[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: 40CFR142.14]

[Page 629-636]
 
                   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. 142.14  Records kept by States.

    (a) Each State which has primary enforcement responsibility shall 
maintain records of tests, measurements, analyses, decisions, and 
determinations performed on each public water system to determine 
compliance with applicable provisions of State primary drinking water 
regulations.
    (1) Records of microbiological analyses shall be retained for not 
less than 1 year. Actual laboratory reports may be kept or data may be 
transferred to tabular summaries, provided that the information retained 
includes:
    (i) The analytical method used;
    (ii) The number of samples analyzed each month;
    (iii) The analytical results, set forth in a form which makes 
possible comparison with the limits specified in Sec. Sec. 141.63, 
141.71, and 141.72 of this chapter.
    (2) Records of microbiological analyses of repeat or special samples 
shall

[[Page 630]]

be retained for not less than one year in the form of actual laboratory 
reports or in an appropriate summary form.
    (3) Records of turbidity measurements must be kept for not less than 
one year. The information retained must be set forth in a form which 
makes possible comparison with the limits specified in Sec. Sec. 
141.71, 141.73, 141.173 and 141.175, 141.550-141.553 and 141.560-141.564 
of this chapter. Until June 29, 1993, for any public water system which 
is providing filtration treatment and until December 30, 1991, for any 
public water system not providing filtration treatment and not required 
by the State to provide filtration treatment, records kept must be set 
forth in a form which makes possible comparison with the limits 
contained in Sec. 141.13 of this chapter.
    (4)(i) Records of disinfectant residual measurements and other 
parameters necessary to document disinfection effectiveness in 
accordance with Sec. Sec. 141.72 and 141.74 of this chapter and the 
reporting requirements of Sec. Sec. 141.75, 141.175, and 141.570, of 
this chapter must be kept for not less than one year.
    (ii) Records of decisions made on a system-by-system and case-by-
case basis under provisions of part 141, subpart H, subpart P, or 
subpart T of this chapter, must be made in writing and kept by the 
State.
    (A) Records of decisions made under the following provisions shall 
be kept for 40 years (or until one year after the decision is reversed 
or revised) and a copy of the decision must be provided to the system:
    (1) Section 141.73(a)(1)--Any decision to allow a public water 
system using conventional filtration treatment or direct filtration to 
substitute a turbidity limit greater than 0.5 NTU;
    (2) Section 141.73(b)(1)--Any decision to allow a public water 
system using slow sand filtration to substitute a turbidity limit 
greater than 1 NTU;
    (3) Section 141.74(b)(2)--Any decision to allow an unfiltered public 
water system to use continuous turbidity monitoring;
    (4) Section 141.74(b)(6)(i)--Any decision to allow an unfiltered 
public water system to sample residual disinfectant concentration at 
alternate locations if it also has ground water source(s);
    (5) Section 141.74(c)(1)--Any decision to allow a public water 
system using filtration treatment to use continuous turbidity 
monitoring; or a public water system using slow sand filtration or 
filtration treatment other than conventional treatment, direct 
filtration or diatomaceous earth filtration to reduce turbidity sampling 
to once per day; or for systems serving 500 people or fewer to reduce 
turbidity sampling to once per day;
    (6) Section 141.74(c)(3)(i)--Any decision to allow a filtered public 
water system to sample disinfectant residual concentration at alternate 
locations if it also has ground water source(s);
    (7) Section 141.75(a)(2)(ix)--Any decision to allow reduced 
reporting by an unfiltered public water system;
    (8) Section 141.75(b)(2)(iv)--Any decision to allow reduced 
reporting by a filtered public water system; and
    (9) Section 141.76--Any decisions made to approve alternate recycle 
locations, require modifications to recycle return locations, or require 
modifications to recycle practices.
    (B) Records of decisions made under the following provisions shall 
be kept for one year after the decision is made:
    (1) Section 141.71(b)(1)(i)--Any decision that a violation of 
monthly CT compliance requirements was caused by circumstances that were 
unusual and unpredictable.
    (2) Section 141.71(b)(1)(iv)--Any decision that a violation of the 
disinfection effectiveness criteria was not caused by a deficiency in 
treatment of the source water;
    (3) Section 141.71(b)(5)--Any decision that a violation of the total 
coliform MCL was not caused by a deficiency in treatment of the source 
water;
    (4) Section 141.74(b)(1)--Any decision that total coliform 
monitoring otherwise required because the turbidity of the source water 
exceeds 1 NTU is not feasible, except that if such decision allows a 
system to avoid monitoring without receiving State approval in each 
instance, records of the decision shall be kept until one year after the 
decision is rescinded or revised.
    (C) Records of decisions made under the following provisions shall 
be kept

[[Page 631]]

for the specified period or 40 years, whichever is less.
    (1) Section 141.71(a)(2)(i)--Any decision that an event in which the 
source water turbidity which exceeded 5 NTU for an unfiltered public 
water system was unusual and unpredictable shall be kept for 10 years.
    (2) Section 141.71(b)(1)(iii)--Any decision by the State that 
failure to meet the disinfectant residual concentration requirements of 
Sec. 141.72(a)(3)(i) was caused by circumstances that were unusual and 
unpredictable, shall be kept unless filtration is installed. A copy of 
the decision must be provided to the system.
    (3) Section 141.71(b)(2)--Any decision that a public water system's 
watershed control program meets the requirements of this section shall 
be kept until the next decision is available and filed.
    (4) Section 141.70(c)--Any decision that an individual is a 
qualified operator for a public water system using a surface water 
source or a ground water source under the direct influence of surface 
water shall be maintained until the qualification is withdrawn. The 
State may keep this information in the form of a list which is updated 
periodically. If such qualified operators are classified by category, 
the decision shall include that classification.
    (5) Section 141.71(b)(3)--Any decision that a party other than the 
State is approved by the State to conduct on-site inspections shall be 
maintained until withdrawn. The State may keep this information in the 
form of a list which is updated periodically.
    (6) Section 141.71(b)(4)--Any decision that an unfiltered public 
water system has been identified as the source of a waterborne disease 
outbreak, and, if applicable, that it has been modified sufficiently to 
prevent another such occurrence shall be kept until filtration treatment 
is installed. A copy of the decision must be provided to the system.
    (7) Section 141.72--Any decision that certain interim disinfection 
requirements are necessary for an unfiltered public water system for 
which the State has determined that filtration is necessary, and a list 
of those requirements, shall be kept until filtration treatment is 
installed. A copy of the requirements must be provided to the system.
    (8) Section 141.72(a)(2)(ii)--Any decision that automatic shut-off 
of delivery of water to the distribution system of an unfiltered public 
water system would cause an unreasonable risk to health or interfere 
with fire protection shall be kept until rescinded.
    (9) Section 141.72(a)(4)(ii)--Any decision by the State, based on 
site-specific considerations, that an unfiltered system has no means for 
having a sample transported and analyzed for HPC by a certified 
laboratory under the requisite time and temperature conditions specified 
by Sec. 141.74(a)(3) and that the system is providing adequate 
disinfection in the distribution system, so that the disinfection 
requirements contained in Sec. 141.72(a)(4)(i) do not apply, and the 
basis for the decision, shall be kept until the decision is reversed or 
revised. A copy of the decision must be provided to the system.
    (10) Section 141.72(b)(3)(ii)--Any decision by the State, based on 
site-specific conditions, that a filtered system has no means for having 
a sample transported and analyzed for HPC by a certified laboratory 
under the requisite time and temperature conditions specified by Sec. 
141.74(a)(3) and that the system is providing adequate disinfection in 
the distribution system, so that the disinfection requirements contained 
in Sec. 141.72(b)(3)(i) do not apply, and the basis for the decision, 
shall be kept until the decision is reversed or revised. A copy of the 
decision must be provided to the system.
    (11) Section 141.73(d)--Any decision that a public water system, 
having demonstrated to the State that an alternative filtration 
technology, in combination with disinfection treatment, consistently 
achieves 99.9 percent removal and/or inactivation of Giardia lamblia 
cysts and 99.99 percent removal and/or inactivation of viruses, may use 
such alternative filtration technology, shall be kept until the decision 
is reversed or revised. A copy of the decision must be provided to the 
system.
    (12) Section 141.74(b), table 3.1--Any decision that a system using 
either preformed chloramines or chloramines

[[Page 632]]

formed by the addition of ammonia prior to the addition of chlorine has 
demonstrated that 99.99 percent removal and/or inactivation of viruses 
has been achieved at particular CT values, and a list of those values, 
shall be kept until the decision is reversed or revised. A copy of the 
list of required values must be provided to the system.
    (13) Section 141.74(b)(3)(v)--Any decision that a system using a 
disinfectant other than chlorine may use CT99.9 values other 
than those in tables 2.1 or 3.1 and/or other operational parameters to 
determine if the minimum total inactivation rates required by Sec. 
141.72(a)(1) are being met, and what those values or parameters are, 
shall be kept until the decision is reversed or revised. A copy of the 
list of required values or parameters must be provided to the system.
    (14) Section 142.16(b)(2)(i)(B)--Any decision that a system using a 
ground water source is under the direct influence of surface water.
    (iii) Records of any determination that a public water system 
supplied by a surface water source or a ground water source under the 
direct influence of surface water is not required to provide filtration 
treatment shall be kept for 40 years or until withdrawn, whichever is 
earlier. A copy of the determination must be provided to the system.
    (5) Records of each of the following decisions made pursuant to the 
total coliform provisions of part 141 shall be made in writing and 
retained by the State.
    (i) Records of the following decisions must be retained for 5 years.
    (A) Section 141.21(b)(1)--Any decision to waive the 24-hour time 
limit for collecting repeat samples after a total coliform-positive 
routine sample if the public water system has a logistical problem in 
collecting the repeat sample that is beyond the system's control, and 
what alternative time limit the system must meet.
    (B) Section 141.21(b)(5)--Any decision to allow a system to waive 
the requirement for five routine samples the month following a total 
coliform-positive sample. If the waiver decision is made as provided in 
Sec. 141.21(b)(5), the record of the decision must contain all the 
items listed in that paragraph.
    (C) Section 141.21(c)--Any decision to invalidate a total coliform-
positive sample. If the decision to invalidate a total coliform-positive 
sample as provided in Sec. 141.21(c)(1)(iii) is made, the record of the 
decision must contain all the items listed in that paragraph.
    (ii) Records of each of the following decisions must be retained in 
such a manner so that each system's current status may be determined.
    (A) Section 141.21(a)(2)--Any decision to reduce the total coliform 
monitoring frequency for a community water system serving 1,000 persons 
or fewer, that has no history of total coliform contamination in its 
current configuration and had a sanitary survey conducted within the 
past five years showing that the system is supplied solely by a 
protected groundwater source and is free of sanitary defects, to less 
than once per month, as provided in Sec. 141.21(a)(2); and what the 
reduced monitoring frequency is. A copy of the reduced monitoring 
frequency must be provided to the system.
    (B) Section 141.21(a)(3)(i)--Any decision to reduce the total 
coliform monitoring frequency for a non-community water system using 
only ground water and serving 1,000 persons or fewer to less than once 
per quarter, as provided in Sec. 141.21(a)(3)(i), and what the reduced 
monitoring frequency is. A copy of the reduced monitoring frequency must 
be provided to the system.
    (C) Section 141.21(a)(3)(ii)--Any decision to reduce the total 
coliform monitoring frequency for a non-community water system using 
only ground water and serving more than 1,000 persons during any month 
the system serves 1,000 persons or fewer, as provided in Sec. 
141.21(a)(3)(ii). A copy of the reduced monitoring frequency must be 
provided to the system.
    (D) Section 141.21(a)(5)--Any decision to waive the 24-hour limit 
for taking a total coliform sample for a public water system which uses 
surface water, or ground water under the direct influence of surface 
water, and which does not practice filtration in accordance with part 
141, subpart H, and which measures a source water turbidity level

[[Page 633]]

exceeding 1 NTU near the first service connection as provided in Sec. 
141.21(a)(5).
    (E) Section 141.21(d)(1)--Any decision that a non-community water 
system is using only protected and disinfected ground water and 
therefore may reduce the frequency of its sanitary survey to less than 
once every five years, as provided in Sec. 141.21(d), and what that 
frequency is. A copy of the reduced frequency must be provided to the 
system.
    (F) Section 141.21(d)(2)--A list of agents other than the State, if 
any, approved by the State to conduct sanitary surveys.
    (G) Section 141.21(e)(2)--Any decision to allow a public water 
system to forgo fecal coliform or E. coli testing on a total coliform-
positive sample if that system assumes that the total coliform-positive 
sample is fecal coliform-positive or E. coli- positive, as provided in 
Sec. 141.21(e)(2).
    (6) Records of analysis for other than microbiological contaminants 
(including total coliform, fecal coliform, and heterotrophic plate 
count), residual disinfectant concentration, other parameters necessary 
to determine disinfection effectiveness (including temperature and pH 
measurements), and turbidity shall be retained for not less than 12 
years and shall include at least the following information:
    (i) Date and place of sampling.
    (ii) Date and results of analyses.
    (7) Any decisions made pursuant to the provisions of part 141, 
subpart P or subpart T of this chapter.
    (i) Records of systems consulting with the State concerning a 
modification to disinfection practice under Sec. Sec. 141.170(d), 
141.172(c), and 141.542 of this chapter, including the status of the 
consultation.
    (ii) Records of decisions that a system using alternative filtration 
technologies, as allowed under Sec. Sec. 141.173(b) and Sec. 141.552 
of this chapter, can consistently achieve a 99.9 percent removal and/or 
inactivation of Giardia lamblia cysts, 99.99 percent removal and/or 
inactivation of viruses, and 99 percent removal of Cryptosporidium 
oocysts. The decisions must include State-set enforceable turbidity 
limits for each system. A copy of the decision must be kept until the 
decision is reversed or revised. The State must provide a copy of the 
decision to the system.
    (iii) Records of systems required to do filter self-assessment, CPE, 
or CCP under the requirements of Sec. Sec. 141.175 and 141.563 of this 
chapter.
    (8) Any decisions made pursuant to the provisions of 40 CFR part 
141, subparts U and V of this part.
    (i) IDSE monitoring plans, plus any modifications required by the 
State, must be kept until replaced by approved IDSE reports.
    (ii) IDSE reports and 40/30 certifications, plus any modifications 
required by the State, must be kept until replaced or revised in their 
entirety.
    (iii) Operational evaluations submitted by a system must be kept for 
10 years following submission.
    (9) Any decisions made pursuant to the provisions of part 141, 
subpart W of this chapter.
    (i) Results of source water E. coli and Cryptosporidium monitoring.
    (ii) The bin classification after the initial and after the second 
round of source water monitoring for each filtered system, as described 
in Sec. 141.710 of this chapter.
    (iii) Any change in treatment requirements for filtered systems due 
to watershed assessment during sanitary surveys, as described in Sec. 
141.711(d) of this chapter.
    (iv) The determination of whether the mean Cryptosporidium level is 
greater than 0.01 oocysts/L after the initial and after the second round 
of source water monitoring for each unfiltered system, as described in 
Sec. 141.712(a) of this chapter.
    (v) The treatment processes or control measures that systems use to 
meet their Cryptosporidium treatment requirements under Sec. 141.711 or 
Sec. 141.712 of this chapter.
    (vi) A list of systems required to cover or treat the effluent of an 
uncovered finished water storage facility, as specified in Sec. 141.714 
of this chapter.
    (b) Records required to be kept pursuant to paragraph (a) of this 
section must be in a form admissible as evidence in State enforcement 
proceedings.

[[Page 634]]

    (c) Each State which has primary enforcement responsibility shall 
maintain current inventory information for every public water system in 
the State and shall retain inventory records of public water systems for 
not less than 12 years.
    (d) Each State which has primary enforcement responsibility shall 
retain, for not less than 12 years, files which shall include for each 
such public water system in the State:
    (1) Reports of sanitary surveys;
    (2) Records of any State approvals;
    (3) Records of any enforcement actions.
    (4) A record of the most recent vulnerability determination, 
including the monitoring results and other data supporting the 
determination, the State's findings based on the supporting data and any 
additional bases for such determination; except that it shall be kept in 
perpetuity or until a more current vulnerability determination has been 
issued.
    (5) A record of all current monitoring requirements and the most 
recent monitoring frequency decision pertaining to each contaminant, 
including the monitoring results and other data supporting the decision, 
the State's findings based on the supporting data and any additional 
bases for such decision; except that the record shall be kept in 
perpetuity or until a more recent monitoring frequency decision has been 
issued.
    (6) A record of the most recent asbestos repeat monitoring 
determination, including the monitoring results and other data 
supporting the determination, the State's findings based on the 
supporting data and any additional bases for the determination and the 
repeat monitoring frequency; except that these records shall be 
maintained in perpetuity or until a more current repeat monitoring 
determination has been issued.
    (7) Records of annual certifications received from systems pursuant 
to part 141, subpart K demonstrating the system's compliance with the 
treatment techniques for acrylamide and/or epichlorohydrin in Sec. 
14.111.
    (8) Records of the currently applicable or most recent State 
determinations, including all supporting information and an explanation 
of the technical basis for each decision, made under the following 
provisions of 40 CFR, part 141, subpart I for the control of lead and 
copper:
    (i) Section 141.81(b)--for any water system deemed to be optimized 
under Sec. 141.81(b)(1) or (b)(3) of this chapter, any conditions 
imposed by the State on specific water systems to ensure the continued 
operation and maintenance of corrosion control treatment in place;
    (ii) Section 141.82(b)--decisions to require a water system to 
conduct corrosion control treatment studies;
    (iii) Section 141.82(d)--designations of optimal corrosion control 
treatment;
    (iv) Section 141.82(f)--designations of optimal water quality 
parameters;
    (v) Section 141.82(h)--decisions to modify a public water system's 
optimal corrosion control treatment or water quality parameters;
    (vi) Section 141.83(b)(2)--determinations of source water treatment;
    (vii) Section 141.83(b)(4)--designations of maximum permissible 
concentrations of lead and copper in source water;
    (viii) Section 141.84(e)--determinations establishing shorter lead 
service line service line replacement schedules under Sec. 141.84;
    (ix) Sections 141.81(b)(3)(iii), 141.86(d)(4)(vii), and 
141.86(g)(4)(iii)--determinations of additional monitoring requirements 
and/or other actions required to maintain optimal corrosion control by 
systems monitoring for lead and copper at the tap less frequently than 
once every six months that change treatment or add a new source of 
water;
    (x) Section 141.85--system-specific decisions regarding the content 
of written public education materials and/or the distribution of these 
materials;
    (xi) Section 141.86(b)(5)--system-specific determinations regarding 
use of non-first-draw samples at non-transient non-community water 
systems, and community water systems meeting the criteria of Sec. Sec. 
141.85(c)(7)(i) and (ii) of this chapter, that operate 24 hours a day;
    (xii) Section 141.86(c)--system-specific designations of sampling 
locations

[[Page 635]]

for systems subject to reduced monitoring;
    (xiii) Section 141.86(d)(iv)(A)--system-specific determinations 
pertaining to alternative sample collection periods for systems subject 
to reduced monitoring;
    (xiv) Section 141.86(g)--determinations of small system monitoring 
waivers, waiver recertifications, and waiver revocations;
    (xv) Section 141.87(c)(3)--determinations regarding representative 
entry point locations at ground water systems;
    (xvi) Section 141.90(e)(4)--system-specific determinations regarding 
the submission of information to demonstrate compliance with partial 
lead service line replacement requirements; and
    (xvii) Section 141.90(f)--system-specific decisions regarding the 
resubmission of detailed documentation demonstrating completion of 
public education requirements.
    (9) Records of reports and any other information submitted by PWSs 
under Sec. 141.90 of this chapter, including records of any 90th 
percentile values calculated by the State under Sec. 141.90(h) of this 
chapter.
    (10) Records of State activities, and the results thereof, to:
    (i) Verify compliance with State determinations issued under 
Sec. Sec. 141.82(f) of this chapter, 141.82(h) of this chapter, 
141.83(b)(2) of this chapter, and 141.83(b)(4) of this chapter;
    (ii) Verify compliance with the requirements related to partial lead 
service line replacement under Sec. 141.84(d) of this chapter and 
compliance with lead service line replacement schedules under Sec. 
141.84(e) of this chapter; and
    (iii) Invalidate tap water lead and copper samples under Sec. 
141.86(f) of this chapter.
    (11) Records of each system's currently applicable or most recently 
designated monitoring requirements. If, for the records identified in 
paragraphs (d)(8)(i) through (d)(8)(xvii) of this section, no change is 
made to State determinations during a 12-year retention period, the 
State shall retain the record until a new decision, determination, or 
designation has been issued.
    (12) Records of the currently applicable or most recent State 
determinations, including all supporting information and an explanation 
of the technical basis for each decision, made under the following 
provisions of 40 CFR part 141, subpart L for the control of 
disinfectants and disinfection byproducts. These records must also 
include interim measures toward installation.
    (i) States must keep records of systems that are installing GAC or 
membrane technology in accordance with Sec. 141.64(b)(2) of this 
chapter. These records must include the date by which the system is 
required to have completed installation.
    (ii) States must keep records of systems that are required, by the 
State, to meet alternative minimum TOC removal requirements or for whom 
the State has determined that the source water is not amenable to 
enhanced coagulation in accordance with Sec. 141.135(b)(3) and (4) of 
this chapter, respectively. These records must include the alternative 
limits and rationale for establishing the alternative limits.
    (iii) States must keep records of subpart H systems using 
conventional treatment meeting any of the alternative compliance 
criteria in Sec. 141.135(a)(2) or (3) of this chapter.
    (iv) States must keep a register of qualified operators that have 
met the State requirements developed under Sec. 142.16(h)(2).
    (13) Records of systems with multiple wells considered to be one 
treatment plant in accordance with Sec. 141.132(a)(2) of this chapter 
and Sec. 142.16(h)(5).
    (14) Monitoring plans for subpart H systems serving more than 3,300 
persons in accordance with Sec. 141.132(f) of this chapter.
    (15) List of laboratories approved for analyses in accordance with 
Sec. 141.131(b) of this chapter.
    (16) List of systems required to monitor for disinfectants and 
disinfection byproducts in accordance with part 141, subpart L of this 
chapter. The list must indicate what disinfectants and DBPs, other than 
chlorine, TTHM, and HAA5, if any, are measured.
    (17) Records of the currently applicable or most recent State 
determination, including all supporting information and an explanation 
of the technical basis of each decision, made

[[Page 636]]

under the following provisions of 40 CFR part 141, subpart S and 40 CFR 
part 142.
    (i) Section 142.16(o)(2)(v). Records of written notices of 
significant deficiencies.
    (ii) Section 141.403(a)(5)(ii) of this chapter. Records of 
corrective action plans, schedule approvals, and State-specified interim 
measures.
    (iii) Section 142.16(o)(4). Records of confirmations under Sec. 
141.403(a) of this chapter that a significant deficiency has been 
corrected or the fecal contamination in the ground water source has been 
addressed.
    (iv) Section 141.402(a)(5) of this chapter. Records of State 
determinations and records of ground water system's documentation for 
not conducting triggered source water monitoring.
    (v) Section 141.402(d) of this chapter. Records of invalidations of 
fecal indicator-positive ground water source samples.
    (vi) Section 141.402(a)(2)(ii) of this chapter. Records of State 
approvals of source water monitoring plans.
    (vii) Section 142.16(o)(4)(ii). Records of notices of the minimum 
residual disinfection concentration (when using chemical disinfection) 
needed to achieve at least 4-log virus inactivation before or at the 
first customer.
    (viii) Sections 142.16(o)(4)(iv) and 142.16(o)(4)(v) Records of 
notices of the State-specified monitoring and compliance requirements 
(when using membrane filtration or alternative treatment) needed to 
achieve at least 4-log treatment of viruses (using inactivation, 
removal, or a State-approved combination of 4-log inactivation and 
removal) before or at the first customer.
    (ix) Sections 141.403(b)(1) and 141.403(b)(2) of this chapter. 
Records of written notices from the ground water system that it provides 
at least 4-log treatment of viruses (using inactivation, removal, or a 
State-approved combination of 4-log virus inactivation and removal) 
before or at the first customer for a ground water source.
    (x) Section 142.16(o)(4)(vi). Records of written determinations that 
the ground water system may discontinue 4-log treatment of viruses 
(using inactivation, removal, or a State-approved combination of 4-log 
inactivation and removal).
    (e) Each State which has primary enforcement responsibility shall 
retain records pertaining to each variance and exemption granted by it 
for a period of not less than 5 years following the expiration of such 
variance or exemption.
    (f) Public notification records under Subpart Q of Part 141 of this 
chapter received from public water systems (including certifications of 
compliance and copies of public notices) and any state determinations 
establishing alternative public notification requirements for the water 
systems must be retained for three years.
    (g) Records required to be kept under this section shall be 
available to the Regional Administrator upon request. The records 
required to be kept under this section shall be maintained and made 
available for public inspection by the State, or, the State at its 
option may require suppliers of water to make available for public 
inspection those records maintained in accordance with Sec. 141.33.

[41 FR 2918, Jan. 20, 1976, as amended at 54 FR 27537, June 29, 1989; 55 
FR 25065, June 19, 1990; 56 FR 3595, Jan. 30, 1991; 56 FR 26562, June 7, 
1991; 63 FR 69475, 69519, Dec. 16, 1998; 65 FR 2014, Jan. 12, 2000; 65 
FR 26048, May 4, 2000; 66 FR 31105, June 8, 2001; 67 FR 1843, Jan. 14, 
2002; 69 FR 38857, June 29, 2004; 71 FR 492, Jan. 4, 2006; 71 FR 785, 
Jan. 5, 2006; 71 FR 65659, Nov. 8, 2006]