98-26461. Florida Department of Environmental Protection; Underground Injection Control (UIC); Application for Revision of State UIC Program  

  • [Federal Register Volume 63, Number 191 (Friday, October 2, 1998)]
    [Notices]
    [Pages 53047-53048]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-26461]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [FRL-6171-5]
    
    
    Florida Department of Environmental Protection; Underground 
    Injection Control (UIC); Application for Revision of State UIC Program
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice of public comment period and of public hearing on 
    application for revision of Florida UIC program.
    
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    SUMMARY: The purpose of this document is to announce that: (1) The 
    Environmental Protection Agency (EPA) has received an application from 
    the Florida Department of Environmental Protection (FDEP) requesting 
    approval of revisions to FDEP's Underground Injection Control (UIC) 
    Program for Class I, III, IV and V injection wells; (2) EPA has 
    determined the application contains all the required elements; (3) the 
    application is available for inspection and copying at the addresses 
    appearing below, (4) public comments are requested; and (5) a public 
    hearing will be held on request.
        Section 1422 (b)(4) of the Safe Drinking Water Act (SDWA) requires 
    that prior to approving, disapproving, or approving in part a State's 
    UIC program, the Administrator provide opportunity for a public 
    hearing. This notification advises the public of the proposed date, 
    time and location of the possible public hearing.
        The proposed public comment period and public hearing will provide 
    EPA the information and public opinion necessary to approve, 
    disapprove, or approve in part the application from FDEP to regulate 
    Class I, III, IV and V injection wells under provisions of section 1422 
    of the SDWA.
    
    DATES: A public hearing is scheduled for November 4, 1998, unless 
    insufficient public interest is expressed in holding a hearing. EPA 
    reserves the right to cancel the public hearing if sufficient public 
    interest is not communicated to EPA in writing by October 27, 1998. EPA 
    will determine by October 28, 1998, whether there is significant 
    interest to hold the public hearing. Written comments on Florida's 
    application for revisions to its UIC program must be received by 
    November 11, 1998, and should include indication of any interest in a 
    public hearing (or lack thereof) if submitted prior to October 27, 
    1998.
    
    ADDRESSES: 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 for inspection and copying: Environmental 
    Protection Agency, Region 4, Ground Water & UIC Section, 61 Forsyth 
    Street, S.W., Atlanta, Georgia 30303, PH: (404) 562-9424; and Florida 
    Department of Environmental Protection, Twin Towers Office Building, 
    2600 Blair Stone Road, Tallahassee, Florida 32399-2400, PH: (850) 487-
    0505. Comments and requests for hearing should be mailed to Nancy H. 
    Marsh, Ground Water & UIC Section, Environmental Protection Agency, 
    Region 4, 61 Forsyth Street, S.W., Atlanta, Georgia 30303. Unless 
    insufficient public interest is expressed, EPA will hold a public 
    hearing on the State of Florida's application for
    
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    program revision on November 4, 1998, at 7:00 p.m. at the Florida 
    Department of Environmental Protection, Room 609, Twin Towers Office 
    Building, 2600 Blair Stone Rd., Tallahassee, Florida 32399-2400.
    
    FOR FURTHER INFORMATION CONTACT: Nancy H. Marsh, Ground Water & UIC 
    Section, Environmental Protection Agency, Region 4, 61 Forsyth Street, 
    S.W., Atlanta, GA 30303, (404) 562-9450.
    
    SUPPLEMENTARY INFORMATION: The UIC program was implemented under the 
    federal Safe Drinking Water Act to prevent endangerment of all 
    Underground Sources of Drinking Water (USDWs), which are aquifers 
    capable of yielding a significant amount of drinking water containing 
    less than 10,000 mg/liter of total dissolved solids. The State of 
    Florida currently has primary responsibility for preventing 
    endangerment of USDWs under the UIC program. If the application for 
    program revision by FDEP is approved, regulatory changes made by FDEP 
    at the state level would be approved as the federal UIC program.
        The program proposed by the State regulates Class I, III, IV and V 
    injection activities by establishing state permits including, for a 
    variety of underground injection wells, technical requirements for the 
    protection of USDWs. Such requirements include criteria for 
    construction, testing, operation, monitoring, and abandonment of 
    injection wells. At present, there are approximately 130 Class I and 
    8,160 Class V injection wells in Florida. FDEP has held primary 
    enforcement authority for the UIC program since the program was 
    originally approved by EPA on March 9, 1983. The application for 
    program revision from the FDEP requests that EPA approve the program 
    revision for primary administrative and enforcement authority for the 
    regulation of Class I, III, IV and V injection wells on all lands 
    subject to the State's police power and taxing authority and all lands 
    owned or under the jurisdiction of the United States, except those 
    wells located on Indian lands as defined in 40 CFR 144.3. The 
    application includes a program description, copies of all applicable 
    rules and forms, a statement of legal authority and appropriate 
    memoranda of agreement.
        FDEP has proposed to revise its UIC program due to statutory, 
    regulatory and implementation revisions made since the program was 
    initially delegated. The name of the agency has also changed from the 
    Department of Environmental Regulation to the Department of 
    Environmental Protection. Statutory changes include the removal of the 
    Governor's authority to allow the injection of hazardous waste into a 
    Class IV well. All hazardous waste injection has been banned with the 
    exception of the existing Class I hazardous well owned and operated by 
    Kaiser Chemical Company located near Mulberry in Polk County. Florida 
    modified the UIC regulations August 10, 1995, and June 24, 1997, to 
    make its rules consistent with the federal program. The major rule 
    changes include: Confidentiality and Availability of Information; 
    Signatories; Management of Hazardous Waste; Compliance Schedules; 
    Corrective Action; Permit Termination; Public Participation; Permit 
    Modification; Permit Monitoring; Permit Reporting; and Mechanical 
    Integrity Testing. FDEP also requires that Class V injection wells must 
    meet federal primary drinking water standards at the point of 
    discharge. Two aquifer exemptions have been granted since the program 
    was originally approved. The two exemptions are: portion of the lower 
    Floridan aquifer at the Sterling Fibers (formerly Cytec Industries and 
    American Cyanamid) facility in Santa Rosa County and a portion of the 
    upper Floridan aquifer at the Taylor Creek aquifer storage and recovery 
    demonstration project in Okeechobee County.
    Michael O. Peyton,
    Acting Regional Administrator, Region 4.
    [FR Doc. 98-26461 Filed 10-1-98; 8:45 am]
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