State of Idaho Voluntary Transfer of Primacy of the Class II Underground Injection Control Program to the Environmental Protection Agency, 55968-55970 [2017-24637]
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55968
Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
C. EPA Recommendations To Further
Improve the Rule and Appendix
The TSD describes additional
revisions that we recommend for the
next time ADEQ modifies the rule and
appendix.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule and
appendix because they fulfill all
relevant requirements. We will accept
comments from the public on this
proposal until December 27, 2017. If we
take final action to approve the
submitted rule and appendix, our final
action will incorporate them into the
federally enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the ADEQ rules described in Table 1 of
this preamble. The EPA has made, and
will continue to make, these materials
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
pmangrum on DSK3GDR082PROD with PROPOSALS1
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
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 proposed
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);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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• 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
application of those requirements would
be inconsistent with the CAA; and
• does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, 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 the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 16, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017–25567 Filed 11–24–17; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2017–0584; FRL–9970–73–
OW]
State of Idaho Voluntary Transfer of
Primacy of the Class II Underground
Injection Control Program to the
Environmental Protection Agency
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice of the
transfer of the state of Idaho’s
Underground Injection Control (UIC)
program for Class II injection wells from
Idaho to EPA, and is concurrently
issuing a proposed rule to amend EPA’s
UIC regulations to reflect such transfer.
This transfer would be effective upon
publication in the Federal Register of a
final rule revising such regulations.
Idaho submitted a formal request that
EPA transfer and directly implement the
Class II UIC Program. Idaho would
maintain primacy for Class I, III, IV, and
V injection wells pursuant to their EPAapproved program in 1985.
DATES: Comments must be received on
or before January 11, 2018. A public
hearing will be held only if there is
significant public interest. Request for a
public hearing will be accepted until
December 12, 2017. Only if requested, a
public hearing will be held on January
8, 2018, from 2 p.m. to 5 p.m., at the
Banner Bank Building, 950 W. Bannock
Street, Boise, Idaho. Requests for a
public hearing may be mailed to: Evan
Osborne, U.S. Environmental Protection
Agency, Region 10, 1200 6th Ave., OCE–
101, Seattle, Washington 98101. For
additional information regarding the
public hearing, please contact Evan
Osborne (206) 553–1747 or
osborne.evan@epa.gov.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2017–0584, 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
SUMMARY:
E:\FR\FM\27NOP1.SGM
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
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:
Colin Dyroff, Drinking Water Protection
Division, Office of Ground Water and
Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
564–3149; fax number: (202) 564–3754;
email address: dyroff.colin@epa.gov; or
Evan Osborne, U.S. Environmental
Protection Agency, Region 10, 1200 6th
Ave., OCE–101, Seattle, Washington
98101; telephone number: (206) 553–
1747; fax number: (206) 553–1762;
email address: osborne.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3GDR082PROD with PROPOSALS1
I. Why is EPA taking this action?
On August 25, 2017, EPA received a
letter from the Idaho Department of
Water Resources (IDWR), formally
requesting that EPA transfer and
directly implement the Class II UIC
program in Idaho, pursuant to 40 CFR
145.34(a). Class II injection wells inject
fluids (1) that are brought to the surface
in connection with natural gas storage,
or oil or natural gas production; or (2)
for the purpose of enhanced oil or
natural gas recovery; or (3) for the
storage of hydrocarbons, which are
liquid at standard temperature and
pressure. Idaho received primary
implementation and enforcement
authority (primacy) for Class I, II, III, IV,
and V injection wells under the Safe
Drinking Water Act, section 1422, on
July 22, 1985. Idaho has since
maintained primacy for these injection
well classes in Idaho, including Class II.
Class II injection wells were banned
in Idaho under the state’s regulations in
1985, when EPA originally approved
Idaho primacy, and as a result, this ban
was codified in EPA’s regulations.
However, in 2013, the state passed
legislation which allows these wells.
Although the state’s regulations now
allow Class II wells, Idaho has not
issued any Class II permits because EPA
has not approved the change to Idaho’s
approved Class II UIC program and the
wells remain banned under federal law;
therefore, the state is not authorized to
issue Class II permits. The voluntary
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transfer of authority for the UIC Class II
program to EPA would allow EPA to
issue Class II permits in Idaho. EPA
would be responsible for the direct
implementation of the Class II
underground injection program in
Idaho, including permitting,
compliance, and enforcement
responsibilities, pursuant to the SDWA
and federal UIC regulations.
This Federal Register document
constitutes public notice of the transfer
of Idaho’s Class II program to EPA, as
required by 40 CFR 145.34(a)(3). In this
Federal Register document, EPA also
proposes to make conforming changes to
its regulations to reflect such transfer.
40 CFR part 147 sets forth the applicable
UIC programs for each of the states. This
rule would update 40 CFR part 147,
subpart N, which currently lists Idaho
as having primacy over Class II, to
indicate that EPA will directly
implement the Class II UIC program in
Idaho. This transfer of authority will be
effective upon publication of the final
rule, revising such regulations, in the
Federal Register. Because the transfer
and rulemaking will allow wells to be
permitted that were previously banned,
EPA finds that there is ‘‘good cause’’ to
make this rule, when final, effective
upon publication in the Federal
Register. 5 U.S.C. 553(d)(1) and (3).
II. Legal Authorities
A state with an approved primacy
program may voluntarily transfer UIC
program responsibilities to EPA,
pursuant to 40 CFR 145.34(a). The
regulations require that EPA provide
notice of such transfer in the Federal
Register at least 30 days before the
transfer is to occur. 40 CFR 145.34(a)(3).
The regulations do not provide for
opportunity to comment on whether to
transfer, and accordingly, EPA is not
taking comment on such transfer.
EPA’s regulations at 40 CFR part 147
set forth the applicable UIC programs
for each of the states. This rule would
make ministerial revisions to these
regulations to reflect the transfer noticed
herein. Specifically, the rule would
revise 40 CFR part 147, subpart N, to
indicate that the Class II UIC program
for Idaho is to be directly implemented
by EPA, and consists of the UIC program
requirements of 40 CFR parts 124, 144,
146, and 148. EPA is taking comment
only on these revisions.
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55969
III. 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.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule. This rule
does not impose any requirements on
small entities; this action withdraws a
state program and therein transfers
direct implementation of the Class II
UIC program to EPA. We have therefore
concluded that this action will have no
net regulatory burden for any directly
regulated small entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This rule does not impose
any mandates on small entities; this
action withdraws a state program and
therein transfers direct implementation
of the Class II UIC program to EPA.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. This action
contains no federal mandates for state
and local governments and does not
impose any enforceable duties on state
and local governments. This action
merely withdraws a state program (at
the voluntary request from Idaho) and
therein transfers implementation of the
Class II UIC program to EPA.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action contains no
federal mandates for tribal governments
and does not impose any enforceable
duties on tribal governments. Thus,
Executive Order 13175 does not apply
to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
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 action is not
subject to Executive Order 13045
because it transfers a state program.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
pmangrum on DSK3GDR082PROD with PROPOSALS1
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 rule does not impose any health or
safety standards; this action transfers a
state program and therein transfers
direct implementation of the Class II
UIC program to EPA.
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Jkt 244001
List of Subjects in 40 CFR Part 147
Environmental protection, Indian—
lands, Intergovernmental relations,
Reporting and recordkeeping
requirements, Water supply.
Idaho is June 11, 1984. The effective
date of the UIC program for Class II
wells on non-Indian lands in Idaho is
[date of publication of final rule in the
Federal Register].
Dated: November 6, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017–24637 Filed 11–24–17; 8:45 am]
BILLING CODE 6560–50–P
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 EPAADMINISTERED UNDERGROUND
INJECTION CONTROL PROGRAMS
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 51 and 52
[WC Docket No. 17–244, WC Docket No.
13–97; FCC 17–133]
■
Nationwide Number Portability;
Numbering Policies for Modern
Communications
Authority: 42 U.S.C. 300h et seq.; and 42
U.S.C. 6901 et seq.
AGENCY:
1. The authority citation for part 147
is revised to read as follows:
Subpart N—Idaho
2. Amend § 147.650 by revising the
section heading and the introductory
paragraph to read as follows:
■
§ 147.650 State-administered program—
Class I, III, IV, and V wells.
The UIC program for Class I, III, IV,
and V wells in the state of Idaho, other
than those on Indian lands, is the
program administered by the Idaho
Department of Water Resources,
approved by EPA pursuant to section
1422 of the Safe Drinking Water Act.
Notice of this approval was published in
the Federal Register on June 7, 1985;
the effective date of this program is July
22, 1985. This program consists of the
following elements, as submitted to EPA
in Idaho’s program application. Note:
because EPA subsequently transferred
the Class II UIC program from the Idaho
Department of Water Resources to EPA,
references to Class II in the following
elements are no longer relevant or
applicable for federal UIC purposes.
*
*
*
*
*
■ 3. Amend § 147.651 by revising the
section heading and paragraphs (a) and
(b) to read as follows:
§ 147.651 EPA-administered program—
Class II wells and all wells on Indian lands.
(a) Contents. EPA administers the UIC
program for all classes of wells on
Indian lands and for Class II wells on
non-Indian lands in the state of Idaho.
This program consists of the UIC
program requirements of 40 CFR parts
124, 144, 146, 148, and any additional
requirements set forth in the remainder
of this subpart. Injection well owners
and operators, and EPA shall comply
with these requirements.
(b) Effective dates. The effective date
of the UIC program for Indian lands in
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Federal Communications
Commission.
ACTION: Proposed rule.
In this document, the
Commission seeks comment on how
best to move toward complete
nationwide number portability (NNP) to
promote competition among all service
providers. The NPRM proposes to
eliminate the N–1 query requirement,
and also proposes to forbear from the
dialing parity requirements for
competitive LECs that remain after the
2015 USTelecom Forbearance Order as
they apply to interexchange services.
The NPRM asserts these changes will
remove regulatory barriers to NNP and
better reflect the competitive realities of
today’s marketplace. The NOI seeks to
refresh the record in the 2013 Future of
Numbering NOI. It also seeks comment
on four NNP models proposed by ATIS:
Nationwide implementation of local
routing numbers (LRNs); nonGeographic LRNs (NGLRNs);
commercial agreements; and iconectiv’s
GR–2982–CORE. The NOI finally seeks
comment on the implications of these
proposals as they relate to public safety,
access by individuals with disabilities,
tariffs, and intercarrier compensation.
DATES: Comments are due on or before
December 27, 2017, and reply comments
are due on or before January 26, 2018.
Written comments on the Paperwork
Reduction Act proposed information
collection requirements must be
submitted by the public, Office of
Management and Budget (OMB), and
other interested parties on or before
January 26, 2018.
ADDRESSES: You may submit comments,
identified by both WC Docket No. 17–
244, and WC Docket No. 13–97 by any
of the following methods:
• Federal Communications
Commission’s Web site: https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55968-55970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24637]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2017-0584; FRL-9970-73-OW]
State of Idaho Voluntary Transfer of Primacy of the Class II
Underground Injection Control Program to the Environmental Protection
Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of the transfer of the state of Idaho's Underground Injection Control
(UIC) program for Class II injection wells from Idaho to EPA, and is
concurrently issuing a proposed rule to amend EPA's UIC regulations to
reflect such transfer. This transfer would be effective upon
publication in the Federal Register of a final rule revising such
regulations. Idaho submitted a formal request that EPA transfer and
directly implement the Class II UIC Program. Idaho would maintain
primacy for Class I, III, IV, and V injection wells pursuant to their
EPA-approved program in 1985.
DATES: Comments must be received on or before January 11, 2018. A
public hearing will be held only if there is significant public
interest. Request for a public hearing will be accepted until December
12, 2017. Only if requested, a public hearing will be held on January
8, 2018, from 2 p.m. to 5 p.m., at the Banner Bank Building, 950 W.
Bannock Street, Boise, Idaho. Requests for a public hearing may be
mailed to: Evan Osborne, U.S. Environmental Protection Agency, Region
10, 1200 6th Ave., OCE-101, Seattle, Washington 98101. For additional
information regarding the public hearing, please contact Evan Osborne
(206) 553-1747 or osborne.evan@epa.gov.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2017-0584, 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
[[Page 55969]]
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: Colin Dyroff, Drinking Water
Protection Division, Office of Ground Water and Drinking Water (4606M),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: (202) 564-3149; fax number:
(202) 564-3754; email address: dyroff.colin@epa.gov; or Evan Osborne,
U.S. Environmental Protection Agency, Region 10, 1200 6th Ave., OCE-
101, Seattle, Washington 98101; telephone number: (206) 553-1747; fax
number: (206) 553-1762; email address: osborne.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA taking this action?
On August 25, 2017, EPA received a letter from the Idaho Department
of Water Resources (IDWR), formally requesting that EPA transfer and
directly implement the Class II UIC program in Idaho, pursuant to 40
CFR 145.34(a). Class II injection wells inject fluids (1) that are
brought to the surface in connection with natural gas storage, or oil
or natural gas production; or (2) for the purpose of enhanced oil or
natural gas recovery; or (3) for the storage of hydrocarbons, which are
liquid at standard temperature and pressure. Idaho received primary
implementation and enforcement authority (primacy) for Class I, II,
III, IV, and V injection wells under the Safe Drinking Water Act,
section 1422, on July 22, 1985. Idaho has since maintained primacy for
these injection well classes in Idaho, including Class II.
Class II injection wells were banned in Idaho under the state's
regulations in 1985, when EPA originally approved Idaho primacy, and as
a result, this ban was codified in EPA's regulations. However, in 2013,
the state passed legislation which allows these wells. Although the
state's regulations now allow Class II wells, Idaho has not issued any
Class II permits because EPA has not approved the change to Idaho's
approved Class II UIC program and the wells remain banned under federal
law; therefore, the state is not authorized to issue Class II permits.
The voluntary transfer of authority for the UIC Class II program to EPA
would allow EPA to issue Class II permits in Idaho. EPA would be
responsible for the direct implementation of the Class II underground
injection program in Idaho, including permitting, compliance, and
enforcement responsibilities, pursuant to the SDWA and federal UIC
regulations.
This Federal Register document constitutes public notice of the
transfer of Idaho's Class II program to EPA, as required by 40 CFR
145.34(a)(3). In this Federal Register document, EPA also proposes to
make conforming changes to its regulations to reflect such transfer. 40
CFR part 147 sets forth the applicable UIC programs for each of the
states. This rule would update 40 CFR part 147, subpart N, which
currently lists Idaho as having primacy over Class II, to indicate that
EPA will directly implement the Class II UIC program in Idaho. This
transfer of authority will be effective upon publication of the final
rule, revising such regulations, in the Federal Register. Because the
transfer and rulemaking will allow wells to be permitted that were
previously banned, EPA finds that there is ``good cause'' to make this
rule, when final, effective upon publication in the Federal Register. 5
U.S.C. 553(d)(1) and (3).
II. Legal Authorities
A state with an approved primacy program may voluntarily transfer
UIC program responsibilities to EPA, pursuant to 40 CFR 145.34(a). The
regulations require that EPA provide notice of such transfer in the
Federal Register at least 30 days before the transfer is to occur. 40
CFR 145.34(a)(3). The regulations do not provide for opportunity to
comment on whether to transfer, and accordingly, EPA is not taking
comment on such transfer.
EPA's regulations at 40 CFR part 147 set forth the applicable UIC
programs for each of the states. This rule would make ministerial
revisions to these regulations to reflect the transfer noticed herein.
Specifically, the rule would revise 40 CFR part 147, subpart N, to
indicate that the Class II UIC program for Idaho is to be directly
implemented by EPA, and consists of the UIC program requirements of 40
CFR parts 124, 144, 146, and 148. EPA is taking comment only on these
revisions.
III. 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.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule does not impose any
requirements on small entities; this action withdraws a state program
and therein transfers direct implementation of the Class II UIC program
to EPA. We have therefore concluded that this action will have no net
regulatory burden for any directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This rule does not impose any mandates on small
entities; this action withdraws a state program and therein transfers
direct implementation of the Class II UIC program to EPA.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the
[[Page 55970]]
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government. This action contains no federal mandates for state and
local governments and does not impose any enforceable duties on state
and local governments. This action merely withdraws a state program (at
the voluntary request from Idaho) and therein transfers implementation
of the Class II UIC program to EPA.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action contains no federal mandates for
tribal governments and does not impose any enforceable duties on tribal
governments. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health 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 action is not subject to
Executive Order 13045 because it transfers a state program.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA has determined that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard. This rule does
not impose any health or safety standards; this action transfers a
state program and therein transfers direct implementation of the Class
II UIC program to EPA.
List of Subjects in 40 CFR Part 147
Environmental protection, Indian--lands, Intergovernmental
relations, Reporting and recordkeeping requirements, Water supply.
Dated: November 6, 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 revised to read as follows:
Authority: 42 U.S.C. 300h et seq.; and 42 U.S.C. 6901 et seq.
Subpart N--Idaho
0
2. Amend Sec. 147.650 by revising the section heading and the
introductory paragraph to read as follows:
Sec. 147.650 State-administered program--Class I, III, IV, and V
wells.
The UIC program for Class I, III, IV, and V wells in the state of
Idaho, other than those on Indian lands, is the program administered by
the Idaho Department of Water Resources, approved by EPA pursuant to
section 1422 of the Safe Drinking Water Act. Notice of this approval
was published in the Federal Register on June 7, 1985; the effective
date of this program is July 22, 1985. This program consists of the
following elements, as submitted to EPA in Idaho's program application.
Note: because EPA subsequently transferred the Class II UIC program
from the Idaho Department of Water Resources to EPA, references to
Class II in the following elements are no longer relevant or applicable
for federal UIC purposes.
* * * * *
0
3. Amend Sec. 147.651 by revising the section heading and paragraphs
(a) and (b) to read as follows:
Sec. 147.651 EPA-administered program--Class II wells and all wells
on Indian lands.
(a) Contents. EPA administers the UIC program for all classes of
wells on Indian lands and for Class II wells on non-Indian lands in the
state of Idaho. This program consists of the UIC program requirements
of 40 CFR parts 124, 144, 146, 148, and any additional requirements set
forth in the remainder of this subpart. Injection well owners and
operators, and EPA shall comply with these requirements.
(b) Effective dates. The effective date of the UIC program for
Indian lands in Idaho is June 11, 1984. The effective date of the UIC
program for Class II wells on non-Indian lands in Idaho is [date of
publication of final rule in the Federal Register].
[FR Doc. 2017-24637 Filed 11-24-17; 8:45 am]
BILLING CODE 6560-50-P
