Ariz. Admin. Code § 18-9-A602

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-9-A602 - Applicability

A. This Article becomes effective upon the date of the Environmental Protection Agency's approval of the Arizona UIC Program. Upon that date, the Department shall, under A.R.S. Title 49, Chapter 2, Articles 3.3, 4 and Article 6 of this Chapter, administer and enforce any permit which has been previously authorized or issued in this state under the Federal UIC program.

B. This Article and 40 CFR Part 145, Subpart C provide the minimum requirements of the State of Arizona's Underground Injection Control (UIC) program under A.R.S. Title 49, Chapter 2, Article 3.3 (Underground Injection Control Permit Program) and pursuant to Part C of the Safe Drinking Water Act (SDWA) ( Pub. L. 93-523, as amended; 42 U.S.C. 300h et seq.).

C. Underground injection is prohibited in lands under the jurisdiction of the State of Arizona unless:

1. Authorized by permit or rule under this Article in accordance with 42 U.S.C. 300h et seq., or

2. Authorized by OGCC pursuant to regulations approved by EPA.

D. Any injection activity authorized by permit or rule under this Article shall prohibit the movement of fluid containing any contaminant into underground sources of drinking water (USDWs), where the presence of that contaminant may cause a violation of this Article or may adversely affect the health of persons.

E. Injection wells regulated under this Article are categorized into six classes based on characteristics of the injection well activity. Owners or operators of injection wells regulated under all six classes must be authorized by permit (all classes) or rule (Class V only if no permit is required) pursuant to the requirements of this Article.

F. Specific inclusions. The following wells are included among those types of injection activities which are covered by the UIC regulations in this Article. (This list is not intended to be exclusive but is for clarification only.)

1. Any injection well located on a drilling platform inside the State's territorial waters.

2. Any dug hole or well that is deeper than its largest surface dimension, where the principal function of the hole is emplacement of fluids.

3. Any well used by generators of hazardous waste, or by owners or operators of hazardous waste management facilities, to dispose of fluids containing hazardous waste. This includes the disposal of hazardous waste into what would otherwise be septic systems and cesspools, regardless of their capacity.

4. Any septic tank, cesspool, or other well used by a multiple dwelling, or community, or other large system for the injection of wastes.

G. Specific exclusions. The following are not covered by these regulations:

1. Septic systems or similar waste disposal systems if such systems:

a. Are used solely for the disposal of sanitary waste, and

b. Have a design capacity of less than 3,000 gallons per day.

2. Injection wells used for injection of hydrocarbons which are of pipeline quality and are gases at standard temperature and pressure for the purpose of storage.

3. Any dug hole, drilled hole, or bored shaft which is not used for the subsurface emplacement of fluids.

4. Injection wells authorized by OGCC pursuant to regulations approved by EPA, in accordance with 42 U.S.C. 300h et seq.

H. Safe Drinking Water Act exemptions. The following activities are exempt from the Arizona UIC Program:

1. The underground injection of natural gas for purposes of storage.

2. The underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.

I. The Director may identify aquifers and portions of aquifers which are actual or potential sources of drinking water, to assist in carrying out the Director's duty pursuant to this Article. Any aquifer meeting the criteria under R18-9-A601(70) shall be protected as an USDW, even if it has not been explicitly identified pursuant to this Section.

J. The Director may also designate aquifers or portions of aquifers as exempt from the program using the criteria in R18-9-A605 and R18-9-A606, subject to EPA approval. Any aquifer or portion thereof within the State that has previously been designated exempt by EPA pursuant to 40 CFR § 144.7 shall be part of the Arizona UIC program upon the effective date of the Arizona UIC program.

Ariz. Admin. Code § R18-9-A602

New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.