Rule2025-17769
Arizona Underground Injection Control (UIC) Program; Class I-VI Primacy
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
September 15, 2025
Effective
October 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is approving an application from the State of Arizona (the State) that requests primary enforcement responsibility (primacy) for Class I-VI injection wells under the Safe Drinking Water Act (SDWA) section 1422. The EPA's approval of the State's UIC program primacy application will allow the Arizona Department of Environmental Quality (ADEQ) to authorize underground injection for all underground injection wells regulated under the SDWA within the State's jurisdiction and ensure compliance with UIC program requirements. The EPA will remain the permitting authority for all well classes on Indian lands within the State, except for Class II wells on Navajo Indian lands for which the EPA has granted the Navajo Nation primacy for the SDWA Class II UIC program.
Full Text
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<title>Federal Register, Volume 90 Issue 176 (Monday, September 15, 2025)</title>
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[Federal Register Volume 90, Number 176 (Monday, September 15, 2025)]
[Rules and Regulations]
[Pages 44327-44333]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17769]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2025-0087; FRL-11786-02-OW]
Arizona Underground Injection Control (UIC) Program; Class I-VI
Primacy
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 Arizona (the State) that requests primary
enforcement responsibility (primacy) for Class I-VI injection wells
under the Safe Drinking Water Act (SDWA) section 1422. The EPA's
approval of the State's UIC program primacy application will allow the
Arizona Department of Environmental Quality (ADEQ) to authorize
underground injection for all underground injection wells regulated
under the SDWA within the State's jurisdiction and ensure compliance
with UIC program requirements. The EPA will remain the permitting
authority for all well classes on Indian lands within the State, except
for Class II wells on Navajo Indian lands for which the EPA has granted
the Navajo Nation primacy for the SDWA Class II UIC program.
DATES: This final rule is effective on October 15, 2025. The
incorporation by reference of certain material listed in
[[Page 44328]]
this rule is approved by the Director of the Federal Register as of
October 15, 2025. For judicial purposes, this final rule is promulgated
as of October 15, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2025-0087. 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: Mary Hastings Puckett, Drinking Water
Infrastructure Development Division, Office of Ground Water and
Drinking Water (4606M), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-1525; or Kate Rao, Water Division, Groundwater Protection Section
(WTR-4-2), Environmental Protection Agency, Region 9, 75 Hawthorne
Street, San Francisco, CA 94105; telephone number: (415) 972-3533. Both
can be reached by emailing <a href="/cdn-cgi/l/email-protection#9acfd3d9eae8f3f7fbf9e3daffeafbb4fdf5ec"><span class="__cf_email__" data-cfemail="4c19050f3c3e25212d2f350c293c2d622b233a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Federal UIC Program and Primary Enforcement Authority
(Primacy)
B. Class I-VI Wells Under the UIC Program
II. Legal Authorities
III. Arizona's Application for UIC Primacy
A. Background
B. Public Participation Activities Conducted by Arizona
C. Summary of the EPA's Comprehensive Evaluation
D. Public Participation Activities Conducted by the EPA
IV. Public Comments and the EPA's Response
A. Public Comments
B. The EPA's Response to Comments
V. The EPA's Action
A. Incorporation by Reference
B. The EPA's Oversight
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Congressional Review Act (CRA)
VII. References
I. Introduction
A. Federal UIC Program and Primary Enforcement Authority (Primacy)
The SDWA protects public health by regulating the nation's public
drinking water supply, including both surface and groundwater sources.
Among other things the SDWA requires the EPA to develop minimum
requirements for effective State and Tribal UIC programs to prevent
underground injection of fluids (such as water, wastewater, brines from
oil and gas production, and carbon dioxide) from endangering
underground sources of drinking water (USDWs). In general, USDWs are
aquifers or parts of aquifers that supply a public water system or
contain enough groundwater of sufficient quality to supply a public
water system. See 40 CFR 144.3 (defining USDW).
The EPA's UIC program regulates various aspects of injection. These
include technical aspects throughout the lifetime of the project from
site characterization, construction, operation, and testing and
monitoring through site closure, as well as permitting, site
inspections, and reporting to ensure well owners and operators comply
with UIC permits and regulations.
SDWA section 1421 directs the EPA to establish requirements that
States, territories, and authorized Tribes must meet to be granted
primary enforcement responsibility or ``primacy'' for a UIC program. 42
U.S.C. 300h. SDWA section 1422 provides that an applicant seeking
primacy for a UIC program must demonstrate to the EPA that the
applicant's proposed UIC program meets the applicable requirements
promulgated by the EPA pursuant to section 1421 for protecting USDWs.
42 U.S.C. 300h-300h-1. An applicant must demonstrate, among other
things, jurisdiction over underground injection and that it possesses
the administrative, civil, and criminal enforcement authorities
required by the EPA's implementing regulations. See 40 CFR part 145,
subpart B. After the EPA approves a State for UIC program primacy, the
State's UIC program may be revised with EPA approval. See 40 CFR
145.32.
The EPA evaluates each primacy application in accordance with SDWA
section 1422 and the EPA's implementing regulations to determine
whether the State has satisfactorily demonstrated that, after
reasonable notice and public hearings, it has adopted and will
implement a UIC program that meets the requirements of the SDWA
regulations at 40 CFR parts 144, 145, and 146.
In this final rule, the EPA is approving Arizona's primacy
application to administer the UIC program for six classes of wells
(Classes I-VI) in the state. EPA's approval is based on the Agency's
determination that the application meets all applicable requirements
for approval under SDWA section 1422 and the EPA's implementing
regulations and that the State is capable of administering a UIC
program in a manner consistent with the SDWA and applicable UIC
regulations. The EPA will remain the permitting authority for all UIC
well classes on Indian land within the State, except for Class II wells
on Navajo Indian lands for which EPA has granted the Navajo Nation
primacy for the SDWA Class II UIC program. The EPA will oversee
Arizona's administration of the State's UIC program as authorized under
the SDWA.
B. Class I-VI Wells Under the UIC Program
The UIC program consists of six classes of injection wells. Each
well class is based on the type and depth of the injection activity and
the potential for that injection activity to result in the endangerment
of a USDW. Class I wells are used to inject wastes into deep isolated
rock formations. Class II wells are used to inject fluids related to
oil and natural gas production, primarily to enhance recovery of oil
and gas or to dispose into rock formations wastewater associated with
oil or gas production. Class III wells are used to inject fluids to
dissolve and extract minerals. Class IV wells are used to inject
hazardous and radioactive wastes into or above USDWs and are only
allowed as part of an EPA- or State-authorized groundwater clean-up
action. Class V wells are used to inject non-hazardous fluids
underground, typically into or above a USDW, and range from simple
shallow wells to complex experimental injection technologies. Most
Class V wells are ``low-tech'', depending on gravity to drain fluids
directly below the land surface and include dry wells, cesspools, and
septic system leach
[[Page 44329]]
fields. Class VI wells are used to inject carbon dioxide into deep rock
formations for the purpose of long-term underground storage, also known
as geologic sequestration. 40 CFR 144.6.
The UIC program provides multiple safeguards that work together to
protect USDWs and human health from injection activities. To operate an
injection well, operators must receive authorization by permit, or by
rule in certain circumstances, through the UIC program. Operators must
obtain a permit that authorizes injection in accordance with specific
statutory and regulatory conditions. A draft of each permit is made
available for public comment before the decision is made whether to
issue a final permit. Qualifying Class V wells that meet certain
requirements can be authorized by rule after the operator submits
required information describing the injection activity, location,
operating status, and operator contact information. All wells must be
operated according to applicable UIC program requirements for the
injection activity.
II. Legal Authorities
The statutory authority for this final rule is SDWA sections 1422
and 1450, 42 U.S.C. 300h-1 and 300j-9.
SDWA section 1421 requires the EPA promulgate requirements for
effective State UIC programs to prevent underground injection
activities that endanger USDWs. 42 U.S.C. 300h. SDWA section 1422
requires that applicants seeking primacy approval demonstrate that they
have adopted (after notice and public hearing) and will implement a UIC
program which meets the requirements that the EPA promulgated under
SDWA section 1421. 42 U.S.C. 300h-1.
The EPA has promulgated regulations setting forth the applicable
procedures and substantive requirements for applicants seeking primacy
approval for UIC programs under SDWA section 1422. The regulations in
40 CFR part 144 outline general program requirements that States must
meet to obtain primacy. The regulations in 40 CFR part 145 specify the
procedures the EPA will follow in approving, revising, and withdrawing
UIC programs and outlines the elements and provisions that an applicant
must include in its application for primacy. 40 CFR part 145 also
includes requirements for State UIC permitting programs (by reference
to certain provisions of 40 CFR parts 124 and 144), compliance
evaluation programs, enforcement authority, and the sharing of
information between the EPA and the State. The regulations in 40 CFR
part 146 contain the technical criteria and standards applicable to
each well class.
III. Arizona's Application for Primacy
A. Background
On February 16, 2024, Arizona applied to the EPA under SDWA section
1422 to administer a UIC program for Class I-VI injection wells located
within the State, except those located on Indian lands. Arizona's
requirements for UIC wells would be codified and implemented in lieu of
the Federal UIC requirements currently in effect in the State. See 40
CFR part 147, subpart D. Arizona's UIC program primacy application
includes a letter from the Governor requesting UIC program primacy
approval, a complete description of the State's UIC program, an
Attorney General's statement, copies of all applicable State statutes
and regulations, a summary and the results of the State's public-
participation activities, and a Memorandum of Agreement (MOA) between
Arizona and the EPA's Region 9 Office. The EPA reviewed the application
for completeness and performed a technical and legal evaluation of the
application materials to assess and confirm that Arizona's proposed UIC
program meets Federal requirements.
B. Public Participation Activities Conducted by Arizona
1. UIC Program Development Stakeholder Engagement
In order to have State regulatory authority in place prior to
seeking EPA approval of its UIC program, ADEQ conducted stakeholder
outreach and engagement to inform the general public, the regulated
community, and Tribes of ADEQ's rule development process and to explain
and present early drafts of the applicable State UIC rules. ADEQ held
nine general stakeholder and three Tribal consultation events from
December 2017 to October 2019. ADEQ received and considered hundreds of
comments from the regulated community and other stakeholders on these
early drafts of the State rules.
2. State Rulemaking
On October 1, 2021, ADEQ filed a notice of imminent SDWA-UIC
rulemaking with the Arizona Secretary of State asserting its intent to
adopt the UIC program. On January 7, 2022, ADEQ filed three notices of
proposed rulemaking for licensing time frames and UIC program rules and
fees, which were followed by a comment period of more than 30 days.
ADEQ held a public hearing on February 14, 2022, the final day of the
written comment period. ADEQ received a total of 77 discrete written
and oral comments on the proposed rules. Commenters shared concerns on
licensing time frames, fees, drywells, underground storage or recharge
facilities, UIC septic regulation, program scope or jurisdiction, and
Tribal consultation, among other topics. ADEQ considered all the
comments and adjusted the proposed rules as summarized in the
responsiveness summary. The Arizona UIC regulations became effective on
September 6, 2022.
3. Proposal To Request UIC Program Primacy
On October 15, 2023, ADEQ published notice in two Arizona
newspapers, through its website, and by email distribution to
stakeholders, seeking public comment on the State's proposed
application for primacy for the UIC program. ADEQ held a public comment
period from October 15, 2023, to November 20, 2023, on the State's
intent to seek primacy. ADEQ also held a virtual public hearing on
November 20, 2023. ADEQ received 1 oral comment and 21 discrete written
comments. The commenters shared concerns with the primacy application,
including language regarding aquifer exemptions, permit transition upon
primacy, Federal UIC policies, permit templates, regulatory differences
between the State's Aquifer Protection Program and the SDWA UIC
program, and minor editorial comments such as incorrect cross
references. These comments were considered and addressed by ADEQ as
summarized in the responsiveness summary and did not result in any
significant changes to the proposed primacy application.
Documentation of Arizona's public participation activities,
including comments received and responses by ADEQ, can be found in EPA
Docket ID No. EPA-HQ-OW-2025-0087.
C. Summary of the EPA's Comprehensive Evaluation
The EPA evaluates primacy applications in accordance with SDWA
section 1422 and the agency's implementing regulations to determine
whether an applicant has satisfactorily demonstrated that it has
adopted, after reasonable notice and public hearings, and will
implement, a UIC program that meets applicable regulatory requirements.
42 U.S.C. 300h-1(b)(1)(A)(i). The EPA conducted a comprehensive
technical and legal evaluation of Arizona's primacy application to
determine whether the State's UIC program--including statutes and
regulations, program description,
[[Page 44330]]
Attorney General statement, MOA, and documentation of public
participation--demonstrates that Arizona has met the requirements of
SDWA section 1422. Upon review, the EPA determined that Arizona has
adopted and will implement a UIC program that meets the requirements of
40 CFR parts 144, 145, and 146.
The EPA evaluated Arizona's UIC program description for consistency
with 40 CFR 145.23, which lists all the information that must be
submitted as part of the program description. The EPA's evaluation of
the UIC program description included reviewing the scope, structure,
coverage, and processes of the State's program. The EPA assessed
Arizona's permitting, administrative, and judicial review procedures,
as well as the State's permit application, reporting, and manifest
forms. The EPA also reviewed the State's compliance evaluation program
and enforcement authorities and the State's demonstration that its UIC
program will have adequate in-house staff or access to contractor
support for technical areas including site characterization, modeling,
well construction and testing, financial responsibility, and regulatory
and risk analysis.
The EPA evaluated Arizona's Attorney General's statement for
consistency with 40 CFR 145.24. In an Attorney General's statement, the
State's top legal officer affirms that applicable statutes,
regulations, and judicial decisions demonstrate adequate authority to
administer the UIC program as described in the program description and
consistent with the EPA's regulatory requirements for UIC programs. The
EPA confirms that the Arizona Attorney General's statement certifies
that Arizona's environmental audit privilege, which protects certain
self-reported information, will not affect the ability of the State to
meet the enforcement and information gathering requirements under the
SDWA, nor will it prevent the public from obtaining information about
noncompliance or prevent the public from bringing citizen suits under
the SDWA.
The EPA determined that the MOA, which was duly signed by EPA
Region 9 and ADEQ, meets the requirements at 40 CFR 145.25. The MOA is
the central agreement setting the provisions and arrangements between
the State and the EPA concerning the administration, implementation,
and enforcement of the State UIC program. The EPA's evaluation includes
ensuring that the MOA contains the necessary provisions pertaining to
agreements on coordination, permitting, compliance monitoring,
enforcement, and EPA oversight.
Arizona has demonstrated that it has the legal authority to
implement all UIC permit requirements found in 40 CFR 145.11. Arizona's
UIC permitting provisions, established under SDWA section 1422, meet
the minimum Federal requirements in 40 CFR parts 124 and 144 through
146. The State has incorporated necessary procedures pursuant to 40 CFR
145.12 to support a robust UIC compliance evaluation program.
Additionally, Arizona has the necessary administrative, civil, and
criminal enforcement authorities pursuant to 40 CFR 145.13. Arizona's
UIC regulations regarding permitting, inspection, operation, and
monitoring meet requirements in 40 CFR parts 145 and 146. Arizona's
reporting and recordkeeping requirements meet the requirements in 40
CFR 144.54 and 40 CFR part 146.
As a result of this comprehensive review, the EPA approves
Arizona's primacy application based on the Agency's determination that
the application meets all applicable requirements for primacy approval
under SDWA section 1422 and that the State has demonstrated that it is
prepared to implement its UIC program in a manner consistent with the
SDWA and all applicable UIC regulations.
D. Public Participation Activities Conducted by the EPA
On February 29, 2024, the EPA Region 9 Water Division Director sent
a letter via email to Arizona Tribal leaders offering an opportunity
for Government-to-Government consultation on Arizona's application for
primacy to administer the UIC program. On March 14, 2024, the EPA
Region 9 hosted a Tribal informational meeting and listening session
for Arizona's application for primacy to administer the UIC Program.
One Tribe, the Navajo Nation, attended the informational meeting and
followed up with a letter of support for Arizona administering the UIC
program. Another Tribe, the Gila River Indian Community (GRIC),
requested that the EPA meet with them separately to present and discuss
the information shared at the meeting on March 14, 2024. The EPA met
with GRIC representatives on March 22, 2024. GRIC asked questions about
differences between the implementation and oversight of the Federal
versus State UIC program, and the primacy approval process and EPA
responded.
On May 19, 2025, the EPA published a proposed rulemaking in the
Federal Register (90 FR 21264) to approve Arizona's application to
implement a UIC program for all injection well classes within the
State. The proposal established a public comment period that closed on
July 3, 2025. The EPA held a public hearing on June 25, 2025, that
participants could attend virtually, as well as by phone. The EPA
published notice of the hearing on the EPA's website, in the Arizona
Daily Star and the Arizona Republic newspapers, and sent an email
notification to each of Arizona's federally recognized Tribal leaders.
IV. Public Comments and the EPA's Response
A. Public Comments
During the public comment period, the EPA received eleven written
comments and two oral comments on the proposal from individuals and
stakeholder organizations, including GRIC, the Ground Water Protection
Council, the Grand Canyon Chapter of the Sierra Club, the Consumer
Energy Alliance, the American Petroleum Institute, the American Mining
Association, and the Arizona Chamber of Commerce and Energy.
The EPA considered these comments in the development of this final
rule. All comments are available as part of the public record and can
be accessed through the EPA's docket (ID No. EPA-HQ-OW-2025-0087).
Documentation of the EPA's public participation activities, including
comments received and the EPA's comment response document, can also be
found in the docket (ID. No. EPA-HQ-OW-2025-0087).
B. The EPA's Response to Comments
The EPA received comments both supporting and opposing the proposed
approval of UIC program primacy for the State of Arizona, as well as
some comments outside the scope of the primacy approval action.
Commenters in support of Arizona's UIC program primacy approval
stated that ADEQ's UIC rules meet or exceed the EPA's UIC requirements,
that ADEQ has conducted adequate outreach and engagement related to its
UIC primacy application, and that the State's request is consistent
with the principles of cooperative federalism outlined in the five
pillars of the EPA Administrator's Powering the Great American Comeback
Initiative. They also stated that Arizona's primacy application shows
that the State takes program compliance and enforcement seriously. They
stated that Arizona is heavily invested in protecting its drinking
water sources, as shown by how Arizona water providers use Managed
Aquifer Recharge (MAR)--a water management technique to store
[[Page 44331]]
available freshwater underground and which often utilizes UIC Class V
injection wells. They commented that ADEQ has a better understanding of
the State and local needs, is more readily accessible to stakeholders,
has intimate knowledge of historic UIC operations, has an extensive
knowledge and understanding of the State's aquifers and geology, and
has demonstrated a strong commitment to transparency through extensive
stakeholder engagements. Lastly, commenters stated that with ADEQ's
dedicated UIC staff positions, the State has the capacity for timely
review and action on UIC permit applications and rule applications and
further, that the State's UIC program includes licensing time frame
requirements for ADEQ, which provide predictability and certainty with
respect to the timing of permit decisions.
Commenters opposing Arizona's UIC program primacy approval stated
concerns about vulnerable communities in low-income and rural areas as
well as those on Tribal lands who may be overburdened by pollution. One
commenter stated that permitting actions could impact the groundwater
quality on Tribal lands and impact cultural resources located off
Tribal lands. Commenters asserted that Arizona and ADEQ have been
underfunded and, therefore, lack the staffing and resources needed to
stand up to powerful polluters, to regulate carbon capture and storage
projects safely and effectively, and to protect groundwater quality.
Commenters also raised concerns related to Arizona's limited water
supply and potential threats posed by UIC wells. Lastly, commenters
stated concerns about ADEQ's current online tools and public
information systems and questioned whether they are adequate to track
and evaluate potential threats from injection wells.
Comments received outside the scope of this primacy approval action
included concerns about fracking activity, the direct and indirect
costs of producing and burning fossil fuels, the lack of international
considerations, whether the EPA has the authority to ``delegate'' the
UIC program to a State, and the fitness of leadership within the EPA.
The EPA has noted and addressed all topics, including out-of-scope
topics, in the Agency's response to comments document included in the
docket (ID. No. EPA-HQ-OW-2025-0087).
V. The EPA's Action
A. Incorporation by Reference
The EPA is approving the State of Arizona's UIC program primacy
application for regulating Class I-VI injection wells in the State,
except for those located on Indian lands. This action would amend 40
CFR 147.150 and 147.151 and incorporate by reference Arizona's EPA-
approved statutes and regulations that contain standards, requirements,
and procedures applicable to UIC well owners or operators within the
State. Any provisions incorporated by reference, as well as all permit
conditions issued pursuant to such provisions, are enforceable by the
EPA pursuant to SDWA section 1423, 42 U.S.C. 300h-2, and 40 CFR
147.1(e).
The EPA compiled the applicable Arizona statutes and regulations to
be incorporated by reference into 40 CFR 147.150 in a document titled
``Arizona SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations to be Incorporated by Reference,'' dated March
24, 2025. This compilation is publicly available in the EPA's Docket
No. EPA-HQ-OW-2025-0087 for this rulemaking <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA will codify a table in 40 CFR 147.150
listing the EPA-approved Arizona Statutes and Regulations for Well
Classes I-VI that will be incorporated by reference. Additionally, the
EPA lists the other Arizona statutes and regulations containing
standards and procedures that constitute elements of the State's
approved UIC program that do not apply directly to owners or operators
in the amendment to 40 CFR 147.150. In accordance with 40 CFR 147.1(c),
these other statutes and regulations are not incorporated by reference.
B. The EPA's Oversight
The EPA will oversee Arizona's administration of its UIC program,
including by requiring quarterly reports on instances of permittee non-
compliance and annual UIC performance reports pursuant to 40 CFR 144.8.
The MOA between the EPA Region 9 and ADEQ specifies that the EPA will
oversee the State's administration of the UIC program on a continuing
basis to assure that such administration is consistent with the program
MOA, the SDWA and implementing regulations, UIC grant agreements, and
other applicable requirements.
VI. 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
This action is exempt from review under Executive Order 12866,
because the Office of Management and Budget (OMB) has exempted, as a
category, the approval of State UIC programs.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 does not apply because actions that approve
State UIC Programs are exempted from review under Executive Order
12866.
C. Paperwork Reduction Act (PRA)
This action will not impose an information collection burden under
the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2040-0042. Reporting or recordkeeping requirements will
be based on Arizona's UIC regulations, and the State of Arizona is not
subject to the PRA.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any additional burdens on small entities as this
action codifies a State program already in effect and transfers primary
implementation authority from the EPA to a State program with
substantially the same requirements.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any State,
local, or Tribal governments or the private sector. The EPA's approval
of Arizona's UIC program will not constitute a Federal mandate because
there is no requirement that a State establish a UIC regulatory program
and the program is a State program, rather than a Federal program.
F. 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.
[[Page 44332]]
G. 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.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves a State program.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Congressional Review Act (CRA)
This final rule is subject to the CRA, and the 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).
VII. References
Attorney General's Statement, signed by the Assistant Attorney
General, Office of the Arizona Attorney General, September 5, 2024.
Letter from Governor of Arizona to Regional Administrator, EPA
Region 9, February 16, 2024.
Memorandum of Agreement between the State of Arizona Department of
Environmental Quality and the Environmental Protection Agency,
Region 9, signed by the EPA Regional Administrator on March 24,
2025.
Notice of Nomination of Karen Peters to serve as Director of
Environmental Quality, signed by Governor Katie Hobbs, February 19,
2025.
Underground Injection Control State of Arizona Primacy Application,
Copies of all applicable State statutes and regulations, including
those governing State administrative procedures, drafted by Arizona
Department of Environmental Quality. March 10, 2025.
Underground Injection Control Primacy Application, Program
Description ``Arizona Department of Environmental Quality
Underground Injection Control Program Description 40 CFR 145.23.''
March 2025.
Underground Injection Control State of Arizona Primacy Application,
Public Participation Showing, drafted by Arizona Department of
Environmental Quality, February 18, 2025.
U.S. Environmental Protection Agency. Proposed ``Arizona SDWA Sec.
1422 Underground Injection Control Program Statutes and Regulations
to be Incorporated by Reference.'' March 25, 2025. Office of Water.
U.S. Environmental Protection Agency. Arizona UIC Primacy Tribal
Consultation Offer Letter. February 29, 2024.
U.S. Environmental Protection Agency. Tribal Informational Meeting
and Listening Session. Arizona's Application for Primacy to
Administer the Underground Injection Control Program. USEPA Region 9
Groundwater Protection Section--Slide Presentation March 14, 2024.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian--
lands, Intergovernmental relations, Reporting and recordkeeping
requirements, Water supply.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA hereby 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.
0
2. Add Sec. 147.150 to read as follows:
Sec. 147.150 State-administered program--Classes I, II, III, IV, V
and VI wells.
The UIC program for Classes I, II, III, IV, V and VI wells in the
State of Arizona, except those on Indian lands, is the program
administered by the Arizona Department of Environmental Quality,
approved by the EPA pursuant to section 1422 of the SDWA. The effective
date of this program is October 15, 2025. The UIC program for Classes
I, II, III, IV, V and VI wells in the State of Arizona, except those
located on Indian lands, consists of the following elements, as
submitted to the EPA in the State's primacy application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations approved by the EPA in ``Arizona SDWA
Sec. 1422 Underground Injection Control Program Statutes and
Regulations to be Incorporated by Reference'', dated March 24, 2025,
and listed in table 1 to this paragraph (a), are hereby incorporated by
reference and made a part of the applicable UIC program under the SDWA
for the State of Arizona. The Director of the Federal Register approves
this incorporation by reference in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies of the State of Arizona's statutes and
regulations that are incorporated by reference may be obtained from the
State of Arizona Research Library located at 1901 West Madison,
Phoenix, Arizona 85009. Copies of the State of Arizona's statutes and
regulations that are incorporated by reference may be inspected at the
U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street,
San Francisco, CA 94105 and the U.S. Environmental Protection Agency,
Water Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC 20004. If you wish to obtain
materials from the EPA Regional Office, please call (415) 972-3533, or
from the EPA Headquarters Library, please call the Water Docket at
(202) 566-2426. You may also view this material at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#92f4e0bcfbfce1e2f7f1e6fbfdfce1d2fcf3e0f3bcf5fde4"><span class="__cf_email__" data-cfemail="0167732f686f7271646275686e6f72416f6073602f666e77">[email protected]</span></a>.
Table 1 to Paragraph (a)--EPA-Approved Arizona SDWA Sec. 1422 Underground Injection Control Program Statutes and
Regulations for Well Classes I, II, III, IV, V and VI
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
Arizona Revised Statute (ARS) Underground September 24, 2022............. September 15, 2025.
49-257.01 (B) and (C). injection
control permit
program;
permits;
prohibitions;
rules.
[[Page 44333]]
ARS 49-263 (A), (E), and (I). Criminal August 3, 2018................. September 15, 2025.
violations;
classification;
definition.
ARS 49-921................... Definitions..... April 29, 1993................. September 15, 2025.
ARS 13-105.30................ Definitions..... April 14, 2011................. September 15, 2025.
Arizona Administrative Code Underground September 6, 2022.............. September 15, 2025.
Title 18, Chapter 9, Article Injection
6. Control.
----------------------------------------------------------------------------------------------------------------
(b) Other laws. The following statutes and regulations although not
incorporated by reference, also are part of the approved State-
administered program:
(1) A.R.S. section 1-211 (General Rules of Statutory Construction);
(2) A.R.S. sections 13-107, 801, and 803 (Criminal Code);
(3) A.R.S. sections 18-106 (Information Technology);
(4) A.R.S. sections 41-1001, 1001.02, 1002, 1003 through 1010, 1011
through 1013, 1021 through 1067, 1072 through 1093.07, and 2051
(Administrative Procedure);
(5) A.R.S. sections 44-7001 through 7061 (Electronic Transactions);
(6) A.R.S. sections 49-104, 203, 205, 208, 224, 250, 257, 257.01(A)
and (D), 261-262, 263 (B-D) and (F-H), 264, 265, 321 through 324, 922,
and 1403 (The Environment);
(7) A.A.C. R18-1-501 through 525 and Table 10 (Licensing
Timeframes);
(8) A.A.C. R18-9-103, C301 through C304, and E323 (Water Pollution
Control); and
(9) A.A.C. R18-14-101 through 115 (Water Quality Protection Fees).
(c) Memorandum of Agreement (MOA). The Memorandum of Agreement
between the State of Arizona and the EPA, Region 9, signed by the EPA
Regional Administrator on March 24, 2025.
(d) Letter from Governor. Letter from the Governor of Arizona to
the Regional Administrator, EPA Region 9, signed on February 16, 2024.
(e) Statement of legal authority. Attorney General's Statement,
signed by the Attorney General of Arizona on September 5, 2024.
(f) Program Description. The Program Description, ``Arizona
Department of Environmental Quality Underground Injection Control
Program Description (40 CFR 145.23)'', and any other materials
submitted as part of the application or amendment thereto.
0
3. Revise Sec. 147.151 to read as follows:
Sec. 147.151 EPA-administered program.
(a) Contents. The UIC program that applies to all injection
activities on Indian lands in Arizona, except for Class II wells on
Navajo Indian lands for which EPA has granted the Navajo Nation primacy
for the SDWA Class II UIC program (as defined in Sec. 147.3400), is
administered by EPA. The UIC program for Navajo Indian lands, except
for Class II wells on Navajo Indian lands for which EPA has granted the
Navajo Nation primacy for the SDWA Class II UIC program, consists of
the requirements contained in subpart HHH of this part. The program for
all injection activity except that on Navajo Indian lands consists of
the UIC program requirements of parts 124, 144, 146, and 148 of this
title, and any additional requirements set forth in the remainder of
this subpart. Injection well owners and operators, and EPA, shall
comply with the requirements of this paragraph (a).
(b) Effective dates. The effective date for the UIC program on
Indian lands in Arizona, except for the lands of the Navajo Indians, is
June 25, 1984. The effective date for the UIC program on the lands of
the Navajo, except for Class II wells on Navajo Indian lands for which
EPA has granted the Navajo Nation primacy for the SDWA Class II UIC
program (as defined in Sec. 147.3400), is November 25, 1988.
[FR Doc. 2025-17769 Filed 9-12-25; 8:45 am]
BILLING CODE 6560-50-P
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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.