83 FR 62536 - State of North Dakota Underground Injection Control Program; Class I, III, IV, and V Primacy Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range		62536-62540
FR Document		2018-25893
The Environmental Protection Agency (EPA) proposes to approve an application from the State of North Dakota under the Safe Drinking Water Act (SDWA) to revise the State's existing Underground Injection Control (UIC) program for Class I, III, IV, and V injection wells located within the State, except those in Indian country. North Dakota is revising its UIC Class I, III, IV, and V program regulations to transfer primary enforcement authority from the North Dakota Department of Health to the North Dakota Department of Environmental Quality.
Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Proposed Rules]
[Pages 62536-62540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2018-0669; FRL-9987-17-OW]


State of North Dakota Underground Injection Control Program; 
Class I, III, IV, and V Primacy Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
an application from the State of North Dakota under the Safe Drinking 
Water Act (SDWA) to revise the State's existing Underground Injection 
Control (UIC) program for Class I, III, IV, and V injection wells 
located within the State, except those in Indian country. North Dakota 
is revising its UIC Class I, III, IV, and V program regulations to 
transfer primary enforcement authority from the North Dakota Department 
of Health to the North Dakota Department of Environmental Quality.

DATES: Comments must be received on or before January 8, 2019. A public 
hearing is scheduled to be held on January 8, 2019 from 2 p.m. to 5 
p.m. and 6 p.m. to 8 p.m., central daylight time. The hearing will be 
held only if requests are received within 30 days of publication. If no 
requests are received by January 3, 2019, the hearing will be 
cancelled. Confirmation or cancellation of the public hearing will be 
announced on January 3, 2019, on the EPA Region VIII's website at: 
https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy.

ADDRESSES: Hearing location: North Dakota Department of Health's fourth 
floor Conference Room, 918 East Divide Avenue, Bismarck, North Dakota. 
Requests for a public hearing may be mailed or emailed to: Omar Sierra-
Lopez, U.S. Environmental Protection Agency, Region VIII, Mail Code: 
8WP-SUI, 1595 Wynkoop Street, Denver, Colorado 80202-1129, or [email protected].
    Docket Review and Comments Requested: The application and 
supplemental docket materials are available electronically on https://www.regulations.gov, identified by Docket ID No. EPA-HQ-OW-2018-0669. 
Submit your comments to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comments received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system).
    For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kyle Carey, 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) 564-2322; fax number: (202) 564-3754; 
email address: [email protected], or Omar Sierra-Lopez, Underground 
Injection Control Unit, Safe Drinking Water Program, Office of Water 
Protection (8WP-SUI), U.S. Environmental Protection Agency, Region 
VIII, 1595 Wynkoop Street,

[[Page 62537]]

Denver, Colorado 80202-1129; telephone number: (303) 312-7045; fax 
number: (303) 312-7517; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The EPA approved North Dakota's UIC program as meeting the 
requirements for primary enforcement responsibility (primacy) for Class 
I, III, IV, and V injection wells, under section 1422 of the Safe 
Drinking Water Act, on September 21, 1984. The State is revising its 
UIC Class I, III, IV, and V program statutes and regulations to 
transfer this authority from the North Dakota Department of Health to 
the North Dakota Department of Environmental Quality.

II. Legal Authorities

    These regulations are being promulgated under authority of sections 
1422 and 1450 of the SDWA, 42 U.S.C. 300h-1 and 300j-9.

A. Revision of State UIC Programs

    As required by section 1421 of the SDWA, the EPA promulgated 
minimum requirements in the Code of Federal Regulations (CFR) at 40 CFR 
part 145, for effective State UIC programs, to prevent underground 
injection activities that endanger underground sources of drinking 
water (USDWs). Under section 1422 of the SDWA, once the EPA approves a 
State UIC program, the State has primary enforcement responsibility for 
underground water sources. A State may revise its UIC program as 
provided under 40 CFR 145.32(a) and by following the procedures 
described under 40 CFR 145.32(b), which require the State to submit a 
modified program description, an Attorney General's statement, a 
Memorandum of Agreement, or other such documentation as the EPA 
determines to be necessary under the circumstances (40 CFR 
145.32(b)(1)). States with approved programs are required to notify the 
EPA whenever they propose to transfer all or part of the approved State 
agency to any other State agency and to identify any new division of 
responsibilities amongst the agencies involved. Organizational charts 
required in the State's original primacy approval package must be 
revised and resubmitted. The new agency is not authorized to administer 
the program until approval by the Administrator (40 CFR 145.32(c)).
    All revisions to the UIC program would be federally enforceable as 
of the effective date of the EPA's approval of the respective revision 
and 40 CFR part 147 codification. The State plans to rely on the date 
when the EPA signs the final notice for purposes of notifying the State 
legislature that the EPA has approved these revisions, which will 
provide for the transfer authority from the North Dakota Department of 
Health to the North Dakota Department of Environmental Quality (NDDEQ) 
to be effective under State law. Thus, prior to the effective date of 
this approval, the State intends to take the necessary additional steps 
as specified in S.L. 2017, ch. 199, Section 1, to ensure that the NDDEQ 
rules would become federally enforceable on the effective date of the 
EPA's approval and codification of the approved program in 40 CFR part 
147.
    Consistent with the EPA Guidance 16, the EPA considers State-
initiated program revisions to transfer all or part of any program from 
the approved authority to another State agency as substantial program 
revisions. Under the EPA regulations, this means there is an 
opportunity for public comment and to request a public hearing (40 CFR 
145.32(b)(2)).

B. Indian Country

    The EPA's approval of North Dakota's application to transfer its 
SDWA UIC Class I, III, IV, and V primary enforcement authority from the 
North Dakota Department of Health to the North Dakota Department of 
Environmental Quality does not extend to Indian lands. Pursuant to the 
EPA's UIC regulations at 40 CFR 144.3, Indian lands ``means `Indian 
country' as defined in 18 U.S.C. 1151.'' As defined in 18 U.S.C. 1151, 
Indian country generally includes lands within the exterior boundaries 
of the following Indian reservations located within North Dakota: The 
Fort Berthold Indian Reservation, The Spirit Lake Reservation, The 
Standing Rock Sioux Reservation, and The Turtle Mountain Reservation; 
any land held in trust by the United States for an Indian tribe; and 
any other areas that are Indian country within the meaning of 18 U.S.C. 
1151. The EPA, or eligible Indian tribes, as appropriate, will retain 
responsibilities under the SDWA UIC program for Class I, III, IV, and V 
injection wells in Indian country.

III. North Dakota's Application

A. Notice of Completion

    On September 18, 2018, the EPA received a complete program revision 
package from the State of North Dakota, requesting approval of its 
revised UIC regulations for Class I, III, IV, and V injection wells, to 
transfer primary enforcement authority from the North Dakota Department 
of Health to the North Dakota Department of Environmental Quality. The 
EPA has determined the application contains all the required elements; 
the application and supplemental materials are available electronically 
at https://www.regulations.gov; and a copy of the application can be 
accessed for inspection and copying at: The EPA Region VIII, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, by contacting Omar Sierra-
Lopez at: Telephone number: (303) 312-7045; fax number: (303) 312-7517; 
email address: [email protected]. Public comments are 
requested, and a public hearing will be held if requests are received 
within 30 days of publication (see ADDRESSES for further information on 
how to request a public hearing).
    The UIC program revision package from the State of North Dakota 
includes revised versions of: (1) The description of the State's UIC 
program (40 CFR 145.23); (2) copies of all applicable State statutes, 
regulations, and forms (40 CFR 145.22(a)(5)); (3) the Attorney 
General's statement that the State has adequate legal authority to 
carry out the program described and to meet the requirements of 40 CFR 
part 145; and (4) the Memorandum of Agreement between the State of 
North Dakota and the EPA's Region VIII Administrator (40 CFR 145.25).

B. Public Participation Activities Conducted by the State of North 
Dakota

    On April 12, 2018, the North Dakota Department of Environmental 
Quality provided public notice of its intent to amend and adopt North 
Dakota's 1422 Underground Injection Control Rules. The public notice 
was published in 52 North Dakota newspapers. Written comments on the 
proposed rule changes were accepted between April 12, 2018 and May 31, 
2018; no comments were received. A public hearing regarding the UIC 
rules was held on March 21, 2018; the hearing was unattended.

C. Public Participation Activities Conducted by the EPA

    On December 4, 2018, a public notice announcing this proposed 
approval, request for public comment, and notice of a public hearing to 
be held on January 8, 2019, was published in the Bismarck Tribune and 
posted to the EPA Region VIII's website at: https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy. 
Confirmation or cancellation of the public hearing will be announced on 
January 3, 2019 and on the EPA Region VIII's website at: https://
www.epa.gov/uic/underground-injection-control-epa-

[[Page 62538]]

region-8-co-mt-nd-sd-ut-and-wy. For information regarding the public 
hearing, including a request to hold a hearing, please contact Omar-
Sierra Lopez, U.S. Environmental Protection Agency, Region VIII, Mail 
Code: 8WP-SUI, 1595 Wynkoop Street, Denver, Colorado 80202-1129, or 
[email protected].

IV. The EPA's Proposed Action

A. What is the EPA proposing?

    In this action, the EPA is proposing to approve the State of North 
Dakota's application to transfer its Class I, III, IV, and V primary 
enforcement authority from the North Dakota Department of Health to the 
North Dakota Department of Environmental Quality and to make conforming 
changes to its regulations to reflect such transfer. Regulations under 
40 CFR part 147 set forth the applicable UIC programs for each of the 
States. This rule would update 40 CFR part 147 subpart JJ to reflect 
the transfer of authority.
    Support of this proposed approval is part of the public record in 
the EPA's Docket No. EPA-HQ-OW-2018-0669. When finalized, this action 
will amend 40 CFR part 147 Subpart JJ to incorporate by reference the 
revised EPA-approved State statutes and regulations. The EPA will 
continue to administer its UIC program for Class I, III, IV, and V 
injection wells in Indian country.
    The EPA will continue to oversee the State of North Dakota's 
administration of UIC Class I, III, IV, V and VI programs as authorized 
under the SDWA. Part of the EPA's oversight responsibility will require 
State 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 September 18, 2018, provides the EPA with the 
opportunity to review and comment on all draft permits.

B. What codification decisions is the EPA proposing in this rule?

    In this rule, the EPA is proposing to finalize the federal 
regulatory text that incorporates by reference the federally authorized 
North Dakota UIC program for Class I, III, IV, and V injection wells, 
except those in Indian country. In accordance with the requirements of 
1 CFR 51.5, we are proposing to finalize the incorporation by reference 
of the North Dakota rules described in the amendments to 40 CFR part 
147 set forth below. The EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and at the 
U.S. Environmental Protection Agency, Region VIII, Library 2nd Floor, 
1595 Wynkoop Street, Denver, Colorado 80202-1129.
    The EPA will revise the binder at 40 CFR 147.1751 that contains the 
EPA-approved North Dakota Statutes and Regulations for Well Classes I, 
III, IV, V, and VI. This binder will be incorporated by reference into 
40 CFR 147.1751. The EPA will also revise the table listing the EPA-
approved North Dakota Statutes and Regulations for Well Classes I, III, 
IV, V, and VI in 40 CFR 147.1751. Section 147.1751 also references the 
Memorandum of Agreement, the statement of legal authority (the Attorney 
General's Statement), and the Program Description, which are approved 
as part of the UIC program authorized under the SDWA.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

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

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

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2040-0042. Reporting or record-keeping requirements will 
be based on the State of North Dakota UIC Regulations, and the State of 
North Dakota is not subject to the PRA.

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 the State of North 
Dakota's UIC program revisions. 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. The EPA's approval 
of the State of North Dakota's program revisions 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 & 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 the State of North Dakota's 
UIC program revisions.

[[Page 62539]]

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA has determined that this action is not subject to Executive 
Order 12898 (59 FR 7629, February 16, 1994) because it does not 
establish an environmental health or safety standard. This action will 
simply provide that the State of North Dakota is transferring its 
primary enforcement authority for its Class I, III, IV, and V wells, 
pursuant to which the State of North Dakota will be implementing and 
enforcing a State UIC regulatory program that is as stringent as the 
existing federal program.

List of Subjects in 40 CFR Part 147

    Environmental protection, Indian lands, Incorporation by reference, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Water supply.

    Dated: November 20, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons set out in the preamble, the Environmental 
Protection Agency is proposing to amend 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. 300f et seq.; and 42 U.S.C. 6901 et seq.

0
2. Amend Sec.  147.1751 by:
0
a. Revising the introductory text and paragraph (a);
0
b. Revising paragraph (b)(2) and removing paragraphs (b)(3) and (b)(4);
0
c. Revising paragraphs (c), (d), (e), (f), (g), (h); and
0
e. Adding paragraph (i).

    The revisions and addition 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, as defined under 40 
CFR 144.3, is the program administered by the North Dakota Department 
of Environmental Quality, approved by the EPA pursuant to section 1422 
of the SDWA. Notification of this approval was published in the Federal 
Register on [date of publication of the final rule in the Federal 
Register]; the effective date of this program is (date to be determined 
at time of final decision but will be no less than 30 days after 
publication in the Federal Register). 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 (NDIC), approved by the EPA pursuant to section 1422 of the 
SDWA. Notification of this approval was published in the Federal 
Register on April 24, 2018; the effective date of the NDIC UIC Class VI 
program is April 24, 2018. The State-administered UIC programs for 
Classes I, III, IV, V, and VI consist of the following elements, as 
submitted to the EPA in the State's program applications.
    (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 
2018, and Table 1 to paragraph (a) of this section are incorporated by 
reference and made a part of the applicable UIC program under the 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 this paragraph (a) may be inspected at 
the U.S. Environmental Protection Agency, Region VIII, Library 2nd 
Floor, 1595 Wynkoop Street, Denver, Colorado 80202-1129; Water Docket, 
EPA Docket Center (EPA/DC), EPA WJC 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 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
----------------------------------------------------------------------------------------------------------------
North Dakota Century Code Sections 38-12- Regulation, Development               1980  September 21, 1984, 49 FR
 01--38-12-03.                             and Production of                           37066.
                                           Subsurface Minerals.
North Dakota Century Code Sections 61-28- Control, Prevention and               1989  March 6, 1991, 56 FR 9418.
 02 and 61-28-06.                          Abatement of Pollution of
                                           Surface Waters.
North Dakota Century Code Sections 61-    Safe Drinking Water Act...            2018  [insert FR citation of
 28.1-01--61-28.1-12.                                                                  final rule].
North Dakota Administrative Code          Underground Injection                 2018  [insert FR citation of
 Sections 33.1-25-01-01--33.1-25-01-18.    Control Program.                            final rule].
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--43-02-02.2-19.    Control Program.                            37066.
North Dakota Century Code Sections 38-22- Carbon Dioxide Underground            2009  April 24, 2018, 83 FR
 01--38-22-23.                             Storage.                                    17761.
North Dakota Administrative Code          Control of Oil and Gas                2013  April 24, 2018, 83 FR
 Sections 38-08-16--38-08-17.              Resources.                                  17761.

[[Page 62540]]

 
North Dakota Administrative Code          Geologic Storage of Carbon            2013  April 24, 2018, 83 FR
 Sections 43-05-01-01--43-05-01-20.        Dioxide.                                    17761.
----------------------------------------------------------------------------------------------------------------

    (b) * * *
    (2) North Dakota Administrative Code Article 33-22 (Practice and 
Procedure) (1983).
    (c) The Memorandum of Agreement for the Class I, III, IV, and V 
Underground Injection Control Program between EPA Region VIII and the 
North Dakota Department of Environmental Quality, signed by the EPA 
Regional Administrator on September 18, 2018.
    (d) The statement of legal authority, ``Class I, III, IV, and V 
Underground Injection Control Program, Attorney General's Statement,'' 
signed by the Assistant Attorney General of North Dakota on July 30, 
2018, and ``Supplement to the Attorney General Statements Relating to 
Programs Being Transferred to the North Dakota Department of 
Environmental Quality'' signed by the Assistant Attorney General of 
North Dakota on October 23, 2018.
    (e) The Class I, III, IV, and V Underground Injection Control 
Program Description and any other materials submitted as part of the 
program revision or as supplements thereto.
    (f) The Memorandum of Agreement for the Class VI Underground 
Injection Control Program between EPA Region VIII and the North Dakota 
Industrial Commission, signed by the EPA Regional Administrator on 
October 28, 2013.
    (g) The Memorandum of Understanding for Class VI 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.
    (h) 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.
    (i) The Class VI Underground Injection Control Program Description 
and any other materials submitted as part of the program revision or as 
supplements thereto.

[FR Doc. 2018-25893 Filed 12-3-18; 8:45 am]
 BILLING CODE 6560-50-P
62536 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules

through https://www.regulations.gov practicable and legally permissible by January 3, 2019, the hearing will be
and at the EPA Region 1 Office (please methods, under Executive Order 12898 cancelled. Confirmation or cancellation
contact the person identified in the FOR (59 FR 7629, February 16, 1994). of the public hearing will be announced
FURTHER INFORMATION CONTACT section of In addition, the SIP is not approved on January 3, 2019, on the EPA Region
this preamble for more information). to apply on any Indian reservation land VIII’s website at: https://www.epa.gov/
or in any other area where EPA or an uic/underground-injection-control-epa-
V. Statutory and Executive Order
Indian tribe has demonstrated that a region-8-co-mt-nd-sd-ut-and-wy.
Reviews
tribe has jurisdiction. In those areas of ADDRESSES: Hearing location: North
Under the Clean Air Act, the Indian country, the rule does not have Dakota Department of Health’s fourth
Administrator is required to approve a tribal implications and will not impose floor Conference Room, 918 East Divide
SIP submission that complies with the substantial direct costs on tribal Avenue, Bismarck, North Dakota.
provisions of the Act and applicable governments or preempt tribal law as Requests for a public hearing may be
Federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65 mailed or emailed to: Omar Sierra-
40 CFR 52.02(a). Thus, in reviewing SIP FR 67249, November 9, 2000). Lopez, U.S. Environmental Protection
submissions, EPA’s role is to approve Agency, Region VIII, Mail Code: 8WP–
state choices, provided that they meet List of Subjects in 40 CFR Part 52
SUI, 1595 Wynkoop Street, Denver,
the criteria of the Clean Air Act. Environmental protection, Air Colorado 80202–1129, or sierra-
Accordingly, this proposed action pollution control, Carbon monoxide, lopez.omar@epa.gov.
merely approves state law as meeting Incorporation by reference, Lead, Docket Review and Comments
Federal requirements and does not Nitrogen dioxide, Ozone, Particulate Requested: The application and
impose additional requirements beyond matter, Reporting and recordkeeping supplemental docket materials are
those imposed by state law. For that requirements, Sulfur oxides, Volatile available electronically on https://
reason, this proposed action: organic compounds. www.regulations.gov, identified by
• Is not a significant regulatory action Dated: November 28, 2018. Docket ID No. EPA–HQ–OW–2018–
subject to review by the Office of 0669. Submit your comments to the
Alexandra Dunn,
Management and Budget under Federal eRulemaking Portal: https://
Executive Orders 12866 (58 FR 51735, Regional Administrator, EPA Region 1.
[FR Doc. 2018–26283 Filed 12–3–18; 8:45 am]
www.regulations.gov. Follow the online
October 4, 1993) and 13563 (76 FR 3821, instructions for submitting comments.
January 21, 2011); BILLING CODE 6560–50–P
Once submitted, comments cannot be
• This action is not expected to be an edited or withdrawn. The EPA may
Executive Order 13771 regulatory action publish any comments received to its
because this action is not significant ENVIRONMENTAL PROTECTION
AGENCY public docket. Do not submit
under Executive Order 12866; electronically any information you
• Does not impose an information
40 CFR Part 147 consider to be Confidential Business
collection burden under the provisions
Information (CBI) or other information
of the Paperwork Reduction Act (44 [EPA–HQ–OW–2018–0669; FRL–9987–17– whose disclosure is restricted by statute.
U.S.C. 3501 et seq.); OW]
Multimedia submissions (audio, video,
• Is certified as not having a
State of North Dakota Underground etc.) must be accompanied by a written
significant economic impact on a
Injection Control Program; Class I, III, comment. The written comment is
substantial number of small entities
IV, and V Primacy Revisions considered the official comment and
under the Regulatory Flexibility Act (5
should include discussion of all points
U.S.C. 601 et seq.);
• Does not contain any unfunded AGENCY: Environmental Protection you wish to make. The EPA will
mandate or significantly or uniquely Agency (EPA). generally not consider comments or
affect small governments, as described ACTION: Proposed rule. comment contents located outside of the
in the Unfunded Mandates Reform Act primary submission (i.e., on the web,
SUMMARY: The Environmental Protection cloud, or other file sharing system).
of 1995 (Pub. L. 104–4);
• Does not have Federalism Agency (EPA) proposes to approve an For additional submission methods,
implications as specified in Executive application from the State of North the full EPA public comment policy,
Order 13132 (64 FR 43255, August 10, Dakota under the Safe Drinking Water information about CBI or multimedia
1999); Act (SDWA) to revise the State’s submissions, and general guidance on
• Is not an economically significant existing Underground Injection Control making effective comments, please visit
regulatory action based on health or (UIC) program for Class I, III, IV, and V http://www2.epa.gov/dockets/
safety risks subject to Executive Order injection wells located within the State, commenting-epa-dockets.
13045 (62 FR 19885, April 23, 1997); except those in Indian country. North FOR FURTHER INFORMATION CONTACT: Kyle
• Is not a significant regulatory action Dakota is revising its UIC Class I, III, IV, Carey, Drinking Water Protection
subject to Executive Order 13211 (66 FR and V program regulations to transfer Division, Office of Ground Water and
28355, May 22, 2001); primary enforcement authority from the Drinking Water (4606M), U.S.
• Is not subject to requirements of North Dakota Department of Health to Environmental Protection Agency, 1200
Section 12(d) of the National the North Dakota Department of Pennsylvania Ave. NW, Washington, DC
Technology Transfer and Advancement Environmental Quality. 20460; telephone number: (202) 564–
Act of 1995 (15 U.S.C. 272 note) because DATES: Comments must be received on 2322; fax number: (202) 564–3754;
application of those requirements would or before January 8, 2019. A public email address: carey.kyle@epa.gov, or
be inconsistent with the Clean Air Act; hearing is scheduled to be held on Omar Sierra-Lopez, Underground
and January 8, 2019 from 2 p.m. to 5 p.m. Injection Control Unit, Safe Drinking
• Does not provide EPA with the and 6 p.m. to 8 p.m., central daylight Water Program, Office of Water
discretionary authority to address, as time. The hearing will be held only if Protection (8WP–SUI), U.S.
appropriate, disproportionate human requests are received within 30 days of Environmental Protection Agency,
health or environmental effects, using publication. If no requests are received Region VIII, 1595 Wynkoop Street,

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Denver, Colorado 80202–1129; on the date when the EPA signs the final Dakota Department of Health to the
telephone number: (303) 312–7045; fax notice for purposes of notifying the North Dakota Department of
number: (303) 312–7517; email address: State legislature that the EPA has Environmental Quality. The EPA has
sierra-lopez.omar@epa.gov. approved these revisions, which will determined the application contains all
SUPPLEMENTARY INFORMATION: provide for the transfer authority from the required elements; the application
the North Dakota Department of Health and supplemental materials are
I. Introduction to the North Dakota Department of available electronically at https://
The EPA approved North Dakota’s Environmental Quality (NDDEQ) to be www.regulations.gov; and a copy of the
UIC program as meeting the effective under State law. Thus, prior to application can be accessed for
requirements for primary enforcement the effective date of this approval, the inspection and copying at: The EPA
responsibility (primacy) for Class I, III, State intends to take the necessary Region VIII, 1595 Wynkoop Street,
IV, and V injection wells, under section additional steps as specified in S.L. Denver, Colorado 80202–1129, by
1422 of the Safe Drinking Water Act, on 2017, ch. 199, Section 1, to ensure that contacting Omar Sierra-Lopez at:
September 21, 1984. The State is the NDDEQ rules would become Telephone number: (303) 312–7045; fax
revising its UIC Class I, III, IV, and V federally enforceable on the effective number: (303) 312–7517; email address:
program statutes and regulations to date of the EPA’s approval and sierra-lopez.omar@epa.gov. Public
transfer this authority from the North codification of the approved program in comments are requested, and a public
Dakota Department of Health to the 40 CFR part 147. hearing will be held if requests are
North Dakota Department of Consistent with the EPA Guidance 16, received within 30 days of publication
Environmental Quality. the EPA considers State-initiated (see ADDRESSES for further information
II. Legal Authorities program revisions to transfer all or part on how to request a public hearing).
of any program from the approved The UIC program revision package
These regulations are being authority to another State agency as from the State of North Dakota includes
promulgated under authority of sections substantial program revisions. Under revised versions of: (1) The description
1422 and 1450 of the SDWA, 42 U.S.C. the EPA regulations, this means there is of the State’s UIC program (40 CFR
300h–1 and 300j–9. an opportunity for public comment and 145.23); (2) copies of all applicable State
A. Revision of State UIC Programs to request a public hearing (40 CFR statutes, regulations, and forms (40 CFR
145.32(b)(2)). 145.22(a)(5)); (3) the Attorney General’s
As required by section 1421 of the statement that the State has adequate
SDWA, the EPA promulgated minimum B. Indian Country legal authority to carry out the program
requirements in the Code of Federal described and to meet the requirements
The EPA’s approval of North Dakota’s
Regulations (CFR) at 40 CFR part 145, of 40 CFR part 145; and (4) the
application to transfer its SDWA UIC
for effective State UIC programs, to Memorandum of Agreement between
Class I, III, IV, and V primary
prevent underground injection activities the State of North Dakota and the EPA’s
enforcement authority from the North
that endanger underground sources of Region VIII Administrator (40 CFR
Dakota Department of Health to the
drinking water (USDWs). Under section 145.25).
North Dakota Department of
1422 of the SDWA, once the EPA
Environmental Quality does not extend B. Public Participation Activities
approves a State UIC program, the State
to Indian lands. Pursuant to the EPA’s Conducted by the State of North Dakota
has primary enforcement responsibility
UIC regulations at 40 CFR 144.3, Indian
for underground water sources. A State On April 12, 2018, the North Dakota
lands ‘‘means ‘Indian country’ as
may revise its UIC program as provided Department of Environmental Quality
defined in 18 U.S.C. 1151.’’ As defined
under 40 CFR 145.32(a) and by provided public notice of its intent to
in 18 U.S.C. 1151, Indian country
following the procedures described amend and adopt North Dakota’s 1422
generally includes lands within the
under 40 CFR 145.32(b), which require Underground Injection Control Rules.
exterior boundaries of the following
the State to submit a modified program The public notice was published in 52
Indian reservations located within
description, an Attorney General’s North Dakota newspapers. Written
North Dakota: The Fort Berthold Indian
statement, a Memorandum of comments on the proposed rule changes
Reservation, The Spirit Lake
Agreement, or other such were accepted between April 12, 2018
Reservation, The Standing Rock Sioux
documentation as the EPA determines and May 31, 2018; no comments were
Reservation, and The Turtle Mountain
to be necessary under the circumstances received. A public hearing regarding the
Reservation; any land held in trust by
(40 CFR 145.32(b)(1)). States with UIC rules was held on March 21, 2018;
the United States for an Indian tribe;
approved programs are required to the hearing was unattended.
and any other areas that are Indian
notify the EPA whenever they propose
country within the meaning of 18 U.S.C. C. Public Participation Activities
to transfer all or part of the approved
1151. The EPA, or eligible Indian tribes, Conducted by the EPA
State agency to any other State agency
as appropriate, will retain On December 4, 2018, a public notice
and to identify any new division of
responsibilities under the SDWA UIC announcing this proposed approval,
responsibilities amongst the agencies
program for Class I, III, IV, and V request for public comment, and notice
involved. Organizational charts required
injection wells in Indian country. of a public hearing to be held on January
in the State’s original primacy approval
package must be revised and III. North Dakota’s Application 8, 2019, was published in the Bismarck
resubmitted. The new agency is not Tribune and posted to the EPA Region
A. Notice of Completion VIII’s website at: https://www.epa.gov/
authorized to administer the program
until approval by the Administrator (40 On September 18, 2018, the EPA uic/underground-injection-control-epa-
CFR 145.32(c)). received a complete program revision region-8-co-mt-nd-sd-ut-and-wy.
All revisions to the UIC program package from the State of North Dakota, Confirmation or cancellation of the
would be federally enforceable as of the requesting approval of its revised UIC public hearing will be announced on
effective date of the EPA’s approval of regulations for Class I, III, IV, and V January 3, 2019 and on the EPA Region
the respective revision and 40 CFR part injection wells, to transfer primary VIII’s website at: https://www.epa.gov/
147 codification. The State plans to rely enforcement authority from the North uic/underground-injection-control-epa-

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62538 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules

region-8-co-mt-nd-sd-ut-and-wy. For generally available through positive economic effect on the small
information regarding the public www.regulations.gov and at the U.S. entities subject to the rule. This rule
hearing, including a request to hold a Environmental Protection Agency, does not impose any requirements on
hearing, please contact Omar-Sierra Region VIII, Library 2nd Floor, 1595 small entities as this rule approves the
Lopez, U.S. Environmental Protection Wynkoop Street, Denver, Colorado State of North Dakota’s UIC program
Agency, Region VIII, Mail Code: 8WP– 80202–1129. revisions. We have therefore concluded
SUI, 1595 Wynkoop Street, Denver, The EPA will revise the binder at 40 that this action will have no net
Colorado 80202–1129, or sierra- CFR 147.1751 that contains the EPA- regulatory burden for all directly
lopez.omar@epa.gov. approved North Dakota Statutes and
regulated small entities.
Regulations for Well Classes I, III, IV, V,
IV. The EPA’s Proposed Action and VI. This binder will be incorporated E. Unfunded Mandates Reform Act
A. What is the EPA proposing? by reference into 40 CFR 147.1751. The (UMRA)
EPA will also revise the table listing the
In this action, the EPA is proposing to EPA-approved North Dakota Statutes This action does not contain any
approve the State of North Dakota’s and Regulations for Well Classes I, III, unfunded mandate as described in
application to transfer its Class I, III, IV, IV, V, and VI in 40 CFR 147.1751. UMRA, 2 U.S.C. 1531–1538, and does
and V primary enforcement authority Section 147.1751 also references the not significantly or uniquely affect small
from the North Dakota Department of Memorandum of Agreement, the governments. The action imposes no
Health to the North Dakota Department statement of legal authority (the enforceable duty on any state, local or
of Environmental Quality and to make Attorney General’s Statement), and the tribal governments or the private sector.
conforming changes to its regulations to Program Description, which are
reflect such transfer. Regulations under The EPA’s approval of the State of North
approved as part of the UIC program Dakota’s program revisions will not
40 CFR part 147 set forth the applicable authorized under the SDWA.
UIC programs for each of the States. constitute a federal mandate because
This rule would update 40 CFR part 147 V. Statutory and Executive Order there is no requirement that a State
subpart JJ to reflect the transfer of Reviews establish UIC regulatory programs and
authority. because the program is a State, rather
A. Executive Order 12866: Regulatory
Support of this proposed approval is than a federal program.
Planning and Review and Executive
part of the public record in the EPA’s Order 13563: Improving Regulation and F. Executive Order 13132: Federalism
Docket No. EPA–HQ–OW–2018–0669. Regulatory Review
When finalized, this action will amend This action does not have federalism
40 CFR part 147 Subpart JJ to This action is not a significant
regulatory action and was therefore not implications. It will not have substantial
incorporate by reference the revised direct effects on the states, on the
EPA-approved State statutes and submitted to the Office of Management
and Budget (OMB) for review. relationship between the national
regulations. The EPA will continue to government and the states, or on the
administer its UIC program for Class I, B. Executive Order 13771: Reducing distribution of power and
III, IV, and V injection wells in Indian Regulations and Controlling Regulatory responsibilities among the various
country. Costs levels of government.
The EPA will continue to oversee the This action is not expected to be an
State of North Dakota’s administration Executive Order 13771 regulatory action G. Executive Order 13175: Consultation
of UIC Class I, III, IV, V and VI programs because this action is not significant and Coordination With Indian Tribal
as authorized under the SDWA. Part of under Executive Order 12866. Governments
the EPA’s oversight responsibility will
require State quarterly reports of non- C. Paperwork Reduction Act (PRA) This action does not have tribal
compliance and annual UIC This action does not impose any new implications as specified in Executive
performance reports pursuant to 40 CFR information collection burden under the Order 13175. This action contains no
144.8. The Memorandum of Agreement PRA. OMB has previously approved the federal mandates for tribal governments
between the EPA and the State of North information collection activities and does not impose any enforceable
Dakota, signed by the Regional contained in the existing regulations duties on tribal governments. Thus,
Administrator on September 18, 2018, and has assigned OMB control number Executive Order 13175 does not apply
provides the EPA with the opportunity 2040–0042. Reporting or record-keeping to this action.
to review and comment on all draft requirements will be based on the State
permits. of North Dakota UIC Regulations, and H. Executive Order 13045: Protection of
the State of North Dakota is not subject Children From Environmental Health &
B. What codification decisions is the Safety Risks
EPA proposing in this rule? to the PRA.

In this rule, the EPA is proposing to D. Regulatory Flexibility Act (RFA) The EPA interprets Executive Order
finalize the federal regulatory text that I certify that this action will not have 13045 as applying only to those
incorporates by reference the federally a significant economic impact on a regulatory actions that concern
authorized North Dakota UIC program substantial number of small entities environmental health or safety risks that
for Class I, III, IV, and V injection wells, under the RFA. In making this the EPA has reason to believe may
except those in Indian country. In determination, the impact of concern is disproportionately affect children, per
accordance with the requirements of 1 any significant adverse economic the definition of ‘‘covered regulatory
CFR 51.5, we are proposing to finalize impact on small entities. An agency may action’’ in section 2–202 of the
the incorporation by reference of the certify that a rule will not have a Executive Order. This action is not
North Dakota rules described in the significant economic impact on a subject to Executive Order 13045
amendments to 40 CFR part 147 set substantial number of small entities if because it approves the State of North
forth below. The EPA has made, and the rule relieves regulatory burden, has Dakota’s UIC program revisions.
will continue to make, these documents no net burden or otherwise has a

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I. Executive Order 13211: Actions PART 147—STATE, TRIBAL, AND EPA- Federal Register on April 24, 2018; the
Concerning Regulations That ADMINISTERED UNDERGROUND effective date of the NDIC UIC Class VI
Significantly Affect Energy Supply, INJECTION CONTROL PROGRAMS program is April 24, 2018. The State-
Distribution, or Use administered UIC programs for Classes
This action is not subject to Executive ■ 1. The authority citation for part 147 I, III, IV, V, and VI consist of the
Order 13211, because it is not a is revised to read as follows: following elements, as submitted to the
significant regulatory action under Authority: 42 U.S.C. 300f et seq.; and 42 EPA in the State’s program applications.
Executive Order 12866. U.S.C. 6901 et seq.
(a) The requirements set forth in the
J. National Technology Transfer and ■ 2. Amend § 147.1751 by: State statutes and regulations cited in
Advancement Act ■ a. Revising the introductory text and the binder entitled ‘‘EPA-Approved
paragraph (a); North Dakota SDWA § 1422
This rulemaking does not involve ■ b. Revising paragraph (b)(2) and
technical standards. Underground Injection Control Program
removing paragraphs (b)(3) and (b)(4); Statutes and Regulations for Well
K. Executive Order 12898: Federal ■ c. Revising paragraphs (c), (d), (e), (f), Classes I, III, IV, V and VI’’, dated
Actions To Address Environmental (g), (h); and December 2018, and Table 1 to
Justice in Minority Populations and ■ e. Adding paragraph (i). paragraph (a) of this section are
Low-Income Populations The revisions and addition read as incorporated by reference and made a
The EPA has determined that this follows: part of the applicable UIC program
action is not subject to Executive Order § 147.1751 State-administered program—
under the SDWA for the State of North
12898 (59 FR 7629, February 16, 1994) Class I, III, IV, V and VI wells. Dakota. The Director of the Federal
because it does not establish an Register approves this incorporation by
The UIC Program for Class I, III, IV,
environmental health or safety standard. reference in accordance with 5 U.S.C.
and V wells in the State of North
This action will simply provide that the 552(a) and 1 CFR part 51. Copies of the
Dakota, except those located on Indian
State of North Dakota is transferring its North Dakota regulations that are
lands, as defined under 40 CFR 144.3,
primary enforcement authority for its incorporated by reference in this
is the program administered by the
Class I, III, IV, and V wells, pursuant to paragraph (a) may be inspected at the
North Dakota Department of
which the State of North Dakota will be U.S. Environmental Protection Agency,
Environmental Quality, approved by the
implementing and enforcing a State UIC Region VIII, Library 2nd Floor, 1595
regulatory program that is as stringent as EPA pursuant to section 1422 of the
SDWA. Notification of this approval Wynkoop Street, Denver, Colorado
the existing federal program. 80202–1129; Water Docket, EPA Docket
was published in the Federal Register
List of Subjects in 40 CFR Part 147 on [date of publication of the final rule Center (EPA/DC), EPA WJC West, Room
in the Federal Register]; the effective 3334, 1301 Constitution Ave. NW,
Environmental protection, Indian
date of this program is (date to be Washington, DC 20460; and the
lands, Incorporation by reference,
determined at time of final decision but National Archives and Records
Intergovernmental relations, Reporting
and recordkeeping requirements, Water will be no less than 30 days after Administration (NARA). If you wish to
supply. publication in the Federal Register). obtain materials from the EPA Regional
The UIC Program for Class VI wells in Office, please call (303) 312–1226; for
Dated: November 20, 2018. materials from a docket in the EPA
the State of North Dakota, except those
Andrew R. Wheeler, located on Indian lands, is the program Headquarters Library, please call the
Acting Administrator. administered by the North Dakota Water Docket at (202) 566–2426. For
For the reasons set out in the Industrial Commission (NDIC), information on the availability of this
preamble, the Environmental Protection approved by the EPA pursuant to material at NARA, call (202) 741–6030,
Agency is proposing to amend 40 CFR section 1422 of the SDWA. Notification or go to www.archives.gov/federal-
part 147 as follows: of this approval was published in the 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 effective
State citation Title/subject EPA approval date
date

North Dakota Century Code Sections 38–12–01—38–12–03 Regulation, Development and 1980 September 21, 1984, 49 FR
Production of Subsurface 37066.
Minerals.
North Dakota Century Code Sections 61–28–02 and 61–28– Control, Prevention and 1989 March 6, 1991, 56 FR 9418.
06. Abatement of Pollution of
Surface Waters.
North Dakota Century Code Sections 61–28.1–01—61–28.1– Safe Drinking Water Act ......... 2018 [insert FR citation of final rule].
12.
North Dakota Administrative Code Sections 33.1–25–01–01— Underground Injection Control 2018 [insert FR citation of final rule].
33.1–25–01–18. Program.
North Dakota Administrative Code Sections 43–02–02–01– Subsurface Mineral Explo- 1986 March 6, 1991, 56 FR 9418.
43–02–02–50. ration and Development.
North Dakota Administrative Code Sections 43–02–02.1–01— Underground Injection Control 1984 September 21, 1984, 49 FR
43–02–02.2–19. Program. 37066.
North Dakota Century Code Sections 38–22–01—38–22–23 Carbon Dioxide Underground 2009 April 24, 2018, 83 FR 17761.
Storage.
North Dakota Administrative Code Sections 38–08–16—38– Control of Oil and Gas Re- 2013 April 24, 2018, 83 FR 17761.
08–17. sources.

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Document Created: 2018-12-04 00:42:46
Document Modified: 2018-12-04 00:42:46
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before January 8, 2019. A public hearing is scheduled to be held on January 8, 2019 from 2 p.m. to 5 p.m. and 6 p.m. to 8 p.m., central daylight time. The hearing will be held only if requests are received within 30 days of publication. If no requests are received by January 3, 2019, the hearing will be cancelled. Confirmation or cancellation of the public hearing will be announced on January 3, 2019, on the EPA Region VIII's website at: https://www.epa.gov/uic/underground-injection-control-epa-region-8-co- mt-nd-sd-ut-and-wy.
Contact		Kyle Carey, 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) 564-2322; fax number: (202) 564-3754;
FR Citation		83 FR 62536
CFR Associated		Environmental Protection; Indian Lands; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Water Supply