# Presentation: 404105

## 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
-   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

## 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

## 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*

## 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

## 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

## 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

## 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_  _  _  _

## 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.

## 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

## 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

## 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

## 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

## 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

## Modified Program Description Short Form

## 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

## 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

## 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

## Revision X-walk

## 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

## 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

## General Plan Requirements

- Plan is mandatory in primacy revision application
- If State does not plan to delineate, must explain in revision package

## 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

## 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

## 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

## 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

## 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

## 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

## 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

## 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

## Areas of State Flexibility

- DI State coordination with Regions
- Region and DI State share in development and/or implementation of plan

## 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

## EPA’s Review of 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.

## 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

## 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

## 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

## Public Input

- EPA provides at least 30 days for public comment upon proposed program changes
- Public hearing held if sufficient interest

## State Reporting and Recordkeeping Policies

- New 7520 forms nearing completion
- An optional checklist will be developed when new form is available