	TABLE OF CONTENTS

	FORT PECK ASSINIBOINE & SIOUX TRIBES

	UNDERGROUND INJECTION CONTROL

	PROGRAM DESCRIPTION

I.  Administration						Page No.

	Scope								3

	Organization and Staffing					3

	Budget								5

	Public Hearings						6

II.  General Permit Procedures

	

	Introduction							7	

Permit Application Contents					7

	Permit Application Processing				8

	Permit Transfers						9	

Emergency Permits						9

	Five Year Schedule to Reissue OEP Permits			10

	Aquifer Identification and Exemptions			10	

Area of Review and Corrective Action			11	

Modification or Termination of a Permit			12

	Forms								12

III.  Operating Requirements

	New Operating Requirements of Tribal Program		12	

Construction Requirements					12	

Mechanical Integrity						13	

Plugging and Abandonment					14	

Owner/Operator Reporting Requirements			14	

Waiver of Requirements					15

IV.  Compliance

	Compliance Strategy						15

	Identification of Regulated Community			15	

Promoting Voluntary Compliance				15

	Compliance Monitoring					15

V.  Enforcement and Enforcement Response

	Goals and Objectives						20	

Types of Non Compliance					20	

Response to Non Compliance					20	

Elevation of Enforcement Responses				21	

Administrative Order Procedures				21	

Civil Judicial Procedures					22	

Penalties							23	

Criminal Non Compliance					23	

Appeal of Enforcement Actions				23

VI.  Tribal/Federal Enforcement Relationship    			23

VII.  Quality Assurance						24

Appendices

APPENDIX A - OEP Organization Chart

APPENDIX B - Tribal Resolution for Committee Reporting

APPENDIX C - Tribal UIC Forms

APPENDIX D - List of References for USDW Determination

APPENDIX E - Permit and Public Notification Flow Charts

APPENDIX F - Current UIC Well Inventory for Fort Peck

APPENDIX G - Significant and Non Significant Non Compliance Definitions

APPENDIX H - EPA Guidance Document #79

APPENDIX I - Table of Enforcement Responses

APPENDIX J - Memorandum of Agreement Fort Peck Tribe/EPA

APPENDIX K - Reconnaissance of Ground-Water Resources of the Fort 

		   Peck Indian Reservation, Northeastern Montana,

		   Report No. 91-4032, Joanna N. Thamke, USGS



	ADMINISTRATION

	A.	Scope and Coverage of the Fort Peck Tribes' Underground Injection
Control (UIC) Program

	The Fort Peck Assiniboine and Sioux Tribes exercise authority over the
Fort Peck Reservation (“Reservation”) pursuant to a Constitution and
Bylaws approved by the Secretary of the Interior in 1960.  This
constitution establishes the governing body and its authority to
administer the overall affairs of the Reservation, including
environmental affairs.

	The Fort Peck Tribes will assume primary responsibility for regulating
all Class II injection wells within the exterior boundaries of the
Reservation.  Class II injection wells include salt water disposal
wells, enhanced oil recovery wells, and hydrocarbon storage wells.  The
Tribes' Class II program will be administered by the Office of
Environmental Protection (OEP).

	The objective of the Tribes' program will be to prevent Class II
injection wells from being operated in a manner that could contaminate
underground sources of drinking water.  The term underground sources of
drinking water (USDWs) is defined in the Tribal Code in the same manner
as in federal regulations.  Generally, USDWs include aquifers with fewer
than 10,000 milligrams per liter of total dissolved solids, and the term
encompasses potential as well as actual drinking water sources.  

	B.	Organization & Staffing & Jurisdiction

	The Fort Peck Tribes' OEP will serve as the lead agency for the
Underground Injection Control (UIC) grant.  See Chart in Appendix A. 
The Tribes will provide minimum of 25% of the funding for the Class II
UIC program on the Reservation.

		

	The Tribal Executive Board ("Board"), which consists of fifteen
enrolled members of the Fort Peck Tribes, is the governing body of the
Reservation.  The Board includes a Chairman, Vice Chairman, and Sergeant
at Arms, each of whom is a non-voting member except the chairman, who
votes in case of a tie among the voting members.  The Board also
includes twelve voting members, who comprise the Business Committees
discussed below.  At the discretion of the Board, a Secretary-Accountant
is appointed either from within its membership or from among the tribal
membership.

	The Board has established eight Business Committees.  The eight
committees are the Constitutional Reform/Legislative/Resolution
Committee, the Law and Justice Committee, the Finance Committee, the
Health and Human Services Committee, the Land Committee, the Finance
Committee, the Economic Development Committee, and the Natural
Resources/Minerals Committee.  Each committee is composed of six of the
twelve voting Board members, with the exception of the Land, Natural
Resources/Minerals, and the Constitutional/Legislative/Resolutions
Committee, on which all twelve voting Board members sit.  A committee
chairman and secretary are selected from within the committee
membership.

 

	The OEP reports to both the Land Committee.  For UIC matters, the OEP
reports to the Natural Resources/Minerals Committee, as provided in
Resolution No. 2524-91-8 (Appendix B) of the Board.  For all other
matters, the OEP reports to the Land Committee.

	The Natural Resources/Minerals Committee and the Board must approve all
codes, rules, and regulations (and any amendments thereto) for
underground injection control on the Reservation.  However, the Natural
Resources/Minerals Committee and Board does not have jurisdiction over
UIC enforcement actions or UIC permits.   These actions will be handled
completely by OEP staff and any appeal will go to Tribal Court.

	The OEP will work under a Memorandum of Agreement (MOA) between the
Fort Peck Tribes and the U.S. Environmental Protection Agency (EPA) for
the coordination and management of the UIC program on the Reservation. 
EPA will maintain primary enforcement authority for Class I, III, IV,
and V wells within the exterior boundaries of the Reservation.

	The OEP will, as appropriate, recommend amendments to rules and
regulations for the Fort Peck Tribes' UIC Program.  The OEP will notify
the Natural Resources/Minerals Committee and Board of any rule changes
that are necessary for the Tribes to obtain and/or maintain primary
enforcement responsibility over Class II injection wells on the
Reservation.

	General duties of the current OEP/Tribal Staff by position are as
follows:

Environmental Programs Manager

Issues permits, aquifer exemptions, orders, notices of violations,
administrative enforcement orders, and other formal OEP actions. 
Maintains and handles personnel and budget matters.  Prepares grant
requests. Liaison with the Board and Chairman of the Tribes.  Reviews
all Class II injection well permit applications for accuracy and
completeness, prepares drafts of permits and orders, reviews and makes
recommendations to EPA on applications for aquifer exemptions, provides
field supervision of monitoring tests, verifies well status, verifies
permit and program compliance, location of injection wells, and
evaluates their potential for contaminating USDWs.  Follows up on
non-compliance by initiating both informal and formal enforcement
actions. Provides all required reports to the Director, Tribal and EPA
Program contacts, acts as liaison with related governmental agencies,
the regulated community, and the general public.  Prepares notices for
hearings, permit applications, and permit modifications and notices of
violations.  Prepares formal written enforcement actions including
administrative orders and case referral information for civil judicial
cases.  Time allocation is 50% for a two-year cost of $51,833.

	Administrative Assistant

Types, posts, and files notices, mails copies of orders to applicants
and other parties as required, assists Director and Environmental
Programs Manager with UIC budgetary and administrative tasks.  Time
allocation is 10% at a two year budgeted amount of $5,624.

	Geologist

The Geologist will be contracted on an as needed basis.  Upon request of
the Environmental Programs Manager, the geologist reviews the geological
aspects of permit applications such as the formation lithology to ensure
protection of drinking water zones.   The contract amount is $ 500 per
year for a total of $1000 over a two year period.

Attorney Contract

The Tribes will retain legal counsel whose primary duties will be to
initiate civil and/or criminal proceedings, review amendments to UIC
rules, regulations, and codes, assist with appeals, and advise on
regulatory procedure.  The general counsel contract is renewed every
year and the expected expenses for only UIC activities would be $2500
per year.

Two Year UIC Updated (2/26/08) Budget, Fort Peck Tribes





Updated 

Personnel



Budget

	UIC Program Manager	51833

	Administrative Assistant	5624

	TOTAL Personnel

57457







	Fringe @22%

12641

Travel





	Local Mileage

0

	Out of  State

4000

	TOTAL TRAVEL

4000

Contract





	Attorney

	5000

	Geologist

	1000

	Environmental Engineer

0

Other	TOTAL CONTRACTUAL	6000







	Office Supplies

800

	Postage

	480

	Training

	2000

	Public Hearings

1200

	Computer Rental

960

	GSA Rental @15%

1806

	TOTAL OTHER 

7246













	Total Direct Costs 

87344

	Indirect @ 11.65%

9477







	Total Program 2 year cost	96820













	Estimated EPA Contribution

50,000

	Well Fees

	5200

	Tribal Contribution

41,620







	Annual Tribal Requirement	20810



	This program will be incorporated under the Tribes’ Performance
Partnership Grant program in cooperation with EPA.  Core measures under
the UIC Performance Partnership Grant will be negotiated annually with
the Program Officer for the Fort Peck Tribes.

		Public Hearings

	OEP shall schedule public hearings as soon as practicable after
receiving a request for hearing pursuant to the Comprehensive Code of
Justice (CCOJ) and notify the person requesting the hearing.  Notice of
the hearing shall be posted prior to the hearing in a prominent public
place and published in a local newspaper.  

	OEP shall compile the administrative record to that date and provide
any party the right to examine the record prior to the hearing.  The
aggrieved party and any interested party shall have the right to respond
to the record prior to the hearing.  Thereafter, the Director shall
maintain the administrative record and shall include all evidence,
written statements, correspondence, hearing record, and any other
relevant matters. Hearing proceedings shall be recorded.

	The Environmental Programs Manager of the OEP shall preside over any
hearing held.  The aggrieved party and any interested person shall have
the right to participate as parties, to present oral and written
testimony of witnesses under oath, and to be represented by counsel at
their own expense.  The Environmental Programs Manager shall have the
power to administer oaths to witnesses, to take evidence under oath, and
to issue subpoenas to compel attendance of witnesses or for the
production of books, records, documents, and other evidence. The Fort
Peck Tribal Court shall enforce any subpoena issued by the OEP in the
same manner as the Court enforces its own subpoenas.  The ordinary rules
of evidence shall not apply in any hearing, but evidence that is
irrelevant, cumulative, unduly prejudicial, or would otherwise be unfair
if admitted, shall be excluded or may be admitted by the OEP only under
special conditions or stipulations.

	The Tribes may participate in any hearing as a party and may present
oral or written testimony of witnesses under oath.  The OEP, may, in
addition to the administrative record and evidence of record at the
hearing, rely in its decision upon such public information and such of
its own expertise as it deems necessary to assist it in making a
decision.  The OEP Environmental Programs Manager may, at his or her
discretion, request or permit the parties to submit additional materials
or briefs after the hearing.

	The OEP Environmental Programs Manager shall issue a written decision
setting forth pertinent findings of fact and an ultimate determination
on the subject of the hearing.  The decision shall be delivered to all
parties by registered mail, return receipt requested.  

	Within fourteen (14) calendar days after the decision, any party may
request the OEP to reconsider the decision.  A petition for
reconsideration shall be in writing and state concisely the errors in
the decision the petitioner claims should be reconsidered.  A petition
for reconsideration shall be served on all other parties to the
proceeding by registered mail, return receipt requested.  Any party who
wishes to respond to a petition for reconsideration must do so within
fourteen (14) calendar days of their service of the petition, serving a
copy of his/her response on all other parties to the proceeding by
registered mail, return receipt requested.

	The OEP will not grant any petition for reconsideration without
scheduling an additional hearing with proper notice to all parties. 
After the hearing, the OEP may affirm, nullify, or revise its earlier
decision.  Any revised decision shall be a final OEP decision and may be
appealed to the Tribal Court of Appeals as provided in the CCOJ.

II.  GENERAL PERMIT PROCEDURES

	The Tribes' CCOJ prohibits injection into a Class II well without a
permit issued by either the OEP or the EPA.  All permits will contain,
at a minimum, the permit conditions required by Chapter 3 of the CCOJ,
Title XVIII.

	In general, the Tribes propose to use the notice-hearing-order issuance
process to permit all new injection wells either on a well by well basis
or as an area permit.  Hearings may be conducted on permit requests
based on any objections in the notice phase of the permit process. 

	

A.	Permit Application Contents

	

	When a facility or activity is owned by one person but is operated by
another person, it is the operator’s duty to obtain a permit.  All
permit applicants shall provide OEP with the information set out in the
EPA Form 7520-6, which the Tribes will use until a tribal form is
developed, attached in Appendix C.  The OEP will require the same
information EPA requires from permit applicants, except that OEP will
also require that each application include a surety bond to demonstrate
financial responsibility for the cost of plugging and abandonment of the
well and a cement bond log (CBL) to demonstrate proper well construction
for existing wells.  For wells that are to be newly constructed or
converted, the surety bond will include the estimated plugging cost of
the proposed construction and a CBL will be required before
authorization to inject is granted as required in CCOJ Title XVIII
Section 302(a).   

	

	All permit applications and required reports shall be signed by the
well operator's principal executive officer, or a duly authorized
representative, and shall make the certification printed on the permit
application.  Applicants shall keep records of all data used to complete
permit applications and any supplemental information for at least three
years following the date the application is signed as required by CCOJ
Title XVIII Section 302(b)(1).

	The Tribes will be authorized to charge a permit fee, with the amount
to be set at $200 annually, in order to cover expenses associated with
administering the Class II program.

	B.  Permit Application Processing

	After an application is received, the process is:

1.  Within thirty (30) calendar days of receipt of an application for a
new Class II injection well, the application will be checked for
completeness and adequate demonstration of financial responsibility to
cover the cost of plugging the well.

2. The Environmental Programs Manager will review the application for
accuracy, completeness, and conformance with requirements and develop
any proposed operating limitations, special permit conditions, or
recommendation to deny. The review will include an evaluation of
hydrologic/geologic information including aquifer depths and quality
information, confining zones, fracture pressures, well logs, and well
field information available from operators and other sources.  This
information is available from existing publications listed in Appendix
D.  If an application is not complete, the Environmental Programs
Manager will request additional information in writing.  An application
will not be considered complete until all information is received.  A
draft permit and/or fact sheet will be completed within thirty (30)
calendar days of receiving a complete application.  

3.  After the draft permit and/or fact sheet is completed, the
Environmental Programs Manager will issue a public notice of the
proposed action which will include a tentative hearing date, time,
location, and an address for requesting a fact sheet.  The public notice
will be published in a newspaper of general circulation at least once a
week for three weeks.  The Environmental Programs Manager shall provide
notice to interested parties and all land and mineral owners within a
quarter mile radius of the proposed injection well.  This notice will be
made based on a list of such owners provided by the applicant.  Any
hearings will be held no sooner than 30 calendar days after the first
publication of the public notice. If no objections are received during
the public comment period, the well may be approved administratively. 
If an objection is received, the matter will be docketed for hearing. 
After considering all testimony and comments submitted, the
Environmental Programs Manager shall notify the applicant and commenters
of the final permit decision and provide to the applicant and commenters
an explanation of the procedures for appealing the Environmental
Programs Manager’s permit decision.  All appeals must be filed within
thirty (30) calendar days of the Environmental Programs Manager’s
decision.

	

	All permit decisions can be appealed according to the provisions
outlined in the CCOJ Title XVIII Section 801(i) & Sections 701 (a)-(c). 
The permit approval process flowchart is in Appendix E.

	C.	Permit Transfers

	

	The Environmental Programs Manager must be notified by the permittee of
his/her intent to transfer ownership of a well.  This will require a
submittal of a completed Request to Transfer Form #92-001.  The new
owner/operator must submit proof of financial responsibility for the
plugging and abandonment of the injection well or wells before any
transfer is valid.  The new owner/operator may not begin injection until
the new owner/operator has received written authorization from the
Environmental Programs Manager allowing the transfer of the permit and
authorizing injection to begin.  The prior owner/operator may continue
operating the injection well until formal approval is given to the new
owner/operator and will continue to be responsible for compliance with
permit and program requirements until transfer is approved.

	D.	Emergency Permits

	

	The Environmental Programs Manager may issue a temporary emergency
permit for a specific injection well in accordance with the approved
regulations which ensure protection of USDWs.  As is the case with all
permits, violation of any condition of the permit is grounds for
termination and enforcement under Safe Drinking Water Act (SDWA) Section
1423 (42 U.S.C. Section 300h-2).

	Notice of the issuance of any temporary permit shall be published
within ten (10) days of issuance.  This notice will contain information
similar to that provided for a routine permit (Section B.3).  No sooner
than thirty (30) days after the first publication of the notice, the
Environmental Programs Manager may conduct a hearing in accordance with
the public notification procedures under the CCOJ Title XVIII, Section
402.

	E.  Five-Year Schedule for OEP to Re-Issue Permits

	Permits previously issued by EPA for existing Class II injection wells
will be recognized by the Tribes from the effective date of EPA's
approval of the Fort Peck Tribes' Class II UIC Program.  Tribal permits
will be issued on all existing EPA permitted wells within five years of
program delegation.  Operators of existing EPA-permitted wells shall be
required to submit complete permit applications to OEP within thirty
(30) days of a written request from the Environmental Programs Manager.
If a CBL has not been run on an existing EPA permitted injection well,
CBL's will be required by the Tribes when the well is permitted or when
a workover is performed, whichever occurs first.   The OEP will issue
permits to at least twenty (20) percent of the existing EPA permitted
wells each year following program delegation, until all the
EPA-permitted wells have been permitted by OEP.

	In issuing OEP permits for existing EPA-permitted wells, OEP will give
priority to wells posing potential risks to USDWs.  Risk factors to be
considered include the age of the well, injection formation, injection
rate, intervening thickness, injection fluid, injection pressure, and
workover history.  The Tribes have developed a database for this
information using dBase IV.  This information is also hard filed in the
OEP offices.  A copy of the current injection well inventory is included
in Appendix F.  

	F.  Aquifer Identification and Exemptions

	The Environmental Programs Manager shall identify and protect all
aquifers or parts of aquifers that serve as USDWs.  If an aquifer falls
under the definition of a USDW, it may be exempted if it meets the
following criteria:

	It does not currently serve as a source of drinking water, and;

	It cannot now and will not in the future serve as a source of drinking
water because:

	It is mineral, hydrocarbon, or geothermal energy producing; or

	It is situated at a depth or location which makes recovery of water for
drinking water purposes economically or technologically impractical; or

	It is so contaminated that it would be economically or technologically
impractical to render that water fit for human consumption, or

	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse; or

3.	It contains a total concentration of greater then 3000 mg/l and less
than 10,000 mg/l total dissolved solids (TDS) and it is not reasonably
expected to supply a public water system.

	Drinking water aquifers on the Reservation are described in detail in
the Reconnaissance of Ground-Water Resources of the Fort Peck Indian
Reservation, Northeastern Montana, Joanna N. Thamke, U.S.G.S. Water
Resources Investigations Report 91-4032 located in Appendix K.

	Anyone wishing to designate an aquifer or portion of an aquifer as an
"exempted aquifer" is required to submit supportive data for the
request.  All new requests for an "aquifer exemption" for the Judith
River formation will be denied.  Aquifer exemptions currently approved
by EPA permits will be approved by OEP upon delegation of the UIC
program to the Tribes from EPA.  Wells currently injecting into the
Judith River Formation will be declared illegal and operators injecting
into the Judith River will be required to recomplete to the Dakota Sand
or another formation acceptable to the OEP Environmental Programs
Manager when the well is permitted by the OEP or within a time period to
be specified by the Environmental Programs Manager. 

	Currently, injection zones include 15 wells in the Dakota, six wells in
the Nisku, one well in the Firemoon, one well in the Madison Formation
Mission Canyon, and one in the Judith River, that is the only exempted
aquifer permitted for injection.  The Dakota ranges in depth from 3300
feet to 4000 feet and is confined by the Skull Creek formation on the
top and the Morrison formation on the bottom.  The Nisku ranges in depth
from 6000 feet to 8000 feet and is confined by the Three Forks Shale on
the top and the Duperow formation on the bottom.  The Firemoon formation
ranges in depth from 4500 feet to 6500 feet and is confined by the
Bowes-Reardon and the Tampico formations.  The Madison Formation Mission
Canyon ranges in depth from 6500 feet to 6800 feet and is confined by
the Green Point Anhydrite and the Mission Canyon.

	

Any aquifer exemptions requests will be submitted to EPA for approval in
accordance with 40 Code of Federal Regulations (CFR) 144.7(b)(3) and EPA
National Guidance #34.

	

	All current information on aquifers gathered by existing agencies
within the state will be used for determining exemption status.  These
sources are listed in Appendix D.

	G.  Area of Review and Corrective Action

	Under Title XVIII of the CCOJ, Sections 302(b) (13) and (14), the area
of review is determined, and the regulations for requiring corrective
action on wells which may serve as a conduit for migration of the
injected and/or formation fluid into a USDW are authorized.  These
regulations are incorporated by reference from 40 CFR Sections 144.55(a)
and (b)(2) and (3), and 146.7.

	The standard area of review is a quarter mile radius from the wellbore.
 However, the OEP may also use a radial flow equation to determine a
zone of influence for the Class II well.  The depth of adjacent wells
will be used to determine whether any wells in this zone of endangering
influence penetrate the injection zone.  If adjacent wells penetrate the
zone of endangering influence, records will be checked to verify the
adequacy of their completion, or plugging procedures.  If wells are
located within this zone and/or the quarter mile radius, and completion
or plugging records show an inadequacy, then appropriate corrective
action will be prescribed as a condition of the permit authorizing
injection.  Final authorization will not be granted until the adjacent
well's mechanical integrity and the mandated corrective action are field
verified by a Tribal inspector.

	Corrective action may include, but is not limited to:  (1)
Modifications of adjacent wells within the area of review including
re-cementing, plugging or re-plugging; (2) A more stringent monitoring
program; (3) Periodic testing of fluid of other wells within the area of
review; and 

(4) Any other additional permit conditions to assure protection of
groundwater.

H.  Modification or Termination of a Permit

	Modification or termination of permits will be conducted according the
regulations in 40 CFR 144.39 and 144.40 which have been incorporated by
reference in the Tribes’ CCOJ Title XVIII under Sections 402(c) and
(d).

	

	I.  Forms

	All forms for the Fort Peck Tribes’ UIC program are in Appendix C.

III. OPERATING REQUIREMENTS

	A.  New Operating Requirements for Tribal Program

	All injection wells must be completed, equipped, operated, maintained,
and abandoned to confine the injected fluids within the approved
intervals and protect USDWs. Upon primacy delegation, all UIC wells will
be required to operate according to the provisions outlined in the EPA
permits and also to the following specific Tribal program requirements
when the permits are modified:  

1.	All wells must maintain pressure gauges in good working condition on
the tubing and annulus for instantaneous monitoring purposes;

2.	All operators will be required to provide the OEP with 24 hour
advance notification of any workovers;

3.	Temporarily abandoned wells, which are wells in which    no fluid has
been placed for three consecutive months, will be inspected at least
annually, and must demonstrate every two years to the satisfaction of
the Environmental Programs Manager that the well will not endanger USDWs
during the period of temporary abandonment.  These actions and
procedures shall include compliance with the technical requirements
applicable to active injection wells unless waived by the Environmental
Programs Manager.  The owner/operator of a temporarily abandoned well
shall notify the Environmental Programs Manager prior to resuming
injection.

	B.  Construction Requirements

	Construction requirements shall be in accordance with 40 CFR Part
146.22.

	C.  Mechanical Integrity

	

	Mechanical integrity tests (MITs) will be conducted to assure there
are:  1) no significant leaks in the casing, tubing or packer which
could pose a threat to USDWs (Part I); and 2) to ensure that there is no
significant fluid movement into a USDW (Part II).  

	Mechanical integrity will be required to be demonstrated through the
use of pressure tests and CBLs temperature logs, noise logs, radioactive
tracer surveys, or oxygen activation logs (Part II), as prescribed by
the OEP. To assure that the test pressure will detect significant leaks
and that the casing is subjected to pressure similar to that which would
be applied if the tubing or packer fails, the tubing/casing annulus
should be tested at a pressure equal to the maximum allowed injection
pressure or 1000 psig whichever is less. The annular test pressure must,
however, have a difference of at least 200 psig either greater or less
than the injection tubing pressure. Wells whose maximum allowable
injection pressure is less than or equal to 300 psig must test at a
minimum pressure of 300 psig, and the pressure difference between the
annulus and the injection tubing must be at least 200 psig.  The test
will be run for thirty (30) minutes with no more than a 10% pressure
variance. OEP may provide the gauges to be used during the MIT that the
operator may be required to install at the request of the OEP's
representative. External mechanical integrity will be demonstrated by
CBLs, temperature logs, noise logs, radioactive tracer surveys, or
oxygen activation logs (Part II), as prescribed by the OEP.  Prior to
receiving authorization to inject, new wells will be required to
complete Part II MIT’s to demonstrate no fluid movement into a USDW
through vertical channels adjacent to the well bore by identifying
cement tops in the casing profile.  For existing wells, a Part II MIT
will be required during the next scheduled workover.  

	The Environmental Programs Manager may allow the use of a test to
demonstrate mechanical integrity other than those discussed above with
the written approval of the Regional Administrator.  To obtain approval,
the Environmental Programs Manager shall submit a written request to the
Administrator, which shall set forth the proposed test and all technical
data supporting its use.  The Administrator shall approve the request if
it will reliably demonstrate the mechanical integrity of wells for which
its use is proposed.  Any alternate method approved by the Administrator
shall be published in the Federal Register and may be used unless its
use is restricted at the time of approval by the Administrator.  In
conducting and evaluating the tests, the owner or operator and the
Director shall apply methods and standards generally accepted in the
industry.  When the owner or operator reports the results of MITs to the
Director, he /she shall include a description of the test(s) and the
method(s) used.  In making his/her evaluation, the Director shall review
monitoring and other test data submitted since the previous evaluation.

	OEP will schedule and witness all routine Part I MITs.  Part I MITs
will be required prior to injection on newly constructed wells. 
Existing wells will be tested every five years and before resuming
injection after all workovers.  Operators must notify the OEP of a non
routine Part I MIT 24 hours prior to running it.  A subsequent report of
the test is required whether or not the test was witnessed and must be
certified true and correct.

	If a well fails a Part I or Part II MIT, repair or re-working will be
required.  A re-test to demonstrate mechanical integrity will be
required subsequent to any operation that unseats the packer or results
in the repair or replacement of the tubing or packer.  Wells may be shut
in after a failed MIT if the Environmental Programs Manager determines
that the well may have the potential to contaminate a USDW.  Injection
may resume only after a written approval is submitted by the
Environmental Programs Manager. 

	All injection well owner/operators will be required to observe and
report injection pressure monthly and annually in the forms provided to
operators by the OEP.  However, operators need to make an effort to
observe their wells on a weekly basis to ensure that operations are not
endangering an underground source of drinking water.

	D.  Plugging and Abandonment

	Before starting to plug and abandon any Class II well, the owner or
operator shall give thirty  (30) calendar days notice to the OEP and
obtain approval.

	In cases where an operator has refused or neglected to plug a well, OEP
will not release the surety bond filed with the OEP until the well is
properly plugged and abandoned in accordance with the CCOJ Title XVIII,
Section 502 (d).  

	Within thirty (30) calendar days after the plugging of any well has
been accomplished, the owner or operator shall file a plugging report
with OEP.  The report shall give a detailed account of the manner in
which the plugging work was carried out, including the nature and
quantities of materials used in plugging, and the location and extent
(by depths) of the plugs of different materials, records of any tests or
measurements made and the amount, size and location (by depths) of
casing left in the well, and statement of the volume of mud fluid used. 
If an attempt was made to part any casing, a complete report of the
method used and results obtained must be included.

	

	E.  Owner/Operator Reporting Requirements

	

	Reporting requirements include an annual fluid analysis report, a well
rework record, an annual disposal/injection well monitoring report, a
plugging report, monthly injection report, and if applicable, a non
hazardous waste hauler document.  Additionally, OEP may require
additional reports as specified in the permits as allowed under 40 CFR
144.28 (f) and (g).

	Operators must, according to CCOJ Title XVIII, Section 302(b)(14), also
notify the OEP 24 hours prior to any workover and must also notify the
OEP within 24 hours when a well loses mechanical integrity.  Transfer
requests must be approved by the Environmental Programs Manager in
advance of the transfer to ensure adequate financial assurance.

F.  Waiver of Requirements

	Some of these requirements may be waived by the Environmental Programs
Manager of the OEP according to the criteria listed in 40 CFR Part
144.16.

IV.  COMPLIANCE 

		

	A.  Compliance Strategy

	The purpose of the compliance strategy is to develop and maintain
consistent procedures whereby the Fort Peck Tribes' OEP will protect
USDWs from contamination due to Class II injection wells and provide
owners/operators of Class II injection wells with a consistent response
from the Fort Peck Tribes for all instances of non-compliance.

	

	B.  Identification of the Regulated Community

	Because the Fort Peck Tribes have elected to apply for Sections 1422
and 1425 of the SDWA for Class II wells within the exterior boundaries
of the Reservation, the regulated community will consist of any owner or
operator of a Class II injection well on the Reservation.   

	C.  Promoting Voluntary Compliance

	Voluntary compliance is enhanced through the education of
owners/operators and the general public.  Owner/operator outreach
includes direct mailings, personal contact with owners/operators,
inspections, field visits, and public notices.  These same notification
methods will be used to inform the regulated community of new regulatory
requirements. Outreach efforts must also be directed to public interest
groups both within and outside the oil and gas industry.

	A public hearing will be held on the Tribal UIC program and anyone may
obtain a fact sheet and the Program Description upon request.  All
owners/operators will be notified via certified mail of the Tribal
primacy application, the fact sheet, and where to obtain copies of the
UIC Code and Program Description will also be included.

	News releases will be published when the program is approved by EPA and
when any new regulations for the UIC program are adopted by the Tribal
Council.  Draft permit and permit approval notices will be published in
the local paper.  Fact sheets will be drafted for all draft permits and
for changes in the regulations which may affect owners/operators of
injection wells.  These fact sheets will be sent to owners/operators in
the well inventory.

	D.  Compliance Monitoring 

		1.  Goals and Objectives

	Monitoring the activity of injection wells will verify 
owners/operators of injection wells are in compliance with regulatory
requirements and will serve to get wells back into compliance quickly
and effectively.

		2.  Compliance Monitoring Activities

			a.  Permit Reviews

		All wells whose federal UIC permit applications are actively being
reviewed (i.e. assigned to a federal UIC permit writer) will be
permitted by EPA Region VIII before the Fort Peck Tribes will be
prepared to accept primacy.  This action will facilitate an easier
transition from a federal to a Tribal program.  		

				i.  Permit Conditions

		OEP will review the permit for each well at least once 	every five
years, or more frequently if circumstances warrant, to assure that the
permit conditions are adequate to assure protection of USDWs.  Injection
pressure calculations and volume calculations will be reviewed using any
additional information on the injection formation, injection rate,
injection fluid, and/or new EPA-approved formulas used for calculating
permit conditions.  During the first five years after program
delegation, permit reviews will be primarily related to issuance of OEP
permits for wells already holding EPA permits.  Thereafter, OEP will
continue to review permits every five years to ensure permit conditions
continue to adequately protect USDWs. 

				ii.  Well Construction

 		The well construction permit review will include an 	examination of
data concerning the age of the well, injection formation, injection
rate, intervening thickness, injection fluid, injection pressure,
workover history, and construction records.  If no CBL  has been
submitted for a particular well, the OEP will require submission of a
CBL when the next workover on the well is completed.  Based on the
permit review, OEP will determine whether upon reissuance, the permit
should include more stringent conditions.

				iii.  Financial Responsibility

		The OEP will review financial assurance documentation 	every 5 years
in order to determine whether the surety bond remains adequate to cover
costs of plugging and abandonment.

			b.  Compliance Reviews

		Annual compliance reviews for all active and temporarily abandoned
wells will be part of the compliance strategy and will include review of
all Class II wells, including temporarily abandoned wells, with special
emphasis on commercial disposal operations.

				i.  Monitoring Reports

		All reports submitted by each owner/operator since 	the last
compliance review will be evaluated.  These reports include but shall
not be limited to routine disposal/injection well monitoring reports,
rework records, completion reports for brine disposal and enhanced
recovery wells, plugging reports, any water quality sampling reports,
and any emergency reports.

	  	The reports will be compared to previous reports, 	field
observations, and permit conditions in order to note any discrepancies
and/or possible violations.  All hard copy reports will be filed in the
injection well's compliance file in the OEP.  Copies of all reports
shall be available to the public upon request, unless the OEP grants an
owner/operator's request to have the information considered
confidential.

				ii.  Mechanical Integrity Tests

	Each year, MITs conducted during the past year will be reviewed, hard
filed, and entered into the electronic data tracking software and a new
five year retest date determined.  MIT schedules will be reviewed for
scheduling and updated as necessary.

				iii.  Inspection Reports

			

	Inspection reports will be compared with permit limits to ensure that
the well is operating in compliance with permit conditions.  Inspection
reports can include pressure readings on the tubing and annulus, well
status, cumulative barrels injected, and the results of any samples if
taken.

				iv.  Compliance or Enforcement Status

		

	The compliance file will be reviewed to ensure that the injection well
operator has complied with any order or permit modification issued by
the OEP since the last review.  In the event of an enforcement action,
the compliance file will be reviewed to ensure that the operator has
complied with the enforcement action request according to the procedures
outlined in the enforcement order.      			

	

			c.  Inspections

				i.  Inspection Authority

	The OEP Environmental Programs Manager or his/her representative shall
have the authority to enter any regulated site or premises and copy any
records, inspect, monitor the operator's gauges or otherwise investigate
compliance with  permit conditions and program requirements. 
Inspections shall be conducted and samples taken in accordance with the
quality assurance plan and other information shall be gathered in a
manner that will produce evidence admissible in an administrative or
judicial enforcement proceeding.  Because every well will be inspected
at least quarterly, the OEP will maintain its inspection program in a
fair and neutral manner.  OEP will also have the authority to have OEP's
gauges placed on any injection well to verify the accuracy of the
operator's gauges.  OEP gauges will be calibrated annually and when new
gauges are purchased to verify their accuracy.

				ii. Goals and Objectives

	The goal of the inspections is to make a determination of compliance at
a well or facility.  Implementation of a good inspection program should
lead to discovery of judicially admissible violations.  Inspections
should also encourage voluntary compliance by having personnel present
in the field lending technical assistance as well as outreach.  

				iii. Inspection Strategy

	Periodic inspections of each injection well will be conducted to ensure
compliance with all permit conditions and program requirements, and to
verify the accuracy of reporting, MIT monitoring data, sampling, and
monitoring methods.  Quarterly site inspections are expected to
encourage voluntary compliance of operator/owners resulting in greater
protection of USDWs.  By inspecting each well quarterly, a neutral
inspection theme is maintained.

		Priorities for inspections are as follows:

		1. Emergency Inspections  

	Reports of emergency situations (whether first identified through OEP
staff, owner/operator notification, or citizen complaints) will be
examined immediately. 

		2.  Enforcement Inspections 

Enforcement-related inspections are to be conducted at all Class II
facilities to support all enforcement activities, including follow-up to
initiated actions.  

		3.  MIT Inspections

All Class II MITs will be witnessed by the Environmental Programs
Manager from OEP.  MITs will be conducted at least every five years,
prior to beginning injection on new wells, and after every workover
before resuming injection practices.

4.  Preoperational, Temporary Abandoned Verifications, Plugging and
Abandonment Verification, and Record Inspections

	Temporarily abandoned wells (i.e. wells where no injection has occurred
for three or more consecutive months) will be inspected at least
annually and must demonstrate every two years to the satisfaction of the
Environmental Programs Manager that the well will not endanger USDWs
during the period of temporary abandonment.  Such demonstration shall
include compliance with the technical requirements applicable to active
injection wells unless waived by the Environmental Programs Manager. 
The owner/operator of a temporarily abandoned well shall notify the
Environmental Programs Manager prior to resuming injection.

All preoperational activities and all plugging and abandonment actions
will be subject to inspection.  It is not anticipated that many new
wells will be permitted, meaning that the OEP expects to be able to
inspect each future well before injection begins.  

	5.  Routine Inspections

These inspections will consist of volume and pressure meter readings and
verification of status.  Each well will be inspected quarterly. OEP will
not necessarily provide owner/operators with advance notice of routine
inspections.

d.  Other Compliance Monitoring Activities

			i.  Citizen Complaints and Emergencies

	

	Reports of emergency situations and citizen complaints will be examined
immediately.  Emergency situations will require on-site inspections
while citizen complaints may be explored through phone contact first in
order to establish authenticity.  After a complaint is investigated, the
Environmental Programs Manager shall provide a written response to the
complainant.

	 

				ii.  Inventory

	An accurate inventory will be maintained by the OEP.  A computer
database and a hard file database will be maintained by the office. 
Inventory reviews will be performed annually.  All inventory information
will be updated as that information is made available to the OEP. 
Access files will be formatted after EPA Guidance #68 are completed for
all active and temporarily abandoned wells.

	Most inventory information has been gathered; however, some additional
information is needed on plugged and abandoned wells for area of review
purposes 

V.  ENFORCEMENT AND ENFORCEMENT RESPONSE

	A.  Goals and objectives

	The Fort Peck Tribes will implement an enforcement program which will
deter operation of injection wells that violate program requirements. 
This will include compliance and enforcement actions which assess the
risk and gravity of the violation and assess penalties to recoup
economic benefit and deter future violations.

	B. Types of Non-Compliance

	Types of non-compliance include significant and non significant.   See
Appendix G for a complete definition.  Significant non-compliances (SNC)
have been further delineated to Level I, II, and III as listed in
Appendix H.  

	C.  Response to Non-Compliance

	Once the level of violation has been determined, the enforcement
response is determined from the list of appropriate responses in
Appendix I.  

		1.  Formal Enforcement Actions

	All SNC's and Level I violations will be addressed with formal
enforcement actions.  A formal enforcement action is an action initiated
by the regulating authority and which: contains an explicit requirement
that the well owner/operator take some corrective/remedial action, or
refrain from certain behavior to achieve compliance; is explicitly based
on the Tribes' determination that a violation has occurred; requires
specific corrective action, or specifies a desired result that may be
accomplished however the recipient chooses, and specifies a timetable of
completion; may have additional requirements in addition to ones
relating directly to correction (e.g. additional monitoring);
requirements are independently enforceable without having to prove the
original violation and subjects the person to adverse legal consequences
for non-compliance.

		2.  Informal Enforcement Actions

	All level II and III violations will be addressed by at least an
informal enforcement action.  An informal enforcement action is the
first level of communication between the regulating authority and the
violator.  An informal enforcement action is an action initiated by the
regulating authority to inform an owner/operator that he/she is in
specific violation of UIC regulations and is subject to possible
liabilities, and that the violations must be resolved within a
reasonable time.  Informal enforcement actions do not contain any or all
of the five criteria contained in the definition of formal enforcement
action.

	D.  Elevation of Enforcement Responses

	All informal and formal enforcement responses can be elevated based on
factors including the non-compliance history of the owner/operator and
the risk of the violation to USDWs.  These factors are listed in
Appendix H.  The table of responses is listed in increasing degree of
magnitude.  Therefore, based on the level of the violation, the response
will be determined within the appropriate range of responses based on
the adjustment factors.

	

	E.  Administrative Order Procedures

	

	When the OEP determines that issuance of an administrative order is
appropriate, a proposed administrative order and cover letter shall be
served personally or by certified mail, (service by mail is complete on
the day of mailing), on the alleged violator or the violator's agent
which shall contain the following:

	the provision alleged to be violated;

 

2.	the facts alleged to constitute the violation;

3.	the amount of the proposed administrative penalty assessed under this
Section;

4.	within thirty (30) calendar days of receiving the proposed
administrative order, the respondent may request a hearing.  Such
request must be in writing and must specify the factual and legal issues
in dispute and the factual and legal grounds for respondent's defense.
At the hearing, respondent may contest either the alleged violation(s)
or appropriateness of the proposed penalty.  OEP will notify the
respondent of the time, place, and date of any such hearing;

5.	the nature of any corrective action the OEP requires;

6.	as applicable, the time within which the corrective action is to be
taken and the time within which the administrative penalty is to be
paid;

7.	upon no action by the respondent or upon final judgment of the
Environmental Programs Manager, a final administrative order will be
issued and will become effective thirty (30) calendar days from issuance
unless the respondent appeals;

8.	the right of appeal of a final administrative order to the Tribal
Appellate Court according to the procedure outline in the CCOJ Title I,
Section 202 to mitigate the penalty assessed;

9.	that a formal proceeding may be waived by conducting an informal
conference; and

10.	a statement will be included in the cover letter to indicate that a
reduced penalty will be considered if a settlement can be reached in an
informal conference in which the respondent may confer informally with
OEP concerning the alleged violations or the amount of the proposed
penalty.  A request for an informal conference does not extend the
thirty (30) calendar day period during which a request for hearing must
be submitted.  The informal conference procedure may be pursued as an
alternative to, or simultaneous with, the hearing.  In the event of a
negotiated settlement being reached between the respondent and the OEP,
an administrative order on consent will be prepared and signed by both
parties.  OEP shall publish and provide at least thirty (30) calendar
days for public comment on any proposed settlement of an OEP enforcement
action.

	F.  Civil Judicial Procedures

	The OEP will take action in Tribal Court if:

	

	a respondent fails to comply with an administrative action; or

	the penalty amount is greater than $125,000.

	The Environmental Programs Manager may file suit in the name of the
Tribes in Tribal Court or any other court with jurisdiction to:

	

	1.	collect civil penalties;

2.	restrain any person from engaging in any unauthorized activity which
is endangering or causing damage to public health or environment;

3.	enjoin any person from threatened or continuing violation of any
provisions of the CCOJ Title XVIII or regulations adopted under it,
including permit conditions; or

4.	order compliance with any provisions of the CCOJ Title XVIII or
regulations adopted under it, including permit conditions.   

	It shall not be necessary for the Environmental Programs Manager to
revoke the permit before seeking a court order.

	In any such suit, if judgment is rendered for the Tribes, the court
shall award the Tribes court costs and reasonable attorney fees.

	

G.  Penalties

	Penalties for administrative violations will be calculated in
accordance with EPA’s UIC Program Judicial and Administrative Order
Settlement Penalty Policy -- UIC Guidance Number 79 listed in Appendix H
and any other EPA penalty policies may be used as appropriate.

	In administrative actions, the maximum for Class II wells is $5,000 per
day per violation with a maximum ceiling of $125,000.  The maximum for
civil judicial penalties is $25,000 per day per violation with no
ceiling.  

	H.  Criminal Non Compliance of Non-Indians

	If the Environmental Programs Manager finds that any violation of
program requirements by an Indian was willful, the Environmental
Programs Manager shall refer the matter to the Tribal Court for
enforcement in a timely manner.  If the Environmental Programs Manager
finds that any violation of program requirements by a non-Indian was
willful, the Environmental Programs Manager shall refer the matter to
the U.S. EPA for enforcement in a timely matter.

	Failure by a non-Indian owner/operator to timely comply with a notice
of violation shall subject the violator to a possible suspension or
revocation of the privilege of doing business on the Reservation for a
period set by the tribal court.

	I.  Appeal of Enforcement Actions

	Any owner/operators to whom a notice of violation and/or enforcement
action is issued must take the measures required by the notice and
comply with the applicable permit, standard or requirement within thirty
(30) calendar days, unless a petition for review to the Tribal Appellate
Court is sooner filed pursuant to the CCOJ Title I, Section 207. 
Findings by the Appellate Court are final.

VI.  TRIBAL/FEDERAL ENFORCEMENT/OVERSIGHT RELATIONSHIP

	An MOA outlining enforcement responsibilities of the Tribes and EPA is
outlined in Appendix J.  Note:  Tribal Members will be prosecuted for
civil and criminal infractions in Tribal Court.  All criminal acts by
non-Indians will be referred to EPA.

	All information will be supplied to EPA Region 8 through annual
reporting forms and as requested from EPA.  Quarterly 7520 Reports will
be filed within 45 days of the end of the quarter.

VII.  QUALITY ASSURANCE

	All sampling collection will be performed according to the Fort Peck
Tribes Quality Assurance Manual for Water Quality Sampling on the Fort
Peck Indian Reservation.  This document has been approved by EPA and
complies with QA-R5 standards for quality
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