UNDERGROUND INJECTION CONTROL PROGRAM ATTORNEY GENERAL'S STATEMENT I herebycertify, pursuantto my authority asAttorney General and Reporter for the Stateof Tennessee

(T.C.A. § 8-6-109) and in accordance with the provisions of Part C of the Safe Drinking Water Act (SDWA), 42 U. S. C. § 300f, et seq., as amended,and 40 CFR 145.23(a), that in my opinion the laws of the Stateof Tennessee provide adequate

authority to apply for, assume and carry out the program set forth in the Program Description submitted by the Division of Water Supply, TennesseeDepartment of Environment and Conservation. The specific authorities provided are contained in the statutes or regulations that are lawfully adopted at the time this Statement is approved and signed, andwhich are in effect now, asspecified below. Furthermore, I certify that the Stateof Tennessee has not enactedany environmental audit privilege and/or immunity laws.

1. PROHffilTION OF UNAUTHORIZED INJECTION Statestatutes

andregulationsprohibit.any undergroundinjection unlessauthorizedby permit or rule. All classesof injection wells (Classes I-V) recognized by statute and regulation by the Environmental Protection Agency are covered under Tennessee'sUnderground Injection (~ontrol Regulations. FederalAuthority: SDWA Section 1421(b)(1)(A), 42 U.S.C. § 300h (b)l(A) and 40 C;FR§§ 144.6 and 144.11. Citation of StateLaws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101, et seq., containsprovisions governing the permitting of undergroundplacement of fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended, Rules 1200-4-6-.03, 1200-4-6-.06 and 1200-4-6-.07 adopted by the TennesseeWater Quality Control Board on October24,2000, becameeffective on June25,2001. Tenn. Code Ann. § 69-3-105 gives authority to the Board to adopt theseregulations. Rules 1200-4-6-.03and 1200-4-6-.07specifically prohibit construction, use or operation of injection wells, or conversion into an injection well, unlessauthorizedby permit or rule. Rule 1200- 4-6-.03(3) expressly exemptsthe following activities: (a) Operation of domestic subsurfacefluid distribution systems disposing exclusively of sanitarywaste serving lessthan 20 persons;(b) Operation of facilities injecting natural gasfor the purpose of storage;and (c) Operation of wastewater treatment ponds or lagoons permitted to dischargeto surfacewaters under the National Pollutant Discharge Elimination System (NPDES) permitting program. Rule 1200-4-6-.06containsthe classification ofirijection wells (ClassesI-V) and tracks the federal classification schemein 40 C.F.R. § 144.6.
Remarks of the Attome~ GeneIJ!l None.
2. PROHmITION OF ENDANGERING DRINKING WATER SOURCES
a. State statutes and regulations, which provide authorization of underground injection by permit, require that the applicant for a permit to inject must satisfy the Statethat the underground injection will not endangerdrinking water sources. FederalAuthority: SDWA Section 1421(b)(1)(B)(i), 42 U.S.C. § 300h (b) 1 (B)(i).
Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governing the permitting of undergroundplacement of fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended,Rule 1200-4-6-.04adoptedby the Tennessee Water Quality Control Board on October24, 2000, becameeffective on June25,2001. Tenn. CodeAnn. § 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.04 ensuresthat the State shall "protect from pollution" any underground sourceof drinking water (USDW) by requiring that permits or authorizations by rule contain terms andconditions reasonablynecessary to protect underground sourcesof drinking water. All classes of injection wells recognized by statute and regulation by EP A are covered under Tennessee's Underground Injection Control Regulations at Rule 1220-4-6-.06, which was adopted by the TennesseeWater Quality Control Board on October 24,2000, and became effective on June 25, 2001.

2Remarks of the Attomex General

The definition of a USDW in Tennessee's Underground Injection Control Regulationstracks the EP A definition in 40 C.F.R. § 144.3 and specifically includes an aquifer containing lessthan ,:, 10,000 mg/l total dissolved solids. While there is no federal law that comprehensively ad'dresses

. ground water, Tennessee has actually promulgated separate rules concerning ground water ( , 

### classification and criteria under Tennessee's

Water Quality Control Act. These

ground water rules classify as"unusable" ground water that hasTDS in excessof 3,000 ppm. We understandthat the 

### USDWdefinition

is applicable

to UICactivities

only,as made clear in Rule1200-4-6-.02.
b. Statestatutes

andregulations,which provide authorization of undergroundinjection by rule, require that the applicant for suchauthorization to inject must satisfythe Statethat the underground injection will not endanger drinking water sources, within the meaning of SDWA Section 1421(d)(2). Federal Authority: SDWA Section 1.421 (b)(l)(B)(ii), 42 U.S.C. § 300h (b) 1 (B)(ii). Citation of State Laws and Regulations ~ofEnactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governingthe permitting of undergroundplacement of fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended,Rule 1200-4-6-.04adoptedby the Tennessee Water Quality Control Board on October24, 2000, becameeffective on June25,2001. Tenn. CodeAnn. § 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.04 ensuresthat the State shall "protect from pollution" any underground sourceof drinking water (USDW) by requiring that permits or authorizations by rule contain terms andconditions reasonablynecessary to protect underground sourcesof drinking water. All classes of injection wells recognized by statute and regulation by EPA are covered under Tennessee's Underground Injection Control Regulations at Rule 1200-4-6-.06, which was adopted by the TennesseeWater Quality Control Board on October 24,2000, and became effective on June 25, 2001.
Remarks of the Attornex General The definition of a USDW in Tennessee's Underground Injection Control Regulationstracks the EPA definition in 40 C.F.R. §144.3 and specifically includes an aquifer containing lessthan 10,000 mg/l total dissolved solids. While there is no federal law that comprehensively addresses
3ground water, Tennessee has actually promulgated separate rules concerning ground water

classification andcriteria under Tennessee's Water Quality Control Act. Theseground water rules classify as"unusable" ground water that hasTDS in excessof3,000 ppm. We understandthat the USDW definition is applicable to UIC activities only, asmade clear in Rule 1200-4-6-.02.

3. PROHillITION OF MOVEMENT OF FLUID INTO AN USDW
a. State law prohibits any authorization of an underground injection by pelmit or rule that. causesor allows movement of fluid into an USDW for Class I, II or III wells. FederalAuthority: 40 C.F.R. § 144.12(a).
Citation of StateLaws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governing the permitting of undergroundplacement of fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended,

Rule 1200-4-6-.08(13) adoptedby theTennessee Water Quality Control Board on October 24,2000, becameeffective on June25,2001. Tenn. Code Ann. § 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.08 (13) requires that all UIC permits contain conditions necessary to fulfill the purposesof Tennessee's Water Quality Control Act and that suchconditions be set at levels to prevent adverse effects to person using the ground water resource. Rule 1220-4-6-.08 (13)(q) specifically addresses

permits for Class I, II and III wells and requires that they include conditions concerningplugging and abandonm~ntto prevent the movement of fluids into or between USDW.
Remarks of the Attorney General None.
b. State law prohibits any authorization of an underground injection by permit or rule that causesor allows movement of fluid containing any contaminant into a USDW for Class N or V wells, if the presence of the contaminant may cause a violation of any primary drinking water regulation or otherwise adversely affect the health of persons. FederalAuthority: 40 C.F.R. § 144.12(a).
4Citation of State Laws and Regulations Date of Enactment and AdoQtion Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governing the permitting of undergroundplacement of fluids or substances that may af(ect the waters of the state. TennesseeUnderground Injection Control Regulations, as amende~Rule 1200-4-6-.08(13) adoptedby theTennessee Water Quality Control Board on October ~:~~~~~became effective on June25, 2001. Tenn. Code Ann. § 69-3-105 gives authority to the 

### ,__JadOPlthese regulations.

, Rule 1200-4-6-.08(13) requires that all UIC permits contain conditions necessary to fulfill the purposesof Tennessee's Water Quality Control Act and that such conditions be set at levels to prevent adverse effects to persons using the ground water resource. Rule 1220-4-6-.08 (13)(q) specifically addresses

permits for ClassV wells, along with ClassesI, II and III, and requires that they include conditions concerning plugging and abandonmentto prevent the movement of fluids into or between formations containing a USDW.
Remarks of the Attorne): G~neral ClassN wells areno longer authorized in Tennessee. Existing Class N wells areto begin a closure process within six months after the effective date of the amendments to Tennessee Underground Injection Control Regulations (June25,2001). Rule 1200-4-6-.13.

c. State law requires corrective action if any movement of contaminants into a USDW is occurring from any Class I, II or III well. Federal Authority: 40 C.F.R. §§ 144.12(b) and 144.55.
Citation of State Laws and Regylations Date of Enactment and AdoQtion Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governing the permitting of undergroundplacement of fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended,

Rules 1200-4-6-.09(5), 1200-4-6-.10(3)(d).2, 1200-4-6-.11(1)(b).13and(2)(a) and(b), and 1200-4-6-.12(2)(a) adopted by the Tennessee Water Quality Control Board on October 24,2000, became effective on June25, 2001. Tenn. Code Ann. § 69-3-105 gives authority to the Board to adopt theseregulations.

5Rule 1200-4-6-.09(5) contains corrective action standards for all classesof wells. The

following rules contain design criteria to prevent movement of fluids into or between formation( s) containing a USDW for Class I, II and ill wells respectively: 1200-4-6-.10(3)(d).2;1200-4-6-.11 (2)(a) and(b); and 1200-4-6-.12(2)(a). And Rule 1200-4-6-.11(1)(b).13setsout permit requirements for Class II wells specifically requesting any contingency plans to prevent migration of cont~inating fluids into a USDW. Remarks of the Attorne~ General
ne.
d. Under state law, if it is determined that a Class V well may causea violation of drinking water regulations or adversely affect the health of persons, the State shall take such actions as necessary

to prevent the adverseeffect, including those set out in 40 C.F.R. 144.12(c). FederalAuthority: 40 C.F.R. §§ 144.12(c) and (d). Citation of StateLaws and Re~ulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governing the permitting of undergroundplacement of fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended,

Rules 1200-4-6-.

09(5) and 1200-4-6-.14 adoptedby theTennessee Water Quality Control Board on October24, 2000, becameeffective on June25,2001. Tenn. CodeAnn. § 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.09(5)containscorrective action standards for all classes

of wells. Rule 1200- 4-6-.14(5), which specifically addressesClass V wells, essentially adopts verbatim 40 C.F.R. § 144.12(c).
Remarks of the Attorne~ General None.
4. AUTHORITY TO ISSUE PERMITS OR RULE State statutesand regulations that authorize the issuanceof permits and promulgation of rules for underground injection are not less stringent than the regulations of the Environmental Protection Agency.
6FederalAuthority: SDWA Section 1422(b)(1)(A)(i), 42 U.S.C. § 300h (b) 1 (A) and 40 CFR Parts 144, 145, 124, and 146. Citation of State Laws and Regulations Date of Enactment and Adoption \:rennessee's Water Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contain~provisions governing the permitting of undergroundplacementof fluids or substances that may af ect the waters of the state. TennesseeUnderground Injection Control Regulations, as amend d, Rules 1200-4-6-.07, 1200-4-6-.08 and 1200-4-6-.11 adoptedby the Tennessee Water Qua. Control Board on October24,2000, becameeffective on June25,2001. Tenn. Code Ann. 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.07mandates that all injection wells or activities must be authorizedby permit or rule. Rule 1200-4-6-.08 contains the requirements for the contents of permit applications and it tracks the requirements in 40 C.F.R. § 144.31. Rule 1200-4-6-.11(1)(f)-(h) provides for the issuance of area permits for Class n wells and adopts verbatim the requirements in 40 C.F.R. §144.33. Remarks of the Attomex General None.
5. AUTHORITY TO CONDITION AUTHORIZED INJECTION ACTIVITIES Statestatutes

and regulations condition permits in accordancewith conditions applicable to all permits, including conditions for transfer, modification andtermination. FederalAuthority: 40CFR§§ 145.11(a)(1)-(a)(17), 144.51 and 144.52.
Citation of State Laws and Regulations Date of Enactment andAdoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governingthe permitting of undergroundplacementof fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended,Rule 1200-4-6-.08 adopted by the Tennessee Water Quality Control Board on October 24,2000, becameeffective on June25,2001. Tenn. Code Ann. § 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.08 setsout the permit conditions for all classesofUIC wells. Subsection
7.08(13) specifically contains the requirements for all permits and this subsection generally tracks

the requirements in 40 C.F.R. § 144.51. Provisions governing conditions for permit transfer, modification and revocation are found in Rules 1200-4-6-.08(6), (8), (9) and (10) respectively. Tenn. Code Ann. § 69-3-108 of the Water Quality Control Act provides authority for the Department to issue UIC permits and setsout additional permit requirements. Remarks of the Attornex General None.

6. AUTHORITY TO IMPOSE COMPLIANCE EVALUATION REQUIREMENTS
a. Statestatutes

and regulationsprovide authority for entry in and onto a site or facility for the purposeof inspections. FederalAuthority: SDWA Section 1422(b)(I)(C), 42 U.S.C. § 300h (b)I(C) and 40 CFR § 145.12. Citation of State Laws and Regulations Date of Enactment and AdoQtion Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., containsprovisions governing the permitting of undergroundplacementof fluids or substances that may affect the waters of the state. TennesseeUnderground Injection Control Regulations, as amended, Rule 1200-4-6-.08(13)(i) adopted by the Tennessee Water Quality Control Board on October24,2000, becameeffective on June25,2001. Tenn. CodeAnn. § 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.08(13)(i) specifically provides authority for Department personnel to enter upon and inspect any regulatedfacility or equipment,aswell asto copy records required underthe conditions of the permit for all classes of wells. The sameauthority is found in Tenn. CodeAnn. § 69-3-107(6). Remarks of the Attornex General None.
b. Statestatutesand regulationsmandateinspectionsof facilities and activities under the UIC program and require persons subject to authorization by permit or rule to conduct facility monitoring and reporting in the manner prescribed by the Commissioner.
8Federal Authority: SDWA Section 1422(b)(l)(C), 42 U.S.C. § 300h (b)l(C) and 40 CFR §§

146.13, 146.23,and 146.33.Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tennessee Underground Injection Control Regulations, as amended,Rules 1

200-4-6-.08(13)(i) - (1)adoptedby the Tennessee Water Quality Control Board on October 24,2000, became effective on June 25, 2001. Tenn. Code Ann. § 69-3-105 gives authority to the Board to adopt theseregulations. Rule 1200-4-6-.08(13)(i) specifically provides authority for Department personnel to enter upon and inspectany regulatedfacility or equipment,aswell asto copy recordsrequired underthe conditions of the permit for all classes of wells. The sameauthority is found in Tenn. Code Ann. § 69-3-107(6). Rule 1200-4-6-.08(13)(j) requires the permitee to monitor injection fluids, injection operationsand ground water supplies in accordancewith the requirements for eachclassof well setout in the regulations. Subsection.08(13)(k) requiresall reports and information submitted to the Department to be signed and certified. Subsection .08(13)(1) sets out specific monitoring requirementsfor permitees,including notice of planned changes,anticipated noncompliance and compliance schedules. Remarks of the Attorne): General

, None.
c. Statestatutesand regulations require permitteesandpersonssubjectto the UIC regulations to keep all records and make all reports required by the Department. FederalAuthority: SDWA Section 1422(b)(l)(C), 42 U.S.C. § 300h (b)l(C) and 40 CFR §§ 144.51(j)(2), 144.51 and 145.12.
Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tennessee Underground Injection Control Regulations, as amended,Rules 1200-4-6-.08(13)(j) - (1)adoptedby the Tennessee Water Quality Control Board
9on October 24,2000, became effective on June 25,2001. Tenn. Code Ann. § 69-3-105 gives

authority to the Board to adopt theseregulations. Rule 1200-4-6-.08(13)(j) requires the permittee to monitor injection fluids, injection operationsand ground water supplies in accordance with the requirements for eachclassof well set out in the regulations. This subsection also requires the permittee to retain records of all monitoring information, including calibration and maintenance records and the nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures. Subsection .08(13)(1) sets out specific monitoring requirements for permitees, including notice of planned changes, anticipated noncompliance and compliance schedules.
Remarks of the Attorne): General None.
7. AUTHORITY FOR ENFORCEMENT REQUIREMENTS
a. Statelaw authorizesthe Departmentto initiate proceedingsfor injunctive relief against any personwho engages

in any unlawful injection that endangers or causes

damage to the public health or the environment. FederalAuthority: 40 C.F.R. § 145.13(a)(I).
Citation of StateLaws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state. Tenn. Code Ann. § 69-3-117 gives authority to the Departmentto initiate proceedings in statecourt for injunctive relief against any personwho has violated or is about to violate the Act, conditions of a permit, the Board's regulations governing undergroundinjection control, or ordersof the Board or the Department. Tenn. CodeAnn. § 69-3- 112 also authorizes district attorneys general throughout the state to assist the Department in criminally prosecuting personswho violate the Act. Remarks of the Attorne): General None.

10b. State law authorizes the Department to initiate proceedings in court for injunctive relief

against any person who engagesin any unlawful injection in order to abate any threatened or continuing violation of any program requirement or permit condition, without the necessity of prior revocation of a permit. Federal Authority: 40 C.F.R. § 145.13(a)(2).
Citation of StateLaws and Regulations Date of Enactment andAdoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state. Tenn. Code Ann. § 69-3-117 gives authority to the Departmentto initiate proceedings in statecourt for injunctive relief against any person who has violated or is about.

to violate the Act, conditions of a permit, the Board's regulations governing undergroundinjection control, or ordersof the Board or the Department. Tenn. CodeAnn. § 69-3- 112 also authorizes district attorneys general throughout the state to assist the Department in criminally prosecuting personswho violate the Act. Remarks of the Attornex General None.

c. State law authorizes the Department to initiate proceedings for civil penalties and/or criminal remediesagainst any person who engagesin any unlawful injection. FederalAuthority: 40 C.F.R. § 145.13(a)(3).
Citation of StateLaws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state. Tenn. Code Ann. § 69-3-115 gives authority to the Department to initiate either administrative proceedings or proceedings in state court for the assessment

of civil penalties of up to $10,000.00 per day against any personwho hasviolated or is aboutto violate the Act, conditions of a permit, the Board's regulations governing underground injection control, or orders of the Board or the Department. Tenn. Code Ann. § 69-3-112 also authorizes district attorneys general throughout the stateto assistthe Department in criminally prosecuting personswho violate the Act. Tenn. Code Ann. § 69-3-115(c) authorizes criminal
11fines of up to $25,000.00 for willful violations. Remarks of the Attornex General None.
d. State law authorizes the Department to initiate proceedings for civil penalties that are appropriate to the violation against any person who engagesin any unlawful injection. FederalAuthority: 40 C.F.R. § 145.13(c). Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state. Tenn. Code Ann. § 69-3-115 gives authority to the Department to initiate either administrative proceedings or proceedings in state court for the assessment

of civil penalties of up to $10,000.00 per day against any person who hasviolated or is aboutto violate the Act, conditions of a permit, the Board's regulations governing underground injection control, or ordersof the Board or the Department. The samestatutesetsout the following factors that may be considered in the assessment of a civil penalty: (A) Economic deterrenceto the illegal activity; (B) Damagesto the state (e.g., compensation for loss of wildlife, aquatic life, plus expenses and costs); (C) Causeof the dischargeor violation; (D) Severity and effect of dischargeon receiving waters; (E) Effectiveness of action taken to cease violation; (F) Technical and economic reasonableness of reducing discharge; (G) Social and economic value of discharge source; and (H) Economic benefit gained by violator.
Remarks of the Attornex General None.

e. Statelaw authorizesthe Departmentto provide for public participation in the enforcement process by allowing interested parties to intervene in civil or administrative actions against any person who engagesin any unlawful injection that causes or may causea condition of pollution
12to the waters of the state.

FederalAuthority: 40 C.F.R. § 145.13(d)(2). Citation of StateLaws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state. Tenn. Code Ann. § 69-3-115(e)(2) authorizes private citizens to intervene in civil enforcement proceedings in state court on the grounds that the remedy(ies) provided is inadequateor basedon erroneously statedfacts. Intervention in a state court proceedingmay also be permitted under Rule 24 of the Tennessee Rules of Civil Procedure. And Tennessee's

Uniform Administrative Procedures Act containsprovisions at Tenn. CodeAnn. § 4-5-310 for intervention in administrative enforcement proceedings. Remarks of the Attorney General Public participation in administrative enforcement proceedings may be authorized under Tenn. Code Ann. § 4-5-310 only when a Departmental Order is appealedfor a contested case proceeding in the presenceof an administrative judge or hearing officer. However, in order to meet the requirements of40 C.F.R. § 145.13(d)(2), the department has committed through the memorandum executedby the General Counsel included in the Primacy Application that in the UIC program it will (1) not opposeintervention by any citizen when permissive intervention may be authorizedby statute,rule or regulation; and (2) publish notice of and provide at least 30 days public comment on any proposedsettlement of a stateenforcement action. The department does havethe legal authority to enterinto this commitment under Tenn. CodeAnn. §§ 69-3-107(7) and (8).
8. AUTHORITY FOR PUBLIC PARTICIPATION IN PERMIT PROCESSING Statestatutes

andregulationsprovide for public participation in permit processing,including public notice and opportunity for public hearing on permit applications and permit conditions. FederalAuthority: 40 C.F.R. § 145.11(a)(18) - (21).
Citation of State Laws and Regulations Date of Enactment andAdoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances
13that may affect the waters of the state.Tenn. CodeAnn. § 69-3-105(j) authorizesthe Tennessee

Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations, asamended,Rules 1200-4-6-.08(7), adoptedby the Board on October 24, 2000, becameeffective on June25, 2001. Rule 1200-4-6-.08(7)provides for public notice of draft permits, public comment, requests for public hearings, consideration of comments and responses thereto, and notice of final permit decision to applicants and persons submitting written comments. Remarks of the Attornex General None.
9. AUTHORITY TO APPLY TECHNICAL CRITERIA AND STANDARDS FOR CONTROL OF UNDERGROUND INJECTION NOT LESS STRINGENT

THAN FEDERAL REQUIREMENTS Statelaw setsout criteria and standards for underground placement of fluids or substances that may affect the waters of the state and these standards are no less stringent than federal requirements. FederalAuthority: SDWA Section 1421(a)(1)and (b)(l), 42 U.S.C. § 300h (a)(l) and (b)(l) and 40 C.F.R. Part 146.
Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations,asamended, Rules 1200-4-6-.01through 1200-4-6-.19, adoptedby the Board on October 24,2000, becameeffective on June25, 2001. Theseregulations correspondwith the following topics: 1200-4-6-.01 Authority and Purpose 1200-4-6-.11 Class II Wells 1200-4-6-.02 Definitions 1200-4-6-.12 Class III Wells 1200-4-6-.03 Injection Prohibited 1200-4-6-.13 Class IV Wells 1200-4-6-.04 Prevention of Pollution 1200-4-6-.14 Class V Wells
141200-4-6-.05 Injected Fluid Standards 1200-4-6-.15 Feesfor Class I Wells 1200-4-6-.06 Classification of Wells 1200-4-6-.16 Feesfor Class II Wells 1200-4-6-.07 Pennit Required 1200-4-6-.17 Feesfor Class III Wells 1200-4-6-.08 Authorization by Pennit 1200-4-6-.18 Feesfor Class V Wells

for Wells Not Authorized by Rule 1200-4-6-.09 General Standardsand 1200-4-6-.19 Bonds Required for

Methods Pennitted Wells 1200-4-6-.10 Class I Wells

Remarks of the Attornex General None.
10. CLASSIFICATION OF INJECTION WELLS
a. State law regulates all classesof injection wells (Classes I-V) recognized by statute and regulation by the Environmental Protection Agency. FederalAuthority: SDWA Section 1421(a)(I) and (b)(I), 42 U.S.C. § 300h (a)(I) and (b)(I) and 40 C.F.R. § 144.6.

Citation of StateLaws and Regulations Date of Enactment andAdoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the pennitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations, as amended, Rules 1200-4-6-.06, 1200-4-6-.10 through 1200-4-6-.14 adoptedby the Board on October 24,2000, becameeffective on June25, 2001. Rule 1200-4-6-.06 sets out the five classifications of injection wells. Rule 1200-4-6-10 governs provisions for Class I wells. Rule 1200-4-6-11 governs provisions for Class II wells. Rule 1200-4-6-12 governs provisions for Class III wells. Rule 1200-4-6-13 governs provisions for Class IV wells. Rule 1200-4-6-14 governs provisions for Class V wells.

15Remarks of the Attorne~ General

ClassN wells areno longer authorized in Tennessee.Existing ClassN wells areto begin a closure process within six months after the effective date of the amendmentsto Tennessee Underground Injection Control Regulations (June25, 2001). Rule 1200-4-6-.13.

b. If the Stateprogram is not applicableto oneor more classes of inj ectionwells because there are no such wells within the State, the State: (1) must have authority explicitly banning new injections for that classnot coveredby the stateprogram, or certify that suchnew injections cannot occur legally until the Statehasdevelopedanapprovedprogram for that class;and (2) demonstrate that there are no underground injections for those one or more classesof wells within the State. Federal Authority: SDWA Section 1421(a)(I) and (b)(I), 42 U.S.C. § 300h (a)(I) and (b)(I) and 40 C.F.R. § 145.21(d).
Citation of State Laws and Regulations Date of Enactment andAdoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations, as amended, Rules 1200-4-6-.06, 1200-4-6-.10 through 1200-4-6-.14 adoptedby the Board on October 24, 2000, becameeffective on June 25, 2001. Rule 1200-4-6-.06 sets out the five classifications of injection wells. Rule 1200-4-6-10 governs provisions for Class I wells. Rule 1200-4-6-11 governs provisions for Class II wells. Rule 1200-4-6-12 governs provisions for Class III wells. Rule 1200-4-6-13 governs provisions for Class N wells. Rule 1200-4-6-14 governs provisions for ClassV wells.
Remarks of the Attorne~ General None.
11. ELIMINATION OF CERTAIN CLASS N WELLS
a. Statelaw prohibits the construction of any new ClassN well for the injection of hazardous
16waste directly into an underground sourceof drinking water (USDW).

FederalAuthority: 40 C.F.R. § 144.13(a)(I). Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances that may affect the waters of the state. Tennessee Underground Injection Control Regulations,asamended,Rules 1200-4-6-.06and 1200-4-6-.13 adoptedby the Board on October 24,2000, becameeffective on June25,2001. Rule 1200-4-6-.06 setsout the five classifications of injection wells. Rule 1200-4-6-13 governs provisions for Class IV wells and subsection (1) expressly prohibits construction or operation of any well usedfor disposal of hazardousor radioactive waste into a USDW. Remarks of the Attorne~ General Class IV wells areno longer authorized in Tennessee.Existing Class IV wells areto begin a closure process within six months after the effective date of the amendments to Tennessee Underground Injection Control Regulations (June 25,2001). Rule 1200-4-6-.13.
b. Statelaw prohibits the injection of hazardouswaste directly into a USDW through a Class

; IV well that was not in operation before July 24, 1980 (effective date of 40 C.F.R. Part 146).

Federal Authority: 40 C.F.R. § 144.13(a)(2). Citation of State Laws and Regulations Date of Enactment andAdoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances that may affect the waters of the state. Tennessee Underground Injection Control Regulations,asamended,Rules 1200-4-6-.06and 1200-4-6-.13 adoptedby the Board on October 24,2000, becameeffective on June25,2001. Rule 1200-4-6-.06 setsout the five classifications of injection wells. Rule 1200-4-6-.13
17governs provisions for Class N wells and subsection (1) expressly prohibits construction or

operation of any well usedfor disposal of hazardousor radioactive waste into a USDW.
Remarks of the Attorne): General ClassN wells areno longer authorizedin Tennessee.Existing ClassN wells areto begin a closure process within six months after the effective date of the amendments to Tennessee Underground Injection Control Regulations (June25, 2001). Rule 1200-4-6-.13.

c. State law prohibits any increase in the amount of hazardous waste or change in type of hazardouswaste injected into awell injecting hazardouswaste directly into a USDW. Federal Authority: 40 C.F.R. § 144.13(a)(4). Citation of State Laws and Regulations Date of Enactment andAdoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations,asamended,Rules 1200-4-6-.06and 1200-4-6-.13 adoptedby the Board on October 24,2000, becameeffective on June25,2001. Rule 1200-4-6-.06 setsout the five classifications of injection wells. Rule 1200-4-6-.13 governs provisions for Class N wells and subsection (1) expressly prohibits construction or operation of any well usedfor disposal of hazardousor radioactive waste into a USDW. Remarks of the Attorne): General ClassN wells areno longer authorizedin Tennessee.Existing ClassN wells areto begin a closure process within six months after the effective date of the amendments to Tennessee Underground Injection Control Regulations (June 25,2001). Rule 1200-4-6-.13.
d. State law prohibits the operation of any Class N well injecting hazardouswaste directly into a USDW after six (6) months following approval of any UlC program for the State.

18FederalAuthority: 40 C.F.R. §§ 144.13(a)(3), 144.14, and 145.11(a)(26).
Citation of State Laws and Regulations Date of Enactment andAdo~tion Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizesthe Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations,asamended,Rules 1200-4-6-.06and 1200-4-6-.13 adoptedby the Board on October 24, 2000, becameeffective on June25, 2001. Rule 1200-4-6-.06 setsout the five classifications of injection wells. Rule 1200-4-6-.13 governs provisions for Class IV wells and subsection (1) expressly prohibits construction or operation of any well used for disposal of hazardous or radioactive waste into a USDW. Subsection(2) of the samerule requiresclosureof any existing Class IV wells within six months after the effective date of the amendments to Tennessee Underground Injection Control Regulations (June25, 2001). Rule 1200-4-6-.13. Remarks of the Attorne~ General None.

e. State law requires owners or operators of hazardouswaste managementfacilities and all generators

of hazardous

wasteto comply with the requirements of 40 C.F.R. § 144.14governing wells injecting hazardouswaste. FederalAuthority: 40 C.F.R. § 144.14.
Citation of StateLaws and Regulations Date of Enactment and Ado~tion Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of :undergroundplacement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement offluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations,asamended,Rules 1200-4-6-.06and 1200-4-6-.13 adoptedby the Board on October 24,2000, becameeffective on June25,2001.
19Rule 1200-4-6-.06 setsout the five classifications of injection wells. Rule 1200-4-6-.13

governs provisions for Class IV wells and subsection (1) expressly prohibits construction or operation of any well used for disposal of hazardous or radioactive waste into a USDW. Subsection(2) of the samerule requiresclosureof any existing Class IV wells within six months after the effective date of the amendments to Tennessee Underground Injection Control Regulations (June25,2001). Rule 1200-4-6-.13. Remarks of the Attorne~ General None.
12. AUTHORITY TO illENTIFY AQUIFERS THAT

ARE USDWs AND TO EXEMPT CERTAIN AQUIFERS State law identifies the types of aquifers that are underground sourcesof drinking water (USDW) and exempts certain aquifers. FederalAuthority: 40 C.F.R. §§ 144.3, 144.7, and 145.11(a)(25).
Citation of StateLaws and Regylations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Tennessee Underground Injection Control Regulations,asamended,Rules 1200-4-6-.02 adoptedby the Board on October24, 2000, becameeffective on June25, 2001. Rule 1200-4-6-.02(50) contains a definition of underground sourceof drinking water that directly parallels the definition of a USDW in 40 C.F.R. § 144.3. This definition contains an exemption for any aquifer that hasbeendesignated by the Department asa Class II injection zone in connection with oil or natural gasproduction. Remarks of the Attorne~ General Thedefinition ofa USDW in Tennessee's Underground Injection Control Regulationstracks the EP A definition in 40 C.F.R. 144.3 and specifically includes an aquifer containing lessthan 10,000mg/l total dissolved solids. While there is no federal law that comprehensively addresses ground water, Tennessee has actually promulgated separate rules concerning ground water
20

.classification andcriteria underTennessee's Water Quality Control Act. Thesegroundwater rules classify as"unusable" groundwater that hasTDS in excess of 3,000 ppm. We understand that the USDW definition is applicable to UIC activities only, asmade clear in Rule 1200-4-6-.02.

13. AUTHORITY OVER FEDERAL AGENCIES AND PERSONS OPERATING ON FEDERALLY OWNED OR LEASED PROPERTY State law applies to underground injection by federal agenciesand to any underground injection by any other personwhether or not occurring on property owned or leasedby the United States. FederalAuthority: SDWA Section 1421(b)(l)(D), 42 U.S.C. § 300h (b)(I)(D) and Section 1447(b), 42U.S.C. § 300j-6(b).
Citation of StateLaws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn..Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substances

that may affect the waters of the state. Neither the Water Quality Control Act nor Tennessee's

Underground Injection Control Regulations, asamendedandadoptedby the Board on October24,2000 (effective on June25, 2001), exempt federal facilities. The definition of "person" in the Water Quality Control Act atTenn. CodeAnn. § 69-3-103(20) includes federal agenciesand officers thereof.
Remarks of the Attornex General None.

14. STATE AUTHORITY OVER INDIAN LANDS Whenever a Stateasserts authority over activities on Indian lands,the Stateauthority must demonstrateit is ableto regulatethoseactivities within the Stateand give an appropriate analysis
21of State authority.

FederalAuthority: 40 C.F.R. § 145.23(b).
Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement l of fluids or substances that may affect the waters of the state. Neither the Water Quality Control ~f Act nor Tennessee's Underground Injection Control Regulations,asamendedand adoptedby the r Board on October24,2000 (effective on June25,2001), exempt Indian lands. There arecurrently 

### t no Indian lands in Tennessee.

~ i :: c i:: ) Remarks of the Attorne~ General None.

15. AUTHORITY TO REVISE STATE UNDERGROUND

INJECTION CONTROL PROGRAMS Statelaw provides authority to revise the State's underground injection control program. Federal Authority: SDWA Section 1422(b)(I)(B), 42 U.S.C. § 300h-l (b)(I)(B) and40 C.F.R. § 145.32. Citation of State Laws and Regulations Date of Enactment and Adoption Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substancesthat may affect the waters of the state. Revisions to Tennessee's Underground Injection Control Regulations,asamended and adoptedby the Board on October24, 2000 (effective on June25, 2001), are made under the Uniform Administrative ProceduresAct, Tenn. Code Ann. §§ 4-5-101 et seq.
22Remarks of the Attornex General None.

16. AUTHORITY TO MAKE AND KEEP RECORDS AND

MAKE REPORTS ON PROGRAM ACTIVITIES ALL AS PRESCRIBED BY THE ENVIRONMENTAL PROTECTION AGENCY ~' State law provides authority for the Stateto make and keep records and make reports on

~ 

### underground injection control program activities, as prescribed

under federal aw. [ f
1 

### Federal

Authority: SDW

A Section

1422(b)(1)(A)(ii),

42U.S.C.

§300h-1 (b)(1)(A)(ii)

and ! 40 C.F.R. §§ 145.14, 145.24. r ' t : Citation of State Laws and Regulations Date of Enactment andAdol2tion Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq., contains provisions governing the permitting of underground placement of fluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substancesthat may affect the waters of the state. Tenn. Code Ann. § 69-3-113 provides authority to the Department andthe Water Quality Control Board to procure information from persons who are causing or may be about to causepollution, and further authorizes these agencies to require persons to maintain such records as may be necessaryto the Board or Department to facilitate the dischargeof their duties.
Remarks of the Attornex General None.

17. AUTHORITY TO MAKE AVAILABLE TO EP A, WITHOUT RESTRICTION, ANY INFORMATION OBTAINED OR USED IN ADMINISTRATION OF THE STATE PROGRAM, INCLUDING INFORMATION CLAIMED BY PERMIT APPLICANT AS CONFillENTIAL
23State law provides authority for the Stateto make and keep records and make reports on

underground injection control program activities to EP A, including information consideredby a permit applicant to be proprietary and confidential. FederalAuthority: SDWA Section 1422(b)(I)(A)(ii), 42 U.S.C. § 300h-1 (b)(l)(A)(ii) and 40 C.F.R. §§ 145.14.
Citation of StateLaws and Regulations ! 

### Date of Enactment

and AdoQtion l Tennessee'sWater Quality Control Act of 1977, Tenn. Code Ann. § 69-3-101 et seq.,

contains provisions governing the permitting of underground placement offluids or substances that may affect the waters of the state.Tenn. Code Ann. § 69-3-105(j) authorizes the Tennessee Water Quality Control Board to promulgate all necessaryrules related to underground placement of fluids or substancesthat may affect the waters of the state. Tenn. Code Ann. § 69-3-113 provides authority to the Departmentandthe Water Quality Control Board to procure information from persons who are causing or may be about to causepollution, and further authorizes these agencies to require persons to maintain such records as may be necessary to the Board or Department to facilitate the dischargeof their duties. Tenn. Code Ann. § 69-3-113(a)(2) makes it clear that such information includes data containing secret formulae and proprietary manufacturing processes. Remarks of the Attorne~ General None.

PAULG. SUM RS Attorney General and Reporter 

# D A TElf;7'-~~~ £

24