81 FR 95484 - State of Kentucky Underground Injection Control (UIC) Class II Program; Withdrawal of Primacy Approval

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range		95484-95484
FR Document		2016-31267

Because the U.S. Environmental Protection Agency (EPA) received adverse comment, we are withdrawing the direct final rule approving the Commonwealth of Kentucky's Underground Injection Control (UIC) Class II Program for primacy, published on October 28, 2016.

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)

[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Page 95484]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31267]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2015-0372; FRL-9957-47-OW]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because the U.S. Environmental Protection Agency (EPA) 
received adverse comment, we are withdrawing the direct final rule 
approving the Commonwealth of Kentucky's Underground Injection Control 
(UIC) Class II Program for primacy, published on October 28, 2016.

DATES: Effective December 28, 2016, EPA withdraws the direct final rule 
published at 81 FR 74927, on October 28, 2016.

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: Because EPA received adverse comment, we are 
withdrawing the direct final rule approving the Commonwealth of 
Kentucky's Underground Injection Control Class II (UIC).
    Program for primacy, published on October 28, 2016. We stated in 
that direct final rule that if we received adverse comment by November 
28, 2016, the direct final rule would not take effect and we would 
publish a timely withdrawal in the Federal Register. We subsequently 
received adverse comment on that direct final rule. We will address 
those comments in any subsequent final action, which will be based on 
the parallel proposed rule also published on October 28, 2016 (81 FR 
75006). As stated in the direct final rule and the parallel proposed 
rule, we will not institute a second comment period on this action.

    Dated: December 20, 2016.
Gina McCarthy,
Administrator.
    Accordingly, the direct final rule published on October 28, 2016, 
(81 FR 74927) is withdrawn effective December 28, 2016.

[FR Doc. 2016-31267 Filed 12-27-16; 8:45 am]
BILLING CODE 6560-50-P

95484 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

(c) Statements of Legal Authority. a true vertical depth from surface of 210 SUMMARY: Because the U.S.
‘‘Underground Injection Control feet. Environmental Protection Agency (EPA)
Program, Attorney General’s (4) A portion of the Pennsylvanian received adverse comment, we are
Statement,’’ signed by General Counsel Age sandstone formation that has a withdrawing the direct final rule
of Kentucky Energy and Environmental quarter mile radius areal extent (125.6 approving the Commonwealth of
Cabinet on June 7, 2010. acres) that is located at latitude 37.5402 Kentucky’s Underground Injection
(d) Program Description. The Program and longitude ¥87.2551. The formation Control (UIC) Class II Program for
Description submitted as part of has a true vertical depth from surface of primacy, published on October 28,
Kentucky’s application, and any other 1,050 feet. 2016.
materials submitted as part of this (5) A portion of the Tar Springs
application or as a supplement thereto. sandstone formation that has a quarter DATES: Effective December 28, 2016,
■ 3. Section 147.901 is amended by mile radius areal extent (125.6 acres) EPA withdraws the direct final rule
revising the section heading and the that is located at latitude 37.7301 and published at 81 FR 74927, on October
first sentence of paragraph (a) to read as longitude ¥87.6922. The formation has 28, 2016.
follows: a true vertical depth from surface of 240
feet. FOR FURTHER INFORMATION CONTACT:
§ 147.901 EPA-administered program— Holly S. Green, Drinking Water
Class I, III, IV, V, and VI wells and Indian
(6) A portion of the Caseyville
sandstone formation that has a quarter Protection Division, Office of Ground
lands.
mile radius areal extent (125.6 acres) Water and Drinking Water (4606M), U.S.
(a) Contents. The UIC program for Environmental Protection Agency, 1200
Class I, III, IV, V and VI wells and all that is located at latitude 37.5776 and
longitude ¥87.1321. The formation had Pennsylvania Ave. NW., Washington,
wells on Indian lands in the
a true vertical depth from surface of 350 DC 20460; telephone number: (202)
Commonwealth of Kentucky is
feet. 566–0651; fax number: (202) 564–3754;
administered by the EPA. * * *
(7) A portion of the Caseyville email address: green.holly@epa.gov; or
* * * * * sandstone formation that has a quarter Nancy H. Marsh, Safe Drinking Water
■ 4. Section 147.902 is added to read as mile radius areal extent (125.6 acres) Branch, U.S. Environmental Protection
follows: that is located at latitude 37.5778 and Agency, Region 4, 61 Forsyth Street
§ 147.902 Aquifer exemptions. longitude ¥87.1379. The formation has SW., Atlanta, Georgia 30303; telephone
(a) This section identifies any aquifers a true vertical depth from surface of number (404) 562–9450; fax number:
or their portions exempted in 1,080 feet. (404) 562 9439; email address:
accordance with §§ 144.7(b) and 146.4 (8) A portion of the Caseyville marsh.nancy@epa.gov.
of this chapter. These aquifers are not sandstone formation that has a quarter
mile radius areal extent (125.6 acres) SUPPLEMENTARY INFORMATION: Because
being proposed for exemption under the EPA received adverse comment, we are
Commonwealth of Kentucky’s primacy that is located at latitude 37.5652 and
longitude ¥87.1222. The formation has withdrawing the direct final rule
approval. Rather, the exempted aquifers
a true vertical depth from surface of approving the Commonwealth of
listed below were previously approved
1,060 feet. Kentucky’s Underground Injection
while EPA had primary enforcement
authority for the Class II UIC program in (b) [Reserved] Control Class II (UIC).
the Commonwealth of Kentucky and are ■ 5. Section 147.903 is amended by Program for primacy, published on
included here for reference. Additional revising the section heading to read as October 28, 2016. We stated in that
information pertinent to these exempted follows:. direct final rule that if we received
aquifers or their portions resides in EPA § 147.903 Existing Class I and III wells adverse comment by November 28,
Region 4. authorized by rule. 2016, the direct final rule would not
(1) The following eight aquifers take effect and we would publish a
* * * * *
(underground sources of drinking water) timely withdrawal in the Federal
in the Commonwealth of Kentucky have § 147.904 [Removed and Reserved] Register. We subsequently received
been exempted in accordance with the adverse comment on that direct final
■ 6. Section 147.904 is removed and
provisions of §§ 144.7(b) and 146.4 of rule. We will address those comments
reserved.
this chapter for Class II injection [FR Doc. 2016–31268 Filed 12–27–16; 8:45 am] in any subsequent final action, which
activities only: A portion of the Tar will be based on the parallel proposed
BILLING CODE 6560–50–P
Springs sandstone formation that has a rule also published on October 28, 2016
quarter mile radius areal extent (125.6
(81 FR 75006). As stated in the direct
acres) that is located at latitude 37.7261 ENVIRONMENTAL PROTECTION final rule and the parallel proposed rule,
and longitude ¥86.6914. The formation AGENCY
has a true vertical depth from surface of we will not institute a second comment
280 feet. period on this action.
40 CFR Part 147
(2) A portion of the Tar Springs Dated: December 20, 2016.
sandstone formation that has a quarter [EPA–HQ–OW–2015–0372; FRL–9957–47– Gina McCarthy,
mile radius areal extent (125.6 acres) OW]
Administrator.
that is located at latitude 37.7294 and
longitude ¥867212. The formation has State of Kentucky Underground Accordingly, the direct final rule
sradovich on DSK3GMQ082PROD with RULES

a true vertical depth from surface of 249 Injection Control (UIC) Class II published on October 28, 2016, (81 FR
feet. Program; Withdrawal of Primacy 74927) is withdrawn effective December
(3) A portion of the Tar Springs Approval 28, 2016.
sandstone formation that has a quarter AGENCY: Environmental Protection [FR Doc. 2016–31267 Filed 12–27–16; 8:45 am]
mile radius areal extent (125.6 acres) Agency (EPA). BILLING CODE 6560–50–P
that is located at latitude 37.7055 and
ACTION: Withdrawal of direct final rule.
longitude ¥86.7177. The formation has

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Document Created: 2016-12-28 02:16:40
Document Modified: 2016-12-28 02:16:40

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		Withdrawal of direct final rule.
Dates		Effective December 28, 2016, EPA withdraws the direct final rule published at 81 FR 74927, on October 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 95484