40 CFR 147.900 - State-administered program

View all text of Subpart S [§ 147.900 - § 147.905]

§ 147.900 - State-administered program—Class II wells.

The UIC program for Class II injection wells in the Commonwealth of Kentucky, except for those on Indian lands, is the program administered by the Kentucky Department of Natural Resources, Division of Oil and Gas approved by the EPA pursuant to section 1425 of the SDWA. Notification of this approval was published in the Federal Register on December 28, 2016; the effective date of this program is January 27, 2017. Table 1 to paragraph (a) of this section is the table of contents of the Kentucky state statutes and regulations incorporated as follows by reference. This program consists of the following elements, as submitted to the EPA in the state's program application.

(a) Incorporation by reference. The requirements set forth in the Kentucky State statutes and regulations cited in the binder entitled “EPA-Approved Commonwealth of Kentucky Safe Drinking Water Act § 1425 Underground Injection Control (UIC) Program Statutes and Regulations for Class II wells,” dated August 2016 is hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the Commonwealth of Kentucky. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the Kentucky regulations may be obtained or inspected at the Kentucky Department of Natural Resources, Division of Oil and Gas, 3th Floor, 300 Sower Blvd., Frankfort, Kentucky 40601, (315) 532-0191; at the U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960, (404) 562-8190; or at the National Archives and Records Administration (NARA). For information on availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Table 1 to Paragraph (a)—EPA-Approved Kentucky SDWA § 1425 Underground Injection Control Program Statutes and Regulations for Class II Wells

State citation	Title/subject	State effective date	EPA approval date 1	Kentucky Revised Statutes Chapter 13B	Kentucky Administrative Procedures Act KRS 13B.005 to 13B.170	June 15, 1994	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.180	Requirements for plugging abandoned well—Bids—Remedy for possessor of adjacent land or for department	June 24, 2015	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.510	Definition of KRS 353.500 to 353.720	July 15, 2010	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.520	Territorial application of KRS 353.500 to 353.720—Waste of oil and gas prohibited	June 24, 2003	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.550	Specific authority over oil and gas operators	July 15, 1996	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.570	Permit Required—May authorize operation prior to issuance of permit	July 15, 1998	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.590	Application for permit—Fees-Plat-Bond to insure plugging—Schedule—Blanket bonds-Corporate guarantee—Use of forfeited funds—Oil and gas well. plugging fund—Wells not included in “water supply well.”	July 15, 2010	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.591	Purpose and application of KRS 353.592 and 353.593	July 15, 1986	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.592	Powers of the department	June 24, 2015	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.593	Appeals	July 15, 1996	12/28/2016, 81 FR 95480	Kentucky Revised Statutes 353.992	Penalties	July 15, 1986	12/28/2016, 81 FR 95480	805 Kentucky Administrative Regulations 1:020	Providing Protection for USDWs	August 9, 2007	12/28/2016, 81 FR 95480	805 Kentucky Administrative Regulations 1:030	Well location and as-drilled location plat, preparation, form and contents	October 23, 2009	12/28/2016, 81 FR 95480	805 Kentucky Administrative Regulations 1:060	Plugging wells; non-coal-bearing strata	June 11, 1975	12/28/2016, 81 FR 95480	805 Administrative Regulations 1:070	Plugging wells; coal bearing strata	October 23, 1975	12/28/2016, 81 FR 95480	805 Kentucky Administrative Regulations 1:110	Underground Injection Control	April 4, 2008	12/28/2016, 81 FR 95480

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register document cited in this column for the particular provision.

(b) Memorandum of Agreement (MOA). The MOA between EPA Region 4 and the Commonwealth of Kentucky Department of Natural Resources signed by EPA Regional Administrator on October 20, 2015.

(c) Statements of Legal Authority. “Underground Injection Control Program, Attorney General's Statement,” signed by General Counsel of Kentucky Energy and Environmental Cabinet on June 7, 2010.

(d) Program Description. The Program Description submitted as part of Kentucky's application, and any other materials submitted as part of this application or as a supplement thereto.

[81 FR 95483, Dec. 28, 2016]