---
kind: "section"
citation: "40 C.F.R. § 144.16"
title: "40"
number: "144.16"
heading: "Waiver of requirement by Director."
url: "https://uscodex.org/cfr/40/144.16"
---

# §144.16. Waiver of requirement by Director.

- (a) **When injection does not occur into, through or above an underground source of drinking water,—** the Director may authorize a well or project with less stringent requirements for area of review, construction, mechanical integrity, operation, monitoring, and reporting than required in [40 CFR part 146](/cfr/40/part146.md) or [§ 144.52](/cfr/40/144.52.md) to the extent that the reduction in requirements will not result in an increased risk of movement of fluids into an underground source of drinking water.
- (b) When injection occurs through or above an underground source of drinking water, but the radius of endangering influence when computed under [§ 146.06(a)](/cfr/40/146.06.md?p=a) is smaller or equal to the radius of the well, the Director may authorize a well or project with less stringent requirements for operation, monitoring, and reporting than required in [40 CFR part 146](/cfr/40/part146.md) or [§ 144.52](/cfr/40/144.52.md) to the extent that the reduction in requirements will not result in an increased risk of movement of fluids into an underground source of drinking water.
- (c) When reducing requirements under paragraph [(a)](#a) or [(b)](#b) of this section, the Director shall prepare a fact sheet under [§ 124.8](/cfr/40/124.8.md) explaining the reasons for the action.

## Notes

### Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.

### Source

Source: 48 FR 14189, Apr. 1, 1983, unless otherwise noted.