The UIC Program for Class I, III, IV, and V wells in the State of North Dakota, except those located on Indian lands, as defined under 40 CFR 144.3 , is the program administered by the North Dakota Department of Environmental Quality, approved by the EPA pursuant to section 1422 of the SDWA. Notification of this approval was published in the FEDERAL REGISTER on April 15, 2019; the program is effective May 15, 2019. The UIC Program for Class VI wells in the State of North Dakota, except those located on Indian lands, is the program administered by the North Dakota Industrial Commission (NDIC), approved by the EPA pursuant to section 1422 of the SDWA. Notification of this approval was published in the FEDERAL REGISTER on April 24, 2018; the effective date of the NDIC UIC Class VI program is April 24, 2018. The State-administered UIC programs for Classes I, III, IV, V, and VI consist of the following elements, as submitted to the EPA in the State's program applications.
Table 1 to Paragraph (a)-EPA-Approved North Dakota SDWA Section 1422 Underground Injection Control Program Statutes and Regulations for Well Classes I, III, IV, V and VI
State citation | Title/subject | State effective date | EPA approval date |
North Dakota Century Code Sections 38-12-01 through 38-12-03 | Regulation, Development and Production of Subsurface Minerals | 1980 | September 21, 1984, 49 FR 37066. |
North Dakota Century Code Sections 61-28-02 and 61-28-06 | Control, Prevention and Abatement of Pollution of Surface Waters | 1989 | March 6, 1991, 56 FR 9418. |
North Dakota Century Code Sections 61-28.1-01 and 61-28.1-12 | Safe Drinking Water Act | 2019 | April 15, 2019, 84 FR 15119. |
North Dakota Administrative Code Sections 33.1-25 -01-01 through 33.1-25-01-18 | Underground Injection Control Program | 2019 | April 15, 2019, 84 FR 15119. |
North Dakota Administrative Code Sections 43-02-02-01 through 43-02-02-50 | Subsurface Mineral Exploration and Development | 1986 | March 6, 1991, 56 FR 9418. |
North Dakota Administrative Code Sections 43-02-02.1-01 through 43-02-02.2-19 | Underground Injection Control Program | 1984 | September 21, 1984, 49 FR 37066. |
North Dakota Century Code Sections 38-22-01 through 38-22-23 | Carbon Dioxide Underground Storage | 2009 | April 24, 2018, 83 FR 17761. |
North Dakota Administrative Code Sections 38-08-16 and 38-08-17 | Control of Oil and Gas Resources | 2013 | April 24, 2018, 83 FR 17761. |
North Dakota Administrative Code Sections 43-05-01-01 through 43-05-01-20 | Geologic Storage of Carbon Dioxide | 2013 | April 24, 2018, 83 FR 17761. |
40 C.F.R. §147.1751