The UIC program for Classes I, II, III, IV, V and VI wells in the State of Arizona, except those on Indian lands, is the program administered by the Arizona Department of Environmental Quality, approved by the EPA pursuant to section 1422 of the SDWA. The effective date of this program is October 15, 2025. The UIC program for Classes I, II, III, IV, V and VI wells in the State of Arizona, except those located on Indian lands, consists of the following elements, as submitted to the EPA in the State's primacy application.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations approved by the EPA in “Arizona SDWA § 1422 Underground Injection Control Program Statutes and Regulations to be Incorporated by Reference”, dated March 24, 2025, and listed in table 1 to this paragraph (a), are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Arizona. 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 Arizona's statutes and regulations that are incorporated by reference may be obtained from the State of Arizona Research Library located at 1901 West Madison, Phoenix, Arizona 85009. Copies of the State of Arizona's statutes and regulations that are incorporated by reference may be inspected at the U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105 and the U.S. Environmental Protection Agency, Water Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004. If you wish to obtain materials from the EPA Regional Office, please call (415) 972-3533, or from the EPA Headquarters Library, please call the Water Docket at (202) 566-2426. You may also view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

(b) Other laws. The following statutes and regulations although not incorporated by reference, also are part of the approved State-administered program:

(1) A.R.S. section 1-211 (General Rules of Statutory Construction);

(2) A.R.S. sections 13-107, 801, and 803 (Criminal Code);

(3) A.R.S. sections 18-106 (Information Technology);

(4) A.R.S. sections 41-1001, 1001.02, 1002, 1003 through 1010, 1011 through 1013, 1021 through 1067, 1072 through 1093.07, and 2051 (Administrative Procedure);

(5) A.R.S. sections 44-7001 through 7061 (Electronic Transactions);

(6) A.R.S. sections 49-104, 203, 205, 208, 224, 250, 257, 257.01(A) and (D), 261-262, 263 (B-D) and (F-H), 264, 265, 321 through 324, 922, and 1403 (The Environment);

(7) A.A.C. R18-1-501 through 525 and Table 10 (Licensing Timeframes);

(8) A.A.C. R18-9-103, C301 through C304, and E323 (Water Pollution Control); and

(9) A.A.C. R18-14-101 through 115 (Water Quality Protection Fees).

(c) Memorandum of Agreement (MOA). The Memorandum of Agreement between the State of Arizona and the EPA, Region 9, signed by the EPA Regional Administrator on March 24, 2025.

(d) Letter from Governor. Letter from the Governor of Arizona to the Regional Administrator, EPA Region 9, signed on February 16, 2024.

(e) Statement of legal authority. Attorney General's Statement, signed by the Attorney General of Arizona on September 5, 2024.

(f) Program Description. The Program Description, “Arizona Department of Environmental Quality Underground Injection Control Program Description (40 CFR 145.23)”, and any other materials submitted as part of the application or amendment thereto.

[90 FR 44332, Sept. 15, 2025]

(a) Contents. The UIC program that applies to all injection activities on Indian lands in Arizona, except for Class II wells on Navajo Indian lands for which EPA has granted the Navajo Nation primacy for the SDWA Class II UIC program (as defined in § 147.3400), is administered by EPA. The UIC program for Navajo Indian lands, except for Class II wells on Navajo Indian lands for which EPA has granted the Navajo Nation primacy for the SDWA Class II UIC program, consists of the requirements contained in subpart HHH of this part. The program for all injection activity except that on Navajo Indian lands consists of the UIC program requirements of parts 124, 144, 146, and 148 of this title, and any additional requirements set forth in the remainder of this subpart. Injection well owners and operators, and EPA, shall comply with the requirements of this paragraph (a).

(b) Effective dates. The effective date for the UIC program on Indian lands in Arizona, except for the lands of the Navajo Indians, is June 25, 1984. The effective date for the UIC program on the lands of the Navajo, except for Class II wells on Navajo Indian lands for which EPA has granted the Navajo Nation primacy for the SDWA Class II UIC program (as defined in § 147.3400), is November 25, 1988.

[90 FR 44333, Sept. 15, 2025]