# 40 CFR § 144.4: Considerations under Federal law

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-144.4

## Section

- **Citation:** 40 CFR § 144.4
- **Heading:** Considerations under Federal law
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 40—Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER D—WATER PROGRAMS > PART 144—UNDERGROUND INJECTION CONTROL PROGRAM > Subpart A—General Provisions

## Text

The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable, its procedures must be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also must be followed.
(a) The Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq. Section 7 of the Act prohibits the Regional Administrator from assisting by license or otherwise the construction of any water resources project that would have a direct, adverse effect on the values for which a national wild and scenic river was established.
(b) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq. Section 106 of the Act and implementing regulations (36 CFR part 800) require the Regional Administrator, before issuing a license, to adopt measures when feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the National Register of Historic Places. The Act's requirements are to be implemented in cooperation with State Historic Preservation Officers and upon notice to, and when appropriate, in consultation with the Advisory Council on Historic Preservation.
(c) The Endangered Species Act, 16 U.S.C. 1531 et seq. Section 7 of the Act and implementing regulations (50 CFR part 402) require the Regional Administrator to ensure, in consultation with the Secretary of the Interior or Commerce, that any action authorized by EPA is not likely to jeopardize the continued existence of any endangered or threatened species or adversely affect its critical habitat.
(d) The Coastal Zone Management Act, 16 U.S.C. 1451 et seq. Section 307(c) of the Act and implementing regulations (15 CFR part 930) prohibit EPA from issuing a permit for an activity affecting land or water use in the coastal zone until the applicant certifies that the proposed activity complies with the State Coastal Zone Management program, and the State or its designated agency concurs with the certification (or the Secretary of Commerce overrides the States nonconcurrence).
(e) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., requires the Regional Administrator, before issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion, or other control or modification of any body of water, consult with the appropriate State agency exercising jurisdiction over wildlife resources to conserve these resources.
(f) Executive orders. [Reserved]
(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.))
[48 FR 14189, Apr. 1, 1983, as amended at 48 FR 39621, Sept. 1, 1983]

## Nearby sections

- [40 CFR § 144.1 § 144.1 Purpose and scope of part 144.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.1.md)
- [40 CFR § 144.2 § 144.2 Promulgation of Class II programs for Indian lands.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.2.md)
- [40 CFR § 144.3 § 144.3 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.3.md)
- [40 CFR § 144.4 § 144.4 Considerations under Federal law.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.4.md)
- [40 CFR § 144.5 § 144.5 Confidentiality of information.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.5.md)
- [40 CFR § 144.6 § 144.6 Classification of wells.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.6.md)
- [40 CFR § 144.7 § 144.7 Identification of underground sources of drinking water and exempted aquifers.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.7.md)
- [40 CFR § 144.8 § 144.8 Noncompliance and program reporting by the Director.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.8.md)
- [40 CFR § 144.11 § 144.11 Prohibition of unauthorized injection.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.11.md)
- [40 CFR § 144.12 § 144.12 Prohibition of movement of fluid into underground sources of drinking water.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.12.md)
- [40 CFR § 144.13 § 144.13 Prohibition of Class IV wells.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.13.md)
- [40 CFR § 144.14 § 144.14 Requirements for wells injecting hazardous waste.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.14.md)
- [40 CFR § 144.15 § 144.15 Prohibition of non-experimental Class V wells for geologic sequestration.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.15.md)
- [40 CFR § 144.16 § 144.16 Waiver of requirement by Director.](https://www.frixlaw.com/law-library/statutes/ecfr-40-144.16.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-144.4. Check the current official text before relying on it. Not legal advice.