What is a Class V injection well?
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Underground Injection Control (UIC) 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. Injection wells are regulated
by EPA and states through the UIC program in order to protect
underground sources of drinking water from contamination. |
Why are Class V injection wells of concern to EPA?
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EPA estimates there are more than one million Class
V injection wells currently in the United States. Class V injection
wells are located in every state, especially in unsewered areas
where the population is likely to depend on groundwater for its
drinking water source. The fluids released by certain types of
these wells have a high potential to contain elevated concentrations
of contaminants that may endanger drinking water.
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 drinking water systems 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 public
water systems to such contaminants.
Consistent with the national priority established by the 1996
SDWA Amendments, the proposed Class V rule, 40 CFR 144, Subpart
G - Requirements for Owners and Operators of Class V Injection
Wells, focuses on high-risk Class V injection wells in source
water protection areas, that are known to pose the greatest
threat to underground sources of drinking water:
- motor vehicle waste disposal wells;
- industrial waste disposal wells; and
- large-capacity cesspools.
The proposed Class V regulation would affect the owners and
operators of these wells in source water protection areas
delineated for community water systems and non-transient non-community
water systems that rely on at least one ground water source.
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Are Class V injection wells currently regulated?
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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 injection wells are "authorized by rule" (40 CFR 144),
which means they 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 the 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
closed in a manner which protects underground sources of drinking
water. 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.
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What are the proposed regulatory requirements?
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As the first step in the strategy for Class V injection
well management, EPA is proposing to regulate three types of UIC
Class V wells in Source Water Protection Areas for community and
non-transient non-community water systems that use groundwater
as follows:
- Large-capacity Cesspools
- New cesspools would be prohibited
- Existing cesspools would be phased out over 5 years
- Industrial Waste Disposal Wells
- Would be prohibited from exceeding drinking water standards
or other health-based limits at the point of injection
- Must meet drinking water standards within 90 days of
the completion of its local SWAP
- Motor Vehicle Waste Disposal Wells
- Two options are being co-proposed: a) ban motor vehicle
wells completely; or b) owners would be allowed to receive
a waiver from the ban and apply for a permit that would
require waste to meet drinking water standards at the
point of injection
- Must close well or apply for a waiver within 90 days
of the completion of its local SWAP (states may grant
a one-year extension)
If states do not complete their SWAP by the extended deadline
of May 2003 -- these requirements would apply statewide.
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Didn't EPA propose regulations for Class V injection wells
in 1995?
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In August 1995, the Administrator signed a notice
of proposed rulemaking. In this notice, EPA proposed not to adopt
additional federal regulations for any types of Class V injection
wells. Instead, EPA proposed to address the risks posed by certain
wells using existing authorities and a Class V management strategy
designed to (1) speed up the closure of potentially endangering
wells; and (2) promote the use of best management practices to
ensure that other Class V injection wells of concern do not endanger
underground sources of drinking water.
In 1995, EPA received many comments from some states and industries
that use Class V injection wells that supported the proposal
to not impose more regulations for Class V wells. In general,
these commenters supported the rule because it provided maximum
flexibility to states to use existing authorities to address
high-risk site specific factors. However, EPA also received
a number of comments that raised concerns about the proposal,
primarily from states and an environmental group. In particular,
several commenters questioned whether a UIC program without
additional requirements for high-risk well types, including
Class V industrial waste disposal wells and cesspools, could
prevent endangerment to drinking water sources as required by
the SDWA.
The 1995 approach proposed to address all Class V injection
wells regardless of the level of risks they pose to underground
sources of drinking water, with one regulatory approach, and
did not provide a clear set of regulatory requirements for different
categories of wells based on their level of risk. As a result,
the proposed rule did not adequately address high-risk wells
that threaten public drinking water supplies. EPA now believes
that specific regulatory requirements are necessary to control
the risks posed by industrial and motor vehicle waste disposal
wells, and large-capacity cesspools in delineated source water
protection areas.
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Why are the new regulations being proposed?
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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 UIC regulations will:
- satisfy the requirements under the SDWA Section 1421,
which require the Administrator to publish proposed regulations
for state UIC programs
- integrate UIC regulations with the new programs for source
water protection
- fulfill certain EPA obligations under a 1997 court decree.
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What about the other types of Class V injection wells?
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Other types of Class V injection wells are not
covered under the current proposal because more information is
needed to determine whether additional federal regulation for
these other well types is necessary, and if so what that additional
regulation would entail. Examples of well types currently under
study include: agricultural drainage; stormwater drainage; large-capacity
septic systems; and, geothermal wells. As the second step in the
strategy, EPA is undertaking further study to assess risks, fill
existing information gaps, and provide a factual basis for any
further regulatory action. For information about the study, contact
Anhar Karimjee at (202) 260-3862 (Email:
[email protected]) |
How do I get more information?
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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).
The proposed regulation is written in the "plain English" format.
For more information, contact the Safe Drinking Water Hotline
at 1-800-426-4791 or Robyn Delehanty at (202)
260-1993 (Email:
[email protected]).
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Can the public provide comments on the proposed rule?
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The proposal asks for comments on a number of variations
to the proposed approach for 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 originally accepted public comments on
the proposed regulation until September 28, 1998. The Agency has
now reopened the comment period until November 30, 1998.
Address written comments to the UIC Class V, W-98-5 Comment Clerk,
Water Docket (MC-4101); U.S. Environmental Protection Agency;
401 M Street, SW, Washington, DC 20460. Comments may be submitted
electronically to [email protected]. |