854 



injection on the public health. 



(d) "Underground injection" defined; underground 

 injection endaneerment of drinking water sources. 



For purposes of this part : 



(1) The term "underground injection" means 

 the subsurface emplacement of fluids by well in- 

 jection. 



(2) Underground injection endangers drinking 

 water sources if such injection may result in the 

 presence in underground water which supplies or 

 can reasonably be expected to supply any public 

 water system of any contaminant, and if the pre- 

 sence of such contaminant may result in such 

 system's not complying with any national primary 

 drinking water regulation or may othei-wise ad- 

 versely affect the health of persons. 



(July 1, 1944, ch. 373, title XIV, S 1421, as added 

 Dec. 16, 1974, Pub. L. 93-523, § 2(a), 88 Stat. 1674.) 



§ 3(K)h-l. State primary enforcement responsibility. 



(a) List of .States in need of a control program; 

 amendment of list. 



Within 180 days after December 16, 1974, the 

 Administrator shall li.st in the Federal Register each 

 State for which in his judgment a State under- 

 ground injection control program may be necessary 

 to assure that underground injection will not en- 

 danger drinking water sources. Such list may be 

 amended from time to time. 



'h) S'^ato -ipolications; notice to Administrator of 

 co'"p''?nce with levised or added requirements; 

 approval ov disapproval by .Administrator; dura- 

 tion of ^ti'te primary enforcement responsibility; 

 puhl'c henrinR. 



(1)(A) Each State listed under subsection (a) of 

 this section shall within 270 days after the date of 

 promulgation of any regulation under section 300h 

 of this title (or. if later, within 270 days after such 

 State is first listed under subsection (a) of this 

 .section) submit to the Administrator an application 

 which, contains a showing satisfactory to the Ad- 

 ministrator that the State — 



(i) has adopted after reasonable notice and 

 public hearings, and will implement, an under- 

 ground in.iection control program which meets 

 the requirements of regulations in effect under 

 .section 30nh of this title; and 



(ii) will keep such records and make such re- 

 ports with respect to its activities under its 

 under^rround injection control program as the 

 Administrator may require by regulation. 

 (B) Within 270 days of any amendment of a 

 rcsulRtion u-^der section 300h of this title revising 

 or adding any requirement respecting State under- 

 ernund injection control programs, each State listed 

 under subsection (a) of this section shall submit (in 

 such form and manner as the Administrator may 

 renuire) a notice to the Administrator containing 

 a showinsT ^satisfactory to him that the State under- 

 frround inipction control program meets the revised 

 or added renulrement. • 



(2) Within ninety days after the State's applica- 

 tion under paragraph (1) (A) or notice under para- 



graph (1)(B) and after reasonable opportunity for 

 presentation of views, the Administrator shall by 

 rulo pither approve, disapprove, or approve in part 

 and disapprove in part, the State's underground in- 

 iection control program. 



(3) If the Administrator approves the State's 

 program under paragraph (2), the State shall have 

 primary enfor'-errpnt responsibility for underground 

 watpr sources until such time as the Administrator 

 dpterm.ines, by rule, that such State no longer meets 

 thp renuirements of clause (i) or (ii) of paragraph 

 (1) (A) of this sub.section. 



(4) Before promulgating any rule under para- 

 graph (2) or (3) of this subsection, the Adminis- 

 t-ator .shall provide opportunity for public hearing 

 respecting such rule. 



(") Program hv Administrator for State without pri- 

 T>i-.rv c"ff>rro^"nt rps"onsihility: restrictions. 



If the Administrator disapproves a State's pro- 

 (xnm (or part thereof) under subsection (b)(2) of 

 this section, if the Administrator determines under 

 subsection (b) (3) of this .section that a State no 

 longer meets the requirements of clause (i) or (ii) of 

 suhsection (b)(1)(A) of this section, or if a State 

 fails to submit an application or notice before the 

 date of expiration of the period specified in subsec- 

 tion (b) (1) of this section, the Administrator shall 

 by regulation within 90 days after the date of such 

 disapproval, determination, or expiration (as the 

 case may be) prescribe (and may from time to time 

 by regulation revise) a program applicable to such 

 Str.te meeting the requirements of section 300h(b) 

 of this title. Such program may not include require- 

 ments which interfere with or impede — 



(1) the underground injection of brine or other 

 fluids which are brought to the surface in con- 

 nection with oil or natural gas production, or 



(2) any underground injection for the second- 

 ary or tertiary recover yof oil or natuial sas, 



unless such requirements are essential to assure 

 that underground sources of drinking water will net 

 be endangered by such injection. Such program shall 

 apply in such State to the extent that a program 

 adopted by such State which the Administrator de- 

 termines meets such requirements is not in effect. 

 Before promulgating any regulation under this sec- 

 tion, the Administrator sha:l provide opportu.nity 

 for public hearing respecting such regulation. 



(d) "Applicable underground injection control pior 

 gram" defined. 



For purposes of this subchapter, the term "appli- 

 cable luiderground injection control program" with 

 respect to a State means the program (or most re- 

 cent amendment thereof) (1) which has been 

 adopted by the State and which has been approved 

 under subsection (b) of this section, or (2) which 

 has been prescribed by the Administrator under 

 subsection (c) of this section. (July 1, 1914. ch. 373, 

 title XIV, § 1422, as added Bee. 16, 1974, Pub. L. 93X 

 523. § 2(a), 88 Stat. 1676.) 



Section Referred to in Other Sections 

 This section Is referred to in sections 300h, 300h-2, 

 300J-2, aOOj-l of this title. 



