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Revisions to Primacy State Underground Injection Control Programs

Revisions to Primacy State Underground Injection Control Programs. Primacy State Implementation of the New Class V Rule. Primacy Revision Time Frame. Rule effective date: April 5, 2000

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Revisions to Primacy State Underground Injection Control Programs

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  1. Revisions to Primacy State Underground Injection Control Programs Primacy State Implementation of the New Class V Rule

  2. Primacy Revision Time Frame • Rule effective date: April 5, 2000 • State rule adoption and submission of final primacy revision application to EPA required by December 29, 2000* • * Your rule adoption must be effective at the time of EPA approval

  3. Does your State need to submit a revision package? • Primacy States should contact the EPA Region to determine if your revision is substantial or non-substantial • Substantial revisions are rulemakings • Non-substantial revisions are completed at the Regional level

  4. Applicable Regulations and Guidance • Regulations about primacy revision found at 40 CFR 145 • State Implementation Manual for the Revisions to the Underground Injection Control Regulations for Class V Injection Wells

  5. Two Step Application Process (Recommended) Step 1: Draft applications • Draft submittals and reviews are conducted at staff level, on informal basis. • Develop a projected schedule with your Region. • The earlier the better! Step 2: Final Application • EPA determines if application is complete and notifies the State • Begins review

  6. The Primacy Revision Application • The Federal regulations specify mandatory items that must be included in the application • EPA has developed 3 short forms (checklists and x-walks) to help you prepare an application

  7. Mandatory Elements • Includes all the required elements of 40 CFR 145.32. • Modified Program Description • Text of Modified State Statutes and Regulations • State Attorney General’s Statement • Memorandum of Agreement between State and Region • Sensitive Ground Water Area Plan

  8. Modified Program Description • Required by 40 CFR 145.32(b)(1) • Appendix XX in the guide provides a short form that lists EPA’s expectations for the Class V Rule changes

  9. Modified Program Description • Need only address relevant portions of your Class V Program under the new requirements • Must include relevant memorandums of understanding • If you want to do a complete revision because your State has not recently done a 147 update, you may do so.

  10. Can We Transfer Authority Elsewhere? • Other State agencies can implement some or all of the new rule requirements • Must formalize through a “memorandum of understanding” • Division of responsibilities must be presented in the modified program description

  11. Memorandum of Understanding • Organizational charts must be included in the modified program description • Memorandum of Understanding to formalize the agreement between the two State agencies • Example: State Department of Health agrees to implement closure requirement for large-capacity cesspools

  12. MOU Content • Discuss how information on implementation of new requirements will be relayed to the UIC Program • Discuss how receipt of pre-closure notifications will be documented

  13. MOU Content • Discuss how closures of large-capacity cesspool and motor vehicle disposal well will be documented • Present documentation that the agency(ies) will prohibit new large-capacity cesspools and/or motor vehicle waste disposal wells (as applicable) effective April 5, 2000 or upon the effective date of the new State rule

  14. Agreements with Local Government Entities • Effective agreements may: • help disseminate information to owners/operators • provide more timely closure of some Class V wells • While work may be done at this level, primary enforcement authority and program implementation responsibility remains at Statewide Agency

  15. Modified Program Description Short Form

  16. Text of Modified Statutes and State Regulations • Required element of application • Must be in final form • State equivalent of Federal Register, or signed/stamped rule that will be made effective

  17. Attorney General’s Statement of Enforceability • Required element of application • See 40 CFR 145.24 for content (model AG Statement is available) • X-walk developed to assist States

  18. Primacy Revision Crosswalk • Optional for States to use • Identifies State regulations that correspond to Federal requirements • Helps show your rules are as stringent as Federal rules, and supports AG’s Statement of Enforceability

  19. Revision X-walk

  20. Memorandum of Agreement Reflects agreement between State and EPA Regional Administrator on how State will administer and enforce the Class V rule Region reviews current MOA and decides if modification needed States notified by Regional contact about any needed changes

  21. Other Sensitive Ground Water Areas: Definition • Other Sensitive Ground Water Areas are additional areas critical to protecting USDWs from contamination • Important aquifers that may not be protected as Ground Water Protection Areas under the Rule

  22. General Plan Requirements • Plan is mandatory in primacy revision application • If State does not plan to delineate, must explain in revision package

  23. What Should be in the Plan? Element #1 • Criteria for Identifying certain sensitive geologic conditions • methods to identify geographic areas where Class V wells may impact vulnerable aquifers • karst, fractured bedrock and other shallow/unconsolidated aquifers especially of concern

  24. What Should be in the Plan? Element #2 • Criteria for Identifying legal designations • will you identify any legally designated aquifers, or portions of aquifers, in your state • includes sole source aquifers

  25. What Should be in the Plan? Element #3 • Criteria that will be used for exclusion or inclusion of areas. You might consider: • depth to ground water • likelihood of ground water resource’s use • presence or absence of confining layers that may protect the sensitive ground water area

  26. What Should be in the Plan? Element #4 • Public Participation • Discuss how you will inform the public • Discuss the mechanisms to allow public comment on the designations • May include stakeholder meetings, statewide publication with opportunity to comment, public meetings, or other means

  27. What Should be in the Plan? Element #5 • Plan for making delineations known to the public • Public must be made aware of the delineations • State Source Water Area Protection Program plan can be used in whole or part

  28. How Much Time is Available? • The Plan must be in the primacy revision application, due by December 29, 2000 • If you choose to do the delineations, they must be completed by January 1, 2004* * States may apply for up to a one year extension if they are making reasonable progress in completing the delineations

  29. Other Resources • Submission of a draft plan to the Region for comment, as discussed earlier, will give you feedback on the overall acceptability of your plan • Draft guidance on Other Sensitive Ground Water Areas

  30. Areas of State Flexibility • Transfer of authority to other agencies • UIC Program able to focus on select set of rule requirements • Work coordination in developing other sensitive ground water area plan • UIC Program shares responsibility for development and builds on other programs’ experience in related initiatives

  31. Areas of State Flexibility • DI State coordination with Regions • Region and DI State share in development and/or implementation of plan

  32. After the Update is Final • State and your Region will determine the division of activities based on priorities in the State • Anticipated key items include: • implementation of other sensitive ground water area plan • outreach and education of impacted entities • outreach to other governing bodies to ensure no new permits issued after April 5, 2000

  33. EPA’s Reviewof Final Application • The final application is formally submitted and EPA has a formal review process. • States need to submit three (3) sets of the application.

  34. Is the Application Complete? • After submission of final State application for program revision, EPA determines if it is complete; that is, whether all required elements are included • An application being deemed complete does not mean it is approvable; other changes may be necessary

  35. Primacy Revision Checklist • Optional for States’ use; includes program elements from 40 CFR 145.32 • Helps both you and Region ensure that all required elements are included • Available electronically

  36. Federal Register Notice • States have followed their own public notice of rule adoption, but EPA must also publicize State changes • Federal Register publication on changes to State program, notice to interested persons, statewide newspaper publication, offer of Public Hearing

  37. Public Input • EPA provides at least 30 days for public comment upon proposed program changes • Public hearing held if sufficient interest

  38. State Reporting and Recordkeeping Policies • New 7520 forms nearing completion • An optional checklist will be developed when new form is available

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