[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR145.1]

[Page 689-690]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 145_STATE UIC PROGRAM REQUIREMENTS--Table of Contents
 
                 Subpart A_General Program Requirements
 
Sec.  145.1  Purpose and scope.


    (a) This part specifies the procedures EPA will follow in approving, 
revising, and withdrawing State programs under section 1422 (underground 
injection control--UIC) of SDWA, and includes the elements which must be 
part of submissions to EPA for program approval and the substantive 
provisions which must be present in State programs for them to be 
approved.
    (b) State submissions for program approval must be made in 
accordance with the procedures set out in subpart C. This includes 
developing and submitting to EPA a program description (Sec.  145.23), 
an Attorney General's Statement (Sec.  145.24), and a Memorandum of 
Agreement with the Regional Administrator (Sec.  145.25).
    (c) The substantive provisions which must be included in State 
programs to obtain approval include requirements for permitting, 
compliance evaluation, enforcement, public participation, and sharing of 
information. The requirements are found in subpart B. Many of the 
requirements for State programs are made applicable to States by cross-
referencing other EPA regulations. In particular, many of the provisions 
of parts 144 and 124 are made applicable to States by the references 
contained in Sec.  145.11.
    (d) Upon submission of a complete program, EPA will conduct a public 
hearing, if interest is shown, and determine whether to approve or 
disapprove the program taking into consideration the requirements of 
this part, the Safe Drinking Water Act and any comments received.
    (e) Upon approval of a State program, the Administrator shall 
suspend the issuance of Federal permits for those activities subject to 
the approved State program.
    (f) Any State program approved by the Administrator shall at all 
times be conducted in accordance with the requirements of this part.
    (g) Nothing in this part precludes a State from:
    (1) Adopting or enforcing requirements which are more stringent or

[[Page 690]]

more extensive than those required under this part;
    (2) Operating a program with a greater scope of coverage than that 
required under this part. Where an approved State program has a greater 
scope of coverage than required by Federal law the additional coverage 
is not part of the federally approved program.
    (h) Section 1451 of the SDWA authorizes the Administrator to 
delegate primary enforcement responsibility for the Underground 
Injection Control Program to eligible Indian Tribes. An Indian Tribe 
must establish its eligibility to be treated as a State before it is 
eligible to apply for Underground Injection Control grants and primary 
enforcement responsibility. All requirements of parts 124, 144, 145, and 
146 that apply to States with UIC primary enforcement responsibility 
also apply to Indian Tribes except where specifically noted.

[48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988; 
59 FR 64345, Dec. 14, 1994]