§300h–4 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Allows a state to get federal approval for the part of its underground injection program that deals with brine or other fluids from oil or natural gas production or storage, and for injections used to boost oil or gas recovery. If EPA changes its rules about those injections, a state that made this showing can instead prove its program meets the four listed federal requirements and works to protect drinking water, including keeping records and reporting. One federal provision won't apply to approved parts. Once approved, the state enforces those parts until EPA makes a rule saying the demonstration is no longer valid. EPA must offer a public hearing before making that rule.

Title 42, §300h–4

The Public Health and Welfare — Source: USLM XML via OLRC

(a)For purposes of the Administrator’s approval or disapproval under section 300h–1 of this title of that portion of any State underground injection control program which relates to—

(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,

(b)If the Administrator revises or amends any requirement of a regulation under section 300h of this title relating to any aspect of the underground injection referred to in subsection (a), in the case of that portion of a State underground injection control program for which the demonstration referred to in subsection (a) has been made, in lieu of the showing required under section 300h–1(b)(1)(B) of this title the State may demonstrate that, with respect to that aspect of such underground injection, the State program meets the requirements of subparagraphs (A) through (D) of section 300h(b)(1) of this title and represents an effective program (including adequate recordkeeping and reporting) to prevent underground injection which endangers drinking water sources.

(c)(1)section 300h–1(b)(3) of this title shall not apply to that portion of any State underground injection control program approved by the Administrator pursuant to a demonstration under subsection (a) of this section (and under subsection (b) of this section where applicable).

(2)If pursuant to such a demonstration, the Administrator approves such portion of the State program, the State shall have primary enforcement responsibility with respect to that portion until such time as the Administrator determines, by rule, that such demonstration is no longer valid. Following such a determination, the Administrator may exercise the authority of subsection (c) of section 300h–1 of this title in the same manner as provided in such subsection with respect to a determination described in such subsection.

(3)Before promulgating any rule under paragraph (2), the Administrator shall provide opportunity for public hearing respecting such rule.

Editorial Notes

Amendments

1986—Subsec. (a)(1). Pub. L. 99–339 inserted “or natural gas storage operations, or” after “production”.

§300h–4 Optional demonstration by States relating to oil or natural gas

Summary

Title 42, §300h–4

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata