---
kind: "section"
citation: "42 U.S.C. § 300h–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300h–4"
heading: "Optional demonstration by States relating to oil or natural gas"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300h-4"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XII — Safety of Public Water Systems"
  - "Part C — Protection of Underground Sources of Drinking Water"
---

# §300h–4. Optional demonstration by States relating to oil or natural gas

- (a) **Approval of State underground injection control program; alternative showing of effectiveness of program by State—** For purposes of the [Administrator](/usc/42/4005.md?p=1)’s approval or disapproval under [section 300h–1 of this title](/usc/42/300h–1.md) of that portion of any [State](/usc/42/201.md?p=f) underground injection control [program](/usc/42/274l–1.md?p=4) which relates to—
  - (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,

  in lieu of the showing required under subparagraph (A) of [section 300h–1(b)(1) of this title](/usc/42/300h–1.md?p=b-1) the [State](/usc/42/201.md?p=f) may demonstrate that such portion of the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) meets the requirements of subparagraphs (A) through (D) of [section 300h(b)(1) of this title](/usc/42/300h.md?p=b-1) and represents an effective [program](/usc/42/274l–1.md?p=4) (including adequate recordkeeping and reporting) to prevent underground injection which endangers drinking water sources.

- (b) **Revision or amendment of requirements of regulation; showing of effectiveness of program by State—** If the [Administrator](/usc/42/4005.md?p=1) revises or amends any requirement of a regulation under [section 300h of this title](/usc/42/300h.md) relating to any aspect of the underground injection referred to in [subsection (a)](#a), in the case of that portion of a [State](/usc/42/201.md?p=f) underground injection control [program](/usc/42/274l–1.md?p=4) for which the demonstration referred to in [subsection (a)](#a) has been made, in lieu of the showing required under [section 300h–1(b)(1)(B) of this title](/usc/42/300h–1.md?p=b-1-B) the [State](/usc/42/201.md?p=f) may demonstrate that, with respect to that aspect of such underground injection, the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) meets the requirements of subparagraphs (A) through (D) of [section 300h(b)(1) of this title](/usc/42/300h.md?p=b-1) and represents an effective [program](/usc/42/274l–1.md?p=4) (including adequate recordkeeping and reporting) to prevent underground injection which endangers drinking water sources.
- (c) **Primary enforcement responsibility of State; voiding by Administrator under duly promulgated rule—**
  - (1) [Section 300h–1(b)(3) of this title](/usc/42/300h–1.md?p=b-3) shall not apply to that portion of any [State](/usc/42/201.md?p=f) underground injection control [program](/usc/42/274l–1.md?p=4) approved by the [Administrator](/usc/42/4005.md?p=1) pursuant to a demonstration under [subsection (a)](#a) of this section (and under [subsection (b)](#b) of this section where applicable).
  - (2) If pursuant to such a demonstration, the [Administrator](/usc/42/4005.md?p=1) approves such portion of the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4), the [State](/usc/42/201.md?p=f) shall have primary enforcement responsibility with respect to that portion until such time as the [Administrator](/usc/42/4005.md?p=1) determines, by rule, that such demonstration is no longer valid. Following such a determination, the [Administrator](/usc/42/4005.md?p=1) may exercise the authority of subsection (c) of [section 300h–1 of this title](/usc/42/300h–1.md) in the same manner as provided in such subsection with respect to a determination described in such subsection.
  - (3) Before promulgating any rule under [paragraph (2)](#c-2), the [Administrator](/usc/42/4005.md?p=1) shall provide opportunity for public hearing respecting such rule.

## Source credit

(July 1, 1944, ch. 373, title XIV, § 1425, as added Pub. L. 96–502, § 2(a), Dec. 5, 1980, 94 Stat. 2737; amended Pub. L. 99–339, title II, § 201(a), June 19, 1986, 100 Stat. 653.)

## Notes

### Editorial Notes

### Amendments

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