40 CFR § 146.61 - Applicability.
---
identifier: "/us/cfr/t40/s146.61"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 146.61 - Applicability."
title_number: 40
title_name: "Protection of Environment"
section_number: "146.61"
section_name: "Applicability."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "146"
part_name: "UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS"
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: "45 FR 42500, June 24, 1980, unless otherwise noted."
cfr_part: "146"
---
# 146.61 Applicability.
(a) This subpart establishes criteria and standards for underground injection control programs to regulate Class I hazardous waste injection wells. Unless otherwise noted this subpart supplements the requirements of subpart A and applies instead of subpart B to Class I hazardous waste injection wells.
(b) *Definitions.*
*Cone of influence* means that area around the well within which increased injection zone pressures caused by injection into the hazardous waste injection well would be sufficient to drive fluids into an underground source of drinking water (USDW).
*Existing well* means a Class I well which was authorized prior to August 25, 1988, by an approved State program, or an EPA-administered program or a well which has become a Class I well as a result of a change in the definition of the injected waste which would render the waste hazardous under § 261.3 of this part.
*Injection interval* means that part of the injection zone in which the well is screened, or in which the waste is otherwise directly emplaced.
*New well* means any Class I hazardous waste injection well which is not an existing well.
*Transmissive fault or fracture* is a fault or fracture that has sufficient permeability and vertical extent to allow fluids to move between formations.