83 FR 17758 - State of North Dakota Underground Injection Control Program; Class VI Primacy Approval
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 79 (April 24, 2018)
Federal Register Volume 83, Issue 79 (April 24, 2018)
| Page Range | 17758-17761 | |
| FR Document | 2018-08425 |
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)] [Rules and Regulations] [Pages 17758-17761] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08425] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 147 [EPA-HQ-OW-2013-0280; FRL-9976-92-OW] State of North Dakota Underground Injection Control Program; Class VI Primacy Approval AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is hereby 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 within Indian lands. DATES: This regulation is effective April 24, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of April 24, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OW-2013-0280. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. 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 Craig Boomgaard, Underground Injection Control Unit, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, MSC 8WP-SUI, Denver, Colorado 80202; telephone number: (303) 312-6794; 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 September 21, 1984, and Class II injection wells under SDWA section 1425 on May 11, 1984. The state of North Dakota has applied to the EPA under SDWA section 1422, 42 U.S.C. 300h- 1, for primacy for Class VI injection wells, except within 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 [[Page 17759]] this review, the EPA is approving the state of North Dakota's application because it 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. III. 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, enforcement authority, and information sharing. IV. 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 notice 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 notice announcing North Dakota's Underground Injection Control Program Revision was published in the Federal Register (78 FR 48639) and in the Bismarck Tribune. This notice 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. V. Public Comments Received on the Proposed Rule and EPA's Response to Comments On May 19, 2017, EPA issued a proposed rulemaking (82 FR 22949) and requested public comment. The public comment period was open for 60 days and ended on July 18, 2017. The EPA received comments from 15 individual commenters. Of these 15 commenters, 11 submitted comments in support of the rule; 1 commenter submitted a comment outside the scope of the rule; and 3 commenters submitted 13 comments asserting that certain provisions in North Dakota's regulations do not meet the federal requirements. After close consideration of these 13 comments, the EPA resolved 11 in its response and determined 2 to be outside the scope of the rule. The comments EPA received and EPA's responses are available in EPA's Docket No. EPA-HQ-OW-2013-0280. VI. EPA's Approval In this action, the EPA is approving the state of North Dakota's Class VI UIC program; hereby, the state will assume primary enforcement responsibility (primacy) for regulating Class VI injection wells in the state, except within Indian lands. Support of this action is part of the public record in EPA's Docket No. EPA-HQ-OW-2013-0280. This action amends 40 CFR part 147 and incorporates by reference the EPA-approved state statutes and regulations. The EPA will continue to administer the UIC program for all well classes within 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 are 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 incorporating by reference a binder that contains the EPA-approved North Dakota Statutes and Regulations for Well Classes I, III, IV, V and VI. This binder is incorporated by reference into Sec. 147.1751 and is available at http://www.regulations.gov in the docket for this rule. A complete list of the contents of the binder ``EPA-approved North Dakota SDWA Sec. 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI'' is codified as Table 1 to paragraph (a) in that section. 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 CFR 144.8. 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. VII. Effective Date This final rule is effective immediately upon publication. Section 553(d) of the Administrative Procedure Act (``APA''), 5 U.S.C. 553(d), provides that final rules shall not become effective until 30 days after publication in the Federal Register, ``except . . . as otherwise provided by the agency for good cause,'' among other exceptions. The purpose of this provision is to ``give affected parties a reasonable time to adjust their behavior before the final [[Page 17760]] rule takes effect.'' Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). Thus, in determining whether good cause exists to waive the 30-day delay, an agency should ``balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling.'' Gavrilovic, 551 F.2d at 1105. EPA has determined that there is good cause for making this final rule effective immediately because 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. At this time, there are no federally permitted Class VI wells in North Dakota. As a result, there are no current permittees that need time to prepare for this rule and any prospective permittees will benefit from the regulatory certainty that an immediate effective date will provide. This final rule will not require affected persons to take action or change behavior to come into compliance within the next 30 days. Furthermore, several prospective applicants are waiting for the state of North Dakota to receive primacy before submitting their permit applications. For these reasons, the EPA finds that good cause exists under section 553(d)(3) to make this rule effective immediately upon publication. VIII. 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 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. Reporting or recordkeeping requirements will be based on the state of North Dakota UIC Regulations, and the state of North Dakota is not subject to the PRA. 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 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. 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. 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. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. 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 approves 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 and 1 CFR Part 51 This rulemaking does not involve technical standards. The binder, ``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, is described in greater detail in Section VI of this preamble. The material is reasonably available through the rulemaking docket on www.regulations.gov and from the EPA. 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 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. L. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 147 Environmental protection, Incorporation by reference, Indian-- lands, Intergovernmental relations, [[Page 17761]] Reporting and recordkeeping requirements, Water supply. Dated: April 10, 2018. E. Scott Pruitt, Administrator. For the reasons set out in the preamble, the Environmental Protection Agency amends 40 CFR part 147 as follows: PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION CONTROL PROGRAMS 0 1. The authority citation for part 147 continues to read as follows: Authority: 42 U.S.C. 300h-4. 0 2. In Sec. 147.1751: 0 a. Revise the section heading, the introductory text, paragraph (a), and paragraph (b) introductory text. 0 b. Add paragraphs (e) through (h). The revisions and additions 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 the EPA pursuant to SDWA section 1422. Notification 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. Notification of this approval was published in the Federal Register on April 24, 2018; the effective date of this program is April 24, 2018. This program consists of the following elements, as submitted to the EPA in the state's program revision application. (a) 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 listed in Table 1 to paragraph (a) of this section, are 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/cfr/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 Regulation, Development and 1980 September 21, 1984, 49 FR 38-12-01--38-12-03. Production of Subsurface 37066. Minerals. North Dakota Century Code Sections Control, Prevention and 1989 March 6, 1991, 56 FR 9418. 61-28-02 and 61-28-06. Abatement of Pollution of Surface Waters. North Dakota Administrative Code Underground Injection 1983 September 21, 1984, 49 FR Sections 33-25-01-01--33-25-01-18. Control Program. 37066. North Dakota Administrative Code Subsurface Mineral 1986 March 6, 1991, 56 FR 9418. Sections 43-02-02-01-43-02-02-50. Exploration and Development. North Dakota Administrative Code Underground Injection 1984 September 21, 1984, 49 FR Sections 43-02-02.1-01--43-02-02.2- Control Program. 37066. 19. North Dakota Century Code Sections Carbon Dioxide Underground 2009 April 24, 2018, [Insert 38-22-01--38-22-23. Storage. Federal Register citation]. North Dakota Administrative Code Control of Oil and Gas 2013 April 24, 2018, [Insert Sections 38-08-16--38-08-17. Resources. Federal Register citation]. North Dakota Administrative Code Geologic Storage of Carbon 2013 April 24, 2018, [Insert Sections 43-05-01-01--43-05-01-20. Dioxide. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- \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. (b) The following statutes and regulations, although not incorporated by reference, also are part of the approved State- administered program: * * * * * (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. (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. (g) The 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. (h) The Class VI Program Description and any other materials submitted as part of the program revision or as supplements thereto. [FR Doc. 2018-08425 Filed 4-23-18; 8:45 am] BILLING CODE 6560-50-P
![17758 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations
Order 13771 (82 FR 9339, February 2, to disapprove a state submission for ACTION: Final rule.
2017) regulatory action because SIP failure to use VCS. It would thus be
approvals are exempted under inconsistent with applicable law for SUMMARY: The Environmental Protection
Executive Order 12866. This action is EPA when it reviews a state submission, Agency (EPA) is hereby approving an
also not subject to Executive Order to use VCS in place of a state application from the state of North
13211, ‘‘Actions Concerning Regulations submission that otherwise satisfies the Dakota under the Safe Drinking Water
That Significantly Affect Energy Supply, provisions of the CAA. Thus, the Act (SDWA) to implement an
Distribution, or Use’’ (66 FR 28355, May requirements of section 12(d) of the underground injection control (UIC)
22, 2001). This action merely approves National Technology Transfer and program for Class VI injection wells
state law as meeting Federal Advancement Act of 1995 (15 U.S.C. located within the state, except within
requirements and imposes no additional 272 note) do not apply. This action does Indian lands.
requirements beyond those imposed by not impose an information collection DATES: This regulation is effective April
state law. Accordingly, the burden under the provisions of the 24, 2018. The incorporation by reference
Administrator certifies that this Paperwork Reduction Act of 1995 (44 of certain publications listed in the rule
rulemaking will not have a significant U.S.C. 3501 et seq.). Burden is defined is approved by the Director of the
economic impact on a substantial at 5 CFR 1320.3(b). Federal Register as of April 24, 2018.
number of small entities under the ADDRESSES: The EPA has established a
Regulatory Flexibility Act (5 U.S.C. 601 List of Subjects in 40 CFR Part 62
docket for this action under Docket ID
et seq.). Because this rulemaking would Environmental protection, No. EPA–HQ–OW–2013–0280. All
approve pre-existing requirements Administrative practice and procedure, documents in the docket are listed on
under state law and does not impose Air pollution control, Hospital, medical, the http://www.regulations.gov website.
any additional enforceable duty beyond and infectious incineration units, Although listed in the index, some
that required by state law, it does not Intergovernmental relations, Reporting information is not publicly available,
contain any unfunded mandate or and recordkeeping requirements. e.g., Confidential Business Information
significantly or uniquely affect small Dated: April 16, 2018. or other information whose disclosure is
governments, as described in the restricted by statute. Certain other
Karen A. Flournoy,
Unfunded Mandates Reform Act of 1995 material, such as copyrighted material,
Acting Regional Administrator, Region 7.
(Pub. L. 104–4). is not placed on the internet and will be
The SIP is not approved to apply on For the reasons stated in the
publicly available only in hard copy
any Indian reservation land or in any preamble, EPA amends 40 CFR part 62
form. Publicly available docket
other area where EPA or an Indian tribe as set forth below:
materials are available electronically
has demonstrated that a tribe has through http://www.regulations.gov.
jurisdiction. In those areas of Indian PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS FOR FURTHER INFORMATION CONTACT: Lisa
country, the rule does not have tribal
implications and will not impose FOR DESIGNATED FACILITIES AND McWhirter, Drinking Water Protection
substantial direct costs on tribal POLLUTANTS Division, Office of Ground Water and
governments or preempt tribal law as Drinking Water (4606M), U.S.
■ 1. The authority citation for part 62 Environmental Protection Agency, 1200
specified by Executive Order 13175 (65
continues to read as follows: Pennsylvania Ave. NW, Washington, DC
FR 67249, November 9, 2000).
This action also does not have Authority: 42 U.S.C. 7401 et seq. 20460; telephone number: (202) 564–
Federalism implications because it does 2317; fax number: (202) 564–3754;
not have substantial direct effects on the Subpart AA—Missouri email address: mcwhirter.lisa@epa.gov
States, on the relationship between the or Craig Boomgaard, Underground
■ 2. Amend § 62.6358 by adding Injection Control Unit, U.S.
national government and the States, or
paragraph (e) to read as follows: Environmental Protection Agency,
on the distribution of power and
responsibilities among the various § 62.6358 Identification of plan. Region 8, 1595 Wynkoop Street, MSC
levels of government, as specified in 8WP–SUI, Denver, Colorado 80202;
* * * * *
Executive Order 13132 (64 FR 43255, (e) Amended plan. Submitted by the telephone number: (303) 312–6794; fax
August 10, 1999). Thus Executive Order Missouri Department of Natural number: (303) 312–7084; email address:
13132 does not apply to this action. Resources on July 3, 2014 and August 8, boomgaard.craig@epa.gov.
This action merely approves a state rule 2011. The effective date of the amended SUPPLEMENTARY INFORMATION:
implementing a Federal standard, and plan is May 24, 2018. I. Introduction
does not alter the relationship or the
[FR Doc. 2018–08536 Filed 4–23–18; 8:45 am]
distribution of power and The state of North Dakota received
BILLING CODE 6560–50–P
responsibilities established in the CAA. primary enforcement responsibility
This rulemaking also is not subject to (primacy) for Class I, III, IV and V
Executive Order 13045, ‘‘Protection of injection wells under SDWA section
ENVIRONMENTAL PROTECTION
Children from Environmental Health 1422 on September 21, 1984, and Class
AGENCY
Risks and Safety Risks’’ (62 FR 19885, II injection wells under SDWA section
April 23, 1997) because it approves a 40 CFR Part 147 1425 on May 11, 1984. The state of
state rule implementing a Federal North Dakota has applied to the EPA
standard. [EPA–HQ–OW–2013–0280; FRL–9976–92– under SDWA section 1422, 42 U.S.C.
jstallworth on DSKBBY8HB2PROD with RULES
In reviewing SIP submissions, EPA’s OW] 300h–1, for primacy for Class VI
role is to approve state choices, injection wells, except within Indian
State of North Dakota Underground
provided that they meet the criteria of lands. This action is based on a legal
Injection Control Program; Class VI
the CAA. In this context, in the absence and technical review of the state of
Primacy Approval
of a prior existing requirement for the North Dakota’s application as directed
State to use voluntary consensus AGENCY: Environmental Protection in the Code of Federal Regulations
standards (VCS), EPA has no authority Agency (EPA). (CFR) at 40 CFR part 145. As a result of
VerDate Sep<11>2014 14:18 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\24APR1.SGM 24APR1](https://thefederalregister.org/doc/83_FR_17837/page/1.svg)
![Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations 17761
Reporting and recordkeeping except those located on Indian lands, is paragraph (a) of this section, are
requirements, Water supply. the program administered by the North incorporated by reference and made a
Dated: April 10, 2018. Dakota Department of Health, approved part of the applicable UIC program
E. Scott Pruitt, by the EPA pursuant to SDWA section under SDWA for the state of North
1422. Notification of this approval was Dakota. The Director of the Federal
Administrator.
published in the Federal Register on Register approves this incorporation by
For the reasons set out in the September 21, 1984; the effective date of reference in accordance with 5 U.S.C.
preamble, the Environmental Protection this program is October 5, 1984. The 552(a) and 1 CFR part 51. Copies of the
Agency amends 40 CFR part 147 as UIC Program for Class VI wells in the North Dakota regulations that are
follows: state of North Dakota, except those incorporated by reference in paragraph
located on Indian lands, is the program (a) of this section may be inspected at
PART 147—STATE, TRIBAL, AND EPA- administered by the North Dakota the U.S. Environmental Protection
ADMINISTERED UNDERGROUND Industrial Commission, approved by the
INJECTION CONTROL PROGRAMS Agency, Region 8, Library 2nd Floor,
EPA pursuant to SDWA section 1422. 1595 Wynkoop Street, Denver, Colorado
■ 1. The authority citation for part 147 Notification of this approval was 80202; Water Docket, EPA Docket
continues to read as follows: published in the Federal Register on Center (EPA/DC) EPA West, Room 3334,
April 24, 2018; the effective date of this 1301 Constitution Ave. NW,
Authority: 42 U.S.C. 300h–4. program is April 24, 2018. This program Washington, DC 20460; and the
■ 2. In § 147.1751: consists of the following elements, as National Archives and Records
■ a. Revise the section heading, the submitted to the EPA in the state’s Administration (NARA). If you wish to
introductory text, paragraph (a), and program revision application. obtain materials from the EPA Regional
paragraph (b) introductory text. Office, please call (303) 312–1226; for
(a) The requirements set forth in the
■ b. Add paragraphs (e) through (h).
The revisions and additions read as state statutes and regulations cited in materials from a docket in the EPA
follows: the binder entitled ‘‘EPA-Approved Headquarters Library, please call the
North Dakota SDWA § 1422 Water Docket at (202) 566–2426. For
§ 147.1751 State-administered program— Underground Injection Control Program information on the availability of this
Class I, III, IV, V and VI wells. Statutes and Regulations for Well material at NARA, call (202) 741–6030,
The UIC program for Class I, III, IV Classes I, III, IV, V and VI,’’ dated or go to http://www.archives.gov/
and V wells in the state of North Dakota, December 2013, and listed in Table 1 to federal-register/cfr/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
State citation Title/subject effective EPA approval date 1
date
North Dakota Century Code Sections 38– Regulation, Development and Produc- 1980 September 21, 1984, 49 FR 37066.
12–01—38–12–03. tion of Subsurface Minerals.
North Dakota Century Code Sections 61– Control, Prevention and Abatement of 1989 March 6, 1991, 56 FR 9418.
28–02 and 61–28–06. Pollution of Surface Waters.
North Dakota Administrative Code Sec- Underground Injection Control Program 1983 September 21, 1984, 49 FR 37066.
tions 33–25–01–01—33–25–01–18.
North Dakota Administrative Code Sec- Subsurface Mineral Exploration and De- 1986 March 6, 1991, 56 FR 9418.
tions 43–02–02–01–43–02–02–50. velopment.
North Dakota Administrative Code Sec- Underground Injection Control Program 1984 September 21, 1984, 49 FR 37066.
tions 43–02–02.1–01—43–02–02.2–19.
North Dakota Century Code Sections 38– Carbon Dioxide Underground Storage ... 2009 April 24, 2018, [Insert Federal Register
22–01—38–22–23. citation].
North Dakota Administrative Code Sec- Control of Oil and Gas Resources ......... 2013 April 24, 2018, [Insert Federal Register
tions 38–08–16—38–08–17. citation].
North Dakota Administrative Code Sec- Geologic Storage of Carbon Dioxide ...... 2013 April 24, 2018, [Insert Federal Register
tions 43–05–01–01—43–05–01–20. citation].
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.
(b) The following statutes and Department of Mineral Resources, Oil (h) The Class VI Program Description
regulations, although not incorporated and Gas Division and the North Dakota and any other materials submitted as
by reference, also are part of the Department of Health, Water Quality part of the program revision or as
approved State-administered program: Division, Related to the Underground supplements thereto.
* * * * * Injection Control Program signed on [FR Doc. 2018–08425 Filed 4–23–18; 8:45 am]
(e) The Memorandum of Agreement June 19, 2013. BILLING CODE 6560–50–P
jstallworth on DSKBBY8HB2PROD with RULES
between EPA Region VIII and the North (g) The statement of legal authority,
Dakota Industrial Commission, signed ‘‘Class VI Underground Injection
by the EPA Regional Administrator on Control Program, Attorney General’s
October 28, 2013. Statement,’’ signed by the Attorney
(f) The Memorandum of
General of North Dakota on January 22,
Understanding between the North
2013.
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Document Created: 2018-04-24 00:39:19
Document Modified: 2018-04-24 00:39:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This regulation is effective April 24, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of April 24, 2018. | |
| 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 | 83 FR 17758 | |
| CFR Associated | Environmental Protection; Incorporation by Reference; Indian-Lands; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Water Supply |
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