State of North Dakota Underground Injection Control Program; Class I, III, IV, and V Primacy Revisions, 15119-15122 [2019-07442]
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Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Rules and Regulations
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[FR Doc. 2019–06128 Filed 4–12–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2018–0669; FRL–9992–26–
OW]
State of North Dakota Underground
Injection Control Program; Class I, III,
IV, and V Primacy Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 has revised 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: This final rule is effective on
May 15, 2019. The Director of the
Federal Register approved this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51 on May 15, 2019. For
judicial purposes, this final rule is
promulgated as of April 15, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2018–0669. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available
electronically through https://
www.regulations.gov.
SUMMARY:
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;
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FOR FURTHER INFORMATION CONTACT:
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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 8, 1595 Wynkoop Street, Denver,
Colorado 80202–1129; telephone
number: (303) 312–7045; fax number:
(303) 312–7517; email address: sierralopez.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
(SDWA), on September 21, 1984. The
State has revised 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 the UIC program. 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 among 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
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15119
until approval by the Administrator (40
CFR 145.32(c)).
All revisions to the UIC program are
federally enforceable as of the effective
date of the EPA’s approval of the
respective revision and 40 CFR part 147
codification.
In the EPA’s announcement of its
proposed rule in the Federal Register on
December 4, 2018, Table 1 in the
proposed amendment to 40 CFR part
147 indicated a State effective date of
2018 for the revisions to the North
Dakota Century Code and North Dakota
Administrative Code. In the final rule,
the EPA is revising § 147.1751(a) to
identify 2019 as the effective date of the
statute and regulations that North
Dakota submitted to the EPA in its
program revision submission. The
revised statute specified in § 147.1751(a)
was enacted in 2018 and will be fully
effective in April 2019. The revised
regulations in § 147.1751(a) were
promulgated in 2018 and became
effective on January 1, 2019.
Consistent with the EPA Guidance 34,
Guidance for Review and Approval of
State Underground Injection Control
(UIC) Programs and Revisions to
Approved State Programs, 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’s
regulations, this means that there was
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.
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III. North Dakota’s Application
IV. The EPA’s Final Action
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 that the application
contains all the required elements.
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 8 Administrator (40 CFR 145.25).
A. What is the EPA finalizing in this
action?
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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 Department published the notice in
52 North Dakota newspapers. The
Department accepted written comments
on the proposed rule changes between
April 12, 2018 and May 31, 2018. The
Department received no comments. The
Department held a public hearing
regarding the UIC rules on March 21,
2018. There were no attendees.
C. Public Participation Activities
Conducted by the EPA
On December 4, 2018, the EPA
published a public notice in the
Bismarck Tribune announcing the
Agency’s proposed approval, request for
public comment, and notice of a public
hearing to be held, if requested within
30 days, on January 8, 2019, and posted
it on the EPA Region 8’s website at:
https://www.epa.gov/uic/undergroundinjection-control-epa-region-8-co-mt-ndsd-ut-and-wy.
The EPA received three comments in
response to the Agency’s proposed rule.
Further information regarding the
comments can be found in the docket
for this action under Docket ID No.
EPA–HQ–OW–2018–0669. The EPA did
not receive a request for a public
hearing; as a result, the EPA announced
that no public hearing would be held.
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In this final rule, the EPA is
approving 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 updates 40 CFR part 147, subpart
JJ, to reflect the transfer of authority.
The supporting documents for this
final rule are part of the public record
in the EPA’s Docket No. EPA–HQ–OW–
2018–0669. This action amends 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 making in this rule?
In this rule, the EPA is finalizing 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, the
EPA is finalizing the incorporation by
reference of the North Dakota statutes
and regulations 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 8, Library 2nd Floor, 1595
Wynkoop Street, Denver, Colorado
80202–1129. The EPA is revising the
incorporation by reference at 40 CFR
147.1751 with ‘‘EPA-Approved North
Dakota SDWA § 1422 Underground
Injection Control Program Statutes and
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Regulations for Well Classes I, III, IV, V
and VI,’’ dated January 2019.
The EPA is also revising table 1 to
paragraph (a) of § 147.1751, which lists
the EPA-approved North Dakota statutes
and regulations contained in the
material incorporated by reference at 40
CFR 147.1751.
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 therefore the EPA
did not submit it to the Office of
Management and Budget (OMB) for
review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not 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. The 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’s 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 the
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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 does 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 does 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.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
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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.
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K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority 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 simply approves North
Dakota’s transfer of 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.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 147
Environmental protection,
Incorporation by reference, Indian
lands, Intergovernmental relations,
Reporting and recordkeeping
requirements, Water supply.
Dated: April 8, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons set out in the
preamble, the Environmental Protection
Agency is amending 40 CFR part 147 as
follows:
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. Adding the word ‘‘and’’ at the end
of paragraph (b)(1);
■ c. Removing paragraphs (b)(2) and (3);
■ d. Redesignating paragraph (b)(4) as
paragraph (b)(2);
■ e. Revising paragraphs (c), (d), (e), (f),
(g), and (h); and
■ f. Adding paragraph (i).
The revisions and addition read 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
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15121
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 April 15, 2019; the program is
effective May 15, 2019. 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 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 approved
by the EPA for inclusion in ‘‘EPAApproved North Dakota SDWA § 1422
Underground Injection Control Program
Statutes and Regulations for Well
Classes I, III, IV, V and VI,’’ dated
January 2019, and listed in table 1 to
this paragraph (a), 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 material
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. If you wish to obtain this
material from the EPA Regional Office,
call (303) 312–1226. Copies of this
material also may be inspected at the
EPA Headquarters Library, in the Water
Docket, at the EPA Docket Center (EPA/
DC), EPA WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC
20460. If you wish to obtain this
material from the EPA Docket Center,
call (202) 566–2426. Copies of this
material also may be inspected at the
National Archives and Records
Administration (NARA). 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.
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TABLE 1 TO PARAGRAPH (a)—EPA-APPROVED NORTH DAKOTA SDWA SECTION 1422 UNDERGROUND INJECTION
CONTROL PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, III, IV, V AND VI
State citation
North Dakota Century Code Sections
38–12–01 through 38–12–03.
North Dakota Century Code Sections
61–28–02 and 61–28–06.
North Dakota Century Code Sections
61–28.1–01 and 61–28.1–12.
North Dakota Administrative Code Sections 33.1–25–01–01 through 33.1–
25–01–18.
North Dakota Administrative Code Sections 43–02–02–01 through 43–02–
02–50.
North Dakota Administrative Code Sections 43–02–02.1–01 through 43–02–
02.2–19.
North Dakota Century Code Sections
38–22–01 through 38–22–23.
North Dakota Administrative Code Sections 38–08–16 and 38–08–17.
North Dakota Administrative Code Sections 43–05–01–01 through 43–05–
01–20.
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EPA approval 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
2019
Subsurface Mineral Exploration and Development.
1986
March 6, 1991, 56 FR 9418.
Underground Injection Control Program
1984
September 21, 1984, 49 FR 37066.
Carbon Dioxide Underground Storage ....
2009
April 24, 2018, 83 FR 17761.
Control of Oil and Gas Resources ..........
2013
April 24, 2018, 83 FR 17761.
Geologic Storage of Carbon Dioxide ......
2013
April 24, 2018, 83 FR 17761.
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(c) The Memorandum of Agreement
for the Class I, III, IV, and V
Underground Injection Control Program
between EPA Region 8 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 the
‘‘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 8
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
VerDate Sep<11>2014
State
effective
date
Title/subject
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. 2019–07442 Filed 4–12–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2019–0003; Internal
Agency Docket No. FEMA–8575]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
SUMMARY:
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1980
September 21, 1984, 49 FR 37066.
1989
March 6, 1991, 56 FR 9418.
2019
April 15, 2019, [insert Federal Register
citation].
April 15, 2019, [insert Federal Register
citation].
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
notification of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/national-floodinsurance-program-community-statusbook.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
212–3966.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
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]]>Agencies
[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Rules and Regulations]
[Pages 15119-15122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07442]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2018-0669; FRL-9992-26-OW]
State of North Dakota Underground Injection Control Program;
Class I, III, IV, and V Primacy Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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
has revised 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: This final rule is effective on May 15, 2019. The Director of
the Federal Register approved this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on May 15, 2019. For
judicial purposes, this final rule is promulgated as of April 15, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2018-0669. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
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 8,
1595 Wynkoop Street, 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 (SDWA), on September 21, 1984. The State has revised
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
the UIC program. 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 among 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 are federally enforceable as of
the effective date of the EPA's approval of the respective revision and
40 CFR part 147 codification.
In the EPA's announcement of its proposed rule in the Federal
Register on December 4, 2018, Table 1 in the proposed amendment to 40
CFR part 147 indicated a State effective date of 2018 for the revisions
to the North Dakota Century Code and North Dakota Administrative Code.
In the final rule, the EPA is revising Sec. 147.1751(a) to identify
2019 as the effective date of the statute and regulations that North
Dakota submitted to the EPA in its program revision submission. The
revised statute specified in Sec. 147.1751(a) was enacted in 2018 and
will be fully effective in April 2019. The revised regulations in Sec.
147.1751(a) were promulgated in 2018 and became effective on January 1,
2019.
Consistent with the EPA Guidance 34, Guidance for Review and
Approval of State Underground Injection Control (UIC) Programs and
Revisions to Approved State Programs, 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's regulations, this means that there was 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.
[[Page 15120]]
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 that the application contains all the required
elements.
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 8 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 Department
published the notice in 52 North Dakota newspapers. The Department
accepted written comments on the proposed rule changes between April
12, 2018 and May 31, 2018. The Department received no comments. The
Department held a public hearing regarding the UIC rules on March 21,
2018. There were no attendees.
C. Public Participation Activities Conducted by the EPA
On December 4, 2018, the EPA published a public notice in the
Bismarck Tribune announcing the Agency's proposed approval, request for
public comment, and notice of a public hearing to be held, if requested
within 30 days, on January 8, 2019, and posted it on the EPA Region 8's
website at: https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy.
The EPA received three comments in response to the Agency's
proposed rule. Further information regarding the comments can be found
in the docket for this action under Docket ID No. EPA-HQ-OW-2018-0669.
The EPA did not receive a request for a public hearing; as a result,
the EPA announced that no public hearing would be held.
IV. The EPA's Final Action
A. What is the EPA finalizing in this action?
In this final rule, the EPA is approving 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 updates 40 CFR part 147, subpart JJ, to reflect the
transfer of authority.
The supporting documents for this final rule are part of the public
record in the EPA's Docket No. EPA-HQ-OW-2018-0669. This action amends
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 making in this rule?
In this rule, the EPA is finalizing 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,
the EPA is finalizing the incorporation by reference of the North
Dakota statutes and regulations 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 8, Library 2nd Floor,
1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA is revising
the incorporation by reference at 40 CFR 147.1751 with ``EPA-Approved
North Dakota SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Classes I, III, IV, V and VI,'' dated
January 2019.
The EPA is also revising table 1 to paragraph (a) of Sec.
147.1751, which lists the EPA-approved North Dakota statutes and
regulations contained in the material incorporated by reference at 40
CFR 147.1751.
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 therefore
the EPA did not submit it to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not 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. The 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's 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
the
[[Page 15121]]
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 does 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 does 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.
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
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
simply approves North Dakota's transfer of 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.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian lands,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.
Dated: April 8, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons set out in the preamble, the Environmental
Protection Agency is amending 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. Adding the word ``and'' at the end of paragraph (b)(1);
0
c. Removing paragraphs (b)(2) and (3);
0
d. Redesignating paragraph (b)(4) as paragraph (b)(2);
0
e. Revising paragraphs (c), (d), (e), (f), (g), and (h); and
0
f. 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 April 15, 2019; the program is effective May 15, 2019. 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 approved by the EPA for inclusion in ``EPA-Approved North
Dakota SDWA Sec. 1422 Underground Injection Control Program Statutes
and Regulations for Well Classes I, III, IV, V and VI,'' dated January
2019, and listed in table 1 to this paragraph (a), 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 material 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. If you wish to obtain this
material from the EPA Regional Office, call (303) 312-1226. Copies of
this material also may be inspected at the EPA Headquarters Library, in
the Water Docket, at the EPA Docket Center (EPA/DC), EPA WJC West, Room
3334, 1301 Constitution Ave. NW, Washington, DC 20460. If you wish to
obtain this material from the EPA Docket Center, call (202) 566-2426.
Copies of this material also may be inspected at the National Archives
and Records Administration (NARA). 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.
[[Page 15122]]
Table 1 to Paragraph (a)--EPA-Approved North Dakota SDWA Section 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 through 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... 2019 April 15, 2019, [insert
28.1-01 and 61-28.1-12. Federal Register
citation].
North Dakota Administrative Code Underground Injection 2019 April 15, 2019, [insert
Sections 33.1-25-01-01 through 33.1-25- Control Program. Federal Register
01-18. citation].
North Dakota Administrative Code Subsurface Mineral 1986 March 6, 1991, 56 FR 9418.
Sections 43-02-02-01 through 43-02-02- Exploration and
50. Development.
North Dakota Administrative Code Underground Injection 1984 September 21, 1984, 49 FR
Sections 43-02-02.1-01 through 43-02- Control Program. 37066.
02.2-19.
North Dakota Century Code Sections 38-22- Carbon Dioxide Underground 2009 April 24, 2018, 83 FR
01 through 38-22-23. Storage. 17761.
North Dakota Administrative Code Control of Oil and Gas 2013 April 24, 2018, 83 FR
Sections 38-08-16 and 38-08-17. Resources. 17761.
North Dakota Administrative Code Geologic Storage of Carbon 2013 April 24, 2018, 83 FR
Sections 43-05-01-01 through 43-05-01- Dioxide. 17761.
20.
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) The Memorandum of Agreement for the Class I, III, IV, and V
Underground Injection Control Program between EPA Region 8 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 the ``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 8 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. 2019-07442 Filed 4-12-19; 8:45 am]
BILLING CODE 6560-50-P
