[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55968-55970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24637]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2017-0584; FRL-9970-73-OW]


State of Idaho Voluntary Transfer of Primacy of the Class II 
Underground Injection Control Program to the Environmental Protection 
Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of the transfer of the state of Idaho's Underground Injection Control 
(UIC) program for Class II injection wells from Idaho to EPA, and is 
concurrently issuing a proposed rule to amend EPA's UIC regulations to 
reflect such transfer. This transfer would be effective upon 
publication in the Federal Register of a final rule revising such 
regulations. Idaho submitted a formal request that EPA transfer and 
directly implement the Class II UIC Program. Idaho would maintain 
primacy for Class I, III, IV, and V injection wells pursuant to their 
EPA-approved program in 1985.

DATES: Comments must be received on or before January 11, 2018. A 
public hearing will be held only if there is significant public 
interest. Request for a public hearing will be accepted until December 
12, 2017. Only if requested, a public hearing will be held on January 
8, 2018, from 2 p.m. to 5 p.m., at the Banner Bank Building, 950 W. 
Bannock Street, Boise, Idaho. Requests for a public hearing may be 
mailed to: Evan Osborne, U.S. Environmental Protection Agency, Region 
10, 1200 6th Ave., OCE-101, Seattle, Washington 98101. For additional 
information regarding the public hearing, please contact Evan Osborne 
(206) 553-1747 or [email protected].

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2017-0584, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. 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. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include

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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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Colin Dyroff, 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) 564-3149; fax number: 
(202) 564-3754; email address: [email protected]; or Evan Osborne, 
U.S. Environmental Protection Agency, Region 10, 1200 6th Ave., OCE-
101, Seattle, Washington 98101; telephone number: (206) 553-1747; fax 
number: (206) 553-1762; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is EPA taking this action?

    On August 25, 2017, EPA received a letter from the Idaho Department 
of Water Resources (IDWR), formally requesting that EPA transfer and 
directly implement the Class II UIC program in Idaho, pursuant to 40 
CFR 145.34(a). Class II injection wells inject fluids (1) that are 
brought to the surface in connection with natural gas storage, or oil 
or natural gas production; or (2) for the purpose of enhanced oil or 
natural gas recovery; or (3) for the storage of hydrocarbons, which are 
liquid at standard temperature and pressure. Idaho received primary 
implementation and enforcement authority (primacy) for Class I, II, 
III, IV, and V injection wells under the Safe Drinking Water Act, 
section 1422, on July 22, 1985. Idaho has since maintained primacy for 
these injection well classes in Idaho, including Class II.
    Class II injection wells were banned in Idaho under the state's 
regulations in 1985, when EPA originally approved Idaho primacy, and as 
a result, this ban was codified in EPA's regulations. However, in 2013, 
the state passed legislation which allows these wells. Although the 
state's regulations now allow Class II wells, Idaho has not issued any 
Class II permits because EPA has not approved the change to Idaho's 
approved Class II UIC program and the wells remain banned under federal 
law; therefore, the state is not authorized to issue Class II permits. 
The voluntary transfer of authority for the UIC Class II program to EPA 
would allow EPA to issue Class II permits in Idaho. EPA would be 
responsible for the direct implementation of the Class II underground 
injection program in Idaho, including permitting, compliance, and 
enforcement responsibilities, pursuant to the SDWA and federal UIC 
regulations.
    This Federal Register document constitutes public notice of the 
transfer of Idaho's Class II program to EPA, as required by 40 CFR 
145.34(a)(3). In this Federal Register document, EPA also proposes to 
make conforming changes to its regulations to reflect such transfer. 40 
CFR part 147 sets forth the applicable UIC programs for each of the 
states. This rule would update 40 CFR part 147, subpart N, which 
currently lists Idaho as having primacy over Class II, to indicate that 
EPA will directly implement the Class II UIC program in Idaho. This 
transfer of authority will be effective upon publication of the final 
rule, revising such regulations, in the Federal Register. Because the 
transfer and rulemaking will allow wells to be permitted that were 
previously banned, EPA finds that there is ``good cause'' to make this 
rule, when final, effective upon publication in the Federal Register. 5 
U.S.C. 553(d)(1) and (3).

II. Legal Authorities

    A state with an approved primacy program may voluntarily transfer 
UIC program responsibilities to EPA, pursuant to 40 CFR 145.34(a). The 
regulations require that EPA provide notice of such transfer in the 
Federal Register at least 30 days before the transfer is to occur. 40 
CFR 145.34(a)(3). The regulations do not provide for opportunity to 
comment on whether to transfer, and accordingly, EPA is not taking 
comment on such transfer.
    EPA's regulations at 40 CFR part 147 set forth the applicable UIC 
programs for each of the states. This rule would make ministerial 
revisions to these regulations to reflect the transfer noticed herein. 
Specifically, the rule would revise 40 CFR part 147, subpart N, to 
indicate that the Class II UIC program for Idaho is to be directly 
implemented by EPA, and consists of the UIC program requirements of 40 
CFR parts 124, 144, 146, and 148. EPA is taking comment only on these 
revisions.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2040-0042.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This rule does not impose any 
requirements on small entities; this action withdraws a state program 
and therein transfers direct implementation of the Class II UIC program 
to EPA. We have therefore concluded that this action will have no net 
regulatory burden for any directly regulated small entities.

E. 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. This rule does not impose any mandates on small 
entities; this action withdraws a state program and therein transfers 
direct implementation of the Class II UIC program to EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the

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relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government. This action contains no federal mandates for state and 
local governments and does not impose any enforceable duties on state 
and local governments. This action merely withdraws a state program (at 
the voluntary request from Idaho) and therein transfers implementation 
of the Class II UIC program to EPA.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

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

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it transfers a state program.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA has determined that this action is not subject to Executive 
Order 12898 (59 FR 7629, February 16, 1994) because it does not 
establish an environmental health or safety standard. This rule does 
not impose any health or safety standards; this action transfers a 
state program and therein transfers direct implementation of the Class 
II UIC program to EPA.

List of Subjects in 40 CFR Part 147

    Environmental protection, Indian--lands, Intergovernmental 
relations, Reporting and recordkeeping requirements, Water supply.

    Dated: November 6, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons set out in the preamble, Title 40 chapter 1 of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION 
CONTROL PROGRAMS

0
1. The authority citation for part 147 is revised to read as follows:

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

Subpart N--Idaho

0
2. Amend Sec.  147.650 by revising the section heading and the 
introductory paragraph to read as follows:


Sec.  147.650   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 
Idaho, other than those on Indian lands, is the program administered by 
the Idaho Department of Water Resources, approved by EPA pursuant to 
section 1422 of the Safe Drinking Water Act. Notice of this approval 
was published in the Federal Register on June 7, 1985; the effective 
date of this program is July 22, 1985. This program consists of the 
following elements, as submitted to EPA in Idaho's program application. 
Note: because EPA subsequently transferred the Class II UIC program 
from the Idaho Department of Water Resources to EPA, references to 
Class II in the following elements are no longer relevant or applicable 
for federal UIC purposes.
* * * * *
0
3. Amend Sec.  147.651 by revising the section heading and paragraphs 
(a) and (b) to read as follows:


Sec.  147.651   EPA-administered program--Class II wells and all wells 
on Indian lands.

    (a) Contents. EPA administers the UIC program for all classes of 
wells on Indian lands and for Class II wells on non-Indian lands in the 
state of Idaho. This program consists of the UIC program requirements 
of 40 CFR parts 124, 144, 146, 148, and any additional requirements set 
forth in the remainder of this subpart. Injection well owners and 
operators, and EPA shall comply with these requirements.
    (b) Effective dates. The effective date of the UIC program for 
Indian lands in Idaho is June 11, 1984. The effective date of the UIC 
program for Class II wells on non-Indian lands in Idaho is [date of 
publication of final rule in the Federal Register].

[FR Doc. 2017-24637 Filed 11-24-17; 8:45 am]
 BILLING CODE 6560-50-P