UIC Regulations for Class V Injection
Wells (i.e., the Class V Rule).

       The requirements of the rule contained in the Class V rule are the federal minimum.  This
guide has been developed to assist States in implementing the Class V rule, and therefore, the
material is not binding.  Where rule requirements are presented, the words "must" or "shall" are
used. Where it is recommended or guidance, the words "should" or "may" are used. This manual
presents the requirements and timelines for the requirements promulgated.

       This draft implementation guide is being developed through a workgroup process
involving EPA Headquarters and Regions. It will be updated and revised based on feedback and
comments from participants of the implementation workgroup sessions scheduled  during the first
quarter of the year 2000 and other stakeholders.  The guide contains the following  sections:

       •       Section 1 summarizes the minimum federal requirements for all Class V wells,
              which are not part of the new Class V Rule.

       •       Section 2 presents the  general time frame associated with the Class  V Rule.

              Section 3 addresses the State Source Water Assessment and Protection Program
              mandated under the SOW A Amendments of 1996, as it relates to the Class V
              Rule.

       •       Section 4 presents the  requirements and implementation time line for large-
              capacity cesspools.

       •       Section 5 focuses on the requirements associated with motor vehicle waste
              disposal wells.

       •       Section 6 presents the  implementation time line for motor vehicle waste disposal
              wells as associated with the assessments of ground water protection areas.

       •       Section 7 presents the implementation time line for motor vehicle waste disposal
              wells as associated with the delineation of other sensitive ground water areas.

              Section 8 covers other  changes contained in the Class V Rule, which are not
              related to motor vehicle waste disposal wells and large-capacity cesspools.

       •       Section 9 addresses State Primacy Revision Requirements, including a detailed
              time frame for application review and approval.  This section also contains

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

              guidance and references to help States adopt each new special primacy
              requirement included in the Class V Rule.

       The Appendices of this document also provide information that will be useful to States
and EPA Regions throughout the primacy revision application process.

       •       Appendix A contains the published Class V Rule, along with the preamble to the
              rule (64 FR 68546).

       •       Appendix B contains the fact sheet to the Rule.

       •       Appendix C provides a  list of frequently asked questions, along with their answers.

       •       Appendix D contains a sample permit application form.

       •       Appendix E contains a sample pre-closure form.

       •       Appendix F contains a sample inventory form.

       •       Appendix G contains a guidance on the delineation of other sensitive ground water
              areas.

       •       Appendix H contains a guidance on determining the status of storm water drainage
              wells located at motor vehicle service facilities.

       •       Appendix I contains  a guidance on the conversion of motor vehicle waste disposal
              wells to other Class V wells.

       •       Appendix J contains  training presentation materials for the rule.

       •       Appendix K presents the national primary drinking water standards.

       •       Appendix L contains "Handling Water Discharges From Automotive Service
              Facilities Located at  Petroleum Marketing Operations" by the American Petroleum
              Institute.

       •       Appendix M contains "Best Management Practices for the Protection of Ground
              Water: A Local Official's Guide to Managing Class V UIC Wells" by Connecticut
              Department of Environmental Protection.

       •       Appendix N contains a glossary used in this implementation guide

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 Revisions to the UIC Regulations for Class V Injection Wells
                                                           January!8, 2000Draft
 SECTION 1  FEDERAL REQUIREMENTS APPLICABLE TO ALL CLASS V WELLS
               (40 CFR 144)

 I.A.   Consolidation of Class V Requirements in Subpart G of 40 CFR 144

        The Class V Rule consolidates requirements for all Class V wells in Subpart G of 40 CFR
 144. Subpart G is written in an easy to understand "plain English" format. Class V well owners
 and operators are subject to other UIC Program requirements in 40 CFR 144 through 147. While
 most of the relevant requirements are repeated or referenced in Subpart G, it would be necessary
 for well owners and operators to read these other parts to understand the entire UIC Program.
 I.B.    General requirements on Class V Wells

        The minimum Federal standard for all Class V wells (with the exception of motor vehicle
 waste disposal wells and large-capacity cesspools) is that they are "authorized by rule" (40 CFR
 144.24). Class V wells are authorized to inject as long as:

              they do not endanger USDWs (40 CFR 144.12), and
              the well owners or operators submit basic inventory information (40 CFR 144.26).

        If a Class V well has been determined to be endangering USDWs, State and EPA may call
 the well in for a permit (40 CFR  144.25) or request additional information from the well owner or
 operator (40 CFR 144.27). Table 1.1 lists the minimum Federal requirements, their locations in
 the CFR and the new Subpart G.

                 Table 1.1 - UIC Requirements for all Class V Injection Wells
(1)
(2)
 Existing Rule Requirements
 ^^^=^^^=^=!^^=^^^=
 Submission of inventory information
 -^—^————^—^—^——^——
 Non-endangerment of USDWs
 Submission of requested information (DI States)
                                        Federal Citation
                                        40 CFR 144.26
                                               40 CFR 144 12
                                        40 CFR 14427
Subpart G
     ^=
40 CFR 14483(a)
                                                                 40 CFR 14482(a)
                                                                 40 CFR 14483(b)
 Apply for a permit (as required)
                                               40 CFR 14425
l.C.   Non-Endangerment Requirement (Mandatory)

       The minimum Federal requirements do not allow the movement of fluid containing any
contaminant into USDWs, if the presence of that contaminant may cause a violation of any
primary drinking water regulation under 40 CFR 141 or may adversely affect public health (40
CFR 144.12(a)). Also, the regulations require the State and EPA to take one or more of the
following actions if it learns that a Class V well may cause a violation of primary drinking water
regulations or adversely affect the public health (40 CFR 144.12(c)):

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

       (1)    require the well owner or operator to obtain an individual permit;

       (2)    order the well owner or operator to take actions (including well closure) to
              prevent the violation; or

       (3)    take enforcement action.

 Furthermore, the State or EPA in DI States, may take emergency action if the introduction of a
 contaminant into the USDWs may present an imminent and substantial endangerment to public
 health (40 CFR 144.12(e)).


 l.D.   Inventory Requirement (Mandatory)

       The owner or operator of a Class V injection well must submit inventory information to
 the State or EPA in a timely manner (40 CFR 144.26).  A well owner or operator is not
 authorized to inject until he or she submits inventory information for the well to the State or EPA.
 At a minimum, the well owner or operator must provide at least the following information:

       (1)     facility name and location;
       (2)     name and address of legal contact;
       (3)     ownership of facility;
       (4)     nature and type of injection wells; and
       (5)     operating status of injection wells.

Note: These information items are requested on the national "Inventory of Injection Wells" form
(OMB No. 2040-0042).  A copy of the form can be found in Appendix F.

       Owners or operators of existing Class V injection wells that have not yet submitted
inventory information are in violation of the inventory requirement and are not allowed to inject
into their wells. In Class V UIC Primacy States, well owner and operators who have not
submitted inventory information must contact the States to determine what and when they need to
submit to fulfill the inventory requirement. Additional requirements for well owners and
operators in DI States are outlined in  Section 1 .D.


I.E.   Additional Requirements of DI Programs (Inventory and Information Request)

       The Class V Rule added a new requirement for owners and operators of all Class V wells
in DI States. Well owners and operators must submit inventory information on their new Class V
wells prior to constructing their wells (40 CFR  144.83(a)(l)(i)).

       For existing Class V wells in DI States, if owners or operators have not submitted
inventory information for their wells, they must cease injection and submit inventory information.

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

A well owner or operator is not allowed to inject into the well if he or she fails to submit
inventory information. Upon submission of inventory information, a well owner or operator must
wait 90 days before resuming injection, unless he or she receives notice from EPA.  In addition,
owners and operators of certain Class V well types are required to submit additional information
under the inventory requirements (40 CFR 144.26(b)(l)(iii)(F)).

       Apart from the added inventory requirements, EPA may require the owner or operator of
any well authorized by rule to submit information for review to determine if a well may be
endangering a USDW in  violation of 40 CFR 144.12. Such information requests must be made in
writing, with a brief statement of the reasons for requiring the information (40 CHI 144.27).


I.F.   Permit Requirement (when deemed necessary)

       If determined to be necessary, a State or EPA may require the owner or operator of any
Class V well to apply for and obtain an individual or area UIC permit (40 CFR 144.25).  Criteria
for requiring a permit include:

       (1)   the injection well is not in compliance with any requirements of the rule (e.g.,
             endangering USDWs);

       (2)   the injection well is not or no longer is within the category of wells and types of
             well operations authorized in the rule; and

       (3)   the protection of USDWs requires that the injection operation be regulated by
             requirements (e.g., for corrective action, monitoring and reporting, or operation),
             which are not contained in the rule.

       Permits for Class V wells are generally effective for a fixed term not to exceed 10 years
(40 CFR 144.36). A Class V well owner or operator is not allowed to inject into the well upon
the effective date of permit denial, or upon failure by the owner or operator to submit an
application in a timely manner as specified in the notice from the State or EPA (40 CFR 144.25).
                                           10

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

SECTION 2  KEY DATES OF THE CLASS V RULE

2.A.   Effective Date of the Class V Rule

       The Class V Rule was signed by the EPA Administrator on November 23, 1999 and
published in the Federal Register on December 7, 1999 (64 FR 68546). The Rule is effective on
April 5, 2000 (i.e.,  120 days after publication) and it adds new requirements to two categories of
endangering Class V wells to ensure protection of USDWs: motor vehicle waste disposal wells
and large-capacity cesspools.
        Class V Rule Publication and Effective Dates:

               •      Signed by the Administrator on December 23,1999.
               •      Published on December 7, 1999.
                     Effective on April 5, 2000.
2.B.   Revisions to Primacy State Programs

       States with primacy programs are required to submit to EPA a proposed revision to their
State programs within 270 days of the effective date of the Class V Rule. Therefore, State
Primacy Revision Packages must be submitted by States to EPA by December 29,2000.


2.C.   Important Compliance Dates to be Tracked by UIC Programs

2.C.I.        New and Existing Large-Capacity Cesspools

       On a national basis, new large-capacity cesspools are banned as of April 5, 2000.  New
wells are those for which construction started on or after April 5,2000. In addition, all existing
large-capacity cesspools are to be closed nationwide by April  5, 2005. Additional discussions on
large-capacity cesspools are found in Sections 4 of this implementation guide.

       If a large-capacity cesspool is found to pose an imminent danger to public health, EPA
expects that the State will use existing authorities to require the well owner or operator to cease
injection before the April 5, 2005 deadline.
                                          11

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 Revisions to the UIC Regulations for Class V Injection Wells
                                                     January 18, 2000 Draft
       Key Compliance Dates Associated with Large-Capacity Cesspools:

                     New Large-Capacity Cesspools
                     *     Nationwide ban as of April 5,2000

              •       Existing Large-Capacity Cesspools
                     »•     Closed nationwide by April 5,2005
2.C.2.
New and Existing Motor Vehicle Waste Disposal Wells
       New motor vehicle waste disposal wells are banned nationwide as of April 5, 2000.  New
wells are those for which construction started on or after April 5, 2000. Existing motor vehicle
waste disposal wells in regulated areas must either be closed or be granted a waiver from the ban
and obtain a permit to continue operation.  Regulated areas are areas assessed under Section 1453
of the SDWA for CWSs and NTNCWSs that use ground water as a source and other sensitive
ground water areas delineated by States. The rule specifies minimum permit conditions.  Detail
discussions of the source water assessment and protection programs and other sensitive ground
water areas are available in Section 3 of this implementation guide.

       Key dates for regulating existing motor vehicle waste disposal wells are:  (1) the
completion of local source water assessments for CWSs and NTNCWSs that use ground water as
a source and (2) the delineation of other sensitive ground water areas, by January 1, 2004.  A
State may seek and receive up to a one-year extension to complete its assessments or delineation,
if the  State demonstrates that it has made reasonable progress in completing its assessment or
delineation process. States must apply for the extension by June 1, 2003.
        Important Dates that are Directly Linked to the Compliance Status of Existing
        Motor Vehicle Waste Disposal Wells:

               •       January 1, 2004 ~ States must complete all source water
                      assessments for CWSs and NTNCWSs that use ground water as
                      a source.*

                      January 1, 2004 - States must complete delineating other
                      sensitive ground water areas.*

           * If a State is making reasonable progress in completing the task, EPA may
           grant an extension of up to one year from the January 1,  2004 deadline. The
           State must apply for the extension by June 1, 2003.
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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft
       Additional discussions on the new requirements on motor vehicle waste disposal wells are
available in Section 5 of this implementation guide.  Detailed compliance time lines for motor
vehicle waste disposal wells are presented in Sections 6 and 7. In general, owners and operators
of wells located in ground water protection areas must be in compliance one year after their local
assessment is complete (see Section 6). In addition, owners and operators of wells located in
other sensitive ground water areas must all be in compliance by January 1,2007 or January 1,
2008, if a State is granted a one-year extension to complete the delineation (see Section 7).
                                            13

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

 SECTION 3  GROUND WATER PROTECTION AREAS, OTHER SENSITIVE
              GROUND WATER AREAS, AND THE CLASS V RULE

        The requirements for existing motor vehicle waste disposal wells apply only to those
 injection wells that are located in ground water protection areas and other sensitive ground water
 areas. Under Section 1453 of the  1996 SDWA Amendments, States are required to complete
 source water assessments for all public water systems (PWSs) by May 2003 (including a
 maximum extension of 18 months).
       State Source Water Assessment Programs - for all public water systems (PWSs)
       include:

          •   Delineation of source water protection areas.
          •   Inventory of potential contaminant sources in the delineated areas.
          •   Determination of susceptibility of the water systems to contamination.
          •   Making assessment results publicly available.
A local source water assessment is considered completed when the results of the assessment are
made available to the public.

       The new requirements apply to existing motor vehicle waste disposal wells in: (1) source
water assessment areas of community water systems (CWS) and non-transient non-community
water systems (NTNCWS) that use ground water (ground water protection areas as specified
under the State Source Water Assessment Programs) (see Section 3.A), and (2) other sensitive
ground water areas identified by States, which require additional protection from motor vehicle
waste disnnsal u/ellc
waste disposal wells.
3.A.   Assessments for Ground Water Protection Areas

       A ground water protection area, as defined by the Class V Rule, is a geographic area
delineated and assessed under Section 1453 of the SDWA for CWSs and NTNCWSs that use
ground-water as a source of drinking water. These areas receive priority for the protection of
drinking water supplies and States are required to delineate and assess these areas as part of their
State Source Water Assessment and Protection Programs. In cases where the State delineated
zones or areas representing various levels of protection, the State will need to determine which
areas correspond to ground water protection areas for the purpose of the Class V Rule.
                                          14

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft
        In the Class V Rule, a ground water protection area is a geographic area,
        designated by the State, near and/or surrounding CWSs and NTNCWSs that use
        ground water as a source of drinking water. This ground water protection area is
        delineated and assessed under Section 1453 of the SDWA.

        Note: Surface water systems and transient non-community water systems
        (TNCWSs) are not included in ground water protection areas as specified in the
        Class V Rule.
3.B.   Time Line for States to Complete Their Assessments of Ground Water Protection
       Areas

       Under Section 1453 of the 1996 SDWA Amendments, States are required to ensure that
source water assessments are completed for all public water systems (i.e., including all CWSs,
NTNCWSs, and transient non-community water systems) by May 2003 (i.e., with a 18-month
extension). Many States have already requested the extension in their Source Water Assessment
and Protection Program Plans.

       Under the Class V Rule, States are given additional time (i.e., until January 1, 2004) to
complete their assessment of ground water protection areas (for CWSs and NTNCWSs only)
before certain conditions of the Rule will take effective (e.g., statewide applicability of the Rule
for existing motor vehicle waste disposal wells).  EPA believes that all States will complete their
source water assessments for ground water protection areas by the given deadline. If a State has
made substantial progress in completing its assessments but requires more time to complete all the
local assessment, the State can apply to EPA for an extension. Applications for extensions must
be submitted to EPA by June 1, 2003. EPA may grant up to a one-year extension (i.e., up to
January 1, 2005) for a State to complete the remaining assessments.

       A summary of the time line for States to complete their local assessments of ground water
protection areas is presented in Table 3.1.
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 Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
Table 3.1 - Time Line for States to Complete Assessments of Ground Water Protection Areas
Action Item
Completion of all Source Water Assessments by States (without applying and receiving
extensions to complete the assessments)
Completion of all Source Water Assessments by States (with 18 months extension)
Application for Extending the Deadline to Complete Assessments for Ground Water
Protection Areas by States
Completion of Assessments of Ground Water Protection Areas by States (without the one-
year extension granted by EPA)
Completion of Assessments of Ground Water Protection Areas by States (with the one-
year extension granted by EPA)
RcouircniGnt Dat?
circa November 2001
circa May 2003
June 1,2003
January 1.2004
January 1,2005
3.C.   Other Sensitive Ground Water Areas

       The rule applies to areas beyond ground water protection areas to ensure protection of
USDW in other locations. In the final Class V Rule, the requirements for existing motor vehicle
waste disposal wells are expanded to other sensitive ground water areas as designated by the
States, or in the case of a DI Programs and Tribes, the EPA Regional Offices. Expanding the rule
to other sensitive ground water areas gives States the flexibility to identify areas, in addition to
ground water protection areas, that require additional protection from endangering Class V
injection wells.

       Other sensitive ground water areas will be identified by States as areas critical for the
protection of USDWs from contamination by motor vehicle waste disposal wells.
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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
       Examples of Other Sensitive Ground Water Areas:

           >  Areas overlying sole-source aquifers

           ••  Highly productive aquifer supplying private wells and TNCWSs.

           *  Continuous and highly productive aquifers in areas away from public
              water supply wells.

           >  Areas where  water supply aquifers are being recharged.

           >  Karst aquifers that discharge to surface reservoirs serving as public
              water supplies.

           *  Vulnerable or sensitive hydrogeologic settings such as glacial outwash
              deposits, eolian sands, and fractured volcanic rock.

           »•  Areas of special concern because of a combination of factors (such as
              hydrogeologic sensitivity, depth to ground water, significance as a
              drinking water source, and prevailing land use practices).
3.D.   Requirements and Time Line for States to Delineate Other Sensitive Ground Water
       Areas

       The delineation of other sensitive ground water areas is not tied to the State Source Water
Assessment and Protection Programs.  UIC Programs at Primacy States and EPA Regions (for DI
States and Tribes) will be responsible for completing the delineation of these sensitive ground
water areas. First, the States, and the EPA Region for DI States and Tribes, must develop a plan
for identifying other sensitive ground water areas.  The plan would include:

       •      Criteria for identifying certain sensitive geologic conditions such as karst, fractured
              bedrock, and unconsolidated aquifers that may be considered.

              Criteria for identifying legal designations such as sole source aquifers that may be
              considered.

       •      Criteria that will be used for excluding areas, such as the depth to ground water,
              confining layers, and likelihood of ground water use.

       •      Public participation process.
                                               17

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft
               Description of how the results and information will be made public.

        The plan for delineating other sensitive ground water areas is required as part of a State's
 primacy revision package and is therefore subject to EPA approval.  The primacy revision,
 including the plan for delineating other sensitive ground water areas, must undergo a public
 review and comment process before it can be approved by EPA.  Upon approval by EPA, the
 State will have until January 1, 2004 to complete the delineation process.  EPA believes that all
 States will complete their delineation of other sensitive ground water areas by the given deadline.
 If a State requires more time to complete the delineation, it may apply for an extension of up to
 one year (i.e., January 1, 2005).  Such an extension will only be granted if a State has made
 reasonable progress in completing its delineation but requires more time to complete the task.  In
 addition, a State must complete and submit the extension request to EPA by June 1,2003.

        If a State fails to delineate other sensitive ground water areas, the requirements for motor
 vehicle waste disposal wells apply statewide.  Owners and operators have until January 1, 2007
 (or January 1, 2008 if the State receives an extension) to comply with the rule.

        A summary of the time line for States to delineate other sensitive ground water areas is
 presented in Table 3.2.

        Table 3.2 - Time Line for States to Delineate Other Sensitive Ground Water Areas
Action Item
Submission of Delineation Plan by Primacy States (with the Primacy Revision
Package) and Making Plan Publicly Available by EPA Region (for DI States and
Tnbes)
Application for Extending the Deadline to Delineate Other Sensitive Ground Water
Areas by States (if needed)
Completion of the Delineation of Sensitive Ground Water Areas by States (without
the one-year extension granted by EPA)
Completion of the Delineation of Sensitive Ground Water Areas by States (with the
one-year extension granted by EPA)

December 29, 2000
June 1,2003
January 1,2004
January 1 , 2005
3.E.   Requirements and Time Line for EPA Regions (with DI Programs) to Delineate
       Other Sensitive Ground Water Areas

       In the case of DI programs, the EPA Regions should work with their States and complete
their plans for delineating other sensitive ground water areas and make them available for public
comments by December 29, 2000. This date was selected to correspond with the deadline for
State primacy revision submissions. A public notice should be published in the Federal Register
regarding the plan.  The EPA Regions and DI States must then work to complete the delineation
by the January 1, 2004 deadline. In order to give States the maximum flexibility, EPA will
                                            18

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Revisions to the UIC Regulations for Class V Injection Wells	January 18. 2000 Draft


encourage appropriate State agencies within the DI State to do the delineation. If the DI State
agrees to perform the delineation, the agreement between the State and EPA must be formalized
in writing.  EPA may provide technical assistance to the States and/or enter into a Memorandum
of Understanding with the States in developing the plans and conducting the delineation of other
sensitive ground water areas.

       If a DI State takes on the responsibility of delineating other sensitive ground water areas
and requires more time to delineate these areas, it can apply and receive an extension to complete
the delineation by January 1, 2005.  Such an application must be completed and submitted to EPA
by June 1,2003. An extension will only be granted if a DI State has made reasonable progress in
completing its delineation but require more time to complete  the task.


3.F.    States Choosing not to Delineate Other Sensitive Ground Water Areas

       States have the flexibility not to delineate other sensitive ground water areas and have the
rule apply statewide. Such a decision should be reflected in the primacy revision application.  A
State may decide not to delineate additional sensitive ground  water areas for a variety of reasons
that include:

       •     A statewide ban of motor vehicle waste disposal wells already exists in the State.
       •     There is an absence of motor vehicle waste disposal wells across the state.
       •     The majority, or all, of the State is considered to be sensitive ground water areas.


3.G.   Information Sharing for the Assessments of Ground Water Protection Areas

3.G.I.       Interagency and Interdepartmental Information Exchange

       For a State with Primacy in both the Class V UIC and Source Water Assessment
Programs, the UIC Program should work closely with the State Source Water Assessment and
Protection Program to ensure that the results of local assessments are  made known to the UIC
Program and made available to the public. Information exchange between the UIC and Source
Water Assessment and Protection Programs would therefore be essential to facilitate the
implementation of the Class V Rule.

       For a State with Primacy in the Class V UIC Program  but not the Source Water
Assessment Program, the State UIC Program should coordinate with EPA to ensure that the
results of local source water assessments are made known to the State UIC Program and the
public in a timely  manner.

       For a State with Primacy in the Source Water Assessment Program but not the Class V
UIC Program, the EPA Regional Office will need to work closely with the State Source Water


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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


 Assessment and Protection Program to ensure that the results of local assessments are made
 available to EPA and the public in a timely manner.

       Apart from making sure that the results of local assessments are made available to the UIC
 Programs and the public, interagency and interdepartmental communications are crucial for:

       •      The prioritization of the assessment process (e.g., ensuring the completion of local
              assessments of ground water protection areas), and

              The application to extend the deadline to complete local assessments of ground
              water protection areas.

3.G.2.        Information for the Public and Well Owners and Operators

       EPA strongly encourages UIC Programs to notify owners and operators who have
submitted inventories of their motor vehicle waste disposal wells regarding their responsibilities in
meeting the Class V Rule requirements. In addition, outreach programs through trade
organizations, building and plumbing inspectors, and local watershed associations can be used to
make well owners and operators aware of their compliance requirements.
          Results of local source water assessments for ground water protection areas
          should be made available to the public in a timely manner.

          UIC Program Directors should notify owners and operators who have
          submitted inventory as soon as their wells are in a ground water protection
          area, regarding the new rule requirements and compliance deadlines.

          Additional outreach activities coordinated between the Source Water
          Assessment and Protection and the UIC Programs can be conducted through
          trade organizations, building and plumbing inspectors, and local watershed
          associations to assist well owners and operators in complying with the Class V
          Rule requirements.
3.H.   Information Sharing for the Delineation of Other Sensitive Ground Water Areas

3.H.I.       Interagency and Interdepartmental Information Exchange

       For States with Primacy in the Class V UIC Program, the UIC Program should work with
other appropriate State agencies (e.g., State Geological Surveys and State Drinking Water
Program) to develop the plans and delineate sensitive ground water areas (i.e.. assuming the UIC


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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


program and the drinking water programs are in separate agencies or offices). It is also important
to use experiences gained from the process of susceptibility determination (a part of the source
water assessment process) to develop the delineation approach for sensitive ground water areas.

       For DI States and Tribes, EPA will work with the States and Tribes to develop plans for
delineating sensitive ground water areas. In addition, EPA will encourage DI States to conduct
the delineation on their own. EPA may provide technical assistance to the States and/or enter into
a Memorandum of Understanding with the States in developing the plans and conducting the
delineation of other sensitive ground water areas. If a State or Tribe decides not to take on the
responsibility of preparing a plan and conducting the delineation, the EPA UIC program will still
be responsible for meeting the various deadlines.

       Apart from making sure that the results  of delineation are made available to the UIC
Programs and the public, interagency and interdepartmental communications are crucial for:

       •      Setting the criteria of the delineation process, and

              Developing the application to extend the deadline to complete delineation of other
              sensitive ground water areas.

3.H.2.        Information  for the Public and Well Owners and Operators

       Upon the completion of the delineation  of other sensitive ground water areas, the UIC
programs should make the delineation results available to the public in a timely fashion. Outreach
efforts should be targeted to  affected well owners and operators regarding their responsibilities in
meeting the Class V Rule requirements. EPA recommends that UIC Program Directors notify
owners and operators who have submitted inventory regarding as soon as their wells are in
sensitive ground water areas, regarding the new rule requirements and compliance deadlines. In
addition, outreach programs  through trade organizations, building and plumbing inspectors, and
local watershed associations  can be used to make well owners and operators aware of their
compliance requirements.
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 Revisions to the UlC Regulations for Class V Injection Wells	January 18, 2000 Draft


 SECTION 4 REQUIREMENTS AND IMPLEMENTATION TIME LINE FOR LARGE-
              CAPACITY CESSPOOLS

 4.A.   Exclusion Criteria for Large-Capacity Cesspools

       A cesspool is typically a "dry well" that receives untreated sanitary waste, and which
 sometimes has an open bottom and/or perforated sides. A cesspool is considered large capacity
 when used by:

       (1)     A multiple dwelling, community or regional system for the injection of waste (e.g.,
              a duplex or apartment building), or

       (2)     Any non-residential cesspool that has the capacity to serve 20 or more people per
              day (e.g., a rest stop or church).

This rule does not affect cesspools used by single family homes or non-residential cesspools that
serve fewer than 20 people in a day.

       Many States do not use the "20 persons a day" criterion and have instead convened to
waste flow rates or cesspool volumetric capacity to classify what is a large-capacity cesspool.
EPA recognizes that  States may choose an alternate definition for large-capacity cesspools (a
capacity standard), as long as it is comparable to the "20 person per day" criterion.


4.B.   Nationwide Ban of New Large-Capacity Cesspools

       All new large-capacity cesspools, for which constructions have  not started before April 5,
2000 are banned as of April 5,2000 nationwide (40 CFR 144.88(a)(2)).
        Under the ban, large-capacity cesspools may no longer be constructed.  States
        should notify the appropriate organizations and individuals to make sure that
        new large-capacity cesspools are no longer allowed.  These agencies include:
        health departments, plumbing associations, construction contractors, septic
        system installers, and building inspectors.
4.C.   Requirements for Existing Large-Capacity Cesspools

       All existing large-capacity cesspools must be closed by April 5, 2005 (40 CFR
144.88(a)(l)(i)).  There is no extension of the compliance deadline to owners and operators of
large-capacity cesspools.
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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft
4.C.1         Inventory Requirements for Large-Capacity Cesspools Under Construction
              Before April 5,2000 in DI States

       Owners and operators of all Class V wells in DI States must submit inventory information
on their new Class V wells prior to constructing their wells (40 CFR 144.83(a)(l)(i)). Because
new large-capacity cesspools are banned as of April 5, 2000, any facility submitting inventory
after April 5, 2000 should be notified that large-capacity cesspools are banned.

       For large-capacity cesspools that are under construction prior to April 5, 2000, the well
owners or operators must submit inventory information to EPA before using their wells (40 CFR
144.83(a)(l)(ii)). Note that these wells are still required to close by April 5, 2005.

       For existing large-capacity cesspools in DI States, if the owners or operators have not
submitted inventory information for their wells, they must cease injection and submit inventory
information.  A well owner or operator is not allowed to inject into the well if he or she fails to
submit inventory information. Upon submission of inventory information, a well owner or
operators must wait 90 days before resuming injection, unless he or she receives notice from
EPA.
       All owner and operators of large-capacity cesspools must comply with the
       inventory requirement in addition to other Class V requirements such as pre-
       closure notification and well closure requirements.
4.C.2.        Pre-Closure Notification

       The pre-closure notification requirement applies to both Primacy States and DI States.
Before closing a large-capacity cesspool, the owner or operator must notify the State or EPA UIC
Program of his or her intent to close the well at least 30 days prior to well closure (40 CFR
       EPA has developed the "Class V Well Pre-Closure Notification Form" (OMB No. 2040-
0214) for DI programs. A copy of the form is available in Appendix E.  States may use their own
pre-closure notification systems, or adopt all or part of the EPA form for their own use.

4.C.3.         Well Closure Requirements

       A well may be closed 30 days after submission of the pre-closure notification.  A well
must be closed in a manner that prevents movement of contaminated fluid into USDWs, which
may cause a violation of the primary drinking water or other health-based standards, or adversely
affect public health (40 CFR 144.89(a)). State and EPA UIC Programs may have additional or
more specific closure requirements that address their unique situations.  An owner or operator
                                           23

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18,2000 Draft


 may need to dispose of or manage any soil, gravel, sludge, liquids, or other materials removed
 from or adjacent to the waste disposal well in accordance with all applicable Federal, State, and
 local regulations and requirements (40 CFR 144.82(b)).
         EPA has not promulgated new requirements for well closure. However, the rule
         states that:

                •      Wells must be closed in a manner that prevents movement of
                      contaminated fluid that may endanger USDWs.

                      Any soil, gravel, sludge, liquids, or other materials removed from
                      or adjacent to the well must be disposed or managed in
                      accordance with all applicable Federal, State, and local
                      regulations and requirements.
4.D.   Reporting Requirements

       (i)     Owners and Operators

              Owners and operators of large-capacity cesspools are required to submit pre-
       closure notifications to Class V Primacy States and EPA Regional Offices (with DI
       Programs) 30 days prior to well closure (40 CFR 144.88(a)(l)(ii)).

       (ii)    Primacy States and EPA Regions with DI Programs

              Primacy States and EPA Regions with DI Programs will need to review pre-
       closure notifications for large-capacity cesspools and maintain records associated with
       these pre-closure notices. In addition, Primacy States will need to submit requested
       summary information of their Class V programs to EPA Regional Offices, based upon the
       agreements between the States and the EPA Regions (e.g., inventory, inspections,
       noncompliance evaluation, pre-closure notifications, and closure witnessed).

       (iii)    EPA Regions

              EPA Regions will need to compiled summary information (e.g., inventory,
       inspections, noncompliance evaluation, pre-closure notifications, and closure witnessed at
       the State level) for submission to EPA Headquarters.

       A summary of the information flow among owners and operators of large-capacity
cesspools, Primacy States, and EPA is presented in Table 4.1.
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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
     Table 4.1 - Information Flow Among Large-Capacity Cesspool Owners and Operators,
                                 Primacy States, and EPA
Submission of
In formation from
Well owners and
operators in Pnmacy
States
Well owners and
operators in DI
States
Pnmacy States
EPA Regions
to Pnmacy States
Inventory information and
pre-closure notice



to EPA Regions

Inventory information and
pre-closure notice
Summary of inventory,
inspections, noncomphance
evaluation, pre-closure
notifications, and closure
witnessed

to EPA Headquarters



Summary of inventory,
inspections, noncomphance
evaluation, pre-closure
notifications, and closure
witnessed
       EPA is currently revising and updating the 7520 Forms to streamline UIC Program's
reporting requirements. The final 7520 Forms will be used to facilitate reporting of Class V
activities at the State and EPA Region levels.
4.E.   General Requirements for Endangering Large-Capacity Cesspools

       All large-capacity cesspools have the potential to endanger USDWs. States can and
should use existing authorities to take any appropriate enforcement actions against the owner and
operator of an imminently endangering well to ensure protection of USDWs.

       The deadline date associated with the Class V Rule for existing large-capacity cesspools
(i.e., closure by April 5, 2005) would not be applicable for wells that are found to be an imminent
endangerment to USDWs.
4.F.    Jurisdictional Issues

       Cesspools of varying sizes are currently regulated at different governmental levels in
different States. In many States, onsite wastewater disposal systems are regulated either by the
State Department of Health or by local departments or boards of health (e.g., town. city, or
county board of health). These non-UIC programs are responsible for meeting UIC program
requirements when regulating large-capacity cesspools.  However, State and UIC Programs, and
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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


 Regions for DI States, are ultimately responsible for ensuring that the new requirements for large-
 capacity cesspools are implemented.

        Given the multitude of authorities in regulating and managing large-capacity cesspools, it
 is essential  for the UIC program to coordinate activities with the appropriate agencies to
 effectively implement the Class V Rule requirements for large-capacity cesspools. Joint
 jurisdiction (across more than one agency) can be confusing to large-capacity cesspool owners
 and operators, and such an arrangement would subject them to unexpected liability, especially if
 these authorities fail to coordinate with the other(s).  For example, a local or State agency can do
 the public a disservice by either passively allowing or legally permitting the construction and
 operation of large-capacity cesspools that are banned by the Class V Rule.

       The State UIC Programs need to work with the appropriate agencies in their State to
 ensure that all requirements are consistent with the ban. In order to identify areas of joint
jurisdiction, and to ensure that these non-UIC programs are meeting the UIC program
 requirements, each State's Primacy Revision Package must include a description of any
 agreements  with other agencies in the State. The program description should also document how
 the UIC Program has determined that these non-UIC program requirements are consistent with
 the UIC regulations, and describes what mechanisms are in place to ensure ongoing coordination
 within and between agencies.  The Primacy Agency is still responsible for the requirements of the
 rule.

       Furthermore, the UIC Programs of Primacy States may transfer part of their authorities to
other agencies (e.g., health departments) to:

       •      Oversee the closure of large-capacity cesspools,  and
       •      Ensure no new large-capacity cesspools  are constructed.

This transfer of authorities can be accomplished by providing technical assistance to these
agencies and through Memoranda of Understanding between the State UIC programs and these
agencies.

       For States with EPA administered Class V UIC  programs, EPA will work with the State
to provide technical assistance to the appropriate agencies (e.g., health departments) to oversee
the closure of large-capacity cesspools.  In addition, EPA Regions may transfer part of their
authorities to the States to oversee the closure of large-capacity  cesspools. This transfer of
authorities can be accomplished by providing technical  assistance to the  States and through
Memoranda of Understanding between the EPA Regional Offices and the States.
                                            26

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


SECTION 5  NEW REQUIREMENTS FOR MOTOR VEHICLE WASTE DISPOSAL
              WELLS

5.A.   Nationwide Ban of New Motor Vehicle Waste Disposal Wells

       All new motor vehicle waste disposal wells (construction started after April 5, 2000),
regardless of their locations, are banned as of April 5, 2000 nationwide.
        Under the ban, floor drains at motor vehicle service bays may no longer be
        connected to septic systems or dry wells.  States should notify the appropriate
        organizations and individuals to make sure that new motor vehicle waste
        disposal wells are no longer allowed. These agencies include: health
        departments, plumbing associations, construction contractors, septic system
        installers, and building inspectors.
5.B.   Requirements for Existing Motor Vehicle Waste Disposal Wells

5.B.1        Inventory Requirements for Wells Under Construction Before April 5,2000
             in DI States

       Under the new Class V requirements, owners and operators of all Class V injection wells
(including motor vehicle waste disposal wells) in DI States must submit inventory information on
their new Class V wells prior to constructing their wells (40 CFR 144.83(a)(l)(i)). Because new
motor vehicle waste disposal wells are banned as of April 5,2000, this new inventory requirement
in DI States would no longer be needed for motor vehicle waste disposal wells after April 5,
2000. As for motor vehicle waste disposal wells that are under construction prior to April 5,
2000, the well owners or operators must submit inventory information to EPA before using their
wells (40 CFR 144.83(a)(l)(ii)).

       Owners or operators of existing motor vehicle waste disposal wells in  DI States that have
not submitted inventory information of their wells must cease injection and submit inventory
information. A well owner or operator is not allowed to inject into the well if they fail to submit
inventory information. Upon submission of inventory information, a well owner or operators
must wait 90 days before resuming injection, unless they receive notice from EPA that injection
may not be resumed or may resume sooner.
5.B.2.        Pre-Closure Notification

       The pre-closure notification requirement is a new addition to the existing UIC regulations
and it applies to owners and operators in both Primacy States and DI States and Tribes  Before


                                          27

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 Revisions to the UIC Regulations for Class V Injection Wells _ January 18, 2000 Draft


 closing a motor vehicle waste disposal well, owners or operators must notify the State or EPA
 UIC program director of their intent to close the well at least 30 days prior to well closure (40
 CFR 14
       EPA has developed the "Class V Well Pre-Closure Notification Form" (OMB No. 2040-
 02 14) for DI programs. A copy of the form is available in Appendix E.  States may use their own
 pre-closure notification systems, or adopt all or pan of the EPA form for their own use.

 5.B.3.        Well Closure Requirements

       A well may be closed 30 days after submission of the pre-closure notification. AH Class V
 wells must be closed in a manner that prevents movement of contaminated fluid into USDWs,
 which may cause a violation of the primary drinking water or other health-based standards, or
 adversely affect public health (40 CFR 144.89(a)). State and EPA UIC Programs may have
 additional or more specific closure requirements that address their unique situations. An owner or
 operator may also need to dispose or manage any soil, gravel, sludge, liquids, or other materials
 removed from or adjacent to the waste disposal well in accordance with all applicable Federal,
 State, and local regulations and requirements (40 CFR 144.82(b)).
        EPA has not promulgated new requirements for well closure. However, the rule
        states that:

               •      All Class V wells must be closed in a manner that prevents
                      movement of contaminated fluid that may endanger USDWs.

               •      Any soil, gravel,  sludge, liquids, or other materials removed from
                      or adjacent to the well must be disposed or managed in
                      accordance with all applicable Federal, State, and local
                      regulations and requirements.
5.B.4.         Permit Requirements

       The Class V rule bans existing motor vehicle waste disposal wells in ground water
protection areas and other sensitive ground water areas. However, UIC Directors can grant a
waiver from the ban and issue a permit.  UIC Directors should use their best judgment when
issuing waivers from the ban, and consider factors such as maintenance of treatment systems.
potential for impacting water systems, a facility's compliance history, and records showing waste
recycling. Owners and operators of motor vehicle waste disposal wells located in ground water
protection areas and other sensitive ground water areas may apply a waiver from the ban and
obtain a permit to continue operating their wells. They must comply with the permit by the end of
the compliance period.
                                           28

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft
       The Class V rule:
                  Bans existing motor vehicle waste disposal wells in ground water
                  protection area and other sensitive ground water areas

                  Allows UIC Directors to waive the ban and issue permits
       Owners and operators of existing motor vehicle waste disposal wells should
       apply for permits within 90 days of the geographically-based effective date or as
       early as possible to insure they are authorized to operate under a permit by the
       compliance date.
       In addition to the permit requirements found in 40 CFR 144.25 and 40 CFR 144.27 (as
required by DI Programs), State permits for motor vehicle waste disposal wells must include the
following permit conditions:

       (1)     Fluids released in motor vehicle waste disposal wells must meet the primary
              drinking water standards and other appropriate health-based standards (as
              determined by the UIC Program Director) at the point of injection.

       (2)     Best management practices (BMPs) that must be followed as specified in the
              permit.

       (3)     Monitoring requirements for injectate and sludge, (if present in dry wells or tanks
              holding injectate) both initially and on a continuing basis, must be specified in
              order to demonstrate compliance with the drinking water and other health-based
              standards. The frequency of monitoring shall be determined by the UIC Program
              Director and specified in the permit.
5.B.5.         Monitoring Requirements
      The Class V Rule does not specify monitoring requirements.  Instead, establishing
      specific monitoring requirements is at the discretion of the UIC Program when
      developing the permit.
       EPA has not set standards for monitoring requirements for motor vehicle waste disposal
wells, leaving the specificity to the discretion of the UIC Program. EPA, however, believes that
                                           29

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 Revisions to the UIC Regulations for Class VInjection Wells	January 18, 2000 Draft


 all motor vehicle waste disposal well permits should specify the following kinds of monitoring
 requirements:

        (1)     Owners or operators should be required to characterize the quality of their
               injectate and any sludge.

        (2)     If liquid from the sludge has chemical concentrations below the drinking water
               MCL and other health-based standards, owners or operators might be required to
               analyze the injectate quarterly for the first three years and then annually if it is
               consistently below the drinking water standards and other health-based standards.
               They also might be required to analyze their sludge annually.

        (3)     If the injectate is below the drinking water MCL and other health-based standards,
               but liquid from the sludge is above the appropriate standards, then owners or
               operators might have to follow the same monitoring requirement as (2), in addition
               to pump and properly dispose of their sludge.

        (4)     If the injectate is above the drinking water MCL or health-based standards, the
               owners or operators would need to:

                      (a)     Install treatment to meet permit requirements to meet drinking
                            water MCL and other health-based standards at the point of
                            injection;

                      (b)     Pump and properly dispose of their sludge;

                      (c)     Perform quarterly sampling of injectate for the first three years and
                            then annually if consistently below the drinking water MCL and
                            other health-based standards;

                     (d)     Perform annual sampling of the sludge;

                     (e)     Other requirements established by the  State  to protect USDWs
                            (e.g., ground water monitoring and non-degradation requirements).
                            or;

                     (f)     Close the well.

5.B.6.        Extension of Compliance Date

       The UIC Director (States and EPA) may grant a one-year extension to well owners and
operators if the most efficient compliance option is connection to sanitary  sewer or installation of
                                           30

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


new treatment technologies. This one-year extension, however, does not apply to the permit
application deadline.


5.C.   Reporting Requirements

       (i)    Owners and Operators

             Permit applicants must keep records of all data used to complete permit
       applications and any supplemental information submitted with the permits for a period of
       at least three years from the date when the application is signed. As a condition of the
       permit, well owners and operators must submit all monitoring reports to the UIC
       Program. Owners and operators who close their motor vehicle waste disposal wells must
       submit pre-closure notifications prior to closing their wells.

       (ii)    Primacy States and EPA with DI Programs

             Primacy States and EPA with DI Programs will need to review permit applications
       and issue permits, review monitoring data submitted by owners and operators of permitted
       motor vehicle waste disposal wells, and review pre-closure notifications for motor vehicle
       waste disposal wells.  The Primacy States and EPA will also maintain records associated
       with these activities. Furthermore, Primacy States will continue to submit summary
       information on the activities of their Class V programs to EPA Regional Offices (on the
       EPA 7520 series of UIC reporting forms).

       (iii)   EPA Regions

             EPA Regions will continue to compile summary information on State and  DI
       Program activity for submission to EPA Headquarters.

       A summary of the information flow between owners and operators of motor vehicle waste
disposal wells, Primacy States, and EPA is presented in Table 5.1.
                                          31

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 Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
   Table 5.1 - Information Row Among Well Owners and Ooerators. Primacv States and FPA
Submission of
Information ./rom
Class V injection
well owners and
operators in Primacy
States
Class V injection
well owners and
operators in DI
States
Primacy States
EPA Regions
to Primacy States
Inventory information,
permit applications,
monitoring reports, and
pre-closure notice



to EPA Regions

Inventory information, permit
applications, pre-closure notice.
monitoring reports
Summary of inventory, permit
review and issuance, inspections,
noncomphance evaluation, pre-
closure notifications, and
closures witnessed

to EPA Headquarters



Summary of inventory, permit
review and issuance, inspections.
noncomphance evaluation, pre-
closure notifications, and closure
EPA is currently revising and updating the 7520 Forms to streamline UIC Program's reporting
requirements.  The final 7520 Forms will be used to facilitate reporting of Class V activities at the
State and EPA Region levels.
5.D.   General Requirements for Endangering Motor Vehicle Waste Disposal Wells

       All motor vehicle waste disposal wells have the potential to endanger USDWs regardless
of whether they are located in ground water protection areas, sensitive ground water areas, or
areas that are not identified as critical ground water areas. States should use existing authorities
to take any appropriate enforcement actions against the owner or operators of an imminently
endangering well to ensure the protection of USDWs.

       The compliance dates associated with the Class V Rule for motor vehicle waste disposal
wells (i.e., the various geographically-based compliance dates) are not applicable to wells that are
found to be an imminent endangerment to USDWs.
                                           32

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


5.E.   Other Issues Associated with Motor Vehicle Waste Disposal Wells

5.E.I.        Storm Water Drainage Wells

       Storm water drainage wells located at motor vehicle service facilities that are designed for
storm water management but also may receive insignificant amounts of fuel due to unintentional
small volume leaks, drips, or spills at the fuel pumps are not considered to be motor vehicle waste
disposal wells. These drainage wells are not subject to the new Class V rule requirements.
However, these wells continue to be subject to the non-endangerment provision.  EPA is
developing a guidance to assist Regions, States and owners and operators of this type of well to
determine if wells are motor vehicle waste disposal wells or storm water drainage wells.  A copy
of the draft guidance on determining the status of storm water drainage wells located at motor
vehicle service facilities will be included in Appendix H.

5.E.2.        Conversion of Motor Vehicle Waste Disposal Wells to Other Class V Wells

       State or EPA may authorize the conversion or reclassification of a motor vehicle waste
disposal well to another type of Class V well. Motor vehicle waste disposal wells may only be
converted to receive other fluids (e.g., snow melt and exterior carwash water), if all motor
vehicle-related fluids are segregated by a physical barrier and are not allowed to enter the well.
EPA also believes that in order to meet the requirements for well conversion, owners and
operators of converted Class V injection wells in motor vehicle service facilities will need to
implement BMPs and physical segregation of motor vehicle waste fluids from the injection wells.
In addition, a well conversion decision will be based on  a facility's compliance history and its
records of proper waste disposal (i.e., ensure unlikelihood for motor vehicle waste to enter the
well). Finally, the use of a semi-permanent plug as the means to segregate waste  is not sufficient
to convert a motor vehicle waste disposal well to another type of Class V well.  EPA is
developing a guidance for the conversion of motor vehicle waste disposal wells and it will be
included in Appendix I.
                                            33

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


 SECTION 6  IMPLEMENTATION TIME LINE FOR EXISTING MOTOR VEHICLE
              WASTE DISPOSAL WELLS IN GROUND WATER PROTECTION
              AREAS

 6.A.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Ground
       Water Protection Areas with Assessments Completed by January 1,2004

       Owner or operator of a motor vehicle waste disposal well located within a ground water
 protection area will have one year from the completion of the assessment to either close the well
 or operate the well under permit conditions. The State and EPA (for DI States) may grant a one-
 year extension to well owners and operators, on a case by case basis, if the most efficient
 compliance option is connection to a sanitary sewer or installation of new treatment technologies.
 This one-year extension, however, does not apply to the permit application deadline.

       A number of Primacy States may complete some of their local assessments for ground
 water protection areas before they have revised their Class V UIC Programs. In these cases,
 owners and operators of existing motor vehicle waste disposal wells located in ground water
 protection areas (with completed assessments) will have one year from the date of EPA's
 approval of their States' Class V UIC program revisions to comply with the  new Class V
 requirements.  Again, the States and EPA may grant a one-year extension to motor vehicle waste
 disposal well owners and operators, on a case by case basis, if the most efficient compliance
 option is connection to a sanitary sewer or installation of new treatment technologies. This one-
 year extension, however, does not apply to the permit application deadline.
      Compliance Date for Motor Vehicle Waste Disposal Wells in Ground Water
      Protection Areas with Completed Local Source Water Assessments:

            •      One year from the completion date of the local assessment; or

                   One year from the date of EPA's approval of a State's revised UIC
                   program, whichever is later.

      Note: States and EPA may grant a one-year extension to well owners and
      operators, on a case by case basis, if the most efficient compliance option is
      connection to a sanitary sewer or installation of new treatment technologies. This
      one-year extension, however, does not apply to the permit application deadline.
       A summary of the compliance dates for owners and operators of motor vehicle waste
disposal wells located in ground water protection areas with completed assessments is presented
in Table 6.1 and Exhibit 6-1.
                                         34

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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
    Table 6.1 - Time Line for Motor Vehicle Waste Disposal Wells Located in Ground Water
                       Protection Areas with Completed Assessments
State Action
Completion of Source Water
Assessments (before EPA approves the
primacy revision)
Completion of Source Water
Assessments by January 1 , 2004
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well
Apply for a permit
Operate under permit conditions, or
Close the well
Requirement Date
Within 90 days after EPA approves the
primacy revision (recommended)
Within 1 year after EPA approves the
primacy revision, unless granted an
extension to comply (up to 1 year)
Within 90 days after the assessment
completion date (recommended)
Within 1 year after the assessment
completion date, unless granted an
extension to comply (up to 1 year)
       Because States must complete all local assessments for ground water protection areas by
January 1,2004, the latest compliance date for affected motor vehicle waste disposal well owners
and operators is January 1,2005, unless they are granted an extension of up to one year.


6.B.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in New Ground
       Water Protection Areas with Assessments Completed After January 1,2004

       After January  1,2004, new ground water protection areas may be designated by States for
new CWSs and NTNCWSs that use ground water as a source. In addition, States may officially
re-delineate the boundaries of previously delineated ground water protection  areas to include
additional areas. Motor vehicle waste disposal wells located in these newly assessed ground
water areas will have one year to comply with the Class V Rule requirements. Again, the States
and EPA may grant a one-year extension to well owners and operators, on a case by case  basis.

       A summary of the compliance dates for owners and operators of motor vehicle waste
disposal wells located in ground water protection areas is presented in Exhibit 6-1.
                                          35

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Revisions to the UIC Regulations for Class V Injection Wells
                                       January 18, 2000 Draft
                                                     Exhibit 6-1
                  Compliance Dates for Existing Motor Vehicle Waste Disposal Wells
                    in Ground Water Protection  Areas with Completed Assessments
                         A State must complete all assessments of ground water protection
                         areas by January 1, 2004 unless it is granted a one-year extension to
                         complete its assessments by January 1, 2005.
       A well owner or operator
      has a motor vehicle waste
      disposal well (according to
       40 CFR 144.85) that is
      located m a ground water
          protection area.
                                                The State received
                                           EPA's approval of the revised UIC
                                                    Program
                                        The State is working with
                                         EPA on the approval of
                                        the revised UIC Program
The well is in a Primacy State
 The well is in a Dl State where EPA is
    implementing the UIC program.
     The approval date of the
 revised UIC Program is before the
completion date of the correspond
       local assessment
  The well owner or operator has one
  year after the completion date of the  V-
  local assessment to close the well or
   operate under permit conditions.*
                               / The well owner or operator has one year
                               |   from the date of EPA's approval of the
                               I  revised UIC Program to close the well or
                               \    operate under permit conditions "
                                                    * The well owner or operator can apply for a one-year extension if his
                                                    or her compliance option is connection to a sanitary sewer or
                                                    installation of new treatment technologies On a case by case basis.
                                                    the State or EPA UIC Program will review the application for       j
                                                    approval  This one-year extension, however, does not apply to the
                                                    permit application deadline
                                                   36

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Revisions to the UIC Regulations for Class V Injection Wells
                                                            January 18, 2000 Draft
        After the completion of the assessments of ground water protection areas, a motor
        vehicle waste disposal well located outside these ground water protection areas
        may be affected by the Class V Rule if:

                •   The State completes the assessment for a new ground water protection
                   area for a new CWS or NTNCWS that uses ground water as a source.

                •   The State re-delineates the boundaries of a previously delineated
                   ground water protection area.
6.C.
Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Ground
Water Protection Areas in States that Receive up to a One-Year Extension to
Complete Their Assessments
       If a State has made reasonable progress in completing its local assessments for ground
water protection areas but require more time to complete all the local assessments beyond the
January 1, 2004 deadline, the State can apply to EPA for an extension. Applications for
extensions must be submitted by June 1,2003, and the State has to show that it has made
reasonable progress in completing the assessment. EPA may  grant up to a one-year extension for
a State to complete the remaining assessments (i.e., up to January  1, 2005).

       Owners and operators of motor vehicles wells will have one year from the completion of a
local assessment to comply with the requirements of the Class V rule, with the latest date being
January 1, 2006. Again, the State may grant a one-year extension  to well owners and operators,
on a case by case basis, if the most efficient compliance option is connection to a sanitary sewer
or installation of new treatment technologies. This one-year extension, however, does not apply
to the permit application deadline.

       A summary of the compliance dates for owners and  operators of motor vehicle waste
disposal wells located in ground water protection areas in States that received an extension to
complete their assessments is presented in Table 6.2 and Exhibit 6-1.
                                           37

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 Revisions to the UlC Regulations for Class V Injection Wells
                                                             January 18, 2000 Draft
    Table 6.2 - Time Line for Motor Vehicle Waste Disposal Wells Located in Ground Water
                     Protection Areas in States that Receive an Extension
State Action
Completion of All Local Assessment of
Ground Water Protection Areas by the
Extended Deadline of January 1, 2005
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well
Rcouircmcnt D&ic
Within 90 days after the assessment
completion date (recommended)
Within 1 year after the assessment
completion date, unless granted an
       Because a State must complete all local assessments for ground water protection areas by
the extended deadline of January 1,2005 to avoid statewide application of the requirements for
motor vehicle waste disposal wells, the latest compliance deadline for affected well owners and
operators is January 1, 2006.
6.D.
Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
Fail to Complete Their Assessments by January 1,2004
       As discussed in Section 3.B, EPA believes that all States will complete their source water
assessments for ground water protection areas by the given deadline. The following compliance
dates are included to present all possible compliance dates.

        If a State fails to complete its local assessments for ground water protection areas and is
not eligible for an extension, the Class V Rule requirements will apply statewide on January 1,
2004. Owners and operators of all motor vehicle waste disposal wells, regardless of their
locations, would then have one year (i.e., by January 1,2005) to close their wells or operate their
wells under permit conditions. The State may grant a one-year extension to well owners and
operators, on a case by case basis, if the most efficient compliance option is connection to a
sanitary sewer or installation of new treatment technologies.  This one-year extension, however,
does not apply to the permit application deadline.

       A summary of the compliance dates for owners and operators of motor vehicle waste
disposal wells in States that fail to complete their assessments by January 1, 2004 is presented in
Table 6.3.
                                           38

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Revisions to the UIC Regulations for Class V Injection Wells
                                                            January 18, 2000 Draft
 Table 6.3 - Time Line for All Motor Vehicle Waste Disposal Wells Located in States that Fail to
             Complete Their Local Assessments of Ground Water Protection Areas
State Action
Fail to Complete Local Assessments of
Ground Water Protection Areas by the
original January 1 , 2004 deadline and do
not receive an extension
Owner and Operator Acbon
Apply for a permit
Operate under permit conditions, or
Close the well
Recjuirement Date
By early 2004 (recommended)
By January 1 , 2005, unless granted an
extension to comply (up to 1 year)
6.E.
Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
Receive an Extension but Fail to Complete Their Assessments by January 1,2005
       As discussed in Section 3.B, EPA believes that all States will complete their source water
assessments for ground water protection areas by the given deadline. The following compliance
dates are included to present all possible compliance dates.

       If a State receives a one-year extension but fails to complete its local assessments for
ground water protection areas by the extended deadline, the Class V Rule requirements will apply
statewide on January 1,2005. Owners and operators of all motor vehicle waste disposal wells,
regardless of their locations, would then have one year to close their wells or operate their wells
under permit conditions (i.e., by January 1,2006).  The State may grant a one-year extension to
motor vehicle waste disposal well owners and operators, on a case by case basis, if the most
efficient compliance option  is connection to a sanitary sewer or installation of new treatment
technologies. This one-year extension, however, does not apply to the permit application
deadline.

       A summary of the compliance dates for owners and operators of motor vehicle waste
disposal wells in States that  fail to complete their assessments by January 1, 2005 is presented in
Table 6.4.

Table 6.4 - Time Line for AH Motor Vehicle Waste Disposal Wells Located in States  that Receive
 an Extension but Fail to Complete Their Local Assessments of Ground Water Protection Areas
State Action
Fail to Complete Local Assessments of
Ground Water Protection Areas by the
extended deadline of January 1 , 2005
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well
Requirement Date
By early 2005 (recommended)
By January 1 , 2006, unless granted an
extension to comply (up to 1 year)
                                          39

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Revisions to the UIC Regulations for Class V Injection Wells
                                                          January 18, 2000 Draft
SECTION 7  IMPLEMENTATION TIME LINE FOR EXISTING MOTOR VEHICLE
              WASTE DISPOSAL WELLS IN OTHER SENSITIVE GROUND WATER
              AREAS
7.A.
Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Other
Sensitive Ground Water Areas with Delineation Completed by January 1,2004
       Apart from ground water protection areas, the Class V Rule also applies to existing motor
vehicle waste disposal wells in other sensitive ground water areas to be delineated by individual
States and EPA Regions (for DI States). To avoid statewide application of the Class V rule
requirements, States and EPA Regions must delineate other sensitive ground water areas by
January 1,2004.

       If a State, or an EPA Region for a DI State, has completed its sensitive ground water area
delineation by January 1, 2004, owners and operators of wells in these sensitive ground water
areas will have until  January 1, 2007 to close their wells or operate their wells under permit
conditions. The States or EPA may grant a one-year extension to motor vehicle waste disposal
well owners and operators, on a case by case basis, if the most efficient compliance option is
connection to a sanitary sewer or installation of new treatment technologies. This one-year
extension, however, does not apply to the permit application deadline.

       A summary of the compliance dates for owners and operators of motor vehicle waste
disposal wells located in other sensitive ground water areas with delineation completed by January
1, 2004 is presented in Table 7.1  and  Exhibit  7-1.

   Table 7.1 - Time Line for Motor Vehicle Waste Disposal Wells Located in Other Sensitive
            Ground Water Areas with Delineation Comoleted bv Januarv 1 2004
State Action
Completion of Delineation of Other
Sensitive Ground Water Areas by
January 1 , 2004
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well
Reouirement Date
As soon as practical (recommended)
By January 1 , 2007, unless granted an
extension to comply (up to 1 year)
                                         40

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Revisions to the UIC Regulations for Class V Injection Wells
                         January 18, 2000 Draft
                                            Exhibit 7-1
       Compliance Dates for Existing Motor Vehicle Waste Disposal Wells
                          in Other Sensitive Ground Water Areas
            A State must complete the delineation of other sensitive ground water
            areas by January 1, 2004 unless it is granted a one-year extension to
            complete the delineation by January 1,2005.
                   A well owner and
                  operator has a motor
                 vehicle waste disposal
                  well (according to 40
                  CFR 144.85) that is
                  located in a sensitive
                  ground water area.
                    State completed th
               delineation of other sensitive
                 ground water areas by
                   January 1,2004.
            /The well owner or operator has^
            / until January 1, 2007 to close the'
            I   well or operate under permit
            V        conditions.'
    The State applied for and
    obtained an extension to
    complete the delineation
      by January 1,2005
 /The well owner or operator has\
/until January 1,2008 to close the\
I  well or operate under permit  j
 V        conditions.        /
                * The well owner or operator can apply for a one-year extension if his or
                her compliance option is connection to a sanitary sewer or installation of
                new treatment technologies. On a case by case basis, the State and EPA
                UIC Program will consider review the application for approval. This one-
                year extension, however, does not apply to the permit application deadline
                In addition, this one-year extension is not available when a State is
                granted a one-year extension to complete its delineation of other sensitive
                ground water areas.
                                                 41

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


 7.B.    Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Other
        Sensitive Ground Water Areas of States that Receive up to a One-Year Extension to
        Complete Their Delineation

        If a State has made reasonable progress in completing its delineation of other sensitive
 ground water areas but require more time to complete its delineation beyond the January 1, 2004
 deadline, the State can apply to EPA for an extension for up to one year. An application for
 extension must be submitted by June 1, 2003.  If a State receives a one-year extension to delineate
 other sensitive ground water areas (i.e., with a new deadline of January 1,2005), affected well
 owners and operators will have until January 1, 2008 to comply with the Class V Rule
 requirements.  In this case, the State may not grant a one-year compliance extension to well"
 owners and operators.  Therefore, the last possible compliance date for affected motor vehicle
 waste disposal wells in other sensitive ground water areas is January 1,2008.

        A summary of the compliance dates for owners and operators of motor vehicle waste
 disposal wells located in other sensitive ground water areas  with delineation completed by the
 extended deadline of January 1, 2005 is presented in Table 7.2 and Exhibit 7-1.

   Table 7.2 - Time Line for Motor Vehicle Waste Disposal Wells Located in Other Sensitive
     Ground Water Areas of States that Receive an Extension to Complete Their Delineation
 State Action
 Completion of Delineation of Other
 Sensitive Ground Water Areas by the
 extended deadline of January 1,2005
                                 Owner and Operator Action
Apply for a permit
                                 Operate under permit conditions, or
                                 Close the well
                            Requirement Date
As soon as practical but no later than
early 2007 (recommended)
                            By January 1,2008
Note The one-year extension to well owners and operators is not applicable when a State is granted a one-year extension to
complete its delineation, that is, the last possible compliance date for affected wells is January 1,2008


7.C.   Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
       Fail to Delineate Other Sensitive Ground Water Areas by January 1,2004

       As discussed in Section 3.D, EPA believes that all States will complete their other
sensitive ground water delineations by the given deadline. The following compliance dates are
included to present all possible compliance dates.

       If a State does not complete its delineation of other sensitive ground water areas by the
January 1, 2004 deadline and  is not eligible for an extension, the Class V Rule requirements will
apply statewide. Owners and  operators of all motor vehicle waste disposal wells, regardless of
their locations, would then have to close their wells or operate their wells under permit conditions
by January 1, 2007, unless they are under  a different compliance schedule as described in Section
6 (i.e., their wells are located in ground water protection areas). The State may grant a one-year
extension to well owners and operators, on a case by case basis, if the most efficient compliance

                                            42

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Revisions to the UIC Regulations for Class V Injection Wells
                                                             January 18, 2000 Draft
option is connection to a sanitary sewer or installation of new treatment technologies. This one-
year extension, however, does not apply to the permit application deadline.

       A summary of the compliance dates for owners and operators of motor vehicle waste
disposal wells located in States that fail to delineate other sensitive ground water areas by January
1, 2004 is presented in Table 7.3.

Table 7.3 - Time Line for All Motor Vehicle Waste Disposal Wells Located in States that Fail to
               Delineate Other Sensitive Ground Water Areas by January 1, 2004
State Action
Fail to Complete Delineation of Other
Sensitive Ground Water Areas by the
January 1 , 2004 deadline
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well
Requirement Date
As soon as practical (recommended)
By January 1 , 2007, unless granted an
extension to comply (up to 1 year)
7.D.
Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
Receive an Extension but Fail to Complete Their Delineation by January 1,2005
       As discussed in Section 3.D, EPA believes that all States will delineate other sensitive
ground water areas within the given timeframe and that the statewide application will not be
applied due to failure to complete delineations. However, compliance deadlines are outlined
below for consistency.

       If a State seeks and is granted an extension for up to one year from the January 1, 2004
deadline to delineate other sensitive ground water areas but then fails to complete its delineation
by the extended deadline of January 1,2005, the Class V Rule requirements will apply statewide.
Owners and operators of all motor vehicle waste disposal wells, regardless of their locations,
would then have to close their wells or operate their wells under permit conditions by January 1,
2008, unless they are under a different compliance schedule as described in Section 6 (i.e., their
wells are located in ground water protection areas).

       If a State is granted an extension to complete its delineation of other sensitive ground
water areas, it may not grant the one-year compliance extension to well owners and operators.
Therefore, the last possible compliance date for affected wells is January 1, 2008.

       A summary of the compliance dates for owners and operators of motor vehicle waste
disposal wells located in States that fail to delineate other sensitive ground water areas with
delineation completed by the extended deadline of January 1, 2005 is presented in Table 7.5.
                                           43

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Revisions to the UIC Regulations for Class V Injection Wells
January 18, 2000 Draft
Table 7.5 - Time Line for All Motor Vehicle Waste Disposal Wells Located in States that Receive
   an Extension but Fail to Complete Their Delineation of Other Sensitive Ground Water Areas
State Action
Fail to Complete Delineation of Other
Sensitive Ground Water Areas by the
extended deadline of January 1, 2005
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well

As soon as practical but no later than
early 2007 (recommended)
By January 1,2008
     	j	—«—•«•«""• «* -•»••• wtiwi.a tuiu wpwicuwia la uv/i a£spiii*OLnc wucii a oiaic li gialllCU a 0
complete its delineation, that is, the last possible compliance date for affected wells is January 1,2008
                                               44

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


SECTION 8  OTHER CHANGES TO THE UIC REGULATION

       The Class V rule makes changes in three other areas that are related to the other aspects
of the UIC Program:

       (1)    Rectification of radioactive waste disposal wells.

       (2)    Rule authorization of hazardous Class IV wells used for site cleanups authorized
              under both Federal and State Comprehensive Environmental Response,
              Compensation, and Liability Act (CERCLA) and Resource Conservation and
              Recovery Act (RCRA) actions.

       (3)    Addition of plugging and abandonment requirements for Class IV and Class V
              wells.

In addition, the Class V Rule provides an expanded definition of the point of injection.


8.A.   Rectification of Radioactive Waste Disposal Wells

       The Class V Rule revises 40 CFR 144.6(a) and 146.5(a) by adding a paragraph (3) to
move Class V radioactive waste disposal wells injecting below all USDWs into the Class I
category.  These radioactive waste disposal wells are similar to other Class I wells in terms of
their design, the nature of the injected fluids, and their potential to endanger USDWs. In addition,
similar to other Class I wells, they inject below all USDWs and therefore warrant the same level
of control. EPA believes that all of the radioactive waste disposal wells are located in Texas and
are regulated as Class I wells.

       In order to protect USDWs from radioactive waste disposal wells,  EPA believes that the
Class I requirements related to permitting, construction, operation, monitoring, reporting,
mechanical integrity testing, area  of review, and plugging and abandonment are applicable to these
wells. Therefore, EPA has determined to reclassify Class V wells that inject radioactive waste
below the lowermost USDW as Class I wells and subject them to the full set of existing Class I
requirements. Such a reclassification is administratively simpler and more streamlined than
keeping radioactive waste disposal wells in the Class V category and developing additional
requirements (i.e., identical to the Class I requirements) under the Class V program.

       The reclassification of radioactive waste disposal wells from the Class V category to the
Class I category does not affect the disposal of naturally occurring radioactive material (NORM)
in Class II wells as part of oil and gas field operations. The injection of fluid  associated with oil
and gas production, including fluids containing NORM, will continue to be regulated under
existing Class n UIC regulations or under applicable regulations prescribed by the Primacy State
agency.
                                           45

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 Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft


       Note: Section  144.26 is amended by revising paragraph (b)(l)(iii)(B) and Section 146.5 is
       amended by revising paragraph (e)(l 1) by stating "Radioactive waste disposal wells that
       are not Class I wells."
8.B.   Rule Authorization of Class IV Wells Used in Site Cleanup and Remediation

       The Class V Rule added a new paragraph (c) to 40 CFR 144.23 to clarify the status of
injection wells of hazardous waste used in site cleanup and remediation (as a type of Class IV
wells). If the injection wells are used to inject treated contaminated ground water (but still
considered to be a hazardous waste) into the same formation from which it was withdrawn, they
are authorized by rule for the life of the wells, provided that such injection activity is approved by
EPA or a State pursuant to provisions for the cleanup of contaminant releases under the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 or
the Resource Conservation and Recovery Act (RCRA) of 1976. On the other hand, voluntary
cleanup efforts (i.e., not covered under the CERCLA and RCRA provisions) are not allowed to
operate Class IV wells for site cleanup and remediation. The rule change does expand the
authorization of these wells to State programs as well as Federally run CERCLA and RCRA
programs.
8.C.   Addition of Plugging and Abandonment Requirements for Class IV and Class V
       Wells

       The Class V Rule revises 40 CFR 146.10 by adding plugging and abandonment
requirements for Class IV and Class V wells. Prior to abandoning any Class IV well, the owner
or operator must notify State and EPA UIC programs of his or her intent to abandon the well at
least 30 days prior to abandonment. Then, the well owner or operator shall plug or close the well
in a manner acceptable to EPA. [Note: Because 40 CFR 144.23(b) is only applicable to EPA
administered programs, by reference, the Class IV requirement at 40 CFR 146.10 (Plugging and
abandoning) is then only applicable to EPA administered programs.]

       For Class V wells, prior to abandoning a well, the owner or operator must notify the UIC
program at least 30 days prior to well closure. The well owner or operator must then close the
well in a manner that prevents the movement of fluid containing any contaminant into a USDW, if
the presence of that contaminant may cause a violation of any primary drinking water regulation
or may adversely affect public health. In addition, the  owner or operator must dispose or manage
any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the closed welhn
accordance with all applicable Federal,  State, and local regulations  and requirements.
                                          46

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Revisions to the UIC Regulations for Class V Injection Wells	January 18, 2000 Draft

8.D.   Definition of Point of Injection

       The point of injection for a Class V well is the last accessible sample point before the
release of waste fluids into the subsurface environment. For example, the point of injection of a
Class V septic system might be the distribution box - the last accessible sampling point before the
waste fluids drain into the leach field and the underlying soils. For a dry well, it is likely to be the
well bore itself. EPA is developing a guidance for determining the point of injection and it can be
found in Appendix J.
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SECTION 9       PRIMACY REVISION APPLICATION PROCESS

      To be in compliance with the Safe Drinking Water Act, you must demonstrate to
the EPA that your State's statutes, regulations, forms, procedures and other primacy
elements, include requirements equivalent to, or more stringent than the new minimum
Federal requirements for Class V wells published in the Federal Register on December
7, 1999 (64 FR 68546). The purpose of this implementation guide is to help you
prepare a primacy revision application that will satisfy the new minimum Federal
requirements for Class V wells, hereafter referred to as the Class V rule.  Throughout
the guide are references to the location of the minimum Federal requirements in the
Code of Federal Regulations (CFR), (for example, "Procedures for Revision of State
Programs" at 40 CFR 145.32). We have also provided three "short forms"at the end of
this guide to reduce your application workload. These are the forms: (1) the Program
Description Guide; (2) the Primacy Revision Crosswalk; and (3) the State Primacy
Revision Checklist. These forms describe exactly what information that the EPA
requires in your primacy revision application.

 A.   Does My State have to submit a primacy revision application to the EPA?

      Contact your EPA Regional Office to find out if your current §1422  program
      requires "substantial" or "non substantial" revisions to comply with the
      Class V rule.

      The Regional Office will tell you if your program revisions are substantial or non
substantial. Substantial revisions are rule making and must be approved by the EPA
Administrator. This means that you must submit a primacy revision application.  Non
substantial revisions do not require rule making, and can be approved by a letter from
the Regional Administrator to the Governor.  This means that you may not have to
submit a primacy revision application.

      Your EPA Regional Office will also explain the revision process, help you
prepare the application, provide you the short forms in electronic format, and establish
a timetable for the draft and final applications.

B.    When am I  Required to Submit a Primacy Revision Application to the EPA?

      You must submit a complete and final primacy revision application to your
      Regional office no later than December 29, 2000.

      The new Class V rule, is effective on April 5, 2000, which is 120 days after the
publication date, December 7, 1999.  As a State with primary enforcement authority
(primacy) for Class V wells,  you have 270 days from the effective date of the rule to

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 submit a revised primacy application to maintain primacy for the DIG Program under
 §1422ofSDWA.
 Within that time frame you should:

 (1 )    Review your existing program in light of the new Class V Rule

 (2)    Determine what programmatic changes you need to make

 (3)    Adopt new statutes and/or regulations as necessary

 (4)    Submit a final primacy revision package to the EPA.

       We encourage you to incorporate the Class V rule into your State statutes
       and regulations, forms, procedures and other primacy elements, and
       submit a complete and final primacy revision application to your EPA
       Regional Office at the earliest possible date.

       Early submission will expedite the EPA's review and approval of your
 application. Please contact the Office of the Federal Registerior its format and content
 requirements for publication.

 C.    What is the EPA's Process for a State Program Revision?

       We recommend you apply for program approval in a two-step process.

      STEP ONE:  Submit a draft of your application to the Regional Office before
      you submit a final.

      The EPA's step one is optional, but should greatly reduce your workload and will
definitely expedite our review and approval of your application. We recommend that
you discuss the advantages of submitting a draft with your Regional Office. Review of
draft materials allows the EPA to identify any significant issues and resolve them with
you prior to the formal review of the final revision application. The Regional Office will
determine what you need to include in the draft application and when you need to send
it.

      We will  make every effort to provide comments on each draft submission
      within 45 days of receiving the document(s), and are committed to
      completing all draft reviews within 60 days.
       40 CFR 145.32(e) requires that you submit this information within 270 days of any amendment
 to 40 CFR Parts 144,145,146, or 124 that "revises or adds any requirement respecting an approved UIC
 program." Since the Class V rule amends portions of Parts 144,145, and 146, this 270-day time frame
 applies to all §1422 programs.

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      Our comments will list any changes that must be made before the package would
be considered complete.

      STEP TWO: Prepare and submit one original and two complete copies of
      the final application to your Regional Office.

      Three sets of the applications are the minimum: one for the Regional review, one
for the Headquarters review, and the original for a permanent record.  Remember that
your Regional Office should receive a complete and final primacy revision application no
later than December 29, 2000, to satisfy the 270-day deadline. Your final adoption of
the rule must have been accomplished and the state version of the rule must be
effective before the EPA can approve your primacy revision application. This time frame
further emphasizes that early adoption of your rules and active dialogue with the Region
play key roles in the preparation of an approvable application. We urge you to ask the
Region about the benefits of using the short forms.

      After receipt of your final revision application, we will notify you in writing if
      the primacy revision application is complete.2

      The EPA will review the complete application package both at the Regional and
Headquarters level. The review team will include DIG programmatic, enforcement and
compliance, and legal staff. For this formal, final application, we will develop and send
you written comments on the package, and you will need to respond to those comments.

      We are required to publish a public notice that we have received a request
      for EPA approval of substantial revisions to your § 1422 program in the
      Federal Register, mail the notice to interested persons, and publish it in
      enough large newspapers in your State to provide Statewide coverage.

      This notice summarizes your proposed revisions and provides opportunity to the
public to request a public hearing, as well as provide at least 30 days for the public to
comment upon the proposed changes to your program. If there is significant public
interest expressed in response to the public notice, we are required to hold a public
hearing.

D.    What Do I Need to Include in the Primacy Revision Application?

       If you have revised any of the following mandatory program elements, you must
include the revised elements in the application. Generally, you will have to modify all of
the mandatory Program Elements described below (40 CFR 145.32).
       2 Please note that a determination that your application is complete does not equate to it being
 approvable.

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      This table contains the minimum mandatory elements to be addressed by
      the primacy revision application. Ask the EPA Regional Office if EPA will
      require you to include additional elements.

              Table	- Mandatory Elements of a Primacy Program
Program Element - Revise as Required
State UIC Program Description
Authorizing Legislation and/or Regulation(s)
Attorney General's Statement of Enforceability
Memorandum of Agreement between State and
Regional Administrator
Other Sensitive Ground Water Area Plan 3
Include in application:
A copy of Modified Text (see Table below which
describes components of Program Description)
A copy(s) of Modified Text showing effective date
A signed and dated copy of Modified AG
Statement
A signed and dated copy of letter from Regional
Administrator to Governor or Designee
A detailed copy of the plan or a statement that
your State will not identify Other Sensitive Ground
Water Areas.
      3 Alternately, if your State chooses not to identify other sensitive ground water areas, the
requirements for motor vehicle waste disposal wells will apply statewide by January 1, 2007 Either way
you must indicate your choice in the application.

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MANDATORY ELEMENTS

1-     Program Description: The primacy revision application must include a copy of
the text of the modified program description that reflects incorporation of the new rule
and how you plan to implement it (40 CFR 145.32(b)(1).  We have provided you a "short
form" which you will find at Appendix XXXX that describes what to include in your
revisions.
 If You Transfer
 Authority to another
 Agency ...
Include These Revisions in the Program Description:
 MOUs between the
 lead State Agency
 and another State
 Agency
-A signed and dated copy of all MOUs that describe transfer of part or all
authority to another agency

• A copy of new organization chart(s) and structures(s) of lead agency and
other agency(s)

-If more than one agency is responsible for administration of a program, each
agency must have statewide jurisdiction (§145.23(b) over a class of activities.
The new agency is not authorized to administer the program until EPA's
Administrator approves the primacy revision application (§145.32(c)).4

- The new agency must not permit any new large-capacity cesspools and/or
new motor vehicle waste disposal wells (whichever wells are under the
authority of the new agency) effective April 5,2000

- Include revisions to: (1) Federal grant distribution arrangements; (2) the
organization chart and/or structure of each agency that has responsibility to
administer all or part of the §1422 program that relates to Class V (40 CFR
145.25 and 145.32); and, (3) information exchanges such as inventory
records, closures, peer review, and enforcement.
 If You Coordinate
 with a Local
 Agency(s) ...
 MOU between State
 Agency(s) and a
 Local Agency(s)
- At a minimum, clearly explain how responsibilities will be carried out. FOR
EXAMPLE:  how the other agency will: (1) relay information about
implementation activities to your State UIC Program Director to include in
reports to the EPA; (2) provide documentation that owners/operators have
submitted pre-closure notifications; and (3) provide documentation of closures
of the two well types.5
        4 FOR EXAMPLE: the State Department of Health (DOH) (with statewide jurisdiction for a class
 of Class V activities) The ultimate program responsibility (primacy) still lies within the lead State agency.
         FOR EXAMPLE: the DOH may develop an agreement with local health departments to assist
 the State in implementation of existing an/or new Class V rule requirements.

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2.     Authorizing Legislation and Regulations:  The primacy revision application
must include the text of modified authorizing legislation and regulations (40 CFR
145.32(b)(1).

       IMPORTANT: These cannot be copies of the text of "proposed" rule(s), but must
       be copies of the text of the authorizing legislation and regulations that have been
       fully adopted and currently effective in your State at the time you submit your
       primacy revision application.6

3-     Attorney General's Statement7: The primacy revision application must contain
an Attorney General's (AG) Statement certifying that the State government will have the
authority, by statute and/or regulation, to enforce the new Class V rule, and that the
revised program will be fully effective on the date the EPA approves the application.
You may want to include your completed "Primacy Revision Crosswalk" in the AG
statement,  as a supporting document.

4.     Memorandum of Agreement (MOM between State and Regional
Administrator: The primacy revision application must contain an MOA that reflects
agreement between the State and EPA on how the State will administer and enforce the
new Class V rule. You will find the minimum Federal requirements for the MOA with the
Regional Administrator at 40 CFR 145.25.

5.     Other Sensitive Ground Water Plan: Your modified program description
included  in  your primacy revision application must include a plan that describes, and
gives a schedule for, identifying and delineating other sensitive ground water areas in
your State,  or a statement that your State does not intend to identify these areas.
Otherwise,  the application is incomplete and will not be approved. 40 CFR
145.23(f)(12)  provides items that States are expected to consider in the plan and its
implementation. The Technical Assistance Document for Delineating Other Sensitive
Ground Water Areas outlines what a State should consider when submitting their plan.
This guidance is found in Appendix	.

Here is a table which describes the benefits to use the three "short forms." They
include the EPA's minimum requirements and will reduce your workload and
speed up EPA's approval process. Ask your EPA Regional Office for the forms in
electronic  format.
        If your State publishes a document similar to the Federal Register, a copy of that will suffice  If
 you don't have that type of publication, the copies of authorizing legislation and regulations must have
 the signatures and/or stamps used in your state to show the rule has been passed by appropriate
 authonties and an effective date for implementation.

       7You will find the minimum Federal requirements for the AG statement at 40 CFR 145.24.

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           Table	- List of Three "Short Forms" for Primacy Revision Application
Tables
Explanation
Program Description Revision
Guide
This guide makes it easy to find what you may have to revise, what
the minimum Federal requirements are, and what the EPA expects
to review. Following this guide should greatly reduce the revision
process.
Pnmacy Revision Crosswalk (A
rule by rule comparison of your
changes compared to the EPA
minimum standards)8
Use this to demonstrate that your State has the regulatory authority
to enforce all the new minimum Federal requirements that exist in
your State Program. Where your State regulation or statute is
different from the Federal requirement, please, use the last column
of the Crosswalk to explain how your requirement is as stringent as
the Federal requirement.
State Primacy Revision
Checklist9
This checklist will help you and EPA ensure that the final application
is complete. Identify all program elements you have revised in
response to the new or revised Federal requirements. Mark a "yes"
or "no" response in the column adjacent to the list of program
elements. If you indicate "yes," please include specific information
or documentation relative to the change in the application. We will
insert our findings and comments in the last column of the checklist.
We can provide the checklist in electronic format, if you would like.
Please ask your Regional contact for a copy, and we will gladly
provide them for your use.
       8 On pages XX through XX. Since this checklist will support the Attorney General's Statement of
Enforceability so well, we strongly encourage you to include it as part of your primacy revision
application.
       1 On pages XX through XX.

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                                    APPENDIX xxx
                       Program Description Revision Guide
      To be complete, your primacy revision application must include all substantial
modifications to the existing §1422 program description that affect how you implement
and enforce the new minimum Federal requirements.1

      To make the program description revision process less burdensome for you, we
are providing you this guide to ensure that your program description will be complete.
The table below presents:

•     the minimum Federal requirements that you need to address in the Program
      Description,

•     where you can find them in the Code of Federal Regulations, and

•     what the EPA reviewers will be looking for.
          Minimum Federal Requirements for a UIC Program Description
                                   40 CFR 145.23
 Federal Rule Citation
Portions of Minimum Federal
Requirement That You Must
Address
EPA's Expectation
 §145.23(a): Narrative Program
 description.
Description in narrative form of
the scope, structure, coverage
and processes of the State
Program.
- Text of revisions to your
existing program that are
necessary to comply with new
Class V rule
 §145.23(b): Organization and
 Structure
Descnption of the organization
and structure of the State
agency or agencies which will
have responsibility for
administering the program.

- Description must include
organization charts.
                             - If more than one agency
                             responsible for program
- Text of revisions to the
existing organization and
structure of your State
agency(s) that will administer
new Class rule

- Revised organization charts
for each agency that will
administer new Class V rule

-(If applicable)  Notification that
you will transfer authority to
       11f you want to include every modification made to your existing EPA-approved
program description in your application, we encourage you to do so.
                                    Page 1 of  4

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           Minimum Federal Requirements for a UIC Program Description
                                       40 CFR 145.23
 Federal Rule Citation
 Portions of Minimum Federal
 Requirement That You Must
 Address
                                                               EPA's Expectation
                                administration, each agency
                                must have statewide jurisdiction
                                over a class of activities.

                                - Responsibilities of each
                                agency must be delineated,
                                their procedures for
                                coordination set forth, and an
                                agency may be designated as a
                                "lead agency" to facilitate
                                communications between EPA
                                and the State agencies.

                                - When State  proposes to
                                administer a program of greater
                                scope of coverage than
                                required by Federal law,
                                information provided under
                                §145.23 shall  indicate the
                                resources dedicated to
                                administering  the Federally
                                required program portion(s).
                               administer  part or all of the new
                               Class V rule to another State
                               agency(s)

                               - Text of change in designated
                               "lead agency" that will
                               administer part or all of the new
                               Class V rule.  Also, text of
                               changes to Federal and/or grant
                               distribution  and grant pass-
                               through agreements  (if
                               applicable)

                               - Text of changes to the amount
                               of the Federal UIC grant that
                               you dedicate to administering
                               the new Class V rule
 §145.23(b)(1): Staff ing
A description of the State
agency staff who will carry out
the State program, including:
number, occupations, and
general duties.
- Text of changes to the staff in
each State agency that will
administer the new Class V rule,
including number,  occupations,
and general duties.
 §145.23(b)(2):  Program Costs
Itemization of estimated costs
of establishing and
administering the program for
including cost of the personnel
listed in §145.23(b)(1), cost of
administrative support, and cost
of technical support.
- Text of total annual cost
(estimate) to administer the new
Class V rule
§145.23(b)(3): Funding
Itemization of sources and
amounts of Program funding,
including an estimate of Federal
grant money, to meet the costs
of §145.23(b)(2), identifying any
restrictions or limitations upon
this funding.
- Text of changes to existing
funding (sources and amounts),
identifying any restrictions or
limitations upon this funding.
                                        Page 2 of  4

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           Minimum Federal Requirements for a UIC Program Description
                                      40 CFR 145.23
 Federal Rule Citation
Portions of Minimum Federal
Requirement That You Must
Address
EPA's Expectation
 §145.23(c): Procedures
Description of applicable State
procedures, including permitting
procedures and any State
administrative or judicial review
procedures.
- Text of changes to existing
State procedures to meet the
new Class V rule
 §145.23(d): Forms
Copies of permit form(s),
application form(s) and
reporting form(s) the State
intends to employ in its
program. Forms need not be
identical to EPA forms, but
should require the same basic
information.  If using EPA
forms, the State need not
provide copies of the uniform
national forms, but should note
its intention to use them.
Copies of State forms that you
will use to administer the new
Class V rule
 §145.23(e): Compliance
 Tracking and Enforcement
A complete description of the
State's compliance tracking and
enforcement program.
Text of changes to existing
compliance tracking and
enforcement programs
 §145.23(f)(5): Rules
Description of any rule under
which the Director proposes to
authorize injections, including
the text of the rule.
Text of changes to existing
rules to reflect the new Class V
rule2
 §145.23(f)(7): Permitted Well
 Inventory
Description and schedule for
State program to establish and
maintain a current inventory of
injection wells which must be
permitted under State law.
Text of changes to reflect that
certain radioactive waste
disposal wells are reclassified
as Class I wells to comply with
new Class V rule
 §145.23(f)(12):Planfor
 Delineation of Other Sensitive
 Ground Water Areas
Description and schedule for
State plan to identify and
delineate other sensitive ground
water areas.  Should consider:
- geologic and hydrogeologic
settings
- ground water flow and
occurrence
Text of Plan. Alternately, a
statement that you will apply the
new requirements for motor
vehicle waste disposal wells
statewide by January 1, 2007.
       2 See: 40 CFR §§ 144.1,144.3, 144.6, 144.23, 144.24, 144.26,145.11, 145.23, 146.3, and 146.5
and 146.10 for new minimum Federal requirements for §1422 programs. See: Subpart G (new
requirements for Class V well owners and operators).
                                       Page 3 of  4

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Draft 1/14/00  Do not Cite or Quote
           Minimum Federal Requirements for a UIC Program Description
                               '•"•_•"  40 CFR 145.23
 Federal Rule Citation
 Portions of Minimum Federal
 Requirement That You Must
 Address
 =^^^=
 - topographic and geographic
 features
 - depth to ground water
 - significance as drinking water
 source
 - prevailing land use practices
 - any other existing information
 relating to susceptibility of
 ground water to contamination
 from Class V injection wells

 Within plan schedule must
 commit to:
 - completing all delineations of
 other sensitive ground water
 areas by no later than January
 1,2004
 - making the delineations
 available to the public
 - implementing the Class V
 regulations, effective April 5,
 2000, in these delineated areas
 by no later than January 1,
 2007.

 If a State chooses not to identify
 other sensitive ground water
 areas, the requirements for
 motor vehicle disposal wells
would apply statewide by
January 1.2007.
                                                             EPA's Expectation
                                      Page 4 of  4

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Primacy Revision Crosswalk - Example Format

The Primacy Revision Crosswalk will be used by the Agency to evaluate the stringency
of the State regulations compared to the Federal regulations.
Primacy Revision Crosswalk for the Class V Rule
FEDERAL
REQUIREMENT




FEDERAL
CITATION




STATE
CITATION

Document title;
page #; and
§orH
If different
than federal
requirement,
note here and
explain on a
separate sheet
GENERAL REQUIREMENTS - §144.1 - 144.26
PURPOSE AND SCOPE
Specific inclusions to UIC regulations
Specific exclusions to UIC regulations
DEFINITIONS
Unless all Class V injection is banned
by existing state statute and/or rule,
including septic systems, the definitions
must be updated to allow appropriate
use of terms for compliance
determinations.
New or revised definitions to be
included in revision are.
cesspool,
drywell;
improved sinkhole;
point of injection,
sanitary waste;
septic system
subsurface fluid distribution
system;
well, and,
well injection
CLASSIFICATION OF WELLS
Class I Radioactive Disposal Well
CLASS IV WELLS
Expansion of allowable wells to include
remediation approved by State
CERCLA and RCRA programs The
allowance of Class IV remediation wells

§144.1(g)(1)(iii)
§144.1 (g)(2)(v)

§1443


















§1446(a)(3)

§144 23(c)





























































                                  Page 1 of 6

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                  Primacy Revision Crosswalk for the Class V Rule
            FEDERAL
         REQUIREMENT
     FEDERAL
     CITATION
    STATE
  CITATION

Document title;
  page #; and
    §orH
  If different
 than federal
 requirement,
 note here and
 explain on a
separate sheet
 may not be expanded beyond CERCLA
 and RCRA cleanups
 INVENTORY REQUIREMENTS

 Removal of radioactive waste disposal
 wells from Class V inventory well type
 list
   SUBPART G - REQUIREMENTS FOR OWNERS AND OPERATORS OF CLASS V INJECTION
                                 WELLS §144.79-144.89
 DEFINITION OF CLASS V INJECTION
 WELLS

 Class I Wells - radioactive waste
 disposal wells;

 Class V language updated.  Class IV
 language here does not include
 CERCLA and RCRA remediation well
 authorization.

 APPLICABILITY

 Definition of motor vehicle waste
 disposal well.

 REQUIRING A PERMIT

 General Authorization by Rule.
 Rule must include exceptions of
 §144.84(b).

 Ban of New Large Capacity Cesspools
 and Motor Vehicle Disposal Wells;
 Closure Requirements for Large
 Capacity Cesspools and Closure and
 ermitting Requirements for Motor
Vehicle Waste Disposal Wells.

ADDITIONAL REQUIREMENTS FOR
 LARGE CAPACITY CESSPOOLS AND
MOTOR VEHICLE WASTE DISPOSAL
WELLS

Applicability to Large Capacity
Cesspools

Applicability to Existing Motor Vehicle
Waste Disposal Wells
§144.80(a)(3)


§144.80(e)
§144.81(16)
§144.84(a)
§144.84(b)(2)
§144 85(a)


§144.85(b)
                                        Page 2 of 6

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                  Primacy Revision Crosswalk for the Class V Rule
            FEDERAL
         REQUIREMENT
    FEDERAL
    CITATION
    STATE
   CITATION

Document title;
  page #; and
     §orH
  If different
 than federal
 requirement,
 note here and
 explain on a
separate sheet
Applicability to New Motor Vehicle
Waste Disposal Wells
§144.85(c)
DEFINITIONS

Ground Water Protection Areas
Definition must match language of
Federal rule, such that the term
corresponds to delineation of areas
near and/or surrounding community and
non-transient non-community water
systems.

Delineation

Other Sensitive Ground Water Areas. If
the State has other protected ground
water areas, and it believes the
definition meets the definition of "Other
Sensitive Ground Water Areas', please
provide the definition and a discussion
per the nght hand column of this form.

APPLICABILITY OF GROUND WATER
PROTECTION AREAS AND OTHER
SENSITIVE GROUND WATER AREAS

Applicability to Motor Vehicle Waste
Disposal Wells

Requirements in  Ground Water
Protection Areas
        States required to complete
        delineation by January 1,
        2004.
        Motor Vehicle Disposal Well
        owners  required to close or
        permit well within one year
        after a local assessment is
        completed.
        If State does not meet January
        1, 2004 deadline, requirements
        apply to all existing motor
        vehicle waste disposal wells in
        the state
        States may be able to receive
        a one year extension from EPA
        if making reasonable progress
144.86(c)
§144.86(f)

§144.86(g)
§144.87(a)


§144.87(b)
Other Sensitive Ground Water Areas
        Delineation by January 1,
        2004
§144 87(c)
                                          Page 3 of 6

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                   Primacy Revision Crosswalk for the Class V Rule
             FEDERAL
          REQUIREMENT
     FEDERAL
     CITATION
    STATE
  CITATION

Document title;
  page #; and
    §orH
  If different
 than federal
 requirement,
 note here and
 explain on a
separate sheet
        Existing motor vehicle waste
        disposal wells permitted or
        closed by January 1, 2007 (or
        2008, with state extension).
        Statewide implementation
        effective January 1, 2007 if
        delineations not completed on
        time.
        Ground water protection areas
        subject to different compliance
        schedule (per §144.87(b))

How owners and operators can
determine location of ground water
protection and other sensitive ground
water areas.

Impact of Changes in Status of State
Drinking Water Source Assessment
and Protection Program on motor
vehicle waste disposal wells owners
and operators. Compliance with
closure or permitting required within a
year of delineation. One year extension
possible for connection to sewer in
treatment installation.

ADDITIONAL REQUIREMENTS

Large Capacity Cesspools
        Existing wells closed by April
        5, 2005
•        30-day pre-closure notification
        New construction prohibited as
        of April 5. 2000

Motor Vehicle Waste Disposal Wells-
        In ground water protection
        area, close or obtain permit
        within 1 year of local source
        water assessment completion;
        subject to 1-year extension for
        connection to sewer or
        installation of treatment
        In sensitive ground water area.
        close or obtain permit by
        January 1, 2007; no time
        extensions for permitting   1-
        year extension available for
        connection to sewer or
        installation of treatment
        Permitted wells and wells for
§144.87(d)
§144.87(e)
§144.88
§144.88
                                           Page 4 of 6

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                  Primacy Revision Crosswalk for the Class V Rule
            FEDERAL
         REQUIREMENT
    FEDERAL
    CITATION
    STATE
   CITATION

Document title;
  page #; and
  If different
 than federal
 requirement,
 note here and
 explain on a
separate sheet
       which permit being sought
       must meet MCLs at point of
       injection.
       Comply with all permit
       conditions, including meet
       MCLs and other health based
       standards at point of injection ,
       follow specified best
       management practices in
       permit, and monitor injectate
       and sludge quality in
       accordance with permit
       conditions.
       If State does not complete
       ground water protection area
       delineations by January 1,
       2004 (or January 1, 2005 with
       extension), obtain permit or
       close well by January  1,2005,
       (or January 1, 2006 if state
       receives extension). 1-year
       extension available for
       connection to sewer or
       installation of treatment.
       If State does not delineate
       other sensitive ground water
       areas by January 1,2004, and
       well is not in a ground water
       protection area, obtain permit
       or close well by January 1,
       2007 (or January 1,2008 if
       State receives extension).
       Notify State DIG Program at
       least 30 days prior to closing
       well.
       New or converted wells
       prohibited effective April 5,
       2000.
Conversions of motor vehicle waste
disposal wells to other well type
requires segregation of all motor vehicle
fluids by physical barriers and prohibits
such fluids entenng well  Injection of
motor vehicle waste unlikely based on
facility compliance history, and records
demonstrating proper waste disposal
Semi-permanent plug not acceptable to
qualify as conversion
§144 89(b)
                                           Page 5 of 6

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Primacy Revision Crosswalk for the Class V Rule
FEDERAL
REQUIREMENT


FEDERAL
CITATION


STATE
CITATION
Document title;
page #; and
§orU
If different
than federal
requirement,
note here and
explain on a
separate sheet
STATE UIC PROGRAM REQUIREMENTS
REQUIREMENTS FOR PERMITTING
Addition of §145.1 1(a)(32) reference to
list of regulations required to be at least
as stringent as Federal regulation.
OTHER SENSITIVE GROUND WATER
AREAS - STATE PROGRAM
DESCRIPTION
Description and schedule for State's
plan to identify and delineate other
sensitive ground water areas. List of
factor to be considered include-
geologic and hydrogeologic
settings
ground water flow and
occurrence
topographic and geographic
features
depth to ground water
significance as a drinking
water source
prevailing land use practices
other existing information on
susceptibility of ground water
to contamination from Class V
injection wells.
State must commit to complete
delineations by January 1 , 2004; make
delineations available to the public;
implement the Class V regulations in
delineated areas no later than January
1,2007.
States choosing not to delineate other
sensitive ground water areas must
implement motor vehicle waste disposal
well requirements statewide by January
1,2007

§14511(b)(1)










§145.23(f)(12)
§145.23(f)(12)




























mlr\horsley&witten\task3\crosswalkrev wpd
                                                           Page 6 of  6

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1/14/99 draft - includes OGC and OECA comments - Do Not Cite or Quote
                    MODEL ATTORNEY GENERAL'S STATEMENT

       I hereby certify, pursuant to my authority as (1) and in accordance with Part C of the Safe
Drinking Water Act (42 U.S C  300 f et seq., as amended), and £2}, that in my opinion the laws
of [State / Commonwealth of]  (3). provide adequate authority to apply/ and carry out the
program (42 U.S C  300h-l)  set forth in the "Program Description" submitted by the (4). (In
order for EPA to properly evaluate the State's request for approval, the State Attorney General
or independent legal counsel should certify at this point that the State's environmental audit
immunity and/or privilege and immunity law does not affect its ability to meet enforcement and
information gathering requirements under the Safe Drinking Water Act

Please read the information below on audit privileges certification:
                                    Audit Privileges Certification

                 This certification should be reasonably consistent with the wording of the State audit laws
         and should demonstrate how State program approval criteria are satisfied  EPA will apply the
         catena outlined in its "Statement of Principles" memo issued on 2/14/97 (See Appendix H) in
         determining whether States with audit laws have retained adequate enforcement authority for any
         authorized federal programs The principles articulated in the guidance are based on the
         requirements of federal law, specifically the enforcement and compliance and State program approval
         provisions of environmental statutes and their corresponding regulations The Principles provide that
         if provisions of State law are ambiguous, it will be important to obtain opinions from the State
         Attorney General or independent legal counsel interpreting the law as meeting specific federal
         requirements If the law cannot be so interpreted, changes to State laws may be necessary to obtain
         federal program approval Before submitting a Primacy Revision Application for approval, States
         with audit privilege and/or immunity laws should initiate communications with appropriate EPA
         Regional Offices to identify and discuss the issues raised by the State's audit privilege and/or
         immunity law
Insert one of these options into the AG statement:

A.  For States with No Audit Privilege and/or Immunity Laws:

Furthermore, I certify that [State / Commonwealth of £3}] has not enacted any environmental
audit privilege and/or immunity laws

B.  For States with Audit Laws that do Not Apply to the State Agency Administering the Safe
Drinking Water Act :

Furthermore, I certify that the environmental [audit privilege and/or immunity law] of the [State /
Commonwealth of Q}] does not affect £3} ability to meet enforcement and information gathering
requirements under the Safe Drinking Water Act because the [audit privilege and/or immunity
law] does not apply to the program set forth in the "Program Description " The Safe Drinking
Water Act program set forth in the "Program Description" is administered by (4), the [audit
privilege and/or immunity law] does not affect programs implemented by (4^ thus the program set
forth in the "Program Description" is unaffected by the provisions of [State / Commonwealth of

-------
1/14/99 draft - includes OGC and OECA comments - Do Not Cite or Quote

(3)1 [audit privilege and/or immunity law]

C.  For States with Audit Privilege and/or Immunity Laws that Worked with EPA to Satisfy
Requirements for Federally Authorized, Delegated or Approved Environmental Programs:

Furthermore, I certify that the environmental [audit privilege and/or immunity law] of the [State /
Commonwealth of (3V) does not affect (31 ability to meet enforcement and information gathering
requirements under the Safe  Drinking Water Act because [State / Commonwealth of £3J] has
enacted statutory revisions and/or issued a clarifying Attorney General's statement to satisfy
requirements for federally authorized, delegated or approved environmental programs.

After you have inserted A, B, or C, continue with AG statement:

The specific authorities cited below are contained in lawfully enacted statutes or promulgated
regulations which will be in full force and effect on the date of approval of the program or
program revision.  These authorities include revisions to [3] existing approved underground
injection control program to meet the new minimum Federal requirements for state UIC
programs, published in the Federal Register, December 7, 1999:

Cite each revised  statute and regulation or include the revised text of the relevant statutes and
regulations, (or cite to the authorities described in the Primacy Revision Crosswalk if it contains
this information and attach the Crosswalk to the Statement) and, where appropriate, cite or
include each judicial decision which demonstrates that the program has authority to implement the
revisions
Seal of Office
                     Signature
                     Name and Title
                     Date
(1)  State Attorney General or attorney for the primacy agency if it has independent legal counsel

(2)  40 CFR 145 22(a>(3) and 145 24 for initial pnmacy applications or §145 32(b)(l) for pnmacy program
revision applications

(3)  Name of State or Commonwealth

(4)  Name of Pnmacy Agency

-------
Appendix XXX     State Primacy Revision Checklist
Page 1
State Primacy Revision Checklist
Required Program Elements
§1 44. 1 (f )(1 )(vii) Class V
Requirements
§144.1 (g)(1 )(iii) Hazardous Waste Wells
§144.1(g)(2)(v)
§144.3
§144.6(a)(3)
§144.6(6)
§144.23(c)
§144.24(3)
Wells Not Used for
Injection
New and Revised
Definitions
Class I Radioactive
Waste Disposal Wells
Added Subpart G
Reference
Allowable Class IV Wells
Class V Authorization
Limitations
§144.26(b)(1)(iii)(B) Reclassification of
Radioactive Disposal
Wells
§144.26(6)
§144.79
§144.80
§144.81
§144.82
§144.83
§144.84
Deletion of Former Class
V Deadlines
General Class V
Requirements
Definition of Class V
Wells
Applicability
Requirements for All
Class V Wells
Notification/Inventory
Permits and
Authorization
Revision to
State
Program
(Yes or No)
















EPA
Findings/Comments
















January 2000 Draft

-------
 Appendix XXX      State Primacy Revision Checklist
                                                          Page 2
                               State Primacy Revision Checklist
              Required Program Elements
     §144.85
 Cesspool and Motor
 Vehicle Well
 Requirements
                           Revision to
                             State
                            Program
                           (Yes or No)
       EPA
Findings/Comments
     §144.86
 Definitions
     §144.87
 Time Schedule for
 Ground Water Protection
 Areas and Sensitive
 Ground Water Areas
     §144.88
 Specific Additional
 Cesspool and Motor
 Vehicle Waste
 Requirements
     §144.89
Well Closure
     §145.11(a)(32)
Class V Permitting
                          Regulations No Less
                          Stringent
     §145.23(f)(12)
Class V Sensitive Ground
Water Area Delineation
Plan Requirement
     §146.3
New and Revised
Definitions
     §l46.5(a)(3)
Class I Radioactive
Waste Disposal Wells
     §146.5(e)
Subpart G Reference
     §146.10
Plugging and
Abandonment
January 2000 Draft

-------
                  Appendix A




Final Class V Rule with the Preamble (64 FR 68546)

-------
This page intentionally left blank.

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      a     Tuesday
           December 7, 1999
5  I
Part IV



Environmental

Protection  Agency

40 CFR Parts 9, 144, 145, and 146
Underground Injection Control
Regulations for Class V Injection Wells,
Revision; Final Rule
i  I

-------
 68546      Federal Register/Vol. 64. No. 234/Tuesday, December 7, 1999/Rules and Regulations
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Parts 9,144,145 and 146

 [FRL-6482-2]

 RIN 2040-AB83

 Revisions to the Underground
 Injection Control Regulations for Class
 V Injection Wells

 AGENCY: Environmental Protection
 Agency (EPA).
 ACTION: Final rule.	

 SUMMARY: Today the Environmental
 Protection Agency (EPA) is
 promulgating revisions to the Class V
 Underground Injection Control (UIC)
 regulations. This rule adds new
 requirements for two categories of
 endangering Class V wells to ensure
 protection of underground sources of
 drinking water. In particular, it: bans
 existing motor vehicle waste disposal
 wells in ground water protection areas
 and other sensitive ground water areas
 with a provision that allows well
 owners and operators to seek a waiver
 from the ban and obtain a permit; and
 bans new motor vehicle waste disposal
 wells and new and existing large-
 capacity cesspools nationwide. The
 preamble also discusses EPA's decision
 to postpone finalization of new
 requirements for the industrial well
 category as defined in the proposed
 rule. EPA beh'eves it would be
 worthwhile to further study this well
 category  and will finalize the rule for
 industrial wells at a later date.
 DATES:  This rule will be effective April
 5, 2000.
 ADDRESSES: The rule and supporting
 documents, including public comments
 and EPA responses, are available for
 review  in the UIC Class V W-98-05
 Water Docket at the U.S. Environmental
 Protection Agency; 401 M Street, SW.,
 EB57. Washington, D.C.  20460. For
 information on how to access Docket
 materials, please call (202) 260-3027
 between 9 a.m. and 3:30 p.m. Eastern
 Time, Monday through Friday.
 FOR FURTHER INFORMATION CONTACT: For
 general information, contact the Safe
 Drinking Water Hotline, phone 800-
 426-4791. The Safe Drinking Water
 Hotline is open Monday through Friday,
 excluding federal holidays, from 9 a.m
 to 5:30 p.m. Eastern Time For technical
 inquiries, contact Robyn Delehanty,
 Underground Injection Control Program,
 Office of Ground Water and Drinking
 Water (mailcode 4606), EPA, 401 M
 Street, SW., Washington, DC, 20460.
 Phone: 202-260-1993. E-mail:
 delehanty.robyn@epamail.epa.gov.
 SUPPLEMENTARY INFORMATION: Regulated
 Entities: Although certain clarifications
 to the UIC regulations apply to owners
 or operators of any type of Class V well,
 the entities regulated by additional
 requirements are owners or operators of
 Class V motor vehicle waste disposal
 wells and large-capacity cesspools.
 Potentially regulated categories and
 entities include:
                 Category
                Examples of regulated entities (if they have a Class V well)
 Industry and Commerce
State and Local Government.

Federal Government	
 Motor Vehicle Facilities: gasoline service stations, new and used car dealers, any facility that
   does any vehicle repair work (e.g., body shops, transmission repair shops, and muffler re-
   pair shops).
 Large-Capacity Cesspools: residential or commercial facilities such as campgrounds multi-unit
   residences, churches, schools
 Motor Vehicle Facilities: road facilities, fire stations.
 Large-Capacity Cesspools: campgrounds, rest stops.
 Any Federal Agency that owns or operates one of the above entities.
  This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities, of which EPA is
currently aware, that are potentially
regulated by this action. Other types of
entities not listed in the table could also
be regulated. To determine whether
your injection well is regulated by this
action, you should carefully examine
the applicability criteria in §§ 144.81
and 144.85 of the rule. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Table of Contents
I  Format and Scope of Rule
II. Background
  A Statutory and Regulatory Framework
  B History of this Rulemaking
  1  1994 Consent Decree With the Sierra
   Club
  2.1995 Proposed Rule
  3  1997 Modified Consent Decree
  4  1998 Proposed Rule
III Actions Taken After Close of the Public
   Comment Period
  A Public Comment
  B. National Drinking Water Advisory
   Council
  C. Notice of Data Availability
  1. Class V Study
  2. Region II and VIII Data
  3. Contaminant Occurrence Report
IV Description of Today's Action
  A. Definitions/Terminology
  1. Ground Water Protection Areas
  2. Sensitive Ground Water Areas
  3. Point of Injection
  4 Motor Vehicle Waste Disposal Wells
  B. Industrial Waste Disposal Wells
  C. Coverage of the Rule
  1. Large-Capacity Cesspools
  2. Motor Vehicle Waste Disposal Wells
  D. Ban of Large-Capacity Cesspools
  E Requirements for Motor Vehicle Waste
   Disposal Wells
  1 Ban New Wells and Require Existing
   Wells to Either Close or Get a Permit
  2 MCLs at the Point of Injection
  3. Reclassification of Certain Motor Vehicle
   Wells
  4. Stormwater Wells at Motor Vehicle
   Waste Disposal Sites
  F. Compliance Period
  G Deadlines for Delineations of Covered
   Areas
  1 Drinking Water Source Assessment
   Program Not Completed On Time
  2 Sensitive Ground Water Areas Not
   Delineated on Time
  3. Assessments for Ground Water
    Protection Areas Completed Before UIC
    Primacy Revisions are Approved
  H Pre-closure Notification
  I  Exclusion Criteria for Cesspools and
    Septic Systems
  J. Other Amendments
  1  Categories of Class V Wells
  2  Sections 144 3 and 146 3—Definitions
  3  Sections 144.6 and 146 5—Classification
    of Wells
  4  Existing Regulations Being Reiterated or
    Replaced in 40 CFR  Part 144, Subpart G
  5  Part 145—State UIC Program
    Requirements
  6  Sections 144 23 and 146 10—Class IV
    Wells
V Cost of the Rule
  A Methodology Overview
  1  Revised Estimates of the Numbers of
    Affected Wells
  2  Phase-in Assumptions
  3  Higher Closure Costs
  B  National Cost of the Rule
  C  Facility Impacts
VI Effect on States With  Primacy
VII.  Administrative Requirements
  A Executive Order 12866
  B  Children's Health Protection and
    Executive Order 13045
  C  Paperwork Reduction Act
  D  Regulatory Flexibility Act (RFA). as
    amended by the Small Business

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             Federal Register/Vol. 64, No.  234/Tuesday,  December 7, 1999/Rules and Regulations      68547
    Regulatory Enforcement Fairness Act of
    1996 (SBREFA), 5 USC 601 et seq.
  E Executive Order 13132: Federalism
  F Executive Order 13084: Consultation
    and Coordination with Indian Tribal
    Governments
  G Unfunded Mandates
  H National Technology Transfer and
    Advancement Act
  I Environmental Justice
  ] Congressional Review Act
 I. Format and Scope of Rule
  Today's notice consolidates Class V
 UIC regulations in a new Subpart G to
 40 CFR Part 144. This subpart is written
 in a simple-to-understand, plain-English
 format. Before reading the rest of this
 preamble, Class V well owners/
 operators should review the final
 regulation that presents the enforceable
 legal requirements they need to know
 about. This preamble does not repeat
 many of the requirements contained in
 the final rule, but rather provides
 background and additional rationale not
 included in the regulation.
 II. Background

 A Statutory and Regulatory Framework
  Class V wells are regulated under the
 authority of Part C of the Safe Drinking
 Water Act (SDWA or the Act) (42 U.S.C.
 300h et seq.). The SDWA is designed to
 protect the quality of drinking water in
 the United States, and Part C
 specifically mandates the regulation of
 underground injection of fluids through
 wells. The Agency has promulgated a
 series of underground  injection control
 (UIC)  regulations under this authority.
  Section 1421 of the Act requires EPA
 to propose and promulgate regulations
 specifying minimum requirements for
 State programs to prevent underground
 injection that endangers drinking water
 sources. EPA promulgated
 administrative and permitting
 regulations, now codified in 40 CFR
 parts 144 and 146, on May 19.1980 (45
 PR 33290), and technical requirements
 in 40 CFR part 146 on June 24,1980 (45
FR 42472). The regulations were
subsequently amended on August 27,
 1981 (46 FR 43156), February 3,1982
 (47 FR 4992), January 21,1983 (48 FR
 2938), April 1,1983 (48 FR 14146), July
26,1988 (53 FR  28118), December 3,
 1993 (58 FR 63890), June 10,1994 (59
FR 29958), December 14,1994 (59 FR
64339), and June 29,1995 (60 FR
33926).
  Section 1422 of the Act provides that
States may apply to EPA for primary
enforcement responsibility to
administer the UIC program; those
States receiving such authority are
referred to as "Primacy States." Where
States do not seek this  responsibility or
 fail to demonstrate that they meet EPA's
 minimum requirements, EPA is required
 by regulation to prescribe a UIC program
 for such States. These direct
 implementation (DI) programs
 regulations were issued in two phases,
 on May 11,1984 (49 FR 20138) and
 November 15,1984 (49 FR 45308). For
 the remainder of this preamble,
 references to the UIC Program
 "Director" mean either the Director of
 the EPA program (where the program is
 implemented directly by EPA) or the
 Director of the Primacy State program
 (where the State is responsible for
 implementing the program). Also,
 currently all Class V UIC Programs in
 Indian Country are directly
 implemented by EPA. Therefore, for the
 remainder of this preamble, references
 to DI Programs include Class V
 programs in Indian Country.
 B. History of This Rulemaking

 1.1994 Consent Decree With the Sierra
 Club
  On August 31,1994,  EPA entered into
 a consent decree with the Sierra Club
 that required that no later than August
 15,1995, the EPA Administrator sign a
 notice to be published in the Federal
 Register proposing regulatory action
 that fully discharges the Administrator's
 rulemaking obligation under section
 1421 of the SDWA, 42 U.S.C. 300h, with
 respect to Class V injection wells.
 2.1995 Proposed Rule
  On August 15,1995, the
 Administrator signed a  notice of
 proposed rulemaking that proposed a
 regulatory determination and minor
 revisions to the UIC regulations for
 Class V injection wells (60 FR 44652,
 August 28,1995). In this notice, EPA
 proposed not to adopt additional federal
 regulations for any types of Class V
 wells. Instead, the Agency proposed to
 address the risks posed  by certain wells
 using existing authorities and a Class V
 management strategy designed to (1)
 speed up the closure of potentially
 endangering wells and (2) promote the
 use of best management practices to
 ensure that other Class V wells of
 concern do not endanger underground
 sources of drinking water (USDWs).
 Several factors led EPA to propose this
 approach, including: (1) The wide
 diversity in the types of fluids being
 injected, ranging from high risk to not
 likely to endanger; (2) the  large number
of facilities to be regulated; and (3) the
nature of the regulated community,
which consists of a large proportion of
small businesses.
  EPA received many comments that
supported the Agency's proposal to not
 impose more regulations for Class V
 wells. However, EPA also received a
 number of comments that raised
 concerns about the proposal. In
 particular, several commentors
 questioned whether a UIC program
 without additional requirements for
 relatively high-risk well types would
 prevent endangerment to drinking water
 sources as required by the SDWA.
 Others questioned whether the proposal
 was really the best EPA could do given
 the known threat to USDWs that some
 wells present.
 3.1997 Modified Consent Decree
   Based on comments received on the
 1995 proposal, EPA decided to
 reconsider that proposed approach.
 Because this reconsideration would
 extend the time necessary to complete
 the rulemaking for Class V wells, EPA
 and the Sierra Club entered into a
 modified consent decree on  January 28,
 1997 (D.D.C. No. 93-2644) that
 extended the dates for rulemaking that
 had been in the 1994 decree. The
 modified decree requires three actions
   Fust, by no later than June 18,1998,
 the EPA Administrator was required to
 sign a notice to be published in the
 Federal Register proposing regulatory
 action that fully discharges the
 Administrator's rulemaking  obligation
 under section 1421 of the SDWA with
 respect to  those types of Class  V
 injection wells presently determined to
 be high risk for which EPA does not
 need additional information. A thirty-
 day extension was granted; the
 Administrator signed the notice on July
 17,1998. The Administrator is required
 to sign a final determination for these
 endangering Class V wells by no later
 than October 29,1999, although the
 decree provides the Administrator with
 discretion to exercise another 30-day
 extension.
  Second, by no later than September
 30,1999, EPA must complete a study of
 all Class V wells not included in the
 first  rulemaking on endangering Class V
 injection wells. EPA has completed this
 study Based on  this study, EPA may
 find  that some of these other types of
 Class V wells also pose an
 endangerment to drinking water.
  Third, by no later than April 30, 2001,
 the EPA Administrator must sign a
 notice to be published in the Federal
 Register proposing to discharge the
Administrator's rulemaking obligations
under section 1421 of the SDWA with
respect to all Class V injection  wells  not
included in the first rulemaking for
Class V injection wells. The
Administrator must sign a final
determination for these remaining Class
V wells by no later than May 31, 2002

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 68548      Federal Register/Vol.  64,  No. 234/Tuesday. December 7, 1999/Rules and Regulations
 4. 1998 Proposed Rule
   On July 29,1998 (63 FR 40586), in
 response to the first action required
 under the modified consent decree, EPA
 proposed revisions to the Class V UIC
 regulations that would add new
 requirements for three categories of
 Class V wells that were believed to
 endanger drinking water. According to
 this proposal, Class V motor vehicle
 waste disposal wells in ground water
 protection areas (as defined in Section
 IV.A.l of the preamble) would either be
 banned or would have to get a permit
 that requires fluids released in those
 wells to meet the drinking water
 maximum contaminant levels (MCLs)
 and other health-based standards at the
 point of injection. Class V industrial
 waste disposal wells in ground water
 protection areas also would be required
 to meet the MCLs and other health-
 based standards at the point of injection,
 and large-capacity cesspools in such
 areas would be banned.
  EPA discussed the 1998 proposal with
 several stakeholders and  small entity
 representatives. During January and
 February of 1998, EPA convened three
 stakeholder meetings to inform
 potentially affected entities of the
 requirements under consideration and
 to solicit feedback. In addition, as
 required by the Small Business
 Regulatory Enforcement Fairness Act of
 1996 (SBREFA), EPA conducted
 outreach to representatives of small
 entities affected by the rule. In
 consultation with the Small Business
 Administration, EPA identified 17
 representatives of small entities that
 were most likely to be affected by the
 proposal.
  A Small Business Advocacy Review
Panel met for 60 days in 1998 to identify
 small entity concerns with the proposed
 rulemaking. The 1998 proposal
 incorporated all recommendations on
 which the Panel reached consensus (see
 63 FR 40590, July 29,1998).

m. Actions Taken After Close of the
Public Comment Period

A. Public Comment
  The 1998 proposed rule was initially
open for public comment for 60 days. In
response to a request to extend the
comment period, EPA published a
notice in the Federal Register (63 FR
 51882) which reopened the comment
 period for an additional 60 days.
  Ninety-seven commentors addressed
the proposal. EPA has developed a
response to comment document
addressing all public comments
received on motor vehicle waste
disposal wells and large-capacity
cesspools, which are the well types
 addressed in this rulemaking. This
 document is available at the Water
 Docket. In addition, some comments are
 discussed in today's preamble. Public
 comment received regarding regulation
 of industrial wells will be considered
 and addressed when the final
 determination for those wells is
 published.

 B. National Drinking Water Advisory
 Council
   The National Drinking Water
 Advisory Council (NDWAC) was
 established by the SDWA Section 1446
 to provide practical and independent
 advice, consultation, and
 recommendations to the Agency on the
 activities, functions and policies related
 to the SDWA.  At its April 1997 meeting,
 NDWAC decided to form a Federal
 Advisory Committee Act (FACA)
 working group to address the Class V
 Underground Injection Control and
 Source Water Protection Program
 integration issues.
   The EPA UIC and Source Water
 working group represents a broad range
 of public interests including: State,
 federal and local government
 representatives; public interest groups,
 including environmental organizations;
 universities; industry; and utility
 operators. The group met twice in  1999
 to discuss the proposed Class V
 regulation, as well as issues addressed
 in public comment.
   The full NDWAC council considered
 the working group's conclusions during
 their May 1999 meeting. The hill
 council then made formal
 recommendations to the Administrator.
 C. Notice of Data Availability
   EPA published a notice of data
 availability (NODA) and further request
 for comment related to the 1998
 proposed rule on< May 21,1999 (64 FR
 27741). A total of 14 public comment
 letters were received in response to this
request.
  The NODA was published in response
to additional information received
during and after the close of the
comment period. It outlined additional
data and issues EPA was considering in
developing the final rule, including the
following information that is discussed
in separate sections below:
contamination  incident information and
injectate quality data from the Class V
study; a draft report on contaminant
occurrence in public water systems; and
injectate quality and contamination
incident data from EPA Regions II and
vm. Two other categories of
information presented in the NODA,
Class V well closure cost data from
Penske Truck Leasing Company and
 Source Water Assessment Plans
 submitted to EPA, are discussed in
 section V.A of today's preamble relating
 to the economic impact analysis.
   The following sections only address
 the NODA as it pertains to motor
 vehicle waste disposal wells and large-
 capacity cesspools targeted in today's
 rule. As discussed in more detail in
 section IV.B of this preamble, several
 public commentors on the 1998
 proposal questioned the basis for
 regulating all industrial wells in the
 same manner, given the diversity of
 wells that exist within that category as
 it was proposed and the Agency has
 decided not to go final with the 1998
 proposal for industrial wells at this
 time.

 1. Class V Study
   EPA has completed a study of Class
 V injection wells to meet the
 requirements of a modified consent
 decree in  Sierra Club v. Browner (D.D.C.
 Mo. 93-2644). This consent decree
 required the Agency to study Class V
 wells not included in today's
 rulemaking. The information was
 collected from both State and EPA
 Regional offices using survey
 questionnaires and selected site visits,
 and from other sources, such as trade
 associations, research institutions and
 universities. Information from the study
 will be used to determine if additional
 Class V regulations are needed to
 protect USDWs from Class V injection
 wells not regulated by today's
 rulemaking. The focus of the study
 consisted of an information collection
 effort for 23 subclasses of Class V wells.
  Through the study,  States and EPA
 Regional offices were  also asked to
 supply information on the three well
 types addressed in the proposed rule.
 motor vehicle waste disposal wells
 industrial  waste disposal wells and
 large-capacity cesspools. Before the
 study was completed and the final
 methods and results were fully
 documented, information received on
 the three well types targeted by the
 proposed Class V rule were compiled in
 a single notebook and made available
through the NODA. The data was
 presented in three sections. The first
section provided the latest State
 inventory information for each of the
three well  types as reported in survey
responses. The second provided
information on contamination incidents
identified by the States The third
contained  injectate quality data
collected from motor vehicle and
industrial waste disposal wells
  In the NODA, EPA stated its plan to
use this new  information to help assess
the threat posed by the different well

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            Federal Register/Vol.  64, No. 234/Tuesday, December 7,  1999/Rules and Regulations     68549
types and to better project the number
of affected entities. Below, EPA
describes how the recently obtained
mjectate quality and contamination case
information presented in the NODA
supports the Agency's regulatory
determination in today's final rule-
making. The new inventory  data
presented in the NODA is discussed in
Section V of this preamble.
  As part of the Class V Study EPA
received limited injectate sampling data
for motor vehicle waste disposal wells.
In "Analyses from Sampling at Class V
Industrial and Motor Vehicle Waste
Disposal Wells," A. Melcer and N.
Wiser,  USEPA Region 5, examined the
analytical results of liquid and sludge
injectate taken from 26 motor vehicle
waste disposal wells in Indiana,
Michigan, and Minnesota.
Approximately 50 percent of the liquid
samples collected exceeded  MCLs and
approximately 19 percent of the samples
exceeded toxicity characteristic (TC)
hazardous waste limits. Approximately
80 percent of the sludge leachate
samples analyzed exceeded MCLs and
30 percent qualified as hazardous waste.
Laboratory results submitted by another
motor vehicle facility indicated that
some organic constituents in the
injectate were above MCLs. As a result,
the permit for the Class V UIC well was
denied. A database containing thirty
cases of soil and/or ground water
contamination caused by the operation
of such wells was also submitted as part
of the Study. Most of the contamination
cases are for service stations in New
York but the database does not provide
specific details.
  Six public commentors said this
information did not support  the
Agency's proposed high-risk conclusion
and a ban for motor vehicle waste
disposal wells. These commentors
believed the information shows that
motor vehicle wells can be safely
operated under certain circumstances,
that the contamination cases are few in
number and possibly not representative
of today's operating practices, and that
the information is too vague  and
anecdotal to support informed decision
making.
2 Region D and Vm Data
  The Region  II and VIII data provide
additional evidence that fluids released
in motor vehicle waste disposal wells
commonly exceed MCLs and that these
wells have been linked with
environmental contamination For
example, one report shows that out of
38 motor vehicle facilities in the State
of New York, 20 had injectate above
MCLs entering drywells and  19 had
mjectate above MCLs entering septic
 systems. Out of 27 case study files
 reviewed in Region n, nine had
 documented incidents of ground water
 and/or soil contamination. Region VIII
 submitted both laboratory reports from
 motor vehicle waste disposal facilities
 in Montana and two reports from South
 Dakota which included injectate
 sampling data. All facilities exceeded
 primary drinking water standards in one
 or more sampling events for volatile
 organic compounds (VOCs) and/or
 heavy metals. For example, benzene was
 detected in some samples at 1.1 to 22
 times the MCL. Tetrachloroethylene
 levels were seen ranging from 1.1 to 38
 to 280 times MCL and methylene
 chloride at 96 times the MCL. Some
 metals were found to exceed  the
 hazardous waste toxicity characteristic
 levels.
  Only one commentor addressed these
 data specifically. This commentor
 believed the data support their
 contention that motor vehicle wells
 cannot be categorically classified as
 high risk. The commentor noted that
 less than one percent of all Class V well
 contamination cases in Region II
 involved ground water contamination.
  EPA believes the injectate data and
 contamination cases cited in  the NODA
 from the study and Regions II and VIII
 support the 1998 proposal that motor
 vehicle waste disposal wells warrant
 additional federal regulation. The
 additional information confirm that
 samples of injectate exceed the MCLs
 for volatile organic compounds and
 metals. In some cases, contaminants
 exceeded RCRA toxic characteristic
 levels. This data is consistent with
 information collected to support the
 proposed rule making and supports EPA
concerns about potential endangerment
 of drinking water by these wells.
However, the Agency recognizes that
there may be situations in which an
owner or operator of a Class V motor
vehicle waste disposal well could
implement best management  practices
 (BMPs) and/or install treatment
measures such that the waste injected
would not exceed the MCL or other
health based standards and could
therefore remain open without
endangering USDWs. For that reason,
today's rule allows owners and
operators of existing Class V motor
vehicle waste disposal wells to seek a
waiver from the ban and apply for a
permit.

3. Contaminant Occurrence Report
  This report summarizes occurrence
data from finished water collected from
14 different State databases for public
drinking water systems. In total, the
data include over 10 million analytical
 results from over 25,000 public water
 systems. Only contaminants that were
 tested in a significant number of
 systems (e.g., several hundred or more)
 in at least one of the State databases
 were evaluated in the report. Twenty-
 three contaminants known or believed
 to be associated with motor vehicle
 waste disposal wells were selected for
 analysis. Each of the 23 contaminants
 were detected in ground water based
 systems at concentrations greater than
 the MCL.
  The results of the analysis show that
 contaminants associated with Class V
 wells occur in public drinking water
 systems across the nation. Contaminant
 occurrence varied widely from State to
 State. For example, 12.8% and 19.4% of
 the ground water systems in certain
 States detected trichloroethene and
 1,1,1-trichlororethane, respectively.
 Furthermore, all contaminants were
 detected at levels that exceeded the
 MCL. In certain States, 2.0% of ground
 water systems exceeded the MCL for
 mercury and 5.7% of ground water
 systems exceeded  the MCL for
 tetrachloroethylene (PCE). Determining
 the source of the contamination was
 beyond the scope of this report, but the
 occurrence data clearly demonstrates
 that contaminants known to be
 associated with Class V wells occur
 nationally in public water systems.

 IV. Description of Today's Action
  Today EPA is finalizing additional
 requirements for motor vehicle waste
 disposal wells and large capacity
 cesspools, to embrace priorities and
 help achieve goals defined under the
 1996 Amendments to the SDWA, and to
 fulfill the first phase of the Agency's
 requirements under the 1997 consent
 decree with the Sierra Club.
  Class V wells are currently authorized
 by rule as long as (1) they do not
 endanger USDWs,  and  (2) the well
 owners or operators submit basic
 inventory and assessment information
 If a Class V well may endanger USDWs,
 UIC Program Directors  can require the
 owner/operator to  apply for a permit.
 order  preventive actions (including
closure of the well) to prevent the
violation, require remediation to assure
 USDWs are protected, or take
enforcement action. These, and other
existing  federal requirements and
authorities will continue as basic
elements of EPA's  Class V strategy,
applicable to all Class V wells in all
areas
  Consistent with  the 1997 decree, EPA
is taking a step-wise approach to
supplement the existing program and
ensure Class V injection wells do not
endanger USDWs.  This approach

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 68550      Federal  Register/Vol. 64. No.  234/Tuesday, December 7. 1999/Rules and  Regulations

 consists of (1) an initial rule creating
 additional requirements for some of the
 Class V well types determined by EPA,
 as an initial matter, to be higher risk,
 and (2) further study of other types of
 Class V wells not covered in the initial
 rule to provide the factual basis for
 further regulatory action, as necessary.
   As the first step of its Class V strategy,
 EPA is today  finalizing additional
 requirements for two categories of Class
 V injection wells determined by EPA to
 be a source of endangerment to drinking
 water. Specifically, the rule covers: (1)
 Existing motor vehicle waste disposal
 wells located in ground water protection
 areas delineated for community water
 systems and non-transient non-
 community water systems that use
 ground water as a source and  other
 sensitive ground water areas as
 delineated by States; and, (2) new and
 existing large-capacity cesspools and
 new motor vehicle  waste disposal wells
 nationwide. The conclusion that these
 Class V wells  pose an endangerment is
 based on substantial information and
 the combined professional judgment of
 EPA and State geologists and engineers
 that are responsible for implementing
 the Class V UIC program.
  In the case of motor vehicle waste
 disposal wells, today's rule has been
 developed to use and promote linkages
 between the Class V UIC program and
 EPA's State Drinking Water Source
 Assessment and Protection Program.
 Both programs are authorized by the
 SDWA. The UIC Program is designed to
 protect all  current and potential USDWs
 from contamination by injection wells.
 The State Drinking Water Source
 Assessment and Protection Program is
 structured  to identify all potential
 sources of contamination within areas
 that provide short-term recharge to
 public water supply wells and surface
 water intakes
  The focus on ground water protection
 areas and other State delineated
 sensitive ground water areas is a key
 element for the protection of current
 and future  drinking water sources.
Areas delineated under the State
 Drinking Water Source Assessment and
Protection Program  represent, at a
 minimum,  areas designated to receive
top priority for the protection of existing
 public drinking water supplies.
Sensitive ground water areas are ground
water areas identified by the State as
needing additional protection from
Class V wells with injectate likely to
endanger drinking water. Consistent
with this prioritization, this rule uses a
phased-m approach that  targets motor
vehicle waste disposal wells in ground
water protection areas first, and State
designated sensitive ground water areas
 at a later date. This allows States to
 prioritize critical ground water areas
 initially and phase-in other priority
 protection areas at a later time.
   The decision to regulate motor vehicle
 waste disposal wells is based on the
 high potential for these wells to
 endanger USDWs. Motor vehicle waste
 disposal wells are located throughout
 the country—mainly in populated
 areas—at a variety of facilities, such as
 automobile service stations, car
 dealerships, automotive repair shops,
 and specialty repair shops  (e.g.,
 transmission shops, muffler shops, body
 shops). They tend to be shallow, with
 injection  occurring into or above
 USDWs. They also tend to be uncased,
 which could allow contaminated fluids
 to move more easily into USDWs. Given
 all of these factors, the quality  of fluids
 they inject becomes very important in
 determining whether these wells are a
 threat to USDWs.
   Although the development and use of
 BMPs by the automotive industry have
 improved recycling and waste  disposal
 practices  over the past decade, EPA is
 concerned about motor vehicle-related
 facilities which inject fluids with little
 or no treatment. These fluids, which
 may be injected intentionally for waste
 disposal or accidentally as a result of
 spills or leaks, include spilled gasoline
 and oil, waste oil, grease, engine
 cleaning solvents, brake and
 transmission fluids, and antifreeze.
 Such fluids contain potentially harmful
 contaminants, often in high
 concentrations. For example, fluids
 containing waste oils or gasoline
 generally include benzene, toluene,
 xylenes, and other volatile
 contaminants. Waste oils and antifreeze
 also contain some priority pollutant
 heavy metals, such as  barium, cadmium,
 chromium, and lead. Other
 contaminants that may be injected
 include methylene chloride, a
 compound found in many degreasers,
 and ethylene glycol, a component of
 antifreeze. All of these contaminants
 can be toxic above certain levels. Some,
 such as benzene and toluene, have the
 potential to cause cancer
  Data collected for the 1987 Report to
 Congress and from later EPA Regional
 investigations indicate that fluids being
 injected may exceed health-based limits
 for contaminant levels in water by 10 to
 100 times  (see  p 5-19 of the August
 1989 Class V Task Force Report
available in the docket). These data
were confirmed for a number of motor
vehicle service stations during the
implementation of a 1991 National
Administrative Order addressing
failures to  submit inventory information
required under 40 CFR 144 26 and
  146.52(a). Analyses of fluids disposed at
  a group of facilities subject to this order
  found a total of 13 contaminants present
  in concentrations above the drinking
  water MCL, although not all
  contaminants exceeded the  MCL in
  every sample at every facility (see Data
  from the National Administrative Order
  on Motor Vehicle Waste Disposal Wells.
  March 16,1998, available in the docket)
  For example, benzene concentrations
  exceeded the drinking water MCL at 19
  of the 20 facilities tested and in 32 of
  35 samples analyzed. The highest
 measured benzene concentration was 40
 times the MCL. Similarly, arsenic
 exceeded the MCL at  11 of 17 facilities
 and in 18 of 30 samples, with the
 highest arsenic concentration being 31
 times the MCL.
   The injection of used petroleum
 products may leave behind an oily
 residue within the wells. A 1995 report
 on natural bioattenuation of hazardous
 organic compounds in the subsurface
 states: "Most organic contaminants,
 however, enter the subsurface as an oily
 liquid, such as  a fuel spill or release of
 chlorinated solvent. Groundwater
 moving through the material dissolves a
 small portion of the contaminant, which
 becomes a  plume of groundwater
 contamination. Because the
 contaminant mass in the oily material is
 much greater than that dissolved in the
 groundwater, the spill can continue to
 maintain the plume more or  less
 indefinitely. As the plume moves away
 from its source  natural biological
 processes may attenuate the
 contamination in the groundwater " '
  Examples of instances where motor
 vehicle waste disposal wells  have
 endangered USDWs include  a case in
 Missoula, Montana, a sole-source
 aquifer area, where investigations
 starting in June of 1988 discovered that
 PCE from operating drainage wells at
 auto service stations had contaminated
 community wells serving approximately
 45,000 people.2 3 Three community
 wells were  closed and another 15 have
 elevated levels of PCE. In Gilford, New
 Hampshire, a March 1988 assessment of
 a site with a garage, a tire center, auto
 body shop, and  a U.S.  Army Reserves
 maintenance shop discovered that
 operating floor drains had contaminated
  1 Anderson William. Innovative Site Technology
Bioremediation. Chapter 3 4. page l 1995
  •'Background Paper prepared by Alan English.
Missoula City-County Health Department for U S
EPA Underground Injection Control Program
February 1992
  3 An Investigation of the Volatile Organic Content
of Sludges. Soils and Liquids Entering the Missoula
Aquifer from Selected Sources.' prepared by the
Missoula City-County Health Department
Environmental Health Division. Contributors Tom
Barger and Alan English. July 27, 1990

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             Federal Register/Vol.  64, No. 234/Tuesday, December  7, 1999/Rules and  Regulations      68551
 the ground water, the soil, and an on-
 site water supply with PCE.4 In Exton,
 Pennsylvania, trichloroethylene (TCE),
 PCE, and 1,1,1-tnchloroethane from a
 stone bed drain field connected to floor
 drains of an auto repair/body shop
 operating until 1984, contaminated
 ground water that supplies drinking
 water to about 76,700 people.5 In
 Liberal, Kansas, solvents disposed in a
 septic system by an engine repair shop
 resulted in volatile organic compound
 (VOC) contamination of several water
 supply  wells in 1982; concentrations of
 VOCs m the septic system were as high
 as 32,000 ug/1.6 As presented in Section
 III.C, additional data from Region n,
 Region  VIII and the Class V study show
 exceedences of the MCLs for volatile
 organic compounds and metals in Class
 V motor vehicle waste disposal well
 injectate.
  EPA believes many of the industries
 that operate motor vehicle waste
 disposal wells are making efforts to
 implement best management practices,
 waste minimization techniques, and
 recycling to reduce their impact on the
 environment and lower operating costs.
 However, more recent information
 presented in the NODA and EPA's
 experience implementing Class V
 programs across the country indicate
 that contamination of drinking water
 supplies from endangering motor
 vehicle  waste disposal wells is a
 problem that still needs to be addressed.
  Some commentors opposed the
 proposed approach for motor vehicle
 waste disposal wells. They felt motor
 vehicle  waste disposal wells did not
 pose a risk to USDWs when located in
 ground water protection areas and
 should not be banned. They contended
 that the industry has instituted BMPs
 and recycling, and therefore, are no
 longer disposing of motor vehicle
 wastes in these wells. While EPA agrees
 that the use of BMPs and recycling have
 improved, motor vehicle waste disposal
 wells in ground water protection areas
and sensitive ground water areas still
 pose a potential endangerment to
USDWs. However, there are indications
that with treatment, BMPs and
 recycling, facilities can meet MCLs and
continue to use their wells. Therefore,
existing motor vehicle waste disposal
  4 Background information titled "5X28 Service
Station. Gilford. NH" available in the docket This
background information was obtained from U S.
EPA Region 1 staff in May 1990.
  5 Superfund Site Fact Sheet. A.I.W Frank/Mid-
County Mustang Site. Pennsylvania. EPA ID*
PAD004351003. Last Update- March 1998  http //
www epa gov/reg3hwmd/super/aiwfrank/pad htm
  11 Site Description Printout for the Panhandle
Eastern Pipeline Site, from Teresa Hattan. Kansas
Department of Health and Environment. July 15.
1998
 wells are banned in ground water
 protection areas and other sensitive
 ground water areas, but owners and
 operators can seek a waiver from the
 ban and obtain a permit. Additionally,
 EPA is banning new motor vehicle
 waste disposal wells statewide. The
 Agency will also issue guidance on
 conversion of motor vehicle wells to
 another type of Class V well if owners
 and operators take certain steps to
 prevent motor vehicle waste from
 entering the well.  EPA has also
 extended the compliance time from 90
 days to one year to enable owners and
 operators to explore all options
 available for compliance.
   Large-capacity cesspools have a high
 potential to contaminate USDWs
 because: they are not designed to treat
 sanitary waste; they frequently exceed
 drinking water MCLs for nitrates, total
 suspended solids and coliform bacteria;
 and, they may contain other
 constituents of concern such as
 phosphates, chlorides, grease, viruses,
 and chemicals used to clean cesspools
 such as trichloroethane and methylene
 chloride. Pathogens in untreated
 sanitary waste released into large-
 capacity cesspools could contaminate
 the water supply sources such as
 transient systems and pose an "acute"
 risk if consumed (meaning there could
 be a serious health risk with a single
 exposure given the nature of
 contamination). This is a particular
 concern for Class V cesspools located in
 hydrogeologic settings that would
 permit pathogens to migrate to a ground
 water supply well  that serves a transient
 system with inadequate disinfection of
 the water or individual wells. To further
 limit the acute risk associated with
 large-capacity cesspools, EPA expanded
 today's large-capacity cesspool
 requirements nationwide.
  EPA proposed additional
 requirements for industrial waste
 disposal wells to meet the MCLs and
 other health based  standards at the
 point of injection. Many commentors
 questioned why the Agency chose to
 regulate a wide range of industries with
 different disposal practices with one
approach. Some commentors suggested
requirements similar to those proposed
 for motor vehicle waste disposal wells,
to either ban industrial wells or require
site specific permits. Still others felt the
industrial category was too diverse and
types of industrial  waste streams should
be regulated based  on their specific
characteristics and risks. After
consideration of these comments, EPA
agrees that the industrial category is
diverse and represents a variety of waste
streams. For this reason, EPA is not
including requirements for industrial
 waste disposal wells in today's final
 rule. Industrial waste disposal wells
 will be studied further and addressed in
 a future rule making.
   EPA underscores that this initial rule
 targets certain ground water protection
 areas for the purpose of prioritizing
 national policy. The rule does not
 establish differential levels of protection
 for different areas, but rather proposes
 specific measures EPA believes are
 necessary to ensure that potentially
 problematic Class V wells do not
 endanger USDWs in the highest priority
 areas. The prohibition against
 endangerment of USDWs, found in
 § 144.12 of the existing UIC regulations,
 continues to apply to all Class V wells
 and all areas, whether or not a State has
 a completed its State Drinking Water
 Source Assessment and Protection
 Program. Section 144.12(a) in particular
 provides that no injection-related
 activity may be conducted "in a manner
 that allows the movement of fluid
 containing any contaminant into
 underground sources of drinking water,
 if the presence of that contaminant may
 cause a violation of any primary
 drinking water regulation under 40 CFR
 part 142 or may otherwise adversely
 affect the health of persons." Similarly,
 § 144.12(c) and (d) authorize a variety of
 actions if a Class V well may cause a
 violation of primary drinking water
 regulations or otherwise adversely affect
 the health of persons.
  In addition to § 144.12, other existing
 UIC authorities continue to be available
 to control Class V wells on a case-by-
 case basis, as needed to protect USDWs
 in any area. These can include requmng
 a permit under §§ 144.25 and/or
 requiring submission of additional
 inventory information under § 144.26
 In States with EPA-admmistered
 programs, the inventory requirements
 under § 144.26 can be supplemented by
 additional information requirements,
 including ground water monitoring,
 analysis of injected fluids, or
 submission of geologic information
 under § 144.27
  EPA expects and strongly encourages
 States to use these existing authorities to
 take whatever measures are needed to
 ensure Class V wells are not
 endangering USDWs in any other areas
 beyond ground water protection areas
 and sensitive ground water areas If
believed to be necessary, States should
apply the same requirements in this rule
to these and  other areas and/or to other
Class V wells Nothing in this rule
precludes a State or local government
 from promulgating more stringent
requirements above and beyond the
existing UIC authorities

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 A Definitions/Terminology
 1 Ground Water Protection Areas
   At § 144.85, the proposal specified
 that only those owners or operators of
 motor vehicle waste disposal wells and
 large-capacity cesspools that are located
 in delineated source water protection
 areas for community or non-transient
 non-community water systems that use
 ground water as a source must meet the
 requirements of the rule. However,
 EPA's Final Guidance for Source Water
 Assessments and Protection Programs
 (8/97), does not require States to call
 their delineated areas "Source Water
 Protection Areas" and the State
 Drinking Water Source Assessment and
 Protection Programs submitted to EPA
 to date indicate that States may identify
 these areas by other names (e.g., source
 water assessment areas, ground water
 areas). Therefore, to avoid the confusion
 these terms may cause, the term
 "ground water protection areas" will be
 used in this rule to identify areas
 delineated and assessed under section
 1453 of the Safe Drinking Water Act for
 community and non-transient non-
 community water systems that use
 ground water as a source , and are
 therefore subject to this rule. In cases
 where the State delineates zones or
 areas representing various levels of
 protection, the State would determine
 which areas correspond to ground water
 protection areas for the purposes of this
 rule.
 2. Sensitive Ground Water Areas
  The phrase  "sensitive ground water
 area" was not used  in the proposed
 Class V rule. However, the proposal
 recognized that areas beyond ground
 water protection areas might warrant
 additional protection and requested
 public comment on whether the new
 Class V regulations  should apply
beyond these areas, possibly statewide,
 to ensure protection of USDWs.
  EPA received many comments
recommending that the rule
requirements extend beyond ground
water protection areas in order to
 protect future sources of drinking water
and to protect the public  health of
persons using individual wells. EPA
agrees with those commentors and
expanded the  requirements to owners or
operators of motor vehicle waste
disposal wells located in  additional
sensitive ground water areas, as
designated by the program director. The
phrase "sensitive ground water areas"
in this rule refers to ground water areas
that are critical for public health
protection because of hydrogeologic and
other features that would cause USDWs
to be vulnerable to contamination from
 the well-types regulated by this action.
 A general definition of other "sensitive
 ground water areas" has been included
 in the final rule at § 144.86. This
 definition should act as a guide to
 regulators when delineating sensitive
 ground water areas. At § 145.23 EPA
 requires States, as part of their Class V
 program revision, to submit a plan for
 delineating other sensitive ground water
 areas (unless the State chooses to
 implement the program statewide).
 Program revisions are subject to public
 review and, therefore, the public will
 have the opportunity to comment on the
 States approach to delineating other
 sensitive ground water areas. EPA is not
 requiring States to submit a plan for
 ground water protection areas as part of
 their program revision because, as
 required under 1453 of the Safe
 Drinking Water Act, each State's
 Drinking Water Source Assessment and
 Protection Program outlines the States
 plan for conducting ground water
 protection area assessments and has
 already undergone public review and is
 undergoing EPA review. EPA also
 intends to provide States with further
 guidance on delineating sensitive
 ground water areas. Guidance
 documents will be made available from
 EPA Regional Offices or through the
 Safe Drinking Water Hotline.
 3. Point of Injection

   In the proposed Class V rule, the
 phrase "point of injection" was used at
 § 144.88 to establish where fluids
 injected into a well would be required
 to meet MCLs and other health-based
 standards. The proposal, however, did
 not define the term "point of injection "
   Several commentors requested that
 this term be defined to avoid confusion
 Other commentors expressed concern
 about where the "point of compliance"
 would be and suggested various points
 to measure compliance, ranging from
 "point  of use" to the property boundary.
 Others  recommended not defining the
 point of injection, because a highly
 prescriptive definition of the "point of
 injection" would be difficult to
implement due to the many different
engineering configurations of Class V
wells.
  To resolve this issue, EPA sought
public comment in the May 21,1999,
NODA  on the need  for the final Class V
regulation to clearly define the "point of
injection  " The majority of the
commentors on the NODA supported
defining the point of injection for Class
V wells as the distribution box (for the
case of septic systems) or the end of the
pipe for injection wells. One commentor
stressed the need to give UIC Directors
 the authority to determine the point of
 injection on a case by case basis.
   In response to public comment, EPA
 has decided to define "point of
 injection." Taking into account the
 difficulties of applying a specific
 definition to a variety of wells, "point
 of injection" is defined as, "the last
 accessible sampling point prior to waste
 fluids being released into the subsurface
 environment," at § 144.3. For septic
 systems, the last accessible sampling
 point might be the distribution box, for
 injection wells the last accessible point
 prior to injection would be the end of
 the pipe. This definition, in addition to
 a guidance document, should act as a
 guide to regulators and Class-V well
 owners and operators, regardless of well
 configuration, when determining the
 most appropriate sampling point to
 determine compliance.
 4. Motor Vehicle Waste Disposal Wells
   In its proposal, EPA determined that
 injection wells located in ground water
 protection areas that receive waste
 fluids from the servicing of motor
 vehicles pose an endangerment to
 underground sources of drinking water
 Motor vehicle waste disposal wells are
 defined at § 144.81 (16) as follows
 "Motor vehicle waste disposal wells
 receive or have received fluids from
 vehicular repair or maintenance
 activities, such as an auto body repair
 shop, automotive repair shop, new and
 used car dealership, specialty repair
 shop (e.g, transmission and muffler
 repair shop),  or any facility that does
 any vehicular repair work."
 B Industrial Waste Disposal Wells
  In the July 29,1998 notice, EPA
 proposed additional requirements for
 the group of Class V wells categorized
 as "industrial" when located in ground
 water protection areas because these
 well types may  pose an endangerment
 to underground sources of drinking
 water. The proposed industrial well
 category included a wide range of
 industries disposing of wastes from
 such various industries as animal
 hospitals, environmental laboratories,
 dry cleaners, and oil refineries. In
 addition to representing a wide range of
 industrial discharges, these wells vary
 in construction, depth, and operation
The Agency solicited comment on the
appropriateness of designating
 industrial wells as high risk and
 regulating them under this rule
  Based on public comment, EPA now
believes that, although these wells may
 pose high risks to  underground sources
of drinking water, the well category as
defined in the proposal may be too
diverse to follow the same regulatory

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            Federal Register/Vol. 64. No.  234/Tuesday, December 7, 1999/Rules and  Regulations     68553
approach EPA believes that more
information is needed to formulate an
effective program for these wells and
wastestreams. As a result, EPA has
decided to defer finalization of the 1998
proposal for this category of wells.

C Coverage of the Rule

1  Large-Capacity Cesspools

  The proposed rule banned large-
capacity cesspools in ground water
protection areas. However, in the
preamble to the proposed rule, the
Agency recognized that there may be
instances where pathogens in untreated
sanitary waste released from Class V
large-capacity cesspools could pose an
acute heath risk (i.e., a person could
become ill by taking one drink from an
affected drinking water supply) and
sought comment on the merits of
broadening the coverage of the rule to
include ground water protection areas
for transient public water systems and
possibly statewide. Many commentors
supported the idea of extending the ban
on large-capacity cesspools, due to
concerns over one-time exposure to
pathogens in drinking water. Some
commentors supported extending the
ban to ground water protection areas
delineated for transient non-community
systems that use ground water as a
source, but the majority of commentors
supported statewide coverage, primarily
because of the acute risk these wells
pose, the nature of the contaminants
and the on-site disposal alternatives
available to owners or operators.
  Based on these public comments, EPA
has decided to ban new and existing
large-capacity cesspools nationwide.
EPA believes that extending the rule's
coverage is the most appropnate course
of action given that many States already
ban new large-capacity cesspools, the
acute nature of the risks posed by these
wells, and the relative ease of
developing alternative means to dispose
of sanitary waste on-site.

2. Motor Vehicle Waste Disposal Wells

  The proposal would have regulated
motor vehicle waste disposal wells in
ground water-based community and
non-transient, non-community ground
water protection  areas, but encouraged
States to use existing UIC authorities to
ensure Class V wells are not
endangering USDWs beyond those
areas. However, the proposal recognized
that additional areas might warrant
additional protection and requested
public comment on whether the new
Class V regulations should apply to
motor vehicle waste disposal wells
beyond ground water protection areas.
  One-third of the commentors on this
 issue opposed expanding the rule.
 These commentors believed existing
 authority adequately protected USDWs
 outside of ground water protection
 areas, EPA would be exceeding its
 authority, limited resources and the
 need for State flexibility would inhibit
 implementation of the rule in additional
 areas, and additional regulatory burden
 would be placed on well owners or
 operators outside ground water
 protection areas.
  About one-half of the commentors on
 this subject favored expanding the
 requirements for motor vehicle waste
 disposal wells beyond ground water
 protection areas. A number of these
 commentors specified additional areas
 where the regulation should apply,
 including impaired ground water areas,
 critical aquifer protection areas, sole-
 source aquifers, aquifer storage and
 recovery areas, sand/gravel/karst
 aquifers, national parks, possible future
 USDWs, rural areas with private wells,
 and the entire State. Some commentors
 suggested phasing  in additional
 sensitive ground water areas over time.
  Commentors supporting expansion
 sought to ensure protection of all
 USDWs and uniform application of the
 regulations. Others believed that
 expansion of the rule is needed to
 protect future sources of drinking water,
 private drinking wells, and other
 sensitive ground water areas not
 included in ground water protection
 areas.
  The NODA requested comment on an
 approach to expand the rule beyond
ground water protection areas to other
 sensitive ground water areas that the
 State identified and phasing in  the
 implementation of the rule in these
additional areas. Eleven commentors
addressed the addition of sensitive
ground water areas and nine
commentors addressed the phased
approach to implementation For
expansion of the rule beyond ground
water protection areas, seven
commentors supported the need to
protect additional areas with two of the
commentors recommending statewide
coverage of the rule. Three commentors
opposed expansion, stating that limiting
the rule to ground water protection
areas adequately protected USDWs.
Seven commentors supported phasing
 in the regulations beyond ground water
protection areas  They agreed that the
given time frame allowed adequate time
 for owners/operators and States to
implement the rule, and the phase in
would assist States in prioritizing areas
 for implementation of the rule Two
commentors opposed the phasing in of
any additional sensitive ground water
areas.
  EPA agrees with those commentors
suggesting additional areas need to be
covered by this rulemaking. The State
Source Water Protection Program
provides protection for areas directly
around public drinking water supplies
and does not consider or protect
drinking water sources that are not
currently being used. In addition,
limiting the rule to ground water
protection areas does not take into
consideration factors such as
contaminants that could readily migrate
to existing water supplies, sole source
aquifers, and individual well fields.
Therefore, the Agency feels it is
important to extend the rule beyond
ground water protection areas to fulfill
its mandate to protect current and future
drinking water sources. Thus, EPA, at
§ 144.85, regulates existing motor
vehicle wells in both ground water
protection areas and other sensitive
ground water areas, as delineated by the
Director and bans new motor vehicle
waste disposal wells nationwide. In
delineating sensitive ground water
areas, both Primacy States and EPA
Regions (for DI States) should evaluate
the hydrogeologic setting and consider
such factors as: the presence or absence
of karst topography, fractured bedrock,
sandstone, and/or confining layers; the
depth to ground water; significance as a
drinking water source, and future uses
of the land. Primacy States and EPA
Regions (for DI States) must implement
the rule for existing motor vehicle waste
disposal wells in ground water
protection areas within one year  of the
completion of the local assessments,
and must delineate sensitive ground
water areas by January 1, 2004 and
implement the rule in these areas by
January 1, 2007

D Ban of Large-Capacity Cesspools
  As discussed in section IV of this
preamble, concerns over "acute" health
risks have led EPA to extend the  ban of
large-capacity cesspools to all large-
capacity cesspools nationwide Separate
from this issue of the rule coverage,
however, is whether large-capacity
cesspools should be banned.
  The majority of commentors
supported the ban. The prevailing
opinion among these commentors was
that strong steps need to be taken to
keep pathogens from these wells from
entering drinking water sources The
use of new large-capacity cesspools is
recognized as an inferior method of
disposing of waste that can be remedied
by the installation of a septic system
and has already been banned by many
States Thus, in response to the many

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 68554
Federal Register/Vol. 64, No. 234/Tuesday, December  7,  1999/Rules and  Regulations
 concerns expressed regarding acute
 contaminants in cesspools, EPA has
 banned new and existing large-capacity
 cesspools nationwide.

 E Requirements for Motor Vehicle
 Waste Disposal Wells

 1. Ban New Wells and Require Existing
 Wells To Either Close or Get a Permit
   EPA co-proposed a ban and a ban
 with a waiver for existing motor vehicle
 waste disposal wells. The alternative
 allowing a waiver for existing wells
 would include a permit requiring waste
 fluids to meet MCLs and other health-
 based standards at the point of injection,
 owners or operators to adopt practices
 such as BMPs, and provide injectate and
 sludge monitoring.
  Half of the commentors opposed the
 idea of waivers, believing a ban was
 necessary to prevent endangerment of
 current and future drinking water
 sources. Commentors' concerns with a
 permit program included: inadequacy of
 monitoring and sampling; limited
 technical knowledge  on the part of
 many owners/operators to ensure that
 USDWs are not being threatened; and
 the burden on regulating agencies to
 satisfactorily implement and enforce a
 permit program. Pointing to the
 vulnerability of motor vehicle waste
 disposal wells to accidental spills of
 motor vehicle fluids, some commentors
 thought that any well left open would
 violate the existing non-endangerment
 provision in 40 CFR 144.12(a) of the UIC
 regulations. Some of these commentors
 recommended that if the waiver option
 was  chosen, the permit must: (1)
 include sampling to determine the
 baseline  quality of ground water; (2)
 specify that injection of waste must not
 degrade the current quality of the
 ground water, or must meet MCLs,
 whichever is more stringent; (3) include
 continued ground water sampling; (4)
 specify, based on the baseline quality of
 ground water, that no  new substances
 can be introduced; and (5) specify that
 MCLs, other health-based standards, or
 Best Available Technologies (BATs) are
 utilized,  whichever is most stringent.
  Some of the commentors  favored the
 waiver option, viewing a ban to be
 unnecessary and supporting the
additional flexibility a waiver would
allow States and industry. Commentors
suggested a range of permit
requirements including monitoring,
sampling, training, and technology
requirements. Some States expressed
concern with sampling costs, site-
specific criteria, and compliance
assurance
  EPA believes there is a high potential
 for endangerment of drinking water
                           sources from motor vehicle waste
                           disposal wells located in ground water
                           protection areas and other sensitive
                           ground water areas. However, EPA
                           recognizes that treatment technologies
                           and BMPs, if properly implemented,
                           could allow wastewater to meet MCLs
                           and other health-based standards at the
                           point of injection. Therefore, today's
                           final rule promulgates a ban with a
                           waiver option for existing motor vehicle
                           waste disposal wells. UIC Directors
                           should use their best judgment when
                           issuing waivers from the ban, and
                           consider factors such as cost
                           effectiveness, maintenance of treatment
                           systems, potential for impacting water
                           systems, a facility's compliance history,
                           and records showing waste recycling.
                            The specific permit requirements
                           could vary from one well to the next,
                           but would have to include the following
                           three conditions at a minimum. First,
                           owners or operators would have to make
                           sure fluids released in their wells meet
                           the primary drinking water MCLs and
                           other appropriate health-based
                           standards at the point of injection.
                           Second, owners or operators would
                          have to follow specified BMPs for motor
                          vehicle-related facilities. Third, owners
                          or operators would have to monitor the
                          quality of their injectate and sludge (if
                          present in dry wells or tanks holding
                          injectate) both initially and on a
                          continuing basis in order to demonstrate
                          compliance with the MCLs. The rule,
                          however, does not specify monitoring
                          requirements that must be followed,
                          leaving those instead to the discretion of
                          the Director to specify in the permit.
                            When all of these requirements are
                          put together, EPA believes the permit
                          would specify the following kinds of
                          monitoring requirements, but recognizes
                          that States will design monitoring
                          requirements appropriate to the
                          situation. As a first step, owners or
                          operators might be required to
                          characterize the quality of their injectate
                          and  any sludge If liquid from the sludge
                          has chemical concentrations below the
                          MCLs, owners or operators might be
                          required to analyze the injectate
                          quarterly for the first three years and
                          then annually if it is consistently below
                          the MCLs. They also might be required
                          to analyze their sludge annually. If the
                          injectate is below the MCLs but liquid
                          from the sludge is above the MCLs, then
                          owners or operators might have to
                          follow the same monitoring
                          requirements as above plus pump and
                          properly dispose of their sludge
                          Finally, if the injectate is above the MCL
                          and the liquid from the sludge is above
                          the MCL, then the owner or operator
                          would need to (1) Install treatment to
                          meet permit requirements to meet MCLs
  and other health based standards at the
  point of injection; (2) pump and
  properly dispose of their sludge; (3)
   Eerform quarterly sampling of injectate
   >r the first three years and then
  annually if consistently below the
  MCLs; (4) perform annual sampling of
  the sludge, and (5) other requirements
  established by the Director to protect
  USDWs.
   Although the rule envisions that
  States will issue individual permits,
  States are not precluded from issuing a
  general permit to a group of facilities
  that have similar characteristics. For
  instance, there may be a number of
  service stations in an area that have
  similar waste streams, BMP's, good
  compliance histories and for which the
  permit conditions would be identical.
 Another example could be a group of
  facilities owned by a municipality that
 are used for a similar purpose, have
 similar waste streams and follow that
 same procedure, including BMPs
 General permits would have to specify
 the initial and ongoing monitoring
 requirements, BMPs, and that MCLs and
 other health based standards must be
 met at the point of injection. State
 regulations would have to include
 provisions for these general permits,
 including their conditions and where
 they could apply.

 2. MCLs at the Point of Injection
   Under the ban with a waiver option
 proposed for existing motor vehicle
 waste disposal wells, such wells would
 be allowed to stay open subject to a
 permit that, among other things,
 requires waste fluids to meet MCLs and
 other health-based standards at the
 point of injection. As discussed in the
 preamble to the proposed rule, some
 members of the Small Business
 Advocacy Review Panel thought that
 EPA should allow MCLs to be exceeded
 (e.g., by 10 or 100 times) for certain
 contaminants under certain conditions
 These Panel members pointed out that
 metals and some other contaminants are
 attenuated as they migrate through soil
 prior to reaching the water table and are
 diluted within an aquifer prior to
 reaching a drinking water withdrawal
 well
  The majority of commentors
 supported the proposal to meet MCLs
 and other health-based standards at the
 point of injection In general, these
 commentors believed that allowing
 injection at levels above the MCL would
be the same as providing "a permit to
 pollute," and that it would be illogical
 for EPA to use the MCLs as cleanup
benchmarks at Superfund sites, yet
allow new ground water contamination
by permitting injection above the MCLs

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             Federal Register/Vol. 64, No. 234/Tuesday,  December  7,  1999/Rules and Regulations      68555
Several of these commentors also
believed it was not realistic to expect
small businesses that own or operate
motor vehicle waste disposal wells to be
able to determine whether their site-
specific conditions were suitable to
safely allow injection at levels higher
than the MCLs.
  A few commentors were concerned
that MCLs at the point of injection was
not protective enough, believing instead
that background concentrations in
ground water should be used as the
standard or that the rule should prohibit
the introduction of any potentially
hazardous chemical into USDWs, even
when present in concentrations below
MCLs. About a third of the commentors
opposed the proposed requirement,
believing that it was unnecessary to
protect USDWs where contaminant
dilution and/or attenuation was
expected to be significant and that it
would impose an undue burden on well
owners or operators.
  Based on these public comments,
today's final rule requires fluids
released into motor vehicle waste
disposal wells to meet MCLs and other
appropriate health-based standards at
the point of injection, as one of the
permit conditions that have to be met
when such wells remain open under the
waiver option. EPA also believes that
developing a set of conditions within
which a motor vehicle waste disposal
well could release fluids that exceed
drinking water standards without
endangering USDWs is not a viable
option for most small businesses and
regulatory authorities because of the
difficulty and expense involved in
collecting the site-specific hydrologic,
geologic, and soil information needed to
determine that injection above the MCLs
does not endanger USDWs. EPA
believes that requiring MCLs and other
health based standards to be met at the
point of injection is necessary to ensure
that motor vehicle waste disposal wells
meet the non-endangerment provision
in § 144 12(a). In future  rulemaking, the
regulatory controls needed to prevent
endangerment from other types of Class
V wells will be evaluated on a case by
case basis House Report 13002 (July 10,
1974) stated that the UIC endangerment
standard should be "liberally construed
so as to effectuate the preventive and
public health protective purposes" of
the SDWA (A Legislative History of the
Safe Drinking Water Act. Committee
Print, February, 1982, at 564). More
specifically, in defining endangerment,
the House Report states that "actual
contamination of drinking water is not
a prerequisite either for the
establishment of regulations or permit
 requirements or for the enforcement
 thereof." Id.

 3. Reclassification of Certain Motor
 Vehicle Wells
   The proposed rule did not address
 specific conditions or requirements for
 converting a Class V motor vehicle
 waste disposal well to another kind of
 Class V well. The preamble to the
 proposed rule, however, did discuss
 how a motor vehicle service facility
 might continue to operate its Class V
 well if all motor vehicle waste fluids
 generated at the facility were segregated
 and only other liquids, such as
 stormwater, ice melt, and wastewater
 from carwashes, were allowed to enter
 the injection well. The preamble to the
 proposed rule  suggested actions that
 could result in a well being converted,
 including performing motor vehicle
 maintenance in areas that do not drain
 into the Class V well, or installing  a
 semi-permanent plug (also known  as a
 plumber's plug) in the sump outlet
 leading to the injection well.
  The proposal advised that for the use
 of a semi-permanent plug to be
 acceptable, the plug would truly have to
 be semi-permanent. It could not be
 easily removed, as this would create the
 potential for the well to remain open
 and subject to abuse. Because of these
 concerns, the proposal specifically
 requested comment on the use of semi-
 permanent plugs, particularly on their
 limitations and on circumstances where
 their use is or is not appropriate.
  Most of the public comment received
 on motor vehicle waste disposal well
 conversions addressed the use of semi-
 permanent plugs, with the majority
 opposing their use. Concerns included
 potential for improper disposal of
 wastes, economic incentives to dispose
 of automotive wastes in the well, and
 the regulatory program's inability to
 maintain an adequate field presence to
 ensure such plugs are being properly
 used The majority of these commentors
 preferred permanent closure of the well
  Supporters of semi-permanent plugs
 maintained that inappropriate wastes
 would not enter the drain, adding that
the flexibility to inject appropriate
 fluids while avoiding the costs of well
closure is an important option for small
businesses Commentors suggested
 provisions be added to ensure abuse
 does not occur.
  EPA agrees with commentors
concerned with the potential misuse
and/or abuse of floor drains in motor
vehicle-related facilities. However,
because of the need expressed by small
businesses, EPA will allow motor
vehicle waste disposal well conversions
at the UIC Directors' discretion as long
 as no motor vehicle waste can enter the
 well. The Director must ensure that all
 motor vehicle fluids are physically
 segregated from the fluid being injected
 and the unintentional or illicit discharge
 of motor vehicle waste is unlikely based
 on a facility's compliance history and
 records showing proper waste disposal
 Based on the concerns expressed
 through public comment, the use of
 semi-permanent plugs will not be
 considered as a viable'means to
 segregate waste. EPA believes that m
 order to meet the requirements for well
 conversion, owners or operators of
 converted Class V wells in motor
 vehicle related facilities will need to
 implement BMPs. In addition, in order
 to meet the requirements for well
 conversion, owners and operators must
 take measures to ensure that motor
 vehicle waste fluids are physically
 segregated from the injection well. EPA
 plans to develop a  guidance document
 for the conversion of motor vehicle
 waste disposal wells.

 4. Storm Water Wells at Motor Vehicle
 Waste Disposal Sites
  During stakeholder meetings and
 through public comment, commentors
 expressed concern  over the
 classification of storm water  drainage
 wells located at motor vehicle facilities.
 In the proposed rule, EPA solicited
 comment on ways of defining storm
 water wells and distinguishing them
 from motor vehicle waste disposal and
 industrial wells. While this final rule
 does not address industrial or storm
 water injection wells, it is important to
 clarify EPA's position  regarding storm
 water wells located at  motor  vehicle
 facilities.
  Storm water drainage wells located at
 motor vehicle facilities that are intended
 for storm water management  but that
 also  may receive insignificant amounts
 of fuel due to unintentional small
 volume leaks, drips, or spills at the
 pump are not considered motor vehicle
 waste disposal wells and are  not subject
 to this rule The Agency will  develop
 guidance to assist owners /operators in
 determining if their well is a  motor
 vehicle waste disposal or drainage well

 F Compliance Period
  At § 144.87, the proposed regulation
 provided 90 days after the local
 assessment for ground water  protection
 areas is completed for  owners/operators
 of existing motor vehicle waste disposal
 wells in those areas to either  close their
 wells or submit an application for a
waiver, if allowed. The UIC Program
Director would have the flexibility of
extending the 90-day deadline for up to
 one year

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 68556     Federal Register/Vol. 64. No.  234/Tuesday. December 7, 1999/Rules and Regulations
   While one commentor supported the
 proposed compliance period, the
 majority of the commentors opposed the
 90-day deadline. Reasons for opposition
 included the burden on small
 businesses and States, as well as
 potential difficulties in disseminating
 information and finding alternative
 means for wastewater disposal within
 that time frame. These commentors
 recommended that the deadline be
 extended anywhere from 180 days to
 two years, with the majority suggesting
 a one-year compliance period.
   EPA agrees with the majority of the
 commentors that a 90-day compliance
 period may not be sufficient to comply
 with the new requirements. Therefore,
 EPA has extended the compliance
 period to one year after completion of
 the local assessment for ground water
 protection  areas. However, EPA strongly
 encourages owners and operators who
 wish to apply for a waiver to do so
 within 90 days of the completion of
 their local assessment for ground water
 protection areas to insure they are
 operating under permit conditions
 within the one year compliance period.
 The additional time will allow State UIC
 staff to conduct outreach and will
 provide owners and operators
 additional time to achieve compliance.
 In addition, as proposed, the UIC
 Director may grant a one-year extension
 if the most  efficient compliance option
 is connection to a sanitary sewer or
 installation of new treatment
 technologies.

 G Deadlines for Delineations of Covered
 Areas

 I Drinking Water Source Assessment
 Program Not Completed On Time
  The  proposed rule, at § 144.87(b),
 states that if a State does not complete
 its EPA approved Drinking Water
 Source Assessment Program for its
 community water systems and non-
 transient non-community water systems
 by May 2003, the regulations will apply
 statewide permanently. This deadline
 was chosen because it assumed all
 States would meet the deadlines in
 Section 1453 of the SDWA and that EPA
 would  approve an eighteen month
extension for States to complete
assessments, which would be in May of
 2003. The proposal requested comments
on alternative approaches.
  About one quarter of the commentors
on this issue agreed that the
requirements should apply statewide if
a State's Drinking Water Source
Assessment Program is not complete by
May 2003, noting that this option would
maintain consistency throughout each
State
    The remaining commentors on this
  issue opposed either permanent
  statewide application of the rule or the
  May 2003 deadline. Many of those
  opposed were concerned with the
  burden on owners and operators. A few
  commentors asserted that statewide
  implementation would exceed EPA's
  authority under the SDWA, that States
  do not need an added incentive to
  complete Drinking Water Source
  Assessment Programs, or that
  permanent statewide application of the
  rule would discourage partnerships
  between States and owners or operators
   Several commentors suggested
  variations on the statewide proposal,
  such as: phased implementation linked
 to Drinking Water Source Assessment
 completion; exempting wells on a case-
 by-case basis from a statewide ban, and,
 exempting areas of the State where
 delineations were completed but
 Drinking Water Source Assessments
 were not.
   Commentors who opposed the
 proposal also expressed concern that the
 pressure to complete a State's Drinking
 Water Source Assessment Program by
 the May 2003 deadline may hinder a
 State's effort to develop an effective
 program. Other commentors supported
 an extension in May 2003 if a State
 could show significant progress on its
 Drinking Water Source Assessments or
 utilizing financial incentives to
 encourage States to complete their
 Drinking Water Source Water
 Assessment Program on time
   In response to many of these
 comments, for purposes of this rule EPA
 has extended the deadline. The final
 rule specifies at § 144.87 (b) that the rule
 applies statewide on January 1, 2004 if
 the local ground water assessments for
 community water systems and non
 transient non community water systems
 under an EPA approved Drinking Water
 Source Assessment Program are not
 completed. The extra time accounts for
 possible modifications to State programs
 submitted during EPA's review process.
 Further, the later date provides
 additional time for affected owners and
 operators to be informed of the
 application of this rule to their facilities
 and come into compliance. In addition,
 States can apply to the EPA for an
 extension  to up to one year if they have
 made reasonable progress  in completing
 their assessments for ground water
 protection areas  States must apply to
EPA for an extension by June 1, 2003
  EPA retained statewide
 implementation,  if a State Drinking
Water Source Assessment Program is
not completed because this is the only
preventive approach practical given  that
it would be difficult  to ascertain which
  areas are most vulnerable if assessments
  are not completed. At the same time,
  EPA believes that all States will
  complete assessments for community
  water systems and non transient non"
  community water systems before the
  January 1, 2004 deadline. There are
  approximately 170,000 public water
  systems for which States must develop
  source water assessments. Of those
  systems 40,820 are community water
  systems, 18,660 are non transient non
  community water systems and 87,870
  are transient water systems. Thus, for
  the purposes of this rule, States must
  complete less than half of their
  assessments by this deadline and EPA
  believes that if a State does encounter
  difficulties it will prioritize its efforts
  and complete the community and non-
  transient non-community systems first
  In addition, many States have received
 early approval of their programs and
 have begun their assessments ahead of
 schedule. In addition, a review of the
 State's Source Water Assessment Plans,
 which have been submitted to EPA for
 approval, indicate that many States
 intend to use their EPA approved  Well
 Head Protection Program as the basis for
 developing their ground water
 protection areas. Approved Well Head
 Protection Programs include two of the
 three steps required to complete the
 ground water portion of a State Source
 Water Protection Plan. States that  adopt
 their existing Well Head Protection Plan
 will have met the majonty of the
 requirements for the ground water
 portion of the State Drinking Water
 Source Assessment and Protection
 Program. Therefore, if a State fails to
 complete all local assessments for
 ground water protection areas by
 January 1, 2004 (or January 1, 2005 with
 an extension) the rule will apply
 statewide for existing motor vehicle
 waste disposal wells.

 2. Sensitive Ground Water Areas Not
 Delineated on Time
   Both Primacy States and EPA Regions
 (for DI States) must delineate sensitive
 ground water areas by January l, 2004
 If States have not delineated their other
 "sensitive ground water areas" by that
 time, the regulations affecting motor
 vehicle waste disposal wells will apply
 statewide permanently by January  1,
 2007 Existing motor vehicle waste
 disposal wells (in delineated sensitive
 ground water areas but outside of
 ground water protection areas) in
 Primacy States and EPA Regions (for DI
 States) must achieve compliance by
 January 1.2007
  The January 1, 2004 date was chosen
as a deadline for delineation  of sensitive
ground water areas to allow States  time

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            Federal  Register/Vol. 64, No.  234/Tuesday,  December 7,  1999/Rules and Regulations      68557
to delineate these areas. EPA is
confident that States will delineate
sensitive ground water areas well before
the January 2004 deadline. States can
delineate sensitive ground water areas
based on existing information such as
State specific geologic and hydro-
geologic maps. An assessment and
inventory of contaminant sources
within these areas will not have to be
completed In addition, States already
have knowledge of these areas, and
some States and EPA Regions (for direct
implementation States) have already
mapped sensitive ground water areas.
Phased implementation will allow
resources to be spent on sensitive
ground water areas once the rule has
already been implemented in ground
water protection areas. However, States
may apply to the EPA for an extension
for up to one year to complete
delineations for sensitive ground water
areas if they are making reasonable
progress in identifying these areas.
States must apply for this extension by
June 1. 2003. EPA will consider and
decide the merits of the extension
requests separately for completing
assessments for ground water protection
areas and for identifying other sensitive
areas.

3. Assessments for Ground Water
Protection Areas Completed Before UIC
Primacy Revisions Are Approved
  EPA believes that, based on the
current status of States in developing
State Drinking Water Source
Assessment and Protection Programs
and EPA in approving them, most
programs will likely be approved by the
end of 1999.  Once approved, States will
begin to complete their local
assessments for ground water protection
areas. It is likely, therefore, that some
local assessments will be completed
before certain Primacy States have had
an opportunity to revise and receive
EPA approval for their updated Class V
UIC programs. In this case, owners and
operators of existing motor vehicle
waste disposal wells (located in a
ground water protection area with a
completed assessment) have one year
from the date of EPA's approval of their
State's Class V UIC program revision to
comply with the new Class V
requirements.

H Pre-Closure Notification
  The proposal, at § 144.88 (table),
required owners or operators of large-
capacity cesspools and motor vehicle
waste disposal wells in States where the
UIC Program is directly implemented by
EPA to notify the Program Director of
their intent to close their well at least 30
days prior to closure
  These requirements were proposed for
DI programs based on the need to track
high-priority well closures in EPA-
administered programs. In the interest
of flexibility, the proposal did not
require State-administered UIC
programs to adopt the same pre-closure
notification. EPA solicited comments on
the merits and potential impacts on
Primacy States of requiring pre-closure
notification
  The majority of commentors were in
favor of requinng pre-closure
notification in Primacy States, as this
would allow for a more accurate
inventory, and would provide a
mechanism for State oversight of well
closures.
  For these reasons, EPA has decided to
extend pre-closure notification for large-
capacity cesspools  and motor vehicle
waste disposal wells to Primacy States
in all areas covered by the rule at
§ 144.88 (table).

I Exclusion Criteria for Cesspools and
Septic Systems
  EPA proposed to revise the exclusion
criteria  for septic systems and cesspools
receiving solely sanitary wastes  to
exclude from the UIC regulations both
septic systems and cesspools with the
capacity to serve fewer than 20 persons
per day and those serving individual or
single family residences. The proposal
eliminated the distinction between
residential and non-residential systems
and set the exclusion criteria at systems
with the capacity to serve fewer than 20
people per day. While most commentors
supported the 1995 proposal, the vast
majority of people addressing this issue
added that the 20 persons-per-day
threshold should be changed. These
commentors, many of which were
States, generally favored a criterion that
was based on waste flow rate or  septic
tank size. However, it was not clear to
EPA if any of the alternative criteria that
were suggested could be adopted on a
national level without significantly
disrupting many State programs nor that
such a change was needed to improve
USDW protection.
  To shed further light on this issue, the
1998 proposal asked for further
comments on whether the criterion
needed  to be changed to fix a significant
problem. In general, the comments
received were similar to those received
for the 1995 proposal. The majority of
the  commentors suggested EPA use a
flow rate (ranging from less than 400 to
20,000 gallons per day). Some
commentors thought the 20 persons
critenon was too low and should be set
at 25. Still others suggested that  there is
less waste per person from industrial/
commercial sites than residential sites.
  EPA recognizes that the current
critenon as written in § 144.1(g) has
weaknesses. However, because no
commentor recommended an alternative
criterion that would not disrupt existing
State programs or that was necessary to
ensure better protection of USDWs,
today's rule retains the critenon at
§ 144 l(g). Under this criterion, non-
residential cesspools, septic systems or
similar waste disposal systems are
covered under the UIC program if they
are used solely for the disposal of
sanitary waste, and have the capacity to
serve 20 or more persons a day.
Residential large-capacity cesspools and
septic systems are covered by the UIC
program if they are used by a multiple
dwelling, community or regional system
for the injection of waste.
  EPA will re-evaluate this issue in the
context of a future Class V rulemaking,
using information collected during the
Class V Study of all wells not covered
by todays rule, including septic systems

/ Other Amendments

  EPA is finalizing other minor
revisions originally proposed in the
August 28,1995 notice, in order to
provide a complete and coherent picture
of all Class V UIC changes being
contemplated. These revisions address
(1) a few definitions in §§ 144.3 and
146.3, and (2) the classification of
radioactive waste disposal wells in
§§ 144.6 and 146.5. In addition, certain
existing Class V requirements are being
reiterated in or moved to the plain-
English version of the consolidated
Class V regulations in 40 CFR 144
Subpart G.

1. Categories of Class V Wells

  In the 1995 and  1998 Class V
proposals, EPA solicited comment on a
proposed reclassification scheme for all
Class V well subtypes Some
commentors objected to the new
classification scheme. Additionally,
preliminary information gathered as a
part of the Class V study indicates the
proposed categorization scheme may
not appropriately group the Class V
subtypes and could be a source of
confusion to Class V owners and
operators in future rules
  In response to the public comment,
EPA will retain the current Class V well
type definitions found in § 146 5 (e)
with one exception The current list of
Class V wells at  § 146 5 does not include
a definition of Motor Vehicle Waste
Disposal wells. Therefore, EPA  is
finalizing the definition for Motor
Vehicle Waste Disposal wells at §§ 146 5
(e)(16) and 144 81  as it was proposed

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 68558     Federal Register/Vol. 64, No.  234/Tuesday.  December 7,  1999/Rules and Regulations

 2. Sections 144.3 and 146.3—Definitions
   The regulation adds new definitions
 for "cesspool," "drywell," "improved
 sinkhole," "point of injection",
 "sanitary waste," "septic system," and
 "subsurface fluid distribution system."
 The rule also revises the existing
 definitions for "well" and "well
 injection."
   An "improved sinkhole" is defined as
 a type of injection well regulated under
 the UIC program. Today's definition
 codifies EPA's interpretation that the
 intentional disposal of waste waters in
 natural depressions, open fractures, and
 crevices (such as those commonly
 associated with the cooling of lava flows
 or weathering of limestone) fits within
 the statutory definition of underground
 injection. A "subsurface fluid
 distribution system," which is a term
 used in the new definition  of "septic
 system," is defined with a standard
 engineering description. The definition
 of "well" has been revised to clarify that
 a "well" includes improved sinkholes
 and subsurface fluid distribution
 systems.
  The definition of "well injection" has
 been revised to eliminate a redundancy
 and simply state that well injection
 means the subsurface emplacement of
 fluids through a well.
 3.  Sections 144.6 and 146.5—
 Classification of Wells
  The regulation revises § 144.6(a) and
 § 146.5(a) by adding a paragraph (3) to
 move Class V radioactive waste disposal
 wells injecting below all USDWs into
 the Class I category. Such Class V wells,
 in fact, are similar to Class I wells in
 terms of their design, the nature of
 fluids that they inject, and their
 potential to endanger USDWs. In
 particular, like Class I wells, such
radioactive waste injection wells inject
below all USDWs and warrant the same
 level of control.
  The Agency believes that all of these
wells are located in  Texas, which
already regulates them as Class I wells.
Existing Class V radioactive waste
disposal wells, therefore, should not be
subject to any additional regulatory
requirements. However, the Agency
believes that Class I requirements
related to permitting, construction,
operating, monitoring, reporting,
mechanical integrity testing, area of
review, and plugging and abandonment
are needed to prevent any new
radioactive waste disposal wells from
endangering USDWs. The Agency, thus,
has reclassified Class V wells that inject
radioactive waste below the lowermost
USDW as Class I wells and subject them
to the full set of existing Class I
 requirements. This approach is
 administratively simpler and more
 straightforward than keeping the wells
 in the Class V universe and developing
 identical requirements under the Class
 V program.
   EPA wishes to clarify that this
 reclassification of Class V radioactive
 waste disposal wells does not affect the
 disposal of naturally occurring
 radioactive material (NORM) in Class II
 wells as part of oil and gas field
 operations. The injection of fluids
 associated with oil and natural gas
 production, including such fluids
 containing NORM, would continue to be
 regulated under existing Class II UIC
 requirements or under applicable
 regulations prescribed by the Primacy
 State agency.

 4. Existing Regulations Being Reiterated
 or Replaced in 40 CFR Part 144, Subpart
 G
  The existing description of the five
 classes of injection wells in § 144.6 has
 been reiterated in § 144.80 in the new
 Subpart G. Similarly, the existing
 prohibition of fluid movement m
 § 144.12 has been reiterated in § 144.82.
  The description of when Class V
 injection is authorized by rule in
 § 144.24 has been deleted and moved to
 §§ 144.84 in the new Subpart G.
 5. Part 145—State UIC Program
 Requirements
  The Agency has amended § 145 11 to
 be consistent with the changes in 40
 CFR Part 144. These amendments insert
 a set of new requirements in § 144.88
 that State programs must have the legal
 authority to implement.
  These amendments to Part 145 are
 technical corrections to incorporate the
 changes to 40 CFR Part 144. The
 corrections include a reference to the
 new section and a redesignation of
 paragraphs to accommodate the new
 references.

 6. Sections  144.23 and 146.10—Class IV
 Wells
  The August 28,1995 notice proposed
to add a new § 144.23(c) to clearly rule
authorize Class IV wells used to inject
treated water into the formation from
which it came if such injection is
approved by EPA or a State as part of
a RCRA or CERCLA remediation
program. The 1995 notice also proposed
to add a new paragraph in § 146 10(b) to
reiterate that owners or operators of
Class IV wells in EPA-admimstered
programs have to close their well in
accordance with the existing
requirements in § 144.23(b) prior to
abandonment Both of these proposals,
which are described in more detail in
 the preamble of the 1995 proposal (see
 60 FR 44665), are not related to Class V
 wells and thus were discussed but not
 revisited in the 1998 proposed revisior
 to the Class V regulations (63 FR 40587;
   In general, public commentors
 supported the August 28,1995 proposal
 as it related to section 144.23. Therefore
 EPA is finalizing new language at
 § 144.23 as proposed in 1995 as part of
 this rulemaking action
   No commentors addressed the
 proposed addition in § 146.10(b)
 presumably because it simply reiterates
 the existing Class IV well closure
 requirement in § 144.23(b) for the sake
 of clarity. Accordingly, EPA is finalizing
 the new § I46.10(b) as proposed in
 1995.

 V. Cost of the Rule
   The Agency has prepared an
 Economic Analysis (EA) of today's final
 rule to assess its costs. This section
 summarizes the burden of the  final rule
 on Class V large-capacity cesspool and
 motor vehicle waste disposal well
 owner/operators and the methods
 employed to calculate this impact. The
 complete EA has been placed in the
 rule-making docket.
 A. Methodology Overview
   EPA's methodology for estimating the
 national cost of the rule is largely
 identical to the methodology used to
 analyze the July 1998 proposed rule
 The analysis was modified in certain
 respects, however, to reflect changes in
 the rule in response to public comment
 on the proposal and to make use of data
 that was not available at the time of
 proposal. On May 21,1999, EPA
 published a Notice of Data Availability
 or "NODA" (64 FR 27741) to describe'
 and request public comment on the
 additional data obtained by the Agency
 since its publication of the proposed
 rule in July 1998.
  The following discussion summarizes
 the revisions to the Economic Analysis
 based data obtained after the proposal
 The complete analytic methodology,
 along with the detailed results  of the
 analysis, are presented in  the Economic
 Analysis document available in the
 public docket.

 1  Revised Estimates of the Numbers of
 Affected Wells
  The Economic Analysis reflects new
 estimates of the number of wells that
 will be affected by today's rule These
estimates are based on information
collected as a part of the "Class V
 Study" described in Section III C of this
 preamble and the notice of data
availability publish on May 21,1999
The Class V Study provides the latest

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            Federal Register/Vol.  64, No. 234/Tuesday, December 7,  1999/Rules and Regulations      68559
State inventory information (i e., on the
documented and estimated number of
wells of motor vehicle wells and large-
capacity cesspools) reported to EPA in
questionnaires completed by staff in the
States and EPA Regions. The Economic
Analysis uses the Class V Study to
determine the national universe of
potentially affected Class V UIC wells.
(In contrast, the prior analysis
developed national estimates of the
number of waste disposal wells by
employing a number of assumptions,
because survey data on the number of
wells were not available.)
  EPA received comments on the use of
this data from five commentors. These
commentors expressed concern that
there are uncertainties associated with
these data. EPA understands the
concerns of the commentors and
recognizes that a certain amount of
uncertainty exists with this (and any
other) facility inventory data. However,
EPA believes that the new  data
presented in the NODA represents the
best available information to use in the
economic analysis supporting today's
rule. EPA further believes that using this
new information to estimate the
economic impact of the Class V
requirements is a vast improvement
over the economic analysis for the
proposed rule. In that analysis, EPA had
to make numerous assumptions, relating
to Class V well inventories, to estimate
the economic burden of the new
requirements.
  The Class V study also collected State
Class V regulations. EPA reviewed State
regulations to determine which States
had requirements that were at least as
stringent as today's final rule. The
analysis then excluded wells in States
with UIC programs that are at least as
stringent as today's final rule. For
example, the analysis excludes large-
capacity cesspools in States that already
have banned them in their  regulations.
  To calculate the number  ofmotor
vehicle waste disposal wells that fall
within ground water protection areas,
EPA assumed that States will delineate
ground water protection areas by using
areas of one-half mile radius around
water supply wells for ground water
community water systems  (G—CWS) and
of one-quarter mile radius around water
supply wells for ground water non-
transient non-community water systems
(G-NTNCWS). This methodology is
consistent with the 1998 economic
analysis However in the Economic
Analysis for the final rule,  EPA used
data from State Drinking Water Source
Assessment and Protection Programs,
when available, to refine actual G—CWS
and G-NTNCWS radii on a State by
State basis. These State Drinking Water
Source Assessment and Protection
Programs were described in the NODA
of May 21,1999.
  The Economic Analysis estimates the
number of wells assumed to fall within
sensitive ground water areas based on
State-specific data regarding the
presence of certain conditions that
might be considered sensitive for
purposes of ground water protection
(e.g., sole source aquifers, shallow
unconsolidated aquifers, karst, fractured
bedrock). The NODA requested public
comment on applying the rule to wells
in sensitive ground water areas.
  As a result of the new data and
estimation methodology and the
modified scope of the rule as applied to
motor vehicle waste disposal wells in
sensitive ground water areas, the
number of wells estimated to be affected
by the rule has changed relative to
EPA's estimates for the proposed rule.
The number of affected large-capacity
cesspools is now estimated at 2,723
(compared to 55 estimated for the
proposed rule). The number of affected
motor vehicle wells is now estimated at
to range from 3,035 to 9,903 (compared
to 7,045 estimated for the proposed
rule).  This range is based on the amount
of land area that States may delineate as
sensitive.

2. Phase-in Assumptions
  The Economic Analysis has been
revised to more realistically model
when the rule will take effect. This is
important primarily due to one aspect of
how the final rule differs relative to the
proposed rule. Specifically, with regard
to motor vehicle wells, the final rule
applies not only to wells in ground
water protection areas (as did the
proposed rule), but also to wells in
sensitive ground water areas. However,
the rule requires wells in ground water
protection areas to come into
compliance with the rule no later than
2004,  whereas motor vehicle wells in
sensitive ground water areas must come
into compliance over a slightly longer
penod (by 2007). Moreover, even  for
large-capacity cesspools and for motor
vehicle wells in ground water protection
areas, it is unrealistic to assume that all
wells  will come into compliance in the
same year.
  To accurately evaluate the costs of the
rule, the Economic Analysis has been
revised to recognize the different time
periods over which wells are expected
to come into compliance. For motor
vehicle wells in ground water protection
areas, this period is 2001-2004. For
motor vehicle wells in sensitive ground
water areas, this period is 2004-2007
For large-capacity cesspools, this period
is 2001-2005.
3. Higher Closure Costs
  EPA has increased the estimated well
closure costs associated with the final
rule based on data obtained from several
sources following the publication of the
proposed Class V rule (63 FR 40586,
July 29,1998)  Specifically, EPA
obtained additional well closure cost
data from EPA Region II, as well as cost
data submitted by the Penske Truck
Leasing Company (Penske). Each of
these sources was discussed in the
NODA of May 21,1999. EPA also
considered the cost data submitted by
the American Trucking Association
(ATA) during the public comment
period for the proposed rule.
  • EPA Region II Data. EPA obtained
well closure cost data from EPA Region
II during a staff visit in March 1999 to
review case files  on Class V wells. This
visit provided  additional information on
Class V motor vehicle wells found
within the State of New York  Among
the information obtained were a limited
number of detailed cost breakdowns
used as cost  data references for the
revised economic analysis
  • Penske Truck Leasing Company
(Penske) The Penske data included
closure cost information for seven Class
V well closures, as well as a summary
of closure costs for  fifteen wells closed
by Penske. EPA used two of the seven
well closure reports that provided an
itemized list of well closure costs. In
addition, the EPA used the general
summary sheet to obtain information on
the costs associated with various
alternative motor vehicle wastewater
management strategies. The Penske
information reflected, in particular, the
costs of well closure activities at larger
truck maintenance and washing
facilities, rather than smaller automobile
service facilities.
  • American  Trucking Association
(ATA) During the public comment
period on the proposed rule, the ATA
submitted a set of comments presenting
a variety of actual well closure costs and
approximate cost ranges (e g , minimum
and maximum costs) The appendices
included summaries with non-itemized
closure costs for 24 different motor
vehicle facilities  (including some of the
same facilities  described in the Penske
data) as well as other summaries
presenting partially-itemized closure
costs and costs associated with
alternative wastewater disposal
strategies (e g, connection to a sanitary
sewer) Most of the well closure cost
data provided by the ATA were
aggregated in a manner that made it
difficult to determine costs for specific
well closure activities. Consequently,
EPA relied primarily on certain

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 68560      Federal Register/Vol. 64, No.  234/Tuesday. December 7,  1999/Rules and Regulations

 summary sheets included in the
 appendices.
   EPA compared these data to the costs
 used in the economic analysis for the
 proposed rule. Specific cost elements
 (e g, soil waste disposal fees) used in
 the 1998 economic analysis were
 compared to the corresponding cost
 elements found in cost data from the
 three sources. Average costs were used
 when various cost estimates were
 available. Some cost elements could not
 be compared to cost elements reported
 in other sources (ATA, Penske, EPA
 Region II) because the other sources
 presented only aggregated costs or they
 categorized costs in a different manner.
   As part of the comparison, EPA also
 considered the scope and context of the
 new data. For example, larger facilities
 that perform truck maintenance and
 truck washing may generate a larger
 amount of wastewater, with different
 wastewater constituents, than most
 smaller automobile service facilities;
 therefore, the facilities might have a
 larger or different type of Class V well.
 In addition, more extensive
 contamination might occur at such sites,
 requiring more extensive well closure
 activities which in turn led to higher
 well closure costs. Well closures and
 clean ups performed voluntarily by the
 facility owner (e.g., to obtain an optional
 no-liability verification letter from the
 State environmental authority) or as a
 result of a notice of violation or EPA
Administrative Order could be more
extensive than would be required by the
new Class V rule.
  EPA's cost comparison and analysis of
the new data indicated that EPA's
closure cost estimates in the proposal
were generally reasonable or even
overestimated the cost of some
activities. However, the comparison also
revealed that EPA had underestimated
the fees that contractors, consultants,
and/or engineers would charge for their
well closure services. Specifically,
EPA's prior estimates did not take into
account the fact that motor vehicle
facilities sometimes hire consultants
and/or engineers to lead the well
closure efforts. EPA therefore increased
the estimate for the average cost of
closing a motor vehicle waste disposal
well to account for hiring consultants
and engineers. However, because the
rule does not require a facility to hire a
consultant or engineer to close a well,
EPA estimates that only 10 percent of
the motor vehicle facilities will do so
The new estimates therefore reflect a
prorated average cost of hiring
consultants and/or engineers. EPA has
concluded that no other adjustments to
the unit costs used in the economic
analysis are necessary.
 B. National Cost of the Rule
   The Agency estimates the total annual
 cost of the rule ranges from $18.1
 million to S40.3 million. This estimate
 assumes that all large-capacity cesspools
 will be affected by the rule, but that
 only those motor vehicle wells located
 in ground water protection areas or
 sensitive ground water areas will be
 affected. This assumption is consistent
 with EPA's belief that all States will
 complete their assessments of ground
 water protection areas by January 2004
 and will delineate sensitive ground
 water areas by January 2004. In the
 event that a State fails to delineate
 ground water protection areas, or elects
 not to delineate sensitive ground water
 areas, then the provisions of the rule
 would apply to all motor vehicle wells
 in the State permanently. However, the
 Agency believes it unlikely that the rule
 will be applied to motor vehicles State-
 wide in any State because most State
 Drinking Water Assessment Programs
 will be approved by EPA by the end of
 the year and all States appear to be  on
 track to meet the milestones established
 in the new Class V requirements for
 ground water protection areas. Further,
 States can receive a one year extension
 if they are making reasonable progress
 in completing  assessments for ground
 water protection areas.
 C. Facility Impacts
   The final rule results in an estimated
 average annual cost per facility to
 owners/operators of motor vehicle waste
 disposal wells of between $4,450 and
 $11,000 depending on the waste streams
 generated by the facility. The estimated
 average annual cost per facility to
 owner/operators of large-capacity
 cesspools is $3,626. These per facility
 costs are amortized over 20 years at a
 discount rate of 7 percent.
  EPA estimates that companies in at
 least 18 SIC codes will be affected by
the final rule. EPA estimates the total
number of facilities affected by the rule
to be 5,300 for motor vehicle wells and
 2700 for large-capacity cesspools
Approximately 98 percent of the
affected facilities are  classified as small
businesses under the Small Business
Administration regulations See Section
VI.D for a discussion of impacts to small
businesses. For the final rule, EPA
estimates that 2,600 of the entities (or 50
 percent the total businesses affected)
will have to incur a cost of greater than
one percent of sales to comply with the
proposed rule. An estimated 945
businesses will incur costs greater than
three percent of sales under the final
rule. The cost per facility includes the
 full cost owners and operators would
 incur to implement BMPs such as
 recycling and waste reduction. A recent
 survey of motor vehicle related facilities
 indicated that a majority of facilities art
 already implementing some BMPs
 Therefore. EPA believes that the number
 of facilities affected at greater that three
 percent of sales might be overestimated
   The rule also affects about 380 small
 government entities. EPA did not
 estimate the total number of
 governments that are affected by the
 final rule. Governments are expected to
 incur a cost of less than one percent of
 their net revenue.

 VI. Effect  on States With Primacy

   According to regulations at 40 CFR
 145.32, Primacy States would have  270
 days from the effective date of the final
 rule to submit to EPA  documents
 demonstrating that proper legal
 authority and regulations exist to
 administer and enforce the new
 requirements for Class V cesspools and
 motor vehicle waste disposal wells
 Depending on the existing State
 program and authorities, these
 documents could include a modified
 program description that outlines the
 structure,  coverage, and processes of the
 State's Class V UIC program. Revisions
 to State UIC Programs  needed to
 incorporate the new requirements will
 be subject to public notice and comment
 requirements.
   Reasonable efforts by States to
 implement and enforce the new
 requirements as part of their ongoing
 programs should not be overly
 burdensome, because the new
 requirements are primarily directed
 toward well owners/operators, not UIC
 program authorities For example, the
 ban on new motor vehicle waste
 disposal wells is self-implementing by
 owners or  operators, with no new
 reporting,  inspection, or other
 administrative requirements for Primacy
 States. However, there may be an
 increased burden on States that choose
 to use the waiver option  for existing
 motor vehicle wells to  review the permit
application and appropriate conditions
 for each facility or facilities wishing to
keep its motor vehicle  waste disposal
 well open  Based on this review, States
 have to either deny the application or
develop and enforce permit
 requirements to make sure the well does
not endanger USDWs  Secondly.
Primacy States may delineate other
sensitive ground water areas or choose
to implement the rule statewide States
will submit a plan to the EPA with their
primacy program revision The plan will
outline how they intend to conduct the
delineations

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            Federal Register/Vol.  64, No. 234/Tuesday, December  7, 1999/Rules and Regulations     68561
VII. Administrative Requirements
A  Executive Order 12866
  Under Executive Order 12866, [58 FR
51.735 (October 4,1993)] the Agency
must determine whether the regulatory
action is "significant" and therefore
subject to OMB review and the
requirements of the Executive Order
The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President's priorities, or
the principles set forth in the Executive
Order.
  Pursuant to the terms of Executive
Order 12866, it has been  determined
that this rule is a "significant regulatory
action." As such, this action was
submitted to OMB for review. Changes
made in response to OMB suggestions or
recommendations are documented in
the public record.

B Children's Health Protection and
Executive Order 13045
  Executive Order 13045, entitled
"Protection of Children from
Environmental Health Risks and Safety
Risks" (62 FR 19885, April 23,1997)
applies to any rule that: (1) Is
determined to be "economically
significant" as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency
  This final rule is not subject to the
Executive Order because it is not
economically significant according to
the criteria for economic significance in
E.0.12866 Further, the Agency does
not have reason to believe the rule
concerns environmental health or safety
risks that may have a disproportionate
affect on children. The environmental
health and safety issues addressed by
this rule are the protection of public
drinking water sources used by all
sectors of the population.
C. Paperwork Reduction Act
  The Office of Management and Budget
(OMB) has approved the information
collection requirements contained in
this rule under the provisions of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) and has assigned OMB
control number 2040-0214.
  Several types of information will be
collected under the rule. Owners and
operators of large-capacity cesspools
(which are banned under today's rule)
will be required to submit a pre-closure
notification to the State or EPA
indicating their intention to close their
large-capacity cesspool. Similarly, some
owners and operators of Class V motor
vehicle waste disposal wells located
within a ground water protection areas
or State-delineated sensitive ground
water areas will close and must also
submit a pre-closure notification. The
pre-closure notifications will enable
EPA and States to ensure that wells are
closed properly.
  Other motor vehicle well owners and
operators that receive waivers will be
required to obtain a permit and to meet
the monitoring requirements as
specified in the permit. While EPA has
not specified the frequency of
monitoring, for the purposes of the ICR,
annual sludge monitoring and quarterly
injectate monitoring for the first three
years after the permit is received and
annual monitoring thereafter was
assumed in order to calculate
information collection costs. The permit
application and monitoring reports will
enable the States and EPA to evaluate
whether continued operation of the well
will pose an unacceptable threat to
ground water.
  At the State level, primacy States will
need to prepare revised primacy
applications to demonstrate their
readiness to implement the rule. Also,
States and EPA (for direct
implementation States), are likely to
delineate sensitive ground water areas
within their State including karst,
fractured bedrock, shallow
unconsolidated aquifers, and sole
source aquifers. This process will entail
preparing a plan outlining the proposed
methods for delineation that will be
submitted with the States primacy
program revision. The delineations will
enable States and EPA to determine
which motor vehicle waste disposal
wells are affected by today's final rule.
  EPA believes the information
discussed above is essential to
protecting each State's ground water
 drinking supplies. EPA uses information
 on all classes of injection wells.
 including Class V wells, to track the
 performance of the UIC Program toward
 meeting its goal of protecting USDWs
 from potential threats due to injected
 wastes. Responses to the request for
 information will be mandatory in
 accordance with provisions in 40 CFR
 144 83 (Underground Injection Control)
 Pre-closure notifications allow UIC
 Programs to track the success of the
 Program  in closing those wells that pose
 the greatest threat to USDWs. The
 Agency uses the information supplied
 in permit applications to track the
 location and numbers of Class V wells.
 Monitoring data provide information on
 the types of wastes injected and will be
 used to determine whether or not
 injection should be allowed to continue
 and under what conditions. State
 Drinking Water Source Assessment and
 Protection Programs may use
 information on permitted or closed
 Class V injection wells if they choose to
 update their contaminant source
 inventories
  Any Class V injection  well operator
 may request that information submitted
 be kept confidential, as provided in 40
 CFR 144.5 (Confidentiality of
 Information). All confidential
 information is treated in accordance
 with the provisions of 40 CFR part 2
 (Public Information). Respondents to the
 information collection requirements
 may claim confidentiality by stamping
 the words "confidential business
 information" on each page containing
 such information. However, the Agency
 will not consider the following
 information confidential:
  • The name and address of any
 facility with a Class V waste disposal
 well.
  • Information regarding the existence,
 absence, or level of contaminants in
 drinking  water.
  If no claim of confidentiality is made
 at the time of submission, EPA may
 make the information available to the
 public without further notice.
  EPA has estimated the burden
 associated with the specific record
keeping and reporting requirements
 (summarized above) of the rule in an
accompanying Information Collection
 Request (ICR). Burden means the total
 time, effort, or financial resources
expended by persons to generate,
 maintain, retain, or disclose or provide
 information to or for a Federal agency
This includes the time needed to review
 instructions, develop, acquire, install.
 and utilize technology and systems for
 the purposes of collecting, validating,
 and verifying information, processing
 and maintaining information, and

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 68562  .    Federal Register/Vol.  64. No. 234/Tuesday, December 7,  1999/Rules and  Regulations
 disclosing and providing information;
 adjust the existing ways to comply with
 any previously applicable instructions
 and requirements; train personnel to be
 able to respond to a collection of
 information; search data sources;
 complete and review the collection of
 information; and transmit or otherwise
 disclose the information.
   The ICR estimates the hourly burden
 and cost to owners and operators of
 affected Class V wells for complying
 with the requirements. EPA estimates
 that, over the three years covered by the
 information collection request, the
 number of owners and operators of
 Class V injection wells responding to
 the information collection request will
 be 1,463. The average annual hours per
 response for notification of well closure
 is 4 5 hours at a cost of $115 for large-
 capacity cesspools and 7 hours at a cost
 of $621 for motor vehicle waste disposal
 wells. The notification is a one time
 only requirement. There are no
 operation and maintenance costs
 associated with well closure. For
 owners and operators of motor vehicle
 waste  disposal wells who seek a waiver
 and obtain a permit, the average annual
 hours  per permit application is 58 hours
 at a cost of $1,358. The costs for
 quarterly injectate monitoring and
 annual sludge monitoring, and annual
 reporting is $2,057 per facility per year.
  Over the three years covered by the
 ICR, a  total of 1,192 Class V wells
 (including motor vehicle waste disposal
 wells and large-capacity cesspools) may
 be closed. In addition, 271 operators of
 motor  vehicle waste  disposal wells are
 expected to seek a waiver from the ban
 and apply for permits requiring them to
 monitor their injectate and sludge.
  The  total respondent burden
 associated  for the 3-year period is
 estimated to be 63,024 hours (an average
 of 21,008 hours per year), and the
 present value cost will be $2.680,674
 (an average of $954,075 per year). The
 average annual burden per owner/
 operator is 75.5 hours; the cost per
 response is $5,203. The average annual
 burden per State is 984 hours; their cost
 per response is $26,143.
  An Agency may not conduct or
sponsor, and a person is not required to
 respond to  a collection of information
 unless  it displays a currently valid OMB
control number. The  OMB control
 numbers for EPA's regulations are listed
 in 40 CFR part 9 and  48 CFR Chapter
 15  EPA is amending the table in Part 9
of currently approved ICR control
numbers issued by OMB for various
regulations to list the information
requirements contained in this final
rule
  D Regulatory Flexibility Act (UFA), as
  Amended by the Small Business
  Regulatory Enforcement Fairness Act of
  1996 (SBREFA), 5 U.S C. 601 et seq.
   The RFA generally requires an agency
  to prepare a regulatory flexibility
  analysis of any rule subject to notice
  and comment rulemaking requirements
  under the Administrative Procedure Act
  or any other statute unless the agency
  certifies that the rule will not have a
  significant economic impact on a
  substantial number of small entities.
  Small entities include small businesses,
  small organizations, and small
 governmental jurisdictions.
   For purposes of assessing the impacts
 of today's rule on small entities, a small
 entity is defined as: (1) A small business
 based on the definition of small
 business found in the Small Business
 Act (SBA); (2) a  small governmental
 jurisdiction that is a government of a
 city, county, town, school district or
 special district with a population of less
 than 50,000; and (3) a small
 organization that is any not-for-profit
 enterprise which is independently
 owned and operated and is not
 dominant in its field.
   In accordance with section 603 of the
 RFA, EPA prepared an initial  regulatory
 flexibility analysis (IRFA) for the
 proposed rule and convened a Small
 Business Advocacy Review Panel to
 obtain advice and recommendations of
 representatives of the regulated small
 entities in accordance with section
 609(b) of the RFA (see 63 FR 40586). A
 detailed discussion of the Panel's advice
 and recommendations is found in the
 Panel Report (W-98-05 A). A summary
 of the Panel's recommendations is
 presented at 63 FR 40590.
  As required by section 604 of the
 RFA, EPA also prepared a final
 regulatory flexibility analysis (FRFA) for
 today's final rule. The FRFA addresses
 the issues raised  by public comments on
 the IRFA, which  was part of the
 proposal  of this rule. The FRFA is
 available for review in the docket and is
 summarized below.
  The final rule adds new requirements
 for two categories of endangering Class
 V wells to ensure protection of
 underground sources of drinking water
 In particular, it affects the owners and
 operators of existing motor vehicle
 waste disposal wells in ground water
 protection areas and other sensitive
ground water areas and owners and
operators of new  motor vehicle waste
disposal wells and large-capacity
cesspools nationwide (both types of
Class V wells are discussed in the
FRFA). As discussed in Section V B,
EPA estimates that approximately 5,300
  motor vehicle wells and approximately
  2,700 cesspools would be subject to the
  final rule
   EPA's analysis to determine the
  impacts on small businesses uses the
  same methodology as the economic
  analysis for all businesses, as discussed
  in Section V, except the SBA size
  thresholds for small businesses were
  used to determine the number of small
  businesses affected. The SBA size
  thresholds were used in conjunction
  with 1992 census data to determine the
  percentage of small businesses in each
  of the 18 SIC categories believed to have
  affected wells. Approximately 4,800
  small businesses and 380 small
 governments are affected by the motor
 vehicle well provisions of the final  rule.
 EPA has limited data on the type of
 entities that use large-capacity cesspools
 and therefore has not estimated the
 number of small entities affected. EPA
 did not receive any public comment on
 the initial regulatory flexibility analysis.
   The rule bans existing motor vehicle
 waste disposal wells in ground water
 protection  areas and other sensitive
 ground water areas, but allows them to
 continue to operate if they seek a waiver
 from the ban and obtain a permit. The
 final rule also bans new motor vehicle
 waste disposal wells and new and
 existing large-capacity cesspools
 nationwide. EPA estimates that about 5C
 percent of the affected small entities
 may incur costs for closure or obtaining
 a permit that represent more than 1
 percent of their sales (or revenue for
 small governments). EPA estimates that
 about 18 percent of the affected small
 entities may incur costs that represent
 more than 3 percent of their sales (or
 revenue for small governments). Based
 on these estimates, EPA has determined
 that the final rule might have a
 significant economic impact on a
 substantial number of small entities.
  To reduce the impact of the final rule
 on small entities, EPA has attempted to
 keep permitting, reporting, and other
 administrative requirements to a
 minimum to provide regulatory relief to
 small entities while protecting drinking
 water supplies. In fact, the final rule
 incorporates many of the consensus
 recommendations offered by the Small
 Business Advocacy Review'panel that
 was convened by EPA to obtain advice
 and recommendations from
 representatives of affected small entities
 in accordance with Section 609(b) of the
Act In particular, the Panel
recommended that the rule offer
alternatives to the ban of Class V motor
vehicle waste disposal wells  Therefore.
the final rule allows owners/operators of
existing motor vehicle waste disposal
wells to seek a waiver from the ban and

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             Federal Register/Vol. 64. No.  234/Tuesday, December 7,  1999/Rules and Regulations     68563
obtain a permit EPA also adopted the
Panel recommendations that UIC
Program Directors be allowed to extend
the time to comply with the new
requirements from 90 days to up to a
year in certain situations. The final rule
allows owners and operators one year to
comply with the new requirements, and
allows the UIC Program Director to
extend the deadline for up to an
additional year if necessary to install
treatment or hook up to a sewer system.
  In the proposed rule, one option and
one alternative were proposed for
existing motor vehicle waste disposal
wells: a ban; and rule authorization with
additional requirements. The ban was
not selected because, while it  would
offer the greatest protection to USDWs,
the Agency recognized that there are
some facilities that might be able to
meet MCLs at the point of injection and
could therefore seek a waiver  from the
ban and obtain a permit that allows
them to continue using their well
without endangering USDWs. The
Agency did not choose the rule
authorization option because it would
not insure adequate protection of
USDWs.
  Other changes made in response to
Panel recommendations include the
following: The preamble clarifies that
Class V wells at motor vehicle service
facilities may not be subject to the rule
if motor vehicle waste fluids are
prevented from entering the well; the
supporting economic analysis has been
revised to acknowledge and account for
the cleanup requirements that may be
triggered by the rule to close certain
Class V wells and to account for the
likely overlap between areas where
Class V wells are located and source
water protection areas; owners and
operators of existing motor vehicle
waste disposal well can take steps to
convert their well to another Class V
well type: and the regulatory language
has been expanded to identify ways in
which well owners or operators can
learn whether they are in a source water
protection area.
  EPA  is requiring owner/operators of
large-capacity cesspools and facilities
with motor vehicle waste disposal wells
that will close their well as a result of
the rule to submit a single notification
of their intent to close their wells The
collection of the pre-closure notification
is necessary to track high-priority
closures. Some motor vehicle waste
disposal wells may choose to remain in
operation based on a one-time waiver
application from the ban to obtain a
permit The ICR assumes that States
may require as a permit condition the
collection of quarterly injectate
monitoring and annual sludge
 monitoring data during the first three
 years, in order to provide information
 for owners and operators and the State
 on the injection of potentially
 threatening wastes. Individual States
 will determine whether less frequent
 collection may be appropriate for wells
 in their States. The majority of the
 information collection, reporting and
 recordkeeping required by this rule can
 be done by technical and clerical staff
   As required by section 212 of
 SBREFA, EPA also is preparing a small
 entity compliance guide to help small
 entities comply with this rule. Small
 entities can obtain a copy of the
 compliance guide by contacting the Safe
 Drinking Water Hotline at (800) 426-
 4791, their State or EPA Regional UIC
 Director or the EPA website (http://
 www.epa.gov/ogwdw/). The small
 entity compliance guide will be
 available in April 2000.

 E. Executive Order 13132. Federalism
   Executive Order 13132, entitled
 "Federalism" (64 FR 43255, August 10,
 1999), requires EPA to develop an
 accountable process to ensure
 "meaningful and timely input by State
 and local officials in the development of
 regulatory policies that have federalism
 implications." "Policies that have
 federalism implications" is defined in
 the Executive Order to include
 regulations that have "substantial direct
 effects on the States, on the relationship
 between the national government and
 the States, or on the distribution of
 power and responsibilities among the
 various levels of government." Under
 Executive Order 13132, EPA may not
 issue  a regulation that has federalism
 implications, that imposes substantial
 direct compliance costs, and that is not
 required by statute, unless the Federal
 government provides the funds
 necessary to pay the direct compliance
 costs incurred by State and local
governments, or EPA consults with
 State and local officials early in the
 process of developing the proposed
 regulation. EPA also may not issue a
regulation that has federalism
 implications and that preempts State
 law unless the Agency consults with
State and local officials early in the
process of developing the proposed
regulation.
  If EPA complies by consulting,
Executive Order 13132 requires EPA to
provide to the Office of Management
and Budget (OMB), in a separately
identified section of the preamble to the
rule, a federalism summary impact
statement (FSIS)  The FSIS must include
a description of the extent of EPA's
prior consultation with State and local
officials, a summary of the nature of
 their concerns and the agency's position
 supporting the need to issue the
 regulation, and a statement of the extent
 to which the concerns of State and local
 officials have been met. Also, effective
 November 2,1999, when EPA transmits
 a draft final rule with  federalism
 implications to OMB for review
 pursuant to Executive Order 12866, EPA
 must include a certification from the
 agency's Federalism Official stating that
 EPA has met the requirements of
 Executive Order 13132 in a meaningful
 and timely manner.
   This final rule will not have
 substantial direct effects on the States,
 on the relationship between the national
 government and the States, or on the
 distribution of power and
 responsibilities among the various
 levels of government, as specified in
 Executive Order 13132 Thus, the
 requirements of section 6 of the
 Executive Order do not apply to this
 rule. This rule establishes requirements
 for owners and operators of certain
 Class V UIC wells. There will also be
 some costs to the implementing agency
 to administer this rule, however, EPA
 does not believe the incremental cost to
 administer the new requirements in the
 rule will be substantial. States and local
 governments may own or operate a well
 subject to this rule. However, the
 number of wells owned by States and
 local governments are  limited and
 therefore there will not be substantial
 direct effects.
  Although section 6 of Executive Order
 13132 does not apply to this rule, EPA
 did consult with State and  local officials
 throughout the development of this rule.
 EPA consulted with States  during
 numerous Ground Water Protection
 Council meetings, stakeholder meetings
 held prior to rule proposal  (63 FR
 40590), and the National Drinking Water
 Advisory Council UIC/ Source Water
 working group meetings. States
 primarily were concerned with a
 provision in the proposed rule stated
 the requirements would applied
 statewide if States failed to complete
 their Drinking Water Source Assessment
 and Protection Programs The final rule
allows States to apply to EPA for up to
a one  year extension for to complete
their assessments (and sensitive ground
water area delineations) if they have
 made  reasonable progress State
comments on the proposed rule are
addressed in the response to comment
document

F Executive Order 13084 Consultation
and Coordination With Indian Tribal
 Governments
  Under Executive Order 13084, EPA
may not issue a regulation that is not

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 68564     Federal Register/Vol. 64. No. 234/Tuesday. December 7, 1999/Rules and Regulations

 required by statute, that significantly or
 uniquely affects the communities of
 Indian tribal governments, and that
 imposes substantial direct compliance
 costs on those communities, unless the
 Federal government provides the funds
 necessary to pay the direct compliance
 costs incurred by the  tribal
 governments, or EPA  consults with
 those governments. If EPA complies by
 consulting, Executive Order 13084
 requires EPA to provide to the Office of
 Management and Budget, in a separately
 identified section of the preamble to the
 rule, a description of the extent of EPA's
 prior consultation with representatives
 of affected tribal governments, a
 summary of the nature of their concerns,
 and a statement supporting the need to
 issue the regulation. In addition,
 Executive Order 13084 requires EPA to
 develop an effective process permitting
 elected officials and other
 representatives of Indian tribal
 governments "to provide meaningful
 and timely input in the development of
 regulatory policies on matters that
 significantly or uniquely affect their
 communities."
  Today's rule does not significantly or
 uniquely affect the communities of
 Indian tribal governments because there
 are ten documented wells on tribal
 lands, and the majority of those are
 owned by private businesses not by
 Tribal governments. Accordingly, the
 requirements of section 3(b) of
 Executive Order 13084 do not apply to
 this rule. However, EPA did conduct
 outreach to Indian tribal governments
 during the comment period for the
 proposed rule. EPA Regions distributed
 information to tribal representatives
 through; presentations at water
 association meetings; distributing the
 proposed rule to Indian health services;
 direct mailings and notifying national
 tribal organizations.

 G. Unfunded Mandates
  Title II of the Unfunded Mandates
 Reform Act of 1995 (UMRA), Public
 Law 104—4, establishes requirements for
 Federal agencies to assess the effects of
 their regulatory actions on State, local,
and tribal governments and the private
sector  Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed  and final rules
 with "Federal mandates" that may
 result in expenditures  to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
 promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
 identify and consider a reasonable
 number of regulatory alternatives and
 adopt the least costly, most cost-
 effective or least burdensome alternative
 that achieves the objectives of the rule.
 The provisions of section 205 do not
 apply when they are inconsistent with
 applicable law. Moreover, section 205
 allows EPA to adopt an alternative other
 than the least costly, most cost-effective
 or least burdensome alternative if the
 Administrator publishes with the final
 rule an explanation why that alternative
 was not adopted. Before EPA establishes
 any regulatory requirements that may
 significantly or uniquely affect small
 governments, including tribal
 governments, it must have developed
 under section 203 of the UMRA a small
 government agency plan. The plan must
 provide for notifying potentially
 affected small governments, enabling
 officials of affected small governments
 to have meaningful and timely input in
 the development of EPA regulatory
 proposals with significant Federal
 intergovernmental mandates, and
 informing, educating, and advising
 small governments on compliance with
 the regulatory requirements. EPA
 consulted with State and local
 governments, as described in section
 VI.E. and tribes as discussed in section
 VI.F.
  EPA has determined that this rule
 does not contain a Federal mandate that
 may result in expenditures of $100
 million or more for State, local, and
 tribal governments, in the aggregate, or
 the private sector in any one year.
 Specifically, the annualized costs of this
 rule to the regulated community are
 estimated to range from $18.1 million to
 $40.3 million. The annualized cost
 estimates for State governments are
 $254,000. Thus, today's rule is not
 subject to the requirements of section
 202 and 205 of the UMRA.
  EPA has determined that this rule
 contains no regulatory requirements that
 might significantly or uniquely affect
 small local governments. Because EPA
 estimates that any small local
government entities affected by this
 final rule will incur a cost of less than
one percent of their net revenue, EPA
has determined that this rule contains
no regulatory requirements that might
significantly or uniquely affect small
local governments.

H National Technology Transfer and
Advancement Act
  As noted in the proposed rule, section
 12(d) of the National Technology
Transfer and Advancement Act of 1995
("NTTAA"), Pubic Law No. 104-113
section 12(d) (15 U.S C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
 unless to do so would be inconsistent
 with applicable law or otherwise
 impractical. Voluntary consensus
 standards are technical standards (e g.,
 materials specifications, test methods,
 sampling procedures, and business
 practices) that are developed or adopted
 by voluntary consensus standards
 bodies. The NTTAA directs EPA to
 provide Congress, through OMB,
 explanations when the Agency decides
 not to use available and applicable
 voluntary consensus standards.
   As explained in the proposal, this rule
 does not involve technical standards.
 Therefore, EPA did not consider the use
 of any voluntary consensus standards,
 and no commentor suggested otherwise
 or suggested any application.

 /. Environmental Justice

   Pursuant to Executive Order 12898
 (59 FR 7629, February 16,1994), the
 Agency has considered environmental
 justice related issues with regard to the
 potential impacts of this action on the
 environmental and health conditions in
 low-income and minority communities
 The Agency believes that today's rule
 provides equal public health protection
 to communities irrespective of their
 socio-economic condition and
 demographic make-up.

 / Congressional Review Act

   The Congressional Review Act, 5
 U.S.C. 801 et seq., as added by the Small
 Business Regulatory Enforcement
 Fairness Act of 1996, generally provides
 that before a rule may take effect, the
 agency promulgating the rule must
 submit a rule report, which includes a
 copy of the rule, to each House of the
 Congress and to the Comptroller General
 of the United States. EPA will submit a
 report containing this rule and other
 required information to the U.S. Senate,
 the U.S. House of Representatives, and
 the Comptroller General of the United
 States prior to publication of the rule in
 the Federal Register A major rule
 cannot take effect until 60 days after it
 is published  in the Federal Register
This action is not a "major rule" as
defined by 5  U S C. 804(2) This rule
will be effective April 5, 2000

List of Subjects

 40 CFR Part 9

  Environmental protection. Reporting
and recordkeeping requirements
40 CFR Part 144

  Administrative practice and
procedure, Hazardous waste, Indians-
lands, Water supply.

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            Federal Register/Vol. 64, No. 234/Tuesday, December 7,  1999/Rules and Regulations     68565
40 CFR Part 145
  Confidential buisness information,
Indians-lands, Intergovernmental
relations, Penalties, Reporting and
recordkeeping requirements. Water
supply

40 CFR Part 146
  Hazardous waste, Indians-lands,
Reporting and recordkeeping
requirements, Water supply.
  Dated November 23,1999
Carol M. Browner,
Administrator
  For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:

PART 9—AMENDED

  1. The authority citation for part 9
continues to read as follows:
  Authority: 7 U.S.C. 135 et seq , 136-136y,
15 U S C. 2001, 2003, 2005, 2006, 2601-2671,
21 U S C 331), 346a, 348: 31 U S C 9701. 33
USC 1251 et seq.. 1311.1313d. 1314.1318,
1321.1326,1330.1342.1344,1345 (d) and
(e), 1361, E O 11735. 38 FR 21243, 3 CFR.
1971-1975 Comp p 973. 42U.SC 241.
242b, 243. 246, 300f, 300g, 300g-l, 300g-2,
300g-3. 300g-4, 300g-5, 300g-6, 300J-1,
300)-2, 300r-3, 300)-4. 300j-9,1857 et seq..
6901-6992k, 7401-7671q, 7542, 9601-9657,
11023,11048
  2. In § 9 1 the table is amended under
the  indicated heading by adding new
entries in numerical order to read as
follows:

§ 9.1 OMB approvals under the Paperwork
Reduction Act.
      40 CFR citation
   Underground Injection
      Control Program
14479-14489	
14523
PART 144—UNDERGROUND
INJECTION CONTROL PROGRAM

  3. The authority citation for part 144
continues to read as follows:
  Authority- Safe Drinking Water Act, 42
USC 300f et seq . Resource Conservation
and Recovery Act. 42 U S C. 6901 et seq.
  4 Section 144.1 is amended by
adding a new paragraph (f)(l)(vn),
           revising paragraphs (g)(l) introductory
           text, (g)(D(iii), and (g)(2)(v) to read as
           follows:

           § 1 44.1  Purpose and scope of part 1 44.
           *****
             (f). * ,
             (!)«*•
             (vii) Subpart G of this part sets forth
           requirements for owners and operators
           of Class V injection wells.
             (1) Specific inclusions. The following
           wells are included among those types of
           injection activities which are covered by
           the UIC regulations. (This list is not
           intended to be exclusive but is for
           clarification only.)
           *****
             (iii) Any well used by generators of
           hazardous waste, or by owners or
           operators of hazardous waste
           management facilities, to dispose of
           fluids containing hazardous waste This
           includes the disposal of hazardous
           waste into what would otherwise be
           septic systems and cesspools, regardless
           of their capacity.
             (2)* *  *
             (v) Any dug hole,  drilled hole, or
           bored shaft which is not used for the
           subsurface emplacement of fluids.
           *****
             5. Section 144.3 is amended by
           adding new definitions in alphabetical
           order for "Cesspool," "Drywell,"
           "Improved sinkhole," "Point of
           injection, " "Sanitary waste," "Septic
           system," and "Subsurface fluid
           distribution system," and by revising
           the definitions of "Well" and "Well
           injection" to read as follows:

           §144.3  Definitions.
           *****
             Cesspool means a  "drywell"  that
           receives untreated sanitary waste
           containing human excreta, and which
           sometimes has an open bottom and/or
           perforated sides.
2040-0214    Drywell means a well, other than an
           improved sinkhole or subsurface fluid
           distribution system, completed above
2040-0214  the water table so that its bottom and
           sides are typically dry except when
           receiving fluids.
  OMB
control No
             Improved sinkhole means a naturally
           occurring karst depression or other
           natural crevice found in volcanic terrain
           and other geologic settings which have
           been modified by man for the purpose
           of directing and emplacing fluids into
           the subsurface.
           *****
             Point of injection means the last
           accessible sampling point prior to waste
fluids being released into the subsurface
environment through a Class V injection
well For example, the point of injection
of a Class V septic system might be the
distribution box—the last accessible
sampling point before the waste fluids
drain into the underlying soils For a
dry well, it is likely to be the well bore
itself
*****
  Sanitary waste means liquid or solid
wastes originating solely from humans
and human activities, such as wastes
collected from toilets, showers, wash
basins, sinks used for cleaning domestic
areas, sinks used for food preparation,
clothes washing operations, and sinks or
washing machines where food and
beverage serving dishes, glasses, and
utensils are cleaned. Sources of these
wastes may include single or multiple
residences, hotels and motels,
restaurants, bunkhouses, schools, ranger
stations, crew quarters, guard stations,
campgrounds, picnic grounds, day-use
recreation areas, other commercial
facilities, and industrial facilities
provided the waste is not mixed with
industrial waste.
*****
  Septic system means a "well" that is
used to emplace sanitary waste below
the surface  and is typically comprised of
a septic tank and subsurface fluid
distribution system or disposal system.
*****
  Subsurface fluid distribution system
means an assemblage of perforated
pipes, drain tiles, or other similar
mechanisms intended to distribute
fluids below the surface of the ground.
*****
  Well means  A bored, drilled, or
driven shaft whose depth is greater than
the largest surface dimension, or, a dug
hole whose depth is greater than the
largest surface dimension, or, an
improved sinkhole; or, a subsurface
fluid distribution system
  Well injection means the subsurface
emplacement of fluids through a well.
  6 Section 144 6 is amended by
adding a new paragraph (a)(3) and
revising paragraph (e) to read as follows

§ 144.6  Classification of wells.
  (a)*  •  *
  (3) Radioactive waste disposal wells
which inject fluids below the lowermost
formation containing an underground
source of drinking water within one
quarter mile of the well bore.
*****
  (e) Class V  Injection wells not
included in Class I, II, III. or IV Specific
types of Class V injection wells are
described in § 144 81

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 68566     Federal Register/Vol.  64,  No. 234/Tuesday,  December 7, 1999/Rules and  Regulations
   7 Section 144.23 is amended by
 adding a new paragraph (c) to read as
 follows:

 §144.23  Class IV Wells
 *****
   (c) Notwithstanding the requirements
 of paragraphs (a) and (b) of this section,
 injection wells used to inject
 contaminated ground water that has
 been treated and is being injected into
 the same formation from which it was
 drawn are authorized by rule for the life
 of the well if such subsurface
 emplacement of fluids is approved by
 EPA, or a State, pursuant to provisions
 for cleanup of releases under the
 Comprehensive Environmental
 Response, Compensation, and Liability
 Act of 1980 (CERCLA), 42 U.S.C. 9601-
 9675, or pursuant to requirements and
 provisions under the Resource
 Conservation and Recovery Act (RCRA),
 42 U.S.C. 6901-6992k.
   8. Section 144.24 is amended by
 revising paragraph (a] to read as follows-

 §144.24  Class V wells.
   (a) A Class V injection well is
 authorized by rule, subject to the
 conditions in § 144.84
 *****
   9.  Section 144.26 is amended by
 revising paragraph (b)(l)(iii)(B) and
 removing paragraph (e).

 § 1 44.26  Inventory Requirements.
 *****
   (b)* *  ,
   (1), .  *
   (iii) *  *  •
   (B) Radioactive waste disposal wells
 that are not Class I wells (40 CFR 146.5
  10. Subpart G is added to read as
follows:

Subpart G — Requirements for Owners
and Operators of Class V Injection
Wells
Sec
144 79
General
Definition of Class V Injection Wells
144 80  What is a Class V injection well7
144 81  Does this subpart apply to me7

Requirements for All Class V Injection Wells
144 82  What must I do to protect
   underground sources of drinking water7
144 83  Do I need to notify anyone about my
   Class V injection well?
144 84  Do I need to get a permit7

Additional Requirements for Class V Large-
Capacity Cesspools and Motor Vehicle Waste
Disposal Wells
144 85  Do these additional requirements
   apply to me7
 144 86  What are the definitions I need to
     know?
 144.87  How does the identification of
     ground water protection areas and other
     sensitive areas affect me7
 144 88  What are the additional
     requirements7
 144 89  How do I close my Class V injection
     well7

 Subpart G—Requirements for Owners
 and Operators of Class V Injection
 Wells

 §144.79  General.
   This subpart tells you what
 requirements apply if you own or
 operate a Class V injection well  You
 may also be required to follow
 additional requirements listed in the
 rest of this part. Where they may apply,
 these other requirements are referenced
 rather than repeated. The requirements
 described in this subpart and elsewhere
 in this part are to protect underground
 sources of drinking water and are part
 of the Underground Injection Control
 (UIC) Program established under the
 Safe Drinking Water Act. This subpart is
 written in a special format to make it
 easier to understand the regulatory
 requirements. Like other EPA
 regulations, it establishes enforceable
 legal requirements.
 Definition of Class V Injection Wells

 § 144.80  What is a Class V injection well?
   As described in § 144.6, injection
 wells are classified as follows.
   (a)C/ass/ (1) Wells used by
 generators of hazardous waste or owners
 or operators of hazardous waste
 management facilities to inject
 hazardous waste beneath the lowermost
 formation containing, within one-
 quarter mile of the well bore, an
 underground source of drinking water.
  (2) Other industrial and municipal
 disposal wells which inject fluids
 beneath the lowermost formation
 containing, within one quarter mile of
 the well bore, an underground source of
 drinking water;
  (3) Radioactive waste disposal wells
 which inject fluids below the lowermost
 formation containing an underground
 source of drinking water within one
quarter mile of the  well bore.
  (b) Class II. Wells which inject fluids-
  (1) Which are brought to the surface
 in connection with natural gas storage
operations, or conventional oil or
 natural gas production and may be
commingled with waste  waters from gas
 plants which are an integral part of
 production operations, unless those
waters are classified as a hazardous
waste at the time of injection.
  (2) For enhanced recovery of oil or
natural gas, and
   (3) For storage of hydrocarbons which
 are liquid at standard temperature and
 pressure.
   (c) Class HI. Wells which inject fluid.'
 for extraction of minerals including:
   (1) Mining of sulfur by the Frasch
 process;
   (2) In situ  production of uranium or
 other metals; this category includes only
 in situ production from ore bodies
 which have not been conventionally
 mined. Solution mining of conventional
 mines such as stopes leaching is
 included in Class V
   (3) Solution mining of salts or potash.
   (d) Class IV (l) Wells used by
 generators of hazardous waste or of
 radioactive waste, by owners and
 operators of hazardous waste
 management facilities, or by owners or
 operators of radioactive waste disposal
 sites to dispose of hazardous waste or
 radioactive waste into a formation
 which within one quarter (Vi) mile of
 the well contains an underground
 source of drinking water.
   (2) Wells used by generators of
 hazardous waste or of radioactive waste,
 by owners and operators of hazardous
 waste management facilities, or by
 owners or operators of radioactive waste
 disposal sites to dispose of hazardous
 waste or radioactive waste above a
 formation which within one quarter (V4)
 mile of the well contains an
 underground source of drinking water
   (3) Wells used by generators of
 hazardous waste or owners or operators
 of hazardous waste management
 facilities to dispose of hazardous waste,
 which cannot be classified under
 paragraph (a)(l) or (d)(l) and (2) of this
 section (e.g., wells used to dispose of
 hazardous waste into or above a
 formation which contains an aquifer
 which has been exempted pursuant to
 40 CFR 146.04).
  (e) Class V. Injection wells not
 included in Class I, II, III or IV
 Typically, Class V wells are shallow
 wells used to place a variety of fluids
 directly below the land surface
 However, if the fluids you place in the
 ground qualify as a hazardous waste
 under the  Resource Conservation and
 Recovery Act (RCRA), your well is
 either a Class I or Class  IV well, not a
 Class V well.  Examples of Class V wells
are described in § 144.81.

§ 144.81  Does this subpart apply to me?
  This subpart applies to you if you
own or operate a Class V well, for
example
  (1) Air conditioning return flow wells
used to return to the supply aquifer the
water used for heating or cooling in a
heat pump,

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             Federal Register/Vol. 64, No. 234/Tuesday, December  7, 1999/Rules and Regulations      68567
   (2) Large capacity cesspools including
 multiple dwelling, community or
 regional cesspools, or other devices that
 receive sanitary wastes, containing
 human excreta, which have an open
 bottom and sometimes perforated sides.
 The UIC requirements do not apply to
 single  family residential cesspools nor
 to non-residential cesspools which
 receive solely sanitary waste and have
 the capacity to serve fewer than 20
 persons a day.
   (3) Cooling water return flow wells
 used to inject water previously used for
 cooling;
   (4) Drainage wells used to drain
 surface fluids, primarily storm runoff,
 into a subsurface formation,
   (5) Dry wells used for the injection of
 wastes into a subsurface formation;
   (6) Recharge wells used to replenish
 the water in an aquifer;
   (7) Salt water intrusion barrier wells
 used to inject water into a fresh aquifer
 to prevent the intrusion of salt water
 into the fresh water;
   (8) Sand backfill and other backfill
 wells used to inject a mixture of water
 and sand, mill tailings or other solids
 into mined out portions of subsurface
 mines whether what is injected is a
 radioactive waste or not.
   (9) Septic system wells used to inject
 the waste or effluent from a multiple
 dwelling, business establishment,
 community or regional business
 establishment septic tank. The UIC
 requirements do not apply to single
 family  residential septic system wells,
 nor to non-residential  septic system
 wells which are used solely for the
 disposal of sanitary waste and have the
capacity to serve fewer than 20 persons
a day
  (10) Subsidence control wells (not
used for the purpose of oil or natural gas
production) used to inject fluids into a
non-oil or gas producing zone to reduce
or eliminate subsidence associated with
the overdraft of fresh water;
  (11) Injection wells associated with
the recovery of geothermal energy for
heating, aquaculture and production of
electric power,
  (12) Wells used for solution mining of
conventional mines such as slopes
leaching;
  (13) Wells used to inject spent brine
into the same formation from which it
was withdrawn after extraction of
halogens or their salts,
  (14) Injection wells used in
experimental technologies.
   (15) Injection wells used for in situ
 recovery of lignite, coal, tar sands, and
 oil shale.
   (16) Motor vehicle waste disposal
 wells that receive or have received
 fluids from vehicular repair or
 maintenance activities, such as an auto
 body repair shop, automotive repair
 shop, new and used car dealership,
 specialty repair shop (e.g., transmission
 and muffler repair shop), or any facility
 that does any vehicular repair work.
 Fluids disposed in these wells may
 contain organic and inorganic chemicals
 in concentrations that exceed the
 maximum contaminant levels (MCLs)
 established by the primary drinking
 water regulations (see 40 CFR part 142).
 These fluids also may include waste
 petroleum products and may contain
 contaminants, such as heavy metals and
 volatile organic compounds, which pose
 risks to human health.

 Requirements for All Class V Injection
 Wells

 § 144.82  What must I do to protect
 underground sources of drinking water?
  If you own  or operate any type of
 Class V well,  the regulations below
 require that you cannot allow movement
 of fluid into USDWs that might cause
 endangerment, you must comply with
 other Federal UIC requirements in 40
 CFR parts 144 through 147, and you
 must comply  with any other measures
 required by your State or EPA Regional
 Office UIC Program to protect USDWs,
 and you must properly close your well
 when you are through using it. You also
 must submit basic information about
 your well, as described in § 144.83.
  (a) Prohibition of fluid movement. (1)
 As described in § 144.12(a), your
 injection activity cannot allow the
 movement of  fluid containing any
 contaminant into USDWs, if the
 presence of that contaminant may cause
 a violation of the primary drinking
 water standards under 40 CFR part 141,
 other health based standards, or may
 otherwise adversely affect the health of
 persons. This  prohibition applies to
your well construction, operation,
 maintenance,  conversion,  plugging,
closure, or any other injection activity
  (2) If the Director of the UIC Program
in your State or EPA Region learns that
your injection activity may endanger
USDWs, he or she may require you to
close your well, require you to get a
permit, or require other actions listed in
§ 144 12(c), (d), or (e)
   (b) Closure requirements You must
 close the well in a manner that complies
 with the above prohibition of fluid
 movement. Also, you must dispose or
 otherwise manage any soil, gravel,
 sludge, liquids, or other matenals
 removed from or adjacent to your well
 in accordance with all applicable
 Federal, State, and local regulations and
 requirements.
   (c) Other requirements in Parts  144
 through 147. Beyond this subpart, you
 are subject to other UIC Program
 requirements in 40 CFR parts 144
 through 147. While most of the relevant
 requirements are repeated or referenced
 in this subpart for convenience, you
 need to read these other parts to
 understand the entire UIC Program.
   (d) Other State or EPA requirements
 40 CFR parts 144 through 147 define
 minimum Federal UIC requirements.
 EPA Regional Offices administering the
 UIC Program have the flexibility to
 establish additional or more stringent
 requirements based on the authorities in
 parts 144 through 147, if believed to be
 necessary to protect USDWs. States can
 have their own authorities to establish
 additional or more stringent
 requirements if needed to protect
 USDWs You must comply with these
 additional requirements, if any exist in
 your area. Contact the UIC Program
 Director in  your State or EPA Region to
 learn more.

 §144.83  Do I need to notify anyone about
 my Class V injection well?

   Yes, you need to provide basic
 "inventory  information" about your
 well to the UIC Director, if you haven't
 already You also need to provide any
 additional information that your UIC
 Program Director requests in accordance
 with the provisions of the UIC
 regulations.
   (a) Inventory requirements Unless
 you know you have already satisfied the
 inventory requirements in § 144 26 that
 were in effect prior to the issuance of
this Subpart G, you must give your UIC
Program Director certain information
about yourself and your injection
operation
  Note: This  information is requested on
national form "Inventory of Injection Wells,"
OMB No 2040-0042

  (1) The requirements differ depending
on your well status and location, as
described in the following table

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 68568      Federal Register/Vol. 64, No. 234/Tuesday, December 7,  1999/Rules and Regulations
If your well is ...
(i) New (pnor to construction of your well) 	
(u) Existing (construction underway or com-
pleted)
And you're in one of these locations ("Pn-
macy" States, where the State runs the Class
V UIC Program): Alabama. Arkansas. Com-
monwealth of Northern Manana Islands, Con-
necticut, Delaware. Florida, Georgia, Guam,
Idaho, Illinois. Kansas. Louisiana, Maine,
Maryland, Massachusetts, Mississippi, Mis-
souri, Nebraska, Nevada, New Hampshire,
New Jersey, New Mexico, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon,
Puerto Rico, Rhode Island, South Carolina.
Texas, Utah, Vermont, Washington, West Vir-
ginia, Wisconsin, or Wyoming
then you must contact your State UIC
Program to determine what you must sub-
mit and by when..
then you must contact your State UIC
Program to determine what you must sub-
mit and by when..
Or you're in one of these locations ("Direct
Implementation" or Dl Programs, where EPA
runs the Class V UIC Program): Alaska.
American Samoa, Arizona. California. Colo-
rado, Hawaii, Indiana. Iowa, Kentucky. Michi-
gan, Minnesota, Montana. New York, Penn-
sylvania, South Dakota. Tennessee. Virginia.
Virgin Islands, Washington, DC. or any Indian
Country
. . . then you must submit the inventory infor-
mation described in (a)(2) of this section
pnor to constructing your well
. then you must cease injection and submit
the inventory information You may resume
injection 90 days after you submit the infor-
mation unless the UIC Program Director no-
tifies you that injection may not resume or
may resume sooner
  (2) If your well is in a Primacy State
or a DI Program State, here is the
information you must submit:
  (i) No matter what type of Class V
well you own or operate, you must
submit at least the following
information for each Class V well:
facility name and location; name and
address of legal contact; ownership of
facility; nature and type of injection
well(s); and operating status of injection
well(s).
  (ii) Additional information. If you are
in a Direct Implementation State and
you own or operate a well listed below
you must also provide the information
listed in paragraph (a) (2) (iii) as
follows:
  (A) Sand or other backfill wells (40
CFR 144.81(8) and 146 5(e)(8) of this
chapter),
  (B) Geothermal energy recovery wells
(40  CFR 144.81(11) and 146.5 (e)(12) of
this chapter);
  (C) Brine return flow wells (40 CFR
144.81(13) and  146.5 (e)(14) of this
chapter);
  (D) Wells us^d in experimental
technology (40 CFR 144.81(14) and
146.5 (e)(15) of this chapter);
  (E) Municipal and industrial disposal
wells other than Class I; and
  (F) Any other Class V wells at the
discretion of the Regional
Administrator.
  (iii) You must provide a list of all
wells owned or operated along with  the
following information for each well. (A
single description of wells at a single
facility with substantially the same
characteristics is acceptable).
  (A) Location of each well or project
given by Township, Range, Section,  and
Quarter-Section, or by latitude and
longitude to the nearest second,
according to the conventional practice
in your State;
  (B) Date of completion of each well,
  (C) Identification and depth of the
underground formation(s) into which
each well is injecting;
  (D) Total depth of each well;
  (E) Construction narrative and
schematic (both plan view and cross-
sectional drawings);
  (F) Nature of the injected fluids;
  (G) Average and maximum injection
pressure at die wellhead;
  (H) Average and maximum injection
rate; and
  (I) Date of the last inspection.
  (3) Regardless of whether your well is
in a Primacy State or DI Program you are
responsible for knowing about,
understanding, and complying with
these inventory requirements.
  (b) Information  in response to
requests If you are in one of the DI
Programs listed in the table above, the
UIC Program Director may require you
to submit other information believed
necessary to protect underground
sources of drinking water.
  (1) Such information  requirements
may include, but are not limited to:
  (i) Perform ground water monitoring
and periodically submit your
monitoring results;
  (ii) Analyze the  fluids you inject and
periodically submit the results of your
analyses;
  (iii) Describe the geologic layers
through which and into which you are
injecting, and
  (iv) Conduct other analyses and
submit other information, if needed to
protect underground sources of drinking
water.
  (2) If the Director requires this other
information, he or she will request it
from you in writing, along with a brief
 statement on why the information is
 required. This written notification also
 will tell you when to submit the
 information.
   (3) You are prohibited from using
 your injection well if you fail to comply
 with the written request within the time
 frame specified. You can start injecting
 again only if you receive a permit.

 § 144.84  Do I need to get a permit?
   No, unless you fall within an
 exception described below
   (a) General authorization  by rule
 With certain exceptions listed in
 paragraph (b) of this section, your Class
 V injection activity is "authorized by
 rule," meaning you have to comply with
 all the requirements of this subpart and
 the rest of the UIC Program but you
 don't have to get an individual permit
 Well authorization expires once you
 have properly closed your well, as
 described in § 144.82(b).
   (b) Circumstances in Which Permits
 or other Actions are Required  If you ht
 into one of the categories listed below,
 your Class V well is no longer
 authorized by rule. This means that you
 have to either get a permit or close your
 injection well. You can find out by
 contacting the UIC Program  Director in
 your State or EPA Region if this is the
case. Subpart D of this Part tells you
 how to apply for a permit and  describes
 other aspects of the permitting process
 Subpart E of this Part outlines some of
the requirements that apply  to you if
you get a permit.
   (1) You fail to comply with the
 prohibition of fluid movement standard
 in § 144 12(a) and described in
 § 144 82(a) (in which case, you have to
get a permit, close your well, and/or
comply with other conditions

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            Federal Register/Vol. 64, No. 234/Tuesday, December  7, 1999/Rules and Regulations      68569
determined by the UIC Program Director
in your State or EPA Region);
  (2) You own or operate a Class V
large-capacity cesspool (in which case,
you must close your well as specified in
the additional requirements below) or a
Class V motor vehicle waste disposal
well in a ground water protection area
or sensitive ground water area (in which
case, you must either close your well or
get a permit as specified in the
additional requirements in this
subsection). New motor vehicle waste
disposal  wells and new cesspools are
prohibited as of April 5, 2000;
  (3) You are specifically required by
the UIC Program Director in your State
or EPA Region to get a permit (in which
case, rule authorization expires  upon
the effective date of the permit issued,
or you are prohibited from injecting into
your well upon:
  (i) Failure to submit a permit
application in a timely manner as
specified in  a notice from the Director;
or
  (ii) Upon the effective date of permit
denial);
  (4) You have failed to submit
inventory information to your UIC
Program  Director, as described in
§ 144.83(a) (in which case, you are
prohibited from injecting into your well
until you comply with the inventory
requirements); or
  (5) If you are in a DI State and you
received  a request from your UIC
Program Director for additional
information  under § 144.83(b), and have
failed to comply with  the request in a
timely manner (in which case, you are
prohibited from injecting into your well
until you get a permit).

Additional Requirements for Class V
Large-Capacity Cesspools and Motor
Vehicle Waste Disposal Wells

§ 144.85  Do  these additional requirements
apply to me?
  (a) Large-Capacity Cesspools.  The
additional requirements apply to all
new and  existing large-capacity
cesspools regardless of their location. If
you are using a septic system  for these
type of wastes you are not subject to the
additional requirements in this subpart.
  (b) Motor  Vehicle Waste Disposal
Wells Existing on April 5, 2000  If you
have a Class V motor vehicle waste
disposal  well these requirements apply
to you if  your well is located in  a
ground water protection area or other
sensitive ground water area that is
identified by your State or EPA Region
If your State or EPA Region fails to
identify ground water protection areas
and/or other sensitive ground water
areas these requirements apply to all
Class V motor vehicle wells in the State.
  (c) New Motor Vehicle Waste Disposal
 Wells. The additional requirements
 apply to all new motor vehicle waste
 disposal wells as of April 5, 2000.

 § 144.86 What are the definitions I need to
 know?
  (a) State Drinking Water Source
 Assessment and Protection Program
 This is a new approach to protecting
 drinking water sources, specified in the
 1996 Amendments to the Safe Drinking
 Water Act at Section 1453. States must
 prepare and submit for EPA approval a
 program that sets out how States will
 conduct local assessments, including:
 delineating the boundaries of areas
 providing source waters for public water
 systems; identifying significant
 potential sources of contaminants in
 such areas; and determining the
 susceptibility of public water systems in
 the delineated areas to the inventoried
 sources of contamination.
  (b) Complete Local Source Water
 Assessment for Ground Water Protection
 Areas. When EPA has approved a
 State's Drinking Water Source
 Assessment and Protection Program,
 States will begin to conduct local
 assessments for each public water
 system in their State. For the purposes
 of this rule, local assessments for
 community water systems and non-
 transient non-community systems are
 complete when four requirements are
 met: First, a State must delineate the
boundaries of the assessment area for
 community and non-transient non-
 community water systems. Second, the
 State must identify significant potential
 sources of contamination in these
 delineated areas. Third, the State must
 "determine the susceptibility of
community and non-transient non-
community water systems in the
delineated area to such contaminants."
Lastly, each State will develop its own
plan for making the completed
assessments available to the public.
  (c) Ground Water Protection Area A
ground water protection area is a
geographic area near and/or
surrounding community and non-
transient non-community water systems
that use ground water as a source of
drinking water. These areas receive
priority for the protection of drinking
 water supplies and States are required
to delineate and assess these areas
 under section 1453 of the Safe Drinking
Water Act. The additional requirements
 in § 144.88 apply to you if your Class V
 motor vehicle waste disposal well is in
 a ground water protection area for either
 a community water system or a non-
 transient non-community water system,
 in many States, these areas will be  the
 same as Wellhead Protection Areas that
have been or will be delineated as
defined in section 1428 of the SDWA
  (d) Community Water System A
community water system is a public
water system that serves at least 15
service connections used by year-round
residents or regularly serves at least 25
year-round residents.
  (e) Non-transient Non-community
Water System. A public water system
that is not a community water system
and that regularly serves at least 25 of
the same people over six months a year.
These may include systems that provide
water to schools, day care centers,
government/military installations,
manufacturers, hospitals or nursing
homes, office buildings, and other
facilities.
  (f) Delineation. Once a State's
Drinking Water Source Assessment and
Protection Program is approved, the
States will begin delineating their local
assessment areas. Delineation is the first
step in the assessment process in which
the boundaries of ground water
protection areas are identified.
  (g) Other Sensitive Ground Water
Areas. States may also identify other
areas in the State in addition to ground
water protection areas that are critical to
protecting underground sources of
drinking water from contamination
These other sensitive ground water
areas may include areas such as areas
overlying sole-source aquifers; highly
productive aquifers supplying private
wells; continuous and highly productive
aquifers at points distant from public
water supply wells; areas where water
supply aquifers are recharged; karst
aquifers that discharge to surface
reservoirs serving as public water
supplies; vulnerable or sensitive
hydrogeologic settings, such as glacial
outwash deposits, eolian sands, and
fractured volcanic rock; and areas of
special concern selected based on a
combination of factors, such as
hydrogeologic sensitivity, depth to
ground water, significance as a drinking
water source, and prevailing land-use
practices

§ 144.87 How does the identification of
ground water protection areas and other
sensitive ground water areas affect me?
  (a) You are subject to these new
requirements if you own or operate an
existing motor vehicle well and you are
located in a ground water protection
area or an other sensitive ground water
area. If your State or EPA Region fails
to identify these areas within the
specified time frames these
requirements apply to all existing motor
vehicle waste disposal wells within
your State.

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 68570     Federal Register/Vol. 64, No. 234/Tuesday, December 7,  1999/Rules and Regulations
   (b) Ground Water Protection Areas. (I)
 For the purpose of this subpart, States
 are required to complete all local source
 water assessments for ground water
 protection areas by January 1, 2004.
 Once a local assessment for a ground
 water protection area is complete every
 existing motor vehicle waste disposal
 well owner in that ground water
 protection area has one year to close the
 well or receive a permit. If a State fails
 to complete all local assessments for
 ground water protection areas by
 January 1, 2004, the following may
 occur:
   (i) The new requirements in this
 subpart will apply to all existing motor
 vehicle waste disposal wells in the State
 and owners and operators of motor
 vehicle waste disposal wells located
 outside of completed assessments for
 ground water protection areas must
 close their well or receive a permit by
 January 1, 2005.
   (ii) EPA may grant a State an
 extension for up to one year from the
 January 1. 2004 deadline if the State is
 making reasonable progress in
 completing the source water
 assessments for ground water protection
 areas. States must apply for the
 extension by June 1, 2003. If a State fails
 to complete the assessments for the
 remaining ground water protection areas
 by the extended date the rule
 requirements will apply to all motor
 vehicle waste disposal wells in the State
 and owners and operators  of motor
 vehicle waste disposal wells located
 outside of ground water protection areas
 with completed assessments must close
 their well or receive a permit by January
 1, 2006.
  (2) The UIC Program Director may
 extend the compliance deadline for
 specific motor vehicle waste disposal
 wells for up to one year if the most
 efficient compliance option for the well
 is connection to a sanitary sewer or
 installation of new treatment
 technology.
  (c) Other Sensitive Ground Water
Areas States may also delineate other
sensitive ground water areas by January
 1, 2004. Existing motor vehicle waste
disposal well owners and operators
 within other sensitive ground water
areas have until January 1, 2007 to
receive a permit or close the well. If  a
State or EPA Region fails to identify
these additional sensitive ground water
areas by January 1, 2004. the new
requirements of this rule will apply to
all motor vehicle waste disposal wells
in the State effective January l, 2007
unless they are subject to a different
compliance date pursuant to paragraph
 (b) of this section. Again, EPA may
 extend the January 1, 2004 deadline for
 up to one year for States to delineate
 other sensitive ground water areas if the
 State is making reasonable progress in
 identifying the sensitive areas. States
 must apply for this extension by June 1,
 2003. If a State has been granted an
 extension, existing motor vehicle waste
 disposal well owners and operators
 within the sensitive ground water areas
 have until January 1, 2008 to close the
 well or receive a permit, unless they are
 subject to a different compliance date
 pursuant to paragraph (b) of this section.
 If a State has been granted an extension
 and fails to delineate sensitive areas by
 the extended date, the rule requirements
 will apply to all motor vehicle waste
 disposal wells in the State and owners
 and operators have until January 1, 2008
 to close the well or receive a permit,
 unless they are subject to a different
 compliance date pursuant to paragraph
 (b) of this section.
   (d) How to Find Out if Your Well is
 in a Ground Water Protection Area or
 Sensitive Ground Water Area. States are
 required to make their local source
 water assessments widely available to
 the public through a variety of methods
 after the assessments are complete. You
 can find out if your Class V well is in
 a ground water protection area by
 contacting the State agency responsible
 for the State Drinking Water Source
 Assessment and Protection Program in
 your area. You may call the Safe
 Drinking Water Hotline at 1-800-426-
 4791 to find out who to call in your
 State for this information. The State
 office responsible for implementing the
 Drinking Water Source Assessment and
 Protection Program makes the final and
 official determination of boundaries for
 ground water protection areas. Because
 States that choose to delineate other
 sensitive ground water areas are also
 required to make the information on
 these areas accessible to the public, they
 may do so in a manner similar to the
 process used by the  States in
 publicizing the EPA approved Drinking
 Water Source Assessment and
 Protection Program. You can find out if
 your Class V well is in an other
 sensitive ground water area by
contacting the State  or Federal agency
 responsible for the Underground
 Injection Control Program. You may call
the Safe Drinking Water Hotline at 1-
 800-426-4791 to find out who to call
 for information.
  (e) Changes in the Status of the EPA
Approved State Drinking  Water Source
Assessment and Protection Program
After January 1, 2004 your State may
 assess a ground water protection area for
 ground water supplying a new
 community water system or a new non-
 transient non-community water system
 that includes your Class V injection
 well. Also, your State may officially re-
 delineate the boundaries of a previously
 delineated ground water protection area
 to include additional areas that includes
 your motor vehicle waste disposal well
 This would make the additional
 regulations apply to you if your motor
 vehicle waste disposal well is in such
 an area. The additional regulations start
 applying to you one year after the State
 completes the local assessment for the
 ground water protection area for the
 new drinking water system or the new
 re-delineated area. The UIC Program
 Director responsible for your area may
 extend this deadline for up to one year
 if the most efficient compliance option
 for the well is connection to  a sanitary
 sewer or installation of new treatment
 technology.
   (f) What Happens if My State Doesn't
 Designate Other Sensitive Ground Water
 Areas? If your State or EPA Region
 elects not to delineate the additional
 sensitive ground water areas, the
 additional regulations apply to you
 regardless of the location of your well
 by January 1, 2007, or January 2008 if
 an extension has been granted as
 explained in  paragraph (c) of this
 section, except for wells in ground
 water protection areas which are subject
 to different compliance deadlines
 explained in  paragraph (b) of this
 section.
  (h) Application of Requirements
 Outside of Ground Water Protection
 Areas and Sensitive Ground Water
 Areas. EPA expects and strongly
 encourages States to use existing
 authorities in the UIC program to take
 whatever measures are needed to ensure
 Class V wells are not endangering
 USDWs in any other areas outside of
 delineated ground water protection
 areas and sensitive ground water areas
 Such measures could include, if
 believed to be necessary by a UIC
 Program Director, applying the
 additional requirements below to other
 areas and/or other types of Class V
 wells Therefore, the Director may appk
 the additional requirements to yo'u, even
 if you are not located in the areas listed
 in paragraph (a) of this section

§ 144.88 What are the additional
requirements?

  The additional requirements are
specified  in the following tables

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             Federal Register /Vol.  64, No. 234 /Tuesday, December 7,  1999 /Rules  and Regulations     68571
                 (a) TABLE 1 .—ADDITIONAL REQUIREMENTS FOR URGE-CAPACITY CESSPOOLS STATEWIDE
                                [See § 144.85 to determine if these additional requirements apply to you]
                 Well Status
                   Requirement
                   Deadline
             If your cesspool is.
                   Then you...
                     By.  .
(1) Existing (operational or under construction by
  April 5, 2000).
   (i) Must close the well
(2) New or converted (construction not started be-
  fore April 5, 2000).
   (ii) Must notify the UIC Program  Director  (both
     Primacy  States  and  Direct Implementation
     States) of your intent to close the well-
   Note:  This information  is requested on national
     form "Prectosure  Notification for  Closure of In-
     jection Wells.".
   Are prohibited	
      April 5.2005

      At least 30 days prior to closure.
      April 5. 2000.
                 (b) TABLE 2.—ADDITIONAL REQUIREMENTS FOR MOTOR VEHICLE WASTE DISPOSAL WELLS
                                [See § 144.85 to determine if these additional requirements apply to you]
                Well
                                                           Requirement
                                                           Deadline
  If your motor vehicle waste disposal well is
                Then...
                  By...
(1)  Existing  (operational or under construction
  by April 5, 2000).
(i) If your well is in a ground water protection
  area, you  must close the well or obtain a
  permit.
Within 1 year of the completion of your local
  source water assessment; your UIC Pro-
  gram  Director  may  extend the  closure
  deadline, but not  the  permit  application
  deadline, for up to one year if the most effi-
  cient compliance option is connection to a
  sanitary sewer or installation of new treat-
  ment technology.
                                            (ii) If your well is in an other sensitive ground
                                              water area, you must close the well or ob-
                                              tain a permit.
                                           By January 1, 2007; your UIC Program Direc-
                                             tor may extend the  closure deadline, but
                                             not the permit application  deadline, for up
                                             to one year if the most efficient compliance
                                             option is connection to a sanitary sewer or
                                             installation of new treatment technology
                                            (iii) If you plan to seek a waiver from the ban
                                              and  apply  for a  permit, you  must  meet
                                              MCLs at the point of injection while your
                                              permit application is  under review,  if you
                                              choose to keep operating your well.
                                           The date you submit your permit application.
                                            (iv) If you receive a permit you must comply
                                              with all  permit conditions, if you choose to
                                              keep operating your well, including require-
                                              ments  to meet MCLs and other health
                                              based  standards at the point of injection,
                                              follow  best  management   practices,   and
                                              monitor your mjectate and sludge quality
                                           The date(s) specified in your permit.
                                            (v)  If your well is in a State which has not
                                              completed all  their  local assessments  by
                                              January 1, 2004 or by the  extended date if
                                              your State  has obtained an extension  as
                                              described in 144.87, and  you are outside
                                              an area with a completed  assessment you
                                              must close the well or obtain a permit.
                                           January 1, 2005 unless your State obtains an
                                             extension as  described  in  144.87  (b)  in
                                             which case your  deadline  is January  1,
                                             2006; your UIC  Program Director may ex-
                                             tend  the closure deadline, but not the per-
                                             mit application deadline, for up to one year
                                             if the most efficient compliance option  is
                                             connection to  a  sanitary sewer or installa-
                                             tion of new treatment technology
                                            (vi) If your well is in a State that has not delin-
                                              eated other sensitive ground water areas by
                                              January 1, 2004 and you are outside of an
                                              area  with  a completed  assessment  you
                                              must  close the well or obtain a permit re-
                                              gardless of your location.
                                           January 1. 2007 unless your State obtains an
                                             extension  as described  in  I44.87(c)  in
                                             which case your deadline is January 2008

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 68572
Federal Register/Vol. 64. No. 234/Tuesday, December 7,  1999/Rules and Regulations
          (B) TABLE 2.—ADDITIONAL REQUIREMENTS FOR MOTOR VEHICLE WASTE DISPOSAL WELLS—Continued
                              [See § 144.85 to determine if these additional requirements apply to you]
Well status
If your motor vehicle waste disposal well is

(2) New or converted (construction not started
before April 5. 2000)
Requirement
Then. . .
(vii) If you plan to close your well, you must
notify the UIC Program Director of your in-
tent to close the well (this includes closing
your well prior to conversion).
Note: This information is requested on na-
tional form "Preclosure Notification for Clo-
sure of Injection Wells".
Are prohibited 	

Deadline
By. .
At least 30 days pnor to closure
Apnl 5 2000

 § 144.89 How do I close my Class V
 injection well?
   The following describes the
 requirements for closing your Class V
 injection well.
   (a) Closure. Prior to closing a Class V
 large-capacity cesspool or motor vehicle
 waste disposal well, you must plug or
 otherwise close the well  in a manner
 that complies with the prohibition of
 fluid movement standard in § 144.12
 and summarized in § 144.82(a). If the
 UIC Program Director in  your State or
 EPA Region has any additional or more
 specific closure standards, you have to
 meet those standards too. You also must
 dispose or otherwise manage any soil,
 gravel, sludge, liquids, or other
 materials removed from or adjacent to
 your well in accordance with all
 applicable Federal, State, and local
 regulations and requirements, as in
 § 144.82(b).
  (2) Closure does not mean that you
 need to cease operations  at your facility,
 only that you need to close your well.
 A number of alternatives  are available
 for disposing of waste fluids. Examples
 of alternatives that may be available to
 motor vehicle stations include:
recycling and reusing wastewater as
much as possible; collecting and
recycling petroleum-based fluids,
coolants, and battery acids drained from
vehicles; washing parts in a self-
contained, recirculating solvent sink,
with spent solvents being recovered and
replaced by the supplier;  using
absorbents to clean up minor leaks and
spills, and placing the used materials in
approved waste containers and
disposing of them properly; using a wet
vacuum or mop to pick up accumulated
rain or snow melt, and if allowed,
connecting floor drains to a municipal
sewer system or holding tank, and if
allowed, disposing of the  holding tank
contents through a publicly owned
treatment works. You should check with
the publicly owned treatment works you
                          might use to see if they would accept
                          your wastes. Alternatives that may be
                          available to owners and operators of a
                          large-capacity cesspool include:
                          conversion to a septic system;
                          connection to sewer; and installation of
                          an on-site treatment unit.
                            (b) Conversions. In limited cases, the
                          UIC Director may authorize the
                          conversion (reclassification) of a motor
                          vehicle waste disposal well to another
                          type of Class V well. Motor vehicle
                          wells may only be converted if: all
                          motor vehicle fluids are segregated by
                          physical barriers and are not allowed to
                          enter the well; and, injection of motor
                          vehicle waste is unlikely based on a
                          facility's compliance history and
                          records showing proper waste disposal.
                          The use of a semi-permanent plug as the
                          means to segregate waste is not
                          sufficient to convert a motor vehicle
                          waste disposal well to another type of
                          Class V well.

                          PART 145—STATE UIC PROGRAM
                          REQUIREMENTS

                            11. The authority citation for part 145
                          continues to read as follows:
                            Authority: Safe Drinking Water Act, 42
                          U.SC. 300fetseq

                          Subpart B—[Amended]

                            12. Section 145.11 is amended by
                          adding paragraph (a)(32) and by revising
                          the first sentence of paragraph (b)(l) to
                          read as follows-

                          § 145.11  Requirements for permitting.
                            (a) * *  *
                            (32) Section 144.88—(What are the
                          additional requirements7],
                          *****

                            (b)(l) States need not implement
                          provisions identical to the provisions
                          listed in paragraphs (a)(l) through
                          (a)(32) of this section. -  *  *
 Subpart C—{Amended]

   13. Section 145.23, is revised by
 adding paragraph (f)(12) to read as
 follows:

 § 145.23  Program description.
 *****
   ffl''-
   (12) For Class V programs only A
 description of and a schedule for the
 State's plan to identify and delineate
 other sensitive ground water areas.
 States should consider geologic and
 hydrogeologic settings, ground water
 flow and occurrence, topographic and
 geographic features, depth to ground
 water, significance as a drinking water
 source, prevailing land use practices
 and any other existing information
 relating to the susceptibility of ground
 water to contamination from Class V
 injection wells when developing their
•plan Within the schedule for the plan,
 States must commit to- completing all
 delineations of other sensitive ground
 water areas by no later than Jan. l, 2004,
 making these delineation available to
 the public; implementing the Class V
 regulations, effective April 5, 2000, in
 these delineated areas by no later than
 January 1, 2007. Alternately, if a State
 chooses not to identify other sensitive
 ground water areas, the requirements for
 motor vehicle waste disposal wells
 would apply statewide by January i,
 2007.

 PART 146—UNDERGROUND
 INJECTION CONTROL PROGRAM:
 CRITERIA AND STANDARDS

  14 The authority citation for part 146
 continues to read as follows
  Authority: Safe Drinking Water Act. 42
 USC 300f et seq , Resource Conservation
 and Recovery Act. 42 U S C. 6901 et seq
  15. Section  146 3 is amended by
 adding the following new definitions in
 alphabetical order- "Cesspool."
 "Drywell," "Improved sinkhole," "Point

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            Federal Register/Vol. 64. No.  234/Tuesday, December  7, 1999/Rules and Regulations     68573
of injection." "Sanitary waste," "Septic
system," and "Subsurface fluid
distribution system," and by revising
the definitions of "Well" and "Well
injection" to read as follows:

§146.3  Definitions.
*****
  Cesspool means a "drywell" that
receives untreated sanitary waste
containing human excreta, and which
sometimes has an open bottom and/or
perforated sides.
*****
  Drywell means a well, other than an
improved sinkhole or subsurface fluid
distribution system, completed above
the water table so that its bottom and
sides are typically dry except  when
receiving fluids.
*****
  Improved sinkhole means a naturally
occurring karst depression or other
natural crevice found in volcanic terrain
and other geologic settings which have
been modified by man for the purpose
of directing and emplacing fluids into
the subsurface.
*****
  Point of injection for Class V wells
means the last accessible sampling point
prior to waste fluids being released into
the subsurface environment through a
Class V  injection well. For example, the
point of injection of a Class V  septic
system might be the distribution box—
the last accessible sampling point before
the waste fluids drain into the
underlying soils. For a dry well, it  is
likely to be the well bore itself.
*****
  Sanitary waste means liquid or solid
wastes originating solely from humans
and human activities, such as  wastes
collected from toilets, showers, wash
basins, sinks used for cleaning domestic
areas, sinks used for food preparation,
clothes washing operations,  and sinks or
washing machines where food and
beverage serving dishes, glasses, and
utensils are cleaned. Sources of these
wastes may include single or multiple
residences, hotels and motels.
restaurants, bunkhouses, schools, ranger
stations, crew quarters, guard stations,
campgrounds, picnic grounds, day-use
recreation areas, other commercial
facilities, and industrial facilities
 provided the waste is not mixed with
 industrial waste.
 *****
   Septic system means a "well" that is
 used to emplace sanitary waste below
 the surface and is typically comprised of
 a septic tank and subsurface fluid
 distribution system or disposal system.
 *****
   Subsurface fluid distribution system
 means an assemblage of perforated
 pipes, drain tiles, or other similar
 mechanisms intended to distribute
 fluids below the surface of the ground.
 *    *    *     *     «
   Well means: A bored, drilled, or
 driven shaft whose depth is greater than
 the largest surface dimension; or, a dug
 hole whose depth is greater than the
 largest surface dimension; or, an
 improved sinkhole; or, a subsurface
 fluid distribution system.
   Well injection means the subsurface
 emplacement of fluids through a well.
 *****
   16. Section 146.5 is amended by
 adding a new paragraph (a)(3) and
 revising the first sentence of paragraph
 (e) introductory text to read as follows:

 § 146.5  Classification of injection wells.
 *****
  (a)* - *
  (3) Radioactive waste disposal wells
 which inject fluids below the lowermost
 formation containing an underground
 source of drinking water within one
 quarter mile of the well bore.
 *****
  (e) Class V. Injection wells not
 included in Class I, II, m, or IV. Specific
 types of Class V injection wells are also
 described in 40 CFR 144.81. * * *
 *****
  17. Section 146.10 is revised to read
 as follows:

§ 146.10  Plugging and abandoning Class I,
 II, III, IV, and V wells.
  (a) Requirements for Class I, II and ID
wells. (1) Prior to abandoning Class I, II
and m wells, the well shall be plugged
with cement in a manner which will not
allow the movement of fluids either into
or between underground sources of
drinking water. The Director may allow
Class m wells to use other plugging
materials if the Director is satisfied that
such materials will prevent movement
 of fluids into or between underground
 sources of drinking water.
   (2) Placement of the cement plugs
 shall be accomplished by one of the
 following:
   (i) The Balance method;
   (ii) The Dump Bailer method;
   (iii) The Two-Plug method; or
   (iv) An alternative method approved
 by the Director, which will reliably
 provide a comparable level of protection
 to underground sources of drinking
 water.
   (3) The well to be abandoned shall be
 in a state of static equilibrium with the
 mud weight equalized top to bottom.
 either by circulating the mud in the well
 at least once or by a comparable method
 prescribed by the  Director, prior to the
 placement of the cement plug(s).
   (4) The plugging and abandonment
 plan required in 40 CFR 144.51(o) and
 144.52(a)(6) shall, in the case of a Class
 in project which underlies or is in an
 aquifer which has been exempted under
 § 146.04, also demonstrate adequate
 protection of USDWs. The Director shall
 prescribe aquifer cleanup and
 monitoring where he deems it necessary
 and feasible to insure adequate
 protection of USDWs.
  (b) Requirements for Class IV wells.
 Prior to abandoning a Class IV well, the
 owner or operator shall close the well m
 accordance with 40 CFR 144.23(b)
  (c) Requirements for Class V wells. (1)
 Prior to abandoning a Class V well, the
 owner or operator shall close the well in
 a manner that prevents the movement of
 fluid containing any contaminant into
 an underground source of drinking
 water, if the presence of that
 contaminant may cause a violation of
 any primary drinking water regulation
 under 40 CFR part 141 or may otherwise
 adversely affect the health of persons.
Closure requirements for motor vehicle
waste disposal wells and large-capacity
cesspools are reiterated at § 144.89.
  (2) The owner or operator shall
dispose of or otherwise manage any soil,
gravel, sludge, liquids, or other
matenals removed from or adjacent to
the well in accordance with all
applicable Federal, State, and local
regulations and requirements
[FR Doc 99-31048 Filed 12-6-99. 8 45 am)
BILLING CODE 6S60-50-P

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    Appendix B




Fact Sheet to the Rule

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       Appendix C




Frequently Asked Questions




      (To be Added)

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         Appendix D




Sample Permit Application Form

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                                   •^•••^^^•iMHM^H^^M^^HMH^^H^^^^^BH^^^
                               United Stales Environmental Protection Agency
                                Underground Injection Control

                                     Permit Application
                             {Collected under the outhanty ef the Sefe Drinking
                             Water Act. Sections 1421. 1422. 4O CPU 1441
                                                                     I. EPA ID Number
                                                                    U
                                                                                                       T/A  ;  c
                                         Reed Attached Instructions Before Starting
                                                For Official Use Only
 Application approved
  mo   day    year
                   Date received
                mo   day    year
                               Permit Number
                                                   Well ID
                                                                                 FINDS Number
                 II. Owner Name and Addreaa
                                                                           III. Operator Name and Addraaa
Owner Name
                                                           Operator Name
Street Address
                                            Phone Number
                                                      Street Address
                                                                                                        Phone Number
City
                                    Stete
                                       ZIP CODE
                                             City
                                                                                               State
                                                                                                  ZIP CODE
  IV. Commercial Facility
                          V. Ownership
                                                       'VI. Legal Contact
                                                                            VII. SIC Code.
 B
Yes
No
                       Private
                       Federal
                       Other
                                         Owner

                                         Operator
                                               VUl. WeB Statue  (Mirfx'l
     Operating
                   Date Started
                mo  dey    year
                                     D
                                  B. Modification/Conversion
                                                           DC.
                                                         Proposed
                                IX. Type of Permit Requested 0M«nt 'n'oad mpeoify if requiimd
 A. Individual
                  D
                  B. Area
                            Number of Existing Wells Number of Proposed Wells
                                                                Name(s) of frald(s) or project(s)
                                          X.  Ooooond
                                                Type of We* fm
  A. Classes(es)
  (enter codes(a)
             B. Type(s)
           (enter codes(s)
                 C. If class is 'other' or type n codo 'x.' explain
                                                         D. Number of wells per type (if area permit)
                  XI. Location of WeHtel or Approximate Center of Field or Project
                                                                                       XU. Indian Lands (Mark V)
       Latitude
   Dog
    Mm
Sec
                Longitude
Dog
Sec
                                        Township and Range
                               Sec
                             Twp
                                            Kongo
                          1/4 See
Feet From
Line
Feet From
                                                                                      Line
Yes

No
                                                   XIII. Attachments
(Complete the following questions on a separate sheet(s) and number accordingly; see instructions)
For Classes I, II, III. (and other classes) complete and submit on a separate sheet(s) Attachments A-U (pp 2-6}
as appropriate. Attach maps where required. List attachments by letter which are applicable and are included with
your application.
                                                   XIV.  Certification
I certify under the penalty of law that I have personally examined and am familiar with the information submitted in this
document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining
the information,  I believe that the information is true, accurate, and complete.  I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment. (Ref. 40  CFR 144.32)
  .. Name and Title {Type or Print)
                                                                               B. Phone No. (Aree Code end No.l
 C. Signature
                                                                                D.  Date Signed
 EPA Form 7520-6 (Rev 8-91)

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        Class I
     Type "I"
         "M"
         "W"
          "X"
       Class II
    Type "D"
          "R"
          "H"
      Class III
    Type "G"
          "S"
          "U"
          "X"
 Other Classes
                 Well Class and Type Codes
Wells used to inject waste below the deepest underground source of  inking water
Nonhazardous industrial disposal well
Nonhazardous municipal disposal well
Hazardous waste disposal well injecting below USDWs
Other Class I wells (not included in Type "I." "M." or "W")
Oil and gas production and storage related injection wells.
Produced fluid disposal well
Enhanced recovery well
Hydrocarbon storage well (excluding natural gas)
Other Class II wells (not included in Type "0." "R." or "H")
Special process injection wells.
Solution  mining well
Sulfur mining well by Frasch process
Uranium mining well (excluding solution mining of conventional mines)
Other Class III wells (not included in Type "G." "S." or "U")
Wells not included in classes above.
Class V wells which may be permitted under §144.12
Wells not currently classified as Class I. II. III. or V.
Class
I new well
      existing
II new well
      existing
III new well
      existing
Other
Classes
            Attachments to Permit Application
Attachments
A. B. C. D. F. H — S. U
A. B. C. D. F. H — U
A. B. C. E. G. H. M. a R; optional — I. J. K. 0. P. U
A. E. G. H. M. Q. R — U; optional — J. K. O. P. Q
A. 8. C. D. F. H. I. J. K. M — S. U
A. B. C. D. F. H. J. K. M —U
To be specified by the permitting authority
EPA Form 7520-6 (2-84)
                                                                        page 2 of 5

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                                    PAPERWORK REDUCTION ACT NOTICE

Public reporting burden for this collection of Information is estimated at an average of 255 hours for Class I wells  16 hours
for Class II wells, and 200 hours for Class III wells per application, including time for reviewing instructions, searching existina
 - <• sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information  Send
    nents regarding the burden estimate or any aspect of this collection of Information, including suggestions for reducina
    burden, to Chief. Information Policy Branch.  PM-223. U.S. Environmental Protection Agency. 401 M Street  SW
Washington. DC 20460. and to the Office of Management and Budget. Paperwork Reduction Project. Washington. DC 20503!

This form must be completed by all owners or operators of Class I. II. and III Injection wells and others who may be directed
to apply for permit by the Director.                                                                  '   u»eciea

  I.    EPA I.D. NUMBER - Ffll In your EPA Identification Number.  If you do not have a number, leave blank.

 II.    OWNER NAME AND ADDRESS - Name of well, well field or company and address.

 III.    OPERATOR NAME AND ADDRESS - Name and address of operator of well or well field.

 IV.   COMMERCIAL FACILITY - Mark the appropriate box to Indicate the type of facility.

  V.   OWNERSHIP - Mark the appropriate box to Indicate the type of ownership.

 VI.   LEGAL CONTACT -Mark the appropriate box

 VII.   SIC CODES - List at least one and no more than four Standard Industrial Classification (SIC) Codes that best describe
       the nature of the business in order of priority.

VIII.   WELL STATUS i - Mark Box A If the well® were operating as injection wells on the effective date of the UIC Program
       for the State.   Mark Box B If wells(s) existed on the effective date of the UIC Program for the State but were not
       utilized for Injection.  Box C should be marked  If the application is for an underground Injection project not
       constructed or not completed by the effective date of the UIC Program for the State.
  K>   ITS ^l^llfl " J?* "lndMduaI" or 'Area' to Indicate the type of permit desired. Note that area permits are at
       the discretion of the Director and that wells covered by an area permit must be at one site, under the control of one
       person and do not Inject hazardous waste. If an area permit Is requested the number of wells to be included in the
       permit must be specified and the wells described and Identified by location. If the area has a commonly used name
       such as the 'Jay Reid,' submit the name In the space provided. In the case of a project or field which crosses State
       lines, It may be possible to consider an area permit If  EPA has jurisdiction In both States.  Each such case wfll be
       considered Individually, tf the owner/operator elects to seek an area permit.

  X.   CLASS AND TYPE OF WELL - Enter In these two positions the Class and type of Injection well for which a permit
       is requested. Use the most pertinent  code selected  from  the list on the reverse side of the application   When
       selecting type X please explain in the space provided.

  XI.   LOCATION OF WELL - Enter the latitude and longitude of the existing or proposed well expressed In degrees
       minutes, and seconds or the location by township, and range, and section, as required by 40 CFR Part 146  If an
       area permit is being requested, give the latitude, and longitude of the approximate center of the area

 XII.   INDIAN LANDS - Place an "XT In the box If any part of the facfllty is located on Indian lands.

 XIII.   ATTACHMENTS  - Note that information requirements vary depending on the  injection well class and status.
       Attachments for Class I. II. Ill are described on pages 4 and 5 of this document and listed by Class on page 2. Place
       EPA ID number In the upper right hand comer of each page of the Attachments.

    7.  CERTIFICATION - All permit applications (except Class II) must be signed by a responsible corporate officer for a
       corporation, by a general partner for a partnership, by the proprietor of a sole proprietorship, and by a principal
       executive or ranking  elected official for a public agency. For Class II. the person described above should sign, or
       a representative duly authorized In writing.

 EPA Form 7520-6 (     )                                                         Page 3 of 6

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                                         INSTRUCTIONS - Attachments

Attachments to be submitted with permit application for Class I. II. Ill and other wells.

A'     !f,^aOF RP"EW ^.ET?ODS ' Glve tne methods and. * appropriate, the calculations used to determine the
       of he area of review (Fixed radius or equation). The area of review shall be a fixed radius of K mile from the well b
       unless the use of an equation is approved In advance by the Director.
B.
       MAPS l OF WELL/AREA AND AREA OF REVIEW - Submit a topographic map. extending one mile beyond the
       property boundaries, showing the injection well(s) or project area tor which a permit is sought and the applicable area
       s^zsJir^r11*1 ¥*« *" ,ln?ke and discharBe ***•* and •" hazardous waste ***£«*£%
       disposal facilities. If the application is for an area permit, the map should show the distribution manifold (if applicable)
       applying Injection fluid to all wells In the area, including all system monitoring points. Within the area of review the
                                  *                                                                     '
       map must show the following:

       Class I
       The number, or name, and location of all producing wells. Injection wells, abandoned wells, dry holes, surface bodies
       of water, springs, mines (surface and subsurface), quarries, and other pertinent surface features, Including residences
       and roads, and faults. If known or suspected.  In addition, the map must Identify those wells, springs, other surface
       water bodies, and drinking water wells located within one quarter mOe of the faculty property boundary  Only
       information of   blic r                                         '
                               w 	—-  --v«w •
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       underground sources of drinking water which may be affected by the Injection.

F.      MAPS AND CROSS SECTIONS OF GEOLOGIC STRUCTURE OF AREA - Submit maps and cross sections detailing
       the geologic structure of the local area (including the iithology of Injection and confining Intervals) and generalized
       maps and cross sections illustrating the regional geologic setting. (Does not apply to Class II wells.)

       GEOLOGICAL DATA ON INJECTION AND CONRNING ZONES (Class II) - For Class II wells, submit appropriate
       geological data on the injection zone and confining zones including litnologic description, geological name, thickness.
       depth and fracture pressure.

H.     OPERATING DATA - Submit the following proposed operating data for each well (including all those to be covered
       by area permits): (1) average and maximum daily rate and volume of the fluids to be injected; (2) average and
       maximum injection pressure; (3) nature of annulus fluid; (4) for Class I well, source and analysts of the  chemical.
       physical, radiological and biological characteristics, including density and corrosiveness, of injection fluids; (5) for
       Class II wells, source and analysis of the physical and chemical characteristics of the injection fluid; (6) for Class III
       wells, a qualitative analysis and ranges In concentrations of all constituents of injected fluids.  If the information is
       proprietary, maximum concentrations only may be submitted, but all records must be retained.

I.      FORMATION TESTING PROGRAM - Describe the  proposed formation testing  program.  For Class I wells the
       program must be designed to obtain data on fluid pressure, temperature, fracture pressure, other physical, chemical.
       and radiological characteristics of the Injection matrix and physical and chemical characteristics of the  formation
       fluids.

       For Class II wells the testing program must be designed to obtain data on fluid pressure, estimated fracture pressure,
       physical and chemical characteristics of the Injection zone. (Does not apply to existing Class II wells or  projects.)

       For Class III wells the testing must be designed to obtain data on fluid pressure, fracture pressure, and physical and
       chemical characteristics of the formation fluids if the formation is naturally water bearing. Only fracture pressure is
       required If the program formation is not water bearing.  (Does not apply to existing Class III wells or projects.)

       STIMULATION PROGRAM • Outline any proposed stimulation program

 N.     INJECTION PROCEDURES • Describe the proposed Injection procedures Including pump, surge, tank. etc.

 L     CONSTRUCTION PROCEDURES - Discuss the construction procedures (according to §146.12 for Class I, §146.22
       for Class II.  and §146.32 for Class III) to be utilized. This should included detafls of the  casing and cementing
       program, logging procedures, deviation checks, and the drilling, testing and coring program, and proposed annulus
       fluid.  (Request and submission of justifying data must be made  to use an alternative to packer for Class I.)

 M.    CONSTRUCTION DETAILS • Submit schematic or other appropriate drawings of the surface and subsurface
       construction detafls of the well.

 N.    CHANGES IN INJECTED FLUID - Discuss expected changes in pressure, native fluid displacement, and direction
       of movement of injection fluid. (Class 111 wells only.)

 0.    PLANS FOR WELL FAILURES - Outline contingency plans (proposed plans, if any, for Class II) to cope with ail shut-
       ins or wells failures, so  as to prevent migration of fluids into any USDW.

 P.     MONITORING PROGRAM - Discuss the planned monitoring program. This should be thorough, including maps
        showing the number and location of monitoring wells as appropriate and discussion of monitoring devices, sampling
        frequency, and parameters measured.   If a manifold monitoring  program is utilized, pursuant to §146.23(b)(5),
        describe the program and compare it to Individual well monitoring.

 Q.     PLUGGING AND ABANDONMENT PLAN - Submit a plan for plugging and abandonment of the well Including: (1)
        describe the type, number, and placement (including the elevation of the top and bottom) of plugs to be used; (2)
        describe the type, grade, and quantity of cement to be used; and (3) describe the method to be used to place plugs.
        including the method used to  place the  well In a state of static equilibrium prior to placement of the plugs. Also for
        a Class 411 well that underlies or is in an exempted aquifer, demonstrate adequate protection of USDWs. Submit this
        Information on EPA Form 7520-14^ Plugging and Abandonment  Plan.

  EPA Form 7520-6 (     )                                                       Page 5 of 6

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S'
       r««,7rZrr«~ i"-ww«"w;M • ouomn eviaence sucn as a surety oona or financial statement to verify that the
       resources necessary to dose, plug or abandon the well are available.



       ff -tLF»KR f^E*!PT1C5IS " " an aqulfer exemPtion te requested, submit data necessary to demonstrate that the aquifer

       ™i »   followln3 c**"* 0) does not serve as a source of drinking water; (2) cannot now and will not In the future
             »

               8 n°Ur^ * drinking water: "^ <3> lhe TOS content of the 9round ^er te more than 3.000 and less than
             mg/l and Is not reasonably expected to supply a public water system. Data to demonstrate that the a'

       is expected to be mineral or hydrocarbon production, such as general description of the mining zone analysis L


       ?nH?,S, "%  !Sirll*!BJ0i* l? th8 Pf0p0sed method> "^ Ume teble for proposed d^'opment musTalso be
       Included. For additional Information on aquifer exemptions, see 40 CFR Sections 144.7 and 146.04.



T'     Brlf7ING EPA PERMITS ' Ust Program and permit number of any existing EPA permits, for example. NPDES. PSD.
             etc.
U.     DESCRIPTION OF BUSINESS - Give a brief description of the nature of the business.
 EPA Form 7520-6 (    )                                                       Page 6 of 6

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      Appendix £




Sample Pre-Closure Form

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                                                                   Form  Approved
                                                                   OMB Control  No.
                                                                   Approval  Expires


                     CLASS V WELL PRE-CLOSURE NOTIFICATION FORM

                       UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          OFFICE OF GROUND WATER AND DRINKING WATER
1. Name of facility:	

   Address of facility:.
   City/Town:	State:	Zjp Code:_


   County:	 Location:	

2. Name of Owner/Operator:	
  Address of Owner/Operator:
  City/Town:	__  State:	ap Code:_

Legal contact:	Pnone number:	
3- Typeofwell(s):	.	 Number of well(s):
4. Well construction (check all that apply):

   BDrywell                 D Septic tank                D Cesspool
   Improved sinkhole       U Dramfield/leachfield        D Other
5. Type of discharge:.
6. Average flow (gallons/day):	7.  Year of well construction:
8. Type of well closure (check all that apply):
   Sample fluids/sediments
   Appropriate disposal of remaining fluids/sediments
   Remove well & any contaminated soil
   Other (Descnbe):	^^^
Clean out well
Install permanent plug
Conversion to other well type
9. Proposed date of well closure:
10. Name of preparer:	Date:
                                    PAPERWORK REDUCTION ACT NOTICE

ISa^b^tS^^X?*" 'Or th'S C°"eCtl0n °' informatlon IS es"mated to avera9" 1 5 hours per respondent  Burden means the total t.me
                               '° Senerate' mainla"1- *«"• °r ***>** °' P™"* .nlormation to or for a Federal agency  Th,s includes the
                           vafu1ire- insta"- and «""« technology and systems for the purposes of collectmg. vahdatmg. and venfyng ,nforma!,on
                                                 on- adlust the e»s«n9 wa^ » comply wth any previously apphcabtemstrucnons
                                                    n- search dala soureeS' «mP'ete and rev,ew the collecuon of mformanon. and
h^p^Tn 6,?!fn0,h 'he h *nCylS T" '°r th'S 'nformatlon- tne accuracy of the P^ded burden estimates, and any suggested methods for m,n,m,z,ng respondent
SSTSfSS S W9 W?ShT«onT^^° f TH '"^^"o l° *e D'reCt°r' Re9ulat0(y In'°'matl0n D'vlSIOn U S Envronmenal Protecnon Igen^
(2137). 401 M SL S W Washmgton. D.C 20460 Include the OMB control number in any correspondence Do not send the completed form to this address
EPA Form 7520-

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                                                 INSTRUCTIONS



 well a7vl?X!v *?**** '° ""f *" U S' E?A dul y°U intend tO dose a """erground Injection Control (UIC) Class V

 «.™ir f      ?; u   ? may C°mp "e °"e f0rm for more than one of the same ^ of Class v we» at ««h to'''*  For
 example. ,f you will be closing two drywells that are of similar construct™ at your facility. you may use one form.


 The numbers below correspond to the numbers on the form.


 1 .   Supply the name and street address of the facility where the Class V well(s) is located  Include the Cityrtown. State (U S


                                        *-  If to iS "° Stre" addreSS f°r *« ClaSS V wel1' Provide *e route number «
                                            *" '1LoCatl0n" provide "* La^de^ongitude of the well or the legal
                     fadl



           f talEEi mailingHaddreSS of "" owner of *" to** » " «"« holiv ,s operated by lease, me operator of the
          y. Include the name and phone number of the legal contact for any questions regarding the information provided.



 3'   £Hv ^r^ ***? C!aSS ,Y We" *" y°U mtend " dose- For examPle- motor vehlcle waste disposal well or cesspool)
     Prov,de the number of wells of this well type at your location that will be closed.


     Mark an "x" in the appropriate box to indicate the type of well construction. Mark all that apply to your s.tuanon  For
5-                                           ^
6.   Estimate the average daily flow into the well in gallons per day.
            ?V" the_aPPrOPn? b??(S) l° indlCate bnefly how me wel1 closure 1S exPected to P™<*ed. Mark all that apply
            f ,h  "'     eXam?e' 3l1 bOXCS CXCepl *e "Remove wel1 & ^ Contaminated soil" and "Other" would be
        ™i,   C°"neCtIOn of " aut°«>onve service bay drain leading to a septic tank and dramfield will be closed, but the

        he L     ^  COntinU^° bC USCd f°r WaShro°m Waste disP°sal on|y- Md the fluids «« sl«^ <*>™gh°ut the system
         '         f°F  I°er dlSOSa1' ** SyStem Cleaned' a cement Plug P'aced » ^e service bay dram and the pipe

                                    1,.1"1 "" SCPtIC -"*"««" remains °Pen for **'" - U- '" th.s example, the
                              well ,s being convened to another well type (a large capacity septic system).
•   Self explanatory.


10. Self explanatory.
                               " thC meanS f°r the Class V wel1 owner or °Perator>s no»ce '° ^e UIC Director of their
                     " ^^^7'116400^6 Code of Federal Regulations (40 CFR)Secnon 144 I2(a). AccoS ng

                                   VIC Pr?8:am Dire"°r at least 30 days Pnor to we" cl^"« "f you mtentto close a^8
                           ,,       f0rm' 'f the Director d«e™'nes that more specific informanon ,s required to be

           n 4           Tf * °0Ure ^ ^ C°ndUCted '" 3 mannCr that W"' Pr°tect Under^und ««« of dnnkmg water
                                      "" reqU're *" °™'0**™ » m-* »b™« »- comply with a closurf plan



                                              federal UIC requiremenls rcsardins pre-closurc notifica»on only-

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     Appendix F




Sample Inventory Form

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/•   pc or print     armation  See reverse (or instructions
>•             INVENTORY OF INJECTION WELLS
 I     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
£       OFFICE OF GROUND WATER AND DRINKING WATER
	•  (Thi* iiifoimaimn a collected undei the aulhonly of the Site Dunking Wmltt Act I
            PAPERWORK REDUCTION ACT NOTICE
                                                                                               Form Approved.  OMB No. 2040-0042
                                                                              1. DATE PREPARED /*.,. **,„,„.
                                                                                      YR     MO    DY
                                                                                 2.  FACILITY ID NUMBER
                                                                              3. TRANSACTION TYPE (fie«e m,rk on. ofth. Mlowmgt


                                                                                      PI Entry Chwigar
                                                                                  f~) Replacement

                                                                              s \* '   ' % <  /s

                                                                          E. TOWNSHIP/RANGE
 A. NAME /fesr, //»/
 B. STREET ADDRESS/ROUTE NUMBER
                                                                                               I. NUMERIC
                                                                                                COUNTY CODE
                                                                                     J. INDIAN LAND
                                                                                       (mark 's'l   f~) Yes Q No
 6. LEGAL CONTACT;
 A. TYPE (mark 'x'

      OWNtH      OPCRATOK
B. NAME (last, first. & middto initiall
                                                                                   iiiiiiiiii
                                                                                     I. OWNERSHIP (mark '

                                                                                        PRIVATE       fj PUBLIC

                                                                                        STATE        fj FEDERAL
                                                                                           SPECIFY OTHER
 6.  WELL INFORMATION;
         B. NUMBER OF WELLS
                                           D. WELL OPERATION STATUS
                                                                        COMMENTS (Optional):
                                                                               OEO - Oagie*
                                                                               MIN - Minute
                                                                               SEC - Second
                                                                        COMM a Commercial
                                                                        NON-COMM - Non-Commercial
                                                                               SECT = Section
                                                                               1/4 SECT - Quarter Section
i PA r«.,. 7520-16
                                                                        AC E Active
                                                                        UC « Under Com liuctlon
                                                                        TA * Temporarily Abandoned
                                                                        PA «• Permanently Abandoned anJ Approved by Stale
                                                                        AN ° Permanently Abandoned and not Approved by Si.i.,

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 SECTION 1.  DATE PREPARED:  Enter date in order of year, month.
 and day.

 SECTION 2.  FACILITY ID NUMBER: in the fir* two spaces, insert
 the appropriate U.S. PC .ul Service State Code.  In  the third space, insert
 one of the following one letter alphabetic identifiers:
    D - DUNS Number.
    G - GSA Number, or
    S - State Facility Number.
 In the remaining spaces, insert the appropriate nine digit DUNS. GSA. or
 State Facility Number.. For example. A Federal facility (GSA - 123456789)
 located in Virginia would be entered as: VAGI23456789.
                                        Place an *x* in the applicable
 SECTION 3.   TRANSACTION TYPE:
 box.  Sec below for further directions.
   Deletion. Fill in the Facility ID Number.
   First Time Entry.  Fill in all the appropriate information.
   Entry Change.  Fdl in the Facility ID Number and the information that
   has changed.
   Replacement.

 SECTION 4.  FACILITY NAME AND LOCATION:
   A. Name. FiD in the facility's official or legal name.
   B. Street Address. Self Explanatory.
   C. Latitude.  Enter the  facility's latitude (all latitudes assume North
      except for American Samoa).
   D. Longitude.  Enter the  facility'. longitude (all longitudes assume Wot
      except for Guam).
   E. Township/Range. FBI in the complete township and range. The Gist
      3  spaces ate numerical  and the fourth is  a letter  (N,S.E,W)
      specifying a compass direction. A township is North or South of the
      baseline, and a range is East or West of the principal meridian (e.g.t
      132N.343W).                                            *
   F.  City/Town.  Self Explanatory.
   G. State. Insert the U.S. Postal Service State abbreviation.
   H. Zip Code. Insert the five digit zip code plus any extension.
 SECTION 4. - FACILITY NAME & LOCATION (Conrr'n v
    I.  Nnmenc County Coot- Insert the IUIIIIMM. county or      3
       the Federal Information ProMising ^*«~*««di Pubficatk      3
       Pub 6-1)  June  15.  1970. U.S. Department of Convtcrce.
       National Bureau of Standards.  For Alaska, use the Census
       Division Code developed by the U.S. Census Bureau.
   J.  Indian Land. Mark an "x" in the appropriate box (Yes or No)
       to indimtf if the facility is located on >«««<{•• im**i

 SECTIONS.  LEGAL CONTACT:
   A.  Type. Mark an 'x' in the appropriate box to indicate the type
       of legal contact (Owner or Operator).  For wells operated by
       lease, the operator is the legal contact.
   B.  Name. Self Explanatory.
   C.  Phone. Srtf P«
                                                                       D. Organization.  If the legal contact is an individual, give the
                                                                          name of the business organization to •a^^t'f*- mail distribution.
                                                                       E. Strcet/P.O. Box.  Self Explanatory.
                                                                       F. dry/Town. Self Explanatory.
                                                                       G. State. Insert the U.S. Postal Service State abbreviation.
                                                                       H. Zip Code. Insert the five digit zip code phis any extension.
                                                                       I.  Ownership..  Place an "x' in the  appropriate box to indicate
                                                                          uwnfiiship status.

                                                                    SECTION 6. WELL INFORMATION:
                                                                       A. Class and Type- Ful in the Class and Type of injection wells
                                                                          located at the listed  fccflfcy.  Use the most pertinent code
      (specified bdow) to

                                                                                                                     of injection
                                                                          welL For example, 2R for a Class 0 Enhanced Recovery Weil.
                                                                          or3M for a Class m Solution Mining Well, etc.
                                                                       B. Number of Commercial and Non-Commerml Weto. Enter
                                                                          the total  number of commercial and non-commercial w
                                                                          each Class/Tvpe, as applicable.
                                                                       C. Total Number of Wells.  Enter the total number of injewon
                                                                          wells for each tpfififfil Class/Type.
                                                                       D. Well Operation Status.  Enter the number of wells for each
                                                                          Class/Type under each operation status (see key on other side).
CLASS I   Industrial. Municipal, and Radioactive Waste Disposal Wells
           used to inject waste below the lowermost Underground Source
           of Drinking Water (USDW).

             Non-Hazardous Industrial Disposal WeU.
             Non-Hazardous Municipal Disposal WeU.
             Hazardous  Waste  Disposal  WeU  injecting  below  the
             lowermost USDW.                          '
             Radioactive Waste Disposal WeU.
             Other Class I Wells.  '
TYPE II
      1M
      1H

      1R
      IX
CLASS II  Oil and Gas Production and Storage Related Injection Wells.
TYPE 2A     Annular Disposal WelL
             Produced Fluid Disposal Well.
             Hydrocarbon Storage Well.
             Fnhnnced Recovery Well.
             Other Class H Wells.
     2D
     211
     2R
     2X
CLASS in
TYPE3G
      3M
             Special Process Injection Wells.
             In Situ r*mm\G~»t-mn Well.
             Solution Mining Well.
CLASS m (CoNT'o.)
TYPE 35     Sulfur Mining Well by rrasch Preceu
      3T     GeothermalWeU.
      3U     Uranium Mining Well.
      3X     Other Class m Wells.

CLASS FVWclls that inject hazardous waste into/above USDWs
TYPE 4H     Hazardous Facility Injection Well.
      4R     Remediation WeU at RCRA or CERCLA >,ic.

CLASS V Any Underground Injection WeU not included m Classes
          I through IV.

TYPE 5 A     Industrial WelL
      SB     Beneficial Use Well.
      5C     Fluid Return WeU.
      5D     Sewage Treatment Effluent WeU.
      SE     Cesspools (non-domestic).
      5F   . Septic Systems (non-domestic).
      5G     Experimental Technology WeU.
      SH     Drainage WelL
      51      Mine Backfill WeU.
      5J      Waste Discharge WeU.

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                        Appendix G




Guidance on the Delineation of Other Sensitive Ground Water Areas




                       (To be Added)

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                               Appendix H

Guidance on Determining the Status of Storm Water Drainage Wells Located at
                      Motor Vehicle Service Facilities

                              (To be Added)

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                           Appendix I

Guidance on the Conversion of Motor Vehicle Waste Disposal Wells to
                       Other Class V Wells

                         (To be Added)

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               Appendix J




Training Presentation Materials for the Rule

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              Appendix K




National Primary Drinking Water Standards

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                  National Primary Drinking Water Standards
Key
AL=Action Level
MCL=Maximum Contaminant Level
MCLG=Maximum Contaminant Level Goal
MFL=million fibers per liter
mrem/year=millirems per year (a measure of
             radiation absorbed by the body)
NTU=Nephelometnc Turbidity Units
pCi/l=picocuries per liter (a measure of
       radioactivity)
ppm=parts per million, or milligrams per liter
       (mg/l)
ppb=parts per billion, or micrograms per liter
ppt=parts per trillion, or nanograms per liter
ppq=parts per quadrillion, or picograms per liter
TT=Treatment Technique
National Primary Drinking Water Standards
Contaminant (units)
MCL
MCLG
Microbiological Contaminants
1 . Total Cohform Bacteria
2. Fecal coliform and E. coli
3 Turbidity
Radioactive Contaminants
4. Beta/photon emitters (mrem/yr)
5. Alpha emitters (pCi/l)
6 Combined radium (pCi/l)
presence of coliform bacteria in a 5% of
monthly samples
a routine sample and a repeat sample
are total coliform positive, and one is
also fecal coliform or E. coli positive
TT

4
15
5
0
0
n/a

0
0
0
Inorganic Contaminants
7. Antimony (ppb)
8. Arsenic (ppb)
9. Asbestos (MFL)
10. Barium (ppm)
1 1 . Beryllium (ppb)
12 Cadmium (ppb)
13. Chromium (ppb)
14. Copper (ppm)
15. Cyanide (ppb)
16. Fluoride (ppm)
17 Lead (ppb)
6
50
7
2
4
5
100
AL=1.3
200
4
AL=15
6
n/a
7
2
4
5
100
1.3
200
4
0

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National Primary Drinking Water Standards
Contaminant (units)
18. Mercury [inorganic] (ppb)
19. Nitrate [as Nitrogen] (ppm)
20. Nitrite [as Nitrogen] (ppm)
21 . Selenium (ppb)
22. Thallium (ppb)
MCL
2
10
1
50
2
MCLG
2
10
1
50
0.5
Synthetic Organic Contaminants including Pesticides and Herbicides
23. 2,4-D (ppb)
24. 2,4,5-TP [SilvexJ(ppb)
25. Acrylamide
26. Alachlor (ppb)
27. Atrazine (ppb)
28. Benzo(a)pyrene [PAH] (nanograms/l)
29. Carbofuran (ppb)
30. Chlordane (ppb)
31 . Dalapon (ppb)
32. Di(2-ethylhexyl) adipate (ppb)
33. Di(2-ethylhexyl) phthalate (ppb)
34. Dibromochloropropane (DBCP) (ppt)
35. Dinoseb (ppb)
36. Diquat(ppb)
37. Dioxin [2,3,7,8-TCDD] (ppq)
38. Endothall (ppb)
39. Endrin(ppb)
40. Epichlorohydrin
41 . Ethylene dibromide (ppt)
42 Glyphosate (ppb)
43. Heptachlor (ppt)
44. Heptachlor epoxide (ppt)
45. Hexachlorobenzene (ppb)
46. Hexachlorocyclopentadiene (ppb)
47. Lmdane (ppt)
70
50
TT
2
3
200
40
2
200
400
6
200
7
20
30
100
2
TT
50
700
400
200
1
50
200
70
50
0
0
3
0
40
0
200
400
0
0
7
20
0
100
2
0
0
700
0
0
0
50
200

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National Primary Drinking Water Standards
Contaminant (units)
48. Methoxychlor (ppb)
49. Oxamyl [Vydate](ppb)
50. PCBs [Polychlorinated biphenyls] (ppt)
51 . Pentachlorophenol (ppb)
52. Picloram (ppb)
53. Simazine (ppb)
54. Toxaphene (ppb)
MCL
40
200
500
1
500
4
3
MCLG
40
200
0
0
500
4
0
Volatile Organic Contaminants
55. Benzene (ppb)
56. Carbon tetrachlonde (ppb)
57. Chlorobenzene (ppb)
58. o-Dichlorobenzene (ppb)
59. p-Dichlorobenzene (ppb)
60. 1 ,2-Dichloroethane (ppb)
61. 1,1-Dichloroethylene(ppb)
62. cis-1 ,2-Dichloroethylene (ppb)
63. trans- 1,2-Dichloroethylene (ppb)
64. Dichloromethane (ppb)
65. 1 ,2-Dichloropropane (ppb)
66. Ethylbenzene (ppb)
67. Styrene (ppb)
68 Tetrachloroethylene (ppb)
69. 1 ,2,4-Trichlorobenzene (ppb)
70. 1,1,1-Trichloroethane (ppb)
71 1 ,1 ,2-Tnchloroethane (ppb)
72 Tnchloroethylene (ppb)
73. TTHMs [Total tnhalomethanes](ppb)
74 Toluene (ppm)
75 Vinyl Chlonde (ppb)
76 Xylenes (ppm)
5
5
100
600
75
5
7
70
100
5
5
700
100
5
70
200
5
5
100
1
2
10
0
0
100
600
75
0
7
70
100
0
0
700
100
0
70
200
3
0
n/a
1
0
10

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                                Appendix L

Handling Water Discharges From Automotive Service Facilities Located at Petroleum
           Marketing Operations by the American Petroleum Institute

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Handling Water Discharges
From Automotive Service Facilities
Located at Petroleum Marketing
Operations
API RECOMMENDED PRACTICE 1633
FIRST EDITION, JANUARY 1992
                       American Petroleum Institute
                       1220 L Street, Northwest
                       Washington, D.C. 20005

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                    SPECIAL NOTES


 1. API PUBLICATIONS NECESSARILY ADDRESS PROBLEMS OF A GEN

 m£tiN22?'  ^ RESPECr TO PARTICULAR CIRCUMSTANCES,
 LOCAL STATE, AND FEDERAL LAWS AND REGULATIONS SHOULD BE
 KtVltWED.
                        TO M*** '"3E DUTIES OF EMPLOYERS,
                °R SUPPLIERS TO WARN AND PROPERLY TRAIN
AND EQUIP THEIR EMPLOYEES. AND OTHERS EXPOSED, CONCERNING
                                           ,
TH^n^A^^ WSKS AND PRECAUTIONS, NOR UNDERTAKING
THEIR OBLIGATIONS UNDER LOCAL, STATE. OR FEDERAL LAWS.

L™2RMATION CONCERNING  SAFETY AND HEALTH RISKS AND
                   WITH a*51*07 TO PARTICULAR MATERIALS
                      BE OBTAINED ^OM THE EMPLOYER. THE

                          OF ™AT MATERIAL- OR ™E MA-
             API STANDARDS ARE REVIEWED AND REVISED. RE-

                       ** LEAST EVERY nVE YEARS. SOME-
                        OF UP TO TWO YEARS WILL BE ADDED
                   - THIS PUBLICATION WILL NO LONGER BE W
                AFTER ^ PUBLICATION DATE AS AN OPERATIVE
             OR' WHERE AN EXTENSION  HAS BEEN GRAFTED
     REPUBLICATION. THE STATUS OF THE  PUBUC^TON CAN BE

                  ™E API AUTH°R^G  DEPARTMENTlTElS
                -  A CATAL°G °F API PUBLICATIONS AND MATE-
                ANNUALLY AND UPDATED QUARTERLY BY API
1220 L STREET. N.W.. WASHINGTON, D.C. 20005.
                    IN ANY API RECOMMENDED PRACTICE IS
              u   GRANTING ANY RIGHT, BY IMPLICATION OR
             S? MANUFACTURE. SALE. OR USE IN CONNECTION
             APPARATUS, OR PRODUCT COVERED BY LETTERS
              Cop\nahi C 1992 Amencan Petroleum Institute

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                                FOREWORD

   In some automotive service facilities, bay drains used to dispose of wash or other
 waste water are connected to drywells. cesspools or septic systems rather than  to a
 sanitary sewer that leads to a waste treatment facility. It is possible for these waste
 waters to become contaminated with oil, grease, or other fluids  associated with
 servicing motor vehicles.
   Recent federal and state statutes  and regulations have put the increasing national
 concern about protecting the environment into the form of binding legal limitations on
 the disposal of these fluids.
   The purpose of this  recommended practice is  to help owners and operators of
 petroleum  marketing operations  respond  to these developments by  closing floor
 drains, drywells,  cesspools and septic  systems  that  are  subject  to a  risk  of
 contamination. It also describes procedures for cleaning bay floors when a floor drain
 cannot be reconnected to a sanitary sewer and, in consequence, is permanently closed.
   At the time this recommended practice was written. EPA and state policies toward
 these drains were undergoing continuing review. The appropriate government agen-
 cies should be consulted about applicable regulations and policies.
   API recommended practices may be used by anyone desiring to do so. Every effort
 has been made by the  Institute to  assure the  accuracy and  reliability of the data
 contained in them; however, the Institute makes no  representation,  warranty,  or
guarantee in connection with  this recommended practice and hereby expressly
disclaims any liability or responsibility for loss or damage resulting from its use, or
 for the violation of any federal, state, or municipal regulation with  which this
recommended practice may conflict.
   Suggested revisions  are  invited and should be submitted to  the director  of
Marketing, American Petroleum Institute, 1220 L Street, N.W., Washington D.C. 20005.

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                        CONTENTS

                                                        Page

SECTION 1-GENERAL
1.1  Purpose	  1
1.2  Affected Areas of Automotive Service Facilities	  1

SECTION 2-RELEVANT EPA PROGRAMS
2.1  Safe Drinking Water Act (SDWA)	  1
2.2  Resource Conservation and Recovery Act (RCRA)	  3
2.3  Clean Water Act (CWA)	  4

SECTION 3—GUIDELINES FOR TEMPORARY
            OR PERMANENT CLOSURE OF
            FLOOR DRAINS
3.1  General	  5
3.2  Site Investigation Phase	  5
3.3  Floor Drain Sealing Phase	  6
3.4  Reconnecting Floor Drains	  7

SECTION 4-GUIDELINES FOR CLOSING DRYWELLS
            AND CESSPOOLS
4.1  General	  7
4.2  Initial Testing	  8
4.3  Closure Procedure A	  8
4.4  Closure Procedure B	  8

SECTION 5-GUIDELINES FOR CLOSING SEPTIC
            SYSTEMS
5.1  General	 10
5.2  Initial Testing	 10
5.3  Closure Procedure C	 10
5.4  Closure Procedure D	 10

SECTION 6-FUTURE DISPOSAL OF NON-HAZARDOUS
            MATERIALS FROM DRAINS
6.1  General	 11
6.2  Handling Non-Hazardous Materials	 11
6.3  Compliance with All Applicable Rules	 11

SECTION 7-SERVICE BAY OPERATING PROCEDURES
7.1  General	 12
7.2  Handling Fluids	 12
7.3  Sealing Bay Floors	 12
7.4  Cleaning Bay Floors	 12

APPENDIX A-PROCEDURES FOR CLEANING BAY FLOORS
            AT AUTOMOTIVE SERVICE FACILITIES  .             15

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                                           API RECOMMENDED PRACTICE 1633
  [40 C.F.R. §  I44.1(g)(l)(ii).] EPA also classifies as
  injection wells septic systems used by multiple dwellings
  and communities,  and septic  systems used  by  non-
  residences to dispose of any wastes other than sanitary
  wastes. [40 C.F.R.  § 144.1(g)(l)(iv); 144.1(g)(2)(iii).]

  2.1.2  GENERAL CLASSES OF INJECTION WELLS
  2.1.2.1   EPA divides injection wells into five classes
  [40 C.F.R. § 144.6]:

 a.   Class  I wells are used  to inject hazardous waste,
 industrial waste, or  municipal waste beneath the lower-
 most formation containing, within  one-quarter mile of
 the well bore, an underground source of drinking water
 (USDW).                                    e
 b.  Class II wells are  used to  inject fluids  associated
 with production of oil and natural gas or fluids used for
 enhanced hydrocarbon recovery and" for storage of hydro-
 carbons which are liquid at standard temperature  and
 pressure.
 c.   Class III wells are used to inject fluids  for  the
 extraction of minerals.
 d.   Class IV wells  are used to dispose of  hazardous
 wastes  or  radioactive waste  into or  above  a USDW.
 (These wells have been banned since May  1985.)
 e.   Class V includes all injection wells not included in
 the other four classes.

 2.1.2.2  Automotive service facilities are  affected  by
 regulations governing  injection wells in Classes  IV and V.
 2.1.2.2.1   Class V Injection Wells

   Class V wells include drywells or septic systems used
 for service bay wastewater. roof and driveway stormwater
 runoff, and other  uses. The term does nor include holes
 not used for emplacement  of fluids (for  example, sub-
 merged turbine pump  pits). [40 C.F.R. § 144.1(g)(2)(v).]
 2.1.2.2.2  Class IV  Injection Wells

 2.1.2.2.2.1   Class IV wells are banned, except under
 limited circumstances not often relevant  to  automotive
 service facilities. [See RCRA § 3020.] Furthermore, any
discharge of hazardous waste into a well that is normally
classified as Class V  converts  that well into a forbidden
Class IV well. Consequently,  such discharges must  be
avoided.

2.1.2.2.2.2  EPA's definition of hazardous waste under
the  recently-re\ ised  toxicity characteristic  rule (see
2.2.2.2.2.1) is likel> to cause floor dram discharges that
 :ome into contact with fluids generated by automotive
sen-ice operations to  be  classified as characteristically
hazardous waste. As  a result,  j drxwell receivms such
   discharges would be  a Class IV  well.  Also, septic
   systems used by waste generators to dispose of hazardous
   waste are classified as Class IV  wells.  [40 C F R
               (iii). 144.6(d).]
  2.1.3  REQUIREMENTS GOVERNING CLASS V
         INJECTION WELLS
  2.1.3.1   Permits

    Class V wells are subject to permit by rule. This means
  that the owner or operator need not obtain an individual
  permit;  EPA has granted blanket permission for  the
  operation of all such wells. [40 C.F.R.  § 144.24.] The
  permit by rule is valid only as long as the owner  or
  operator complies with the requirement  imposed by the
  Agency that  the owner or operator  submit inventory
  information  about the well (see 2.1.3.2). [40 C.F.R.
  §  144.26.] Also, state governments or  EPA itself may
  require an owner to obtain an individual permit under
  some circumstances. [40 C.F.R.  §  144.25.]

  2.1.3.2  Inventory Information

  2.1.3.2.1   The owner or operator of a Class  V well
  should have submitted inventory information to the state
 or federal government within one year after approval of
 the state  program or  the  effective date  of the UIC
 program in the state. [40 C.F.R. § 144.26(a); 144.26(d);
  146.52. May  11. 1984.] This requirement now affects all
 states.  When  the UIC program was approved in a state,
 the director of the program was required to notify owners
 and operators of their duty to submit inventory informa-
 tion. EPAs regulations state that "the method of notifica-
 tion selected by the Director must assure that the owners
 or operators will be made aware of the inventory require-
 ment."  [40 C.F.R. § 144.26(c).]

 2.1.3.2^  Submission of inventory information in timely
 fashion is a condition of the authority to operate a Class
 V well without an individual permit. [40 C.F.R. § 144.26.]
 Any well owner or operator who has not submitted the
 inventory information  should  contact his or  her own
 attorney for advice.

 2.1.3.4   Injection of Fluids into Class V Wells

 2.1.3.4.1   The SDWA. as implemented by EPA regula-
 tions. forbids  the injection  into a Class V well of any
 fluid containing a contaminant  if doing so might endan-
ger drinking water sources  These  sources are endan-
gered if

a.  The injection might result in the presence of the
contaminant in underground water that supplies or might
reasonabl\ be expected to supply a public  water svstem.

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             HANDLING WATER DISCHARGES FROM AUTOMOTIVE SERVICE FACILITIES LOCATED AT PETROLEUM MARKETING OPERATIONS
 b.   The presence of the contaminant might cause a public
 water system to fail to comply with a national drinking
 water standard, or might in some other way adversely
 affect the health of  persons.  [SDWA §  1421(d)(2);
 40C.F.R. § 144.12.]

   A public water system is one that has at least 15 service
 connections or that supplies an average of 25 individuals
 with  water each day for at least 60 days of the  year
 [SDWA  §  1401(4); 40 C.F.R. § 141.2.]

 2.2   Resource Conservation and Recovery
       Act (RCRA)

 2.2.1  PROVISIONS OF RCRA MOST RELEVANT
       TO THIS RECOMMENDED PRACTICE

 2.2.1.1  RCRA governs the disposal of both hazardous
 and non-hazardous wastes. At present, stringent federal
 requirements govern wastes defined as  hazardous.  In
 addition. EPA has authorized many states to operate their
 RCRA programs, and any state possessing such authority
 may well  have requirements more stringent than the
 minimums imposed by the federal statute.

2.2.1.2  RCRA requirements are important to this rec-
ommended practice for the following reasons:

a.   Automotive service facilities must be aware of the
definition of hazardous waste so that they avoid illegal
discharges.
b.  The definition of hazardous waste and the require-
ments applicable to its  management may have a signifi-
cant impact on facility  operations.
c.   RCRA requirements may affect the practices used to
close and clean out some existing drains and drywells.
d.   A special provision of RCRA excludes  from its
coverage hazardous  wastes   that  are sent  to  POTWs
through sewers carrying domestic sewage. [40 C.F.R.
§ 261.4(a)(l).] This provision is discussed in 2.3.1.1.

2.2.2  DEFINITION OF HAZARDOUS WASTE

JL2.2.1   The definition of hazardous waste under RCRA is
a legally complex issue.  The brief discussion in  this
document will familiarize the reader with some of the key
concepts, but owners and operators  should consult with
their attorneys regarding  the status of any  particular
 wastes with which they are concerned

2.2.2.2  Two Categories of Hazardous Waste

  EPA recognize:. two basic  classifications of hazardous
 waste:

 a    Listed wastes
 b    Characteristic
 2.2.2^.1  Listed Wastes

 2.2.2.2.1.1  Listed  wastes include all wastes of a spt
 cific type or from specific sources that EPA has listed in
 40  C.F.R. §  261.31-.32. In  addition,  a number  of
 common commercial chemicals are classified as  listed
 hazardous  waste if they are discarded or intended to be
 discarded  by application  to  the land in  lieu  of their
 original intended use  (or when contained in products
 applied to the land in lieu of their original intended use).
 These chemicals are listed in 40 C.F.R. §  261.33. EPA
 rules also prescribe that a mixture of a listed waste and
 another waste, such as waste water, is also a listed waste.
 [40 C.F.R. § 261.3  (a)(2)(iv).] The rules  also provide
 that a waste generated by or derived from treatment,
 storage, or disposal for a listed hazardous waste is also a
 hazardous waste. [40 C.F.R. § 261.3 (c)(2).] They also
 state that a combination of a listed waste and some other
 substance,  such as soil  or a shop rag, must  be treated as
 hazardous waste (the "contained in" principle).
 2.2.2.2.1.2   For automotive service facilities, spent sol-
 vents are the most common category of listed wastes.
 Wastes consisting of spent solvents that are  on EPA's list
 must be handled and  disposed of in compliance with the
 rules governing hazardous waste. The facility owner and
 operator also  should  be aware that under some circuit
 stances  EPA  requires  that  rags, floor-sweeping com
 pound, or other debris  contaminated with spent solvent
 be treated as if  it were  hazardous waste. The owners or
 operators should consult their own attorney for specific
 advice on this point.
 2.2.2.2.2   Characteristic Wastes

 2^.2.2.2.1  Characteristic wastes include all wastes exhib-
 iting one of the characteristics of ignitability, reactivity.
 corrosivity,  or toxicity,  as defined in tests  specified by
 EPA. (40 C.F.R. § 261.20-.24; as corrected (for TC) at
 55 Fed. Reg.  26986 (June 29, 1990).]

2.2.2.2.2.2   For automotive service facilities, the char-
acteristics that commonly must be considered are toxicity
and  ignitability. Obviously,  wastes  from  the  use of
petroleum products sometimes are ignitable and  may
meet the critena for  ignitable hazardous wastes.  They
also  may fail  the test for the characteristic of toxicity
because of the presence of metals or of benzene. If either
of these  conditions  exists, it  is important that such
substances be handled as hazardous wastes.

2.2.2.2.2.3  Treatment  ot  characteristically hazardous
waste (lifters trom ihe  treatment of listed hazardous waste
in one  important  respect  As noted above,  under EPA
rules, if a listed hazardous waste is mixed with another
waste or  is combined with a substance such as  raes.
sweeping compound,  soil or other debris, the combina-

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                                        API RECOMMENDED PRACTICE 1633
tion must automatically be treated as hazardous waste. In
contrast, if a characteristically hazardous waste is com-
bined with a  waste or with  one of  the  substances
described above, the combination need not be treated as
hazardous waste unless the combination exhibits a char-
acteristic or unless the mixture contains a listed hazard-
ous waste. However, EPA does not  permit a generator of
characteristically hazardous waste to dilute the waste
deliberately to render it non-hazardous.

2.2.3 SMALL QUANTITY GENERATORS (SQGs)
2.2.3.1  Generators of less than 1000 kilograms (2200
pounds) per month of hazardous waste are not subject to
full RCRA requirements. Such  generators are divided
into two categories: Those  generating less than  100 kg
(220 Ibs) of hazardous waste in a month and accumulat-
ing no more than 1000 kg (2200 Ibs) at any one time (or
generating less than 1 kg (2.2 Ibs) per month of acutely
(that is. waste on a special EPA list [40 C.F.R. § 261.5(e)])
hazardous  waste  and  accumulating no more  than 1 kg
(2.2  Ibs) at any one time)  and those generating  100 to
1000 kg (220 to 2200 Ibs) of hazardous waste in a month.
Many marketing facilities are in one of these categories.

2.2.3.2  These  two  classes of small  generators  are
treated as follows.

2.2.3.2.1   Generators of less than 100 kg/month  are
conditionally exempt from most RCRA requirements.
[40 C.F.R. § 261.5(a).] The conditions  are that  the
generator  must  ensure that  waste is managed  by a
properly-licensed treatment  or  disposal facility, and
otherwise  handled as specified by EPA. [40 C.F.R.
§ 261.5(f)&(g).] The same provisions govern persons
who  generate less than 1  kg (2.2 Ibs) of acutely hazard-
ous waste per month,  and also accumulate no more than
1 kg (2.2 Ibs) at any one time [40 C.F.R. § 261.5(e)J.
2.2.3.2.2  Generators of 100 to 1000 kg (220 to 2200
Ibs) per month are subject to most RCRA requirements.
They must obtain EPA identification numbers, use mani-
fests, use only licensed transporters and disposal facili-
ties,  and  follow  DOT shipping requirements.  These
generators are. however, subject to somewhat relaxed
storage requirements as long as they do not accumulate
more than  6000 kg (13.200 Ibs) of hazardous  wastes for
more ihan 180 days (or 270 days if the  waste must be
shipped more than 200 miles). [40 C F R § 262.34(d)-(f) ]

2.3   Clean Water Act (CWA)

2.3.1  NATIONAL POLLUTANT DISCHARGE
      ELIMINATION SYSTEM (NPDES)
2.3.1.1  RCRA contains an imponani exception to its
definition  oi hazardous waste*  \\aMe«, that are sent to
 POTWs through sewers carrying domestic sewage are not
 covered by RCRA.  [40 C.F.R. § 261.4(a)(l).]

 2.3.1.2  The CWA (sections 307(b) and 402(b)(8)) per-
 mits POTWs to require industrial generators of wastes to
 pretreat hazardous wastes before discharging them into
 the sewer. EPA  has  set minimum standards  for this
 pretreatmem. [40 C.F.R. § 403, as amended, 55 Fed.
 Reg. 30128-31 (July 24, 1990).]

 2.3.1.3  A recent EPA regulation  [EPA, Final Rule on
 General Pretreatment and National Pollutant Discharge
 Elimination System  (NPDES) Regulations, 55 Fed. Reg.
 30082 (July  24,  1990)] under the Clean  Water Act
 contains two important provisions  affecting  automotive
 service facilities:

 2.3.1.3.1  A general prohibition on discharge of petro-
 leum and other oils in amounts that will interfere with or
 pass through the POTW. POTWs are to continue to work
 on developing exact limits to  implement this  require-
 ment. [55 Fed. Reg. at 30091-92. 30129.]
 2.3.1.3.2  A requirement that an industrial user (a
 category that includes automotive service facilities) notify
 the POTW, the state, and the EPA of  the discharge to
 POTWs of substances that would be classified as hazard-
 ous wastes if they were disposed of in  some other way.
 [55 Fed.  Reg. at  30099-105. 30131;  40  C.F.R.  §
 403.l2(p).] The user must submit this notification only
 once as long as  the nature of its discharges remains
 constant from month to month. If there is a substantial
 change, the  POTW must be notified  in advance. [40
 C.F.R. §403.12(j).]

 2.3.2   DISCHARGES OF STORM WATER FROM
       INDUSTRIAL ACTIVITIES
 2.3.2.1  A recent EPA regulation  requires permits for
 storm water discharges associated with industrial activity.
 [EPA. Final Rule on  NPDES Permit  Application Regula-
 tions for Storm Water Discharges.  55 Fed. Reg. 47990
 (Nov.  16.  1990).] For the most pan. industrial activity
 includes only activities classified by the government as
 Manufacturing .[Standard Industrial  Classification (SIC)
 Codes  20-39] or as  Extraction  and  Mining [SIC Codes
 10-14)] [55  Fed.  Reg at 48065-66.]

 2.3.2.2  Some facilities associated  with petroleum mar-
 keting operations are subject to the Storm Water Rule. In
addition to us general coverage of Manufacturing and
 Extraction and Mining, the rule covers  such  transporta-
tion facilities as railroads, truck terminals, buses, barges.
and airpoits  [SIC Codes 40-45). and  Petroleum Bulk

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            HANDLING WATER DISCHARGES FROM AUTOMOTIVE SERVICE FACILITIES LOCATED AT PETROLEUM MARKETING OPERATIONS
Stations and Terminals [SIC Code  5171], to the extent
that these  facilities  have "vehicle  maintenance shops,
equipment cleaning operations, or airport deicing opera-
tions."  [55 Fed.  Reg. at 48013/3-14/1, 48066/1.] The
portions of any  facility involved  in  "vehicle mainte-
nance" include those devoted to vehicle rehabilitation,
mechanical repairs,  painting, fueling and  lubrication.

2.3.2.3  The storm  water rule does  not now apply to
facilities encompassed by other SIC  Codes relevant to
petroleum marketing operations, such as:
a.   46 (Pipelines. Except Natural Gas).
b.   492 (Gas Production and Distribution).
c.   5172 (Petroleum and Petroleum Products Wholesal-
ers, Except Bulk  Stations and Terminals).
d.   55  (Automobile  Dealers and Gasoline  Service
Stations).
e.   75 (Automotive Repair, Services  and Parking).
 [55 Fed. Reg. at 48014/3-15/1.]

 2.3.2.4  EPA is required to conduct further studies of
 storm water discharges, and to issue additional regula-
 tions no later than October 1, 1992. [55 Fed. Reg. at
 47993/1.] Facilities in the SIC Codes listed in 2.3.2.3
 will be addressed by  these studies.  [55 Fed. Reg. at
 48015/1.] Consequently, persons in charge of marketing
 facilities should consider the possibility of future cover-
 age under the storm water rule in planning compliance
 with SDWA, RCRA, and other parts of CWA.

 2.3.2.5  Storm water sewers should be used only for the
 discharge of storm  water.  No  fluids associated with
 automotive service, including used oil, spilled product,
 antifreeze,  solvents, or windshield washer, should be
 placed in or flushed down a storm water sewer unless
 such action is covered by a NPDES permit.
                           SECTION 3-GUIDELINES FOR TEMPORARY
                         OR PERMANENT CLOSURE OF FLOOR DRAINS
3.1   General

3.1.1  Most automotive  service  facilities  have floor
drains  in  areas  used  for automobile  service.  In some
cases spills may have been  flushed  down  these floor
drains or  the drains used  to dispose of wastes such as
spent solvents and other chemicals that are now consid-
ered hazardous wastes under RCRA.  These  drains also
may have been  used  to dispose  of water-bearing oily
wastes that have not been listed or identified as hazardous
wastes in the past, but  that may be classified as character-
istically  hazardous wastes under the revised  toxicity
characteristic test.

3.1.2  Floor drains are typically connected to a dry well.
cesspool or septic system,  sanitary sewer, or  stormwater
sewer.

3.1.3  Any floor drain that may in the future receive
either listed hazardous waste or characteristically hazard-
ous  waste and  that   is now connected  to  a  dry well.
cesspool or septic system, or storm water sewer should be
disconnected and treated in one of the followma ways
a.   Connected to a sanitary sewer.
b.   Connected to a product recovery holding collection
system
c.   Connected to a storage tank
d   Closed temporarily, pending later reconnection to a
sewer or tank.
c   Closed permanent I>
3.1.4  The closure  program set forth  in this recom-
mended practice does not cover total site evaluation or
major site remediation. The owner or operator should
consult the regulatory authorities for its area to determine
whether such evaluation and/or remediation is necessary
or desirable.

3.2  Site Investigation Phase

3.2.1  The owner or operator of the automotive service
facility should  either select a  qualified contractor or
identify qualified internal personnel to perform a detailed
investigation.

3.2.2  Through on-site inspection and review of as built
drawings, the mvestigator(s) should determine the loca-
tion of all  floor drains  and other drains (such as sink
drains, roof,  canopy and car wash drains)  and of any
drywells. cesspools or septic systems, or storm water
sewers receiving drainage.

3.2.3  The mvestigator(s) should determine the recep-
tors and routing for all drains, including separators. The
mvestigator(s) may  use pipe locators, dyes, electronic
system locators, or other means,  and  should  be fully
qualified  and equipped for the investigation

3.2.4  For facilities having incomplete records, the investi-
gate r(s) should prepare a sketch of the facilities,  identify-
ing the locations and dimensions  of drams, drywells.
cesspools or septic s\ stems, and  lines

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                                          API RECOMMENDED PRACTICE 1633
 3.2.5   The investigators) should pay particular atten-
 tion to determining:

 a.   The  drainage  of sinks, outside drains  and other
 facilities that  might feed into  the same lines as floor
 drains. Otherwise, disconnecting a floor drain may result
 in  the  inadvertent  disconnection of drains that  could
 remain open.
 b.   Whether spent compressed air from pneumatic lifts
 or  from the compressor tank condensate releases dis-
 charges into the floor drain system or into injection wells.
 c.   Whether a syphon drain line is installed from  the
 bay separator to the used oil tank.
 d.   Whether trench drains exist inside service  bays.
 (These should be included on the sketch of the facilities.)
 e.   Any points of obvious contamination or other con-
 ditions that will influence floor drain disconnection.

 3.2.6   State or local building and plumbing codes may
 affect  the decision whether  to close  floor drains  or
 reconnect them to an alternative disposal facility. Codes
 sometimes  require that an automotive service bay  be
 equipped with a floor drain. The investigators) should
 check for the existence of such codes and determine their
 impact. The most important widely-used building  code
 ontaining such a provision is the code of the Building
 Jrdinance Code Association (BOCA), which is typically
 used in the northeastern pan of the U.S.

 3.3  Floor Drain Sealing Phase

 3.3.1   If owners or operators decide to close  the  floor
 drain, they should follow the procedures set forth in this
 subsection. If owners or operators decide to reconnect the
dram, they should follow the procedures set forth in 3.4.

3.3.2  The owner or  operator should arrange for a
 licensed contractor to  perform the dram closure. This
contractor  should  meet all of the  certification require-
 ments of the applicable state and local codes, including
the  building and plumbing codes. Properly experienced
and licensed owners or operators can function as their
own contractors.                                     *

3.3.3   The process of closing the dram will  generate
wastes that may be hazardous.  The contractor can either
arrange  for a qualified waste  disposal compan\ to be
on-site  to collect and  remo\e wastes generated during
 Jram closure or dispose of the waste personally  In either
 :ase. owners and operators should be aware of their o\vn
 :sponsibilities for ensuring that the waste is  properly
 landlcd. and  should exercise appropriate  supervision
 •ver the contractor and over any waste disposal company
  3.3.3.1   If  a waste  disposal company  is  used,  the
  contractor should ensure that it has all the licenses and
  permits  that are legally required of firms that handle
  hazardous waste and is equipped with appropriate and
  legally proper containers for transportation and storage.

  3.3.3.2   If the contractor's firm handles waste itself, it
  must be sure that it collects waste in appropriate contain-
  ers. All regulations applicable to storage and disposal of
  the waste must be followed.

  3.3.4  The EPA, Department of Transportation and local
  emergency or environmental office can provide specific
  information regarding  licensed waste disposal compa-
  nies, approved containers, approved disposal  sites, and
  any  other applicable regulations. As noted above, the
  owner or operator is ultimately  responsible for proper
  disposal of all wastes, and should carefully review all
 arrangements made by  the contractor to ensure compli-
 ance with regulatory requirements.

 3.3.5  It may be advantageous to segregate waste into
 separate containers according to its status as hazardous or
 non-hazardous waste. This may require analysis of the
 waste prior to removal (see 4.2).

 3.3.6  PROCEDURES FOR CLOSURE OF FLOOR
        DRAINS

 3.3.6.1  Initial Steps Applicable to Either Temporary
         or Permanent Closure
   The contractor should:

 a.   Pump out and  flush all  separators,  drains, lines
 (including lines leading  to a sanitary sewer), and recep-
 tors,  using equipment necessary to create clean surfaces
 and  prevent any future seepage of contaminating mate-
 rial.  If cleaning  materials are used,  they should not
 contain solvents
 b.   Clean any  points  of obvious  contamination and
 remove visible contamination or unsightly material.
 c.   Remove any open grates inside bays.
 d.   Place plumbers plugs in all dram discharge lines and
 clean outs.

 3.3.6.2 Further Procedures Applicable  to
        Temporary Closure
  The contractor should.

a.   Place a rigid screening material o\er the floor dram
discharge  outlet and secure so  as  to  prevent debris.
backfill or concrete from entering the piping

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              HANDLING WATER DISCHARGES FROM AUTOMOTIVE SERVICE FACILITIES LOCATED AT PETROLEUM MARKETING OPERATIONS
  b.   Backfill  with  clean sand or  gravel where  room
  permits and cap the floor drain with at least 2 inches of
  concrete, making the level even with the existing eleva-
  tion of the bay drain.
  c.   If there is insufficient room for backfill, prepare the
  floor drain for concrete adhesion and pour 2  inches of
  concrete.

  3.3.6.3  Further Procedures Applicable to
          Permanent Closure
   The contractor should:

 a.   Disconnect any oil siphon  lines from  both the
 oil/water separator and  the waste oil tank and  plug any
 openings. As  much of the line as  possible should be
 removed. Any remaining line should be plugged with a
 cement-based slurry such as  mortar. Any openings cre-
 ated in the waste oil  tank should be closed in accordance
 with  the  tank  manufacturer's recommendations with a
 bung plug or other device.
 b.  Reroute any spent air discharge lines to the outside
 rear wall or other appropriate place. Abandoned exposed
 piping should be removed. Any remaining piping should
 be plugged with mortar or similar material.
 c.   Fill  cleaned separators  and receptors with com-
 pacted clean sand to the bottom of the existing slab or
 cover. Water tamp is advisable for sand compaction.
 Other clean material which can be properly compacted,
 such as gravel, may be used as an alternative.
 d.   Pour concrete to grade in all separator and  receptor
 openings  to match the existing elevation of  the  bay
 drain.  Match the dimensions  and finishes of adjoining
 components.

 3.3.6.4  Further Procedures Applicable to
         All Closures
   The contractor should:

 a.  Recognize that  bay floor concrete capping is  not
 usually  required, but that any concrete  cap mstalled
 should be poured level or with minimal slope down to the
 bay door.  Permanent adhesion of the concrete cap to the
   existing structure should be ensured. This may requir
   cleaning,  etching, roughening, drilling, or the use of
   special materials.
   b.   Test operation of remaining drains and discharge
   points.
   c.   Sample, analyze and dispose of all waste liquid,
   sludges, and solids in accordance with federal, state, and
   local requirements (see 4.2). Waste material must be trans-
  ported to an appropriate disposal site by a qualified waste
  transporter. If waste is deemed hazardous by regulatory
  authorities, it is to be transported to an approved hazard-'
  ous waste  Treatment/Storage/Disposal (T/S/D) site. All
  required manifests must be completed and submitted.

  3.4   Reconnecting  Floor Drains

  3.4.1   If sealing  a floor drain is not practical, then one
  of the following options must be chosen for any drain that
  may receive hazardous wastes.

  3.4.1.1  The drain can be connected to a sanitary sewer
  connected to a POTW. If this option is used the owner or
  operator should be aware of reporting and pretreatment
  requirements described in 2.3.1, and of any local pre-
  treatment requirements.

  3.4.1.2 The drain can be connected to a product recov-
  ery holding collection system consisting of an oil/water
  separator and appropriate facilities for storing or dispos-
  ing of residual water. The recovered product would be
 recycled.

 3.4.1.3  The drain can be connected to a storage tank.  If
 this option is used,  the owner or operator should be aware
 of the requirements governing Hazardous Waste Storage
 Tanks, of the requirements governing Underground Stor-
 age Tanks that hold petroleum or hazardous substances,
 of the limitations on the time for which hazardous waste
 can be stored, of the likelihood that additional hazardous
 waste will be generated that will need disposal,  of the
 requirements necessary to maintain the status of a Small
 Quantity Generator  (SQG). and  of manifesting and
 transportation requirements.
         SECTION 4-GUIDELINES FOR CLOSING  DRYWELLS AND CESSPOOLS
4.1   General

  Ser\ icmc automobiles often involxes the use of chemi-
cal  substance* that are  the subject of national dnnkma
water standards or that, when discarded, may be classf-
fied  as  hazardous waste. If a  floor dram exists these
substances are quite likely to he discharged into  it The
result is that any Class V well connected'to a floor dram
at an automotive service facility has the potential  to
receive injections of fluids that should not be placed in a
Class V well (see 2 I  3 4) or to become a banned Class
IV  well used to dispose  of hazardous waste  Conse-
quently, any Class V  well connected to  a  floor dram
should be closed in accordance ihe procedures described
in this sccuon

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                                           API RECOMMENDED PRACTICE 1633
   If  wastes  that  were  listed  as hazardous  wastes or
identified as characteristically hazardous wastes at the
time of their disposal have been injected into the drywell
or cesspool, then the well is a Class IV well  and is not
covered by this recommended  practice. [See 40 C FR
§  I44.6(d).]


4.2   Initial Testing

   Collect samples  from  both the  liquid  and  sludge
phases  of the  oil/water separator and the drywell  or
cesspool in accordance with the procedures described in
40 C.F.R. Pan 261. Appendix I  ("Representative Sam-
pling Methods").  The samples should be analyzed to
determine whether they are characteristically hazardous
waste, as defined by EPA in 40 C.F.R. §  261.  The
characteristics that should be tested for are:

a.    Igmtability. which exists  if  the flashpoint of  the
substance is less  than  140°F. as determined  by  the
methods described in 40 C.F.R. § 261.21.
b.    Toxicity. which exists if the concentration level of
any of 40 designated contaminants  exceeds the levels
specified  in 40 C.F.R.  § 261.24. The procedure  for
testing for toxicity can be found at  40 C.F.R. §  261
 Appendix II. as corrected at 55 Fed.  Reg. 26987 (June
29. 1990). The toxicity test should  be conducted  for
volatile organic chemicals and metals,  which are the
contaminants likely to be found in drywells or cesspools
at  automotive service facilities.

N'ote  It other chemical  substances named in 40 C.F.R. § 261.24
• pesticide* or herbicides, for example) have been used on-site. and "f there
i* any reasonable possibility that residues may have been flushed into the
dryuell or cesspool, these substances should also be tested for.


4.3    Closure Procedure A

4.3.1   After the initial  testing is concluded.  Closure
Procedure A should be used if none of the following
conditions exist:

a.    An aquifer that is a sole source  of drinking water
underlies the drywell or cesspool.
b.    A  potable  water well is  within 300 feet  of  the
drywell or cesspool.
     A  non-potable  water  well is located on-site and
produce* water with a Total Dissolved Solids (TDS) level
of less than 10.000 pans per million. EPAs UIC Program
classifies  as an  underground source of dnnkms  water
•L'SD\V) any aquifer that supplies a public water'system
 PWS) or  which contains a sufficient quantity to supply a
PWS and which  currently either provides water  for
uiman consumption  or contains fewer than 10 000 mo/I
TDS  [40 C.F.R. §  144 3.]
 d.   Any of the samples analyzed pursuant to 4.2 exhib-
 its a hazardous characteristic.

   If any of the above conditions do exist, the owner or
 operator should follow the procedure described in 4.4.

 4.3.2  Remove liquids and sludges from the drywell or
 cesspool. This material can be discarded as solid, non-
 hazardous waste.

 4.3.3  If the drywell or cesspool is no longer needed for
 drainage from sources other than floor drains (such as
 roof stormwater runoff), it should be backfilled in accor-
 dance with applicable local regulations and the disturbed
 area restored to its original condition. Prior to continued
 use, a drywell should be inspected and  its structural
 integrity confirmed by a qualified expert.

 4.4   Closure Procedure B

 4.4.1   After the initial  testing  is concluded.  Closure
 Procedure B should  be used  if any  of the following
 conditions exist:

 a.   An aquifer that is a  sole source of drinking water
 underlies the drywell  or cesspool.
 b.   A potable  water well  is  within  300  feet  of the
 drywell or cesspool.
 c.   A non-potable water well is located  on-site and
 produces water with a  TDS level of less than 10.000 parts
 per million.
 d.   Any of the samples analyzed pursuant to 4.2 exhib-
 its a hazardous characteristic.

 4.4.2  Remove  liquids and any sediments (such as
 sludge  or din) from the drywell  or cesspool. This
 material  should be  handled and discarded  as either
 non-hazardous waste or as hazardous waste, according to
 the results of the analysis  conducted pursuant to 4.2.

 4.4.3  Collect a sample of the soil from underneath the
 drywell or cesspool.  If a  drywell or cesspool contains
 rock or gravel  fill, which is demonstrated to be non-
 hazardous, a hole can be drilled through the fill to a point
 below the level of the  bottom of the drywell or cesspool.
 If it  does not contain fill, a grab sample can be taken
 from the bottom after the removal of any of the sediments
 described in 4 4.2.

 Note  If soil boring equipment i« required  see 5 4 3 and 544

 4.4.4  Analyze the soil sample according to the proce-
dures set forth in 4 2.

4.4.5  If the soil sample  doe\  not exhibit  a hazardous
characteristic, then Subprocedure B-l (described in 4.4.6)

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              HANDLING WATER DISCHARGES FROM AUTOMOTIVE SERVICE FACUJTIES LOCATED AT PETROLEUM MARKETING OPERATIONS
 should be followed.  If the soil sample  does exhibit a
 hazardous characteristic, then Subproceduie B-2 (described
 in 4.4.7) should be followed.

 4.4.6   SUBPROCEDURE B-1

 4.4.6.1  If the soil does not exhibit a hazardous charac-
 teristic, then the procedures set forth in this subsection
 should be followed.

 4.4.6.2  Clean out the drywell or cesspool in one of the
 following ways:

 a.    If the  drywell or cesspool  contains rock or gravel
 fill, the recommended procedure, unless otherwise required
 by the controlling  regulations, is to use a small steam
 generator to clean  the  fill material. Liquid and sludge
 generated  as a result of this process  should then  be
 removed. Fill  material can be left in place to provide
 structural support for the drywell or cesspool.
 b.    If the  drywell or cesspool  does  not contain fill
 material, the recommended procedure, unless otherwise
 required by the controlling regulations,  is to ensure the
 removal of the sediments described  in 4.4.2.

 4.4.6.3  If the drywell or cesspool  is no longer needed
 for drainage from sources other than floor drains (such as
 roof stormwater runoff), it should be backfilled in accor-
 dance with applicable local regulations and the disturbed
 area restored to its original condition. Prior to continued
 use.  a  drywell  should  be  inspected and  its  structural
 integrity confirmed  by a qualified expert.

 4.4.7  SUBPROCEDURE B-2

4.4.7.1   If the soil  exhibits a hazardous characteristic.
then the following procedures should be  followed:

4.4.7.2   Clean any fill material, as prescribed in subsec-
tion 4.4.6.2. Liquid and sludge generated as a  result of
this process  should then  be removed.  The owner or
operator can  either  simply  assume  that  this material is
hazardous waste and handle it accordingly, or can have it
analyzed and  thereafter treat it  as  hazardous  or non-
hazardous waste as dictated by the results  of the analysis.
  4.4.7.3  Remove the cleaned fill. If rock or gravel fil
  has been steamcleaned properly, it should not exhibit a
  hazardous characteristic, and  it need not  be treated as
  hazardous waste.

  4.4.7.4  Remove visibly contaminated soil.  The owner
  or operator can either simply assume that this material is
  hazardous waste and handle it accordingly, or can have it
  analyzed and thereafter treat  it as hazardous or non-
  hazardous waste as dictated by the results of the analysis.

  4.4.7.5  Bore a hole in the bottom of or immediately
  adjacent to the drywell or cesspool to a depth of five feet
  below the bottom and remove a sample of soil and ground-
  water (if groundwater is present) for analysis to determine
  the extent of any vertical subsurface soil contamination.

 4.4.7.6  Samples should be sent to a certified analytical
 laboratory and analyzed in the manner specified in 4.2.

 4.4.7.7  If the soil and/or groundwater samples exhibit a
 hazardous characteristic, additional soil borings  should
 be placed five  feet laterally out from the drywell  or
 cesspool to determine the extent of any areal contamina-
 tion. These borings  also should be five feet below the
 level of the bottom of the drywell  or cesspool. Care
 should  be taken to ensure that borings do  not create a
 pathway to the water table. This can be done by plugging
 the hole as soon as the sample has been taken.

 4.4.7.8   The program of soil and groundwater sampling
 described in 4.4.7.5  through 4.4.7.7 should define the
 extent of any subsurface  contamination and should assist
 in the development of a plan  for monitoring, contain-
 ment, and/or remedial action. Any further investigation
 and remedial action plans would need to be developed on
 a site-specific basis. Insofar as the substances of concern
 are petroleum products, useful information for the prepa-
 ration of such a plan can be found in API Publication 1628.

4.4.8  GOVERNMENT  APPROVAL

  Throughout these processes, the owner or contractor
should obtain appropriate  EPA. state, and local approvals.

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 10
                                           API RECOMMENDED PRACTICE 1633
                  SECTION 5-GUIDELINES FOR CLOSING SEPTIC SYSTEMS
 5.1   General
   As noted in 4.1, servicing automobiles often involves
 the  use of chemical substances  that are the subject of
 national drinking water  standards  or that,  when  dis-
 carded, may be classified as hazardous waste. If a floor
 drain exists  these  substances are  quite  likely  to be
 discharged into it. The result is  that any septic system
 connected  to a  floor drain at an  automotive  service
 facilit>  has the  potential  to receive injections of fluids
 that should not be placed in a Class V well (see 2.1.3.4)
 or to become a prohibited Class IV injection well used to
 dispose of hazardous waste.  Consequently, any  septic
 system connected to a floor drain  should be closed in
 accord with one of the two procedures described in  this
 Section.
   If wastes  that  were listed as hazardous  wastes or
 identified as characteristically  hazardous wastes at  the
 time of their disposal have been injected into the septic
 system, then the system would be regarded as a Class IV
 well and is not covered by this recommended practice.
 (See 40 C.F.R. §  144.l(g)(l)(iii). 144.6(d).]

 5.2  Initial Testing
  Collect samples from  both the  liquid  and sludge
 phases of the oil/water separator and the septic tank. The
 sample* should be collected and analyzed following  the
 same procedures as those  prescribed for drywellb" and
cesspools in 4 2.

5.3  Closure Procedure C
5.3.1  After the initial  testing  is  concluded. Closure
 Procedure C should be used if none of the  following
conditions exist:

a.   An aquifer  that is a sole  source of drinking water
underlies the septic system.
b    A potable water well is within 300 feet of the septic
system
c    A non-potable  water  well is located on-siie and
produces water with a TDS level of less than 10.000 pans
per million.
d    The samples anal \ zed pursuant subsection 5 2 exhibit
j hazardous characteristic
 It cim .»i the  ahoxe conditions do exist, the  owner or
• >perator should toliow  the procedure described in 5 4

5.3.2  Remove  liquids and  sludges from  the  septic
 -\Mern  This material  can  be discarded as  solid  non-
.l.l^JIC.'ll^ \\JsIC
  5.3.3  If the septic system is no  longer needed  for
  drainage from sources other than floor drains, it should
  be backfilled in accordance with applicable local regula-
  tions and the  disturbed area  restored to  its original
  condition. Prior to continued use, the septic tank should
  be inspected and  its structural integrity confirmed by a
  qualified expert.

  5.4  Closure  Procedure D

  5.4.1  After  the  initial testing  is concluded. Closure
  Procedure  D  should be used  if any of the following
 conditions exist:

 a.   An aquifer that is a sole source of drinking water
 underlies the septic system.             —
 b.   A potable water well is within 300 feet of the septic
 system.
 c.   A non-potable  water  well  is located on-site and
 produces water with a TDS level of less than 10,000 pans
 per million.
 d.   Any of the samples analyzed pursuant to 5.2 exhib-
 its a  hazardous characteristic.

 5.4.2  Remove liquids and sludges from the septic
 system. This  material should be  handled and discarded
 as either non-hazardous waste or as hazardous waste,
 according  to the results of the analysis  conducted pur-
 suant to 5.2.

 5.4.3 Collect  samples of the soil and groundwater (if
 groundwater is  present) from directly  beneath the septic
 tank or immediately  adjacent to it at two points:

 a.   Immediately below the level of  the bottom of the
 tank.
 b.   About five feet below the level of the bottom of the
 tank. (Care should be taken to ensure that borings do not
 create a pathway to the water table. This can be done by
 plugging the hole as soon as  the sample has been taken.)

 Note The reason for taking this second sample is  that it will be necessary
 to lake such a sample if the soil or groundwater immediately below the
 septic  tank exhibits a hazardous characteristic  Therefore  it is most
 elficiem -.imply to take  this second sample at the outset, when the soil
 bonns  equipment is already on-siie and a hole has been drilled to the level
 nt the  bottom of the tank  Otherwise the equipment would  have to  be
 brought ruck 10 re-drill essentially the -.ame hole

 5.4.4   -\nalx ze  the soil and groundwater samples accord-
 ing to the procedures set forth in 5 2

 Note It the Njinples trum immeduielv below ihe level of the bottom  of
ihe Link di> nut exhibit j hj7.inlnus iharucterMic  neither udl the samples
•ri'in n\e loci ilimn  Hnuoior n IN must efficient in h.n«: jll samples
       ji IUK nine

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               HANDLING WATER D.SCHARGES FROM AUTOMOTIVE SERVICE FACILITIES LOOPED AT PETROLEUM MAHKETOIG OPERATONS
                                                                                                         11
  5.4.5   If none  of the  soil and  groundwater samples
  exhibits a hazardous  characteristic, then Subprocedure
  D-l (described in 5.4.6) should be followed. If any of the
  soil and groundwater  samples does exhibit a hazardous
  characteristic, then Subprocedure D-2 (described in 5 47)
  should be followed.

  5.4.6   SUBPROCEDURE 0-1

  5.4.6.1   If none of the  soil and groundwater samples
  exhibits a hazardous  characteristic, and  if the septic
  system is no longer needed for drainage  from sources
  other than floor drains, it should be backfilled in accor-
  dance with applicable local  regulations and the disturbed
  area restored to its original  condition.

  5.4.6.2  If the septic  system is to continue in use, it
  should be inspected and its structural integrity confirmed
  by a qualified expert.

  5.4.7  SUBPROCEDURE  D-2

 5.4.7.1   If any  of the soil or groundwater samples
 exhibits a hazardous characteristic, then the  following
 procedures should be used.

 5.4.7.2  The  pattern  of contamination should be ana-
 lyzed as follows:

 a.   If the sample(s) from immediately below the tank
 exhibit  a hazardous characteristic, and the sample(s)
   from five feet below this level do not, then the contair
   nation is limited and a remedial action  plan can be
   devised accordingly, as described in 5.4.7.4.
   b.   If the sample(s) from five feet below the level of the
   tank exhibit a hazardous characteristic, then additional
   soil borings should be made five feet laterally out from
   the septic tank to determine the extent of any  areal
   contamination. These borings should also be five feet
   below the level of the bottom of the tank. (Again, care
   should be taken to ensure that borings do not create a
  pathway to the water table.)

  5.4.7.3  Samples  should be  sent to a  state-certified
  analytical laboratory and analyzed in the manner speci-
  fied in 5.2.

  5.4.7.4  The program of soil and groundwater sampling
  described above in 5.4.7.1 through 5.4.7.3 should define the
  extent of any subsurface contamination and should assist in
  the development of a plan for monitoring, containment,
  and/or remedial action. Any further investigation and reme-
  dial action plans would need to be developed on a site-
  specific basis.  Insofar as the substances of concern are
 petroleum  products, useful information for the prepara-
 tion of such a plan can be found in API Publication 1628.

 5.4.8  GOVERNMENT AGENCY APPROVAL
   Throughout these processes, the owner or contractor
 should obtain appropriate EPA, state, and local approvals.
   SECTION 6-FUTURE DISPOSAL OF NON-HAZARDOUS MATERIALS FROM DRAINS
6.1    General

  Closing  a Class V well may eliminate the facility's
method for disposing of water from drains handling such
non-hazardous effluents as storm water, snow-melt, ser-
vice bay hand sink drainage, or condensates from air
conditioners or steamtraps.

6.2    Handling Non-Hazardous Materials
  Four alternatives for handling  this water are:
a.    Divert it to surface runoff."
 b.   Connect the drainage  to  the  storm  water  drain
 system.
 c.   Connect the drainage to the sanitary sewer system.
 d.   Discharge it into a properly designed, constructed
 and permitted dry well.

 6.3   Compliance with All Applicable Rules
  Any alternative selected must be conducted in compliance
with all applicable rules governing NPDES, State Pollutant
Discharge Elimination Systems (SPDES). discharges into
POTWs. the UIC program, and storm water discharges.

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 12
                                          API RECOMMENDED PRACTICE 1633
                    SECTION 7-SERVICE BAY OPERATING PROCEDURES
 7.1   General

   This section sets forth operating procedures to be used
 in service bays once the floor drains have been sealed or
 when there is a  need to minimize drainage to a holding
 tank or POTW.

 7.2   Handling Fluids

 7.2.1   Maintenance and repair of motor vehicles gener-
 ates  four different types of waste fluids. Each  of these
 types must be kept separate from the others and handled
 differently. Regulations governing them may vary from
 state to state and city to city.

 7.2.2  The four  specific fluids are:

 72.2.1  Lubricating and hydraulic fluids. These include
 motor oil. transmission  fluid,  gear oil, power  steering
 fluid, and brake  fluid. These fluids should be captured
 and stored in waste oil containers until picked  up by a
 recycler.  If  they are  not recycled,  they  may require
 disposal as a hazardous waste as a result  of the recent
 revisions in the TC test or under local or state rules.

72.22  Coolant and antifreeze drained from radiators.
These fluids should be stored in marked metal containers.
They are recyclable, and can be held for a recycler. recycled
on-site (with special  equipment), or  sent  to a waste
disposal  facility. Radiator flush water containing de
mtnimis amounts of  antifreeze  may  be  disposed of
through a sanitary sewer or a storm drain if the practice is
permitted locally.

72.2.3   Cleaning solvents. Many common solvents
become listed hazardous wastes once they are spent. All
washing and cleaning of pans should be performed in a
self-contained, recirculating solvent sink. Used solvents
should be picked up by a properly licensed disposal or
recycling company. Solvents should never be disposed of
by mixing with used oil. If they are not recycled, solvents
may require disposal as a hazardous waste as a result of
the recent revisions in the TC test or under  local  or state
rules.

7.22.4  Gasoline. Gasoline drained from tanks or engines
should be stored m appropriate,  clearly-marked metal
containers Quantities in excess of 10 gallons should not
he kept  within the  building. Gasoline should  not  be
 mixed with any other category  of fluids. Clean,  uncon-
tammated  gasoline may be used in  service vehicles or
 returned to product storage  Contaminated gasoline should
be disposed of as u hazardous waste.
  Note: If gasoline is it-used, great care must be taken to ensure that it is in
  fact uncomaminated. and that it is not mixed with the wrong grade or type
  of product. Some marketers regard the risk of inappropriate mixing (such
  as putting leaded gasoline into an unleaded tank) as too great, and do not
  re-use gasoline drained from tanks or engines.

  72.3   In the future, minor leaks  and spills should  be
  cleaned up immediately. Inert absorbent material, such as
  granular clay-based  or cellulose-based  absorbents  or
  specially formulated absorbent pads, can  be obtained
  from local suppliers.  Used absorbent materials should be
  disposed of in  accord  with  federal,  state  and local
  requirements.  The owner or operator should be aware
  that some jurisdictions may classify such  materials  as
  hazardous wastes.

 7.3   Sealing  Bay Floors

 73.1  The  operator  of  an  automotive  service facility
 may find that sealing bay floors  helps maintain a clean
 workspace. The procedures to follow are:

 a.   Wash  down  bays by  using  a  mop  to  apply  a
 biodegradable  emulsifier/degreaser.  Rinse  with  a  wet
 mop and let dry.
 b.   Acid etch the bay floors with a solution of muriatic
 (hydrochloric) acid and water.

 WARNING: Muriatic  acid is irritating to the skin, eyes,
 and lungs. Use protective clothing and exercise extreme
 caution.

 c.   Apply high pressure wash to remove thoroughly any
 spent residue from the concrete. Use a biodegradable
 washing solution, rinse with clear water and let dry.

 Note When a high pressure wash is being used, cover all electrical outlets
 and equipment and shut off  power to bays to reduce the risk of electrical
 shock.

 d.   Apply concrete sealer over entire floor according to
 manufacturer's specifications and  follow instructions for
 recommended cure time.

 7.3.2  The above procedures  are typically used for new
 floors. They may be  unsuccessful when  used on  older,
 hard-to-clean floors.

 73.3  Sealing  bay floors should be performed  by  a
 qualified contractor. The contractor should ensure that all
 wastes from the initial washing, the etching process, and
 the sealing process are collected and disposed  of properly.

7.4   Cleaning Bay Floors

74.1   Hoses should not be used to flush bay  floors. The
resulting  waste water  may contain traces of petroleum

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             HANDUNG WATER DSCHARGES FROM AUTOMOTIVE SEPVCE FACILITIES LOCATED AT PETROLEUM MARKETING OPERATIONS
                                                                                                             13
hydrocarbons or toxic materials. Improper discharge of
large amounts of this waste  water (such  as letting the
water run onto a driveway), could result  in soil and/or
surface and groundwater contamination.

7.4.2  Bay floors should be mopped with a bio-degradable
floor detergent and limited amounts of water. Any accu-
mulation should be recovered by a  wet vacuum or mop
Depending on the levels of contaminants present in the
recovered fluid,  and depending on applicable state or
 local regulations, this material  may be classified i
 hazardous  waste and subject  to all  hazardous waste
 requirements. The  only way to  be certain is through
 laboratory tests of the waste material. For this  reason,
 every effon should be made to minimize spills and to
 clean up any spilled material immediately.

 7.4.3  A detailed procedure for  cleaning  service  bay
floors at automotive  service facilities  is set forth in
Appendix A.

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                 APPENDIX A-PROCEDURES FOR CLEANING BAY FLOORS
                              AT AUTOMOTIVE SERVICE FACILITIES
 A.1   General

   This Appendix prescribes a methodology for perform-
 ing maintenance cleaning of service bay floors having no
 drains for effluent discharge. It applies equally to sealed
 or unsealed concrete floors.
   These procedures may  not  be acceptable in some
 states, so owners or operators must consult the appropri-
 ate authority or advisors. Businesses must also continu-
 ally evaluate federal EPA, state, and local laws  and
 regulations concerning the disposal of spent absorbents
 and absorbed rinse waste water.

 A.2   Maintenance

   Special emphasis should be placed on work practices
 which minimize or eliminate spills of petroleum and
 other automotive products in service bays.
   Minor spills should be cleaned immediately by apply-
 ing an approved absorbent and disposing of it properly, as
 described in A.2.2.6.
   Water should not be used to wash down bay floors in a
 flushing-type  operation.  The resulting wastewater may
 contribute to soil and/or groundwater contamination.
   All cleaning materials should be stored away from
 batteries, bleaches, or other caustic materials.

 A.2.1  ABSORBENTS

   In selecting absorbents,  health,  safety  and environ-
 mental characteristics are of primary  importance. Fur-
 ther,  persons  handling  the absorbents should follow
 general safety precautions. A person should avoid breath-
 ing absorbent dust and wear impermeable rubber gloves
 when removing  the contaminated material from the
 stained area.  (Disposable latex and polyvinyl acetate
 gloves are not recommended.) The following procedure
 should be 'used:

 a.   Absorb minor  spills of petroleum or  water-based
 products with absorbents. A number of good absorbents
 are sold  commercially.  The manufacturer's directions
 should be followed carefully.
b.   Place the absorbent directly on the entire spill area
 immediately after the incident occurs.
c   Used absorbent should  be swept up immediately to
prevent its loss and to reduce the risk of accidents.
d.   Disposal of the spent absorbent will depend on the
 material and its classification under federal, state and
 local  laws and regulations, and  it is  the owner  or
operators responsibility to classify the waste for disposal
purposes.  The appropriate  authorities and advisors should
  be consulted. In general, there are two categories— non-
  hazardous and hazardous waste.

  A.2J  MOPPING PROCEDURE
  A££.1   General Safety  Precautions

  A.2.2.1.1  Persons  performing the mopping procedure
  should take general safety precautions, and wear imper-
  meable rubber gloves and eye protection while mopping.
  (Disposable  latex and polyvinyl acetate gloves are not
  recommended.) Adequate ventilation should always be
  provided.

  A.2^.1.2 The manufacturer's  warnings on any clean-
  ing agents used should be  read and carefully complied
  with.

  A.2.2.1 .3 The operator should comply with all applica-
  ble occupational safety and  health requirements imposed
  by federal and state agencies, including requirements for
 hazard communication promulgated by the federal Occu-
 pational Safety and  Health Administration [29 C.F.R.
 § 1910.1200] and by any comparable state  laws.

 A22.2   Preparing the Cleaning Solution
           Begin with a maximum of 0.7S gallons of
 water per service bay, where a bay consist of 350 square
 feet.

 A.2.2.2.2  A number of good cleaning agents are sold
 commercially. The manufacturer's directions should be
 followed carefully, and the cleaning agent added to the
 water in proper amounts.

 A.2.2.2.3  If recommended by the  manufacturer of the
 cleaning agent,  full strength cleaner can be  applied
 directly to heavily soiled and  stained areas.  The maxi-
 mum amount used  should  be 6 ounces  per  bay  per
 application,  unless a lesser amount is directed by the
 manufacturer.

 A.2.2.3  Wet Mop Application

 A.2.2.3.1   Use absorbent to remove all spills containing
 free liquids prior to mopping. Sweep the floor to collect
 any absorbent or dirt accumulation.

 A.2.2.3.2   Apply cleaning  solution with a wet mop
evenly to entire floor surface  Conserve solution so entire
area  max  be wet   Apply  any remaining solution  to
heavily soiled areas.

A.2.2.3. 3  Agitate the solution on floor surface immedi-
ately with  a heavv dutv  brush or broom.
                                                  15

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 16
                                          API RECOMMENDED PRACTICE 1633
 A.2.2.3.4   Let the  solution sit  on the surface for an
 adequate  time (as recommended by the manufacturer)
 from the time of first application before proceeding.

 A.2.2.4   Dry Mop Rinsing

 A.2.2.4.1   Begin with 0.5 gallon clean water per bay
 and a clean mop.

 A.2.2.4.2   Rinse and wring mop after each pick up.
 When finished, there will be approximately 0.75 gallon
 of water per bay for  disposal.

 A.2.2.5  Absorption  Procedure

 A.2.2.5.1   To  dispose  of the  water that  is left  after
 nnsmg the floor, an absorbent must be added to the waste
 water for disposal as a  solid.

A.2.2.5.2   A number of good absorbents are  sold com-
mercially.  The  manufacturer's directions should be fol-
lowed carefully.
 A.2^.5.3  Usually, absorbent should be added to the
 rinsewater in small amounts until no water can be seen in
 the bottom of the collection bucket, stirring frequently.
 For most commercial products a minimum of three to six
 pounds of absorbent per gallon of water will be neces-
 sary, depending on the absorbent.

 A^.2.6   Disposal

 A.2JL6.1  Do not empty rinsewater into storm sewer,
 sink or onto ground surface.

 A.22.6.2  It is your responsibility to classify both the
 spent  absorbent  and  absorbed rinsewater wastes for
 disposal purposes.

 A.2^.7  Frequency of Cleaning

  For the  best combination  of cleanliness and waste
disposal  costs, it is recommended that the  mopping
procedure be performed regularly.

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Order No. 804-16330
                                                        1-140O-1/92—SC(5A)

-------
                                   Appendix M
Best Management Practices for the Protection of Ground Water: A Local Official's Guide to
 Managing Class VUIC Wells by Connecticut Department of Environmental Protection

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This page intentionally left blank.

-------
BEST MANAGEMENT PRACTICES
    FOR THE PROTECTION OF
           GROUND WATER
  A Local Official's Guide to Managing Class V UIC WeBs
                Prepared By
            OswaldIngleseJr.,P. E.
            Senior Sanitary Engineer
   Connecticut Department of Environmental Protection
       Development of this guidebook was funded by the
    United States Environmental Protection Agency as Phase tt of
  Connecticut's doss V Shallow Injection Well Demonstration Project
                November 4, 1992

               PrtiutdengtcyciedPapir

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             GENERAL BEST MANAGEMENT PRACTICES
DESIGN BMft
                                       PROCEDURAL HMFfe
         ?*^ SyrtenB                 M*eriri& Waste Invent^ Control
                                       PreventativeA Corrective Mainuaumce
      -  .....
Storage F«alibes
                                      Bqpioyee Tnmnig
w» .  --       .                         *iiMMi(lliiiiftiffStlflli
Witer Conaervmnon                       Record Keepbg
Foundation Dninage & Dewstering                  ™*P»B
Stonnwater Manigenxnt
Work Anas
Holding Tanks
         to Municipal Sanitary Sewers
                                              -       °f
                                 13

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                              BEST MANAGEMENT PRACTICES
  DESIGN BMFS


  Subsurface

   Disposal Systems
 Floor Drains
Dry Wells
Floors
                                             GENERAL
         "SSI 
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                             BEST MANAGEMENT PRACTICES

                                            GENERAL
 Stonge Facilities
Cooling Water
Utilities
the use of solvents.


               *****
                                to
                                                                  floor drains.  If floor dams are not
                       Benns should also be used to isolate floor drains from spin-prone an
 IMM~£ ggd iml^a.4^- Qf _

 noted area with secondary	..^T. „„„.      u«iu
 potential spills from contaminating stonnwater or duchargmg to*me ground.

 Underground
                                                          wastes should be done within an enclosed or
                                                          t and isolated from floor dnins to prevent
                                                "**'*
 protective plate or basket where the stick my strike the

 Ahove-gronnd  tanks should nave  110%  secondary

                                    «nd «*«»" »*
                                                                      t
                                                                                    double-walled
                                                                               in an enclosed are.
                      FiU-pipe inlets should be above the etevation of the top of the storage tank

                      Tanks and «awia»ad
             " newand
                       CO
                                                           "hould be pennanently roofed, completely
                                                             . *>lated from floor drains, h^TaeS
                              and should not be accessible to unauthorized personnel.              ^^

                      Dram and container storage areas should be consolidated into one location for better
                      control of material and waste inventor.
Closed-loop cooling systems should be conadeied to elimiiiate coolmg wat^
                       •
            and local requi
                                                         V8temssh«ddbefreeofcoiitamiiiationfrom
                                                        8hould "* o^cnarge to the ground.
                                                             ^^ 8ewer'
                                                   ts are met.
                      Hoordnuns should be elimimued in rooms where boilers or emergency genenuom
Water Conservation
                                   «d Inflow faucets for sinks and spray nozzles should be installed to
                              hydraulic loading to subsurface disposal systems.               msiaueato
                                              IS

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                             BEST MANAGEMENT PRACTICES
                                            GENERAL
  Foundation Drainage
   &Dewatering
                       ~~	~""" "—™-"— ——— — ————-; jg not enat,^,,^  ft     ^
                                                                    with any applicable federal, state
                                    WBter. fr"11 fenndation  dninage  &  dewatezing  indicates
                                   cmtanunrtionpnibtan, ^bich should be
                                                              . eliminated
                      Cross-connectM
                                                                           Tl^ potenlid .ource.
                                      TOchas sanitaiy discharges to storm sewers, stonnwater discharges
                                      Brnoordiamo^8cbaTgeBtostonnsewer8vgtBnia.dioiridbaiH^ti4H|

Connection to Municipal
                                                                   Mt feaaible' existilI8 subsur&
                                             16

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                              BEST MANAGEMENT PRACTICES


                                             GENERAL
 PROCEDURAL BMPs


 Material & Waste

  Inventory Control       Conduct rnonthly monitoring of mventory and waste generation.


                        Order ww materials on an as-needed basis and in appropriate unit sizes to avoid waste
                        •nd reduce mventory.                         •«—r-                «• *«w


                        Observe expiration dales on products in inventory.


                        Eliminate obsolete or excess  «i^^»«|« from inventory.-


                        Return unused or obsolete products to the vendor.


                        Consider waste management costs when baying new materials and equipment.


                       Ensure material and waste containers are properly labelled. Not labeling or mudabellinc
                       ia a common problem.                                                       •


                       Mark purchase date and use older *~*<*»]s first


                       M"j|jwn product Material Safety Data Sheets to momtiir materials in inventory and the
                       chemical ingredients of wastes. Make USDS sheets available to employees^


                       Observe  maiimmn on-gjte storage times for wastes.


                       Caaiol^access to  materials  winch are hazardous  when spent; encourage material


Preventative & Corrective
                      A  regularly  scheduled  internal  inspection and  maintenance  program should be

                      ™g"""'r
-------
                              BEST MANAGEMENT PRACTICES


                                              GENERAL
                                Piopja operation of equipment, solvent recovery, and emission control systems.



 Spill Control            £« emergency spill kits and equipment  Locate mem at storage areas, loading and
                        unloading areas, disposing areas, work areas.                          ^^

                        dean spills promptly.


                                         « •bsorbent spill pads to clean up mmor spills, and dispose of these
                       Minimize the use of disposable granular- or powder- absorbents.


                       Spilled niaterialsfaonld be neotrmlized as prescribed in Material Safety Data Sheets
                       ^SDS^ortlected, handled an^



                            «b«I»1»njof and earthquake proof containers and storage facilities to reduce spOl
Materials & Waste

 M™"2""— "           Use spigots. pumps, or funnels for controlled dispensation and transfer «f rn.^^ tff
Store materials in a controlled, enclosed environment (mmimal
                                                                             temperature and hmmdltv
                       Keep containers closed to prevent evaporation, oxidation, and spillage.


                       Place drip pans under containers and storage racks to collect spillage.
                                                                                                to

                      Recycle cleaning rags and have them cleaned by an appropriate industrial launderer.


                      Use dry cleanup methods and mopping rather than flooding with water.


                      Floors may be roughly cleaned with absorbent prior to mopping; select absorbents which
                      can Be reused or recycled.


                      Recycle cardboard and paper, and reuse or recycle containers and drums.
                                                18

-------
       BEST MANAGEMENT PRACTICES
                      GENERAL.
 Wastes accumulated in holding tanks and containers must be disposed of throuoh an
 appropriately licensed waste transporter in accordance with federal, state,  andlocal

 ^S^X^^f-   *ewi*e »***»» «wi polhfflon prevention mitiatms is
 •"^"^rottssucceasralnnplffnirnrationm the workplace. By setting me examnle and
 encouraging staff participation through incentives or awaids, inanagenW anrnaeaBes
 gmptoyee awareness about environmentaUy sound practice.  A first step is to involve
 management in conducting a waste stream anarysis to detenime the i»to^ fw waste
 reduction and pollution prevention.  This analysis should include utefoUowmgsteps:
        Identify plant processes where chemicals are used and waste is generated;
        Evaluate existing waste management and reduction methods;
        Research altenmtpm. ««>4iftA|fTgiea;
        Evaluate feasibility of waste reduction options;
        Implement measures to reduce wastes; and
        Periodically evaluate your waste reduction program.

Develop an energy and materials conservation plan to promote the use of efficient
Uxlmologies. weU-mBntamed mvmtor^
Souid environmental management should include the currency and
and frality pia^  fc.^ ^j^  ^ ^g^^  jaaaueaeat.
                      — -«uqr pians, acuity records and inventory management,
                      manifests for disposal of wastes, contracts with haulers for wastes
                      service agents to handle recycling of solvents or to regularly servic
Employee Trammg      Trammg programs should be developed which include the foUowing:
                              Proper operation of process equipment;
                              Trading and mii«««iing of materials;
                              Purchasing, labelling, storing, transferring, and disposal of materials;
                              Leak detection, spill control, and emergency procedures; and
                              Reuse/recycling/material substitution.
                      SSS^0"1^tnined prior to woiidl1* ^ «jq«"PnMtf or handling of materials
                      ana snouid be penodtcally refreshed when new regulations or procedures are developed!
                      Employees should be made aware of MSDS sheets  and  should  understand  their

                      Employee awareness of the environmental and economic benefits of waste reduction and
                        19

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     BEST MANAGEMENT PRACTICES



                  GENERAL.
       prevention, gnd the adveiBe aaweqiiaices in ignoring thenu c« also
employee participation.                      HMMMB uwm, on uso

                  20

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                          AUTOMOTIVE SERVICES AND REPAIR

Background    This category includes automotive repair and service shops (SIC Nos. 753x and 754x). Specific
               ••£«» of concern include Top, Body, ad Upholstery Repair Shops end Putt Shops (SIC No.
               7»2); Automotive Exhaust System Repair Shops (SIC No. 7533);  Automotive Transmission
               Repair Shops (SIC No. 7537); General Automotive Repair Shops (SIC No.  7538); Automotive
               Repair Shops, Not Elsewhere  Classified (SIC No.  7539); and  Carwashes (SIC  No  7542)
               Automotive Dealers and Gasoline Service Stations are classified separately in SIC major group*
               55; most of these facilities have repair «r«TrtKmii and produce «imiw wastes.

Description of Operations

 General Maintenance
 & Repair      Common types ofvehir.fr mafntpnanfy operations include drainage and replacement of hibriante,
               coolants, and brake fluids; radiator and brake i**^—*—  — H WM—+.I ww^h^jp,! ttpain.
               Rapid lubrication and oil change services have become particularly papular automotive specialty
               Services Which handle largg ipmrtjtfcg nf «flg «nd ntha, fluids,

               AntomoUve repairs shops conduct a range of vehicular tepair and m
                                                                                     tfrrrircg  which
              may inctade education of iiato                                          m addition to
              general repair shops, this gioup mctades specialty iniffler. biato

              Parte cleaning and degreasmg of automotive parts and steam cleaning of engines are regularly
              pwformed as part of niaintenance and repair activities. The use of solvents and detergents has
              Been me focus of gnvi»n«»iii«mtai r^^^ing

Radiator
 Repair        Radiator repair shops clean, flush,  and repair radi^ors.  Radiators are drained of coolant and
                                                    (pH above 12), M*ich nay contain zinc chloride, and
                                                                 ,                            e, an
              ••j rmaedwith water either in a dip tank or by flushing with a hoee. Radiators are pressure
              tested m a tank of water by plugging the inlet and outlet ami blcwing air into the radiator through
              an an- hose. After testing and drying, radiators may be spray painted.

Antobody Repair &
 Renmshing   Faint and body shops repair and paint vehicles. Old paint may be removed by stripping and
              •nding and new paints applied with hand-held sprayers.  Body shops are frequently very small,
              two or three person operations.
              RMtoroofing "^ ""yraaove dirt from the undercarriage of vehicles using pressure hoses.
              venicies may also be pretreated with rust removers containing strong acids or """Pin prior to
              •praying on rustproofing solutions. Solvents such as kerosene or mineral spirits are used to clem
              spray equipment and to remove rustproofing compounds from painted surfaces of the vehicle.
              often using a hand-held solvent spray gun.

Car Washing   Automatic car washes are eqmpped wim high-pressiire
              contammg a degreasing agent such as methylene chloride or trichloioethylene (TCE), rinsewater
              andwaxM,andwimrotam»gbrusnesandbiifler8.  Self-service car washes may provide covered
              or outdoor paved areas with pressurized spray hoses dispensing soap solutions, rinsewater and
              wax.                                                                           '
                                               27

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 Materials Used and Wastes (United in Automotive Scrrices & Renair
           TYPICAL MATERIALS
i?^^» 5* * ««•«.«*to d-d. tin), aatanu,
                                                 tfroM, copty oil ft mate
                                                       bate; nlvHi. * oit«Mkad taga;
                                                       	of tool.   ^
                ndacen, white •ririts
                          e hydrocnton (lalww).
                          >*.i~^.\ «i~aJj.

                          ^-* ^*0b
                                                       A pan paniealata cooiainina heavv
                                                     (cadtnaim.chreniiim.Iead)   ~
       ' ?2? "^Oihoaphoric acid, hydraehlacic acid
        -«0.«» k— (~d»n h^toride. too«
Waate aeid^ wwe alkiliea
                                29

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  DESIGN BMPs

  Floor Drains
 Floors
Stonnwater
 Mi
                              AUTOMOTIVE SERVICE & REPAIR

                                  BEST MANAGEMENT PRACTICES
  SEE GENERAL BEST MANAGEMENT PRACTICES
  Floor drains in service beys ad vehicle wishing
  to a holding tank with a gravity discharge pipe, to a
  tank, or to an       ....
                                                                             either be connected either
                                                                            which pumps to a holding
                                                                                       to i
                        Ofl/vwter separators must receive only floor wtshdcro or vetofc wislim*
                                                                                  -""*
                                                                         flows wliich can hydiMlicafly
                                      *P«tor, and may contain detergents which can enniMfy ofls in an ofl
                        separator and impair treatment of oily waslewateni fiom service bay floor diiins.

                        Service hay floor drains that discharge to dry wells must be cleaned oat aod elinri

                       Vehicle wish bays must be completely bermed.

                       Seal service bay concrete floors with an impervious material
                       using solvents.
                                    not be cleaned by flushing with vmler, «e a w^-vacunm or mop and
                                              ----- «-                                        r ^^
                       action taken when
                       «nd sealed with a suitable in
                                      _-^ _      «-	-~ --•—•-••» •»•«• «M TIMU W1UHMU UHmg
                                      Tbese pits often have earthen floors which are vulnerable to spills and
                                     Service pits must be checked for historical enBt.mW..*;^. tAi«E ^mc&A
                          Service pits should be completely surfaced with concrete
miw*^  *   •«	.^rmeable material.  There must also be provisions for me
coUec^on of spills or accumulations of wastes, such as a sump whichlfccharies to a
iw.i*r     i.  W     —    i •••«••. »»» WWMEO, MIWI MB « sump wnicn oucnaraes to
Holding tank. The construction of service pits must be avoided in any new facilities.

Areas where vehicles are stored or repaired must have an inmenneable surface and have
provisions for containment of vehicle leaks.

                      checked for leaks and potential releases of fluid. Lift systems
         ,„.  .	  » 8«^ coiitainment system.   Above-ground lift systems
         usea wnerever possible.  A nonhazaidous hydraulic fluid should be used.

Uncovered vehicle storage areas should have a separate rtormwater collection system with
» oil/gnt separator which discharges to the municipal sanitary sewer or to  a dead
                                               30

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                             AUTOMOTIVE SERVICE & REPAIR

                                 BEST MANAGEMENT PRACTICES
 Work AIMS
PROCESS BMPs

Genenl Maintain
Parts Cleaning
 ft Degreasing
 Dedicating service bays for a specific operation, such as parts cleaning & degreasmg,
 engine steam cleaning, radiator repair, fhrid changes and replacement, vehicle washing,
 rustproofing & undercoating,  and body  stripping  & painting, can mnimixe cross-
 contamination, facilitate segregation of waste streams,  and allow for more efficient
                        Each service bay should be provided with a waste collection station.  Each
                        have labelled containers or for each type of waste fluid, or lahdlad «•*« «nV.
                             rge to an appropriate waste-holding tank.
                       In engine rebuilding, engine bakeout and ball peening may be a suitable substitute for
                       Use drip pans to minimize leaks and spills onto the floor.

                       High-performance, longer lasting oils can reduce die frequency of changes and the
                       — — of waste produced.
                       Used engine oil should be recycled through a licensed recycling service.

                       Spent oil filters may be recycled for their scrap metal content. A drain rack over a waste
                       oil smk night be used to drain and collect all residual oil prior to disposal.
                                  > use of propylene grycol-based antifreeze as so alternative to the more toxic
                       ethylene glycol types.
                       Antifreeze en be  recovered either on-nte or off-site.   Units are available which
                                 ««*« ethylene glycol by removing impurities and neutralizing organic acids
                              as breakdown products of the coolant  Other services are available which will
                       regularly remove and process used antifreeze, selling the product back to the generator
                       at reduced cost.
Aqueous or alkaline cleaners may be substituted for solvent-based cleaners in some
applications, particularly for non-Ahumnum parts.

High-pressure water washing may be an effective method of parts cleaning; wastewater
can be treated with an oil/water separator and recycled.

Substitute nonchlorinated solvents for chlorinated compounds wherever possible.

Parts cleaning and degreasug area should be isolated from other operations, preferably
located within a containment area with no direct access to outside the facility, and the
                                                31

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       AUTOMOTIVE SERVICE & REPAIR

                                  PRACTICES
 floor must be sealed with a suitable impermeable

 Precleaning parts with a squeegee, rag, or wire brush, followed by steam cleaning, high-
 pressure wash, or hot bam which recycles an aqueous solution using an oil separator,
 would be an efficient approach to mrnrnriring or even efamatmg the use of hazardous
 solvents and would prolong the life of any subsequent cleaning solution.

 Where possible use only hot water for the precleamng and subsequent cleaning steps.
 With a recycling system, a detergent may be used and a rust inhibitor may be -"-« if
 puts are sensitive to corrosion.

 For non-aluminum parts an allralhin based npifmiB *i**~r may be nard

If hot  water,  detergent,  or alkaline bams are  dcmonstnbly inadequate, then a
nondllnrma*^*! «MWMW!J» —*	* _£_L* i_	i	t_    • ••    •»   »
 nonchlorinated organic solvent might be used, such as d-luneoline (a terpene), or a huh
 fluh(> 140 F) naphtha. CUorinated solvents and other solvents which have a specific
 gravity greater man 1.0 (water) should be avoided.

 Using one multi-purpose solvent rather than several would increase reuse and recyclms
 P"**linialfl.                                                                ^^

 Parts cleaning and degreasmg should be done in a self-contained, ~^.™I.*T,£ solvent
 Miil
Extend solvent life by using a two-stage rinsing process with 'dirty' and -clean* solvent
Reduce the frequency of solvent bath replacement to reduce solvent use and ~mn..«e
Decanting solvent sludges from tanks can extend solvent bath life.  Replace solvent only
as needed or extend the replacement schedule.

The used solvent decanted from the separation of solvent sludges can be reused as a
precleaning step for dirty parts or for less critical parts prior to a final cleaning.

Increase freeboard and place hoods or coven on all parts-cleaning tanks to minimize
evaporation of solvent.

Solvent test kits may be used to check when solvent is too dirty for further use.

A drip rack placed over the cleaning tanks would allow for dragwa to drain prior to any
following cleaning step. Reduce dragout from parts cleaning by allowing longer drip
tune, or wipe parts with cloth or rags.

Spent aqueous and other nonhazardous solutions may become hazardous after use due to
elevated concentration of heavy metals or toxic organic substances. They must be treated
or disposed as a hazardous material.

A recomm-nded procedure for parts cleaning is to employ a service which will


                          32

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                             AUTOMOTIVE SERVICE & REPAIR

                                 BEST MANAGEMENT PRACTICES
                        the parta-cleaning unit.
                        properly on a contractual basis. Some services recycle up to 70 -80% of the solvent and
                        sell it back to the generator at reduced cost  This would reduce handling of solvents, and
                        would ensure proper operation and mainteuauce of parta-cleming etpnjm^i,


                        fti-aite recycling systems may be used which employ di«tiiu*»i mrf^ filtration. Iheae
                        aystems should be maintained by trained staff or a contracted service agent. A reduced
                        emission/dosed loop type, which captures evaporative losses, is preferred.

             Cleaning   Eliminate the use of solvents for steam cleaning engines and parts.


                        Steam cleaning should not be conducted «ttnde, where wastewatm may be discharaed
                        to the ground.                                                  '          *


                       If no  detergents or solvents are used, steaiiwleamng wastewaters n«y discharge to the
                       municipal sanitary sewer via an oil
                       If detergents or solvents are employed, wastewaten most either he        —^^
                       or discharged to a holding tank. If. grit separator has been installed for treating vehide-
                       wuhing wastewater prior to discharging to the municipal sanitary sewer, and if no
                       solvents an used for stem cleaning, then these wastewmters may discharge to the grit
Antobody Refiniahing
 APtinting                       ei^ow
                                     1 'W*8 of paints are being developed for most automotive applications
                       and should become more widely available in the near future.                       '


                       Paints with low volatility, lower metal concentrations, and higher solid
                       —' when possible.
                       Autobody painting should be done in a sejiarate, secure area wim no floor drains.

                       Water curtains in paint booths must recirculate the water used.  There should be no
                       discharges.


                       Reusable metal or styrofoam paint booth filters should be used.


                       2? j°™lefficieilt P*"1*11* Processes such as electtostanc pauumg or powder coating
                       wtucn reduce the amounts of paint overspray and paint waste generated.  The efficiency
                       of paint-spraying equipment varies from about 30-60%  for air-atomized sprayers and
                       65-80% for electrostatic sprayers, to as much as 90-99 % for powder-coating equpment.


                       Use more efficient paint transfer equipment, such as high-volume low-pressure or low-
                       volume low-pressure spray guns.


                      P*int transfer equipment should be regularly calibrated to maintain proper application
                      rates and reduce waste.
                                               33

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                             AUTOMOTIVE SERVICE & REPAIR

                                 BEST MANAGEMENT PRACTICES
                        Mix paint only as needed.

                        Hearing paint mixtures may reduce the amount of thinner required.

                        Reduce paint cup size on spray guns to reduce amount of w^ted p.mt

                        Waste punt can be reused as a rough coat for other applications, such as undercoating.

                        Use recycling spray-gun washers to reuse solvent mad urinee .mount «f «•«*- 9fnfMtmA
                        Recycling may consist of filtration and/or distillation.
                       Segregate waste paint and paint stodges from waste thinner.


                       ^•^^^                            for W guns «ul other
                                 m UH • amau aimum! man solvent for final al*^hig  Paint thmnen may
                       be prolonged by using multiple cloning steps, whidi may reduce spou^ of
                                    Wute thmneni n»y abo be recycled for UK « . prede«ring step for
VehicleWMhing               e «>d ddorinatad hydro«rbon srfvote atouU be elinnn^
                                               d^
                          wishwater and using appropriate treatment such as  filtration and grit removal
                      Kecycle systems are available which recycle op to 100% of the waatewater generated.

                      Wasfawmters may  discharge to  a dedicated grit separator which discharges  to the
                      municipal sanitary sewer.

                               wistowten are not reccnnin^
                                       ^""^ "^ """fr * -P«^ » t»e -epMator, which may
                                        ge to the sewer system.
                      Aromatic and chlorinated hydrocarbon advents should no« be used m rad^

                      Efcninate the use of lead solder where possible, or use solder with  the lowest lead
                      content.
                              repair shops can use a three-step system: a boil-out tank (no discharge) for
                             ; a dragout tank (no discharge) from which rinsewater is  decanted into the
                      bod-out tank to make up for evaporative losses; and a recydmg system for rinsing and
                      Pwsure testing, from which water is treated to remove metals (copper, nickel lead
                      ^tm^chiomium)aiid then reused. With this procedure, most contamination remains
                      m the boil-out or dragout tanks.
                               should be placed in. secure ai« wim secoiidaiy containmeat. The solutions
                      Born these bod tanks should be used for as long as possible.
                                              34

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                             AUTOMOTIVE SERVICE & REPAIR

                                                        PRACTICES
                        Drainage from boil tanks should be collected in holding tanks or drams and may have to
                        be disposed of aa a hazardous waste.

                        Sludges from the treatment of me recycled rinsewaters most be collected and disposed
                        aa a hazardous waste.

                        Discharges from flushing rinsewater may be treated for mends removal and discharged
                        to a  mnnicipal sanitary sewer  system in accordance with federal,  state, and local
                        discharge regulations.

                        Spray painting of radiators should follow BVCPn for .ntnhndy p.m«4«g


                                the use of solvents mrnstp^
                       Use high-pressure washing as an alternative to """g solvents.
                       Has operation may use equipment similar to that used in autobody painting.  Follow
                       BMPs for autobody refinishing and repainting.

                       Solvent drippage from cleaning automobile surfaces prior to nmtpmnfing or imA^^th.,
                       must  be collected in a holding tank and disposed of properly.  There must be no
                       discharges from these operations.


                       If a pressure washing is done without using solvents, the wastewater may discharge to
                       • grit separator conmxtfd to a municipal sanitary sewer.  All federal, state, and local
                       discharge regulations must be met


                       Do not undercoat vehicles with used solvent or solvent sludge.  Solvents and  solvent
                       sludges can drip from the vehicle undercarriage enter the ground.



PROCEDURAL BMPs  SEE GENERAL BEST  MANAGEMENT PRACTICES

Spill Control            Acid spills must be neutralized and discharged to . holding *mi-


                       Ram "d  snowmelt can be  cleaned with a wet-dry vacuum,  or mopped.   Collected
                       material may be discharged to a waste-holding tank, or an oU/water separator connected
                       to a municipal sanitary sewer.

Materials & Waste

 Management            Segregate wastes that are generated,  such as chlorinated from nonchlorinated solvents,
                       oils  from  solvents, and antifreeze from  both oik and solvents in order to ™nimi«
                       disposal costs and  facilitate recycling and reuse.

                       Use high-performance, longer lasting oils.

                       Do not use waste oil as a dust suppressant.
                                               35

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      AUTOMOTIVE SERVICE & REPAIR

         BEST MANAGEMENT PRACTICES

         —^——^—i^—_——


  Do not use antifreeze as a de-icing agent
        .               to collect art rtore petrotaim4»8ed fluids diained from
  veucies, including used oQ, tnmamsskn fhid, and brake fluid; they should IH* be and
  for collecting cleaning solvents or antifre^ Tanks should be pumped out bv a waste
  ««I«r Ucensed in acconhnce with federal, atrte, aodlocdregmST
Spent oil filters should be recycled for their
                                  p metal content A drain nek over a
      oil aak might be uaed to dram «d colle
                                          Semce
                               to recycle antifreeze.
                                                 contractoramay
                        disposal of antifreeze and
                              Household

                   from fiteeang temp
                                 
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     AUTOMOTIVE SERVICE & REPAIR

         VEST MANAGEMENT PRACTICES
Trial-test recycling equipment to canre coo&jatibility with «M*»^«IT mr4 ad •—Hr
recycled product

tegular inspection and mahitfnanrr schedules should address oil and grit sepantors
catch baana. and vehicle atonoe ams                              ~~*~
Clean hands with wateriesa cleanen and dispose of waste properly with hazaidous waste,


Store wastes indoors in covered anas to prevent moisture from seeping in.
                      37

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                                     APPENDIX A





Summary of Waste Characterizations and Pathways for Ground-Water Contamination For die Facilities Covered
                                         A-i

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                                     PEST MANAOBMBNT PRACTICPS FOR PACII ITIBS RISING CLASS v u\r mi c

                     SUMMARY OF WASTE CHARACTBRIZATIONS AND PATHWAYS FOR GROUND-WATER CONTAMINATION

    TYPBOFFACILirV    j          WASTE CHARACTERIZATION            [              PATHWAYS FOR OROUND-WATER COrTTAMD.AT.ON

  Applisnce Service Shops   || Household cleaners, abrasives, wastewaten from cleaning
                           operations, degreaaen. aolventa, metal polishes, painta,
                           paint aolventa, paint removers, strong acid- or alkali-
                           baaed mat removers
   Automotive Service &
         Repair
       Beauticians

      Dry Cleaning

                                    	W ——— — ———— f aj "•••• ^—- — "IT1WJ HBBJll I
                           faint removers, cleaners, kerosene, mineral spirits,
                           detergents, metals, road salts
                          board residues, contaminated still cooling water, vapor
                          condensate, solvent-laden water from water aepantor
     Funeral Homei
Bodily Huida, formaldehyde, alcobola, aurfacUnta,
organic dyea
   Furniture Stripping
Riiuewatan. spent stripping solutions and sludges, painta
and other finishes, solvents used for thinning paints and
cleaning painting equipment, paint solids, solvent-soaked
rags and paint residues, caustic tank solutions
Machine A Welding Shops  ||  Machine shops: metal grinding aludgea. oil-laden metal
                          shavings and chipa. cooling and lubricating oils, cooling
                          watera. acids A cyanides A other salts from heat treating.
                          cleaning and degreaaing solvents, still bottoms, eotvenl
                          soaked rags, surfactants, caustic solutions

                          Welding: metal slag and lab ends, quenching or cooling
                          waters, emulsified oils, solvents and aohitiona for
                          cleaning and degrassing of pans, painta. tfainnen.
                         primers,  aolventa

                                                   ^Siiis^
                                                   cont.mln.ted from vapor condenute; dumping of water from aepantor; discharges of
                                                   cooUng water, to ground or septic systems; Improper collection, storage and disposal of
                                                   residues, bottoms, and lint; Ulegal connections to ate—'•   •           v—w
                                                                            Concentrated dischargea to septic systems; improper septic system design
     •	.   ^  .   T~~  ' •———•• ™» •nipping •oiuuons; uwgsl discni
      tysleina; leaks snd spills; pressure rinsing of dipped furniture outside or in
uncontained areas; floor drains to dry weds

•

Machine ahopa: improper handling and disposal; leaka and epilla; rtorage of oll-Uden metal
by-producu in uncover* or unplugged leaking dram, and *,,»,«.»; cLun, of parT
outride or in u^ontainsd areas; dischargea to aeptic ayatems; floor dnlnatodry wells

Welding: floor drains to dry wells; bake and spllla. performing degreaaing and/or cleanim
in auika dlacharging to aeptlc ayatema or outaide In uneonulned areas^
                                                                             A-2

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   Appendix N




Glossary of Terms

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Glossary of Terms

Class V Injection Wells. Injection wells that are not included in Classes I through IV, as defined
in 40 CFR 144.4, are considered to be Class V wells. These Class V wells are typically shallow
wells used to place a variety of non-hazardous fluids (as defined under the Resource Conservation
and Recovery Act) directly below the land surface.

Community Water Systems (CWS). A public water system that serves at least IS service
connections used by year-round residents of the area served by the system or regularly serves at
least 25 year-round residents.

Direct Implementation (DI) States. States that do not seek the responsibility for implementing
a law or fail to demonstrate that they meet EPA's minimum requirements, for which EPA is
required by law to prescribe and directly implement a program for these States.

Dry Well.  A bored, drilled, or driven shaft or a dug hole whose depth is greater than its largest
surface dimension, which is completed above the water table so that its bottom and sides are
typically dry except when receiving fluids.

Ground Water Protection Areas. Geographic areas near and/or around community and non-
transient non-community water systems that use ground water as a source of drinking water.
These areas are delineated and assessed under Section 1453 (Source Water Assessment and
Protection Programs) of the Safe Drinking Water Act and are also referred to as source water
protection areas, source water assessment areas, and ground water areas by different States.
(Note: Source water protection areas for transient non-community water systems delineated
under Section 1453 of the Safe Drinking Water Act are not explicitly included in the Class V Rule
as ground water protection  areas.)

Large-Capacity Cesspools.  Dry  wells that receive untreated sanitary waste containing human
excreta, and which sometimes have an open bottom and/or perforated sides.  Large-capacity
cesspools serve multiple dwellings and community or regional establishments, and have the
capacity to serve more than 20 persons a day.

Maximum Contaminant Level (MCL). In the Safe Drinking Water Act, an MCL is defined as
"the maximum permissible level of a contaminant in water which is delivered to any user of a
public water system."

Motor Vehicle Waste Disposal Wells. Dry wells or septic tank and leachfield combinations that
receive or have received fluids from motor vehicular repair or maintenance activities, such as an
auto body repair shop, automotive repair shop, new  and used car dealership, specialty repair shop
(e.g., transmission and muffler repair shop), or any facility  that does any vehicular repair work.

Non-Community Water System (NCWS). A public water system that is not a community water
system. There are two types of NCWSs: transient and non-transient.

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Non-Endangerment of Underground Sources of Drinking Water. Prohibition of movement
of fluid containing any contaminant into underground sources of drinking water, if the presence of
that contaminant may cause a violation of any primary drinking water regulation under 40 CFR
141 or adversely affect public health.

Non-Transient Non-Community Water Systems (NTNCWS). Water systems that are not
community systems and regularly serve at least 25 of the same non-resident persons per day for
more than 6 months per year.  Non-transient non-community systems typically are schools,
offlp.PC r»Vmrr*h^C  for»f/-k*-i«ao  *****
                    &   ^
 offices, churches, factories, etc.

 Other Sensitive Ground Water Areas.  Areas that are not designated as ground water
 protection areas as specified in the Class V Rule, but are critical areas in the protection of
 underground sources of drinking water from contamination. These areas may include highly
 productive aquifers that supply only transient non-community water systems or private wells,
 areas overlying sole-source aquifers, aquifer recharge areas, karst aquifers, or other
 hydrogeologically vulnerable areas.

 Point of Injection. The point of injection for a Class V well is the last accessible sampling point
 before the release of waste fluids into the subsurface environment.  For example, the point of
 injection of a septic system might be the distribution box - the last accessible sampling point
 before the waste fluids drain into the leachfield and the underlying soils. For a dry well it is likelv
 to be the well bore itself.

 Primacy States.  States that have the responsibility for ensuring a law is implemented, and have
 the authority to enforce the law and related regulations. States have adopted rules at least as
 stringent as Federal regulations and have been granted primary enforcement responsibility.

 Public Water System (PWS).  A water system that provides water to the public for human
 consumption through pipes or other conveyances, if such system has at least 15 connections or
 regularly serves at least 25 individuals.

 Sanitary waste. Liquid or solid waste originating solely from humans and human activities such
 as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas
 sinks used for food preparation, clothes washing operations, and sinks or washing  machines where
 food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these waste may
 include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger
 stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas
 other commercial facilities, and industrial facilities provided the waste is not mixed with industrial
 waste.

Septic System. A "well" that is used to emplace sanitary waste below the surface  and is typically
composed of a septic tank and subsurface fluid distribution system or disposal system.

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Sole Source Aquifer. An aquifer that has been designated by EPA, under Section 1424(e) of the
Safe Drinking Water Act, because the aquifer is a "sole or principal drinking water source" for an
area where contamination of the aquifer could create a significant hazard to public health.

Source Water Protection Area (SWPA). The area delineated by the state for a public water
system (PWS) or including numerous PWSs, whether the source is ground water or surface water
or both, as part of the state SWAP approved by EPA under section 1453 of the Safe Drinking
Water Act.

Subsurface fluid distribution system. An assemblage of perforated pipes, drain tiles, or other
similar mechanisms intended to distribute fluids below the surface of the ground.

Susceptibility Analysis. An analysis used to determine, with a clear understanding of where the
significant potential sources of contamination are located, the susceptibility of the PWS(s)  in the
source water protection area to contamination from these sources.

Transient Non-Community Water Systems (TNCWS). Water systems that are not community
systems and serve 25 non-resident persons per day for 6 months or less per year. Transient non-
community systems typically are restaurants, hotels, large stores, etc.

Underground Source of Drinking Water (USDW). An aquifer or a portion of an aquifer that
(1) supplies a public water system, or (2) contains a sufficient quantity of ground water to supply
a public water system and currently supplies drinking water for human consumption or contains
fewer than 10,000 mg/1 total dissolved solids, and is not an exempted aquifer.

Wellhead Protection Area (WHPA). The surface and subsurface area surrounding a well  or well
field, supplying a PWS, through which contaminants are reasonably likely to move toward  and
reach such water well or well field.

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