[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Notices]
[Pages 48086-48087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24146]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5891-3]


Fort Peck Assiniboine and Sioux Tribes in Montana; Underground 
Injection Control; Primacy Application

AGENCY: Environmental Protection Agency.

ACTION: Notice of public comment period and of public hearing.

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SUMMARY: The purpose of this notice is to announce that: the 
Environmental Protection Agency (``EPA'') has received a submission of 
a proposed underground injection control (``UIC'') program for Class II 
(oil and gas related) injection wells from the Fort Peck Assiniboine 
and Sioux Tribes (``Tribes'') in Montana; the EPA has determined that 
the Tribes' submission is complete; the submission is available to the 
public for inspection and copying; the EPA requests public comment on 
the Tribes' application; and the EPA has scheduled a public hearing 
regarding the Tribes' application.

DATES: The public hearing will be held on Thursday, October 16, 1997. 
The EPA asks that any requests to speak at this hearing be submitted by 
Wednesday, October 8, 1997. All written comments on this application 
must be received by Friday, October 24, 1997.

ADDRESSES: The hearing will be held on the Fort Peck Indian Reservation 
in the Cultural Center, Highway 2, Poplar, Montana, at 7 p.m. Written 
comments regarding the Tribes' application and requests to speak at the 
hearing should be mailed to Douglas K. Minter, Ground Water Unit (8P2-
W-GW), Environmental Protection Agency, Region VIII, 999 18th Street, 
Suite 500, Denver, Colorado, 80202-2466, by the deadlines provided 
above. Copies of the application and pertinent materials are available 
between 8:30 a.m. and 4:00 p.m. Monday through Friday at the following 
locations:

Environmental Protection Agency, Region VIII, Ground Water Unit, 4th 
Floor Terrace, 999 18th Street, Denver, CO 80202-2466, PH: 303 312-
6079.
Fort Peck Tribal Offices, 605 Indian Avenue, Poplar, MT 59255, PH: 406-
768-5155.
Environmental Protection Agency, Region VIII, Montana Office Building, 
Federal Office Building, 301 S. Park, Helena, MT 59626-0096, PH: 406-
441-1140.

FOR FURTHER INFORMATION CONTACT: Douglas K. Minter, Ground Water Unit 
(8P2-W-GW), Environmental Protection Agency, Region VIII, 999 18th 
Street, Suite 500, Denver, CO 80202-2466, (303) 312-6079.

SUPPLEMENTARY INFORMATION: The UIC program was implemented to prevent 
contamination of all underground sources of drinking water (USDWs). 
These are aquifers capable of yielding a significant amount of water 
containing less than 10,000 mg/liter of total dissolved solids, that 
have not been exempted under the provisions of 40 CFR 146.4. (See 40 
CFR 144.3.)
    One potential source of USDW contamination is a type of injection 
well known as a Class II underground

[[Page 48087]]

injection well. Class II wells dispose (via injection) of fluids that 
are brought to the surface in connection with natural gas storage 
operations or primary oil or natural gas development and production. 
These fluids may be commingled with waste waters from gas plants which 
are an integral part of production operations, unless these fluids are 
classified as a hazardous waste at the time of production. Class II 
wells also may inject fluids for enhanced recovery of oil or natural 
gas or for storage of hydrocarbons which are liquid at standard 
temperature and pressure. (See 40 CFR Section 144.6.)
    If the application by the Fort Peck Tribes is approved, the Tribes 
would be responsible for regulating injection into Class II wells. The 
program described in the Tribes' application would require that any 
injection into Class II wells be done in compliance with Tribally-
issued permits, which will include technical requirements for the 
protection of USDWs. These requirements include criteria for 
construction, testing, operation, monitoring, and abandonment of Class 
II injection wells. At present, there are approximately 28 Class II 
injection wells on the Fort Peck Indian Reservation.
    The EPA has held primary enforcement authority for the UIC program 
on the Fort Peck Indian Reservation in Montana since the program was 
implemented in 1984. If the Tribes' application is approved, the Tribes 
would assume primary enforcement authority (except for the authority to 
take criminal actions against non-Indians, which the EPA would retain) 
for the regulation of all Class II injection wells on all lands within 
the exterior boundaries of the Fort Peck Indian Reservation. The EPA 
would retain regulatory and enforcement authority for all other classes 
of injection wells. However, the Tribes would not be prevented from 
implementing any more stringent enforcement program of their own for 
any type of injection wells.
    The Tribes' submission includes a proposed Tribal Code, a program 
description, copies of all applicable rules and forms, statements from 
Tribal counsel, and a proposed memorandum of agreement between the EPA 
and the Tribes.

    Dated: September 4, 1997.
Kerrigan G. Clough,
Assistant Regional Administrator, Office of Pollution Prevention, State 
and Tribal Assistance, Region VIII, U.S. Environmental Protection 
Agency.
[FR Doc. 97-24146 Filed 9-11-97; 8:45 am]
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