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The UIC Work We Do
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The UIC program works nationwide and where you live to ensure that underground injection wells do not endanger your drinking water. The work we do in Region 5 covers Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin, and any tribal lands within these states. See State Contacts & Partnerships or Organization & Staff Contacts for specific contact information.
- Transfer of Federal UIC Authority to States
- Assisting & Monitoring Approved State Programs
- Regulating Where States Don't Have Approved Programs
- Exempting Eligible Aquifers from UIC Program Protection
- Bringing Regional UIC Perspective to Other Efforts
Transfer of Federal UIC Authority to States
Federal authority can transfer to a state as a primacy program. Primacy programs regulate injection wells in their own states and are eligible to receive Federal funds annually to help cover regulation costs. When states do not apply for and receive primacy, program operation defaults to the EPA as a Direct Implementation (DI) program. Under this scenario, EPA coordinates efforts with its state counterparts and works with them toward eventually obtaining primacy if they so choose. The following is a breakdown of who implements the UIC program in Region 5 states.
- Illinois: This is a primacy state for all well classes. The Illinois EPA regulates Class I, III, IV, and V wells and the Illinois DNR regulates Class II wells.
- Indiana: This is a joint implementation state. USEPA regulates Class I, III, IV, and V wells and the Indiana DNR regulates Class II wells. The Indiana Department of Environmental Management has not expressed interest in primacy for Class I, III, IV, and V wells.
- Michigan: This is a direct implementation state. The USEPA regulates all classes of wells found in this state. The Michigan DEQ has not expressed interest in primacy for Class I, III, IV, and V wells. The Michigan DNR has not expressed interest in primacy for Class II wells.
- Minnesota: This is a direct implementation state. The USEPA regulates all classes of wells found in these states. The Minnesota Department of Public Health has at various times expressed interest in obtaining primacy but efforts have been delayed due to lack of resources. Currently, only Class V wells exist in Minnesota.
- Ohio: This is a primacy state for all classes of wells. The Ohio EPA regulates Class I, IV, and V wells and the Ohio DNR regulates Class II wells and under agreement with the Ohio EPA all Class III wells.
- Wisconsin: This is a primacy state for all classes of wells. The Wisconsin DNR regulates all well classes found in the state.
EPA follows specific procedures to approve, revise, and, when deemed necessary, withdraw primacy. Regional offices review applications from the states within their Region and get complete applications to EPA headquarters for a final determination. After final approval of a state program, EPA monitors state programs year-to-year and revise or update primacy documents as needed, such as when program changes occur. State program approval remains in effect until EPA withdraws the program. Program withdrawal is used when states are not in compliance with their primacy agreement. Such action has only been initiated twice in Illinois but never finalized. In these instances, USEPA was able to negotiate an agreement outlining the circumstances under which the state would continue primacy.
Unlike Section 1422 and 1425 of the SDWA, congress did not intend for states to implement Sections 1427 and 1428. Section 1427 is the authority to issue land ban exemptions. Section 1428 is the authority to issue aquifer exemptions. EPA carries out these responsibilities at the federal level in all states and on all tribal lands.
Assisting and Monitoring Approved State Programs
Sections 1422 and 1425 of the SDWA authorize EPA to transfer Federal regulatory authority for the UIC Program to states. This transfer is called delegation of primacy. (See Delegation of Authority to the States). State agencies with primacy run their own programs and are eligible to receive Federal grant dollars annually to cover their operating costs. EPA awards funding to states for their UIC program under the Federal grant process. EPA works with primacy states throughout this process to assure that they are successful in protecting USDWs in a manner consistent with their primacy agreement. EPA also works to assure that states spend Federal grant dollars wisely. To provide these assurances, EPA monitors primacy state programs while at the same time building and maintaining partnerships with them based on mutual trust and respect.
The Region 5 oversight system for UIC primacy programs consists of six primary elements which are (1) negotiation, approval, and monitoring of annual continuing state environmental program applications, grants, workplans, and agreements; (2) coordination with the state on emerging national program issues, rule development, and policy making decisions; (3) reviewing and tracking of state submitted reporting data and documentation; (4) providing technical and program assistance based on state-specific needs (such as help with permitting, compliance, and enforcement efforts); (5) informal annual discussions with the state concerning program status; and (6) formal comprehensive on-site state program evaluations. Periodically, the Branch organizes training sessions and meetings for Region 5 UIC programs to come together for technical exchange and sharing of information.
When state UIC programs are unable to meet the requirements of their primacy agreement, the EPA can initiate action to withdraw primacy. Such action has only been initiated twice in Illinois but never finalized. In these instances, EPA was able to negotiate an agreement with the state outlining the circumstances under which the state would continue primacy.
Regulating Where States Don't Have Approved Programs
When states do not apply for and receive primacy to operate its own UIC program, EPA develops and operates a UIC program at the Federal level as Direct Implementation. EPA directly implements a UIC program in Indiana for Class I, III, IV, and V wells, in Michigan for all well classes, and in Minnesota for all well classes. Responsibilities for regulating these wells include reviewing permit applications, issuing decisions to grant or deny permits, reviewing well monitoring reports, reviewing and assessing well test results, conducting inspections, identifying violations of permit conditions or regulatory requirements, and taking appropriate enforcement action against violators. Problem shallow disposal systems, also known as Class V Wells, are a priority for EPA with focus on the inventory and closure of motor vehicle waste disposal wells (MVWDWs) and large capacity cesspools. A large portion of UIC program resources are dedicated for outreach and education, compliance assistance, joint projects, and leveraging other pollution prevention and ground water protection efforts and initiatives.
Exempting Eligible Aquifers from UIC Program Protection
An entire aquifer or a portion of an aquifer can be exempted from protection under the UIC program if it meets the following criteria: (1) it does not currently serve as a source of drinking water; or (2) it cannot or will not serve as a source of drinking water in the future. Granting such exemptions is a Federal authority that remains the responsibility of the EPA to carry-out in all states. Under this responsibility, we must review and approve or deny all requests for aquifer exemptions within Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin and on all tribal lands within these states. In Region 5, EPA has approved 14 such exemptions and several are pending.
Bringing Regional UIC Perspective to Other Efforts
We are a central point of contact on issues that pertain to overall injection well activities in Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. We ensure that regional specific issues get considered in the development of national regulations, policy, and technical guidance. We also bring this regional perspective and expertise to national workgroups and discussions on emerging issues such as carbon sequestration, aquifer storage and recovery, and disposal of drinking water treatment residuals and also to more routine efforts such as developing education and outreach materials and improving program data management and reporting. Through various mechanisms, we seek out ways to coordinate with other programs and initiatives to incorporate UIC program goals where practical and where maximizing and leveraging resources is possible. We convene technical forums, training, and conferences for states, tribes, and local governments and organizations and have hosted similar national activities. We ensure UIC concerns get incorporated into various other Regional programs and initiatives, including: community-based planning and implementation with emphasis on ground water and watershed protection, pollution prevention and risk reduction, Great Lakes initiatives, several Ground Water programs, Federal facilities compliance, source water protection and multi-media/geographic/enforcement initiatives.