83 FR 36433 - 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 83, Issue 146 (July 30, 2018)

The Environmental Protection Agency (EPA) is issuing a final rule to amend its Underground Injection Control (UIC) regulations to reflect the transfer of the state of Idaho's UIC program for Class II injection wells from Idaho to the EPA. Idaho submitted a formal request that the EPA transfer and directly implement the Class II UIC Program. Idaho will maintain primacy for Class I, III, IV, and V injection wells pursuant to their program approved by the EPA in 1985.

[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Rules and Regulations]
[Pages 36433-36435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16245]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2017-0584; FRL-9981-56-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a final 
rule to amend its Underground Injection Control (UIC) regulations to 
reflect the transfer of the state of Idaho's UIC program for Class II 
injection wells from Idaho to the EPA. Idaho submitted a formal request 
that the EPA transfer and directly implement the Class II UIC Program. 
Idaho will maintain primacy for Class I, III, IV, and V injection wells 
pursuant to their program approved by the EPA in 1985.

DATES: This rule is effective July 30, 2018. For judicial purposes, 
this final rule is promulgated as of July 30, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OW-2017-0584. 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., CBI 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: 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 the EPA taking this action?

    On August 25, 2017, the EPA received a letter from the Idaho 
Department of Water Resources (IDWR), formally requesting that the EPA 
transfer and directly implement the Class II UIC program in Idaho, 
pursuant to the Code of Federal Regulations (CFR) at 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.
    The voluntary transfer of authority for the UIC Class II program to 
the EPA will allow the EPA to issue Class II permits in Idaho. The EPA 
will be responsible for the direct implementation of the Class II 
underground injection control program in Idaho, including permitting, 
compliance, and enforcement responsibilities, pursuant to the SDWA and 
federal UIC regulations.
    On November 27, 2017, the EPA published a Federal Register proposed 
rule (82 FR 55968), providing notice of the transfer of Idaho's UIC 
program for Class II injection wells from Idaho to the EPA and 
concurrently issuing a proposed rule to amend EPA's UIC regulations to 
reflect such transfer. The EPA stated that if requested, a public 
hearing would be held. After receiving multiple hearing requests, the 
EPA held the public hearing on January 8, 2018, in the city of Boise, 
Idaho, as detailed in the proposed rule. At the public hearing, and 
during the 45-day comment period, which ended on January 11, 2018, the 
EPA received 414 comments from 387 individual commenters. The EPA has 
reviewed all public testimony and comments on the proposed rule and has 
determined that the revisions to 40 CFR part 147 will be finalized in 
this rule as originally proposed.

II. Legal Authorities

    A state with an approved primacy program may voluntarily transfer 
UIC program responsibilities to the EPA, pursuant to 40 CFR 145.34(a). 
The regulations require that the 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 EPA published a Federal Register proposed rule 
(82 FR 55968) on November 27, 2017, containing that notice. The 
regulations do not provide

[[Page 36434]]

for opportunity to comment on whether to transfer, and accordingly, the 
EPA did not take 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 makes ministerial revisions 
to these regulations to reflect the transfer. Specifically, the rule 
revises 40 CFR part 147, subpart N, to indicate that the Class II UIC 
program for Idaho is to be directly implemented by the EPA and consists 
of the UIC program requirements of 40 CFR parts 124, 144, 146, and 148. 
The EPA took comment only on these revisions.
    Section 553(d) of the Administrative Procedure Act, 5. U.S.C. 
553(d), provides that the effective date of a substantive rule must be 
at least 30 days after publication of the rule in the Federal Register, 
except ``as otherwise provided by the agency for good cause.'' The EPA 
has determined that there is good cause for making this final rule 
effective immediately upon publication because the transfer of primacy 
back to the EPA simply returns direct implementation and enforcement 
authority of the UIC Program for Class II wells in Idaho to the EPA. 
There are currently no Class II permits in effect in Idaho and, 
therefore, there is no need to transfer or reissue any existing state-
issued Class II UIC permits as federal Class II UIC permits. The EPA 
finds that this constitutes good cause under 5 U.S.C. 553(d).

III. Public Comments Received on the Proposed Rule and EPA's Response 
to Comments

    On November 27, 2017, the EPA issued a proposed rule (82 FR 55968) 
and requested public comment. The public comment period was open for 45 
days and ended on January 11, 2018. The EPA received 414 comments from 
387 individual commenters, including comments given at the January 8, 
2018, public hearing as well as one comment submitted after the close 
of the public comment period. Of these comments, only a minority were 
identified as containing material that was determined to be within the 
scope of the proposed rule revision. The comments the EPA received and 
EPA's responses are available in EPA's Docket No. EPA-HQ-OW-2017-0584.

IV. 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.

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 the 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 the 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 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 the 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 & 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 (NTTAA)

    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 the EPA.

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. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if

[[Page 36435]]

the agency makes a good cause finding. The EPA has made a good cause 
finding for making this final rule effective immediately upon 
publication, per section 553(d)(3) of the Administrative Procedure Act, 
5. U.S.C. 553(d)(3), as discussed in section II, including the basis 
for that finding.

List of Subjects in 40 CFR Part 147

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

    Dated: July 24, 2018.
Andrew R. Wheeler,
Acting 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 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. In Sec.  147.650 revise the section heading and the introductory 
text 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 the 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 the EPA in Idaho's program 
application. Note: Because the EPA subsequently transferred the Class 
II UIC program from the Idaho Department of Water Resources to the EPA, 
references to Class II in the following elements are no longer relevant 
or applicable for federal UIC purposes.
* * * * *

0
3. Revise Sec.  147.651 to read as follows:


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

    (a) Contents. The 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 the 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 July 30, 
2018.

[FR Doc. 2018-16245 Filed 7-27-18; 8:45 am]
 BILLING CODE 6560-50-P