Federal Register - March 19, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
Michigans statutes and supporting documentation are publicly available in EPAs Docket No. EPAHQOW2020
0595. This action amends 40 CFR part 147 and incorporates by reference EPAapproved state statutes and regulations.
EPA will continue to administer the UIC
program for all other well classes in Michigan and all well classes within Indian country.
The provisions of Michigans statutes and regulations that contain standards, requirements, and procedures applicable to owners or operators of UIC
Class II wells are incorporated by reference into 40 CFR 147.1150 by this rule. Any provisions incorporated by reference, as well as all permit conditions or permit denials issued pursuant to such provisions, will be enforceable by EPA pursuant to the SDWA Section 1423 and 40 CFR
147.1e.
In order to better serve the public, EPA is reformatting the codification of EPA-Approved State of Michigan Safe Drinking Water Act 1425 Underground Injection Control UIC Program Statutes and Regulations for Class II wells.
Instead of codifying the Michigan statutes and regulations as separate paragraphs, EPA is now incorporating by reference a compilation that contains EPA-approved Michigan statutes and regulations for Class II wells. This compilation is incorporated by reference into 40 CFR 147.1150 and is available at https www.regulations.gov in the docket for this rule. EPA has made, and will continue to make, these documents generally available through https
www.regulations.gov and in hard copy at the EPA Region 5 office see the FOR
FURTHER INFORMATION CONTACT section of this preamble for more information. A
complete list of the Michigan statutes and regulations contained in the compilation, titled EPA-Approved State of Michigan Safe Drinking Water Act 1425 Underground Injection Control UIC Program Statutes and Regulations for Class II wells, dated November 24, 2020, is codified as Table 1 to paragraph a in that section.
that the approval of primacy for the UIC
program is not a significant regulatory action.
VII. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at http www2.epa.gov/lawsregulations/laws-and-executive-orders.
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector.
EPAs approval of Michigans primacy application will not constitute a Federal mandate because there is no requirement that a state establish UIC
regulatory programs and because the program is a state, rather than a Federal program.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review.
This action is exempt from review by the Office of Management and Budget OMB because OMB has determined
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B. Paperwork Reduction Act PRA
This action does not impose any new information collection burden under the PRA. EPA determined that there is no need for an Information Collection Request under the PRA because this direct final rule does not impose any new Federal reporting or recordkeeping requirements. Reporting or recordkeeping requirements will be based on Michigans UIC Regulations, and Michigan is not subject to the PRA.
However, OMB has previously approved the information collection activities contained in the existing UIC
regulations and for Section 1425 states under the provisions of the PRA, 44
U.S.C. 3501 et seq. and has assigned OMB control number 20400042.
C. Regulatory Flexibility Act RFA
The Agency certifies that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden, or otherwise has a positive economic effect on the small entities subject to the rule. This action would not impose any new requirements on small entities. It simply approves and codifies Michigans Class II UIC program, which meets the same effectiveness standard under SDWA
Section 1425 for regulating a Class II
UIC well program. EPA has therefore concluded that this action will have no net regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act UMRA
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E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175 as explained in Section V.B. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health &
Safety Risks EPA interprets Executive Order 13045
as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in Section 2202 of the Executive order. This action is not subject to Executive Order 13045
because it approves a state program.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes that this action is not subject to Executive Order 12898 59 FR
7629, February 16, 1994 because it does not establish either a new environmental health or a new safety standard. This action is providing Michigan with primacy under the SDWA for the Class II UIC program, pursuant to which Michigan will be implementing and enforcing a state regulatory program that is as effective as the existing federal program.
K. Congressional Review Act CRA
This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the
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