AqeiCv
NOVEMBER
UNDERGROUND
INJECTION
CONTROL PROGR \M
INSTRUCTIONAL MODULE
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INSTRUCTIONAL
MODULE
UNDERGROUND INJECTION
CONTROL PROGRAM
CFR 123 A
123 C
Ground Water Protection Branch
Office of Drinking Wate1-
Environmental Protection Ag
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Introduction
This booklet is designed to help you read the
Underground Injection Control (UIC) regulations,
We have cut and pasted, added a few notes and
some questions. Please use any way you like.
One way is to try the questions first, then
read the regulations.
This is the first nodule to be printed and
distributed. CFR 122, 124 and 146 will be
following immediately. Also included will
be a bookmark to help you keep track of all
the references.
Good luck.
November 1980.
Larry Graham
Judy Long
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123. A
L. A public hearing must be held before EPA approval
of any State program submittals (123.1).
True False
2. States are required to consolidate permit
progr/ams, to the extent practical (123.1).
True False
3. A State program lacking authority over Indian
lands may be approved as a full program.
True False
4. State requirements may be more extensive than
those in CFR 123.
True False
5. The statutory review period refers to the
protection of historical sculpture.
True False
6. The program description must include a
description of State permitting and review
procedures.
True False
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7. If the State proposes to use uniform
national forms, they need not include copies.
True False
8. The State is allowed to modify the forms
used by EPA.
True False
123.4(g)
9. The State must provide a schedule for issuing
all permits as soon as possible, but no later
than three years after program approval.
True False
10. The State must set priorities and state the
number of permits in each class to be issued
each year for five years.
True False
11. The Director must notify injectors that they
are required to apply for a permit at least five
years after program approval.
True False
12. The program description must include the text
of any proposed rule.
True False
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13. Enhanced recovery and hydrocarbon storage
wells are now Class V wells and fall under
Class V requirements.
True False
14. The State must inventory all injection wells
True False
15. The program description must include a
description and identification of all underground
sources of drinking water.
True False
16. If an aquifer is oil or gas producing, it is
an exempted aquifer.
True False
17. The Director must set a schedule to ban
Class IV wells prohibited under 122.36.
True False
18. The Director may decline to inventory
Class V wells.
True False
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33456
Subpart A—General Program
Requirements
§ 123.1 Purpose and scope.
(a) This part specifies the procedures
EPA will follow in approving, revising,
and withdrawing State programs under
the following statutes and the
requirements State programs must meet
to be approved by the Administrator
under:
(2) Section 1422 (underground
injection control—UIC) of SDWA:
Subpart A includes the
elements which must be part of
submissions to EPA for program
approval, the substantive provisions
which must be present in State programs
for them to be approved, and the
procedures EPA will follow in
approving, revicing, and withdrawing
State programs.
(c) State submissions for program
approval must be made in accordance
with the procedures set out in Subpart A
This includes developing
and submitting to EPA a program . , . r..,
description (§ 123.4), an Attorney P • J J 4 * '
General's statement (§ 123.5), a p . 3 3 4 5 8
Memorandum of Agreement with the
Regional Administrator (§ 123.6) p . 33459
(d) The substantive provisions which
must be included in State programs for
them to be approved include
requirements for permitting, compliance
evaluation, enforcement, public
participation, and sharing of
information. The requirements are found , . _ .
both in Subpart A (§ § 123.7 to 123.11) P- >^ 4 b J - i j 4 b
and in the program specific subparts.
Many of the requirements for State
programs are made applicable to States
by cross-referencing other EPA
regulations. In particular, many of the
provisions of Parts 122 and 124 arc made
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33456
33457
applicable to States by the references
contained in ^23.7^
(ej Upon submission of a complete
program, EPA will conduct a public
hearing, if interest is shown. cBH™™
SefeSSme whether to approve or
disapprove the program taking into
consideration the requirements of this
Part, the appropriate Act and any
comments received.
(f) The Administrator shall approve
State programs which conform to the
applicable requirements of this Part.
(g) Upon approval of a State program,
the Administrator shall
sjmjggdjthe issuance of Federal permits
fortnose activities subject to the
approved State program.
(h) Any State program approved by
the Administrator shall at all times be
conducted in accordance with the
requirements of this Part.
(i) States are encouraged to
consolidate then- permitting activities.
While approval of State programs under
this Part will facilitate such
consolidation, these regulations do not
require consolidation. Each of the four
programs under this Part may be applied
for and approved separately.
(j) Partial State programs are not
allowed under NPDES, 404, or RCRA
(for programs operating under final
authorization). However, in many cases
States will lack authority to regulate
activities on Indian lands. This lack of
authority doesjjjjUmpair a State's
ability to obtain full program approval
in accordance with this Part, i.e.,
inability of a State to regulate activities
on Indian lands does not constitute a
partial program. Similarly, a State can
assume primary enforcement
responsibility for the U1C program,
notwithstanding 1123.51(e), when the
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SHALL
Suspend issuance of
Federal permits
Consolidation
Indian Lands
Primacy p. 33468
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Page
33457
State program ie unable to regulate
activities on Indian lands within the
State. EPA, will administer
the program on lj^tim laads if the State
does act eeek this authority.
[Note. — States ane advised to contact the
United States Department -of Ibe Interior,
Bureau nf fadmn Affairs, ccmcnnzmg
autbocity over fadiaa iaadfi.]
nothing in this Part precludes a State
from:
(1) Adopting or enforcing
requirements which are more stringent
or more extensive than those required
under this Part
(2) Operating a program with a greater
scope of coverage than that required
under this Part. Where an approved
State program has a greater scope of
coverage than required by Federal law
the additional coverage is jyj^iart of the
Federally approved program.
§ 123.3 Elements of a program
submission.
(a) Any State that seeks to administer
a program under this Part shall submit
to the Administrator at least iijree
copies of a program eubmissionTnie
submission shall contain the following:
(1) A letter from the Governor of the
State requesting program approval;
(2) A complete program description,
as required by § 123.4, describing how
the State intends to carry out its
responsibilities under this Part;
(3) An Attorney General's statement
as required by $ 123.5;
(4) A Memorandum of Agreement
with the Regional Administrator as
required by 5 123.6,
(5) Copies of all applicable State
statutes and regulations, including those
governing State administrative
procedures;
More stringent/
extens ive
Greater scope -
not part of program
Governor
Program Description
p. 33457
Attorney General's
Statement
p. 33458
MOA - p. 33459
Laws and Regs
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33457 (6) The showing required by
§ 123.54(b) (UK! programs'only) of the
State's public participation activities
prior to program submission.
(b) Within 30 days of receipt by EPA
of a State program submission, EPA will
notify the State whether its submission
is complete. If EPA finds that a State's
submission is complete, the statutory
review period (i.e., the period of time
allotted for formal EPA review of a
proposed State program under the
appropriate Act) shall be deemed to
have begun on the date of receipt of the
State's submission. If EPA finds that a
State's submission is incomplete, the
statutory review period shall not begin
until all the necessary information is
received by EPA.
(c) H the State's submission is
materially changed during the statutory
review period, the statutory review
period shall begin again upon receipt of
the revised submission.
(d) The State and EPA may extend the
statutory review period by agreement.
§ 12X4 Program description.
Any State that seek* to administer a
program wader this part shall submit a
description of the program it proposes to
administer in lieu of the Federal
program under State law or under an
interstate compact. The program
description shall include:
(a) A description in narrative form of
the scope, structure, coverage and
processes of the State program.
(b) A description (including
organization charts) of tbe organization
and structure of the State agency-or
agencies which wiH have responsibility
for administering the program, including
the information listed below. If more
than one agency is responsible for
administration of a program, eat;h
Public Participation
30 Days
Review Period begins
again
Organization Charts
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33457 agency must have sjatgvjjidyunsdictio^
jvej a class of activUiesTTlw!
jilUies of each agency must be
IclineatecTtheir procedures for
set forth, and an agency
nated as a "lead agency" to
facilitate communications between EPA
and the State agencies having program
responsibility.
When the State proposes to
ergcitersgoD^
d by Federal
administer a program of
coverage than is required by Fe
law, the information provided under this
paragraph shall indicate the resources
dedicated to administering the Federally
required portion of the program.
(1) A description of the State agency
staff who will carry out the State
program, including the number,
occupations, and general duties of the
employees. The State need not submit
complete job descriptions for every
employee carrying out the State
program.
(2) An itemization of the estimated
costs of establishing and administering
the program for the first two years after
approval, including cost of the personnel
listed in paragraph (b)(l) of this section,
cost of administrative support, and cost
of technical support.
(3) An rtemization of the sources and
amounts of funding, including an H - llj
estimate of Federal grant money,
available to the State Director for the
first two years after approval to meet
the costs listed in paragraph (b)(2) of
this section, identifying airy restrictions
or limitations upon this funding.
(c) A description of applicable State
n^ojjgdjjjgs, including jjermittiiu^
procedures and any Stateaammistrative
or judicialjEjjgj^ procedures.
(d) Copies of the permitjjomijsj,
application form(s), reporting Tnnalfl),
and manifest format the State intends to
Class of Activities
"May"
"Resources"
Staff
2 year budget
Funds
Procedures
Forms
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33457
33458
employ in its program. Forms used by
States need not be identical to the forms
used by EPA brrt should require flie
same basic irfonnation,
The State need not
provide oopie* of uniform national forms
it intend* ID toe but should aote its
intenSMi to use such forms.-
[Note.—States are encouraged to use
uniform national forms established by the
Administrator. If uniform national forms are
used, they may be modified to include the
State Agency's name, address, logo, and
other similar information, as appropriate, in
place of EPA's.J
(e) A complete description of the
State's compliance tracking and
enforcement program.
(g) State UICprograms only. In the
case of a submission for approval of a
State UIC program the State's program
description shall also include:
(1) A schedule for issuing permits
within five years after program approval
to all injection wells within the State
which are required to have permits
under this Part and Part 122;
(2) The priorities (according to criteria
set forth in 40 CFR § 146.09) for issuing
permits, including the number of permits
in each class of injection well which will
be issued each year during the first five
years of program operation;
(3) A description of how the Director
will implement the mechanical integrity
testing requirements of 40 CFR § 146.08,
including the frequency of testing that
will be required and the number of tests
that will be reviewed by the Director
each year;
(4) A description of the procedure
whereby the Director will notify owners
and operators of injection wells of the
requirement that they apply for and
obtain a permit. The notification
required by this paragraph shall require
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Enforcement
Five years
Priorities for Permits
Criteria for establishing
permitting priorities
p. 42505
Mechanical integrity
Not ification
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33458 aPP''ca''ons '° be tiled as soon as
possible, but not later than four years
after program approval for all injection
wells requiring a permit;
(5) A description of any rule under
which the Director proposes to authorize
injections, including the text of the rule;
(6) For any existing enhanced
recovery and hydrocarbon storage wells
which the Director proposes to authorize
by rule, a description of the procedure
for reviewing the wells for compliance
with applicable monitoring, reporting,
construction, and financial
responsibility requirements of §§ 122.41
and 122.42, and 40 CFR Part 146;
(7) A description of and schedule for
the State's program to establish and
maintain a current inventory of injection
wells which must be permitted under
(8) Where the Director has designated
underground sources of drinking water
in accordance with § 122.35(a), a
description and identification of all such
designated sources in the State;
(9) A description of aquifers, or parts
thereof, which the Director has
identified under § 122.35(b) as exempted
aquifers, and a summary of supporting
data;
(10) A description of and schedule for
the State's program to ban Class IV
wells prohibited under § 122.36; and
(11) A description of and schedule for
the State's program to establish an
inventory of Class V wells and to assess
the need for a program to regulate Class
V welk.
Four years
Rule
Compliance review
Additional conditions
p. 33439
Establishing permitting
conditions p. 33440
Identification of USDW
p. 33437
Elimination of
Class IV p.
certain
33438
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123.5
19. State statutes cited in the Attorney General's
statement need not be effective at the time of
program approval.
True False
20. Pending permit applications are to be completed
by EPA.
True False
21. Joint processing of permits by the State and
EPA is not required.
True False
22. The SEA may override the MOA.
True False
123 A
23. The State programs are not allowed to depend
upon information supplied by regulated persons to
determine compliance.
True False
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24. State programs are required to have a program for
periodic inspection.
True False
23. A State UIC program must have the authority to
impose civil penalties of at least $2,500 per day.
True False
26. Public notice and 30 day comment period is
required of a proposed State enforcement action.
True False
27. EPA may not furnish to State programs information
submitted under a claim of confidentiality.
True False
28. A substantial State program revision requires
public notice and a comment period of at least 30 days
True False
29. The Administrator may withdraw State program
approval if permits are issued without public
participation.
True False
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30. A State with an approved UIC program can give
180 day notice and transfer all program
responsibilities to EPA.
True False
123 C
31. If a State has no injection wells of a particular
class, no program is required for that class of well.
True False
32. EPA retains primary enforcement responsibility
when the State has an approved partial program.
True False
33. If the State conducts a public hearing on
proposed UIC program, EPA is not required to
schedule one.
True False
34. The Administrator may not withdraw approval
of a State UIC program without a public hearing.
True False
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33458 § 123-5 Attorney General's statement
(a) Any State that seeks to administer
a program under this Part shall submit a
statement from the State Attorney
General (or the attorney for those State
or interstate agencies which have
independent legal counsel) that the laws
of the State, or an interstate compact,
provide adequate authority to carry out ^u thor 11y
the program described under § 123.4 and
to meet the requirements of this Part.
This statement shall include citations to
the specific statutes, administrative
regulations, and, where appropriate,
judicial decisions which demonstrate
adequate authority. State statutes and
regulations cited by the State Attorney
General or independent legal counsel
shall be in the form of lawfully adopted
State statutes and regulations at the
time the statement is signed and shall be
fully effective by the time the program is
approved. To qualify as "independent
legal counsel" the attorney signing the
statement required by this section must
have full authority to independently
represent the State agency in court on
all matters pertaining to the State
program.
[Note.—EPA will supply States with an
Attorney General's statement format on
request.]
§ 123.6 Memorandum of Agreement with
33459 the Regional Administrator.
(a) Any State that seeks to administer
a program under this Part shall submit a
Memorandum of Agreement. The
Memorandum of Agreement shall be
executed by the State Director and the
Regional Administrator and shall
become effective when approved by the
Administrator. In addition to meeting
the requirements of paragraph (b) of this
section, the Memorandum of Agreement
may include other terms, conditions, or
agreements consistent with this Part and
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J 4 D y reievant to the administration and
enforcement of the State's regulatory
program. The Administrator shall not
approve any Memorandum of
Agreement which contains provisions
which restrict EPA's statutory oversight
responsibility.
(b) The Memorandum of Agreement
shall include the following:
(1) Provisions for the prompt transfer
from EPA to the State of pending permit
applications and any other information
relevant to program operation not
already in the possession of the State
Director (e.g., support files for permit
issuance, compliance reports, etc.).
When existing permits are transferred
from EPA to the State for
administration, the Memorandum of
Agreement shall contain provisions
specifying a procedure for transferring
the administration of these permits. If a
State lacks the authority to directly
administer permits issued by the Federal
government, a procedure may be
established to transfer responsibility for
these permits.
[Note.—For example, EPA and the State
and the permittee could agree that the State
would issue a permit(s) identical to the
outstanding Federal permit which would
simultaneously be terminated.]
(3) Provisions specifying the frequency
and content of reports, documents and
other information which the State is
required to submit to EPA. The State
shall allow EPA to routinely review
State records, reports, and files relevant
to the administration and enforcement
of the approved program. State reports
may be combined with grant reports
where appropriate.
(4J Provisions on the State's
compliance monitoring and enforcement
program, including:
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No restriction on EPA
Transfer pending
Existing permits
Reports
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33459
(i) Provisions for coordination of
compliance monitoring activities by the
State and by EPA. These may specify
the basis on which the Regional
Administrator will select facilities or
activities within the State for EPA
inspection. The Regional Administrator
will normally notify the State at least 7
days before any such inspection; and
(ii) Procedures to assure coordination
of enforcement activities.
(5) When appropriate, provisions for
joint processing of permits by the State
and EPA, for facilities or activities
which require permits from both EPA
and the State Under different programs.
See § 124.4.
[Note.—To promote efficiency and to avoid
duplication and inconsistency, States are
encouraged to enter into joint processing
agreements with EPA for permit issuance.
Likewise, States are encouraged (but not
required) to consider steps to coordinate or
consolidate their own permit programs and
activities.]
(6) Provisions for modification of the
Memorandum of Agreement in
accordance with this Part.
(c) The Memorandum of Agreement,
the annual program grant and the State/
EPA Agreement should be consistent. If
the State/EPA Agreement indicates that
a change is needed in the Memorandum
of Agreement, the Memorandum of
Agreement may be amended through the
procedures set forth in this part. The
State/EPA Agreement may not override
the Memorandum of Agreement.
[Note.—Detailed program priorities and
specific arrangements for EPA support of the
State program will change and are therefore
more appropriately negotiated in the context
of annual agreements rather than in the
NfOA. However, it may still be appropriate to
specify in the MOA the basis for such
detailed agreements, e.g., a provision in the
MOA specifying that EPA will select facilities
in the State for inspection annually as part of
the State/EPA agreement.]
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Joint Processing
Modification
Cons istency
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33460 § ^3^7 Requirements for permitting.
(a| All State programs under this Part Legal Authority
mast have legal authority to implement ^ •*
each of the following provisions and
must be administered in conformance
wish each; except that States are not
precluded from omitting or madifying
any provisions to impose more stringent
requirements:
(1) § 122.4—(Application for-a permit),
(2) $ 122.6—{Signatories);
(3) '§ 122.7—(Applicable penrift
conditions);
(4) § 122.8—(Establishing permit
conditions);
(5) § 122.9—(Duration);
(6) § 122.10(a)—(Schedules of
compliance);
(7) § 122.11—(Monitoring
requirements);
(8) § 122.13 (a) and (b)^(Effect of
permit);
(9) § 122.14—(Permit transfer);
(10) 1122.15—-{Permit modification);
(11) § 122.16—(Permit termination);
(12) § 122.18—(Noncompliance
reporting);
(13) § 122.19 (b)-(d)—{Confidential
information);
(14) § 124.3(a)—(Application for a
permit);
(15) § 124.5 (a), (c), (d), andjf)—
(Modification of permits),
(16? § 124.6 (a), (c), (d), and (e)—(Draft
permit),
1(17) § 124.8—(Fact sheets),
(1$ § 124.10 (a)(l)(ii), (a)(l)(iii),
(aj(l)(v), (b), (c), (d), and (e)—(Public
notice);
(19) § 124.11—(Public comments and
requests for hearings);
(20) § 124,12(a)—(Public hearings);
and
(21) § 124.17 (a) and (c)—(Response to
comments).
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33460
33461
[Note.—States need not implement
provisions identical to the above listed
provisions or the provisions listed in § J 123.7
(b)-{d}. Implemented provisions must,
however, establish requirements at leajt at
stringent as the corresponding listed
provisions. While States may impose more
stringent requirements, they may not make
one requirement more lenierrt as a tradeoff
for making another requirement imore
stringent; for example, by requiring that
public hearings be held prior to isstring any
permit while reducing the amount of advance
notice of such a hearing.
State programs may, if they have adequate
legal authority, implement any of the
provisions of Parts 122 and 124. See, for
example, 1122.5fd) (continuation of permits)
and § 124.4 (consolidation of permit
processing).
(c) State UICprograms only. State
UIC programs shall have legal authority •
to implement each of the following
provisions and must be administered in
conformance with each; except that
States are not precluded from omitting
or modifying any provisions to impose
more stringent requirements:
(1) § 122.32—(Classification of
injection wells);
(2) § 122.33—(Prohibition of
unauthorized injection);
(3) § 122.34—(Prohibition of
movement of fluids into underground
sources of drinking water);
(4) § 122.35—(Identification of
underground sources of drinking water
and exempted aquifers);
(5) S 122.36—(Elimination of Class IV
wells);
(6) § 122.37—(Authorization by rule);
(7) 5 122.38—(Authorization by
permit);
(8) S 122.39—(Area permits);
(9) § 122.41—(Additional permit
conditions);
(10) S 122.42—(Establishing permit
conditions);
(11) { 122.44—(Corrective action); a*id
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At least as stringent
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33461 (12) § 122.45—(Requirements for wells
managing hazardous wastes').
§ 123.8 Requirements for compliance
evaluation programs.
(a) State programs shall have
procedures for receipt, evaluation,
retention and investigation for possible
enforcement of all notices and reports
required of permittees and other
regulated persons (and for investigation
for possible enforcement of failure to
submit these notices and reports).
(b) State programs shall have
inspection and surveillance procedures
to determine, independent of
information supplied by regulated
persons, compliance or noncompliance
with applicable program requirements.
The State shall maintain:
(1) A program which is capable of
making comprehensive surveys of all
facilities and activities subject to the
State Director's authority to identify
persons subject to regulation who have
failed to comply with permit application
or other program requirements. Any
compilation, index, or inventory of such
facilities and activities shall be made
available to the Regional Administrator
upon request;
(2) A program for periodic inspections
of the facilities and activities subject to
regulation. These inspections shall be
conducted in a manner designed to:
(i) Determine compliance or
noncompliance with issued permit
conditions and other program
requirements;
(ii) Verify the accuracy of information
submitted by permittees and other
regulated persons in reporting forms and
other forms supplying monitoring data;
and
(iii) Verify the adequacy of sampling,
monitoring, and other methods used by
permittees and other regulated persons
to develop that information; on_
Notices and reports
Inspection
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^ (3) A program for investigating
information obtained regarding
violations of applicable program and
permit requirements; and
(4) Procedures for receiving and
ensuring proper consideration of
information submitted by the public
about violations. Public effort in
reporting violations shall be encouraged,
and the State Director shall make
available information on reporting
procedures.
(c) The State Director and State
officers engaged in compliance
evaluation shall have authority to enter
any site or premises subject to
33462 r(>Slllauon or in which records relevant
to program operation are kept in order
to copy any records, inspect, monitor or
otherwise investigate compliance with
the State program including compliance
with permit conditions and other
program requirements. States whose law
requires a search warrant before entry
conform with this requirement.
(d) Investigatory inspections shall be
conducted, samples shall be taken and
other information shall be gathered in a
manner (e.g., using proper "chain of
custody" procedures) that will produce
evidence admissible in an enforcement
proceeding or in court.
§ 123.9 Requirements for enforcement
authority.
(a) Any State agency administering a
program shall have available the
following remedies for violations of
State program requirements:
(I) To restrain immediately and Restrain
effectively any person by order or by
suit in State court from engaging in any
unauthorized activity which is
endangering or causing damage to
public health or the environment;
[Note.—This paragraph requires thai-States
have a mechanism (e.g., an administrative
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33462
cease and desist order or the ability to seek a
temporary restraining order) to stop any
unauthorized activity endangering public
health or the environment.]
(2) To sue in courts of competent
jurisdiction to enjoin any threatened or
continuing violation of any program
requirement, including permit
conditions, without the necessity of a
prior revocation of the permit;
(3) To assess or sue to recover in court
civil penalties and to seek criminal
remedies, including fines, as follows,-
fii) State UIC programs only. (A) For
all wells except Class II wells, civil
penalties shall be recoverable for any
program violation in at least the amount
of $2,500 per day. For Class II wells, cavil
penalties shall be recoverable for any
program violation in at least the amount
of $1,000 per day.
(B) Criminal fines shall be recoverable
in at least the amount of $5,000 per day
against any person who willfully
violates any program requirement, or,
for Class II wells, pipeline (production)
severance shall be imposable against
any person who willfully violates any
program requirement.
(b)(l) The maximum civil penalty or
criminal fine (as provided in paragraph
(a)(3) of this section) shall be assessable
for eadi instance of violation and, if the
violation is continuous, shall be
assessable up to the maximum amount
foreach day of violation.
(2) The burden of proof and degree of
knowledge or intent required under
State law for establishing violations
under paragraph (a)(3) of this section,
shall be no greater than the burden of
proof or degree of knowledge or inteiU
EPA must provide when it brings an
action under the appropriate Act.
Sue
Penalties
Civil
$2,500 (1,000 Class II)
Criminal ($5,000)
-22-
-------
Page
33462
33463
[Note.—For example, this reqajreraeol ia
not met if State law includes mental state as
an element of proof for civil violations.]
fc) Any civil penalty assessed, sought
or agreed upon by the Stale Director
under paragraph (a)(3) of this section
shall be appropriate to the violation. A
civil penalty agreed upon by the State
Director in settlement of administrative
or judicial litigation may be adjusted by
a percentage which represents the
likelihood of success in establishing the
underlying violation(s) in such litigation.
If such civil penalty, together with the
costs of expeditious compliance, would
be so severely disproportionate to the
resource* of the violator as to jeopardize
continuance in business, the payment of
the penalty may be deferred or the
penalty may be forgiven in whole or
part, as circumstances warrant. In (he
case of a penalty for a failure to meet a
statutory or final permit compliance
deadline, "appropriate to the violation,"
as used in this paragraph, means a
penalty which is equal to:
(1) An amount appropriate to redress
the harm or risk to public heaJlh or the
environment; plus
(2) An amount appropriate to remove
the economic benefit gained or to be
gained from delayed compliance; plus
(3) An amount appropriate as a
penally for the violator's degree of
recalcitrance, defiance, or indifference
to requirements of the law; plus
(4) An amount appropriate to recover
unusual or extraordinary enforcement
costs thrust upon the public; minus
(5) An amount, if any, appropriate to
reflect any part of the noncompliance
attributable to the government itself;
and minus
(6) An amount appropriate to reflect
any part of the noncompliance caused
-23-
"Jeopardize
Continuance in Business"
-------
Page
3 3 4 6 3 by factors completely beyond the
violator's control (e.g., floods, fires).
[Note.—In addition to the requirements of
this paragraph, the State may have other
enforcement remedies. The following
enforcement options, while not mandatory,
are highly recommended:
Procedures for assessment by the State of
the costs of investigations, inspections, or
monitoring surveys which lead to the
establishment of violations;
Procedures which enable the State to
assess or to sue any persons responsible for
unauthorized activities for any expenses
incurred by the State in removing, correcting,
or terminating any adverse effects upon
human health and the environment resulting
from the unauthorized activity, whether or
not accidental;
Procedures which enable the State to sue
for compensation for any loss or destruction
of wildlife, fish or aquatic life, or their
habitat, and for any other damages caused by
unauthorized activity, either to the State or to
any residents of the State who are directly
aggrieved by the unauthorized activity, or
both; and
Procedures for the administrative
assessment of penalties by the Director.]
(d) Any State administering a program
shall provide for public participation in
the State enforcement process by
providing either:
(1) Authority which allows
intervention as of right in any civil or
administrative action to obtain remedies
specified in paragraphs (a) (1), (2) or (3)
of this section by any citizen having an
interest which is or may be adversely
affected; or
(2) Assurance that the State agency or
enforcement authority will:
(i) Investigate and provide written
responses to all citizen complaints
submitted pursuant to the procedures
specified in § 123.8(b)(4);
(ii) Not oppose intervention by any
citizen when permissive intervention
-24-
Public Participation
Intervention
Citizen complaints
Requirements for
compliance programs
-------
Page
33463 may be authorized by statute, rule, or
regulation; and
(iii) Publish notice of and provide at
least 30 days for public comment on any
proposed settlement of a State
enforcement action.
§ 123.10 Sharing of information.
(a) Any information obtained or used
in the administration of a State program
shall be available to EPA upon request
without restriction. If the information
has been submitted to the State under a
claim of confidentiality, the State must
submit that claim to EPA when
providing information under this section.
Any information obtained from a State
and subject to a claim of confidentiality
will be treated in accordance with the
regulations in 40 CFR Part 2. If EPA
obtains from a State information that is
not claimed lo be confidential, EPA may
make that information available to the
public without further notice.
(b) EPA shall furnish to States with
approved programs the information in
its files not submitted under a claim of
confidentiality which the State needs to
implement its approved program. EPA
shall furnish to States with approved
programs information submitted to EPA
under a claim of confidentiality, which
the State needs to implement its
approved program, subject to the
conditions in 40 CFR Part 2.
§ 123.11 Coordination with other
programs.
(a) Issuance of State permits under
this Part mgvbe. coordinated with
issuance of RCRA, UIC, NPDES, and 404
permits whether they are controlled by
the State, EPA, or the Corps of
Engineers. See § 124.4.
(b) The State Director of any
approved program which may affect the
planning for and development of
-25-
Notice
30 day public comment
"May be"
Consolidation of permit
processing p. 33482
-------
Page
33463 hazardous waste management facilities
ano^ractices shall consult and
coordinate with agencies designated
under section 4006(b) of RCRA {40 CFR
Part 255) as responsible for the
development and implementation of
State solid waste management plans
under section 4002(b] of RCRA (40 CFR
Part 256).
§ 123.12 Approval process.
The process for EPA approval of State
programs is set out in §§ 123.39 (RCRA),
123.54 fUICI. 123.77 (NPDES). and
§ 123.13 Procedures for revision ot State
programs.
(a) Either EPA or the approved State
may initiate program revision. Program
revision may be necessary when the
controlling Federal or State statutory or
regulatory authority is modified or
supplemented. The State shall keep EPA
fully informed of any proposed
modifications to its basic statutory or
regulatory authority, its forms.
procedures, or priorities.
(b) Revision of a State program shall
be accomplished as follows:
(1) The State shall submit a modified
program description. Attorney General's
statement, Memorandum of Agreement,
or sur.h other documents as EPA
determines to be necessary under the
circumstances.
(2) Whenever EPA determines that the
proposed program revision is
substantial^EPA shall issue public
notice and provide an opportunity to
comment for a period of at least 30 days.
The public notice shall be mailed to
interested persons and shall be
published in the Federal Register and in
enough of the largest newspapers in the
State to provide jjtajewjd^coverage.
The public notice shall summarize the
-26-
Hazardous
Modified program
description
Substantial - public
notice, 30 day comment
Federal Register
-------
Page
33463 proposed revisions and provide tor the
opportunity to request a public hearing.
Such a hearing will be held if there is
significant public interest based on
requests received.
(3) The Administrator shall approve or
disapprove program revisions based on
the requirements of this Part and of the
appropriate Act.
(4) A program revision shall become
effective upon the approval of the
Administrator. Notice of approval of any
substantial revision shall be published
in the Federal Register. Notice of
approval of non-substantial program
revisions may be given by a letter from
the Administrator to the State Governor
or his designee.
(c) States with approved programs
shall notify EPA whenever they propose
to Jransfer^all or part of any program
fromTrie'approved State agency to any
other State agency, and shall identify
any new division of responsibilities
among the agencies involved. The new
agency is not authorized to administer
the program until approved by the
Administrator under paragraph (b) of
this section. Organizational charts
required under § 123.4(b] shall be
revised and resubmitted.
(d) Whenever the Administrator has
reason to believe that circumstances
have changed with respect to a State
program, he may request, and the State
shall provide, a supplemental Attorney
General's statement, program
description, or such other documents or
information as are necessary.
Page (f) State U!C programs only. The State
33464 shall submit the information required
under paragraph (b)(l) of this section
within 270 days of any amendment to
this Part or 40 CFR Parts 122,124, or 146
which revises or adds any requirement
respecting an approved State UIC
program. -27-
Federal Register
Approval by
Administrator
270 days - any
amendment
-------
Page
33464 §123.14 Criteria lor withdrawal of State
programs.
(a) The Administrator may withdraw
program approval when a State program
no'longer complies with the
requirements of this Part, and the State
fails to take corrective action. Such
circumstances include the following:
(1) When the State's legal authority no
longer meets the requirements of this
Part, including:
(i) Failure of the State to promulgate
or enact new authorities when
necessary; or
(ii) Action by a State legislature or
court striking down or limiting State
authorities.
(2) When the operation of the State
program fails to comply with the
requirements of this Part, including:
(i) Failure to exercise ggnjro^over
activities required to be regulated under
this Part, including failure to issue
permits;
(ii) Repeated issuance of permits
which do not conform to thf™™"
requirements of this Part; or
(iii) Failure to comply with the publta
garticiDation requirements of this Pa3T*
(3}Wnenthe State's enforcemeiU
program fails to compljTwitlHIie*"""
requirements of this Part, including:
(i) Failure to act on yjojgtions of
permits or other program requirements;
(ii) Failure to seek adequate
enforcement penalties or to collect
administrativeTme^vhen imposed; or
(iii) Failure to Inspect and monitor
activities subject to regulationr™"*"""
(4) When the State program fails to
comply with the terms of the
t required
Legal authority
Operation
33459
-28-
-------
Page
33464
§ 123.15 Procedures for withdrawal of
State programs.
(a) A State with a program approved
under this Part may voluntarily transfer
program responsibilities required by
Federal law to EPA by taking
the following actions, or in such other
manner as may be agreed upon with the
Administrator.
(1) The State shall give the
Administrator 180 days
notice of the proposed transfer and shall
submit a plan for the orderly transfer of
all relevant program information not in
the possession of EPA
(such as permits, permit files,
compliance files, reports, permit
applications) which are necessary for
EPA to administer the
program.
(2) Within 60 days of receiving the
notice and transfer plan, the
Administrator shall
evaluate the State's transfer plan and
shall identify any additional information
needed by the Federal government for
program administration and/or identify
any other deficiencies in the plan.
(3) Af least 30 days before the transfer
is to occur the Administrator shall
publish notice of the transfer in the
Federal Register and in enough of the
largest newspapers in the State to
provide Statewide coverage, and shall
mail notice to all permit holders, permit
applicants, other regulated persons and
other interested persons on appropriate
EPA and State mailing lists.
The process for
withdrawing approval of State UIC
programs is set out in § 123.55.
180 days
60 days
30 days
Federal Register
33469
-29-
-------
Page
33468 Subpart C—Additional Requirements
for State UtC Programs
§ 123.51 Purpose and »cop«.
(a) This Subpart describes additional
substantive and procedural
requirements for State UIC programs
authorized under section 1422 of SDWA.
(b) States shall submit to the
Administrator a proposed State UIC
program complying with § 123.3 of this
Part within 270 days of the date of
promulgation of these regulation*. The
Administrator may, for good cause.
extend the date for submission of a
proposed State UIC program for up to an
additional 270 days.
(c) EPA will establish a UIC program
in any State which does not comply with
paragraph (b) of this section. EPA will
continue to operate a UIC program in
such a State until the State receives .
approval of a UIC program in
accordance with the requirements of
this Part.
[Note.—States which are authorized to
administer the NPDES permit program under
section 402 of CWA are encouraged to rely
on existing statutory authority, to the extent
possible, in developing a State UIC program.
Section 4Q2(b)(l)(D) of CWA requires that
NPDES States have the authority "to issue
permits which * * * control the disposal of
pollutants into wells," In many instances,
therefore. NPDES States will have existing
statutory authority to regulate well disposal
which satisfies the requirements of the UIC
program. Note, however, that CWA excludes
certain types of well injections from the
definition of "pollutant" If the State's
statutory authority contains a wmiiar
exclusion it may need to be modified to
qualify for UIC program approval.)
(d) If a State can demonstrate to
EPA's satisfaction that there are no
underground injections within the State
for one or more classes of injection
-30-
Elements of a program
submission p. 33457
Additional 270 days
EPA program
-------
Page
33468 wells[QtfaerJhaji-ClaaBIVwells)subject No existing wells
uch
to SDWA and that such injections
cannot legally occur in the State until
the State has developed an approved
program for those classes of injections,
the State need not submit a program to
regulate those injections and a partial
program may be approved. The
oemonslration of legal prohibition shall
be made by either explicitly banning
new injections of the class not covered
by the State program or providing a
certification from the State Attorney
General that such new injections cannot
legally occur until the State has
developed an approved program for that
class. The State shall submit a program
to regulate both those classes of
injections for which a demonstration is
not made and Class IV wells.
(e) When a State UIC program is fully
approved by EPA to regulate all classes
of injections; the State assumes primary
enforcement authority under section
1422(b){3) of SDWA. EPA retains
primary enforcement responsibility
whenever the State program is
disapproved in whole or in part. States
which have partially approved programs
have authority to enforce any violation
of the approved portion of their
program. EPA retains authority to
enforce violations of State underground
injection control programs, except that
when a State has a fully approved
program, EPA will not take enforcement
actions without providing prior notice to
the State and otherwise complying with
section 1423 of SDWA.
§ 12X52 Requirement to obtain a permit
States may authorize certain well
injections by rule rather than by permit
Any authorization by rule shall comply
with } 122,37.
Partial program
Must propose class IV
P.E.R.
Partial-EPA has PER
Prior notice - enforcement
p. 33438
-31-
-------
Page
33468
§ 123.53 Progr*M report*.
States shall submit to the
Administrator 6 months after the date of
promulgation of these regulations a
report describing the State's progress in
developing a UIC program. If the
Administrator extends the time for
submission of a UIC program an
additional 270 days, pursuant to
§ 123.51(b), the State shall submit a
second report six months after the first
report is due. The Administrator may
prescribe the manner and form of the
report.
§ 123.54 Approval process.
(a) Prior to submitting an application
to the Administrator for approval of a
State UIC program, the State shall issue
public notice of its intent to adopt a UIC
program and to seek program approval
from EPA. This public notice shall:
(1) Be circulated in a manner
calculated to attract the attention of
interested persons. Circulation of the
public notice shall include publication in
enough of the largest newspapers in the
State to attract Statewide attention and
mailing to persons on appropriate State
mailing lists and to any other persons
whom the agency has reason to believe
are interested;
(2) Indrcate when and where the
State's proposed program submission
may be reviewed by the public;
(3) Indicate the cost of obtaining a
copy of the submission;
(4) Provide for a comment period of
not less than 30 days during which
interested persons may comment on the
proposed UIC program:
(5) Schedule a public hearing on the
State program for no less than 30 days
after notice of the hearing is published;
(6) Briefly outline the fundamental
aspects of the State UIC program; and
-32-
6 months from
promulgation
Purpose and scope
6 i:\onths later
Public notice
News
Mail ing
30 days comment
Schedule Public Hearing
-------
(7) Identify a person that an interested
member of the public may contact for
further information.
(b) After complying with the
requirements of paragraph (a) of this
section any State may submit a
proposed UIC program under section
1422 of SOW A and § 123.3 of this Part to
EPA for approval. Such a submission
shall include a showing of compliance
with paragraph (a) of this section, copies
of all written comments received by the
State, a transcript, recording or
summary of any public hearing which
was held by the State, and a
responsiveness summary which
identifies the public participation
activities conducted, describes the
matters presented to the public,
summarizes significant comments
received and responds to these
comments. A copy of the responsiveness
summary shall be sent to those who
testified at the hearing, and others upon
request.
(c) After determining that a State's
submission for UIC program approval is
complete the Administrator shall issue
public notice of the submission in the
Federal Register and in accordance with
paragraph (a)(l) of this section. Such
notice shall:
(1) Indicate that a public hearing will
be held by EPA no earlier than 30 days
after notice of the hearing. The notice
may require persons wishing to present
testimony to file a request with the
Regional Administrator, who may
jjancd the public hearing if sufficient
puDmTinterest in a hearing is not
expressed;
(2) Afford the public Sgdays after the
notice to comment on tneSTate's
submission; and
(3) Note the availability of the State
submission for inspection and copying
by the public.
-33-
Elements of a program
submission p. 33457
Comments
Responsiveness summary
Federal Register
Public hearing
30 days
-------
Page
33469 (d) ^Uun9QjliU£ of tiie receipt of a
completesuomission (as provided in
§ 123.3) or material amendment thereto,
the Administrator shall byrule either
^
fully approve, disapprove, or approve in
part the State's UIC program taking into
account any comments submitted. The
Administrator shall give notice of this
rule in the Federal Register and in
accordance with paragraph (a)(l) of this
section. If the Administrator determines
not to approve the State program or to
approve it only in part, the notice shall
include a concise statement of the
reasons for this determination. A
responsiveness summary shall be
prepared by the Regional Office which
identifies the public participation
activities conducted, describes the
matters presented to the public,
summarizes significant comments
received and explains the Agency's
response to these comments. The
responsiveness summary shall be sent
lo those who testified at the public
hearing, and to others upon request.
§ 123.55 Procedures for withdrawal of
State UIC programs.
Approval of a State UIC program may
be withdrawn and a Federal program
established in its place where the
Administrator determines, after holding
a public hearing, that the State program
is not in compliance with the
requirements of SDWA and this Part.
(a) Notice to State of Public Hearing.
If the Administrator has cause to believe
that a State is not administering or
enforcing its authorized program in
compliance with the requirements of
SDWA and this Part, he or she shall
inform the State by registered mail of
the specific areas of alleged
noncompliance. If the State
demonstrates to the Administrator
within 30 days of such notification that
-34-
Eleraents of a program
submission p. 33457
Federal Register
Public Hearing
30 Days
-------
Page
33469 the State program is in compliance, the
Administrator shall take no further
action toward withdrawal and shall so
notify the State by registered mail.
(b) Public Hearing. If the State has not
demonstrated its compliance to the
satisfaction of the Administrator within
30 days after notification, the
Administrator shall inform the State
Director and schedule a public hearing
to discuss withdrawal of the State
program. Notice of such public hearing
shall be published in the Federal
Register and in enough of the largest
newspapers in the State to attract Ma i 1
statewide attention, and mailed to
persons on appropriate State and EPA
mailing lists. This hearing shall be
convened not less than 60 days nor more
than 75 days following the publication of 60 days — 75 days
the notice of the hearing. Notice of the
hearing shall identify the
Administrator's concerns. All interested
persons shall be given opportunity to
make written or oral presentations on
the State's program at the public
hearing.
(c) Notice to State of Findings.
Wherein the Administrator finds after
the public hearing that the State is not in
compliance, he or she shall notify the
State by registered mail of the specific
deficiencies in the State program and of
necessary remedial actions. Within 90 90 days
days of receipt of the above letter, the
State shall either carry out the required
remedial action or the Administrator
shall withdraw program approval. If the
State carries out the remedial action or,
as a result of the hearing is found to be
in compliance, the Administrator shall
so notify the State by registered mail
and conclude the withdrawal
proceedings.
-35-
-------
1. False.
2. False,
3. True.
4. True.
5. False,
6. True.
7. True.
8. True.
9. False.
10. True.
11. False.
12. True.
13. False.
14. True.
15. False.
16. False.
Scoring Key CFR 123
"if interest is shown"
"States are encouraged"
"inability ... does not constitute a
partial program."
Five years
Four years
Only gaseous hydrocarbon storage
wells have been transferred to
Class V.
(See 123.7)
"May"
May be exempted by the Director, but
must go through public hearing
and EPA review.
-36-
-------
17. True. Wells injecting hazardous material
into a USDW are still to be closed.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
False.
False.
False.
True.
False.
True.
True.
False.
True.
False.
True.
True.
True.
False.
True.
False.
\
True.
Other Class IV well regulations
reserved.
[123.5]
[123. 6(b) (1)]
"When appropriate" [123.6(b)5]
[123. 6(c)]
[123. 8(b)]
[123.8(b)(2)]
Not for Class II [123 . 9 ( b) (2 ) ( i i) ]
[123. 9(d) (2) (iii) ]
[123.10(b) ]
[123.13(2)]
[123.14(2)(iii)l
[123.15(a) ]
Tricky, but 123.51 indicates program
needed sooner or later.
[123.51(e)]
Must be scheduled. [123.54 (a) (5) ]
[123.55(b)]
-37-
-------
Notes
-38-
------- |