Title 42, The Public Health and WelfareRelease 119-110

§300h–1 State Primary Enforcement Responsibility

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XII — SAFETY OF PUBLIC WATER SYSTEMS › Part C — Protection of Underground Sources of Drinking Water › § 300h–1

Last updated Sep 22, 2026|Official source

Summary

The Administrator must, within 180 days after December 16, 1974, list each State that might need a State underground injection control program to protect drinking water. A State on that list must, within 270 days after a related regulation is issued (or within 270 days after it is first listed, whichever is later), send an application showing it has adopted and will run a program that meets the rules and will keep records and reports the Administrator requires. The Administrator can extend that deadline by up to another 270 days for good cause. If a regulation is later changed, the State has 270 days to notify the Administrator that it meets the new rules. Within 90 days after getting a State’s application or notice, and after the public has a chance to speak, the Administrator will approve, disapprove, or partly approve the State program. If approved, the State has the primary enforcement role until the Administrator finds it no longer meets the requirements. The Administrator must offer a public hearing before making such approval or disapproval rules. If the Administrator disapproves a State program, finds a State no longer meets the requirements, or a State misses the deadlines, the Administrator must create a program for that State within 90 days. That federal program cannot block oil or gas production or storage injections, or injections used for secondary or tertiary oil or gas recovery, unless those limits are needed to protect drinking water. “Applicable underground injection control program” means either the State program the Administrator approved or the program the Administrator put in place. An Indian Tribe may take on the primary enforcement role under the Administrator’s rules and does not have to be listed or meet the 270-day filing deadline. If no program exists for a Tribe, the Administrator must set one up within 270 days after June 19, 1986, unless the Tribe first gets approval to take over.

Full Legal Text

Title 42, §300h–1

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

(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) 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)) 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) 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), if the Administrator determines under subsection (b)(3) that a State no longer meets the requirements of clause (i) or (ii) of subsection (b)(1)(A), or if a State fails to submit an application or notice before the date of expiration of the period specified in subsection (b)(1), 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), or (2) which has been prescribed by the Administrator under subsection (c).
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (c)(1). Pub. L. 99–339, § 201(a), inserted “or natural gas storage operations, or” after “production”. Subsec. (e). Pub. L. 99–339, § 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300h–1

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110