State of North Dakota Underground Injection Control Program; Class VI Primacy Approval, 22949-22952 [2017-10001]
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Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Proposed Rules
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory action’’
subject to review by the Office of
Management and Budget under Executive
Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011);
• Does not impose an information
collection burden under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
• Is certified as not having a significant
economic impact on a substantial number of
small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate
or significantly or uniquely affect small
governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104–
4);
• Does not have Federalism implications
as specified in Executive Order 13132 (64 FR
43255, August 10, 1999);
• Is not an economically significant
regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of section
12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human health
or environmental effects, using practicable
and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
sradovich on DSK3GMQ082PROD with PROPOSALS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxides,
Visibility, Interstate transport of
pollution, Regional haze, Best available
control technology.
Authority: 42 U.S.C. 7401 et seq.
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Dated: May 1, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–10108 Filed 5–18–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2013–0280; FRL–9962–68–
OW]
State of North Dakota Underground
Injection Control Program; Class VI
Primacy Approval
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to issue a rule
approving an application from the state
of North Dakota under the Safe Drinking
Water Act (SDWA) to implement an
underground injection control (UIC)
program for Class VI injection wells
located within the state, except those on
Indian lands.
DATES: Comments must be received on
or before July 18, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2013–0280, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. 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. 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. 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://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Lisa
McWhirter, Drinking Water Protection
Division, Office of Ground Water and
Drinking Water (4606M), U.S.
SUMMARY:
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22949
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
564–2317; fax number: (202) 564–3754;
email address: mcwhirter.lisa@epa.gov
or Douglas Minter, Underground
Injection Control Unit, U.S.
Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, MSC
8WP-SUI, Denver, Colorado 80202;
telephone number: (303) 312–6079; fax
number: (303) 312–7084; email address:
minter.douglas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The state of North Dakota received
primary enforcement responsibility
(primacy) for Class I, III, IV and V
injection wells under SDWA section
1422 on October 5, 1984, and Class II
injection wells under SDWA section
1425 on September 24, 1983. The state
of North Dakota has applied to the EPA
under SDWA section 1422, 42 U.S.C.
sections 300h–1, for primacy for Class
VI injection wells, except those located
on Indian lands. This action is based on
a legal and technical review of the state
of North Dakota’s application as
directed in the Code of Federal
Regulations (CFR) at 40 CFR part 145.
As a result of this review, EPA is
proposing that the state of North
Dakota’s application meets all
applicable requirements for approval
under SDWA section 1422, and the state
is capable of administering a Class VI
UIC program in a manner consistent
with the terms and purposes of SDWA
and all applicable regulations.
II. Legal Authorities
These regulations are being
promulgated under authority of SDWA
sections 1422 and 1450, 42 U.S.C. 300h–
1 and 300j–9.
Requirements for State UIC Programs
SDWA Section 1421 requires the
Administrator of the EPA to promulgate
minimum requirements for effective
state UIC programs to prevent
underground injection activities that
endanger underground sources of
drinking water (USDWs). SDWA Section
1422 establishes requirements for states
seeking EPA approval of state UIC
programs.
For states that seek approval for UIC
programs under SDWA section 1422,
the EPA has promulgated a regulation
setting forth the applicable procedures
and substantive requirements, codified
in 40 CFR part 145. It includes
requirements for state permitting
programs (by reference to certain
provisions of 40 CFR parts 124 and 144),
compliance evaluation programs,
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enforcement authority, and information
sharing.
III. North Dakota’s Application
A. Background
On June 21, 2013, the state of North
Dakota submitted a program revision
application to add Class VI injection
wells to its SDWA section 1422 UIC
program. The EPA reviewed the
application and published a Federal
Register document of North Dakota’s
Underground Injection Control Program
Revision Application on August 9, 2013
(78 FR 48639), which sought public
comments and provided an opportunity
to request a public hearing. Public
notice of North Dakota’s application was
also published in the Bismarck Tribune
on August 9, 2013.
B. Public Participation Activities
Conducted by the State of North Dakota
The state of North Dakota held two
public hearings with public comment
periods on the state’s intent to adopt its
Class VI UIC regulations. The first
public hearing was held on April 24,
2012, and the public comment period
closed on June 8, 2012. The second
public hearing was held on October 22,
2012, and the public comment period
closed on November 1, 2012. Both
public hearings were held in Bismarck,
North Dakota, and no public comments
were received during the two public
comment periods.
sradovich on DSK3GMQ082PROD with PROPOSALS
C. Public Participation Activities
Conducted by the EPA
On August 9, 2013, a document
announcing North Dakota’s
Underground Injection Control Program
Revision was published in the Federal
Register (78 FR 48639) and in the
Bismarck Tribune. This document
provided that a public hearing would be
held if requested. The agency did not
receive any requests for a public hearing
and received five written comments.
Two comments were outside the scope
of the state’s application and three
comments were focused on the
Memorandum of Agreement between
Region 8 and the North Dakota
Industrial Commission. The EPA
worked with the Commission to address
these comments and revise the
Memorandum of Agreement.
IV. EPA’s Proposed Action
In this action, the EPA is proposing
that the state of North Dakota’s Class VI
UIC program will assume primary
enforcement authority (primacy) for
regulating 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.
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EPA–HQ–OW–2013–0280. When
finalized, this action will amend 40 CFR
part 147 and incorporate by reference
the EPA-approved state statutes and
regulations. 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 the state of North
Dakota’s Code that contain standards,
requirements, and procedures
applicable to owners or operators of
Class VI UIC wells will be incorporated
by reference into 40 CFR 147.1751.
Provisions of the state of North Dakota’s
Code that contain standards,
requirements, and procedures
applicable to owners or operators of
Class I, III, IV and V injection wells have
already been incorporated by reference
into 40 CFR 147.1751. Any provisions
incorporated by reference, as well as all
permit conditions or permit denials
issued pursuant to such provisions, will
be enforceable by the EPA pursuant to
SDWA section 1423 and 40 CFR
147.1(e).
In order to better serve the public, the
EPA is reformatting the codification of
the EPA-approved North Dakota SDWA
section 1422 Underground Injection
Control Program Statutes and
Regulations for Well Classes I, III, IV, V
and VI. Instead of codifying the North
Dakota Statutes and Regulations as
separate paragraphs, the EPA is now
codifying a binder 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 part 147.
The EPA has made, and will continue
to make, these documents available
electronically through https://
www.regulations.gov and in hard copy
at the appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
The EPA will continue to oversee the
state of North Dakota’s administration of
the SDWA Class VI program. Part of the
EPA’s oversight responsibility will
require quarterly reports of noncompliance and annual UIC
performance reports pursuant to 40
CFR144.8. The Memorandum of
Agreement between the EPA and the
state of North Dakota, signed by the
Regional Administrator on October 28,
2013, provides the EPA with the
opportunity to review and comment on
all permits.
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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. 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.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule. This rule
does not impose any requirements on
small entities as this rule approves a
state program. We have therefore
concluded that this action will have no
net regulatory burden for all directly
regulated small entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
EPA’s approval of the state of North
Dakota’s program will not constitute a
federal mandate because there is no
requirement that a state establish UIC
regulatory programs and because the
program is a state, rather than a federal
program.
E. 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
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government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. 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.
environmental health or safety standard.
This action will simply provide that the
state of North Dakota has primacy under
SDWA for the Class VI UIC program,
pursuant to which the state of North
Dakota will be implementing and
enforcing a state regulatory program that
is as stringent as the existing federal
program.
List of Subjects in 40 CFR Part 147
Environmental protection,
Incorporation by reference, Indianlands, Intergovernmental relations,
Reporting and record-keeping
requirements, Water supply.
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
Dated: May 8, 2017.
E. Scott Pruitt,
Administrator.
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it approves a state program.
For the reasons set out in the
preamble, Title 40 chapter 1 of the Code
of Federal Regulations is proposed to be
amended as follows:
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
PART 147—STATE, TRIBAL, AND
EPA–ADMINISTERED UNDERGROUND
INJECTION CONTROL PROGRAMS
1. The authority citation for part 147
is amended to read as follows:
■
Authority: 42 U.S.C. 300h et seq.; and 42
U.S.C. 6901 et seq.
2. Amend § 147.1751 by revising the
section heading, introductory text and
paragraph (a) and adding paragraphs (e)
through (h) to read as follows:
■
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. 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
§ 147.1751 State-administered program—
Class I, III, IV, V and VI wells.
The UIC program for Class I, III, IV,
and V wells in the state of North Dakota,
except those located on Indian lands, is
the program administered by the North
Dakota Department of Health, approved
by EPA pursuant to SDWA section 1422.
Notice of this approval was published in
the Federal Register on September 21,
1984; the effective date of this program
is October 5, 1984. The UIC Program for
Class VI wells in the state of North
Dakota, except those located on Indian
lands, is the program administered by
the North Dakota Industrial
22951
Commission, approved by the EPA
pursuant to SDWA section 1422. Notice
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 90 DAYS
AFTER DATE OF PUBLICATION OF
THE FINAL RULE IN THE Federal
Register]. 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
binder entitled ‘‘EPA-Approved North
Dakota SDWA § 1422 Underground
Injection Control Program Statutes and
Regulations for Well Classes I, III, IV, V
and VI’’, dated December 2013, and
Table 1 to paragraph (a) of this section
are hereby incorporated by reference
and made a part of the applicable UIC
program under SDWA for the state of
North Dakota. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of the North Dakota
regulations that are incorporated by
reference in paragraph (a) of this section
may be inspected at the U.S.
Environmental Protection Agency,
Region 8, Library 2nd Floor, 1595
Wynkoop Street, Denver, Colorado
80202; Water Docket, EPA Docket
Center (EPA/DC) EPA West, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC 20460; and the
National Archives and Records
Administration (NARA). If you wish to
obtain materials from the EPA Regional
Office, please call (303) 312–1226; for
materials from a docket in the EPA
Headquarters Library, please call the
Water Docket at (202) 566–2426. For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/
code_of_federal_regulations/
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
date
sradovich on DSK3GMQ082PROD with PROPOSALS
State citation
Title/subject
North Dakota Century Code Sections 38–12–
01—38–12–03.
North Dakota Century Code Sections 61–28–02
and 61–28–06.
North Dakota Administrative Code Sections 33–
25–01–01—33–25–01–18.
North Dakota Administrative Code Sections 43–
02–02–01—43–02–02–50.
Regulation, Development and Production of Subsurface Minerals.
Control, Prevention and Abatement of Pollution
of Surface Waters.
Underground Injection Control Program ..............
1980
Subsurface Mineral Exploration and Development.
1986
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1989
1983
19MYP1
EPA approval date 1
September 21, 1984, 49
FR 37066.
March 6, 1991, 56 FR
9418.
September 21, 1984, 49
FR 37066.
March 6, 1991, 56 FR
9418.
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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—Continued
State effective
date
State citation
Title/subject
North Dakota Administrative Code Sections 43–
02–02.1–01—43–02–02.2–19.
North Dakota Century Code Sections 38–22–
01—38–22–23.
North Dakota Administrative Code Sections 38–
08–16—38–08–17.
North Dakota Administrative Code Sections 43–
05–01–01—43–05–01–20.
Underground Injection Control Program ..............
1984
Carbon Dioxide Underground Storage .................
2009
Control of Oil and Gas Resources .......................
2013
Geologic Storage of Carbon Dioxide ...................
2013
EPA approval date 1
September 21,
FR 37066.
[Insert new FR
#].
[Insert new FR
#].
[Insert new FR
#].
1984, 49
date and
date and
date and
1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
*
*
*
*
*
(e) The Memorandum of Agreement
between EPA Region VIII and the North
Dakota Industrial Commission, signed
by the EPA Regional Administrator on
October 28, 2013.
■ (f) The Memorandum of
Understanding between the North
Dakota Industrial Commission,
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■
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Department of Mineral Resources, Oil
and Gas Division and the North Dakota
Department of Health, Water Quality
Division, Related to the Underground
Injection Control Program signed on
June 19, 2013.
■ (g) Statement of Legal Authority:
‘‘Class VI Underground Injection
Control Program, Attorney General’s
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Statement,’’ signed by the Attorney
General of North Dakota on January 22,
2013.
■ (h) The Class VI Program Description
and any other materials submitted as
part of the program revision or as
supplements thereto.
[FR Doc. 2017–10001 Filed 5–18–17; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Proposed Rules]
[Pages 22949-22952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10001]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2013-0280; FRL-9962-68-OW]
State of North Dakota Underground Injection Control Program;
Class VI Primacy Approval
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to issue a
rule approving an application from the state of North Dakota under the
Safe Drinking Water Act (SDWA) to implement an underground injection
control (UIC) program for Class VI injection wells located within the
state, except those on Indian lands.
DATES: Comments must be received on or before July 18, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2013-0280, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. 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. 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. 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://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Lisa McWhirter, Drinking Water
Protection Division, Office of Ground Water and Drinking Water (4606M),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: (202) 564-2317; fax number:
(202) 564-3754; email address: mcwhirter.lisa@epa.gov or Douglas
Minter, Underground Injection Control Unit, U.S. Environmental
Protection Agency, Region 8, 1595 Wynkoop Street, MSC 8WP-SUI, Denver,
Colorado 80202; telephone number: (303) 312-6079; fax number: (303)
312-7084; email address: minter.douglas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The state of North Dakota received primary enforcement
responsibility (primacy) for Class I, III, IV and V injection wells
under SDWA section 1422 on October 5, 1984, and Class II injection
wells under SDWA section 1425 on September 24, 1983. The state of North
Dakota has applied to the EPA under SDWA section 1422, 42 U.S.C.
sections 300h-1, for primacy for Class VI injection wells, except those
located on Indian lands. This action is based on a legal and technical
review of the state of North Dakota's application as directed in the
Code of Federal Regulations (CFR) at 40 CFR part 145. As a result of
this review, EPA is proposing that the state of North Dakota's
application meets all applicable requirements for approval under SDWA
section 1422, and the state is capable of administering a Class VI UIC
program in a manner consistent with the terms and purposes of SDWA and
all applicable regulations.
II. Legal Authorities
These regulations are being promulgated under authority of SDWA
sections 1422 and 1450, 42 U.S.C. 300h-1 and 300j-9.
Requirements for State UIC Programs
SDWA Section 1421 requires the Administrator of the EPA to
promulgate minimum requirements for effective state UIC programs to
prevent underground injection activities that endanger underground
sources of drinking water (USDWs). SDWA Section 1422 establishes
requirements for states seeking EPA approval of state UIC programs.
For states that seek approval for UIC programs under SDWA section
1422, the EPA has promulgated a regulation setting forth the applicable
procedures and substantive requirements, codified in 40 CFR part 145.
It includes requirements for state permitting programs (by reference to
certain provisions of 40 CFR parts 124 and 144), compliance evaluation
programs,
[[Page 22950]]
enforcement authority, and information sharing.
III. North Dakota's Application
A. Background
On June 21, 2013, the state of North Dakota submitted a program
revision application to add Class VI injection wells to its SDWA
section 1422 UIC program. The EPA reviewed the application and
published a Federal Register document of North Dakota's Underground
Injection Control Program Revision Application on August 9, 2013 (78 FR
48639), which sought public comments and provided an opportunity to
request a public hearing. Public notice of North Dakota's application
was also published in the Bismarck Tribune on August 9, 2013.
B. Public Participation Activities Conducted by the State of North
Dakota
The state of North Dakota held two public hearings with public
comment periods on the state's intent to adopt its Class VI UIC
regulations. The first public hearing was held on April 24, 2012, and
the public comment period closed on June 8, 2012. The second public
hearing was held on October 22, 2012, and the public comment period
closed on November 1, 2012. Both public hearings were held in Bismarck,
North Dakota, and no public comments were received during the two
public comment periods.
C. Public Participation Activities Conducted by the EPA
On August 9, 2013, a document announcing North Dakota's Underground
Injection Control Program Revision was published in the Federal
Register (78 FR 48639) and in the Bismarck Tribune. This document
provided that a public hearing would be held if requested. The agency
did not receive any requests for a public hearing and received five
written comments. Two comments were outside the scope of the state's
application and three comments were focused on the Memorandum of
Agreement between Region 8 and the North Dakota Industrial Commission.
The EPA worked with the Commission to address these comments and revise
the Memorandum of Agreement.
IV. EPA's Proposed Action
In this action, the EPA is proposing that the state of North
Dakota's Class VI UIC program will assume primary enforcement authority
(primacy) for regulating 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-2013-0280. When
finalized, this action will amend 40 CFR part 147 and incorporate by
reference the EPA-approved state statutes and regulations. 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 the state of North Dakota's Code that contain
standards, requirements, and procedures applicable to owners or
operators of Class VI UIC wells will be incorporated by reference into
40 CFR 147.1751. Provisions of the state of North Dakota's Code that
contain standards, requirements, and procedures applicable to owners or
operators of Class I, III, IV and V injection wells have already been
incorporated by reference into 40 CFR 147.1751. Any provisions
incorporated by reference, as well as all permit conditions or permit
denials issued pursuant to such provisions, will be enforceable by the
EPA pursuant to SDWA section 1423 and 40 CFR 147.1(e).
In order to better serve the public, the EPA is reformatting the
codification of the EPA-approved North Dakota SDWA section 1422
Underground Injection Control Program Statutes and Regulations for Well
Classes I, III, IV, V and VI. Instead of codifying the North Dakota
Statutes and Regulations as separate paragraphs, the EPA is now
codifying a binder 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 part 147. The EPA has made, and will
continue to make, these documents available electronically through
https://www.regulations.gov and in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
The EPA will continue to oversee the state of North Dakota's
administration of the SDWA Class VI program. Part of the EPA's
oversight responsibility will require quarterly reports of non-
compliance and annual UIC performance reports pursuant to 40 CFR144.8.
The Memorandum of Agreement between the EPA and the state of North
Dakota, signed by the Regional Administrator on October 28, 2013,
provides the EPA with the opportunity to review and comment on all
permits.
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. 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.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule does not impose any
requirements on small entities as this rule approves a state program.
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. EPA's approval of
the state of North Dakota's program will not constitute a federal
mandate because there is no requirement that a state establish UIC
regulatory programs and because the program is a state, rather than a
federal program.
E. 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
[[Page 22951]]
government and the states, or on the distribution of power and
responsibilities among the various levels of government.
F. 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.
G. 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 a state program.
H. 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.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA has determined that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard. This action will
simply provide that the state of North Dakota has primacy under SDWA
for the Class VI UIC program, pursuant to which the state of North
Dakota will be implementing and enforcing a state regulatory program
that is as stringent as the existing federal program.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian-lands,
Intergovernmental relations, Reporting and record-keeping requirements,
Water supply.
Dated: May 8, 2017.
E. Scott Pruitt,
Administrator.
For the reasons set out in the preamble, Title 40 chapter 1 of the
Code of Federal Regulations is proposed to be amended as follows:
PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS
0
1. The authority citation for part 147 is amended to read as follows:
Authority: 42 U.S.C. 300h et seq.; and 42 U.S.C. 6901 et seq.
0
2. Amend Sec. 147.1751 by revising the section heading, introductory
text and paragraph (a) and adding paragraphs (e) through (h) to read as
follows:
Sec. 147.1751 State-administered program--Class I, III, IV, V and VI
wells.
The UIC program for Class I, III, IV, and V wells in the state of
North Dakota, except those located on Indian lands, is the program
administered by the North Dakota Department of Health, approved by EPA
pursuant to SDWA section 1422. Notice of this approval was published in
the Federal Register on September 21, 1984; the effective date of this
program is October 5, 1984. The UIC Program for Class VI wells in the
state of North Dakota, except those located on Indian lands, is the
program administered by the North Dakota Industrial Commission,
approved by the EPA pursuant to SDWA section 1422. Notice 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 90 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN
THE Federal Register]. This program consists of the following elements,
as submitted to the EPA in the state's program revision application.
0
(a) Incorporation by reference. The requirements set forth in the state
statutes and regulations cited in the binder entitled ``EPA-Approved
North Dakota SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Classes I, III, IV, V and VI'', dated
December 2013, and Table 1 to paragraph (a) of this section are hereby
incorporated by reference and made a part of the applicable UIC program
under SDWA for the state of North Dakota. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of the North Dakota regulations
that are incorporated by reference in paragraph (a) of this section may
be inspected at the U.S. Environmental Protection Agency, Region 8,
Library 2nd Floor, 1595 Wynkoop Street, Denver, Colorado 80202; Water
Docket, EPA Docket Center (EPA/DC) EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC 20460; and the National Archives
and Records Administration (NARA). If you wish to obtain materials from
the EPA Regional Office, please call (303) 312-1226; for materials from
a docket in the EPA Headquarters Library, please call the Water Docket
at (202) 566-2426. For information on the availability of this material
at NARA, call (202) 741-6030, or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Table 1 to Paragraph (a) EPA-Approved North Dakota SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Classes I, III, IV, V and VI
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date \1\
----------------------------------------------------------------------------------------------------------------
North Dakota Century Code Sections 38- Regulation, Development and 1980 September 21, 1984, 49
12-01--38-12-03. Production of Subsurface FR 37066.
Minerals.
North Dakota Century Code Sections 61- Control, Prevention and 1989 March 6, 1991, 56 FR
28-02 and 61-28-06. Abatement of Pollution of 9418.
Surface Waters.
North Dakota Administrative Code Underground Injection Control 1983 September 21, 1984, 49
Sections 33-25-01-01--33-25-01-18. Program. FR 37066.
North Dakota Administrative Code Subsurface Mineral Exploration 1986 March 6, 1991, 56 FR
Sections 43-02-02-01--43-02-02-50. and Development. 9418.
[[Page 22952]]
North Dakota Administrative Code Underground Injection Control 1984 September 21, 1984, 49
Sections 43-02-02.1-01--43-02-02.2-19. Program. FR 37066.
North Dakota Century Code Sections 38- Carbon Dioxide Underground 2009 [Insert new FR date and
22-01--38-22-23. Storage. #].
North Dakota Administrative Code Control of Oil and Gas 2013 [Insert new FR date and
Sections 38-08-16--38-08-17. Resources. #].
North Dakota Administrative Code Geologic Storage of Carbon 2013 [Insert new FR date and
Sections 43-05-01-01--43-05-01-20. Dioxide. #].
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
* * * * *
0
(e) The Memorandum of Agreement between EPA Region VIII and the North
Dakota Industrial Commission, signed by the EPA Regional Administrator
on October 28, 2013.
0
(f) The Memorandum of Understanding between the North Dakota Industrial
Commission, Department of Mineral Resources, Oil and Gas Division and
the North Dakota Department of Health, Water Quality Division, Related
to the Underground Injection Control Program signed on June 19, 2013.
0
(g) 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.
0
(h) The Class VI Program Description and any other materials submitted
as part of the program revision or as supplements thereto.
[FR Doc. 2017-10001 Filed 5-18-17; 8:45 am]
BILLING CODE 6560-50-P
