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not including wells which inject nuclear waste a USDW into a Class I at this time a Until a final <br />policy is developed, such wells are included in Class V. <br />Similarly, among those wells which inject into aquifers nearest the land surface,.Class IV <br />wells were separated from Class V because of the heightened risk which Class N wells create. <br />Class IV wells may be the most harmful class of wells because of the hazardous nature of fluids <br />injected into them and the proximity of their injection zone to underground sources of drinking <br />water. Within wells categorized as Class IV, two general subcategories may be defined: those <br />which inject hazardous waste directly into underground sources of drinking water, and those <br />which inject hazardous waste above underground sources of drinking water. It was felt that this <br />difference was sufficient to warrant-distinct treatment. Accordingly, Class IV wells which inject <br />into an underground source of drinking water are being banned under an "interim final" rule <br />within 6 months after a State UIC program becomes effective. A decision regarding Class IV <br />wells which inject above an underground source of drinking water is being reserved-at this time <br />pending further Agency consideration and public comment. The rational for this approach is <br />presented in more detail in a later discussion. Management of radioactive waste which is <br />injected into or above USDWs will follow this same regulatory scheme, i.e., such waste injected <br />into a underground source of drinking water will be banned within 6 months after a State UIC <br />program becomes effective, and decisions regarding such waste injected above USDWs are being <br />reserved. This applies to radioactive waste as defined by both RCRA and the Atomic Energy Act <br />of 1954. <br />An additional factor which influenced this reproposed classification of wells was the Safe <br />Drinking Water Act ("SDWA") itself. Sections 1421(b),(2) and 1422(c) of the SDWA state that <br />regulations for State underground-injection control programs may not prescribe requirements <br />which interfere with or impede underground injection in connection with oil and natural gas <br />production or the secondary or tertiary recovery of oil and gas production unless such <br />requirements are essential to assure that underground sources of drinking water will not be <br />endangered by such injection. House Report No. 93-1185 accompanying the Act takes care to <br />clarify this directive. At page 31, the Report characterizes the term "interferes with or impedes" <br />as referring to only those requirements which could "stop or substantially delay" oil or natural gas <br />production. Thus, the "test" of essentiality would only be relevant upon a demonstration that a <br />requirement would stop or substantially delay such production. <br />EPA has observed this statutory admonition by including all injection wells relating to oil <br />and natural gas production and hydrocarbon storage into a single category (Class 11) with the <br />exception of gas storage wells. Gas storage wells have been included in Class V wells. Such a <br />grouping makes it possible to modify specific requirements and allow additional flexibility where <br />possible without endangering human health. It was felt that the economic incentive for <br />preventing leakage, and the relatively innocuous character (natural gas is not highly soluble) <br />8 Comprehensive Radioactive Waste Management Program Message from the President <br />Received during Recess, Congressional Record - Senate, February 18, 1980 <br />Page 5 of 20