---
kind: "section"
citation: "42 U.S.C. § 300h–7"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300h–7"
heading: "State programs to establish wellhead protection areas"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300h-7"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XII — Safety of Public Water Systems"
  - "Part C — Protection of Underground Sources of Drinking Water"
---

# §300h–7. State programs to establish wellhead protection areas

- (a) **State programs—** The Governor or Governor’s designee of each [State](/usc/42/201.md?p=f) shall, within 3 years of June 19, 1986, adopt and submit to the [Administrator](/usc/42/4005.md?p=1) a [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) to protect wellhead areas within their jurisdiction from contaminants which may have any adverse effect on the health of persons. Each [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) under this section shall, at a minimum—
  - (1) specify the duties of [State agencies](/usc/42/300s–3.md?p=12), local governmental entities, and public water supply systems with respect to the development and implementation of [programs](/usc/42/274l–1.md?p=4) required by this section;
  - (2) for each wellhead, determine the wellhead protection area as defined in [subsection (e)](#e) based on all reasonably available hydrogeologic information on ground water flow, recharge and discharge and other information the [State](/usc/42/201.md?p=f) deems necessary to adequately determine the wellhead protection area;
  - (3) identify within each wellhead protection area all potential anthropogenic sources of contaminants which may have any adverse effect on the health of persons;
  - (4) describe a [program](/usc/42/274l–1.md?p=4) that contains, as appropriate, technical assistance, financial assistance, implementation of control measures, education, training, and demonstration [projects](/usc/42/13641.md?p=2) to protect the water supply within wellhead protection areas from such contaminants;
  - (5) include contingency plans for the location and provision of alternate drinking water supplies for each public water system in the event of well or wellfield contamination by such contaminants; and
  - (6) include a requirement that consideration be given to all potential sources of such contaminants within the expected wellhead area of a new water well which serves a public water supply system.
- (b) **Public participation—** To the maximum extent possible, each [State](/usc/42/201.md?p=f) shall establish procedures, including but not limited to the establishment of technical and citizens’ [advisory committees](/usc/42/17061.md?p=2), to encourage the public to participate in developing the protection [program](/usc/42/274l–1.md?p=4) for wellhead areas and source water assessment [programs](/usc/42/274l–1.md?p=4) under [section 300j–13 of this title](/usc/42/300j–13.md). Such procedures shall include notice and opportunity for public hearing on the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) before it is submitted to the [Administrator](/usc/42/4005.md?p=1).
- (c) **Disapproval—**
  - (1) **In general—** If, in the judgment of the [Administrator](/usc/42/4005.md?p=1), a [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) or portion thereof under [subsection (a)](#a) is not adequate to protect public water systems as required by [subsection (a)](#a) or a [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) under [section 300j–13 of this title](/usc/42/300j–13.md) or [section 300g–7(b) of this title](/usc/42/300g–7.md?p=b) does not meet the applicable requirements of [section 300j–13 of this title](/usc/42/300j–13.md) or [section 300g–7(b) of this title](/usc/42/300g–7.md?p=b), the [Administrator](/usc/42/4005.md?p=1) shall disapprove such [program](/usc/42/274l–1.md?p=4) or portion thereof. A [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) developed pursuant to [subsection (a)](#a) shall be deemed to be adequate unless the [Administrator](/usc/42/4005.md?p=1) determines, within 9 months of the receipt of a [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4), that such [program](/usc/42/274l–1.md?p=4) (or portion thereof) is inadequate for the purpose of protecting public water systems as required by this section from contaminants that may have any adverse effect on the health of persons. A [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) developed pursuant to [section 300j–13 of this title](/usc/42/300j–13.md) or [section 300g–7(b) of this title](/usc/42/300g–7.md?p=b) shall be deemed to meet the applicable requirements of [section 300j–13 of this title](/usc/42/300j–13.md) or [section 300g–7(b) of this title](/usc/42/300g–7.md?p=b) unless the [Administrator](/usc/42/4005.md?p=1) determines within 9 months of the receipt of the [program](/usc/42/274l–1.md?p=4) that such [program](/usc/42/274l–1.md?p=4) (or portion thereof) does not meet such requirements. If the [Administrator](/usc/42/4005.md?p=1) determines that a proposed [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) (or any portion thereof) is disapproved, the [Administrator](/usc/42/4005.md?p=1) shall submit a written statement of the reasons for such determination to the Governor of the [State](/usc/42/201.md?p=f).
  - (2) **Modification and resubmission—** Within 6 months after receipt of the [Administrator](/usc/42/4005.md?p=1)’s written notice under [paragraph (1)](#c-1) that any proposed [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) (or portion thereof) is disapproved, the Governor or Governor’s designee, shall modify the [program](/usc/42/274l–1.md?p=4) based upon the recommendations of the [Administrator](/usc/42/4005.md?p=1) and resubmit the modified [program](/usc/42/274l–1.md?p=4) to the [Administrator](/usc/42/4005.md?p=1).
- (d) **Federal assistance—** After the date 3 years after June 19, 1986, no [State](/usc/42/201.md?p=f) shall receive funds authorized to be appropriated under this section except for the purpose of implementing the [program](/usc/42/274l–1.md?p=4) and requirements of paragraphs [(4)](#a-4) and [(6)](#a-6) of subsection (a).
- (e) **“Wellhead protection area” defined—** As used in this section, the term “wellhead protection area” means the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield. The extent of a wellhead protection area, within a [State](/usc/42/201.md?p=f), necessary to provide protection from contaminants which may have any adverse effect on the health of persons is to be determined by the [State](/usc/42/201.md?p=f) in the [program](/usc/42/274l–1.md?p=4) submitted under [subsection (a)](#a). Not later than one year after June 19, 1986, the [Administrator](/usc/42/4005.md?p=1) shall issue technical guidance which [States](/usc/42/201.md?p=f) may use in making such determinations. Such guidance may reflect such factors as the radius of influence around a well or wellfield, the depth of drawdown of the water table by such well or wellfield at any given point, the time or rate of travel of various contaminants in various hydrologic conditions, distance from the well or wellfield, or other factors affecting the likelihood of contaminants reaching the well or wellfield, taking into account available engineering pump tests or comparable data, field reconnaissance, topographic information, and the geology of the formation in which the well or wellfield is located.
- (f) **Prohibitions—**
  - (1) **Activities under other laws—** No funds authorized to be appropriated under this section may be used to support activities authorized by the Federal Water Pollution Control Act [[33 U.S.C. 1251](/usc/33/1251.md) et seq.], the Solid Waste Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.], the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [[42 U.S.C. 9601](/usc/42/9601.md) et seq.], or other sections of this chapter.
  - (2) **Individual sources—** No funds authorized to be appropriated under this section may be used to bring individual sources of contamination into compliance.
- (g) **Implementation—** Each [State](/usc/42/201.md?p=f) shall make every reasonable effort to implement the [State](/usc/42/201.md?p=f) wellhead area protection [program](/usc/42/274l–1.md?p=4) under this section within 2 years of submitting the [program](/usc/42/274l–1.md?p=4) to the [Administrator](/usc/42/4005.md?p=1). Each [State](/usc/42/201.md?p=f) shall submit to the [Administrator](/usc/42/4005.md?p=1) a biennial status report describing the [State](/usc/42/201.md?p=f)’s progress in implementing the [program](/usc/42/274l–1.md?p=4). Such report shall include amendments to the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) for water wells sited during the biennial period.
- (h) **Federal agencies—** Each department, [agency](/usc/42/8262.md?p=1), and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any potential source of contaminants identified by a [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) pursuant to the provisions of [subsection (a)(3)](#a-3) shall be subject to and comply with all requirements of the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) developed according to [subsection (a)(4)](#a-4) applicable to such potential source of contaminants, both substantive and procedural, in the same manner, and to the same extent, as any other person is subject to such requirements, including payment of reasonable charges and fees. The President may exempt any potential source under the jurisdiction of any department, [agency](/usc/42/8262.md?p=1), or instrumentality in the executive branch if the President determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to the lack of an appropriation unless the President shall have specifically requested such appropriation as part of the budgetary process and the Congress shall have failed to make available such requested appropriations.
- (i) **Additional requirement—**
  - (1) **In general—** In addition to the provisions of [subsection (a)](#a) of this section, [States](/usc/42/201.md?p=f) in which there are more than 2,500 active wells at which annular injection is used as of January 1, 1986, shall include in their [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) a certification that a [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) exists and is being adequately enforced that provides protection from contaminants which may have any adverse effect on the health of persons and which are associated with the annular injection or surface [disposal](/usc/42/2021b.md?p=7) of brines associated with oil and gas production.
  - (2) **“Annular injection” defined—** For purposes of this subsection, the term “annular injection” means the reinjection of brines associated with the production of oil or gas between the production and surface casings of a conventional oil or gas producing well.
  - (3) **Review—** The [Administrator](/usc/42/4005.md?p=1) shall conduct a review of each [program](/usc/42/274l–1.md?p=4) certified under this subsection.
  - (4) **Disapproval—** If a [State](/usc/42/201.md?p=f) fails to include the certification required by this subsection or if in the judgment of the [Administrator](/usc/42/4005.md?p=1) the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) certified under this subsection is not being adequately enforced, the [Administrator](/usc/42/4005.md?p=1) shall disapprove the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) submitted under [subsection (a)](#a) of this section.
- (j) **Coordination with other laws—** Nothing in this section shall authorize or require any department, [agency](/usc/42/8262.md?p=1), or other instrumentality of the Federal Government or [State](/usc/42/201.md?p=f) or local government to apportion, allocate or otherwise regulate the withdrawal or beneficial use of ground or surface waters, so as to abrogate or modify any existing rights to water established pursuant to [State](/usc/42/201.md?p=f) or Federal law, including interstate [compacts](/usc/42/2021b.md?p=4).
- (k) **Authorization of appropriations—** Unless the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) is disapproved under this section, the [Administrator](/usc/42/4005.md?p=1) shall make grants to the [State](/usc/42/201.md?p=f) for not less than 50 or more than 90 percent of the costs incurred by a [State](/usc/42/201.md?p=f) (as determined by the [Administrator](/usc/42/4005.md?p=1)) in developing and implementing each [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) under this section. For purposes of making such grants there is authorized to be appropriated not more than the following amounts:

  | Fiscal year: | Amount |
  | --- | --- |
  | 1987 | $20,000,000 |
  | 1988 | 20,000,000 |
  | 1989 | 35,000,000 |
  | 1990 | 35,000,000 |
  | 1991 | 35,000,000 |
  | 1992–2003 | 30,000,000. |


## Source credit

(July 1, 1944, ch. 373, title XIV, § 1428, as added and amended Pub. L. 99–339, title II, § 205, title III, § 301(e), June 19, 1986, 100 Stat. 660, 664; Pub. L. 104–182, title I, §§ 120(b), 132(b), title V, § 501(f)(4), Aug. 6, 1996, 110 Stat. 1650, 1674, 1692.)

## Notes

### Editorial Notes

### References in Text

The Federal Water Pollution Control Act, referred to in subsec. (f)(1), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Solid Waste Disposal Act, referred to in subsec. (f)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (f)(1), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

### Amendments

1996—Pub. L. 104–182, § 501(f)(4), made technical amendment to section catchline and subsec. (a) designation.

Subsec. (b). Pub. L. 104–182, § 132(b)(4), inserted before period at end of first sentence “and source water assessment programs under section 300j–13 of this title”.

Subsec. (c)(1). Pub. L. 104–182, § 132(b)(3), which directed substitution of “is disapproved” for “is inadequate” in third sentence, was executed by making the substitution in fourth sentence to reflect the probable intent of Congress and the amendment by Pub. L. 104–182, § 132(b)(2). See below.

Pub. L. 104–182, § 132(b)(2), inserted after second sentence “A State program developed pursuant to section 300j–13 of this title or section 300g–7(b) of this title shall be deemed to meet the applicable requirements of section 300j–13 of this title or section 300g–7(b) of this title unless the Administrator determines within 9 months of the receipt of the program that such program (or portion thereof) does not meet such requirements.”

Pub. L. 104–182, § 132(b)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: “If, in the judgment of the Administrator, a State program (or portion thereof, including the definition of a wellhead protection area), is not adequate to protect public water systems as required by this section, the Administrator shall disapprove such program (or portion thereof).”

Subsec. (c)(2). Pub. L. 104–182, § 132(b)(3), substituted “is disapproved” for “is inadequate”.

Subsec. (k). Pub. L. 104–182, § 120(b), inserted table item relating to fiscal years 1992 through 2003.

1986—Subsec. (k). Pub. L. 99–339, § 301(e), added subsec. (k).