(f)	The Department may order special tests to be conducted prior to the
expiration of five years if conditions are believed to so warrant. Any
such special test which demonstrates

continued mechanical integrity of a well shall be considered the
equivalent of an initial test for test scheduling purposes, and the
regular five -year testing schedule shall be applicable thereafter.

(g)	The injection well operator shall advise the Department of the date
and the time of that initial, a five-year, or special tests are to
commence in order that such tests may be witnessed.

(h)	Injection pressure at the wellhead shall not exceed a maximum which
shall be calculated so as to assure that the pressure during injection
does not initiate new fractures or propagate existing fractures in the
confining zone adjacent to USDWs. In no case shall injection pressure
cause the movement of injection or formation fluids into USDWs.

(i) 	Injection between the outermost casing protecting USDWs and the
well bore is prohibited.

(6) 	Monitoring Requirements

(a) 	Class II wells shall be so equipped that the flow rate, injection
pressure and annular pressure can  be determined at any time for each
well.

(b) 	The permittee shall monitor the nature of injected fluids at time
intervals sufficiently frequently to yield data representative of their
characteristics;

(c)	The permittee shall make observation of injection pressure, flow
rate, and cumulative volume at least daily.

(d) 	The results of all monitoring shall be maintained by the operator
and made available to the Department upon request.

(e) 	The Department may grant administrative exception to the
requirement set forth in paragraph (c), of this subsection.

(f)	Hydrocarbon storage and enhanced recovery may be monitored on a
field or project basis rather than on an individual well basis by
manifold monitoring.  Manifold monitoring may be used in cases of
facilities consisting of more than one injection well, operating with a
common manifold.  Separate monitoring systems for each well are not
required provided the owner/operator demonstrates that manifold
monitoring is comparable to individual well monitoring.

(g)	Monitoring requirements shall, at a minimum, include:

1	 Monitoring of the nature of injected fluids at time intervals
sufficiently frequent to yield data representative of their
characteristics;

2.	Observation of injection pressure, flow rate, and cumulative volume
at least with the following frequencies:

(i)	Weekly for produced fluid disposal operations;

(ii)	Monthly for enhanced recovery operations;

(iii)	Daily during the injection of liquid hydrocarbons and injection
for withdrawal of stored hydrocarbons;

(iv)	Daily during the injection phase of cyclic steam operations; and

(v)	Recording of one observation of injection pressure, flow rate and
cumulative volume at reasonable intervals no greater than 30 days.

3.	 Maintenance of the results of all monitoring until the next permit
review.

1200—4—6—.12 Class III Wells.

3.	The mechanical integrity of the injection well system shall be
examined and evaluated at least once every three years. The methods and
procedures to be used shall be subject to review by the Department.

Notify Owners And Operators Of Injection Wells Of The Requirement That
They Apply For And Obtain A Permit.

The State has conducted public hearings and provided assistance to
participants with Class V authorization applications for  in Jackson,
Martin, Murfreesboro, Chattanooga, Knoxville, Johnson City, Cookeville,
and Columbia.  The State also published notice of the rule changes in
major newspapers in Knoxville, Memphis, Nashville, Kingsport, Jackson,
Johnson City, and Chattanooga see Public Hearing Participation
Opportunities for Primacy section.  The State also placed notice in the
Tennessee Administrative Register as well as the Tennessee Environmental
Law Letter, newsletters for the five Tennessee branches of the American
Society of Civil Engineering, the Tennessee Association Business,
Tennessee Association of Utility Districts and the Tennessee Municipal
League.  In addition letters were mailed out to over 100 chambers of
commerce across the state.  All of this was done in order to notify the
owners/operators of Class V and potential Class V wells of the following
requirements:

1200—4—6—.07 Permit Required.

(1)	Except for exclusions specified in paragraph 1200—4—6—.03(3),
all injection wells and activities must be authorized by permit or by
rule.

(2)	For new injection wells, a permit must be obtained before
construction commences, unless the injection is authorized by rule as
described in paragraph 1200—4—6—.14(2).

(3)	The owner or operator of an existing Class II or III injection well
shall complete, sign and submit to the Department an application for
permit in conformance with this Chapter within six (6) months from the
date of approval of these Rules.  The owner or operator must demonstrate
to the satisfaction of the Department that the existing well complies
with all applicable Rules of this Chapter.

(4)	Continued injection into existing Class V Wells is authorized by
virtue of this rule provided compliance with rule 1200-4-6-.05(1) and
any other applicable rules of this Chapter are maintained.
Owners/operators of existing Class V wells that fail to maintain
compliance shall immediately cease operation and submit an application.
Owners/operators of all existing Class V wells shall submit an
application within the appropriate time frame for each grand division as
specified in this rule.  Within six (6) months of the effective date of
this rule, owner/operators of injection wells within the Western Grand
Division must submit an application. Within twelve (12) months of the
effective date of this rule, owner/operators of injection wells within
the Central Grand Division must submit an application.   Within eighteen
(18) months of the effective date of this rule, owner/operators of
injection wells within the Eastern Grand Division must submit an
application.  If an application for an existing Class V well is not
submitted within the specified timeframe, the owner/operator shall be
subject to an application fee for a new well as specified in
1200-4-6-.18(1).

Due to the limited number of applications for Class I facilities the UIC
program hand delivers copies of all Class I applications or permits to
the local oil and gas board housed in the Division of Water Pollution
Control.  Also a copy of any Class I permit will be made available to
local governments where the facility is located.

Due to the limited number of Class II facilities located in the State
all existing Federal Applicants holding active Class II permits in
Tennessee will receive written correspondence explaining the process of
applying for the State permit.  The mail out will be done in conjunction
with the Tennessee Oil and Gas Association (TOGA) and the Tennessee
Division of Water Pollution Control databases.

The Tennessee Administrative Procedures Act requires that all notices
shall be as follows:

4-5-202. When hearings required.

(a)	 An agency shall precede all its rulemaking with notice and a public
hearing unless:

(3)	 The proposed rule is published in the notice section of the
secretary of state's monthly administrative register, together with a
statement to the effect that the agency will adopt the proposed rule
without public hearing thereon unless within thirty (30) days after the
actual publication date of the proposed rule, as evidenced by the date
of mailing placed on the monthly register containing the rule by the
secretary of state or the secretary of state's designee, it is
petitioned for a public hearing on the proposal by twenty-five (25)
persons who will be affected by the rule, a municipality which will be
affected by the rule, an association of twenty-five (25) or more
members, or by a majority vote of any standing committee of the general
assembly. If the agency receives such a petition, it shall not proceed
with the proposed rulemaking until it has given notice and held a
hearing as prescribed herein.

Authority Of The Director To Authorize Injections

In the Tennessee Water Quality Act the Director has the authority to
require the following:

 69-3-114       (a)	It shall be unlawful for any person to discharge any
substance into the waters of the state or to place or cause any
substance to be placed in any location where such substances, either by
themselves or in combination with others cause any of the damages as
defined in T.C.A. 69-3-103(22), unless such discharge shall be due to an
unavoidable accident or unless such action has been properly authorized.
Any such action is declared to be a public nuisance.

  The Water Quality Act (69-3-101 et al) grants, the Commissioner or his
designee (the Director) the authority to require permits to discharge
and thus allow the Director the authority to authorize injections.  The
Underground Injection Control Regulations (1200-4-6 et. al.) as
promulgated under the Water Quality Control Act regulate these
injections as follows:

	1200—4—6—.03  Injection Prohibited.

(1)	Unless excluded under Subsection (3), the construction of an
injection well, the conversion of a well into an injection well, and the
use or operation of an injection well is prohibited unless authorized by
an injection well permit or by rule of the Department.

1200—4—6—.04 Prevention of Pollution of Ground Water and
Identification of Underground Sources of Drinking Water and Exempted
Aquifers.

(1)	No owner or operator shall construct, operate, maintain, convert,
plug, abandon, or conduct any other injection activity in a manner that
allows the movement of fluid containing any contaminant into underground
sources of drinking water, if the presence of that contaminant may cause
a violation of any primary drinking water regulation or may otherwise
adversely affect the health of persons.  The applicant for a permit
shall have the burden of showing that the requirements of this paragraph
are met.

(2)	For Class I, II and III wells, if any water quality monitoring of an
underground source of drinking water indicates the movement of any
contaminant into the underground source of drinking water, except as
authorized under this Rule, the Commissioner shall prescribe such
additional requirements for construction, corrective action, operation,
monitoring, or reporting (including closure of the injection well) as
are necessary to prevent such movement.  In the case of wells authorized
by permit, the Commissioner may impose additional requirements by
modifying the permit in accordance with Rule 1200-04-06-.08(8) or may
terminate the permit in accordance with Rule 1200-04-06-.08(9).
Additionally, the Commissioner may assess civil penalties for all permit
or rule violations in accordance with T.C.A § 69-3-115.

(3)	For class V wells, if at any time the Commissioner learns that a
Class V well may cause a violation of primary drinking water regulations
he or she shall:

(a)	Require the injector to obtain an individual permit; and/or

(b)	Order the injector to take such actions (including, where required,
closure of the injection well) as may be necessary to prevent the
violation.

(c)	Take enforcement action.

(4)	Whenever the Commissioner learns that a Class V well may be
otherwise adversely affecting the health of persons, he or she may
prescribe such actions as may be necessary to prevent the adverse
effect, including any action authorized under paragraph (3) of this Rule
and assess civil penalties in accordance with T.C.A § 69-3-115.

(5)	Notwithstanding any other provision of this rule, the Commissioner
may take emergency action upon receipt of information that a contaminant
which is present in or likely to enter a public water system or
underground source of drinking water may present an imminent and
substantial endangerment to the health of persons. The Commissioner must
first determine that local authorities have not taken appropriate action
to protect the health of such persons, before taking emergency action.

(6)	Identification of Underground Sources of Drinking Water

(a)	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and shall protect, except where
exempted under subparagraph (b) of this paragraph, as an underground
source of drinking water, all aquifers or parts of aquifers which meet
the definition of an “underground source of drinking water'' in Rule
1200-04-06-.02. Even if an aquifer has not been specifically identified
by the commissioner, it is an underground source of drinking water if it
meets the definition in Rule 1200-04-06-.02.

(b)	1.	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and describe in geographic and/or
geometric terms (such as vertical and lateral limits and gradient) which
are clear and definite, all aquifers or parts thereof which the
Commissioner proposes to designate as exempted aquifers using the
criteria in paragraph (7) of this Rule.

2.	No designation of an exempted aquifer submitted as part of a UIC
Program shall be final until approved by the EPA Administrator.

3 	Subsequent to program approval or promulgation by the EPA, the
Commissioner may, after notice and opportunity for a public hearing,
identify additional exempted aquifers.

(i)	Exemption of aquifers identified under subparagraph (7)(b) of this
Rule shall be treated as a program revision under 40 CFR 145.32.

(Note: 40 CFR 145.32 provides that:

 (a)	Either EPA or the approved State may initiate program revision.
Program revision may be necessary when the controlling federal or state
statutory or regulatory authority is modified or supplemented. The state
shall keep EPA fully informed of any

proposed modifications to its basic statutory or regulatory authority,
its forms, procedures, or priorities.

(b)	Revision of a state program shall be accomplished as follows:

(1)	The state shall submit a modified program description, Attorney
General's statement, Memorandum of Agreement, or such other documents as
EPA determines to be necessary under the circumstances.

(2)	Whenever EPA determines that the proposed program revision is
substantial, EPA shall issue public notice and provide an opportunity to
comment for a period of at least 30 days. The public notice shall be
mailed to interested persons and shall be published in the Federal
Register and in enough of the largest newspapers in the state to provide
statewide coverage. The public notice shall summarize the proposed
revisions and provide for the opportunity to request a public hearing.
Such a hearing will be held if there is significant public interest
based on requests received.

(3)	The Administrator shall approve or disapprove program revisions
based on the requirements of this part and of the Safe Drinking Water
Act.

(4)	A program revision shall become effective upon the approval of the
Administrator. Notice of approval of any substantial revision shall be
published in the Federal Register. Notice of approval of non-substantial
program revisions may be given by a letter from the Administrator to the
State Governor or his designee.)

(ii)	Exemption of aquifers identified under subparagraph (7)(c) of this
Rule shall become final if the Commissioner submits the exemption in
writing to the EPA Administrator and the EPA Administrator has not
disapproved the designation within 45 days.  Any disapproval by the EPA
Administrator shall state the reasons and shall constitute final Agency
action for purposes of judicial review.

(c)	1. 	For Class III wells, the Commissioner shall require an applicant
for a permit which necessitates an aquifer exemption under part (7)(b)1
of this Rule to furnish the data necessary to demonstrate that the
aquifer is expected to be mineral or hydrocarbon producing.  Information
contained in the mining plan for the proposed project, such as a map and
general description of the mining zone, general information on the
mineralogy and geochemistry of the mining zone, analysis of the
amenability of the mining zone to the proposed mining method, and a
time-table of planned development of the mining zone shall be considered
by the Commissioner in addition to the information required.

2.	For Class II wells, a demonstration of commercial producibility shall
be made as follows:

(i)	For a Class II well to be used for enhanced oil recovery processes
in a field or project containing aquifers from which hydrocarbons were
previously produced, commercial producibility shall be presumed by the
Commissioner upon a demonstration by the applicant of historical
production having occurred in the project area or field; and

(ii)	For Class II wells not located in a field or project containing
aquifers from which hydrocarbons were previously produced, information
such as logs, core data, formation description, formation depth,
formation thickness and formation parameters such as permeability and
porosity shall be considered by the Commissioner, to the extent such
information is available.

(7)	Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an
“underground source of drinking water'' may be determined to be an
“exempted aquifer'' if it meets the following criteria:

(a)	It does not currently serve as a source of drinking water; and

(b)	It cannot now and will not in the future serve as a source of
drinking water because:

1.	It is mineral, hydrocarbon or geothermal energy producing, or can be
demonstrated by a permit applicant as part of a permit application for a
Class II or III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially
producible;

2.	It is situated at a depth or location which makes recovery of water
for drinking water purposes economically or technologically impractical;

3.	It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or

4.	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse;

or

(c)	The total dissolved solids content of the ground water is more than
3,000 and less than 10,000 mg/l and it is not reasonably expected to
supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.07 Permit Required.

(1)	Except for exclusions specified in paragraph 1200—4—6—.03(3),
all injection wells and activities must be authorized by permit or by
rule.

(2)	For new injection wells, a permit must be obtained before
construction commences, unless the injection is authorized by rule as
described in paragraph 1200—4—6—.14(2).

(3)	The owner or operator of an existing Class II or III injection well
shall complete, sign and submit to the Department an application for
permit in conformance with this Chapter within six (6) months from the
date of approval of these Rules.  The owner or operator must demonstrate
to the satisfaction of the Department that the existing well complies
with all applicable Rules of this Chapter.

(4)	Continued injection into existing Class V Wells is authorized by
virtue of this rule provided compliance with rule 1200-4-6-.05(1) and
any other applicable rules of this Chapter are maintained.
Owners/operators of existing Class V wells that fail to maintain
compliance shall immediately cease operation and submit an application.
Owners/operators of all existing Class V wells shall submit an
application within the appropriate time frame for each grand division as
specified in this rule.  Within six (6) months of the effective date of
this rule, owner/operators of injection wells within the Western Grand
Division must submit an application. Within twelve (12) months of the
effective date of this rule, owner/operators of injection wells within
the Central Grand Division must submit an application.   Within eighteen
(18) months of the effective date of this rule, owner/operators of
injection wells within the Eastern Grand Division must submit an
application.  If an application for an existing Class V well is not
submitted within the specified timeframe, the owner/operator shall be
subject to an application fee for a new well as specified in
1200-4-6-.18(1).

(5)	The Department may require the owner or operator of a Class V
injection well authorized by rule to apply for and obtain an injection
well permit. Cases for which a permit may be required include:

(a)	The injection well is not in compliance with the standards required
by this Chapter.

(b)	Compliance with standards in addition to those listed in this
Chapter is required to protect USDWs from pollution.

(6)	Reserved.

(7)	Class V wells utilizing innovative or experimental technologies, may
not be authorized by rule, but only by a permit.  The permit shall
require a surety bond.

(8)	Emergency permits.

(a)	Coverage.  Notwithstanding any other provision of this Rule the
Commissioner may temporarily permit a specific underground injection if:

1.	An imminent and substantial endangerment to the health of persons
will result unless a temporary emergency permit is granted, provided the
injection will not result in the movement of fluids into underground
sources of drinking water; or

2.	(i)	A substantial and irretrievable loss of oil or gas resources will
occur unless a temporary emergency permit is granted to a Class II well;
and

(ii)	Timely application for a permit could not be practically made; and

(iii)	The injection will not result in the movement of fluids into
underground sources of drinking water; or

3.	A substantial delay in production of oil or gas resources will occur
unless a temporary emergency permit is granted to a new Class II well
and the temporary authorization will not result in the movement of
fluids into an underground source of drinking water.

(b)	Requirements for issuance.

1.	Any temporary permit under part (a)1 of this paragraph shall be for
no longer term than required to prevent the hazard.

2.	Any temporary permit under part (a)2 of this paragraph shall be for
no longer than 90 days, except that if a permit application has been
submitted prior to the expiration of the 90-day period, the Commissioner
may extend the temporary permit until final action on the application.

3.	Any temporary permit under part (a)3 of this paragraph shall be
issued only after a complete permit application has been submitted and
shall be effective until final action on the application.

4.	Notice of any temporary permit under this paragraph shall be
published in accordance with paragraph (7) of Rule 1200-04-06-.08 within
ten days of the issuance of the permit.

5.	The temporary permit under this paragraph may be either verbal, or
written.  If verbal authorization, it must be followed within 5 calendar
days by a written temporary emergency permit.

6.	The Commissioner shall condition the permit in any manner he or she
determines is necessary to ensure that the injection will not result in
the movement of fluids into an underground source of drinking water.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.08 Authorization By Permit For Injection Wells Not
Authorized By Rule.

(1)	Permit Application — All permit applicants for injection wells not
authorized by rule shall provide the following information to the
Department, using a form provided by the Department:

(a)	The activities conducted by the applicant which require it to obtain
a UIC permit.

(b)	Name, mailing address, and location of the facility for which the
application is submitted.

(c)	Up to four North American Industry Classification System (NAICS)
codes which best reflect the principal products or services provided by
the facility.

(d)	The operator’s name, address, telephone number, ownership status,
and status as Federal, State, private, public, or other entity.

(e)	Whether the facility is located on Indian lands.

(f)	A listing of all permits or construction approvals received or
applied for under any of the following programs:

1.	Hazardous Waste Management program under federal or state law.

2.	UIC program under federal or state law.

3.	NPDES program under federal or state law.

4.	Prevention of Significant Deterioration (PSD) program under federal
or state law.

5.	Nonattainment program under federal or state law.

6.	National Emission Standards for Hazardous Pollutants (NESHAPS)
preconstruction approval under federal or state law.

7.	Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act.

8.	Dredge and fill permits under section 404 of the Clean Water Act, 33
U.S.C. Section 1344.

9.	Other relevant environmental permits.

(g)	A topographic map (or other map if a topographic map is unavailable)
extending one mile beyond the property boundaries of the source
depicting the facility and each of its intake and discharge structures;
each of its hazardous waste treatment, storage, or disposal facilities;
each well where fluids from the facility are injected underground; and
those wells, springs, surface water bodies, and drinking water wells
listed in public records or otherwise known to the applicant within a
quarter mile of the facility property boundary.

(h)	A brief description of the nature of the business.

(2)	A permit application will be processed when:

(a)	A completed application form, all information required by these
Rules and any supplemental information, as may be required, is submitted
to the Department. The application shall identify (by narrative
description, illustrations, maps, or other suitable means) and describe
by geographic or geometric terms (including lateral and vertical limits
and gradients) the area intended to be used as an injection zone.

(b)	The feasibility requirements that apply to the proposed injection
well have been satisfied.

(3)	Duration of permits.

(a)	Permits for Class I and V wells and authorizations for Class V wells
shall be effective for a fixed term not to exceed five (5) years.
Permits for Class II and III wells may be issued for a period up to the
operating life of the facility. Each Class II or III well permit shall
be reviewed at least once every five (5) years to determine whether it
should be modified, revoked and reissued, or revoked as provided in
Paragraphs 1200—4—6—.08(7) and (8).

(b)	Except as provided by the Uniform Administrative Procedures Act,
T.C.A. §§4—5—101 et seq., the term of a permit shall not be
extended by modification beyond the maximum duration specified in this
rule.

(c)	The Department may issue any permit for a duration that is less than
the full allowable term under this rule.

(4)	Schedules of compliance

(a)	The permit may when appropriate specify a schedule of compliance.

(b)	Time for compliance. Any schedule of compliance shall require
compliance as soon as possible but in no case later than three (3) years
after the effective date of the permit.

(c)	Interim dates. Except as provided in this section, if a permit
establishes a schedule of compliance which exceeds one (1) year from the
date of permit issuance, the schedule shall set forth interim
requirements and the dates for their achievements.

1.	The time between interim dates shall not exceed one (1) year.

2.	If the time necessary for completion of any interim requirement (such
as the construction of a control facility) is more than one (1) year and
is not readily divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected
completion date.

(d)	Reporting. Progress reports shall be submitted no later than thirty
(30) days following each interim date and the final date of compliance.

(5)	Effect of a permit

(a)	A permit may be revoked, suspended or modified during its term for
cause, under T.C.A. §69-3-108(f).

(b)	The issuance of a permit does not convey any property rights of any
sort, or any exclusive privilege.

(c)	The issuance of a permit does not authorize any injury to persons or
property or invasion of other property rights, or any infringement of
other State, Federal or local laws or regulations. In particular, the
issuance of a permit does not relieve a  Class I, Class  IV or Class V
well permittee from any applicable requirement he may be subject to
under the Tennessee Hazardous Waste Management Act (T.C.A. 6—46—101
et. seq.)

(6)	Transfer of permits—A permit may be transferred by the permittee
to a new owner or operator if the permit has been modified or revoked
and reissued or a minor modification made.

(7)	Public notice of permit actions and public comment period.

(a)	Scope. The Department shall give public notice that the following
actions have occurred:

1.	A draft permit has been prepared. A draft permit shall contain:

				(i)	All permit conditions;

(ii)	All compliance schedules for corrective action; and

				(iii)	All monitoring requirements.

(b)	Upon request, the Department shall send to the requestor copies of
the foregoing documents.

(c)	Timing

1.	Public notice of the preparation of a draft permit shall allow at
least thirty (30) days for public comment.

2.	Public notice of a public hearing shall be given at least thirty (30)
days before the hearing. (Public notice of the hearing may be given at
the same time as public notice of the draft permit and the two notices
may be combined.)

(d)	Methods.  Public notices of permit actions shall be given by the
following methods:

1.	By mailing a copy of a notice to the following persons (any person
otherwise entitled to receive notice under this paragraph may waive his
or her rights to receive notice for any classes and categories of
permits):

				(i)	the applicant;

(ii)	any other agency which the Department knows has issued or is
required to issue a RCRA, PSD, NPDES or 404 permit for the same facility
or activity;

(iii)	federal, state and local agencies with jurisdiction over fish,
shellfish, and wildlife resources; the Advisory Council on Historic
Preservation, state historic preservation 	officers, and other
appropriate government authorities, including any affected States;

				(iv)	persons on a mailing list developed by:

(I)	notifying the public of the opportunity to be put on the mailing
list through periodic publication in the public press and in other
publications such as Regional and State funded newsletters,
environmental bulletins, or State law journals; and

(II)	including those who request in writing to be on the list. (The
Department may update the mailing list from time to time by requesting
written) indication of continued interest from those listed.  The
Department may delete from the list the name of any person who fails to
respond to such a request.

2.	By publication of a notice in a daily or weekly newspaper within the
area to be affected by the facility or activity;

3.	Any other method reasonably calculated to give actual notice of the
action in question to the persons potentially affected by it, including
press releases or any other forum or medium to elicit public
participation.

(e)	Contents.  All public notices of permit actions shall contain the
following minimum information:

1.	Name and address of the Department office processing the permit
action for which notice is being given;

2.	Name and address of the permittee or permit applicant and, if
different, of the facility or activity regulated by the permit;

3.	A brief description of the business conducted at the facility or
activity described in the permit application;

4.	A description of the type and quantity of wastes, fluids, or
pollutants which are proposed to be injected;

5.	A brief summary of the basis for the permit conditions;

6.	Reasons why any requested variances do or do not appear justified;

7.	Name, address, and telephone number of a person from whom interested
persons may obtain further information including copies of the draft
permit, fact sheet when prepared, and the application;

8.	A brief description of the applicable comment procedures including,
the beginning and ending dates of the comment period, procedures for
requesting a hearing, and any other procedures by which the public may
participate in the final decision;

9.	Reference to the date of previous public notices relating to the
permit;

10.	Date, time, and place of the hearing;

11.	A brief description of the nature and purpose of the hearing
including the applicable rules and procedures; and

12.	Any additional information considered necessary or proper.

(f)	Public comments and requests for public hearings. During the public
comment period, any interested person may submit written comments on the
permit application or draft permit and may request a public hearing. A
request for a public hearing shall be in writing and shall state the
nature of the issues proposed to be raised.

(g)	Public hearings.  The Department shall hold a public hearing
whenever, as evidenced by requests, there is public interest in a draft
permit.  A public hearing may also be held at the Department’s
discretion to clarify issues in the permit.

(h)	Consideration of comments and response.

1.	All comments submitted during the public comment period and all
hearing testimony shall be considered in making the final decision.

2.	If a decision is reached to issue a final permit, the Department
shall respond to comments when the permit is issued. This response
shall:

(i)	Be made available to the public;

(ii)	Specify which provisions, if any, of the draft permit have been
changed in the final permit, and the reasons for the change; and

(iii)	Briefly describe and respond to all significant comments on the
draft permit raised during the public comment period, or during any
hearing.

	(i)	Notice of final permit decision.

1.	After the close of the comment period, the Commissioner shall notify
the applicant and each person who has submitted written comments, or
requested notice, of the final permit decision.  This notice shall
contain reference to the procedures for appealing a permit decision.

2.	A final permit decision shall become effective thirty (30) days after
service of notice on the applicant of the final permit decision, unless
a later date is specified in the notice, or a petition is filed pursuant
to paragraph (j) or (k) below.

(j)	Within thirty (30) days of receipt of notice of a final permit
decision, or prior to any later date specified in the notice, any person
other than the applicant who has filed comments on that permit, or its
drafts, may petition the Board for a hearing on the permit or any
condition of the permit.  The petition shall include a statement of all
of the permit conditions which are challenged and the reasons supporting
the challenge. This hearing shall be legislative in nature and shall not
be a contested case within the meaning of T.C.A. §4—5—102, the
Uniform Administrative Procedures Act.  The Board shall make a
recommendation on issuance or denial of the permit or permit conditions
to the Commissioner that shall become final and effective in thirty (30)
days if the Commissioner takes no action.

(k)	Within thirty(30) days of receipt of notice of a final permit
decision, the permit applicant may file a petition with the Board for a
contested case hearing pursuant to T.C.A. §§69—3—105 and
4—5—301 et seq.

(8)	Modification or revocation and reissuance of permits.—When the
Department determines that one or more causes exist for modification or
revocation and reissuance of a permit, the Department may modify or
revoke and reissue the permit accordingly, subject to the limitations of
subparagraph (c) of this paragraph, and may request an updated
application if necessary. When a permit is modified, only the conditions
subject to modification are reopened. If a permit is revoked and
reissued, the entire permit is reopened and subject to revision and the
permit is reissued for a new term. If a permit modification satisfies
the criteria for minor modifications, the permit may be modified without
a draft permit or public review. Otherwise, a draft permit must be
prepared and public review procedures as set out herein must be
followed.

(a)	Causes for modification.  The following are causes for modification
and may be causes for revocation and reissuances.

1.	Alterations.  There are material and substantial alterations or
additions to the permitted facility or activity which occurred after
permit issuance which justify the application of permit conditions that
are different or absent in the existing permit.

2.	Information.  The Department has received information that was not
available at the time of permit issuance (other than revised
regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance. This
cause shall include any information indicating that cumulative effects
on the environment are unacceptable.

3.	New regulations. The standard or regulations on which the permit was
based have been changed by promulgation of amended standards or
regulations or by judicial decision after the permit was issued.
Permits other than for Class 11 or III wells may be modified during
their terms for this cause, only as follows:

(i)	For promulgation of amended standards or regulations, when:

(I)	The permit condition requested to be modified was based on a
Departmental regulation;

(II)	The Department has revised withdrawn, or modified that portion of
the regulation on which the permit condition was based; and

(III)	A permittee requests modification within thirty (30) days after
public notice of the action on which the request is based.

(ii)	For judicial decisions, a court of competent jurisdiction has
remanded and stayed Department promulgated regulations if the remand and
stay concern that portion of the regulations on which the permit
condition was based and a request is filed by the permittee in
accordance with these regulations within thirty (30) days of judicial
remand.

4.	Compliance schedules. The Department determines good cause exists for
modification of a compliance schedule, such as an act of God, strike,
flood, or materials shortage or other events over which the permittee
has little or no control and for which there is no reasonably available
remedy.

(b)	Causes for modification or revocation and reissuance. The following
are causes to modify or, alternatively, revoke and reissue a permit:

1.	Cause exists for revocation and the Department determines that
modification or revocation and reissuance is appropriate.

2.	The Department has received notification of a proposed transfer of
the permit.

(c)	Facility siting. Suitability of the facility location will not be
considered at the time of permit modification or revocation and
reissuance unless new information or standards indicate that a threat to
human health or the environment exists which was unknown at the time of
permit issuance.

(9)	Revocation of permits or denial of renewal application.

(a)	The Department may revoke a permit during term, or deny a permit
renewal application for the following causes:

1.	Noncompliance by the permittee with any condition of the permit;

2.	The permittee’s failure in the application or during the permit
issuance process to disclose fully all relevant facts, or the
permittee’s misrepresentation of any relevant facts at any time; or

3.	A determination that the permitted activity endangers human health or
the environment and can only be regulated to acceptable levels by permit
modification or revocation.

(b)	Notice of intent to revoke and reissue, or terminate.  If the
Department tentatively decides to revoke and reissue a permit, a notice
of intent to revoke and reissue, or notice of intent to terminate shall
be issued.

(10)	Minor Modifications—Upon the consent of the permittee, the
Department may modify a permit to make the corrections or allowances for
changes in the permitted activity listed in this paragraph without
following the entire permitting procedure. Minor modifications may only:

(a)	Correct typographical errors;

(b)	Require more frequent monitoring or reporting by the permittee;

(c)	Change an interim compliance date in a schedule of compliance,
provided the new date is not more than 120 days after the date specified
in the existing permit and does not interfere with attainment of the
final compliance date requirement;

(d)	Change quantities or types of fluids injected which are injected
within the capacity of the facility as permitted and, in the judgment of
the Department would not interfere with the operation of the facility or
its ability to meet conditions described in the permit and would not
change its classification;

(e)	Change a construction requirement approved by the Department,
provided that any such alteration shall comply with all requirements of
this rule; or

(f)	Amend a plugging and abandonment plan.

(g)	Allow for a change in ownership or operational control of a facility
where the Commissioner determines that no other change in the permit is
necessary, provided that a written agreement containing a specific date
for transfer of permit responsibility, coverage, and liability between
the current and new permittees has been submitted to the commissioner.

(11)	Confidentiality of information—The handling of confidential
information shall be governed by T.C.A. § 69-3-113.

(12)	Signatories to applications and reports.

(a)	Applications. All permit applications, shall be signed as follows:

1.	For a corporation: by a responsible corporate officer. For the
purpose of this part, a responsible corporate officer means (1)
president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function or any other person who performs
similar policy or decision making functions for the corporation, or (II)
the manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding 25 million dollars (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures. Note: The
Department does not require specific assignments or delegations of
authority to responsible corporate officers identified in subpart (f).
The Department will presume that these responsible corporate officers
have the requisite authority to sign permit applications unless the
corporation has notified the Commissioner to the contrary. Corporate
procedures governing authority to sign permit applications may provide
for assignment or delegation to applicable corporate positions under
item (II) rather than the specific individuals.

2.	For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or

3.	For a municipality, State, Federal, or other public agency: by either
a principal executive officer or ranking elected official.

(b)	Reports. All reports required by permits, and other information
requested by the Department, shall be signed by a person described in
sub-paragraph (a) above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:

1.	The authorization is made in writing by a person described in
subparagraph (a);

2.	The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well or
well field, superintendent, or position of equivalent responsibility (A
duly authorized representative may thus be either a named individual or
any individual occupying a named position.); and

3.	The written authorization is submitted to the Department.

(c)	Changes to authorization. If an authorization under subparagraph (b)
is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of subparagraph (b) must be
submitted to the Department prior to or at the time any reports,
information, or applications signed by an authorized representative are
submitted.

(d)	Certification. Any person signing a document under this section
shall make the following certification.

	“I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.”

(13)	Permit Requirements—All UIC permits shall contain permit
conditions established by the Commissioner as necessary to fulfill the
purposes of the Tennessee Water Quality Control Act, T.C.A.
§§69—3—101 et seq., a description of the injection zone being
permitted, and any necessary corrective action as stated under rule
1200—4—6—.09(5). The permit conditions shall be set at levels to
prevent adverse effects to persons utilizing the ground water resource
after consideration of at least the following factors: any guidelines
set for certain pollutants by U.S.E.P.A., the flow characteristics of
ground water, risk to humans, and the risk of migration. The following
conditions (a) through (n) apply to all UIC permits. All conditions
applicable to all permits shall be incorporated into the permits either
expressly or by reference. If incorporated by reference, a specific
citation to these regulations must be given in the permit.

(a)	The permittee must comply with all conditions of this permit and all
applicable laws and regulations. Any permit noncompliance constitutes a
violation of the Tennessee Water Quality Control Act and is grounds for
enforcement action; for permit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application.

(b)	If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee must
apply for and obtain a new permit prior to expiration of this permit.

(c)	It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.

(d)	The permittee shall take all reasonable steps to minimize or correct
any adverse impact on the environment resulting from non-compliance with
this permit.

(e)	The permittee shall at all times properly operate and maintain all
facilities and systems of related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.

(f)	This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any permit condition.

(g)	This permit does not convey any property rights of any sort, or any
exclusive privilege.

(h)	The permittee shall furnish to the Department, within a time
specified, any information which the Department may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Department, upon request, copies
of records required to be kept by this permit.

(i)	The permittee shall allow Department personnel, or an authorized
representative of the Department, upon the presentation of credentials
to:

1.	Enter upon the permittee’s premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this permit;

2.	Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this permit;

3.	Inspect at reasonable times any facility, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this permit; and

4.	Sample or monitor at reasonable times, for the purposes or assuring
permit compliance or as otherwise authorized by the Tennessee Water
Quality Control Act, any substances or parameters at any location.

(j)	Monitoring and records.

1.	Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity. The permittee shall monitor
injection fluids, injection operations, and local ground water supplies,
in accordance with the requirements for the applicable class of well
stated in rules 1200—4—6—.10 through 1200—4—6—.14.

2.	The permittee shall retain records of all monitoring information,
including the following:

(i)	Calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3
years from the date of the sample, measurement, report, or application.
This period may be extended by request of the Department at any time;
and

(ii)	The nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures. The
Department may require the owner or operator to deliver the records to
the Department at the conclusion of the retention period.

3.	Records of monitoring information shall include:

(i)	The date, exact place, and time of sampling or measurements;

(ii)	The individual(s) who performed the sampling or measurements;

(iii)	The date(s) analyses were performed;

(iv)	The individual(s) who performed the analyses;

(v)	The analytical techniques or methods used; and

(vi)	The results of such analyses.

(k)	All applications, reports, or information submitted to the
Department shall be signed and certified.

(l)	Reporting requirements.

(i) 	Planned Changes. The permittee shall give notice to the Department
as soon as possible of any planned physical alterations or additions to
the permitted facility.

(ii)	Anticipated noncompliance. The permittee shall give advance notice
to the Department of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.

(iii)	Transfers. See subsections (5), (7), (8) and (9) of this Rule.

(iv)	Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this permit.

(v)	Compliance schedules. Reports of compliance or noncompliance with,
or any progress reports on, interim and final requirements contained in
any compliance schedule of this permit shall be submitted no later than
30 days following each schedule date.

(vi)	Twenty-four hour reporting. The permittee shall report any
noncompliance which may endanger health or the environment, including:

(I)	Any monitoring or other information which indicates that any
contaminant may cause an endangerment to USDWs; or

(II)	Any noncompliance with a permit condition or malfunction of the
injection system which may cause fluid migration into or between USDWs.

Any such information shall be provided orally within 24 hours from the
time the permittee becomes aware of the circumstances. A written
submission shall also be provided within 72 hours of the time the
permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause, the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate
and prevent reoccurrence of the noncompliance.

(vii)	Other noncompliance. The permittee shall report all instances of
noncompliance not reported under paragraphs i, iv, v, and vi of this
section, at the time monitoring reports are submitted. The reports shall
contain the information listed in paragraph (l)(vi) of this section.

(viii)	Other information. Where the permittee becomes aware that it
failed to submit any relevant acts in a permit application, or submitted
incorrect information in a permit application or in any report to the
Department, it shall promptly submit such facts or information.

(m)	Requirements prior to commencing injection. Except for all new wells
authorized by an area permit under rules 1200—4—6—.11 and
1200—4—6—.12, a new injection well may not commence injection
until construction is complete, and

1.	The permittee has submitted notice of completion of construction to
the Director; and

2.	(i)	The Department has inspected or otherwise reviewed the new
injection well and finds it is in compliance with the conditions of 	the
permit; or

(ii)	The permittee has not received notice from the Director of his or
her intent to inspect or otherwise review the new injection well within
13 days of the date of the notice in paragraph (m)(l) of this section,
in which case prior inspection or review is waived and the permittee may
commence injection. The Director shall include in his notice a
reasonable time period in which he shall inspect the well.

(n)	The permittee shall notify the Department at such times as the
permit requires before conversion or abandonment of the well, or in the
case of area permits, before closure of the project.

(o)	The permittee shall at all times maintain sufficient financial
resources to allow for the proper plugging and abandonment of the well.
In the event of a change of ownership or other transfer of permit, the
transferee shall provide proof of financial responsibility before
continued operation.

1.	For Class I and III wells, a surety bond or cash bond shall be filed
with the Department prior to permit issuance.  At the Department’s
discretion, other forms of financial assurance for Class I wells may be
acceptable.

2.	Class II wells shall have a surety bond or cash bond for a total of
$4,000 per well.  If there is an existing $2,000 bond with the Tennessee
Oil and Gas Board, the bond under this rule shall be $2,000.  If no bond
currently exists, the bond shall be for $4,000.

3.	At the Department’s discretion, a bond may be required for Class V
wells.

(p)	The owner or operator of a Class I, II or III well permitted under
this part shall establish prior to commencing injection or on a schedule
determined by the Department, and thereafter maintain mechanical
integrity for the well.  When the Department determines that a Class I,
II, or III well lacks mechanical integrity, the Department shall give
written notice of the determination to the owner or operator.  Unless
the Department requires immediate cessation, the owner or operator shall
cease injection into the well within 48 hours of receipt of the
Department’s determination.  The Department may allow plugging of the
well pursuant to the requirements of this rule or require the permittee
to perform such  additional construction, operation, monitoring,
reporting and corrective action as is necessary to prevent the movement
of fluid into or between USDWs caused by the lack of mechanical
integrity.  The owner or operator may resume injection upon written
notification from the Department that the owner or operator has
demonstrated mechanical integrity pursuant to this rule.  The Department
may allow the owner or operator of a well which lacks mechanical
integrity to continue or resume injection, if the owner or operator has
made a satisfactory demonstration that there is no movement of fluid
into or between USDWs.

(q)	A Class I, II or III permit shall include and a Class V permit may
include, conditions to insure that plugging and abandonment of the well
will not allow the movement of fluids into or between USDWs.  Where the
Department's review of an application indicates that the permittee's
plan is inadequate, the Department may require the applicant to revise
the plan, prescribe conditions meeting the requirements of this
paragraph, or deny the permit.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed January x,
2010; effective date April x, 2010

Existing Enhanced Recovery And Hydrocarbon Storage Wells

For all existing enhanced recovery and hydrocarbon storage wells that
are currently operating in the State of Tennessee Rule 1200-4-6-.11 (11)
states: “ Class II wells in current operation upon the effective date
of this rule shall file an application within 6 months of the effective
date of this rule.  No application fee will be required. Failure to file
an application by the required date shall make the wells in violation of
Rule 1200-4-6 and subject to the new application fee or closure.”

By this statement the State will accept and review applications obtained
from existing facilities for no fee within the first six months.  We
will be requesting that the existing facilities also provide any
information from the existing Federal applications, approval letters,
operating permits, mechanical integrity tests and aquifer designations.

Inventory Maintenance

Since 1995 the State has been maintaining a database, which holds all
the currently listed permits, as well as responses to registration
questionnaires and registrations done in conjunction with the TVA UIC
Study.  TVA has provided the State with a valuable electronic database
while working within the designated wellhead protection areas.  The
State will request information from the Region IV EPA database for any
supplemental information needed by the State as needed .  The database
is updated on a monthly basis.  The State is currently updating the
format of the database in order to respond easier to the required 7520
forms.  The new database manager for the Groundwater Management Section
is accomplishing this.

MOTOR VEHICLE WELLS

Motor vehicle waste disposal well construction after April 5, 2000 is
banned nationwide.  The decision to regulate motor vehicle waste
disposal wells is based on the high potential for these wells to
endanger underground sources of drinking water.  EPA data shows that
there are two existing motor vehicle wells. These wells will be
inspected and evaluated and closed as soon as the State is notified of
the locations of these wells.  During the States operation of the Class
V program any new motor vehicle wells will be investigated and evaluated
and closed as they are located.

Exempted Aquifers

At this time the Department has not exempted any aquifer in the State.
In Tennessee an exempted aquifer is defined as follows:

1200-4-6-.04(7)	Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an
“underground source of drinking water'' may be determined to be an
“exempted aquifer'' if it meets the following criteria:

(a)	It does not currently serve as a source of drinking water; and

(b)	It cannot now and will not in the future serve as a source of
drinking water because:

1.	It is mineral, hydrocarbon or geothermal energy producing, or can be
demonstrated by a permit applicant as part of a permit application for a
Class II or III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially
producible;

2.	It is situated at a depth or location which makes recovery of water
for drinking water purposes economically or technologically impractical;

3.	It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or

4.	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse;

or

(c)	The total dissolved solids content of the ground water is more than
3,000 and less than 10,000 mg/l and it is not reasonably expected to
supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

Once the applicant has submitted a completed request and the State
approves the request the State will ask EPA for a final ruling.

Class IV Prohibition

Under the Tennessee UIC regulations Class IV wells are banned.  The
following language institutes the State portion of the Federal ban.

1200—4—6—.13 Class IV Wells.

(1)	The following are prohibited:

(a)	The use of any well to dispose of water carrying human waste,
household or business waste, raw sewage or the effluent from any septic
tank or other sewer system of any kind, unless such well is a subsurface
fluid distribution system (SFDS) which is part of a Subsurface Sewage
Disposal System (SSDS) permitted under provisions  68-221-401 et seq. or
a drip disposal system permitted pursuant to 69-3-108 et seq.

(b)	The use of any Class V injection well in such a manner as to cause
any USDW to contain any substances, whether alone or in combination with
other substances, that are toxic, carcinogenic, mutagenic, or
teratogenic, other than those of natural origin, at levels and
conditions which violate primary drinking water standards as given in
1200-5-1 or adversely affect the health of persons.

(c)	Large capacity cesspools; and

(d)	Cesspools, other than large capacity cesspools, not authorized under
T.C.A. 68-221-401 et seq.

(e)	Motor Vehicle Waste Disposal Wells (MVWDWs) are prohibited and must
be properly closed and abandoned.

Inventory Of Class V Wells

Tennessee has completed a contract with TVA for notification and
location of all potential Class V well owners within the state’s
wellhead protection areas.  The State has also conducted various
workshops across the state during the last regulation update.  A
contract has been initiated with TVA to provide stakeholder workshops
across the State.  The staff of the DWS has also spoken at numerous
workshops and seminars across the state in hopes of reaching new and
potential clients.   The universe of Class V wells is constantly
expanding.  The State is currently evaluating North American Industry
Classification System (NAICS) codes as they concern wellhead protection
areas.  The Division is focusing primarily on those Class V systems that
receive any waste other than sanitary waste.

Wellhead Protection Areas And Other Sensitive Groundwater Areas

EPA has declared that the entire State is a sensitive groundwater area
and Tennessee will continue to operate under this ruling. Tennessee will
also emphasize Wellhead Protection areas as an area that the State will
target for added inventory and enforcement activities.  In Tennessee the
Drinking Water Source Protection regulations (1200-5-1-.34) have been
modified to place special emphasis on all injection wells that are
located within wellhead protection areas.  In order to provide more of a
regulatory emphasis, the UIC regulations were amended to allow denial of
permits or the placement of more stringent requirements on a permit due
to its location within a wellhead protection area.  This language is
intended to provide a prioritization and a specific link to Drinking
Water (Source Protection Rule/ Wellhead Protection) Rule under the
Tennessee Safe Drinking Water Act and the UIC Regulations under the
Tennessee Water Quality Control Act as well as ensuring that the
applicant is aware of the location of the facility and the relationship
to the wellhead protection area(s).  This change also allows the
owner/operator to be put on a written notice that, if permitted, the
facility will be operating in a wellhead protection area, which is a
priority area for concern for the UIC program.  The UIC program has also
addressed Identification of USDW by the addition of the following
language in the Rule:

1200—4—6—.04 Prevention of Pollution of Ground Water and
Identification of Underground Sources of Drinking Water and Exempted
Aquifers.

(1)	No owner or operator shall construct, operate, maintain, convert,
plug, abandon, or conduct any other injection activity in a manner that
allows the movement of fluid containing any contaminant into underground
sources of drinking water, if the presence of that contaminant may cause
a violation of any primary drinking water regulation or may otherwise
adversely affect the health of persons.  The applicant for a permit
shall have the burden of showing that the requirements of this paragraph
are met.

(2)	For Class I, II and III wells, if any water quality monitoring of an
underground source of drinking water indicates the movement of any
contaminant into the underground source of drinking water, except as
authorized under this Rule, the Commissioner shall prescribe such
additional requirements for construction, corrective action, operation,
monitoring, or reporting (including closure of the injection well) as
are necessary to prevent such movement.  In the case of wells authorized
by permit, the Commissioner may impose additional requirements by
modifying the permit in accordance with Rule 1200-04-06-.08(8) or may
terminate the permit in accordance with Rule 1200-04-06-.08(9).
Additionally, the Commissioner may assess civil penalties for all permit
or rule violations in accordance with T.C.A § 69-3-115.

(3)	For class V wells, if at any time the Commissioner learns that a
Class V well may cause a violation of primary drinking water regulations
he or she shall:

(a)	Require the injector to obtain an individual permit; and/or

(b)	Order the injector to take such actions (including, where required,
closure of the injection well) as may be necessary to prevent the
violation.

(c)	Take enforcement action.

(4)	Whenever the Commissioner learns that a Class V well may be
otherwise adversely affecting the health of persons, he or she may
prescribe such actions as may be necessary to prevent the adverse
effect, including any action authorized under paragraph (3) of this Rule
and assess civil penalties in accordance with T.C.A § 69-3-115.

(5)	Notwithstanding any other provision of this rule, the Commissioner
may take emergency action upon receipt of information that a contaminant
which is present in or likely to enter a public water system or
underground source of drinking water may present an imminent and
substantial endangerment to the health of persons. The Commissioner must
first determine that local authorities have not taken appropriate action
to protect the health of such persons, before taking emergency action.

(6)	Identification of Underground Sources of Drinking Water

(a)	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and shall protect, except where
exempted under subparagraph (b) of this paragraph, as an underground
source of drinking water, all aquifers or parts of aquifers which meet
the definition of an “underground source of drinking water'' in Rule
1200-04-06-.02. Even if an aquifer has not been specifically identified
by the commissioner, it is an underground source of drinking water if it
meets the definition in Rule 1200-04-06-.02.

(b)	1.	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and describe in geographic and/or
geometric terms (such as vertical and lateral limits and gradient) which
are clear and definite, all aquifers or parts thereof which the
Commissioner proposes to designate as exempted aquifers using the
criteria in paragraph (7) of this Rule.

2.	No designation of an exempted aquifer submitted as part of a UIC
Program shall be final until approved by the EPA Administrator.

3 	Subsequent to program approval or promulgation by the EPA, the
Commissioner may, after notice and opportunity for a public hearing,
identify additional exempted aquifers.

(i)	Exemption of aquifers identified under subparagraph (7)(b) of this
Rule shall be treated as a program revision under 40 CFR 145.32.

(Note: 40 CFR 145.32 provides that:

(a)	Either EPA or the approved State may initiate program revision.
Program revision may be necessary when the controlling federal or state
statutory or regulatory authority is modified or supplemented. The state
shall keep EPA fully informed of any

proposed modifications to its basic statutory or regulatory authority,
its forms, procedures, or priorities.

(b)	Revision of a state program shall be accomplished as follows:

(1)	The state shall submit a modified program description, Attorney
General's statement, Memorandum of Agreement, or such other documents as
EPA determines to be necessary under the circumstances.

(2)	Whenever EPA determines that the proposed program revision is
substantial, EPA shall issue public notice and provide an opportunity to
comment for a period of at least 30 days. The public notice shall be
mailed to interested persons and shall be published in the Federal
Register and in enough of the largest newspapers in the state to provide
statewide coverage. The public notice shall summarize the proposed
revisions and provide for the opportunity to request a public hearing.
Such a hearing will be held if there is significant public interest
based on requests received.

(3)	The Administrator shall approve or disapprove program revisions
based on the requirements of this part and of the Safe Drinking Water
Act.

(4)	A program revision shall become effective upon the approval of the
Administrator. Notice of approval of any substantial revision shall be
published in the Federal Register. Notice of approval of non-substantial
program revisions may be given by a letter from the Administrator to the
State Governor or his designee.)

(ii)	Exemption of aquifers identified under subparagraph (7)(c) of this
Rule shall become final if the Commissioner submits the exemption in
writing to the EPA Administrator and the EPA Administrator has not
disapproved the designation within 45 days.  Any disapproval by the EPA
Administrator shall state the reasons and shall constitute final Agency
action for purposes of judicial review.

(c)	1. 	For Class III wells, the Commissioner shall require an applicant
for a permit which necessitates an aquifer exemption under part (7)(b)1
of this Rule to furnish the data necessary to demonstrate that the
aquifer is expected to be mineral or hydrocarbon producing.  Information
contained in the mining plan for the proposed project, such as a map and
general description of the mining zone, general information on the
mineralogy and geochemistry of the mining zone, analysis of the
amenability of the mining zone to the proposed mining method, and a
time-table of planned development of the mining zone shall be considered
by the Commissioner in addition to the information required.

2.	For Class II wells, a demonstration of commercial producibility shall
be made as follows:

(i)	For a Class II well to be used for enhanced oil recovery processes
in a field or project containing aquifers from which hydrocarbons were
previously produced, commercial producibility shall be presumed by the
Commissioner upon a demonstration by the applicant of historical
production having occurred in the project area or field; and

(ii)	For Class II wells not located in a field or project containing
aquifers from which hydrocarbons were previously produced, information
such as logs, core data, formation description, formation depth,
formation thickness and formation parameters such as permeability and
porosity shall be considered by the Commissioner, to the extent such
information is available.

(7)	Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an
“underground source of drinking water'' may be determined to be an
“exempted aquifer'' if it meets the following criteria:

(a)	It does not currently serve as a source of drinking water; and

(b)	It cannot now and will not in the future serve as a source of
drinking water because:

1.	It is mineral, hydrocarbon or geothermal energy producing, or can be
demonstrated by a permit applicant as part of a permit application for a
Class II or III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially
producible;

2.	It is situated at a depth or location which makes recovery of water
for drinking water purposes economically or technologically impractical;

3.	It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or

4.	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse;

or

(c)	The total dissolved solids content of the ground water is more than
3,000 and less than 10,000 mg/l and it is not reasonably expected to
supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

Public Hearing Participation Opportunities for Primacy

The UIC program ran advertisements in several local papers across the
state to announce that the state was seeking primary enforcement
authority.  A copy of the announcements as well as a copy of the
presentation and comments is provided in appendix section 8.  The papers
printed the following:

There will be a hearing before the Division of Water Supply Staff
representing the Water Quality Control Board of the Department of
Environment and Conservation to hear comments from the public concerning
amendments to the Regulations for Underground Injection Chapter 1200-4-6
pursuant to T.C.A. 69-3-105 et seq. Subparagraph (c) is being added to
Rule 1200-4-6-.10(2) to allow for a variance for deep well injection of
industrial waste into underground sources of drinking waters.  This
public hearing will also be used to solicit response from the public on
the Division's intent of pursuing primary enforcement authority
("primacy") for the Underground Injection Control Program from the
.Environmental Protection Agency. The hearing will be conducted in the
manner prescribed by the Uniform Administrative Procedures Act,
Tennessee Code Annotated Section 4-5-204 and will take place at the
Madison County Agricultural Complex at 309 N. Parkway at Hwy 45 Bypass
in Jackson at 2:00 pm CST on the 9th day of July, 2001; in the
auditorium of the Fleming Training Center located at 202 Blanton Drive
in Murfreesboro at 10:00 am CST on the 17th day of July, 2001; and at
the Knox County Health Department Auditorium, 140 Dameron Avenue, 1:00
pm EST in Knoxville on the 24th day of July, 2001. Written comments will
be considered if received by close of business August 10, 2001. Written
comments should be mailed to the Tennessee Division of Water Supply, 6th
Floor L&C Tower, 401 Church Street, Nashville, TN 37243-1549.

Individuals with disabilities who wish to participate in these
proceedings (to review these filings) should contact the Department of
Environment and Conservation to discuss any auxiliary aids or services
needed to facilitate such participation. Such contact may be made in
person, by writing, telephone, or other means should be made no less
than (10) days prior to the scheduled meeting date (date such party
intends to review such filings), to allow time for the Department to
provide such aid or service. Contact tile ADA Coordinator, 401 Church
Street, 11th Floor L & C Tower, Nashville, TN 37243-0449,
1-888-867-2757.

Hearing impaired callers may use the Tennessee Relay Service
(1-800-848-0298).

For a copy of the entire text of this notice of rulemaking hearing,
contact:

Scotty Sorrells

UIC Coordinator

TN Division of Water Supply

401 Church Street

Nashville, TN

(615) 532-9224

or visit the Departmental website at  HYPERLINK "http://www.tdec.net"
www.tdec.net

At each public hearing the following was read:

STATEMENT OF THE PRESIDING OFFICER

PUBLIC HEARING

UNDERGROUND INJECTION CONTROL RULES

My name is Scotty Sorrells and I am Assistant Manager for the Ground
Water Management Section in the Division of Water Supply, Department of
Environment and Conservation.  I will be the hearing officer for this
hearing.  The purpose of this hearing is to provide an opportunity for
persons who wish to comment on the rulemaking hearing rules for the
Underground Injection Control Program to do so.  The statutory authority
for this hearing is Tennessee Water Quality Control Act T.C.A. 69-3-101
et. seq., and the Uniform Administrative Procedures Act.

The Rulemaking Procedure is as follows:  Rulemaking Hearing Rules are
drafted and presented to the Water Quality Control Board who authorizes
them to be made available for public hearing, the hearing is held, the
hearing is recorded and summarized, and the record and summary is
presented to the Water Quality Control Board for their consideration.
The Board may adopt the rules and if they do, the rules are submitted to
the Attorney General to review for legality.  After the Attorney General
approves the rules they are filed with the Secretary of State.
Seventy-five days later they become effective.

Notice of the hearing was also published in major newspapers across the
state in Knoxville, Memphis, Nashville, Kingsport, Jackson, Johnson City
and Chattanooga and in the Tennessee Administrative Register.  The full
text of the proposed rules was placed on the State’s Web Site.

Everyone who wishes to present testimony will be given the opportunity.
Those attending this hearing are asked to fill out one of the small
cards and indicate whether or not they wish to give testimony.  Lengthy
testimony should be given in writing and summarized if oral testimony is
given.  I am reserving the right to limit testimony from any one person
to a reasonable time in order that everyone that wishes to give
testimony will have an opportunity to do so today.

It is the purpose of this hearing to receive information from you
concerning the specific rules under consideration. I or the staff of the
Division of Water Supply may ask questions to clarify testimony;
however, we are not here to debate issues.  Following the hearing, staff
of the Division will remain here to answer questions that you may have.

Written testimony may also be presented to the Division of Water Supply
at 6th Floor, L&C Tower, 401 Church Street, Nashville, Tennessee
37243-1549 as long as it is received by the close of business August 10,
2001.

The staff of the Division proposes to summarize the comments made at
today’s hearing and will send a copy to each hearing attendee in order
that commenter’s can verify that the essence of their comment is
accurately portrayed.  After this they will be submitted to the Water
Quality Control Board members.

Tom Moss, Manager of the Ground Water Management Section, will briefly
explain the rules considered at this hearing after which the floor will
be opened for testimony.

(comments by Mr. Moss)

The following comments are related to Tennessee seeking Primacy the
entire public record can be found in the appendix:

July 19, 20 & 26, 2001 Public Hearing

Underground Injection Control

Rule 1200-4-6

NAME	ORGANIZATION	RULE	COMMENT	STAFF RESPONSE

(1)  David H. Alexander 	DuPont White Pigment and Mineral Products
Corporation of America	1200-4-6 General

(oral and written)	(1)(a) First, generally, Dupont would like to
compliment the Division for its foresight in the development and
implementation of a strong UIC program. Dupont strongly supports the
Division in its quest for primacy for this important program.

	(1)(a) The Division thanks Dupont for their support.

(2) Linda Modica	Vice Chair State of Franklin Group Sierra Club
1200-4-6-.10(2)(c)

(oral)	(2) (a) My name is Linda Modica.  I’m the vice chair of the

State of Franklin group of the Sierra Club.  I am also a homeowner in
Washington Co., TN, and our family uses a well that is approximately 120
feet deep for our drinking water.  We’ve got an 11-year-old daughter,
various pets, and two adults living in the household.  My concern today
is, with the geology of our area being so fractured and karst that, and
also given the fact that, not too long ago in Tellford, which is only
about 2 miles from my house, there was a situation where families,
including some families with children, suffered ill health effects due
to drinking and bathing in their own well water,(in some cases, it was
spring water) that our area may not be amenable to the use of injection
disposal directly into the ground water.  I also brought with me, for
everyone who wishes to take a copy, a copy of a report just recently
published by the United States Geological Survey called “Water Quality
in the Upper Tennessee River Basin.”  And you’ll see in this report,
early on, that the findings of the geologists were that our area, well,
the entire ridge and valley area is an area of the state where the
aquifers can be easily contaminated due to the geology that underlies
this region.  I think that the, I hope that the state will use extreme
caution in our region, that there are still many of us who rely on
ground water for drinking water purposes and there are also some towns
including Erwin and Elizabethon which rely on wells and springs in some
cases, where they provide drinking water to the public.  As you have
your own little set-up there, that shows how in Knox formation the
surface water and the ground water can be connected.  The sinkholes can
easily introduce contaminants to the ground water, and all of us need
clean drinking water.  Living in a part of the county, and many of us
do, where public supplies are not available and won’t be available for
a long time.  We don’t want to have to rely on the town of
Jonesborough or the other cities to have to provide us with safe
drinking water.  We think that the current ground water should be
protected as much as possible.  And to that end, the Sierra Club and
other groups, including water shed watch groups that are being formed
throughout the region with the help of the Tennessee Valley Authority,
are working on projects informing homeowners and farmers and businesses
what they can do to protect the land, to protect the water.  I hope that
the ridge and valley province, following the guidelines that I think the
US Geological Survey very well placed in this report that I’m happy to
give to all of you.  It shows that it would be too risky to the quality
of water in the ridge and valley province to allow injection of any type
of contaminant to the soil.  Thank you.	(2) (a) The Division views your
comment to mean that you are in opposition to the placement of Class I
injection wells in east Tennessee.  It was never the intent of this
Division to allow the placement of Class I wells in any other counties
than those listed in 1200-4-6-.10 (2)(b).  We have modified the language
in the opening paragraph to reflect this change by adding the following
after the word “use” in the second sentence: ”only in those
counties listed in 1200-4-6-.10 (2)(b)”.

The Division also understands your concern in the placement of shallow
injection systems in your area.

(5) Gwen Griffith	Program Director Tennessee Environmental Council
1200-4-6 general

(written)	(5)(a)The Tennessee Environmental Council hereby submits
comments on proposed regulations for the UIC program (the Zone
Designation for Class I wells) and the issue of state primacy authority
relative to the EPA.

The purpose of the UIC program is to prevent contamination of
underground sources of drinking water by any type of injection well.
TEC believes the UIC regulations must always uphold this goal above all
other objectives.

(5)(b) TEC opposes allowing injection of Class I wastes into underground
locations.  It is our understanding that there are no current Class I
injection sites in Tennessee and we believe they should not be allowed
to resume operations.  Class I injections should especially be avoided
anywhere near potential contact with underground sources or potential
underground sources of drinking water.  A significant portion of
Tennessee relies upon underground water for drinking water supply.  All
potential underground water supplies must be strictly protected from
even the slightest chance of contamination from hazardous waste
materials.

(5) (c) We oppose all Class I injection in Tennessee.  However, if this
type of injection is to be allowed in certain designated zones, it is
imperative that the rules allow for absolutely zero possibility of
groundwater contamination by judicious site restrictions and by optimal
operating procedures at the injection sites.  Any amendment (as proposed
to Chapter 1200-4-6 pursuant to T.C.A. 69-3-105 et seq,) that allows a
variance for deep well injection of industrial waste into underground
water sources of any kind should not be promulgated.

If Class I injection sites are to be allowed in designated zones, the
promulgated rules must be absolutely clear about what the allowed zones
are and assure that they are no where near the vital underground water
sands of West Tennessee or the regionally deformed rocks of East
Tennessee.  We suggest wording that clarifies this restriction with
clear language indicating that only the specified counties under
1200-4-6-.10(2)(b) are allowed and this will be strictly enforced.

	(5)(a)  The Division concurs

(5)(b)  TEC is correct in that there are no more Class I wells in
operation in the State.  TEC is also correct in that a significant
portion of Tennessee relies upon underground water for drinking water
supply.  All potential underground water supplies must be protected from
contamination from hazardous waste materials

(5)(c)  We understand that TEC is opposed to the process of Class I
wells in the state.  The Division has worked to provide the citizens of
the State with the most technologically acceptable approach to the
issues of Class I well placement.  We have also addressed the placement
of the zones in response to comment (2) (a)

(6)  Frances Lamberts	Natural Resources League of Woman Voters of
Tennessee	1200-4-6-.10(2)(c)

(written)	(6)(h)  The League of Women Voters supports a fee system
adequate to make the UIC program self-supporting.  We would like to see
changes to the structure of the fee system, however.  As now specified
in Sect. 4-6-.15, the fixed fees associated with permit
application/maintenance/changes are high while the variable use cost is
nominal to the point almost of “no fee.”  There is no incentive, we
believe, for a permit holder to be sparing with hazardous waste burial
when doing so costs a mere 50 cents per thousand gallons injected.  With
fixed, permit related fees of at least $7,500 per year (excluding
construction and initial operational permit) a perverse incentive toward
high injection use instead of minimal-injection use is thereby created.

We urge the state to change the fee structure in ways so as to remove
any motivation for excessive waste burial, once the costly permit is in
place, high waste burial not being in the state’s best interest.  In a
similar vein, we would like to see the state provide strong incentives
to municipalities/industries/developers, for stormwater run-off
avoidance and mitigative approaches, rather than stormwater injection.

	(6)(h)  In some areas of the state the only option for stormwater
drainage is through karst systems.  Other areas of the state do not have
adequate sewer or storm sewer systems to all parts of the area to cover
the expanding economic growth and in those areas the only alternative is
subsurface disposal.

The State has set what it feels are adequate fees to supply the working
capitol for the staff of the UIC program in combination with EPA primacy
money to operate in their task of protecting the ground water resources
of the State.

(7) Barry Sulkins	Director Tennessee PEER	1200-4-6-.10(2)(c)

(written)

	(7) (b)  At present the state does not have primary authority or
primacy over the UIC program, and we understand that the regulations
required, including a fee system, are in place to qualify for delegation
of the program.  We support this move that would give the state primacy
and closer oversight.  We are concerned that state UIC positions may go
unfilled, thus undermining the pursuit of primacy.  The fee system was
developed to fund the staff to run the program and allow for primacy,
and if this is not carried out, efforts will have been wasted.  The
present budget concerns should have little or no impact on this matter
as the fees system should provide the state’s portion of the needed
funds.  The state has expended much effort and spent many years
positioning itself to assume primacy for this program and it should not
now be canceled or further delayed.  We feel that Tennessee can do a
better job with an in-state presence, as it is our view that EPA rarely
visits the state and is inconsistent on inspections and enforcement.
(7)(b)  The state appreciates your support

(7)(c) See response (2)(a)

(8) Sandra Barber	Citizen 	1200-4-6

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wed but there’s nothing saying that any other counties are not
permitted, and if so, why?	(8)(a) The state appreciates your support.
The fees that are proposed in these regulations will support the UIC
program actions.  The Class I counties are addressed in response (2)(a)

 PAGE   11

Applicant prepares

supporting documentation

Site in

EFO

area

REGIONAL EFO

PROCESS FLOW DIAGRAM

REGIONAL EFO


[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Rules and Regulations]
[Page 20633]
[FR Doc No: 2021-08210]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2021-0217]

Special Local Regulations for Marine Events; Blessing of the
Fleet, Tiburon, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce the special local regulations for
the annual Blessing of the Fleet Boat Parade on April 25, 2021 to
provide for the safety of life on the navigable waters of Raccoon
Strait during this event. Our regulation for marine events in Northern
California identifies the regulated area for this event in Raccoon
Strait near Tiburon, CA. During the enforcement period, unauthorized
persons or vessels are prohibited from entering into, transiting
through, or anchoring in the regulated area, unless authorized by the
Patrol Commander (PATCOM) or other Federal, State, or local law
enforcement agencies on scene to assist the Coast Guard in enforcing
the regulated area.

DATES: The regulations in 33 CFR 100.1103 will be enforced for the
Blessing of the Fleet regulated area listed in item number 1 in Table 1
to Sec.  100.1103 from 8:30 a.m. to 1:30 p.m. on April 25, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Petty Officer David Robey,
Waterways Management, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation in 33 CFR 100.1103, Table 1 to Sec.  100.1103, item
number 1 for the Blessing of the Fleet regulated area from 8:30 a.m. to
1:30 p.m. on April 25, 2021. This action is being taken to provide for
the safety of life on navigable waterways during this event. Our
regulation for marine events within Northern California, Table 1 to
Sec.  100.1103, item number 1, specifies the location of the regulated
area for the Blessing of the Fleet which will occur in Raccoon Strait
in the San Francisco Bay. From 8:30 a.m. to 1:30 p.m. on April 25, 2021
the regulated area will be in effect and is defined as the navigable
waters, from surface to bottom, between a line drawn from Bluff Point
on the southeastern side of Tiburon Peninsula to Point Campbell on the
northern edge of Angel Island, and a line drawn from Peninsula Point on
the southern edge of Tiburon Peninsula to Point Stuart on the western
edge of Angel Island. This notice of enforcement applies to the entire
regulated area.
    During the enforcement period, under the provisions of 33 CFR
100.1103(b) if you are the operator of a vessel in the regulated area
you must comply with directions from the Patrol Commander or other
Official Patrol, defined as a Federal, State, or local law enforcement
agency on scene to assist the Coast Guard in enforcing the regulated
area. During the enforcement period, if you are the operator of a
vessel that participates in the regulated area, you must follow the
parade route determined by the marine event sponsor and comply with
directions from the Patrol Commander or other Official Patrol.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice of
enforcement, a Broadcast Notice to Mariners may be used to grant
general permission to enter the regulated area.

    Dated: April 15, 2021.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-08210 Filed 4-20-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59761-59762]
[FR Doc No: 2015-25033]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14642-000]

San Diego County Water Authority, City of San Diego; Notice of
Intent To File License Application, Filing of Pre-Application Document,
and Approving Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 14642-000
    c. Date Filed: July 28, 2015
    d. Submitted By: San Diego County Water Authority and City of San
Diego
    e. Name of Project: San Vicente Pumped Storage Project
    f. Location: Located near the community of Lakeside within San
Diego County, California. The project occupies approximately 47 acres
of United States lands administered by the Miramar Marine Corps Air
Station.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations
    h. Potential Applicant Contact: 1) Frank Belock, San Diego County
Water Authority, 4677 Overland Avenue, San Diego, CA 92123; (858) 522-
6600; and 2) Robert Mulvey, City of San Diego, Public Utilities
Department, 9192 Topaz Way, San Diego, CA 92123-1117;<PHONE_NUMBER>.
    i. FERC Contact: Claire McGrath at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. The San Diego County Water Authority and City of San Diego filed
their request to use the Traditional Licensing Process on July 28,
2015. The San Diego County Water Authority and City of San Diego
provided public notice of their request on July 28, 2015. In a letter
dated September 28, 2015, the Director of the Division of Hydropower
Licensing approved the San Diego County Water Authority and City of San
Diego's request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service under section 7 of the Endangered
Species Act and the joint agency regulations thereunder at 50 CFR part
402. We are also initiating consultation with the California State
Historic Preservation Officer, as required by section 106, National
Historic Preservation Act, and the implementing regulations of the
Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating the San Diego County Water
Authority

and City of San Diego as the Commission's non-federal representatives
for carrying out informal consultation pursuant to section 7 of the
Endangered Species Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. The San Diego County Water Authority and City of San Diego filed
a Pre-Application Document (PAD; including a proposed process plan and
schedule) with the Commission, pursuant to 18 CFR 5.6 of the
Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing
and issuances related to this or other pending projects. For
assistance, contact FERC Online Support.

    Dated: September 28, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-25033 Filed 10-1-15; 8:45 am]
 BILLING CODE 6717-01-P