Notes From Underaroun
An update on source water protection and underground pollution control from the
U.S. Environmental Protection Agency (EPA), Region 9, serving Arizona, California,
Hawaii, Nevada, Native American Tribes in those states, and the Pacific Islands.
Winter 2000
EPA 909-N-00-001
UNDERGROUND
INJECTION
CONTROL
REGULATIONS
AMENDED
• As of April, 2000:
NO new large capacity
cesspools
NO new motor vehicle
waste disposal wells
Any existing large
capacity cesspools
and motor vehicle
waste disposal wells
will be phased out
ALSO INSIDE:
• Stormwater Phase II
regulations
Questions about
dairy impacts to
water quality?
www.epa.gov/
regionOS/
animalwaste
EPA bans Motor Vehicle Waste Disposal Wells
and Large Capacity Cesspools due to their
high risk to Underground Sources of Drinking Water
Shallow injection wells are used throughout the United States to dispose of
stormwater, sewage, and other waste fluids. Some wastes are not suitable for
discharge to soil and underlying ground water, because of their potential to
contaminate drinking water sources.
On December 7, 1999, the Environmental Protection Agency (EPA) published
revisions to the Class V Underground Injection Control (UIC) regulations, adding
new restrictions for two categories of shallow Underground Injection wells: motor
vehicle waste disposal wells and large capacity cesspools.
Why regulate Motor Vehicle Waste Disposal Wells. Fluids drained from engines
during maintenance include substances known to contaminate underground
sources of drinking water, including fuel and fuel oxygenates (such as MTBE), anti-
freeze (ethylene glycol) and metals. Contaminants can also be introduced during
maintenance, such as degreasers (perchloroethylene or PCE.) These substances
may contaminate ground water through shallow disposal wells, also called sumps,
drywells, septic systems, and infiltration galleries.
Why regulate large Cesspools. Cesspools, most commonly constructed as pits
reinforced with brick, stone or concrete, allow untreated sewage to percolate directly
to soil and ground water. Large-capacity cesspools (serving 20 or more persons per
day) are being phased out because they can be a significant source of microbial
contamination and nitrates. EPA recognizes that in most parts of the country, local
environmental health regulators have made significant progress in eliminating large
and single-family cesspools. EPA's action with this rule reinforces local and state
efforts to protect public health.
Underground Injection regulations were adopted in 1984, under the Safe Drinking
Water Act, to address potential risks to ground water from a variety of deep and
shallow subsurface disposal practices. The original regulations were very broad,
due to the diverse array of construction configurations and uses of wells, especially
shallow injection wells (Class V wells.) This subcategory of wells includes any
constructed system for underground waste disposal, such as drywells, septic
systems, and modified sinkholes.
Federal Register Notice 99-31048 contains the new regulations and clarifications of
existing EPA Underground Injection Control program requirements. They will be
published in the next Code of Federal Regulations in 40 CFR, parts 144-147. Class
V regulations are consolidated in 40 CFR part 144, Subpart G.
(continued)
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Clarifications for all Class V wells:
- Definitions of Class V shallow disposal wells have been
clarified to define the terms drywell, cesspool, improved
sinkhole, point of injection, septic system, and subsurface
fluid distribution system.
- If you are required or decide to close your Class V injection
well, you must submit preclosure notification to their DIG
program (at the state environmental agency or regional EPA
office) a minimum of 30 days priorto the closure ordestruction
of the well(s). EPA will develop a preclosure notification form;
primacy states (Nevada) may adopt the EPA form or develop
their own.
Specific Requirements for 2 well types:
New Restrictions for Motor Vehicle Waste Disposal
Wells: The construction of new motor vehicle waste disposal
wells is prohibited as of April 5, 2000. Motor vehicle waste
disposal wells existing priorto April 5,2000 may be required to
close and/or convert (so that no motor vehicle waste reaches
the well) if they are located within state-designated ground
water protection areas or other sensitive ground water areas.
Information about groundwater protection areas will be made
public by state drinking water agencies and the DIG programs.
The 1992 "Guidelines for Closure of Shallow Injection Wells"
will be revised and made available to well owners and other
regulators.
New Nationwide Restrictions for Large Capacity
Cesspools (serving 20 or more persons/day): The
construction of new large capacity cesspools is prohibited as
of April 5,2000. Large capacity cesspools existing priorto that
date will be phased out over five years. Cesspool owners will
be required to connect to a municipal sewer or install an onsite
wastewater treatment unit (such as a septic system)
according to all applicable local and state regulations for new
construction.
Links with the Source Water Program
Most states have already begun to delineate areas critical to
drinking water system supply, called ground water protection
areas. To protect other aquifers which supply private drinking
water wells, state and federal DIG programs may, in
cooperation with state water resources and drinking water
agencies, identify other sensitive ground water recharge
areas, where the new requirements will also be effective.
Restrictions on existing motor vehicle waste disposal wells
may be phased in as areas are delineated or identified.
Program Flexibility: States with delegation of the
Underground Injection Control Program may adopt regulations,
if they have not already done so, that are as stringent or more
stringent than the federal regulations. For example, some
states may identify the whole state as a sensitive ground
water protection area. Several states have already banned
one or more well types. The effective date for regulations in
primacy states (Nevada) and Pacific insular areas will be
determined by the timing of their adoption of the new
regulation.
Other types of Class V Wells
The December 7,1999 amendments address two well types.
Additional well types may be addressed through regulation or
guidance, pending analyses of risk and an assessment of the
effectiveness of existing regulation to control risk. The "Class
V Study" is a compilation of risk and regulatory data for 23
types of injection wells; it is available on the web at http://
www.epa.gov/ safewater/uic/cl5study.html#volumes, or by
calling the EPA regional DIG program at (415) 744-1834.
Why were industrial waste disposal wells not addressed
in this rulemaking? The 1998 proposal addressed three
well types: large capacity cesspools, motor vehicle waste
disposal wells, and industrial waste disposal wells. At several
stages of the rulemaking process, commenters noted large
variations in the category, for example, even within sub-
categories, such as food processing. Other approaches are
being explored, and regulations may be adopted in the future.
All Class V Well owners remain subject to inventory and non-
endangerment requirements.
Owners and operators of injection wells should be prepared to
demonstrate compliance. Compliance evaluation may
include: sampling of sludge and liquid waste in disposal wells;
implementation of Best Management Practices to reduce
contaminant potential; well closure; and routine monitoring.
Some motor vehicle wells may need to be converted for
stormwater disposal. EPA will publish guidance on how to
distinguish motor vehicle waste disposal wells from storm
waterdisposal wells in vehicle areas, and guidance on how to
characterize and close motor vehicle waste disposal wells.
Outreach efforts to prevent the construction of new
shallow disposal wells. EPA is notifying building
departments, developers, and trade organizations as well as
local and state regulators, industry groups, citizens,
government officials and others of these new requirements. If
you would like an EPA staff person to present information
about the Underground Injection Control program or related
ground water protection issues, please call (415) 744-1834. A
20-minute video explaining the risks to ground water from
Class V wells is also available.
For More Information
see www. epa.gov/safewater/uic forthe national press release
and fact sheet; for the regulation, see the Federal Register
dated 12/7/99, vol. 64, no. 234, page 68546 (on the internet
at http://www.access.gpo.gov/su_docs/fedreg/a991207c.html
- scroll to Environmental Protection Agency.)
For general information about the Safe Drinking Water Act,
call the Safe Drinking Water Hotline at (800) 426-4791.
U.S. EPA Region 9 Notes From Underground, Winter 2000, Page 2
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Clean Water Act Stormwater
Phase II Regulations Adopted
The U.S. Environmental Protection Agency announced on
November 1,1999, another significant action under President
Clinton's Clean Water Action Plan to protect America's drinking
water and waterways by curbing one of the greatest remaining
sources of water pollution — storm water runoff. EPA
announced it would reduce storm water runoff from
construction sites between one and five acres and municipal
storm sewer systems in urbanized areas serving populations
of less than 100,000. This new storm water rule builds on the
existing program to control storm water runoff from
municipalities with populations greater than 100,000 and 11
industrial categories, including construction disturbing over
five acres.
Storm water is water from rain or snow that runs off of
city streets, parking lots, construction sites and
residential yards. It can carry sediment, oil, grease, toxics,
pesticides, pathogens and other pollutants into nearby storm
drains. Once this polluted runoff enters the sewersystem, it is
discharged — usually untreated — into local streams and
waterways. A leading public health and environmental threat,
storm water run off can contaminate drinking and recreational
waters. It also remains a major source of beach and shellfish
bed closures. Storm water runoff washes sediment from
construction sites at a rate of 20 to 150 tons per acre each
year. Sediment has been identified as the single largest cause
of impaired water quality in rivers and the third largest cause
of impaired water quality in lakes.
The new storm water Phase II rule is expected to make
approximately 3,000 more river miles safe for boating and
protect up to 500,000 people a year from illness due to
swimming in contaminated waters. It will prevent beach
closures, make fish and seafood saferto eat, and reduce costs
of drinking water treatment. Under the expanded program,
sediment discharges from approximately 97.5 percent of the
acreage under development across the country will be
controlled through permits. Today's new storm water
regulations will control the impacts of storm water runoff
through the issuance of discharge permits under the Clean
Water Act. Permits are expected to be issued for at least
110,000 additional construction sites and over 5,000
municipalities across the country. Facilities and sites will have
three years and 90 days to obtain these storm water permits.
The Phase II permitting program has been structured for
maximum flexibility. Focusing on "best management practices,"
each permittee will be able to select those options resulting in
the most common sense, cost-effective plan for reducing storm
water runoff on a case-by-case basis. Examples of best
management practices include filter fences, storm drain inlet
protection, and temporary mulching and seeding for
construction sites, as well as public education programs, storm
sewer inspections and local storm water ordinances for
municipal programs. The new rule also provides incentives
for industrial facilities to protect their operations from storm
water exposure. At least 70,000 industrial facilities will be able
to take advantage of this new permitting exemption by
protecting their operations from storm water, such as covering
operations under a storm resistant shelter.
The proposed storm water Phase II rule was issued in January
1998. Both the proposed and final rules were developed with
extensive public outreach and communication, including
consultation with a wide cross-section of interested
stakeholders. There was a 90-day public comment period on
the proposed rule, during which EPA received approximately
500 comments. The final storm water Phase II rule was
published in the Federal Register on December 8, 1999. A
copy of the rule and additional information is available on the
Internet at: http:/www.epa.gov/owm/sw/phase2.
(EPA Headquarters Press Release)
So how can storm water be disposed?
The Clean Water Act storm water regulations target storm
waters discharged to surface waters, whereas the UIC program
regulates storm waters discharged to injection wells, such as
drywells or leach fields. With tighter controls on both discharge
options, people may wonder where it is legal to drain the rain.
Best Management Practice documents have been published
by local, state and federal water quality agencies under the
auspices of both the Clean Water Act and Safe Drinking Water
Act programs. Some storm water guidance encourages the
construction of drywells or infiltration galleries to dispose of
stormwater.
Storm water disposal via injection wells is acceptable as long
as the owner/operator of the injection well(s) complies with
the inventory requirement (at 40 CFR part 144.26 and
reiterated in the new regulation at 144.83), and does not allow
wastes or hazardous materials to enter the injection well in
amounts which may cause a violation of the Safe Drinking
Water Act. Residential stormwater is not regulated by the
federal UIC program unless collected and disposed by a
municipality or commercial enterprise.
If motorvehiclerepairfacilities and other industrial operations
implement Best Management Practices (BMPs) to contain all
process wastes and chemical materials above ground, there
should be no need for shallow disposal wells in covered work
areas. Potential contaminants need to be protected from
stormwaterandstormwaterinfiltrationareasto ensure that the
wastes do not find other pathways to surface and ground
waters. Wastewatergenerated during work activities, such as
waste from steamcleaning of engines and engine parts, should
be recovered and recycled if possible, or disposed of legally.
Only precipitation and waterfrom exteriorvehicle washing
should be disposed in storm water infiltration areas or injection
wells.
For questions about Clean Water Act stormwater implementation in EPA
Region 9 areas, call Eugene Bromley at (415) 744-1906. For UIC storm
water disposal wells, call Elizabeth Janes at (415) 744-1834.
U.S. EPA Region 9 Notes From Underground, Winter 2000, Page 3
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Summary of Changes to Underground
Injection Control regulations, 12/7/99
40 CFR parts 144-146
144.3 Changes to definitions and new definitions: cesspool,
drywell, improved sinkhole, point of injection, sanitary waste,
septic system, subsurface fluid distribution system, well, and
well injection. NEWSUBPARTG 144.79 General. 144.80
What is a Class V injection well? 144.81 16 examples of
types of Class V wells. 144.82 Reiteration of prohibition of
fluid movement, regulatory tools to ensure protection, including
steps for closure of wells that endanger ground water. (See
40 CFR part 144.12) 144.83 Reiteration of inventory
requirements, and specific additional inventory information
from specialized wells; (b) examples of information which may
be requested from a specific well owner. (See 40 CFR parts
144.26-27.) 144.84 Criteria for authorization by rule to
operate a Class V injection well, permits, and closure. 144.85
New restrictions on large capacity cesspools and motor vehicle
waste disposal wells. 144.86 Information for well owners
regarding Source Water Assessments. 144.87 Effective dates
and timing with delineations of ground water protection areas
(by Source Water Programs) and other sensitive ground water
areas (delineated by DIG programs) and criteria/schedule for
rule effectiveness statewide. 144.88 Tables which summarize
restrictions/requirements for large capacity cesspools and
motor vehicle waste disposal wells. (Contains Preclosure
Notification form requirement.) 144.89 Summary of steps
required for closure or conversion of injection wells.
145.23 Requirement that delegated state programs and EPA
Regional Direct Implementation programs identify a method
and schedule for delineating other sensitive ground water
areas, i.e., those areas containing underground sources of
drinking water which might not be otherwise delineated
through the Source Water program.
146.3 New definitions reiterated. 146.10 Plugging and
abandonment for all injection wells.
Some Upcoming Events
February17-18: National Ground Water Association's
2000 Pacific FOCUS on Ground Water Conference.
Cathedral Hill Hotel. San Francisco, California. For more
information call toll free (800) 551-7379 or see http://
www.ngwa.org/education/pacific.html.
March 1: Water Education Foundation's 17th Annual
Executive Briefing. Radisson Hotel, Sacramento. For
information, call (916) 444-6240.
April 24-28: California Environmental Health Association
(CEHA) Annual Education Symposium, Fresno, California.
Visit their website at www.ceha.org for information and
registration form.
Notes From Underground
U.S. EPA, Region 9, WTR-9
Ground Water Office
75 Hawthorne Street
San Francisco, CA 94105
OFFICIAL BUSINESS - PENALTY FOR PRIVATE USE $300
FIRST CLASS MAIL
U.S. POSTAGE
PAID
U.S. EPA
Permit No. G-35
Class V Injection
Wells inventoried
in EPA Region 9:
16,320
List edits/e-subscriptions: (415) 744-1834,
or send an email to: janes, elizabeth@epa.gov.
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