DAR File No. 37855
This rule was published in the August 1, 2013, issue (Vol. 2013, No. 15) of the Utah State Bulletin.
Environmental Quality, Water Quality
Rule R317-7
Underground Injection Control (UIC) Program
Notice of Proposed Rule
(Amendment)
DAR File No.: 37855
Filed: 07/15/2013 04:52:26 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 passed in the 2012 General Legislative Session.
Summary of the rule or change:
The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 (2012). The majority of the proposed changes are editorial, largely consisting of replacing the term "Executive Secretary" with "Director". However, the amendments also make additional changes mandated by S.B. 21 (2012) which reflect the transfer of certain powers and duties from the Water Quality Board to the Director of the Division of Water Quality in the realm of permits, certifications, and other administrative authorizations.
State statutory or constitutional authorization for this rule:
- Section 19-5-104
Anticipated cost or savings to:
the state budget:
Enactment of these changes likely will not result in direct, measurable costs to the state budget as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
local governments:
Enactment of these changes likely will not result in direct, measurable costs for local governments as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
small businesses:
Enactment of these changes likely will not result in direct, measurable costs to small businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
persons other than small businesses, businesses, or local governmental entities:
Enactment of these changes likely will not result in direct, measurable costs to other persons as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Compliance costs for affected persons:
Enactment of these changes likely will not result in direct, measurable compliance costs as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Comments by the department head on the fiscal impact the rule may have on businesses:
Enactment of these changes likely will not result in direct, measurable costs to businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Amanda Smith, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityWater QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
09/03/2013
This rule may become effective on:
09/10/2013
Authorized by:
Walter Baker, Director
RULE TEXT
R317. Environmental Quality, Water Quality.
R317-7. Underground Injection Control (UIC) Program.
R317-7-0. Effective Date and Applicability of Rules.
The effective date of these rules is January 19, 1983 (40 C.F.R. 147.2250). Class II wells are administered by the Division of Oil, Gas and Mining, whose primacy became effective October 8, 1982 (40 C.F.R. 147.2251).
R317-7-1. Incorporation By Reference.
1.1 Underground Injection Control Program - 40 C.F.R. 144.7, 144.13(d), 144.14, 144.16, 144.23(c), 144.32, 144.34, 144.36, 144.38, 144.39, 144.40, 144.41, 144.51(a)-(o) and (q), 144.52, 144.53, 144.54, 144.55, 144.60, 144.61, 144.62, 144.63, 144.64, 144.65, 144.66, 144.70, and 144.87, July 1, 2003 ed., are adopted and incorporated by reference with the following exceptions:
A. "Director"
refers to the Director of the Division of Water Quality[is hereby replaced with "Executive
Secretary"].
B. "one quarter mile" is hereby replaced with "two miles".
1.2 Underground Injection Control Program - Criteria and Standards - 40 C.F.R. 146.4, 146.6, 146.7, 146.8, 146.12, 146.13(d), 146.14, 146.32, 146.34, 146.61,146.62, 146.63, 146.64, 146.65, 146.66, 146.67, 146.68, 146.69, 146.70, 146.71, 146.72, and 146.73, July 1, 2003 ed., are adopted and incorporated by reference with the following exceptions:
A. "Director"
refers to the Director of the Division of Water Quality.[is hereby replaced with "Executive
Secretary";]
B. "one quarter (1/4) mile" and "one-fourth (1/4) mile" are each hereby replaced with "two miles".
1.3 Hazardous Waste Injection Restrictions
- 40 C.F.R. Part 148, July 1, 2003 ed., is adopted and incorporated
by reference with the exception that "Director"
refers to the Director of the Division of Water Quality[is hereby replaced with "Executive
Secretary"].
1.4 Identification and Listing of Hazardous Waste - 40 C.F.R. Part 261, July 1, 2003 ed., is adopted and incorporated by reference.
1.5 National Primary Drinking Water Regulations - 40 C.F.R. Part 141, July 1, 2003 ed., is adopted and incorporated by reference.
1.6 Guidelines Establishing Test Procedures for the Analysis of Pollutants - 40 C.F.R. Part 136 Table 1B, July 1, 2003 ed., is adopted and incorporated by reference.
1.7 Nuclear Regulatory Commission - Standards for Protection Against Radiation - 10 C.F.R. Part 20 Appendix B, Table 2 Column 2, January 1, 2003 ed., is adopted and incorporated by reference.
1.8 Procedures for Decision Making - 40 C.F.R. 124.3(a); 124.5(a), (c), (d) and (f); 124.6(a), (c), (d) and (e); 124.8; 124.10(a)(1)ii, iii, and (a)(1)(V); 124.10(b), (c), (d), and (e); 124.11; 124.12(a); and 124.17(a) and (c), July 1, 2003 ed., are adopted and incorporated by reference with the exception that "Director" refers to the Director of the Division of Water Quality is hereby replaced by "Executive Secretary".
R317-7-2. Definitions.
[2.1 ]"Abandoned Well" means a well whose
use has been permanently discontinued or which is in a state of
disrepair such that it cannot be used for its intended purpose or
for observation purposes.
[2.2 ]"Application" means standard forms
for applying for a permit, including any additions, revisions or
modifications.
[2.3 ]"Aquifer" means a geologic
formation or any part thereof that is capable of yielding
significant water to a well or spring.
[2.4 ]"Area of Review" means the zone of
endangering influence or fixed area radius determined in accordance
with the provisions of 40 C.F.R. 146.6.
[2.5 ]"Background Data" means the
constituents or parameters and the concentrations or measurements
which describe water quality and water quality variability prior to
surface or subsurface discharge.
[2.6 ]"Barrel" means 42 (U.S.) gallons at
60 degrees F and atmospheric pressure.
[2.7 ]"Casing" means a pipe or tubing of
appropriate material, of varying diameter and weight, lowered into
a borehole during or after drilling in order to support the sides
of the hole and thus prevent the walls from caving, to prevent loss
of drilling mud into porous ground, or to prevent water, gas, or
other fluid from entering or leaving the hole.
[2.8 ]"Casing Pressure" means the
pressure within the casing or between the casing and tubing at the
wellhead.
[2.9 ]"Catastrophic Collapse" means the
sudden and utter failure of overlying "strata" caused by
removal of underlying materials.
[2.10 ]"Cementing" means the operation
whereby a cement slurry is pumped into a drilled hole and/or forced
behind the casing.
[2.11 ]"Cesspool" means a
"drywell" that receives untreated sanitary waste
containing human excreta, and which sometimes has an open bottom
and/or perforated sides.
[2.12 ]"Confining Bed" means a body of
impermeable or distinctly less permeable material stratigraphically
adjacent to one or more aquifers.
[2.13 ]"Confining Zone" means a
geological formation, group of formations, or part of a formation
that is capable of limiting fluid movement above an injection
zone.
[2.14 ]"Contaminant" means any physical,
chemical, biological, or radiological substance or matter in
water.
[2.15 ]"Conventional Mine" means an open
pit or underground excavation for the production of minerals.
[2.16 ]"Disposal Well" means a well used
for the disposal of fluids into a subsurface stratum.
[2.17 ]"Drilling Mud" means mud of not
less than 36 viscosity (A.P.I. Full Funnel Method) and a weight of
not less than nine pounds per gallon.
[2.18 ]"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.
[2.19 ]"Exempted Aquifer" means an
aquifer or its portion that meets the criteria in the definition of
"underground source of drinking water" but which has been
exempted according to the procedures of 40 C.F.R. 144.7.
[2.20 ]"Existing Injection Well" means an
"injection well" other than a "new injection
well."
[2.21 ]"Experimental Technology" means a
technology which has not been proven feasible under the conditions
in which it is being tested.
[2.22 ]"Fault" means a surface or zone of
rock fracture along which there has been a displacement.
[2.23 ]"Flow Rate" means the volume per
time unit given to the flow of gases or other fluid substance which
emerges from an orifice, pump, turbine or passes along a conduit or
channel.
[2.24 ]"Fluid" means material or
substance which flows or moves whether in a semisolid, liquid,
sludge, gas, or any other form or state.
[2.25 ]"Formation" means a body of rock
characterized by a degree of lithologic homogeneity which is
prevailingly, but not necessarily, tabular and is mappable on the
earth's surface or traceable in the subsurface.
[2.26 ]"Formation Fluid" means
"fluid" present in a "formation" under natural
conditions as opposed to introduced fluids, such as drilling
mud.
[2.27 ]"Generator" means any person, by
site location, whose act or process produces hazardous waste
identified or listed in 40 C.F.R. Part 261.
[2.28 ]"Groundwater" means water below
the ground surface in a zone of saturation.
[2.29 ]"Ground water protection area"
refers to the drinking water source protection zones for ground
water sources delineated by the Utah Division of Drinking Water
according to Utah Administrative Code R309-600 - Drinking Water
Source Protection For Ground-Water Sources.
[2.30 ]"Hazardous Waste" means a
hazardous waste as defined in R315-2-3.
[2.31 ]"Hazardous Waste Management
Facility" means all contiguous land, structures, other
appurtenances, and improvements on the land used for treating,
storing, or disposing of hazardous waste. A facility may consist of
several treatment, storage, or disposal operational units (for
example, one or more landfills, surface impoundments, or
combination of them).
[2.32 ]"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.
[2.33 ]"Injection Well" means a well into
which fluids are being injected for subsurface emplacement of the
fluids.
[2.34 ]"Injection Zone" means a
geological "formation," group of formations, or part of a
formation receiving fluids through a well.
[2.35 ]"Large underground domestic wastewater
disposal system" means a large underground domestic wastewater
disposal system (as defined in R317-1-1.16) for emplacing treated
domestic wastewater into the subsurface and which is designed for a
capacity of greater than 5,000 gallons per day
[2.36 ]"Lithology" means the description
of rocks on the basis of their physical and chemical
characteristics.
[2.37 ]"Monitoring Well" means a well
used to measure groundwater levels and to obtain water samples for
water quality analysis.
[2.38 ]"New Injection Well" means an
injection well which began injection after January 19, 1983.
[2.39 ]"Packer" means a device lowered
into a well to produce a fluid-tight seal within the casing.
[2.40 ]"Plugging" means the act or
process of stopping the flow of water, oil, or gas into or out of a
formation through a borehole or well penetrating that
formation.
[2.41 ]"Plugging Record" means a
systematic listing of permanent or temporary abandonment of water,
oil, gas, test, exploration and waste injection wells, and may
contain a well log, description of amounts and types of plugging
material used, the method employed for plugging, a description of
formations which are sealed and a graphic log of the well showing
formation location, formation thickness, and location of plugging
structures.
[2.42 ]"Point of injection" means the
last accessible sampling point prior to waste fluids being released
into the subsurface environment through a Class V injection well.
For example, the point of injection of a Class V septic system
might be the distribution box - the last accessible sampling point
before the waste fluids drain into the underlying soils. For a dry
well, it is likely to be the well bore itself.
[2.43 ]"Pressure" means the total load or
force per unit area acting on a surface.
[2.44 ]"Project" means a group of wells
in a single operation.
[2.45 ]"Professional Engineer" means any
person qualified to practice engineering before the public in the
state of Utah and professionally registered as required under the
Professional Engineers and Professional Land Surveyors Licensing
Act Rules (UAC R156-22).
[2.46 ]"Professional Geologist" means any
person qualified to practice geology before the public in the state
of Utah and professionally registered as required under the
Professional Geologist Licensing Act Rules (UAC R156-76).
[2.47 ]"Radioactive Waste" means any
waste which contains radioactive material in concentrations which
exceed those listed in 10 C.F.R. Part 20, Appendix B, Table II
Column 2.
[2.48 ]"Sanitary waste" means liquid or
solid wastes originating solely from humans and human activities,
such as wastes collected from toilets, showers, wash basins, sinks
used for cleaning domestic areas, sinks used for food preparation,
clothes washing operations, and sinks or washing machines where
food and beverage serving dishes, glasses, and utensils are
cleaned. Sources of these wastes may include single or multiple
residences, hotels and motels, restaurants, bunkhouses, schools,
ranger stations, crew quarters, guard stations, campgrounds, picnic
grounds, day-use recreation areas, other commercial facilities, and
industrial facilities provided the waste is not mixed with
industrial waste.
[2.49 ]"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.
[2.50 ]"Stratum" (plural strata) means a
single sedimentary bed or layer, regardless of thickness, that
consists of generally the same kind of rock material.
[2.51 ]"Subsidence" means the lowering of
the natural land surface in response to earth movements; lowering
of fluid pressure; removal of underlying supporting material by
mining or solution of solids, either artificially or from natural
causes; compaction due to wetting (Hydrocompaction); oxidation of
organic matter in soils; or added load on the land surface.
[2.52 ]"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.
[2.53 ]"Surface Casing" means the first
string of well casing to be installed in the well.
[2.54 ]"Total Dissolved Solids (TDS)"
means the total residue (filterable) as determined by use of the
method specified in 40 C.F.R. Part 136 Table 1B.
[2.55 ]"Transferee" means the owner or
operator receiving ownership and/or operational control of the
well.
[2.56 ]"Transferor" means the owner or
operator transferring ownership and/or operational control of the
well.
[2.57 ]"Underground Injection" means a
"well injection".
[2.58 ]"Underground Sources of Drinking Water
(USDW)" means an aquifer or its portion which:
A. Supplies any public water system, or which contains a sufficient quantity of ground water to supply a public water system; and
1. currently supplies drinking water for human consumption; or
2. contains fewer than 10,000 mg/l total dissolved solids (TDS); and
B. is not an exempted aquifer. (See Section 7-4).
[2.59 ]"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.
[2.60 ]"Well Injection" means the
subsurface emplacement of fluids through a well.
[2.61 ]"Well Monitoring" means the
measurement, by on-site instruments or laboratory methods, of the
quality of water in a well.
[2.62 ]"Well Plug" means a watertight and
gas-tight seal installed in a borehole or well to prevent movement
of fluids.
[2.63 ]"Well Stimulation" means several
processes used to clean the well bore, enlarge channels, and
increase pore space in the interval to be injected thus making it
possible for wastewater to move more readily into the formation,
and includes:
(1) surging;
(2) jetting;
(3) blasting;
(4) acidizing; and
(5) hydraulic fracturing.
R317-7-3. Classification of Injection Wells.
Injection wells are classified as follows:
3.1 Class I
A. Hazardous Waste Injection Wells: wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation containing, within two miles of the well bore, an underground source of drinking water;
B. Nonhazardous Injection Wells: other industrial and municipal waste disposal wells which inject nonhazardous fluids beneath the lowermost formation containing, within two miles of the well bore, an underground source of drinking water; this category includes disposal wells operated in conjunction with uranium mining activities.
C. Radioactive waste disposal wells which inject fluids below the lowermost formation containing an underground source of drinking water within two miles of the well bore.
3.2 Class II. Wells which inject fluids:
A. which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with wastewaters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;
B. for enhanced recovery of oil or natural gas; and
C. for storage of hydrocarbons which are liquid at standard temperature and pressure.
Class II injection wells are regulated by the Division of Oil, Gas and Mining under Oil and Gas Conservation General Rules, R649-5.
3.3 Class III. Wells which inject for extraction of minerals, including:
A. mining of sulfur by the Frasch process;
B. in situ production of uranium or other metals. This category includes only in situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class V; and
C. solution mining of salts or potash.
3.4 Class IV
A. Wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes into a formation which, within two miles of the well, contains an underground source of drinking water;
B. wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes above a formation which, within two miles of the well, contains an underground source of drinking water;
C. wells used by generators of hazardous wastes or by owners or operators of hazardous waste management facilities, to dispose of hazardous wastes which cannot be classified under Section 7-3.1(A) or 7-3.4(A) and (B) of these rules (e.g. wells used to dispose of hazardous wastes into or above a formation which contains an aquifer which has been exempted).
3.5 Class V. Injection wells not included in Classes I, II, III, or IV. Class V wells include:
A. air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump;
B. large capacity cesspools, including multiple dwelling, community or regional cesspools, or other devices that receive untreated sanitary wastes, containing human excreta, which have an open bottom and sometimes have perforated sides. The UIC requirements do not apply to single family residential cesspools nor to non-residential cesspools which receive solely sanitary wastes and have a design flow rate of less than or equal to 5,000 gallons per day;
C. cooling water return flow wells used to inject water previously used for cooling;
D. drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation;
E. dry wells used for the injection of wastes into a subsurface formation;
F. recharge wells used to replenish the water in an aquifer;
G. salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;
H. sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined out portions of subsurface mines, whether what is injected is radioactive waste or not;
I. large underground domestic wastewater disposal systems (as defined in R317-1-1.16) used to inject effluent from a domestic wastewater treatment system associated with a multiple family dwelling, business establishment, community, or regional business establishment. The UIC requirements do not apply to single family residential onsite wastewater systems (as defined in R317-1-1.13), nor to non-residential onsite wastewater systems which are used solely for the disposal of treated domestic waste and have a design flow rate of less than or equal to 5,000 gallons per day. Any subsurface fluid distribution system or other type of injection well designed for any flow rate and used to dispose of industrial wastewater is not an underground wastewater disposal system as defined by R317-1-1.32.
J. subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water;
K. stopes leaching, geothermal and experimental wells;
L. brine disposal wells for halogen recovery processes;
M. injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power; and
N. injection wells used for in situ recovery of lignite, coal, tar sands, and oil shale.
O. motor vehicle waste disposal wells that
receive or have received fluids from vehicular repair or
maintenance activities, such as an auto body repair shop,
automotive repair shop, new and used car dealership, specialty
repair shop (e.g., transmission and muffler repair shop), or any
facility that does any vehicular repair work. Fluids disposed in
these wells may contain organic and inorganic chemicals in
concentrations that exceed the maximum contaminant levels (MCLs)
established by the primary drinking water [regulations]rules (see 40 CFR Part 141 and Utah Primary Drinking Water
Standards R309-200-5). 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.
R317-7-4. Identification of USDW'S and Exempted Aquifers.
The [Executive Secretary]Director shall identify USDW's and exempt aquifers
following the procedures and based on the requirements outlined in
40 C.F.R. 144.7 and 40 C.F.R. 146.4.
R317-7-5. Prohibition of Unauthorized Injection.
5.1 Any underground injection is prohibited except as authorized by permit or as allowed under these rules.
5.2 No authorization by permit or by these rules for underground injection shall be construed to authorize or permit any underground injection which endangers a drinking water source.
5.3 Underground injections are prohibited which would allow movement of fluid containing any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any primary drinking water regulation (40 C.F.R. Part 141 and Utah Primary Drinking Water Standards R309-200-5), or which may adversely affect the health of persons. Underground injections shall not be authorized if they may cause a violation of any ground water quality rules that may be promulgated by the Utah Water Quality Board. Any applicant for a permit shall have the burden of showing that the requirements of this paragraph are met.
5.4 For Class I and III wells, if any
monitoring indicates the movement of injection or formation fluids
into underground sources of drinking water, the [Executive Secretary]Director shall prescribe such additional requirements for
construction, corrective action, operation, monitoring, or
reporting, including closure of the injection well, as are
necessary to prevent such movement. In the case of wells authorized
by permit, these additional requirements shall be imposed by
modifying the permit or the permit may be terminated, or
appropriate enforcement action may be taken if the permit has been
violated.
5.5 For Class V wells, if at any time the
[Executive Secretary]Director determines that a Class V well may cause a
violation of primary drinking water rules under R309-200, the [Executive Secretary]Director shall:
A. require the injector to obtain an individual permit;
B. order the injector to take such actions, including closure of the injection well, as may be necessary to prevent the violation; or
C. take appropriate enforcement action.
5.6 Whenever the [Executive Secretary]Director determines that a Class V well may be otherwise
adversely affecting the health of persons, the [Executive Secretary]Director may require such actions as may be necessary to
prevent the adverse effect.
5.7 Class IV Wells
A. Prohibitions. The construction, operation or maintenance of any Class IV well is prohibited except as specified in 40 C.F.R. 144.13 (c) and 144.23(c) as limited by the definition of Class IV wells in Section 7-3.4 of these rules.
B. Plugging and abandonment requirements.
Prior to abandoning a Class IV well, the owner or operator shall
close the well in a manner acceptable to the [Executive Secretary]Director. At least 30 days prior to abandoning a Class IV
well, the owner or operator shall notify the [Executive Secretary]Director of the intent to abandon the well.
5.8 Notwithstanding any other provision of
this section, the [Executive Secretary]Director may take emergency action upon receipt of
information that a contaminant which is present in, or is likely to
enter a public water system, may present an imminent and
substantial endangerment to the health of persons.
5.9 Records. The [Executive Secretary]Director may require, by written notice on a selective
well-by-well basis, an owner or operator of an injection well to
establish and maintain records, make reports, conduct monitoring,
and provide other information as is deemed necessary to determine
whether the owner or operator has acted or is acting in compliance
with these rules.
R317-7-6. Permit and Compliance Requirements - New and Existing Wells.
6.1 The owner or operator of any new
injection well is required to obtain a permit from the [Executive Secretary]Director prior to construction unless excepted by
R317-7-6.3. Compliance with construction plans and standards is
required prior to commencing injection operations. Changes in
construction plans require approval of the [Executive Secretary]Director.
6.2 Owners or operators of existing
underground injection wells are required to obtain a permit from
the [Executive Secretary]Director unless specifically excepted by Section 7-6.3 of
these rules.
6.3
A. Existing and new Class V injection wells are authorized by rule, subject to the conditions in Section 7-6.5 of these rules.
B. Well authorization under this Section 7-6.3 expires upon the effective date of a permit issued in accordance with these rules or upon proper closure of the well.
C. An owner or operator of a well which is authorized by rule under this Section 7-6.3 is prohibited from injecting into the well:
1. Upon the effective date of a permit denial.
2. Upon failure to submit a permit
application in a timely manner if requested by the [Executive Secretary]Director under Section 7-6.4 of these rules.
3. Upon failure to submit inventory information in a timely manner in accordance with Section 7-6.4(C) of these rules.
6.4
A. The [Executive Secretary]Director may require any owner or operator of a Class I, III
or V well authorized under Section 7-6.3 to apply for and obtain an
individual or area permit. Cases where permits may be required
include:
1. The injection well is not in compliance with the applicable rules.
2. The injection well is not or no longer is within the category of wells and types of well operations authorized by Section 7-6.3.
3. Protection of an USDW.
B. Any owner or operator authorized under Section 7-6.3 may request a permit and hence be excluded from coverage under Section 7-6.3.
C. Owners or operators of all injection
wells regulated by Section 7-6.3 shall submit the following
inventory information to the [Executive Secretary]Director:
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.
Inventory information shall be submitted no later than January 19, 1984 for existing injection wells and before injection begins for new injection wells.
6.5 Additional requirements for large-capacity cesspools and motor vehicle waste disposal wells (see Class V well descriptions in Sections 7-3.5(B) and 7-3.5(O), respectively).
A. All existing large-capacity cesspools (operational or under construction by April 5, 2000) must close by April 5, 2005. See closure requirements in Section 7-6.6.
B. All new or converted large-capacity cesspools (construction not started before April 5, 2000) are prohibited.
C. All existing motor vehicle waste disposal wells (operational or under construction by April 5, 2000) must either be closed or their owners or operators must obtain a UIC permit.
1. For those wells located within a ground water protection area as designated by the Utah Division of Drinking Water (DDW), closure or permit application submittal must take place within one year of completion of DDW's ground water protection area assessment for the pertinent area.
2. All motor vehicle waste disposal wells statewide located outside a ground water protection area must either be closed or their owners or operators must submit a UIC permit application by January 1, 2007.
3. If well closure is the option chosen,
the closure requirements in Section 7-6.6 must be followed. The
closure deadline may be extended by the [Executive Secretary]Director for up to one year under certain conditions, such
as intent to connect to a sanitary sewer.
4. If obtaining a UIC permit is the option chosen, Utah Drinking Water Maximum Contaminant Levels (MCL's), Utah Ground Water Quality Standards, and EPA Adult Lifetime Health Advisories must be met at the point of injection while the permit application is under review. These standards must also be met at the point of injection under the terms of the permit, when issued. Utah Ground Water Protection Levels may be required to be met at downgradient ground water monitoring wells, if required to be installed. Such a permit may require pretreatment of the wastewater, and will require adherence to best management practices and monitoring of the quality of the injectate and any sludge generated.
D. All new or converted motor vehicle waste disposal wells (construction not started before April 5, 2000) are prohibited.
6.6 Class V well plugging and abandonment requirements.
A. Prior to abandoning a Class V well, the owner or operator shall close the well in a manner that prevents the movement of fluid containing any contaminant into an underground source of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 CFR Part 141 or Utah Primary Drinking Water Standards R309-200-5, or may otherwise adversely affect the health of persons.
B. The owner or operator shall dispose of or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State, and local regulations and requirements.
C. The owner or operator must notify the [Executive Secretary]Director of intent to close the well at least 30 days prior
to closure.
6.7 Conversion of motor vehicle waste
disposal wells. In limited cases, the [Executive Secretary]Director may authorize the conversion (reclassification) of
a motor vehicle waste disposal well to another type of Class V
well. Motor vehicle wells may only be converted if: all motor
vehicle fluids are segregated by physical barriers and are not
allowed to enter the well; and, injection of motor vehicle waste is
unlikely based on a facility's compliance history and records
showing proper waste disposal. The use of a semi-permanent plug as
the means to segregate waste is not sufficient to convert a motor
vehicle waste disposal well to another type of Class V well.
6.8 Time for Application for Permit. Any
person who performs or proposes an underground injection for which
a permit is or will be required shall submit a complete application
to the [Executive Secretary]Director in accordance with Section 7-9 a reasonable time
before construction is expected to begin, except for new wells
covered by an existing area permit.
6.9 All applications for a Utah UIC permit, including any required Technical Report that addresses the technical requirements of R317-7-10 or R317-7-11, any technical information necessary for the adequate evaluation of any permit application, or any permit renewal applications and Technical Reports that are significantly different from the original permit application, must be prepared by or under the direction, and bear the seal, of a professional geologist or professional engineer.
R317-7-7. Area Permits.
A. The [Executive Secretary]Director may issue a permit on an area basis, rather than
for each well individually, provided that the permit is for
injection wells:
1. described and identified by location in
permit application, if they are existing wells, except that the [Executive Secretary]Director may accept a single description of wells with
substantially the same characteristics;
2. within the same well field, facility site, reservoir, project, or similar unit in the State;
3. operated by a single owner or operator; and
4. used to inject other than hazardous waste.
B. Area permits shall specify:
1. the area within which underground injections are authorized; and
2. the requirements for construction, monitoring, reporting, operation, and abandonment, for all wells authorized by the permit.
C. The area permit may authorize the permittee to construct and operate, convert, or plug and abandon injection wells within the permit area provided that:
1. the permittee notifies the [Executive Secretary]Director at such time as the permit requires, when and where
the new well has been or will be located;
2. the additional well meets the area permit criteria; and
3. the cumulative effects of drilling and
operation of additional injection wells are considered by the [Executive Secretary]Director during evaluation of the area permit application
and are acceptable to the [Executive Secretary]Director.
D. If the [Executive Secretary]Director determines that any additional well does not meet
the area permit requirements, the [Executive Secretary]Director may modify or terminate the permit or take
appropriate enforcement action.
E. If the [Executive Secretary]Director determines the cumulative effects are unacceptable,
the permit may be modified.
F. The requirements of R317-7-6.9 apply to area permits.
R317-7-8. Emergency Permits.
A. Notwithstanding any provision in this
Part 7, the [Executive Secretary]Director is authorized to issue emergency permits for
specific underground injections provided the conditions and
requirements of 40 C.F.R. 144.34 are met.
B. The requirements of R317-7-6.9 apply to emergency permits.
R317-7-9. Permitting Procedures and Conditions.
9.1 Application for a Permit
A. Any person who is required to have a
permit shall complete, sign and submit an application to the [Executive Secretary]Director.
B. When the owner and operator are different, it is the operator's duty to obtain a permit.
C. The application must be complete before the permit is issued.
D. All applicants shall provide the following information:
1. activities conducted by the applicant which require a permit;
2. name, mailing address and location of facility;
3. up to four Standard Industrial Code (SIC) codes which best reflect the principal products or services provided;
4. operator's name, address, telephone number, ownership status, and status as Federal, State, private, public or other entity;
5. whether the facility is located on Indian lands;
6. list of State and Federal environmental permits or construction approvals received or applied for and other relevant environmental permits;
7. topographic map (or other map if the topographic map is unavailable) extending one mile beyond the property boundary; depicting the facility and its intake and discharge structures, any hazardous waste, treatment, storage and disposal facilities; each injection well; and wells, springs, surface water bodies, and drinking water wells listed in public records or otherwise known;
8. a brief description of the nature of the business;
9. a map showing the injection well for which a permit is sought and the applicable area of review. Within the area of review, the map must show a number, or name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, mines, (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected. Only information of public record is required to be included on this map;
10. a tabulation of data on all wells
within the area of review which penetrates into the proposed
injection zone. Such data shall include a description of each
well's type, construction, date drilled, location, depth,
record of plugging and/or completion, any available water quality
data, and any additional information the [Executive Secretary]Director may require;
11. maps and cross sections indicating the vertical limits of all underground sources of drinking water within the area of review, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the proposed injection;
12. maps and cross sections detailing the geologic structure and lithology of the local area;
13. generalized maps and cross sections illustrating the regional geologic and hydrologic setting;
14. proposed operating data:
(a) average and maximum daily rate and volume of the fluid to be injected;
(b) average and maximum injection pressure; and
(c) source and an appropriate analysis of the chemical, physical, radiological and biological characteristics of injection fluids;
15. proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the receiving formation;
16. proposed stimulation program;
17. proposed injection procedure;
18. schematic or other appropriate drawings of the surface and subsurface construction details of the system;
19. contingency plans to cope with all shut-ins or well failures to prevent migration of fluids into any underground source of drinking water;
20. plans (including maps) for meeting the monitoring requirements;
21. for wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken;
22. construction procedures, as follows:
(a) For Class I Nonhazardous Wells: a cementing and casing program, logging procedures, deviation checks, and a drilling, testing, and coring program, which comply with Section 7-10.1(A) or 40 C.F.R. 146.12;
(b) For Class I Hazardous Waste Wells: cementing and casing program, well materials specifications and their life expectancy, logging procedures, deviation checks, and a drilling, testing and coring program, which comply with 40 C.F.R. 146.65 and 146.66;
(c) For Class III wells: cementing and casing program, logging procedures, deviation checks, and a drilling, testing, and coring program, which comply with section 7-10.1(B) or 40 C.F.R. 146.32.
23. A plan for plugging and abandoning the well, as follows:
(a) Class I Nonhazardous Well plans shall include information required by 40 C.F.R. 146.14(c) and Section 7-10.5 of these rules;
(b) Class I Hazardous Waste Well plans shall include information required by 40 C.F.R. 146.71(a)(4) and 146.72(a);
(c) Class III well plans shall include information required by 40 C.F.R. 146.34(c) and Section 7-10.5 of these rules.
24. A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well. Class I Hazardous Waste wells shall also demonstrate financial responsibility pursuant to 40 C.F.R. 144.60 through 144.70;
25. such other information as may be
required by the [Executive Secretary]Director.
9.2 Applicants shall keep records of all data used to complete permit applications and supplemental information for at least three years from the date of permit approval.
9.3 Permit applications and reports
required under these [regulations]rules shall be signed in accordance with 40 C.F.R. Section
144.32.
9.4 Permit Provisions, Conditions and Schedules of Compliance.
Any permit issued by the [Executive Secretary]Director is subject to the conditions and requirements and
shall be issued in accordance with the procedures outlined in 40
C.F.R. 144.51 (a)-(o) and (q), 144.52, 144.53, 144.54, 144.55 and
146.7, and 40 C.F.R. 124.3(a), 124.5(a),(c),(d) and (f),
124.6(a),(c),(d) and (e), 124.8, 124.10(a)(1)ii, and iii,
(a)(1)(v), 124.10(b),(c),(d) and (e), 124.11, 124.12(a) and
124.17(a) and (c). The permit may specify schedules of compliance
which require compliance not later than three years after the
effective date of the permit.
9.5 Duration of Permits. Permits for Class
I and Class V wells shall be effective for a fixed term not to
exceed ten years. Permits for Class III wells shall be issued for a
period up to the operating life of the facility. Each issued Class
III well permit shall be reviewed by the [Executive Secretary]Director at least once every five years to determine whether
it should be modified, revoked and reissued, or terminated. The [Executive Secretary]Director may issue any permit for a duration that is less
than the full allowable term under this section.
9.6 Transfer, Modification, and
Termination. Permits may be transferred, modified, revoked,
reissued, or terminated by the [Executive Secretary]Director under the conditions and following the procedures
outlined in 40 C.F.R. 144.36, 144.38, 144.39, 144.40, and
144.41.
9.7 Confidentiality of Information. The following information when submitted as required by these rules cannot be claimed confidential:
A. name and address of permit applicant or permittee; and
B. information which deals with the existence, absence or level of contaminants in drinking water.
9.8 Waivers of Requirements
A. The [Executive Secretary]Director may waive the requirements of these rules only
under the conditions and circumstances outlined in 40 C.F.R.
Section 144.16.
B. The "two mile" distance
provisions in Sections 7-3.1(B), 7-3.4, 7-10.1(A)(1), and 7-11 of
these rules may be reduced by the [Board]Director on a case-by-case basis to less than two miles but
in no event to less than 1/4 mile upon a finding by the [Board]Director that the distance reduction will not pose a threat
to any USDW. The burden shall be on the applicant to demonstrate
that hydrogeologic conditions, ground water quality in the area,
and other environmental studies and information support the
finding.
R317-7-10. Technical Requirements for Class I Nonhazardous and Class III Wells.
10.1 Construction Requirements
A. Class I Nonhazardous Well Construction Requirements
1. All Class I Nonhazardous wells as defined in Section 7-3.1(B) shall be sited so they inject beneath the lowermost formation containing, within two miles of the well bore, an USDW.
2. All Class I Nonhazardous wells shall be cased and cemented to prevent the movement of fluids into or between USDW's. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements the following factors shall be considered:
a. depth to the injection zone;
b. injection pressure, external pressure, internal pressure, and axial loading;
c. hole size;
d. size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material);
e. corrosiveness of injected fluid, formation fluids, and temperatures;
f. lithology of injection and confining intervals; and
g. type or grade of cement.
3. All Class I Nonhazardous injection
wells (except for municipal wells injecting noncorrosive wastes)
shall inject through tubing with a packer set immediately above the
injection zone or tubing with an approved fluid seal. Alternatives
may be used with the written approval of the [Executive Secretary]Director if they provide a comparable level of
protection.
The following factors shall be considered in determining and specifying requirements for tubing, packer or alternatives:
a. depth of setting;
b. characteristics of injected fluid;
c. injection pressure;
d. annular pressure;
e. rate, temperature and volume of injected fluid; and
f. size of casing.
4. Appropriate logs and other tests shall
be conducted during the drilling and construction of new wells and
a descriptive report interpreting the results of such logs and
tests shall be prepared by a qualified log analyst and submitted to
the [Executive Secretary]Director. At a minimum, such logs and tests shall
include:
a. deviation checks on holes constructed by drilling a pilot hole, and then enlarging the pilot hole;
b. Such other logs and tests as may be
required by the [Executive Secretary]Director. In determining which logs and tests shall be
required, the following shall be considered for use in the
following situations:
(1) for surface casing intended to protect USDW's:
(a) electric and caliper logs (before casing is installed);
(b) cement bond, temperature or density log (after casing is set and cemented);
(2) for intermediate and long strings of casing intended to facilitate injection:
(a) electric, porosity and gamma ray logs (before casing is installed);
(b) fracture finder logs;
(c) cement bond, temperature or density log (after casing is set and cemented).
5. At a minimum, the following information concerning the injection formation shall be determined or calculated for new wells:
a. fluid pressure;
b. temperature;
c. fracture pressure;
d. physical and chemical characteristics of the injection matrix; and
e. physical and chemical characteristics of the formation fluids.
B. Class III Construction Requirements
1. All new Class III wells shall be cased
and cemented to prevent the migration of fluids into or between
underground sources of drinking water. The [Executive Secretary]Director may waive the cementing requirement for new wells
in existing projects or portions of existing projects where he has
substantial evidence that no contamination of underground sources
or drinking water would result. The casing and cement used in the
construction of each newly drilled well shall be designed for the
life expectancy of the well. In determining and specifying casing
and cementing requirements, the following factors shall be
considered:
a. depth to the injection zone;
b. injection pressure, external pressure, internal pressure, and axial loading;
c. hole size;
d. size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material);
e. corrosiveness of injected fluids and formation fluids;
f. lithology of injection and confining zones; and
g. type and grade of cement.
2. Appropriate logs and other tests shall
be conducted during the drilling and construction of new Class III
wells. A descriptive report interpreting the results of such logs
and tests shall be prepared by a qualified log analyst and
submitted to the [Executive Secretary]Director. The logs and tests appropriate to each type of
Class III well shall be determined based on the intended function,
depth, construction and other characteristics of the well,
availability of similar data in the area of the drilling site, and
the need for additional information that may arise from time to
time as the construction of the well progresses. Deviation checks
shall be conducted on all holes where pilot holes and reaming are
used, unless the hole will be cased and cemented by circulating
cement to the surface. Where deviation checks are necessary they
shall be conducted at sufficiently frequent intervals to assure
that vertical avenues for fluid migration in the form of diverging
holes are not created during drilling.
3. Where the injection zone is a formation which is naturally water-bearing the following information concerning the injection zone shall be determined or calculated for new Class III wells or projects:
a. fluid pressure;
b. fracture pressure; and
c. physical and chemical characteristics of the formation fluids.
4. Where the injection zone is not a water bearing formation, only the fracture pressure must be submitted.
5. Where injection is into a formation which contains water with less than 10,000 mg/l TDS, monitoring wells shall be completed into the injection zone and into any USDW above the injection zone.
6. Where injection is into a formation which does not contain water with less than 10,000 mg/l TDS, no monitoring wells are necessary in the injection stratum.
7. Where the injection wells penetrate an USDW in a area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be completed into the USDW.
10.2 Operation Requirements
A. For Class I Nonhazardous and Class III wells it is required that:
1. Except during stimulation, the injection pressure at the wellhead shall not exceed a maximum which shall be calculated to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case shall the injection pressure initiate fractures in the confining zone or cause the movement of injection or formation fluids into an USDW.
2. Injection between the outermost casing protecting USDW's and the well bore is prohibited.
B. For Class I Nonhazardous wells, unless
an alternative to tubing and packer has been approved, the annulus
between the tubing and the long string of casings shall be filled
with a fluid approved by the [Executive Secretary]Director and a pressure approved by the [Secretary]Director shall be maintained on the annulus.
10.3 Monitoring. The permittee shall identify types of tests and methods used to generate the monitoring data:
A. Class I Nonhazardous well monitoring shall, at a minimum, include:
1. the analysis of the injected fluids with sufficient frequency to yield representative data of their characteristics;
2. installation and use of continuous recording devices to monitor injection pressure, flow rate and volume, and the pressure on the annulus between tubing and the long string of casing;
3. a demonstration of mechanical integrity pursuant to 40 C.F.R. 146.8 at least once every five years during the life of the well; and
4. the type, number and location of wells within the area of review to be used to monitor any migration of fluids into and pressure in the USDW, the parameters to be measured and the frequency of monitoring.
5. Ambient monitoring requirements for Class I Nonhazardous wells found in 40 C.F.R. 146.13(d).
B. Class III monitoring shall, at a minimum, include:
1. the analyses of the physical and chemical characteristics of the injected fluid with sufficient frequency to yield representative data on its characteristics;
2. monitoring of injection pressure and either flow rate or volume semi- monthly, or metering and daily recording of injected and produced fluid volumes as appropriate;
3. demonstration of mechanical integrity pursuant to 40 C.F.R. 146.8 at least once every five years during the life of the well for salt solution mining;
4. monitoring of the fluid level in the injection zone semi-monthly, where appropriate and monitoring of the parameters chosen to measure water quality in the monitoring wells required by Section 7-10.2 of these rules, semi-monthly;
5. quarterly monitoring of wells required by Section 7-10.1(B)(7).
6. All Class III wells may be monitored on a field or project basis rather than an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required, provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.
7. In determining the number, location, construction and frequency of monitoring of the monitoring wells, the criteria in 40 C.F.R. 146.32(h) shall be considered.
10.4 Reporting Requirements
A. For Class I Nonhazardous injection wells reporting shall, at a minimum, include:
1. quarterly reports to the [Executive Secretary]Director on:
a. the physical, chemical and other relevant characteristics of injection fluids;
b. monthly average, maximum and minimum values for injection pressure, flow rate and volume, and annular pressure; and
c. the results of monitoring of wells in the area of review.
2. Reporting the results, with the first quarterly report after the completion of:
a. periodic tests of mechanical integrity;
b. any other test of the injection well
conducted by the permittee if required by the [Executive Secretary]Director; and
c. any well work over.
B. For Class III injection wells reporting shall, at a minimum, include:
1. quarterly reporting to the [Executive Secretary]Director on required monitoring;
2. results of mechanical integrity and any
other periodic test required by the [Executive Secretary]Director reported with the first regular quarterly report
after the completion of the test; and
3. monitoring may be reported on a project or field basis rather than individual well basis where manifold monitoring is used.
10.5 Plugging and Abandonment Requirements
A. Prior to abandoning Class I
Nonhazardous and Class III wells, the well shall be plugged with
cement in a manner which will not allow the movement of fluid
either into or between underground sources of drinking water. The [Executive Secretary]Director may allow Class III wells to use other plugging
materials if he is satisfied that such materials will prevent
movement of fluids into or between underground sources of drinking
water.
B. Placement of the cement plugs shall be accomplished by one of the following:
1. the Balance Method;
2. the Dump Bailer Method;
3. the Two-Plug Method; or
4. an alternative method approved by the [Executive Secretary]Director which will reliably provide a comparable level of
protection to USDW's.
C. The well to be abandoned shall be in a
state of static equilibrium with the mud weight equalized top to
bottom, either by circulating the mud in the well at least once, or
by a comparable method prescribed by the [Executive Secretary]Director, prior to the placement of the cement plug.
D. The plugging and abandonment plan
required in Section 7-9 shall, in the case of a Class III well
field which underlies or is in an aquifer which has been exempted,
also demonstrate adequate protection of USDW's. The [Executive Secretary]Director shall prescribe aquifer cleanup and monitoring
where he deems it necessary and feasible to insure adequate
protection of USDW's.
10.6 Information to be Considered by the [Executive Secretary]Director. Requirements for information from well owners or
operators and evaluations by the [Executive Secretary]Director for the issuance of permits, approval of well
operation or well plugging and abandonment of Class I Nonhazardous
injection wells are found in 40 C.F.R. 146.14 and Class III
injection wells are found in 40 C.F.R. 146.34.
R317-7-11. Technical Requirements for Class I Hazardous Waste Injection Wells.
11.1 Applicability. Statements of applicability and definitions are described in 40 C.F.R. 146.61.
11.2 Minimum Siting Criteria. Minimum siting requirements for Class I hazardous waste wells are described in 40 C.F.R. 146.62.
11.3 Area of Review. The area of review is defined for Class I hazardous waste injection wells in 40 C.F.R. 146.63.
11.4 Corrective Action for Wells in the Area of Review. Corrective action requirements for wells found within the area of review are located in 40 C.F.R. 146.64.
11.5 Construction Requirements. Construction requirements for all Class I hazardous waste injection wells are found in 40 C.F.R. 146.65.
11.6 Logging, Sampling, and Testing Prior to New Well Operation. Pre-operation requirements for logging, sampling, and testing of new wells are found in 40 C.F.R. 146.66.
11.7 Operating Requirements. Operation requirements for Class I hazardous waste injection wells are found in 40 C.F.R. 146.67.
11.8 Testing and Monitoring Requirements. Testing and monitoring requirements are found in 40 C.F.R. 146.68.
11.9 Reporting Requirements. Reporting requirements are found in 40 C.F.R. 146.69.
11.10 Information to be Evaluated by the [Executive Secretary]Director. Requirements for information from well owners or
operators and evaluations by the [Executive Secretary]Director for the issuance of permits, approval of well
operation or well plugging and abandonment are found in 40 C.F.R.
146.70.
11.11 Closure. Well closure requirements are found in 40 C.F.R. 146.71.
11.12 Post-closure Care. Post-closure care requirements for Class I hazardous waste injection wells and facilities are found in 40 C.F.R. 146.72.
11.13 Financial Responsibility for Post-closure Care. Financial responsibility requirements for care of a Class I hazardous waste injection well during post-closure are found in 40 C.F.R. 146.73.
11.14 Requirements for Wells Injecting Hazardous Waste. Requirements for injection of waste accompanied by a manifest are found in 40 C.F.R. 144.14.
R317-7-12. Hazardous Waste Injection Restrictions.
12.1 Purpose, Scope, and Applicability. Standards are found in 40 C.F.R. 148.1.
12.2 Definitions. Definitions are found in 40 C.F.R. 148.2.
12.3 Dilution Prohibited as a Substitute for Treatment. The prohibition is found in 40 C.F.R. 148.3.
12.4 Procedures for Case-by-case Extensions to an Effective Date. Requirements are found in 40 C.F.R. 148.4.
12.5 Waste Analysis. Requirements are found in 40 C.F.R. 148.5.
12.6 Waste Specific Prohibitions - Solvent Wastes. Prohibitions and requirements are found in 40 C.F.R. 148.10.
12.7 Waste Specific Prohibitions - Dioxin - Containing Wastes. Prohibitions and requirements are found in 40 C.F.R. 148.11.
12.8 Waste Specific Prohibitions - California List Wastes. Prohibitions and requirements are found in 40 C.F.R. 148.12.
12.9 Waste Specific Prohibitions - First Third Wastes. Prohibitions and requirements are found in 40 C.F.R. 148.14.
12.10 Waste Specific Prohibitions - Second Third Wastes. Prohibitions and requirements are found in 40 C.F.R. 148.15.
12.11 Waste Specific Prohibitions - Third Third Wastes. Prohibitions and requirements are found in 40 C.F.R. 148.16.
12.12 Waste Specific Prohibitions - Newly Listed Wastes. Prohibitions and requirements are found in 40 C.F.R. 148.17.
12.13 Petitions to Allow Injection of a Waste Prohibited Under Sections 7.11 and 7.12. Requirements for petitions to allow injection of prohibited wastes are found in 40 C.F.R. 148.20.
12.14 Information to be Submitted in Support of Petitions. Requirements are found in 40 C.F.R. 148.21.
12.15 Requirements for Petition Submission, Review and Approval or Denial. Requirements are found in 40 C.F.R. 148.22.
12.16 Review of Exemptions Granted Pursuant to a Petition. Requirements are found in 40 C.F.R. 148.23.
12.17 Termination of Approved Petition. Petition termination requirements are found in 40 C.F.R. 148.24.
R317-7-13. Public Participation.
[In addition to adjudicatory hearings required under the
State Administrative Procedures Act 63-46b, et seq. and proceedings
otherwise outlined or referenced in these regulations, the Board or
its duly appointed representative]The Division will investigate and provide written response
to all citizen complaints duly submitted. In addition, the [Board]Director shall not oppose intervention in any civil or
administrative proceeding by any citizen where permissive
intervention may be authorized by statute or rule. The [Board]Director will publish notice of and provide at least thirty
(30) days of public comment on any proposed settlement of any
enforcement action.
KEY: water quality, underground injection control
Date of Enactment or Last Substantive Amendment: [August 25, 2006]2013
Notice of Continuation: June 20, 2011
Authorizing, and Implemented or Interpreted Law: 19-5
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov.