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 s ent 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 he aring. One member of the public requested a hearing . T herefore

, 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

pe ople attended the hearing: s even teen 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 per iod. 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 R elated to I mplementation of the UIC P rogram

1

. What are the EPA’s minimum requirements for Class V injection well s? All injec tion wells must have authorization to inject. This authorization is granted either by rule or permit. The E PA’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 o f 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 . T he state always has the option to pass rul es 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 Ac t , 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 cond ucting all activities related to the promulgation of the UIC rules. They conducted 3 public hearings throughout the State on the proposed rule.

Comments O utside of the S cope of the EPA’s A uthority to R eview

Source of State funding The EPA requires that a t 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 t he 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 pe rmitting fees to help fund the implementation of the UIC program.