Rule2021-28237
State of New Mexico Underground Injection Control Program; Primacy Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2022
Effective
January 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is approving an application from the State of New Mexico under the Safe Drinking Water Act (SDWA) to revise the State's existing Underground Injection Control (UIC) program for Class I injection wells located within the State, except those in Indian country. New Mexico has revised the State's UIC Class I program regulations to establish new permit conditions, oversight, and enforcement to manage hazardous waste injection activities by petroleum refineries in such a manner that is protective of underground sources of drinking water. The State's Class I hazardous waste injection wells are only authorized for use by petroleum refineries for the waste generated by the refinery ("generator"). With this action, EPA is also codifying previously approved, non- substantial changes to the New Mexico UIC program. New Mexico will continue to implement and enforce a State UIC regulatory program that is as stringent as the existing federal program.
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Rules and Regulations]
[Pages 47-51]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28237]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2020-0154; FRL-7998-02-OW]
State of New Mexico Underground Injection Control Program;
Primacy Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is approving an
application from the State of New Mexico under the Safe Drinking Water
Act (SDWA) to revise the State's existing Underground Injection Control
(UIC) program for Class I injection wells located within the State,
except those in Indian country. New Mexico has revised the State's UIC
Class I program regulations to establish new permit conditions,
oversight, and enforcement to manage hazardous waste injection
activities by petroleum refineries in such a manner that is protective
of underground sources of drinking water. The State's Class I hazardous
waste injection wells are only authorized for use by petroleum
refineries for the waste generated by the refinery (``generator'').
With this action, EPA is also codifying previously approved, non-
substantial changes to the New Mexico UIC program. New Mexico will
continue to implement and enforce a State UIC regulatory program that
is as stringent as the existing federal program.
DATES: This final rule is effective on January 3, 2022. The Director of
the Federal Register approved this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on January 3, 2022.
For judicial purposes, this final rule is promulgated as of January 3,
2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OW-2020-0154. All documents in the docket are listed on the
<a href="http://www.regulations.gov">http://www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Kyle Carey, Drinking Water Protection
Division, Office of Ground Water and Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: (202) 564-2322; fax number: (202) 564-3754;
email address: <a href="/cdn-cgi/l/email-protection#0f6c6e7d6a76216476636a4f6a7f6e21686079"><span class="__cf_email__" data-cfemail="2b484a594e52054052474e6b4e5b4a054c445d">[email protected]</span></a>, or Evelyn Rosborough, Region VI
Library (6WD), U.S. Environmental Protection Agency, 1201 Elm Street,
Suite 500, Dallas, Texas 75270; telephone number: (214) 665-7515; fax:
(214) 665-6490; email address: <a href="/cdn-cgi/l/email-protection#bdcfd2cedfd2cfd2c8dad593d8cbd8d1c4d3fdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="44362b37262b362b31232c6a213221283d2a042134256a232b32">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:
I. Introduction
A. UIC State Primacy
B. New Mexico's UIC Primacy Program Revision
C. UIC Class I Wells
D. This Final Rule
II. Legal Authorities
III. State UIC Program Requirements
IV. State of New Mexico's Application
A. Background
B. Public Participation Activities Conducted by the State of New
Mexico
C. Public Participation Activities Conducted by EPA
V. Public Comments Received on the Proposed Rule and EPA's Response
to Comments
A. Public Comments
B. EPA's Response
VI. Incorporation by Reference
VII. Effective Date
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Introduction
EPA approved the State of New Mexico's UIC program as meeting the
requirements for primary enforcement responsibility (primacy) for Class
I, III, IV, and V injection wells, under SDWA Section 1422, on July 11,
1983.
A. UIC State Primacy
To obtain primacy for the UIC program, EPA conducts a technical and
legal review of a state's primacy application. EPA's review encompasses
a comprehensive evaluation of every aspect of each of the following
elements: The state's UIC statutes and regulations, which must include
provisions that are as stringent as the federal requirements; documents
describing the public participation process; a request from the state's
governor for primacy under SDWA; the program description; an attorney's
general statement of enforcement authority; and a memorandum of
agreement between EPA and the state, describing the administration,
implementation, and enforcement of the state's UIC program.
B. New Mexico's UIC Primacy Program Revision
The State of New Mexico has revised its UIC Class I program
regulations to establish new permit conditions, oversight, and
enforcement to manage Class I hazardous waste disposal wells by
petroleum refineries, except those in Indian country. EPA considers New
Mexico's application to be a ``substantial'' program revision and
therefore subject to the agency's approval procedures specified in the
Code of Federal Regulations (CFR) at 40 CFR 145.32(b)(2) and (4).
C. UIC Class I Wells
Class I wells are typically drilled thousands of feet below the
lowermost underground source of drinking water as authorized under
SDWA. Non-hazardous waste disposal wells include municipal wastewater
treatment, food
[[Page 48]]
production, and non-hazardous manufacturing waste. Whereas Class I
hazardous waste disposal wells include the injection of waste that may
be considered harmful to the public health or the environment.
Hazardous waste is generated from many sources, ranging from industrial
manufacturing process wastes to batteries. The injection of hazardous
waste is strictly regulated under the Resource Conservation and
Recovery Act (RCRA) and SDWA. Construction, permitting, operating, and
monitoring requirements are more stringent for Class I hazardous waste
disposal wells than for any other Class I injection well category.
Examples of Class 1 hazardous waste disposal well requirements are
listed Section V.B of this preamble.
D. This Final Rule
In this final rule, EPA is approving New Mexico's application
because it meets or exceeds all applicable requirements for approval
under SDWA Section 1422 and the agency has determined that the State is
capable of administering a Class I program pertaining to hazardous
waste disposal wells for use by petroleum refineries in a manner
consistent with the terms and purposes of SDWA and all applicable
regulations to protect underground sources of drinking water (USDWs).
With EPA's approval, New Mexico will continue to implement and enforce
a state UIC regulatory program that is as stringent as the existing
federal program.
This action also updates the compilation of previously approved
State statutes and regulations and, therefore, EPA is incorporating by
reference the amended compilation of New Mexico's SDWA 1422 Program for
Class I, III, IV, and V wells. See Section VI of this preamble for
further information on the incorporation by reference.
II. Legal Authorities
These proposed regulations are being promulgated under the
authority of SDWA Sections 1422 and 1450, 42 U.S.C. 300h-1 and 300j-9.
III. State UIC Program Requirements
SDWA Section 1421 requires the EPA Administrator to promulgate
federal requirements for effective state UIC programs to prevent
underground injection activities that endanger USDWs. SDWA Sections
1422 and 1425 establish requirements for states seeking EPA approval of
state UIC programs.
For states that seek approval for UIC programs under SDWA Section
1422, EPA has promulgated a regulation setting forth the applicable
procedures and substantive requirements, codified at 40 CFR part 145.
It includes requirements for state permitting programs (by referencing
certain provisions of 40 CFR parts 24 and 144), compliance evaluation
programs, enforcement authority, and information sharing. Each state
UIC regulatory program must be as stringent as the existing federal
program.
IV. State of New Mexico's Application
A. Background
On May 2, 2019, EPA determined that the agency had received a
complete UIC program revision application from the State of New Mexico,
in which the State requested approval of its revised UIC regulations
for Class I injection wells.
On October 13, 2020 (85 FR 64437), EPA published a Federal Register
document announcing New Mexico's submittal of a complete UIC program
revision application to the agency. In that announcement, EPA proposed
to approve the application from New Mexico under SDWA Section 1422 to
implement a UIC program for Class I hazardous waste disposal wells for
use by petroleum refineries located within the State, except those in
Indian country; sought public comments on the agency's intent to
approve New Mexico's application; and provided an opportunity to
request a public hearing.
B. Public Participation Activities Conducted by the State of New Mexico
On May 15, 2015, the New Mexico Water Quality Control Commission
(WQCC or Commission) published a public notice of the Commission's
intent to adopt amendments to the WQCC rules governing underground
injection control to authorize the State of New Mexico to allow the
approval of Class I hazardous waste injection wells for use by
petroleum refineries. The public notice was published in 15 newspapers
across the State of New Mexico. Written comments on the proposed
rulemaking changes were accepted between May 15, 2015, and July 14,
2015. A public hearing was held on July 14, 2015, before both a WQCC
hearing officer and the full Commission. Prior to the hearing, five
technical witnesses from the Navajo Nation and one from New Mexico Oil
Conservation Division pre-filed written testimony. At the hearing, in
addition to the technical witnesses, several members of the public,
including local elected officials, provided written or oral testimony
in favor of the proposed rule changes. There was no testimony, written
or oral, in opposition to the proposal.
C. Public Participation Activities Conducted by EPA
As previously noted, on October 13, 2020, EPA published a document
announcing the receipt of a complete application for a UIC program
revision from New Mexico, the agency's proposed approval of New
Mexico's application, a request for public comment, and a public
hearing to be held on November 27, 2020. EPA published this
announcement in the Federal Register (85 FR 64437), the Albuquerque
Journal, the Roswell Daily Record, the Gallup Independent, and on
websites of both EPA Region VI and EPA Headquarters. In addition, EPA
emailed a link to the document published in the Federal Register to a
statewide list of interested stakeholders.
V. Public Comments Received on the Proposed Rule and EPA's Response to
Comments
A. Public Comments
The public comment period on EPA's October 13, 2020 (85 FR 64437)
proposed approval was open for 45 days and ended on November 27, 2020.
EPA received 15 public comment submissions. Two commenters are in
support of the rule and provided clarification on the planned
permitting and use of Class I hazardous waste disposal wells by
petroleum refineries in New Mexico. Multiple commenters objected to the
proposed rule, expressing general confusion about the safety of
hazardous waste disposal within context of surface water and
groundwater sources of drinking water in New Mexico and the protection
provided under the UIC program in Indian country. These comments of
general non-support for the UIC program do not include specific
technical or legal assertions for EPA to further evaluate. For example,
several commenters expressed concern about the safety of underground
injection in general and with respect to sources of drinking water and
expressed confusion over the underground injection well permitting
authorities found within the State of New Mexico and Indian country.
B. EPA's Response
SDWA sets the requirements for underground injection control
activities, including hazardous waste disposal, that are subject to
regulations promulgated by EPA and approval issued by either EPA or an
authorized state, tribe, or territory. These activities are regulated
by the UIC program. To operate an injection well, an owner or operator
must receive approval through
[[Page 49]]
the appropriate UIC permitting authority. Injection well owners and
operators may not: Site, construct, operate, maintain, convert, plug,
abandon wells, or conduct any other injection activity that endangers
USDWs. The purpose of the UIC program requirements is to ensure that
either: Injected fluids stay within the well and the intended injection
zone, or fluids that are directly or indirectly injected into a USDW do
not cause a public water system to violate drinking water standards or
otherwise adversely affect public health. The UIC program works with
injection well owners and operators throughout the life of the well to
ensure their wells and their practices do not contaminate drinking
water. This is achieved through monitoring, reporting, inspections,
compliance assistance, and enforcement action.\1\
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\1\ For information on the approval for UIC primary permitting
and enforcement authority visit: <a href="https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program">https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program</a>.
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Nationally, injection wells are overseen by a state, tribal, or
territorial agency or one of EPA's regional offices. The State of New
Mexico has primacy and is authorized to implement the UIC program for
Class I, II, III, IV, and V injection wells within the boundaries of
the State only (see Section I of this preamble). Since EPA's 1983 UIC
program primacy approval, the agency has determined that New Mexico is
capable of continuing to administer its UIC program in a manner
consistent with the terms and purposes of SDWA and all applicable
regulations to protect USDWs.
Class I wells are typically drilled thousands of feet below the
lowermost underground source of drinking water. Hazardous waste
disposal is one of four approved injection fluid sub-categories under
the Class I program. Industry injects hazardous waste, as defined by
the RCRA, through Class I wells. These types of Class I wells are
strictly regulated under RCRA and SDWA. Construction, permitting,
operating, and monitoring requirements are more stringent for Class I
hazardous waste disposal wells than for other Class I injection well
categories. For example, preconstruction requirements for Class I
hazardous waste disposal wells include additional structural studies to
demonstrate: Injection and confining formations are free of vertically
transmissive fissures or faults; low seismicity and probability of
earthquakes; minimum area of review of two miles; and no-migration
petition demonstrating that fluids will remain in the injection zone
for as long as they are hazardous (e.g., modeling conducted to show
either the waste will remain in the injection zone for 10,000 years or
it will be rendered non-hazardous before migration) among other
requirements.\2\
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\2\ A comparison of requirements between Class I non-hazardous
waste injection wells and Class I hazardous waste disposal wells can
be found at: <a href="https://www.epa.gov/sites/default/files/2015-10/documents/page_uic-class1_summary_class1_reqs_508c.pdf">https://www.epa.gov/sites/default/files/2015-10/documents/page_uic-class1_summary_class1_reqs_508c.pdf</a>.
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After close consideration of all the comments, EPA is providing a
clarifying response document that addresses the general concerns raised
by commenters. The comments received and EPA's response are available
in EPA's Docket No. EPA-HQ-OW-2020-0154.
A virtual public hearing was held on November 27, 2020, with four
persons in attendance in addition to EPA staff and an EPA contractor.
The attendees did not provide comment.
VI. Incorporation by Reference
In this action, EPA is approving the revisions to the State of New
Mexico's UIC program to permit Class I hazardous waste injection wells
for use by petroleum refineries in the State, except those in Indian
country. New Mexico's statutes and supporting documentation are
publicly available in EPA's Docket at EPA-HQ-OW-2020-0154. This action
amends 40 CFR part 147 and incorporates by reference the EPA-approved
State statutes and regulations considered by this rule.
The provisions of New Mexico's statutes and regulations that
contain standards, requirements, and procedures applicable to owners or
operators of UIC Class I hazardous waste wells used by petroleum
refineries within the State are incorporated by reference into 40 CFR
147.1601 as described in the regulatory text. Provisions of the New
Mexico's statutes and regulations that contain standards, requirements,
and procedures applicable to owners or operators of Class I, III, IV,
and V injection were incorporated by reference into 40 CFR 147.1601
through prior EPA rules, but are being reapproved in this new format,
described in the following paragraph. Any provisions incorporated by
reference, as well as all permit conditions issued pursuant to such
provisions, are enforceable by EPA pursuant to SDWA Section 1423 and 40
CFR 147.1(e).
In order to better serve the public, EPA is reformatting the
codification of EPA-approved New Mexico SDWA Section 1422 UIC program
statutes and regulations for well Classes I, III, IV, and V. Instead of
codifying the New Mexico statutes and regulations as separate
paragraphs, EPA is now incorporating by reference a compilation that
contains ``EPA Approved New Mexico SDWA Sec. 1422 Underground
Injection Control Program Statutes and Regulations for Well Classes I,
III, IV, and V,'' dated March 11, 2021. This compilation is
incorporated by reference into 40 CFR 147.1601 and is available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> in the docket for this rule. EPA has made,
and will continue to make, these documents generally available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and also in hard copy at the EPA Region VI
office (see the FOR FURTHER INFORMATION CONTACT section of this
preamble for more information). A complete list of the New Mexico
statutes and regulations contained in the compilation, titled ``EPA
Approved New Mexico SDWA Sec. 1422 Underground Injection Control
Program Statutes and Regulations for Well Classes I, III, IV, and V,''
dated March 11, 2021, is also now codified in Table 1 to paragraph (a)
at 40 CFR 147.1601.
VII. Effective Date
This final rule is effective immediately upon publication. Section
553(d) of the Administrative Procedure Act (``APA''), 5 U.S.C. 553(d),
provides that final rules shall not become effective until 30 days
after publication in the Federal Register, ``except . . . as otherwise
provided by the agency for good cause,'' among other exceptions. The
purpose of this provision is to ``give affected parties a reasonable
time to adjust their behavior before the final rule takes effect.''
Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir. 1996); see also
United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977)
(quoting legislative history). Thus, in determining whether good cause
exists to waive the 30-day delay, an agency should ``balance the
necessity for immediate implementation against principles of
fundamental fairness, which require that all affected persons be
afforded a reasonable amount of time to prepare for the effective date
of its ruling.'' Gavrilovic, 551 F.2d at 1105. EPA has determined that
there is good cause for making this final rule effective immediately.
This action approves State permitting, oversight, and enforcement
requirements for Class I hazardous waste disposal activities for use by
petroleum refineries and codifies other already-approved changes to the
New Mexico program. Currently, there are no Class I hazardous waste
disposal wells in New Mexico. As a result, there are no current
permittees that need time to prepare for this rule and any prospective
permittees will benefit from
[[Page 50]]
the regulatory certainty that an immediate effective date will provide.
This final rule will not require affected persons to take action or
change behavior to come into compliance within the next 30 days.
In this action, EPA is also amending 40 CFR part 147 to incorporate
non-substantial changes to the New Mexico UIC program, previously
approved by letter under 40 CFR 145.32(b)(4). EPA did not undergo
notice and comment on these non-substantial revisions because the
agency had previously approved them by letter and is now simply
updating the CFR to reflect these previously approved, non-substantial
revisions. Because these revisions have already been approved, the
codification of these revisions is ministerial. As a result, EPA finds
there is ``good cause'' pursuant to 5 U.S.C. 553(b) to publish these
codifications without prior notice and opportunity for comment. Letters
from EPA approving the non-substantial revisions to the New Mexico
Administrative Code and the New Mexico Annotated Statutes are included
in the docket for reference.
For these reasons, EPA finds that good cause exists under Section 5
U.S.C. 553(d)(3) to make this rule effective immediately upon
publication.
VIII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="http://www2.epa.gov/laws-regulations/laws-and-executive-orders">http://www2.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action has been exempted from review under this Executive
Order by the Office of Management and Budget (OMB).
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2040-0042. Reporting or record-keeping requirements will
be based on the State of New Mexico UIC Regulations, and the State of
New Mexico is not subject to the PRA.
C. Regulatory Flexibility Act (RFA)
The agency certifies that this action will not have a significant
economic impact on a substantial number of small entities under the
RFA. In making this determination, the impact of concern is any
significant adverse economic impact on small entities. An agency may
certify that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, has no net burden, or otherwise has a positive economic effect
on the small entities subject to the rule. This action does not impose
any requirements on small entities as this action approves and codifies
existing State of New Mexico's UIC program revisions. EPA has therefore
concluded that this action will have no net regulatory burden for any
directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector. EPA's approval of
the State of New Mexico's program revisions will not constitute a
federal mandate because there is no requirement that a state establish
UIC regulatory programs.
E. Executive Order 13132: Federalism
This 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action contains no federal mandates for
tribal governments and does not impose any enforceable duties on tribal
governments. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the agency has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
Section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves program requirements for the
State of New Mexico's existing UIC program.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rule does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA has determined that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard. This action
approves the State of New Mexico's revisions to its existing UIC
program.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA 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 notice and comment rulemaking procedures are
impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 808(2)). EPA has made a good cause finding for this rule as
discussed in Section VII of the preamble, including the basis for that
finding.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian lands,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.
Michael S. Regan,
Administrator.
For the reasons set out in the preamble, the Environmental
Protection Agency is amending 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. 147.1601 as follows:
[[Page 51]]
Sec. 147.1601 State-administered program--Class I, III, IV, and V
wells.
The UIC Program for Class I, III, IV, and V wells in the State of
New Mexico, except for those located on Indian country as defined under
40 CFR 144.3, is the program administered by the New Mexico Water
Quality Control Commission, the New Mexico Environment Department
(formerly the New Mexico Environmental Improvement Division), and the
Oil Conservation Division of the New Mexico Energy, Minerals and
Natural Resources Department and approved by EPA pursuant to section
1422 of the Safe Drinking Water Act (SDWA). The effective date of this
program is August 10, 1983. A subsequent program revision application
for Class I hazardous waste injection wells, which are only authorized
for use by petroleum refineries for the waste generated by the refinery
(``generator''), except in Indian country, was approved by EPA pursuant
to section 1422 of the SDWA. The effective date of this program is
January 3, 2022. The State-administered UIC programs for Classes I,
III, IV, and V consist of the following elements, as submitted to EPA
in the State's program applications.
(a) Incorporation by reference. The New Mexico State provisions
cited in ``EPA-Approved New Mexico SDWA Sec. 1422 Underground
Injection Control Program Statutes and Regulations for Well Classes I,
III, IV, and V,'' dated March 11, 2021, and listed in Table 1 to this
paragraph (a), are incorporated by reference and made a part of the
applicable UIC program under SDWA for the State of New Mexico. 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 New Mexico's provisions that are incorporated by
reference may be inspected at 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, or the Region VI, Library,
U. S. Environmental Protection Agency, 1201 Elm Street, Suite 500,
Dallas, Texas 75270. If you wish to obtain materials from the EPA
Headquarters Library, please call the Water Docket at (202) 566-2426 or
from the EPA Regional Office, please call (214) 665-8326. You may also
inspect the materials at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email <a href="/cdn-cgi/l/email-protection#6107134f080f1211040215080e0f210f0013004f060e17"><span class="__cf_email__" data-cfemail="80e6f2aee9eef3f0e5e3f4e9efeec0eee1f2e1aee7eff6">[email protected]</span></a> or go to
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Table 1 to Paragraph (a): EPA--Approved State of New Mexico SDWA Sec. 1422 Underground Injection Control
Program Statutes and Regulations for Well Classes I, III, IV, and V
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code, Title Ground and Surface December 21, 2018...... January 3, 2022,
20, Chapter 6, Part 2. Water Protection. [insert Federal
Register citation].
New Mexico Administrative Code, Title Geothermal Resources February 27, 2018...... January 3, 2022,
19, Chapter 14, Parts 1-4. Development. [insert Federal
Register citation].
----------------------------------------------------------------------------------------------------------------
(b) Other laws. The following statutes and regulations, although
not incorporated by reference, are also part of the approved State-
administered UIC program:
(1) Water Quality Act, New Mexico Statutes Annotated Sections 74-6-
1 through 74-6-13 (1978 and Supp. 1982);
(2) Geothermal Resources Development Act, New Mexico Statutes
Annotated, Chapter 71, Article 9 (July 1, 2016);
(3) Surface Mining Act, New Mexico Statutes Annotated Sections 69-
25A-1 through 69-25A-35 (1978 and Supp. 1980).
(c) Memorandum of Agreement.
(1) The Memorandum of Agreement between EPA Region VI and the New
Mexico Water Quality Control Commission, the Environmental Improvement
Division, and the Oil Conservation Division, signed by the EPA Regional
Administrator on April 13, 1983;
(2) Letter from the Director, Environmental Improvement Division
and the Director, Oil Conservation Division, to Regional Administrator,
EPA Region IV, ``Re: New Mexico Underground Injection Control Program--
Clarification,'' February 10, 1983.
(3) Amendment No. 1, Underground Injection Program Substitute
Memorandum of Agreement Between the State of New Mexico and United
States Environmental Protection Agency Region VI, signed by the EPA
Regional Administrator on May 2, 2019.
(d) Statement of legal authority.
(1) Attorney General's Statement, signed by the Assistant Attorney
General for the Environmental Improvement Division, the Assistant
Attorney General for Oil Conservation Division, and the Deputy Attorney
General, Civil Division, Counsel for the Mining and Minerals Division,
undated, submitted December 8, 1982.
(2) Attorney General's Statement for Program Revision of New Mexico
UIC Program, signed by Bill Brancard, Special Assistant Attorney
General, State of New Mexico Energy, Minerals and Natural Resources
Department, submitted December 12, 2018.
(e) Program Description and any other materials. The Program
Description and any other materials submitted as part of the
application or as supplements thereto.
[FR Doc. 2021-28237 Filed 12-30-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 3, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.