88 STAT. ]
PUBLIC LAW 93-523-DEC. 16, 1974
1675
"(2) Any regulation under this section shall be proposed and promulgated in accordance with section 553 of title 5, United States Code (relating to rulemaking), except that the Administrator shall provide Hearing. 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)(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 1422— j " (A) shall prohibit, effective three years after the date of the enactment of this title, any underground injection in such State which is not authorized by a permit issued by the State (except that the regulations may permit a State to authorize underground injection by r u l e); " (B) shall require (i) in the case of a program which provides for authorization of underground injection by permit, that the applicant for the permit to inject must satisfy the State that the underground injection will not endanger drinking water sources, and (li) in the case of a program which provides for such an authorization by rule, that no rule may be promulgated which authorizes any underground injection which endangers drinking water sources; " (C) shall include inspection, monitoring, recordkeeping, and reporting requirements; and " (D) shall apply (i) as prescribed by section 1447(b). to underground injections by Federal agencies, and (ii) to underground injections by any other person whether or not occurring on property owned or leased by the United States. "(2) Regulations of the Administrator under this section for State underground injection control programs may not prescribe requirements which interfere wnth or impede— " (A) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or " (B) 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. "(c)(1) The Administrator may, upon application of the Governor Temporary perof a State which authorizes underground injection by means of per- "'"^• mits, authorize such State to issue (without regard to subsection (b)(1)(B)(i)) temporary permits for underground injection which may be effective mitil the expiration of foui- years after the date of enactment of this title, if— " (A) the Administrator finds that Hie State has demonstr-ated that it is unable and could not reasonably have been able to process all permit applications within the time available; " (B) the Administrator determines the adverse effect on the environment of such temporary permits is not unwarranted; " (C) such temporary permits will be issued only with respect to injection wells in operation on the date on which such State's permit program approved under this part first takes effect and for which there was inadequate time to process its permit application: and
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