UN ITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

Reply To: OCE

-082 1200 Sixth Avenue, Suite 900 Seattle, Washington 981
.01-3140 

## FEB 15 2011

Mr. Ted Sturdevant, Director Washington State Department ofEcology 300 Desmond Drive S.E. Lacey, Washington 98503 Re: Underground Injection Control (UIC) regulations Dear Mr. Sturdevant: OFF ICE OF COMPLIAN CEAN D EN FORCEM ENT

The Environmenta l Protection Agency (EPA) adopted new Underground Injection Control (UIC) regulations for Class V injection wells, effective April 2000. These regulations banned the use ofMotor Vehicle Waste Disposal Wells and Large Capacity Cesspools. Consistent with the requirements ofSection 1422 ofthe Safe Drinking Water Act and 40 Code of Federal Regulations (C
.F.R.) Part 145, the State ofWashington adopted revised UIC regulations, effective February 2006, to comply with the changes in Federal regulations
. In November 2008, the Washington Department ofEcology (Ecology) submitted a program revision package to EPA Region 10. The revision package included all the required elements, including:
• Authorizing state legislation • Applicable rules and regulations (including a crosswalk with the Federal rules) • Statement ofEnforceability • Memorandum ofAgreements (MOA) (based on discussions with EPA, one additional MOA was submitted as part ofthe package in March 2009) • Sensitive groundwater area delineation • UIC Program Description I am pleased to inform you that EPA Region 10 has approved your application for program approval for the revisions to your state UIC Program. Enclosed is Ecology's copy of the signed Memorandum ofAgreement for the UIC Program
. Please note that EPA's Delegations ofAuthority-allow me, as the Region's Director ofthe Office ofCompliance and Enforcement, to approve the program revisions and sign the Memorandum ofAgreement. There will be another step to this process . EPA needs to update 40 C.F
.R
. Part 147 to reflect EPA's approval ofthe revised State ofWashington program. This should not require any2 effort on the part of Ecology. However, it will codify Ecology's rules in a way that wiil allow

EPA to enforce the State o f Washington's rules . Enclosure cc : Mary Shaleen Hansen Washington State Department of Ecology Bmce Kobelski Office of Ground Water and Drinking WaterUNDERGROUND INJECTION CONTROL PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF WASHINGTON and THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

I. General This Memorandum ofAgreement ("Agreement") establishes policies, responsibilities , and procedures pursuant to 40 CFR Part 145, ofthe Safe Drinking Water Act (SDWA) for the State ofWashington Underground Injection Control (UIC) Program ("State Program") as authorized by Part C of the Safe Drinking Water Act, 42 U.S.C. 

### § 300h , et. seq ., as amended
. This agreement is entered into by the State ofWashington and signed by the Director of the Washington State Department of Ecology, (hereafter, "the State" or "Director") with the United States Environmental Protection Agency, Region 10 and signed by, the Regional Administrator (hereafter, "EPA" or "Regional Administrator"). This Agreement shall become effective when approved by the Administrator.
A. Ecology's Responsibilities The Department of Ecology is authorized to administer the State Program
. These responsibilities shall include, but not be limited to, administering the requirements ofthe Safe Drinking Water Act (SDWA) that pertains to the UIC Program , submitting grant applications , and annual reporting requirements
. The Sta.te has authority over all classes of injection wells. The State Program is implemented under Chapter 173-218 WAC

. B. Review and Modifications The biennial program grant and the Environmental Performance Partnership Agreement between EPA and Ecology shall be consistent with this Agreement and may not override this Agreement. This Agreement may be modified upon the initiative of the State or the EPA. Modifications must be in writing and signed by the Director and the Regional Administrator. Modifications become effective when signed by the Regional Administrator
. Modifications shall be by an addendum and attached to this Agreement. C

. Conformance with Laws and Regulations The State shall administer the UIC program consistent with the State's submission for program approval, this Agreement, the SDWA, current Federal policies and regulations , promulgated minimum requirements , priorities established as part of the biennial approved State UIC grant, and any separate working agreements which shall be entered into with the Regional

1Administrator as necessary for the full administration of the UIC program. D . Responsibilities of Parties Each of the parties has responsibility to assure that the UIC requirements are

met. The parties agree to maintain a high level of cooperation and coordination between State and EPA staff in a partnership to assure successful and effective administration of the UI _ C program. In this partnership, the Regional Administra t or will provide to the Director on a continuing basis technical and policy assistance on program matters. The Regional Adm i nistrator is - - responsible-for
- keeping tMe**Oirector ~-** **apprised** of - the-mean i ng
- and content of ------- Federal guidelines, technical standards, regulations, polic y decisions, directives, and any other factors which affect the UIC program. The strategies and priorities for program compliance i$sues and implementation of UIC regulation r equirements shall be established in the State's program description, the biennial State/EPA Performance · Partnership Agreement, and/or in subsequent working agreements. If requested by either party, meetings will be

scheduled between the State and EPA to discuss mutual c oncerns involving the administration of the UIC program.

E. Sharing of Information The Director shall inform EPA of any proposed, pending or enacted modifications to laws, regulations, or guidelines, and any judicial decisions or administrative actions which might affect the State Program and the State's authority to administer the program. The Director shall promptly inform EPA of any resource allocation changes (for example, personnel or budget) which might affect the State's ability to administer the program. Any information obtained or used by the State under its U I C program shall

be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing EPA such information. Any information obtained from a State and subject to a claim · of confidentiality will be treated in accordance with 40 CFR Part 2. If EPA obtains information from the State that is not claimed to be confidential, EPA may make that information available to the public without further notice . F. Duty to Revise Program This Agreement may be modified by either party to ensure consistency with

the State program modifications or for any other purpose mutually agreed upon_ Any revisions or modifications must be in writing an d signed by the Director and the**Regi~nal** Administrator. G. Definition and Exemptions of USDW The State agrees to define an ; "underground source of drinking water" (USDW) in a manner consistent with 40 CFR Part 144.3. T he State rules 2. shall be at least as protective of USDW as the federal regulations. H. Duration ofAgreement This Agreement wi ll remain in effect until such time as State Program approval is withd rawn by EPA, according to the provisions of 40 CFR Part 145.33. I
. General Provisions Nothing in this Agreement is intended to affect any State or local UIC program requirement, including any standards or prohibitions established by State or local law, as long as the State or local requirements are not less stringent than: (1 ) any set forth in the federal UIC regulations ; or (2) other requirements or prohibitions established under the SDWA or app licable regulations
. Nothing in this Agreement shall be construed to limit the authority ofthe EPA to take action pursuant to Sections 1421 , 1422 , 1 423 , 1424, 1425, 1431 or other sections of the SDWA

. II
. Authorization by Ru le The State is responsible for authorizing Class V wells by rule , in accordance with 40 CFR Part 144
. Ill. Perm itting A. General The State is responsible for issu ing and administering permits and shall do so in accordance with 40 CFR Part 145.11. The Director shall review and issue perm its based on the permit conditions of 40 CFR Parts 144.51, 144.52, and 145
. 11
. Permits shall be issued which comply with applicable Federal and State requirements
. B
. Com pliance Schedu les and Reports The Director agrees to include in the permits : • Compliance schedu les where appropriate and to require periodic reporting by permittee on compliance with such schedu les and other permit conditions
. • Compliance monitoring , where appropriate, to ensure compliance with permit conditions and program requirements. For purposes of this Agreement the terms "compliance monitoring" or "compliance evaluation " shall refer to all efforts associated with determining



### 3compliance with UIC program requirements. • Conduct compliance inspections subject to regulatory requirements. C. Compliance Reports The State shall maintain a system to determine if: (1) the reports required

by permits and program regulations are submitted; (2) the submitted reports are complete and accurate; and (3) the permit conditions and program requirements are met. The reports and notices shall be evaluated for

compliance status - in - accordance with the State compliance program and the program requirements.

D. Information from the Public The Director shall maintain a mechanism to receive information from the · public on violations, and to have procedures for receiving, investigating and ensuring proper consideration of the information. · E. Authority to Enter To the extent permitted by law, the Director (and other State officials) engaged

in compliance monitoring and evaluation has the authority to enter any site or premises subject to regulation, or to review and copy the records of relevant

program operations where such records are kept. F. Admissibility Any investigatory inspections shall be conducted, and samples and other information shall be collected, in such a manner so as to provide evidence which would be admissible in any enforcement proceeding. G. Inspections The Director shall maintain an inspection procedure to de t ermine compliance

of applicable program requirements. IV. Enforcement A. General The State is responsible for taking timely and appropriate enforcement action against persons in violation of UIC program requirements , including compliance schedules, technical requirements, and permit conditions. Federal

delegated and state statutory authority grants the Director the authority to inspect, monitor and enforce compliance with UIC program requirements . The State's Water Quality Enforcement Procedure will be utili zed to address issues of non-compliance. This includes violations detected by either State or Federal inspections. 4Failure by the State to initiate appropriate enforcement action against a substantive violation may be a basis for EPA's determination that the State has failed to take timely enforcement action
. EPA will respond to known violations in accordance to Safe Drinking Water Act (SQWA) section 

### 1423
. B. Assessment of Fines The State agrees to assess civil penalties in amounts appropriate to the violation as requi red in 40 CFR Part 145
. 13
. Nothing in this Agreement shall affect EPA's authority or responsibility to take enforcement actions under Section 1423 of the SDWA. Additionally, the State agency admin istering the program has the mechanism to assess or sue to recover in court civil penalties and criminal remedies as established in 40 CFR Part 145.13. C. Public Participation The State recogn izes the opportunity for public participation in the State enforcement process via Civil Rule 24(a), which allows a right of intervention. D. EPA Enforcement The EPA will not take enforcement actions under Section 1423 of the SDWA without providing prior notice to the State alld otherwise complying with the requirements ofthat section
. E
. Indian Lands EPA is responsibl e for the regulation of UIC wells on Indian lands. V. EPA Oversight A. General EPA shall oversee the State's administration of the UIC program to assure that such administration is consistent with this Agreement and the Environmental Performance Partnership Agreement. In addition to the specific ove r sight activities listed in th is section , EPA may request and the State shall subm it specific information and provide access to files necessary for evaluating the Director's admi nistration of the UIC program. B
. Immediate Reporting on Noncompliance The Di rector shall immed iately notify the Reg ional Adm inistrator of any substantial, imminent hazard
.to public health resu lting from well injection that 

### 5causes the endangerment of an underground source of dr i nking water. C. Annual Performance Evaluation At a minimum, EPA shall conduct biannual performance evaluations of**th~** State Program using the State quarterly reports, annual non-compliance reports, program reports, and other requested information to determine State Program consistency with the program submission, SDWA and applicable regulations, and applicable guidance and policies. The rev iew will not only include a review of financial expenditures, but reviews on _ progce _ ss _ towards pro.gmm_implemeotatio.n, _ changes_in..tbe _ pmgram ____ _ description, and efforts towards progress on program elements. EPA shall submit a summary of the evaluation findings to t he State outlining

the deficiencies in program performance, and recommendations for improving State operations. The report also may provide gu idance · for the development of upcoming grant applications. The State shall have 15 working days from the date of receipt to concur with or comment on the findings and recommendations. VI. Signatures State Department of Ecology U.S.**Environ~** Agency r, Region 10**Date_-'-.....,~f-~-'-J -r-** **~~~-"_/_/** ____ _ 6