[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: 40CFR145.21]

[Page 693-694]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 145_STATE UIC PROGRAM REQUIREMENTS--Table of Contents
 
                   Subpart C_State Program Submissions
 
Sec.  145.21  General requirements for program approvals.


    (a) States shall submit to the Administrator a proposed State UIC 
program complying with Sec.  145.22 of this part within 270 days of the 
date of promulgation of the UIC regulations on June 24, 1980. The 
administrator may, for good cause, extend the date for submission of a 
proposed State UIC program for up to an additional 270 days.
    (b) States shall submit to the Administrator 6 months after the date 
of promulgation of the UIC regulations a report describing the State's 
progress in developing a UIC program. If the Administrator extends the 
time for submission of a UIC program an additional 270 days, pursuant to 
Sec.  145.21(a), the State shall submit a second report six months after 
the first report is due. The Administrator may prescribe the manner and 
form of the report.
    (c) The requirements of Sec.  145.21 (a) and (b) shall not apply to 
Indian Tribes.
    (d) EPA will establish a UIC program in any State which does not 
comply with paragraph (a) of this section. EPA will continue to operate 
a UIC program in such a State until the State receives approval of a UIC 
program in accordance with the requirements of this part.

    Note: States which are authorized to administer the NPDES permit 
program under section 402 of CWA are encouraged to rely on existing 
statutory authority, to the extent possible, in developing a State UIC 
program. Section 402(b)(1)(D) of CWA requires that NPDES States have the 
authority ``to issue permits which control the disposal of pollutants 
into wells.'' In many instances, therefore, NPDES States will have 
existing statutory authority to regulate well disposal which satisfies 
the requirements of the UIC program. Note, however, that CWA excludes 
certain types of well injections from the definition of ``pollutant.'' 
If the State's statutory authority contains a similar exclusion it may 
need to be modified to qualify for UIC program approval.

    (e) If a State can demonstrate to EPA's satisfaction that there are 
no underground injections within the State for one or more classes of 
injection wells (other than Class IV wells) subject to SDWA and that 
such injections cannot legally occur in the State until the State has 
developed an approved program for those classes of injections, the State 
need not submit a program to regulate those injections and a partial 
program may be approved. The demonstration of legal prohibition shall be 
made by either explicitly banning new injections of the class not 
covered by the State program or providing a certification from the State 
Attorney General that such new injections cannot legally occur until the 
State has developed an approved program for that class. The State shall 
submit a program to regulate both those classes of injections for which 
a demonstration is not made and class IV wells.
    (f) When a State UIC program is fully approved by EPA to regulate 
all classes of injections, the State assumes primary enforcement 
authority under section 1422(b)(3) of SDWA. EPA retains primary 
enforcement responsibility whenever the State program is disapproved in 
whole or in part. States which have partially approved programs have 
authority to enforce any violation of the approved portion of their 
program. EPA retains authority

[[Page 694]]

to enforce violations of State underground injection control programs, 
except that, when a State has a fully approved program, EPA will not 
take enforcement actions without providing prior notice to the State and 
otherwise complying with section 1423 of SDWA.
    (g) A State can assume primary enforcement responsibility for the 
UIC program, notwithstanding Sec.  145.21(3), when the State program is 
unable to regulate activities on Indian lands within the State. EPA will 
administer the program on Indian lands if the State does not seek this 
authority.

[48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988]