[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.11]

[Page 624-626]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
              Subpart B_Primary Enforcement Responsibility
 
Sec. 142.11  Initial determination of primary enforcement responsibility.

    (a) A State may apply to the Administrator for a determination that 
the State has primary enforcement responsibility for public water 
systems in the State pursuant to section 1413 of the Act. The 
application shall be as concise as possible and include a side-by-side 
comparison of the Federal requirements and the corresponding State 
authorities, including citations to the specific statutes and 
administrative regulations or ordinances and, wherever appropriate, 
judicial decisions which demonstrate adequate authority to meet the 
requirements of Sec. 142.10. The following information is to be 
included with the State application.
    (1) The text of the State's primary drinking water regulations, with 
references to those State regulations that vary from comparable 
regulations set forth in part 141 of this chapter, and a demonstration 
that any different State regulation is at least as stringent as

[[Page 625]]

the comparable regulation contained in part 141.
    (2) A description, accompanied by appropriate documentation, of the 
State's procedures for the enforcement of the State primary drinking 
water regulations. The submission shall include:
    (i) A brief description of the State's program to maintain a current 
inventory of public water systems.
    (ii) A brief description of the State's program for conducting 
sanitary surveys, including an explanation of the priorities given to 
various classes of public water systems.
    (iii) A brief description of the State's laboratory approval or 
certification program, including the name(s) of the responsible State 
laboratory officer(s) certified by the Administrator.
    (iv) Identification of laboratory facilities, available to the 
State, certified or approved by the Administrator and capable of 
performing analytical measurements of all contaminants specified in the 
State's primary drinking water regulations.
    (v) A brief description of the State's program activity to assure 
that the design and construction of new or substantially modified public 
water system facilities will be capable of compliance with the 
requirements of the State primary drinking water regulations.
    (vi) Copies of State statutory and regulatory provisions authorizing 
the adoption and enforcement of State primary drinking water 
regulations, and a brief description of State procedures for 
administrative or judicial action with respect to public water systems 
not in compliance with such regulations.
    (3) A statement that the State will make such reports and will keep 
such records as may be required pursuant to Sec. Sec. 142.14 and 
142.15.
    (4) If the State permits variances or exemptions from its primary 
drinking water regulations, the text of the State's statutory and 
regulatory provisions concerning variances and exemptions.
    (5) A brief description of the State's plan for the provision of 
safe drinking water under emergency conditions.

    Note: In satisfaction of this requirement, for public water supplies 
from groundwater sources, EPA will accept the contingency plan for 
providing alternate drinking water supplies that is part of a State's 
Wellhead Protection Program, where such program has been approved by EPA 
pursuant to section 1428 of the SDWA.

    (6)(i) A copy of the State statutory and regulatory provisions 
authorizing the executive branch of the State government to impose an 
administrative penalty on all public water systems, and a brief 
description of the State's authority for administrative penalties that 
will ensure adequate compliance of systems serving a population of 
10,000 or fewer individuals.
    (ii) In instances where the State constitution prohibits the 
executive branch of the State government from assessing any penalty, the 
State shall submit a copy of the applicable part of its constitution and 
a statement from its Attorney General confirming this interpretation.
    (7)(i) A statement by the State Attorney General (or the attorney 
for the State primacy agency if it has independent legal counsel) or the 
attorney representing the Indian tribe that certifies that the laws and 
regulations adopted by the State or tribal ordinances to carry out the 
program were duly adopted and are enforceable. State statutes and 
regulations cited by the State Attorney General and tribal ordinances 
cited by the attorney representing the Indian tribe shall be in the form 
of lawfully adopted State statutes and regulations or tribal ordinances 
at the time the certification is made and shall be fully effective by 
the time the program is approved by EPA. To qualify as ``independent 
legal counsel,'' the attorney signing the statement required by this 
section shall have full authority to independently represent the State 
primacy agency or Indian tribe in court on all matters pertaining to the 
State or tribal program.
    (ii) After EPA has received the documents required under paragraph 
(a) of this section, EPA may selectively require supplemental statements 
by the State Attorney General (or the attorney for the State primacy 
agency if it has independent legal counsel) or the attorney representing 
the Indian tribe.

[[Page 626]]

Each supplemental statement shall address all issues concerning the 
adequacy of State authorities to meet the requirements of Sec. 142.10 
that have been identified by EPA after thorough examination as 
unresolved by the documents submitted under paragraph (a) of this 
section.
    (b)(1) The administrator shall act on an application submitted 
pursuant to Sec. 142.11 within 90 days after receiving such 
application, and shall promptly inform the State in writing of this 
action. If he denies the application, his written notification to the 
State shall include a statement of reasons for the denial.
    (2) A final determination by the Administrator that a State has met 
or has not met the requirements for primary enforcement responsibility 
shall take effect in accordance with the public notice requirements and 
related procedures under Sec. 142.13.
    (3) When the Administrator's determination becomes effective 
pursuant to Sec. 142.13, it shall continue in effect unless terminated 
pursuant to Sec. 142.17.

[41 FR 2918, Jan. 20, 1976, as amended at 54 FR 52138, Dec. 20, 1989; 60 
FR 33661, June 28, 1995; 63 FR 23367, Apr. 28, 1998]