[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR147.52]

[Page 735-736]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 147_STATE UNDERGROUND INJECTION CONTROL PROGRAMS--Table of Contents
 
                            Subpart B_Alabama
 
Sec. 147.52  State-administered program--Hydraulic Fracturing of Coal 
Beds.

    The UIC program for hydraulic fracturing of coal beds in the State 
of Alabama, except those on Indian lands, is the program administered by 
the State Oil and Gas Board of Alabama, approved by EPA pursuant to 
Section 1425 of the SDWA on December 22, 1999 and effective on January 
19, 2000. The Alabama program consists of the following elements, as 
submitted to EPA in the State's program application:
    (a) Incorporation by reference. The requirements set forth in State 
Oil and Gas Board of Alabama Rule 400-4-1-.02, Definitions, and Rule 
400-4-5-.04, Protection of Underground Sources of Drinking Water during 
the Hydraulic Fracturing of Coal Beds, are hereby incorporated by 
reference and made a part of the applicable UIC program under the SDWA 
for the State of Alabama. This incorporation by reference was approved 
by the Director of the Federal Register on January 19, 2000 in 
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be 
obtained at the State Oil and Gas Board of Alabama, 420 Hackberry Lane, 
Tuscaloosa, AL 35489-9780. Copies may be inspected at the Environmental 
Protection Agency, Region 4, Water Management Division, Ground Water/
Drinking Water Branch, Ground Water & UIC Section, Sam Nunn Atlanta 
Federal Center, 61 Forsyth Street, S.W., Room15-T53, Atlanta, GA 30303-
8960, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/

[[Page 736]]

code--of--federal--regulations/ibr--locations.html.
    (b) Addendum One, Underground Injection Control Program, Memorandum 
of Agreement Between the State of Alabama and the USEPA Region 4, signed 
by the Supervisor, Alabama State Oil and Gas Board on December 10, 1999, 
and the Regional Administrator, U.S. Environmental Protection Agency 
Region 4, on December 13, 1999.
    (c) Statement of Legal Authority. ``I hereby certify, pursuant to my 
authority as Attorney General for the State of Alabama and for reasons 
set forth in this statement, that in my opinion, the laws of the State 
of Alabama provide the State Oil and Gas Board (hereinafter referred to 
as ``the Board'') adequate authority to carry out an Underground 
Injection Program for the control of underground injection activity 
related to the hydraulic fracturing of coal beds.'' Opinion by Alabama's 
Attorney General Office, extracted from Letter from R. Craig Kneisel, 
Chief, Environmental Division, Office of the Attorney General, dated 
October 8, 1999, to Dr. Donald F. Oltz, Supervisor, State Oil and Gas 
Board of Alabama, Subject: Attorney General's Statement for Final 
Authorization of Alabama Class II Underground injection Control Program.
    (d) The Program Description for the Regulation of Hydraulic 
Fracturing of Coal Beds As required by 40 CFR 145.23--State Oil and Gas 
Board of Alabama, including Appendices A through F.


[65 FR 2897, Jan. 19, 2000]