81 FR 75006 - Commonwealth of Kentucky Underground Injection Control (UIC) Class II Program; Primacy Approval

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 209 (October 28, 2016)

Page Range		75006-75006
FR Document		2016-25929

The U.S. Environmental Protection Agency (EPA) proposes to approve the Commonwealth of Kentucky Underground Injection Control (UIC) Class II Program for primacy. The EPA determined that the state's program is consistent with the provisions of the Safe Drinking Water Act (SDWA) at section 1425 to prevent underground injection activities that endanger underground sources of drinking water. The agency's approval allows the state to implement and enforce state regulations for UIC Class II injection wells only located within the state. The Commonwealth's authority excludes the regulation of injection well Classes I, III, IV, V and VI and all wells on Indian lands, as required by rule under the SDWA. The agency requests public comment on this proposed rule and supporting documentation. In the ``Rules and Regulations'' section of this Federal Register, the agency published EPA's approval of the state's program as a direct final rule without a prior proposed rule. If the agency receives no adverse comment, EPA will not take further action on this proposed rule.

Federal Register, Volume 81 Issue 209 (Friday, October 28, 2016)

[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Proposed Rules]
[Page 75006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25929]



[[Page 75006]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2015-0372; FRL 9953-36-OW]


Commonwealth of Kentucky Underground Injection Control (UIC) 
Class II Program; Primacy Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) proposes to 
approve the Commonwealth of Kentucky Underground Injection Control 
(UIC) Class II Program for primacy. The EPA determined that the state's 
program is consistent with the provisions of the Safe Drinking Water 
Act (SDWA) at section 1425 to prevent underground injection activities 
that endanger underground sources of drinking water. The agency's 
approval allows the state to implement and enforce state regulations 
for UIC Class II injection wells only located within the state. The 
Commonwealth's authority excludes the regulation of injection well 
Classes I, III, IV, V and VI and all wells on Indian lands, as required 
by rule under the SDWA. The agency requests public comment on this 
proposed rule and supporting documentation. In the ``Rules and 
Regulations'' section of this Federal Register, the agency published 
EPA's approval of the state's program as a direct final rule without a 
prior proposed rule. If the agency receives no adverse comment, EPA 
will not take further action on this proposed rule.

DATES: Written comments must be received by November 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2015-0372, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Holly S. Green, 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) 566-0651; fax number: 
(202) 564-3754; email address: [email protected]; or Nancy H. Marsh, 
Safe Drinking Water Branch, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303; telephone 
number (404) 562-9450; fax number: (404) 562-9439; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Why is EPA issuing this proposed rule?

    The EPA proposes to approve the Commonwealth of Kentucky's UIC 
Program primacy application for Class II injection wells located within 
the state (except all wells on Indian lands), as required by rule under 
the SDWA. The proposed rule grants Kentucky primary enforcement 
authority to prevent Class II (oil and gas-related) underground 
injection activities that endanger underground sources of drinking 
water. Accordingly, the agency proposes to codify the state's program 
in the Code of Federal Regulations (CFR) at 40 CFR part 147. EPA will 
continue to administer the UIC Program for injection well Classes I, 
III, IV, V and VI and wells on Indian lands, if any such lands exist in 
the state in the future. The agency has published a direct final rule 
in the ``Rules and Regulations'' section of today's Federal Register, 
approving the state's program because EPA views this approval as 
noncontroversial and anticipates no adverse comment. The agency 
provided reasons for the approval and additional supplementary 
information in the preamble to the direct final rule. If EPA receives 
no adverse comment, the agency will not take further action on this 
proposed rule. If EPA receives adverse comment, the agency will 
withdraw the direct final rule and it will not take effect. The agency 
would then address all public comments in any subsequent final rule 
based on this proposed rule. The agency does not intend to institute a 
second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information, please 
contact the persons listed in the FOR FURTHER INFORMATION CONTACT 
section.

    Dated: October 19, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-25929 Filed 10-27-16; 8:45 am]
 BILLING CODE 6560-50-P

75006 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules

ENVIRONMENTAL PROTECTION other file sharing system). For information, please contact the persons
AGENCY additional submission methods, the full listed in the FOR FURTHER INFORMATION
EPA public comment policy, CONTACT section.
40 CFR Part 147 information about CBI or multimedia Dated: October 19, 2016.
[EPA–HQ–OW–2015–0372; FRL 9953–36– submissions, and general guidance on Gina McCarthy,
OW] making effective comments, please visit
Administrator.
http://www2.epa.gov/dockets/
[FR Doc. 2016–25929 Filed 10–27–16; 8:45 am]
Commonwealth of Kentucky commenting-epa-dockets.
Underground Injection Control (UIC) BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
Class II Program; Primacy Approval Holly S. Green, Drinking Water
AGENCY: Environmental Protection Protection Division, Office of Ground
Water and Drinking Water (4606M), U.S. LEGAL SERVICES CORPORATION
Agency (EPA).
ACTION: Proposed rule.
Environmental Protection Agency, 1200 45 CFR Parts 1600, 1630, and 1631
Pennsylvania Ave. NW., Washington,
SUMMARY: The U.S. Environmental DC 20460; telephone number: (202) Definitions; Cost Standards and
Protection Agency (EPA) proposes to 566–0651; fax number: (202) 564–3754; Procedures; Purchasing and Property
approve the Commonwealth of email address: green.holly@epa.gov; or Management
Kentucky Underground Injection Nancy H. Marsh, Safe Drinking Water
Control (UIC) Class II Program for Branch, U.S. Environmental Protection AGENCY: Legal Services Corporation.
primacy. The EPA determined that the Agency, Region 4, 61 Forsyth Street ACTION: Notice of proposed rulemaking.
state’s program is consistent with the SW., Atlanta, Georgia 30303; telephone
provisions of the Safe Drinking Water number (404) 562–9450; fax number: SUMMARY: The Legal Services
Act (SDWA) at section 1425 to prevent (404) 562–9439; email address: Corporation (LSC or Corporation) is
underground injection activities that marsh.nancy@epa.gov. issuing this notice of proposed
endanger underground sources of rulemaking to request comment on the
SUPPLEMENTARY INFORMATION:
drinking water. The agency’s approval Corporation’s proposed revisions to its
allows the state to implement and Why is EPA issuing this proposed rule? Definitions and Cost Standards and
enforce state regulations for UIC Class II The EPA proposes to approve the Procedures rules and the creation of a
injection wells only located within the Commonwealth of Kentucky’s UIC new part from LSC’s Property
state. The Commonwealth’s authority Program primacy application for Class II Acquisition and Management Manual
excludes the regulation of injection well injection wells located within the state (PAMM).
Classes I, III, IV, V and VI and all wells (except all wells on Indian lands), as DATES: Comments must be submitted by
on Indian lands, as required by rule required by rule under the SDWA. The December 27, 2016.
under the SDWA. The agency requests proposed rule grants Kentucky primary ADDRESSES: You may submit comments
public comment on this proposed rule enforcement authority to prevent Class by any of the following methods:
and supporting documentation. In the II (oil and gas-related) underground Email: lscrulemaking@lsc.gov. Include
‘‘Rules and Regulations’’ section of this injection activities that endanger ‘‘Parts 1630/1631 Rulemaking’’ in the
Federal Register, the agency published underground sources of drinking water. subject line of the message.
EPA’s approval of the state’s program as Accordingly, the agency proposes to Fax: (202) 337–6519.
a direct final rule without a prior codify the state’s program in the Code Mail: Stefanie K. Davis, Assistant
proposed rule. If the agency receives no of Federal Regulations (CFR) at 40 CFR General Counsel, Legal Services
adverse comment, EPA will not take part 147. EPA will continue to Corporation, 3333 K Street NW.,
further action on this proposed rule. administer the UIC Program for Washington, DC 20007, ATTN: Parts
DATES: Written comments must be injection well Classes I, III, IV, V and VI 1630/1631 Rulemaking.
received by November 28, 2016. and wells on Indian lands, if any such Hand Delivery/Courier: Stefanie K.
ADDRESSES: Submit your comments, lands exist in the state in the future. The Davis, Assistant General Counsel, Legal
identified by Docket ID No. EPA–HQ– agency has published a direct final rule Services Corporation, 3333 K Street
OW–2015–0372, at http:// in the ‘‘Rules and Regulations’’ section NW., Washington, DC 20007, ATTN:
www.regulations.gov. Follow the online of today’s Federal Register, approving Parts 1630/1631 Rulemaking.
instructions for submitting comments. the state’s program because EPA views LSC prefers electronic submissions
Once submitted, comments cannot be this approval as noncontroversial and via email with attachments in Acrobat
edited or removed from Regulations.gov. anticipates no adverse comment. The PDF format. LSC may not consider
The EPA may publish any comment agency provided reasons for the written comments sent via any other
received to its public docket. Do not approval and additional supplementary method or received after the end of the
submit electronically any information information in the preamble to the comment period.
you consider to be Confidential direct final rule. If EPA receives no FOR FURTHER INFORMATION, CONTACT:
Business Information (CBI) or other adverse comment, the agency will not Stefanie K. Davis, Assistant General
information whose disclosure is take further action on this proposed Counsel, Legal Services Corporation,
restricted by statute. Multimedia rule. If EPA receives adverse comment, 3333 K Street NW., Washington, DC
submissions (audio, video, etc.) must be the agency will withdraw the direct 20007, (202) 295–1563 (phone), (202)
mstockstill on DSK3G9T082PROD with PROPOSALS

accompanied by a written comment. final rule and it will not take effect. The 337–6519 (fax), sdavis@lsc.gov.
The written comment is considered the agency would then address all public SUPPLEMENTARY INFORMATION:
official comment and should include comments in any subsequent final rule
discussion of all points you wish to based on this proposed rule. The agency I. Regulatory Background of Part 1630
make. The EPA will generally not does not intend to institute a second and the PAMM
consider comments or comment comment period on this action. Any The purpose of 45 CFR part 1630 is
contents located outside of the primary parties interested in commenting must ‘‘to provide uniform standards for
submission (i.e., on the web, cloud, or do so at this time. For further allowability of costs and to provide a

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Document Modified: 2018-02-13 16:39:46

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received by November 28, 2016.
Contact		Holly S. Green, 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) 566-0651; fax number:
FR Citation		81 FR 75006