Sec. 1425. optional demonstration by states relating to oil or natural gas

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## Sec. 1425 optional demonstration by states relating to oil or natural gas ###

(a)For purposes of the Administrator's approval or disapproval under section 1422 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 1422(b)(1) the State may demonstrate that such portion of the State program meets the requirements of subparagraphs

(A)through

(D)of section 1421(b)(1) and represents an effective program (including adequate recordkeeping and reporting) to prevent underground injection which endangers drinking water sources. ###

(b)If the Administrator revises or amends any requirement of a regulation under section 1421 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 1422(b)(1)(B) 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 1421(b)(1) and represents an effective program (including adequate recordkeeping and reporting) to prevent underground injection which endangers drinking water sources. ###

(c)####

(1)Section 1422(b)(3) 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with respect to that portion until such time as the Administrator determines, by rule, that such demonstration is no longer valid.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 1422 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. **[**[42 U.S.C. 300h–4](/us/usc/t42/s300h–4)**]**

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42 USC 300h–4

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Sec. 1425

optional demonstration by states relating to oil or natural gas

Cite42 USC 300h–4

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