Page:United States Statutes at Large Volume 88 Part 2.djvu/361

 88 STAT. ]

PUBLIC LAW93-523-DEC. 16, 1974

1671

tor 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) Hearing. of this subsection, the Administrator shall provide opportunity for public hearing respecting such rule. "(c) 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. 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 1421(b). 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 "(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 regula- Hearing. tion under this section, the Administrator shall provide opportunity for public hearing respecting such regulation. "Applicable un." (d) For purposes of this title, the term 'applicable underground derground injecinjection control program' with respect to a State means the program tion control (or most recent amendment thereof)(1) which has been adopted program." by the State.and which has been approved under subsection (b), or (2) which has been prescribed by the Administrator under subsection (c). FAILURE OF STATE TO ASSURE ENFORCEMENT OF PROGRAM

"SEC. 1423. (a)(1) Whenever the Administrator finds during a period during which a State has primary enforcement responsibility for underground water sources (Mathin the meaning of section 1422 (b)(3)) that any person who is subject to a requirement of an applicable underground injection control program in such State is violating such requirement, he shall so notify the State and the person violating such requirement. If the Administrator finds such failure to comply extends beyond the thirtieth day after the date of such notice, he shall give public notice of such finding and request the State to report

42 USC 300h.2.

Notice to State and violator. Public notice.

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