Governmental Roles and Responsibilities Related to Underground Injection and Induced Seismicity - Induced Seismicity Potential in Energy Technologies - page 99

TABLE 4.3 Status of EPA Regulatory Authority Across the United States

State Program Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia,

Guam, Idaho, Illinois, Kansas, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey,
New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Puerto Rico, Rhode Island, South Carolina, Texas, Utah, Vermont,
Washington, West Virginia, Wisconsin, Wyoming

EPA Program American Samoa, Arizona, Hawaii, Iowa, Kentucky, Michigan, Minnesota,

New York, Pennsylvania, Tennessee, Virgin Islands, Virginia

State/EPA Program Alaska, California, Colorado, Florida, Indiana, Montana, South Dakota

Tribal/EPA Program Fort Peck Tribe, Navajo Nation

SOURCE: EPA; available at water.epa.gov/type/groundwater/uic/Primacy.cfm.

within their state. The EPA remains responsible for issuing permits in states that have
not been delegated primacy and for the UIC programs on most tribal lands. Primacy for
all classes of injection wells does not need to be granted to a state in order for a state to
exercise regulatory authority over a single class of wells. For example, a state may exercise
primacy over only Class II wells and no other class of injection wells. In this case the EPA
would retain jurisdiction over all other well classes within the UIC program except Class II
wells where primacy was delegated to the state. Currently, the EPA has granted primacy
over all classes of injection wells in 33 states and 2 territories. The EPA shares jurisdiction
for injection regulation in 7 states and has complete regulatory authority over underground
injection in 10 states and 2 territories (see Table 4.3).
Primacy allows states to permit facilities, inspect wells, enforce against violations, and
otherwise regulate underground injection activity within the state. States with primacy can
disperse this authority through different state agencies. Some states regulate all classes of
injection wells through one state agency (e.g., the Department of Health and Environment),
and others divide the regulatory authority between several state agencies such as oil and gas
commissions, health departments, and the local divisions of mining. However, regardless of
how jurisdiction is divided, all state regulatory agencies are required to establish regulations
that, at a minimum, conform to the EPA's UIC guidelines, which are outlined in Title 40
of the Code of Federal Regulations (CFR), Part 145. 6
The authority delegated to the EPA by the SDWA is limited to technical issues involv-
ing well bore construction, allowable sources of injected fluid, and operational requirements
such as maximum pressures and periodic testing that protect underground sources of drink-

6 Available at www.access.gpo.gov/nara/cfr/waisidx_02/40cfr145_02.html.