In the last post, the text of the Energy Policy Act of 2005 that changes “Paragraph (1) of section 1421(d) (42 U.S.C. 300h(d)” of the Safe Drinking Water Act was cited.

It is interesting to consider  Paragaph (2) of that section, which was not amended.  That paragraph reads

(2) 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.

One might wonder whether legislators voting on the Energy Policy Act of 2005 were fully cognizant of this second paragraph of the Safe Drinking Water Act when they redefined underground injection, given that this paragraph was left out of the energy act. Paragraph (2) does add food for thought, particularly as it uses the expression “may result in …” contaminants of concern in drinking water.


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