Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 36433 

(1) Thunder on the Niagara 

Hydroplane Boat Races, North 

Tonawanda, NY; The safety zone listed 

in 33 CFR 165.939(c)(4) will be enforced 

from 9 a.m. to 6 p.m. on August 4, 2018, 

until August 5, 2018. 

(2) D-Day Conneaut, Conneaut, OH; 

The safety zone listed in 33 CFR 

165.939(c)(2) will be enforced from 9 

a.m. to 5 p.m. on August 17, 2018, until 

August 18, 2018. 

(3) Madison Township Light up the 

Park, Madison, OH; The safety zone 

listed in 33 CFR 165.939(d)(1) will be 

enforced from 9:15 p.m. to 10:15 p.m. 

on September 2, 2018. 

(4) Cleveland National Air Show, 

Cleveland, OH; The safety zone listed in 

33 CFR 165.939(d)(2) will be enforced 

daily from 9 a.m. to 6 p.m. August 30— 

September 3, 2018. 

(5) Head of the Cuyahoga, Cleveland, 

OH; The safety zone listed in 33 CFR 

165.939(d)(3) will be enforced from 6:45 

a.m. to 4:15 p.m. on September 15, 

2018. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or his 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or his designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice he or 

she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the respective safety zone. 

Dated: July 25, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–16191 Filed 7–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 147 

[EPA–HQ–OW–2017–0584; FRL–9981–56– 

OW] 

State of Idaho Voluntary Transfer of 

Primacy of the Class II Underground 

Injection Control Program to the 

Environmental Protection Agency 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a final rule to 

amend its Underground Injection 

Control (UIC) regulations to reflect the 

transfer of the state of Idaho’s UIC 

program for Class II injection wells from 

Idaho to the EPA. Idaho submitted a 

formal request that the EPA transfer and 

directly implement the Class II UIC 

Program. Idaho will maintain primacy 

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

pursuant to their program approved by 

the EPA in 1985. 

DATES: This rule is effective July 30, 

2018. For judicial purposes, this final 

rule is promulgated as of July 30, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2017–0584. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Colin Dyroff, 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– 

3149; fax number: (202) 564–3754; 

email address: dyroff.colin@epa.gov; or 

Evan Osborne, U.S. Environmental 

Protection Agency, Region 10, 1200 6th 

Ave., OCE–101, Seattle, Washington 

98101; telephone number: (206) 553– 

1747; fax number: (206) 553–1762; 

email address: osborne.evan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA taking this action? 

On August 25, 2017, the EPA received 

a letter from the Idaho Department of 

Water Resources (IDWR), formally 

requesting that the EPA transfer and 

directly implement the Class II UIC 

program in Idaho, pursuant to the Code 

of Federal Regulations (CFR) at 40 CFR 

145.34(a). Class II injection wells inject 

fluids (1) that are brought to the surface 

in connection with natural gas storage, 

or oil or natural gas production; or (2) 

for the purpose of enhanced oil or 

natural gas recovery; or (3) for the 

storage of hydrocarbons, which are 

liquid at standard temperature and 

pressure. Idaho received primary 

implementation and enforcement 

authority (primacy) for Class I, II, III, IV, 

and V injection wells under the Safe 

Drinking Water Act, section 1422, on 

July 22, 1985. Idaho has since 

maintained primacy for these injection 

well classes. 

The voluntary transfer of authority for 

the UIC Class II program to the EPA will 

allow the EPA to issue Class II permits 

in Idaho. The EPA will be responsible 

for the direct implementation of the 

Class II underground injection control 

program in Idaho, including permitting, 

compliance, and enforcement 

responsibilities, pursuant to the SDWA 

and federal UIC regulations. 

On November 27, 2017, the EPA 

published a Federal Register proposed 

rule (82 FR 55968), providing notice of 

the transfer of Idaho’s UIC program for 

Class II injection wells from Idaho to the 

EPA and concurrently issuing a 

proposed rule to amend EPA’s UIC 

regulations to reflect such transfer. The 

EPA stated that if requested, a public 

hearing would be held. After receiving 

multiple hearing requests, the EPA held 

the public hearing on January 8, 2018, 

in the city of Boise, Idaho, as detailed 

in the proposed rule. At the public 

hearing, and during the 45-day 

comment period, which ended on 

January 11, 2018, the EPA received 414 

comments from 387 individual 

commenters. The EPA has reviewed all 

public testimony and comments on the 

proposed rule and has determined that 

the revisions to 40 CFR part 147 will be 

finalized in this rule as originally 

proposed. 

II. Legal Authorities 

A state with an approved primacy 

program may voluntarily transfer UIC 

program responsibilities to the EPA, 

pursuant to 40 CFR 145.34(a). The 

regulations require that the EPA provide 

notice of such transfer in the Federal 

Register at least 30 days before the 

transfer is to occur. 40 CFR 145.34(a)(3). 

The EPA published a Federal Register 

proposed rule (82 FR 55968) on 

November 27, 2017, containing that 

notice. The regulations do not provide 


daltland on DSKBBV9HB2PROD with RULES
36434 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 

for opportunity to comment on whether 

to transfer, and accordingly, the EPA 

did not take comment on such transfer. 

EPA’s regulations at 40 CFR part 147 

set forth the applicable UIC programs 

for each of the states. This rule makes 

ministerial revisions to these regulations 

to reflect the transfer. Specifically, the 

rule revises 40 CFR part 147, subpart N, 

to indicate that the Class II UIC program 

for Idaho is to be directly implemented 

by the EPA and consists of the UIC 

program requirements of 40 CFR parts 

124, 144, 146, and 148. The EPA took 

comment only on these revisions. 

Section 553(d) of the Administrative 

Procedure Act, 5. U.S.C. 553(d), 

provides that the effective date of a 

substantive rule must be at least 30 days 

after publication of the rule in the 

Federal Register, except ‘‘as otherwise 

provided by the agency for good cause.’’ 

The EPA has determined that there is 

good cause for making this final rule 

effective immediately upon publication 

because the transfer of primacy back to 

the EPA simply returns direct 

implementation and enforcement 

authority of the UIC Program for Class 

II wells in Idaho to the EPA. There are 

currently no Class II permits in effect in 

Idaho and, therefore, there is no need to 

transfer or reissue any existing stateissued Class II UIC permits as federal 

Class II UIC permits. The EPA finds that 

this constitutes good cause under 5 

U.S.C. 553(d). 

III. Public Comments Received on the 

Proposed Rule and EPA’s Response to 

Comments 

On November 27, 2017, the EPA 

issued a proposed rule (82 FR 55968) 

and requested public comment. The 

public comment period was open for 45 

days and ended on January 11, 2018. 

The EPA received 414 comments from 

387 individual commenters, including 

comments given at the January 8, 2018, 

public hearing as well as one comment 

submitted after the close of the public 

comment period. Of these comments, 

only a minority were identified as 

containing material that was determined 

to be within the scope of the proposed 

rule revision. The comments the EPA 

received and EPA’s responses are 

available in EPA’s Docket No. EPA–HQ– 

OW–2017–0584. 

IV. 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. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 regulatory action because this 

action is not significant under Executive 

Order 12866. 

C. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2040–0042. 

D. 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 rule 

does not impose any requirements on 

small entities; this action withdraws a 

state program and therein transfers 

direct implementation of the Class II 

UIC program to the EPA. We have 

therefore concluded that this action will 

have no net regulatory burden for any 

directly regulated small entities. 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This rule does not impose 

any mandates on small entities; this 

action withdraws a state program and 

therein transfers direct implementation 

of the Class II UIC program to the EPA. 

F. 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. This action 

contains no federal mandates for state 

and local governments and does not 

impose any enforceable duties on state 

and local governments. This action 

merely withdraws a state program (at 

the voluntary request from Idaho) and 

therein transfers implementation of the 

Class II UIC program to the EPA. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action contains no 

federal mandates for tribal governments 

and does not impose any enforceable 

duties on tribal governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

H. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the 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 transfers a state program. 

I. 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. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA has determined that this 

action is not subject to Executive Order 

12898 (59 FR 7629, February 16, 1994) 

because it does not establish an 

environmental health or safety standard. 

This rule does not impose any health or 

safety standards; this action transfers a 

state program and therein transfers 

direct implementation of the Class II 

UIC program to the EPA. 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 36435 

1Unless other specified, all references to part 257 

in this preamble are to title 40 of the Code of 

Federal Regulations (CFR). 

the agency makes a good cause finding. 

The EPA has made a good cause finding 

for making this final rule effective 

immediately upon publication, per 

section 553(d)(3) of the Administrative 

Procedure Act, 5. U.S.C. 553(d)(3), as 

discussed in section II, including the 

basis for that finding. 

List of Subjects in 40 CFR Part 147 

Environmental protection, Indian— 

lands, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Water supply. 

Dated: July 24, 2018. 

Andrew R. Wheeler, 

Acting Administrator. 

For the reasons set out in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 147 as 

follows: 

PART 147—STATE, TRIBAL, AND EPAADMINISTERED UNDERGROUND 

INJECTION CONTROL PROGRAMS 

■ 1. The authority citation for part 147 

is revised to read as follows: 

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

U.S.C. 6901 et seq. 

Subpart N—Idaho 

■ 2. In § 147.650 revise the section 

heading and the introductory text to 

read as follows: 

§ 147.650 State-administered program— 

Class I, III, IV, and V wells. 

The UIC program for Class I, III, IV, 

and V wells in the state of Idaho, other 

than those on Indian lands, is the 

program administered by the Idaho 

Department of Water Resources, 

approved by the EPA pursuant to 

section 1422 of the Safe Drinking Water 

Act. Notice of this approval was 

published in the Federal Register on 

June 7, 1985; the effective date of this 

program is July 22, 1985. This program 

consists of the following elements, as 

submitted to the EPA in Idaho’s 

program application. Note: Because the 

EPA subsequently transferred the Class 

II UIC program from the Idaho 

Department of Water Resources to the 

EPA, references to Class II in the 

following elements are no longer 

relevant or applicable for federal UIC 

purposes. 

* * * * * 

■ 3. Revise § 147.651 to read as follows: 

§ 147.651 EPA-administered program— 

Class II wells and all wells on Indian lands. 

(a) Contents. The EPA administers the 

UIC program for all classes of wells on 

Indian lands and for Class II wells on 

non-Indian lands in the state of Idaho. 

This program consists of the UIC 

program requirements of 40 CFR parts 

124, 144, 146, 148, and any additional 

requirements set forth in the remainder 

of this subpart. Injection well owners 

and operators, and the EPA shall 

comply with these requirements. 

(b) Effective dates. The effective date 

of the UIC program for Indian lands in 

Idaho is June 11, 1984. The effective 

date of the UIC program for Class II 

wells on non-Indian lands in Idaho is 

July 30, 2018. 

[FR Doc. 2018–16245 Filed 7–27–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 257 

[EPA–HQ–OLEM–2017–0286; FRL–9981– 

18–OLEM] 

RIN 2050–AG88 

Hazardous and Solid Waste 

Management System: Disposal of Coal 

Combustion Residuals From Electric 

Utilities; Amendments to the National 

Minimum Criteria (Phase One, Part 

One) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On April 17, 2015, the 

Environmental Protection Agency (EPA 

or the Agency) promulgated national 

minimum criteria for existing and new 

coal combustion residuals (CCR) 

landfills and existing and new CCR 

surface impoundments. In March 2018, 

EPA proposed a number of revisions to 

the 2015 CCR rule and requested 

comment on additional issues. In this 

rulemaking EPA is acting to finalize 

certain revisions to those criteria. First, 

EPA is adopting two alternative 

performance standards that either 

Participating State Directors in states 

with approved CCR permit programs 

(participating states) or EPA where EPA 

is the permitting authority may apply to 

owners and operators of CCR units. 

Second, EPA is revising groundwater 

protection standards (GWPS) for four 

constituents which do not have an 

established Maximum Contaminant 

Level (MCL). Finally, the Agency is 

extending the deadline by which 

facilities must cease the placement of 

waste in CCR units closing for cause in 

two situations: Where the facility has 

detected a statistically significant 

increase above a GWPS from an unlined 

surface impoundment; and where the 

unit is unable to comply with the 

aquifer location restriction. Provisions 

from the proposed rule that are not 

addressed in this rule will be addressed 

in a subsequent action. 

DATES: This final rule is effective on 

August 29, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OLEM–2017–0286. The 

EPA has previously established a docket 

for the April 17, 2015, CCR final rule 

under Docket ID No. EPA–HQ–RCRA– 

2009–0640. All documents in the docket 

are listed in the https://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (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 form. Publicly available docket 

materials are available either 

electronically at https://

www.regulations.gov or in hard copy at 

the EPA Docket Center (EPA/DC), EPA 

WJC West Building, Room 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The Public Reading Room is open from 

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

Friday, excluding holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the EPA 

Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this final rule, 

contact Kirsten Hillyer, Office of 

Resource Conservation and Recovery, 

Environmental Protection Agency, 

5304P, Washington, DC 20460; 

telephone number: (703) 347–0369; 

email address: hillyer.kirsten@epa.gov. 

For more information on this 

rulemaking please visit https://

www.epa.gov/coalash. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Purpose of the Regulatory Action 

EPA is finalizing certain revisions to 

the 2015 regulations for the disposal of 

CCR in landfills and surface 

impoundments to: (1) Provide States 

with approved CCR permit programs 

under the Water Infrastructure 

Improvements for the Nation (WIIN) Act 

or EPA where EPA is the permitting 

authority the ability to use alternate 

performance standards; (2) revise the 

GWPS for four constituents in Appendix 

IV to part 257 1 for which maximum 


daltland on DSKBBV9HB2PROD with RULES