of CWA requires that

to the Administrator at least three in the administration of a State program shall be available to EPA upon request INPDES States have the authority "be imme copies of a program submission. The without restriction. If the information permits which control the disposal of submission shall contain the following: has been submitted to the State under a pollutants into wells" in many instances, (1) A letter from the Governor of the therefore, APDES States will have existing claim of confidentiality. the State must State requesting program approval: statutory authority to regulate well disposal submit that claim to EPA when which satisfies the requirements of the ULC (2) A complete program description. providing information under this section. program. Note. however, that CWA excludes as required by 1 145.23, describing how Any information obtained from a State certain types of well injections from the the State intends to carry out its and subject to a claim of confidentiality definition of "pollutant" If the State's responsibilities under this Part; will be treated in accordance with the statutory authority contains a similar (3) An Attorney General's statement regulations in 40 CFR Part 2 If EPA exclusion it may meed to be modified to as required by 145.24; obtains from a State information that is qualify for UIC program approval] (4) A Memorandum of Agreement not claimed to be confidential. EPA may (d) If a State can demonstrate to with the Regional Administrator as make that information available to the EPA's satisfaction that there are no required by 1 145.25; public without further notice. underground injections within the State (5) Copies of all applicable State (b) EPA shall furnish to States with for one or more classes of injection statutes and regulations. including those approved programs the information in wells (other than Class IV wells) subject governing State administrative its files not submitted under a claim of to SDWA and that such injections procedures; confidentiality which the State needs to cannot legally occur in the State until (6) The showing required by implement its approved program. EPA the State has developed an approved $ 145.31(b) of the State's public shall furnish to States with approved program for those classes of injections. participation activities prier to program programs information submitted to EPA the State need not submit a program to submission under a claim of confidentiality, which regulate those injections and a partial (b) Within so days of receipt by EPA the State needs to implement its program may be approved. The of & State program submission. EPA will approved program, subject to the demonstration of legal prohibition shall notify the State whether its submission conditions in 40 CFR Part 2. be made by either explicitly banning is complete. If EPA finds that a State's new injections of the class not covered submission is complete. the statudory Subpart C-State Program by the State program or providing a review period (Le., the period of time Submissions certification from the State Attorney allotted for formal EPA review of a General that such new injections cannot proposed State program under the Safe $ 145.21 General requirements for legally occur until the State has Drinking Water Act) shall be deemed to program approvals. developed an approved program for that have began on the date of receipt of the (a) States shall submit to the class. The State shall submit a program State's submission. If EPA finds that a Administrator a proposed State UIC to regulate both those classes of State's submission is incomplete, the program complying with 1 145.22 of this injections for which a demonstration is statutory review period shall not begin Part within 270 days of the date of not made and class IV wells. until all the necessary information is promulgation of the UIC regulations on (e) When a State UIC program is fully received by EPA. June 24. 1980. The administrator may. for approved by EPA to regulate all classes (c) If the State's submission is good cause, extend the date inc of injections. the State assumes primary materially changed during the statutory submission of a proposed State UIC enforcement authority under Section review period, the statutory review program for up to as additional 270 1422(b)(3) of SDWA. EPA retains period shall begin again upon receipt of days. primary enforcement responsibility the revised submission. (b) States shall submit to the whenever the State program is (d) The State and EPA may extend the Administrator 6 months after the date of disapproved in whole or in part States statutory review period by agreement. promulgation of the UIC regulations a which have partially approved programs report describing the State's progress in have authority to enforce any violation 4 145.28 Program description. developing a UIC program. If the of the approved portion of their Any State that seeks to administer a Administrator extends the time for program. EPA retains authority to program under this part shall submit a submission of a UIC program an enforce violations of State underground description of the program it proposes to additional 270 days. pursuant to injection control programs. except that, administer in lieu of the Federal I 145.21(a). the State shall submit a when a State has a fully approved program under State law or under as second report six months after the first program. EPA will not take enforcement interstate compect. The program report is due The Administrator may actions without providing prior notice to description shall include: prescribe the manner and form of the the State and otherwise complying with (a) A description in narrative form of report.