853 



1944, ch. 373, title XTV, S 1416, as added Dec. 16, 1974, 

 Pub. L. 93-523, § 2(a; , 88 Stat. 1672.) 



Part C. — Protection on Underground Sources of 

 Drinking Water 



§ 300h. Regulations for State programs. 



(a) Publication of proposed regulations; promulga- 

 tion; amendments; public hearings; administra- 

 tive consultations. 



(1) The Administrator shall publish proposed 

 regulations for State underground injection control 

 programs within 180 days after December 16, 1974. 

 Within 180 days after publication of such proposed 

 regulations, he shall promulgate such regulations 

 with such modifications as he deems appropriate. 

 Any regulation under this subsection may be 

 amended from time to time. 



(2) Any regulation under this section shall be 

 proposed and promulgated In accordance with sec- 

 tion 553 of Title 5 (relating to rulemaking), except 

 that the Administrator shall provide opportunity 

 for public hearing prior to promulgation of such 

 regulations. In proposing and promulgating regula- 

 tions under this section the Administrator shall 

 consult with the Secretary, the National Drinking 

 Water Advisory Council, and other appropriate 

 Federal entities and with interested State entities. 



(b) Minimum requirements; restrictions. 



(1) Regulations under subsection (a) of this 

 section for State underground injection programs 

 shall contain minimum requirements for effective 

 programs to prevent underground injection which 

 endangers drinUng water sources within the mean- 

 ing of subsection (d) (2) of this section. Such regu- 

 lations shall require that a State program, in order 

 to be approved imder section 300h-l of this title — 



(A) shall prohibit, effective three years after 

 December 16, 1974, any underground Injection in 

 such State which is not authorized by a permit 

 Issued by the State (except that the regulations 

 may permit a State to authorize underground 

 injection by rule) ; 



(B) shall require (1) In the case of a program 

 which provides for authorization of underground 

 injection by permit, that the applicant for the 

 permit to Inject must satisfy tlie State that the 

 underground injection will not endanger drinking 

 water sources, and (11) In the case of a program 

 which provides for such an authorization by rule, 

 that no rule may be promulgated which au- 

 thorizes any underground injection which en- 

 dangers drinking water sources; 



<C) shall Include inspection, monitoring, rec- 

 ordkeeping, and reporting requirements ; and 



(D) shall apply (I) as prescribed by section 

 300J-6 (b) of this title, to underground injections 

 by Federal agencies, and (ID to underground in- 

 jections by any other person whether or not oc- 

 curring on property owned or leased by the United 

 States. 



(2) Regulations of the Administrator under this 



section for State underground Injection control 

 programs may not prescribe requirements which 

 Interfere with or Impede — 



(A) the underground Injection of brine or 

 other fluids which are brought to the surface in 

 connection with oil or natural gas production, or 



(B) any underground injection for the second- 

 ary or tertiary recovery of oil or natural gas, 



unless such requirements are essential to assure that 

 underground sources of drinking water will not be 

 endangered by such Injection. 



(c) Temporary permits; notice and hearing. 



(1) The Administrator may, upon application of 

 the Governor of a State which authorizes under- 

 ground Injection by means of permits, authorize 

 such State to Issue (without regard to subsection 

 (b) (1) (B) (1) of this section) temporary permits for 

 underground Injection which may be effective until 

 the, expiration of four years after December 16, 

 1974, if— 



(A) the Administrator finds that the State has 

 demonstrated that It is unable and could not 

 reasonably have been able to process all permit 

 applications within the time available: 



(B) the Administrator determines the adverse 

 effect on the environment of such temporary 

 permits Is not unwarranted; 



(C) such temporary permits will be Issued only 

 with resi)ect to Injection wells In operation on the 

 date on which such State's permit pi'cgram ap- 

 proved under this part first tnkes effect and for 

 which there was inadequate time to process its 

 permit application; and 



(D) the Administrator determines the tem- 

 porary permits require the use of adequate safe- 

 guards established by rules adopted by him. 



(2) The Administrator may. upon application of 

 the Governor of a Stats which autborizps under- 

 ground injection by means of permits, authorize 

 such State to issue (without regard to subsection 

 (b) (1) (B) (i) of this section^, but after reasonable 

 notice and hearing, one or more temporary permits 

 each of which is applicable to a particular injection 

 well and to the underground injection of a par- 

 ticular fluid and which may be effective until the 

 expiration of four years after December 16, 1974, if 

 the State finds, on the record of such hearing — 



(A) that technology (or other means) to per- 

 mit safe injection of the fluid in accordance with 

 the applicable underground injection control pro- 

 gram is not generally available 'taking costs into 

 consideration) ; 



(B) that injection of the fluid would be less 

 harmful to health than the use of other available 

 means of disposing of waste or producing the 

 desired product; and 



(C) that available technology or other means 

 have been employed (and will be employed) to 

 reduce the volume and toxicity of the fluid and 

 to minimize the potentially adverse effect of the 



