[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Rules and Regulations]
[Pages 14846-14850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05435]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2020-0595; FRL 10018-31-OW]
RIN 2040-ZA35


State of Michigan Underground Injection Control (UIC) Class II 
Program; Primacy Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is 
taking direct final action to approve the State of Michigan's 
Underground Injection Control Class II (UIC) Program for primacy. EPA 
has determined that the State's program is consistent with the 
provisions of the Safe Drinking Water Act (SDWA) at Section 1425 to 
prevent underground injection activities that endanger underground 
sources of drinking water. EPA's approval allows Michigan to implement 
and enforce its state regulations for UIC Class II injection wells 
located within the State. Michigan's authority excludes the regulation 
of injection well Classes I, III, IV, V, and VI, and all wells in 
Indian country, as required by rule under the SDWA.

DATES: This rule is effective on June 17, 2021 without further notice, 
unless EPA receives adverse comment by April 19, 2021. If EPA receives 
adverse comment, the Agency will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect. For judicial review purposes, this final rule is promulgated as 
of June 17, 2021. The incorporation by reference of certain 
publications listed in the rule is approved by the Director of the 
Federal Register as of June 17, 2021.

ADDRESSES: Submit your comments to the public docket for this rule, 
identified by Docket No. EPA-HQ-OW-2020-0595, at https://www.regulations.gov. Follow the online instructions for submitting 
comments. All submissions received must include the Docket ID No. for 
this rulemaking. Comments received may be posted without change to 
https://www.regulations.gov, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Docket Center and Reading Room are closed to the public, with 
limited exceptions, to reduce the risk of transmitting COVID-19. Our 
Docket Center staff will continue to provide remote customer service 
via email, phone, and webform. We encourage the public to submit 
comments via https://www.regulations.gov or email, as there may be a 
delay in processing mail and faxes. Hand deliveries and couriers may be 
received by scheduled appointment only. For further information on EPA 
Docket Center services and the current status, please visit us online 
at https://www.epa.gov/dockets.

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: carey.kyle@epa.gov, or Anna Miller, UIC 
Section, U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, IL 60604; telephone number: (312) 886-7060; email 
address: miller.anna@epa.gov.

SUPPLEMENTARY INFORMATION: This supplementary information is organized 
as follows:

I. Public Participation
II. Direct Final Rule
III. Entities Affected by This Action
IV. Legal Authorities
V. Michigan's Application
    A. Public Participation Activities Conducted by the State of 
Michigan
    B. Notice of Completion and Public Participation Activities 
Conducted by EPA
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 12563: Improving Regulation and Controlling 
Regulatory Costs
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    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. Public Participation

    Submit your written comments, identified by Docket ID No. EPA-HQ-
OW-2020-0595, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from the docket. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Contact 
EPA if you want to submit CBI; see FOR INFORMATION CONTACT section of 
this document. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.
    EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID-19.

II. Direct Final Rule

    EPA published this rule without a prior proposed rule. The Agency 
views this action as noncontroversial and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of the Federal 
Register, EPA is publishing 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

[[Page 14847]]

commenting must do so at this time. For further information about 
commenting 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 consider 
and address all public comments in any subsequent final rule based on 
the proposed rule.

III. Entities Affected by this Action

                           Regulated Entities
------------------------------------------------------------------------
                              Examples of
       Category          potentially regulated  North American  Industry
                               entities           Classification  System
------------------------------------------------------------------------
Industry..............  Private owners and      211111 & 213111.
                         operators of Class II
                         injection wells
                         located within the
                         state (Enhanced
                         Recovery, Produced
                         Fluid Disposal and
                         Hydrocarbon Storage).
------------------------------------------------------------------------

    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.

IV. Legal Authorities

    EPA approves Michigan's UIC Program primacy application for Class 
II 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 
Michigan's program in the Code of Federal Regulations (CFR) at 40 CFR 
part 147, under the authority of the SDWA, Section 1425, 42 U.S.C. 
300h-4. Michigan applied to EPA under Section 1425 of the SDWA for 
primacy for all Class II injection wells within the State except those 
in Indian country.
    The Agency's approval is based on a legal and technical review of 
Michigan's primacy application. The review included an evaluation of 
Michigan's requirements for permitting, compliance evaluation, and 
enforcement and of the programmatic structures and legal authority 
needed to ensure the protection of underground sources of drinking 
water (USDWs) in coordination with EPA. Through this process the Agency 
determined that the State's program is effective. EPA will continue to 
oversee Michigan's administration of the SDWA 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 pursuant to 40 CFR 144.8. The Memorandum of Agreement between 
EPA and Michigan, signed by the EPA Region 5 Regional Administrator on 
October 13, 2020, makes available to EPA any information obtained or 
used by Michigan's Class II UIC program, without restriction. The 
Agency continues to administer the UIC program for Class I, III, VI, V, 
and VI, injection wells in the State and for all wells in Indian 
country.

V. Michigan's Application

A. Public Participation Activities Conducted by the State of Michigan

    The State published a notification in the Michigan Register 
announcing their UIC Class II regulations and requesting comment on 
February 15, 2018. Public comment was accepted through March 16, 2018, 
and a public hearing on the State's regulations and its intent to apply 
for primacy was held on February 28, 2018. Both oral and written 
comments received for the hearing were generally supportive of the 
State pursuing primacy for the UIC Class II injection well program.

B. Notice of Completion and Public Participation Activities Conducted 
by EPA

    On April 15, 2020, the Agency published a notification of 
Michigan's complete application in the Federal Register (80 FR 69629) 
and posted a similar announcement on the EPA Region 5 website. The 
document established a public comment period of 60 days and a public 
hearing on May 27, 2020. The May 27, 2020 public hearing was held 
virtually due to restrictions on meetings imposed by the State of 
Michigan related to COVID-19 and to protect public health. EPA had also 
directly contacted federally recognized tribes in the State of Michigan 
to provide a separate opportunity for consultation on the Michigan 
Class II UIC primacy application. A tribal consultation call was held 
on April 14, 2020.
    EPA received a total of 40 public comments in the electronic 
docket, by paper mail, and during the virtual hearing. Thirty-seven of 
the comments contained general expressions of support for Michigan's 
application. One letter submitted was from a tribal government, 
offering comments and requesting specific information; these comments 
and request were addressed through the tribal consultation process. One 
electronic docket statement was determined to be out of scope of this 
action as it expressed a general desire for Michigan to adopt a clean 
energy statute. One speaker at the virtual hearing asked several 
questions about Michigan's program. The speaker did not make a comment 
or statement about the application.
    Through a March 9, 2020 written letter, EPA invited interested 
tribes to consult regarding the Agency's review of the State's request 
for program approval, in accordance with EPA Policy for Consultation 
and Coordination with Indian Tribes (May 4, 2011). EPA held a telephone 
conference with interested tribes on April 14, 2020. Additionally, EPA 
received written comments from two tribes. EPA communicated the 
concerns raised in these comments via email to the Michigan Department 
of Environment, Great Lakes, and Energy (EGLE) 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.

VI. 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.

[[Page 14848]]

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 EPA-approved state statutes and 
regulations. 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 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 the SDWA Section 
1423 and 40 CFR 147.1(e).
    In order 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 
https://www.regulations.gov in the docket for this rule. EPA has made, 
and will continue to make, these documents generally available through 
https://www.regulations.gov and in hard copy at the EPA Region 5 office 
(see the 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.

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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 direct 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 Section 1425 states 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)

    The Agency certifies that this action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA. In making this determination, the impact of concern is any 
significant adverse economic impact on small entities. An agency may 
certify that a rule will not have a significant economic impact on a 
substantial number of small entities if the rule relieves regulatory 
burden, has no net burden, or otherwise has a positive economic effect 
on the small entities subject to the rule. This action would not impose 
any new requirements on small entities. It simply approves and codifies 
Michigan's Class II UIC program, which meets the same effectiveness 
standard under SDWA Section 1425 for regulating a Class II UIC well 
program. EPA has 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 UIC regulatory 
programs 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 as explained in Section V.B. 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 program.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This 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 that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish 
either a new environmental health or a new safety standard. This action 
is providing Michigan with primacy under the SDWA for the Class II UIC 
program, pursuant to which Michigan will be implementing and enforcing 
a state regulatory program that is as effective as the existing federal 
program.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the

[[Page 14849]]

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.

Jane Nishida,
Acting 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 Section 1425 of the SDWA. 
Notification of this approval was published in the Federal Register on 
March 19, 2021; the effective date of this program is June 17, 2021. 
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 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 the 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 Michigan Department 
of Environment, Great Lakes, and Energy, Oil, Gas, and Minerals 
Division, Constitution Hall, 525 West Allegan, Street, Lansing, 
Michigan 48909, (517) 284-6823; the U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312) 353-2147; 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 Headquarters Library, 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 fedreg.legal@nara.gov, or go to 
www.archives.gov/federal-register/cfr/ibr-locations.html.

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,  March 19, 2021 [Insert
 Protection Act, Act 451 of 1994,                                2004.                    FR citation of the
 Part 615 (Supervisor of Wells),                                                          final rule].
 Michigan Compiled Laws (MCL)
 Sections 324.61501--324.61527.
Natural Resources and Environmental    Permits................  Effective March 29,      March 19, 2021 [Insert
 Protection Act, Act 451 of 1994,                                2019.                    FR citation of the
 Part 13 (Permits), MCL Sections                                                          final rule].
 324.1301-324.1317.
Natural Resources and Environmental    Orphan Well Fund.......  Effective May 24, 1995.  March 19, 2021 [Insert
 Protection Act, Act 451 of 1994,                                                         FR citation of the
 Part 616 (Orphan Well Fund), MCL                                                         final rule].
 Sections 324.61601-324.61607.
Natural Resources and Environmental    Michigan Environmental   Effective March 30,      March 19, 2021 [Insert
 Protection Act, Act 451 of 1994,       Protection Act.          1995.                    FR citation of the
 Part 17 (Michigan Environmental                                                          final rule].
 Protection Act), MCL Sections
 324.1701 -324.1706.
Administrative Procedures Act, Act     Administrative           Effective June 29, 2018  March 19, 2021 [Insert
 306 of 1969, MCL Sections 24.201-      Procedures Act.                                   FR citation of the
 24.328.                                                                                  final rule].
Revised Judicature Act of 1961, Act    Revised Judicature Act.  Effective April 1, 1974  March 19, 2021 [Insert
 236 of 1961, MCL Section 600.631.                                                        FR citation of the
                                                                                          final rule].
Michigan Department of Environmental   Oil and Gas Operations   Effective 2019.........  March 19, 2021 [Insert
 Quality Part 615 (Oil and Gas          (administrative rules).                           FR citation of the
 Operations) Administrative Rules,                                                        final rule].
 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..
Michigan Department of Licensing and   General Provisions       Effective 2003.........  March 19, 2021 [Insert
 Regulatory Affairs (Contested Case     (administrative rules).                           FR citation of the
 Procedures for Department of                                                             final rule].
 Environmental Quality)
 Administrative Rules, MAC, R 324.73
 and R 324.74.

[[Page 14850]]

 
Michigan Department of Licensing and   Declaratory Rulings....  Effective 2003.........  March 19, 2021 [Insert
 Regulatory Affairs (Contested Case    (administrative rules).                            FR citation of the
 Procedures for Department of                                                             final rule].
 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 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), and 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 requirement 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 (1) year following June 17, 2021, 
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 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 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 this paragraph 
(b) within one (1) year of June 17, 2021, the effective date of this 
program.

[FR Doc. 2021-05435 Filed 3-18-21; 8:45 am]
BILLING CODE 6560-50-P


