Underground Injection Control Primacy Application Information

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) – Oil, Gas, and Minerals Division (OGMD) has submitted an application to the United States Environmental Protection Agency (US EPA) to assume primacy for the regulation of Class II injection wells pursuant to Section 1425 of the Safe Drinking Water Act (SDWA).  Federal Authorization of Michigan’s Underground Injection Control (UIC) Class II well program will allow the EGLE to have delegated regulatory authority for the issuance of Class II injection well permits and for the enforcement of the Class II well UIC program requirements in Michigan. Class II wells inject oil and gas waste fluids (brine) or inject fluids for the purpose of enhancing recovery of hydrocarbons. Class II wells are currently dually permitted by both EGLE and the US EPA.

The US EPA has posted the official docket of the UIC Class II well primacy application on regulations.gov and are accepting public comments on this proposal through June 5, 2020.

In order to receive primacy, Michigan must demonstrate to the US EPA that its UIC program is equally effective in preventing pollution of all Underground Sources of Drinking Water (USDW). There are approximately 1,250 active Class II injection wells in Michigan. Over half of these wells are used for brine disposal and the remainder are wells used for enhanced recovery.

The State of Michigan is well equipped for Class II well primacy. EGLE staff understand state specific geography, geology, cultural, climatic, social, and economic issues. Michigan’s oil and gas program, Part 615, Supervisor of Wells, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, and the administrative rules, will provide a single regulatory scheme and will eliminate dual regulation of Class II wells. In fact, Part 615 provides additional protections and authority over surface location and activities that are outside of the purview of the SDWA. The OGMD has district offices throughout the state with degreed geologists and engineers providing oversight of well permitting, construction, operation, and abandonment. The State of Michigan’s record of accomplishment for excellent environmental protection and regulation for Class II wells will continue under delegated authority, and EGLE will continue to provide good customer service to the regulated community and public.

See the State of Michigan Underground Injection Control Program Primacy Application for more information.

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