Title 40
SECTION 147.1751
147.1751 State-administered program - Class I, III, IV, V and VI wells.
§ 147.1751 State-administered program - Class I, III, IV, V and VI wells.The UIC Program for Class I, III, IV, and V wells in the State of North Dakota, except those located on Indian lands, as defined under 40 CFR 144.3, is the program administered by the North Dakota Department of Environmental Quality, approved by the EPA pursuant to section 1422 of the SDWA. Notification of this approval was published in the Federal Register on April 15, 2019; the program is effective May 15, 2019. The UIC Program for Class VI wells in the State of North Dakota, except those located on Indian lands, is the program administered by the North Dakota Industrial Commission (NDIC), approved by the EPA pursuant to section 1422 of the SDWA. Notification of this approval was published in the Federal Register on April 24, 2018; the effective date of the NDIC UIC Class VI program is April 24, 2018. The State-administered UIC programs for Classes I, III, IV, V, and VI consist of the following elements, as submitted to the EPA in the State's program applications.
(a) The requirements set forth in the State statutes and regulations approved by the EPA for inclusion in “EPA-Approved North Dakota SDWA § 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI,” dated January 2019, and listed in table 1 to this paragraph (a), are incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of North Dakota. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the material incorporated by reference in this paragraph (a) may be inspected at the U.S. Environmental Protection Agency, Region VIII, Library 2nd Floor, 1595 Wynkoop Street, Denver, Colorado 80202-1129. If you wish to obtain this material from the EPA Regional Office, call (303) 312-1226. Copies of this material also may be inspected at the EPA Headquarters Library, in the Water Docket, at the EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460. If you wish to obtain this material from the EPA Docket Center, call (202) 566-2426. Copies of this material also may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
Table 1 to Paragraph (a) - EPA-Approved North Dakota SDWA Section 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI
| State citation | Title/subject | State effective date |
EPA approval date |
|---|---|---|---|
| North Dakota Century Code Sections 38-12-01 through 38-12-03 | Regulation, Development and Production of Subsurface Minerals | 1980 | September 21, 1984, 49 FR 37066. |
| North Dakota Century Code Sections 61-28-02 and 61-28-06 | Control, Prevention and Abatement of Pollution of Surface Waters | 1989 | March 6, 1991, 56 FR 9418. |
| North Dakota Century Code Sections 61-28.1-01 and 61-28.1-12 | Safe Drinking Water Act | 2019 | April 15, 2019, [insert Federal Register citation]. |
| North Dakota Administrative Code Sections 33.1-25-01-01 through 33.1-25-01-18 | Underground Injection Control Program | 2019 | April 15, 2019, [insert Federal Register citation]. |
| North Dakota Administrative Code Sections 43-02-02-01 through 43-02-02-50 | Subsurface Mineral Exploration and Development | 1986 | March 6, 1991, 56 FR 9418. |
| North Dakota Administrative Code Sections 43-02-02.1-01 through 43-02-02.2-19 | Underground Injection Control Program | 1984 | September 21, 1984, 49 FR 37066. |
| North Dakota Century Code Sections 38-22-01 through 38-22-23 | Carbon Dioxide Underground Storage | 2009 | April 24, 2018, 83 FR 17761. |
| North Dakota Administrative Code Sections 38-08-16 and 38-08-17 | Control of Oil and Gas Resources | 2013 | April 24, 2018, 83 FR 17761. |
| North Dakota Administrative Code Sections 43-05-01-01 through 43-05-01-20 | Geologic Storage of Carbon Dioxide | 2013 | April 24, 2018, 83 FR 17761. |
(b) The following statutes and regulations, although not incorporated by reference, also are part of the approved State-administered program:
(1) North Dakota Environmental Law Enforcement Act of 1975, North Dakota Century Code Sections 32-40-01 to 32-40-11 (1976); and
(2) North Dakota Administrative Code Article 33-22 (Practice and Procedure) (1983).
(c) The Memorandum of Agreement for the Class I, III, IV, and V Underground Injection Control Program between EPA Region 8 and the North Dakota Department of Environmental Quality, signed by the EPA Regional Administrator on September 18, 2018.
(d) The statement of legal authority, “Class I, III, IV, and V Underground Injection Control Program, Attorney General's Statement,” signed by the Assistant Attorney General of North Dakota on July 30, 2018, and the “Supplement to the Attorney General Statements Relating to Programs Being Transferred to the North Dakota Department of Environmental Quality,” signed by the Assistant Attorney General of North Dakota on October 23, 2018.
(e) The Class I, III, IV, and V Underground Injection Control Program Description and any other materials submitted as part of the program revision or as supplements thereto.
(f) The Memorandum of Agreement for the Class VI Underground Injection Control Program between EPA Region 8 and the North Dakota Industrial Commission, signed by the EPA Regional Administrator on October 28, 2013.
(g) The Memorandum of Understanding for Class VI between the North Dakota Industrial Commission, Department of Mineral Resources, Oil and Gas Division and the North Dakota Department of Health, Water Quality Division Related to the Underground Injection Control Program, signed on June 19, 2013.
(h) The statement of legal authority, “Class VI Underground Injection Control Program, Attorney General's Statement,” signed by the Attorney General of North Dakota on January 22, 2013.
(i) The Class VI Underground Injection Control Program Description and any other materials submitted as part of the program revision or as supplements thereto.
[49 FR 37066, Sept. 21, 1984, as amended at 56 FR 9418, Mar. 6, 1991; 83 FR 17761, Apr. 24, 2018; 84 FR 15121, Apr. 15, 2019]