
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Rules and Regulations]
[Pages 18316-18319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07746]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2011-0520; FRL-9924-92-OW]


State of Tennessee Underground Injection Control (UIC) Program; 
Primacy Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking 
direct final action to approve the State of Tennessee Underground 
Injection Control (UIC) Program for primacy to implement and enforce 
state regulations for all UIC injection wells located within the state, 
except for Class VI and all wells on Indian lands, as required by rule 
under the Safe Drinking Water Act (SDWA). The Agency determined that 
the state's UIC Program is consistent with the provisions of the SDWA 
and is as stringent as all applicable federal regulations to prevent 
underground injection activities that endanger underground sources of 
drinking water.

DATES: This rule is effective on July 6, 2015 without further notice, 
unless EPA receives adverse comment by May 6, 2015. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. For 
judicial purposes, this final rule is promulgated as of July 6, 2015. 
The incorporation by reference of certain publications listed in the 
rule is approved by the Director of the Federal Register as of July 6, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2011-0520, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: OW-Docket@epa.gov.
     Mail: State of Tennessee; Underground Injection Control 
(UIC) Primacy, U.S. Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: Water Docket, EPA Docket Center (EPA/DC) 
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2011-
0520. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All supporting documents in the docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Water Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC; 
and U.S. Environmental Protection Agency, Region 4, Library 9th Floor, 
61 Forsyth Street SW., Atlanta, Georgia 30303. The Water Docket 
Facility Public Reading Room in Washington, DC, is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Public Reading Room telephone number is (202) 566-1744 and the 
telephone number of the Water Docket is (202) 566-2426. The Region 4 
Library is open from 8:00 a.m. to 3:45 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the library is (404) 
562-8190.

FOR FURTHER INFORMATION CONTACT: Marilyn Ginsberg, 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) 564-3881; fax number: 
(202) 564-3754; email address: ginsberg.marilyn@epa.gov or Nancy H. 
Marsh, Safe Drinking Water Branch, U.S. Environmental Protection 
Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303; 
telephone number (404) 562-9450; fax number: (404) 562-9439; email 
address: marsh.nancy@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing a direct final rule?

    EPA published this rule without a prior proposed rule because the 
Agency views this action as noncontroversial and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA published a separate document that serves as the proposed 
rule if the Agency receives adverse comment on this direct final rule. 
The Agency will not institute a second comment period on this action. 
Any parties interested in commenting must do so at this time. For 
further information about commenting

[[Page 18317]]

on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, the Agency will publish a timely 
withdrawal in the Federal Register, informing the public that this 
direct final rule will not take effect. The Agency will then address 
all public comments in any subsequent final rule based on the proposed 
rule.

II. Does this action apply to me?

                           Regulated Entities
------------------------------------------------------------------------
                                                          North American
                                 Examples of potentially     Industry
            Category                regulated entities    Classification
                                                              System
------------------------------------------------------------------------
State, Local, and Tribal         State, local, and                924110
 Governments.                     tribal governments
                                  that own and operate
                                  Class I, II, III, IV,
                                  and V injection wells
                                  located within the
                                  state.
Industry.......................  Private owners and               221310
                                  operators of Class I,
                                  II, III, IV, and V
                                  injection wells
                                  located within the
                                  state.
Municipalities.................  Municipal owners and             924110
                                  operators of Class I,
                                  II, III, IV, and V
                                  injection wells
                                  located within the
                                  state.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides 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. Other types of entities 
not listed in the table could also be regulated. 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.

III. Legal Authorities

    EPA approves the State of Tennessee's UIC Program primacy 
application for Class I, II, III, IV, and V injection wells located 
within the state, as required by rule under the SDWA, to prevent 
underground injection activities that endanger underground sources of 
drinking water. Accordingly, the Agency codifies the state's program in 
the Code of Federal Regulations (CFR) at 40 CFR part 147, under the 
authority of the SDWA, sections 1422 and 1450, 42 U.S.C. 300h-1 and 
300j-9. The state applied to EPA under sections 1422 of the SDWA, 42 
U.S.C. 300h-1, for primacy (primary enforcement responsibility) for all 
UIC classes of injection wells, with the exception of Class VI 
injection wells and all wells on Indian lands.
    The Agency's approval is based on a legal and technical review of 
the state's primacy application as directed at 40 CFR part 145 and the 
requirements for state permitting and compliance evaluation programs, 
enforcement authority and information sharing at 40 CFR parts 124 and 
144, to determine that the state's program is as stringent as all 
applicable federal regulations. EPA oversees the state's administration 
of the UIC program; part of the Agency's oversight responsibility 
requires quarterly reports of non-compliance and annual UIC performance 
reports pursuant to 40 CFR 144.8. The Memorandum of Agreement between 
EPA and the State of Tennessee, signed by the Regional Administrator on 
October 20, 2004, provides the Agency with the opportunity to review 
and comment on all permits. The Agency continues to administer the UIC 
program for Class VI injection wells in the state and all wells on 
Indian lands (if any such lands exist in the state in the future).

IV. Tennessee's Application

A. Public Participation Activities Conducted by the State of Tennessee

    As part of the primacy application requirements, the state held 
three public hearings on the state's intent to apply for primacy. The 
hearings were held on July 9, 17, and 24, 2001, in the cities of 
Jackson, Murfreesboro and Knoxville, respectively. The comments 
received at the hearings were supportive of the state pursuing primacy 
for the UIC program and expressed concerns related to allowing Class I 
injection wells throughout the state. Because of these concerns, the 
state has restricted the use of Class I injection wells to only certain 
parts of the state. The state also placed a ban on the construction and 
operation of Class I hazardous waste injection wells in the state. 
Currently the State of Tennessee has no Class I injection wells.

B. Public Participation Activities Conducted by EPA

    On May 3, 2012, the Agency published a document of the state's 
application in the Federal Register (77 FR 262331). This document 
provided that a public hearing would be held if requested. There was 
one request for a public hearing; therefore, the Agency held a public 
hearing on June, 7, 2012, in Nashville. At the hearing, a commenter 
requested and received clarification from the Agency related to the 
approval of Class V injection wells. The commenter also raised concerns 
regarding state permitting fees and the funding source for the state's 
UIC program. The Agency determined that the fee and funding issues are 
outside the scope of the federal program and are not relevant as to 
whether the state's regulations are as stringent as the federal 
regulations.

C. Incorporation by Reference

    This direct final rule amends 40 CFR part 147 and incorporates by 
reference EPA-approved state statutes and regulations. The provisions 
of the State of Tennessee's Code that contain standards, requirements 
and procedures applicable to owners or operators of UIC well classes I, 
II, III, IV, and V are incorporated by reference into 40 CFR part 147. 
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 the SDWA, section 1423 and 40 CFR 
147.1(e).
    In order to better serve the public, the Agency is reformatting the 
codification of the EPA-approved state statutes and regulations for 
Well Classes I, II, III, IV, and V. Instead of codifying the Tennessee 
Statutes and Regulations as separate paragraphs, the Agency is now 
codifying a binder that contains the EPA-approved Tennessee Statutes 
and Regulations for Well Classes I, II, III, IV, and V. This binder 
will be incorporated by reference into 40 CFR part 147 and available at 
regulations.gov in the docket for this rule. The Agency will also 
codify a table listing the EPA-approved Tennessee Statutes and 
Regulations for Well Classes I, II, III, IV, and V in 40 CFR part 147.

[[Page 18318]]

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
EPA determined that there is no need for an Information Collection 
Request under the Paperwork Reduction Act because this direct final 
rule does not impose any new federal reporting or recordkeeping 
requirements. Reporting or recordkeeping requirements are based on the 
State of Tennessee UIC Regulations, and the state is not subject to the 
Paperwork Reduction Act. However, OMB has previously approved the 
information collection requirements contained in the existing 
regulations (40 CFR parts 144-148) under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB 
control number 2040-0042. The OMB control numbers for EPA's regulations 
in 40 CFR are listed in 40 CFR part 9.

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, 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 new 
requirements on any regulated entities. It simply codifies the State of 
Tennessee's UIC Program regulations, which are at least as stringent as 
the federal regulations. 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 an unfunded mandate as described in 
UMRA, 2 U.S.C. 1521-1538. The action imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

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 as explained in section V.C. Thus, Executive 
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health & 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 V.C.

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 (NTTAA)

    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 believes the human health or environmental risk addressed by 
this action will not have potential disproportionately high and adverse 
human health or environmental effects on minority, low-income or 
indigenous populations because the rule does not affect or change the 
level of protection provided to human health or the environment.

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, 
and Water supply.

    Dated: March 30, 2015.
Gina McCarthy,
Administrator.

    For the reasons set out in the preamble, title 40 of the Code of 
Federal Regulations is amended 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. 300h et seq.; and 42 U.S.C. 6901 et seq.


0
2. Add Sec.  147.2150 to read as follows:


Sec.  147.2150  State-administered program--Class I, II, III, IV, and V 
wells.

    The UIC program for Class I, II, III, IV, and V wells in the State 
of Tennessee, except for those on any Indian lands, is the program 
administered by the Tennessee Department of Environment and 
Conservation, approved by EPA pursuant to section 1422 of the SDWA. 
Notice of this approval was published in the Federal Register on April 
6, 2015; the effective date of this program is July 6, 2015. This 
program consists of the following elements, as submitted to EPA in the 
state's program application.
    (a) Incorporation by reference. The requirements set forth in the 
Tennessee State statutes and regulations cited in the binder (Volumes 1 
and 2) entitled ``EPA-Approved State of Tennessee Safe Drinking Water 
Act section 1422 Underground Injection Control (UIC) Program Statutes 
and Regulations for Well Classes I, II, III, IV, and V,'' dated 
September 2013 and Table 1 to paragraph (a) of this section are hereby 
incorporated by reference and made a part of the applicable UIC program 
under the SDWA for the State of Tennessee. 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 
Tennessee regulations may be obtained or inspected at Tennessee 
Department of Environment and Conservation, 6th Floor, 401 Church 
Street, Nashville, Tennessee 32743, (315) 532-0191, at the 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960, (404) 562-8190 or at the National

[[Page 18319]]

Archives and Records Administration (NARA). For information on 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/locations/.

Table 1 to Paragraph (a) EPA-Approved Tennessee SDWA Section 1422 Underground Injection Control Program Statutes
                             and Regulations for Well Classes I, II, III, IV, and V
----------------------------------------------------------------------------------------------------------------
                                                         State effective
         State citation              Title/subject             date                 EPA approval date \1\
----------------------------------------------------------------------------------------------------------------
Tennessee Code Annotated, Title   Uniform              August 5, 2011.....  4/6/15 [Insert Federal Register
 4, Chapter 5.                     Administrative                            Citation].
                                   Procedures Act.
Tennessee Code Annotated, Title   Subsurface Sewage    August 5, 2011.....  4/6/15 [Insert Federal Register
 68, Chapter 221, Part 4.          Disposal Systems.                         Citation].
Tennessee Code Annotated, Title   Tennessee Safe       July 9, 2012.......  4/6/15 [Insert Federal Register
 68, Chapter 221, Part 7.          Drinking Water Act                        Citation].
                                   of 1983.
Tennessee Code Annotated, Title   Hazardous Waste      July 9, 2012.......  4/6/15 [Insert Federal Register
 68, Chapter 212, Section 101 et   Management Act of                         Citation].
 seq.                              1977.
Tennessee Code Annotated, Title   Hazardous Waste      July 9, 2012.......  4/6/15 [Insert Federal Register
 68, Chapter 212, Section 201 et   Management Act of                         Citation].
 seq.                              1983.
Tennessee Code Annotated, Title   Tennessee            May 10, 2012.......  4/6/15 [Insert Federal Register
 68, Chapter 203.                  Environmental                             Citation].
                                   Protection Fund.
Tennessee Code Annotated, Title   Tennessee Solid      June 25, 2009......  4/6/15 [Insert Federal Register
 68, Chapter 211, Part 1.          Waste Disposal Act.                       Citation].
Tennessee Code Annotated, Title   Tennessee Petroleum  June 29, 2009......  4/6/15 [Insert Federal Register
 68, Chapter 215, Part 1.          Underground                               Citation].
                                   Storage Tank Act.
Tennessee Code Annotated, Title   Water Quality        October 1, 2012....  4/6/15 [Insert Federal Register
 69, Chapter 3, Part 1.            Control Act.                              Citation].
Official Compilation Rules &      Underground          December 11, 2012..  4/6/15 [Insert Federal Register
 Regulations of the State of       Injection Control.                        Citation].
 Tennessee Chapter 0400-45-06.
Official Compilation Rules &      Public Water         December 11, 2012..  4/6/15 [Insert Federal Register
 Regulations of the State of       Systems.                                  Citation].
 Tennessee Chapter 0400-45-01.
Compilation Rules & Regulations   Regulations to       November 24, 2009..  4/6/15 [Insert Federal Register
 of the State of Tennessee         Govern Subsurface                         Citation].
 Chapter 1200-1-6.                 Sewage Disposal
                                   Systems.
Official Compilation Rules &      Hazardous Waste      September 20, 2012.  4/6/15 [Insert Federal Register
 Regulations of the State of       Management.                               Citation].
 Tennessee Chapter 0400-12-01-
 .02(1)(c).
Official Compilation Rules &      Standards For        May 22, 2012.......  4/6/15 [Insert Federal Register
 Regulations of the State of       Protection Against                        Citation].
 Tennessee Chapter 0400-20-05-     Radiation.
 .161.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register document cited in this column for the particular provision.

    (b) Memorandum of Agreement (MOA). The MOA between EPA Region 4 and 
the Tennessee Department of Environment and Conservation signed by EPA 
Regional Administrator on October 20, 2004.
    (c) Statements of legal authority. ``Underground Injection Control 
Program, Attorney General's Statement,'' signed by Attorney General of 
Tennessee on July 26, 2005 and ``Updating the Attorney General's 
Statement on UIC Program Authority,'' signed by General Counsel of the 
Tennessee Department of Environment and Conservation on November 10, 
2011.
    (d) Program description. The Program Description submitted as part 
of Tennessee's application, and any other materials submitted as part 
of this application or as a supplement thereto.

0
3. In Sec.  147.2151, revise the section heading and the first sentence 
in paragraph (a) to read as follows:


Sec.  147.2151  EPA-administered program Class VI and Indian lands.

    (a) Contents. The UIC program for Class VI wells and all wells on 
Indian lands in the State of Tennessee is administered by EPA. ***
* * * * *


Sec. Sec.  147.2154 and 147.2155  [Removed]

0
4. Remove Sec. Sec.  147.2154 and 147.2155.

[FR Doc. 2015-07746 Filed 4-3-15; 8:45 am]
 BILLING CODE 6560-50-P


