---
kind: "section"
citation: "40 C.F.R. § 144.38"
title: "40"
number: "144.38"
heading: "Transfer of permits."
url: "https://uscodex.org/cfr/40/144.38"
---

# §144.38. Transfer of permits.

- (a) **Transfers by modification.** Except as provided in [paragraph (b)](#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)](/cfr/40/144.39.md?p=b-2)), or a minor modification made (under [§ 144.41(d)](/cfr/40/144.41.md?p=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)](#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)](#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)](/cfr/40/144.52.md?p=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](/cfr/40/144.41.md). If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in [paragraph (b)(2)](#b-2) of this section.

## Notes

### Amendments

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

### 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.

### Amendments

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