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 date1 |
|---|---|---|---|
| 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 |
1In 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]
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