cfr_sections
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18 rows where part_number = 145 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:25.0.1.1.8.1.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | A | Subpart A—General Program Requirements | § 145.1 Purpose and scope. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988; 59 FR 64345, Dec. 14, 1994; 75 FR 77290, Dec. 10, 2010] | (a) This part specifies the procedures EPA will follow in approving, revising, and withdrawing State programs under section 1422 (underground injection control—UIC) of SDWA, and includes the elements which must be part of submissions to EPA for program approval and the substantive provisions which must be present in State programs for them to be approved. (b) State submissions for program approval must be made in accordance with the procedures set out in subpart C. This includes developing and submitting to EPA a program description (§ 145.23), an Attorney General's Statement (§ 145.24), and a Memorandum of Agreement with the Regional Administrator (§ 145.25). (c) The substantive provisions which must be included in State programs to obtain approval include requirements for permitting, compliance evaluation, enforcement, public participation, and sharing of information. The requirements are found in subpart B. Many of the requirements for State programs are made applicable to States by cross-referencing other EPA regulations. In particular, many of the provisions of parts 144 and 124 are made applicable to States by the references contained in § 145.11. (d) Upon submission of a complete program, EPA will conduct a public hearing, if interest is shown, and determine whether to approve or disapprove the program taking into consideration the requirements of this part, the Safe Drinking Water Act and any comments received. (e) Upon approval of a State program, the Administrator shall suspend the issuance of Federal permits for those activities subject to the approved State program. (f) Any State program approved by the Administrator shall at all times be conducted in accordance with the requirements of this part. (g) Nothing in this part precludes a State from: (1) Adopting or enforcing requirements which are more stringent or more extensive than those required under this part; (2) Operating a program with a greater scope of coverage than that required under this part. Where an approved State program has a gr… | |||
| 40:40:25.0.1.1.8.1.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | A | Subpart A—General Program Requirements | § 145.2 Definitions. | EPA | The definitions of part 144 apply to all subparts of this part. | ||||
| 40:40:25.0.1.1.8.2.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.11 Requirements for permitting. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 64 FR 78572, Dec. 7, 1999; 70 FR 59888, Oct. 13, 2005] | (a) All State programs under this part must have legal authority to implement each of the following provisions and must be administered in conformance with each; except that States are not precluded from omitting or modifying any provisions to impose more stringent requirements. (1) Section 144.5(b)-(Confidential information); (2) Section 144.6—(Classification of injection wells); (3) Section 144.7—(Identification of underground sources of drinking water and exempted aquifers); (4) Section 144.8—(Noncompliance reporting); (5) Section 144.11—(Prohibition of unauthorized injection); (6) Section 144.12—(Prohibition of movement of fluids into underground sources of drinking water); (7) Section 144.13—(Elimination of Class IV wells); (8) Section 144.14—(Requirements for wells managing hazardous waste); (9) Sections 144.21-144.26—(Authorization by rule); (10) Section 144.31—(Application for a permit); (11) Section 144.32—(Signatories); (12) Section 144.33—(Area Permits); (13) Section 144.34—(Emergency permits); (14) Section 144.35—(Effect of permit); (15) Section 144.36—(Duration); (16) Section 144.38—(Permit transfer); (17) Section 144.39—(Permit modification); (18) Section 144.40—(Permit termination); (19) Section 144.51—(Applicable permit conditions); (20) Section 144.52—(Establishing permit conditions); (21) Section 144.53(a)—(Schedule of compliance); (22) Section 144.54—(Monitoring requirements); (23) Section 144.55—(Corrective Action); (24) Section 124.3(a)—(Application for a permit); (25) Section 124.5 (a), (c), (d), and (f)—(Modification of permits); (26) Section 124.6 (a), (c), (d), and (e)—(Draft Permit); (27) Section 124.8—(Fact sheets); (28) Section 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), (d), and (e)—(Public notice); (29) Section 124.11—(Public comments and requests for hearings); (30) Section 124.12(a)—(Public hearings); (31) Section 124.17 (a) and (c)—(Response to comments); (32) Section 144.88—(What are the additional requirements?); and (33) For states that… | |||
| 40:40:25.0.1.1.8.2.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.12 Requirements for compliance evaluation programs. | EPA | (a) State programs shall have procedures for receipt, evaluation, retention and investigation for possible enforcement of all notices and reports required of permittees and other regulated persons (and for investigation for possible enforcement of failure to submit these notices and reports). (b) State programs shall have inspection and surveillance procedures to determine, independent of information supplied by regulated persons, compliance or noncompliance with applicable program requirements. The State shall maintain: (1) A program which is capable of making comprehensive surveys of all facilities and activities subject to the State Director's authority to identify persons subject to regulation who have failed to comply with permit application or other program requirements. Any compilation, index, or inventory of such facilities and activities shall be made available to the Regional Administrator upon request; (2) A program for periodic inspections of the facilities and activities subject to regulation. These inspections shall be conducted in a manner designed to: (i) Determine compliance or noncompliance with issued permit conditions and other program requirements; (ii) Verify the accuracy of information submitted by permittees and other regulated persons in reporting forms and other forms supplying monitoring data; and (iii) Verify the adequacy of sampling, monitoring, and other methods used by permittees and other regulated persons to develop that information; (3) A program for investigating information obtained regarding violations of applicable program and permit requirements; and (4) Procedures for receiving and ensuring proper consideration of information submitted by the public about violations. Public effort in reporting violations shall be encouraged and the State Director shall make available information on reporting procedures. (c) The State Director and State officers engaged in compliance evaluation shall have authority to enter any site or premises subject to regulation or in which reco… | ||||
| 40:40:25.0.1.1.8.2.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.13 Requirements for enforcement authority. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 48 FR 39621, Sept. 1, 1983; 53 FR 37412, Sept. 26, 1988] | (a) Any State agency administering a program shall have available the following remedies for violations of State program requirements: (1) To restrain immediately and effectively any person by order or by suit in State court from engaging in any unauthorized activity which is endangering or causing damage to public health or environment; This paragraph requires that States have a mechanism (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to stop any unauthorized activity endangering public health or the environment. (2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit; (3) To assess or sue to recover in court civil penalties and to seek criminal remedies, including fines, as follows: (i) For all wells except Class II wells, civil penalties shall be recoverable for any program violation in at least the amount of $2,500 per day. For Class II wells, civil penalties shall be recoverable for any program violation in at least the amount of $1,000 per day. (ii) Criminal fines shall be recoverable in at least the amount of $5,000 per day against any person who willfully violates any program requirement, or for Class II wells, pipeline (production) severance shall be imposable against any person who willfully violates any program requirement. In many States the State Director will be represented in State courts by the State Attorney General or other appropriate legal officer. Although the State Director need not appear in court actions he or she should have power to request that any of the above actions be brought. (b)(1) The maximum civil penalty or criminal fine (as provided in paragraph (a)(3) of this section) shall be assessable for each instance of violation and, if the violation is continuous, shall be assessable up to the maximum amount for each day of violation. (2) The burden of proof and degree o… | |||
| 40:40:25.0.1.1.8.2.45.4 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.14 Sharing of information. | EPA | (a) Any information obtained or used in the administration of a State program shall be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing information under this section. Any information obtained from a State and subject to a claim of confidentiality will be treated in accordance with the regulations in 40 CFR part 2. If EPA obtains from a State information that is not claimed to be confidential, EPA may make that information available to the public without further notice. (b) EPA shall furnish to States with approved programs the information in its files not submitted under a claim of confidentiality which the State needs to implement its approved program. EPA shall furnish to States with approved programs information submitted to EPA under a claim of confidentiality, which the State needs to implement its approved program, subject to the conditions in 40 CFR part 2. | ||||
| 40:40:25.0.1.1.8.3.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.21 General requirements for program approvals. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988; 75 FR 77290, Dec. 10, 2010] | (a) States shall submit to the Administrator a proposed State UIC program complying with § 145.22 of this part within 270 days of the date of promulgation of the UIC regulations on June 24, 1980. The administrator may, for good cause, extend the date for submission of a proposed State UIC program for up to an additional 270 days. (b) States shall submit to the Administrator 6 months after the date of promulgation of the UIC regulations a report describing the State's progress in developing a UIC program. If the Administrator extends the time for submission of a UIC program an additional 270 days, pursuant to § 145.21(a), the State shall submit a second report six months after the first report is due. The Administrator may prescribe the manner and form of the report. (c) The requirements of § 145.21 (a) and (b) shall not apply to Indian Tribes. (d) EPA will establish a UIC program in any State which does not comply with paragraph (a) of this section. EPA will continue to operate a UIC program in such a State until the State receives approval of a UIC program in accordance with the requirements of this part. States which are authorized to administer the NPDES permit program under section 402 of CWA are encouraged to rely on existing statutory authority, to the extent possible, in developing a State UIC program. Section 402(b)(1)(D) of CWA requires that NPDES States have the authority “to issue permits which control the disposal of pollutants into wells.” In many instances, therefore, NPDES States will have existing statutory authority to regulate well disposal which satisfies the requirements of the UIC program. Note, however, that CWA excludes certain types of well injections from the definition of “pollutant.” If the State's statutory authority contains a similar exclusion it may need to be modified to qualify for UIC program approval. (e) If a State can demonstrate to EPA's satisfaction that there are no underground injections within the State for one or more classes of injection wells (other than Class IV … | |||
| 40:40:25.0.1.1.8.3.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.22 Elements of a program submission. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 75 FR 77290, Dec. 10, 2010] | (a) Any State that seeks to administer a program under this part shall submit to the Administrator at least three copies of a program submission. For Class VI programs, the entire submission can be sent electronically. The submission shall contain the following: (1) A letter from the Governor of the State requesting program approval; (2) A complete program description, as required by § 145.23, describing how the State intends to carry out its responsibilities under this part; (3) An Attorney General's statement as required by § 145.24; (4) A Memorandum of Agreement with the Regional Administrator as required by § 145.25; (5) Copies of all applicable State statutes and regulations, including those governing State administrative procedures; (6) The showing required by § 145.31(b) of the State's public participation activities prior to program submission. (b) Within 30 days of receipt by EPA of a State program submission, EPA will notify the State whether its submission is complete. If EPA finds that a State's submission is complete, the statutory review period ( i.e. , the period of time allotted for formal EPA review of a proposed State program under the Safe Drinking Water Act) shall be deemed to have begun on the date of receipt of the State's submission. If EPA finds that a State's submission is incomplete, the statutory review period shall not begin until all the necessary information is received by EPA. (c) If the State's submission is materially changed during the statutory review period, the statutory review period shall begin again upon receipt of the revised submission. (d) The State and EPA may extend the statutory review period by agreement. | |||
| 40:40:25.0.1.1.8.3.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.23 Program description. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 64 FR 68572, Dec. 7, 1999; 75 FR 77290, Dec. 10, 2010] | Any State that seeks to administer a program under this part shall submit a description of the program it proposes to administer in lieu of the Federal program under State law or under an interstate compact. For Class VI programs, the entire submission can be sent electronically. The program description shall include: (a) A description in narrative form of the scope, structure, coverage and processes of the State program. (b) A description (including organization charts) of the organization and structure of the State agency or agencies which will have responsibility for administering the program, including the information listed below. If more than one agency is responsible for administration of a program, each agency must have statewide jurisdiction over a class of activities. The responsibilities of each agency must be delineated, their procedures for coordination set forth, and an agency may be designated as a “lead agency” to facilitate communications between EPA and the State agencies having program responsibility. When the State proposes to administer a program of greater scope of coverage than is required by Federal law, the information provided under this paragraph shall indicate the resources dedicated to administering the Federally required portion of the program. (1) A description of the State agency staff who will carry out the State program, including the number, occupations, and general duties of the employees. The State need not submit complete job descriptions for every employee carrying out the State program. (2) An itemization of the estimated costs of establishing and administering the program for the first two years after approval, including cost of the personnel listed in paragraph (b)(1) of this section, cost of administrative support, and cost of technical support. (3) An itemization of the sources and amounts of funding, including an estimate of Federal grant money, available to the State Director for the first two years after approval to meet the costs listed in paragraph (b)(2) of t… | |||
| 40:40:25.0.1.1.8.3.45.4 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.24 Attorney General's statement. | EPA | (a) Any State that seeks to administer a program under this part shall submit a statement from the State Attorney General (or the attorney for those State or interstate agencies which have independent legal counsel) that the laws of the State, or an interstate compact, provide adequate authority to carry out the program described under § 145.23 and to meet the requirements of this part. This statement shall include citations to the specific statutes, administrative regulations, and, where appropriate, judicial decisions which demonstrate adequate authority. State statutes and regulations cited by the State Attorney General or independent legal counsel shall be in the form of lawfully adopted State statutes and regulations at the time the statement is signed and shall be fully effective by the time the program is approved. To qualify as “independent legal counsel” the attorney signing the statement required by this section must have full authority to independently represent the State agency in court on all matters pertaining to the State program. EPA will supply States with an Attorney General's statement format on request. (b) When a State seeks authority over activities on Indian lands, the statement shall contain an appropriate analysis of the State's authority. | ||||
| 40:40:25.0.1.1.8.3.45.5 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.25 Memorandum of Agreement with the Regional Administrator. | EPA | (a) Any State that seeks to administer a program under this part shall submit a Memorandum of Agreement. The Memorandum of Agreement shall be executed by the State Director and the Regional Administrator and shall become effective when approved by the Administrator. In addition to meeting the requirements of paragraph (b) of this section, the Memorandum of Agreement may include other terms, conditions, or agreements consistent with this part and relevant to the administration and enforcement of the State's regulatory program. The Administrator shall not approve any Memorandum of Agreement which contains provisions which restrict EPA's statutory oversight responsibility. (b) The Memorandum of Agreement shall include the following: (1) Provisions for the prompt transfer from EPA to the State of pending permit applications and any other information relevant to program operation not already in the possession of the State Director (e.g., support files for permit issuance, compliance reports, etc.). When existing permits are transferred from EPA to State for administration, the Memorandum of Agreement shall contain provisions specifying a procedure for transferring the administration of these permits. If a State lacks the authority to directly administer permits issued by the Federal government, a procedure may be established to transfer responsibility for these permits. For example, EPA and the State and the permittee could agree that the State would issue a permit(s) identical to the outstanding Federal permit which would simultaneously be terminated. (2) Provisions specifying classes and categories of permit applications, draft permits, and proposed permits that the State will send to the Regional Administrator for review, comment and, where applicable, objection. (3) Provisions specifying the frequency and content of reports, documents and other information which the State is required to submit to EPA. The State shall allow EPA to routinely review State records, reports, and files relevant to the administratio… | ||||
| 40:40:25.0.1.1.8.4.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.31 Approval process. | EPA | (a) Prior to submitting an application to the Administrator for approval of a State UIC program, the State shall issue public notice of its intent to adopt a UIC program and to seek program approval from EPA. This public notice shall: (1) Be circulated in a manner calculated to attract the attention of interested persons. Circulation of the public notice shall include publication in enough of the largest newspapers in the State to attract Statewide attention and mailing to persons on appropriate State mailing lists and to any other persons whom the agency has reason to believe are interested; (2) Indicate when and where the State's proposed program submission may be reviewed by the public; (3) Indicate the cost of obtaining a copy of the submission; (4) Provide for a comment period of not less than 30 days during which interested persons may comment on the proposed UIC program; (5) Schedule a public hearing on the State program for no less than 30 days after notice of the hearing is published; (6) Briefly outline the fundamental aspects of the State UIC program; and (7) Identify a person that an interested member of the public may contact for further information. (b) After complying with the requirements of paragraph (a) of this section any State may submit a proposed UIC program under section 1422 of SDWA and § 145.22 of this part to EPA for approval. Such a submission shall include a showing of compliance with paragraph (a) of this section; copies of all written comments received by the State; a transcript, recording or summary of any public hearing which was held by the State; and a responsiveness summary which identifies the public participation activities conducted, describes the matters presented to the public, summarizes significant comments received, and responds to these comments. A copy of the responsiveness summary shall be sent to those who testified at the hearing, and others upon request. (c) After determining that a State's submission for UIC program approval is complete the Administrator … | ||||
| 40:40:25.0.1.1.8.4.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.32 Procedures for revision of State programs. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 75 FR 77291, Dec. 10, 2010] | (a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The state shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities. (b) Revision of a State program shall be accomplished as follows: (1) The State shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances. (2) Whenever EPA determines that the proposed program revision is substantial, EPA shall issue public notice and provide an opportunity to comment for a period of at least 30 days. The public notice shall be mailed to interested persons and shall be published in the Federal Register and in enough of the largest newspapers in the State to provide Statewide coverage. The public notice shall summarize the proposed revisions and provide for the opportunity to request a public hearing. Such a hearing will be held is there if significant public interest based on requests received. All requests for expansions to the areal extent of Class II enhanced oil recovery or enhanced gas recovery aquifer exemptions for Class VI wells must be treated as substantial program revisions. (3) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking Water Act. (4) A program revision shall become effective upon the approval of the Administrator. Notice of approval of any substantial revision shall be published in the Federal Register. Notice of approval of non-substantial program revisions may be given by a letter from the Administrator to the State Governor or his designee. (c) States with approved programs shall notify EPA whenever they propose to transfer all or part of any program from the approved State agency to any other State agency, and sh… | |||
| 40:40:25.0.1.1.8.4.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.33 Criteria for withdrawal of State programs. | EPA | (a) The Administrator may withdraw program approval when a State program no longer complies with the requirements of this part, and the State fails to take corrective action. Such circumstances include the following: (1) When the State's legal authority no longer meets their requirements of this part, including: (i) Failure of the State to promulgate or enact new authorities when necessary; or (ii) Action by a State legislature or court striking down or limiting State authorities. (2) When the operation of the State program fails to comply with the requirements of this part, including: (i) Failure to exercise control over activities required to be regulated under this part, including failure to issue permits; (ii) Repeated issuance of permits which do not conform to the requirements of this part; or (iii) Failure to comply with the public participation requirements of this part. (3) When the State's enforcement program fails to comply with the requirements of this part, including: (i) Failure to act on violations of permits or other program requirements; (ii) Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or (iii) Failure to inspect and monitor activities subject to regulation. (4) When the State program fails to comply with the terms of the Memorandum of Agreement required under § 145.24. | ||||
| 40:40:25.0.1.1.8.4.45.4 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.34 Procedures for withdrawal of State programs. | EPA | (a) A State with a program approved under this part may voluntarily transfer program responsibilities required by Federal law to EPA by taking the following actions, or in such other manner as may be agreed upon with the Administrator. (1) The State shall give the Administrator 180 days notice of the proposed transfer and shall submit a plan for the orderly transfer of all relevant program information not in the possession of EPA (such as permits, permit files, compliance files, reports, permit applications) which are necessary for EPA to administer the program. (2) Within 60 days of receiving the notice and transfer plan, the Administrator shall evaluate the State's transfer plan and shall identify any additional information needed by the Federal government for program administration and/or identify any other deficiencies in the plan. (3) At least 30 days before the transfer is to occur the Administrator shall publish notice of the transfer in the Federal Register and in enough of the largest newspapers in the State to provide Statewide coverage, and shall mail notice to all permit holders, permit applicants, other regulated persons and other interested persons on appropriate EPA and State mailing lists. (b) Approval of a State UIC program may be withdrawn and a Federal program established in its place when the Administrator determines, after holding a public hearing, that the State program is not in compliance with the requirements of SDWA and this part. (1) Notice to State of public hearing. If the Administrator has cause to believe that a State is not administering or enforcing its authorized program in compliance with the requirements of SDWA and this part, he or she shall inform the State by registered mail of the specific areas of alleged noncompliance. If the State demonstrates to the Administrator within 30 days of such notification that the State program is in compliance, the Administrator shall take no further action toward withdrawal and shall so notify the State by registered mail. (2) Pub… | ||||
| 40:40:25.0.1.1.8.5.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | E | Subpart E—Indian Tribes | § 145.52 Requirements for Tribal eligibility. | EPA | [53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994] | The Administrator is authorized to treat an Indian Tribe as eligible to apply for primary enforcement responsibility for the Underground Injection Control Program if it meets the following criteria: (a) The Indian Tribe is recognized by the Secretary of the Interior. (b) The Indian Tribe has a Tribal governing body which is currently “carrying out substantial governmental duties and powers” over a defined area, ( i.e., is currently performing governmental functions to promote the health, safety, and welfare of the affected population within a defined geographic area). (c) The Indian Tribe demonstrates that the functions to be performed in regulating the underground injection wells that the applicant intends to regulate are within the area of the Indian Tribal government's jurisdiction. (d) The Indian Tribe is reasonably expected to be capable, in the Administrator's judgment, of administering (in a manner consistent with the terms and purposes of the Act and all applicable regulations) an effective Underground Injection Control Program. | |||
| 40:40:25.0.1.1.8.5.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | E | Subpart E—Indian Tribes | § 145.56 Request by an Indian Tribe for a determination of eligibility. | EPA | [53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994] | An Indian Tribe may apply to the Administrator for a determination that it meets the criteria of section 1451 of the Act. The application shall be concise and describe how the Indian Tribe will meet each of the requirements of § 145.52. The application shall consist of the following: (a) A statement that the Tribe is recognized by the Secretary of the Interior. (b) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. The statement should: (1) Describe the form of the Tribal government; (2) Describe the types of governmental functions currently performed by the Tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population; taxation; and the exercise of the power of eminent domain; and (3) Identify the sources of the Tribal government's authority to carry out the governmental functions currently being performed. (c) A map or legal description of the area over which the Indian Tribe asserts jurisdiction; a statement by the Tribal Attorney General (or equivalent official) which describes the basis for the Tribe's jurisdictional assertion (including the nature or subject matter of the asserted jurisdiction); a copy of those documents such as Tribal constitutions, by-laws, charters, executive orders, codes, ordinances, and/or resolutions which the Tribe believes are relevant to its assertions regarding jurisdiction; and a description of the locations of the underground injection wells the Tribe proposes to regulate. (d) A narrative statement describing the capability of the Indian Tribe to administer an effective Underground Injection Control program which should include: (1) A description of the Indian Tribe's previous management experience which may include, the administration of programs and services authorized under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq. ),… | |||
| 40:40:25.0.1.1.8.5.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | E | Subpart E—Indian Tribes | § 145.58 Procedure for processing an Indian Tribe's application. | EPA | [53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994] | (a) The Administrator shall process a completed application of an Indian Tribe in a timely manner. He shall promptly notify the Indian Tribe of receipt of the application. (b) A tribe that meets the requirements of § 145.52 is eligible to apply for development grants and primary enforcement responsibility for an Underground Injection Control program and the associated funding under section 1443(b) of the Act and primary enforcement responsibility for the Underground Injection Control Program under sections 1422 and/or 1425 of the Act. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);