42 U.S.C. § 300h–7 — State programs to establish wellhead protection areas

(a) State programs. Within 3 years of June 19, 1986, each Governor (or designee) had to adopt and submit to EPA a state program protecting "wellhead areas" from contaminants that could harm people's health. Each program must, at minimum: (1) spell out what state agencies, local governments, and public water systems must do to develop and run this program; (2) determine, for each wellhead, its "wellhead protection area" (defined in subsection (e)), based on the best available information on groundwater flow, recharge, and discharge, plus anything else the state thinks it needs; (3) identify, within each wellhead protection area, all potential man-made sources of contaminants that could harm health; (4) describe a program — with technical assistance, financial assistance, control measures, education, training, and demonstration projects as appropriate — to protect the water supply in wellhead areas from those contaminants; (5) include backup plans for alternate drinking water supplies if a well or wellfield gets contaminated; and (6) require that all potential contaminant sources be considered for the expected wellhead area of any new well serving a public water system. (b) Public participation. States must, as much as possible, set up procedures — including technical and citizen advisory committees — for public involvement in developing the wellhead program and source water assessment programs under section 300j–13. These procedures must include notice and a public hearing before the state submits its program to EPA. (c) Disapproval. (1) In general. If the Administrator decides a state program (or part of it) isn't good enough to protect public water systems, or a related program under section 300j–13 or 300g–7(b) doesn't meet those sections' requirements, the Administrator must disapprove it. A subsection (a) program counts as adequate unless the Administrator finds it inadequate within 9 months of receiving it. A section 300j–13 or 300g–7(b) program counts as meeting requirements unless the Administrator finds otherwise within 9 months. If the Administrator disapproves a program, the Administrator must send the Governor a written explanation. (2) Modification and resubmission. Within 6 months of getting that written notice, the Governor (or designee) must revise the program based on the Administrator's recommendations and resubmit it. (d) Federal assistance. After 3 years from June 19, 1986, a state can only get money under this section to carry out the requirements in subsection (a)(4) and (a)(6). (e) "Wellhead protection area" — defined. This is the surface and underground area around a well or wellfield supplying a public water system, through which contaminants could realistically move and reach that well or wellfield. Each state decides, in its subsection (a) program, how big this area needs to be to protect health. Within 1 year of June 19, 1986, EPA had to issue technical guidance states can use to make that decision — covering factors like the well's radius of influence, how far the water table drops, how fast contaminants travel, distance from the well, and other relevant factors, using engineering data, field studies, topography, and geology. (f) Prohibitions. (1) No funds under this section may support activities already authorized under the Clean Water Act, the Solid Waste Disposal Act, CERCLA, or other parts of this chapter. (2) No funds under this section may be used to bring individual contamination sources into compliance. (g) Implementation. Each state must make every reasonable effort to put its wellhead protection program into action within 2 years of submitting it. Each state must file a report every two years describing its progress, including any program updates for new wells drilled during that period. (h) Federal agencies. Every federal executive, legislative, and judicial branch entity with jurisdiction over a contaminant source identified under a state's program must follow all of that state program's requirements — the same way any other person would, including paying required fees. The President may exempt a federal source if it's in the paramount interest of the United States, though not just because Congress failed to appropriate money the President specifically requested for it. (i) Additional requirement for states with many annular-injection wells. (1) States with more than 2,500 active wells using "annular injection" as of January 1, 1986, must certify, as part of their program, that a state program exists and is adequately enforced to protect health from contaminants tied to annular injection or surface disposal of oil-and-gas brine. (2) "Annular injection" — defined. This means reinjecting oil-or-gas-production brine between the production and surface casings of a conventional well. (3) The Administrator must review each certified program. (4) If a state doesn't include this certification, or the Administrator finds the certified program isn't being enforced well, the Administrator must disapprove the state's subsection (a) program. (j) Coordination with other laws. Nothing in this section lets any government apportion, allocate, or otherwise regulate the withdrawal or use of ground or surface water in a way that overrides existing water rights established under state, federal, or interstate compact law. (k) Authorization of appropriations. Unless disapproved, EPA must give states grants covering 50 to 90 percent of the cost of developing and running their programs. Authorized funding: $20,000,000 in FY1987; $20,000,000 in FY1988; $35,000,000 each year FY1989–1991; and $30,000,000 each year FY1992–2003.