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42 U.S.C. § 6939b — Interim control of hazardous waste injection

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42 U.S.C. § 6939b — Interim control of hazardous waste injection

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Stable record: federal_law:legal_authorities:record_usc_b08a72e8711b8f5f7f29df70
Source file: Laws/federal/codes/united-states-code/title-42/section-6939b-interim-control-of-hazardous-waste-injection--ad81be51f5.md
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Source location: Title 42, Chapter 82, § 6939b; chapter-082-solid-waste-disposal.md

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**(a) Underground source of drinking water** No hazardous waste may be disposed of by underground injection— (1) into a formation which contains (within one-quarter mile of the well used for such underground injection) an underground source of drinking water; or (2) above such a formation. The prohibitions established under this section shall take effect 6 months after November 8, 1984, except in the case of any State in which identical or more stringent prohibitions are in effect before such date under the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]. **(b) Actions under Comprehensive Environmental Response, Compensation, and Liability Act** Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if— (1) such injection is— (A) a response action taken under section 9604 or 9606 of this title, or (B) part of corrective action required under this chapter 11 So in original. Probably should be followed by a comma. intended to clean up such contamination; (2) such contaminated ground water is treated to substantially reduce hazardous constituents prior to such injection; and (3) such response action or corrective action will, upon completion, be sufficient to protect human health and the environment. **(c) Enforcement** In addition to enforcement under the provisions of this chapter, the prohibitions established under paragraphs (1) and (2) of subsection (a) shall be enforceable under the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.] in any State— (1) which has adopted identical or more stringent prohibitions under part C of the Safe Drinking Water Act [[42 U.S.C. 300h](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300h&num=0&edition=prelim) et seq.] and which has assumed primary enforcement responsibility under that Act for enforcement of such prohibitions; or (2) in which the Administrator has adopted identical or more stringent prohibitions under the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.] and is exercising primary enforcement responsibility under that Act for enforcement of such prohibitions. **(d) Definitions** The terms “primary enforcement responsibility”, “underground source of drinking water”, “formation” and “well” have the same meanings as provided in regulations of the Administrator under the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]. The term “Safe Drinking Water Act” means title XIV of the Public Health Service Act.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6979a — Transferred

### Statutory Notes #### Codification Section, Pub. L. 89–272, title II, § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273; Pub. L. 99–339, title II, § 201(c)(1), June 19, 1986, 100 Stat. 654, relating to interim control of hazardous waste injection, was renumbered section 3020 of Pub. L. 89–272 by Pub. L. 99–339, title II, § 201(c)(2), June 19, 1986, 100 Stat. 654, and transferred to [section 6939b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6939b&num=0&edition=prelim).

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42 U.S.C. § 300h — Regulations for State programs

**(a) Publication of proposed regulations; promulgation; amendments; public hearings; administrative consultations** (1) The Administrator shall publish proposed regulations for State underground injection control programs within 180 days after December 16, 1974. Within 180 days after publication of such proposed regulations, he shall promulgate such regulations with such modifications as he deems appropriate. Any regulation under this subsection may be amended from time to time. (2) Any regulation under this section shall be proposed and promulgated in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) (relating to rulemaking), except that the Administrator shall provide opportunity for public hearing prior to promulgation of such regulations. In proposing and promulgating regulations under this section the Administrator shall consult with the Secretary, the National Drinking Water Advisory Council, and other appropriate Federal entities and with interested State entities. **(b) Minimum requirements; restrictions** (1) Regulations under subsection (a) for State underground injection programs shall contain minimum requirements for effective programs to prevent underground injection which endangers drinking water sources within the meaning of subsection (d)(2). Such regulations shall require that a State program, in order to be approved under [section 300h–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300h-1&num=0&edition=prelim)— (A) shall prohibit, effective on the date on which the applicable underground injection control program takes effect, any underground injection in such State which is not authorized by a permit issued

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42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

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42 U.S.C. § 300f — Definitions

For purposes of this subchapter: (1) The term “primary drinking water regulation” means a regulation which— (A) applies to public water systems; (B) specifies contaminants which, in the judgment of the Administrator, may have any adverse effect on the health of persons; (C) specifies for each such contaminant either— (i) a maximum contaminant level, if, in the judgment of the Administrator, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or (ii) if, in the judgment of the Administrator, it is not economically or technologically feasible to so ascertain the level of such contaminant, each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of [section 300g–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300g-1&num=0&edition=prelim); and (D) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including accepted methods for quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (i) the minimum quality of water which may be taken into the system and (ii) siting for new facilities for public water systems. At any time after promulgation of a regulation referred to in this paragraph, the Administrator may add equally effective quality control and testing procedures by guidance published in the Federal Register. Such procedures shall be treated as an alternative for public water systems to the quality control and testing procedures listed in the regulatio

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42 U.S.C. § 202 — Definitions

When used in this chapter— **(a)** The term “Service” means the Public Health Service; **(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service; **(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services. **(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; **(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; **(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; **(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6924 — Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities

**(a) In general** Not later than eighteen months after October 21, 1976, and after opportunity for public hearings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulations establishing such performance standards, applicable to owners and operators of facilities for the treatment, storage, or disposal of hazardous waste identified or listed under this subchapter, as may be necessary to protect human health and the environment. In establishing such standards the Administrator shall, where appropriate, distinguish in such standards between requirements appropriate for new facilities and for facilities in existence on the date of promulgation of such regulations. Such standards shall include, but need not be limited to, requirements respecting— (1) maintaining records of all hazardous wastes identified or listed under this chapter which is treated, stored, or disposed of, as the case may be, and the manner in which such wastes were treated, stored, or disposed of; (2) satisfactory reporting, monitoring, and inspection and compliance with the manifest system referred to in section 6922(5) 11 See References in Text note below. of this title; (3) treatment, storage, or disposal of all such waste received by the facility pursuant to such operating methods, techniques, and practices as may be satisfactory to the Administrator; (4) the location, design, and construction of such hazardous waste treatment, disposal, or storage facilities; (5) contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste; (6) the maintenance of operation of such facilities and requiring such additional qualifications as to ownership, continuity of operation,

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42 U.S.C. § 6979b — Law enforcement authority

The Attorney General of the United States shall, at the request of the Administrator and on the basis of a showing of need, deputize qualified employees of the Environmental Protection Agency to serve as special deputy United States marshals in criminal investigations with respect to violations of the criminal provisions of this chapter.

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42 U.S.C. § 300f — Definitions

Page 1232 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300f qualified health maintenance organization for purposes of section 300e–9 of this title. (h) Penalties Whoever knowingly and willfully makes or causes to be made any false statement or rep- resentation of a material fact in any statement filed pursuant to this section shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000 or imprisoned for not more than five years, or both. (July 1, 1944, ch. 373, title XIII, § 1318, as added Pub. L. 95–559, § 9(a), Nov. 1, 1978, 92 Stat. 2135; amended Pub. L. 97–35, title IX, § 948, Aug. 13, 1981, 95 Stat. 577; Pub. L. 99–660, title VIII, § 810, Nov. 14, 1986, 100 Stat. 3801; Pub. L. 108–173, title IX, § 900(e)(2)(E), Dec. 8, 2003, 117 Stat. 2372.) Editorial Notes AMENDMENTS 2003—Subsec. (a)(2). Pub. L. 108–173 substituted ‘‘Cen- ters for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’. 1986—Subsec. (e). Pub. L. 99–660 struck out subsec. (e) which read as follows: ‘‘The Secretary shall file an an- nual report with the Congress on the operation of this section. Such report shall include— ‘‘(1) an enumeration of standards and norms uti- lized to make the evaluations required under sub- section (d) of this section; ‘‘(2) an assessment of the degree of conformity or nonconformity of each health maintenance organiza- tion evaluated by the Secretary under subsection (d) of this section with such standards and norms; ‘‘(3) what action, if any, the Secretary considers necessary under section 300e–11 of this title with re- spect to health maintenance organizations evaluated under subsection (d) of this section.’’ 1981—Subsec. (a). Pub. L. 97–35, § 948(a), (b), in par. (2) inserted reference to copy

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42 U.S.C. § 300h — Regulations for State programs

Page 1268 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300h (2) Director The term ‘‘Director’’ means the Director of the Cybersecurity and Infrastructure Security Agency. (3) Incident The term ‘‘incident’’ has the meaning given the term in section 3552 of title 44. (4) Prioritization Framework The term ‘‘Prioritization Framework’’ means the prioritization framework developed by the Administrator under subsection (b)(1)(A). (5) Support Plan The term ‘‘Support Plan’’ means the Tech- nical Cybersecurity Support Plan developed by the Administrator under subsection (b)(2)(A). (b) Identification of and support for public water systems (1) Prioritization Framework (A) In general Not later than 180 days after November 15, 2021, the Administrator, in coordination with the Director, shall develop a prioritization framework to identify public water systems (including sources of water for those public water systems) that, if de- graded or rendered inoperable due to an inci- dent, would lead to significant impacts on the health and safety of the public. (B) Considerations In developing the Prioritization Frame- work, to the extent practicable, the Admin- istrator shall incorporate consideration of— (i) whether cybersecurity vulnerabilities for a public water system have been identi- fied under section 300i–2 of this title; (ii) the capacity of a public water system to remediate a cybersecurity vulnerability without additional Federal support; (iii) whether a public water system serves a defense installation or critical na- tional security asset; and (iv) whether a public water system, if de- graded or rendered inoperable due to an in- cident, would cause a cascading failure of other critical infrastructure. (2) Technical Cybersecurity Sup

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42 U.S.C. § 6939b — Interim control of hazardous waste in-

Page 6969 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939c 1 So in original. Probably should be followed by a comma. § 6939b. Interim control of hazardous waste in- jection (a) Underground source of drinking water No hazardous waste may be disposed of by un- derground injection— (1) into a formation which contains (within one-quarter mile of the well used for such un- derground injection) an underground source of drinking water; or (2) above such a formation. The prohibitions established under this section shall take effect 6 months after November 8, 1984, except in the case of any State in which identical or more stringent prohibitions are in effect before such date under the Safe Drinking Water Act [42 U.S.C. 300f et seq.]. (b) Actions under Comprehensive Environmental Response, Compensation, and Liability Act Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if— (1) such injection is— (A) a response action taken under section 9604 or 9606 of this title, or (B) part of corrective action required under this chapter 1 intended to clean up such contamination; (2) such contaminated ground water is treat- ed to substantially reduce hazardous constitu- ents prior to such injection; and (3) such response action or corrective action will, upon completion, be sufficient to protect human health and the environment. (c) Enforcement In addition to enforcement under the provi- sions of this chapter, the prohibitions estab- lished under paragraphs (1) and (2) of subsection (a) shall be enforceable under the Safe Drinking Water Act [42 U.S.C. 300f et seq.] in any State— (1) which has adopted identical or more stringent prohibitions under part C of the Safe Drinking Water Act [42 U.S.

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