40 CFR § 147.2000 - State-administered program—Class I, II, III, IV, and V wells.

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§ 147.2000 State-administered program—Class I, II, III, IV, and V wells.

The UIC program for all classes of wells in Rhode Island, except those on Indian lands, is the program administered by the Rhode Island Department of Environmental Management, approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on August 1, 1984; the effective date of this program is August 15, 1984. This 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 the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Rhode Island. This incorporation by reference was approved by the Director of the Federal Register effective August 15, 1984.

(1) Rhode Island Gen. Laws sections 46–12–1, 46–12–5, and 46–12–28 (Supp. 1983);

(2) “Underground Injection Control Program Rules and Regulations.” State of Rhode Island and Providence Plantations Department of Environmental Management. Division of Water Resources (as received by the Secretary of State, May 21, 1984).

(b) Other laws. The following statutes and regulations although not incorporated by reference, also are part of the approved State-administered program:

(1) Rhode Island General Laws, Section 10–20–1 et seq., entitled “State Environmental Rights”;

(2) Rhode Island General Laws, Section 23–19.1–1 et seq., entitled “Hazardous Waste Management”;

(3) Rhode Island General Laws, Section 42–17.1 et seq., entitled “Department of Environmental Management”;

(4) Rhode Island General Laws, Section 42–35–1 et seq., entitled “Administrative Procedures”;

(5) Rhode Island General Laws, Section 46–12–1 et seq., entitled “Water Pollution”;

(6) Hazardous Waste Management Facility Operating Permit Rules and Regulations—Landfills, at last amended November 2, 1981 (hereinafter referred to as the “Hazardous Waste Regulation”);

(7) Water Quality Regulations for Water Pollution Control, effective November 19, 1981; and

(8) Administrative Rules of Practices and Procedure for Department of Environmental Management, effective November 12, 1980.

(c) (1) The Memorandum of Agreement between EPA Region I and the Rhode Island Department of Environmental Management, signed by the EPA Regional Administrator on March 29, 1984;

(2) Letter from Director, Rhode Island Department of Environmental Management, to Regional Administrator, EPA Region I, amending Section III, C of the Memorandum of Agreement, April 25, 1984.

(d) Statement of legal authority. Letter from Attorney General, State of Rhode Island and Providence Plantations, to Regional Administrator, EPA Region 1, “Re: Attorney General's Statement, Underground Injection Control Program,” January 17, 1984.

(e) The Program Description and any other materials submitted as part of the original application or as supplements thereto.

[49 FR 30699, Aug. 1, 1984, as amended at 53 FR 43090, Oct. 25, 1988]