Sec. 12. State primary enforcement responsibility
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/bill/118/s/1449/is/section-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1422(b) of the Safe Drinking Water Act ( 42 U.S.C. 300h–1(b) ) is amended— in paragraph (2)— by striking
(2)Within ninety days and inserting the following: Within 90 days ; in subparagraph
(A)(as so designated), by striking and after reasonable opportunity for presentation of views ; and by adding at the end the following: In this subparagraph, the term Class VI well means a well described in section 144.6(f) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph). If, 180 calendar days after the date on which a State’s application is submitted under paragraph (1)(A) or notice is submitted under (1)(B), the Administrator has not, pursuant to subparagraph (A), by rule approved, disapproved, or approved in part and disapproved in part the underground injection control program of the State for Class VI wells, the Administrator shall submit to the State, in writing, a detailed explanation as to the status of the application or notice. The underground injection control program of a State for Class VI wells shall be deemed to be approved if— by the date that is 30 days after the end of the 180-day period described in clause (ii), the Administrator has not by rule approved, disapproved, or approved in part and disapproved in part the underground injection control program of the State for Class VI wells; and the State has established and implemented a primary enforcement authority program for 1 or more classes of underground injection control wells (including adequate recordkeeping and reporting) to prevent underground injection that endangers drinking water sources. The Administrator shall not condition the processing or approval of a State's application under paragraph (1)(A) or notice under paragraph (1)(B) for a primary enforcement authority program for Class VI wells on the addition or revision of any other program, including any primary enforcement authority program for 1 or more classes of underground injection control wells that are not Class VI wells. ; by striking paragraph
(4)and inserting the following: Before promulgating any rule under paragraph
(2)or
(3)of this subsection, the Administrator shall— provide a reasonable opportunity for presentation of views with respect to that rule, including a public hearing and a public comment period; and publish in the Federal Register notice of the reasonable opportunity for presentation of views provided under subparagraph (A). ; and by adding at the end the following: The Administrator shall work as expeditiously as possible with States to complete any necessary activities relevant to the submission of an application under paragraph (1)(A) or notice under paragraph (1)(B). Not later than 90 days after the date of enactment of this paragraph, the Administrator shall submit to the appropriate congressional committees a report, including recommendations, regarding the availability of staff and resources to promptly carry out the Class VI wells (as defined in paragraph (2)(B)(i)) program. In this paragraph, the term appropriate congressional committees means— in the Senate— the Committee on Environment and Public Works; and the Committee on Appropriations; and in the House of Representatives— the Committee on Energy and Commerce; and the Committee on Appropriations. . The amendments made by this section apply to all applications submitted to the Environmental Protection Agency after the date of enactment of this Act to establish an underground injection control program under section 1422(b) of the Safe Drinking Water Act ( 42 U.S.C. 300h–1(b) ). With respect to any applications described in paragraph
(1)submitted prior to the date of enactment of this Act, the 180-day and 210-day deadlines established under clauses
(ii)and (iii), respectively, of section 1422(b)(2)(B) of the Safe Drinking Water Act ( 42 U.S.C. 300h–1(b)(1)(B) ) (as added by subsection (a)(1)(C)) shall begin on the date of enactment of this Act.
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- 42 USC 300h–1(b)
- 42 USC 300h–1(b)(1)(B)
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cites case law
Sec. 12
State primary enforcement responsibility
Cite42 USC 300h–1(b)
Cite42 USC 300h–1(b)(1)(B)
Cites 2Cited by 0 across 0 sources