[Federal Register: February 25, 2004 (Volume 69, Number 37)]
[Rules and Regulations]
[Page 8565-8569]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe04-11]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[FRL-7623-1]
Revision to the Texas Underground Injection Control Program
Approved Under Section 1422 of the Safe Drinking Water Act and
Administered by the Texas Commission on Environmental Quality
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Today, EPA is amending the Code of Federal Regulations (CFR),
and incorporating by reference (IBR), the revised Underground Injection
Control (UIC) Program for the Texas Commission on Environmental Quality
(TCEQ, formerly the Texas Natural Resources Conservation Commission).
EPA initially approved the Texas UIC program, which is the subject of
this rule, on January 6, 1982. Since approval, the State has had
primary authority to implement the UIC program. The State has made
changes to its EPA approved program and submitted them to EPA for
review. Those changes are the subject of this rule. EPA, after
conducting a thorough review, is hereby approving and codifying the
State program revisions. As required in the Federal UIC regulations,
substantial State UIC program revisions must be approved and codified
in the CFR by a rule signed by the EPA Administrator. The intended
effect of this action is to approve, update and codify the revisions to
the authorized Texas UIC Program and to incorporate by reference the
relevant portions of the revisions in the Code of Federal Regulations.
DATES: This rule is effective on March 26, 2004. The Director of the
Federal Register approves the incorporation by reference contained in
this rule as of March 26, 2004.
FOR FURTHER INFORMATION CONTACT: Mario Salazar,
salazar.mario@epa.gov), Mail Code 4606M, Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460, voice
(202) 564-3894, fax (202) 564-3756. For technical information, contact
Ray Leissner, (leissner.ray@epa.gov) Ground Water/UIC Section (6WQ-SG),
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
TX, 75202-2733, voice (214) 665-7183, fax (214) 665-2191.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities
This action does not impose any regulation on the public, and in
fact there are no entities affected. This action merely approves,
codifies, and incorporates by reference into the Code of Federal
Regulations the revisions to the Texas UIC program previously adopted
by the TCEQ. The rules that are the subject of this codification are
already in effect in Texas under Texas law. The IBR allows EPA to
enforce the State authorized UIC program, if necessary, and to
intervene effectively in case of an imminent and substantial
endangerment to public health and/or USDWs in the State.
II. Background
Section 1421 of the Safe Drinking Water Act (SDWA) requires the
Administrator to promulgate minimum requirements for effective State
programs to prevent underground injection activities which endanger
underground sources of drinking water (USDWs). Section 1422 of SDWA
allows States to apply to the EPA Administrator for authorization of
primary enforcement and permitting authority (primacy) over injection
wells within the State. Section 1422(b)(1)(A) provides that States
shall submit to the Administrator an application that: (1) contains a
showing satisfactory to the Administrator that the State has adopted
and will implement an underground injection control program that meets
the requirements of regulations in effect under Section 1421 of SDWA,
and (2) will keep such records and make such reports with respect to
its activities under its underground injection control program as the
Administrator may require by regulation. Section 1422(b)(1)(B)(2)
requires, after reasonable opportunity for public comment, the
Administrator by rule to approve, disapprove, or approve in part, the
State UIC program.
EPA's approval of primacy for the State of Texas for underground
injection into Class I, III, IV, and V wells, to be implemented by the
Texas Water Commission, was published on January 6, 1982 (47 FR 618),
and became effective on February 7, 1982.
On January 26, 1982, the Governor of the State of Texas requested
approval of a complimentary program for Class II (oil and gas related)
wells, under Section 1425 of SDWA, to be implemented by the Texas
Railroad Commission (RRC). In addition to wells commonly classified as
Class II in the UIC program, the request included two well types
considered Class V wells: geothermal return and in situ
[[Page 8566]]
combustion of coal wells. The UIC program implemented by the RRC,
including Class V geothermal return and in situ combustion of coal
wells, was approved by EPA on April 23, 1982 (47 FR 17488) and became
effective 30 days later.
In 1985, the 69th Texas Legislature enacted legislation that
transferred jurisdiction over Class III brine mining wells from the
Texas Water Commission, now the Texas Commission on Environmental
Quality (TCEQ), to the RRC. Therefore, two types of Class V wells,
geothermal return and in situ combustion of coal, as well as Class III
brine mining wells, are not included in the UIC program implemented by
the TCEQ. The elements of the State's primacy application, originally
approved by EPA and published in the Federal Register on January 6,
1982, submitted through the Texas Department of Water Resources, a
predecessor to the TCEQ, \1\ were codified in Title 40 of the Code of
Federal Regulations, at 40 CFR 147.2200. These regulations were last
updated on March 6, 1991 (56 FR 9408).
---------------------------------------------------------------------------
\1\ On September 1, 2002, the Texas Natural Resources
Conservation Commission (TNRCC) changed its name to the Texas
Commission on Environmental Quality (TCEQ). None of the duties of
the Agency were changed or transferred. The proposal to approve the
revisions to the UIC program in Texas mentioned in this document and
published in the Federal Register on November 8, 2001 (66 FR 56496--
56503) had the former name of the Agency (TNRCC). References to the
TCEQ include actions that could have been done by one of its
predecessors.
---------------------------------------------------------------------------
After EPA's initial approval of the UIC program in 1982, TCEQ
predecessors revised the program several times. The revisions included
regulation changes, for which Texas was required by Sec. 145.32 to
obtain approval from EPA, and three name changes.
On June 17, 1996, Mr. Richard Lowerre of the law firm of Henry,
Lowerre, Johnson, Hess and Fredrick, acting on behalf of his clients
(``Petitioners''), filed a petition for partial withdrawal of program
approval for the Texas UIC program. Mr. Lowerre represented the
Environmental Defense Fund (EDF, now Environmental Defense, ED) and
later the Oil and Chemical Association of Workers (OCAW, now Paper,
Allied Industrial, Chemical and Energy Workers Union, PACE). The
petition informed EPA of the Petitioners' intent to sue under sections
1422 and 1449 of SDWA and EPA rules at 40 CFR Part 135, Subpart B. The
petition alleged that, due to changes made by the Texas Legislature to
environmental statutes and the implementation of those changes, TCEQ's
UIC program no longer met the Federal requirements for primacy for the
UIC program. The petition identified specific elements of TCEQ's UIC
program that formed the basis for EDF's request to EPA to withdraw
approval of TCEQ's UIC program. These included: inadequate enforcement
authority due to recently passed audit privilege \2\ and takings \3\
laws, inadequate public participation in enforcement activities,
inadequate public participation in permitting decisions and inadequate
opportunities for judicial review of permit decisions made by TCEQ.
Over the course of the resolution of the petition, additional issues
were raised by the Petitioners that were not included in the original
petition. All these issues were satisfactorily resolved through
negotiations with Petitioners.
---------------------------------------------------------------------------
\2\ Audit privilege laws were conceived originally as a way for
operators to perform self audits and correct problems. In some
cases, these laws can have the effect of keeping all records of a
violation sealed if the offender voluntarily corrects the violation.
This might be inconsistent with public participation requirements
under the minimum standards for States' UIC programs.
\3\ These laws generally require the State to compensate private
companies or individuals for any significant damage caused by
regulatory actions. Such laws may limit the State's ability to
regulate and take enforcement action.
---------------------------------------------------------------------------
On August 14, 1998, TCEQ submitted a complete UIC program revision
application package. Over the course of the review of this package, EPA
received comments on the submission from the Petitioners, including
numerous additional issues relating to past and present UIC program and
legislative activities. EPA comments given to the TCEQ included issues
raised by Petitioners, as well as issues identified by EPA. TCEQ
submitted two application revision supplements in response to EPA
comments.
Issues raised by the Petitioners related to aspects of Texas' UIC
program implementation. For those issues, a negotiated agreement was
reached between EPA, Texas, and Petitioners. In exchange for additional
reporting by TCEQ and oversight by EPA, the Petitioners withdrew their
petition for withdrawal of program authorization in August 2000 and
agreed not to contest this program revision. With resolution of the
petition issues and EPA's comments, there were no unresolved issues
that warranted EPA disapproval of this program revision application.
Specific details on the Petitioners' issues and their resolution can be
found in the Federal Register proposal dated November 8, 2001 (66 FR
56496--56503), and are also available from Ray Leissner of EPA Region 6
Offices at (214) 665-7183 or leissner.ray@epa.gov.
The proposed revisions to implement the regulatory changes called
for in the agreement with Petitioners were published in the August 8,
1997,\4\ edition of the Texas Register. The regulatory actions included
adoption of rule changes in 30 TAC, Chapter 55, Subchapter B, section
52.25, repeal of 30 TAC, section 305.106 to avoid duplication of the
new rules, and adoption of new rules at 30 TAC, Chapter 80, Subchapters
C and F, sections 80.105-80.257. These final changes were published in
the Texas Register on November 21, 1997, effective December 1, 1997.
---------------------------------------------------------------------------
\4\ Note that the regulatory changes published in 1997 were not
contested by Petitioners. The issues still remaining in 1997 were
not regulation related. Those issues were finally resolved in 2000.
---------------------------------------------------------------------------
EPA published its proposed decision to approve and codify these
revisions in the Federal Register on November 8, 2001 (66 FR 56496-
56503), and in five major newspapers within the State. The proposal
provided the public the opportunity to comment and request a hearing.
No comments or requests for hearing were received.
The changes to 40 CFR 147.2200, promulgated in today's rule differ
from the proposal only in formatting. There was also a name change for
the Texas UIC Agency for Class I, III, IV and V, from Texas Natural
Resources Conservation Commission (TNRCC) to the Texas Commission on
Environmental Quality (TCEQ). The Agency duties did not change, only
the name.
Today's action approves, codifies, and incorporates by reference
those revisions submitted by the TCEQ to the Class I, III, IV and V
portions of the State's UIC program originally approved under section
1422 of SDWA in 1982.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
[[Page 8567]]
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et. seq.
It does not impose any information collection, reporting, or record-
keeping requirements. It merely approves, codifies, and incorporates by
reference State revisions to its EPA approved UIC program.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9, and 48 CFR Chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an Agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the Agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, we defined small entities as (1) a small business based on
Small Business Administration (SBA) size standards; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population less than 50,000;
and (3) a small organization that is any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
merely approves, codifies, and incorporates by reference into 40 CFR
Part 147 the revisions to the Texas program regulations already adopted
and implemented by the State of Texas ensuring the protection of
underground sources of drinking water. Codification of these revisions
does not result in additional regulatory burden to or directly impact
small businesses in Texas.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written Statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, it must have developed under section 203 of the UMRA a
small government Agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or Tribal
governments or the private sector because the rule imposes no
enforceable duty on any State, local or Tribal governments or the
private sector. This final rule only approves the State's UIC
regulations as revised and in effect in the State of Texas. Thus
today's rule is not subject to the requirements of sections 202 and 205
of UMRA. For the same reason, EPA has determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments. Thus, today's rule is not subject to
the requirements of section 203 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the State, on the relationship
between the national government and the State, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule merely approves and
codifies regulations already adopted and implemented by the State of
Texas ensuring the protection of underground sources of drinking water.
This codification revises the existing federally approved Texas UIC
program, described at 40 CFR 147.2200, to reflect current statutory,
regulatory, and other key programmatic elements of the program. Thus,
[[Page 8568]]
Executive Order 13132 does not apply to this rule. Although Executive
Order 13132 does not apply to this rule, extensive consultation between
EPA and the State of Texas went into revising the UIC regulations. The
proposal published in the Federal Register on November 8, 2001 (66 FR
56496-56503) provides a detailed description of the consultations that
took place in preparation of the Texas UIC regulations which are the
subject of this codification. In addition, in the spirit of Executive
Order 13132, and consistent with EPA policy to promote communications
between EPA and State and local governments, EPA specifically solicited
comment on the proposed rule from State and local officials.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop ``an accountable process to ensure meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have Tribal implications. It will not have
substantial direct effects on Tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
The UIC program for Indian lands is separate from the State of Texas
UIC program. The UIC program for Indian lands in Texas is administered
by EPA and can be found at 40 CFR 147.2205 of the Code of Federal
Regulations. Thus, Executive Order 13175 does not apply to this rule.
Nevertheless, in the spirit of Executive Order 13175, and consistent
with EPA policy to promote communications between EPA and Tribal
governments, EPA specifically solicited comment on the proposed rule
from Tribal officials in its notice published in the Federal Register
on November 8, 2001 (66 FR 56496-56503) and in five major newspapers
within the State.
G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) is determined to be ``economically significant''
as defined under E.O. 12866, and (2) concerns an environmental health
or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866.
Further, it does not concern an environmental health or safety risk
that EPA has reason to believe may have a disproportionate risk to
children.
H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, Section 12(d), (15 U.S.C.
272 note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) that are developed or adopted
by voluntary consensus standards bodies. The NTTAA directs EPA to
provide to Congress, through the Office of Management and Budget (OMB),
explanations when EPA decides not to use available and applicable
voluntary consensus standards.
This rulemaking does not involve technical standards. Therefore,
EPA did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations or Low-Income Populations
Executive Order 12898 establishes a Federal policy for
incorporating environmental justice into Federal agency missions by
directing agencies to identify and address disproportionately high and
adverse human health or environmental effects of its programs,
policies, and activities on minority and low-income populations. This
rule does not affect minority or low income populations.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on March 26, 2004.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indians-
lands, Intergovernmental relations, Reporting and recordkeeping
requirements, Water supply.
Dated: February 9, 2004.
Michael O. Leavitt,
Administrator.
0
For the reasons set out in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is amended as follows:
PART 147--STATE UNDERGROUND INJECTION CONTROL PROGRAMS
0
1. The authority citation for part 147 continues to read as follows:
Authority: 42 U.S.C. 300h; and 42 U.S.C. 6901 et seq.
Subpart SS--Texas
0
2. Section 147.2200 is revised to read as follows:
[[Page 8569]]
Sec. 147.2200 State-administered program--Class I, III, IV, and V
wells.
The UIC program for Class I, III, IV, and V wells in the State of
Texas, except for those wells on Indian lands, Class III brine mining
wells, and certain Class V wells, is the program administered by the
Texas Commission on Environmental Quality approved by EPA pursuant to
section 1422 of the Safe Drinking Water Act (SDWA). Notice of the
original approval for Class I, III, IV, and V wells was published in
the Federal Register on January 6, 1982 and became effective February
7, 1982. Class V geothermal wells and wells for the in situ combustion
of coal are regulated by the Rail Road Commission of Texas under a
separate UIC program approved by EPA and published in the Federal
Register on April 23, 1982. A subsequent program revision application
for Class I, III, IV, and V wells, not including Class III brine mining
wells, was approved by the EPA pursuant to section 1422 of SDWA. Notice
of this approval was published in the Federal Register on February 25,
2004; the effective date of these programs is March 26, 2004. The
program for Class I, III, IV, and V wells, not including Class III
brine mining wells, consists of the following elements as submitted to
the EPA in the State's revised program applications.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made part of the applicable UIC program
under SDWA for the State of Texas. 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 materials that are
incorporated by reference in this paragraph are available from the
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington DC or at EPA Region VI, 1445 Ross Avenue, Dallas, TX
75202.
(1) Texas Statutory and Regulatory Requirements Applicable to the
Underground Injection Control Program for Class I, III, IV, and V
Wells, except for Class III Brine Mining Wells, March 2002.
(2) [Reserved]
(b) Other laws. The following statutes and regulations, as
effective on March 31, 2002, although not incorporated by reference
except for any provisions identified in paragraph (a) of this section,
are also part of the approved State-administered UIC program.
(1) Class I, III, IV, and V wells. (i) Title 30 of the Texas
Administrative Code Chapters 39, 50, 55, 80, and 281.
(ii) Vernon's Texas Codes Annotated, Water Code, Chapters 5, 7, 26,
and 32, Health and Safety Code Section 361, Government Code (ORA)
Chapter 552 and Government Code (APA) Chapter 2001.
(2) [Reserved]
(c) Memorandum of Agreement--(1) Class I, III, IV, and V wells. The
Memorandum of Agreement between EPA Region VI and the Texas Natural
Resource Conservation Commission a predecessor to the Texas Commission
on Environmental Quality (TCEQ), revised March 23, 1999, and signed by
the EPA Regional Administrator on October 23, 2001.
(2) [Reserved]
(d) Statement of legal authority--(1) Class I, III, IV, and V
wells. ``State of Texas Office of Attorney General Statement for Class
I, III, IV, and V Underground Injections Wells,'' signed by the
Attorney General of Texas, June 30, 1998.
(2) [Reserved]
(e) Program Description--(1) Class I, III, IV, and V wells. The
Program Description and any other materials submitted as part of the
revision application or as supplements thereto.
(2) [Reserved]
[FR Doc. 04-3222 Filed 2-24-04; 8:45 am]
BILLING CODE 6560-50-P