[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Proposed Rules]
[Pages 27741-27744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13016]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 144 and 146
[FRL-6348-9]
Revisions to the Underground Injection Control Regulations for
Class V Injection Wells--Notice
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability and request for comment on related
proposed rule.
-----------------------------------------------------------------------
SUMMARY: On July 29, 1998, EPA published the proposed Revisions to the
Underground Injection Control Regulations for Class V Injection Wells
in the Federal Register (63 FR 40586). The public comment on this
proposal was open until November 30, 1998. During and after the close
of the public comment period, EPA became aware of data that might help
make key decisions relating to the proposed Class V requirements and to
refine the estimated economic burden of these requirements. The purpose
of this notice is to: provide the public with this new data for review
and comment; to seek public comment on how EPA intends to use this data
in the Class V rule making effort; and, solicit public comment on
issues resulting from this new data and the public comments already
received on the Class V proposal.
DATES: EPA must receive public comment, in writing, on the notice of
data availability by June 21, 1999.
ADDRESSES: Send written comments to the UIC Class V, W-98-05 Comment
Clerk, Water Docket (MC-4101); U.S. Environmental Protection Agency;
401 M Street, SW, Washington, D.C. 20460. Comments may be hand-
delivered to the Water Docket, U.S. Environmental Protection Agency;
401 M Street, SW., East Tower Basement, Washington, D.C. 20460.
Comments may be submitted electronically to ow-docket@epamail.epa.gov.
Please submit all references cited in your comments. Facsimiles
(faxes) cannot be accepted. Send one original and three copies of your
comments and enclosures (including any references). Commenters who
would like EPA to acknowledge receipt of their comments should include
a self-addressed, stamped envelope.
With one exception, the documents referenced in this notice are
available for review in the Water Docket at the above address. The
proposed rule, supporting documentation and public comment are also
available through the docket. For information on how to access docket
materials, please call (202) 260-3027 between 9:00 a.m. and 3:30 p.m.
Eastern Standard Time, Monday through Friday.
State Source Water Assessment Plans (SWAPs), which are discussed
later in this notice, are available for review on the EPA, Office of
Ground Water and Drinking Water Home Page www.epa.gov/ogwdw. The SWAPs
are also available for review at the U.S. Environmental Protection
Agency; 401 M Street, SW., 1127 East Tower, Washington, D.C. 20460. To
make an appointment to review the SWAPs, please contact Robyn
Delehanty, Underground Injection Control Program, Office of Ground
Water and Drinking Water (mailcode 4606), EPA, 401 M Street, SW,
Washington, D.C., 20460. Phone: 202-260-1993. E-mail:
delehanty.robyn@epa.gov.
[[Page 27742]]
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Safe Drinking Water Hotline, phone 800-426-4791. The Safe Drinking
Water Hotline is open Monday through Friday, excluding federal
holidays, from 9:00 a.m. to 5:30 p.m. Eastern Standard Time. For
technical inquiries, contact Robyn Delehanty, Underground Injection
Control Program, Office of Ground Water and Drinking Water (mailcode
4606), EPA, 401 M Street, SW, Washington, D.C., 20460. Phone: 202-260-
1993. E-mail: delehanty.robyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Statutory and Regulatory Framework
III. Additional Data
A. The Class V Study
B. Draft Report on Contaminant Occurrence in Public Water
Systems
C. EPA Regional Data (Regions II and VIII)
D. Well Closure Cost Data
E. Source Water Assessment Plans
F. Alabama Department of Environmental Management Report
IV. Additional Issues
A. Phase-in Rule Coverage Beyond Source Water Protection Areas
(SWPAs)
B. Identifying the Point of Injection
C. Requirements for Industrial Wells
I. Introduction
Class V wells are shallow injection wells or systems that are used
to dispose of non-hazardous wastes directly into or above underground
sources of drinking water (USDWs). The Safe Drinking Water Act (SDWA)
is designed to protect the quality of drinking water in the United
States, and Part C specifically mandates the regulation of underground
injection of fluids to ensure that such injection does not endanger
USDWs. The Agency has promulgated a series of underground injection
control (UIC) regulations under this authority.
On July 29, 1998, EPA published in the Federal Register the
proposed Revisions to the Underground Injection Control Regulations for
Class V Injection Wells. The proposal would change the Class V
Underground Injection Control (UIC) regulations by adding new
requirements for three categories of Class V wells that are located in
ground-water based source water protection areas being delineated for
community water systems and non-transient non-community water systems
under the 1996 Amendments to the SDWA. Class V motor vehicle waste
disposal wells in such areas would either be totally banned or banned
with an option for owners and operators to get a permit that requires
fluids released in those wells to meet the drinking water maximum
contaminant levels (MCLs) or other health-based standards at the point
of injection. Class V industrial waste disposal wells in the delineated
areas also would be required to meet the MCLs and other health-based
standards at the point of injection, and large-capacity cesspools in
such areas would be banned.
II. Statutory and Regulatory Framework
Section 1421 of the Act requires EPA to propose and promulgate
regulations specifying minimum requirements for state programs to
prevent underground injection that endangers drinking water sources.
Section 1422 of the Act provides that states may apply to EPA for
primary responsibility to administer the UIC program (those states
receiving such authority are referred to as ``Primacy States''). Where
states do not seek this responsibility or fail to demonstrate that they
meet EPA's minimum requirements, EPA is required to prescribe, by
regulation, and implement a UIC program for such states. Also,
currently all Class V UIC Programs in Indian Country are directly
implemented by EPA.
III. Additional Data
A. The Class V Study
EPA is conducting a study of Class V injection wells to meet the
requirements of a modified consent decree in Sierra Club v. Browner
(D.D.C. No. 93-2644), which requires the Agency to study Class V wells
and to determine if additional Class V regulations are needed to
protect USDWs from Class V injection wells that are not subject to the
current regulatory proposal. The study has consisted of an information
collection effort for 23 subclasses of Class V wells, including the
three well types addressed in the July 29, 1998 proposal: motor vehicle
waste disposal wells; industrial waste disposal wells; and large-
capacity cesspools. The information collection has included both state
and EPA Region data collection, through survey questionnaires and
selected site visits, and collection from other sources, such as trade
associations, research institutes, and universities.
Although the study is still ongoing and the final methods and
results have not yet been fully documented, available information on
the three well types targeted by the proposed Class V rule has been
compiled in a single notebook and placed in the public docket for
review and comment. After a summary of the study methods, this notebook
is organized into three basic sections. First, it provides the latest
state inventory information for each of the three well types as
reported in survey responses. This information includes tables that
show the documented and estimated number of wells of each type in each
state. Second, the notebook provides information on contamination
incidents identified, including a state-by-state summary table and
copies of available case-specific documentation. Third, the notebook
provides injectate quality data collected for motor vehicle waste
disposal wells and industrial wells.
EPA plans to use the latest inventory information in projecting the
numbers of wells that might be affected by the new Class V regulation.
The contamination incident information and injectate quality data will
be used to help assess the threat posed by the different well types.
B. Draft Report on Contaminant Occurrence in Public Water Systems
EPA seeks comment on a draft report titled A Review of Contaminant
Occurrence in Public Water Systems Related to Class V Injection Wells.
This draft report, which has been placed in the public docket for
review, summarizes occurrence data collected from 14 different State
databases for public drinking water systems. In total, the data
includes more than 10 million analytical results from more than 25,000
public water systems. Twenty three contaminants known or believed to be
associated with discharges from industrial and motor vehicle waste
disposal wells were selected for analysis. EPA plans to use information
in this report to help refine its assessment of the threat posed by
Class V injection wells.
C. EPA Regional Data (Regions II and VIII)
On March 1-3, 1999, staff visited the EPA Region II Office in New
York City to review case study files on Class V wells. Region II was
chosen for this records search because the Region has accumulated large
amounts of information (paper files and electronic data) on Class V
motor vehicle and industrial waste disposal wells found within the
State of New York. This information was developed and collected by the
Region while implementing and enforcing the federal UIC regulations in
New York. Each year, approximately 600 to 800 facilities are inspected
throughout the state.
Approximately 70 motor vehicle facility inspection files and well
closure
[[Page 27743]]
plans were reviewed during the site visit. About 60 files and plans for
industrial wells were reviewed. Of those reviewed, 27 files on motor
vehicle waste disposal wells and 37 files on industrial wells have been
copied and assembled in the notebook ``Region II Data'' available in
the public docket. Most of these files include examples of the ``Class
V UIC Permit Application/Closure Request'' that Region II officials
send to well owners or operators. Also included in the notebook are
printouts from a database provided by Mobil Corporation that
characterize the wastes generated by 38 different motor vehicle
facilities; files on possible (investigation ongoing) and confirmed
groundwater contamination incidents; facility-specific injectate
quality data for a few sites; and limited information on current
management practices and the costs of closing motor vehicle waste
disposal wells and industrial wells. EPA will use the injectate quality
data and contamination incident information to help evaluate the
potential threat that motor vehicle waste disposal wells and industrial
wells pose to USDWs. EPA will use the information on current management
practices and costs in the economic analysis to support conclusions on
the possible impacts and costs of the rule.
Recent information compiled by the EPA Region VIII office has also
been assembled in the public docket for review (Region VIII directly
implements the Class V UIC programs in Colorado, Montana, and South
Dakota, while North Dakota, Utah, and Wyoming are Class V Primacy
States). This material, which is in the form of various reports and
tables of analytical data, is organized in a set of file folders all
labeled ``Region VIII Data'' in the docket.
The Region VIII files primarily contain injectate quality data for
motor vehicle waste disposal wells and industrial wells. The motor
vehicle well data include sampling results from nine motor vehicle
facilities in South Dakota in 1989 and 1990 (in two bound contractor
reports in the docket). The injectate quality data for industrial wells
consist of tables of sampling results for seven different industrial
sites, including a chemistry lab in 1992, a machine parts and fishing
equipment manufacturer in 1995, a U.S. Fish and Wildlife Service
technology center in 1997, an ammunition manufacturer in 1996-1997, an
electric motor repair shop in 1995-1996, and two jewelry manufacturers
from 1992 to 1998. The Region VIII files also contain soil and
groundwater sampling data for an ammunition manufacturing facility in
South Dakota.
EPA will use the injectate quality and contamination incident data
from Region VIII to help evaluate the potential threat to USDWs posed
by motor vehicle waste disposal wells and industrial wells.
D. Well Closure Cost Data
After the close of the comment period, Penske Truck Leasing Company
(Penske) submitted Class V well closure cost information. In the last
three years, Penske has received permits for two Class V wells and
closed fifteen Class V wells in their facilities nationwide. Penske
supplied closure cost information for seven of the seventeen closures.
For the seven well closures, Penske supplied an individual summary
sheet, correspondence with regulatory agencies, and a well closure
report. In addition, a general summary sheet was included which
indicates closure costs and other miscellaneous information on all
fifteen wells closed by Penske. EPA will review the Class V well
closure cost information from the seven documented well closures to
assess its usefulness in refining well closure costs in the economic
analysis.
E. Source Water Assessment Plans
Under the Safe Drinking Water Act (SDWA) amendments of August 1996,
States are required to develop drinking water Source Water Assessment
Programs (SWAPs) for submission to EPA by February 6, 1999. EPA then
has nine months to approve or disapprove these individual State SWAPs.
Most States met the February 6, 1999 deadline, EPA expects to receive
the remaining State programs for review in the next few months.
EPA will examine how each state intends to delineate ground water-
based source water protection areas around community and non-transient
public non-community drinking water supplies. EPA will compare this new
information with assumptions made in the economic analysis and make
appropriate modification to these assumptions to more accurately
estimate the economic burden of the regulatory requirements.
F. Alabama Department of Environmental Management Report
EPA received a report prepared by the Alabama Department of
Environmental Management titled Regulation of the Disposal of Funeral
Home Discharges Through Class V Injection Wells. The National Funeral
Home Directors Association submitted this document to EPA and requested
that it be included in the docket.
IV. Additional Issues
The public comments and new information that EPA has obtained since
the close of the public comment period have also raised implementation
issues. EPA is requesting comment on the additional issues outlined
below.
A. Phase-In of Rule Coverage Beyond Source Water Protection Areas
(SWPAs)
The proposed regulation would regulate motor vehicle wells,
industrial wells, and large-capacity cesspools in SWPAs for community
water systems (CWS) and non-transient non-community water systems
(NTNCWS) that use groundwater as a source. EPA sought comment in the
preamble as to whether or not limiting the rule to these SWPAs was
appropriate. EPA received numerous comments that suggested broadening
the proposal to include other sensitive ground water areas such as sole
source aquifers, karst, sand, gravel and aquifer recharge areas, or
even statewide in order to better protect existing public drinking
water supplies, future drinking water supplies, and individual wells.
While EPA believes that these comments have merit, they also raise
issues about how to implement the rule in these additional areas. EPA
is evaluating various options suggested by commenters for applying the
rule to these additional areas.
If the rule is expanded beyond SWPAs, there would be many
additional injection wells covered and it may be desirable to phase in
the rule over a longer period of time. As an example, the new UIC
requirements would be effective in SWPAs as they are delineated,
similar to the proposed rule. Primacy states would then be required to
identify the additional sensitive areas that would be subject to the
rule. This identification would be required by January 2004. The
regulated entities in these identified areas would then have until
January 2007 to comply with the rule. If a State failed to identify
additional sensitive areas by January 2004, the rule could be effective
statewide.
If the EPA decided to apply the final rule to areas outside of
SWPAs, this phased-in approach for implementation would allow a state
the flexibility to identify critical groundwater areas within the state
and would also provide well owners and operators adequate time to
identify viable alternatives to their current disposal practices.
Lastly, expanded coverage would satisfy concerns about the protection
of future sources of drinking water, private
[[Page 27744]]
drinking wells, and other sensitive ground water areas. EPA requests
comment on this phased-in approach.
B. Identifying the Point of Injection
Commenters have suggested that EPA identify the point of injection
and the location at which samples would be collected to determine
compliance with the Class V rule.
EPA is considering clarifying the point of injection/sampling point
as the last accessible point prior to injection. In the case of septic
tanks, the last accessible point prior to injection would be the
distribution box between the septic tank and the leach field. If a
sampling point is not installed after the septic tank, the point of
injection would be at or before the septic tank. For a drywell, the
sampling point would be the end of the pipe before the waste enters the
well.
C. Requirements for Industrial Wells
Some commenters submitted comments and information suggesting that
industrial wells should be subject to the same permit requirements as
motor vehicle wells. The proposal identified three permit conditions
for motor vehicle wells: meeting MCLs and other health-based standards
at the point of injection, monitoring for liquid and sludge, and best
management practices. EPA request comments on this suggestion.
Dated: May 19, 1999.
J. Charles Fox,
Assistant Administrator, Office of Water.
[FR Doc. 99-13016 Filed 5-20-99; 8:45 am]
BILLING CODE 6560-50-P
