Rule2022-16017
State of Michigan Underground Injection Control (UIC) Class II Program; Primacy Approval
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
July 28, 2022
Effective
August 29, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is issuing a final rule approving Michigan's Class II Underground Injection Control (UIC) Program for primacy. EPA has determined that the State's program is consistent with the provisions of the Safe Drinking Water Act (SDWA) to prevent underground injection activities that endanger underground sources of drinking water (USDWs). EPA's approval allows Michigan to implement and enforce the State's regulations for Class II UIC wells, which cover oil and gas related injection well activities. EPA will remain the permitting authority for all other UIC well classes in Michigan and the sole permitting authority for all UIC well classes in Indian country within the State. EPA will also oversee Michigan's administration of the State's UIC Class II program as authorized under SDWA.
Full Text
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<title>Federal Register, Volume 87 Issue 144 (Thursday, July 28, 2022)</title>
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[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Rules and Regulations]
[Pages 45251-45257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16017]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2020-0595; FRL 8378-04-OW]
State of Michigan Underground Injection Control (UIC) Class II
Program; Primacy Approval
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is issuing a
final rule approving Michigan's Class II Underground Injection Control
(UIC) Program for primacy. EPA has determined that the State's program
is consistent with the provisions of the Safe Drinking Water Act (SDWA)
to prevent underground injection activities that endanger underground
sources of drinking water (USDWs). EPA's approval allows Michigan to
implement and enforce the State's regulations for Class II UIC wells,
which cover oil and gas related injection well activities. EPA will
remain the permitting authority for all other UIC well classes in
Michigan and the sole permitting authority for all UIC well classes in
Indian country within the State. EPA will also oversee Michigan's
administration of the State's UIC Class II program as authorized under
SDWA.
DATES: This final rule is effective on August 29, 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 August 29, 2022.
For judicial purposes, this final rule is promulgated as of August 29,
2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OW-2020-0595. All documents in the docket are listed on the
<a href="http://www.regulations.gov">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">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#c3a0a2b1a6baeda8baafa683a6b3a2eda4acb5"><span class="__cf_email__" data-cfemail="aac9cbd8cfd384c1d3c6cfeacfdacb84cdc5dc">[email protected]</span></a>, or Anna Miller, UIC Section, U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604; telephone number: (312) 886-7060; email
address: <a href="/cdn-cgi/l/email-protection#375a5e5b5b524519565959567752475619505841"><span class="__cf_email__" data-cfemail="c5a8aca9a9a0b7eba4ababa485a0b5a4eba2aab3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. UIC Program Primacy
B. Class II Wells Under the UIC Program
C. Final Rule
II. Entities Affected by This Action
III. Legal Authorities
IV. EPA's Review of State UIC Program Requirements
V. Michigan's Application for Class II UIC Primacy
A. Background
B. Public Participation Activities Conducted by the State of
Michigan
C. Notice of Completion and Public Participation Activities
Conducted by EPA
VI. Proposed Rule and Public Comments
A. Background
B. Public Comments
C. EPA's Response
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory 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
A. UIC Program Primacy
EPA may grant primary authority and enforcement responsibility or
``primacy'' for implementing the UIC program to states, territories,
and federally recognized tribes--hereafter referred to as applicants
that apply under SDWA. Primacy programs are established under SDWA
Sections 1422 and 1425. To obtain primacy under
[[Page 45252]]
SDWA Section 1422, Applicants must meet EPA's regulatory requirements
for UIC programs. SDWA Section 1425 provides an alternative option for
obtaining primacy for the Class II UIC program, which covers oil and
gas related injection well activities. SDWA Section 1425 requires the
applicant to demonstrate that its Class II UIC program is effective in
preventing underground injection that endangers USDWs.
An applicant seeking UIC program primacy under SDWA Section 1425
must demonstrate to EPA that it has an ``effective'' Class II program
to prevent the endangerment of USDWs, including jurisdiction over
underground injection and provisions for the necessary administrative,
civil, and criminal enforcement penalty remedies under SDWA. EPA
conducts a thorough technical and legal review of the primacy
application. The application and EPA's review include these elements:
The applicant's UIC statutes and regulations; documents describing the
public participation process; a request from the applicant's governor
or authorized representative for primacy under SDWA; the program
description; an attorney general's or authorized representative's
statement of enforcement authority; and a memorandum of agreement (MOA)
between EPA and the applicant, describing the administration,
implementation, and enforcement of the applicant's UIC program.
B. Class II Wells Under the UIC Program
Class II wells are used only to inject fluids associated with oil
and natural gas production. Class II fluids are typically injected
thousands of feet below the surface into rock formations isolated from
USDWs. Class II wells fall into one of three categories: disposal
wells, which inject fluids brought to the surface during oil and gas
extraction; enhanced recovery wells, which inject fluids into oil-
bearing formations to recover residual oil and, in limited
applications, natural gas; \1\ and hydrocarbon storage wells, which
inject liquid hydrocarbons into underground formations (such as salt
caverns) where they are stored, generally, as part of the U.S.
Strategic Petroleum Reserve.
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\1\ Class II wells include hydraulic fracturing operations
related to oil and gas production only where diesel fuels are used
in the injection fluid. See SDWA Section 1421(d)(1)(B)(ii).
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C. Final Rule
In this final rule, EPA is approving Michigan's application because
it meets or exceeds all applicable requirements for approval under SDWA
Section 1425 and the agency has determined that the State can
administer a Class II UIC program in a manner consistent with the terms
and purposes of SDWA and all applicable regulations to protect USDWs.
With EPA's approval, Michigan will implement and enforce a State Class
II UIC regulatory program that is effective in preventing the
endangerment of USDWs. EPA will remain the permitting authority for all
other UIC well classes in Michigan and the sole permitting authority
for all UIC well classes in Indian country within the State. EPA will
also oversee Michigan's administration of the State's UIC Class II
program as authorized under SDWA.
II. Entities Affected by This Action
Regulated Entities
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North American
Examples of industry
Category potentially regulated classification
entities system
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Industry...................... Private owners and 211111 & 213111.
operators of Class II
injection wells
located within the
State (Enhanced
Recovery, Produced
Fluid Disposal, and
Hydrocarbon Storage).
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This table is intended to be a guide for readers regarding entities
likely to be regulated by this action. This table lists the types of
entities that EPA is now aware could potentially be regulated by this
action. If you have questions regarding the applicability of this
action to a particular entity, consult the persons listed in the
preceding FOR FURTHER INFORMATION CONTACT section of this preamble.
III. Legal Authorities
Michigan applied to EPA under SDWA Section 1425 for primacy for all
Class II injection wells within the State, except those in Indian
country. EPA is approving Michigan's UIC program primacy application
for such Class II injection wells located within the State by rule, as
required under SDWA, to prevent injection activities that endanger
USDWs. Accordingly, EPA codifies Michigan's Class II UIC program in the
Code of Federal Regulations (CFR) at 40 CFR part 147, under the
authority of SDWA Section 1425, 42 U.S.C. 300h-4.
IV. EPA's Review of State UIC Program Requirements
EPA thoroughly reviewed Michigan's Class II primacy application to
determine whether the State's program constitutes an ``effective''
program to prevent the endangerment of USDWs, in accordance with SDWA
Section 1425. EPA has provided guidance with respect to factors that
EPA may consider in reviewing a Class II UIC program for effectiveness.
Guidance for State Submissions Under Section 1425 of the Safe Drinking
Water Act (SDWA)--Ground Water Program Guidance #19--provides
instructions on how states may apply for primacy approval under SDWA
Section 1425, the process for approval or disapproval, and criteria
that EPA may consider in approving or disapproving an application.
EPA has determined that Michigan's Class II UIC program is
effective at preventing the endangerment of USDWs, and is accordingly,
approving the State's program. EPA will oversee Michigan's
administration of the Class II UIC program. As part of EPA's oversight
responsibility, EPA will require Michigan to submit semi-annual reports
of non-compliance and annual UIC performance reports. The MOA between
EPA and Michigan, signed by the Regional Administrator on October 13,
2020, makes available to EPA any information obtained or used by
Michigan's Class II UIC program, without restriction. EPA continues to
administer the UIC program for all other injection well classes in the
State and for all wells in Indian country.
V. Michigan's Application for Class II UIC Primacy
A. Background
The UIC program in Michigan has thus far been directly implemented
by EPA for all well classes since the initiation of the program under
SDWA (in 1984). EPA Region 5 has conducted
[[Page 45253]]
all application review, permitting, and oversight of injection well
activities within the State. Region 5 and EPA Headquarters worked
closely with Michigan to develop a Class II UIC regulatory structure
and primacy application package that demonstrates a state program that
is effective in preventing the endangerment of USDWs, as required under
SDWA Section 1425.
B. Public Participation Activities Conducted by the State of Michigan
On February 15, 2018, the State published a notification in the
Michigan Register announcing its UIC Class II regulations and
requesting comment. Michigan accepted public comment through March 16,
2018, and held a public hearing on the State's regulations and its
intent to apply for primacy on February 28, 2018. Both oral and written
comments received for the hearing were generally supportive of the
State pursuing primacy for the Class II UIC program.
C. Notice of Completion and Public Participation Activities Conducted
by EPA
On April 15, 2020, EPA published a notice of Michigan's complete
application in the Federal Register (80 FR 69629) and posted a similar
announcement on EPA's Region 5 website. The notice established a 60-day
public comment period and a public hearing on May 27, 2020. The May 27,
2020 public hearing was held virtually due to restrictions on meetings
imposed by Michigan related to COVID-19 and to protect public health.
On March 9, 2020, EPA sent a written invitation to interested
tribes, requesting a consultation regarding the agency's review of
Michigan's request for program approval, in accordance with EPA Policy
for Consultation and Coordination with Indian Tribes (May 4, 2011). EPA
held a telephone consultation conference call with interested tribes on
April 14, 2020. EPA received a total of 40 public comments in the
electronic docket, by paper mail, and during the virtual hearing, most
of which supported Michigan's application. In particular, two tribes
submitted requests to be consulted when EPA is considering a permit
approval for a well adjacent to Indian country and within ceded
territory. EPA communicated the concerns raised in these comments via
email to the Michigan Department of Environment, Great Lakes, and
Energy (EGLE or the Department) on July 23, 2020. In response, EGLE
sent a letter (dated August 6, 2020), in which the Department committed
to consult and coordinate with tribes regarding permit applications for
wells adjacent to Indian country (defined in accordance with 18 U.S.C.
1151) and within the ceded territory where tribes hold off-reservation
treaty rights.
Detailed documents covering the comments submitted to EPA through
the public comment process and the tribal consultation, as well as the
agency's responses and steps taken, can be viewed in the docket for
this final rule (Docket ID No. EPA-HQ-OW-2020-0595). See the preceding
ADDRESSES section of this preamble for information on accessing the
docket.
VI. Proposed Rule and Public Comments
A. Background
On March 19, 2021, EPA published in the Federal Register a direct
final rule approving Michigan's UIC Class II application for primacy
(86 FR 14846) and requesting public comments during a 30-day comment
period. Simultaneously with the direct final rule, EPA published a
proposed rule to approve Michigan's UIC Class II application for
primacy (86 FR 14858). EPA stated in that direct final rule that if the
agency received adverse comments by April 19, 2021, the agency would
publish a timely withdrawal of the direct final rule in the Federal
Register, informing the public that the direct final rule would not
take effect and that the agency would consider and address all public
comments in any subsequent final rule based on the proposed rule. EPA
received adverse comments on that direct final rule and subsequently
issued a withdrawal notification on June 17, 2021 (86 FR 32221), before
the effective date of the direct final rule.
B. Public Comments
In total, EPA received input from 87 individual commenters. Most
comments were submitted by individual citizens opposed to granting
Michigan primacy for the Class II UIC program. Commenters raised
concerns about underground injection, the State's application for
primacy, EPA's review and rulemaking process, and a need for an
additional public hearing to be held by EPA to gather further input on
the agency action.
Each of the comments and EPA's responses can be viewed in the
docket (ID No. EPA-HQ-OW-2020-0595) as part of the final rule. See the
preceding ADDRESSES section of this preamble for information on
accessing the docket.
C. EPA's Response
EPA's response to comments provides details on its regulations,
guidance, processes, and actions relative to the concerns raised during
the 30-day public comment period.\2\ In summary, EPA performed a
thorough review of all application elements and worked closely with
Michigan prior to its application submittal to ensure the State's
program met the standard of effectiveness established under SDWA
Section 1425, including Michigan's rules governing public
participation. Furthermore, EPA provided sufficient advance notice of
its intent to approve Michigan's primacy application, along with the
agency's request for public comment, in the Federal Register (85 FR
14858, March 19, 2021), on the agency's website, and in three State
newspapers. The State also provided such notice on its website. These
notifications meet the requirements of the Federal regulations at 40
CFR part 25. Details of the State-Federal partnership between EPA and
Michigan are explicitly listed in the MOA, which is included in the
rulemaking docket. Among the topics included in the MOA are EPA's
compliance monitoring, information sharing, enforcement, and oversight
of the Michigan Class II UIC program.
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\2\ Additional information about EPA's primacy process can be
found in Section I.A of this preamble or on EPA's website at:
<a href="http://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program">www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program</a>.
---------------------------------------------------------------------------
After considering public comments, EPA is issuing this final rule
approving primacy to Michigan for the Class II UIC program. EPA's
detailed response to comments document is included in this action's
docket (ID No. EPA-HQ-OW-2020-0595). See the preceding ADDRESSES
section of this preamble for information on accessing the docket.
VII. Incorporation by Reference
In this action, EPA is approving Michigan's Class II UIC program,
whereby the State will assume primacy for regulating Class II injection
wells in the State, except within Indian country. Michigan's statutes
and supporting documentation are publicly available in EPA's Docket No.
EPA-HQ-OW-2020-0595. This action amends 40 CFR part 147 and
incorporates by reference the EPA-approved State program. EPA will
continue to administer the UIC program for all other well classes in
Michigan and all well classes within Indian country.
The provisions of Michigan's statutes and regulations that contain
standards, requirements, and procedures applicable to owners or
operators of UIC
[[Page 45254]]
Class II wells are incorporated by reference into 40 CFR 147.1150 by
this rule. Any provisions incorporated by reference, as well as all
permit conditions or permit denials issued pursuant to such provisions,
will be enforceable by EPA pursuant to SDWA Section 1423 and 40 CFR
147.1(e).
To better serve the public, EPA is reformatting the codification of
``EPA-Approved State of Michigan Safe Drinking Water Act Sec. 1425
Underground Injection Control (UIC) Program Statutes and Regulations
for Class II wells.'' Instead of codifying the Michigan statutes and
regulations as separate paragraphs, EPA is now incorporating by
reference a compilation that contains EPA-approved Michigan statutes
and regulations for Class II wells. This compilation is incorporated by
reference into 40 CFR 147.1150 and is available at <a href="http://www.regulations.gov">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="http://www.regulations.gov">www.regulations.gov</a> and in
hard copy at the EPA Headquarters in Washington, DC, and EPA Region 5
office in Chicago, Illinois (see the preceding FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). A complete list
of the Michigan statutes and regulations contained in the compilation,
titled ``EPA-Approved State of Michigan Safe Drinking Water Act Sec.
1425 Underground Injection Control (UIC) Program Statutes and
Regulations for Class II Wells,'' dated November 24, 2020, is codified
as Table 1 to paragraph (a) in that section, 40 CFR 147.1150.
VIII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by the Office of Management and
Budget (OMB) because OMB has determined that the approval of primacy
for the UIC program is not a significant regulatory action.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. EPA determined that there is no need for an Information
Collection Request under the PRA because this final rule does not
impose any new Federal reporting or recordkeeping requirements.
Reporting or recordkeeping requirements will be based on Michigan's UIC
regulations, and Michigan is not subject to the PRA. However, OMB has
previously approved the information collection activities contained in
the existing UIC regulations and for SDWA Section 1425, under the
provisions of the PRA, 44 U.S.C. 3501 et seq., and has assigned OMB
control number 2040-0042.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
if the rule has no net burden on the small entities subject to the
rule. This action would not impose any new requirements on small
entities. It simply approves and codifies Michigan's Class II UIC
program, which meets the same standard under SDWA Section 1425 as is
required for EPA's regulations governing its direct implementation of a
Class II UIC well program, both of which must ensure effective programs
to prevent underground injection that endangers USDWs. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector. EPA's approval of
Michigan's primacy application will not constitute a Federal mandate
because there is no requirement that a state establish a UIC regulatory
program and because the program is a state rather than a Federal
program.
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 and as explained in section I.C of this preamble.
Nevertheless, EPA engaged the interested public during a public hearing
and specifically conducted a consultation with federally recognized
tribes to obtain unique perspectives to inform EPA's approval of
Michigan's UIC Class II Program within the State, except on Indian
lands, as described in section V.C of this preamble. 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 EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive order. This action is not subject to Executive Order
13045 because it approves a state action as explained in section I.C of
this preamble.
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 rulemaking 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 a safety standard. This action is
providing Michigan with primacy under SDWA Section 1425 for a Class II
UIC program, pursuant to which Michigan will be implementing a program
that is effective in preventing the endangerment of USDWs. As a part of
EPA's primacy review, the agency engaged the interested public during a
public hearing and conducted a consultation with federally recognized
tribes to obtain unique perspectives to
[[Page 45255]]
inform the agency's approval of Michigan's UIC Class II Program within
the State, except in Indian country, as described in section V.C of
this preamble.
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. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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, EPA amends 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.
Subpart X--Michigan
0
2. Add Sec. 147.1150 to read as follows:
Sec. 147.1150 State-administered program--Class II wells.
The UIC program for Class II injection wells in the State of
Michigan, except for those in Indian country, is the program
administered by the Michigan Department of Environment, Great Lakes,
and Energy, approved by EPA pursuant to the Safe Drinking Water Act
(SDWA) section 1425. The effective date of this program is August 29,
2022. Table 1 to paragraph (a) of this section is the table of contents
of the Michigan State statutes and regulations incorporated as follows
by reference. This program consists of the following elements, as
submitted to the EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State's statutes and regulations approved by EPA for inclusion in
``EPA-Approved State of Michigan Safe Drinking Water Act Sec. 1425
Underground Injection Control (UIC) Program Statutes and Regulations
for Class II wells,'' dated November 24, 2020, and listed in Table 1 to
this paragraph (a), are hereby incorporated by reference and made a
part of the applicable UIC program under SDWA for the State of
Michigan. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the Michigan regulations and statutes 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; the
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604; or the Michigan Department of
Environment, Great Lakes, and Energy, Oil, Gas, and Minerals Division,
Constitution Hall, 525 West Allegan Street, Lansing, Michigan 48909;
telephone number (517) 284-6823. If you wish to obtain materials from
the EPA Headquarters in Washington DC, please call the Water Docket at
(202) 566-2426 or from the EPA Regional Office, please call (312) 353-
2147. 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#167064387f7865667375627f7978567877647738717960"><span class="__cf_email__" data-cfemail="771105591e1904071214031e1819371916051659101801">[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 Michigan SDWA Section 1425 Underground Injection Control Program
Statutes and Regulations for Well Class II
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
Natural Resources and Environmental Supervisor of Wells.... Effective September 10, July 28, 2022, [INSERT
Protection Act, Act 451 of 1994, 2004. Federal Register
Part 615 (Supervisor of Wells), CITATION]
Michigan Compiled Laws (MCL)
Sections 324.61501--324.61527.
Natural Resources and Environmental Permits................ Effective March 29, July 28, 2022, [INSERT
Protection Act, Act 451 of 1994, 2019. Federal Register
Part 13 (Permits), MCL Sections CITATION]
324.1301-324.1317.
Natural Resources and Environmental Orphan Well Fund....... Effective May 24, 1995. July 28, 2022, [INSERT
Protection Act, Act 451 of 1994, Federal Register
Part 616 (Orphan Well Fund), MCL CITATION]
Sections 324.61601-324.61607.
Natural Resources and Environmental Michigan Environmental Effective March 30, July 28, 2022, [INSERT
Protection Act, Act 451 of 1994, Protection Act. 1995. Federal Register
Part 17 (Michigan Environmental CITATION]
Protection Act), MCL Sections
324.1701-324.1706.
Administrative Procedures Act, Act Administrative Effective June 29, 2018 July 28, 2022, [INSERT
306 of 1969, MCL Sections 24.201- Procedures Act. Federal Register
24.328. CITATION]
Revised Judicature Act of 1961, Act Revised Judicature Act. Effective April 1, 1974 July 28, 2022, [INSERT
236 of 1961, MCL Section 600.631. Federal Register
CITATION]
Michigan Department of Environmental Oil and Gas Operations Effective 2019......... July 28, 2022, [INSERT
Quality Part 615 (Oil and Gas (administrative rules). Federal Register
Operations) Administrative Rules, CITATION]
Michigan Administrative Code (MAC)
as follows: R 324.101 to 324.199, R
324.201 to 324.208, R 324.210 to
324.216, R 324.401 to 324.422, R
324.501 to 324.504, R 324.507, R
324.508, R 324.510, R 324.511, R
324.701 to 324.705, R 324.801 to
324.808, R 324.810 to 324.816, R
324.901 to 324.904, R 324.1001 to
324.1013, R 324.1015, R 324.1101 to
324.1130, R 324.1201 to 324.1212, R
324.1301, and R 324.1401 to 324.1406.
[[Page 45256]]
Michigan Department of Licensing and General Provisions Effective 2003......... July 28, 2022, [INSERT
Regulatory Affairs (Contested Case (administrative rules). Federal Register
Procedures for Department of CITATION]
Environmental Quality)
Administrative Rules, MAC, R 324.73
and R 324.74.
Michigan Department of Licensing and Declaratory Rulings Effective 2003......... July 28, 2022, [INSERT
Regulatory Affairs (Contested Case (administrative rules). Federal Register
Procedures for Department of CITATION]
Environmental Quality)
Administrative Rules, MAC, R 324.81.
----------------------------------------------------------------------------------------------------------------
(b) Memorandum of Agreement (MOA). The MOA between EPA Region 5 and
the State of Michigan Department of Environment, Great Lakes, and
Energy signed by the EPA Regional Administrator on October 13, 2020.
(c) Statements of Legal Authority. ``Underground Injection Control
Program, Attorney General's Statement,'' signed by the Chief of the
Environment, Natural Resources, and Agriculture Division of the
Michigan Department of Attorney General on September 1, 2020.
(d) Program Description. The Program Description submitted as part
of Michigan's application, and any other materials submitted as part of
this application or as a supplement thereto.
0
3. Amend Sec. 147.1151 by revising the section heading and the first
sentence of paragraph (a) to read as follows:
Sec. 147.1151 EPA-administered program--Class I, III, IV, V, and VI
wells and Indian country.
(a) * * * The UIC program for Class I, III, IV, V and VI wells and
all wells in Indian country in the State of Michigan is administered by
the EPA. * * *
* * * * *
0
4. Revise Sec. Sec. 147.1153, 147.1154, and 147.1155 to read as
follows:
Sec. 147.1153 Existing Class II disposal wells authorized by rule in
Indian country.
The owner or operator shall limit injection pressure to the lesser
of:
(a) A value which will not exceed the operating requirements of
Sec. 144.28(f)(3)(i) or (ii) of this chapter as applicable; or
(b) A value for well head pressure calculated by using the
following formula:
Pm = (0.800-0.433 Sg)d
Where:
Pm = injection pressure at the well head in pounds per square inch.
Sg = specific gravity of injected fluid (unitless).
d = injection depth in feet.
Sec. 147.1154 Existing Class II enhanced recovery and hydrocarbon
storage wells authorized by rule in Indian country.
(a) Maximum injection pressure. (1) To meet the operating
requirements of Sec. 144.28(f)(3)(ii)(A) and (B) of this chapter, the
owner or operator:
(i) Shall use an injection pressure no greater than the pressure
established by the Regional Administrator for the field or formation in
which the well is located. The Regional Administrator shall establish
such a maximum pressure after notice, opportunity for comment, and
opportunity for a public hearing, according to the provisions of part
124, subpart A, of this chapter, and will inform owners and operators
in writing of the applicable maximum pressure; or
(ii) May inject at pressures greater than those specified in
paragraph (a)(1)(i) of this section for the field or formation in which
he is operating provided he submits a request in writing to the
Regional Administrator and demonstrates to the satisfaction of the
Regional Administrator that such injection pressure will not violate
the requirements of Sec. 144.28(f)(3)(ii)(A) and (B) of this chapter.
The Regional Administrator may grant such a request after notice,
opportunity for comment, and opportunity for a public hearing,
according to the provisions of part 124, subpart A, of this chapter.
(2) Prior to such time as the Regional Administrator establishes
field rules for maximum injection pressure based on data provided
pursuant to paragraph (a)(2)(ii) of this section the owner or operator
shall:
(i) Limit injection pressure to a value which will not exceed the
operating requirements of Sec. 144.28(f)(3)(ii) of this chapter; and
(ii) Submit data acceptable to the Regional Administrator, which
defines the fracture pressure of the formation in which injection is
taking place. A single test may be submitted on behalf of two or more
operators conducting operations in the same formation if the Regional
Administrator approves such submission. The data shall be submitted to
the Regional Administrator within one year following the effective date
of this program.
(b) Casing and cementing. Where the Regional Administrator
determines that the owner or operator of an existing enhanced recovery
or hydrocarbon storage well may not be in compliance with the
requirements of Sec. Sec. 144.28(e) and 146.22 of this chapter, the
owner or operator shall comply with paragraphs (b)(1) through (4) of
this section, when required by the Regional Administrator:
(1) Protect underground sources of drinking water (USDWs) by:
(i) Cementing surface casing by recirculating the cement to the
surface from a point 50 feet below the lowermost USDW; or
(ii) Isolating all USDWs by placing cement between the outermost
casing and the well bore; and
(2) Isolate any injection zones by placing sufficient cement to
fill the calculated space between the casing and the well bore to a
point 250 feet above the injection zone; and
(3) Use cement:
(i) Of sufficient quantity and quality to withstand the maximum
operating pressure;
(ii) Which is resistant to deterioration from formation and
injection fluids; and
(iii) In a quantity no less than 120% of the calculated volume
necessary to cement-off a zone.
(4) The Regional Administrator may specify other requirements in
addition to or in lieu of the requirements set forth in paragraphs
(b)(1) through (3) of this section, as needed to protect USDWs.
Sec. 147.1155 Requirements for all EPA-administered wells.
(a) Area of review. Notwithstanding the alternatives presented in
Sec. 146.6 of this chapter, the area of review for Class II wells
shall be a fixed radius as described in Sec. 146.6(b) of this chapter.
(b) Tubing and packer. The owner or operator of an injection well
injecting salt water for disposal shall inject through tubing and
packer. The owner of an existing well must comply with
[[Page 45257]]
this requirement within one year of the effective date of this program.
[FR Doc. 2022-16017 Filed 7-27-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 28, 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.