No. 40456 (5-year Review): Rule R317-7. Underground Injection Control (UIC) Program

DAR File No.: 40456
Filed: 05/31/2016 02:41:18 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Underground Injection Control (UIC) rules for state programs are federally mandated by 40 CFR 145.11(b), as a result of the federal Safe Drinking Water Act (SDWA). If a state does not obtain and maintain primacy to enforce UIC rules at least equivalent to the federal rules, then the Environmental Protection Agency (EPA) will enforce the federal rules in that state using direct implementation procedures. The Utah Water Quality Board promulgated the Utah UIC rules under the authority of Section 19-5-104 of the Water Quality Act which allows rules to be made in order to protect drinking water sources.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The date of the last substantive amendment to this rule was 09/24/2013. This has not been a controversial rule. No comments have been received either supporting or opposing the rule since the last five-year review nor during the 09/24/2013 amendment process.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is required to maintain state primacy for administering Utah's UIC Program. If Utah does not obtain and maintain primacy to enforce UIC rules at least equivalent to the federal rules, then the EPA will enforce the federal rules using direct implementation procedures. In promulgating the rule, the Water Quality Board made the determination that the UIC Program is best administered at the state level. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at [e-mail]

Effective:

05/31/2016

Authorized by:

Walter Baker, Director

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