82_FR_56194 82 FR 55968 - State of Idaho Voluntary Transfer of Primacy of the Class II Underground Injection Control Program to the Environmental Protection Agency

82 FR 55968 - State of Idaho Voluntary Transfer of Primacy of the Class II Underground Injection Control Program to the Environmental Protection Agency

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range55968-55970
FR Document2017-24637

The Environmental Protection Agency (EPA) is providing notice of the transfer of the state of Idaho's Underground Injection Control (UIC) program for Class II injection wells from Idaho to EPA, and is concurrently issuing a proposed rule to amend EPA's UIC regulations to reflect such transfer. This transfer would be effective upon publication in the Federal Register of a final rule revising such regulations. Idaho submitted a formal request that EPA transfer and directly implement the Class II UIC Program. Idaho would maintain primacy for Class I, III, IV, and V injection wells pursuant to their EPA-approved program in 1985.

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017)
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55968-55970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24637]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2017-0584; FRL-9970-73-OW]


State of Idaho Voluntary Transfer of Primacy of the Class II 
Underground Injection Control Program to the Environmental Protection 
Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of the transfer of the state of Idaho's Underground Injection Control 
(UIC) program for Class II injection wells from Idaho to EPA, and is 
concurrently issuing a proposed rule to amend EPA's UIC regulations to 
reflect such transfer. This transfer would be effective upon 
publication in the Federal Register of a final rule revising such 
regulations. Idaho submitted a formal request that EPA transfer and 
directly implement the Class II UIC Program. Idaho would maintain 
primacy for Class I, III, IV, and V injection wells pursuant to their 
EPA-approved program in 1985.

DATES: Comments must be received on or before January 11, 2018. A 
public hearing will be held only if there is significant public 
interest. Request for a public hearing will be accepted until December 
12, 2017. Only if requested, a public hearing will be held on January 
8, 2018, from 2 p.m. to 5 p.m., at the Banner Bank Building, 950 W. 
Bannock Street, Boise, Idaho. Requests for a public hearing may be 
mailed to: Evan Osborne, U.S. Environmental Protection Agency, Region 
10, 1200 6th Ave., OCE-101, Seattle, Washington 98101. For additional 
information regarding the public hearing, please contact Evan Osborne 
(206) 553-1747 or [email protected].

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2017-0584, 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

[[Page 55969]]

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: Colin Dyroff, 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) 564-3149; fax number: 
(202) 564-3754; email address: [email protected]; or Evan Osborne, 
U.S. Environmental Protection Agency, Region 10, 1200 6th Ave., OCE-
101, Seattle, Washington 98101; telephone number: (206) 553-1747; fax 
number: (206) 553-1762; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is EPA taking this action?

    On August 25, 2017, EPA received a letter from the Idaho Department 
of Water Resources (IDWR), formally requesting that EPA transfer and 
directly implement the Class II UIC program in Idaho, pursuant to 40 
CFR 145.34(a). Class II injection wells inject fluids (1) that are 
brought to the surface in connection with natural gas storage, or oil 
or natural gas production; or (2) for the purpose of enhanced oil or 
natural gas recovery; or (3) for the storage of hydrocarbons, which are 
liquid at standard temperature and pressure. Idaho received primary 
implementation and enforcement authority (primacy) for Class I, II, 
III, IV, and V injection wells under the Safe Drinking Water Act, 
section 1422, on July 22, 1985. Idaho has since maintained primacy for 
these injection well classes in Idaho, including Class II.
    Class II injection wells were banned in Idaho under the state's 
regulations in 1985, when EPA originally approved Idaho primacy, and as 
a result, this ban was codified in EPA's regulations. However, in 2013, 
the state passed legislation which allows these wells. Although the 
state's regulations now allow Class II wells, Idaho has not issued any 
Class II permits because EPA has not approved the change to Idaho's 
approved Class II UIC program and the wells remain banned under federal 
law; therefore, the state is not authorized to issue Class II permits. 
The voluntary transfer of authority for the UIC Class II program to EPA 
would allow EPA to issue Class II permits in Idaho. EPA would be 
responsible for the direct implementation of the Class II underground 
injection program in Idaho, including permitting, compliance, and 
enforcement responsibilities, pursuant to the SDWA and federal UIC 
regulations.
    This Federal Register document constitutes public notice of the 
transfer of Idaho's Class II program to EPA, as required by 40 CFR 
145.34(a)(3). In this Federal Register document, EPA also proposes to 
make conforming changes to its regulations to reflect such transfer. 40 
CFR part 147 sets forth the applicable UIC programs for each of the 
states. This rule would update 40 CFR part 147, subpart N, which 
currently lists Idaho as having primacy over Class II, to indicate that 
EPA will directly implement the Class II UIC program in Idaho. This 
transfer of authority will be effective upon publication of the final 
rule, revising such regulations, in the Federal Register. Because the 
transfer and rulemaking will allow wells to be permitted that were 
previously banned, EPA finds that there is ``good cause'' to make this 
rule, when final, effective upon publication in the Federal Register. 5 
U.S.C. 553(d)(1) and (3).

II. Legal Authorities

    A state with an approved primacy program may voluntarily transfer 
UIC program responsibilities to EPA, pursuant to 40 CFR 145.34(a). The 
regulations require that EPA provide notice of such transfer in the 
Federal Register at least 30 days before the transfer is to occur. 40 
CFR 145.34(a)(3). The regulations do not provide for opportunity to 
comment on whether to transfer, and accordingly, EPA is not taking 
comment on such transfer.
    EPA's regulations at 40 CFR part 147 set forth the applicable UIC 
programs for each of the states. This rule would make ministerial 
revisions to these regulations to reflect the transfer noticed herein. 
Specifically, the rule would revise 40 CFR part 147, subpart N, to 
indicate that the Class II UIC program for Idaho is to be directly 
implemented by EPA, and consists of the UIC program requirements of 40 
CFR parts 124, 144, 146, and 148. EPA is taking comment only on these 
revisions.

III. 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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. 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.

D. 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; this action withdraws a state program 
and therein transfers direct implementation of the Class II UIC program 
to EPA. We have therefore concluded that this action will have no net 
regulatory burden for any directly regulated small entities.

E. 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. This rule does not impose any mandates on small 
entities; this action withdraws a state program and therein transfers 
direct implementation of the Class II UIC program to EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the

[[Page 55970]]

relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government. This action contains no federal mandates for state and 
local governments and does not impose any enforceable duties on state 
and local governments. This action merely withdraws a state program (at 
the voluntary request from Idaho) and therein transfers implementation 
of the Class II UIC program to EPA.

G. 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.

H. Executive Order 13045: Protection of Children From Environmental 
Health and 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 transfers a state program.

I. 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.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

K. 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 rule does 
not impose any health or safety standards; this action transfers a 
state program and therein transfers direct implementation of the Class 
II UIC program to EPA.

List of Subjects in 40 CFR Part 147

    Environmental protection, Indian--lands, Intergovernmental 
relations, Reporting and recordkeeping requirements, Water supply.

    Dated: November 6, 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 revised to read as follows:

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

Subpart N--Idaho

0
2. Amend Sec.  147.650 by revising the section heading and the 
introductory paragraph to read as follows:


Sec.  147.650   State-administered program--Class I, III, IV, and V 
wells.

    The UIC program for Class I, III, IV, and V wells in the state of 
Idaho, other than those on Indian lands, is the program administered by 
the Idaho Department of Water Resources, approved by EPA pursuant to 
section 1422 of the Safe Drinking Water Act. Notice of this approval 
was published in the Federal Register on June 7, 1985; the effective 
date of this program is July 22, 1985. This program consists of the 
following elements, as submitted to EPA in Idaho's program application. 
Note: because EPA subsequently transferred the Class II UIC program 
from the Idaho Department of Water Resources to EPA, references to 
Class II in the following elements are no longer relevant or applicable 
for federal UIC purposes.
* * * * *
0
3. Amend Sec.  147.651 by revising the section heading and paragraphs 
(a) and (b) to read as follows:


Sec.  147.651   EPA-administered program--Class II wells and all wells 
on Indian lands.

    (a) Contents. EPA administers the UIC program for all classes of 
wells on Indian lands and for Class II wells on non-Indian lands in the 
state of Idaho. This program consists of the UIC program requirements 
of 40 CFR parts 124, 144, 146, 148, and any additional requirements set 
forth in the remainder of this subpart. Injection well owners and 
operators, and EPA shall comply with these requirements.
    (b) Effective dates. The effective date of the UIC program for 
Indian lands in Idaho is June 11, 1984. The effective date of the UIC 
program for Class II wells on non-Indian lands in Idaho is [date of 
publication of final rule in the Federal Register].

[FR Doc. 2017-24637 Filed 11-24-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  55968                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  C. EPA Recommendations To Further                          • is certified as not having a                     ENVIRONMENTAL PROTECTION
                                                  Improve the Rule and Appendix                           significant economic impact on a                      AGENCY
                                                    The TSD describes additional                          substantial number of small entities
                                                                                                          under the Regulatory Flexibility Act (5               40 CFR Part 147
                                                  revisions that we recommend for the
                                                  next time ADEQ modifies the rule and                    U.S.C. 601 et seq.);                                  [EPA–HQ–OW–2017–0584; FRL–9970–73–
                                                  appendix.                                                  • does not contain any unfunded                    OW]

                                                  D. Public Comment and Proposed                          mandate or significantly or uniquely
                                                                                                                                                                State of Idaho Voluntary Transfer of
                                                  Action                                                  affect small governments, as described                Primacy of the Class II Underground
                                                                                                          in the Unfunded Mandates Reform Act                   Injection Control Program to the
                                                    As authorized in section 110(k)(3) of                 of 1995 (Pub. L. 104–4);
                                                  the Act, the EPA proposes to fully                                                                            Environmental Protection Agency
                                                  approve the submitted rule and                             • does not have Federalism
                                                                                                                                                                AGENCY:  Environmental Protection
                                                  appendix because they fulfill all                       implications as specified in Executive                Agency (EPA).
                                                  relevant requirements. We will accept                   Order 13132 (64 FR 43255, August 10,
                                                                                                                                                                ACTION: Proposed rule.
                                                  comments from the public on this                        1999);
                                                  proposal until December 27, 2017. If we                    • is not an economically significant               SUMMARY:    The Environmental Protection
                                                  take final action to approve the                        regulatory action based on health or                  Agency (EPA) is providing notice of the
                                                  submitted rule and appendix, our final                  safety risks subject to Executive Order               transfer of the state of Idaho’s
                                                  action will incorporate them into the                   13045 (62 FR 19885, April 23, 1997);                  Underground Injection Control (UIC)
                                                  federally enforceable SIP.                                                                                    program for Class II injection wells from
                                                                                                             • is not a significant regulatory action           Idaho to EPA, and is concurrently
                                                  III. Incorporation by Reference                         subject to Executive Order 13211 (66 FR               issuing a proposed rule to amend EPA’s
                                                    In this rule, the EPA is proposing to                 28355, May 22, 2001);                                 UIC regulations to reflect such transfer.
                                                  include in a final EPA rule regulatory                     • is not subject to requirements of                This transfer would be effective upon
                                                  text that includes incorporation by                     Section 12(d) of the National                         publication in the Federal Register of a
                                                  reference. In accordance with                           Technology Transfer and Advancement                   final rule revising such regulations.
                                                  requirements of 1 CFR 51.5, the EPA is                  Act of 1995 (15 U.S.C. 272 note) because              Idaho submitted a formal request that
                                                  proposing to incorporate by reference                   application of those requirements would               EPA transfer and directly implement the
                                                  the ADEQ rules described in Table 1 of                  be inconsistent with the CAA; and                     Class II UIC Program. Idaho would
                                                  this preamble. The EPA has made, and                                                                          maintain primacy for Class I, III, IV, and
                                                                                                             • does not provide the EPA with the                V injection wells pursuant to their EPA-
                                                  will continue to make, these materials
                                                                                                          discretionary authority to address                    approved program in 1985.
                                                  available through www.regulations.gov
                                                  and at the EPA Region IX Office (please                 disproportionate human health or                      DATES: Comments must be received on
                                                  contact the person identified in the FOR                environmental effects with practical,                 or before January 11, 2018. A public
                                                  FURTHER INFORMATION CONTACT section of                  appropriate, and legally permissible                  hearing will be held only if there is
                                                  this preamble for more information).                    methods under Executive Order 12898                   significant public interest. Request for a
                                                                                                          (59 FR 7629, February 16, 1994).                      public hearing will be accepted until
                                                  IV. Statutory and Executive Order                                                                             December 12, 2017. Only if requested, a
                                                  Reviews                                                    In addition, the SIP is not approved
                                                                                                          to apply on any Indian reservation land               public hearing will be held on January
                                                    Under the CAA, the Administrator is                   or in any other area where the EPA or                 8, 2018, from 2 p.m. to 5 p.m., at the
                                                  required to approve a SIP submission                    an Indian tribe has demonstrated that a               Banner Bank Building, 950 W. Bannock
                                                  that complies with the provisions of the                tribe has jurisdiction. In those areas of             Street, Boise, Idaho. Requests for a
                                                  Act and applicable federal regulations.                 Indian country, the rule does not have                public hearing may be mailed to: Evan
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                           Osborne, U.S. Environmental Protection
                                                                                                          tribal implications and will not impose
                                                  Thus, in reviewing SIP submissions, the                                                                       Agency, Region 10, 1200 6th Ave., OCE–
                                                                                                          substantial direct costs on tribal
                                                  EPA’s role is to approve state choices,                                                                       101, Seattle, Washington 98101. For
                                                                                                          governments or preempt tribal law as                  additional information regarding the
                                                  provided that they meet the criteria of
                                                                                                          specified by Executive Order 13175 (65                public hearing, please contact Evan
                                                  the CAA. Accordingly, this proposed
                                                  action merely proposes to approve state                 FR 67249, November 9, 2000).                          Osborne (206) 553–1747 or
                                                  law as meeting federal requirements and                 List of Subjects in 40 CFR Part 52                    osborne.evan@epa.gov.
                                                  does not impose additional                                                                                    ADDRESSES: Submit your comments,
                                                  requirements beyond those imposed by                      Environmental protection, Air                       identified by Docket ID No. EPA–HQ–
                                                  state law. For that reason, this proposed               pollution control, Incorporation by                   OW–2017–0584, to the Federal
                                                  action:                                                 reference, Intergovernmental relations,               eRulemaking Portal: http://
                                                    • Is not a ‘‘significant regulatory                   Lead, Particulate matter, Reporting and               www.regulations.gov. Follow the online
                                                  action’’ subject to review by the Office                recordkeeping requirements.                           instructions for submitting comments.
                                                  of Management and Budget under                            Authority: 42 U.S.C. 7401 et seq.                   Once submitted, comments cannot be
                                                  Executive Orders 12866 (58 FR 51735,                                                                          edited or withdrawn. EPA may publish
                                                  October 4, 1993) and 13563 (76 FR 3821,                   Dated: November 16, 2017.                           any comment received to its public
pmangrum on DSK3GDR082PROD with PROPOSALS1




                                                  January 21, 2011);                                      Alexis Strauss,                                       docket. Do not submit electronically any
                                                    • is not an Executive Order 13771 (82                 Acting Regional Administrator, Region IX.             information you consider to be
                                                  FR 9339, February 2, 2017) regulatory                   [FR Doc. 2017–25567 Filed 11–24–17; 8:45 am]          Confidential Business Information (CBI)
                                                  action because SIP approvals are                        BILLING CODE 6560–50–P
                                                                                                                                                                or other information whose disclosure is
                                                  exempted under Executive Order 12866;                                                                         restricted by statute. Multimedia
                                                    • does not impose an information                                                                            submissions (audio, video, etc.) must be
                                                  collection burden under the provisions                                                                        accompanied by a written comment.
                                                  of the Paperwork Reduction Act (44                                                                            The written comment is considered the
                                                  U.S.C. 3501 et seq.);                                                                                         official comment and should include


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                                                                       Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules                                            55969

                                                  discussion of all points you wish to                    transfer of authority for the UIC Class II            III. Statutory and Executive Order
                                                  make. EPA will generally not consider                   program to EPA would allow EPA to                     Reviews
                                                  comments or comment contents located                    issue Class II permits in Idaho. EPA                  A. Executive Order 12866: Regulatory
                                                  outside of the primary submission (i.e.,                would be responsible for the direct                   Planning and Review and Executive
                                                  on the Web, cloud, or other file sharing                implementation of the Class II                        Order 13563: Improving Regulation and
                                                  system).                                                underground injection program in                      Regulatory Review
                                                    For additional submission methods,                    Idaho, including permitting,
                                                  the full EPA public comment policy,                     compliance, and enforcement                             This action is not a significant
                                                  information about CBI or multimedia                     responsibilities, pursuant to the SDWA                regulatory action and was therefore not
                                                  submissions, and general guidance on                                                                          submitted to the Office of Management
                                                                                                          and federal UIC regulations.
                                                  making effective comments, please visit                                                                       and Budget (OMB) for review.
                                                  http://www2.epa.gov/dockets/                               This Federal Register document
                                                                                                          constitutes public notice of the transfer             B. Executive Order 13771: Reducing
                                                  commenting-epa-dockets.                                                                                       Regulations and Controlling Regulatory
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          of Idaho’s Class II program to EPA, as
                                                                                                          required by 40 CFR 145.34(a)(3). In this              Costs
                                                  Colin Dyroff, Drinking Water Protection
                                                  Division, Office of Ground Water and                    Federal Register document, EPA also                     This action is not expected to be an
                                                  Drinking Water (4606M), U.S.                            proposes to make conforming changes to                Executive Order 13771 regulatory action
                                                  Environmental Protection Agency, 1200                   its regulations to reflect such transfer.             because this action is not significant
                                                  Pennsylvania Ave. NW., Washington,                      40 CFR part 147 sets forth the applicable             under Executive Order 12866.
                                                  DC 20460; telephone number: (202)                       UIC programs for each of the states. This             C. Paperwork Reduction Act (PRA)
                                                  564–3149; fax number: (202) 564–3754;                   rule would update 40 CFR part 147,
                                                                                                                                                                  This action does not impose any new
                                                  email address: dyroff.colin@epa.gov; or                 subpart N, which currently lists Idaho
                                                                                                                                                                information collection burden under the
                                                  Evan Osborne, U.S. Environmental                        as having primacy over Class II, to
                                                                                                                                                                PRA. OMB has previously approved the
                                                  Protection Agency, Region 10, 1200 6th                  indicate that EPA will directly                       information collection activities
                                                  Ave., OCE–101, Seattle, Washington                      implement the Class II UIC program in                 contained in the existing regulations
                                                  98101; telephone number: (206) 553–                     Idaho. This transfer of authority will be             and has assigned OMB control number
                                                  1747; fax number: (206) 553–1762;                       effective upon publication of the final               2040–0042.
                                                  email address: osborne.evan@epa.gov.                    rule, revising such regulations, in the
                                                  SUPPLEMENTARY INFORMATION:                              Federal Register. Because the transfer                D. Regulatory Flexibility Act (RFA)
                                                  I. Why is EPA taking this action?                       and rulemaking will allow wells to be                    I certify that this action will not have
                                                                                                          permitted that were previously banned,                a significant economic impact on a
                                                     On August 25, 2017, EPA received a                   EPA finds that there is ‘‘good cause’’ to             substantial number of small entities
                                                  letter from the Idaho Department of                     make this rule, when final, effective                 under the RFA. In making this
                                                  Water Resources (IDWR), formally                        upon publication in the Federal                       determination, the impact of concern is
                                                  requesting that EPA transfer and                        Register. 5 U.S.C. 553(d)(1) and (3).                 any significant adverse economic
                                                  directly implement the Class II UIC                                                                           impact on small entities. An agency may
                                                  program in Idaho, pursuant to 40 CFR                    II. Legal Authorities                                 certify that a rule will not have a
                                                  145.34(a). Class II injection wells inject                                                                    significant economic impact on a
                                                  fluids (1) that are brought to the surface                 A state with an approved primacy
                                                                                                                                                                substantial number of small entities if
                                                  in connection with natural gas storage,                 program may voluntarily transfer UIC
                                                                                                                                                                the rule relieves regulatory burden, has
                                                  or oil or natural gas production; or (2)                program responsibilities to EPA,
                                                                                                                                                                no net burden or otherwise has a
                                                  for the purpose of enhanced oil or                      pursuant to 40 CFR 145.34(a). The                     positive economic effect on the small
                                                  natural gas recovery; or (3) for the                    regulations require that EPA provide                  entities subject to the rule. This rule
                                                  storage of hydrocarbons, which are                      notice of such transfer in the Federal                does not impose any requirements on
                                                  liquid at standard temperature and                      Register at least 30 days before the                  small entities; this action withdraws a
                                                  pressure. Idaho received primary                        transfer is to occur. 40 CFR 145.34(a)(3).            state program and therein transfers
                                                  implementation and enforcement                          The regulations do not provide for                    direct implementation of the Class II
                                                  authority (primacy) for Class I, II, III, IV,           opportunity to comment on whether to                  UIC program to EPA. We have therefore
                                                  and V injection wells under the Safe                    transfer, and accordingly, EPA is not                 concluded that this action will have no
                                                  Drinking Water Act, section 1422, on                    taking comment on such transfer.                      net regulatory burden for any directly
                                                  July 22, 1985. Idaho has since                                                                                regulated small entities.
                                                                                                             EPA’s regulations at 40 CFR part 147
                                                  maintained primacy for these injection
                                                                                                          set forth the applicable UIC programs                 E. Unfunded Mandates Reform Act
                                                  well classes in Idaho, including Class II.
                                                     Class II injection wells were banned                 for each of the states. This rule would               (UMRA)
                                                  in Idaho under the state’s regulations in               make ministerial revisions to these
                                                                                                                                                                  This action does not contain any
                                                  1985, when EPA originally approved                      regulations to reflect the transfer noticed
                                                                                                                                                                unfunded mandate as described in
                                                  Idaho primacy, and as a result, this ban                herein. Specifically, the rule would
                                                                                                                                                                UMRA, 2 U.S.C. 1531–1538, and does
                                                  was codified in EPA’s regulations.                      revise 40 CFR part 147, subpart N, to                 not significantly or uniquely affect small
                                                  However, in 2013, the state passed                      indicate that the Class II UIC program                governments. This rule does not impose
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                                                  legislation which allows these wells.                   for Idaho is to be directly implemented               any mandates on small entities; this
                                                  Although the state’s regulations now                    by EPA, and consists of the UIC program               action withdraws a state program and
                                                  allow Class II wells, Idaho has not                     requirements of 40 CFR parts 124, 144,                therein transfers direct implementation
                                                  issued any Class II permits because EPA                 146, and 148. EPA is taking comment                   of the Class II UIC program to EPA.
                                                  has not approved the change to Idaho’s                  only on these revisions.
                                                  approved Class II UIC program and the                                                                         F. Executive Order 13132: Federalism
                                                  wells remain banned under federal law;                                                                          This action does not have federalism
                                                  therefore, the state is not authorized to                                                                     implications. It will not have substantial
                                                  issue Class II permits. The voluntary                                                                         direct effects on the states, on the


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                                                  55970                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules

                                                  relationship between the national                       List of Subjects in 40 CFR Part 147                   Idaho is June 11, 1984. The effective
                                                  government and the states, or on the                      Environmental protection, Indian—                   date of the UIC program for Class II
                                                  distribution of power and                               lands, Intergovernmental relations,                   wells on non-Indian lands in Idaho is
                                                  responsibilities among the various                      Reporting and recordkeeping                           [date of publication of final rule in the
                                                  levels of government. This action                       requirements, Water supply.                           Federal Register].
                                                  contains no federal mandates for state                                                                        [FR Doc. 2017–24637 Filed 11–24–17; 8:45 am]
                                                  and local governments and does not                        Dated: November 6, 2017.
                                                                                                                                                                BILLING CODE 6560–50–P
                                                  impose any enforceable duties on state                  E. Scott Pruitt,
                                                  and local governments. This action                      Administrator.
                                                  merely withdraws a state program (at                      For the reasons set out in the                      FEDERAL COMMUNICATIONS
                                                  the voluntary request from Idaho) and                   preamble, Title 40 chapter 1 of the Code              COMMISSION
                                                  therein transfers implementation of the                 of Federal Regulations is proposed to be
                                                  Class II UIC program to EPA.                            amended as follows:                                   47 CFR Parts 51 and 52
                                                  G. Executive Order 13175: Consultation                  PART 147—STATE, TRIBAL, AND EPA-                      [WC Docket No. 17–244, WC Docket No.
                                                  and Coordination With Indian Tribal                     ADMINISTERED UNDERGROUND                              13–97; FCC 17–133]
                                                  Governments                                             INJECTION CONTROL PROGRAMS
                                                                                                                                                                Nationwide Number Portability;
                                                    This action does not have tribal
                                                                                                          ■  1. The authority citation for part 147             Numbering Policies for Modern
                                                  implications as specified in Executive
                                                                                                          is revised to read as follows:                        Communications
                                                  Order 13175. This action contains no
                                                  federal mandates for tribal governments                   Authority: 42 U.S.C. 300h et seq.; and 42           AGENCY:  Federal Communications
                                                  and does not impose any enforceable                     U.S.C. 6901 et seq.                                   Commission.
                                                  duties on tribal governments. Thus,                                                                           ACTION: Proposed rule.
                                                  Executive Order 13175 does not apply                    Subpart N—Idaho
                                                  to this action.                                         ■ 2. Amend § 147.650 by revising the                  SUMMARY:    In this document, the
                                                                                                          section heading and the introductory                  Commission seeks comment on how
                                                  H. Executive Order 13045: Protection of
                                                                                                          paragraph to read as follows:                         best to move toward complete
                                                  Children From Environmental Health
                                                                                                                                                                nationwide number portability (NNP) to
                                                  and Safety Risks                                        § 147.650 State-administered program—                 promote competition among all service
                                                    The EPA interprets Executive Order                    Class I, III, IV, and V wells.                        providers. The NPRM proposes to
                                                  13045 as applying only to those                           The UIC program for Class I, III, IV,               eliminate the N–1 query requirement,
                                                  regulatory actions that concern                         and V wells in the state of Idaho, other              and also proposes to forbear from the
                                                  environmental health or safety risks that               than those on Indian lands, is the                    dialing parity requirements for
                                                  the EPA has reason to believe may                       program administered by the Idaho                     competitive LECs that remain after the
                                                  disproportionately affect children, per                 Department of Water Resources,                        2015 USTelecom Forbearance Order as
                                                  the definition of ‘‘covered regulatory                  approved by EPA pursuant to section                   they apply to interexchange services.
                                                  action’’ in section 2–202 of the                        1422 of the Safe Drinking Water Act.                  The NPRM asserts these changes will
                                                  Executive Order. This action is not                     Notice of this approval was published in              remove regulatory barriers to NNP and
                                                  subject to Executive Order 13045                        the Federal Register on June 7, 1985;                 better reflect the competitive realities of
                                                  because it transfers a state program.                   the effective date of this program is July            today’s marketplace. The NOI seeks to
                                                                                                          22, 1985. This program consists of the                refresh the record in the 2013 Future of
                                                  I. Executive Order 13211: Actions                       following elements, as submitted to EPA
                                                  Concerning Regulations That                                                                                   Numbering NOI. It also seeks comment
                                                                                                          in Idaho’s program application. Note:                 on four NNP models proposed by ATIS:
                                                  Significantly Affect Energy Supply,                     because EPA subsequently transferred
                                                  Distribution, or Use                                                                                          Nationwide implementation of local
                                                                                                          the Class II UIC program from the Idaho               routing numbers (LRNs); non-
                                                     This action is not subject to Executive              Department of Water Resources to EPA,                 Geographic LRNs (NGLRNs);
                                                  Order 13211, because it is not a                        references to Class II in the following               commercial agreements; and iconectiv’s
                                                  significant regulatory action under                     elements are no longer relevant or                    GR–2982–CORE. The NOI finally seeks
                                                  Executive Order 12866.                                  applicable for federal UIC purposes.                  comment on the implications of these
                                                  J. National Technology Transfer and                     *      *    *      *    *                             proposals as they relate to public safety,
                                                  Advancement Act                                         ■ 3. Amend § 147.651 by revising the                  access by individuals with disabilities,
                                                                                                          section heading and paragraphs (a) and                tariffs, and intercarrier compensation.
                                                     This rulemaking does not involve                     (b) to read as follows:
                                                  technical standards.                                                                                          DATES: Comments are due on or before
                                                                                                          § 147.651 EPA-administered program—                   December 27, 2017, and reply comments
                                                  K. Executive Order 12898: Federal                       Class II wells and all wells on Indian lands.         are due on or before January 26, 2018.
                                                  Actions To Address Environmental                          (a) Contents. EPA administers the UIC               Written comments on the Paperwork
                                                  Justice in Minority Populations and                     program for all classes of wells on                   Reduction Act proposed information
                                                  Low-Income Populations                                  Indian lands and for Class II wells on                collection requirements must be
                                                    The EPA has determined that this                      non-Indian lands in the state of Idaho.               submitted by the public, Office of
pmangrum on DSK3GDR082PROD with PROPOSALS1




                                                  action is not subject to Executive Order                This program consists of the UIC                      Management and Budget (OMB), and
                                                  12898 (59 FR 7629, February 16, 1994)                   program requirements of 40 CFR parts                  other interested parties on or before
                                                  because it does not establish an                        124, 144, 146, 148, and any additional                January 26, 2018.
                                                  environmental health or safety standard.                requirements set forth in the remainder               ADDRESSES: You may submit comments,
                                                  This rule does not impose any health or                 of this subpart. Injection well owners                identified by both WC Docket No. 17–
                                                  safety standards; this action transfers a               and operators, and EPA shall comply                   244, and WC Docket No. 13–97 by any
                                                  state program and therein transfers                     with these requirements.                              of the following methods:
                                                  direct implementation of the Class II                     (b) Effective dates. The effective date                • Federal Communications
                                                  UIC program to EPA.                                     of the UIC program for Indian lands in                Commission’s Web site: http://


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Document Created: 2017-11-25 01:08:48
Document Modified: 2017-11-25 01:08:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before January 11, 2018. A public hearing will be held only if there is significant public interest. Request for a public hearing will be accepted until December 12, 2017. Only if requested, a public hearing will be held on January 8, 2018, from 2 p.m. to 5 p.m., at the Banner Bank Building, 950 W. Bannock Street, Boise, Idaho. Requests for a public hearing may be mailed to: Evan Osborne, U.S. Environmental Protection Agency, Region 10, 1200 6th Ave., OCE-101, Seattle, Washington 98101. For additional information regarding the public hearing, please contact Evan Osborne (206) 553-1747 or [email protected]
ContactColin Dyroff, 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) 564-3149; fax number:
FR Citation82 FR 55968 
CFR AssociatedEnvironmental Protection; Indian-Lands; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Water Supply

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