United States Environmental Protection Agency Office of Drinking Water Washington, D.G 20460 April 1979 Protection of Fact Sheet Underground Sources of Drinking Water EPA's Underground Injection Control (UIC) Regulations ------- FACT SHEET PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER EPA1S UNDERGROUND INJECTION CONTROL (UIC) REGULATIONS U.S. ENVIRONMENTAL PROTECTION AGENCY OFFICE OF DRINKING WATER 401 M STREET, S.W. WASHINGTON, D.C. 2 0460 APRIL 1979 ------- The Safe Drinking Water Act of 1974, as amended, requires the Environmental Protection Agency to establish a program to provide for the safety of our nation's drinking water. One phase of thi's program involves the creation of a set of regulations to protect underground sources of drinking water from contamination by well injection practices. WHY ARE THESE REGULATIONS NEEDED? The U.S. House of Representatives' Committee on Inter- state and Foreign Commerce reported that "underground injection of contaminants is clearly an increasing problem. Municipalities are increasingly engaged in underground injection of sewerage, sludge, and other wastes. Industries are injecting chemicals, byproducts, and wastes. Energy production companies are using injection techniques to increase production and to dispose of unwanted brines brought to the surface during production. Even government agencies... are getting rid of difficult to manage waste problems by underground disposal methods." These practices create situations which may endanger underground drinking water sources. Since more than half of the nation's water supply is drawn from groundwater sources, injection is clearly a matter of concern. It has been estimated that there are more than 500,000 injection wells of various types throughout the country. It is for these reasons that the UIC Regulations have been proposed. HIGHLIGHTS OF THE PROPOSED REGULATIONS * State Programs The law requires the Environmental Protection Agency to establish minimum requirements for effective State programs to regulate injection wells which may endanger present or future sources of drinking water. It is intended that individual States will have the primary enforcement responsi- bility for the regulations (primacy). However, in those cases where a State either has no program for injection control, an inadequate program, or fails to enforce an otherwise adequate program, the EPA will establish and/or enforce the program. EPA must approve the State's UIC program in order for the State to assume primacy. Approval depends on a State: - Adopting and implementing an enforceable UIC program and procedures for enforcement 1 ------- - Establishing and maintaining records and reporting activities Identifying underground sources of drinking water in the State The vast majority (85%) of the injection wells in the United States to be regulated are located in 22 States (see Appendix A). These States have already been notified that an underground injection control program is necessary to assure that underground injection will not endanger drinking water sources. It is anticipated that all States will be included no later than May, 1980, so that a regulatory program will be in effect throughout the country. It should be noted that many States have current programs regulating some or all of the covered classes of wells. * Classification of Wells The injection wells have been categorized into four specific groups and one general one. The four specific groups are: 1. Industrial and municipal disposal wells; nuclear storage and disposal wells (Class I) 2. Injection wells associated with oil and gas production and hydrocarbon storage (Class II) 3. Special process wells used in conjunction with solution mining of minerals, in situ gasification of oil shale, coal, etc., and the recovery of geothermal energy (Class III) 4. Wells which are used by generators of hazardous wastes or hazardous waste management facilities (Class IV). All other injection wells are included in one general category (Class V). This category includes recharge wells, air conditioning return flow wells, drainage wells, etc. Because these wells are so numerous and because good informa- tion is often lacking, each State is required to survey such wells for their potential danger to drinking water sources and to recommend possible alternatives for regulatory control. 2 ------- Permits UIC permits will impose both technological and administrative requirements on well operators. Permits will cover: Essential construction features of wells - Allowable well operating conditions - Monitoring of well operations Reporting of operating results Any need for corrective action to prevent fluid migration and schedules for taking action Well abandonment conditions Provision for public agency access to records and facilities Provisions for permit review, modification, and termination All Class I and III wells, and Class II wells, except existing enhanced recovery and hydrocarbon storage operations, must be authorized by permits. New wells in these categories may not begin injecting unless their owner or operator is first issued a permit. Existing wells in these categories must be repermitted within five years of the approval of the State plan by EPA. State UIC plans will specify a schedule for the submission of permit applications for iexisting wells. Applications for permits must contain sufficient data to show the potential impact of the proposed injection on underground sources of drinking water. * Rule Once a State program is effective, no injection well may be operated without authorization. Such authorization may bo provided by permits (as discussed above) or by rule. Existing Class II enhanced recovery and hydrocarbon storage wells, and Class IV and V wells may be authorized by rule. In addition, other wells may be initially authorized by rule until the permit has been reviewed and reissued. Rules for Class II wells must apply essentially the same requirements as individual permits, but save the need for reviewing and reissuing some 115,000 individual permits. Rules for Classes IV and V must apply the regulatory require- ments discussed above. 3 ------- * Construction Requirements Wells.must be constructed in such a manner that the migration of injected fluids into the underground drinking water source is prevented. * Operating, Monitoring and Reporting Requirements Operators must monitor the injection pressure at various times. Reporting requirements will be established for routine monitoring, corrective action progress, changes in the characteristics of water supply wells, and violations of permit terms and conditions with statements of corrective action taken by violators. MAJOR ISSUES Is the cost of implementing these regulations in balance with the benefits achieved?1 Do the requirements for oil and gas related wells strike an appropriate balance between environmental protection and the statutory requirement not to interfere, with or impede oil and gas production? Is the definition of underground sources of drinking water appropriate? Are the 3 exceptions allowed from the definition appropriate? Is the requirement for Class V wells inventory and assessment in 2 years appropriate? Will the requirements as stated force States to obtain new or changed authorities from their legislatures in order to qualify for primacy? Are the time frames and schedule in the regulations reasonable? Is there sufficient opportunity for public involvement in the designation of drinking water sources to be protected? In hearings on permit applications? PUBLIC COMMENT WANTED In the 30 months since the original UIC Regulations were proposed in August, 1976, the Environmental Protection Agency has endeavored to involve the public to the greatest extent feasible. Three public hearings were conducted/ attracting representatives from industry; citizen and environmental groups; Federal, State and local governments; and the general public. 4 ------- The current regulations reproposed in April, 1979/ reflect a careful analysis and integration of comments received from the various sectors of the public. In a series of public hearings to be held beginning in July of this year, the public will have an opportunity to comment further on the issues raised in the new regulations. We urge you to read the regulations and to participate in these hearings. HEARING SCHEDULE Location Dates District of Columbia To be announced later Chicago Seattle Dallas Copies of reports, documents and other relevant materials are available for review at EPA Headquarters and Regional offices. For the office nearest you consult the list below. Environmental Protection Agency Public Information Reference Unit Room 2922 401 M Street, S.W. Washington, D.C. 20460 EPA Regional Offices U.S. Environmental Protection Agency Region I Library Room 2211B, JFK Federal Bldg. Boston, MA. 02203 U.S. Environmental Protection Agency Region II Library 26 Federal Plaza New York, New York 10007 U.S. Environmental Protection Agency Region III Library Curtis Bldg., 6th & Walnut Streets Philadelphia, PA 19106 5 ------- (Cont'd) U.S. Environmental Protection Agency Region IV Library 345 Cburtland Street N.E. Atlanta, Georgia 30308 U.Si Environmental Protection Agency Region V Library 230 Dearborn Street - Room 1417 Chicago, Illinois 60604 U.S. Environmental Protection Agency Region VI Library 1201 Elm Street, First International Bldg. Dallas, Texas 75270 U.S. Environmental Protection Agency Region VII Library 1735 Baltimore Avenue Kansas City, MO. 64108 U.S. Environmental Protection Agency Region VIII Library, 8M-ASL 186 0 Lincoln Street Denver, Colorado 802 95 U.S. Environmental. Protection Agency Region IX Library 215 Freemont.Street San Francisco, CA. 94105 U.S.• Environmental Protection Agency Region X Library 12 00 Sixth Avenue Seattle, Washington 98101 U.S. Environmental Protection Agency Office of~ Drinking Water (WH-550) Groundwater Protection Branch 401 M Street, S.W. Room 1011 East Tower Washington, D.C. 20460 6 ------- APPENDIX "A" 1. Section 1422 (a) ; ~List of States ' —"'"Section 1422 (a) requires EPA to list in the Federal Register each State for which an underground injection control program "may be necessary" to insure that underground injections will not endanger drinking water sources. EPA recently published its initial list of States (43 FR 43420, September 25, 1978) ; LIST OF STATES * Twenty-two States are on the initial list: Arizona Arkansas California Colorado Florida Illinois Indiana Iowa Kansas Kentucky Louisiana Michigan Mississippi New Mexico New York Ohio Oklahoma Pennsylvania Texas Utah West Virginia Wyoming * In addition, Maryland has petitioned to be listed in the initial group of States. 7 ------- |