State of New Mexico Underground Injection Control Program; Primacy Revisions, 47-51 [2021-28237]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Rules and Regulations]
[Pages 47-51]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28237]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2020-0154; FRL-7998-02-OW]


State of New Mexico Underground Injection Control Program; 
Primacy Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is approving an 
application from the State of New Mexico under the Safe Drinking Water 
Act (SDWA) to revise the State's existing Underground Injection Control 
(UIC) program for Class I injection wells located within the State, 
except those in Indian country. New Mexico has revised the State's UIC 
Class I program regulations to establish new permit conditions, 
oversight, and enforcement to manage hazardous waste injection 
activities by petroleum refineries in such a manner that is protective 
of underground sources of drinking water. The State's Class I hazardous 
waste injection wells are only authorized for use by petroleum 
refineries for the waste generated by the refinery (``generator''). 
With this action, EPA is also codifying previously approved, non-
substantial changes to the New Mexico UIC program. New Mexico will 
continue to implement and enforce a State UIC regulatory program that 
is as stringent as the existing federal program.

DATES: This final rule is effective on January 3, 2022. 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 January 3, 2022. 
For judicial purposes, this final rule is promulgated as of January 3, 
2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OW-2020-0154. 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 whose disclosure 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 Evelyn Rosborough, Region VI 
Library (6WD), U.S. Environmental Protection Agency, 1201 Elm Street, 
Suite 500, Dallas, Texas 75270; telephone number: (214) 665-7515; fax: 
(214) 665-6490; email address: [email protected].

SUPPLEMENTARY INFORMATION: This supplementary information is organized 
as follows:

I. Introduction
    A. UIC State Primacy
    B. New Mexico's UIC Primacy Program Revision
    C. UIC Class I Wells
    D. This Final Rule
II. Legal Authorities
III. State UIC Program Requirements
IV. State of New Mexico's Application
    A. Background
    B. Public Participation Activities Conducted by the State of New 
Mexico
    C. Public Participation Activities Conducted by EPA
V. Public Comments Received on the Proposed Rule and EPA's Response 
to Comments
    A. Public Comments
    B. EPA's Response
VI. Incorporation by Reference
VII. Effective Date
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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. Introduction

    EPA approved the State of New Mexico's UIC program as meeting the 
requirements for primary enforcement responsibility (primacy) for Class 
I, III, IV, and V injection wells, under SDWA Section 1422, on July 11, 
1983.

A. UIC State Primacy

    To obtain primacy for the UIC program, EPA conducts a technical and 
legal review of a state's primacy application. EPA's review encompasses 
a comprehensive evaluation of every aspect of each of the following 
elements: The state's UIC statutes and regulations, which must include 
provisions that are as stringent as the federal requirements; documents 
describing the public participation process; a request from the state's 
governor for primacy under SDWA; the program description; an attorney's 
general statement of enforcement authority; and a memorandum of 
agreement between EPA and the state, describing the administration, 
implementation, and enforcement of the state's UIC program.

B. New Mexico's UIC Primacy Program Revision

    The State of New Mexico has revised its UIC Class I program 
regulations to establish new permit conditions, oversight, and 
enforcement to manage Class I hazardous waste disposal wells by 
petroleum refineries, except those in Indian country. EPA considers New 
Mexico's application to be a ``substantial'' program revision and 
therefore subject to the agency's approval procedures specified in the 
Code of Federal Regulations (CFR) at 40 CFR 145.32(b)(2) and (4).

C. UIC Class I Wells

    Class I wells are typically drilled thousands of feet below the 
lowermost underground source of drinking water as authorized under 
SDWA. Non-hazardous waste disposal wells include municipal wastewater 
treatment, food

[[Page 48]]

production, and non-hazardous manufacturing waste. Whereas Class I 
hazardous waste disposal wells include the injection of waste that may 
be considered harmful to the public health or the environment. 
Hazardous waste is generated from many sources, ranging from industrial 
manufacturing process wastes to batteries. The injection of hazardous 
waste is strictly regulated under the Resource Conservation and 
Recovery Act (RCRA) and SDWA. Construction, permitting, operating, and 
monitoring requirements are more stringent for Class I hazardous waste 
disposal wells than for any other Class I injection well category. 
Examples of Class 1 hazardous waste disposal well requirements are 
listed Section V.B of this preamble.

D. This Final Rule

    In this final rule, EPA is approving New Mexico's application 
because it meets or exceeds all applicable requirements for approval 
under SDWA Section 1422 and the agency has determined that the State is 
capable of administering a Class I program pertaining to hazardous 
waste disposal wells for use by petroleum refineries in a manner 
consistent with the terms and purposes of SDWA and all applicable 
regulations to protect underground sources of drinking water (USDWs). 
With EPA's approval, New Mexico will continue to implement and enforce 
a state UIC regulatory program that is as stringent as the existing 
federal program.
    This action also updates the compilation of previously approved 
State statutes and regulations and, therefore, EPA is incorporating by 
reference the amended compilation of New Mexico's SDWA 1422 Program for 
Class I, III, IV, and V wells. See Section VI of this preamble for 
further information on the incorporation by reference.

II. Legal Authorities

    These proposed regulations are being promulgated under the 
authority of SDWA Sections 1422 and 1450, 42 U.S.C. 300h-1 and 300j-9.

III. State UIC Program Requirements

    SDWA Section 1421 requires the EPA Administrator to promulgate 
federal requirements for effective state UIC programs to prevent 
underground injection activities that endanger USDWs. SDWA Sections 
1422 and 1425 establish requirements for states seeking EPA approval of 
state UIC programs.
    For states that seek approval for UIC programs under SDWA Section 
1422, EPA has promulgated a regulation setting forth the applicable 
procedures and substantive requirements, codified at 40 CFR part 145. 
It includes requirements for state permitting programs (by referencing 
certain provisions of 40 CFR parts 24 and 144), compliance evaluation 
programs, enforcement authority, and information sharing. Each state 
UIC regulatory program must be as stringent as the existing federal 
program.

IV. State of New Mexico's Application

A. Background

    On May 2, 2019, EPA determined that the agency had received a 
complete UIC program revision application from the State of New Mexico, 
in which the State requested approval of its revised UIC regulations 
for Class I injection wells.
    On October 13, 2020 (85 FR 64437), EPA published a Federal Register 
document announcing New Mexico's submittal of a complete UIC program 
revision application to the agency. In that announcement, EPA proposed 
to approve the application from New Mexico under SDWA Section 1422 to 
implement a UIC program for Class I hazardous waste disposal wells for 
use by petroleum refineries located within the State, except those in 
Indian country; sought public comments on the agency's intent to 
approve New Mexico's application; and provided an opportunity to 
request a public hearing.

B. Public Participation Activities Conducted by the State of New Mexico

    On May 15, 2015, the New Mexico Water Quality Control Commission 
(WQCC or Commission) published a public notice of the Commission's 
intent to adopt amendments to the WQCC rules governing underground 
injection control to authorize the State of New Mexico to allow the 
approval of Class I hazardous waste injection wells for use by 
petroleum refineries. The public notice was published in 15 newspapers 
across the State of New Mexico. Written comments on the proposed 
rulemaking changes were accepted between May 15, 2015, and July 14, 
2015. A public hearing was held on July 14, 2015, before both a WQCC 
hearing officer and the full Commission. Prior to the hearing, five 
technical witnesses from the Navajo Nation and one from New Mexico Oil 
Conservation Division pre-filed written testimony. At the hearing, in 
addition to the technical witnesses, several members of the public, 
including local elected officials, provided written or oral testimony 
in favor of the proposed rule changes. There was no testimony, written 
or oral, in opposition to the proposal.

C. Public Participation Activities Conducted by EPA

    As previously noted, on October 13, 2020, EPA published a document 
announcing the receipt of a complete application for a UIC program 
revision from New Mexico, the agency's proposed approval of New 
Mexico's application, a request for public comment, and a public 
hearing to be held on November 27, 2020. EPA published this 
announcement in the Federal Register (85 FR 64437), the Albuquerque 
Journal, the Roswell Daily Record, the Gallup Independent, and on 
websites of both EPA Region VI and EPA Headquarters. In addition, EPA 
emailed a link to the document published in the Federal Register to a 
statewide list of interested stakeholders.

V. Public Comments Received on the Proposed Rule and EPA's Response to 
Comments

A. Public Comments

    The public comment period on EPA's October 13, 2020 (85 FR 64437) 
proposed approval was open for 45 days and ended on November 27, 2020. 
EPA received 15 public comment submissions. Two commenters are in 
support of the rule and provided clarification on the planned 
permitting and use of Class I hazardous waste disposal wells by 
petroleum refineries in New Mexico. Multiple commenters objected to the 
proposed rule, expressing general confusion about the safety of 
hazardous waste disposal within context of surface water and 
groundwater sources of drinking water in New Mexico and the protection 
provided under the UIC program in Indian country. These comments of 
general non-support for the UIC program do not include specific 
technical or legal assertions for EPA to further evaluate. For example, 
several commenters expressed concern about the safety of underground 
injection in general and with respect to sources of drinking water and 
expressed confusion over the underground injection well permitting 
authorities found within the State of New Mexico and Indian country.

B. EPA's Response

    SDWA sets the requirements for underground injection control 
activities, including hazardous waste disposal, that are subject to 
regulations promulgated by EPA and approval issued by either EPA or an 
authorized state, tribe, or territory. These activities are regulated 
by the UIC program. To operate an injection well, an owner or operator 
must receive approval through

[[Page 49]]

the appropriate UIC permitting authority. Injection well owners and 
operators may not: Site, construct, operate, maintain, convert, plug, 
abandon wells, or conduct any other injection activity that endangers 
USDWs. The purpose of the UIC program requirements is to ensure that 
either: Injected fluids stay within the well and the intended injection 
zone, or fluids that are directly or indirectly injected into a USDW do 
not cause a public water system to violate drinking water standards or 
otherwise adversely affect public health. The UIC program works with 
injection well owners and operators throughout the life of the well to 
ensure their wells and their practices do not contaminate drinking 
water. This is achieved through monitoring, reporting, inspections, 
compliance assistance, and enforcement action.\1\
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    \1\ For information on the approval for UIC primary permitting 
and enforcement authority visit: https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program.
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    Nationally, injection wells are overseen by a state, tribal, or 
territorial agency or one of EPA's regional offices. The State of New 
Mexico has primacy and is authorized to implement the UIC program for 
Class I, II, III, IV, and V injection wells within the boundaries of 
the State only (see Section I of this preamble). Since EPA's 1983 UIC 
program primacy approval, the agency has determined that New Mexico is 
capable of continuing to administer its UIC program in a manner 
consistent with the terms and purposes of SDWA and all applicable 
regulations to protect USDWs.
    Class I wells are typically drilled thousands of feet below the 
lowermost underground source of drinking water. Hazardous waste 
disposal is one of four approved injection fluid sub-categories under 
the Class I program. Industry injects hazardous waste, as defined by 
the RCRA, through Class I wells. These types of Class I wells are 
strictly regulated under RCRA and SDWA. Construction, permitting, 
operating, and monitoring requirements are more stringent for Class I 
hazardous waste disposal wells than for other Class I injection well 
categories. For example, preconstruction requirements for Class I 
hazardous waste disposal wells include additional structural studies to 
demonstrate: Injection and confining formations are free of vertically 
transmissive fissures or faults; low seismicity and probability of 
earthquakes; minimum area of review of two miles; and no-migration 
petition demonstrating that fluids will remain in the injection zone 
for as long as they are hazardous (e.g., modeling conducted to show 
either the waste will remain in the injection zone for 10,000 years or 
it will be rendered non-hazardous before migration) among other 
requirements.\2\
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    \2\ A comparison of requirements between Class I non-hazardous 
waste injection wells and Class I hazardous waste disposal wells can 
be found at: https://www.epa.gov/sites/default/files/2015-10/documents/page_uic-class1_summary_class1_reqs_508c.pdf.
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    After close consideration of all the comments, EPA is providing a 
clarifying response document that addresses the general concerns raised 
by commenters. The comments received and EPA's response are available 
in EPA's Docket No. EPA-HQ-OW-2020-0154.
    A virtual public hearing was held on November 27, 2020, with four 
persons in attendance in addition to EPA staff and an EPA contractor. 
The attendees did not provide comment.

VI. Incorporation by Reference

    In this action, EPA is approving the revisions to the State of New 
Mexico's UIC program to permit Class I hazardous waste injection wells 
for use by petroleum refineries in the State, except those in Indian 
country. New Mexico's statutes and supporting documentation are 
publicly available in EPA's Docket at EPA-HQ-OW-2020-0154. This action 
amends 40 CFR part 147 and incorporates by reference the EPA-approved 
State statutes and regulations considered by this rule.
    The provisions of New Mexico's statutes and regulations that 
contain standards, requirements, and procedures applicable to owners or 
operators of UIC Class I hazardous waste wells used by petroleum 
refineries within the State are incorporated by reference into 40 CFR 
147.1601 as described in the regulatory text. Provisions of the New 
Mexico's statutes and regulations that contain standards, requirements, 
and procedures applicable to owners or operators of Class I, III, IV, 
and V injection were incorporated by reference into 40 CFR 147.1601 
through prior EPA rules, but are being reapproved in this new format, 
described in the following paragraph. Any provisions incorporated by 
reference, as well as all permit conditions issued pursuant to such 
provisions, are enforceable by EPA pursuant to SDWA Section 1423 and 40 
CFR 147.1(e).
    In order to better serve the public, EPA is reformatting the 
codification of EPA-approved New Mexico SDWA Section 1422 UIC program 
statutes and regulations for well Classes I, III, IV, and V. Instead of 
codifying the New Mexico statutes and regulations as separate 
paragraphs, EPA is now incorporating by reference a compilation that 
contains ``EPA Approved New Mexico SDWA Sec.  1422 Underground 
Injection Control Program Statutes and Regulations for Well Classes I, 
III, IV, and V,'' dated March 11, 2021. This compilation is 
incorporated by reference into 40 CFR 147.1601 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 also in hard copy at the EPA Region VI 
office (see the FOR FURTHER INFORMATION CONTACT section of this 
preamble for more information). A complete list of the New Mexico 
statutes and regulations contained in the compilation, titled ``EPA 
Approved New Mexico SDWA Sec.  1422 Underground Injection Control 
Program Statutes and Regulations for Well Classes I, III, IV, and V,'' 
dated March 11, 2021, is also now codified in Table 1 to paragraph (a) 
at 40 CFR 147.1601.

VII. Effective Date

    This final rule is effective immediately upon publication. Section 
553(d) of the Administrative Procedure Act (``APA''), 5 U.S.C. 553(d), 
provides that final rules shall not become effective until 30 days 
after publication in the Federal Register, ``except . . . as otherwise 
provided by the agency for good cause,'' among other exceptions. The 
purpose of this provision is to ``give affected parties a reasonable 
time to adjust their behavior before the final rule takes effect.'' 
Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir. 1996); see also 
United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) 
(quoting legislative history). Thus, in determining whether good cause 
exists to waive the 30-day delay, an agency should ``balance the 
necessity for immediate implementation against principles of 
fundamental fairness, which require that all affected persons be 
afforded a reasonable amount of time to prepare for the effective date 
of its ruling.'' Gavrilovic, 551 F.2d at 1105. EPA has determined that 
there is good cause for making this final rule effective immediately. 
This action approves State permitting, oversight, and enforcement 
requirements for Class I hazardous waste disposal activities for use by 
petroleum refineries and codifies other already-approved changes to the 
New Mexico program. Currently, there are no Class I hazardous waste 
disposal wells in New Mexico. As a result, there are no current 
permittees that need time to prepare for this rule and any prospective 
permittees will benefit from

[[Page 50]]

the regulatory certainty that an immediate effective date will provide. 
This final rule will not require affected persons to take action or 
change behavior to come into compliance within the next 30 days.
    In this action, EPA is also amending 40 CFR part 147 to incorporate 
non-substantial changes to the New Mexico UIC program, previously 
approved by letter under 40 CFR 145.32(b)(4). EPA did not undergo 
notice and comment on these non-substantial revisions because the 
agency had previously approved them by letter and is now simply 
updating the CFR to reflect these previously approved, non-substantial 
revisions. Because these revisions have already been approved, the 
codification of these revisions is ministerial. As a result, EPA finds 
there is ``good cause'' pursuant to 5 U.S.C. 553(b) to publish these 
codifications without prior notice and opportunity for comment. Letters 
from EPA approving the non-substantial revisions to the New Mexico 
Administrative Code and the New Mexico Annotated Statutes are included 
in the docket for reference.
    For these reasons, EPA finds that good cause exists under Section 5 
U.S.C. 553(d)(3) to make this rule effective immediately upon 
publication.

VIII. 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

    This action has been exempted from review under this Executive 
Order by the Office of Management and Budget (OMB).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2040-0042. Reporting or record-keeping requirements will 
be based on the State of New Mexico UIC Regulations, and the State of 
New Mexico is not subject to the PRA.

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 does not impose 
any requirements on small entities as this action approves and codifies 
existing State of New Mexico's UIC program revisions. EPA has therefore 
concluded that this action will have no net regulatory burden for any 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector. EPA's approval of 
the State of New Mexico's program revisions will not constitute a 
federal mandate because there is no requirement that a state establish 
UIC regulatory programs.

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. This action contains no federal mandates for 
tribal governments and does not impose any enforceable duties on tribal 
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the agency 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 program requirements for the 
State of New Mexico's existing UIC 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 rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    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 
approves the State of New Mexico's revisions to its existing UIC 
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 Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 808(2)). EPA has made a good cause finding for this rule as 
discussed in Section VII of the preamble, including the basis for that 
finding.

List of Subjects in 40 CFR Part 147

    Environmental protection, Incorporation by reference, Indian lands, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Water supply.

Michael S. Regan,
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 continues to read as follows:

    Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

0
2. Revise Sec.  147.1601 as follows:

[[Page 51]]

Sec.  147.1601  State-administered program--Class I, III, IV, and V 
wells.

    The UIC Program for Class I, III, IV, and V wells in the State of 
New Mexico, except for those located on Indian country as defined under 
40 CFR 144.3, is the program administered by the New Mexico Water 
Quality Control Commission, the New Mexico Environment Department 
(formerly the New Mexico Environmental Improvement Division), and the 
Oil Conservation Division of the New Mexico Energy, Minerals and 
Natural Resources Department and approved by EPA pursuant to section 
1422 of the Safe Drinking Water Act (SDWA). The effective date of this 
program is August 10, 1983. A subsequent program revision application 
for Class I hazardous waste injection wells, which are only authorized 
for use by petroleum refineries for the waste generated by the refinery 
(``generator''), except in Indian country, was approved by EPA pursuant 
to section 1422 of the SDWA. The effective date of this program is 
January 3, 2022. The State-administered UIC programs for Classes I, 
III, IV, and V consist of the following elements, as submitted to EPA 
in the State's program applications.
    (a) Incorporation by reference. The New Mexico State provisions 
cited in ``EPA-Approved New Mexico SDWA Sec.  1422 Underground 
Injection Control Program Statutes and Regulations for Well Classes I, 
III, IV, and V,'' dated March 11, 2021, and listed in Table 1 to this 
paragraph (a), are incorporated by reference and made a part of the 
applicable UIC program under SDWA for the State of New Mexico. 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 State of New Mexico's provisions that are incorporated by 
reference may be inspected at 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, or the Region VI, Library, 
U. S. Environmental Protection Agency, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270. 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 (214) 665-8326. 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 New Mexico SDWA Sec.   1422 Underground Injection Control
                       Program Statutes and Regulations for Well Classes I, III, IV, and V
----------------------------------------------------------------------------------------------------------------
            State citation                  Title/subject         State effective date      EPA approval date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code, Title  Ground and Surface       December 21, 2018......  January 3, 2022,
 20, Chapter 6, Part 2.                 Water Protection.                                 [insert Federal
                                                                                          Register citation].
New Mexico Administrative Code, Title  Geothermal Resources     February 27, 2018......  January 3, 2022,
 19, Chapter 14, Parts 1-4.             Development.                                      [insert Federal
                                                                                          Register citation].
----------------------------------------------------------------------------------------------------------------

    (b) Other laws. The following statutes and regulations, although 
not incorporated by reference, are also part of the approved State-
administered UIC program:
    (1) Water Quality Act, New Mexico Statutes Annotated Sections 74-6-
1 through 74-6-13 (1978 and Supp. 1982);
    (2) Geothermal Resources Development Act, New Mexico Statutes 
Annotated, Chapter 71, Article 9 (July 1, 2016);
    (3) Surface Mining Act, New Mexico Statutes Annotated Sections 69-
25A-1 through 69-25A-35 (1978 and Supp. 1980).
    (c) Memorandum of Agreement.
    (1) The Memorandum of Agreement between EPA Region VI and the New 
Mexico Water Quality Control Commission, the Environmental Improvement 
Division, and the Oil Conservation Division, signed by the EPA Regional 
Administrator on April 13, 1983;
    (2) Letter from the Director, Environmental Improvement Division 
and the Director, Oil Conservation Division, to Regional Administrator, 
EPA Region IV, ``Re: New Mexico Underground Injection Control Program--
Clarification,'' February 10, 1983.
    (3) Amendment No. 1, Underground Injection Program Substitute 
Memorandum of Agreement Between the State of New Mexico and United 
States Environmental Protection Agency Region VI, signed by the EPA 
Regional Administrator on May 2, 2019.
    (d) Statement of legal authority.
    (1) Attorney General's Statement, signed by the Assistant Attorney 
General for the Environmental Improvement Division, the Assistant 
Attorney General for Oil Conservation Division, and the Deputy Attorney 
General, Civil Division, Counsel for the Mining and Minerals Division, 
undated, submitted December 8, 1982.
    (2) Attorney General's Statement for Program Revision of New Mexico 
UIC Program, signed by Bill Brancard, Special Assistant Attorney 
General, State of New Mexico Energy, Minerals and Natural Resources 
Department, submitted December 12, 2018.
    (e) Program Description and any other materials. The Program 
Description and any other materials submitted as part of the 
application or as supplements thereto.

[FR Doc. 2021-28237 Filed 12-30-21; 8:45 am]
BILLING CODE 6560-50-P