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e-CFR data is current as of September 21, 2020

Title 40Chapter ISubchapter DPart 144Subpart C → §144.22

Title 40: Protection of Environment
Subpart C—Authorization of Underground Injection by Rule

§144.22   Existing Class II enhanced recovery and hydrocarbon storage wells.

(a) An existing Class II enhanced recovery or hydrocarbon storage injection well is authorized by rule for the life of the well or project, if the owner or operator injects into the existing well within one year after the date which a UIC program authorized under the SDWA becomes effective for the first time or inventories the well pursuant to the requirements of §144.26. An owner or operator of a well which is authorized by rule pursuant to this section shall rework, operate, maintain, convert, plug, abandon or inject into the well in compliance with applicable regulations.

(b) Duration of well authorization by rule. Well authorization under this section expires upon the effective date of a permit issued pursuant to §144.19, §144.25, §144.31, §144.33 or §144.34; after plugging and abandonment in accordance with an approved plugging and abandonment plan pursuant to §§144.28(c) and 146.10 of this chapter; and upon submission of a plugging and abandonment report pursuant to §144.28(k); or upon conversion in compliance with §144.28(j).

(c) Prohibitions on injection. An owner or operator of a well authorized by rule pursuant to this section is prohibited from injecting into the well:

(1) Upon the effective date of an applicable permit denial;

(2) Upon failure to submit a permit application in a timely manner pursuant to §144.25 or §144.31;

(3) Upon failure to submit inventory information in a timely manner pursuant to §144.26;

(4) Upon failure to comply with a request for information in a timely manner pursuant to §144.27;

(5) Upon failure to provide alternative financial assurance pursuant to §144.28(d)(7);

(6) Forty-eight hours after receipt of a determination by the Director pursuant to §144.28(f)(3) that the well lacks mechanical integrity, unless the Director requires immediate cessation; or

(7) Upon receipt of notification from the Director pursuant to §144.28(l) that the transferee has not demonstrated financial responsibility pursuant to §144.28(d).

(d) Requirements. The owner or operator of a well authorized under this section shall comply with the applicable requirements of §144.28 and part 147 of this chapter. Such owner or operator shall comply with the casing and cementing requirements no later than 3 years and other requirements no later than 1 year after authorization.

[49 FR 20181, May 11, 1984, as amended at 58 FR 63896, Dec. 3, 1993; 75 FR 77288, Dec. 10, 2010]

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