40 CFR § 144.38 - Transfer of permits.

---
identifier: "/us/cfr/t40/s144.38"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 144.38 - Transfer of permits."
title_number: 40
title_name: "Protection of Environment"
section_number: "144.38"
section_name: "Transfer of permits."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "144"
part_name: "UNDERGROUND INJECTION CONTROL PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Safe Drinking Water Act, 42 U.S.C. 300f  Resource Conservation and Recovery Act, 42 U.S.C. 6901"
regulatory_source: "48 FR 14189, Apr. 1, 1983, unless otherwise noted."
cfr_part: "144"
---


# 144.38 Transfer of permits.

(a) *Transfers by modification.* Except as provided in paragraph (b) of this section, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under § 144.39(b)(2)), or a minor modification made (under § 144.41(d)), to identify the new permittee and incorporate such other requirements as may be necessary under the Safe Drinking Water Act.

(b) *Automatic transfers.* As an alternative to transfers under paragraph (a) of this section, any UIC permit for a well not injecting hazardous waste or injecting carbon dioxide for geologic sequestration may be automatically transferred to a new permittee if:

(1) The current permittee notifies the Director at least 30 days in advance of the proposed transfer date referred to in paragraph (b)(2) of this section;

(2) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer or permit responsibility, coverage, and liability between them, and the notice demonstrates that the financial responsibility requirements of § 144.52(a)(7) will be met by the new permittee; and

(3) The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. A modification under this paragraph may also be a minor modification under § 144.41. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph (b)(2) of this section.

[48 FR 14189, Apr. 1, 1983, as amended at 75 FR 77288, Dec. 10, 2010]