[Federal Register Volume 63, Number 191 (Friday, October 2, 1998)]
[Notices]
[Pages 53047-53048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26461]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6171-5]


Florida Department of Environmental Protection; Underground 
Injection Control (UIC); Application for Revision of State UIC Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period and of public hearing on 
application for revision of Florida UIC program.

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SUMMARY: The purpose of this document is to announce that: (1) The 
Environmental Protection Agency (EPA) has received an application from 
the Florida Department of Environmental Protection (FDEP) requesting 
approval of revisions to FDEP's Underground Injection Control (UIC) 
Program for Class I, III, IV and V injection wells; (2) EPA has 
determined the application contains all the required elements; (3) the 
application is available for inspection and copying at the addresses 
appearing below, (4) public comments are requested; and (5) a public 
hearing will be held on request.
    Section 1422 (b)(4) of the Safe Drinking Water Act (SDWA) requires 
that prior to approving, disapproving, or approving in part a State's 
UIC program, the Administrator provide opportunity for a public 
hearing. This notification advises the public of the proposed date, 
time and location of the possible public hearing.
    The proposed public comment period and public hearing will provide 
EPA the information and public opinion necessary to approve, 
disapprove, or approve in part the application from FDEP to regulate 
Class I, III, IV and V injection wells under provisions of section 1422 
of the SDWA.

DATES: A public hearing is scheduled for November 4, 1998, unless 
insufficient public interest is expressed in holding a hearing. EPA 
reserves the right to cancel the public hearing if sufficient public 
interest is not communicated to EPA in writing by October 27, 1998. EPA 
will determine by October 28, 1998, whether there is significant 
interest to hold the public hearing. Written comments on Florida's 
application for revisions to its UIC program must be received by 
November 11, 1998, and should include indication of any interest in a 
public hearing (or lack thereof) if submitted prior to October 27, 
1998.

ADDRESSES: Copies of the application and pertinent materials are 
available between 8:30 a.m. and 4:00 p.m. Monday through Friday at the 
following locations for inspection and copying: Environmental 
Protection Agency, Region 4, Ground Water & UIC Section, 61 Forsyth 
Street, S.W., Atlanta, Georgia 30303, PH: (404) 562-9424; and Florida 
Department of Environmental Protection, Twin Towers Office Building, 
2600 Blair Stone Road, Tallahassee, Florida 32399-2400, PH: (850) 487-
0505. Comments and requests for hearing should be mailed to Nancy H. 
Marsh, Ground Water & UIC Section, Environmental Protection Agency, 
Region 4, 61 Forsyth Street, S.W., Atlanta, Georgia 30303. Unless 
insufficient public interest is expressed, EPA will hold a public 
hearing on the State of Florida's application for

[[Page 53048]]

program revision on November 4, 1998, at 7:00 p.m. at the Florida 
Department of Environmental Protection, Room 609, Twin Towers Office 
Building, 2600 Blair Stone Rd., Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Nancy H. Marsh, Ground Water & UIC 
Section, Environmental Protection Agency, Region 4, 61 Forsyth Street, 
S.W., Atlanta, GA 30303, (404) 562-9450.

SUPPLEMENTARY INFORMATION: The UIC program was implemented under the 
federal Safe Drinking Water Act to prevent endangerment of all 
Underground Sources of Drinking Water (USDWs), which are aquifers 
capable of yielding a significant amount of drinking water containing 
less than 10,000 mg/liter of total dissolved solids. The State of 
Florida currently has primary responsibility for preventing 
endangerment of USDWs under the UIC program. If the application for 
program revision by FDEP is approved, regulatory changes made by FDEP 
at the state level would be approved as the federal UIC program.
    The program proposed by the State regulates Class I, III, IV and V 
injection activities by establishing state permits including, for a 
variety of underground injection wells, technical requirements for the 
protection of USDWs. Such requirements include criteria for 
construction, testing, operation, monitoring, and abandonment of 
injection wells. At present, there are approximately 130 Class I and 
8,160 Class V injection wells in Florida. FDEP has held primary 
enforcement authority for the UIC program since the program was 
originally approved by EPA on March 9, 1983. The application for 
program revision from the FDEP requests that EPA approve the program 
revision for primary administrative and enforcement authority for the 
regulation of Class I, III, IV and V injection wells on all lands 
subject to the State's police power and taxing authority and all lands 
owned or under the jurisdiction of the United States, except those 
wells located on Indian lands as defined in 40 CFR 144.3. The 
application includes a program description, copies of all applicable 
rules and forms, a statement of legal authority and appropriate 
memoranda of agreement.
    FDEP has proposed to revise its UIC program due to statutory, 
regulatory and implementation revisions made since the program was 
initially delegated. The name of the agency has also changed from the 
Department of Environmental Regulation to the Department of 
Environmental Protection. Statutory changes include the removal of the 
Governor's authority to allow the injection of hazardous waste into a 
Class IV well. All hazardous waste injection has been banned with the 
exception of the existing Class I hazardous well owned and operated by 
Kaiser Chemical Company located near Mulberry in Polk County. Florida 
modified the UIC regulations August 10, 1995, and June 24, 1997, to 
make its rules consistent with the federal program. The major rule 
changes include: Confidentiality and Availability of Information; 
Signatories; Management of Hazardous Waste; Compliance Schedules; 
Corrective Action; Permit Termination; Public Participation; Permit 
Modification; Permit Monitoring; Permit Reporting; and Mechanical 
Integrity Testing. FDEP also requires that Class V injection wells must 
meet federal primary drinking water standards at the point of 
discharge. Two aquifer exemptions have been granted since the program 
was originally approved. The two exemptions are: portion of the lower 
Floridan aquifer at the Sterling Fibers (formerly Cytec Industries and 
American Cyanamid) facility in Santa Rosa County and a portion of the 
upper Floridan aquifer at the Taylor Creek aquifer storage and recovery 
demonstration project in Okeechobee County.
Michael O. Peyton,
Acting Regional Administrator, Region 4.
[FR Doc. 98-26461 Filed 10-1-98; 8:45 am]
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