Responsiveness Summary

Docket No. EPA-HQ-OW-2011-0520

Notice of Public Comment Period and of Public Hearing

State of Tennessee; Underground Injection Control Program Primacy

The U.S. Environmental Protection Agency, Region 4 published in the Federal Register, on May 3, 

2012, a notice of public comment period and public hearing for the State of Tennessee, Underground 

Injection Control (UIC) Program. The notice was published as a legal notice in Memphis, Nashville and 

Knoxville newspapers. It was also sent to persons on the Region 4 mailing list for UIC activities in the 

Region and activities in Tennessee, as well as, the mailing list supplied by Tennessee for UIC activities.

The Federal Register notice gave an opportunity for the public to request a hearing. One member of the 

public requested a hearing. Therefore, a hearing was held on June 7, 2012, at the main office of the 

Tennessee Department of Environment and Conservation (TDEC) in Nashville, Tennessee. Twenty-one 

people attended the hearing: seventeen were from TDEC; three from industry and one from the Attorney 

General’s office. Only one person gave oral testimony.

The public comment period was held from May 7, 2012 until June 14, 2012. Only one written comment 

was received during the comment period. The written comment and the oral testimony, given at the 

public hearing, were provided by the same person/organization.

The comments received can be grouped in two categories; the first are related directly to the 

implementation of the UIC regulations and how the rules were promulgated; the second are for those 

that are outside the scope of the EPA’s authority to review.

Comments Related to Implementation of the UIC Program

1. What are the EPA’s minimum requirements for Class V injection wells?

All injection wells must have authorization to inject. This authorization is granted either by rule or 

permit. The EPA’s requirements for Class V injection wells are set out at 40 C.F.R. §§144.24 and 

144.83. For Class V wells that are authorized by rule the owner/operator of the well must provide the 

following basic inventory information about the well:

Facility name and location;

Name and address of legal contact;

Ownership of the facility;

Nature and type of injection wells; and

Operating status of injection well.

Additional information may be requested.

Injection into a Class V well is prohibited upon failure to submit inventory information in a timely 

manner or failure to comply with a request for additional information.

Many Class V wells require an individual permit. The circumstances under which a permit is required 

for a Class V well are provided at 40 C.F.R. §144.84.

Additionally, if a Class V well allows movement of fluid into a USDW that may cause a violation of a 

primary drinking water regulation the Director shall: require the injector to get an individual permit; 
issue an order to the injector to take such action as necessary to prevent the violation; order the injector 

to close the well; or take other enforcement action.

The above are the federal requirements for a Class V well. A state must have rules and regulations that 

are as stringent as the federal requirements. The state always has the option to pass rules that are more 

stringent than the federal requirements.

2. Regulation of decentralized wastewater treatment systems.

The EPA requires all injection wells to be regulated in such a manner; as to meet all of the requirements 

of the Safe Drinking Water Act, that is protective of underground sources of drinking water (USDW),

and is consistent with the Federal UIC program. Each state program must determine how best to regulate 

any type of injection well to protect the underground sources of drinking water in the state. The EPA 

must ensure that all wells are appropriately regulated but is not prescriptive when it comes to regulating 

most Class V wells.

3. UIC Rule-making Procedures

EPA cannot speak to what information the state had or what the state considered in passing its rules and 

regulations. EPA’s concern is that the rules and regulations are USDW. The information that the EPA 

has regarding the rule making for the UIC regulation is that Tennessee followed it Administrative 

Procedures Act in conducting all activities related to the promulgation of the UIC rules. They conducted 

3 public hearings throughout the State on the proposed rule.

Comments Outside of the Scope of the EPA’s Authority to Review

Source of State funding

The EPA requires that at least 25% of the funding for any federally authorized UIC program be funded 

with state monies. The EPA cannot dictate where or how these monies are obtained. The EPA is not 

familiar with the requirements of the Environmental Fund that was referenced in the comment letter.

The EPA does not have the authority to assess any permitting fees, but that does not affect the state’s 

ability to assess permitting fees to help fund the implementation of the UIC program.