56982 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 

[FR Doc. 2011–23261 Filed 9–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0426; FRL–9463–6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Permits by Rule and 

Regulations for Control of Air Pollution 

by Permits for New Construction or 

Modification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On July 25, 2011, EPA 

published a direct final rule approving 

portions of three revisions to the Texas 

State Implementation Plan (SIP) 

submitted on August 31, 1993; July 22, 

1998; and October 5, 2010. The 

revisions amend existing sections and 

create new sections in Title 30 of the 

Texas Administrative Code (TAC), 

Chapter 116—Control of Air Pollution 

by Permits for New Construction or 

Modification. The August 31, 1993, 

revision creates two new sections at 30 

TAC 116.174 and 116.175 for the use of 

emission reductions as offsets in new 

source review permitting. The July 22, 

1998, revision creates 30 TAC 116.116(f) 

allowing for the use of Discrete 

Emission Reduction Credits (DERC) to 

exceed emission limits in permits 

(permit allowables) and amends 30 TAC 

116.174 to update internal citations to 

other Texas regulations. The October 5, 

2010, revision amends 30 TAC 

116.116(f) to update internal citations to 

other Texas regulations. The direct final 

action was published without prior 

proposal because EPA anticipated no 

adverse comments. EPA stated in the 

direct final rule that if we received 

relevant, adverse comments by August 

24, 2011, EPA would publish a timely 

withdrawal in the Federal Register. EPA 

subsequently received timely adverse 

comments on the direct final rule. 

Therefore, EPA is withdrawing the 

direct final approval. EPA will address 

all relevant, adverse comments 

submitted by August 24, 2011, in a 

subsequent final action based on the 

parallel proposal also published on July 

25, 2011. As stated in the parallel 

proposal, EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule published 

on July 25, 2011 (76 FR 44271), is 

withdrawn as of September 15, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Erica Le Doux (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–7265. Ms. Le Doux can also be 

reached via electronic mail at 

ledoux.erica@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 6, 2011. 

Al Armendariz, 

Regional Administrator, EPA Region 6. 

Accordingly, the amendments to 40 

CFR 52.2270 published in the Federal 

Register on July 25, 2011 (76 FR 44271), 

which were to become effective on 

September 23, 2011, are withdrawn. 

[FR Doc. 2011–23523 Filed 9–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 Statesubmitted 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: mcwhirter.lisa@epa.gov. 

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: 

Category Examples of entities that this action applies to 

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. 

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 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 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, postinjection 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] 

BILLING CODE 6560–50–P 


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