UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

Reply To: OCE-082 

1200 Sixth Avenue, Suite 900 

Seattle, Washington 981.01-3140 

FEB 1 5 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: 

OFFICE OF 

COMPLIANCE AND ENFORCEMENT 

The Environmental Protection Agency (EPA) adopted new Underground Injection 

Control (UIC) regulations for Class V injection wells, effective April 2000. These regulations 

banned the use of Motor Vehicle Waste Disposal Wells and Large Capacity Cesspools. 

Consistent with the requirements of Section 1422 ofthe Safe Drinking Water Act and 40 Code of 

Federal Regulations (C.F.R.) Part 145, the State of Washington adopted revised UIC regulations, 

effective February 2006, to comply with the changes in Federal regulations. In November 2008, 

the Washington Department of Ecology (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 of Enforceability 

• Memorandum of Agreements (MOA) (based on discussions with EPA, one additional 

MOA was submitted as part of the 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 of Agreement for the UIC Program. Please note that EPA's 

Delegations of Authority-allow me, as the Region's Director of the Office of Compliance and 

Enforcement, to approve the program revisions and sign the Memorandum of Agreement. 

There will be another step to this process. EPA needs to update 40 C.F.R. Part 147 to 

reflect EPA's approval of the revised State of Washington program. This should not require any 
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effort on the part of Ecology. However, it will codify Ecology's rules in a way that wiil allow 

EPA to enforce the State of Washington's rules. 

Enclosure 

cc: Mary Shaleen Hansen 

Washington State Department of Ecology 

Bmce Kobelski 

Office of Ground Water and Drinking Water 
UNDERGROUND INJECTION CONTROL PROGRAM MEMORANDUM OF 

AGREEMENT BETWEEN THE STATE OF WASHINGTON and THE UNITED 

STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 

I. General 

This Memorandum of Agreement ("Agreement") establishes policies, responsibilities, 

and procedures pursuant to 40 CFR Part 145, of the Safe Drinking Water Act (SDWA) 

for the State of Washington 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 of Washington 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 of the 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 

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Administrator 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 

Administrator will provide to the Director on a continuing basis technical and 

policy assistance on program matters. The Regional Administrator is 

- - responsible-for-keeping tMe Oirector~-apprised of-the-meaning-and content of-------

Federal guidelines, technical standards, regulations, policy 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 requirements 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 concerns 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 UIC 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 and 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. The State rules 

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. 

shall be at least as protective of USDW as the federal regulations. 

H. Duration of Agreement 

This Agreement will remain in effect until such time as State Program 

approval is withdrawn 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 applicable 

regulations. 

Nothing in this Agreement shall be construed to limit the authority of the 

EPA to take action pursuant to Sections 1421 , 1422, 1423, 1424, 1425, 

1431 or other sections of the SDWA. 

II. Authorization by Rule 

The State is responsible for authorizing Class V wells by rule, in accordance with 40 

CFR Part 144. 

Ill. Permitting 

A. General 

The State is responsible for issuing and administering permits and shall do 

so in accordance with 40 CFR Part 145.11. The Director shall review and 

issue permits 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. Compliance Schedules and Reports 

The Director agrees to include in the permits: 

• Compliance schedules where appropriate and to require periodic 

reporting by permittee on compliance with such schedules 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 

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compliance 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 determine 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 utilized to address issues 

of non-compliance. This includes violations detected by either State or Federal 

inspections. 

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Failure 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 required 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 administering 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 recognizes 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 responsible 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 oversight activities listed in this section, EPA may request and the 

State shall submit specific information and provide access to files necessary 

for evaluating the Director's administration of the UIC program. 

B. Immediate Reporting on Noncompliance 

The Director shall immediately notify the Regional Administrator of any 

substantial, imminent hazard .to public health resulting from well injection that 

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causes the endangerment of an underground source of drinking 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 review 

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 the State outlining 

the deficiencies in program performance, and recommendations for 

improving State operations. The report also may provide guidance· 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-~~~-"_/_/ ____ _ 

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