[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39584-39593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14368]
[[Page 39583]]
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Part V
Environmental Protection Agency
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40 CFR Part 144
Underground Injection Control Program--Notice of Final Determination
for Class V Wells; Final Rule
Federal Register / Vol. 67 , No. 110 / Friday, June 7, 2002 / Rules
and Regulations
[[Page 39584]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 144
[FRL -7225-8]
RIN 2040-AD63
Underground Injection Control Program--Notice of Final
Determination for Class V Wells
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination; and final rule.
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SUMMARY: Today, the Environmental Protection Agency (EPA) is announcing
a final determination for all sub-classes of Class V injection wells
not included in the final rulemaking on Class V motor vehicle waste
disposal wells and large-capacity cesspools (December 7, 1999). These
include shallow non-hazardous industrial waste disposal wells, large-
capacity septic systems, agricultural and storm water drainage wells,
and other wells. The Agency has determined that the existing Federal
underground injection control (UIC) regulations are adequate to prevent
these Class V wells from endangering underground sources of drinking
water (USDWs) and no new rulemaking is necessary at this time.
Because today's action fulfills the Agency's obligation with regard
to Class V wells as stated in section 1421 of the Safe Drinking Water
Act, EPA is also amending its UIC rules by removing outdated references
regarding future Class V regulations. In addition, some minor changes
were made to correct mistakes and omissions within the CFR.
DATES: The final determination and rule revisions will be effective on
June 7, 2002. Pursuant to 40 CFR 23.7, for the purposes of judicial
review, this final determination and rule revisions are issued/
promulgated as of 1:00 p.m. Eastern Time on June 7, 2002.
ADDRESSES: The determination and supporting documents, including public
comments and EPA responses, are available for review in the UIC Class
V, W-98-05V Water Docket, U.S. Environmental Protection Agency, 401 M
Street, SW., East Tower Basement, Room 57, Washington, DC, 20460. For
information on how to access Docket materials, please call (202) 260-
3027 between 9 a.m. and 3:30 p.m. Eastern Time, Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For technical inquiries, contact Robyn
Delehanty, Office of Ground Water and Drinking Water (mailcode 4606M),
Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC, 20460. Phone: 202-564-3880. For general information,
contact the Safe Drinking Water Hotline at 800-426-4791. The Safe
Drinking Water Hotline is open Monday through Friday, excluding Federal
holidays, from 9 a.m. to 5:30 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION: Affected Entities: Today's determination and
rule applies to owners or operators of any type of Class V well that is
not a large-capacity cesspool or a motor vehicle waste disposal well,
as described in the December 7, 1999 Class V Rule (64 FR 68546) at 40
CFR 144.81(2) and 144.81(16), respectively. The following table lists
sub-classes and examples of entities that may have wells covered by
this action. This table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be affected
by, or interested in, this action. Other types of entities not listed
in the table could also be interested. To determine whether your
injection well is affected by this action, examine the applicability
criteria in 40 CFR 144.1(g). If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
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Examples of entities potentially affected
Category by this action
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Industry and Commerce........ Farms, animal feeding operations, and
other agricultural sites that drain
excess surface or subsurface water into
wells; sites that have storm water
drainage wells, facilities operating
large-capacity septic systems, or
nonhazardous waste disposal wells
including disposal of byproducts from
industrial operations; facilities that
extract minerals from brine and then
inject the spent brine underground;
mines that backfill materials into mine
shafts, pipelines, or other holes that
are deeper than they are wide;
aquaculture facilities that dispose of
wastewater in underground wells;
solution mines that use injection wells
in the recovery of minerals from ore
bodies that have already been
conventionally mined; sites that use
injection wells as part of aquifer
remediation activities; geothermal power
plants that reinject fluids into the
ground; facilities that extract direct
heat from geothermal fluids and then
return those fluids underground; and
sites that use ``open-loop'' heat pump/
air conditioning systems.
State and Local Government... Municipalities that use storm water
drainage wells; publicly owned treatment
works that inject sewage treatment
effluent underground; and State and
local government entities that inject
water underground for the purpose of
aquifer recharge or aquifer storage and
recovery.
Federal Government........... Any Federal Agency that owns or operates
one of the above types of wells.
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Table of Contents
I. Background
A. Statutory and Regulatory Framework
B History of this Rulemaking
1. 1987 Report to Congress
2. 1994 Consent Decree with the Sierra Club
3. 1995 Proposed Determination
4. 1997 Modified Consent Decree
5. 1998 Proposal and 1999 Final Rule
6. 1999 Class V Study
7. 2001 Proposal and Final Determination
C. Requirements Applicable to Class V Wells
II. Description of Today's Action
A. Final Determination
B. Public Comment
1. Potential to Endanger
2. Adequacy of Existing Regulation
3. Effectiveness of Additional Federal UIC Regulations
4. Data Used to Make the Determination
5. Class V Sub-Class Specific Comments
C. Amended Regulatory Language
III. Class V Program Management Plan
A. Implementing Existing Regulations
1. Long Standing UIC Regulations
2. 1999 Class V Rule
B. Educate Well Operators
C. Explore Other Regulatory and Non-regulatory Approaches
D. Coordinate Efforts with Other EPA Programs
E. Prepare for Future Actions
IV. Administrative Requirements
A. Administrative Procedures Act
B. Other Administrative Requirements
V. References
[[Page 39585]]
I. Background
A. Statutory and Regulatory Framework
Class V wells are regulated under the authority of Part C of the
Safe Drinking Water Act (SDWA or the Act) (42 U.S.C. 300h et seq.). The
SDWA authorizes EPA to protect the quality of drinking water in the
United States, and Part C specifically mandates the regulation of
underground injection of fluids through wells. The Agency has
promulgated a series of underground injection control (UIC) regulations
under this authority.
Section 1421 of the Act requires EPA to propose and promulgate
regulations specifying minimum requirements for effective State
programs to prevent underground injection that may endanger drinking
water sources. EPA promulgated administrative and permitting
regulations, now codified in 40 CFR Parts 144 and 146, on May 19, 1980
(45 FR 33290), and technical requirements in 40 CFR Part 146 on June
24, 1980 (45 FR 42472). The regulations were subsequently amended on
August 27, 1981 (46 FR 43156), February 3, 1982 (47 FR 4992), January
21, 1983 (48 FR 2938), April 1, 1983 (48 FR 14146), July 26, 1988 (53
FR 28118), December 3, 1993 (58 FR 63890), June 10, 1994 (59 FR 29958),
December 14, 1994 (59 FR 64339), June 29, 1995 (60 FR 33926), and
December 7, 1999 (64 FR 68546).
Section 1422 of the Act provides that States may apply to EPA for
primary enforcement responsibility to administer the UIC program;
States receiving such authority are referred to as ``primacy States.''
Where States do not seek this responsibility or fail to demonstrate
that they meet EPA's minimum requirements, EPA is required to prescribe
a UIC program for such States by regulation. These direct
implementation (DI) program regulations were issued in two phases on
May 11, 1984 (49 FR 20138) and November 15, 1984 (49 FR 45308). For the
remainder of this preamble, references to the UIC Program ``Director''
mean either the Director of the EPA program (where the program is
implemented directly by EPA) or the Director of the primacy State
program (where the State is responsible for implementing the program).
Also, currently all UIC programs in Indian Country are directly
implemented by EPA. Therefore, for the remainder of this preamble,
references to DI programs include UIC programs in Indian Country.
B. History of This Rulemaking
1. 1987 Report to Congress
In accordance with the 1986 Amendments to the SDWA, EPA summarized
information on 32 sub-classes of Class V wells in a Report to Congress
entitled Class V Injection Wells--Current Inventory; Effects on Ground
Water; and Technical Recommendations, September 1987 (EPA 1987). This
report presented a national overview of Class V injection practices and
State recommendations for Class V well design, construction,
installation, and siting requirements at that time. These State
recommendations, however, did not give EPA a clear mandate on what, if
any, additional measures were needed to control Class V wells on a
national level. For any given type of well, the recommendations varied
broadly and were rarely made by more than two or three States.
2. 1994 Consent Decree With the Sierra Club
On December 30, 1993, the Sierra Club filed a complaint in the
United States District Court for the District of Columbia alleging that
EPA failed to comply with section 1421 of the SDWA regarding
publication of proposed and final regulations for Class V injection
wells. The complaint alleged that EPA's then current regulations
regarding Class V wells did not meet the SDWA's statutory requirements
to ``prevent underground injection which endangers drinking water
sources.'' (EPA 1994c).
To resolve the issue, EPA entered into a consent decree with the
Sierra Club on August 31, 1994. This consent decree required that, no
later than August 15, 1995, the Administrator sign a notice to be
published in the Federal Register proposing regulatory action that
fully discharged the Administrator's rulemaking obligation under
section 1421 of SDWA, 42 U.S.C. 300h, with respect to Class V injection
wells. A final rulemaking on the matter was required to be signed by no
later than November 15, 1996.
3. 1995 Proposed Determination
On August 15, 1995, the Administrator signed a notice of proposed
rulemaking that proposed a regulatory determination on Class V
injection wells intended to fulfill EPA's obligation under the 1994
consent decree with the Sierra Club (60 FR 44652, August 28, 1995). In
this notice, EPA proposed not to adopt additional Federal regulations
for any types of Class V wells. Instead, the Agency proposed to address
the risks posed by certain wells using existing authorities and a Class
V management strategy designed to speed up the closure of potentially
endangering wells, and promote the use of best management practices to
ensure that other Class V wells of concern did not endanger USDWs.
Several factors led EPA to propose this approach: (1) The wide
diversity in the types of fluids being injected, ranging from high risk
to not likely to endanger; (2) the large number of facilities to be
regulated; and (3) the nature of the regulated community, which is
comprised largely of small businesses.
4. 1997 Modified Consent Decree
Based on public comments received on the 1995 proposal, EPA decided
to reconsider its proposed approach. Because this reconsideration would
extend the time necessary to complete the rulemaking for Class V wells,
EPA and the Sierra Club entered into a modified consent decree on
January 28, 1997 (EPA 1997) that extended the dates for rulemaking in
the 1994 decree. The modified decree required three actions.
First, by no later than June 18, 1998, the EPA Administrator was
required to sign a notice to be published in the Federal Register,
proposing regulatory action that fully discharged the Administrator's
rulemaking obligation under section 1421 of the SDWA with respect to
those types of Class V injection wells determined to be high risk for
which EPA did not need additional information. The Administrator was
required to sign a final determination for these endangering Class V
wells by no later than July 31, 1999. Short extensions were
subsequently granted for both of these deadlines.
Second, by no later than September 30, 1999, EPA was required to
complete a study of all Class V wells not included in the first
rulemaking on endangering Class V injection wells. The information
collected for the study was to be used as the basis for EPA's
determination on Class V wells not included in the Class V rule.
Third, by no later than April 30, 2001, the EPA Administrator was
required to sign a notice to be published in the Federal Register
proposing to discharge the Administrator's rulemaking obligations under
section 1421 of the SDWA with respect to all Class V injection wells
not included in the first rulemaking for Class V injection wells. The
Consent Decree required that the Administrator either: (1) Propose
regulations fully implementing section 1421 with respect to all such
Class V injection wells; (2) propose a decision
[[Page 39586]]
that no further rulemaking is necessary in order to fully discharge the
Administrator's rulemaking obligations under section 1421 with respect
to all such Class V injection wells; or (3) propose regulations fully
implementing section 1421 with respect to some of these remaining Class
V injection wells and propose a decision that no further rulemaking is
necessary in order to fully discharge the Administrator's rulemaking
obligations under section 1421 with respect to all other Class V
injection wells not already covered. Finally, the Administrator must
sign a final determination for these remaining Class V wells by no
later than May 31, 2002.
5. 1998 Proposal and 1999 Final Rule
On July 29, 1998 (63 FR 40586), in response to the first action
required under the modified consent decree with the Sierra Club, EPA
proposed revisions to the UIC regulations that would add new
requirements for three sub-classes of Class V wells that were believed
to endanger USDWs. According to this proposal, Class V motor vehicle
waste disposal wells in ground water protection areas (as defined in
the rule) would either be banned, or would have to get a permit that
required fluids released in those wells to not exceed the drinking
water maximum contaminant levels (MCLs) and other health-based
standards at the point of injection. Class V industrial waste disposal
wells in ground water protection areas also would be required to not
exceed the MCLs and other health-based standards at the point of
injection, and large-capacity cesspools in such areas would be banned.
EPA received 97 letters from public commentors as well as
recommendations from the National Drinking Water Advisory Council,
which formed a Federal Advisory Committee Act (FACA) working group to
address Class V UIC and Source Water Protection Program integration
issues. This FACA workgroup met twice in 1999 to discuss the proposed
Class V regulation. In addition, on May 21, 1999 (64 FR 27741), the
Agency published a notice of data availability and further request for
comment related to the 1998 proposal. A total of 14 public comment
letters were received in response to this request.
Taking all the public input into account, EPA issued final
revisions to the UIC regulations for Class V wells on December 7, 1999
(64 FR 68546). The final rule added new requirements for Class V motor
vehicle waste disposal wells and large-capacity cesspools. Existing
motor vehicle waste disposal wells in ``ground water protection areas''
and ``other sensitive ground water areas'' were banned with a provision
that allows owners and operators of such wells to seek a waiver from
the ban and obtain a permit (Sec. 144.88(b)). New Class V motor vehicle
waste disposal wells and new and existing large-capacity cesspools were
banned nationwide (Secs. 144.88(a) and (b)). If a State fails to
complete their assessments of ground water protection areas or
delineate other sensitive ground water areas by January 1, 2004, then
all existing motor vehicle waste disposal wells in that State become
subject to the new requirements. These new requirements are minimum
Federal standards--primacy States may impose more stringent
requirements. The final rule, however, did not adopt the proposed
additional requirements for industrial waste disposal wells.
6. 1999 Class V Study
On September 30, 1999, in response to the second action required
under the modified consent decree with the Sierra Club, EPA issued a
study (EPA 1999a) of all Class V wells not included in the 1998
proposal (EPA 1998a). The Class V study consisted of two major
components: (1) An information collection effort for the remaining
universe of Class V wells, which was divided into 23 different sub-
classes for the purpose of analysis; and (2) an ``inventory modeling''
exercise to estimate the number of storm water drainage wells and
large-capacity septic systems, two types of wells that were believed to
be quite prevalent, but for which adequate inventory information was
particularly lacking.
As described in detail in Volume 1 of the Class V Study, the
information collection effort consisted of a comprehensive literature
search, State and EPA regional data collection, requests to the public
for data, and peer review. As part of the State and EPA regional data
collection, the Agency distributed nearly 700 questionnaires to EPA
regional, State, and local program staff in all 50 States and U.S.
territories, including staff responsible for managing Class V wells in
Indian Country in EPA Regions 5, 8, 9, and 10. The Agency supplemented
the information from the questionnaires with follow-up telephone
interviews and on-site file searches in 11 primacy States, 3 DI States,
and 2 Regional Offices with DI States. The Agency also supplemented the
survey results with visits to a number of injection well sites,
including geothermal electric power well sites in California and food
processing waste disposal well sites in Tennessee and Maine.
For the inventory modeling, EPA selected and visited 99 census
tracts across the nation to collect data on the number of storm water
drainage wells and large-capacity septic systems and factors that
influence their prevalence. Storm water drainage wells were found in 22
of the 99 census tracts visited and large-capacity septic systems were
found in 88 of the 99 census tracts visited. EPA used the data
collected from the visits to develop mathematical models for predicting
the number of these wells nationwide.
The Class V Study is available from the public docket, or at the
EPA Web site http://www.epa.gov/safewater/uic/cl5study.html#volumes.
7. 2001 Proposal and Final Determination
As required by the Decree, EPA issued a proposed determination
concerning the Class V wells not already addressed by the 1999 rule (66
FR 22971, May 7, 2001). In this determination, EPA proposed that
further regulatory action for these wells was not necessary under
section 1421. Today's final determination, that no further rulemaking
is necessary at this time, fulfills the last of the Agency's
obligations under the Class V Consent Decree.
C. Requirements Applicable to Class V Wells
The UIC regulations establish five classes of injection wells.
Class I wells are used to inject hazardous and non-hazardous waste
beneath the lowermost formation containing a USDW within one-quarter
mile of the well bore. Class II wells are used to inject fluids
associated with oil and natural gas recovery and storage of liquid
hydrocarbons. Class III wells are used in connection with the solution
mining of minerals from ore bodies that have not been conventionally
mined. Class IV wells are used to inject hazardous or radioactive
wastes into or above a formation that is within one-quarter mile of a
USDW. Class IV wells are generally prohibited by 40 CFR 144.13. Class V
wells are defined, in the regulations, as any well not included in
Classes I through IV.
The 1999 Class V Rule added new requirements for existing motor
vehicle waste disposal wells located in ground water protection areas
and in other sensitive ground water areas delineated by the States; and
new and existing large-capacity cesspools and new motor vehicle waste
disposal wells nationwide.
[[Page 39587]]
All remaining Class V wells that are in compliance with the
inventory and non-endangerment requirements are currently authorized by
rule or by permit (Secs. 144.24(a) and 144.84(a)). Rule authorization
expires upon the effective date of a permit issued pursuant to
Secs. 144.25, 144.31, 144.33, or 144.34; upon meeting one of the
conditions specified in Sec. 144.84(b); or upon proper closure of the
well as described in Sec. 144.82(b).
In addition to these provisions, Class V UIC Program Directors have
many obligations and authorities under the SDWA to ensure the
protection of USDWs. Specifically, the current regulations subject
Class V wells to the general statutory and regulatory prohibition
against endangerment of USDWs, as well as some specific requirements.
The prohibition against endangerment of USDWs, found in Secs. 144.12
and 144.82, applies to all Class V wells and provides that no
injection-related activity may be conducted ``in a manner that allows
the movement of fluid containing any contaminant into underground
sources of drinking water, if the presence of that contaminant may
cause a violation of any primary drinking water regulation under 40 CFR
Part 141 or may otherwise adversely affect the health of persons.''
Sections 144.12(c), (d), and (e) prescribe mandatory and discretionary
actions to be taken by the Director if a well is not in compliance with
Sec. 144.12(a). These actions may include requiring the well operator
to apply for a permit, ordering such action as closure of the well to
prevent endangerment, taking an enforcement action, and/or taking an
emergency action.
Also, owners or operators of Class V injection wells must submit
basic inventory and assessment information under Sec. 144.26 and
Sec. 144.83. In addition, Class V wells are subject to the general
program requirements of Sec. 144.25 and Sec. 144.84 under which the
Director may require an area, general or individual permit, if
necessary, to protect USDWs. Moreover, under Sec. 144.27 and
Sec. 144.83, EPA may require owners or operators of any Class V well,
in EPA-administered programs, to submit additional information deemed
necessary to protect USDWs. Owners or operators who fail to submit the
information required under Secs. 144.26, 144.27, or 144.83 are
prohibited from using their injection wells. Lastly, Secs. 144.12 and
144.82 give the UIC Program Director authority to close any Class V
well that may endanger a USDW.
The above referenced sections represent the minimum Federal
requirements for all Class V wells except motor vehicle waste disposal
wells and large-capacity cesspools. The Federal requirements do not
preclude a State or local government from promulgating more stringent
requirements above and beyond the existing UIC authorities, and many
States have additional requirements for sub-classes of Class V wells to
prevent endangerment.
II. Description of Today's Action
A. Final Determination
Today, EPA is issuing its final determination that additional
Federal underground injection control regulations for all sub-classes
of Class V injection wells not included in the final rulemaking on
motor vehicle waste disposal wells and large-capacity cesspools are not
needed at this time to prevent Class V wells from endangering USDWs.
The Agency based the determination on the potential for Class V wells
to endanger USDWs and the anticipated effectiveness of additional
Federal UIC regulation. The Agency will address its continuing
statutory obligations by implementing existing authorities under the
SDWA to protect USDWs from any threatening underground injection
activities.
The determination addresses all of the Class V well types not
covered by the 1999 final rule, in response to the third action
required under the modified consent decree with the Sierra Club. It is
important to clarify that this notice satisfies the Agency's
obligations under the modified consent decree with the Sierra Club, but
it does not end EPA's obligations, requirements, and actions to prevent
Class V wells from endangering USDWs. As described in section I.C.
above, UIC Program Directors have many obligations and authorities
under the SDWA to ensure the protection of USDWs from potential risks
posed by Class V wells. The Agency will continue to fulfill these
obligations using existing authorities. In addition, nothing in this
notice precludes a State or local government from promulgating
requirements more stringent than the minimum Federal requirements.
Also, today's determination does not affect EPA's authority to impose
any necessary regulations in the future on any of the well types
addressed in today's notice. Today's determination is limited to the
requirements of section 1421 of SDWA as applied to Class V injection
activities and does not limit in any way the Agency's authorities or
obligations under other statutes, such as the Clean Water Act.
B. Public Comment
The 2001 Proposed Determination (EPA 2001a) was open for public
comment for 60 days. The Agency made the proposed determination widely
available through direct mailing to stakeholders and posting the
document on EPA's Web site. Twenty-eight commentors addressed the
proposal. EPA has developed a response to comment document (EPA 2002b)
addressing all public comments received on the well types addressed by
the proposed determination.
1. Potential To Endanger
The potential to endanger USDWs was the main criterion used for
making the determination. EPA evaluated this potential based in large
part on the record of documented incidents of ground water and other
environmental contamination caused by the operation of the different
Class V well types covered by the determination. Particularly given the
length of time this program has been in existence, EPA believes that
the absence of frequent, widespread, or significant cases of actual
contamination is good evidence of a low potential for these wells to
endanger. Therefore, additional Federal UIC regulation is not warranted
at this time.
The majority of the commentors agreed with the Agency's proposed
determination that, based on the review of the Class V Study and
additional information on industrial wells, Class V wells, as a class
or sub-class, do not pose an endangerment to USDWs since documented
cases of contamination attributable to these Class V wells are rare.
Some commentors disagreed with the Agency's determination and
raised both the potential for Class V wells to endanger and some
limited cases in which sub-classes of Class V wells may have caused
contamination.
The Agency agrees with the commentors that there is the potential
for any Class V well to cause contamination. However, the Class V
Study, the most rigorous and comprehensive data collection of Class V
wells ever undertaken, did not show any evidence that Class V wells, as
a well class, or any Class V sub-class, are contaminating USDWs. On the
contrary, the lack of recent contamination data that links these Class
V wells to ground water contamination supports EPA's view that existing
authorities are being used effectively to address any potential risk of
these Class V wells endangering USDWs. While the data from the Class V
Study did not support the need for
[[Page 39588]]
well-specific regulations, there were limited cases where Class V wells
were found to be endangering. The Agency recognizes that some fluids
may cause endangerment if injected directly into USDWs or into vadose
zone materials which cannot adequately attenuate the injected fluids.
The existing UIC regulations governing Class V injection wells provide
UIC programs with sufficient authority to, on a case-by-case basis,
prevent endangering injection practices and, where found to occur, stop
them and compel the injection well owner/operator to take any
restorative steps needed to prevent endangerment.
2. Adequacy of Existing Regulation
One commentor disagreed with the Agency's determination that no
additional regulations are needed at this time and contends that the
SDWA requires EPA to develop additional minimum Federal requirements.
That commentor believes the precautionary endangerment provision of the
Act requires EPA to promulgate regulations unless it can show that no
underground source of drinking water will be endangered.
EPA agrees with the commentor that the statutory definition of
``endangerment'' does not require contamination prior to taking action
of either a regulatory or enforcement nature. That Congress intended
for EPA to act in a preventive fashion--to establish regulatory
requirements to prevent contamination of USDWs from injection wells,
rather than just addressing such contamination after it occurs--is
clear from the statutory definition of endangerment, its legislative
history, and the language of section 1421.
However, EPA does not agree that the statute requires EPA to
promulgate Class V regulations ``unless EPA can show no endangerment
will occur.'' The requirement for establishing UIC regulations under
SDWA section 1421 is that EPA must establish regulations to ensure that
State programs ``contain minimum requirements for effective programs to
prevent underground injection which endangers drinking water sources *
* *'' Because no amount of regulatory control will prevent all cases of
contamination, EPA believes that a State may have an effective,
preventative Class V program even though there may be isolated cases of
endangerment. As a result, EPA does not agree that the statute requires
EPA to prove the complete absence of contamination in order to
determine that additional Federal regulations for Class V wells are
unnecessary. Rather, EPA must determine whether, based on the existing
information available to EPA, State programs are effective in
regulating (i.e., preventing endangerment from) Class V wells, and if
not, what Federal regulations, if any, could make such programs more
effective. If the State programs are already effective, then additional
Federal regulations are unnecessary.
If there is information showing that such wells, either a specific
sub-class of Class V wells or Class V wells as a whole, are causing
contamination or that there is some other specific, factual basis to
determine that certain Class V well injection activities are likely to
cause endangerments, then EPA may, in the future, determine that
additional regulatory safeguards are necessary to prevent endangerment.
EPA did establish additional requirements for Class V motor vehicle
waste disposal wells and large-capacity cesspools in 1999 for this
reason. EPA clearly does not need to wait for contamination to occur
before determining that additional regulation of a sub-class or class
of UIC wells is necessary.
3. Effectiveness of Additional Federal UIC Regulation
The second criterion EPA used to make this determination was the
anticipated effectiveness of additional Federal UIC regulation. EPA
used this criterion for only a few well sub-classes for which a sound
determination could not be based on the potential to endanger alone,
and includes agricultural drainage wells, industrial waste disposal
wells, and sewage treatment effluent wells. In evaluating the
anticipated effectiveness of additional regulation, EPA considered such
factors as the degree to which additional Federal UIC regulations would
simply duplicate existing State programs without increasing the
``effectiveness'' of these programs. While the Agency also considered
the possibility of the UIC program joining forces with other existing
or emerging programs to achieve greater results in an integrated
fashion, it did not use the existence of other Federal programs that
also address Class V wells as a basis for deciding against additional
UIC regulation.
The majority of the commentors agreed that there was adequate
authority to manage Class V wells and additional Federal regulation is
unnecessary. A few commentors believed the SDWA would not allow for the
use of anticipated effectiveness of additional Federal regulation. They
contend that the SDWA provides neither an intent nor the authority to
limit the protection afforded to all USDWs by restricting its scope to
regulations which are proven a priori to be effective. Rather,
Congress' concern is with any activity which may endanger USDWs, and is
not limited to those activities for which a regulatory program has been
proven effective.
EPA agrees that Congress intended for all injection to be
regulated, and notes that the UIC Program does regulate all injection
wells. However, EPA disagrees with the commentor that the effectiveness
of additional Federal regulations cannot be a criterion for determining
whether to establish more prescriptive regulations for Class V wells.
The statutory obligation is for EPA to determine whether State UIC
programs are effective in addressing endangerments to USDWs, and to
establish minimum requirements for such programs if they are not
effective. As a result, the effectiveness of State programs, and
additional Federal regulations, is very much a relevant criterion under
section 1421. The statutory obligation to establish additional UIC
requirements is not triggered solely by finding that some wells may be
or have been an ``endangerment'' as defined by the statute. EPA agrees
that the term ``endangerment'' is broadly defined and preventive.
Section 1421 is also preventative. However, the issue is not whether
there are, or might be, some instances of endangerment, but rather
whether additional Federal requirements are necessary to ensure
effective State programs to prevent these endangerments. If Federal
regulations would not improve the effectiveness of State programs, then
such regulations are not required under section 1421. The statutory
obligation is to determine whether State programs are ineffective in
addressing endangerment; EPA does not have information at this time
that indicates that State programs are ineffective in addressing
endangerments from Class V wells.
4. Data Used To Make the Determination
a. Completeness of the Information
The determination was based on information collected by the Class V
Study and industrial waste disposal well information collected to
support the Class V Proposed Rule. The Class V Study was designed and
implemented to obtain all information that was currently available on
Class V wells. The Class V Study represents the most comprehensive
collection of information on Class V wells. The majority of the
commentors referred to the Class V Study data to support their argument
either for or against the determination. However, a few
[[Page 39589]]
commentors indicated that there was information that was not included
in the Class V Study, but it was not submitted as part of the comments.
As part of EPA's obligation to prevent Class V wells from endangerment,
we will continue to evaluate whether additional Federal regulations or
other actions are warranted as more information becomes available. We
encourage anyone with information to submit it for consideration.
b. Areas Not Covered by the Class V Study
Some commentors encouraged the Agency to expand the scope of the
Class V Study to include data collection on: ground water monitoring;
the fate of viruses, chemicals and their metabolites in the subsurface;
and, additional sub-classes of Class V wells such as horizontal drain
fields and abandoned drinking water wells that were not addressed in
the Study. While the Agency has no plan to expand upon the existing
Class V Study, we will continue to collect information and evaluate the
potential for Class V wells to endanger USDWs. The Class V Study is a
firm starting point to assist the Agency, and our stakeholders, in
prioritizing future efforts such as public outreach, guidance
development, data collection, and, if needed, rule development.
A few commentors raised concerns about ``emerging'' issues such as
pharmaceutical and personal care products (PPCPs). PPCPs were not
considered as part of the Class V Study. EPA has no knowledge of any
contamination linked to PPCP, nor did anyone comment on the need to
address PPCPs when the Class V Study design was public noticed. This
may be because, until recently, little information was available on
PPCPs and analytical techniques lacked the sensitivity to identify
PPCPs in water. The United States Geological Survey (USGS) recently
released data on PPCPs in streams downstream from areas of intense
urbanization and animal production. Additional data on ground water
sampling will be released later this year followed by data on drinking
water source water. EPA has been, and will continue to, work with the
USGS as more information becomes available and will assess the
relevance of the information to Class V activities.
5. Class V Sub-Class Specific Comments
As stated above, today's Notice of Final Determination for Class V
Wells continues to use the two main criteria proposed in 2001--the
potential to endanger USDWs and the anticipated effectiveness of
additional Federal regulation--to determine whether Class V wells
warrant additional regulations at this time.
EPA continues to believe that the potential to endanger USDWs is
the more important of the two criteria, given the SDWA mandate to
prevent endangerment. EPA also believes that the scarcity of documented
cases of soil or ground water contamination due to Class V wells
demonstrates a low potential for these wells to endanger. EPA
recognizes that there may be isolated instances of endangerment to
USDWs which have not been documented. However, the Class V Study, which
was a thorough and comprehensive review of all available data on these
wells, did not document significant or widespread cases of
contamination. EPA believes that most, if not all, cases of significant
or widespread contamination due to Class V wells would have been
reported in some manner and, as a result, would have been identified
and documented as part of the Class V Study. As a result, the relative
paucity of such documentation is viewed by EPA as a good indication
that the existing regulations are adequate.
The degree to which additional Federal UIC regulations would simply
duplicate existing State program efforts without increasing their
``effectiveness'' is a key factor in evaluating the usefulness of
additional regulations. The scarcity of documented cases of
contamination and the existence of effective State UIC programs
signifies that additional Federal UIC regulations are not necessary, at
this time, under the statute.
The Agency received specific comments on agricultural drainage
wells, aquifer remediation wells, aquifer storage and recovery wells,
geothermal wells, industrial wells, salt water intrusion wells, spent
brine return flow wells, storm water drainage wells, and sewage
treatment effluent wells. Many of the commentors agreed with the
Agency's determination that additional regulations were not needed for
any of the sub-classes covered by the determination. The remaining
commentors disagreed with the Agency. However, these commentors did not
submit evidence of any contamination cases that had not been
effectively addressed by UIC Programs using existing authorities. EPA
believes that additional Federal regulation is not necessary where the
endangerment posed by particular well types appears to be rare. The
fact that few documented cases of contamination were found, and that
the endangerment was addressed using current authorities, supports
EPA's determination that existing Federal regulations and State
programs are effective to prevent endangerment.
EPA does not believe that additional regulations for these wells
should be promulgated based upon conjecture about endangerments that
could occur or some kind of ``presumption'' that they do occur absent a
showing otherwise. EPA does recognize that fluids injected into shallow
injection wells can exceed human health-based thresholds. However, the
information available to the Agency shows that existing Federal
regulations provide EPA and primacy States with the authority needed to
ensure that shallow injection wells are properly situated, constructed,
operated, maintained and (if necessary) closed in a manner that
protects underlying USDWs.
There is no information necessitating additional Federal UIC
regulations for these wells, at this time. The current record
demonstrates that existing regulations already effectively prevent most
cases of endangerment and provide sufficient authority to address rare
cases of endangerment that might occur.
Detailed responses to comments submitted on specific sub-classes of
Class V wells are found in the response to comment document (EPA
2002b).
C. Amended Regulatory Language
Today's action fulfills the Agency's obligation in regard to Class
V wells as stated in section 1421 of the Safe Drinking Water Act.
Therefore, EPA is amending its UIC regulations at 40 CFR part 144.1,
purpose and scope, to remove the sentence ``Class V wells will be
inventoried and assessed and regulatory action will be established at a
later date.'' In addition, some minor changes were made to correct
mistakes and omissions within the CFR. In two places within part 144
references to the location of primary drinking water standards within
the CFR has been corrected to read 40 CFR part 141, instead of part
142. Section 144.1 also references Sec. 146.04 as containing criteria
for ``aquifer exemptions.'' This reference has been corrected to read
Sec. 146.4. In correcting Sec. 144.1, we've also removed an incorrect
reference to ``individual'' permits. Also, as part of the 1999 Class V
rule (EPA 1999c) States were allowed to authorize Class IV injection
under certain conditions. Section 144.23 Prohibition of Class IV wells
was amended at that time, but parallel language in Sec. 144.13 was not.
This rulemaking corrects the regulatory language at Sec. 144.13 to be
consistent with the language at Sec. 144.23. The regulatory language at
Sec. 144.26 is
[[Page 39590]]
amended to remove introductory text that references paragraph (e) of
the regulation that was removed as part of the 1999 Class V rule (EPA
1999c). Lastly, paragraph (g) at Sec. 144.87 has been inserted and
reserved. The original regulatory language that was added to the CFR as
part of the 1999 Class V rule (EPA 1999c) omitted paragraph (g), so it
is being added and reserved to avoid confusion and for consistency.
III. Class V Program Management Plan
As part of an ongoing obligation to prevent Class V wells from
endangering USDWs, the Agency has developed a management plan for Class
V wells. The purpose of the management plan is to prioritize resources
and activities, as well as identify, for our stakeholders, how best to
achieve our common goal of preventing Class V wells from endangering
USDWs. The following areas have been prioritized for future activities.
A. Implementing Existing Regulations
1. Long Standing UIC Regulations
An important first step in the prevention of ground water
contamination from injection wells is to ensure that Class V well
owners and operators know they have a Class V well and what their
obligations are under the UIC regulations. The UIC Program will
continue to collect inventory information, conduct inspections, educate
facility owners and operators on their obligations under the UIC
regulations and assess the facilities injection practices. The outcome
of any given assessment may be authorization by rule, a request for
additional information, requiring the facility to apply for a general,
area, or site specific permit, or requiring closure of the well. To
enhance inventory and inspection information, the UIC program has begun
a pilot project in some direct implementation States. The inventory/
inspection initiative will initially focus on source water protection
areas and then expand to other priority areas.
EPA, State and local inspectors will also be looking for facilities
that may be operating Class IV wells which are banned under UIC
regulations. These hazardous waste disposal wells would be subject to
immediate closure that may include site characterization, cleanup and
enforcement penalties.
The Agency also plans to develop technical assistance documents. In
particular, guidance is being developed to help assist UIC Programs
determine if, on a case-by-case basis, an industrial well should be
rule authorized, permitted or closed. A Class V industrial waste
disposal well closure guidance will also be developed to give general,
performance based guidance.
In addition to the technical guidance, EPA is considering the
development of compliance guides to assist owners and operators in
complying with existing regulations.
2. 1999 Class V Rule
Motor vehicle waste disposal wells and large-capacity cesspools
were identified as having a high potential to endanger USDWs and
required additional regulations to insure they do not endanger USDWs.
As such, the Agency sees the implementation of the Class V Rule as a
high priority. The Class V Rule requires owners and operators of
existing motor vehicle waste disposal wells in regulated areas to close
their well, or if applicable, obtain a permit. These requirements are
being phased in through 2008. Owners and operators of large-capacity
cesspools must close their cesspools by April 5, 2005. EPA will
coordinate its efforts with primacy States and State and local health
departments to implement the ban.
B. Educate Well Operators
Full compliance with Class V regulations requires that well
operators understand their obligations. Owners and operators of Class V
wells must meet certain regulatory requirements: large-capacity
cesspools must close; motor vehicle waste disposal wells in regulated
areas must close or obtain a permit; and, all other well owners must
submit inventory information about their well to the UIC Program. Well
owners and operators can not inject until they have submitted
inventory. For the wells covered by this determination, the minimum
Federal requirement is the well cannot endanger USDWs. As discussed in
section I.C., UIC Program Directors have the authority to impose
additional requirements as needed. In addition, States can, and in many
cases do, choose to be more stringent.
The UIC Program has developed some outreach materials outlining
what the various requirements are, and how owners and operators must
comply. These include:
--Small Entity Compliance Guide for Owners of Motor Vehicle Waste
Disposal Wells (EPA 2000).
--Class V Well Initiative Web site at: http://www.epa.gov/safewater/uic/classv.html.
--UIC Program poster--``Protecting Public Health and Drinking Water''
(EPA 2001b).
--UIC Booklet--``Protecting Public Health through Underground Injection
Control'' (EPA 2002a)
--Videos--``The Problem with Shallow Disposal Systems'' and ``Shallow
Disposal Systems Are Everyone's Business''
Anyone interested in obtaining any of these materials should
contact the Safe Drinking Water Hotline at (800) 426-4791.
Additionally, most Regional and State UIC programs have the type of
specific compliance information needed by injection well owners/
operators, or the phone numbers of who to contact for such information,
available on their Web sites. Hot-links to each of these Web sites can
be accessed through the general EPA UIC program Web site listed above.
C. Explore Other Regulatory and Non-regulatory Approaches
The UIC Program will explore both new regulatory and innovative
non-regulatory approaches to manage Class V wells. One new regulatory
approach that EPA will consider is the use of general permits. General
permitting is an existing authority that has not been widely utilized
by the UIC Program, where like facilities within a defined area can be
covered by one permit. A growing concern expressed by commentors,
States, and EPA Regions, is that there will be a dramatic increase in
the use of Class V wells to dispose of storm water rather than obtain
NPDES permits for surface discharge. This is an example where general
permits may be utilized. Additionally, in sensitive geologic areas, a
general permit could be used to require specific best management
practices as well as injectate monitoring.
The Agency is also exploring non-regulatory approaches to prevent
contamination of USDWs, such as, the use of voluntary compliance
standards. The Agency will work with well owners and operators, on a
case-by-case basis to identify opportunities to implement voluntary
waste minimization practices. These voluntary practices may ensure that
facility injection practices do not contaminate USDWs. This would be an
alternative to imposing permit conditions.
D. Coordinate Efforts With Other EPA Programs
The UIC Program is currently working with the Office of Wastewater
Management (OWM) to coordinate efforts on large-capacity septic systems
and storm water drainage. The Onsite Decentralized Wastewater
Management voluntary guidelines (to be finalized in the summer of 2002)
include
[[Page 39591]]
information about the UIC Program, as well as the standards Class V
large-capacity septic systems must meet under the UIC program. The OWM
Speakers Bureau includes UIC Personnel to assist in giving
presentations and providing outreach documents to State and local
health department personnel, communities, utilities and other
stakeholders.
The UIC Program will continue to coordinate efforts with the
National Pollutant Discharge Elimination System (NPDES) program to
ensure that the regulated community understands their obligations under
the UIC Program and that any storm water discharges to injection wells
do not have the potential to endanger USDWs.
In addition, the UIC program is working closely with other programs
such as the EPA's Engineering and Analysis Division in the Office of
Water to collect additional information on industrial operations. The
Metals Products and Machinery effluent limitations guideline, which was
proposed last Fall, includes information on the UIC program. Lastly,
the UIC Program will be working with other offices to develop industry
specific voluntary consensus standards where appropriate.
E. Prepare for Future Actions
In the course of our ongoing activities, EPA will continue to work
with States, regulated entities, environmental organizations, and other
sources, to collect and evaluate data on Class V wells and their
potential risks. We will use that information to reevaluate on a
regular basis the need for additional regulation. If at any point new
data indicates that a sub-class of Class V wells may pose an
endangerment, the Agency will develop a plan to collect and analyze
well sub-class specific information to determine what additional
regulation may be required. Data collection and further analysis could
take the form of ground water monitoring, injectate sampling or risk
assessment modeling.
In addition, there are some ``emerging'' issues, such as
pharmaceutical and personal care products (PPCPs), that were not
identified for inclusion in the Class V Study, but warrant ongoing
involvement by the UIC Program. The Agency will continue to coordinate
efforts with the USGS and other researchers doing work related to
ground water protection. The UIC Program will continue to assess any
new information that relates to endangerments from Class V injection
wells.
Today's determination does not preclude future action under EPA's
UIC authority if the agency determines that additional regulatory
action is needed.
IV. Administrative Requirements
A. Administrative Procedure Act
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
prior notice and an opportunity for public comment. EPA is publishing
several rule changes related to today's final determination. First, EPA
is removing regulatory text that states that EPA will establish
regulatory requirements for Class V wells at a later date because EPA
has now completed its determination of whether such regulatory
requirements are necessary. As a result, such language is now outdated.
Second, EPA is correcting minor errors in the existing Class V
regulations. EPA has determined that there is ``good cause'' for making
today's rule changes final without prior proposal and opportunity for
comment because these rule changes have no substantive impact and
merely correct or replace outdated CFR text. Thus, notice and public
procedure are unnecessary. EPA finds that this constitutes ``good
cause'' under 5 U.S.C. 553(b)(B). For the same reasons, EPA is making
these rule changes effective upon publication. 5 U.S.C. 553(d)(3).
B. Other Administrative Requirements
Today's rule merely removes outdated CFR text and corrects minor
errors. Under Executive Order (EO) 12866 (58 FR 51735, October 4,
1993), this action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget.
Because the Agency has made a ``good cause'' finding that this action
is not subject to notice-and-comment requirements under the
Administrative Procedures Act or any other statute in section IV.A., it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or to sections 202 or
205 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). In
addition, this action does not significantly or uniquely affect small
governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of UMRA. This rule also does not
significantly or uniquely affect the communities of tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 6, 2000).
This rule 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, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997) because it is not economically
significant. Neither is it subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. This technical correction does not include
technical standards; thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq).
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that the notice and public procedure
is impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefor, and established an effective date of June 7,
2002. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. section 804(2).
V. References
EPA. 1980a. Consolidated Permit Regulations: RCRA Hazardous Waste;
SDWA Underground Injection Control; CWA National Pollutant Discharge
Elimination System; CWA Section 404 Dredge or Fill Programs; and CAA
Prevention of Significant Deterioration; Final Rule. 45 FR 33290,
May 19, 1980.
EPA. 1980b. Water Programs; Consolidated Permit Regulations and
Technical
[[Page 39592]]
Criteria and Standards; State Underground Injection Control
Programs; Final Rule for Part 146 and Amendments to Part 122. 45 FR
42472, June 24, 1980.
EPA. 1981. Underground Injection Control Program Criteria and
Standards; Technical Amendments to Final Regulations. 46 FR 43156,
Aug. 27, 1981.
EPA. 1982. Underground Injection Control Program Criteria and
Standards; Final Rule. 47 FR 4992, Feb. 3, 1982.
EPA. 1983a. Underground Injection Control Program; Final Rule. 48 FR
2938, January 21, 1983.
EPA. 1983b. Environmental Permit Regulations: RCRA Hazardous Waste;
SDWA Underground Injection Control; CWA National Pollutant Discharge
Elimination System; CWA Section 404 Dredge or Fill Programs; and CAA
Prevention of Significant Deterioration; Final Rule. 48 FR 14146,
Apr. 1, 1983.
EPA. 1984a. Underground Injection Control Program; Federally
Administered Programs; Final Rule. 49 FR 20138, May 11, 1984.
EPA. 1984b. Underground Injection Control Program: Federally-
Administered Programs; Final Rule. 49 FR 45292, Nov. 15, 1984.
EPA. 1987. Report to Congress: Class V Injection Wells. Office of
Water. Washington DC. (EPA 570/9-87-006: September 1987).
EPA. 1988. Final Rule; Underground Injection Control Program:
Hazardous Waste Disposal Injection Restrictions; Amendments to
Technical Requirements for Class I Hazardous Waste Injection Wells;
and Additional Monitoring Requirements Applicable to all Class I
Wells, 53 FR 28118, July 26, 1988.
EPA. 1993. Revisions to the Safe Drinking Water Act. Underground
Injection Control Regulations; Final and Interim Final Rule and
Request for Comments. Vol. 58 FR 63890, December 3, 1993
EPA. 1994a. Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities,
Underground Storage Tanks, and Underground Injection Control
Systems; Financial Assurance; Letter of Credit. 59 FR 29958, June
10, 1994.
EPA. 1994b. Federal Register: U.S. Environmental Protection Agency
Indian Tribes; Eligibility for Program Authorization. 59 FR 64339,
December 14, 1994.
EPA. 1994c. Consent Decree with the Sierra Club. Civil Action No 93-
2644 (D.C. District) August 31, 1994.
EPA. 1995a. National Pollutant Discharge Elimination System and
Pretreatment Programs; State and Local Assistance Programs; Effluent
Limitations Guidelines and Standards; Public Water Supply and
Underground Injection Control Programs: Removal of Legally Obsolete
or Redundant Rules; Final Rule. 60 FR 33926, June 29, 1995.
EPA. 1995b. Class V Wells--Regulatory Determination and Minor
Revisions to the Underground Injection Control Regulations;
Technical Correction to the Regulations for Class I Wells; Proposed
Rule. 60 FR 44652, August 28, 1995.
EPA. 1997. Modified Consent Decree with the Sierra Club. Civil
Action No 93-2644 (D.C. District) January 28, 1997.
EPA. 1998a. Class V Injection Wells Underground Injection Control
Regulations, Revisions; Proposed Rule. 63 FR 40586, July 29, 1998.
EPA. 1998b. Shallow Disposal Systems are Everyone's Business. Video.
USEPA Publication (EPA 908-V-98-001).
EPA. 1999a. The Class V Underground Injection Control Study. (EPA/
816-R-99-014: September 1999). http://www.epa.gov/safewater/uic/cl5study.html#volumes.
EPA. 1999b. Revisions to the Underground Injection Control
Regulations for Class V Injection Wells--Notice; Proposed Rule. 64
FR 27741, May 21, 1999.
EPA. 1999c. Underground Injection Control Regulations for Class V
Injection Wells, Revision; Final Rule. 64 FR 68546, December 7,
1999.
EPA. 2000. Small Entity Compliance Guide: How the New Motor Vehicle
Waste Disposal Well Rule Affects Your Business. Office of Water. 33
pp. (EPA 816-R-00-018: November 2000). http://www.epa.gov/sbrefa/documents/2778secg.pdf.
EPA. 2001a. Underground Injection Control Program--Notice of
Proposed Determination for Class V Wells. 66 FR 22971, May 7, 2001.
EPA. 2001b. Safe Drinking Water Act: Underground Injection Control
(UIC) Program: Protecting Public Health and Drinking Water
Resources. Office of Water. Poster. (EPA 816-H-01-003 [EPA 816-H-02-
005 in Spanish]: August 2001).
EPA. 2002a. Protecting Public Health Through Underground Injection
Control. EPA 816-K-02-001.
EPA. 2002b. Background Document--Comment and Response for Notice of
Proposed Determinaton on Class V Wells. Water Docket
EPA. (No Date) The Problem with Shallow Disposal Systems. Video. EPA
UIC Program.
EPA. (No Date) Class V Well Initiative. http://www.epa.gov/safewater/uic/classv.html
List of Subjects 40 CFR Part 144
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Indians-lands,
Reporting and recordkeeping requirements, Surety bonds, Water supply.
Dated: May 31, 2002.
G. Tracy Mehan III,
Assistant Administrator of Water.
For the reasons set out in the preamble, title 40 chapter I of the
Code of Federal Regulations is amended to read as follows:
PART 144--UNDERGROUND INJECTION CONTROL PROGRAM
1. The authority citation for part 144 continues to read as
follows:
Authority: Safe Drinking Water Act, 42 U.S.C. 300f et seq.;
Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.
2. Section 144.1 is amended by revising paragraph (g) introductory
text to read as follows:
Sec. 144.1 Purpose and scope of part 144.
* * * * *
(g) Scope of the permit or rule requirement. The UIC Permit Program
regulates underground injections by five classes of wells (see
definition of ``well injection,'' Sec. 144.3). The five classes of
wells are set forth in Sec. 144.6. All owners or operators of these
injection wells must be authorized either by permit or rule by the
Director. In carrying out the mandate of the SDWA, this subpart
provides that no injection shall be authorized by permit or rule if it
results in the movement of fluid containing any contaminant into
Underground Sources of Drinking Water (USDWs-see Sec. 144.3 for
definition), if the presence of that contaminant may cause a violation
of any primary drinking water regulation under 40 CFR part 141 or may
adversely affect the health of persons (Sec. 144.12). Existing Class IV
wells which inject hazardous waste directly into an underground source
of drinking water are to be eliminated over a period of six months and
new such Class IV wells are to be prohibited (Sec. 144.13). For Class V
wells, if remedial action appears necessary, a permit may be required
(Sec. 144.25) or the Director must require remedial action or closure
by order (Sec. 144.12(c)). During UIC Program development, the Director
may identify aquifers and portions of aquifers which are actual or
potential sources of drinking water. This will provide an aid to the
Director in carrying out his or her duty to protect all USDWs. An
aquifer is a USDW if it fits the definition, even if it has not been
``identified.'' The Director may also designate ``exempted aquifers''
using the criteria in 40 CFR 146.4. Such aquifers are those which would
otherwise qualify as ``underground sources of drinking water'' to be
protected, but which have no real potential to be used as drinking
water sources. Therefore, they are not USDWs. No aquifer is an
``exempted aquifer'' until it has been affirmatively designated under
the procedures in Sec. 144.7. Aquifers which do not fit the definition
of ``underground source of drinking water'' are not ``exempted
[[Page 39593]]
aquifers.'' They are simply not subject to the special protection
afforded USDWs.
* * * * *
3. Section 144.13 is amended by revising paragraph (c) to read as
follows:
Sec. 144.13 Prohibition of Class IV wells.
* * * * *
(c) Wells used to inject contaminated ground water that has been
treated and is being reinjected into the same formation from which it
was drawn are not prohibited by this section if such injection is
approved by EPA, or a State, pursuant to provisions for cleanup of
releases under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601-9657, or pursuant to
requirements and provisions under the Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. 6901 through 6987.
* * * * *
4. Section 144.26 is amended by revising the introductory text and
removing the text after the heading in paragraph (d) introductory text
to read as follows:
Sec. 144.26 Inventory requirements.
The owner or operator of an injection well which is authorized by
rule under this subpart shall submit inventory information to the
Director. Such an owner or operator is prohibited from injecting into
the well upon failure to submit inventory information for the well
within the time frame specified in paragraph (d) of this section.
* * * * *
(d) Deadlines. (1) * * *
* * * * *
5. Section 144.81 is amended by revising paragraph (16) to read as
follows:
Sec. 144.81 Does this subpart apply to me?
* * * * *
(16) Motor vehicle waste disposal wells that receive or have
received fluids from vehicular repair or maintenance activities, such
as an auto body repair shop, automotive repair shop, new and used car
dealership, specialty repair shop (e.g., transmission and muffler
repair shop), or any facility that does any vehicular repair work.
Fluids disposed in these wells may contain organic and inorganic
chemicals in concentrations that exceed the maximum contaminant levels
(MCLs) established by the primary drinking water regulations (see 40
CFR part 141). These fluids also may include waste petroleum products
and may contain contaminants, such as heavy metals and volatile organic
compounds, which pose risks to human health.
Sec. 144.87 [Amended]
6. Section 144.87 is amended by adding and reserving paragraph (g).
[FR Doc. 02-14368 Filed 6-6-02; 8:45 am]
BILLING CODE 6560-50-P