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EPA/WATER

RIN: 2040-AF04

Publication ID: Spring 2009

Title: ●Revisions to the Underground Injection Control (UIC) Requirements for Class V Wells (Section 610 Review)
Abstract: Class V wells are regulated under the authority of part C of the Safe Drinking Water Act (SDWA). The 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 through wells. The Agency has promulgated a series of underground injection control (UIC) regulations under this authority. Most class V wells are authorized by rule as long as (1) they do not endanger underground sources of drinking water (USDWs), and (2) the well owners or operators submit basic inventory and assessment information. If a class V well may endanger USDWs, UIC Program Directors can require the owner/operator to apply for a permit, order preventive actions (including closure of the well) to prevent the violation, require remediation to assure USDWs are protected, or take enforcement action. On December 7, 1999, EPA finalized additional requirements for motor vehicle waste disposal wells and large capacity cesspools, to embrace priorities and help achieve goals defined under the 1996 Amendments to the SDWA, and to fulfill the first phase of the Agency's requirements under the 1997 consent decree with the Sierra Club. The 1999 Rule established requirements for two categories of class V injection wells determined by EPA to be a source of endangerment to drinking water. Specifically, the rule covers: (1) Existing motor vehicle waste disposal wells located in ground water protection areas or other sensitive ground water areas; and, (2) new and existing large-capacity cesspools and new motor vehicle waste disposal wells nationwide. The conclusion that these class V wells pose an endangerment to USDWs is based on substantial information and the combined professional judgment of EPA and State geologists and engineers that are responsible for implementing the class V UIC program. This new entry in the regulatory agenda announces that while EPA has taken steps in the 1999 Rulemaking process to evaluate and mitigate impacts on small entities, pursuant to section 610 of the Regulatory Flexibility Act, EPA will review the Class V Rule. As part of the review, EPA will consider and solicit comments on the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4)the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. Based on the evaluation of the Class V Rule during promulgation, EPA believes there is a continued need for the Class V Rule. EPA assumes that the regulatory impact of two endangering well types on small business is not significant because the Agency believes most of these well types have been either closed or permitted. Comments must be received by August 11, 2009. In submitting comments, please reference Docket ID EPA-HQ-OW-2009-0082 and follow the instructions in section I of the preamble to this issue of the Regulatory Agenda. The docket can be assessed at www.regulations.gov.
Agency: Environmental Protection Agency(EPA)	Priority: Info./Admin./Other
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: No	Unfunded Mandates: Undetermined
RFA Section 610 Review: Section 610 Review
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 USC 610

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Action	12/07/1999	64 FR 68546
Begin Review	05/00/2009
End Comment Period	08/00/2009
End Review	12/00/2009

Additional Information: SAN No. 5332; EPA Docket information: EPA-HQ-OW-2009-0082
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact: Stephanie Flaharty Environmental Protection Agency Water Environmental Protection Agency, Water, Mail Code 4601M, Washington, DC 20460 Phone:202 564-5072 Email: flaharty.stephanie@epa.gov Sandy Evalenko Environmental Protection Agency Water 4101M, Washington, DC 20460 Phone:202 564-0264 Fax:202 564-0194 Email: Evalenko.Sandy@epamail.epa.gov