83_FR_36579 83 FR 36433 - State of Idaho Voluntary Transfer of Primacy of the Class II Underground Injection Control Program to the Environmental Protection Agency

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)

Page Range36433-36435
FR Document2018-16245

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 Issue 146 (Monday, July 30, 2018)
[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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



                                                                 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations                                            36433

                                                (1) Thunder on the Niagara                            ENVIRONMENTAL PROTECTION                              Water Resources (IDWR), formally
                                             Hydroplane Boat Races, North                             AGENCY                                                requesting that the EPA transfer and
                                             Tonawanda, NY; The safety zone listed                                                                          directly implement the Class II UIC
                                             in 33 CFR 165.939(c)(4) will be enforced                 40 CFR Part 147                                       program in Idaho, pursuant to the Code
                                             from 9 a.m. to 6 p.m. on August 4, 2018,                 [EPA–HQ–OW–2017–0584; FRL–9981–56–                    of Federal Regulations (CFR) at 40 CFR
                                             until August 5, 2018.                                    OW]                                                   145.34(a). Class II injection wells inject
                                                                                                                                                            fluids (1) that are brought to the surface
                                                (2) D-Day Conneaut, Conneaut, OH;
                                                                                                      State of Idaho Voluntary Transfer of                  in connection with natural gas storage,
                                             The safety zone listed in 33 CFR                                                                               or oil or natural gas production; or (2)
                                                                                                      Primacy of the Class II Underground
                                             165.939(c)(2) will be enforced from 9                                                                          for the purpose of enhanced oil or
                                                                                                      Injection Control Program to the
                                             a.m. to 5 p.m. on August 17, 2018, until                                                                       natural gas recovery; or (3) for the
                                                                                                      Environmental Protection Agency
                                             August 18, 2018.                                                                                               storage of hydrocarbons, which are
                                                (3) Madison Township Light up the                     AGENCY:  Environmental Protection                     liquid at standard temperature and
                                             Park, Madison, OH; The safety zone                       Agency (EPA).                                         pressure. Idaho received primary
                                             listed in 33 CFR 165.939(d)(1) will be                   ACTION: Final rule.                                   implementation and enforcement
                                             enforced from 9:15 p.m. to 10:15 p.m.                                                                          authority (primacy) for Class I, II, III, IV,
                                                                                                      SUMMARY:    The Environmental Protection              and V injection wells under the Safe
                                             on September 2, 2018.                                    Agency (EPA) is issuing a final rule to               Drinking Water Act, section 1422, on
                                                (4) Cleveland National Air Show,                      amend its Underground Injection                       July 22, 1985. Idaho has since
                                             Cleveland, OH; The safety zone listed in                 Control (UIC) regulations to reflect the              maintained primacy for these injection
                                             33 CFR 165.939(d)(2) will be enforced                    transfer of the state of Idaho’s UIC                  well classes.
                                             daily from 9 a.m. to 6 p.m. August 30—                   program for Class II injection wells from                The voluntary transfer of authority for
                                             September 3, 2018.                                       Idaho to the EPA. Idaho submitted a                   the UIC Class II program to the EPA will
                                                (5) Head of the Cuyahoga, Cleveland,                  formal request that the EPA transfer and              allow the EPA to issue Class II permits
                                             OH; The safety zone listed in 33 CFR                     directly implement the Class II UIC                   in Idaho. The EPA will be responsible
                                             165.939(d)(3) will be enforced from 6:45                 Program. Idaho will maintain primacy                  for the direct implementation of the
                                             a.m. to 4:15 p.m. on September 15,                       for Class I, III, IV, and V injection wells           Class II underground injection control
                                                                                                      pursuant to their program approved by                 program in Idaho, including permitting,
                                             2018.
                                                                                                      the EPA in 1985.                                      compliance, and enforcement
                                                Pursuant to 33 CFR 165.23, entry into,                DATES: This rule is effective July 30,                responsibilities, pursuant to the SDWA
                                             transiting, or anchoring within the                      2018. For judicial purposes, this final               and federal UIC regulations.
                                             safety zone during an enforcement                        rule is promulgated as of July 30, 2018.                 On November 27, 2017, the EPA
                                             period is prohibited unless authorized                                                                         published a Federal Register proposed
                                                                                                      ADDRESSES: The EPA has established a
                                             by the Captain of the Port Buffalo or his                docket for this action under Docket ID                rule (82 FR 55968), providing notice of
                                             designated representative. Those                         No. EPA–HQ–OW–2017–0584. All                          the transfer of Idaho’s UIC program for
                                             seeking permission to enter the safety                   documents in the docket are listed on                 Class II injection wells from Idaho to the
                                             zone may request permission from the                     the http://www.regulations.gov website.               EPA and concurrently issuing a
                                             Captain of Port Buffalo via channel 16,                  Although listed in the index, some                    proposed rule to amend EPA’s UIC
                                             VHF–FM. Vessels and persons granted                      information is not publicly available,                regulations to reflect such transfer. The
                                             permission to enter the safety zone shall                e.g., CBI or other information whose                  EPA stated that if requested, a public
                                             obey the directions of the Captain of the                disclosure is restricted by statute.                  hearing would be held. After receiving
                                             Port Buffalo or his designated                           Certain other material, such as                       multiple hearing requests, the EPA held
                                             representative. While within a safety                    copyrighted material, is not placed on                the public hearing on January 8, 2018,
                                             zone, all vessels shall operate at the                   the internet and will be publicly                     in the city of Boise, Idaho, as detailed
                                             minimum speed necessary to maintain a                    available only in hard copy form.                     in the proposed rule. At the public
                                             safe course.                                             Publicly available docket materials are               hearing, and during the 45-day
                                                                                                      available electronically through http://              comment period, which ended on
                                                This notice of enforcement is issued                                                                        January 11, 2018, the EPA received 414
                                             under authority of 33 CFR 165.939 and                    www.regulations.gov.
                                                                                                                                                            comments from 387 individual
                                             5 U.S.C. 552(a). In addition to this                     FOR FURTHER INFORMATION CONTACT:                      commenters. The EPA has reviewed all
                                             notice of enforcement in the Federal                     Colin Dyroff, Drinking Water Protection               public testimony and comments on the
                                             Register, the Coast Guard will provide                   Division, Office of Ground Water and                  proposed rule and has determined that
                                             the maritime community with advance                      Drinking Water (4606M), U.S.                          the revisions to 40 CFR part 147 will be
                                             notification of this enforcement period                  Environmental Protection Agency, 1200                 finalized in this rule as originally
                                             via Broadcast Notice to Mariners or                      Pennsylvania Ave. NW, Washington, DC                  proposed.
                                             Local Notice to Mariners. If the Captain                 20460; telephone number: (202) 564–
                                             of the Port Buffalo determines that the                  3149; fax number: (202) 564–3754;                     II. Legal Authorities
                                             safety zone need not be enforced for the                 email address: dyroff.colin@epa.gov; or                  A state with an approved primacy
                                             full duration stated in this notice he or                Evan Osborne, U.S. Environmental                      program may voluntarily transfer UIC
                                             she may use a Broadcast Notice to                        Protection Agency, Region 10, 1200 6th                program responsibilities to the EPA,
                                             Mariners to grant general permission to                  Ave., OCE–101, Seattle, Washington                    pursuant to 40 CFR 145.34(a). The
                                             enter the respective safety zone.                        98101; telephone number: (206) 553–                   regulations require that the EPA provide
                                                                                                      1747; fax number: (206) 553–1762;                     notice of such transfer in the Federal
daltland on DSKBBV9HB2PROD with RULES




                                               Dated: July 25, 2018.
                                                                                                      email address: osborne.evan@epa.gov.                  Register at least 30 days before the
                                             Joseph S. Dufresne,                                                                                            transfer is to occur. 40 CFR 145.34(a)(3).
                                                                                                      SUPPLEMENTARY INFORMATION:
                                             Captain, U.S. Coast Guard, Captain of the                                                                      The EPA published a Federal Register
                                             Port Buffalo.                                            I. Why is the EPA taking this action?                 proposed rule (82 FR 55968) on
                                             [FR Doc. 2018–16191 Filed 7–27–18; 8:45 am]                 On August 25, 2017, the EPA received               November 27, 2017, containing that
                                             BILLING CODE 9110–04–P                                   a letter from the Idaho Department of                 notice. The regulations do not provide


                                        VerDate Sep<11>2014   17:02 Jul 27, 2018   Jkt 244001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\30JYR1.SGM   30JYR1


                                             36434               Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations

                                             for opportunity to comment on whether                    submitted to the Office of Management                 merely withdraws a state program (at
                                             to transfer, and accordingly, the EPA                    and Budget (OMB) for review.                          the voluntary request from Idaho) and
                                             did not take comment on such transfer.                                                                         therein transfers implementation of the
                                                                                                      B. Executive Order 13771: Reducing
                                                EPA’s regulations at 40 CFR part 147                                                                        Class II UIC program to the EPA.
                                                                                                      Regulations and Controlling Regulatory
                                             set forth the applicable UIC programs
                                                                                                      Costs                                                 G. Executive Order 13175: Consultation
                                             for each of the states. This rule makes
                                                                                                        This action is not an Executive Order               and Coordination With Indian Tribal
                                             ministerial revisions to these regulations
                                                                                                      13771 regulatory action because this                  Governments
                                             to reflect the transfer. Specifically, the
                                             rule revises 40 CFR part 147, subpart N,                 action is not significant under Executive               This action does not have tribal
                                             to indicate that the Class II UIC program                Order 12866.                                          implications as specified in Executive
                                             for Idaho is to be directly implemented                                                                        Order 13175. This action contains no
                                                                                                      C. Paperwork Reduction Act (PRA)
                                             by the EPA and consists of the UIC                                                                             federal mandates for tribal governments
                                             program requirements of 40 CFR parts                       This action does not impose any new                 and does not impose any enforceable
                                             124, 144, 146, and 148. The EPA took                     information collection burden under the               duties on tribal governments. Thus,
                                             comment only on these revisions.                         PRA. OMB has previously approved the                  Executive Order 13175 does not apply
                                                Section 553(d) of the Administrative                  information collection activities                     to this action.
                                             Procedure Act, 5. U.S.C. 553(d),                         contained in the existing regulations
                                                                                                      and has assigned OMB control number                   H. Executive Order 13045: Protection of
                                             provides that the effective date of a                                                                          Children From Environmental Health &
                                             substantive rule must be at least 30 days                2040–0042.
                                                                                                                                                            Safety Risks
                                             after publication of the rule in the                     D. Regulatory Flexibility Act (RFA)
                                             Federal Register, except ‘‘as otherwise                                                                          The EPA interprets Executive Order
                                             provided by the agency for good cause.’’                    I certify that this action will not have           13045 as applying only to those
                                             The EPA has determined that there is                     a significant economic impact on a                    regulatory actions that concern
                                             good cause for making this final rule                    substantial number of small entities                  environmental health or safety risks that
                                             effective immediately upon publication                   under the RFA. In making this                         the EPA has reason to believe may
                                             because the transfer of primacy back to                  determination, the impact of concern is               disproportionately affect children, per
                                             the EPA simply returns direct                            any significant adverse economic                      the definition of ‘‘covered regulatory
                                             implementation and enforcement                           impact on small entities. An agency may               action’’ in section 2–202 of the
                                             authority of the UIC Program for Class                   certify that a rule will not have a                   Executive Order. This action is not
                                             II wells in Idaho to the EPA. There are                  significant economic impact on a                      subject to Executive Order 13045
                                             currently no Class II permits in effect in               substantial number of small entities if               because it transfers a state program.
                                             Idaho and, therefore, there is no need to                the rule relieves regulatory burden, has
                                                                                                      no net burden or otherwise has a                      I. Executive Order 13211: Actions
                                             transfer or reissue any existing state-                                                                        Concerning Regulations That
                                             issued Class II UIC permits as federal                   positive economic effect on the small
                                                                                                      entities subject to the rule. This rule               Significantly Affect Energy Supply,
                                             Class II UIC permits. The EPA finds that                                                                       Distribution, or Use
                                             this constitutes good cause under 5                      does not impose any requirements on
                                             U.S.C. 553(d).                                           small entities; this action withdraws a                 This action is not subject to Executive
                                                                                                      state program and therein transfers                   Order 13211 because it is not a
                                             III. Public Comments Received on the                     direct implementation of the Class II                 significant regulatory action under
                                             Proposed Rule and EPA’s Response to                      UIC program to the EPA. We have                       Executive Order 12866.
                                             Comments                                                 therefore concluded that this action will
                                                                                                      have no net regulatory burden for any                 J. National Technology Transfer and
                                                On November 27, 2017, the EPA                                                                               Advancement Act (NTTAA)
                                             issued a proposed rule (82 FR 55968)                     directly regulated small entities.
                                             and requested public comment. The                                                                                This rulemaking does not involve
                                                                                                      E. Unfunded Mandates Reform Act                       technical standards.
                                             public comment period was open for 45                    (UMRA)
                                             days and ended on January 11, 2018.                                                                            K. Executive Order 12898: Federal
                                                                                                        This action does not contain any
                                             The EPA received 414 comments from                                                                             Actions To Address Environmental
                                                                                                      unfunded mandate as described in
                                             387 individual commenters, including                                                                           Justice in Minority Populations and
                                                                                                      UMRA, 2 U.S.C. 1531–1538, and does
                                             comments given at the January 8, 2018,                                                                         Low-Income Populations
                                                                                                      not significantly or uniquely affect small
                                             public hearing as well as one comment
                                                                                                      governments. This rule does not impose                  The EPA has determined that this
                                             submitted after the close of the public
                                                                                                      any mandates on small entities; this                  action is not subject to Executive Order
                                             comment period. Of these comments,
                                                                                                      action withdraws a state program and                  12898 (59 FR 7629, February 16, 1994)
                                             only a minority were identified as
                                                                                                      therein transfers direct implementation               because it does not establish an
                                             containing material that was determined
                                                                                                      of the Class II UIC program to the EPA.               environmental health or safety standard.
                                             to be within the scope of the proposed
                                                                                                                                                            This rule does not impose any health or
                                             rule revision. The comments the EPA                      F. Executive Order 13132: Federalism
                                                                                                                                                            safety standards; this action transfers a
                                             received and EPA’s responses are                           This action does not have federalism                state program and therein transfers
                                             available in EPA’s Docket No. EPA–HQ–                    implications. It will not have substantial            direct implementation of the Class II
                                             OW–2017–0584.                                            direct effects on the states, on the                  UIC program to the EPA.
                                             IV. Statutory and Executive Order                        relationship between the national
                                                                                                      government and the states, or on the                  L. Congressional Review Act (CRA)
                                             Reviews
                                                                                                      distribution of power and                               This action is subject to the CRA, and
daltland on DSKBBV9HB2PROD with RULES




                                             A. Executive Order 12866: Regulatory                     responsibilities among the various                    the EPA will submit a rule report to
                                             Planning and Review and Executive                        levels of government. This action                     each House of the Congress and to the
                                             Order 13563: Improving Regulation and                    contains no federal mandates for state                Comptroller General of the United
                                             Regulatory Review                                        and local governments and does not                    States. The CRA allows the issuing
                                               This action is not a significant                       impose any enforceable duties on state                agency to make a rule effective sooner
                                             regulatory action and was therefore not                  and local governments. This action                    than otherwise provided by the CRA if


                                        VerDate Sep<11>2014   17:02 Jul 27, 2018   Jkt 244001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\30JYR1.SGM   30JYR1


                                                                 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations                                                    36435

                                             the agency makes a good cause finding.                   This program consists of the UIC                      aquifer location restriction. Provisions
                                             The EPA has made a good cause finding                    program requirements of 40 CFR parts                  from the proposed rule that are not
                                             for making this final rule effective                     124, 144, 146, 148, and any additional                addressed in this rule will be addressed
                                             immediately upon publication, per                        requirements set forth in the remainder               in a subsequent action.
                                             section 553(d)(3) of the Administrative                  of this subpart. Injection well owners                DATES: This final rule is effective on
                                             Procedure Act, 5. U.S.C. 553(d)(3), as                   and operators, and the EPA shall                      August 29, 2018.
                                             discussed in section II, including the                   comply with these requirements.
                                                                                                                                                            ADDRESSES: The EPA has established a
                                             basis for that finding.                                    (b) Effective dates. The effective date
                                                                                                                                                            docket for this action under Docket ID
                                                                                                      of the UIC program for Indian lands in
                                             List of Subjects in 40 CFR Part 147                                                                            No. EPA–HQ–OLEM–2017–0286. The
                                                                                                      Idaho is June 11, 1984. The effective
                                               Environmental protection, Indian—                                                                            EPA has previously established a docket
                                                                                                      date of the UIC program for Class II
                                             lands, Intergovernmental relations,                                                                            for the April 17, 2015, CCR final rule
                                                                                                      wells on non-Indian lands in Idaho is
                                             Reporting and recordkeeping                                                                                    under Docket ID No. EPA–HQ–RCRA–
                                                                                                      July 30, 2018.
                                             requirements, Water supply.                                                                                    2009–0640. All documents in the docket
                                                                                                      [FR Doc. 2018–16245 Filed 7–27–18; 8:45 am]           are listed in the https://
                                              Dated: July 24, 2018.                                   BILLING CODE 6560–50–P                                www.regulations.gov index. Although
                                             Andrew R. Wheeler,                                                                                             listed in the index, some information is
                                             Acting Administrator.                                                                                          not publicly available, e.g., Confidential
                                               For the reasons set out in the                         ENVIRONMENTAL PROTECTION                              Business Information (CBI) or other
                                             preamble, the Environmental Protection                   AGENCY                                                information whose disclosure is
                                             Agency amends 40 CFR part 147 as                                                                               restricted by statute. Certain other
                                                                                                      40 CFR Part 257
                                             follows:                                                                                                       material, such as copyrighted material,
                                                                                                      [EPA–HQ–OLEM–2017–0286; FRL–9981–                     will be publicly available only in hard
                                             PART 147—STATE, TRIBAL, AND EPA-                         18–OLEM]                                              copy form. Publicly available docket
                                             ADMINISTERED UNDERGROUND                                                                                       materials are available either
                                             INJECTION CONTROL PROGRAMS                               RIN 2050–AG88
                                                                                                                                                            electronically at https://
                                                                                                      Hazardous and Solid Waste                             www.regulations.gov or in hard copy at
                                             ■  1. The authority citation for part 147
                                                                                                      Management System: Disposal of Coal                   the EPA Docket Center (EPA/DC), EPA
                                             is revised to read as follows:
                                                                                                      Combustion Residuals From Electric                    WJC West Building, Room 3334, 1301
                                               Authority: 42 U.S.C. 300h et seq.; and 42              Utilities; Amendments to the National                 Constitution Ave. NW, Washington, DC.
                                             U.S.C. 6901 et seq.                                                                                            The Public Reading Room is open from
                                                                                                      Minimum Criteria (Phase One, Part
                                             Subpart N—Idaho                                          One)                                                  8:30 a.m. to 4:30 p.m., Monday through
                                                                                                                                                            Friday, excluding holidays. The
                                             ■ 2. In § 147.650 revise the section                     AGENCY:  Environmental Protection                     telephone number for the Public
                                             heading and the introductory text to                     Agency (EPA).                                         Reading Room is (202) 566–1744, and
                                             read as follows:                                         ACTION: Final rule.                                   the telephone number for the EPA
                                                                                                                                                            Docket Center is (202) 566–1742.
                                             § 147.650 State-administered program—                    SUMMARY:    On April 17, 2015, the
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT: For
                                             Class I, III, IV, and V wells.                           Environmental Protection Agency (EPA
                                                                                                      or the Agency) promulgated national                   information concerning this final rule,
                                                The UIC program for Class I, III, IV,
                                                                                                      minimum criteria for existing and new                 contact Kirsten Hillyer, Office of
                                             and V wells in the state of Idaho, other
                                                                                                      coal combustion residuals (CCR)                       Resource Conservation and Recovery,
                                             than those on Indian lands, is the
                                                                                                      landfills and existing and new CCR                    Environmental Protection Agency,
                                             program administered by the Idaho
                                                                                                      surface impoundments. In March 2018,                  5304P, Washington, DC 20460;
                                             Department of Water Resources,
                                                                                                      EPA proposed a number of revisions to                 telephone number: (703) 347–0369;
                                             approved by the EPA pursuant to
                                                                                                      the 2015 CCR rule and requested                       email address: hillyer.kirsten@epa.gov.
                                             section 1422 of the Safe Drinking Water
                                                                                                      comment on additional issues. In this                 For more information on this
                                             Act. Notice of this approval was
                                                                                                      rulemaking EPA is acting to finalize                  rulemaking please visit https://
                                             published in the Federal Register on
                                                                                                      certain revisions to those criteria. First,           www.epa.gov/coalash.
                                             June 7, 1985; the effective date of this
                                             program is July 22, 1985. This program                   EPA is adopting two alternative                       SUPPLEMENTARY INFORMATION:
                                             consists of the following elements, as                   performance standards that either                     I. Executive Summary
                                             submitted to the EPA in Idaho’s                          Participating State Directors in states
                                             program application. Note: Because the                   with approved CCR permit programs                     A. Purpose of the Regulatory Action
                                             EPA subsequently transferred the Class                   (participating states) or EPA where EPA                 EPA is finalizing certain revisions to
                                             II UIC program from the Idaho                            is the permitting authority may apply to              the 2015 regulations for the disposal of
                                             Department of Water Resources to the                     owners and operators of CCR units.                    CCR in landfills and surface
                                             EPA, references to Class II in the                       Second, EPA is revising groundwater                   impoundments to: (1) Provide States
                                             following elements are no longer                         protection standards (GWPS) for four                  with approved CCR permit programs
                                             relevant or applicable for federal UIC                   constituents which do not have an                     under the Water Infrastructure
                                             purposes.                                                established Maximum Contaminant                       Improvements for the Nation (WIIN) Act
                                             *     *     *     *    *                                 Level (MCL). Finally, the Agency is                   or EPA where EPA is the permitting
                                             ■ 3. Revise § 147.651 to read as follows:
                                                                                                      extending the deadline by which                       authority the ability to use alternate
                                                                                                      facilities must cease the placement of
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                            performance standards; (2) revise the
                                             § 147.651 EPA-administered program—                      waste in CCR units closing for cause in               GWPS for four constituents in Appendix
                                             Class II wells and all wells on Indian lands.            two situations: Where the facility has                IV to part 257 1 for which maximum
                                               (a) Contents. The EPA administers the                  detected a statistically significant
                                             UIC program for all classes of wells on                  increase above a GWPS from an unlined                   1 Unless other specified, all references to part 257
                                             Indian lands and for Class II wells on                   surface impoundment; and where the                    in this preamble are to title 40 of the Code of
                                             non-Indian lands in the state of Idaho.                  unit is unable to comply with the                     Federal Regulations (CFR).



                                        VerDate Sep<11>2014   17:02 Jul 27, 2018   Jkt 244001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\30JYR1.SGM   30JYR1



Document Created: 2018-07-28 01:44:27
Document Modified: 2018-07-28 01:44:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective July 30, 2018. For judicial purposes, this final rule is promulgated as of July 30, 2018.
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 Citation83 FR 36433 
CFR AssociatedEnvironmental Protection; Indian-Lands; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Water Supply

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR