The UIC program for Class I, II, III, IV, and V wells in the State of Washington other than those on Indian lands, is the program administered by the Washington Department of Ecology, approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on August 9, 1984; the effective date of this program is September 24, 1984. This program consists of the following elements, as submitted to EPA in the State's program application.
(a) Incorporation by reference. The requirements set forth in the state statutes and regulations cited in the binder entitled “EPA-Approved Washington SDWA section 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, II, III, IV, and V,” dated January 2014, and Table 1 to paragraph (a) of this section are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Washington. 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 State of Washington regulations that are incorporated by reference in paragraph (a) of this section may be inspected at the U.S. Environmental Protection Agency, Region 10, Library, 10th Floor, 1200 Sixth Avenue, Seattle, Washington 98101; Water Docket, EPA Docket Center (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from the EPA Regional Office, please call (206) 553-1289; for materials from a docket in the EPA Headquarters Library, please call the Water Docket at (202) 566-2426. For information on the availability of this material at NARA, call (202) 741-6030, or go to http://www.archives.gov/locations/.
Table 1 to Paragraph (a) EPA-Approved Washington SDWA Section 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, II, III, IV, and V
| State citation
| Title/subject
| State effective date
| EPA approval date
1
|
|---|
| Revised Code of Washington Sections 90.48.010—90.48.906 | Water Pollution Control | February 3, 2006 | 4/6/15, 80 FR 13822
|
| Revised Code of Washington Section 43.21A.445 | Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments | February 3, 2006 | 4/6/15, 80 FR 13822
|
| Washington Administrative Code Sections 173-218-010—173-218-130 | Underground Injection Control Program | June 19, 2008 | 4/6/15, 80 FR 13822
|
| Washington Administrative Code Sections 344-12-001—344-12-295 | Oil and Gas Conservation Committee, General Rules | June 29, 1988 | 4/6/15, 80 FR 13822
|
| Washington Administrative Code Sections 173-160-010—173-160-990 | Minimum Standards for Construction and Maintenance of Wells | December 19, 2008 | 4/6/15, 80 FR 13822
|
(b) Other laws. The following statutes and regulations although not incorporated by reference, also are part of the approved State-administered program:
(1) Revised Code of Washington, chapter 34.04 (Bureau of National Affairs, 1981 Laws), entitled “Administrative Procedure act”;
(2) Revised Code of Washington, chapter 43.21A (Bureau of National Affairs, 1980 Laws), entitled “Department of Ecology,” as amended by 1983 Washington Laws, Chapter 270;
(3) Revised Code of Washington, chapter 70.105 (Bureau of National Affairs, 1983 Laws), entitled “Hazardous Waste Disposal”;
(4) Revised Code of Washington, chapter 78.52 (Bureau of National Affairs, 1983 Laws), entitled “Oil and Gas Conservation”;
(5) Revised Code of Washington, chapter 90.48 (Bureau of National Affairs, 1986 Laws), entitled “Water Pollution Control.”
(c)(1) The Memorandum of Agreement between EPA Region X and the Washington Department of Ecology, signed by the EPA Regional Administrator on February 15, 2011.
(2) Memorandum of Agreement between the Washington Department of Ecology and Oil and Gas Conservation Committee, Related to the Underground Injection Control Program for the State of Washington, signed March 23, 1984;
(3) Memorandum of Agreement between the Washington Department of Ecology and Washington Department of Natural Resources, Related to the Underground Injection Control Program for the State of Washington, signed March 23, 1984;
(4) Memorandum of Agreement between the Washington Department of Ecology and Department of Social and Health Services, Related to the Underground Injection Control Program for the State of Washington, signed March 23, 1984;
(5) Memorandum of Agreement between the Washington Department of Ecology and the Energy Facility Site Evaluation Council, Related to the Underground Injection Control Program for the State of Washington, signed March 19, 2009.
(d) Statement of legal authority. Letter from Attorney General of the State of Washington, by Senior Assistant Attorney General, to Director, Washington State Department of Ecology, “Re: Underground Injection Control Regulatory Program—Attorney General's Statement,” February 28, 1984.
(e) The Program Description and any other materials submitted as part of the original application or as supplements thereto.
[49 FR 31876, Aug. 9, 1984, as amended at 56 FR 9420, Mar. 6, 1991; 80 FR 18322, Apr. 6, 2015]