§ 147.1751 - State-administered program - Class I, III, IV, V and VI wells.

§ 147.1751 State-administered program - Class I, III, IV, V and VI wells.

Cross Reference

Link to an amendment published at 84 FR 15121, Apr. 15, 2019.

The UIC program Program for Class I, III, IV, and V wells in the state State of North Dakota, except those located on Indian lands, as defined under 40 CFR 144.3, is the program administered by the North Dakota Department of HealthEnvironmental Quality, approved by the EPA pursuant to SDWA section 1422 of the SDWA. Notification of this approval was published in the Federal Register on September 21April 15, 19842019; the effective date of this program is October 5, 1984effective May 15, 2019. The UIC Program for Class VI wells in the state State of North Dakota, except those located on Indian lands, is the program administered by the North Dakota Industrial Commission (NDIC), approved by the EPA pursuant to SDWA section 1422 of the SDWA. Notification of this approval was published in the Federal Register on April 24, 2018; the effective date of this the NDIC UIC Class VI program is April 24, 2018. This program consists The State-administered UIC programs for Classes I, III, IV, V, and VI consist of the following elements, as submitted to the EPA in the stateState's program revision applicationapplications.

(a) The requirements set forth in the state State statutes and regulations cited in the binder entitled approved by the EPA for inclusion in “EPA-Approved North Dakota SDWA § 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI,” dated December 2013January 2019, and listed in Table table 1 to this paragraph (a) of this section, are incorporated by reference and made a part of the applicable UIC program under the SDWA for the state State of North Dakota. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the North Dakota regulations that are material incorporated by reference in this paragraph (a) of this section may be inspected at the U.S. Environmental Protection Agency, Region 8VIII, Library 2nd Floor, 1595 Wynkoop Street, Denver, Colorado 80202; -1129. If you wish to obtain this material from the EPA Regional Office, call [phone]. Copies of this material also may be inspected at the EPA Headquarters Library, in the Water Docket, at the EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials this material from the EPA Regional OfficeDocket Center, please call [phone]; for materials from a docket in the EPA Headquarters Library, please call the Water Docket at [phone]. Copies of this material also may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call [phone], or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Table 1 to Paragraph (a) - EPA-Approved North Dakota SDWA § Section 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI

September 21, 1984, 49 FR 37066

State citation	Title/subject	State effective date	EPA approval date 1
North Dakota Century Code Sections 38-12-01 - through 38-12-03	Regulation, Development and Production of Subsurface Minerals	1980	September 21, 1984, 49 FR 37066.
North Dakota Century Code Sections 61-28-02 and 61-28-06	Control, Prevention and Abatement of Pollution of Surface Waters	1989	March 6, 1991, 56 FR 9418.
North Dakota Century Code Sections 61-28.1-01 and 61-28.1-12	Safe Drinking Water Act	2019	April 15, 2019, [insert Federal Register citation].
North Dakota Administrative Code Sections 33.1-25-01-01 - through 33.1-25-01-18	Underground Injection Control Program	1983	2019	April 15, 2019, [insert Federal Register citation].
North Dakota Administrative Code Sections 43-02-02-01 -through 43-02-02-50	Subsurface Mineral Exploration and Development	1986	March 6, 1991, 56 FR 9418.
North Dakota Administrative Code Sections 43-02-02.1-01 - through 43-02-02.2-19	Underground Injection Control Program	1984	September 21, 1984, 49 FR 37066.
North Dakota Century Code Sections 38-22-01 - through 38-22-23	Carbon Dioxide Underground Storage	2009	April 24, 2018, 83 FR 17761.
North Dakota Administrative Code Sections 38-08-16 - and 38-08-17	Control of Oil and Gas Resources	2013	April 24, 2018, 83 FR 17761.
North Dakota Administrative Code Sections 43-05-01-01 - through 43-05-01-20	Geologic Storage of Carbon Dioxide	2013	April 24, 2018, 83 FR 17761.

¹ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

(b) The following statutes and regulations, although not incorporated by reference, also are part of the approved State-administered program:

(1) North Dakota Environmental Law Enforcement Act of 1975, North Dakota Century Code Sections 32-40-01 to 32-40-11 (1976); and

(2) North Dakota Century Code, Ch. 38-12 (Regulation, Development, and Production of Subsurface Minerals) (1979);

(3) North Dakota Century Code Chapter 61-28 (Control, Prevention and Abatement of Pollution of Surface Waters) (1989);

(4) North Dakota

Administrative Code Article 33-22 (Practice and Procedure) (1983).

(c) The Memorandum of Agreement for the Class I, III, IV, and V Underground Injection Control Program between EPA Region VIII 8 and the North Dakota Department of HealthEnvironmental Quality, signed by the EPA Regional Administrator on May September 18, 19842018.

(d) The statement of legal authority, “Class I, III, IV, and V Underground Injection Control Program, Attorney General's Statement,” signed by the Assistant Attorney General of North Dakota on July 30, 2018, and the “Supplement to the Attorney General Statements Relating to Programs Being Transferred to the North Dakota Department of Environmental Quality,” signed by the Assistant Attorney General of North Dakota on October 23, 2018.

(e) The Class I, III, IV, and V Underground Injection Control Program Description and any other materials submitted as part of the

original application

program revision or as supplements thereto.

(

e

f) The Memorandum of Agreement for the Class VI Underground Injection Control Program between EPA Region

VIII

8 and the North Dakota Industrial Commission, signed by the EPA Regional Administrator on October 28, 2013.

(

f

g) The Memorandum of Understanding for Class VI between the North Dakota Industrial Commission, Department of Mineral Resources, Oil and Gas Division and the North Dakota Department of Health, Water Quality Division

,

Related to the Underground Injection Control Program, signed on June 19, 2013.

(

g

h) The statement of legal authority, “Class VI Underground Injection Control Program, Attorney General's Statement,” signed by the Attorney General of North Dakota on January 22, 2013.

(

h

i) The Class VI Underground Injection Control Program Description and any other materials submitted as part of the program revision or as supplements thereto.

[49 FR 37066, Sept. 21, 1984, as amended at 56 FR 9418, Mar. 6, 1991; 83 FR 17761, Apr. 24, 2018; 84 FR 15121, Apr. 15, 2019]