[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Proposed Rules]
[Pages 20621-20624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07223]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2020-0123; FRL-10007-48-OW]


Wyoming Underground Injection Control Program; Class VI Primacy

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) has received a 
complete Underground Injection Control (UIC) program revision package 
from the State of Wyoming requesting approval of a revision to the 
State's Safe Drinking Water Act (SDWA) section 1422 UIC program to 
include Class VI injection well primary implementation and enforcement 
authority (primacy). The EPA proposes to approve the application from 
Wyoming under the SDWA to implement a UIC program for Class VI 
injection wells located within the State, except those on Indian 
country. This revision would allow the Wyoming Department of 
Environmental Quality to issue UIC permits for geologic carbon 
sequestration facilities as Class VI wells and ensure compliance of 
Class VI wells with applicable requirements under the UIC program. The 
EPA is requesting public comments and announcing that any member of the 
public may request a public hearing.

DATES: The application is available for inspection and copying at the 
address appearing in the ADDRESSES section of this document. Comments 
must be received on or before May 29, 2020. Requests for a public 
hearing will be accepted until April 29, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2020-0123, to the Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. EPA-HQ-OW-2020-0123 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 in the SUPPLEMENTARY INFORMATION 
section of this document.

Public Hearing

    Only if requested, a public hearing will be held on May 14, 2020 
from 9 a.m. to 5 p.m. at 200 West 17th Street, Room 210, Cheyenne, 
Wyoming 82002. The hearing details will be provided in a Federal 
Register publication if requested.

FOR FURTHER INFORMATION CONTACT: Molly McEvoy, 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) 564-4765; fax number: 
(202) 564-3754; email address: [email protected] or Wendy Cheung, 
Underground Injection Control Unit, U.S. Environmental Protection 
Agency, Region 8, 1595 Wynkoop Street, MSC 8WD-SDU, Denver, Colorado 
80202; telephone number: (303) 312-6242; fax number: (303) 312-7206; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2020-
0123, at https://www.regulations.gov/ (our preferred method). Once 
submitted, comments cannot be edited or removed from the docket. The 
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. If you need to submit CBI, contact Wendy Cheung, 
contact information available in the FOR FURTHER INFORMATION CONTACT 
section. 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. The 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.

B. Participation in Public Hearing

    Only if requested, a public hearing will be held on May 14, 2020 
from 9:00 a.m. to 5:00 p.m. at 200 West 17th Street, Room 210, 
Cheyenne, Wyoming 82001. Requests for a hearing may be sent to Wendy 
Cheung, EPA Region 8, 1595 Wynkoop Street, MSC 8WD-SDU, Denver, 
Colorado 80202. For additional information regarding the public 
hearing, please contact Wendy Cheung at (303) 312-6242 or 
[email protected].
    The EPA will begin pre-registering speakers for the hearing upon 
publication of this document in the Federal Register. To register to 
speak at the hearing, please contact Wendy Cheung, EPA Region 8, 1595 
Wynkoop Street, MSC 8WD-SDU, Denver, Colorado 80202. For additional 
information regarding the public hearing, please contact Wendy Cheung 
(303) 312-6242 or [email protected].
    The last day to pre-register to speak at the hearing will be May 8, 
2020. On

[[Page 20622]]

May 13, 2020 the EPA will post a general agenda for the hearing that 
will list pre-registered speakers in approximate order at: https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy#public-notices.
    If the EPA convenes a hearing, the Agency with make every effort to 
follow the schedule as closely as possible on the day of the hearing; 
however, please plan for the hearing to run either ahead of schedule or 
behind schedule. Additionally, requests to speak will be taken the day 
of the hearing at the hearing registration desk. The EPA will make 
every effort to accommodate all speakers who arrive and register, 
although preferences on speaking times may not be able to be fulfilled.
    Each commenter will have five minutes to provide oral testimony. 
The EPA encourages commenters to provide the EPA with a copy of their 
oral testimony electronically (via email) or in hard copy form.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral comments and 
supporting information presented at the public hearing. Commenters 
should notify Wendy Cheung at (303) 312-6242 or [email protected] if 
they will need specific equipment or if there are other special needs 
related to providing comments at the hearings.
    Confirmation of the public hearing will be announced on May 14, 
2020. Any updates made to any aspect of the hearing including 
registration information and the hearing procedure, should a hearing be 
requested, will be posted online at https://www.epa.gov/uic/underground-injection-control-epa-region-8-co-mt-nd-sd-ut-and-wy#public-notices. Please monitor our website to determine if there are 
any updates. The EPA does not intend to publish a document in the 
Federal Register announcing updates.
    The EPA will not provide audiovisual equipment for presentations 
unless we receive special requests in advance. Commenters should notify 
Wendy Cheung at (303) 312-6242 or [email protected] when they pre-
register to speak if they will need specific equipment. If you require 
the service of a translator or special accommodations such as audio 
description, please pre-register for the hearing and describe your 
needs by May 7, 2020. We may not be able to arrange accommodations 
without advanced notice.

C. Public Participation Activities Conducted by Wyoming

    In 2019, Wyoming held two public hearings with public comment 
periods on the State's intent to adopt its Class VI UIC regulations. 
The Wyoming Water and Waste Advisory Board (WWAB) held the first public 
hearing on June 25, 2019, in Casper, Wyoming. The State accepted public 
comments beginning on May 17, 2019, through the adjournment of the 
public hearing. The Wyoming Environmental Quality Council held the 
second public hearing on November 19, 2019, in Cheyenne, Wyoming. The 
State accepted comments on proposed revisions from September 13, 2019 
through October 30, 2019. The Wyoming Class VI regulations were signed 
by the Governor on January 23, 2020. Documentation of all public 
participation activities, including those associated with Class VI UIC 
regulations and subsequent revisions that the State proposed before 
2019, can be found in EPA's Docket ID No. EPA-HQ-OW-2020-0123.

II. Introduction

    Wyoming received primacy for Class I, III, IV, and V injection 
wells under SDWA section 1422 on August 17, 1983, and Class II 
injection wells under SDWA section 1425 on December 23, 1982. Wyoming 
has applied to the EPA under section 1422 of the SDWA, 42 U.S.C. 300h-
1, for primacy for Class VI injection wells, except those located on 
Indian lands. The UIC program revision package from Wyoming includes a 
description of the State Underground Injection Control program, copies 
of all applicable rules and forms, a statement of legal authority, a 
summary and results of Wyoming's public participation activities, and a 
Memorandum of Agreement between Wyoming and the EPA Region 8 office.
    This proposed action is based on a legal and technical review of 
Wyoming's application as directed in the Code of Federal Regulations 
(CFR) at 40 CFR part 145. As a result of this review, the EPA is 
proposing to approve Wyoming's application for primacy, based on its 
finding that the program meets all applicable requirements for approval 
under SDWA section 1422 and the State is capable of administering a 
Class VI UIC program in a manner consistent with the terms and purposes 
of the SDWA and all applicable regulations.

III. Legal Authorities

    This proposed action would be taken under the authority of sections 
1422 and 1450 of the SDWA, 42 U.S.C. 300h-1 and 300j-9.
    Section 1421 of the SDWA requires the Administrator of the EPA to 
promulgate minimum requirements for effective State UIC programs to 
prevent underground injection activities that endanger underground 
sources of drinking water (USDWs). Section 1422 of the SDWA establishes 
requirements for states seeking EPA approval of State UIC programs.
    For states that seek approval for UIC programs under section 1422 
of the SDWA, the EPA has promulgated a regulation setting forth the 
applicable procedures and substantive requirements, codified in 40 CFR 
part 145. It includes requirements for state permitting programs (by 
reference to certain provisions of 40 CFR parts 124 and 144), 
compliance evaluation programs, enforcement authority, and information 
sharing.

IV. Wyoming's Application

    On January 31, 2020, Wyoming submitted a program revision 
application to add Class VI injection wells to the State's SDWA section 
1422 UIC program. The UIC program revision package from Wyoming 
includes a description of the State UIC program, copies of all 
applicable rules and forms, a statement of legal authority, a summary 
and results of Wyoming's public participation activities, and a 
Memorandum of Agreement between Wyoming and the EPA's Region 8 office. 
The EPA reviewed the application for completeness and simultaneously 
performed a technical evaluation of the application materials.

V. EPA's Proposed Action--Incorporation by Reference

    In this action, the EPA is proposing to approve primacy for the 
State of Wyoming's Class VI UIC program over Class VI injection wells 
in the State, except for those located on Indian lands. Support of this 
action is part of the public record in EPA's Docket No. EPA-HQ-OW-2020-
0123. When finalized, this action will amend 40 CFR 147.2550 and 
incorporate by reference the EPA-approved state program. The EPA will 
continue to administer its UIC program for Class I, II, III, IV, V, and 
VI injection wells on Indian lands.
    The provisions of Wyoming's Code that contain standards, 
requirements, and procedures applicable to owners or operators of Class 
VI UIC wells, as described in the regulatory text, will be incorporated 
by reference into 40 CFR 147.2550. Provisions of Wyoming's Code that 
contain standards, requirements, and procedures applicable to owners or 
operators of Class I, III, IV, and V injection wells

[[Page 20623]]

have already been incorporated by reference into 40 CFR 147.2550 but 
are being reapproved for this new format. Any provisions incorporated 
by reference, as well as all permit conditions or permit denials issued 
pursuant to such provisions, will be enforceable by the EPA pursuant to 
section 1423 of the SDWA and 40 CFR 147.1(e).
    In order to better serve the public, the EPA is reformatting the 
codification of the EPA-approved Wyoming SDWA section 1422 UIC Program 
Statutes and Regulations for Well Classes I, III, IV, V, and VI. 
Instead of codifying Wyoming Statutes and Regulations as separate 
paragraphs, the EPA is now codifying a notebook that contains the EPA-
approved Wyoming Statutes and Regulations for Well Classes I, III, IV, 
V, and VI. This notebook will be incorporated by reference into 40 CFR 
147.2550 and the documents will be available at https://www.regulations.gov in the docket for this rule. The EPA will also 
codify a table listing the EPA-approved Wyoming Statutes and 
Regulations for Well Classes I, III, IV, V, and VI in 40 CFR 147.2550.
    The EPA will continue to oversee Wyoming's administration of the 
SDWA Class VI program. Part of the EPA's oversight responsibility will 
require quarterly reports of non-compliance and annual UIC performance 
reports pursuant to 40 CFR144.8. The Memorandum of Agreement between 
the EPA and Wyoming, signed by the Regional Administrator on March 20, 
2020, makes available to the EPA any information obtained or used by 
Wyoming's Class VI UIC program without restriction.

VI. Statutory and Executive Order Reviews

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

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it is a proposed approval of a state UIC program.

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

    This proposed action is not an Executive Order 13771 regulatory 
action because this action is exempt under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This proposed 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 recordkeeping 
requirements will be based on Wyoming's UIC Regulations, and the State 
of Wyoming is not subject to the PRA.

D. Regulatory Flexibility Act (RFA)

    I certify that this proposed 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 proposed action does 
not impose any requirements on small entities as this proposed action 
would approve a state program.

E. Unfunded Mandates Reform Act (UMRA)

    This proposed 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 proposed action imposes no 
enforceable duty on any state, local or tribal governments or the 
private sector. EPA's proposed approval of Wyoming's program 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.

F. Executive Order 13132: Federalism

    This proposed 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.

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

    This proposed action does not have tribal implications as specified 
in Executive Order 13175. This proposed 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 proposed 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 proposed action is not 
subject to Executive Order 13045 because it approves a state program.

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

    This proposed 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 proposed action 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 proposed 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 proposed 
action is simply proposing to provide that Wyoming has primacy under 
the SDWA for the Class VI UIC program, pursuant to which Wyoming will 
be implementing and enforcing a state regulatory program that is as 
stringent as the existing federal program.

List of Subjects in 40 CFR Part 147

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

Andrew Wheeler,
Administrator.

    For the reasons set out in the preamble, the Environmental 
Protection Agency proposes to amend 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.


[[Page 20624]]


0
 2. Amend Sec.  147.2550 by:
0
a. Revising the section heading;
0
b. Revising the introductory text and paragraph (a); and
0
c. Adding paragraph (c) subject heading, and paragraphs (c)(6) and (7), 
and (d)(3) and (4).
    The revisions and additions read as follows:


Sec.  147.2550  State-administered program--Class I, III, IV, V and VI 
wells.

    The UIC program for Class I, III, IV, and V wells in the State of 
Wyoming, except those located on Indian lands, is the program 
administered by Wyoming Department of Environmental Quality, approved 
by the EPA pursuant to the Safe Drinking Water Act (SDWA) section 1422. 
The effective date of this program is August 17, 1983. The UIC Program 
for Class VI wells in Wyoming, except those located on Indian lands, is 
the program administered by Wyoming Department of Environmental 
Quality, approved by the EPA pursuant to SDWA section 1422. Notice of 
this approval was published in the Federal Register on [DATE OF FINAL 
RULE]; the effective date of this program is [DATE OF FINAL RULE]. This 
program consists of the following elements, as submitted to the EPA in 
the State's program revision application.
    (a) Incorporation by reference. The requirements set forth in the 
state statutes and regulations cited in the notebook entitled ``EPA-
Approved Wyoming SDWA Sec.  1422 Underground Injection Control Program 
Statutes and Regulations for Well Classes I, III, IV, V and VI'', dated 
March 31, 2020 (contained in Table 1 to paragraph (a) of this section), 
are hereby incorporated by reference and made a part of the applicable 
UIC program under the SDWA for Wyoming. 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 Wyoming's 
regulations that are incorporated by reference may be inspected at the 
U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
MSC 8WD-SDU, Denver, Colorado 80202; Water Docket, EPA Docket Center 
(EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 
20460. If you wish to obtain materials from the EPA Regional Office, 
please call (303) 312-7226; for materials from a docket in the EPA 
Headquarters Library, please call the Water Docket at (202) 566-
2426.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 Wyoming SDWA Sec.   1422 Underground Injection Control Program Statutes
                              and Regulations for Well Classes I, III, IV, V and VI
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                                                                           State
             State citation                      Title/subject        effective date     EPA approval date \1\
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Wyoming Statutes sections 35-11-101       Wyoming Environmental                 1989  March 6, 1991, 56 FR 9421.
 through 35-11-115, and 35-11-301          Quality Act.
 through 35-11-305.
Water Quality Rules and Regulations,      Regulations for Permit to             1983  May 11, 1984, 49 FR 20197.
 Wyoming Department of Environmental       Construct, Install or
 Quality Chapter III: Regulations for      Modify Public Water
 Permit to Construct, Install or Modify    Supplies, Wastewater
 Public Facilities Capable or, (sic)       Facilities, Disposal
 Causing or Contributing to Pollution.     Systems, Biosolids
                                           Management Facilities,
                                           Treated Wastewater Reuse
                                           Systems and Other
                                           Facilities Capable of
                                           Causing or Contributing
                                           to Pollution.
Water Quality Rules and Regulations,      Quality Standards for                 1980  May 11, 1984, 49 FR 20197.
 Wyoming Department of Environmental       Groundwaters of Wyoming.
 Quality, Chapter VIII: Quality
 Standards for Groundwaters of Wyoming.
Water Quality Rules and Regulations,      Wyoming Groundwater                   1980  May 11, 1984, 49 FR 20197.
 Wyoming Department of Environmental       Pollution Control Permit.
 Quality, Chapter IX: Wyoming
 Groundwater Pollution Control Permit.
Water Quality Rules and Regulations,      Prohibitions of Permits               1989  March 6, 1991, 56 FR 9421.
 Wyoming Department of Environmental       for New Hazardous Waste
 Quality, Chapter XIII: Prohibitions of    Injection Wells.
 Permits for New Hazardous Waste
 Injection Wells.
Land Quality Rules and Regulations,       In Situ Mining............            1981  May 11, 1984, 49 FR 20197.
 Wyoming Department of Environmental
 Quality, Chapter XXI: In Situ Mining.
Water Quality Rules and Regulations,      Class VI Injection Wells              2020  [DATE and CITATION of
 Wyoming Department of Environmental       and Facilities                              FINAL RULE].
 Quality, Chapter XXIV: Class VI           Underground and Injection
 Injection Wells and Facilities            Control Program.
 Underground and Injection Control
 Program.
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register publication cited in this column for the particular provision.

* * * * *
    (c) Statements of agreement.
* * * * *
    (6) Memorandum of Agreement addendum between EPA, Region VIII and 
Wyoming Department of Environmental Quality, signed by the EPA Regional 
Administrator on March 20, 2020.
    (7) Letter from Governor of Wyoming to Regional Administrator, EPA 
Region VIII, ``Re: UIC Program Class VI Application,'' January 23, 
2020.
    (d) * * *
    (3) ``Attorney General's Statement--``Attorney General's Statement 
to Accompany Wyoming's Underground Injection Control Program Class VI 
Primacy Application,'' signed by Attorney General and Assistant 
Attorney General for the State of Wyoming, January 9, 2020.
    (4) Letter form Attorney General for the State of Wyoming to 
Regional Counsel, EPA Region VIII, ``Re: Wyoming Underground Injection 
Control Program Class VI Regulations,'' October 25, 2019.
* * * * *
[FR Doc. 2020-07223 Filed 4-13-20; 8:45 am]
 BILLING CODE 6560-50-P