United States Office of Water EPA816-R-00-008
Environmental Protection (4606) September 2000
Agency
State Implementation Guide
Revisions to the Underground
Injection Control Regulations
for Class V Injection Wells
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
TABLE OF CONTENTS
INTRODUCTION 1
A. Purpose of this Implementation Guide 1
B. Safe Drinking Water Act and Underground Injection Control 1
C. EPA's Strategy for Class V Wells 2
D. State Source Water Assessment and Protection Programs 3
E. Summary of the Revisions to the UIC Regulations for Class V Injection Wells (The Class
VRule) 3
F. Scope of this Implementation Guide 7
SECTION 1 FEDERAL REQUIREMENTS APPLICABLE TO ALL CLASS V WELLS (40 CFR
144) 9
l.A. Consolidation of Class V Requirements in Subpart G of 40 CFR 144 9
l.B. General Requirements for Class V Wells 9
l.C. Non-Endangerment Requirement (Mandatory) 9
l.D. Inventory Requirement (Mandatory) 10
I.E. Additional Requirements of DI Programs (Inventory and Information Request) 10
1 .F. Permit Requirement (when deemed necessary) 11
SECTION2 KEY DATES OF THE CLASS VRULE 12
2.A. Effective Date of the Class V Rule 12
2.B. Important Compliance Dates to be Tracked by UIC Programs 12
2.B.I. New and Existing Large-Capacity Cesspools 12
2.B.2. New and Existing Motor Vehicle Waste Disposal Wells 13
SECTION 3 REQUIREMENTS AND IMPLEMENTATION TIME LINE FOR LARGE-
CAPACITY CESSPOOLS 15
3.A. Definition of Large-Capacity Cesspools 15
3.B. Nationwide Ban of New Large-Capacity Cesspools 15
3.C. Requirements for Existing Large-Capacity Cesspools 16
3.C.I. Pre-Closure Notification 16
3.C.2. Well Closure Requirements 16
3.D. General Requirements for Endangering Large-Capacity Cesspools 17
3.E. Jurisdictional Issues 17
SECTION 4 GROUND WATER PROTECTION AREAS, OTHER SENSITIVE GROUND
WATER AREAS, AND THE CLASS VRULE 18
4. A. Assessments for Ground Water Protection Areas 18
4.B. Time Line for States to Complete Their Assessments of Ground Water Protection Areas
19
4.C. Other Sensitive Ground Water Areas 20
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
4.D.
4.E.
4.F.
4.G.
4.H.
Requirements and Time Line for States to Delineate Other Sensitive Ground Water
Areas 21
Requirements and Time Line for EPA Regions (with DI Programs) to Delineate Other
Sensitive Ground Water Areas 22
States Choosing not to Delineate Other Sensitive Ground Water Areas
Information Sharing for the Assessments of Ground Water Protection Areas . .
4. G.I. Interagency and Interdepartmental Information Exchange ....
4.G.2. Information for the Public and Well Owners and Operators . . .
Information Sharing for the Delineation of Other Sensitive Ground Water Areas
4.H.I. Interagency and Interdepartmental Information Exchange ....
4.H.2. Information for the Public and Well Owners and Operators . . .
22
23
23
24
24
24
25
SECTION 5 NEW REQUIREMENTS FOR MOTOR VEHICLE WASTE DISPOSAL WELLS
26
5. A. Definition of Motor Vehicle Waste Disposal Wells 26
5.B. Nationwide Ban of New Motor Vehicle Waste Disposal Wells 26
5.C. Requirements for Existing Motor Vehicle Waste Disposal Wells 26
5.C.I. Pre-Closure Notification 26
5.C.2. Well Closure Requirements 27
5.C.3. Permit Requirements 27
5.C.4. Monitoring Requirements 28
5.C.5. Extension of Compliance Date 29
5.D. General Requirements for Endangering Motor Vehicle Waste Disposal Wells 29
5.E. Other Issues Associated with Motor Vehicle Waste Disposal Wells 30
5.E.I. Storm Water Drainage Wells 30
5.E.2. Conversion of Motor Vehicle Waste Disposal Wells to Other Class V
Wells 30
SECTION 6 IMPLEMENTATION TIME LINE FOR EXISTING MOTOR VEHICLE WASTE
DISPOSAL WELLS IN GROUND WATER PROTECTION AREAS 31
6.A. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Ground Water
Protection Areas with Assessments Completed by January 1, 2004 31
6.B. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in New Ground
Water Protection Areas with Assessments Completed After January 1, 2004 32
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 34
6.D. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that do not
Complete Their Assessments by January 1, 2004 35
6.E. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that
Receive an Extension but do not Complete Their Assessments by January 1, 2005 . . 35
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 7 IMPLEMENTATION TIME LINE FOR EXISTING MOTOR VEHICLE WASTE
DISPOSAL WELLS IN OTHER SENSITIVE GROUND WATER AREAS 37
7.A. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Other Sensitive
Ground Water Areas with Delineation Completed by January 1, 2004 37
7.B. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Other Sensitive
Ground Water Areas in States that Receive up to a One-Year Extension to Complete
Their Delineation 37
7.C. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that do not
Delineate Other Sensitive Ground Water Areas by January 1, 2004 39
7.D. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells, Located Outside of
Ground Water Protection Areas, in States that Receive an Extension but do not
Complete Their Delineation by January 1, 2005 40
SECTION 8 STATEWIDE APPLICATION OF THE CLASS V RULE ON EXISTING MOTOR
VEHICLE WASTE DISPOSAL WELLS 41
8.A. Statewide Application that is not Linked to Ground Water Protection Areas and Other
Sensitive Ground Water Areas 41
8.B. Statewide Application After Implementation in Ground Water Protection Areas 42
8. C. Statewide Application After Implementation in Ground Water Protection Areas and
Other Sensitive Ground Water Areas 42
SECTION 9 OTHER CHANGES TO THE UIC REGULATION 44
9. A. Reclassification of Radioactive Waste Disposal Wells 44
9.B. Rule Authorization of Class IV Wells Used in Site Cleanup and Remediation 44
9.C. Clarification of the Plugging and Abandonment Requirements for Class IV and Class V
Wells 45
9.D. New and Expanded Definitions 45
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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. [Under review.]
Appendix D Sample Permit Application Form.
Appendix E Sample EPA Pre-closure Notification Form.
Appendix F Sample EPA Inventory Form.
Appendix G Training Presentation Materials for the Rule.
Appendix H National Primary Drinking Water Standards.
Appendix I 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 J Glossary.
IV
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
INTRODUCTION
A. Purpose of this Implementation Guide
This guide has been developed to assist States and EPA Regions in implementing the "Class V
Rule" (Revisions to the Underground Injection Control Regulations for Class V Injection Wells, 64
FR 68546).
The Safe Drinking Water Act (SDWA) provisions and EPA regulations described in this
document contain legally binding requirements. This document does not substitute for those provisions or
regulations, nor is it a regulation itself. Thus, it does not impose legally-binding requirements on EPA,
States, or the regulated community, and may not apply to a particular situation based upon the
circumstances. EPA and State decision makers retain the discretion to adopt approaches on a case by
case basis that differ from this guidance where appropriate. Any decisions regarding a particular facility
will be made based on the applicable statutes and regulations. Therefore, interested parties are free to
raise questions and objections about the appropriateness of the application of this guidance to a particular
situation, and EPA will consider whether or not the recommendations or interpretations in the guidance
are appropriate in that situation. EPA may change this guidance in the future.
The Class V Rule contains the minimum Federal requirements. The material in this guide is not
binding. Where rule requirements are presented, the words "must" or "shall" are used followed by the
regulatory citation. Where it is recommended or guidance, the words "should" or "may" are used.
B. 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 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. States receiving such authority are referred to as "Primacy
States." A State or Tribe must adopt regulations (40 CFR parts 145) that meet the minimum Federal
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
requirements (as codified at 40 CFR parts 144 and 146) to assume primary responsibility for the UIC
program. A State's program can always be more stringent than the minimum Federal requirements.
EPA is required, by Statute and regulation, to prescribe and directly implement a UIC program for States
and Tribes that do not seek this responsibility or fail to demonstrate that they meet EPA's minimum
requirements. EPA administered programs are referred to as Direct Implementation (DI) Programs.
For Class V wells, there are currently 37 Primacy programs (including three Territories) and 19 DI
programs (including three Territories). All Class V UIC programs in Indian Lands are directly
implemented by EPA.
C. EPA's Strategy for Class V Wells
Class V injection wells1 are generally shallow waste disposal wells 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 authorized to inject only non-hazardous wastes.
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 withdrawal
for their drinking water. Frequently, these wells are designed as no more than shallow low-tech systems,
such as drywells3 or septic tank and leachfield combinations intended for sanitary waste disposal. While
such designs may be adequate for draining domestic wastewater or the isolation and treatment of sanitary
waste, they are not designed for the disposal of other fluids, such as the chemicals associated with motor
vehicle waste disposal wells.
Under the Federal regulations, all Class V wells (with the exception of large capacity cesspools
and motor vehicle waste disposal wells that are specifically addressed by the Class V Rule) are
"authorized by rule" (40 CFR 144.24). This 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.
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 generally 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 generally 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).
A drywell is 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.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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 (40 CFR 144.12).
On November 23, 1999, the EPA Administrator signed a regulation that addresses two specific
types of Class V wells: motor vehicle waste disposal wells and large-capacity cesspools. In addition,
EPA completed a study of all other Class V wells and published a notice on September 30, 1999
regarding the availability of the study.
Based on information gathered during the Class V well study, EPA is working on the next phase
of its strategy to address the remaining Class V wells. EPA is under a consent order to 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.
D. 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)4 receive supplies of drinking water. The Amendments provide requirements and
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.
E. 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 drywells 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,
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 regularly serves at least 25
individuals.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
new and used car dealership, specialty repair shop (e.g., transmission and muffler
repair shop), or any facility that does any vehicular repair work.5 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 drywells that "receive untreated
sanitary waste, containing human excreta, which have an open bottom and
sometimes 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. "
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 permission to operate their wells under specified 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.6 Other sensitive ground water areas are areas delineated by States that are critical for the
protection of USDWs.
Vehicles include automobiles, motor vehicles include trucks, trains, boats, motor cycles, farm machineries, airplanes,
and recreation vehicles such as snow mobiles, all terrain vehicles, and jet skis.
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 factories. The third kind of public water systems, namely transient non-community water
systems (TNCWSs), does not regularly serve 25 of the same persons per day for over 6 months per year. TNCWSs typically
are restaurants, hotels, and large stores.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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 well s
- Ban of existing wells in ground water protection areas and
other sensitive ground water areas with provision to seek a
waiver from the ban and obtain a permit
• 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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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Table 1.1 - 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 monitoring requirements for motor vehicle waste disposal
wells
Conversion of motor vehicle waste disposal wells to other Class V well type
Reclassification 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)
Plugging and abandoning Class V wells (closure)
New and expanded definitions
Federal Citation (40 CFR
144 Subpart G)
40 CFR 144.84(b)(2)
40 CFR 144.88(a)(2)
40 CFR 144.84(b)(2)
40 CFR 144.88(b)(2)
40CFR144.88(a)(l)(i)
40 CFR 144.84(b)(2)
40 CFR 144.87(a) and (b)
40CFR144.88(b)(l)(i)
40 CFR 144.87(e)
40CFR144.88(b)(l)(i)
40 CFR 144.87(b)
40CFR144.88(b)(l)(v)
40 CFR 144.84(b)(2)
40CFR144.87(a)and(c)
40 CFR 144.88(b)(l)(ii)
40 CFR 144.87(c)
40 CFR 144.87(b)(vi)
40 CFR 144.87(fj
40 CFR 144.88(b)(vi)
40 CFR 144.87(h)
40 CFR 144.88(a)(l)(ii)
40 CFR 144.88(b)(l)(vii)
40 CFR 144.89(a)
40 CFR 144.82(b)
40CFR144.88(b)(l)(iii)
and (iv)
40 CFR 144.89(b)
40 CFR 146.5
40 CFR 144.23(c)
40CFR146.10(c)
40 CFR 146.3
Section in
Guidance
2.B.1
3.B
2.B.2
5.B
2.B.1
3.C
2.B.2
6.A
6.C
6.B
6.D
6.E
7.A
7.B
7.C
7.D
8.A
8.B
3.D
5.D
3.C.1
5.C.1
3.C.2
5.C.2
5.C.3
5.C.4
5.E.2
9.A
9.B
9.C
9.D
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
F. Scope of this Implementation Guide
This implementation guide was developed through a workgroup process involving EPA
Headquarters and Regions. It was distributed and used at the ten State Implementation Training
Workshops. This latest version of the guide has been revised and updated based on feedback and
comments from participants of the State implementation training workshops, other State and EPA UIC
and drinking water program staff, and various stakeholder organizations. 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 presents the requirements and implementation time line for large-capacity
cesspools.
• Section 4 addresses the State Source Water Assessment and Protection Program
mandated under the SDWA Amendments of 1996, as it relates to the Class V Rule.
• 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 presents the implementation time line for motor vehicle waste disposal wells in
States that decide to apply the Class V Rule statewide.
• Section 9 covers other changes contained in the Class V Rule, which are not specifically
related to motor vehicle waste disposal wells and large-capacity cesspools.
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 Rule fact sheet.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
• Appendix C provides a list of frequently asked questions. [Under review.]
Appendix D contains a sample permit application form.
• Appendix E contains a sample pre-closure notification form.
Appendix F contains a sample inventory form.
• Appendix G contains training presentation materials for the Rule.
Appendix H presents the national primary drinking water standards.
• Appendix I 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 J contains a glossary used in this implementation guide.
Apart from this implementation guide, EPA has developed the following guidance documents on:
• Delineating other sensitive ground water areas.
• Converting motor vehicle waste disposal wells to other Class V wells.
Finally, a guidance document has been prepared by EPA to help States to adopt the new
requirements of the Class V Rule to retain their primacy of the Class V program. This guidance includes
a detailed time frame, guidelines, and references for States to submit their primacy revision packages for
EPA review and approval.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 1 FEDERAL REQUIREMENTS APPLICABLE TO ALL CLASS V WELLS (40
CFR 144)
LA. 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 all applicable UIC Program requirements in 40 CFR 144 through 147. While most of the
relevant requirements are repeated or referenced in Subpart G, well owners and operators should read
Parts 144 - 147 to understand the entire UIC Program.
l.B. General Requirements for Class V Wells
The minimum Federal requirement for all Class V wells (with the exception of motor vehicle
waste disposal wells and large-capacity cesspools) is "authorization by rule" (40 CFR 144.24). Class V
wells are authorized by rule and may inject as long as:
(1) They do not endanger USDWs (40 CFR 144.12), and
(2) 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, the UIC Program Director
may call the well owner or operator in for a permit (40 CFR 144.25), require that the well be closed, 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 in the new Subpart G.
Table 1.1- UIC Requirements for all Class V Injection Wells
Existing Rule Requirements
Submission of inventory information
Non-endangerment of USDWs
Submission of requested information (DI States)
Apply for a permit (as required)
Existing Federal Citation
40 CFR 144.26
40 CFR 144. 12
40 CFR 144.27
40 CFR 144.25
Subpart G
40 CFR 144.83(a)
40 CFR 144.82(a)
40 CFR 144.83(b)
40 CFR 144.84(b)
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)).
The regulations require the UIC Program to take one or more of the following actions if they learn that a
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Class V well may cause a violation of a primary drinking water regulation or adversely affect the public
health (40 CFR 144.12(c)):
(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.
The UIC Program 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 UIC
Program in a timely manner (40 CFR 144.26). A well owner or operator is not authorized to inject until
they submit inventory information. At a minimum, the well owner or operator must provide the following
(40 CFR 144.83(a)(2)(i)):
(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: This information is 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 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 owners 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 (40 CFR 144.83(a)(l)(ii)). Additional requirements for well owners and operators in DI
States are outlined in Section I.E.
I.E. Additional Requirements of DI Programs (Inventory and Information Request)
The Class V Rule changed the timing of the inventory 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/r/'or to constructing their wells (40 CFR 144.83(a)(l)(i)).
10
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State Implementation Guidance - Revisions to the UIC Regulations for Class V Injection Wells
If owners or operators have not submitted inventory information, they must cease injection and
submit inventory information (40 CFR 144.83(a)(l)(ii)). A well owner or operator is not allowed to
inject into a well that has not been properly inventoried. Upon submission of inventory information, a well
owner or operator must wait 90 days before resuming injection, unless EPA notifies them that they can
begin injection sooner (40 CFR 144.83(a)(l)(ii)). Owners and operators of certain Class V well types
are required to submit additional information under the inventory requirements (40 CFR
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. EPA must
make their request in writing, with a brief statement of the reasons for requiring the information (40 CFR
144.27).
I.F. Permit Requirement (when deemed necessary)
A UIC Program Director 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 UIC requirements (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 UIC regulation, and
(3) The protection of USDWs requires that the injection operation be regulated by
requirements (e.g., corrective action, monitoring and reporting, or operation), which are
not contained in the UIC regulation
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 UIC Program (40 CFR 144.25).
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 2 KEY DATES OF THE CLASS V RULE
2.A. Effective Date of the Class V Rule
The Class V Rule adds new requirements for two categories of 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 November 23, 1999.
Published on December 7, 1999 (64 FR 68546).
Effective on April 5, 2000.
2.B. Important Compliance Dates to be Tracked by UIC Programs
2.B.I. New and Existing Large-Capacity Cesspools
Under DI Programs, new large-capacity cesspools are banned nationwide as of April 5, 2000.
The ban becomes effective in Primacy States once their new State rule requirements are finalized. 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 Section 3 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.
Key Compliance Dates Associated with Large-Capacity Cesspools:
New Large-Capacity Cesspools
• For DI Programs - Nationwide ban as of April 5, 2000
• For Primacy States - April 5, 2000 ban takes effect on date of
State rule changes
Existing Large-Capacity Cesspools
• Closed nationwide by April 5, 2005
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
2.B.2.
New and Existing Motor Vehicle Waste Disposal Wells
Under DI Programs, new motor vehicle waste disposal wells are banned nationwide as of April
5, 2000. The ban becomes effective in Primacy States once their new State rule requirements are
finalized. New wells are those for which construction started on or after April 5, 2000. Owners and
operators of existing motor vehicle waste disposal wells in regulated areas must either close their well or
seek a waiver from the ban and obtain a permit to continue operation (40 CFR 144.88(b)(l)). The Rule
outlines minimum permit conditions.
Regulated areas are ground water protection 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 or EPA Regions for DI Programs. Detailed discussions of the source water
assessment and protection programs and other sensitive ground water areas are available in Section 4 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 (40 CFR 144.87(b)(l)(ii) and 144.87(c)).
Important State Deadlines for 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 (40 CFR 144.87(b)(ii)).*
January 1, 2004 - States must delineate other sensitive ground
water areas (40 CFR 144.87(c)).*
* 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 (40 CFR 144.87(b)(ii) and
144.87(c)).
Additional discussions on the new requirements for motor vehicle waste disposal wells are
available in Section 5 of this guide. Detailed compliance time lines for motor vehicle waste disposal wells
are presented in Sections 6, 7, and 8. 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 (40 CFR
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
144.88(b)(l)(i)) (see Section 6). Owners and operators of wells located in other sensitive ground water
areas must be in compliance by January 1, 2007 or January 1, 2008, if a State is granted a one-year
extension to complete the delineation (40 CFR 144.88(b)(l)(ii)) (see Section 7).
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 3 REQUIREMENTS AND IMPLEMENTATION TIME LINE FOR LARGE-
CAPACITY CESSPOOLS
3.A. Definition of Large-Capacity Cesspools
A cesspool is typically "a drywell that receives untreated sanitary waste containing human
excreta, 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 is used solely for the disposal of sanitary waste and has
the capacity to serve 20 or more people per day (e.g., a rest stop or church).
The Class V Rule does not affect cesspools used by single family homes or non-
residential cesspools that serve fewer than 20 people in a day. In addition, a drywell
receiving effluent from a septic tank (i.e., a septic tank and drywell combination) is
not considered to be a cesspool.
Many States do not use the "20 persons a day" criterion and instead use 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.
3.B. Nationwide Ban of New Large-Capacity Cesspools
Under DI Programs, new large-capacity cesspools are banned nationwide as of April 5, 2000.
The ban becomes effective in Primacy States once their new State rule requirements are finalized. New
wells are those for which construction started on or after April 5, 2000 (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.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
3.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.
3.C.I. Pre-Closure Notification
The pre-closure notification requirement applies to both Primacy States and DI Programs.
Before closing a large-capacity cesspool, the owner or operator must notify the State or EPA UIC
Program of their intent to close the well at least 30 days prior to well closure (40 CFR 144.88(a)(l)(ii)).
States are not required to respond to pre-closure notifications. The 30-day period was
established to allow States sufficient time to respond to pre-closure notices if they choose to do so.
States can allow or require well closure before 30 days, if they believe that such actions would be more
protective of public health (40 CFR 144.88(a)(l)(ii)).
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. Primacy States may use their own pre-
closure notification systems, or adopt all or part of the EPA form for their own use.
3.C.2. Well Closure Requirements
EPA has not promulgated new owner and operator requirements for well closure.
However, the existing rule states that:
• Wells must be closed in a manner that prevents movement of
contaminated fluid that may endanger USDWs (40 CFR
144.89(a)(l)).
• 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 (40 CFR 144.89(a)(l)).
States and EPA UIC Programs may have additional or more specific closure requirements (40
CFR 144.82(b)).
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
3.D. 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.
3.E. Jurisdictional Issues
UIC Programs are responsible for ensuring that the new requirements for large-capacity
cesspools are implemented. However, cesspools of varying sizes are commonly regulated by different
governmental offices 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). The UIC Program is responsible for ensuring that these non-UIC
programs meet UIC program requirements when regulating large-capacity cesspools.
UIC Programs need to work with the appropriate agencies in their States to ensure that all State
requirements are consistent with the ban, identify areas of joint jurisdiction, and ensure that the UIC
program requirements are met. Joint jurisdiction (across more than one agency) can be confusing to
large-capacity cesspool owners and operators. For example, a local or State agency may allow or
permit the construction and operation of large-capacity cesspools which are banned by the Class V Rule.
The UIC Program 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.
However, the UIC Program is responsible for ensuring that the new requirements for large-capacity
cesspools are implemented. Information on transfer of authorities is found in the State Primacy Revision
Guide.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 4 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 located in ground water protection areas and other sensitive ground water areas. Under Section
1453 of the SDWA, as amended in 1996, 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 (see Section 4. A), and (2) other sensitive ground water areas
identified by States or EPA Regions, which require additional protection from motor vehicle waste
disposal wells (see Section 4.C).
4.A. Assessments for Ground Water Protection Areas
A ground water protection area, as defined by the Class V Rule 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 40 CFR 144.88 apply to Class V motor vehicle waste disposal wells
located in ground water protection areas for CWSs and NTNCWSs. 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.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Ground water protection 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.
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.
4.B. Time Line for States to Complete Their Assessments of Ground Water Protection Areas
Under Section 1453 of the SDWA, States are required to ensure that source water assessments
are completed for all public water systems (i.e., including all CWSs, NTNCWSs, and TNCWSs) 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 effect (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 assessments, the State can
apply to EPA for an extension. Applications for extensions must be submitted to EPA by June 1, 2003
(40 CFR 144.87(b)(l)(ii)). EPA may grant up to a one-year extension (i.e., up to January 1, 2005) for a
State to complete the remaining assessments. The extension to complete assessments for ground water
protection areas is a provision of the Class V Rule only.
If a State does not complete the assessments for ground water protection areas, the requirements
for motor vehicle waste disposal wells apply statewide. Owners and operators, regardless of their
location have one year to comply with the Rule.
A summary of the time line for States to complete their local assessments of ground water
protection areas is presented in Table 4.1.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Table 4.1 - Time Line for States to Complete Assessments of Ground Water Protection Areas
State Action Item
Completion of all Source Water Assessments
Completion of all Source Water Assessments with 1 8 month extension
Application for Extending the Deadline to Complete Assessments for Ground Water
Protection Areas
Completion of Assessments of Ground Water Protection Areas
Completion of Assessments of Ground Water Protection Areas with the one-year extension
granted by EPA
Requirement Date
circa November 2001
circaMay 2003
June 1,2003
January 1,2004
January 1,2005
4.C. Other Sensitive Ground Water Areas
The requirements for existing motor vehicle waste disposal wells are expanded to other sensitive
ground water areas as designated by the States, or EPA Regional Offices for DI Programs. Other
sensitive ground water areas are areas critical for the protection of USDWs from contamination by Class
V wells. Expanding the Rule to other sensitive ground water areas gives States and EPA Regions the
flexibility to identify areas, outside ground water protection areas, that require additional protection from
endangering Class V injection wells.
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).
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
4.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 in Primacy States and EPA Regions for DI
Programs, will be responsible for completing the delineation of these sensitive ground water areas.
First, by December 29, 2000, States must develop a plan for identifying other sensitive ground
water areas (40 CFR 145.23(f)(12)). The plan should address the following:
Criteria for identifying certain sensitive geologic conditions such as karst, fractured
bedrock, and unconsolidated aquifers.
• Criteria for identifying legal designations such as sole source aquifers.
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.
• 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. 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 (40 CFR 144.87(c)).
If a State does not 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 4.2.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Table 4.2 - Time Line for States to Delineate Other Sensitive Ground Water Areas
State Action Item
Submission of Delineation Plan
Application for Extending the Deadline to Delineate Other Sensitive Ground Water
Areas (if needed)
Completion of the Delineation of Sensitive Ground Water Areas (without the one-year
extension granted by EPA)
Completion of the Delineation of Sensitive Ground Water Areas (with the one-year
extension granted by EPA)
Requirement Date
December 29, 2000
June 1,2003
January 1,2004
January 1,2005
4.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 plan to work with their States and Tribes to
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 Primacy
States. Public Notice will be given regarding the plans availability as appropriate. The EPA Regions and
DI Programs must then complete the delineation by the January 1, 2004 deadline (40 CFR 144.87(c)
and 145.23(f)(12)). In order to give DI Programs the maximum flexibility, EPA will encourage
appropriate agencies within the DI State or Tribe to do the delineation. If the DI State or Tribe agrees to
perform the delineation, the agreement between the DI State or Tribe and EPA should be formalized in
writing. EPA may provide technical assistance and/or enter into a Memorandum of Understanding with
the States or Tribe in developing the plans and conducting the delineation of other sensitive ground water
areas.
If a DI State or Tribe requires more time to delineate these areas, it can apply for an extension to
complete the delineation by January 1, 2005. Such an application must be completed and submitted to
EPA by June 1, 2003 (40 CFR 144.87(c)). An extension will only be granted if reasonable progress has
been made in completing the delineations but more time is needed to complete the task.
4.F. States Choosing not to Delineate Other Sensitive Ground Water Areas
Primacy States have the flexibility not to delineate other sensitive ground water areas. If Primacy
States do not delineate other sensitive ground water areas, the Rule applies statewide. Such a decision
should be reflected in the primacy revision application. Detailed discussions on the application of the
Class V Rule in States that do not delineate other sensitive ground water areas are available in Section 8
of this implementation guide.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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 exists.
There is an absence of motor vehicle waste disposal wells across the State.
• The majority, or all, of the State is considered to be a sensitive ground water area.
4.G. Information Sharing for the Assessments of Ground Water Protection Areas
4.G.I. Interagency and Interdepartmental Information Exchange
For a State with primacy in both the Class V UIC and Public Water System Programs, the UIC
Program should work closely with the State Public Water System 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 Public Water System Programs would be essential to implement the
Class V Rule.
For a State with primacy in the Public Water System Program but not the Class V UIC Program,
the EPA Regional Office will need to work closely with the State Public Water System 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.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
4.G.2.
Information for the Public and Well Owners and Operators
To assist well owners and operators in complying with the Class V Rule
requirements, EPA strongly encourages States to consider the following:
• Make the results of local source water assessments for ground water
protection areas available to the public in a timely manner.
• Notify owners and operators who have submitted inventory regarding
the new rule requirements and compliance deadlines.
• Conduct additional outreach activities - outreach can be coordinated
between the Source Water Assessment and Protection, the UIC Programs
and outside groups such as trade organizations, building and plumbing
inspectors, and local watershed associations.
4.H. Information Sharing for the Delineation of Other Sensitive Ground Water Areas
4.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 Source Water Assessment Program, State Geological Surveys,
and State Drinking Water Program) to develop the plans and delineate other sensitive ground water
areas. It is also important to use experiences gained from the process of susceptibility determinations (a
part of the source water assessment process) to develop the delineation approach for other sensitive
ground water areas.
For DI Programs, EPA will work with the States and Tribes to develop plans for delineating
other sensitive ground water areas. EPA will encourage DI States and Tribes to conduct the delineations.
EPA may provide technical assistance to States and Tribes and/or enter into a Memorandum of
Understanding to develop the plans and conduct 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 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
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Developing the application to extend the deadline to complete delineation of other
sensitive ground water areas.
4.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 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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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 5 NEW REQUIREMENTS FOR MOTOR VEHICLE WASTE DISPOSAL
WELLS
5.A. Definition of Motor Vehicle Waste Disposal Wells
Motor vehicle waste disposal wells are typically drywells, septic tank and leachfield
combinations, or other subsurface fluid distribution systems 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. "
5.B. Nationwide Ban of New Motor Vehicle Waste Disposal Wells
Under DI Programs, new motor vehicle waste disposal wells are banned nationwide as of April
5, 2000. The ban becomes effective in Primacy States once their new State rule requirements are
finalized.
Floor drains at motor vehicle service bays may no longer be connected to septic
systems or drywells. States should notify all 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.C. Requirements for Existing Motor Vehicle Waste Disposal Wells
5.C.I. Pre-Closure Notification
The pre-closure notification requirement applies to both Primacy States and DI Programs.
Before closing or converting a motor vehicle waste disposal well, the owner or operator must notify the
State or EPA UIC Program of their intent to close the well at least 30 days prior to well closure (40 CFR
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
States are not required to respond to pre-closure notifications. The 30-day period was
established to allow States sufficient time to respond to pre-closure notices if they choose to do so.
States can allow or require well closure before the 30 days, if they believe that such actions would be
more protective of public health. Well owners and operators may only close their wells sooner if
required by State UIC Programs (40 CFR 144.88(a)(l)(ii)).
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. Primacy States may use their own pre-
closure notification systems, or adopt all or part of the EPA form for their own use.
5.C.2. Well Closure Requirements
EPA has not promulgated new owner and operator 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 (40 CFR
144.89(a)(l)).
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 (40 CFR 144.89(a)(l)).
State and EPA UIC Programs may have additional or more specific closure requirements (40
CFR 144.82(b)).
5.C.3. 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 to well owners and operators. Although States may develop and use other
approaches to grant waivers (e.g., the use of general permits), EPA believes that the issuance of site-
specific permits is the most protective approach.
In States that decide to allow for a waiver and issue permits, the permit will also have to meet all
requirements found in 40 CFR 144.25.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Permits for motor vehicle waste disposal wells must include the following minimum permit
conditions (40 CFR 144.88(b)(l)(iv)):
(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 injection1
(2) Best management practices (BMPs) that must be followed as specified in the permit.
(3) Monitoring of injectate and sludge (if present in drywells 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.
NOTE: The frequency of monitoring will be determined by the UIC Program Director
and specified in the permit. (See Section 5.C.4)
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.
5.C.4. Monitoring Requirements
The Class V Rule does not specify monitoring requirements. The UIC Program Director
must establish specific monitoring requirements when developing permits.
EPA believes that UIC Directors should consider 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.
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 drywell, it is likely to
be the well bore itself.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
(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 requirements as (2), in addition to pumping and
properly disposing 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 inj ectate 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; and
(e) Other requirements established by the State to protect USDWs (e.g.,
ground water monitoring and non-degradation requirements).
(5) If owners and operators cannot meet the above conditions, they may be required to close
the well.
5.C.5. 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 new
treatment technologies. This one-year extension does not apply to the permit application deadline.
5.D. General Requirements for Endangering Motor Vehicle Waste Disposal Wells
Any motor vehicle waste disposal well may have the potential to endanger USDWs regardless of
their location. States should use existing authorities to take any appropriate enforcement actions against
the owner or operators of an 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) may not be applicable to wells that are found to
be an endangerment to USDWs.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
5.E. Other Issues Associated with Motor Vehicle Waste Disposal Wells
5.E. 1. Storm Water Drainage Wells
Motor vehicle service facilities with storm water drainage wells that are designed for storm water
management but may also 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, storm water wells are
still regulated and are 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 is being developed and will
be available in the near future.
5.E.2. Conversion of Motor Vehicle Waste Disposal Wells to Other Class V Wells
States 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 (40 CFR 144.89(b)), and
• The facility's compliance history and records of proper waste disposal make it unlikely
that motor vehicle waste will enter the well (40 CFR 144.89(b)).
NOTE: 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 (40 CFR 144.89(b)).
EPA believes that in order to meet the above requirements for well conversion, owners and operators of
these other types of Class V injection wells in motor vehicle service facilities should implement BMPs.
EPA is developing a guidance for the conversion of motor vehicle waste disposal wells and it will be
available under separate cover.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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 and Operator Compliance Dates 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
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 does not apply to the
permit application deadline.
The compliance deadline for affected well owners and operators is one year after the completion of the
local assessment (40 CFR 144.88(b)(l)(v)). If a State requires more time to complete its local
assessments beyond the January 1, 2004 deadline, the State can apply for an extension by June 1, 2003,
(see Section 4.B). The affected well owners and operators will have one year after the completion of the
local assessment to comply with the Class V Rule requirements. 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
does not apply to the permit application deadline.
NOTE: The extension to complete local assessments is a provision of the Class V Rule. The
purpose is to provide extra time for States to complete their assessment of ground water
protection areas so the Class V Rule does not apply statewide. This is not an extension to the
time line for State Source Water Assessments Programs.
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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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Table 6.1- Time Line for Motor Vehicle Waste Disposal Wells Located in Ground Water Protection
Areas with Completed Assessments
State Action Item
Completion of all Source Water
Assessments by January 1, 2004
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well
Requirement Date
Within 90 days after the local
assessment completion date
(recommended)
Within 1 year after the local assessment
completion date, unless granted an
extension to comply (up to 1 year)
If a State completes 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 (40 CFR 144.88(b)(l)(v)).
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. The
Preamble to the Rule suggests that, in these cases, owners and operators of existing
motor vehicle waste disposal wells located in ground water protection areas (with
completed assessments) should 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 does not apply to the permit application
deadline.
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 existing 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 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 does not apply to the permit
application deadline.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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 in 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 approval date of the
revised UIC Program is before the
completion date of the correspondin
local assessment.
The well is in a Dl State where EPA is
implementing the UIC program.
The well owner or operator has one
year after the completion date of the
local assessment to close the well or
operate under permit conditions.
/The Preamble to the Class V Rule suggests^
that the well owner or operator sholuld have\
one year from the date of EPA's approval of 1
the revised UIC Program to close the well or /
\ operate under permit conditions.* J
* 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
approval. This one-year extension, however, does not apply to the
permit application deadline.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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
A State can apply to EPA for an extension if they have made reasonable progress in completing
their local assessments for ground water protection areas but require more time beyond the January 1,
2004 deadline. An application for extension must be submitted by June 1, 2003, and the State must
show that it has made reasonable progress in completing the assessment (40 CFR 144.87(b)(l)(ii)).
EPA may grant up to a one-year extension for a State to complete the remaining assessments (i.e., up to
January 1, 2005).
NOTE: The extension to complete local assessments is a provision of the Class V Rule. The
purpose is to provide extra time for States to complete their assessment of ground water
protection areas so the Rule does not apply statewide. This is not an extension to the time line for
State Source Water Assessments Programs.
Owners and operators of motor vehicles waste disposal 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 (40 CFR 144.88(b)(l)(v)). This one-year extension 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.
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 Item
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
Requirement Date
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)
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
6.D. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in States that do
not Complete Their Assessments by January 1, 2004
As discussed in Section 4.B, EPA believes that all States will complete their source water
assessments for ground water protection areas by January 1, 2004. The following compliance dates are
included to present all possible scenarios.
If a State does not complete its local assessments for ground water protection areas and does
not receive an extension, the Class V Rule requirements will apply statewide on January 1, 2004.
Owners and operators of motor vehicle waste disposal wells located outside of completed assessment
areas, 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 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 outside of completed local assessment areas, in States that do not complete their
assessments by January 1, 2004 is presented in Table 6.3.
Table 6.3 - Time Line for All Motor Vehicle Waste Disposal Wells, Located Outside of
Completed Local Assessment Areas, in States that do not Complete Their Local Assessments of Ground
Water Protection Areas
State Action Item
All Local Assessments of Ground Water
Protection Areas Not Completed by the
Original January 1 , 2004 Deadline and do
not Receive an Extension
Owner and Operator Action
Apply for a permit
Operate under permit conditions, or
Close the well
Requirement 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 do not Complete Their Assessments by January 1, 2005
As discussed in Section 4.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 scenarios.
Jf a State receives a one-year extension but does not 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, located outside of
completed local assessment areas, 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
35
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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 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 outside of completed assessment areas, in States that do not complete their assessments by
January 1, 2005 is presented in Table 6.4.
Table 6.4 - Time Line for All Motor Vehicle Waste Disposal Wells, Located Outside of
Completed Local Assessment Areas, in States that Receive an Extension but do not Complete Their
Local Assessments of Ground Water Protection Areas
State Action Item
All Local Assessments of Ground Water
Protection Areas Not Completed 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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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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
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 Programs (see Section
4.C). States and EPA Regions must delineate other sensitive ground water areas by January 1, 2004 (40
CFR 144.87(c)).
Owners and operators of wells in other 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 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 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 Completed by January 1, 2004
State Action Item
Delineate 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
Requirement Date
As soon as practical (recommended)
By January 1 , 2007, unless granted an
extension to comply (up to 1 year)
7.B. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells in Other Sensitive
Ground Water Areas in States that Receive up to a One-Year Extension to Complete
Their Delineation
States can apply to EPA for an extension for up to one year if they have made reasonable
progress in completing the delineations for other sensitive ground water areas but require additional time
beyond the January 1, 2004 deadline. An application for extension must be submitted by June 1, 2003
(40 CFR 144.87(c)). Jf 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. NOTE: 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.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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.
he State completed the
delineation of other sensitive
ground water areas by
January 1, 2004.
The State applied for and
obtained an extension to
complete the delineation
by January 1, 2005.
/The well owner or operator has \
I until January 1, 2007 to close the \
I well or operate under permit I
\ conditions.* /
/The well owner or operator has\
/until January 1, 2008 to close the ^
I well or operate under permit I
\ conditions. J
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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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
A summary of the compliance dates for owners and operators of motor vehicle waste disposal
wells located in other sensitive ground water areas with delineations 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 ot States that Receive an Extension to Lorn
State Action Item
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
Dlete 1 heir Delineation
Requirement Date
As soon as practical (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 do
not Delineate Other Sensitive Ground Water Areas by January 1, 2004
As discussed in Section 4.D, EPA believes that all States will complete their other sensitive
ground water delineations by the deadline. The following compliance dates are for motor vehicle waste
disposal wells located outside ground water protection areas (which are under a different compliance
schedule as described in Section 6).
If a State does not complete its delineation of other sensitive ground water areas by the January
1, 2004 deadline and does not receive an extension, the Class V Rule requirements apply statewide.
Owners and operators of motor vehicle waste disposal wells, located outside of ground water protection
areas, have to close their wells or operate their wells under permit conditions by January 1, 2007. 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 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 outside of ground water protection areas, in States that do not 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 Outside of
Ground Water Protection Areas, in States that do not Delineate Other Sensitive Ground Water Areas by
January 1, 2004
State Action Item
Delineation of Other Sensitive Ground
Water Areas Not Completed 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)
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
7.D. Compliance Dates for Existing Motor Vehicle Waste Disposal Wells, Located Outside
of Ground Water Protection Areas, in States that Receive an Extension but do not
Complete Their Delineation by January 1, 2005
As discussed in Section 4.D, EPA believes that all States will delineate other sensitive ground
water areas within the given timeframe. The following compliance dates are for motor vehicle waste
disposal wells located outside ground water protection areas (which are under a different compliance
schedule as described in Section 6).
If a State is granted an extension to delineate other sensitive ground water areas but does not
complete its delineation by the extended deadline of (up to) January 1, 2005, the Class V Rule
requirements will apply statewide. Owners and operators of all motor vehicle waste disposal wells,
located outside of ground water protection areas, would then have to close their wells or operate their
wells under permit conditions by January 1, 2008, unless they are located in ground water protection
areas and are under a different compliance schedule as described in Section 6.
NOTE: Jf 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 outside of ground water protection areas, in States that do not delineate other sensitive
ground water areas by the extended deadline of January 1, 2005 is presented in Table 7.4.
Table 7.4 - Time Line for Motor Vehicle Waste Disposal Wells, Located Outside of Ground Water
Protection Areas, in States that Receive an Extension but do not Complete Their Delineation of Other
Sensitive Ground Water Areas
State Action Item
Delineation of Other Sensitive Ground
Water Areas Not Completed 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 (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.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 8 STATEWIDE APPLICATION OF THE CLASS V RULE ON EXISTING
MOTOR VEHICLE WASTE DISPOSAL WELLS
A State has the flexibility not to link the Rule implementation schedule to the schedules of the
State Source Water Assessment Program and/or the delineation of other sensitive ground water areas.
Such a decision, however, must be reflected in the primacy revision application (40 CFR 145.23).
A State may decide not to link the Rule implementation to the assessments of ground water
protection areas and/or delineation of other sensitive ground water areas for a variety of reasons that may
include:
• Existing statewide ban of motor vehicle waste disposal wells.
• New statewide ban of motor vehicle waste disposal wells.
Absence of motor vehicle waste disposal wells across the State.
All or most of the State is considered a sensitive ground water area.
If a State decides to apply the Rule statewide, it will not need to designate other sensitive
ground water areas and therefore will not need to develop and include a delineation plan in
the primacy revision application.
In general, the statewide implementation of the Rule may take on one of the following forms:
• Implement the Rule statewide without linking to the assessments of ground water
protection areas and delineation of other sensitive ground water areas.
• Implement the Rule in ground water protection areas first and then statewide at a later
time.
Implement the Rule in ground water protection areas first, then in other sensitive ground
water areas, and finally statewide.
8.A. Statewide Application that is not Linked to Ground Water Protection Areas and Other
Sensitive Ground Water Areas
If a State chooses not to link the implementation of the Rule with the assessment of ground water
protection areas and/or the delineation of other sensitive ground water areas, it must develop an
implementation time line that is as stringent as the Federal requirements. States should contact the EPA
Regional UIC Program to discuss possible implementation timelines.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
8.B. Statewide Application After Implementation in Ground Water Protection Areas
If a State determines to initially implement the Rule in ground water protection areas and then
apply the Rule statewide, it would need to follow the implementation time line associated with the
assessments for ground water protection areas and then specify January 1, 2004 as the statewide Rule
application date. For wells located outside of the ground water protection areas, well owners and
operators will need to comply with Rule requirements by January 1, 2007.
8.C. Statewide Application After Implementation in Ground Water Protection Areas and
Other Sensitive Ground Water Areas
Jf a State determines to first implement the Rule in ground water protection areas, then in other
sensitive ground water areas, and finally the remaining areas of the State, it would follow the
implementation time lines associated with the assessment for ground water protection areas and the
delineation of other sensitive ground water areas (as outlined in Sections 6 and 7). The State will have
met the minimum Federal requirements and can apply the Rule statewide in areas outside of ground water
protection areas and other sensitive ground water areas as determined by the State.
A summary of the compliance dates for owners and operators of motor vehicles waste disposal
wells located in States that determine to apply the Rule statewide is presented in Table 8.1.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Table 8.1- Time Line for Motor Vehicle Waste Disposal Wells Located in States that
Determine to Apply the Rule Statewide
State Action Item
Rule Implementation
not Tied to Ground
Water Protection
Areas and Other
Sensitive Ground
Water Areas
Rule Implementation
Tied to Ground
Water Protection
Areas and not to
Other Sensitive
Ground Water Areas
Rule Implementation
Tied to Ground
Water Protection
Areas and Other
Sensitive Ground
Water Areas, and
then Statewide
Well Located
Across the entire
State
In ground water
protection areas
Outside of ground
water protection
areas
In ground water
protection areas
In other sensitive
ground water areas
Outside of ground
water protection
areas and other
sensitive ground
water areas
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
Apply for a permit
Operate under permit
conditions, or
Close the well
Apply for a permit
Operate under permit
conditions, or
Close the well
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
As specified by the State's implementation
schedule
As specified by the State's implementation
schedule. The State must develop an
implementation time line that is as stringent as
the Federal requirements.
Within 90 days after the local assessment
completion date (recommended)
Within 1 year after the local assessment
completion date, unless granted an extension to
comply (up to 1 year)
As soon as practical
By January 1 , 2007, unless granted an
extension to comply (up to 1 year)
Within 90 days after the local assessment
completion date (recommended)
Within 1 year after the local assessment
completion date, unless granted an extension to
comply (up to 1 year)
As soon as practical but no later than early
2006 or early 2007 if the State receives a one-
year extension to complete its assessments
(recommended)
By January 1, 2007 or January 1, 2008 (if the
State receives a one-year extension to complete
its assessments), unless granted an extension to
comply (up to 1 year)*
As specified by the State
As specified by the State
* 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 of other sensitive ground water areas, that is, the last possible compliance date for affected wells located in other
sensitive ground water areas is January 1,2008.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
SECTION 9 OTHER CHANGES TO THE UIC REGULATION
The Class V Rule makes changes and provides clarifications in three areas that are related to the
other aspects of the UIC Program:
(A) Reclassification of radioactive waste disposal wells.
(B) 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.
(C) Clarification of the plugging and abandonment requirements for Class IV and Class V
wells.
In addition, the Class V Rule provides new and expanded definitions of terms relating to Class V injection
practices.
9.A. Reclassification of Radioactive Waste Disposal Wells
Class V radioactive waste disposal wells injecting below all USDWs have been reclassified as
Class I wells (40 CFR 144.6(a) and 146.5(a)). EPA has determined 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 reclassified
them 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. EPA believes that all of the reclassified radioactive waste
disposal wells are located in Texas and are currently regulated as Class I wells.
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 n 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.
9.B. Rule Authorization of Class IV Wells Used in Site Cleanup and Remediation
The Class V Rule lifts the ban on Class IV wells if they are authorized as part of site cleanup and
remediation under CERCLA and RCRA programs, or related State programs (40 CFR 144.23). If the
injection wells are used to inject treated contaminated ground water (but still considered to be a
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
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. If a State determines not to expand this coverage to State authorized cleanup and
remediation programs, it can choose not to adopt this provision. 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.
9.C. Clarification of the Plugging and Abandonment Requirements for Class IV and Class V
Wells
The Class V Rule revises 40 CFR 146.10 by clarifying the plugging and abandonment
requirements for Class IV and Class V wells. Prior to abandoning any Class IV well, the owner or
operator must notify the appropriate State or EPA UIC program of their intent to abandon the well at
least 30 days prior to abandonment (40 CFR144.23(b)(3)). Then, the well owner or operator must plug
or close the well in a manner acceptable to the State or EPA UIC program (40 CFR 146.10(b)).
For Class V wells (other than motor vehicle waste disposal wells and large-capacity cesspools),
prior to abandoning a well, the well owner or operator must 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 (40 CFR
146.10(c)(l)). 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 well in accordance with all applicable
Federal, State, and local regulations and requirements (40 CFR 146.10(c)(2)).
9.D. New and Expanded Definitions
A number of definitions have been added or modified to clarify EPA's intent in regulating Class V
wells and to make the Class V Rule easier to follow (40 CFR 146.15).
Cesspools 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.
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State Implementation Guidance - Revisions to the UIC Regulations for Class VInjection Wells
Point of injection for Class V wells means the last accessible sample 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 drywell, it is likely to be the well bore itself.
Sanitary waste means 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 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.
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