18316 Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: March 23, 2015. 

B.W. Roche, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2015–07846 Filed 4–3–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 147 

[EPA–HQ–OW–2011–0520; FRL–9924–92– 

OW] 

State of Tennessee Underground 

Injection Control (UIC) Program; 

Primacy Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is taking direct 

final action to approve the State of 

Tennessee Underground Injection 

Control (UIC) Program for primacy to 

implement and enforce state regulations 

for all UIC injection wells located 

within the state, except for Class VI and 

all wells on Indian lands, as required by 

rule under the Safe Drinking Water Act 

(SDWA). The Agency determined that 

the state’s UIC Program is consistent 

with the provisions of the SDWA and is 

as stringent as all applicable federal 

regulations to prevent underground 

injection activities that endanger 

underground sources of drinking water. 

DATES: This rule is effective on July 6, 

2015 without further notice, unless EPA 

receives adverse comment by May 6, 

2015. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

For judicial purposes, this final rule is 

promulgated as of July 6, 2015. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of July 6, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2011–0520, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: OW-Docket@epa.gov. 

• Mail: State of Tennessee; 

Underground Injection Control (UIC) 

Primacy, U.S. Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

• Hand Delivery: Water Docket, EPA 

Docket Center (EPA/DC) EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2011– 

0520. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All supporting documents in 

the docket are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Water Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC; and U.S. 

Environmental Protection Agency, 

Region 4, Library 9th Floor, 61 Forsyth 

Street SW., Atlanta, Georgia 30303. The 

Water Docket Facility Public Reading 

Room in Washington, DC, is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

Public Reading Room telephone number 

is (202) 566–1744 and the telephone 

number of the Water Docket is (202) 

566–2426. The Region 4 Library is open 

from 8:00 a.m. to 3:45 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

library is (404) 562–8190. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Ginsberg, Drinking Water 

Protection Division, Office of Ground 

Water and Drinking Water (4606M), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

564–3881; fax number: (202) 564–3754; 

email address: ginsberg.marilyn@

epa.gov or Nancy H. Marsh, Safe 

Drinking Water Branch, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303; telephone 

number (404) 562–9450; fax number: 

(404) 562–9439; email address: 

marsh.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing a direct final 

rule? 

EPA published this rule without a 

prior proposed rule because the Agency 

views this action as noncontroversial 

and anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

published a separate document that 

serves as the proposed rule if the 

Agency receives adverse comment on 

this direct final rule. The Agency will 

not institute a second comment period 

on this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 


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Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations 18317 

on this rule, see the ADDRESSES section 

of this document. 

If EPA receives adverse comment, the 

Agency will publish a timely 

withdrawal in the Federal Register, 

informing the public that this direct 

final rule will not take effect. The 

Agency will then address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. Does this action apply to me? 

REGULATED ENTITIES

Category Examples of potentially regulated entities 

North American Industry 

Classification 

System 

State, Local, and Tribal Governments ......................... State, local, and tribal governments that own and operate Class I, II, 

III, IV, and V injection wells located within the state.

924110 

Industry ......................................................................... Private owners and operators of Class I, II, III, IV, and V injection wells 

located within the state.

221310 

Municipalities ................................................................ Municipal owners and operators of Class I, II, III, IV, and V injection 

wells located within the state.

924110 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

persons listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

III. Legal Authorities 

EPA approves the State of Tennessee’s 

UIC Program primacy application for 

Class I, II, III, IV, and V injection wells 

located within the state, as required by 

rule under the SDWA, to prevent 

underground injection activities that 

endanger underground sources of 

drinking water. Accordingly, the 

Agency codifies the state’s program in 

the Code of Federal Regulations (CFR) at 

40 CFR part 147, under the authority of 

the SDWA, sections 1422 and 1450, 42 

U.S.C. 300h–1 and 300j–9. The state 

applied to EPA under sections 1422 of 

the SDWA, 42 U.S.C. 300h–1, for 

primacy (primary enforcement 

responsibility) for all UIC classes of 

injection wells, with the exception of 

Class VI injection wells and all wells on 

Indian lands. 

The Agency’s approval is based on a 

legal and technical review of the state’s 

primacy application as directed at 40 

CFR part 145 and the requirements for 

state permitting and compliance 

evaluation programs, enforcement 

authority and information sharing at 40 

CFR parts 124 and 144, to determine 

that the state’s program is as stringent as 

all applicable federal regulations. EPA 

oversees the state’s administration of the 

UIC program; part of the Agency’s 

oversight responsibility requires 

quarterly reports of non-compliance and 

annual UIC performance reports 

pursuant to 40 CFR 144.8. The 

Memorandum of Agreement between 

EPA and the State of Tennessee, signed 

by the Regional Administrator on 

October 20, 2004, provides the Agency 

with the opportunity to review and 

comment on all permits. The Agency 

continues to administer the UIC 

program for Class VI injection wells in 

the state and all wells on Indian lands 

(if any such lands exist in the state in 

the future). 

IV. Tennessee’s Application 

A. Public Participation Activities 

Conducted by the State of Tennessee 

As part of the primacy application 

requirements, the state held three public 

hearings on the state’s intent to apply 

for primacy. The hearings were held on 

July 9, 17, and 24, 2001, in the cities of 

Jackson, Murfreesboro and Knoxville, 

respectively. The comments received at 

the hearings were supportive of the state 

pursuing primacy for the UIC program 

and expressed concerns related to 

allowing Class I injection wells 

throughout the state. Because of these 

concerns, the state has restricted the use 

of Class I injection wells to only certain 

parts of the state. The state also placed 

a ban on the construction and operation 

of Class I hazardous waste injection 

wells in the state. Currently the State of 

Tennessee has no Class I injection wells. 

B. Public Participation Activities 

Conducted by EPA 

On May 3, 2012, the Agency 

published a document of the state’s 

application in the Federal Register (77 

FR 262331). This document provided 

that a public hearing would be held if 

requested. There was one request for a 

public hearing; therefore, the Agency 

held a public hearing on June, 7, 2012, 

in Nashville. At the hearing, a 

commenter requested and received 

clarification from the Agency related to 

the approval of Class V injection wells. 

The commenter also raised concerns 

regarding state permitting fees and the 

funding source for the state’s UIC 

program. The Agency determined that 

the fee and funding issues are outside 

the scope of the federal program and are 

not relevant as to whether the state’s 

regulations are as stringent as the 

federal regulations. 

C. Incorporation by Reference 

This direct final rule amends 40 CFR 

part 147 and incorporates by reference 

EPA-approved state statutes and 

regulations. The provisions of the State 

of Tennessee’s Code that contain 

standards, requirements and procedures 

applicable to owners or operators of UIC 

well classes I, II, III, IV, and V are 

incorporated by reference into 40 CFR 

part 147. Any provisions incorporated 

by reference, as well as all permit 

conditions or permit denials issued 

pursuant to such provisions, will be 

enforceable by EPA pursuant to the 

SDWA, section 1423 and 40 CFR 

147.1(e). 

In order to better serve the public, the 

Agency is reformatting the codification 

of the EPA-approved state statutes and 

regulations for Well Classes I, II, III, IV, 

and V. Instead of codifying the 

Tennessee Statutes and Regulations as 

separate paragraphs, the Agency is now 

codifying a binder that contains the 

EPA-approved Tennessee Statutes and 

Regulations for Well Classes I, II, III, IV, 

and V. This binder will be incorporated 

by reference into 40 CFR part 147 and 

available at regulations.gov in the 

docket for this rule. The Agency will 

also codify a table listing the EPAapproved Tennessee Statutes and 

Regulations for Well Classes I, II, III, IV, 

and V in 40 CFR part 147. 


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V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. EPA 

determined that there is no need for an 

Information Collection Request under 

the Paperwork Reduction Act because 

this direct final rule does not impose 

any new federal reporting or 

recordkeeping requirements. Reporting 

or recordkeeping requirements are based 

on the State of Tennessee UIC 

Regulations, and the state is not subject 

to the Paperwork Reduction Act. 

However, OMB has previously approved 

the information collection requirements 

contained in the existing regulations (40 

CFR parts 144–148) under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and assigned 

OMB control number 2040–0042. The 

OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This action 

does not impose any new requirements 

on any regulated entities. It simply 

codifies the State of Tennessee’s UIC 

Program regulations, which are at least 

as stringent as the federal regulations. 

We have therefore concluded that this 

action will have no net regulatory 

burden for all directly regulated small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1521–1538. The action 

imposes no enforceable duty on any 

state, local or tribal governments or the 

private sector. 

E. Executive Order 13132—Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 as explained in section 

V.C. Thus, Executive Order 13175 does 

not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it approves a state action as 

explained in section V.C. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations because the rule does not 

affect or change the level of protection 

provided to human health or the 

environment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 147 

Environmental protection, 

Incorporation by reference, Indianlands, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and Water supply. 

Dated: March 30, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, title 40 of the Code of Federal 

Regulations is amended as follows: 

PART 147—STATE, TRIBAL, AND 

EPA–ADMINISTERED UNDERGROUND 

INJECTION CONTROL PROGRAMS 

■ 1. The authority citation for part 147 

continues to read as follows: 

Authority: 42 U.S.C. 300h et seq.; and 42 

U.S.C. 6901 et seq. 

■ 2. Add § 147.2150 to read as follows: 

§ 147.2150 State-administered program— 

Class I, II, III, IV, and V wells. 

The UIC program for Class I, II, III, IV, 

and V wells in the State of Tennessee, 

except for those on any Indian lands, is 

the program administered by the 

Tennessee Department of Environment 

and Conservation, approved by EPA 

pursuant to section 1422 of the SDWA. 

Notice of this approval was published in 

the Federal Register on April 6, 2015; 

the effective date of this program is July 

6, 2015. This program consists of the 

following elements, as submitted to EPA 

in the state’s program application. 

(a) Incorporation by reference. The 

requirements set forth in the Tennessee 

State statutes and regulations cited in 

the binder (Volumes 1 and 2) entitled 

‘‘EPA-Approved State of Tennessee Safe 

Drinking Water Act section 1422 

Underground Injection Control (UIC) 

Program Statutes and Regulations for 

Well Classes I, II, III, IV, and V,’’ dated 

September 2013 and Table 1 to 

paragraph (a) of this section are hereby 

incorporated by reference and made a 

part of the applicable UIC program 

under the SDWA for the State of 

Tennessee. This incorporation by 

reference was approved by the Director 

of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Copies of the Tennessee regulations may 

be obtained or inspected at Tennessee 

Department of Environment and 

Conservation, 6th Floor, 401 Church 

Street, Nashville, Tennessee 32743, 

(315) 532–0191, at the Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960, (404) 562–8190 or at the National 


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Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules and Regulations 18319 

Archives and Records Administration 

(NARA). For information on availability 

of this material at NARA, call (202) 741– 

6030, or go to: http://www.archives.gov/ 

locations/. 

TABLE 1 TO PARAGRAPH (a) EPA-APPROVED TENNESSEE SDWA SECTION 1422 UNDERGROUND INJECTION CONTROL

PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, II, III, IV, AND V 

State citation Title/subject State effective date EPA approval date 1

Tennessee Code Annotated, Title 4, 

Chapter 5.

Uniform Administrative Procedures 

Act.

August 5, 2011 ................................. 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

68, Chapter 221, Part 4.

Subsurface Sewage Disposal Systems.August 5, 2011 ................................. 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

68, Chapter 221, Part 7.

Tennessee Safe Drinking Water Act 

of 1983.

July 9, 2012 ...................................... 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

68, Chapter 212, Section 101 et 

seq.

Hazardous Waste Management Act 

of 1977.

July 9, 2012 ...................................... 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

68, Chapter 212, Section 201 et 

seq.

Hazardous Waste Management Act 

of 1983.

July 9, 2012 ...................................... 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

68, Chapter 203.

Tennessee Environmental Protection Fund.May 10, 2012 ................................... 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

68, Chapter 211, Part 1.

Tennessee Solid Waste Disposal 

Act.

June 25, 2009 .................................. 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

68, Chapter 215, Part 1.

Tennessee Petroleum Underground 

Storage Tank Act.

June 29, 2009 .................................. 4/6/15 [Insert Federal 

Register Citation]. 

Tennessee Code Annotated, Title 

69, Chapter 3, Part 1.

Water Quality Control Act ................ October 1, 2012 ............................... 4/6/15 [Insert Federal 

Register Citation]. 

Official Compilation Rules & Regulations of the State of Tennessee 

Chapter 0400–45–06.

Underground Injection Control ......... December 11, 2012 ......................... 4/6/15 [Insert Federal 

Register Citation]. 

Official Compilation Rules & Regulations of the State of Tennessee 

Chapter 0400–45–01.

Public Water Systems ...................... December 11, 2012 ......................... 4/6/15 [Insert Federal 

Register Citation]. 

Compilation Rules & Regulations of 

the State of Tennessee Chapter 

1200–1–6.

Regulations to Govern Subsurface 

Sewage Disposal Systems.

November 24, 2009 ......................... 4/6/15 [Insert Federal 

Register Citation]. 

Official Compilation Rules & Regulations of the State of Tennessee 

Chapter 0400–12–01–.02(1)(c).

Hazardous Waste Management ...... September 20, 2012 ........................ 4/6/15 [Insert Federal 

Register Citation]. 

Official Compilation Rules & Regulations of the State of Tennessee 

Chapter 0400–20–05–.161.

Standards For Protection Against 

Radiation.

May 22, 2012 ................................... 4/6/15 [Insert Federal 

Register Citation]. 

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register document cited in this 

column for the particular provision. 

(b) Memorandum of Agreement 

(MOA). The MOA between EPA Region 

4 and the Tennessee Department of 

Environment and Conservation signed 

by EPA Regional Administrator on 

October 20, 2004. 

(c) Statements of legal authority. 

‘‘Underground Injection Control 

Program, Attorney General’s 

Statement,’’ signed by Attorney General 

of Tennessee on July 26, 2005 and 

‘‘Updating the Attorney General’s 

Statement on UIC Program Authority,’’ 

signed by General Counsel of the 

Tennessee Department of Environment 

and Conservation on November 10, 

2011. 

(d) Program description. The Program 

Description submitted as part of 

Tennessee’s application, and any other 

materials submitted as part of this 

application or as a supplement thereto. 

■ 3. In § 147.2151, revise the section 

heading and the first sentence in 

paragraph (a) to read as follows: 

§ 147.2151 EPA-administered program 

Class VI and Indian lands. 

(a) Contents. The UIC program for 

Class VI wells and all wells on Indian 

lands in the State of Tennessee is 

administered by EPA. *** 

* * * * * 

§§ 147.2154 and 147.2155 [Removed] 

■ 4. Remove §§ 147.2154 and 147.2155. 

[FR Doc. 2015–07746 Filed 4–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 147 

[EPA–HQ–OW–2012–0186; FRL–9924–94– 

OW] 

State of Washington Underground 

Injection Control (UIC) Program 

Revision Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is taking direct 

final action to approve the State of 

Washington Underground Injection 

Control (UIC) Program revisions as 

required by rule under the Safe Drinking 

Water Act (SDWA). The Agency 

determined that the state’s program 

revisions are consistent with the 


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