[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: 40CFR145.52]

[Page 700]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 145_STATE UIC PROGRAM REQUIREMENTS--Table of Contents
 
                         Subpart E_Indian Tribes
 
Sec.  145.52  Requirements for Tribal eligibility.

    Source: 53 FR 37412, Sept. 26, 1988, unless otherwise noted.


    The Administrator is authorized to treat an Indian Tribe as eligible 
to apply for primary enforcement responsibility for the Underground 
Injection Control Program if it meets the following criteria:
    (a) The Indian Tribe is recognized by the Secretary of the Interior.
    (b) The Indian Tribe has a Tribal governing body which is currently 
``carrying out substantial governmental duties and powers'' over a 
defined area, (i.e., is currently performing governmental functions to 
promote the health, safety, and welfare of the affected population 
within a defined geographic area).
    (c) The Indian Tribe demonstrates that the functions to be performed 
in regulating the underground injection wells that the applicant intends 
to regulate are within the area of the Indian Tribal government's 
jurisdiction.
    (d) The Indian Tribe is reasonably expected to be capable, in the 
Administrator's judgment, of administering (in a manner consistent with 
the terms and purposes of the Act and all applicable regulations) an 
effective Underground Injection Control Program.

[53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994]