EPA jurisdiction over well injection under the Federal Water Pollution Control Act

Journal Article · Thu Jan 01 04:00:00 EST 1976 · Nat. Resour. Lawyer; (United States)

OSTI ID:7331103

Eckert, A W

The Federal Water Pollution Control Act (FWPCA) of 1972 does not include underground waters as navigable, yet it establishes a national system of permits for discharges into navigable waters that must control the disposal of pollutants into wells. Although the National Pollutant Discharge Elimination system (NPDES) grants states the right to issue permits for discharging pollutants into wells, it never delineates the authority of the Environmental Protection Agency administrator from that of the state. The courts are likely to be called upon to resolve questions of authority. Amendments to clarify the issue have been debated in Congress and have revealed the confusion over the definition of navigable and ground waters. If the courts should hold that FWPCA lacks authority to impose conditions on surface water permits for ground water purposes, the National Environmental Policy Act (NEPA) may have the authoriy because of past court decisions. The Safe Drinking Water Act, which sets a state and Federal system for regulating underground injection of fluids, does not preclude court resolution. (DCK)

• Research Organization: Environmental Protection Agency, Washington, DC
• OSTI ID: 7331103
• Journal Information: Nat. Resour. Lawyer; (United States), Journal Name: Nat. Resour. Lawyer; (United States) Vol. 9:3; ISSN NRLAD
• Country of Publication: United States
• Language: English

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