Quiero saber acerca de...

14847

Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

If EPA receives adverse comment, the Agency will publish a timely withdrawal in the Federal Register, informing the public that this direct final rule will not take effect. The
Agency will then consider and address all public comments in any subsequent final rule based on the proposed rule.
III. Entities Affected by this Action
jbell on DSKJLSW7X2PROD with RULES

REGULATED ENTITIES
North American Industry Classification System
Category
Examples of potentially regulated entities
Industry

Private owners and operators of Class II injection wells located within the state Enhanced Recovery, Produced Fluid Disposal and Hydrocarbon Storage.

This table is intended to be a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. If you have questions regarding the applicability of this action to a particular entity, consult the persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

by Michigans Class II UIC program, without restriction. The Agency continues to administer the UIC
program for Class I, III, VI, V, and VI, injection wells in the State and for all wells in Indian country.

IV. Legal Authorities
The State published a notification in the Michigan Register announcing their UIC Class II regulations and requesting comment on February 15, 2018. Public comment was accepted through March 16, 2018, and a public hearing on the States regulations and its intent to apply for primacy was held on February 28, 2018. Both oral and written comments received for the hearing were generally supportive of the State pursuing primacy for the UIC Class II
injection well program.

EPA approves Michigans UIC
Program primacy application for Class II
injection wells located within the State, as required by rule under the SDWA, to prevent underground injection activities that endanger underground sources of drinking water. Accordingly, the Agency codifies Michigans program in the Code of Federal Regulations CFR at 40 CFR part 147, under the authority of the SDWA, Section 1425, 42 U.S.C.
300h-4. Michigan applied to EPA under Section 1425 of the SDWA for primacy for all Class II injection wells within the State except those in Indian country.
The Agencys approval is based on a legal and technical review of Michigans primacy application. The review included an evaluation of Michigans requirements for permitting, compliance evaluation, and enforcement and of the programmatic structures and legal authority needed to ensure the protection of underground sources of drinking water USDWs in coordination with EPA. Through this process the Agency determined that the States program is effective. EPA will continue to oversee Michigans administration of the SDWA Class II UIC program. As part of EPAs oversight responsibility, EPA
will require Michigan to submit semiannual reports of non-compliance and annual UIC performance reports pursuant to 40 CFR 144.8. The Memorandum of Agreement between EPA and Michigan, signed by the EPA
Region 5 Regional Administrator on October 13, 2020, makes available to EPA any information obtained or used
VerDate Sep<11>2014

16:22 Mar 18, 2021

Jkt 253001

V. Michigans Application A. Public Participation Activities Conducted by the State of Michigan
B. Notice of Completion and Public Participation Activities Conducted by EPA
On April 15, 2020, the Agency published a notification of Michigans complete application in the Federal Register 80 FR 69629 and posted a similar announcement on the EPA
Region 5 website. The document established a public comment period of 60 days and a public hearing on May 27, 2020. The May 27, 2020 public hearing was held virtually due to restrictions on meetings imposed by the State of Michigan related to COVID19 and to protect public health. EPA had also directly contacted federally recognized tribes in the State of Michigan to provide a separate opportunity for consultation on the Michigan Class II
UIC primacy application. A tribal consultation call was held on April 14, 2020.
EPA received a total of 40 public comments in the electronic docket, by paper mail, and during the virtual hearing. Thirty-seven of the comments contained general expressions of
PO 00000

Frm 00041

Fmt 4700

Sfmt 4700

211111 & 213111.

support for Michigans application. One letter submitted was from a tribal government, offering comments and requesting specific information; these comments and request were addressed through the tribal consultation process.
One electronic docket statement was determined to be out of scope of this action as it expressed a general desire for Michigan to adopt a clean energy statute. One speaker at the virtual hearing asked several questions about Michigans program. The speaker did not make a comment or statement about the application.
Through a March 9, 2020 written letter, EPA invited interested tribes to consult regarding the Agencys review of the States request for program approval, in accordance with EPA
Policy for Consultation and Coordination with Indian Tribes May 4, 2011. EPA held a telephone conference with interested tribes on April 14, 2020.
Additionally, EPA received written comments from two tribes. EPA
communicated the concerns raised in these comments via email to the Michigan Department of Environment, Great Lakes, and Energy EGLE on July 23, 2020. In response, EGLE sent a letter dated August 6, 2020, in which the Department committed to consult and coordinate with tribes regarding permit applications for wells adjacent to Indian country defined in accordance with 18
U.S.C. 1151 and within the ceded territory where tribes hold offreservation treaty rights. Detailed documents covering the comments submitted to EPA through the public comment process and the tribal consultation, as well as the Agencys responses and steps taken can be viewed in the docket.
VI. Incorporation by Reference In this action, EPA is approving Michigans Class II UIC program;
whereby the State will assume primacy for regulating Class II injection wells in the State, except within Indian country.

E:FRFM19MRR1.SGM

19MRR1