---
kind: "section"
citation: "42 U.S.C. § 300h–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300h–1"
heading: "State primary enforcement responsibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300h-1"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XII — Safety of Public Water Systems"
  - "Part C — Protection of Underground Sources of Drinking Water"
---

# §300h–1. State primary enforcement responsibility

- (a) **List of States in need of a control program; amendment of list—** Within 180 days after December 16, 1974, the [Administrator](/usc/42/4005.md?p=1) shall list in the Federal Register each [State](/usc/42/201.md?p=f) for which in his judgment a [State](/usc/42/201.md?p=f) underground injection control [program](/usc/42/274l–1.md?p=4) may be necessary to assure that underground injection will not endanger drinking water sources. Such list may be amended from time to time.
- (b) **State applications; notice to Administrator of compliance with revised or added requirements; approval or disapproval by Administrator; duration of State primary enforcement responsibility; public hearing—**
  - (1)
    - (A) Each [State](/usc/42/201.md?p=f) listed under [subsection (a)](#a) shall within 270 days after the date of promulgation of any regulation under [section 300h of this title](/usc/42/300h.md) (or, if later, within 270 days after such [State](/usc/42/201.md?p=f) is first listed under [subsection (a)](#a)) submit to the [Administrator](/usc/42/4005.md?p=1) an application which contains a showing satisfactory to the [Administrator](/usc/42/4005.md?p=1) that the [State](/usc/42/201.md?p=f)—
      - (i) has adopted after reasonable notice and public hearings, and will implement, an underground injection control [program](/usc/42/274l–1.md?p=4) which meets the requirements of [regulations](/usc/42/201.md?p=d) in effect under [section 300h of this title](/usc/42/300h.md); and
      - (ii) will keep such records and make such reports with respect to its activities under its underground injection control [program](/usc/42/274l–1.md?p=4) as the [Administrator](/usc/42/4005.md?p=1) may require by regulation.

      The [Administrator](/usc/42/4005.md?p=1) may, for good cause, extend the date for submission of an application by any [State](/usc/42/201.md?p=f) under this subparagraph for a period not to exceed an additional 270 days.

    - (B) Within 270 days of any amendment of a regulation under [section 300h of this title](/usc/42/300h.md) revising or adding any requirement respecting [State](/usc/42/201.md?p=f) underground injection control [programs](/usc/42/274l–1.md?p=4), each [State](/usc/42/201.md?p=f) listed under [subsection (a)](#a) shall submit (in such form and manner as the [Administrator](/usc/42/4005.md?p=1) may require) a notice to the [Administrator](/usc/42/4005.md?p=1) containing a showing satisfactory to him that the [State](/usc/42/201.md?p=f) underground injection control [program](/usc/42/274l–1.md?p=4) meets the revised or added requirement.
  - (2) Within ninety days after the [State](/usc/42/201.md?p=f)’s application under [paragraph (1)(A)](#b-1-A) or notice under [paragraph (1)(B)](#b-1-B) and after reasonable opportunity for presentation of views, the [Administrator](/usc/42/4005.md?p=1) shall by rule either approve, disapprove, or approve in part and disapprove in part, the [State](/usc/42/201.md?p=f)’s underground injection control [program](/usc/42/274l–1.md?p=4).
  - (3) If the [Administrator](/usc/42/4005.md?p=1) approves the [State](/usc/42/201.md?p=f)’s [program](/usc/42/274l–1.md?p=4) under [paragraph (2)](#b-2), the [State](/usc/42/201.md?p=f) shall have primary enforcement responsibility for underground water sources until such time as the [Administrator](/usc/42/4005.md?p=1) determines, by rule, that such [State](/usc/42/201.md?p=f) no longer meets the requirements of clause [(i)](#b-1-A-i) or [(ii)](#b-1-A-ii) of paragraph (1)(A) of this subsection.
  - (4) Before promulgating any rule under paragraph (2) or (3) of this subsection, the [Administrator](/usc/42/4005.md?p=1) shall provide opportunity for public hearing respecting such rule.
- (c) **Program by Administrator for State without primary enforcement responsibility; restrictions—** If the [Administrator](/usc/42/4005.md?p=1) disapproves a [State](/usc/42/201.md?p=f)’s [program](/usc/42/274l–1.md?p=4) (or part thereof) under [subsection (b)(2)](#b-2), if the [Administrator](/usc/42/4005.md?p=1) determines under [subsection (b)(3)](#b-3) that a [State](/usc/42/201.md?p=f) no longer meets the requirements of clause [(i)](#b-1-A-i) or [(ii)](#b-1-A-ii) of subsection (b)(1)(A), or if a [State](/usc/42/201.md?p=f) fails to submit an application or notice before the date of expiration of the period specified in [subsection (b)(1)](#b-1), the [Administrator](/usc/42/4005.md?p=1) shall by regulation within 90 days after the date of such disapproval, determination, or expiration (as the case may be) prescribe (and may from time to time by regulation revise) a [program](/usc/42/274l–1.md?p=4) applicable to such [State](/usc/42/201.md?p=f) meeting the requirements of [section 300h(b) of this title](/usc/42/300h.md?p=b). Such [program](/usc/42/274l–1.md?p=4) may not include requirements which interfere with or impede—
  - (1) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production or natural gas storage operations, or
  - (2) any underground injection for the secondary or tertiary recovery of oil or natural gas,

  unless such requirements are essential to assure that underground sources of drinking water will not be endangered by such injection. Such [program](/usc/42/274l–1.md?p=4) shall apply in such [State](/usc/42/201.md?p=f) to the extent that a [program](/usc/42/274l–1.md?p=4) adopted by such [State](/usc/42/201.md?p=f) which the [Administrator](/usc/42/4005.md?p=1) determines meets such requirements is not in effect. Before promulgating any regulation under this section, the [Administrator](/usc/42/4005.md?p=1) shall provide opportunity for public hearing respecting such regulation.

- (d) **“Applicable underground injection control program” defined—** For purposes of this subchapter, the term “applicable underground injection control [program](/usc/42/274l–1.md?p=4)” with respect to a [State](/usc/42/201.md?p=f) means the [program](/usc/42/274l–1.md?p=4) (or most recent amendment thereof) (1) which has been adopted by the [State](/usc/42/201.md?p=f) and which has been approved under subsection [(b)](#b), or (2) which has been prescribed by the [Administrator](/usc/42/4005.md?p=1) under [subsection (c)](#c).
- (e) **Primary enforcement responsibility by Indian Tribe—** An Indian Tribe may assume primary enforcement responsibility for underground injection control under this section consistent with such [regulations](/usc/42/201.md?p=d) as the [Administrator](/usc/42/4005.md?p=1) has prescribed pursuant to this part and [section 300j–11 of this title](/usc/42/300j–11.md). The area over which such Indian Tribe exercises governmental jurisdiction need not have been listed under [subsection (a)](#a) of this section, and such Tribe need not submit an application to assume primary enforcement responsibility within the 270-day deadline noted in [subsection (b)(1)(A)](#b-1-A) of this section. Until an Indian Tribe assumes primary enforcement responsibility, the currently applicable underground injection control [program](/usc/42/274l–1.md?p=4) shall continue to apply. If an applicable underground injection control [program](/usc/42/274l–1.md?p=4) does not exist for an Indian Tribe, the [Administrator](/usc/42/4005.md?p=1) shall prescribe such a [program](/usc/42/274l–1.md?p=4) pursuant to [subsection (c)](#c) of this section, and consistent with [section 300h(b) of this title](/usc/42/300h.md?p=b), within 270 days after June 19, 1986, unless an Indian Tribe first obtains approval to assume primary enforcement responsibility for underground injection control.

## Source credit

(July 1, 1944, ch. 373, title XIV, § 1422, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1676; amended Pub. L. 95–190, § 6(a), Nov. 16, 1977, 91 Stat. 1396; Pub. L. 99–339, title II, § 201(a), title III, § 302(c), June 19, 1986, 100 Stat. 653, 666.)

## Notes

### Editorial Notes

### Amendments

1986—Subsec. (c)(1). Pub. L. 99–339, § 201(a), inserted “or natural gas storage operations, or” after “production”.

Subsec. (e). Pub. L. 99–339, § 302(c), added subsec. (e).

1977—Subsec. (b)(1)(A). Pub. L. 95–190 inserted provisions relating to extension of date for submission of applications by any State.