80 FR 18319 - State of Washington Underground Injection Control (UIC) Program Revision Approval

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 65 (April 6, 2015)

Page Range		18319-18323
FR Document		2015-07757

The U.S. Environmental Protection Agency (EPA) is taking direct final action to approve the State of Washington Underground Injection Control (UIC) Program revisions as required by rule under the Safe Drinking Water Act (SDWA). The Agency determined that the state's program revisions are consistent with the provisions of the SDWA and are as stringent as all applicable federal regulations to prevent underground injection activities that endanger underground sources of drinking water. The state revised its UIC Class V Program regulations and transferred oversight authority from the Department of Ecology to the Energy Facility Site Evaluation Council to issue UIC permits at energy facilities.

Federal Register, Volume 80 Issue 65 (Monday, April 6, 2015)

[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Rules and Regulations]
[Pages 18319-18323]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-07757]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2012-0186; FRL-9924-94-OW]

State of Washington Underground Injection Control (UIC) Program
Revision Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
direct final action to approve the State of Washington Underground
Injection Control (UIC) Program revisions as required by rule under the
Safe Drinking Water Act (SDWA). The Agency determined that the state's
program revisions are consistent with the

[[Page 18320]]

provisions of the SDWA and are as stringent as all applicable federal
regulations to prevent underground injection activities that endanger
underground sources of drinking water. The state revised its UIC Class
V Program regulations and transferred oversight authority from the
Department of Ecology to the Energy Facility Site Evaluation Council to
issue UIC permits at energy facilities.

DATES: This rule is effective on July 6, 2015 without further notice,
unless EPA receives adverse comment by May 6, 2015. If EPA receives
adverse comment, the Agency will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. For judicial purposes, EPA promulgates this final rule as of
July 6, 2015. The incorporation by reference of certain publications
listed in the rule is approved by the Director of the Federal Register
as of July 6, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2012-0186, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: OW-Docket@epa.gov.
Mail: State of Washington; Underground Injection Control
(UIC) Program Primacy, U.S. Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Hand Delivery: Water Docket, EPA Docket Center (EPA/DC)
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2012-
0186. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All supporting documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Water Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC;
and U.S. Environmental Protection Agency, Region 10, Library, 10th
Floor, 1200 Sixth Avenue, Seattle, Washington 98101. The Water Docket
Facility Public Reading Room in Washington, DC, is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Public Reading Room telephone number is (202) 566-1744 and the
telephone number of the Water Docket is (202) 566-2426. The Region 10
Library is open from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the library is (206) 553-1289.

FOR FURTHER INFORMATION CONTACT: Lisa McWhirter, Drinking Water
Protection Division, Office of Ground Water and Drinking Water (4606M),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: (202) 564-2317; fax number:
(202) 564-3754; email address: mcwhirter.lisa@epa.gov or Peter
Contreras, Ground Water Unit, U.S. Environmental Protection Agency,
Region 10, Suite 900 M/S OCE-082, 1200 Sixth Avenue, Seattle,
Washington 98101; telephone number (206) 553-6708; fax number: (202)
553-6984; email address: contreras.peter@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing a direct final rule?

EPA published this rule without a prior proposed rule because the
Agency views this action as noncontroversial and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of this Federal
Register, EPA published a separate document that serves as the proposed
rule if the Agency receives adverse comments on this direct final rule.
The Agency will not institute a second comment period on this action.
Any parties interested in commenting must do so at this time. For
further information about commenting on this rule, see the ADDRESSES
section of this document.
If EPA receives adverse comment, the Agency will publish a timely
withdrawal in the Federal Register, informing the public that this
direct final rule will not take effect. The Agency will then address
all public comments in any subsequent final rule based on the proposed
rule.

II. Does this action apply to me?

Regulated Entities
------------------------------------------------------------------------
North American
Examples of potentially Industry
Category regulated entities Classification
System
------------------------------------------------------------------------
State, Local, and Tribal State, local, and 924110
Governments. tribal governments
that own and operate
Class I, II, III, IV,
and V injection wells
located within the
state.
Industry....................... Private owners and 221310
operators of Class I,
II, III, IV, and V
injection wells
located within the
state.

[[Page 18321]]

Municipalities................. Municipal owners and 924110
operators of Class I,
II, III, IV, and V
injection wells
located within the
state.
------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. If you have questions
regarding the applicability of this action to a particular entity,
consult the persons listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

III. Legal Authorities

EPA approves the State of Washington Underground Injection Control
(UIC) Program revisions, as required by rule under the SDWA, to prevent
underground injection activities that endanger underground sources of
drinking water. The state revised its UIC Class V Program regulations
and transferred oversight authority from the Department of Ecology to
the Energy Facility Site Evaluation Council to issue UIC permits at
energy facilities. Accordingly, the Agency codifies the state
regulations in the Code of Federal Regulations at 40 CFR part 147 under
the authority of the SDWA, sections 1422 and 1450, 42 U.S.C. 300h-1 and
300j-9.
The Agency's approval is based on a legal and technical review of
the state's program revision application as directed at 40 CFR part 145
and the requirements for state permitting and compliance evaluation
programs, enforcement authority and information sharing at 40 CFR parts
124 and 144, to determine that the state's revisions are as stringent
as all applicable federal regulations. EPA oversees the state's
administration of the UIC program; part of the Agency's oversight
responsibility requires quarterly reports of non-compliance and annual
UIC performance reports pursuant to 40 CFR 144.8. The Memorandum of
Agreement between EPA and the state, signed by the Regional
Administrator on February 15, 2011, provides the Agency with the
opportunity to review and comment on all permits. EPA continues to
administer the UIC Class V Program on Indian lands located within the
state.

IV. Washington's Application

A. Public Participation Activities Conducted by EPA

On March 8, 2013, EPA published notice of Washington's Underground
Injection Control Program Revision application in the Federal Register
(78 FR 14951), the Seattle Times on March 6, 2013, and in the Yakima
Herald on March 7, 2013. The local notices provided for a public
hearing on April 8, 2013. No one attended the public hearing and no
public comments were received.

B. Incorporation by Reference

This direct final rule amends 40 CFR part 147 and incorporates by
reference EPA-approved state statutes and regulations. The provisions
of the State of Washington's Code that contain standards, requirements
and procedures applicable to owners or operators of UIC well classes I,
II, III, IV, and V are incorporated by reference into 40 CFR part 147.
Any provisions incorporated by reference, as well as all permit
conditions or permit denials issued pursuant to such provisions, are
enforceable by EPA pursuant to section 1423 of the SDWA and 40 CFR
147.1(e).
In order to better serve the public, the Agency reformatted the
codification of EPA-approved Washington SDWA section 1422 UIC Program
Statutes and Regulations for Well Classes I, II, III, IV, and V.
Instead of codifying the Washington Statutes and Regulations as
separate paragraphs, the Agency now codifies a binder that contains
EPA-approved Washington Statutes and Regulations for Well Classes I,
II, III, IV, and V. This binder is incorporated by reference into 40
CFR part 147 and available at http://www.regulations.gov in the docket
for this rule. The Agency also codifies a table listing EPA-approved
Washington Statutes and Regulations for Well Classes I, II, III, IV,
and V in 40 CFR part 147.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act

This action does not impose any new information collection burden.
EPA determined that there is no need for an Information Collection
Request under the Paperwork Reduction Act because this direct final
rule does not impose any new federal reporting or recordkeeping
requirements. Reporting or recordkeeping requirements are based on the
State of Washington UIC Regulations, and the state is not subject to
the Paperwork Reduction Act. However, OMB has previously approved the
information collection requirements contained in the existing
regulations (40 CFR parts 144-148) under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB
control number 2040-0042. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action does not impose any new
requirements on any regulated entities. It simply codifies the State of
Washington's Class V regulations, which are at least as stringent as
the federal regulations. We have therefore concluded that this action
will have no net regulatory

[[Page 18322]]

burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1521-1538. The action imposes no enforceable duty on any
state, local or tribal governments or the private sector.

E. Executive Order 13132--Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments

This action does not have tribal implications as specified in
Executive Order 13175 as explained in section V.C. Thus, Executive
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks

EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the Agency has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves a state action as explained
in section V.C.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations because the rule does not affect or change the
level of protection provided to human health or the environment.

K. Congressional Review Act (CRA)

This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 147

Environmental protection, Incorporation by reference, Indians-
lands, Intergovernmental relations, Reporting and recordkeeping
requirements, Water supply.

Dated: March 30, 2015.
Gina McCarthy,
Administrator.

For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:

PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS

0
1. The authority citation for part 147 continues to read as follows:

Authority: 42 U.S.C. 300h et seq.; and 42 U.S.C. 6901 et seq.

0
2. In Sec. 147.2400:
0
a. Revise the introductory text in paragraph (a).
0
b. Remove paragraphs (a)(1) through (4).
0
c. Revise paragraph (c)(1).
0
d. Add paragraph (c)(5).
The revisions and addition read as follows:

Sec. 147.2400 State-administered program--Class I, II, III, IV, and V
wells.

* * * * *
(a) Incorporation by reference. The requirements set forth in the
state statutes and regulations cited in the binder entitled ``EPA-
Approved Washington SDWA section 1422 Underground Injection Control
Program Statutes and Regulations for Well Classes I, II, III, IV, and
V,'' dated January 2014, and Table 1 to paragraph (a) of this section
are hereby incorporated by reference and made a part of the applicable
UIC program under the SDWA for the State of Washington. The Director of
the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the State
of Washington regulations that are incorporated by reference in
paragraph (a) of this section may be inspected at the U.S.
Environmental Protection Agency, Region 10, Library, 10th Floor, 1200
Sixth Avenue, Seattle, Washington 98101; Water Docket, EPA Docket
Center (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC 20460; and the National Archives and Records
Administration (NARA). If you wish to obtain materials from the EPA
Regional Office, please call (206) 553-1289; for materials from a
docket in the EPA Headquarters Library, please call the Water Docket at
(202) 566-2426. For information on the availability of this material at
NARA, call (202) 741-6030, or go to http://www.archives.gov/locations/.

Table 1 to Paragraph (a) EPA-Approved Washington SDWA Section 1422 Underground Injection Control Program
Statutes and Regulations for Well Classes I, II, III, IV, and V
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date \1\
----------------------------------------------------------------------------------------------------------------
Revised Code of Washington Water Pollution Control February 3, 2006.. 4/6/15 [Insert Federal Register
Sections 90.48.010--90.48.906. Citation]
Revised Code of Washington Departments authorized February 3, 2006.. [Insert the date of publication in
Section 43.21A.445. to participate in and the Federal Register] [Insert
administer federal Federal Register Citation]
Safe Drinking Water
Act--Agreements with
other departments.
Washington Administrative Code Underground Injection June 19, 2008..... 4/6/15 [Insert Federal Register
Sections 173-218-010--173-218- Control Program. Citation]
130.
Washington Administrative Code Oil and Gas June 29, 1988..... 4/6/15 [Insert Federal Register
Sections 344-12-001--344-12- Conservation Citation]
295. Committee, General
Rules.

[[Page 18323]]

Washington Administrative Code Minimum Standards for December 19, 2008. 4/6/15 [Insert Federal Register
Sections 173-160-010--173-160- Construction and Citation]
990. Maintenance of Wells.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register document cited in this column for the particular provision.

* * * * *
(c)(1) The Memorandum of Agreement between EPA Region X and the
Washington Department of Ecology, signed by the EPA Regional
Administrator on February 15, 2011.
* * * * *
(5) Memorandum of Agreement between the Washington Department of
Ecology and the Energy Facility Site Evaluation Council, Related to the
Underground Injection Control Program for the State of Washington,
signed March 19, 2009.
* * * * *
[FR Doc. 2015-07757 Filed 4-3-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations 18319

Archives and Records Administration 6030, or go to: http://www.archives.gov/
(NARA). For information on availability locations/.
of this material at NARA, call (202) 741–

TABLE 1 TO PARAGRAPH (a) EPA-APPROVED TENNESSEE SDWA SECTION 1422 UNDERGROUND INJECTION CONTROL
PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, II, III, IV, AND V
State citation Title/subject State effective date EPA approval date 1

Tennessee Code Annotated, Title 4, Uniform Administrative Procedures August 5, 2011 ................................. 4/6/15 [Insert Federal
Chapter 5. Act. Register Citation].
Tennessee Code Annotated, Title Subsurface Sewage Disposal Sys- August 5, 2011 ................................. 4/6/15 [Insert Federal
68, Chapter 221, Part 4. tems. Register Citation].
Tennessee Code Annotated, Title Tennessee Safe Drinking Water Act July 9, 2012 ...................................... 4/6/15 [Insert Federal
68, Chapter 221, Part 7. of 1983. Register Citation].
Tennessee Code Annotated, Title Hazardous Waste Management Act July 9, 2012 ...................................... 4/6/15 [Insert Federal
68, Chapter 212, Section 101 et of 1977. Register Citation].
seq.
Tennessee Code Annotated, Title Hazardous Waste Management Act July 9, 2012 ...................................... 4/6/15 [Insert Federal
68, Chapter 212, Section 201 et of 1983. Register Citation].
seq.
Tennessee Code Annotated, Title Tennessee Environmental Protec- May 10, 2012 ................................... 4/6/15 [Insert Federal
68, Chapter 203. tion Fund. Register Citation].
Tennessee Code Annotated, Title Tennessee Solid Waste Disposal June 25, 2009 .................................. 4/6/15 [Insert Federal
68, Chapter 211, Part 1. Act. Register Citation].
Tennessee Code Annotated, Title Tennessee Petroleum Underground June 29, 2009 .................................. 4/6/15 [Insert Federal
68, Chapter 215, Part 1. Storage Tank Act. Register Citation].
Tennessee Code Annotated, Title Water Quality Control Act ................ October 1, 2012 ............................... 4/6/15 [Insert Federal
69, Chapter 3, Part 1. Register Citation].
Official Compilation Rules & Regula- Underground Injection Control ......... December 11, 2012 ......................... 4/6/15 [Insert Federal
tions of the State of Tennessee Register Citation].
Chapter 0400–45–06.
Official Compilation Rules & Regula- Public Water Systems ...................... December 11, 2012 ......................... 4/6/15 [Insert Federal
tions of the State of Tennessee Register Citation].
Chapter 0400–45–01.
Compilation Rules & Regulations of Regulations to Govern Subsurface November 24, 2009 ......................... 4/6/15 [Insert Federal
the State of Tennessee Chapter Sewage Disposal Systems. Register Citation].
1200–1–6.
Official Compilation Rules & Regula- Hazardous Waste Management ...... September 20, 2012 ........................ 4/6/15 [Insert Federal
tions of the State of Tennessee Register Citation].
Chapter 0400–12–01–.02(1)(c).
Official Compilation Rules & Regula- Standards For Protection Against May 22, 2012 ................................... 4/6/15 [Insert Federal
tions of the State of Tennessee Radiation. Register Citation].
Chapter 0400–20–05–.161.
1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register document cited in this
column for the particular provision.

(b) Memorandum of Agreement ■ 3. In § 147.2151, revise the section ENVIRONMENTAL PROTECTION
(MOA). The MOA between EPA Region heading and the first sentence in AGENCY
4 and the Tennessee Department of paragraph (a) to read as follows:
Environment and Conservation signed 40 CFR Part 147
§ 147.2151 EPA-administered program
by EPA Regional Administrator on
Class VI and Indian lands. [EPA–HQ–OW–2012–0186; FRL–9924–94–
October 20, 2004.
OW]
(c) Statements of legal authority. (a) Contents. The UIC program for
‘‘Underground Injection Control Class VI wells and all wells on Indian State of Washington Underground
Program, Attorney General’s lands in the State of Tennessee is Injection Control (UIC) Program
Statement,’’ signed by Attorney General administered by EPA. *** Revision Approval
of Tennessee on July 26, 2005 and * * * * *
AGENCY: Environmental Protection
‘‘Updating the Attorney General’s Agency (EPA).
§§ 147.2154 and 147.2155 [Removed]
Statement on UIC Program Authority,’’
ACTION: Direct final rule.
signed by General Counsel of the ■ 4. Remove §§ 147.2154 and 147.2155.
Tennessee Department of Environment [FR Doc. 2015–07746 Filed 4–3–15; 8:45 am] SUMMARY: The U.S. Environmental
and Conservation on November 10, Protection Agency (EPA) is taking direct
BILLING CODE 6560–50–P
Rmajette on DSK2VPTVN1PROD with RULES

2011. final action to approve the State of
(d) Program description. The Program Washington Underground Injection
Description submitted as part of Control (UIC) Program revisions as
Tennessee’s application, and any other required by rule under the Safe Drinking
materials submitted as part of this Water Act (SDWA). The Agency
application or as a supplement thereto. determined that the state’s program
revisions are consistent with the

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18320 Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations

provisions of the SDWA and are as Information (CBI) or other information Monday through Friday, excluding legal
stringent as all applicable federal whose disclosure is restricted by statute. holidays. The Public Reading Room
regulations to prevent underground Do not submit information that you telephone number is (202) 566–1744
injection activities that endanger consider to be CBI or otherwise and the telephone number of the Water
underground sources of drinking water. protected through http:// Docket is (202) 566–2426. The Region
The state revised its UIC Class V www.regulations.gov or email. The 10 Library is open from 9:00 a.m. to
Program regulations and transferred http://www.regulations.gov Web site is 12:00 p.m. and 1:00 p.m. to 4:00 p.m.,
oversight authority from the Department an ‘‘anonymous access’’ system, which Monday through Friday, excluding legal
of Ecology to the Energy Facility Site means EPA will not know your identity holidays. The telephone number for the
Evaluation Council to issue UIC permits or contact information unless you library is (206) 553–1289.
at energy facilities. provide it in the body of your comment. FOR FURTHER INFORMATION CONTACT: Lisa
DATES: This rule is effective on July 6, If you send an email comment directly McWhirter, Drinking Water Protection
2015 without further notice, unless EPA to EPA without going through http:// Division, Office of Ground Water and
receives adverse comment by May 6, www.regulations.gov, your email Drinking Water (4606M), U.S.
2015. If EPA receives adverse comment, address will be automatically captured Environmental Protection Agency, 1200
the Agency will publish a timely and included as part of the comment Pennsylvania Ave. NW., Washington,
withdrawal in the Federal Register that is placed in the public docket and DC 20460; telephone number: (202)
informing the public that the rule will made available on the Internet. If you 564–2317; fax number: (202) 564–3754;
not take effect. For judicial purposes, submit an electronic comment, EPA email address: mcwhirter.lisa@epa.gov
EPA promulgates this final rule as of recommends that you include your or Peter Contreras, Ground Water Unit,
July 6, 2015. The incorporation by name and other contact information in U.S. Environmental Protection Agency,
reference of certain publications listed the body of your comment and with any Region 10, Suite 900 M/S OCE–082,
in the rule is approved by the Director disk or CD–ROM you submit. If EPA 1200 Sixth Avenue, Seattle, Washington
of the Federal Register as of July 6, 2015. cannot read your comment due to 98101; telephone number (206) 553–
ADDRESSES: Submit your comments, technical difficulties and cannot contact 6708; fax number: (202) 553–6984;
identified by Docket ID No. EPA–HQ– you for clarification, EPA may not be email address: contreras.peter@epa.gov.
OW–2012–0186, by one of the following able to consider your comment.
SUPPLEMENTARY INFORMATION:
methods: Electronic files should avoid the use of
• http://www.regulations.gov: Follow special characters, any form of I. Why is EPA issuing a direct final
the on-line instructions for submitting encryption, and be free of any defects or rule?
comments. viruses. For additional information
EPA published this rule without a
• Email: OW-Docket@epa.gov. about EPA’s public docket visit the EPA
prior proposed rule because the Agency
• Mail: State of Washington; Docket Center homepage at http://
views this action as noncontroversial
Underground Injection Control (UIC) www.epa.gov/epahome/dockets.htm.
and anticipates no adverse comment.
Program Primacy, U.S. Environmental Docket: All supporting documents in However, in the ‘‘Proposed Rules’’
Protection Agency, Mail Code: 2822T, the docket are listed in the http:// section of this Federal Register, EPA
1200 Pennsylvania Ave. NW., www.regulations.gov index. Although published a separate document that
Washington, DC 20460. listed in the index, some information is serves as the proposed rule if the
• Hand Delivery: Water Docket, EPA not publicly available, e.g., CBI or other Agency receives adverse comments on
Docket Center (EPA/DC) EPA West, information whose disclosure is this direct final rule. The Agency will
Room 3334, 1301 Constitution Ave. restricted by statute. Certain other not institute a second comment period
NW., Washington, DC. Such deliveries material, such as copyrighted material, on this action. Any parties interested in
are only accepted during the Docket’s will be publicly available only in hard commenting must do so at this time. For
normal hours of operation, and special copy. Publicly available docket further information about commenting
arrangements should be made for materials are available either on this rule, see the ADDRESSES section
deliveries of boxed information. electronically in http:// of this document.
Instructions: Direct your comments to www.regulations.gov or in hard copy at
If EPA receives adverse comment, the
Docket ID No. EPA–HQ–OW–2012– the Water Docket, EPA/DC, EPA West,
Agency will publish a timely
0186. EPA’s policy is that all comments Room 3334, 1301 Constitution Ave.
withdrawal in the Federal Register,
received will be included in the public NW., Washington, DC; and U.S.
informing the public that this direct
docket without change and may be Environmental Protection Agency,
final rule will not take effect. The
made available online at http:// Region 10, Library, 10th Floor, 1200
Agency will then address all public
www.regulations.gov, including any Sixth Avenue, Seattle, Washington
comments in any subsequent final rule
personal information provided, unless 98101. The Water Docket Facility Public
based on the proposed rule.
the comment includes information Reading Room in Washington, DC, is
claimed to be Confidential Business open from 8:30 a.m. to 4:30 p.m., II. Does this action apply to me?

REGULATED ENTITIES
North
American
Category Examples of potentially regulated entities Industry
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Classification
System

State, Local, and Tribal Governments ......................... State, local, and tribal governments that own and operate Class I, II, 924110
III, IV, and V injection wells located within the state.
Industry ......................................................................... Private owners and operators of Class I, II, III, IV, and V injection wells 221310
located within the state.

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Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations 18321

REGULATED ENTITIES—Continued
North
American
Category Examples of potentially regulated entities Industry
Classification
System

Municipalities ................................................................ Municipal owners and operators of Class I, II, III, IV, and V injection 924110
wells located within the state.

This table is not intended to be IV. Washington’s Application V. Statutory and Executive Order
exhaustive, but rather provides a guide Reviews
for readers regarding entities likely to be A. Public Participation Activities
Conducted by EPA A. Executive Order 12866: Regulatory
regulated by this action. This table lists
Planning and Review and Executive
the types of entities that EPA is now On March 8, 2013, EPA published Order 13563: Improving Regulation and
aware could potentially be regulated by notice of Washington’s Underground Regulatory Review
this action. Other types of entities not Injection Control Program Revision
listed in the table could also be This action is not a significant
application in the Federal Register (78 regulatory action and was therefore not
regulated. If you have questions
FR 14951), the Seattle Times on March submitted to the Office of Management
regarding the applicability of this action
6, 2013, and in the Yakima Herald on and Budget (OMB) for review.
to a particular entity, consult the
persons listed in the preceding FOR March 7, 2013. The local notices
provided for a public hearing on April B. Paperwork Reduction Act
FURTHER INFORMATION CONTACT section.
8, 2013. No one attended the public This action does not impose any new
III. Legal Authorities hearing and no public comments were information collection burden. EPA
received. determined that there is no need for an
EPA approves the State of Washington
Information Collection Request under
Underground Injection Control (UIC) B. Incorporation by Reference the Paperwork Reduction Act because
Program revisions, as required by rule
this direct final rule does not impose
under the SDWA, to prevent This direct final rule amends 40 CFR any new federal reporting or
underground injection activities that part 147 and incorporates by reference recordkeeping requirements. Reporting
endanger underground sources of EPA-approved state statutes and or recordkeeping requirements are based
drinking water. The state revised its UIC regulations. The provisions of the State on the State of Washington UIC
Class V Program regulations and of Washington’s Code that contain Regulations, and the state is not subject
transferred oversight authority from the standards, requirements and procedures to the Paperwork Reduction Act.
Department of Ecology to the Energy applicable to owners or operators of UIC However, OMB has previously approved
Facility Site Evaluation Council to issue well classes I, II, III, IV, and V are the information collection requirements
UIC permits at energy facilities. incorporated by reference into 40 CFR contained in the existing regulations (40
Accordingly, the Agency codifies the part 147. Any provisions incorporated CFR parts 144–148) under the
state regulations in the Code of Federal provisions of the Paperwork Reduction
by reference, as well as all permit
Regulations at 40 CFR part 147 under Act, 44 U.S.C. 3501 et seq. and assigned
conditions or permit denials issued
the authority of the SDWA, sections OMB control number 2040–0042. The
pursuant to such provisions, are
1422 and 1450, 42 U.S.C. 300h–1 and OMB control numbers for EPA’s
300j–9. enforceable by EPA pursuant to section
1423 of the SDWA and 40 CFR 147.1(e). regulations in 40 CFR are listed in 40
The Agency’s approval is based on a CFR part 9.
legal and technical review of the state’s In order to better serve the public, the
program revision application as directed Agency reformatted the codification of C. Regulatory Flexibility Act (RFA)
at 40 CFR part 145 and the requirements EPA-approved Washington SDWA I certify that this action will not have
for state permitting and compliance section 1422 UIC Program Statutes and a significant economic impact on a
evaluation programs, enforcement Regulations for Well Classes I, II, III, IV, substantial number of small entities
authority and information sharing at 40 and V. Instead of codifying the under the RFA. In making this
CFR parts 124 and 144, to determine Washington Statutes and Regulations as determination, the impact of concern is
that the state’s revisions are as stringent separate paragraphs, the Agency now any significant adverse economic
as all applicable federal regulations. codifies a binder that contains EPA- impact on small entities. An agency may
EPA oversees the state’s administration approved Washington Statutes and certify that a rule will not have a
of the UIC program; part of the Agency’s Regulations for Well Classes I, II, III, IV, significant economic impact on a
oversight responsibility requires and V. This binder is incorporated by substantial number of small entities if
quarterly reports of non-compliance and reference into 40 CFR part 147 and the rule relieves regulatory burden, has
annual UIC performance reports available at http://www.regulations.gov no net burden or otherwise has a
pursuant to 40 CFR 144.8. The in the docket for this rule. The Agency positive economic effect on the small
Memorandum of Agreement between entities subject to the rule. This action
also codifies a table listing EPA-
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EPA and the state, signed by the does not impose any new requirements
approved Washington Statutes and
Regional Administrator on February 15, on any regulated entities. It simply
Regulations for Well Classes I, II, III, IV,
2011, provides the Agency with the codifies the State of Washington’s Class
opportunity to review and comment on and V in 40 CFR part 147. V regulations, which are at least as
all permits. EPA continues to administer stringent as the federal regulations. We
the UIC Class V Program on Indian have therefore concluded that this
lands located within the state. action will have no net regulatory

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18322 Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations

burden for all directly regulated small significant regulatory action under ■ 2. In § 147.2400:
entities. Executive Order 12866. ■ a. Revise the introductory text in
D. Unfunded Mandates Reform Act I. National Technology Transfer and paragraph (a).
(UMRA) Advancement Act (NTTAA) ■ b. Remove paragraphs (a)(1) through
This action does not contain an This rulemaking does not involve (4).
unfunded mandate as described in technical standards. ■ c. Revise paragraph (c)(1).
UMRA, 2 U.S.C. 1521–1538. The action ■ d. Add paragraph (c)(5).
imposes no enforceable duty on any J. Executive Order 12898: Federal
Actions To Address Environmental The revisions and addition read as
state, local or tribal governments or the follows:
private sector. Justice in Minority Populations and
Low-Income Populations § 147.2400 State-administered program—
E. Executive Order 13132—Federalism EPA believes the human health or Class I, II, III, IV, and V wells.
This action does not have federalism environmental risk addressed by this * * * * *
implications. It will not have substantial action will not have potential (a) Incorporation by reference. The
direct effects on the states, on the disproportionately high and adverse requirements set forth in the state
relationship between the national human health or environmental effects statutes and regulations cited in the
government and the states, or on the on minority, low-income or indigenous binder entitled ‘‘EPA-Approved
distribution of power and populations because the rule does not Washington SDWA section 1422
responsibilities among the various affect or change the level of protection Underground Injection Control Program
levels of government. provided to human health or the Statutes and Regulations for Well
F. Executive Order 13175—Consultation environment. Classes I, II, III, IV, and V,’’ dated
and Coordination With Indian Tribal K. Congressional Review Act (CRA) January 2014, and Table 1 to paragraph
Governments (a) of this section are hereby
This action is subject to the CRA, and incorporated by reference and made a
This action does not have tribal EPA will submit a rule report to each
implications as specified in Executive part of the applicable UIC program
House of the Congress and to the under the SDWA for the State of
Order 13175 as explained in section Comptroller General of the United
V.C. Thus, Executive Order 13175 does Washington. The Director of the Federal
States. This action is not a ‘‘major rule’’ Register approves this incorporation by
not apply to this action. as defined by 5 U.S.C. 804(2). reference in accordance with 5 U.S.C.
G. Executive Order 13045: Protection of List of Subjects in 40 CFR Part 147 552(a) and 1 CFR part 51. Copies of the
Children From Environmental Health & State of Washington regulations that are
Environmental protection,
Safety Risks incorporated by reference in paragraph
Incorporation by reference, Indians-
EPA interprets Executive Order 13045 lands, Intergovernmental relations, (a) of this section may be inspected at
as applying only to those regulatory Reporting and recordkeeping the U.S. Environmental Protection
actions that concern environmental requirements, Water supply. Agency, Region 10, Library, 10th Floor,
health or safety risks that the Agency 1200 Sixth Avenue, Seattle, Washington
Dated: March 30, 2015. 98101; Water Docket, EPA Docket
has reason to believe may
disproportionately affect children, per Gina McCarthy, Center (EPA/DC) EPA West, Room 3334,
the definition of ‘‘covered regulatory Administrator. 1301 Constitution Ave. NW.,
action’’ in section 2–202 of the For the reasons set out in the Washington, DC 20460; and the
Executive Order. This action is not preamble, title 40 of the Code of Federal National Archives and Records
subject to Executive Order 13045 Regulations is amended as follows: Administration (NARA). If you wish to
because it approves a state action as obtain materials from the EPA Regional
explained in section V.C. PART 147—STATE, TRIBAL, AND Office, please call (206) 553–1289; for
EPA–ADMINISTERED UNDERGROUND materials from a docket in the EPA
H. Executive Order 13211: Actions INJECTION CONTROL PROGRAMS Headquarters Library, please call the
Concerning Regulations That Water Docket at (202) 566–2426. For
Significantly Affect Energy Supply, ■ 1. The authority citation for part 147 information on the availability of this
Distribution, or Use continues to read as follows: material at NARA, call (202) 741–6030,
This action is not subject to Executive Authority: 42 U.S.C. 300h et seq.; and 42 or go to http://www.archives.gov/
Order 13211 because it is not a U.S.C. 6901 et seq. locations/.

TABLE 1 TO PARAGRAPH (a) EPA-APPROVED WASHINGTON SDWA SECTION 1422 UNDERGROUND INJECTION CONTROL
PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, II, III, IV, AND V
State citation Title/subject State effective date EPA approval date 1

Revised Code of Washington Sections Water Pollution Control ......................... February 3, 2006 ...................... 4/6/15 [Insert Federal
90.48.010—90.48.906. Register Citation]
Revised Code of Washington Section Departments authorized to participate February 3, 2006 ...................... [Insert the date of publica-
43.21A.445. in and administer federal Safe Drink- tion in the Federal Reg-
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ing Water Act—Agreements with ister] [Insert Federal
other departments. Register Citation]
Washington Administrative Code Sec- Underground Injection Control Program June 19, 2008 .......................... 4/6/15 [Insert Federal
tions 173–218–010—173–218–130. Register Citation]
Washington Administrative Code Sec- Oil and Gas Conservation Committee, June 29, 1988 .......................... 4/6/15 [Insert Federal
tions 344–12–001—344–12–295. General Rules. Register Citation]

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$Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations 18323 TABLE 1 TO PARAGRAPH (a) EPA-APPROVED WASHINGTON SDWA SECTION 1422 UNDERGROUND INJECTION CONTROL PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, II, III, IV, AND V—Continued State citation Title/subject State effective date EPA approval date 1 Washington Administrative Code Sec- Minimum Standards for Construction December 19, 2008 .................. 4/6/15 [Insert Federal tions 173–160–010—173–160–990. and Maintenance of Wells. Register Citation] 1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register document cited in this column for the particular provision. * * * * * DEPARTMENT OF DEFENSE Telephone 571–372–6088; facsimile (c)(1) The Memorandum of Agreement 571–372–6094. Defense Acquisition Regulations SUPPLEMENTARY INFORMATION: This final between EPA Region X and the System rule amends the DFARS at 216.401–70 Washington Department of Ecology, signed by the EPA Regional to delete the reference to PGI 216.401– Administrator on February 15, 2011. [Docket Number DARS–2015–0017] 70, which has been removed. * * * * * 48 CFR Part 216 List of Subjects in 48 CFR Part 216 (5) Memorandum of Agreement Government procurement. between the Washington Department of Defense Federal Acquisition Regulation Supplement; Technical Manuel Quinones, Ecology and the Energy Facility Site Amendment Editor, Defense Acquisition Regulations Evaluation Council, Related to the System. Underground Injection Control Program AGENCY: Defense Acquisition for the State of Washington, signed Regulations System, Department of Therefore, 48 CFR part 216 is March 19, 2009. Defense (DoD). amended as follows: * * * * * ACTION: Final rule. PART 216—TYPES OF CONTRACTS [FR Doc. 2015–07757 Filed 4–3–15; 8:45 am] BILLING CODE 6560–50–P SUMMARY: DoD is making technical ■ 1. The authority citation for 48 CFR amendments to the Defense Federal part 216 continues to read as follows: Acquisition Regulation Supplement Authority: 41 U.S.C. 1303 and 48 CFR (DFARS) to provide needed editorial chapter 1. changes. 216.401–70 [Amended] DATES: Effective April 6, 2015. FOR FURTHER INFORMATION CONTACT: Mr. ■ 2. Amend section 216.401–70 by Manuel Quinones, Defense Acquisition removing ‘‘In order to comply with this Regulations System, statutory requirement, follow the OUSD(AT&L)DPAP(DARS), Room procedures at PGI 216.401–70.’’ 3B941, 3060 Defense Pentagon, [FR Doc. 2015–07834 Filed 4–3–15; 8:45 am] Washington, DC 20301–3060. BILLING CODE 5001–06–P Rmajette on DSK2VPTVN1PROD with RULES VerDate Sep<11>2014 15:01 Apr 03, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4700 Sfmt 9990 E:\FR\FM\06APR1.SGM 06APR1$

Document Created: 2015-12-18 11:18:05
Document Modified: 2015-12-18 11:18:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective on July 6, 2015 without further notice, unless EPA receives adverse comment by May 6, 2015. If EPA receives adverse comment, the Agency will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. For judicial purposes, EPA promulgates this final rule as of July 6, 2015. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of July 6, 2015.
Contact		Lisa McWhirter, Drinking Water Protection Division, Office of Ground Water and Drinking Water (4606M), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2317; fax number:
FR Citation		80 FR 18319
CFR Associated		Environmental Protection; Incorporation by Reference; Indians-Lands; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Water Supply