40 CFR § 146.9 - Criteria for establishing permitting priorities.

---
identifier: "/us/cfr/t40/s146.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 146.9 - Criteria for establishing permitting priorities."
title_number: 40
title_name: "Protection of Environment"
section_number: "146.9"
section_name: "Criteria for establishing permitting priorities."
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"
---


# 146.9 Criteria for establishing permitting priorities.

In determining priorities for setting times for owners or operators to submit applications for authorization to inject under the procedures of § 144.31 (a), (c), (g) or § 144.22(f), the Director shall base these priorities upon consideration of the following factors:

(a) Injection wells known or suspected to be contaminating underground sources of drinking water;

(b) Injection wells known to be injecting fluids containing hazardous contaminants;

(c) Likelihood of contamination of underground sources of drinking water;

(d) Potentially affected population;

(e) Injection wells violating existing State requirements;

(f) Coordination with the issuance of permits required by other State or Federal permit programs;

(g) Age and depth of the injection well; and

(h) Expiration dates of existing State permits, if any.

(Clean Water Act, Safe Drinking Water Act, Clean Air Act, Resource Conservation and Recovery Act: 42 U.S.C. 6905, 6912, 6925, 6927, 6974)

[45 FR 42500, June 24, 1980, as amended at 48 FR 14293, Apr. 1, 1983]