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Direct Implementation Programs
The U.S. Environmental Protection Agency, Region 4 office in Atlanta, Georgia directly implements the Underground Injection Control (UIC) program in Kentucky, Tennessee, and all Indian lands. In addition, Region 4 also administers the Class 2 program in Florida. Programs in other Region 4 States are administered by one or more State agencies.
Where are the injection wells which are regulated by EPA Region 4?
Class 1 injection wells are for disposal of industrial (hazardous or non-hazardous) or municipal wastes. Currently, only one facility in Kentucky is authorized to inject into a Class 1 non-hazardous well.
Florida, Kentucky, and Tennessee are all oil producing states, where Class 2 injection wells are used extensively for brine disposal and enhanced oil and gas recovery. Currently, there are about 3,400 Class 2 wells in Kentucky, 10 in Tennessee, and 60 in Florida. There are no Class 2 wells on Indian lands in Region 4. Within the mature oil producing areas of Kentucky and Tennessee, injection wells tend to be relatively shallow, generally less than 2,500 feet, and injection operations are mechanically simple. In contrast, Class 2 injection wells in Florida are often drilled to more than 15,000 feet and injection operations tend to be far more complex.
Class 5 wells are mainly found in rural and suburban areas not served by centralized sewage systems. Most Class 5 wells in Kentucky and Tennessee are large capacity septic systems.
Where may I find regulations about injection wells?
The Safe Drinking Water Act (SDWA) of 1974 required EPA to establish regulations for the UIC Program. Regulations specific to UIC are found in Title 40 of the Code of Federal Regulations (CFR) Parts 144 - 148. The following documents are from the July 1, 2008 edition of the CFR:
You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.
- 40 CFR Part 144 - Underground Injection Control Program (67 pp, 291K)
- 40 CFR Part 145 - State UIC Program Requirements (14 pp, 101K)
- 40 CFR Part 146 - Underground Injection Control Program: Criteria and Standards (33 pp, 166K)
- 40 CFR Part 147 - State Underground Injection Control Programs
- 40 CFR Part 147.1 - Purpose and Scope (6 pp, 68K)
- 40 CFR 147 Subpart K - Florida (3 pp, 65K)
- 40 CFR 147 Subpart S - Kentucky (3 pp, 63K)
- 40 CFR 147 Subpart RR - Tennessee (2 pp, 62K)
- 40 CFR Part 148 - Hazardous Waste Injection Restrictions (10 pp, 80K)
How do I obtain the authority to conduct injection operations?
For all injection wells covered by the UIC Program, underground injection is prohibited unless the well is either authorized by rule or authorized by permit. In simple terms, existing injection wells were authorized by rule if the well was properly inventoried within one year after the effective date of the applicable UIC Program (as shown below). All wells constructed or converted thereafter require authorization by permit.
The effective date for each EPA Region 4 UIC program is as follows:
- June 25, 1984 for the Commonwealth of Kentucky
- June 25, 1984 for the State of Tennessee
- December 30, 1984 for the State of Florida (Class 2 program)
- November 25, 1988 for all Indian Lands in Region 4
If a well is currently authorized by rule or permit, authority to operate can also be obtained by transferring ownership of the well. To transfer ownership, a transfer of ownership form (Form 7520-7) (2 pp, 54K) must be submitted to EPA along with a written agreement between the previous and new owner. There also must be a demonstration of adequate financial responsibility before the transfer can be finalized. This notification must be made to EPA thirty (30) days prior to the effective date of the change in ownership. If the transfer of ownership is for a permitted well, the permit will be modified to show the new ownership.
How do I apply for a Class 2 injection well permit?
To apply for a Class 2 UIC permit, the applicant must submit an application
(Form 7520-6) (6 pp, 100K) and all appropriate attachments. The application requires information pertaining to the construction and operation of the well along with geologic information. The application also generally requires well construction and plugging documentation for all wells within the 1/4 mile area of review (AOR) of the proposed injection well. The Kentucky
Geological Survey 
has oil and gas well information online that may help applicants with the AOR requirements for permits in the Commonwealth of Kentucky. To assist in completing the application, Region 4 has a "permit package" for Class 2 wells which contains basic information. The permit package includes the following documents:
- Clarification of UIC Permit Application Requirements for Class II Wells (15 pp, 77K)
- Casing and Cementing Guidance (4 pp, 192K)
- Plugging and Abandonment Cost Estimates (2 pp, 14K)
- Monitoring and Reporting Guidance (3 pp, 31K)
- Notice of Confidential Treatment (1 p, 11K)
- Permit Application Checklist (6 pp, 26K)
Forms included in the package are now also available online.
Region 4 staff are available to answer questions prior to submitting a permit application and during application review. A permit may be issued for a single well or for an area permit. Although an area permit application may take longer to prepare, an area permit may allow greater flexibility in the operation of large well fields. Permits require public notice and at least 30 days for public comment. Therefore, applicants should expect the entire process to take about 10 to 12 weeks from the date EPA receives a complete permit application.
What is needed to demonstrate financial responsibility?
An owner/operator of all Class 1, Class 2, and permitted Class 5 wells must demonstrate that adequate financial resources are available to properly plug injection wells by submitting one of the following: a letter of credit (2 pp, 15K) or a surety performance bond (4 pp, 24K) with a standby trust agreement (9 pp, 42K), a trust agreement (9 pp, 38K), or a financial statement. To use a financial statement, the financial test described in Federal Financial Responsibility Demonstrations for Owners and Operators of Class II Oil-and-Gas Related Injection Wells (EPA 570-9-90-003) May 1990 (28 pp, 1569K) must be met. The following documents must also be submitted with the financial statement: Chief Financial Officer's Letter (4 pp, 30K) and Auditor's Verification of Chief Financial Officer's Letter (1 p, 13K). All financial documents must include the financial institution's name, address, a contact person, and phone number.
What about oil and gas production wells?
UIC regulations do not cover production wells. Production
wells in the Commonwealth of Kentucky are regulated by the Division
of Oil and Gas. In Tennessee, production wells are regulated by
the State
Oil and Gas Board and the Tennessee
Division of Geology. In Florida, the Florida Department of Environmental Protection, Oil
& Gas Program regulates production wells.
What are the monitoring requirements for Class 2 injection wells?
For rule authorized wells, EPA requires operators to observe and record injection pressure, flow rate, and cumulative volume at least monthly. The specific conditions of an issued permit determine the frequency of pressure, rate, and volume observations for permitted wells. An annual monitoring report (SF 7520-11) (2 pp, 77K) must be submitted for each injection well, whether rule authorized or permitted, regardless of whether or not the well was in use or shut-in during the year.
Wells located on the same lease or field, or part of the same project, cannot be combined on an annual monitoring report unless those wells are operated with a common manifold. When manifold monitoring is used, the operator must demonstrate that such monitoring is comparable to individual well monitoring. At a minimum, an annual monitoring report should identify which wells are connected through a common manifold, and show which wells were operated and which wells were shut-in. Injection volume and pressure may then be reported collectively.
Annual reports may cover a calendar year (preferred), a federal fiscal year, or a year as defined by the specific conditions of the permit. Whatever starting and ending dates are used, the annual monitoring report should cover 12 months.
What are the fluid analysis requirements for Class 2 injection wells?
The operator of a Class 2 injection well is required to monitor the nature of the injected fluid with sufficient frequency to yield data representative of fluid characteristics. For rule authorized injection wells, an initial fluid analysis may have been submitted and may be on file with EPA. If so, a new analysis is required only when changes are made to the injected fluid or when requested, in writing, from EPA. For permitted injection wells, a fluid analysis is required annually, and whenever changes are made to the injected fluid. At a minimum, a fluid analysis should include pH, specific gravity, and total dissolved solids (TDS). Some permits require analysis of other constituents, as well. Please check your permit to be sure.
How do I obtain authorization to inject into a Class 5 injection well?
Authorization of a Class 5 injection well can be granted in two different ways: Rule authorization and permit.
To receive rule authorization, the owner/operator must provide information about the well (e.g., submit basic inventory (1 p, 17K) information and show that the well does not endanger an underground source of drinking water (USDW). EPA staff will review this information and determine whether the well may be authorized by rule or will require a permit.
If, after review of the inventory information, EPA determines that the injection well may be authorized by rule, the owner/operator will receive a letter of authorization from EPA allowing injection.
If it is determined that a permit is needed, an application will be required. To assist in the completion of a permit application, a Class 5 permit application clarification document (7 pp, 51K) is available for use. Demonstration of financial responsibility is required for Class 5 permitted wells.
Where may I find additional information about Class 5 injection wells?
Additional information about Class 5 wells is available from EPA Headquarter's Office of Ground Water and Drinking Water website at https://www.epa.gov/safewater/uic/class5/index.html
Does federal authorization by rule or an EPA-issued permit preclude the need to comply with State requirements?
No. The operator of an injection well is required to comply with any applicable State requirement in addition to complying with federal UIC regulations.