Notes From Under
An update on source water protection and underground pollution control from the United
States Environmental Protection Agency (EPA), Region 9, serving Arizona, California,
Hawaii, Nevada, Native American Tribes, and the Pacific Islands.
Summer 1998
EPA 909-N98-002
adapted from EPA 816 F-98-009
Attention:
Injection Well Owners
Public Water Systems
Regulators
Public
Watershed groups
FOR
PUBLIC
COMMENT
Comments on any/
all of this proposal
due to EPA
by 9/28/98
Regional Class V
UIC Program
EPA Announces Proposed Regulatory Changes
as Part of a Comprehensive Strategy for
Class V Injection Wells
What is a Class V Injection Well? Underground Injection Control (DIG) Class V Injection
Wells are typically shallow disposal systems that are used to place a variety of fluids below
the land surface, into or above underground sources of drinking water (USDWs.) Class V
wells are often called "shallow disposal wells." Shallow and deep injection wells are regulated
by EPA and state DIG programs in order to protect USDWs from contamination.
Why are Class V wells of concern? EPA estimates there are more than one million
Class V injection wells currently in the United States, located in every state. The fluids
released by some wells may contain elevated concentrations of contaminants that may
endanger drinking water.
Are Class V injection wells currently regulated? Class V injection wells are regulated
by the UIC program, whose governing regulations were promulgated under the authority
of Part C of the SDWA. Under the existing federal regulations, Class V shallow injection
wells are "authorized by rule," (40 CFR Part 1 44), which means they usually do not require
a permit if they do not endanger underground sources of drinking water and comply with
other UIC program requirements.
The conditions of rule authorization are twofold: first, basic inventory information about
the Class V injection well must be submitted to EPA or the state primacy agency; second,
the Class V injection well must be constructed, operated, and/or closed in a manner which
protects USDWs. EPA or a state primacy agency may ask for additional information or
require a permit in order to ensure that ground water quality is adequately protected.
Further, many UIC primacy state programs have additional prohibitions or permitting
requirements for certain types of Class V injection wells.
EPA Region 9 has formally delegated the Class V program to Nevada, Guam and the
Northern Marianas Islands. For the remainder of Region 9 (Arizona, California, Hawaii
and Indian Country), EPA staff are responsible fordirectly implementing the UIC regulations.
With varying degrees of involvement by state, local and tribal environmental regulatory
programs, the Region 9 UIC program attempts to identify and control threats to underground
sources of drinking water, through inventory and closure of Class V wells. Regional UIC
priorities are established based on actual and potential health implications of various
contaminants and the level of regulatory oversight already invested in a particular type of
disposal well. If a local or state regulatory agency is actively managing a particular
contaminant threat, federal UIC staff focus elsewhere. A major effort by this office has
been reaching out to other agencies about this regulation, providing training, guidance
(and occasionally funding) to develop local ground water protection programs.
Even so, it is the Region's opinion that many Class V well types are not adequately controlled.
Like needles in a haystack, shallow disposal wells are difficult to find. Funding for the
program in Region 9 has remained at less than $600,000 per year for over ten years. And
because other UIC programs, even those with very relevant objectives, are similarly limited
by resources, convincing other agencies to look out for these wells is a continuous challenge.
Will the proposed regulations improve our program?
continued
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Examples of Well Types Affected by this Proposal
DDDDDD
DDDDDD
DDDDDD
Industrial Waste Disposal
through septic system
medical/indu strial/agricultu ral
chemical discharge
Motor Vehicle Waste Drywell
AUTO FLUID
CHANGERS
What are the proposed regulatory changes? Consistent
with the national priority established by the 1996 SDWA
Amendments, the proposed Class V rule, 40 CFR 144,
Subpart-G - Requirements forOwners and Operators of Class
V Injection Wells, focuses on known high-risk Class V injection
wells in Source Water Protection Areas (SWPAs) as
delineated by state Source Water Assessment programs.
Two sets of rules? Targeting stricter requirements to
areas of known vulnerability. The 1996 Amendments to
the Safe Drinking Water Act (SDWA) establish source water
protection as a national priority. The Amendments require
states to establish Source Water Assessment Programs
(SWAPs) that fit their particular needs and conditions. A
SWAP is complete when states: 1) obtain EPA approval of
the state's strategic approach to conducting the assessments;
2) delineate the boundaries of the assessment areas in the
state from which one or more public water systems (PWSs)
receive supplies of drinking water; and 3) identify, to the extent
practical, the origins of regulated and certain unregulated
contaminants in the delineated area to determine the
susceptibility of PWSs to such contaminants.
High Risk Well Types. The proposed Class V regulation
would affect the owners and operators of these wells in
SWPAs delineated for community water systems and non-
transient, non-community water systems that rely on at least
one ground water source. Well types included are:
1. Large Capacity Cesspools (20 or more
persons/day, includes drywells used for this purpose)
- New large capacity cesspools prohibited
- Existing large capacity cesspools phased out over
5 years
2. Industrial Waste Disposal Wells
- Would be prohibited from exceeding drinking water
standards or other health-based limits
at point of injection
- Must meet MCLs within 90 days of the completion
of its local SWAP.
MULTIPLE BARRIER APPROACH
to drinking water protection
$ Prevention
$$ Treatment
Remediation
3.
Motor Vehicle Waste Disposal Wells
(two options proposed)
a) ban motor vehicle wells completely, or
b) owners would be able to apply for a permit that
would require waste to meet MCLs and all other
health-based limits at the point of injection
(for both options) Owners would have to close their well or
apply for a permit within 90 days of the completion of its local
SWP.
If states do not complete their SWAP by the extended deadline
of May 2003, these DIG requirements would apply statewide.
Why are the new regulations being proposed? EPA
believes that it is necessary to establish more specific
minimum standards for certain high-risk wells. In addition to
establishing these minimum standards, the revised Class V
DIG regulations will:
- satisfy the requirements under SDWA Section 1421,
which require the EPA Administrator to publish
proposed regulations for state DIG programs
- integrate DIG regulations with the Source Water
Protection Program
- fulfill certain EPA obligations under a 1997 court
decree.
What about other types of Class V injection wells? Other
types of Class V injection wells are not covered under the
current proposal. More information is needed to characterize
the risk from these well types and determine whether
additional federal regulations for these other well types is
necessary, and if so what that additional regulation should
entail. As the second step in this strategy, EPA is undertaking
U.S. EPA Region 9 Notes From Underground, Summer 1998, Page 2
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further study to assess risks, fill existing information gaps,
and provide a factual basis for any further regulatory action
(see back page.)
For more information: The Proposed Revisions to the
Underground Injection Control Regulations for Class V
Injection Wells were published in the Federal Register on
July 29, 1998 (63 FR 40586).
For a copy of the rule, see www.epa.gov/OGWDW/uic/c5-
fra.html, or call one of Region 9's DIG Class V staff (see
map, above) to have a copy mailed to you.
If you have questions about the proposed rule, please contact
a Region 9 staff person or:
- the Safe Drinking Water Act Hotline at (800) 426-4791
EST (email: hotline-sdwa@epamail.epa.gov) or
- Robyn Delehanty, Class V Rule Manager, at (202) 260-
1993, EST (email: delehanty.robyn@epamail.epa.gov).
WHAT DO YOU THINK?
EPA does not want to put forward this regulation without
adequate consideration by all affected parties. We
particularly seek comment in the following areas.
1. Scope of applicability. Should the new Class V
regulations apply to areas beyond delineated SWPAs, or even
statewide? What are some alternatives to permanently
applying the new requirements statewide if a state's SWAP
is not completed by May 2003? Should existing Class V
industrial permits be reviewed for consistency with the new
standard?
2. Risk Assessment. Do commenters support the current
designation of motor vehicle and industrial wells in source
water protection areas as "high risk"? Is there a better (broader
or narrower) definition that EPA could use to identify high
risk wells? Should EPA revisit its definition of "underground
sources of drinking water," particularly in regards to the 10,000
ppm total dissolved solids standard?
3. Requirements for specific types of wells:
Motor Vehicle Waste Disposal: Should the EPA allow motor
vehicle or industrial facilities in SWPAs to exceed Maximum
Contaminant Levels (MCLs) and other health based standards
at the point of injection under certain conditions? Is the
installation of a semi-permanent plug an adequately protective
method of well closure?
Federal UlC-ClassV Staff at EPA Region 9
California:
Liz Janes
(415) 744-1834
Janes.Elizabeth®
epamail.epa.gov
Nevada:
AlisaWong
(415) 744-1842
Wong.Alisa@
epamail.epa.gov
Hawaii:
Shannon FitzGerald
(415) 744-1830
Fitzgerald.Shannon@
epamail.epa.gov
Indian Country:
Joaquin Cruz
(415) 744-1839
Cruz.Joaquin@
epamail.epa.gov
Guam, Northern Marianas:
Hillary Hecht
(415) 744-1890
Hecht.Hillary@
epamail.epa.gov
Arizona:
Gregg Olson
(415) 744-1828
Olson.Gregg@
epamail.epa.gov
Industrial Stormwater: EPA is proposing to treat stormwater
management wells that may receive leaks, drips, or spills
(such as drainage wells in gasoline service station parking
lots) that are commonly contained in street runoff as drainage
wells. What are the merits and potential impacts of not
regulating drainage wells under this regulation?
Cesspools: Should the ban on large-capacity cesspools be
expanded to SWPAs delineated fortransient non-community
systems that use ground water as a source? Should the
distinction between septic systems used by single family
homes and small non-residential septic systems that receive
solely sanitary waste be eliminated? Should all septic
systems and cesspools with a capacity to serve fewer than
20 persons a day, without distinguishing between residential
and non-residential, be excluded?
4. Regulatory Approach. If the final regulation includes
permitting, what specific requirements are needed to ensure
protection of USDWs? The rule requires owners and
operators to give pre-closure notification for programs
administered by the EPA. Should this and other requirements
be extended to Primacy States?
To comment on any or all of the proposed
rule, see back cover for instructions.
Thanks
- Other News -
Region 9 is updating its 1992 "Guidelines
for the Closure of Shallow Disposal Wells."
If you would like to participate in peer
review of this document, scheduled for
Fall 1998, please call or email Liz Janes
or Joaquin Cruz.
U.S. EPA Region 9 Notes From Underground, Summer 1998, Page 3
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TO COMMENT ON THE PROPOSED
CLASS V UIC RULE:
The proposal asks for comments on a number of variations
to the proposed approach to these well types. These include,
applicability to Primacy States, linkage with SWPA and the
well types chosen for regulation, and other points that might
affect you. We recommend that you read the preamble
carefully and consider submitting comments. EPA will
accept public comment on the proposed regulation until
September 28,1998. Address written comments to:
UIC Class V, W-98-5, Water Docket (MC-4101)
EPA, 401 M Street SW, Washington, DC 20460
Comments may be submitted electronically to
ow-docket@epamail.epa.gov.
Shallow Disposal Well Study:
US EPA Headquarters is conducting a national research
project to gather all published information regarding the use
and occurrence of the following types of injection wells not
addressed by the 1998 proposed rule. An overview of the
study, copies of draft reports (in PDF format), and instructions
on how to comment and/or submit additional information are
located on the Internet at this address: www.epa.gov/
OGWDW/uic/cl5studv.html. For questions about the study,
call Anhar Karimjee at (202) 260-3862.
Ground Water Protection Council
1998 ANNUAL FORUM
Sacramento, California
September 20-23
For more information, see the
Ground Water Protection
Council website at gwpc.site.net.
Groundwater Resources Association (GRA)
California Groundwater:
Effective and Efficient Usage
for the Year 2000 and Beyond,
Walnut Creek, California October 22-24, 1998
For more information, see the GRA website at
www.grac.org, or call GRA at 916-669-3279.
Groundwater Guardian National Conference
Bringing Groundwater to Life!
Anaheim, California November! 2-15, 1998
For more information, call
the Groundwater Foundation at (800) 858-4844.
Notes From Underground
U.S. EPA, Region 9, WTR-9
Ground Water Office
75 Hawthorne Street
San Francisco, CA 94105-3109
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