42 U.S.C. § 300h–4 — Optional demonstration by States relating to oil or natural gas

(a) Approving a state program using an alternate showing. When EPA decides whether to approve a state's UIC program covering (1) injection of brine or other fluids from oil or gas production or gas storage, or (2) injection for secondary or tertiary oil or gas recovery, the state doesn't have to make the showing normally required under section 300h–1(b)(1)(A). Instead, the state can demonstrate that this part of its program meets the requirements of section 300h(b)(1)(A)-(D) and is an effective program — including good recordkeeping and reporting — that prevents injection that would endanger drinking water. (b) If EPA later revises those underlying requirements. If the Administrator revises or amends a regulation covering the injection described in subsection (a), a state that already made the subsection (a) demonstration doesn't have to make the showing normally required under section 300h–1(b)(1)(B) either. It can instead demonstrate, for that specific change, that its program still meets section 300h(b)(1)(A)-(D) and is still an effective program to prevent injection that endangers drinking water. (c) Primary enforcement responsibility under this route. (1) Section 300h–1(b)(3) — the normal rule for losing enforcement responsibility — doesn't apply to the part of a state's program approved through the subsection (a) (and, if used, subsection (b)) demonstration. (2) If EPA approves that part of the program based on the demonstration, the state keeps primary enforcement responsibility for it until the Administrator rules that the demonstration is no longer valid. After that ruling, the Administrator can step in the same way as under section 300h–1(c). (3) Before issuing any such ruling, the Administrator must give the public a chance for a hearing.