[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Rules and Regulations]
[Pages 56982-56983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23662]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 124, 144, 145, 146, and 147
[EPA-HQ-OW-2008-0390; FRL-9465-1]
Announcement of Federal Underground Injection Control (UIC) Class
VI Program for Carbon Dioxide (CO2) Geologic Sequestration
(GS) Wells
AGENCY: Environmental Protection Agency (EPA).
ACTION: Establishment of Class VI Program.
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SUMMARY: EPA is announcing the establishment of a Federal Underground
Injection Control (UIC) Class VI Program for Carbon Dioxide
(CO2) Geologic Sequestration (GS) Wells under which EPA will
directly implement the Class VI Program nationally as of September 7,
2011. States and potential owners or operators of CO2 GS
wells must submit all permit applications to the appropriate EPA Region
in order for a Class VI permit to be issued pursuant to the Federal
Requirements under the Class VI rule finalized on December 10, 2010.
Direct Federal implementation of the final Class VI requirements is in
effect until such time as a State-submitted primary enforcement
responsibility (primacy) application is approved by EPA.
DATES: The national Class VI Program is effective as of September 7,
2011.
FOR FURTHER INFORMATION CONTACT: Lisa McWhirter, Underground Injection
Control Program, Drinking Water Protection Division, Office of Ground
Water and Drinking Water (MC-4606M), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202) 564-2317; fax number: (202) 564-3756; e-mail address:
[email protected]. For general information and to access
information on the final Class VI rule, visit the Underground Injection
Control Geologic Sequestration Web site at http://water.epa.gov/type/groundwater/uic/wells_sequestration.cfm.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action applies to all State and Tribal governments and owners
or operators of injection wells that will be used to inject
CO2 into the subsurface for the purposes of GS. Entities
include, but are not limited to, the following:
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Examples of entities that this
Category action applies to
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States and Tribal Governments..... States and Tribal governments.
Private........................... Owners or Operators of CO2 injection
wells used for Class VI GS.
Private........................... Owners or Operators of existing CO2
injection wells transitioning from
Class I, II, or Class V injection
activities to Class VI GS.
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This table is not intended to be an exhaustive list; rather it
provides a guide for readers regarding entities that this action
applies to. This action could also apply to other types of entities not
listed in the table. To determine
[[Page 56983]]
whether this action applies to your facility or authority, you should
carefully examine the applicability criteria found at 40 CFR part 146
in the Code of Federal Regulations. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
B. How can I get copies of this document and other related information?
1. Docket. EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2008-0390. Publicly available docket materials
are available either electronically through http://www.regulations.gov
or in hard copy at the Water Docket in the EPA Docket Center, (EPA/DC)
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Water Docket is (202) 566-2426.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
II. Background Information
On December 10, 2010, EPA finalized minimum Federal requirements
under the Safe Drinking Water Act (SDWA) for underground injection of
CO2 for the purpose of GS (75 FR 77230) (Class VI Final
Rule). Under the authority of the SDWA, EPA established a new class of
well, Class VI, for underground injection of CO2 for the
purpose of GS. The Agency set minimum technical criteria for the
permitting, geologic site characterization, area of review (AoR) and
corrective action, financial responsibility, well construction,
operation, mechanical integrity testing (MIT), monitoring, well
plugging, post-injection site care (PISC), and site closure of Class VI
wells for the purposes of protecting underground sources of drinking
water (USDWs).
Under 40 CFR 145.21(h) in the Code of Federal Regulations (CFR),
EPA provided States 270 days, from December 10, 2010, to submit a
complete primary enforcement responsibility (primacy) application for
implementation of the Class VI Program that met the requirements of 40
CFR 145.22 or 145.32 (75 FR 77242). While the Agency has worked with
States interested in applying for Class VI Program primacy, as of
September 6, 2011, EPA has not received or approved any complete
primacy applications.
III. Class VI Program Implementation
In the preamble to the Class VI Final Rule (75 FR 77242), EPA
clarified that, in light of national priorities for promoting climate
change mitigation strategies and Administration priorities for
developing and deploying CCS projects in the next few years as
highlighted in the ``Report of the Interagency Task Force on Carbon
Capture and Storage'' (August 2010), it is important to have
enforceable Class VI regulations in place nationwide as soon as
possible. As a result, in the Class VI Final Rule, EPA provided that
the Federal rule would become effective in every State that had not
submitted a primacy application within the 270-day transition period
provided by SDWA. The Agency committed to publishing, in the Federal
Register, a list of States where the Federal Class VI requirements have
become applicable beginning September 7, 2011 (75 FR 77242). Because
the Agency did not receive any complete primacy applications for Class
VI Program implementation by September 6, 2011, no States have received
Class VI primacy and the Federal requirements have become effective
nationwide. In situations where States have not been granted authority
to administer UIC Program regulations, EPA is responsible for
implementing the Program in accordance with the provisions at 40 CFR
145.21(h) and 147.1(d). EPA describes this process in the preamble to
the Class VI Final Rule at 75 FR 77242. In summary, on September 7,
2011, the Class VI permit requirements became effective throughout the
United States, and EPA now implements and enforces the Federal Class VI
requirements nationally, in all States, Tribes, and Territories even in
States, Tribes, or Territories that have primacy to administer the UIC
Program for other UIC well classes.
As a result, beginning September 7:
The ``transitional period'' during which States were able
to use existing UIC authorities (e.g., Class I or Class V) to permit GS
projects has ended (75 FR 77243). All current and future GS projects
must now be evaluated by the appropriate EPA Regional office (the Class
VI permitting authority).
A State may no longer issue Class I permits for
CO2 injection for GS for purposes of complying with SDWA.
Until a State receives primacy for the Class VI Program, a
State may not issue Class VI UIC permits (75 FR 77243) under SDWA. All
permit applications for GS projects must be directed to the appropriate
EPA Region in order for a Class VI permit to be issued (75 FR 77243).
EPA encourages owners or operators to contact EPA Regions regarding
existing and future GS projects. EPA Regions will work with States that
are considering applying for Class VI primacy, where possible, to
ensure that Class VI permits are designed in a way that will be
compatible with the final State Program requirements. EPA expects the
majority, if not all, of the wells injecting CO2 for GS to
obtain Class VI permits.The Agency anticipates that few, if any Class V
experimental technology well permits will be issued under SDWA for
future GS projects. (75 FR 77245-46) EPA will determine, based on
evaluation of project-specific information, whether a project needs to
be permitted as a Class V experimental technology well because the
Class VI requirements would be technologically inappropriate or would
not adequately address the environmental risks of the project. In such
cases, EPA will coordinate with the appropriate Class V permitting
authority which may, in some cases, be the State.
As provided in 40 CFR 146.81(c), owners or operators of
either Class I wells previously permitted for the purpose of GS or
Class V experimental technology wells no longer being used for
experimental purposes that will continue injection of CO2
for the purpose of GS must apply to the appropriate EPA Region for a
Class VI permit by December 10, 2011.
A State may, at any time in the future, apply for Class VI
Program primacy following establishment of a Federal Class VI UIC
Program. If a State receives Class VI Program primacy approval in the
future, EPA will publish a subsequent Federal Register notice that
codifies the State Class VI Program in 40 CFR part 147; at that point,
the State, rather than EPA, will implement the Class VI Program. For
additional information about applying for Class VI Program primacy
under SDWA Section 1422, see requirements at 40 CFR part 145 and the
final rule and preamble (75 FR 77230-77303; December 10, 2010).
Dated: September 9, 2011.
Cynthia C. Dougherty,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2011-23662 Filed 9-14-11; 8:45 am]
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