UIC Program Guidance - Clarifying Memorandums

The guidance documents and memorandums provided below were developed by the UIC program to inform decision-making, clarify issues and questions, and guide UIC program implementation consistent with the requirements of the Safe Drinking Water Act and the federal UIC regulations.  They are guidance related to clarifying memorandums.

EPA is committed to ensuring that the guidance documents posted here are consistent with the requirements of Section 508 of the Rehabilitation Act (29 U.S.C. 794d).  Please contact Jeff Jollie (jollie.jeff@epa.gov) if you have any questions or concerns.

• Interpretation of Cementing Requirements in 40 CFR Part 146.65 for Class I Injection Wells (pdf) (December 2, 2002)
  Provides clarification of HQ interpretation of the construction regulations for Class I injection wells referenced in 40 CFR 146.65.
• Revisions to Standby Trust Agreements in Class II Federally Administered UIC Programs (pdf) (October 20, 2003)
  Standby Trust Agreements in Class II Federally-Administered UIC programs have been revised to conform to the requirements of the Federal Miscellaneous Receipts Act.
• Assistance on Compliance of 40 CFR Part 191 with Ground Water Protection Standards (pdf) (June 4,1993)
  This guidance is intended to assist owners and operators with UIC injection requirements to ensure compliance with 40 CFR 191.
• Marysville Underground Storage Terminal Request for Exclusion from UIC Regulations (pdf) (February 2, 1994)
  Letter from Francoise Brasier (HQ) to Reichard Zdanowicz (R5) indicating the Marysville Underground Storage Terminal qualifies for an exclusion from the UIC regulations listed in 40 CFR 144.1 (g)(2)(iv).
• Letter to Williams Energy on RCRA EP Waste (pdf) (January 8, 1998)
  Letter from Dave Hogle to Williams Energy Group establishing Agency position on E&P exemptions under RCRA.
• Well Classification for Two Propane Storage Wells Located in Painesville OH (pdf) (June 1, 1999)
  Memo provides Region 5 concurrence that the two propane storage wells in Painesville, OH are excluded from UIC requirements.
• Additional Guidance for the Update Codification of Part 147 (pdf) (July 27,1988)
  The purpose of this document is to provide additional guidance on the update and codification of Part 147. It also requests a commitment by the regions to update and provide information to HQ for codification by or before the end of a specific calendar year.
• Integration of UIC Class V and Source Water Protection (pdf) (January 28, 2004)
  Memorandum to regional UIC and Source Water Programs identifying links between UIC Class V wells and common potential source of contamination found during source water assessments. The memorandum identifies opportunities for leveraging resources to protect underground source of drinking water.
• Individual or Single Family Waste Disposal Systems Memo (pdf) (October 5,2009)
  Clarifies that individual or single-family waste disposal systems excluded under 144.1 (g)(2)(ii) include wells that accept residential waste from one individual or single-family residence. Such residential waste disposal wells at an individual or single-family residence include (1) heat pump and /air conditioning return flow wells (2) geothermal wells, (3) residential storm water drainage wells, and (4) residential swimming pool drainage wells as long as the waste disposal systems serve only on
• Clarification on Which Stormwater Infiltration Practices/Technologies Have the Potential to be Regulated as Class V Wells by the UIC Program (pdf) (June 13, 2008)
  Clarifies stormwater infiltration practices regulated as UIC Class V wells. Memo includes a Class V well identification guide.
• Statement of Basis and Purpose of the UIC Program (pdf) (May 1980)
  This document summarizes the basis and purpose underlying the UIC regulations promulgated in 40 CFR Part 146.
• Financial Responsibility for Well Plugging and Abandonment (pdf) (March 1983)
  The purpose of this manual is to assist each well owner and operator in determining which financial responsibility best meets his or her needs.
• EPA Guidance Civil Penalties (pdf) (February 16, 1984)
  The document establishes a single set of goals for penalty assessment in EPA administrative and judicial enforcement actions.
• UIC Program Definition of Significant Noncompliance (pdf) (December 4, 1986)
  Clarifies the definition of significant non-compliance and identifies criteria for endangerment determinations.
• Ground Water Protection Policy Pertaining to UIC and Related Aspects of High Plains States Aquifer Recharge Demonstration Program (pdf) (January 26, 1989)
  Clarifies EPA's responsibilities in two general areas as they pertain to the High Plains States' Ground-Water Recharge Demonstration Program Act
• Addendum Clarification of Procedures for Determining Significant Non-Compliance (pdf) (February 16,1990)
  Clarifies that an MIT failure should be considered a SNC in the absence of information showing that a USDW could not be endangered.
• Statement of Fluid Movement (pdf) (September 15,1998)
  Provides a summary and restatement of all federal regulations that are relevant to fluid movement as they relate to Class I activities. No new guidance intended.
• Administrative Records Guidance (pdf) (September 2011)
  This document describes EPA’s practices for compiling administrative records for use in litigation challenging EPA decisions.
• UIC Administrative Order Issuance Guidance (pdf) (November, 1986)
  Administrative order guidance clarifying the relationship between PWSS and UIC inspections associated with issuing Administrative Orders.