[Federal Register Volume 63, Number 174 (Wednesday, September 9, 1998)]
[Notices]
[Pages 48211-48212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24147]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6158-4]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Revisions to the Underground Injection Control 
Regulations for Class V Injection Wells--Options 1 and 2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the following Information 
Collection Requests (ICRs) have been forwarded to the Office of 
Management and Budget (OMB) for review and approval: Revisions to the 
Underground Injection Control Regulations for Class V Injection Wells--
Options 1 and 2. The ICRs describe the nature of the information 
collection requirements contained in the proposed rule titled Revisions 
to the Underground Injection Control Regulations for Class V Injection 
Wells published in the Federal Register on July 29, 1998 (63 FR 40586) 
and their expected burden and cost; where appropriate, includes the 
actual data collection instrument.

DATES: Comments must be submitted on or before November 9, 1998.

ADDRESSES: Send comments on the ICRs to the Director, OP Regulatory 
Information Division; U.S. Environmental Protection Agency (2137); 401 
M St., S.W.; Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., NW, 
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
Include the ICR numbers (1873.01 and 1874.01) in any correspondence.

FOR FURTHER INFORMATION CONTACT: Robyn Delehanty, Underground Injection 
Control Program, Office of Ground Water and Drinking Water (mailcode 
4606), EPA, 401 M Street, SW, Washington DC, 20460. Phone: 202-260-
1993. E-mail: [email protected].

COPIES OF THE ICRS MAY BE OBTAINED FROM: Sandy Farmer at EPA by phone 
at (202) 260-2740, by E-mail at [email protected], or 
download off the Internet at http://www.epa.gov/icr and refer to EPA 
ICR No. 1873.01 and 1874.01.

SUPPLEMENTARY INFORMATION:
    Title: Revisions to the Underground Injection Control Regulations 
for Class V Injection Wells--Options 1 and 2 ( EPA ICR No. 1873.01 and 
1874.01). This is a new collection.
    Abstract: In the UIC Class V Rule published on July 29, 1998, EPA 
proposed to establish additional federal requirements for UIC Class V 
injection wells in Source Water Protection Areas (SWPAs) that pose a 
high risk to underground sources of drinking water. The proposed rule 
would require owners and operators of Class V industrial waste disposal 
wells in ground water-based SWPAs to either close their wells or meet 
primary drinking water standards at the point of injection. The 
proposal included the co-proposal of two options for Class V motor 
vehicle waste disposal wells: (1) Ban Class V motor vehicle waste 
disposal wells in delineated ground water-based source water protection 
areas; and, (2) Ban Class V motor vehicle waste disposal wells in these 
SWPAs but allow owners and operators to apply for a waiver if they can 
demonstrate that they meet primary drinking water standards at the 
point of injection. The proposal would also prohibit large-capacity 
cesspools in ground water-based source water protection areas. In the 
case of closing Class V wells, the proposed rule does not require 
Primacy States to collect pre-closure notification. EPA believes that 
states may already have or could develop, another or a better mechanism 
that they prefer. However, because some states may require pre-closure 
notifications, the burden to states for information collection have 
been included.
    The proposed regulation was designed with minimal new reporting 
requirements. These requirements fall into two major scenarios 
depending on which option is selected for final rule promulgation: (1) 
Pre-closure notification for all three well types, or (2) pre-closure 
notification for owners/operators of industrial wells and cesspools as 
well as pre-closure notification and/or waiver applications for 
automotive facilities under co-proposal option 2.
    EPA uses information on all classes of injection wells, including 
Class V wells, to track the performance of the UIC Program toward 
meeting its goal of protecting USDWs from potential threats due to 
injected wastes. Responses to the request for information will be 
mandatory in accordance with provisions in 40 CFR 144.83 (Underground 
Injection Control). The Agency uses the information supplied in permit 
applications to track the location and numbers of Class V wells. 
Monitoring data provide information on the types of wastes injected and 
will be used to determine whether or not injection should be allowed to 
continue and under what conditions. Pre-closure notifications allow DI 
Programs to track the success of the Program in closing those wells 
that pose the greatest threat to USDWs. EPA also will use information 
on Class V wells to respond to information requests and to perform 
analyses for EPA management, the General Accounting Office, the Office 
of Management and Budget, Congress, and the public. States implementing 
Source Water Assessment Programs or Wellhead Protection Programs may 
use information on permitted or closed Class V injection wells if they 
choose to

[[Page 48212]]

update their contaminant source inventories.
    Any Class V injection well operator may request that information 
submitted be kept confidential, as provided in 40 CFR 144.5 
(Confidentiality of Information). All confidential information is 
treated in accordance with the provisions of 40 CFR part 2 (Public 
Information). Respondents to the information collection requirements 
may claim confidentiality by stamping the words ``confidential business 
information'' on each page containing such information. However, the 
Agency will not consider the following information confidential:
     The name and address of any facility with a Class V waste 
disposal well.
     Information regarding the existence, absence, or level of 
contaminants in drinking water.
    If no claim of confidentiality is made at the time of submission, 
EPA may make the information available to the public without further 
notice. However, the information is collected for the Agency's internal 
use, and EPA does not plan to routinely release or publish any of the 
data.
    EPA has prepared two separate Information Collection Requests 
(ICRs) to accommodate the flexibility the proposed rule offers to the 
owners and operators of the existing motor vehicle waste disposal wells 
to either close their wells or submit permit applications. The ICRs 
have been submitted to OMB for review.
    The first ICR addresses the proposal that bans motor vehicle waste 
disposal wells and large-capacity cesspools, and allows industrial 
waste disposal wells to operate under specific conditions. The only 
paperwork activity associated with this proposal is the submittal of a 
pre-closure notice by owners or operators of motor vehicle waste 
disposal wells, large-capacity cesspools, and industrial waste disposal 
wells.
    Using the most conservative assumptions, EPA estimates that, over 
the three years covered by the information collection request, the 
number of owners and operators of Class V injection wells responding to 
the information collection request will be 7,746. The average annual 
hours per response is 0.83 at a cost of $11.72. The notification is a 
one time only requirement. There are no operation and maintenance costs 
associated with this option.
    A total of 7,746 Class V injection wells (including all motor 
vehicle waste disposal wells and large-capacity cesspools, and some 
industrial waste disposal wells) may close. The total burden associated 
with submitting pre-closure notifications is estimated to be 22,225 
hours (an average of 7,408 hours per year) and the total annual cost is 
estimated to be $473,543 (an average of $157,848 per year). Reporting 
burdens for this ICR is estimated to average 1.65 hours (an average of 
0.55 hours per year) per response, or $35.17 (an average of $11.72 per 
year) per response.
    The second ICR incorporates the proposal that allows some existing 
motor vehicle waste disposal wells to continue to operate under permits 
and industrial waste disposal wells to continue operating under 
specific conditions and bans all large-capacity cesspools. Paperwork 
activities associated with this proposal include permit applications 
and monitoring reports (from operators of Class V motor vehicle waste 
disposal wells wishing to continue injecting), and pre-closure notices 
(from owners or operators of motor vehicle waste disposal wells, large-
capacity cesspools, and industrial waste disposal wells that are 
closing).
    The second ICR estimates the hourly burden and cost to owners and 
operators of affected Class V wells for complying with the proposed 
requirements. Using the most conservative assumptions, EPA estimates 
that, over the three years covered by the information collection 
request, the number of owners and operators of Class V injection wells 
responding to the information collection request will be 7,746. The 
average annual hours per response for notification of well closure is 
0.83 at a cost of $11.72. The notification is a one time only 
requirement. There are no operation and maintenance costs associated 
with well closure. For owners and operators of motor vehicle waste 
disposal wells who receive a waiver and apply for a permit, the average 
annual hours per permit application is 28 hours at a cost of $553.00. 
The operation and maintenance costs for quarterly injectate monitoring 
and annual sludge monitoring is $3,380 per facility per year.
    Over the three years covered by this information collection, a 
total of 2,638 Class V wells (including motor vehicle waste disposal 
wells, large-capacity cesspools, and industrial waste disposal wells) 
may close. In addition, 5,108 operators of motor vehicle waste disposal 
wells will apply for permits and monitor their injectate and sludge.
    The total burden associated with permitting motor vehicle waste 
disposal wells, banning large-capacity cesspools, and allowing 
industrial waste disposal wells to operate under specific conditions is 
estimated to be 916,678 hours (an average of 305,559 hours per year), 
and the cost will be $71,796,202 (an average of $23,932,067 per year). 
The burden per response is 3.22 hours; the cost per response is 
$252.02.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OP Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M St., SW; Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., NW, Washington, DC 20503, marked ``Attention: 
Desk Officer for EPA.'' Include the ICR numbers (1873.01 and 1874.01) 
in any correspondence. Since OMB is required to make a decision 
concerning the ICR between 30 and 60 days after September 9, 1998, a 
comment to OMB is best assured of having its full effect if OMB 
receives it by October 9, 1998. The final rule will respond to any OMB 
or public comments on the information collection requirements contained 
in this proposal.

    Dated: August 31, 1998.
Elizabeth Fellows,
Acting Director, Office of Ground Water and Drinking Water.
[FR Doc. 98-24147 Filed 9-8-98; 8:45 am]
BILLING CODE 6560-50-P '