
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300h-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
       Part C--Protection of Underground Sources of Drinking Water
 
Sec. 300h-1. 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 
list in the Federal Register each State for which in his judgment a 
State underground injection control program may be necessary to assure 
that underground injection will not endanger drinking water sources. 
Such list may be amended from time to time.

(b) State applications; notice to Administrator of compliance with 
        revised or added requirements; approval or disapproval by 
        Administrator; duration of State primary enforcement 
        responsibility; public hearing

    (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 Administrator that the State--
        (i) has adopted after reasonable notice and public hearings, and 
    will implement, an underground injection control program which meets 
    the requirements of regulations in effect under section 300h of this 
    title; and
        (ii) will keep such records and make such reports with respect 
    to its activities under its underground injection control program as 
    the Administrator may require by regulation.

The Administrator may, for good cause, extend the date for submission of 
an application by any State under this subparagraph for a period not to 
exceed an additional 270 days.
    (B) Within 270 days of any amendment of a regulation under section 
300h of this title revising or adding any requirement respecting State 
underground injection control programs, each State listed under 
subsection (a) of this section shall submit (in such form and manner as 
the Administrator may require) a notice to the Administrator containing 
a showing satisfactory to him that the State underground injection 
control program meets the revised or added requirement.
    (2) Within ninety days after the State's application under paragraph 
(1)(A) or notice under paragraph (1)(B) and after reasonable opportunity 
for presentation of views, the Administrator shall by rule either 
approve, disapprove, or approve in part and disapprove in part, the 
State's underground injection control program.
    (3) If the Administrator approves the State's program under 
paragraph (2), the State shall have primary enforcement responsibility 
for underground water sources until such time as the Administrator 
determines, by rule, that such State no longer meets the requirements of 
clause (i) or (ii) of paragraph (1)(A) of this subsection.
    (4) Before promulgating any rule under paragraph (2) or (3) of this 
subsection, the Administrator shall provide opportunity for public 
hearing respecting such rule.

(c) Program by Administrator for State without primary enforcement 
        responsibility; restrictions

    If the Administrator disapproves a State's program (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 subsection (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 subsection (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 State meeting the requirements of section 
300h(b) of this title. Such program may not include requirements which 
interfere with or impede--
        (1) the underground injection of brine or other fluids which are 
    brought to the surface in connection with oil or natural gas 
    production or natural gas storage operations, or
        (2) any underground injection for the secondary 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. Such 
program shall apply in such State to the extent that a program adopted 
by such State which the Administrator determines meets such requirements 
is not in effect. Before promulgating any regulation under this section, 
the Administrator shall provide opportunity for public hearing 
respecting such regulation.

(d) ``Applicable underground injection control program'' defined

    For purposes of this subchapter, the term ``applicable underground 
injection control program'' with respect to a State means the program 
(or most recent 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.

(e) Primary enforcement responsibility by Indian Tribe

    An Indian Tribe may assume primary enforcement responsibility for 
underground injection control under this section consistent with such 
regulations as the Administrator has prescribed pursuant to this part 
and section 300j-11 of this title. The area over which such Indian Tribe 
exercises governmental jurisdiction need not have been listed under 
subsection (a) of this section, and such Tribe need not submit an 
application to assume primary enforcement responsibility within the 270-
day deadline noted in subsection (b)(1)(A) of this section. Until an 
Indian Tribe assumes primary enforcement responsibility, the currently 
applicable underground injection control program shall continue to 
apply. If an applicable underground injection control program does not 
exist for an Indian Tribe, the Administrator shall prescribe such a 
program pursuant to subsection (c) of this section, and consistent with 
section 300h(b) of this title, within 270 days after June 19, 1986, 
unless an Indian Tribe first obtains approval to assume primary 
enforcement responsibility for underground injection control.

(July 1, 1944, ch. 373, title XIV, Sec. 1422, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1676; amended Pub. L. 95-190, 
Sec. 6(a), Nov. 16, 1977, 91 Stat. 1396; Pub. L. 99-339, title II, 
Sec. 201(a), title III, Sec. 302(c), June 19, 1986, 100 Stat. 653, 666.)


                               Amendments

    1986--Subsec. (c)(1). Pub. L. 99-339, Sec. 201(a), inserted ``or 
natural gas storage operations, or'' after ``production''.
    Subsec. (e). Pub. L. 99-339, Sec. 302(c), added subsec. (e).
    1977--Subsec. (b)(1)(A). Pub. L. 95-190 inserted provisions relating 
to extension of date for submission of applications by any State.

                  Section Referred to in Other Sections

    This section is referred to in sections 300h, 300h-2, 300h-4, 300j-
2, 6924 of this title.
