40 C.F.R. § 147.250

State-administered program—Class II wells

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The UIC program for Class II wells in the State of California, except those on Indian lands, is the program administered by the California Division of Oil and Gas, approved by EPA pursuant to SDWA section 1425.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of California. This incorporation by reference was approved by the Director of the Federal Register on June 25, 1984.

(1) California Laws for Conservation of Petroleum and Gas, California Public Resources Code Div. 3, Chapt. 1, §§ 3000-3359 (1989);

(2) California Administrative Code, title 14, §§ 1710 to 1724.10 (May 28, 1988).

(b) The Memorandum of Agreement between EPA Region IX and the California Division of Oil and Gas, signed by the EPA Regional Administrator on September 29, 1982.

(c) Statement of legal authority. (1) Letter from California Deputy Attorney General to the Administrator of EPA, “Re: Legal Authority of California Division of Oil and Gas to Carry Out Class II Injection Well Program,” April 1, 1981;

(2) Letter from California Deputy Attorney General to Chief of California Branch, EPA Region IX, “Re: California Application for Primacy, Class II UIC Program,” December 3, 1982.

(d) The Program Description and any other materials submitted as part of the application or as supplements thereto.

[49 FR 20197, May 11, 1984, as amended at 52 FR 17681, May 11, 1987; 56 FR 9412, Mar. 6, 1991]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2017–2024 · leading case: Comm. to Protect our Agric. Water v. Occidental Oil & Gas Corp., 235 F. Supp. 3d 1132 (E.D. Cal. 2017).

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Comm. to Protect our Agric. Water v. Occidental Oil & Gas Corp., 235 F. Supp. 3d 1132 (E.D. Cal. 2017). “16 at 25); see also 40 C.F.R. § 147.250 . Pursuant to California’s program, companies must obtain permits when they seek to use water disposal injection wells, known as Class II wells, to stimulate oil production.”

Ctr. for Biological Diversity v. Dep't of Conservation, 236 Cal. Rptr. 3d 729 (Cal. Ct. App. 5th 2018). “" ( 40 C.F.R. § 147.250 .) Intervenors contend that only the state statutes and regulations set forth in paragraph (a) are part of the state's underground injection program, because that paragraph states they are incorporated and "made a part of the applicable UIC program.”

Ctr. for Biological Diversity v. Dept. of Conservation (Cal. Ct. App. 2018). “” ( 40 C.F.R. § 147.250 .) Intervenors contend that only the state statutes and regulations set forth in paragraph (a) are part of the state’s underground injection program, because that paragraph states they are incorporated and “made a part of the applicable UIC program.”

TRC Operating Co. v. Shabazian (Cal. Ct. App. 2024). “; 40 C.F.R. § 147.250 ). In response to a 2011 EPA audit finding CalGEM deficient in protecting the state’s drinking water, CalGEM recently promulgated and adopted new regulations.”

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