The EPA also establishes secondary standards on drinking water issues related to public welfare.29 For example, secondary standards specify maximum contaminant levels for constituents affecting the odor, color, cloudiness, acidity, and taste of water in public water systems. States are not required to enforce secondary standards.
The SDWA regulates underground injections30 through a permitting scheme which is implemented and administered by individual states. The EPA promulgates regulations for state programs, but the states must adopt their own underground injection control programs (SDWA §§1421-1422, 42 USC §§300h-h-1). These programs control and authorize underground injections through the issuance of state permits. To be granted a permit, an applicant must demonstrate that the injection will not endanger drinking water sources. Under the act, an underground injection endangers drinking water sources:
if such injection may result in the presence in underground water which supplies or can reasonably be expected to supply any public water system of any contaminant, and if the presence of such contaminant may result in such system's not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons (,SDWA §1421[d], 42 USC §300h[d]).
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