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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 300h4 Optional demonstration by States relating to oil or natural gas us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300h4 42 U.S.C. § 300h4 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300h4 data/legal/raw/us/code/title-42/usc42.xml 4c84fd8e9a54225bcfb2a77078f1c116c381abd572b3675fef1cd4c7bc3adfa2 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 42cbbd72cf254ae85bf1de81dc1b8e1b9f26b3679d39b8072f0edd1250f8eb65 2026-07-04 official
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42 U.S.C. § 300h4 - Optional demonstration by States relating to oil or natural gas

Text

(a) Approval of State underground injection control program; alternative showing of effectiveness of program by State For purposes of the Administrators approval or disapproval under section 300h1 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,

in lieu of the showing required under subparagraph (A) of section 300h1(b)(1) of this title the State may demonstrate that such portion of 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.

(b) Revision or amendment of requirements of regulation; showing of effectiveness of program by State 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 300h1(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) Primary enforcement responsibility of State; voiding by Administrator under duly promulgated rule (1) Section 300h1(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 300h1 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.

(July 1, 1944, ch. 373, title XIV, § 1425, as added Pub. L. 96502, § 2(a), Dec. 5, 1980, 94 Stat. 2737; amended Pub. L. 99339, title II, § 201(a), June 19, 1986, 100 Stat. 653.)

Notes

Editorial Notes

Amendments1986—Subsec. (a)(1). Pub. L. 99339 inserted “or natural gas storage operations, or” after “production”.