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2010-09-24
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State of Alabama; Underground Injection Control (UIC) Program Revision; Withdrawal of Alabama's Class II UIC Program
Proposed Rules
D09002ee1bdfc6edd
D09002ee1bdfc6f6f
United States
Environmental Protection Agency
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United States Government Agency or Subagency
EPA announces a proposed rulemaking, public hearing and public comment period regarding withdrawal of Alabama's Class II Underground Injection Control (UIC) Program from the State Oil and Gas Board of Alabama on the grounds that it does not regulate as ``underground injection,'' hydraulic fracturing associated with coalbed methane gas production. This program is currently approved by EPA under section 1425 of the Safe Drinking Water Act (SDWA), as amended. This action is being taken in accordance with paragraph 2(a) of the Writ of Mandamus issued on February 18, 1999, by the U. S. Court of Appeals for the Eleventh Circuit and the requirements in 40 CFR 145.34(b)(2). By court order, the Regional Administrator for EPA's Region 4 Office informed the State Oil and Gas Board of Alabama of specific areas of alleged noncompliance regarding its approved UIC Program. Specifically, EPA informed the State that, consistent with the Eleventh Circuit's ruling in LEAF v. EPA, hydraulic fracturing associated with coalbed methane gas production must be regulated as an ``underground injection'' under Alabama's UIC Program. Withdrawal of the Alabama program would, if completed, divest Alabama of primary enforcement authority under the SDWA to regulate Class II Wells, including hydraulic fracturing associated with coalbed methane gas wells within Alabama. EPA is proceeding at this time with this proposed rulemaking, notice of public hearing, and notice of public comment period in order to comply with paragraph 2(a) of the Writ of Mandamus because hydraulic fracturing associated with coalbed methane gas production is not currently regulated as underground injection (by permit or rule) pursuant to the EPA-approved underground injection control program for Alabama. At the public hearing, all interested persons shall be given the opportunity to make written or oral presentations on EPA's proposed action to withdraw approval of Alabama's Section 1425 approved Class II Program on the grounds of its failure to regulate as ``underground injection'' hydraulic fracturing associated with coalbed methane gas production. In addition, comments may be submitted as provided herein.
64 FR 27744
https://www.govinfo.gov/app/details/FR-1999-05-21/99-12747
99-12747
fr21my99-26
6560-50-P
FRL-6347-5
https://www.govinfo.gov/app/details/FR-1999-05-21/99-12747
https://www.govinfo.gov/content/pkg/FR-1999-05-21/html/99-12747.htm
https://www.govinfo.gov/content/pkg/FR-1999-05-21/pdf/99-12747.pdf
4 p.
27744
27747
64 FR 27744
Code of Federal Regulations
Title 40 Part 147
40 CFR Part 147
State of Alabama; Underground Injection Control (UIC) Program Revision; Withdrawal of Alabama's Class II UIC Program; Federal Register Vol. 64, Issue
PRORULE
99-12747
ENVIRONMENTAL PROTECTION AGENCY
1999-07-28
FRL-6347-5
6560-50-P
99-12747
Notice of proposed rulemaking, public hearing and public comment period on withdrawal.
EPA announces a proposed rulemaking, public hearing and public comment period regarding withdrawal of Alabama's Class II Underground Injection Control (UIC) Program from the State Oil and Gas Board of Alabama on the grounds that it does not regulate as ``underground injection,'' hydraulic fracturing associated with coalbed methane gas production. This program is currently approved by EPA under section 1425 of the Safe Drinking Water Act (SDWA), as amended. This action is being taken in accordance with paragraph 2(a) of the Writ of Mandamus issued on February 18, 1999, by the U. S. Court of Appeals for the Eleventh Circuit and the requirements in 40 CFR 145.34(b)(2). By court order, the Regional Administrator for EPA's Region 4 Office informed the State Oil and Gas Board of Alabama of specific areas of alleged noncompliance regarding its approved UIC Program. Specifically, EPA informed the State that, consistent with the Eleventh Circuit's ruling in LEAF v. EPA, hydraulic fracturing associated with coalbed methane gas production must be regulated as an ``underground injection'' under Alabama's UIC Program. Withdrawal of the Alabama program would, if completed, divest Alabama of primary enforcement authority under the SDWA to regulate Class II Wells, including hydraulic fracturing associated with coalbed methane gas wells within Alabama. EPA is proceeding at this time with this proposed rulemaking, notice of public hearing, and notice of public comment period in order to comply with paragraph 2(a) of the Writ of Mandamus because hydraulic fracturing associated with coalbed methane gas production is not currently regulated as underground injection (by permit or rule) pursuant to the EPA-approved underground injection control program for Alabama. At the public hearing, all interested persons shall be given the opportunity to make written or oral presentations on EPA's proposed action to withdraw approval of Alabama's Section 1425 approved Class II Program on the grounds of its failure to regulate as ``underground injection'' hydraulic fracturing associated with coalbed methane gas production. In addition, comments may be submitted as provided herein.
The public hearing will be held Wednesday, July 28, 1999, at 5:30 p.m. Central Standard Time (CST).
Ms. Nancy Marsh, at (404) 562-9450, or
Federal Register
Vol. 64, no. 98
Office of the Federal Register, National Archives and Records Administration
1999-05-21
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Table of Contents:
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https://www.govinfo.gov/app/details/FR-1999-05-21
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https://www.govinfo.gov/app/details/FR-1999-05-21
https://www.govinfo.gov/content/pkg/FR-1999-05-21/pdf/FR-1999-05-21.pdf
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