82 FR 22949 - State of North Dakota Underground Injection Control Program; Class VI Primacy Approval
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 96 (May 19, 2017)
Federal Register Volume 82, Issue 96 (May 19, 2017)
| Page Range | 22949-22952 | |
| FR Document | 2017-10001 |
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)] [Proposed Rules] [Pages 22949-22952] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10001] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 147 [EPA-HQ-OW-2013-0280; FRL-9962-68-OW] State of North Dakota Underground Injection Control Program; Class VI Primacy Approval AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) proposes to issue a rule approving an application from the state of North Dakota under the Safe Drinking Water Act (SDWA) to implement an underground injection control (UIC) program for Class VI injection wells located within the state, except those on Indian lands. DATES: Comments must be received on or before July 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW- 2013-0280, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. 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. 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: 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: [email protected] or Douglas Minter, Underground Injection Control Unit, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, MSC 8WP-SUI, Denver, Colorado 80202; telephone number: (303) 312-6079; fax number: (303) 312-7084; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Introduction The state of North Dakota received primary enforcement responsibility (primacy) for Class I, III, IV and V injection wells under SDWA section 1422 on October 5, 1984, and Class II injection wells under SDWA section 1425 on September 24, 1983. The state of North Dakota has applied to the EPA under SDWA section 1422, 42 U.S.C. sections 300h-1, for primacy for Class VI injection wells, except those located on Indian lands. This action is based on a legal and technical review of the state of North Dakota's application as directed in the Code of Federal Regulations (CFR) at 40 CFR part 145. As a result of this review, EPA is proposing that the state of North Dakota's application meets all applicable requirements for approval under SDWA section 1422, and the state is capable of administering a Class VI UIC program in a manner consistent with the terms and purposes of SDWA and all applicable regulations. II. Legal Authorities These regulations are being promulgated under authority of SDWA sections 1422 and 1450, 42 U.S.C. 300h-1 and 300j-9. Requirements for State UIC Programs SDWA Section 1421 requires the Administrator of the EPA to promulgate minimum requirements for effective state UIC programs to prevent underground injection activities that endanger underground sources of drinking water (USDWs). SDWA Section 1422 establishes requirements for states seeking EPA approval of state UIC programs. For states that seek approval for UIC programs under SDWA section 1422, the EPA has promulgated a regulation setting forth the applicable procedures and substantive requirements, codified in 40 CFR part 145. It includes requirements for state permitting programs (by reference to certain provisions of 40 CFR parts 124 and 144), compliance evaluation programs, [[Page 22950]] enforcement authority, and information sharing. III. North Dakota's Application A. Background On June 21, 2013, the state of North Dakota submitted a program revision application to add Class VI injection wells to its SDWA section 1422 UIC program. The EPA reviewed the application and published a Federal Register document of North Dakota's Underground Injection Control Program Revision Application on August 9, 2013 (78 FR 48639), which sought public comments and provided an opportunity to request a public hearing. Public notice of North Dakota's application was also published in the Bismarck Tribune on August 9, 2013. B. Public Participation Activities Conducted by the State of North Dakota The state of North Dakota held two public hearings with public comment periods on the state's intent to adopt its Class VI UIC regulations. The first public hearing was held on April 24, 2012, and the public comment period closed on June 8, 2012. The second public hearing was held on October 22, 2012, and the public comment period closed on November 1, 2012. Both public hearings were held in Bismarck, North Dakota, and no public comments were received during the two public comment periods. C. Public Participation Activities Conducted by the EPA On August 9, 2013, a document announcing North Dakota's Underground Injection Control Program Revision was published in the Federal Register (78 FR 48639) and in the Bismarck Tribune. This document provided that a public hearing would be held if requested. The agency did not receive any requests for a public hearing and received five written comments. Two comments were outside the scope of the state's application and three comments were focused on the Memorandum of Agreement between Region 8 and the North Dakota Industrial Commission. The EPA worked with the Commission to address these comments and revise the Memorandum of Agreement. IV. EPA's Proposed Action In this action, the EPA is proposing that the state of North Dakota's Class VI UIC program will assume primary enforcement authority (primacy) for regulating Class VI injection wells in the state, except for those located on Indian lands. Support of this action is part of the public record in EPA's Docket No. EPA-HQ-OW-2013-0280. When finalized, this action will amend 40 CFR part 147 and incorporate by reference the EPA-approved state statutes and regulations. The EPA will continue to administer its UIC program for Class I, II, III, IV, V and VI injection wells on Indian lands. The provisions of the state of North Dakota's Code that contain standards, requirements, and procedures applicable to owners or operators of Class VI UIC wells will be incorporated by reference into 40 CFR 147.1751. Provisions of the state of North Dakota's Code that contain standards, requirements, and procedures applicable to owners or operators of Class I, III, IV and V injection wells have already been incorporated by reference into 40 CFR 147.1751. Any provisions incorporated by reference, as well as all permit conditions or permit denials issued pursuant to such provisions, will be enforceable by the EPA pursuant to SDWA section 1423 and 40 CFR 147.1(e). In order to better serve the public, the EPA is reformatting the codification of the EPA-approved North Dakota SDWA section 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI. Instead of codifying the North Dakota Statutes and Regulations as separate paragraphs, the EPA is now codifying a binder that contains the EPA-approved North Dakota Statutes and Regulations for Well Classes I, III, IV, V and VI. This binder will be incorporated by reference into part 147. The EPA has made, and will continue to make, these documents available electronically through http://www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). The EPA will continue to oversee the state of North Dakota's administration of the SDWA Class VI program. Part of the EPA's oversight responsibility will require quarterly reports of non- compliance and annual UIC performance reports pursuant to 40 CFR144.8. The Memorandum of Agreement between the EPA and the state of North Dakota, signed by the Regional Administrator on October 28, 2013, provides the EPA with the opportunity to review and comment on all permits. 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 (PRA) This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2040-0042. Reporting or record-keeping requirements will be based on the state of North Dakota UIC Regulations, and the state of North Dakota is not subject to the PRA. 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 rule does not impose any requirements on small entities as this rule approves a state program. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. EPA's approval of the state of North Dakota's program will not constitute a federal mandate because there is no requirement that a state establish UIC regulatory programs and because the program is a state, rather than a federal program. 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 [[Page 22951]] 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. This action contains no federal mandates for tribal governments and does not impose any enforceable duties on tribal governments. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health & Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA 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 program. 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 This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA has determined that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This action will simply provide that the state of North Dakota has primacy under SDWA for the Class VI UIC program, pursuant to which the state of North Dakota will be implementing and enforcing a state regulatory program that is as stringent as the existing federal program. List of Subjects in 40 CFR Part 147 Environmental protection, Incorporation by reference, Indian-lands, Intergovernmental relations, Reporting and record-keeping requirements, Water supply. Dated: May 8, 2017. E. Scott Pruitt, Administrator. For the reasons set out in the preamble, Title 40 chapter 1 of the Code of Federal Regulations is proposed to be amended as follows: PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION CONTROL PROGRAMS 0 1. The authority citation for part 147 is amended to read as follows: Authority: 42 U.S.C. 300h et seq.; and 42 U.S.C. 6901 et seq. 0 2. Amend Sec. 147.1751 by revising the section heading, introductory text and paragraph (a) and adding paragraphs (e) through (h) to read as follows: Sec. 147.1751 State-administered program--Class I, III, IV, V and VI wells. The UIC program for Class I, III, IV, and V wells in the state of North Dakota, except those located on Indian lands, is the program administered by the North Dakota Department of Health, approved by EPA pursuant to SDWA section 1422. Notice of this approval was published in the Federal Register on September 21, 1984; the effective date of this program is October 5, 1984. The UIC Program for Class VI wells in the state of North Dakota, except those located on Indian lands, is the program administered by the North Dakota Industrial Commission, approved by the EPA pursuant to SDWA section 1422. Notice of this approval was published in the Federal Register on [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register]; the effective date of this program is [DATE 90 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register]. This program consists of the following elements, as submitted to the EPA in the state's program revision application. 0 (a) Incorporation by reference. The requirements set forth in the state statutes and regulations cited in the binder entitled ``EPA-Approved North Dakota SDWA Sec. 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI'', dated December 2013, and Table 1 to paragraph (a) of this section are hereby incorporated by reference and made a part of the applicable UIC program under SDWA for the state of North Dakota. 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 North Dakota regulations that are incorporated by reference in paragraph (a) of this section may be inspected at the U.S. Environmental Protection Agency, Region 8, Library 2nd Floor, 1595 Wynkoop Street, Denver, Colorado 80202; 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 (303) 312-1226; 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/federal_register/code_of_federal_regulations/ibr_locations.html. Table 1 to Paragraph (a) EPA-Approved North Dakota SDWA Sec. 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date \1\ ---------------------------------------------------------------------------------------------------------------- North Dakota Century Code Sections 38- Regulation, Development and 1980 September 21, 1984, 49 12-01--38-12-03. Production of Subsurface FR 37066. Minerals. North Dakota Century Code Sections 61- Control, Prevention and 1989 March 6, 1991, 56 FR 28-02 and 61-28-06. Abatement of Pollution of 9418. Surface Waters. North Dakota Administrative Code Underground Injection Control 1983 September 21, 1984, 49 Sections 33-25-01-01--33-25-01-18. Program. FR 37066. North Dakota Administrative Code Subsurface Mineral Exploration 1986 March 6, 1991, 56 FR Sections 43-02-02-01--43-02-02-50. and Development. 9418. [[Page 22952]] North Dakota Administrative Code Underground Injection Control 1984 September 21, 1984, 49 Sections 43-02-02.1-01--43-02-02.2-19. Program. FR 37066. North Dakota Century Code Sections 38- Carbon Dioxide Underground 2009 [Insert new FR date and 22-01--38-22-23. Storage. #]. North Dakota Administrative Code Control of Oil and Gas 2013 [Insert new FR date and Sections 38-08-16--38-08-17. Resources. #]. North Dakota Administrative Code Geologic Storage of Carbon 2013 [Insert new FR date and Sections 43-05-01-01--43-05-01-20. Dioxide. #]. ---------------------------------------------------------------------------------------------------------------- \1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. * * * * * 0 (e) The Memorandum of Agreement between EPA Region VIII and the North Dakota Industrial Commission, signed by the EPA Regional Administrator on October 28, 2013. 0 (f) The Memorandum of Understanding between the North Dakota Industrial Commission, Department of Mineral Resources, Oil and Gas Division and the North Dakota Department of Health, Water Quality Division, Related to the Underground Injection Control Program signed on June 19, 2013. 0 (g) Statement of Legal Authority: ``Class VI Underground Injection Control Program, Attorney General's Statement,'' signed by the Attorney General of North Dakota on January 22, 2013. 0 (h) The Class VI Program Description and any other materials submitted as part of the program revision or as supplements thereto. [FR Doc. 2017-10001 Filed 5-18-17; 8:45 am] BILLING CODE 6560-50-P
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EPA’s role is to approve state choices, Dated: May 1, 2017. Environmental Protection Agency, 1200
provided that they meet the criteria of Samuel Coleman, Pennsylvania Ave. NW., Washington,
the CAA. Accordingly, this action Acting Regional Administrator, Region 6. DC 20460; telephone number: (202)
merely proposes to approve state law as [FR Doc. 2017–10108 Filed 5–18–17; 8:45 am] 564–2317; fax number: (202) 564–3754;
meeting Federal requirements and does BILLING CODE 6560–50–P
email address: mcwhirter.lisa@epa.gov
not impose additional requirements or Douglas Minter, Underground
beyond those imposed by state law. For Injection Control Unit, U.S.
that reason, this action: ENVIRONMENTAL PROTECTION Environmental Protection Agency,
• Is not a ‘‘significant regulatory action’’ AGENCY Region 8, 1595 Wynkoop Street, MSC
subject to review by the Office of 8WP-SUI, Denver, Colorado 80202;
Management and Budget under Executive 40 CFR Part 147 telephone number: (303) 312–6079; fax
Orders 12866 (58 FR 51735, October 4, 1993) number: (303) 312–7084; email address:
[EPA–HQ–OW–2013–0280; FRL–9962–68–
and 13563 (76 FR 3821, January 21, 2011); OW] minter.douglas@epa.gov.
• Does not impose an information SUPPLEMENTARY INFORMATION:
collection burden under the provisions of the State of North Dakota Underground
Paperwork Reduction Act (44 U.S.C. 3501 et I. Introduction
seq.);
Injection Control Program; Class VI
Primacy Approval The state of North Dakota received
• Is certified as not having a significant primary enforcement responsibility
economic impact on a substantial number of AGENCY: Environmental Protection
small entities under the Regulatory
(primacy) for Class I, III, IV and V
Flexibility Act (5 U.S.C. 601 et seq.);
Agency (EPA). injection wells under SDWA section
• Does not contain any unfunded mandate ACTION: Proposed rule. 1422 on October 5, 1984, and Class II
or significantly or uniquely affect small injection wells under SDWA section
governments, as described in the Unfunded SUMMARY: The Environmental Protection 1425 on September 24, 1983. The state
Mandates Reform Act of 1995 (Pub. L. 104– Agency (EPA) proposes to issue a rule of North Dakota has applied to the EPA
4); approving an application from the state under SDWA section 1422, 42 U.S.C.
• Does not have Federalism implications of North Dakota under the Safe Drinking sections 300h–1, for primacy for Class
as specified in Executive Order 13132 (64 FR Water Act (SDWA) to implement an VI injection wells, except those located
43255, August 10, 1999); underground injection control (UIC) on Indian lands. This action is based on
• Is not an economically significant program for Class VI injection wells
regulatory action based on health or safety
a legal and technical review of the state
risks subject to Executive Order 13045 (62 FR
located within the state, except those on of North Dakota’s application as
19885, April 23, 1997); Indian lands. directed in the Code of Federal
• Is not a significant regulatory action DATES: Comments must be received on Regulations (CFR) at 40 CFR part 145.
subject to Executive Order 13211 (66 FR or before July 18, 2017. As a result of this review, EPA is
28355, May 22, 2001); ADDRESSES: Submit your comments, proposing that the state of North
• Is not subject to requirements of section Dakota’s application meets all
12(d) of the National Technology Transfer
identified by Docket ID No. EPA–HQ–
OW–2013–0280, to the Federal applicable requirements for approval
and Advancement Act of 1995 (15 U.S.C. 272 under SDWA section 1422, and the state
note) because it does not involve technical eRulemaking Portal: http://
standards; and www.regulations.gov. Follow the online is capable of administering a Class VI
• Does not provide EPA with the instructions for submitting comments. UIC program in a manner consistent
discretionary authority to address, as Once submitted, comments cannot be with the terms and purposes of SDWA
appropriate, disproportionate human health edited or withdrawn. EPA may publish and all applicable regulations.
or environmental effects, using practicable any comment received to its public
and legally permissible methods, under
II. Legal Authorities
docket. Do not submit electronically any
Executive Order 12898 (59 FR 7629, February These regulations are being
16, 1994).
information you consider to be
promulgated under authority of SDWA
Confidential Business Information (CBI)
In addition, the SIP is not approved to sections 1422 and 1450, 42 U.S.C. 300h–
or other information whose disclosure is
apply on any Indian reservation land or 1 and 300j–9.
restricted by statute. Multimedia
in any other area where EPA or an submissions (audio, video, etc.) must be Requirements for State UIC Programs
Indian tribe has demonstrated that a accompanied by a written comment. SDWA Section 1421 requires the
tribe has jurisdiction. In those areas of The written comment is considered the Administrator of the EPA to promulgate
Indian country, the proposed rule does official comment and should include minimum requirements for effective
not have tribal implications and will not discussion of all points you wish to state UIC programs to prevent
impose substantial direct costs on tribal make. EPA will generally not consider underground injection activities that
governments or preempt tribal law as comments or comment contents located endanger underground sources of
specified by Executive Order 13175 (65 outside of the primary submission (i.e., drinking water (USDWs). SDWA Section
FR 67249, November 9, 2000). on the web, cloud, or other file sharing 1422 establishes requirements for states
List of Subjects in 40 CFR Part 52 system). seeking EPA approval of state UIC
For additional submission methods, programs.
Environmental protection, Air the full EPA public comment policy, For states that seek approval for UIC
pollution control, Incorporation by information about CBI or multimedia programs under SDWA section 1422,
sradovich on DSK3GMQ082PROD with PROPOSALS
reference, Intergovernmental relations, submissions, and general guidance on the EPA has promulgated a regulation
Nitrogen dioxide, Ozone, Particulate making effective comments, please visit setting forth the applicable procedures
matter, Reporting and recordkeeping http://www2.epa.gov/dockets/ and substantive requirements, codified
requirements, Sulfur dioxides, commenting-epa-dockets. in 40 CFR part 145. It includes
Visibility, Interstate transport of FOR FURTHER INFORMATION CONTACT: Lisa requirements for state permitting
pollution, Regional haze, Best available McWhirter, Drinking Water Protection programs (by reference to certain
control technology. Division, Office of Ground Water and provisions of 40 CFR parts 124 and 144),
Authority: 42 U.S.C. 7401 et seq. Drinking Water (4606M), U.S. compliance evaluation programs,
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government and the states, or on the environmental health or safety standard. Commission, approved by the EPA
distribution of power and This action will simply provide that the pursuant to SDWA section 1422. Notice
responsibilities among the various state of North Dakota has primacy under of this approval was published in the
levels of government. SDWA for the Class VI UIC program, Federal Register on [DATE OF
pursuant to which the state of North PUBLICATION OF THE FINAL RULE
F. Executive Order 13175: Consultation
Dakota will be implementing and IN THE Federal Register]; the effective
and Coordination With Indian Tribal
enforcing a state regulatory program that date of this program is [DATE 90 DAYS
Governments
is as stringent as the existing federal AFTER DATE OF PUBLICATION OF
This action does not have tribal program. THE FINAL RULE IN THE Federal
implications as specified in Executive Register]. This program consists of the
Order 13175. This action contains no List of Subjects in 40 CFR Part 147
following elements, as submitted to the
federal mandates for tribal governments Environmental protection, EPA in the state’s program revision
and does not impose any enforceable Incorporation by reference, Indian- application.
duties on tribal governments. Thus, lands, Intergovernmental relations, ■ (a) Incorporation by reference. The
Executive Order 13175 does not apply Reporting and record-keeping requirements set forth in the state
to this action. requirements, Water supply. statutes and regulations cited in the
G. Executive Order 13045: Protection of Dated: May 8, 2017. binder entitled ‘‘EPA-Approved North
Children From Environmental Health & E. Scott Pruitt, Dakota SDWA § 1422 Underground
Safety Risks Administrator. Injection Control Program Statutes and
The EPA interprets Executive Order For the reasons set out in the Regulations for Well Classes I, III, IV, V
13045 as applying only to those preamble, Title 40 chapter 1 of the Code and VI’’, dated December 2013, and
regulatory actions that concern of Federal Regulations is proposed to be Table 1 to paragraph (a) of this section
environmental health or safety risks that amended as follows: are hereby incorporated by reference
the EPA has reason to believe may and made a part of the applicable UIC
PART 147—STATE, TRIBAL, AND program under SDWA for the state of
disproportionately affect children, per
EPA–ADMINISTERED UNDERGROUND North Dakota. The Director of the
the definition of ‘‘covered regulatory
INJECTION CONTROL PROGRAMS Federal Register approves this
action’’ in section 2–202 of the
Executive Order. This action is not incorporation by reference in
■ 1. The authority citation for part 147 accordance with 5 U.S.C. 552(a) and 1
subject to Executive Order 13045 is amended to read as follows:
because it approves a state program. CFR part 51. Copies of the North Dakota
Authority: 42 U.S.C. 300h et seq.; and 42 regulations that are incorporated by
H. Executive Order 13211: Actions U.S.C. 6901 et seq. reference in paragraph (a) of this section
Concerning Regulations That ■ 2. Amend § 147.1751 by revising the may be inspected at the U.S.
Significantly Affect Energy Supply, section heading, introductory text and Environmental Protection Agency,
Distribution, or Use paragraph (a) and adding paragraphs (e) Region 8, Library 2nd Floor, 1595
This action is not subject to Executive through (h) to read as follows: Wynkoop Street, Denver, Colorado
Order 13211, because it is not a 80202; Water Docket, EPA Docket
significant regulatory action under § 147.1751 State-administered program— Center (EPA/DC) EPA West, Room 3334,
Class I, III, IV, V and VI wells. 1301 Constitution Ave. NW.,
Executive Order 12866.
The UIC program for Class I, III, IV, Washington, DC 20460; and the
I. National Technology Transfer and and V wells in the state of North Dakota, National Archives and Records
Advancement Act except those located on Indian lands, is Administration (NARA). If you wish to
This rulemaking does not involve the program administered by the North obtain materials from the EPA Regional
technical standards. Dakota Department of Health, approved Office, please call (303) 312–1226; for
by EPA pursuant to SDWA section 1422. materials from a docket in the EPA
J. Executive Order 12898: Federal Notice of this approval was published in Headquarters Library, please call the
Actions To Address Environmental the Federal Register on September 21, Water Docket at (202) 566–2426. For
Justice in Minority Populations and 1984; the effective date of this program information on the availability of this
Low-Income Populations is October 5, 1984. The UIC Program for material at NARA, call (202) 741–6030,
The EPA has determined that this Class VI wells in the state of North or go to http://www.archives.gov/
action is not subject to Executive Order Dakota, except those located on Indian federal_register/
12898 (59 FR 7629, February 16, 1994) lands, is the program administered by code_of_federal_regulations/
because it does not establish an the North Dakota Industrial ibr_locations.html.
TABLE 1 TO PARAGRAPH (a) EPA-APPROVED NORTH DAKOTA SDWA § 1422 UNDERGROUND INJECTION CONTROL
PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, III, IV, V AND VI
State effective
State citation Title/subject EPA approval date 1
date
sradovich on DSK3GMQ082PROD with PROPOSALS
North Dakota Century Code Sections 38–12– Regulation, Development and Production of Sub- 1980 September 21, 1984, 49
01—38–12–03. surface Minerals. FR 37066.
North Dakota Century Code Sections 61–28–02 Control, Prevention and Abatement of Pollution 1989 March 6, 1991, 56 FR
and 61–28–06. of Surface Waters. 9418.
North Dakota Administrative Code Sections 33– Underground Injection Control Program .............. 1983 September 21, 1984, 49
25–01–01—33–25–01–18. FR 37066.
North Dakota Administrative Code Sections 43– Subsurface Mineral Exploration and Develop- 1986 March 6, 1991, 56 FR
02–02–01—43–02–02–50. ment. 9418.
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TABLE 1 TO PARAGRAPH (a) EPA-APPROVED NORTH DAKOTA SDWA § 1422 UNDERGROUND INJECTION CONTROL
PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, III, IV, V AND VI—Continued
State effective
State citation Title/subject EPA approval date 1
date
North Dakota Administrative Code Sections 43– Underground Injection Control Program .............. 1984 September 21, 1984, 49
02–02.1–01—43–02–02.2–19. FR 37066.
North Dakota Century Code Sections 38–22– Carbon Dioxide Underground Storage ................. 2009 [Insert new FR date and
01—38–22–23. #].
North Dakota Administrative Code Sections 38– Control of Oil and Gas Resources ....................... 2013 [Insert new FR date and
08–16—38–08–17. #].
North Dakota Administrative Code Sections 43– Geologic Storage of Carbon Dioxide ................... 2013 [Insert new FR date and
05–01–01—43–05–01–20. #].
1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * Department of Mineral Resources, Oil Statement,’’ signed by the Attorney
■ (e) The Memorandum of Agreement and Gas Division and the North Dakota General of North Dakota on January 22,
between EPA Region VIII and the North Department of Health, Water Quality 2013.
Dakota Industrial Commission, signed Division, Related to the Underground ■ (h) The Class VI Program Description
by the EPA Regional Administrator on Injection Control Program signed on and any other materials submitted as
October 28, 2013. June 19, 2013. part of the program revision or as
■ (f) The Memorandum of ■ (g) Statement of Legal Authority: supplements thereto.
Understanding between the North ‘‘Class VI Underground Injection [FR Doc. 2017–10001 Filed 5–18–17; 8:45 am]
Dakota Industrial Commission, Control Program, Attorney General’s BILLING CODE 6560–50–P
sradovich on DSK3GMQ082PROD with PROPOSALS
VerDate Sep<11>2014 19:28 May 18, 2017 Jkt 241001 PO 00000 Frm 00049 Fmt 4702 Sfmt 9990 E:\FR\FM\19MYP1.SGM 19MYP1](https://thefederalregister.org/doc/82_FR_23045/page/4.svg)
Document Created: 2018-11-08 08:47:51
Document Modified: 2018-11-08 08:47:51
| 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 | Comments must be received on or before July 18, 2017. | |
| 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 | 82 FR 22949 | |
| CFR Associated | Environmental Protection; Incorporation by Reference; Indian-Lands; Intergovernmental Relations; Reporting and Record-Keeping Requirements and Water Supply |
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