Page:United States Statutes at Large Volume 88 Part 2.djvu/360

 1676

Notice and hearing.

"Underground injection."

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

" (D) the Administrator determines the temporary permits require the use of adequate safeguards established by rules adopted by him. "(2) The Administrator may. upon application of the Governor of a State which a\ithorizes underground injection by means of permits, authorize such State to issue (without regard to subsection (b)(1)(B) (i)), 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 particular fluid and which may be effective until the expiration of four years after the date of enactment of this title, if the State finds, on the record of such hearing— " (A) that technology (or other means) to permit safe injection of the fluid in accordance with the applicable underground injection control program is not generally available (taking costs into consideration); "(I^) 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 injection on the public health. " (d) For purposes of this part: "(1) The term 'underground injection' means the subsurface emplacement of fluids by well injection. "(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 presence of such contaminant may result in such system's not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons. ' S T A T E riliMARY ENFORCEMENT RESPONSIBILITY

Publication in Federal Register. 42 USC 300h.l.

Recordkeeping. Notice to Administrator.

"SEC. 1422. (a) Within 180 days after the date of enactment of this title, 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)(1)(A) Each State listed under subsection (a) shall within 270 days after the date of pronmlgation of any regulation under section 1421 (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 I'equirements of regulations in effect under section 1421; 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. " (B) Within 270 days of any amendment of a regulation under section 1421 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 Administra-

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