Wyoming Underground Injection Control Program; Class VI Primacy
| Published date | 14 April 2020 |
| Citation | 85 FR 20621 |
| Record Number | 2020-07223 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
Federal Register, Volume 85 Issue 72 (Tuesday, April 14, 2020)
[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Proposed Rules]
[Pages 20621-20624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07223]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2020-0123; FRL-10007-48-OW]
Wyoming Underground Injection Control Program; Class VI Primacy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) has received a
complete Underground Injection Control (UIC) program revision package
from the State of Wyoming requesting approval of a revision to the
State's Safe Drinking Water Act (SDWA) section 1422 UIC program to
include Class VI injection well primary implementation and enforcement
authority (primacy). The EPA proposes to approve the application from
Wyoming under the SDWA to implement a UIC program for Class VI
injection wells located within the State, except those on Indian
country. This revision would allow the Wyoming Department of
Environmental Quality to issue UIC permits for geologic carbon
sequestration facilities as Class VI wells and ensure compliance of
Class VI wells with applicable requirements under the UIC program. The
EPA is requesting public comments and announcing that any member of the
public may request a public hearing.
DATES: The application is available for inspection and copying at the
address appearing in the ADDRESSES section of this document. Comments
must be received on or before May 29, 2020. Requests for a public
hearing will be accepted until April 29, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2020-0123, to the Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OW-2020-0123 for this rulemaking. Comments received may be
posted without change to https://www.regulations.gov/, including any
personal information provided. For detailed instructions on sending
comments and additional information on the rulemaking process, see the
``Public Participation'' heading in the SUPPLEMENTARY INFORMATION
section of this document.
Public Hearing
Only if requested, a public hearing will be held on May 14, 2020
from 9 a.m. to 5 p.m. at 200 West 17th Street, Room 210, Cheyenne,
Wyoming 82002. The hearing details will be provided in a Federal
Register publication if requested.
FOR FURTHER INFORMATION CONTACT: Molly McEvoy, 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) 564-4765; fax number:
(202) 564-3754; email address: [email protected] or Wendy Cheung,
Underground Injection Control Unit, U.S. Environmental Protection
Agency, Region 8, 1595 Wynkoop Street, MSC 8WD-SDU, Denver, Colorado
80202; telephone number: (303) 312-6242; fax number: (303) 312-7206;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2020-
0123, at https://www.regulations.gov/ (our preferred method). Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. If you need to submit CBI, contact Wendy Cheung,
contact information available in the FOR FURTHER INFORMATION CONTACT
section. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
B. Participation in Public Hearing
Only if requested, a public hearing will be held on May 14, 2020
from 9:00 a.m. to 5:00 p.m. at 200 West 17th Street, Room 210,
Cheyenne, Wyoming 82001. Requests for a hearing may be sent to Wendy
Cheung, EPA Region 8, 1595 Wynkoop Street, MSC 8WD-SDU, Denver,
Colorado 80202. For additional information regarding the public
hearing, please contact Wendy Cheung at (303) 312-6242 or
[email protected].
The EPA will begin pre-registering speakers for the hearing upon
publication of this document in the Federal Register. To register to
speak at the hearing, please contact Wendy Cheung, EPA Region 8, 1595
Wynkoop Street, MSC 8WD-SDU, Denver, Colorado 80202. For additional
information regarding the public hearing, please contact Wendy Cheung
(303) 312-6242 or [email protected].
The last day to pre-register to speak at the hearing will be May 8,
2020. On
[[Page 20622]]
May 13, 2020 the EPA will post a general agenda for the hearing that
will list pre-registered speakers in approximate order at: https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy#public-notices.
If the EPA convenes a hearing, the Agency with make every effort to
follow the schedule as closely as possible on the day of the hearing;
however, please plan for the hearing to run either ahead of schedule or
behind schedule. Additionally, requests to speak will be taken the day
of the hearing at the hearing registration desk. The EPA will make
every effort to accommodate all speakers who arrive and register,
although preferences on speaking times may not be able to be fulfilled.
Each commenter will have five minutes to provide oral testimony.
The EPA encourages commenters to provide the EPA with a copy of their
oral testimony electronically (via email) or in hard copy form.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing. Commenters
should notify Wendy Cheung at (303) 312-6242 or [email protected] if
they will need specific equipment or if there are other special needs
related to providing comments at the hearings.
Confirmation of the public hearing will be announced on May 14,
2020. Any updates made to any aspect of the hearing including
registration information and the hearing procedure, should a hearing be
requested, will be posted online at https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy#public-notices. Please monitor our website to determine if there are
any updates. The EPA does not intend to publish a document in the
Federal Register announcing updates.
The EPA will not provide audiovisual equipment for presentations
unless we receive special requests in advance. Commenters should notify
Wendy Cheung at (303) 312-6242 or [email protected] when they pre-
register to speak if they will need specific equipment. If you require
the service of a translator or special accommodations such as audio
description, please pre-register for the hearing and describe your
needs by May 7, 2020. We may not be able to arrange accommodations
without advanced notice.
C. Public Participation Activities Conducted by Wyoming
In 2019, Wyoming held two public hearings with public comment
periods on the State's intent to adopt its Class VI UIC regulations.
The Wyoming Water and Waste Advisory Board (WWAB) held the first public
hearing on June 25, 2019, in Casper, Wyoming. The State accepted public
comments beginning on May 17, 2019, through the adjournment of the
public hearing. The Wyoming Environmental Quality Council held the
second public hearing on November 19, 2019, in Cheyenne, Wyoming. The
State accepted comments on proposed revisions from September 13, 2019
through October 30, 2019. The Wyoming Class VI regulations were signed
by the Governor on January 23, 2020. Documentation of all public
participation activities, including those associated with Class VI UIC
regulations and subsequent revisions that the State proposed before
2019, can be found in EPA's Docket ID No. EPA-HQ-OW-2020-0123.
II. Introduction
Wyoming received primacy for Class I, III, IV, and V injection
wells under SDWA section 1422 on August 17, 1983, and Class II
injection wells under SDWA section 1425 on December 23, 1982. Wyoming
has applied to the EPA under section 1422 of the SDWA, 42 U.S.C. 300h-
1, for primacy for Class VI injection wells, except those located on
Indian lands. The UIC program revision package from Wyoming includes a
description of the State Underground Injection Control program, copies
of all applicable rules and forms, a statement of legal authority, a
summary and results of Wyoming's public participation activities, and a
Memorandum of Agreement between Wyoming and the EPA Region 8 office.
This proposed action is based on a legal and technical review of
Wyoming's application as directed in the Code of Federal Regulations
(CFR) at 40 CFR part 145. As a result of this review, the EPA is
proposing to approve Wyoming's application for primacy, based on its
finding that the program meets all applicable requirements for approval
under SDWA section 1422 and the State is capable of administering a
Class VI UIC program in a manner consistent with the terms and purposes
of the SDWA and all applicable regulations.
III. Legal Authorities
This proposed action would be taken under the authority of sections
1422 and 1450 of the SDWA, 42 U.S.C. 300h-1 and 300j-9.
Section 1421 of the SDWA requires the Administrator of the EPA to
promulgate minimum requirements for effective State UIC programs to
prevent underground injection activities that endanger underground
sources of drinking water (USDWs). Section 1422 of the SDWA establishes
requirements for states seeking EPA approval of State UIC programs.
For states that seek approval for UIC programs under section 1422
of the SDWA, the EPA has promulgated a regulation setting forth the
applicable procedures and substantive requirements, codified in 40 CFR
part 145. It includes requirements for state permitting programs (by
reference to certain provisions of 40 CFR parts 124 and 144),
compliance evaluation programs, enforcement authority, and information
sharing.
IV. Wyoming's Application
On January 31, 2020, Wyoming submitted a program revision
application to add Class VI injection wells to the State's SDWA section
1422 UIC program. The UIC program revision package from Wyoming
includes a description of the State UIC program, copies of all
applicable rules and forms, a statement of legal authority, a summary
and results of Wyoming's public participation activities, and a
Memorandum of Agreement between Wyoming and the EPA's Region 8 office.
The EPA reviewed the application for completeness and simultaneously
performed a technical evaluation of the application materials.
V. EPA's Proposed Action--Incorporation by Reference
In this action, the EPA is proposing to approve primacy for the
State of Wyoming's Class VI UIC program over Class VI injection wells
in the State, except for those located on Indian lands. Support of this
action is part of the public record in EPA's Docket No. EPA-HQ-OW-2020-
0123. When finalized, this action will amend 40 CFR 147.2550 and
incorporate by reference the EPA-approved state program. The EPA will
continue to administer its UIC program for Class I, II, III, IV, V, and
VI injection wells on Indian lands.
The provisions of Wyoming's Code that contain standards,
requirements, and procedures applicable to owners or operators of Class
VI UIC wells, as described in the regulatory text, will be incorporated
by reference into 40 CFR 147.2550. Provisions of Wyoming's Code that
contain standards, requirements, and procedures applicable to owners or
operators of Class I, III, IV, and V injection wells
[[Page 20623]]
have already been incorporated by reference into 40 CFR 147.2550 but
are being reapproved for this new format. Any provisions incorporated
by reference, as well as all permit conditions or permit denials issued
pursuant to such provisions, will be enforceable by the EPA pursuant to
section 1423 of the SDWA and 40 CFR 147.1(e).
In order to better serve the public, the EPA is reformatting the
codification of the EPA-approved Wyoming SDWA section 1422 UIC Program
Statutes and Regulations for Well Classes I, III, IV, V, and VI.
Instead of codifying Wyoming Statutes and Regulations as separate
paragraphs, the EPA is now codifying a notebook that contains the EPA-
approved Wyoming Statutes and Regulations for Well Classes I, III, IV,
V, and VI. This notebook will be incorporated by reference into 40 CFR
147.2550 and the documents will be available at https://www.regulations.gov in the docket for this rule. The EPA will also
codify a table listing the EPA-approved Wyoming Statutes and
Regulations for Well Classes I, III, IV, V, and VI in 40 CFR 147.2550.
The EPA will continue to oversee Wyoming's administration of the
SDWA Class VI program. Part of the EPA's oversight responsibility will
require quarterly reports of non-compliance and annual UIC performance
reports pursuant to 40 CFR144.8. The Memorandum of Agreement between
the EPA and Wyoming, signed by the Regional Administrator on March 20,
2020, makes available to the EPA any information obtained or used by
Wyoming's Class VI UIC program without restriction.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review 13563
This action is exempt from review by the Office of Management and
Budget (OMB) because it is a proposed approval of a state UIC program.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This proposed action is not an Executive Order 13771 regulatory
action because this action is exempt under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This proposed action does not impose any new information collection
burden under the PRA. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control number 2040-0042. Reporting or recordkeeping
requirements will be based on Wyoming's UIC Regulations, and the State
of Wyoming is not subject to the PRA.
D. Regulatory Flexibility Act (RFA)
I certify that this proposed 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 proposed action does
not impose any requirements on small entities as this proposed action
would approve a state program.
E. Unfunded Mandates Reform Act (UMRA)
This proposed 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 proposed action imposes no
enforceable duty on any state, local or tribal governments or the
private sector. EPA's proposed approval of Wyoming's program will not
constitute a federal mandate because there is no requirement that a
state establish UIC regulatory programs and because the program is a
state, rather than a federal program.
F. Executive Order 13132: Federalism
This proposed 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 proposed action does not have tribal implications as specified
in Executive Order 13175. This proposed 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 proposed action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This proposed action is not
subject to Executive Order 13045 because it approves a state program.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed 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 proposed action 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 proposed 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 proposed
action is simply proposing to provide that Wyoming has primacy under
the SDWA for the Class VI UIC program, pursuant to which Wyoming will
be implementing and enforcing a state regulatory program that is as
stringent as the existing federal program.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian lands,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.
Andrew Wheeler,
Administrator.
For the reasons set out in the preamble, the Environmental
Protection Agency proposes 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 continues to read as follows:
Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.
[[Page 20624]]
0
2. Amend Sec. 147.2550 by:
0
a. Revising the section heading;
0
b. Revising the introductory text and paragraph (a); and
0
c. Adding paragraph (c) subject heading, and paragraphs (c)(6) and (7),
and (d)(3) and (4).
The revisions and additions read as follows:
Sec. 147.2550 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
Wyoming, except those located on Indian lands, is the program
administered by Wyoming Department of Environmental Quality, approved
by the EPA pursuant to the Safe Drinking Water Act (SDWA) section 1422.
The effective date of this program is August 17, 1983. The UIC Program
for Class VI wells in Wyoming, except those located on Indian lands, is
the program administered by Wyoming Department of Environmental
Quality, approved by the EPA pursuant to SDWA section 1422. Notice of
this approval was published in the Federal Register on [DATE OF FINAL
RULE]; the effective date of this program is [DATE OF FINAL RULE]. This
program consists of the following elements, as submitted to the EPA in
the State's program revision application.
(a) Incorporation by reference. The requirements set forth in the
state statutes and regulations cited in the notebook entitled ``EPA-
Approved Wyoming SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Classes I, III, IV, V and VI'', dated
March 31, 2020 (contained in Table 1 to paragraph (a) of this section),
are hereby incorporated by reference and made a part of the applicable
UIC program under the SDWA for Wyoming. 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 State of Wyoming's
regulations that are incorporated by reference may be inspected at the
U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
MSC 8WD-SDU, Denver, Colorado 80202; Water Docket, EPA Docket Center
(EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC
20460. If you wish to obtain materials from the EPA Regional Office,
please call (303) 312-7226; for materials from a docket in the EPA
Headquarters Library, please call the Water Docket at (202) 566-
2426.You may also inspect the materials at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, email [email protected], or go to
www.archives.gov/federal-register/cfr/ibr-locations.html.
Table 1 to Paragraph (a) EPA-Approved Wyoming SDWA Sec. 1422 Underground Injection Control Program Statutes
and Regulations for Well Classes I, III, IV, V and VI
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State
State citation Title/subject effective date EPA approval date \1\
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Wyoming Statutes sections 35-11-101 Wyoming Environmental 1989 March 6, 1991, 56 FR 9421.
through 35-11-115, and 35-11-301 Quality Act.
through 35-11-305.
Water Quality Rules and Regulations, Regulations for Permit to 1983 May 11, 1984, 49 FR 20197.
Wyoming Department of Environmental Construct, Install or
Quality Chapter III: Regulations for Modify Public Water
Permit to Construct, Install or Modify Supplies, Wastewater
Public Facilities Capable or, (sic) Facilities, Disposal
Causing or Contributing to Pollution. Systems, Biosolids
Management Facilities,
Treated Wastewater Reuse
Systems and Other
Facilities Capable of
Causing or Contributing
to Pollution.
Water Quality Rules and Regulations, Quality Standards for 1980 May 11, 1984, 49 FR 20197.
Wyoming Department of Environmental Groundwaters of Wyoming.
Quality, Chapter VIII: Quality
Standards for Groundwaters of Wyoming.
Water Quality Rules and Regulations, Wyoming Groundwater 1980 May 11, 1984, 49 FR 20197.
Wyoming Department of Environmental Pollution Control Permit.
Quality, Chapter IX: Wyoming
Groundwater Pollution Control Permit.
Water Quality Rules and Regulations, Prohibitions of Permits 1989 March 6, 1991, 56 FR 9421.
Wyoming Department of Environmental for New Hazardous Waste
Quality, Chapter XIII: Prohibitions of Injection Wells.
Permits for New Hazardous Waste
Injection Wells.
Land Quality Rules and Regulations, In Situ Mining............ 1981 May 11, 1984, 49 FR 20197.
Wyoming Department of Environmental
Quality, Chapter XXI: In Situ Mining.
Water Quality Rules and Regulations, Class VI Injection Wells 2020 [DATE and CITATION of
Wyoming Department of Environmental and Facilities FINAL RULE].
Quality, Chapter XXIV: Class VI Underground and Injection
Injection Wells and Facilities Control Program.
Underground and Injection Control
Program.
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register publication cited in this column for the particular provision.
* * * * *
(c) Statements of agreement.
* * * * *
(6) Memorandum of Agreement addendum between EPA, Region VIII and
Wyoming Department of Environmental Quality, signed by the EPA Regional
Administrator on March 20, 2020.
(7) Letter from Governor of Wyoming to Regional Administrator, EPA
Region VIII, ``Re: UIC Program Class VI Application,'' January 23,
2020.
(d) * * *
(3) ``Attorney General's Statement--``Attorney General's Statement
to Accompany Wyoming's Underground Injection Control Program Class VI
Primacy Application,'' signed by Attorney General and Assistant
Attorney General for the State of Wyoming, January 9, 2020.
(4) Letter form Attorney General for the State of Wyoming to
Regional Counsel, EPA Region VIII, ``Re: Wyoming Underground Injection
Control Program Class VI Regulations,'' October 25, 2019.
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[FR Doc. 2020-07223 Filed 4-13-20; 8:45 am]
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