State of Michigan Underground Injection Control (UIC) Class II Program; Primacy Approval, 14846-14850 [2021-05435]
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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
appropriate locations within or at the
boundary of the mixing zones and
outside of the mixing zones; otherwise
the criteria apply throughout the water
body including at the end of any
discharge pipe, conveyance, or other
discharge point within the water body.
[FR Doc. 2021–05428 Filed 3–18–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
[EPA–HQ–OW–2020–0595; FRL 10018–31–
OW]
RIN 2040–ZA35
State of Michigan Underground
Injection Control (UIC) Class II
Program; Primacy Approval
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA or Agency) is
taking direct final action to approve the
State of Michigan’s Underground
Injection Control Class II (UIC) Program
for primacy. EPA has determined that
the State’s program is consistent with
the provisions of the Safe Drinking
Water Act (SDWA) at Section 1425 to
prevent underground injection activities
that endanger underground sources of
drinking water. EPA’s approval allows
Michigan to implement and enforce its
state regulations for UIC Class II
injection wells located within the State.
Michigan’s authority excludes the
regulation of injection well Classes I, III,
IV, V, and VI, and all wells in Indian
country, as required by rule under the
SDWA.
DATES: This rule is effective on June 17,
2021 without further notice, unless EPA
receives adverse comment by April 19,
2021. If EPA receives adverse comment,
the Agency will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect. For judicial review
purposes, this final rule is promulgated
as of June 17, 2021. The incorporation
by reference of certain publications
listed in the rule is approved by the
Director of the Federal Register as of
June 17, 2021.
ADDRESSES: Submit your comments to
the public docket for this rule,
identified by Docket No. EPA–HQ–OW–
2020–0595, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
All submissions received must include
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SUMMARY:
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the Docket ID No. for this rulemaking.
Comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document. Out of an abundance of
caution for members of the public and
our staff, the EPA Docket Center and
Reading Room are closed to the public,
with limited exceptions, to reduce the
risk of transmitting COVID–19. Our
Docket Center staff will continue to
provide remote customer service via
email, phone, and webform. We
encourage the public to submit
comments via https://
www.regulations.gov or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/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
Anna Miller, UIC Section, U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, IL
60604; telephone number: (312) 886–
7060; email address: miller.anna@
epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information is organized
as follows:
I. Public Participation
II. Direct Final Rule
III. Entities Affected by This Action
IV. Legal Authorities
V. Michigan’s Application
A. Public Participation Activities
Conducted by the State of Michigan
B. Notice of Completion and Public
Participation Activities Conducted by
EPA
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 12563: Improving Regulation and
Controlling Regulatory Costs
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
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G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Public Participation
Submit your written comments,
identified by Docket ID No. EPA–HQ–
OW–2020–0595, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from the docket. EPA
may publish any comment received to
its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Contact EPA if you want to submit CBI;
see FOR INFORMATION CONTACT section of
this document. Multimedia submissions
(audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control and
Prevention (CDC), local area health
departments, and our Federal partners
so that we can respond rapidly as
conditions change regarding COVID–19.
II. Direct Final Rule
EPA published this rule without a
prior proposed rule. The Agency views
this action as noncontroversial and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of the Federal Register, EPA is
publishing a separate document that
serves as the proposed rule if the
Agency receives adverse comment on
this direct final rule. The Agency will
not institute a second comment period
on this action. Any parties interested in
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commenting must do so at this time. For
further information about commenting
on this rule, see the ADDRESSES section
of this document.
If EPA receives adverse comment, the
Agency will publish a timely
withdrawal in the Federal Register,
informing the public that this direct
final rule will not take effect. The
Agency will then consider and address
all public comments in any subsequent
final rule based on the proposed rule.
III. Entities Affected by this Action
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REGULATED ENTITIES
North American
Industry
Classification
System
Category
Examples of potentially regulated entities
Industry .............
Private owners and operators of Class II injection wells located within the state (Enhanced Recovery,
Produced Fluid Disposal and Hydrocarbon Storage).
This table is intended to be a guide for
readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. If you have questions
regarding the applicability of this action
to a particular entity, consult the
persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
by Michigan’s Class II UIC program,
without restriction. The Agency
continues to administer the UIC
program for Class I, III, VI, V, and VI,
injection wells in the State and for all
wells in Indian country.
IV. Legal Authorities
The State published a notification in
the Michigan Register announcing their
UIC Class II regulations and requesting
comment on February 15, 2018. Public
comment was accepted through March
16, 2018, and a public hearing on the
State’s regulations and its intent to
apply for primacy was held on February
28, 2018. Both oral and written
comments received for the hearing were
generally supportive of the State
pursuing primacy for the UIC Class II
injection well program.
EPA approves Michigan’s UIC
Program primacy application for Class II
injection wells located within the State,
as required by rule under the SDWA, to
prevent underground injection activities
that endanger underground sources of
drinking water. Accordingly, the
Agency codifies Michigan’s program in
the Code of Federal Regulations (CFR) at
40 CFR part 147, under the authority of
the SDWA, Section 1425, 42 U.S.C.
300h-4. Michigan applied to EPA under
Section 1425 of the SDWA for primacy
for all Class II injection wells within the
State except those in Indian country.
The Agency’s approval is based on a
legal and technical review of Michigan’s
primacy application. The review
included an evaluation of Michigan’s
requirements for permitting, compliance
evaluation, and enforcement and of the
programmatic structures and legal
authority needed to ensure the
protection of underground sources of
drinking water (USDWs) in coordination
with EPA. Through this process the
Agency determined that the State’s
program is effective. EPA will continue
to oversee Michigan’s administration of
the SDWA Class II UIC program. As part
of EPA’s oversight responsibility, EPA
will require Michigan to submit semiannual reports of non-compliance and
annual UIC performance reports
pursuant to 40 CFR 144.8. The
Memorandum of Agreement between
EPA and Michigan, signed by the EPA
Region 5 Regional Administrator on
October 13, 2020, makes available to
EPA any information obtained or used
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V. Michigan’s Application
A. Public Participation Activities
Conducted by the State of Michigan
B. Notice of Completion and Public
Participation Activities Conducted by
EPA
On April 15, 2020, the Agency
published a notification of Michigan’s
complete application in the Federal
Register (80 FR 69629) and posted a
similar announcement on the EPA
Region 5 website. The document
established a public comment period of
60 days and a public hearing on May 27,
2020. The May 27, 2020 public hearing
was held virtually due to restrictions on
meetings imposed by the State of
Michigan related to COVID–19 and to
protect public health. EPA had also
directly contacted federally recognized
tribes in the State of Michigan to
provide a separate opportunity for
consultation on the Michigan Class II
UIC primacy application. A tribal
consultation call was held on April 14,
2020.
EPA received a total of 40 public
comments in the electronic docket, by
paper mail, and during the virtual
hearing. Thirty-seven of the comments
contained general expressions of
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211111 & 213111.
support for Michigan’s application. One
letter submitted was from a tribal
government, offering comments and
requesting specific information; these
comments and request were addressed
through the tribal consultation process.
One electronic docket statement was
determined to be out of scope of this
action as it expressed a general desire
for Michigan to adopt a clean energy
statute. One speaker at the virtual
hearing asked several questions about
Michigan’s program. The speaker did
not make a comment or statement about
the application.
Through a March 9, 2020 written
letter, EPA invited interested tribes to
consult regarding the Agency’s review
of the State’s request for program
approval, in accordance with EPA
Policy for Consultation and
Coordination with Indian Tribes (May 4,
2011). EPA held a telephone conference
with interested tribes on April 14, 2020.
Additionally, EPA received written
comments from two tribes. EPA
communicated the concerns raised in
these comments via email to the
Michigan Department of Environment,
Great Lakes, and Energy (EGLE) on July
23, 2020. In response, EGLE sent a letter
dated August 6, 2020, in which the
Department committed to consult and
coordinate with tribes regarding permit
applications for wells adjacent to Indian
country (defined in accordance with 18
U.S.C. 1151) and within the ceded
territory where tribes hold offreservation treaty rights. Detailed
documents covering the comments
submitted to EPA through the public
comment process and the tribal
consultation, as well as the Agency’s
responses and steps taken can be
viewed in the docket.
VI. Incorporation by Reference
In this action, EPA is approving
Michigan’s Class II UIC program;
whereby the State will assume primacy
for regulating Class II injection wells in
the State, except within Indian country.
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Michigan’s statutes and supporting
documentation are publicly available in
EPA’s Docket No. EPA–HQ–OW–2020–
0595. This action amends 40 CFR part
147 and incorporates by reference EPAapproved state statutes and regulations.
EPA will continue to administer the UIC
program for all other well classes in
Michigan and all well classes within
Indian country.
The provisions of Michigan’s statutes
and regulations that contain standards,
requirements, and procedures
applicable to owners or operators of UIC
Class II wells are incorporated by
reference into 40 CFR 147.1150 by this
rule. Any provisions incorporated by
reference, as well as all permit
conditions or permit denials issued
pursuant to such provisions, will be
enforceable by EPA pursuant to the
SDWA Section 1423 and 40 CFR
147.1(e).
In order to better serve the public,
EPA is reformatting the codification of
‘‘EPA-Approved State of Michigan Safe
Drinking Water Act § 1425 Underground
Injection Control (UIC) Program Statutes
and Regulations for Class II wells.’’
Instead of codifying the Michigan
statutes and regulations as separate
paragraphs, EPA is now incorporating
by reference a compilation that contains
EPA-approved Michigan statutes and
regulations for Class II wells. This
compilation is incorporated by reference
into 40 CFR 147.1150 and is available at
https://www.regulations.gov in the
docket for this rule. EPA has made, and
will continue to make, these documents
generally available through https://
www.regulations.gov and in hard copy
at the EPA Region 5 office (see the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information). A
complete list of the Michigan statutes
and regulations contained in the
compilation, titled ‘‘EPA-Approved
State of Michigan Safe Drinking Water
Act § 1425 Underground Injection
Control (UIC) Program Statutes and
Regulations for Class II wells,’’ dated
November 24, 2020, is codified as Table
1 to paragraph (a) in that section.
that the approval of primacy for the UIC
program is not a significant regulatory
action.
VII. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local, or
tribal governments or the private sector.
EPA’s approval of Michigan’s primacy
application 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.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review.
This action is exempt from review by
the Office of Management and Budget
(OMB) because OMB has determined
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B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. EPA determined that there is no
need for an Information Collection
Request under the PRA because this
direct final rule does not impose any
new Federal reporting or recordkeeping
requirements. Reporting or
recordkeeping requirements will be
based on Michigan’s UIC Regulations,
and Michigan is not subject to the PRA.
However, OMB has previously approved
the information collection activities
contained in the existing UIC
regulations and for Section 1425 states
under the provisions of the PRA, 44
U.S.C. 3501 et seq. and has assigned
OMB control number 2040–0042.
C. Regulatory Flexibility Act (RFA)
The Agency certifies 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 action
would not impose any new
requirements on small entities. It simply
approves and codifies Michigan’s Class
II UIC program, which meets the same
effectiveness standard under SDWA
Section 1425 for regulating a Class II
UIC well program. EPA has therefore
concluded that this action will have no
net regulatory burden for all directly
regulated small entities.
D. Unfunded Mandates Reform Act
(UMRA)
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E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175 as explained in Section
V.B. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in Section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it approves a state program.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes that this action is not
subject to Executive Order 12898 (59 FR
7629, February 16, 1994) because it does
not establish either a new
environmental health or a new safety
standard. This action is providing
Michigan with primacy under the
SDWA for the Class II UIC program,
pursuant to which Michigan will be
implementing and enforcing a state
regulatory program that is as effective as
the existing federal program.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to the
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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.
Jane Nishida,
Acting Administrator.
For the reasons set out in the
preamble, EPA amends 40 CFR part 147
as follows:
PART 147—STATE, TRIBAL, AND EPAADMINISTERED UNDERGROUND
INJECTION CONTROL PROGRAMS
1. The authority citation for part 147
continues to read as follows:
■
Authority: 42 U.S.C. 300f et seq.; and 42
U.S.C. 6901 et seq.
Subpart X—Michigan
■
2. Add § 147.1150 to read as follows:
§ 147.1150 State-administered program—
Class II wells.
The UIC program for Class II injection
wells in the State of Michigan, except
for those in Indian country, is the
program administered by the Michigan
Department of Environment, Great
Lakes, and Energy, approved by EPA
pursuant to Section 1425 of the SDWA.
Notification of this approval was
published in the Federal Register on
March 19, 2021; the effective date of this
program is June 17, 2021. Table 1 to
paragraph (a) of this section is the table
of contents of the Michigan State
statutes and regulations incorporated as
follows by reference. This program
consists of the following elements, as
submitted to EPA in the State’s program
application.
(a) Incorporation by reference. The
requirements set forth in the State’s
statutes and regulations approved by
EPA for inclusion in ‘‘EPA-Approved
State of Michigan Safe Drinking Water
Act § 1425 Underground Injection
Control (UIC) Program Statutes and
Regulations for Class II wells,’’ dated
November 24, 2020, and listed in Table
1 to this paragraph (a), are hereby
incorporated by reference and made a
part of the applicable UIC program
under the SDWA for the State of
Michigan. This incorporation by
reference was approved by the Director
of the Federal Register in accordance
14849
with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the Michigan regulations and
statutes that are incorporated by
reference may be inspected at the
Michigan Department of Environment,
Great Lakes, and Energy, Oil, Gas, and
Minerals Division, Constitution Hall,
525 West Allegan, Street, Lansing,
Michigan 48909, (517) 284–6823; the
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–2147;
the U.S. Environmental Protection
Agency, Water Docket, EPA Docket
Center (EPA/DC), EPA WJC West, Room
3334, 1301 Constitution Ave. NW,
Washington, DC 20004. If you wish to
obtain materials from the EPA
Headquarters Library, please call the
Water Docket at (202) 566–2426 or from
the EPA Regional Office, please call
(312) 353–2147. You may also inspect
the materials at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, email
fedreg.legal@nara.gov, or go to
www.archives.gov/federal-register/cfr/
ibr-locations.html.
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TABLE 1 TO PARAGRAPH (a)—EPA-APPROVED STATE OF MICHIGAN SDWA SECTION 1425 UNDERGROUND INJECTION
CONTROL PROGRAM STATUTES AND REGULATIONS FOR WELL CLASS II
State citation
Title/subject
Natural Resources and Environmental Protection Act,
Act 451 of 1994, Part 615 (Supervisor of Wells),
Michigan
Compiled
Laws
(MCL)
Sections
324.61501—324.61527.
Natural Resources and Environmental Protection Act,
Act 451 of 1994, Part 13 (Permits), MCL Sections
324.1301–324.1317.
Natural Resources and Environmental Protection Act,
Act 451 of 1994, Part 616 (Orphan Well Fund), MCL
Sections 324.61601–324.61607.
Natural Resources and Environmental Protection Act,
Act 451 of 1994, Part 17 (Michigan Environmental
Protection Act), MCL Sections 324.1701 –324.1706.
Administrative Procedures Act, Act 306 of 1969, MCL
Sections 24.201–24.328.
Revised Judicature Act of 1961, Act 236 of 1961, MCL
Section 600.631.
Michigan Department of Environmental Quality Part 615
(Oil and Gas Operations) Administrative Rules, Michigan Administrative Code (MAC) as follows:.
R 324.101 to 324.199, R 324.201 to 324.208, R
324.210 to 324.216, R 324.401 to 324.422, R
324.501 to 324.504, R 324.507, R 324.508, R
324.510, R 324.511, R 324.701 to 324.705, R
324.801 to 324.808, R 324.810 to 324.816, R
324.901 to 324.904, R 324.1001 to 324.1013, R
324.1015, R 324.1101 to 324.1130, R 324.1201 to
324.1212, R 324.1301, and R 324.1401 to 324.1406.
Michigan Department of Licensing and Regulatory Affairs (Contested Case Procedures for Department of
Environmental Quality) Administrative Rules, MAC, R
324.73 and R 324.74.
Supervisor of Wells ...........
Effective September 10,
2004.
March 19, 2021 [Insert FR
citation of the final rule].
Permits ..............................
Effective March 29, 2019 ..
March 19, 2021 [Insert FR
citation of the final rule].
Orphan Well Fund .............
Effective May 24, 1995 .....
March 19, 2021 [Insert FR
citation of the final rule].
Michigan Environmental
Protection Act.
Effective March 30, 1995 ..
March 19, 2021 [Insert FR
citation of the final rule].
Administrative Procedures
Act.
Revised Judicature Act .....
Effective June 29, 2018 ....
Oil and Gas Operations
(administrative rules).
Effective 2019 ....................
March 19, 2021
citation of the
March 19, 2021
citation of the
March 19, 2021
citation of the
General Provisions (administrative rules).
Effective 2003 ....................
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State effective date
Effective April 1, 1974 .......
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EPA approval date
[Insert FR
final rule].
[Insert FR
final rule].
[Insert FR
final rule].
March 19, 2021 [Insert FR
citation of the final rule].
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TABLE 1 TO PARAGRAPH (a)—EPA-APPROVED STATE OF MICHIGAN SDWA SECTION 1425 UNDERGROUND INJECTION
CONTROL PROGRAM STATUTES AND REGULATIONS FOR WELL CLASS II—Continued
State citation
Title/subject
State effective date
EPA approval date
Michigan Department of Licensing and Regulatory Affairs (Contested Case Procedures for Department of
Environmental Quality) Administrative Rules, MAC, R
324.81.
Declaratory Rulings ...........
(administrative rules) .........
Effective 2003 ....................
March 19, 2021 [Insert FR
citation of the final rule].
(b) Memorandum of Agreement
(MOA). The MOA between EPA Region
5 and the State of Michigan Department
of Environment, Great Lakes, and
Energy signed by EPA Regional
Administrator on October 13, 2020.
(c) Statements of legal authority.
‘‘Underground Injection Control
Program, Attorney General’s
Statement,’’ signed by the Chief of the
Environment, Natural Resources, and
Agriculture Division of the Michigan
Department of Attorney General on
September 1, 2020.
(d) Program description. The program
description submitted as part of
Michigan’s application, and any other
materials submitted as part of this
application or as a supplement thereto.
■ 3. Amend § 147.1151 by revising the
section heading and the first sentence of
paragraph (a) to read as follows:
§ 147.1151 EPA-administered program—
Class I, III, IV, V, and VI wells and Indian
country.
(a) * * * The UIC program for Class
I, III, IV, V and VI wells and all wells
in Indian country in the State of
Michigan is administered by the EPA.
* * *
*
*
*
*
*
■ 4. Revise §§ 147.1153, 147.1154, and
147.1155 to read as follows:
§ 147.1153 Existing Class II disposal wells
authorized by rule in Indian country.
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The owner or operator shall limit
injection pressure to the lesser of:
(a) A value which will not exceed the
operating requirements of
§ 144.28(f)(3)(i) or (ii) of this chapter as
applicable; or
(b) A value for well head pressure
calculated by using the following
formula: Pm = (0.800¥0.433 Sg)d,
where: pm = injection pressure at the
well head in pounds per square inch, sg
= specific gravity of injected fluid
(unitless), and d = injection depth in
feet.
§ 147.1154 Existing Class II enhanced
recovery and hydrocarbon storage wells
authorized by rule in Indian country.
(a) Maximum injection pressure. (1)
To meet the operating requirements of
§ 144.28(f)(3)(ii)(A) and (B) of this
chapter, the owner or operator:
VerDate Sep<11>2014
16:22 Mar 18, 2021
Jkt 253001
(i) Shall use an injection pressure no
greater than the pressure established by
the Regional Administrator for the field
or formation in which the well is
located. The Regional Administrator
shall establish such a maximum
pressure after notice, opportunity for
comment, and opportunity for a public
hearing, according to the provisions of
part 124, subpart A, of this chapter, and
will inform owners and operators in
writing of the applicable maximum
pressure; or
(ii) May inject at pressures greater
than those specified in paragraph
(a)(1)(i) of this section for the field or
formation in which he is operating
provided he submits a request in writing
to the Regional Administrator, and
demonstrates to the satisfaction of the
Regional Administrator that such
injection pressure will not violate the
requirement of § 144.28(f)(3)(ii)(A) and
(B) of this chapter. The Regional
Administrator may grant such a request
after notice, opportunity for comment,
and opportunity for a public hearing,
according to the provisions of part 124,
subpart A, of this chapter.
(2) Prior to such time as the Regional
Administrator establishes field rules for
maximum injection pressure based on
data provided pursuant to paragraph
(a)(2)(ii) of this section the owner or
operator shall:
(i) Limit injection pressure to a value
which will not exceed the operating
requirements of § 144.28(f)(3)(ii) of this
chapter; and
(ii) Submit data acceptable to the
Regional Administrator which defines
the fracture pressure of the formation in
which injection is taking place. A single
test may be submitted on behalf of two
or more operators conducting operations
in the same formation, if the Regional
Administrator approves such
submission. The data shall be submitted
to the Regional Administrator within
one (1) year following June 17, 2021, the
effective date of this program.
(b) Casing and cementing. Where the
Regional Administrator determines that
the owner or operator of an existing
enhanced recovery or hydrocarbon
storage may not be in compliance with
the requirements of §§ 144.28(e) and
146.22 of this chapter, the owner or
PO 00000
Frm 00044
Fmt 4700
Sfmt 9990
operator shall comply with paragraphs
(b)(1) through (4) of this section, when
required by the regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by
recirculating the cement to the surface
from a point 50 feet below the
lowermost USDW; or
(ii) Isolating all USDWs by placing
cement between the outermost casing
and the well bore; and
(2) Isolate any injection zones by
placing sufficient cement to fill the
calculated space between the casing and
the well bore to a point 250 feet above
the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality
to withstand the maximum operating
pressure;
(ii) Which is resistant to deterioration
from formation and injection fluids; and
(iii) In a quantity no less than 120%
of the calculated volume necessary to
cement off a zone.
(4) The Regional Administrator may
specify other requirements in addition
to or in lieu of the requirements set forth
in paragraphs (b)(1) through (3) of this
section, as needed to protect USDWs.
§ 147.1155 Requirements for all EPAadministered wells.
(a) Area of review. Notwithstanding
the alternatives presented in § 146.6 of
this chapter, the area of review for Class
II wells shall be a fixed radius as
described in § 146.6(b) of this chapter.
(b) Tubing and packer. The owner or
operator of an injection well injecting
salt water for disposal shall inject
through tubing and packer. The owner
of an existing well must comply with
this paragraph (b) within one (1) year of
June 17, 2021, the effective date of this
program.
[FR Doc. 2021–05435 Filed 3–18–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\19MRR1.SGM
19MRR1
Agencies
[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Rules and Regulations]
[Pages 14846-14850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05435]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2020-0595; FRL 10018-31-OW]
RIN 2040-ZA35
State of Michigan Underground Injection Control (UIC) Class II
Program; Primacy Approval
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is
taking direct final action to approve the State of Michigan's
Underground Injection Control Class II (UIC) Program for primacy. EPA
has determined that the State's program is consistent with the
provisions of the Safe Drinking Water Act (SDWA) at Section 1425 to
prevent underground injection activities that endanger underground
sources of drinking water. EPA's approval allows Michigan to implement
and enforce its state regulations for UIC Class II injection wells
located within the State. Michigan's authority excludes the regulation
of injection well Classes I, III, IV, V, and VI, and all wells in
Indian country, as required by rule under the SDWA.
DATES: This rule is effective on June 17, 2021 without further notice,
unless EPA receives adverse comment by April 19, 2021. If EPA receives
adverse comment, the Agency will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect. For judicial review purposes, this final rule is promulgated as
of June 17, 2021. The incorporation by reference of certain
publications listed in the rule is approved by the Director of the
Federal Register as of June 17, 2021.
ADDRESSES: Submit your comments to the public docket for this rule,
identified by Docket No. EPA-HQ-OW-2020-0595, at https://www.regulations.gov. Follow the online instructions for submitting
comments. All submissions received must include the Docket ID No. for
this rulemaking. Comments received may be posted without change to
https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. Out
of an abundance of caution for members of the public and our staff, the
EPA Docket Center and Reading Room are closed to the public, with
limited exceptions, to reduce the risk of transmitting COVID-19. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. We encourage the public to submit
comments via https://www.regulations.gov or email, as there may be a
delay in processing mail and faxes. Hand deliveries and couriers may be
received by scheduled appointment only. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/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 Anna Miller, UIC
Section, U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, IL 60604; telephone number: (312) 886-7060; email
address: [email protected].
SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:
I. Public Participation
II. Direct Final Rule
III. Entities Affected by This Action
IV. Legal Authorities
V. Michigan's Application
A. Public Participation Activities Conducted by the State of
Michigan
B. Notice of Completion and Public Participation Activities
Conducted by EPA
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 12563: Improving Regulation and Controlling
Regulatory Costs
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Public Participation
Submit your written comments, identified by Docket ID No. EPA-HQ-
OW-2020-0595, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from the docket. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Contact
EPA if you want to submit CBI; see FOR INFORMATION CONTACT section of
this document. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.
EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.
II. Direct Final Rule
EPA published this rule without a prior proposed rule. The Agency
views this action as noncontroversial and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of the Federal
Register, EPA is publishing a separate document that serves as the
proposed rule if the Agency receives adverse comment on this direct
final rule. The Agency will not institute a second comment period on
this action. Any parties interested in
[[Page 14847]]
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
If EPA receives adverse comment, the Agency will publish a timely
withdrawal in the Federal Register, informing the public that this
direct final rule will not take effect. The Agency will then consider
and address all public comments in any subsequent final rule based on
the proposed rule.
III. Entities Affected by this Action
Regulated Entities
------------------------------------------------------------------------
Examples of
Category potentially regulated North American Industry
entities Classification System
------------------------------------------------------------------------
Industry.............. Private owners and 211111 & 213111.
operators of Class II
injection wells
located within the
state (Enhanced
Recovery, Produced
Fluid Disposal and
Hydrocarbon Storage).
------------------------------------------------------------------------
This table is intended to be a guide for readers regarding entities
likely to be regulated by this action. This table lists the types of
entities that EPA is now aware could potentially be regulated by this
action. If you have questions regarding the applicability of this
action to a particular entity, consult the persons listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
IV. Legal Authorities
EPA approves Michigan's UIC Program primacy application for Class
II injection wells located within the State, as required by rule under
the SDWA, to prevent underground injection activities that endanger
underground sources of drinking water. Accordingly, the Agency codifies
Michigan's program in the Code of Federal Regulations (CFR) at 40 CFR
part 147, under the authority of the SDWA, Section 1425, 42 U.S.C.
300h-4. Michigan applied to EPA under Section 1425 of the SDWA for
primacy for all Class II injection wells within the State except those
in Indian country.
The Agency's approval is based on a legal and technical review of
Michigan's primacy application. The review included an evaluation of
Michigan's requirements for permitting, compliance evaluation, and
enforcement and of the programmatic structures and legal authority
needed to ensure the protection of underground sources of drinking
water (USDWs) in coordination with EPA. Through this process the Agency
determined that the State's program is effective. EPA will continue to
oversee Michigan's administration of the SDWA Class II UIC program. As
part of EPA's oversight responsibility, EPA will require Michigan to
submit semi-annual reports of non-compliance and annual UIC performance
reports pursuant to 40 CFR 144.8. The Memorandum of Agreement between
EPA and Michigan, signed by the EPA Region 5 Regional Administrator on
October 13, 2020, makes available to EPA any information obtained or
used by Michigan's Class II UIC program, without restriction. The
Agency continues to administer the UIC program for Class I, III, VI, V,
and VI, injection wells in the State and for all wells in Indian
country.
V. Michigan's Application
A. Public Participation Activities Conducted by the State of Michigan
The State published a notification in the Michigan Register
announcing their UIC Class II regulations and requesting comment on
February 15, 2018. Public comment was accepted through March 16, 2018,
and a public hearing on the State's regulations and its intent to apply
for primacy was held on February 28, 2018. Both oral and written
comments received for the hearing were generally supportive of the
State pursuing primacy for the UIC Class II injection well program.
B. Notice of Completion and Public Participation Activities Conducted
by EPA
On April 15, 2020, the Agency published a notification of
Michigan's complete application in the Federal Register (80 FR 69629)
and posted a similar announcement on the EPA Region 5 website. The
document established a public comment period of 60 days and a public
hearing on May 27, 2020. The May 27, 2020 public hearing was held
virtually due to restrictions on meetings imposed by the State of
Michigan related to COVID-19 and to protect public health. EPA had also
directly contacted federally recognized tribes in the State of Michigan
to provide a separate opportunity for consultation on the Michigan
Class II UIC primacy application. A tribal consultation call was held
on April 14, 2020.
EPA received a total of 40 public comments in the electronic
docket, by paper mail, and during the virtual hearing. Thirty-seven of
the comments contained general expressions of support for Michigan's
application. One letter submitted was from a tribal government,
offering comments and requesting specific information; these comments
and request were addressed through the tribal consultation process. One
electronic docket statement was determined to be out of scope of this
action as it expressed a general desire for Michigan to adopt a clean
energy statute. One speaker at the virtual hearing asked several
questions about Michigan's program. The speaker did not make a comment
or statement about the application.
Through a March 9, 2020 written letter, EPA invited interested
tribes to consult regarding the Agency's review of the State's request
for program approval, in accordance with EPA Policy for Consultation
and Coordination with Indian Tribes (May 4, 2011). EPA held a telephone
conference with interested tribes on April 14, 2020. Additionally, EPA
received written comments from two tribes. EPA communicated the
concerns raised in these comments via email to the Michigan Department
of Environment, Great Lakes, and Energy (EGLE) on July 23, 2020. In
response, EGLE sent a letter dated August 6, 2020, in which the
Department committed to consult and coordinate with tribes regarding
permit applications for wells adjacent to Indian country (defined in
accordance with 18 U.S.C. 1151) and within the ceded territory where
tribes hold off-reservation treaty rights. Detailed documents covering
the comments submitted to EPA through the public comment process and
the tribal consultation, as well as the Agency's responses and steps
taken can be viewed in the docket.
VI. Incorporation by Reference
In this action, EPA is approving Michigan's Class II UIC program;
whereby the State will assume primacy for regulating Class II injection
wells in the State, except within Indian country.
[[Page 14848]]
Michigan's statutes and supporting documentation are publicly available
in EPA's Docket No. EPA-HQ-OW-2020-0595. This action amends 40 CFR part
147 and incorporates by reference EPA-approved state statutes and
regulations. EPA will continue to administer the UIC program for all
other well classes in Michigan and all well classes within Indian
country.
The provisions of Michigan's statutes and regulations that contain
standards, requirements, and procedures applicable to owners or
operators of UIC Class II wells are incorporated by reference into 40
CFR 147.1150 by this rule. Any provisions incorporated by reference, as
well as all permit conditions or permit denials issued pursuant to such
provisions, will be enforceable by EPA pursuant to the SDWA Section
1423 and 40 CFR 147.1(e).
In order to better serve the public, EPA is reformatting the
codification of ``EPA-Approved State of Michigan Safe Drinking Water
Act Sec. 1425 Underground Injection Control (UIC) Program Statutes and
Regulations for Class II wells.'' Instead of codifying the Michigan
statutes and regulations as separate paragraphs, EPA is now
incorporating by reference a compilation that contains EPA-approved
Michigan statutes and regulations for Class II wells. This compilation
is incorporated by reference into 40 CFR 147.1150 and is available at
https://www.regulations.gov in the docket for this rule. EPA has made,
and will continue to make, these documents generally available through
https://www.regulations.gov and in hard copy at the EPA Region 5 office
(see the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information). A complete list of the Michigan statutes and
regulations contained in the compilation, titled ``EPA-Approved State
of Michigan Safe Drinking Water Act Sec. 1425 Underground Injection
Control (UIC) Program Statutes and Regulations for Class II wells,''
dated November 24, 2020, is codified as Table 1 to paragraph (a) in
that section.
VII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review.
This action is exempt from review by the Office of Management and
Budget (OMB) because OMB has determined that the approval of primacy
for the UIC program is not a significant regulatory action.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. EPA determined that there is no need for an Information
Collection Request under the PRA because this direct final rule does
not impose any new Federal reporting or recordkeeping requirements.
Reporting or recordkeeping requirements will be based on Michigan's UIC
Regulations, and Michigan is not subject to the PRA. However, OMB has
previously approved the information collection activities contained in
the existing UIC regulations and for Section 1425 states under the
provisions of the PRA, 44 U.S.C. 3501 et seq. and has assigned OMB
control number 2040-0042.
C. Regulatory Flexibility Act (RFA)
The Agency certifies 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 action would not impose
any new requirements on small entities. It simply approves and codifies
Michigan's Class II UIC program, which meets the same effectiveness
standard under SDWA Section 1425 for regulating a Class II UIC well
program. EPA has therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector. EPA's approval of
Michigan's primacy application will not constitute a Federal mandate
because there is no requirement that a state establish UIC regulatory
programs and because the program is a state, rather than a Federal
program.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 as explained in Section V.B. Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in Section 2-202 of
the Executive order. This action is not subject to Executive Order
13045 because it approves a state program.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish
either a new environmental health or a new safety standard. This action
is providing Michigan with primacy under the SDWA for the Class II UIC
program, pursuant to which Michigan will be implementing and enforcing
a state regulatory program that is as effective as the existing federal
program.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the
[[Page 14849]]
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.
Jane Nishida,
Acting Administrator.
For the reasons set out in the preamble, EPA amends 40 CFR part 147
as follows:
PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS
0
1. The authority citation for part 147 continues to read as follows:
Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.
Subpart X--Michigan
0
2. Add Sec. 147.1150 to read as follows:
Sec. 147.1150 State-administered program--Class II wells.
The UIC program for Class II injection wells in the State of
Michigan, except for those in Indian country, is the program
administered by the Michigan Department of Environment, Great Lakes,
and Energy, approved by EPA pursuant to Section 1425 of the SDWA.
Notification of this approval was published in the Federal Register on
March 19, 2021; the effective date of this program is June 17, 2021.
Table 1 to paragraph (a) of this section is the table of contents of
the Michigan State statutes and regulations incorporated as follows by
reference. This program consists of the following elements, as
submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State's statutes and regulations approved by EPA for inclusion in
``EPA-Approved State of Michigan Safe Drinking Water Act Sec. 1425
Underground Injection Control (UIC) Program Statutes and Regulations
for Class II wells,'' dated November 24, 2020, and listed in Table 1 to
this paragraph (a), are hereby incorporated by reference and made a
part of the applicable UIC program under the SDWA for the State of
Michigan. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the Michigan regulations and statutes that are
incorporated by reference may be inspected at the Michigan Department
of Environment, Great Lakes, and Energy, Oil, Gas, and Minerals
Division, Constitution Hall, 525 West Allegan, Street, Lansing,
Michigan 48909, (517) 284-6823; the U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 353-2147; the U.S. Environmental Protection Agency, Water Docket,
EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20004. If you wish to obtain materials from the
EPA Headquarters Library, please call the Water Docket at (202) 566-
2426 or from the EPA Regional Office, please call (312) 353-2147. You
may also inspect the materials at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email [email protected], or go to
www.archives.gov/federal-register/cfr/ibr-locations.html.
Table 1 to Paragraph (a)--EPA-Approved State of Michigan SDWA Section 1425 Underground Injection Control Program
Statutes and Regulations for Well Class II
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
Natural Resources and Environmental Supervisor of Wells.... Effective September 10, March 19, 2021 [Insert
Protection Act, Act 451 of 1994, 2004. FR citation of the
Part 615 (Supervisor of Wells), final rule].
Michigan Compiled Laws (MCL)
Sections 324.61501--324.61527.
Natural Resources and Environmental Permits................ Effective March 29, March 19, 2021 [Insert
Protection Act, Act 451 of 1994, 2019. FR citation of the
Part 13 (Permits), MCL Sections final rule].
324.1301-324.1317.
Natural Resources and Environmental Orphan Well Fund....... Effective May 24, 1995. March 19, 2021 [Insert
Protection Act, Act 451 of 1994, FR citation of the
Part 616 (Orphan Well Fund), MCL final rule].
Sections 324.61601-324.61607.
Natural Resources and Environmental Michigan Environmental Effective March 30, March 19, 2021 [Insert
Protection Act, Act 451 of 1994, Protection Act. 1995. FR citation of the
Part 17 (Michigan Environmental final rule].
Protection Act), MCL Sections
324.1701 -324.1706.
Administrative Procedures Act, Act Administrative Effective June 29, 2018 March 19, 2021 [Insert
306 of 1969, MCL Sections 24.201- Procedures Act. FR citation of the
24.328. final rule].
Revised Judicature Act of 1961, Act Revised Judicature Act. Effective April 1, 1974 March 19, 2021 [Insert
236 of 1961, MCL Section 600.631. FR citation of the
final rule].
Michigan Department of Environmental Oil and Gas Operations Effective 2019......... March 19, 2021 [Insert
Quality Part 615 (Oil and Gas (administrative rules). FR citation of the
Operations) Administrative Rules, final rule].
Michigan Administrative Code (MAC)
as follows:.
R 324.101 to 324.199, R 324.201 to
324.208, R 324.210 to 324.216, R
324.401 to 324.422, R 324.501 to
324.504, R 324.507, R 324.508, R
324.510, R 324.511, R 324.701 to
324.705, R 324.801 to 324.808, R
324.810 to 324.816, R 324.901 to
324.904, R 324.1001 to 324.1013, R
324.1015, R 324.1101 to 324.1130, R
324.1201 to 324.1212, R 324.1301,
and R 324.1401 to 324.1406..
Michigan Department of Licensing and General Provisions Effective 2003......... March 19, 2021 [Insert
Regulatory Affairs (Contested Case (administrative rules). FR citation of the
Procedures for Department of final rule].
Environmental Quality)
Administrative Rules, MAC, R 324.73
and R 324.74.
[[Page 14850]]
Michigan Department of Licensing and Declaratory Rulings.... Effective 2003......... March 19, 2021 [Insert
Regulatory Affairs (Contested Case (administrative rules). FR citation of the
Procedures for Department of final rule].
Environmental Quality)
Administrative Rules, MAC, R 324.81.
----------------------------------------------------------------------------------------------------------------
(b) Memorandum of Agreement (MOA). The MOA between EPA Region 5 and
the State of Michigan Department of Environment, Great Lakes, and
Energy signed by EPA Regional Administrator on October 13, 2020.
(c) Statements of legal authority. ``Underground Injection Control
Program, Attorney General's Statement,'' signed by the Chief of the
Environment, Natural Resources, and Agriculture Division of the
Michigan Department of Attorney General on September 1, 2020.
(d) Program description. The program description submitted as part
of Michigan's application, and any other materials submitted as part of
this application or as a supplement thereto.
0
3. Amend Sec. 147.1151 by revising the section heading and the first
sentence of paragraph (a) to read as follows:
Sec. 147.1151 EPA-administered program--Class I, III, IV, V, and VI
wells and Indian country.
(a) * * * The UIC program for Class I, III, IV, V and VI wells and
all wells in Indian country in the State of Michigan is administered by
the EPA. * * *
* * * * *
0
4. Revise Sec. Sec. 147.1153, 147.1154, and 147.1155 to read as
follows:
Sec. 147.1153 Existing Class II disposal wells authorized by rule in
Indian country.
The owner or operator shall limit injection pressure to the lesser
of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3)(i) or (ii) of this chapter as applicable; or
(b) A value for well head pressure calculated by using the
following formula: Pm = (0.800-0.433 Sg)d, where: pm = injection
pressure at the well head in pounds per square inch, sg = specific
gravity of injected fluid (unitless), and d = injection depth in feet.
Sec. 147.1154 Existing Class II enhanced recovery and hydrocarbon
storage wells authorized by rule in Indian country.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii)(A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A, of this chapter, and will inform owners and operators
in writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the
Regional Administrator, and demonstrates to the satisfaction of the
Regional Administrator that such injection pressure will not violate
the requirement of Sec. 144.28(f)(3)(ii)(A) and (B) of this chapter.
The Regional Administrator may grant such a request after notice,
opportunity for comment, and opportunity for a public hearing,
according to the provisions of part 124, subpart A, of this chapter.
(2) Prior to such time as the Regional Administrator establishes
field rules for maximum injection pressure based on data provided
pursuant to paragraph (a)(2)(ii) of this section the owner or operator
shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii) of this chapter; and
(ii) Submit data acceptable to the Regional Administrator which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation, if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within one (1) year following June 17, 2021,
the effective date of this program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage may not be in compliance with the requirements
of Sec. Sec. 144.28(e) and 146.22 of this chapter, the owner or
operator shall comply with paragraphs (b)(1) through (4) of this
section, when required by the regional Administrator:
(1) Protect USDWs by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to
fill the calculated space between the casing and the well bore to a
point 250 feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs
(b)(1) through (3) of this section, as needed to protect USDWs.
Sec. 147.1155 Requirements for all EPA-administered wells.
(a) Area of review. Notwithstanding the alternatives presented in
Sec. 146.6 of this chapter, the area of review for Class II wells
shall be a fixed radius as described in Sec. 146.6(b) of this chapter.
(b) Tubing and packer. The owner or operator of an injection well
injecting salt water for disposal shall inject through tubing and
packer. The owner of an existing well must comply with this paragraph
(b) within one (1) year of June 17, 2021, the effective date of this
program.
[FR Doc. 2021-05435 Filed 3-18-21; 8:45 am]
BILLING CODE 6560-50-P