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,
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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.
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Revisions to the UIC Regulations for Class V Injection Wells
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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).
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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)
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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)
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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.
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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
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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.
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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.
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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.
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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).
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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
=^^^=
- 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
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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)
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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
-------
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
-------
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.
-------
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
-------
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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68552 Federal Register/Vol. 64. No. 234/Tuesday. December 7. 1999/Rules and Regulations
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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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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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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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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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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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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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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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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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
-------
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
-------
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)
-------
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
-------
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 •
-------
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
-------
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-
-------
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.,
-------
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
-------
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
-------
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
-------
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)
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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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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
-------
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
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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
-------
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
-------
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,
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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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