### ENERGY AND ENVIRONMENT CABINET Steven L. Beshear Governor Office of General Counsel C. MICHAEL HAINES GENERAL COUNSEL 2 Hudson Hollow Road Frankfort, Kentucky 40601

Phone (502) 564-2356

Fax (502) 564-9212 Leonard K. Peters Secretary



### UNDERGROUND INJECTION CONTROL PROGRAM GENERAL'S COUNSEL STATEMENT In accordance with U.S. EPA's "Ground Water Program Guidance #19," I, C. Michael Haines, General Counsel for the Kentucky Energy and Environment Cabinet and the Department for Natural Resources, hereby ce1iify, pursuantto the provisions ofPmi C ofthe Safe Drinking Water Act [42 U.S.C. 300f

### etseq., as amended, and 40 C.P.R. 145.24(a)], that, in my opinion, the laws ofthe Commonwealth ofKentuckyprovide adequate authority to apply for, assume, and cany out the program set forth in the Program Description submitted by the Commonwealth of Kentucky, Energy and Environment Cabinet, the Depmiment for Natural Resources, Division of Oil and Gas. The specific authorities as set out below are contained in lawfully enacted statutes and regulations in full force and effect as ofthe date ofthis Opinion and which will be in full force and effect on the date ofapproval ofthis program by EPA. In anticipation ofthe applicationfor and EPA approval ofprimacy for the· Commonwealth ofKentucky's Class II InjectionWell Program, the General Assembly ofthe CommonwealthofKentucky enacted legislation granting authority to the Division ofOil and Gas ("DOG") to administer an Underground Injection Control Program consistent with Section 1425 ofthe SafeDrinking Water Act in order to protect underground sources ofdrinking water (USDW), to promulgate regulations for the purpose ofaccepting primaryresponsibility for such a program, and providing for penalties for violation ofprogram and permitrequirements and appeals to local circuit courts from decisions made inthe operation ofany approved program. As a result, administrative regulations were adopted effective upon the approval ofthe state program byEPAthat complywith the Federal requirements for such a program. The legislative action also included a specific adoption ofall other powers confened onDOG by the provisions of other statutes. The authority and powerprovided to DOG by those statutes and regulations are adequate for the Commonwealth to carry out a programregulating Class II underground injection wells in a marmer that is protective ofUSDWs. The specific statutes and regulations, which are referenced and discussed in the Program Description, include the following:

• KRS 353.510(23) • KRS 353.570

• KRS 353.590 Definition ofClass II Wells; PermitRequirementfor All Wells drilled in the

. Commonwe.alth

KentuckyUnbridledSplrit.com

### :;;:,ru~nding Requirements.

# ~UNBRIDLeD SPIRIT

# Y An Equal Opportunity Employer M/F/0• KRS 353.591

• KRS 353.592

• KRS 353.593

• KRS 353.992

• KRS Chapter 13B • 805 KAR 1:020 • 805KAR1:110 Authorization for the Administration ofState Program Upon Grant ofPrimacy Conferring Specific Powers on DOG Related to the Program Authorized by KRS 353. 591 Providing for Appeals ofDecisions under the Approved State PrograminLocal Circuit Courts Providing Penalties for Violations ofthe State Program to be Carried Out inthe Local Circuit Comts Kentucky Administrative Procedures Act Providing Protection for USDWs Underground Injection Conh·ol Permit and Program Requirements (Duly promulgated; effective upon the grant ofprimacy by EPA) The undersigned does hereby cettify that pursuant to KRS 12.210 and 12.220 and other laws ofthe Commonwealth ofKentucky, he is general counsel for the Kentucky Energy and Environment Cabinet, Depattment for Natural Resources, having full legal authority to independentlyrepresent the Cabinet, the Department, and the Division ofOil and Gas in court in all matters pettaining to the State UIC Program described herein within the terms and conditions of40 CFR 145.24. Signed, this 

# 1w day ofJune, 2010. 

# Q.N)LJ.
- C. Michael Haines, General Counsel Energy and Environment Cabinet #2 HudsonHollow Frankfort, Kentucky 40601