State of North Dakota Underground Injection Control Program; Class I, III, IV, and V Primacy Revisions, 62536-62540 [2018-25893]
Download as PDF
<![CDATA[
62536
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
through https://www.regulations.gov
and at the EPA Region 1 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves 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);
• This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
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.);
• 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
VerDate Sep<11>2014
16:41 Dec 03, 2018
Jkt 247001
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 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018–26283 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2018–0669; FRL–9987–17–
OW]
State of North Dakota Underground
Injection Control Program; Class I, III,
IV, and V Primacy Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve an
application from the State of North
Dakota under the Safe Drinking Water
Act (SDWA) to revise the State’s
existing Underground Injection Control
(UIC) program for Class I, III, IV, and V
injection wells located within the State,
except those in Indian country. North
Dakota is revising its UIC Class I, III, IV,
and V program regulations to transfer
primary enforcement authority from the
North Dakota Department of Health to
the North Dakota Department of
Environmental Quality.
DATES: Comments must be received on
or before January 8, 2019. A public
hearing is scheduled to be held on
January 8, 2019 from 2 p.m. to 5 p.m.
and 6 p.m. to 8 p.m., central daylight
time. The hearing will be held only if
requests are received within 30 days of
publication. If no requests are received
SUMMARY:
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
by January 3, 2019, the hearing will be
cancelled. Confirmation or cancellation
of the public hearing will be announced
on January 3, 2019, on the EPA Region
VIII’s website at: https://www.epa.gov/
uic/underground-injection-control-eparegion-8-co-mt-nd-sd-ut-and-wy.
ADDRESSES: Hearing location: North
Dakota Department of Health’s fourth
floor Conference Room, 918 East Divide
Avenue, Bismarck, North Dakota.
Requests for a public hearing may be
mailed or emailed to: Omar SierraLopez, U.S. Environmental Protection
Agency, Region VIII, Mail Code: 8WP–
SUI, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, or sierralopez.omar@epa.gov.
Docket Review and Comments
Requested: The application and
supplemental docket materials are
available electronically on https://
www.regulations.gov, identified by
Docket ID No. EPA–HQ–OW–2018–
0669. Submit your comments to the
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The EPA may
publish any comments received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system).
For additional submission methods,
the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kyle
Carey, Drinking Water Protection
Division, Office of Ground Water and
Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: (202) 564–
2322; fax number: (202) 564–3754;
email address: carey.kyle@epa.gov, or
Omar Sierra-Lopez, Underground
Injection Control Unit, Safe Drinking
Water Program, Office of Water
Protection (8WP–SUI), U.S.
Environmental Protection Agency,
Region VIII, 1595 Wynkoop Street,
E:\FR\FM\04DEP1.SGM
04DEP1
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
Denver, Colorado 80202–1129;
telephone number: (303) 312–7045; fax
number: (303) 312–7517; email address:
sierra-lopez.omar@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The EPA approved North Dakota’s
UIC program as meeting the
requirements for primary enforcement
responsibility (primacy) for Class I, III,
IV, and V injection wells, under section
1422 of the Safe Drinking Water Act, on
September 21, 1984. The State is
revising its UIC Class I, III, IV, and V
program statutes and regulations to
transfer this authority from the North
Dakota Department of Health to the
North Dakota Department of
Environmental Quality.
II. Legal Authorities
These regulations are being
promulgated under authority of sections
1422 and 1450 of the SDWA, 42 U.S.C.
300h–1 and 300j–9.
A. Revision of State UIC Programs
As required by section 1421 of the
SDWA, the EPA promulgated minimum
requirements in the Code of Federal
Regulations (CFR) at 40 CFR part 145,
for effective State UIC programs, to
prevent underground injection activities
that endanger underground sources of
drinking water (USDWs). Under section
1422 of the SDWA, once the EPA
approves a State UIC program, the State
has primary enforcement responsibility
for underground water sources. A State
may revise its UIC program as provided
under 40 CFR 145.32(a) and by
following the procedures described
under 40 CFR 145.32(b), which require
the State to submit a modified program
description, an Attorney General’s
statement, a Memorandum of
Agreement, or other such
documentation as the EPA determines
to be necessary under the circumstances
(40 CFR 145.32(b)(1)). States with
approved programs are required to
notify the EPA whenever they propose
to transfer all or part of the approved
State agency to any other State agency
and to identify any new division of
responsibilities amongst the agencies
involved. Organizational charts required
in the State’s original primacy approval
package must be revised and
resubmitted. The new agency is not
authorized to administer the program
until approval by the Administrator (40
CFR 145.32(c)).
All revisions to the UIC program
would be federally enforceable as of the
effective date of the EPA’s approval of
the respective revision and 40 CFR part
147 codification. The State plans to rely
VerDate Sep<11>2014
16:41 Dec 03, 2018
Jkt 247001
on the date when the EPA signs the final
notice for purposes of notifying the
State legislature that the EPA has
approved these revisions, which will
provide for the transfer authority from
the North Dakota Department of Health
to the North Dakota Department of
Environmental Quality (NDDEQ) to be
effective under State law. Thus, prior to
the effective date of this approval, the
State intends to take the necessary
additional steps as specified in S.L.
2017, ch. 199, Section 1, to ensure that
the NDDEQ rules would become
federally enforceable on the effective
date of the EPA’s approval and
codification of the approved program in
40 CFR part 147.
Consistent with the EPA Guidance 16,
the EPA considers State-initiated
program revisions to transfer all or part
of any program from the approved
authority to another State agency as
substantial program revisions. Under
the EPA regulations, this means there is
an opportunity for public comment and
to request a public hearing (40 CFR
145.32(b)(2)).
B. Indian Country
The EPA’s approval of North Dakota’s
application to transfer its SDWA UIC
Class I, III, IV, and V primary
enforcement authority from the North
Dakota Department of Health to the
North Dakota Department of
Environmental Quality does not extend
to Indian lands. Pursuant to the EPA’s
UIC regulations at 40 CFR 144.3, Indian
lands ‘‘means ‘Indian country’ as
defined in 18 U.S.C. 1151.’’ As defined
in 18 U.S.C. 1151, Indian country
generally includes lands within the
exterior boundaries of the following
Indian reservations located within
North Dakota: The Fort Berthold Indian
Reservation, The Spirit Lake
Reservation, The Standing Rock Sioux
Reservation, and The Turtle Mountain
Reservation; any land held in trust by
the United States for an Indian tribe;
and any other areas that are Indian
country within the meaning of 18 U.S.C.
1151. The EPA, or eligible Indian tribes,
as appropriate, will retain
responsibilities under the SDWA UIC
program for Class I, III, IV, and V
injection wells in Indian country.
III. North Dakota’s Application
A. Notice of Completion
On September 18, 2018, the EPA
received a complete program revision
package from the State of North Dakota,
requesting approval of its revised UIC
regulations for Class I, III, IV, and V
injection wells, to transfer primary
enforcement authority from the North
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
62537
Dakota Department of Health to the
North Dakota Department of
Environmental Quality. The EPA has
determined the application contains all
the required elements; the application
and supplemental materials are
available electronically at https://
www.regulations.gov; and a copy of the
application can be accessed for
inspection and copying at: The EPA
Region VIII, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, by
contacting Omar Sierra-Lopez at:
Telephone number: (303) 312–7045; fax
number: (303) 312–7517; email address:
sierra-lopez.omar@epa.gov. Public
comments are requested, and a public
hearing will be held if requests are
received within 30 days of publication
(see ADDRESSES for further information
on how to request a public hearing).
The UIC program revision package
from the State of North Dakota includes
revised versions of: (1) The description
of the State’s UIC program (40 CFR
145.23); (2) copies of all applicable State
statutes, regulations, and forms (40 CFR
145.22(a)(5)); (3) the Attorney General’s
statement that the State has adequate
legal authority to carry out the program
described and to meet the requirements
of 40 CFR part 145; and (4) the
Memorandum of Agreement between
the State of North Dakota and the EPA’s
Region VIII Administrator (40 CFR
145.25).
B. Public Participation Activities
Conducted by the State of North Dakota
On April 12, 2018, the North Dakota
Department of Environmental Quality
provided public notice of its intent to
amend and adopt North Dakota’s 1422
Underground Injection Control Rules.
The public notice was published in 52
North Dakota newspapers. Written
comments on the proposed rule changes
were accepted between April 12, 2018
and May 31, 2018; no comments were
received. A public hearing regarding the
UIC rules was held on March 21, 2018;
the hearing was unattended.
C. Public Participation Activities
Conducted by the EPA
On December 4, 2018, a public notice
announcing this proposed approval,
request for public comment, and notice
of a public hearing to be held on January
8, 2019, was published in the Bismarck
Tribune and posted to the EPA Region
VIII’s website at: https://www.epa.gov/
uic/underground-injection-control-eparegion-8-co-mt-nd-sd-ut-and-wy.
Confirmation or cancellation of the
public hearing will be announced on
January 3, 2019 and on the EPA Region
VIII’s website at: https://www.epa.gov/
uic/underground-injection-control-epa-
E:\FR\FM\04DEP1.SGM
04DEP1
62538
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
region-8-co-mt-nd-sd-ut-and-wy. For
information regarding the public
hearing, including a request to hold a
hearing, please contact Omar-Sierra
Lopez, U.S. Environmental Protection
Agency, Region VIII, Mail Code: 8WP–
SUI, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, or sierralopez.omar@epa.gov.
IV. The EPA’s Proposed Action
A. What is the EPA proposing?
In this action, the EPA is proposing to
approve the State of North Dakota’s
application to transfer its Class I, III, IV,
and V primary enforcement authority
from the North Dakota Department of
Health to the North Dakota Department
of Environmental Quality and to make
conforming changes to its regulations to
reflect such transfer. Regulations under
40 CFR part 147 set forth the applicable
UIC programs for each of the States.
This rule would update 40 CFR part 147
subpart JJ to reflect the transfer of
authority.
Support of this proposed approval is
part of the public record in the EPA’s
Docket No. EPA–HQ–OW–2018–0669.
When finalized, this action will amend
40 CFR part 147 Subpart JJ to
incorporate by reference the revised
EPA-approved State statutes and
regulations. The EPA will continue to
administer its UIC program for Class I,
III, IV, and V injection wells in Indian
country.
The EPA will continue to oversee the
State of North Dakota’s administration
of UIC Class I, III, IV, V and VI programs
as authorized under the SDWA. Part of
the EPA’s oversight responsibility will
require State quarterly reports of noncompliance and annual UIC
performance reports pursuant to 40 CFR
144.8. The Memorandum of Agreement
between the EPA and the State of North
Dakota, signed by the Regional
Administrator on September 18, 2018,
provides the EPA with the opportunity
to review and comment on all draft
permits.
generally available through
www.regulations.gov and at the U.S.
Environmental Protection Agency,
Region VIII, Library 2nd Floor, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
The EPA will revise the binder at 40
CFR 147.1751 that contains the EPAapproved North Dakota Statutes and
Regulations for Well Classes I, III, IV, V,
and VI. This binder will be incorporated
by reference into 40 CFR 147.1751. The
EPA will also revise the table listing the
EPA-approved North Dakota Statutes
and Regulations for Well Classes I, III,
IV, V, and VI in 40 CFR 147.1751.
Section 147.1751 also references the
Memorandum of Agreement, the
statement of legal authority (the
Attorney General’s Statement), and the
Program Description, which are
approved as part of the UIC program
authorized under the SDWA.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866.
positive economic effect on the small
entities subject to the rule. This rule
does not impose any requirements on
small entities as this rule approves the
State of North Dakota’s UIC program
revisions. We have therefore concluded
that this action will have no net
regulatory burden for all directly
regulated small entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
The EPA’s approval of the State of North
Dakota’s program revisions will not
constitute a federal mandate because
there is no requirement that a State
establish UIC regulatory programs and
because the program is a State, rather
than a federal program.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action contains no
federal mandates for tribal governments
and does not impose any enforceable
duties on tribal governments. Thus,
Executive Order 13175 does not apply
to this action.
B. What codification decisions is the
EPA proposing in this rule?
C. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2040–0042. Reporting or record-keeping
requirements will be based on the State
of North Dakota UIC Regulations, and
the State of North Dakota is not subject
to the PRA.
In this rule, the EPA is proposing to
finalize the federal regulatory text that
incorporates by reference the federally
authorized North Dakota UIC program
for Class I, III, IV, and V injection wells,
except those in Indian country. In
accordance with the requirements of 1
CFR 51.5, we are proposing to finalize
the incorporation by reference of the
North Dakota rules described in the
amendments to 40 CFR part 147 set
forth below. The EPA has made, and
will continue to make, these documents
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
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it approves the State of North
Dakota’s UIC program revisions.
VerDate Sep<11>2014
16:41 Dec 03, 2018
Jkt 247001
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
H. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
E:\FR\FM\04DEP1.SGM
04DEP1
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
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.
PART 147—STATE, TRIBAL, AND EPAADMINISTERED UNDERGROUND
INJECTION CONTROL PROGRAMS
1. The authority citation for part 147
is revised to read as follows:
■
Authority: 42 U.S.C. 300f et seq.; and 42
U.S.C. 6901 et seq.
2. Amend § 147.1751 by:
a. Revising the introductory text and
paragraph (a);
■ b. Revising paragraph (b)(2) and
removing paragraphs (b)(3) and (b)(4);
■ c. Revising paragraphs (c), (d), (e), (f),
(g), (h); and
■ e. Adding paragraph (i).
The revisions and addition read as
follows:
■
■
J. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA has determined that this
action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994)
because it does not establish an
environmental health or safety standard.
This action will simply provide that the
State of North Dakota is transferring its
primary enforcement authority for its
Class I, III, IV, and V wells, pursuant to
which the State of North Dakota will be
implementing and enforcing a State UIC
regulatory program that is as stringent as
the existing federal program.
List of Subjects in 40 CFR Part 147
Environmental protection, Indian
lands, Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements, Water
supply.
Dated: November 20, 2018.
Andrew R. Wheeler,
Acting Administrator.
For the reasons set out in the
preamble, the Environmental Protection
Agency is proposing to amend 40 CFR
part 147 as follows:
§ 147.1751 State-administered program—
Class I, III, IV, V and VI wells.
The UIC Program for Class I, III, IV,
and V wells in the State of North
Dakota, except those located on Indian
lands, as defined under 40 CFR 144.3,
is the program administered by the
North Dakota Department of
Environmental Quality, approved by the
EPA pursuant to section 1422 of the
SDWA. Notification of this approval
was published in the Federal Register
on [date of publication of the final rule
in the Federal Register]; the effective
date of this program is (date to be
determined at time of final decision but
will be no less than 30 days after
publication in the Federal Register).
The UIC Program for Class VI wells in
the State of North Dakota, except those
located on Indian lands, is the program
administered by the North Dakota
Industrial Commission (NDIC),
approved by the EPA pursuant to
section 1422 of the SDWA. Notification
of this approval was published in the
62539
Federal Register on April 24, 2018; the
effective date of the NDIC UIC Class VI
program is April 24, 2018. The Stateadministered UIC programs for Classes
I, III, IV, V, and VI consist of the
following elements, as submitted to the
EPA in the State’s program applications.
(a) The requirements set forth in the
State statutes and regulations cited in
the binder entitled ‘‘EPA-Approved
North Dakota SDWA § 1422
Underground Injection Control Program
Statutes and Regulations for Well
Classes I, III, IV, V and VI’’, dated
December 2018, and Table 1 to
paragraph (a) of this section are
incorporated by reference and made a
part of the applicable UIC program
under the SDWA for the State of North
Dakota. The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of the
North Dakota regulations that are
incorporated by reference in this
paragraph (a) may be inspected at the
U.S. Environmental Protection Agency,
Region VIII, Library 2nd Floor, 1595
Wynkoop Street, Denver, Colorado
80202–1129; Water Docket, EPA Docket
Center (EPA/DC), EPA WJC West, Room
3334, 1301 Constitution Ave. NW,
Washington, DC 20460; and the
National Archives and Records
Administration (NARA). If you wish to
obtain materials from the EPA Regional
Office, please call (303) 312–1226; for
materials from a docket in the EPA
Headquarters Library, please call the
Water Docket at (202) 566–2426. For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to www.archives.gov/federalregister/cfr/ibr-locations.html.
TABLE 1 TO PARAGRAPH (A) EPA-APPROVED NORTH DAKOTA SDWA § 1422 UNDERGROUND INJECTION CONTROL
PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, III, IV, V AND VI
State 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 Century Code Sections 61–28.1–01—61–28.1–
12.
North Dakota Administrative Code Sections 33.1–25–01–01—
33.1–25–01–18.
North Dakota Administrative Code Sections 43–02–02–01–
43–02–02–50.
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.
VerDate Sep<11>2014
18:32 Dec 03, 2018
Jkt 247001
PO 00000
Frm 00024
State effective
date
Regulation, Development and
Production of Subsurface
Minerals.
Control, Prevention and
Abatement of Pollution of
Surface Waters.
Safe Drinking Water Act .........
Underground Injection Control
Program.
Subsurface Mineral Exploration and Development.
Underground Injection Control
Program.
Carbon Dioxide Underground
Storage.
Control of Oil and Gas Resources.
Fmt 4702
Sfmt 4702
E:\FR\FM\04DEP1.SGM
EPA approval date
1980
September 21, 1984, 49 FR
37066.
1989
March 6, 1991, 56 FR 9418.
2018
[insert FR citation of final rule].
2018
[insert FR citation of final rule].
1986
March 6, 1991, 56 FR 9418.
1984
2009
September 21, 1984, 49 FR
37066.
April 24, 2018, 83 FR 17761.
2013
April 24, 2018, 83 FR 17761.
04DEP1
62540
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
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 citation
Title/subject
North Dakota Administrative Code Sections 43–05–01–01—
43–05–01–20.
(b) * * *
(2) North Dakota Administrative Code
Article 33–22 (Practice and Procedure)
(1983).
(c) The Memorandum of Agreement
for the Class I, III, IV, and V
Underground Injection Control Program
between EPA Region VIII and the North
Dakota Department of Environmental
Quality, signed by the EPA Regional
Administrator on September 18, 2018.
(d) The statement of legal authority,
‘‘Class I, III, IV, and V Underground
Injection Control Program, Attorney
General’s Statement,’’ signed by the
Assistant Attorney General of North
Dakota on July 30, 2018, and
‘‘Supplement to the Attorney General
Statements Relating to Programs Being
Transferred to the North Dakota
Department of Environmental Quality’’
signed by the Assistant Attorney
General of North Dakota on October 23,
2018.
(e) The Class I, III, IV, and V
Underground Injection Control Program
Description and any other materials
submitted as part of the program
revision or as supplements thereto.
(f) The Memorandum of Agreement
for the Class VI Underground Injection
Control Program between EPA Region
VIII and the North Dakota Industrial
Commission, signed by the EPA
Regional Administrator on October 28,
2013.
(g) The Memorandum of
Understanding for Class VI between the
North Dakota Industrial Commission,
Department of Mineral Resources, Oil
and Gas Division and the North Dakota
Department of Health, Water Quality
Division Related to the Underground
Injection Control Program, signed on
June 19, 2013.
(h) The statement of legal authority,
‘‘Class VI Underground Injection
Control Program, Attorney General’s
Statement,’’ signed by the Attorney
General of North Dakota on January 22,
2013.
(i) The Class VI Underground
Injection Control Program Description
and any other materials submitted as
part of the program revision or as
supplements thereto.
[FR Doc. 2018–25893 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:41 Dec 03, 2018
Jkt 247001
Geologic Storage of Carbon
Dioxide.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 19 and 52
[FAR Case 2016–011; Docket No. 2016–
0011, Sequence No. 1]
RIN 9000–AN35
Federal Acquisition Regulation:
Revision of Limitations on
Subcontracting
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to
implement the final rule published by
the Small Business Administration
implementing section 1651 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2013,
which revised and standardized the
limitations on subcontracting, including
the nonmanufacturer rule, that apply to
small business concerns under FAR part
19 procurements.
DATES: Interested parties should submit
comments to the Regulatory Secretariat
Division at one of the addresses shown
below on or before February 4, 2019 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments in
response to FAR Case 2016–011 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by entering ‘‘FAR
Case 2016–011’’ under the heading
‘‘Enter Keyword or ID’’ and selecting
‘‘Search.’’ Select the link ‘‘Comment
Now’’ that corresponds with ‘‘FAR Case
2016–011.’’ Follow the instructions
provided on the screen. Please include
your name, company name (if any), and
‘‘FAR Case 2016–011’’ on your attached
document.
SUMMARY:
PO 00000
Frm 00025
State effective
date
Fmt 4702
Sfmt 4702
2013
EPA approval date
April 24, 2018, 83 FR 17761.
• Mail: General Services
Administration, Regulatory-Secretariat
Division (MVCB), ATTN: Lois Mandell,
1800 F Street NW, 2nd floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite ‘‘FAR case 2016–011’’ in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite ‘‘FAR Case 2016–
011.’’
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing
to revise the FAR to implement
regulatory changes made by the SBA in
its final rule published in the Federal
Register at 81 FR 34243 on May 31,
2016. SBA’s final rule implements the
statutory requirements of section 1651
of the NDAA for FY 2013 (15 U.S.C.
657s). Section 1651 revised and
standardized the limitations on
subcontracting, including the
nonmanufacturer rule, that apply to
small business concerns under FAR part
19 procurements. SBA’s final rule
became effective on June 30, 2016.
Prior to passage of section 1651 of the
NDAA for FY 2013, the limitations on
subcontracting and the
nonmanufacturer rule were inconsistent
across the small business programs. For
example, for awards under some small
business programs, the prime contractor
was required to perform a certain
percentage of work itself, whereas under
other programs, the prime contractor
could include subcontracts to ‘‘similarly
situated entities’’ in the percentage of
work it performed. The method for
E:\FR\FM\04DEP1.SGM
04DEP1
]]>Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Proposed Rules]
[Pages 62536-62540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25893]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2018-0669; FRL-9987-17-OW]
State of North Dakota Underground Injection Control Program;
Class I, III, IV, and V Primacy Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
an application from the State of North Dakota under the Safe Drinking
Water Act (SDWA) to revise the State's existing Underground Injection
Control (UIC) program for Class I, III, IV, and V injection wells
located within the State, except those in Indian country. North Dakota
is revising its UIC Class I, III, IV, and V program regulations to
transfer primary enforcement authority from the North Dakota Department
of Health to the North Dakota Department of Environmental Quality.
DATES: Comments must be received on or before January 8, 2019. A public
hearing is scheduled to be held on January 8, 2019 from 2 p.m. to 5
p.m. and 6 p.m. to 8 p.m., central daylight time. The hearing will be
held only if requests are received within 30 days of publication. If no
requests are received by January 3, 2019, the hearing will be
cancelled. Confirmation or cancellation of the public hearing will be
announced on January 3, 2019, on the EPA Region VIII's website at:
https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy.
ADDRESSES: Hearing location: North Dakota Department of Health's fourth
floor Conference Room, 918 East Divide Avenue, Bismarck, North Dakota.
Requests for a public hearing may be mailed or emailed to: Omar Sierra-
Lopez, U.S. Environmental Protection Agency, Region VIII, Mail Code:
8WP-SUI, 1595 Wynkoop Street, Denver, Colorado 80202-1129, or [email protected].
Docket Review and Comments Requested: The application and
supplemental docket materials are available electronically on https://www.regulations.gov, identified by Docket ID No. EPA-HQ-OW-2018-0669.
Submit your comments to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comments received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system).
For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kyle Carey, Drinking Water Protection
Division, Office of Ground Water and Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: (202) 564-2322; fax number: (202) 564-3754;
email address: [email protected], or Omar Sierra-Lopez, Underground
Injection Control Unit, Safe Drinking Water Program, Office of Water
Protection (8WP-SUI), U.S. Environmental Protection Agency, Region
VIII, 1595 Wynkoop Street,
[[Page 62537]]
Denver, Colorado 80202-1129; telephone number: (303) 312-7045; fax
number: (303) 312-7517; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The EPA approved North Dakota's UIC program as meeting the
requirements for primary enforcement responsibility (primacy) for Class
I, III, IV, and V injection wells, under section 1422 of the Safe
Drinking Water Act, on September 21, 1984. The State is revising its
UIC Class I, III, IV, and V program statutes and regulations to
transfer this authority from the North Dakota Department of Health to
the North Dakota Department of Environmental Quality.
II. Legal Authorities
These regulations are being promulgated under authority of sections
1422 and 1450 of the SDWA, 42 U.S.C. 300h-1 and 300j-9.
A. Revision of State UIC Programs
As required by section 1421 of the SDWA, the EPA promulgated
minimum requirements in the Code of Federal Regulations (CFR) at 40 CFR
part 145, for effective State UIC programs, to prevent underground
injection activities that endanger underground sources of drinking
water (USDWs). Under section 1422 of the SDWA, once the EPA approves a
State UIC program, the State has primary enforcement responsibility for
underground water sources. A State may revise its UIC program as
provided under 40 CFR 145.32(a) and by following the procedures
described under 40 CFR 145.32(b), which require the State to submit a
modified program description, an Attorney General's statement, a
Memorandum of Agreement, or other such documentation as the EPA
determines to be necessary under the circumstances (40 CFR
145.32(b)(1)). States with approved programs are required to notify the
EPA whenever they propose to transfer all or part of the approved State
agency to any other State agency and to identify any new division of
responsibilities amongst the agencies involved. Organizational charts
required in the State's original primacy approval package must be
revised and resubmitted. The new agency is not authorized to administer
the program until approval by the Administrator (40 CFR 145.32(c)).
All revisions to the UIC program would be federally enforceable as
of the effective date of the EPA's approval of the respective revision
and 40 CFR part 147 codification. The State plans to rely on the date
when the EPA signs the final notice for purposes of notifying the State
legislature that the EPA has approved these revisions, which will
provide for the transfer authority from the North Dakota Department of
Health to the North Dakota Department of Environmental Quality (NDDEQ)
to be effective under State law. Thus, prior to the effective date of
this approval, the State intends to take the necessary additional steps
as specified in S.L. 2017, ch. 199, Section 1, to ensure that the NDDEQ
rules would become federally enforceable on the effective date of the
EPA's approval and codification of the approved program in 40 CFR part
147.
Consistent with the EPA Guidance 16, the EPA considers State-
initiated program revisions to transfer all or part of any program from
the approved authority to another State agency as substantial program
revisions. Under the EPA regulations, this means there is an
opportunity for public comment and to request a public hearing (40 CFR
145.32(b)(2)).
B. Indian Country
The EPA's approval of North Dakota's application to transfer its
SDWA UIC Class I, III, IV, and V primary enforcement authority from the
North Dakota Department of Health to the North Dakota Department of
Environmental Quality does not extend to Indian lands. Pursuant to the
EPA's UIC regulations at 40 CFR 144.3, Indian lands ``means `Indian
country' as defined in 18 U.S.C. 1151.'' As defined in 18 U.S.C. 1151,
Indian country generally includes lands within the exterior boundaries
of the following Indian reservations located within North Dakota: The
Fort Berthold Indian Reservation, The Spirit Lake Reservation, The
Standing Rock Sioux Reservation, and The Turtle Mountain Reservation;
any land held in trust by the United States for an Indian tribe; and
any other areas that are Indian country within the meaning of 18 U.S.C.
1151. The EPA, or eligible Indian tribes, as appropriate, will retain
responsibilities under the SDWA UIC program for Class I, III, IV, and V
injection wells in Indian country.
III. North Dakota's Application
A. Notice of Completion
On September 18, 2018, the EPA received a complete program revision
package from the State of North Dakota, requesting approval of its
revised UIC regulations for Class I, III, IV, and V injection wells, to
transfer primary enforcement authority from the North Dakota Department
of Health to the North Dakota Department of Environmental Quality. The
EPA has determined the application contains all the required elements;
the application and supplemental materials are available electronically
at https://www.regulations.gov; and a copy of the application can be
accessed for inspection and copying at: The EPA Region VIII, 1595
Wynkoop Street, Denver, Colorado 80202-1129, by contacting Omar Sierra-
Lopez at: Telephone number: (303) 312-7045; fax number: (303) 312-7517;
email address: [email protected]. Public comments are
requested, and a public hearing will be held if requests are received
within 30 days of publication (see ADDRESSES for further information on
how to request a public hearing).
The UIC program revision package from the State of North Dakota
includes revised versions of: (1) The description of the State's UIC
program (40 CFR 145.23); (2) copies of all applicable State statutes,
regulations, and forms (40 CFR 145.22(a)(5)); (3) the Attorney
General's statement that the State has adequate legal authority to
carry out the program described and to meet the requirements of 40 CFR
part 145; and (4) the Memorandum of Agreement between the State of
North Dakota and the EPA's Region VIII Administrator (40 CFR 145.25).
B. Public Participation Activities Conducted by the State of North
Dakota
On April 12, 2018, the North Dakota Department of Environmental
Quality provided public notice of its intent to amend and adopt North
Dakota's 1422 Underground Injection Control Rules. The public notice
was published in 52 North Dakota newspapers. Written comments on the
proposed rule changes were accepted between April 12, 2018 and May 31,
2018; no comments were received. A public hearing regarding the UIC
rules was held on March 21, 2018; the hearing was unattended.
C. Public Participation Activities Conducted by the EPA
On December 4, 2018, a public notice announcing this proposed
approval, request for public comment, and notice of a public hearing to
be held on January 8, 2019, was published in the Bismarck Tribune and
posted to the EPA Region VIII's website at: https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy.
Confirmation or cancellation of the public hearing will be announced on
January 3, 2019 and on the EPA Region VIII's website at: https://
www.epa.gov/uic/underground-injection-control-epa-
[[Page 62538]]
region-8-co-mt-nd-sd-ut-and-wy. For information regarding the public
hearing, including a request to hold a hearing, please contact Omar-
Sierra Lopez, U.S. Environmental Protection Agency, Region VIII, Mail
Code: 8WP-SUI, 1595 Wynkoop Street, Denver, Colorado 80202-1129, or
[email protected].
IV. The EPA's Proposed Action
A. What is the EPA proposing?
In this action, the EPA is proposing to approve the State of North
Dakota's application to transfer its Class I, III, IV, and V primary
enforcement authority from the North Dakota Department of Health to the
North Dakota Department of Environmental Quality and to make conforming
changes to its regulations to reflect such transfer. Regulations under
40 CFR part 147 set forth the applicable UIC programs for each of the
States. This rule would update 40 CFR part 147 subpart JJ to reflect
the transfer of authority.
Support of this proposed approval is part of the public record in
the EPA's Docket No. EPA-HQ-OW-2018-0669. When finalized, this action
will amend 40 CFR part 147 Subpart JJ to incorporate by reference the
revised EPA-approved State statutes and regulations. The EPA will
continue to administer its UIC program for Class I, III, IV, and V
injection wells in Indian country.
The EPA will continue to oversee the State of North Dakota's
administration of UIC Class I, III, IV, V and VI programs as authorized
under the SDWA. Part of the EPA's oversight responsibility will require
State quarterly reports of non-compliance and annual UIC performance
reports pursuant to 40 CFR 144.8. The Memorandum of Agreement between
the EPA and the State of North Dakota, signed by the Regional
Administrator on September 18, 2018, provides the EPA with the
opportunity to review and comment on all draft permits.
B. What codification decisions is the EPA proposing in this rule?
In this rule, the EPA is proposing to finalize the federal
regulatory text that incorporates by reference the federally authorized
North Dakota UIC program for Class I, III, IV, and V injection wells,
except those in Indian country. In accordance with the requirements of
1 CFR 51.5, we are proposing to finalize the incorporation by reference
of the North Dakota rules described in the amendments to 40 CFR part
147 set forth below. The EPA has made, and will continue to make, these
documents generally available through www.regulations.gov and at the
U.S. Environmental Protection Agency, Region VIII, Library 2nd Floor,
1595 Wynkoop Street, Denver, Colorado 80202-1129.
The EPA will revise the binder at 40 CFR 147.1751 that contains the
EPA-approved North Dakota Statutes and Regulations for Well Classes I,
III, IV, V, and VI. This binder will be incorporated by reference into
40 CFR 147.1751. The EPA will also revise the table listing the EPA-
approved North Dakota Statutes and Regulations for Well Classes I, III,
IV, V, and VI in 40 CFR 147.1751. Section 147.1751 also references the
Memorandum of Agreement, the statement of legal authority (the Attorney
General's Statement), and the Program Description, which are approved
as part of the UIC program authorized under the SDWA.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2040-0042. Reporting or record-keeping requirements will
be based on the State of North Dakota UIC Regulations, and the State of
North Dakota is not subject to the PRA.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule does not impose any
requirements on small entities as this rule approves the State of North
Dakota's UIC program revisions. We have therefore concluded that this
action will have no net regulatory burden for all directly regulated
small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. The EPA's approval
of the State of North Dakota's program revisions will not constitute a
federal mandate because there is no requirement that a State establish
UIC regulatory programs and because the program is a State, rather than
a federal program.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action contains no federal mandates for
tribal governments and does not impose any enforceable duties on tribal
governments. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves the State of North Dakota's
UIC program revisions.
[[Page 62539]]
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA has determined that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard. This action will
simply provide that the State of North Dakota is transferring its
primary enforcement authority for its Class I, III, IV, and V wells,
pursuant to which the State of North Dakota will be implementing and
enforcing a State UIC regulatory program that is as stringent as the
existing federal program.
List of Subjects in 40 CFR Part 147
Environmental protection, Indian lands, Incorporation by reference,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.
Dated: November 20, 2018.
Andrew R. Wheeler,
Acting Administrator.
For the reasons set out in the preamble, the Environmental
Protection Agency is proposing to amend 40 CFR part 147 as follows:
PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS
0
1. The authority citation for part 147 is revised to read as follows:
Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.
0
2. Amend Sec. 147.1751 by:
0
a. Revising the introductory text and paragraph (a);
0
b. Revising paragraph (b)(2) and removing paragraphs (b)(3) and (b)(4);
0
c. Revising paragraphs (c), (d), (e), (f), (g), (h); and
0
e. Adding paragraph (i).
The revisions and addition read as follows:
Sec. 147.1751 State-administered program--Class I, III, IV, V and VI
wells.
The UIC Program for Class I, III, IV, and V wells in the State of
North Dakota, except those located on Indian lands, as defined under 40
CFR 144.3, is the program administered by the North Dakota Department
of Environmental Quality, approved by the EPA pursuant to section 1422
of the SDWA. Notification of this approval was published in the Federal
Register on [date of publication of the final rule in the Federal
Register]; the effective date of this program is (date to be determined
at time of final decision but will be no less than 30 days after
publication in the Federal Register). The UIC Program for Class VI
wells in the State of North Dakota, except those located on Indian
lands, is the program administered by the North Dakota Industrial
Commission (NDIC), approved by the EPA pursuant to section 1422 of the
SDWA. Notification of this approval was published in the Federal
Register on April 24, 2018; the effective date of the NDIC UIC Class VI
program is April 24, 2018. The State-administered UIC programs for
Classes I, III, IV, V, and VI consist of the following elements, as
submitted to the EPA in the State's program applications.
(a) The requirements set forth in the State statutes and
regulations cited in the binder entitled ``EPA-Approved North Dakota
SDWA Sec. 1422 Underground Injection Control Program Statutes and
Regulations for Well Classes I, III, IV, V and VI'', dated December
2018, and Table 1 to paragraph (a) of this section are incorporated by
reference and made a part of the applicable UIC program under the SDWA
for the State of North Dakota. The Director of the Federal Register
approves this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of the North Dakota regulations that
are incorporated by reference in this paragraph (a) may be inspected at
the U.S. Environmental Protection Agency, Region VIII, Library 2nd
Floor, 1595 Wynkoop Street, Denver, Colorado 80202-1129; Water Docket,
EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460; and the National Archives and Records
Administration (NARA). If you wish to obtain materials from the EPA
Regional Office, please call (303) 312-1226; for materials from a
docket in the EPA Headquarters Library, please call the Water Docket at
(202) 566-2426. For information on the availability of this material at
NARA, call (202) 741-6030, or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
Table 1 to Paragraph (a) EPA-Approved North Dakota SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Classes I, III, IV, V and VI
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
North Dakota Century Code Sections 38-12- Regulation, Development 1980 September 21, 1984, 49 FR
01--38-12-03. and Production of 37066.
Subsurface Minerals.
North Dakota Century Code Sections 61-28- Control, Prevention and 1989 March 6, 1991, 56 FR 9418.
02 and 61-28-06. Abatement of Pollution of
Surface Waters.
North Dakota Century Code Sections 61- Safe Drinking Water Act... 2018 [insert FR citation of
28.1-01--61-28.1-12. final rule].
North Dakota Administrative Code Underground Injection 2018 [insert FR citation of
Sections 33.1-25-01-01--33.1-25-01-18. Control Program. final rule].
North Dakota Administrative Code Subsurface Mineral 1986 March 6, 1991, 56 FR 9418.
Sections 43-02-02-01-43-02-02-50. Exploration and
Development.
North Dakota Administrative Code Underground Injection 1984 September 21, 1984, 49 FR
Sections 43-02-02.1-01--43-02-02.2-19. Control Program. 37066.
North Dakota Century Code Sections 38-22- Carbon Dioxide Underground 2009 April 24, 2018, 83 FR
01--38-22-23. Storage. 17761.
North Dakota Administrative Code Control of Oil and Gas 2013 April 24, 2018, 83 FR
Sections 38-08-16--38-08-17. Resources. 17761.
[[Page 62540]]
North Dakota Administrative Code Geologic Storage of Carbon 2013 April 24, 2018, 83 FR
Sections 43-05-01-01--43-05-01-20. Dioxide. 17761.
----------------------------------------------------------------------------------------------------------------
(b) * * *
(2) North Dakota Administrative Code Article 33-22 (Practice and
Procedure) (1983).
(c) The Memorandum of Agreement for the Class I, III, IV, and V
Underground Injection Control Program between EPA Region VIII and the
North Dakota Department of Environmental Quality, signed by the EPA
Regional Administrator on September 18, 2018.
(d) The statement of legal authority, ``Class I, III, IV, and V
Underground Injection Control Program, Attorney General's Statement,''
signed by the Assistant Attorney General of North Dakota on July 30,
2018, and ``Supplement to the Attorney General Statements Relating to
Programs Being Transferred to the North Dakota Department of
Environmental Quality'' signed by the Assistant Attorney General of
North Dakota on October 23, 2018.
(e) The Class I, III, IV, and V Underground Injection Control
Program Description and any other materials submitted as part of the
program revision or as supplements thereto.
(f) The Memorandum of Agreement for the Class VI Underground
Injection Control Program between EPA Region VIII and the North Dakota
Industrial Commission, signed by the EPA Regional Administrator on
October 28, 2013.
(g) The Memorandum of Understanding for Class VI between the North
Dakota Industrial Commission, Department of Mineral Resources, Oil and
Gas Division and the North Dakota Department of Health, Water Quality
Division Related to the Underground Injection Control Program, signed
on June 19, 2013.
(h) The statement of legal authority, ``Class VI Underground
Injection Control Program, Attorney General's Statement,'' signed by
the Attorney General of North Dakota on January 22, 2013.
(i) The Class VI Underground Injection Control Program Description
and any other materials submitted as part of the program revision or as
supplements thereto.
[FR Doc. 2018-25893 Filed 12-3-18; 8:45 am]
BILLING CODE 6560-50-P
