[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Proposed Rules]
[Pages 21264-21269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08513]
[[Page 21264]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2025-0087; FRL 11786-01-OW]
Arizona Underground Injection Control (UIC) Program; Class I-VI
Primacy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) has
received a complete Underground Injection Control (UIC) primacy
application from the State of Arizona requesting primary enforcement
responsibility (primacy) for Class I-VI injection wells under the Safe
Drinking Water Act (SDWA) section 1422. The EPA's approval of the
State's UIC program primacy application would allow the Arizona
Department of Environmental Quality (ADEQ) to authorize underground
injection for all underground injection wells regulated under the
Federal SDWA and ensure compliance with UIC program requirements. The
EPA proposes to issue a final rule approving Arizona's application to
implement the UIC program for Class I-VI injection wells located within
the State, except those on Indian lands. The EPA proposes amendments to
reflect this proposed approval of Arizona's UIC program primacy
application.
DATES: Comments must be received on or before July 3, 2025. Public
hearing: The EPA will hold one virtual public hearing during the
comment period. Please refer to the SUPPLEMENTARY INFORMATION section
for additional information on the public hearing.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2025-0087 by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Suzanne Kelly, Drinking Water
Infrastructure Development Division, Office of Ground Water and
Drinking Water (4606M), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-3887; or Kate Rao, Water Division, Groundwater Protection Section
(WTR-4-2), Environmental Protection Agency, Region 9, 75 Hawthorne
Street, San Francisco, CA 94105; telephone number: (415) 972-3533. Both
can be reached by emailing [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
A. Written Comments
B. Participation in Virtual Public Hearing
C. Public Participation Activities Conducted by Arizona
1. UIC Program Development Stakeholder Engagement
2. State Rulemaking
3. Proposal To Request UIC Program Primacy
II. Introduction
A. UIC Program and Primary Enforcement Authority (Primacy)
B. Class I-VI Wells Under the UIC Program
III. Legal Authorities
IV. The EPA's Evaluation of Arizona's Primacy Application
A. Background
B. Summary of the EPA's Comprehensive Evaluation
V. The EPA's Proposed Action
A. Incorporation By Reference
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
VII. References
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2025-
0087, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. 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 to the
EPA's docket at https://www.regulations.gov any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. If you need to submit CBI, contact Kate Rao with
the 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). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
B. Participation in Virtual Public Hearing
The EPA will hold one virtual public hearing during the public
comment period. To register to speak at the virtual hearing, please use
the online registration form available at https://www.epa.gov/uic/az-primacy or contact us by email at [email protected]. One week prior to
the public hearing, 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/az-primacy. Please refer to https://www.epa.gov/uic/az-primacy for additional updates, including the date and time, related
to this public hearing.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule. Each
commenter will have three minutes to provide oral testimony. The EPA
encourages commenters to
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provide the EPA with a copy of their oral testimony electronically by
emailing it to [email protected]. The EPA also recommends submitting
the text of your oral comments as written comments to the rulemaking
docket. The EPA will make every effort to accommodate all speakers who
register, although preferences on speaking times may not be able to be
fulfilled.
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.
Updates on the virtual hearing logistics will be posted online at
https://www.epa.gov/uic/az-primacy. Please contact Kate Rao at (415)
972-3533 or email [email protected] with any questions about the
virtual hearing. The EPA does not intend to publish a document in the
Federal Register announcing updates related to the public hearing. If
you require the services of an interpreter or special accommodations
such as audio description, please pre-register for the hearing at
https://www.epa.gov/uic/az-primacy and describe your needs at least one
week prior to the public hearing date. The EPA may not be able to
arrange accommodations without advance notice.
C. Public Participation Activities Conducted by Arizona
1. UIC Program Development Stakeholder Engagement
In order to have State regulatory authority in place prior to
seeking EPA approval of its UIC program, ADEQ conducted stakeholder
outreach and engagement to inform the general public, the regulated
community, and Tribes of ADEQ's rule development process and to explain
and present drafts of the State rules. ADEQ held nine general
stakeholder and three Tribal consultation events from December 2017 to
October 2019. ADEQ received and considered hundreds of comments from
the regulated community and other stakeholders.
2. State Rulemaking
On October 1, 2021, ADEQ filed a notice of imminent SDWA-UIC
rulemaking with the Arizona Secretary of State intending to adopt the
UIC program. On January 7, 2022, ADEQ filed three notices of proposed
rulemaking for licensing time frames and UIC program rules and fees,
which were followed by a comment period of more than 30 days. ADEQ held
a public hearing on February 14, 2022, the final day of the written
comment period. No audio recording or transcript was taken; however,
the State captured all the oral hearing comments along with the written
comments in the responsiveness summary. ADEQ received a total of 77
discrete written and oral comments on the proposed rules. Commenters
shared concerns on licensing time frames, fees, drywells, underground
storage or recharge facilities, UIC septic regulation, program scope or
jurisdiction, and Tribal consultation, among other topics. ADEQ
considered all the comments and adjusted the proposed rules as
summarized in the responsiveness summary. The Arizona UIC regulations
became effective on September 6, 2022.
3. Proposal To Request UIC Program Primacy
On October 15, 2023, ADEQ published notice in two Arizona
newspapers, through its website, and by email distribution to
stakeholders, seeking public comment on the State's proposed
application for primacy for the UIC program. ADEQ held a public comment
period from October 15, 2023, to November 20, 2023, on the State's
intent to seek primacy. ADEQ also held a virtual public hearing on
November 20, 2023. ADEQ received 1 oral comment and 21 discrete written
comments. The commenters shared concerns with the primacy application
including language regarding aquifer exemptions, permit transition upon
primacy, Federal UIC policies, permit templates, regulatory differences
between the State's Aquifer Protection Program and the SDWA's UIC
program, and minor editorial comments such as incorrect cross
references. These comments were considered and addressed by ADEQ as
summarized in the responsiveness summary and did not result in any
significant changes to the proposed primacy application.
Documentation of Arizona's public participation activities,
including comments received and responses by ADEQ, can be found in the
EPA's Docket ID No. EPA-HQ-OW-2025-0087.
II. Introduction
A. UIC Program and Primary Enforcement Authority (Primacy)
The SDWA protects public health by regulating the nation's public
drinking water supply, including both surface and groundwater sources.
The SDWA requires the EPA to develop minimum requirements for effective
State and Tribal UIC programs to prevent underground injection of
fluids (such as water, wastewater, brines from oil and gas production,
and carbon dioxide) from endangering underground sources of drinking
water (USDWs). USDWs are aquifers or parts of aquifers that supply a
public water system or contain enough groundwater to supply a public
water system. See 40 CFR 144.3. The UIC program regulates various
aspects of injection. These include site characterization,
construction, operation, and testing and monitoring through site
closure, as well as permitting, site inspections, and reporting to
ensure well owners and operators comply with UIC regulations.
SDWA section 1421 directs the EPA to establish requirements that
States, territories, and federally recognized Tribes (hereafter
referred to as applicants) must meet to be granted primary enforcement
responsibility or ``primacy'' for implementing a UIC program. 42 U.S.C.
300h. An applicant seeking primacy under SDWA section 1422 for a UIC
program must demonstrate to the EPA that the applicant's proposed UIC
program meets the Federal requirements for protecting USDWs. 42 U.S.C.
300h-1. An applicant must also demonstrate jurisdiction over
underground injection and possess the civil and criminal enforcement
authorities required by EPA regulations. See 40 CFR part 145, subpart
B. After the EPA approves an applicant for UIC program primacy, the
applicant's UIC program may be revised with EPA approval. See 40 CFR
145.32.
The EPA evaluates each primacy application in accordance with SDWA
section 1422 to determine whether the State has satisfactorily
demonstrated that it has adopted, after reasonable notice and public
hearings, and will implement a UIC program that meets the requirements
of SDWA regulations at 40 CFR parts 144, 145, and 146.
B. Class I-VI Wells Under the UIC Program
The UIC program consists of six classes of injection wells. Each
well class is based on the type and depth of the injection activity,
and the potential for that injection activity to result in endangerment
of a USDW. Class I wells are used to inject wastes into deep isolated
rock formations. Class II wells are used to inject fluids related to
oil and natural gas production. Most Class II wells are used to enhance
recovery of oil and gas or to dispose into rock formations wastewater
associated with oil or gas production. Class III wells are used to
inject fluids to dissolve and extract minerals. Class IV wells are used
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to inject hazardous and radioactive wastes into or above USDWs and are
only allowed as part of an EPA- or State-authorized ground water clean-
up action. Class V wells are used to inject non-hazardous fluids
underground, typically into or above a USDW, and range from simple
shallow wells to complex experimental injection technologies. Most
Class V wells are ``low-tech'' and depend on gravity to drain fluids
directly below the land surface. Dry wells, cesspools, and septic
system leach fields are examples of simple Class V wells. Because their
construction often provides little or no pretreatment and these fluids
are injected directly into or above a USDW, proper management is
important. Class VI wells are used to inject carbon dioxide into deep
rock formations for the purpose of long-term underground storage, also
known as geologic sequestration.
The UIC program provides multiple safeguards that work together to
protect USDWs and human health from injection activities. To operate an
injection well, operators must receive authorization by permit or by
rule through the UIC program. Operators must obtain a permit that
authorizes injection in accordance with specific statutory and
regulatory conditions. A draft of each permit is made available for
public comment before issuance of the final permit. Qualifying Class V
wells that meet certain requirements can be authorized by rule after
the operator submits required information describing the injection
activity, location, operating status, and operator contact information.
All wells must be operated according to applicable UIC program
requirements for the injection activity.
III. Legal Authorities
This regulation is proposed under authority of SDWA sections 1422
and 1450, 42 U.S.C. 300h-1 and 300j-9.
SDWA section 1421 requires the Administrator of the EPA to
promulgate Federal requirements for effective State UIC programs to
prevent underground injection activities that endanger USDWs. 42 U.S.C.
300h. SDWA section 1422 establishes requirements for applicants seeking
EPA primacy approval of their UIC programs. 42 U.S.C. 300h-1. It also
requires that applicants seeking primacy approval demonstrate how the
applicant (after public notice) will implement a UIC program which
meets the requirements that the EPA promulgated under section 1421. Id.
For applicants seeking primacy approval for UIC programs under SDWA
section 1422, and those seeking EPA primacy approval of revisions to
existing State and Tribal UIC programs, the EPA has promulgated
regulations setting forth the applicable procedures and substantive
requirements. The regulations in 40 CFR part 144 outline general
program requirements that each State must meet to obtain primacy. The
regulations in 40 CFR part 145 specify the procedures the EPA will
follow in approving, revising, and withdrawing UIC programs and
outlines the elements and provisions that an applicant must include in
its application for primacy. Part 145 also includes requirements for
State UIC permitting programs (by reference to certain provisions of 40
CFR parts 124 and 144), compliance evaluation programs, enforcement
authority, and the sharing of information between the EPA and the State
or Tribe. The regulations in 40 CFR part 146 contain the technical
criteria and standards applicable to each well class.
IV. The EPA's Evaluation of Arizona's Primacy Application
A. Background
On February 16, 2024, Arizona applied to the EPA under SDWA section
1422 for primacy with respect to its UIC program for Class I, II, III,
IV, V, and VI injection wells located within the State, except those
located on Indian lands. Arizona's requirements for UIC wells would be
codified and implemented in lieu of the Federal requirements currently
in effect in the State. See 40 CFR part 147, subpart D. The UIC program
primacy application from Arizona includes a letter from the Governor
requesting UIC program approval, a complete description of the State's
UIC program, an Attorney General's statement, copies of all applicable
State statutes and regulations, a summary and the results of Arizona's
public participation activities, and a Memorandum of Agreement (MOA)
between Arizona and the EPA's Region 9 Office. The EPA reviewed the
application for completeness and performed a technical and legal
evaluation of the application materials to assess and confirm whether
the proposed UIC program meets Federal requirements.
B. Summary of the EPA's Comprehensive Evaluation
The EPA evaluates primacy applications in accordance with SDWA
section 1422 to determine whether an applicant has satisfactorily
demonstrated that it has adopted after reasonable notice and public
hearings, and will implement, a UIC program that meets the requirements
of 40 CFR parts 144, 145, and 146. The EPA conducted a comprehensive
technical and legal evaluation of Arizona's primacy application to
determine whether the applicant's UIC program, including statutes and
regulations, program description, Attorney General statement, MOA, and
documentation of public participation, demonstrates that Arizona has
met the requirements of SDWA section 1422. Upon review, the EPA
determined that Arizona's primacy application demonstrates that the
State has adopted after reasonable notice and public hearings, and will
implement, a UIC program that meets the requirements of 40 CFR parts
144, 145, and 146.
The EPA evaluated Arizona's UIC program description for consistency
with 40 CFR 145.23, which lists all the information that must be
submitted as part of the program description. The EPA's evaluation of
the UIC program description included reviewing the scope, structure,
coverage, and processes of the State's program. The EPA evaluated
Arizona's permitting, administrative, and judicial review procedures,
as well as the State's permit application, reporting, and manifest
forms. The EPA also reviewed the State's compliance evaluation program
and enforcement authorities. The EPA required Arizona to demonstrate
that the State's UIC program will have adequate in-house staff or
access to contractor support for technical areas including site
characterization, modeling, well construction and testing, financial
responsibility, and regulatory and risk analysis.
The EPA evaluated Arizona's Attorney General's statement for
consistency with 40 CFR 145.24. The Attorney General's statement is
required to ensure that an applicant's top legal officer affirms that
applicable statutes, regulations, and judicial decisions demonstrate
adequate authority to administer the UIC program as described in the
program description and consistent with the EPA's regulatory
requirements for UIC programs. The EPA confirms that the Attorney
General's statement certifies that Arizona's environmental audit
privilege, which protects certain self-reported information, will not
affect the ability of the State to meet the enforcement and information
gathering requirements under the SDWA, nor will it prevent the public
from obtaining information about noncompliance or prevent the public
from bringing citizen suits under SDWA.
The EPA determined that the MOA met the Federal requirements at 40
CFR
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145.25 and was duly signed on behalf of EPA Region 9 and ADEQ. The MOA
is the central agreement setting the provisions and arrangements
between the State and the EPA concerning the administration,
implementation, and enforcement of the State UIC program. The EPA's
evaluation includes ensuring that the MOA contains the necessary
provisions pertaining to agreements on coordination, permitting,
compliance monitoring, enforcement, and EPA oversight. Here, for
example, the MOA specifies that ADEQ and the EPA agree to maintain a
high level of cooperation and coordination to assure successful and
effective administration of the UIC Program.
The EPA is aware that stakeholders in other States applying for
Class VI primacy have previously raised concerns about geologic
sequestration long-term liability transfer provisions. The EPA has
confirmed in developing this proposed rule that Arizona does not have
statutory provisions relating to long-term liability transfer.
Arizona has demonstrated that it has the legal authority to
implement all UIC permit requirements found in 40 CFR 145.11. Arizona's
UIC permitting provisions, established under SDWA section 1422, meet
the minimum Federal requirements in 40 CFR parts 124 and 144 through
146. The State has incorporated necessary procedures pursuant to 40 CFR
145.12 to support a robust UIC compliance evaluation program.
Additionally, Arizona has the necessary civil and criminal enforcement
authorities pursuant to 40 CFR 145.13. Arizona's UIC regulations
regarding permitting, inspection, operation, and monitoring meet
Federal requirements found in 40 CFR parts 145 and 146. Arizona's
reporting and recordkeeping requirements meet Federal requirements
found in 40 CFR 144.54 and 40 CFR part 146.
As a result of this comprehensive review, the EPA is proposing to
approve Arizona's primacy application because the EPA has determined
that the application meets all applicable requirements for primacy
approval under SDWA section 1422 and because the State has demonstrated
that it is prepared to implement a UIC program in a manner consistent
with the terms and purposes of SDWA and all applicable UIC regulations.
V. The EPA's Proposed Action
A. Incorporation by Reference
The EPA is proposing to approve the State of Arizona's UIC program
primacy application for regulating Class I-VI injection wells in the
State, except for those located on Indian lands. If finalized, this
action would amend 40 CFR 147.150 and 147.151 and incorporate by
reference Arizona's EPA-approved statutes and regulations that contain
standards, requirements, and procedures applicable to UIC well owners
or operators within the State. Any provisions incorporated by
reference, as well as all permit conditions issued pursuant to such
provisions, are enforceable by the EPA pursuant to SDWA section 1423
and 40 CFR 147.1(e).
The EPA compiled the applicable Arizona statutes and regulations
proposed to be incorporated by reference into 40 CFR 147.150 in a
document titled ``Arizona SDWA Sec. 1422 Underground Injection Control
Program Statutes and Regulations to be Incorporated by Reference,''
dated March 24, 2025. This compilation is publicly available at https://www.regulations.gov in the EPA's Docket No. EPA-HQ-OW-2025-0087 for
this proposed rulemaking. The EPA also proposes to codify a table in 40
CFR 147.150 listing the EPA-approved Arizona Statutes and Regulations
for Well Classes I-VI that the EPA would incorporate by reference.
Additionally, the EPA proposes to list the other Arizona statutes and
regulations containing standards and procedures that constitute
elements of the State's approved UIC program that do not apply directly
to owners or operators in the amendment to 40 CFR 147.150. In
accordance with 40 CFR 147.1(c), these other statutes and regulations
will not be incorporated by reference.
Upon approval, the EPA would oversee Arizona's administration of
its UIC program. The EPA will require quarterly reports on instances of
permittee non-compliance and annual UIC performance reports pursuant to
40 CFR 144.8. The MOA between the EPA Region 9 and ADEQ specifies that
the EPA will oversee the State's administration of the UIC program on a
continuing basis to assure that such administration is consistent with
the program MOA, the SDWA, current Federal policies and regulations,
promulgated minimum requirements, UIC grant agreements, State and
Federal law, and any separate working agreements which are entered into
between the Director and the Regional Administrator as necessary for
the full administration of the UIC program.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at: https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review
This proposed action is exempt from review under Executive Order
12866, because the Office of Management and Budget (OMB) has exempted,
as a category, the approval of State UIC programs.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 does not apply because actions that approve
State UIC Programs are exempted from review under Executive Order
12866.
C. Paperwork Reduction Act (PRA)
This proposed action will not impose an 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 Arizona's UIC Regulations, and the State
of Arizona 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. This proposed action will not impose any new requirements on small
entities as this action codifies a State program already in effect and
transfers primary implementation authority from the EPA to a State
program.
E. Unfunded Mandates Reform Act (UMRA)
This proposed action does not contain an 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. The EPA's proposed approval of Arizona's UIC program
will not constitute a Federal mandate because there is no requirement
that a State establish a UIC regulatory program 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.
[[Page 21268]]
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 (NTTAA)
This proposed rulemaking does not involve technical standards.
VII. References
Attorney General's Statement, signed by the Assistant Attorney
General, Office of the Arizona Attorney General, September 5, 2024.
Letter from Governor of Arizona to Regional Administrator, EPA
Region 9, February 16, 2024.
Memorandum of Agreement between the State of Arizona Department of
Environmental Quality and the Environmental Protection Agency,
Region 9, signed by the EPA Regional Administrator on March 24,
2025.
Notice of Nomination of Karen Peters to serve as Director of
Environmental Quality, signed by Governor Katie Hobbs, February 19,
2025.
Underground Injection Control State of Arizona Primacy Application,
Copies of all applicable State statutes and regulations, including
those governing State administrative procedures, drafted by Arizona
Department of Environmental Quality. March 10, 2025.
Underground Injection Control Primacy Application, Program
Description ``Arizona Department of Environmental Quality
Underground Injection Control Program Description 40 CFR 145.23.''
March 2025.
Underground Injection Control State of Arizona Primacy Application,
Public Participation Showing, drafted by Arizona Department of
Environmental Quality, February 18, 2025.
U.S. Environmental Protection Agency. Proposed ``Arizona SDWA Sec.
1422 Underground Injection Control Program Statutes and Regulations
to be Incorporated by Reference.'' March 25, 2025. Office of Water.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian-lands,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA 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.
0
2. Revise Sec. 147.150 to read as follows:
Sec. 147.150 State-administered program--Classes I, II, III, IV, V
and VI Wells.
The UIC program for Classes I, II, III, IV, V and VI wells in the
State of Arizona, except those on Indian lands, is the program
administered by the Arizona Department of Environmental Quality,
approved by the EPA pursuant to section 1422 of the SDWA. The effective
date of this program is [DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER]. The UIC program for Classes I, II,
III, IV, V and VI wells in the State of Arizona, except those located
on Indian lands, consists of the following elements, as submitted to
the EPA in the State's primacy application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations approved by the EPA in ``Arizona SDWA
Sec. 1422 Underground Injection Control Program Statutes and
Regulations to be Incorporated by Reference'', dated March 24, 2025,
and listed in table 1 to this paragraph (a), are hereby incorporated by
reference and made a part of the applicable UIC program under the SDWA
for the State of Arizona. 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 Arizona's statutes and
regulations that are incorporated by reference may be inspected at the
U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street,
San Francisco, CA 94105 and 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. If you wish to obtain
materials from the EPA Regional Office, please call (415) 972-3533, or
from the EPA Headquarters Library, please call the Water Docket at
(202) 566-2426. You may also view this material at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected].
Table 1 to Paragraph (a)--EPA-Approved Arizona SDWA Sec. 1422 Underground Injection Control Program Statutes and
Regulations for Well Classes I, II, III, IV, V and VI
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
Arizona Revised Statute (ARS) 49- Underground injection September 24, 2022..... [DATE OF PUBLICATION OF
257.01 (B) and (C). control permit THE FINAL RULE IN THE
program; permits; FEDERAL REGISTER].
prohibitions; rules.
ARS 49-263 (A), (E), and (I)......... Criminal violations; August 3, 2018......... [DATE OF PUBLICATION OF
classification; THE FINAL RULE IN THE
definition. FEDERAL REGISTER].
ARS 49-921........................... Definitions............ April 29, 1993......... [DATE OF PUBLICATION OF
THE FINAL RULE IN THE
FEDERAL REGISTER].
ARS 13-105.30........................ Definitions............ April 14, 2011......... [DATE OF PUBLICATION OF
THE FINAL RULE IN THE
FEDERAL REGISTER].
[[Page 21269]]
Arizona Administrative Code Title 18, Underground Injection September 6, 2022...... [DATE OF PUBLICATION OF
Chapter 9, Article 6. Control. THE FINAL RULE IN THE
FEDERAL REGISTER].
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(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of the approved State-
administered program:
(1) A.R.S. section 1-211 (General Rules of Statutory Construction);
(2) A.R.S. sections 13-107, 801, and 803 (Criminal Code);
(3) A.R.S. sections 18-106 (Information Technology);
(4) A.R.S. sections 41-1001, 1001.02, 1002, 1003 through 1010, 1011
through 1013, 1021 through 1067, 1072 through 1093.07, and 2051
(Administrative Procedure);
(5) A.R.S. sections 44-7001 through 7061 (Electronic Transactions);
(6) A.R.S. sections 49-104, 203, 205, 208, 224, 250, 257, 257.01(A)
and (D), 261-262, 263 (B-D) and (F-H), 264, 265, 321 through 324, 922,
and 1403 (The Environment);
(7) A.A.C. R18-1-501 through 525 and Table 10 (Licensing
Timeframes);
(8) A.A.C. R18-9-103, C301 through C304, and E323 (Water Pollution
Control); and
(9) A.A.C. R18-14-101 through 115 (Water Quality Protection Fees).
(c) Memorandum of Agreement (MOA). (1) The Memorandum of Agreement
between the State of Arizona and the EPA, Region 9, signed by the EPA
Regional Administrator on March 24, 2025.
(2) Letter from the Governor of Arizona to the Regional
Administrator, EPA Region 9, signed on February 16, 2024.
(d) Statement of legal authority. Attorney General's Statement,
signed by the Attorney General of Arizona on September 5, 2024.
(e) Program Description. The Program Description, ``Arizona
Department of Environmental Quality Underground Injection Control
Program Description (40 CFR 145.23)'', and any other materials
submitted as part of the application or amendment thereto.
0
3. Revise Sec. 147.151 to read as follows:
Sec. 147.151 EPA-administered program.
(a) Contents. The UIC program that applies to all injection
activities on Indian lands in Arizona, except for Class II wells on
Navajo Indian lands for which EPA has granted the Navajo Nation primacy
for the SDWA Class II UIC program (as defined in Sec. 147.3400), is
administered by EPA. The UIC program for Navajo Indian lands, except
for Class II wells on Navajo Indian lands for which EPA has granted the
Navajo Nation primacy for the SDWA Class II UIC program, consists of
the requirements contained in subpart HHH of this part. The program for
all injection activity except that on Navajo Indian lands consists of
the UIC program requirements of parts 124, 144, 146, and 148 of this
title, and any additional requirements set forth in the remainder of
this subpart. Injection well owners and operators, and EPA, shall
comply with the requirements of this paragraph (a).
(b) Effective dates. The effective date for the UIC program on
Indian lands in Arizona, except for the lands of the Navajo Indians, is
June 25, 1984. The effective date for the UIC program on the lands of
the Navajo, except for Class II wells on Navajo Indian lands for which
EPA has granted the Navajo Nation primacy for the SDWA Class II UIC
program (as defined in Sec. 147.3400), is November 25, 1988.
[FR Doc. 2025-08513 Filed 5-16-25; 8:45 am]
BILLING CODE 6560-50-P