[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: 40CFR142.19]

[Page 652-653]
 
                   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. 142.19  EPA review of State implementation of national primary drinking 

water regulations for lead and copper.

    (a) Pursuant to the procedures in this section, the Regional 
Administrator may review state determinations establishing corrosion 
control or source water treatment requirements for lead or copper and 
may issue an order establishing federal treatment requirements for a 
public water system pursuant to Sec. 141.82 (d) and (f) and Sec. 
141.83(b) (2) and (4) where the Regional Administrator finds that:
    (1) A State has failed to issue a treatment determination by the 
applicable deadline;
    (2) A State has abused its discretion in making corrosion control or 
source water treatment determinations in a substantial number of cases 
or in cases affecting a substantial population, or
    (3) The technical aspects of State's determination would be 
indefensible in an expected federal enforcement action taken against a 
system.
    (b) If the Regional Administrator determines that review of state 
determination(s) under this section may be appropriate, he shall request 
the State to forward to EPA the state determination and all information 
that was considered by the State in making its determination, including 
public comments, if any, within 60 days of the Regional Adminstrator's 
request.
    (c) Proposed review of state determinations:
    (1) Where the Regional Administrator finds that review of a state 
determination under paragraph (a) of this section is appropriate, he 
shall issue a proposed review order which shall:
    (i) Identify the public water system(s) affected, the State 
determination being reviewed and the provisions of state and/or federal 
law at issue;
    (ii) Identify the determination that the State failed to carry out 
by the applicable deadline, or identify the particular provisions of the 
State determination which, in the Regional Administrator's judgment, 
fail to carry out properly applicable treatment requirements, and 
explain the basis for the Regional Administrator's conclusion;
    (iii) Identify the treatment requirements which the Regional 
Administrator proposes to apply to the affected system(s), and explain 
the basis for the proposed requirements;
    (iv) Request public comment on the proposed order and the supporting 
record.
    (2) The Regional Administrator shall provide notice of the proposed 
review order by:

[[Page 653]]

    (i) Mailing the proposed order to the affected public water 
system(s), the state agency whose order is being reviewed, and any other 
parties of interest known to the Regional Administrator; and
    (ii) Publishing a copy of the proposed order in a newspaper of 
general circulation in the affected communities.
    (3) The Regional Administrator shall make available for public 
inspection during the comment period the record supporting the proposed 
order, which shall include all of the information submitted by the State 
to EPA under paragraph (b) of this section, all other studies, 
monitoring data and other information considered by the Agency in 
developing the proposed order.
    (d) Final review order:
    (1) Based upon review of all information obtained regarding the 
proposed review order, including public comments, the Regional 
Administrator shall issue a final review order within 120 days after 
issuance of the proposed order which affirms, modifies, or withdraws the 
proposed order. The Regional Administrator may extend the time period 
for issuing the final order for good cause. If the final order modifies 
or withdraws the proposed order, the final order shall explain the 
reasons supporting the change.
    (2) The record of the final order shall consist of the record 
supporting the proposed order, all public comments, all other 
information considered by the Regional Administrator in issuing the 
final order and a document responding to all significant public comments 
submitted on the proposed order. If new points are raised or new 
material supplied during the public comment period, the Regional 
Administrator may support the responses on those matters by adding new 
materials to the record. The record shall be complete when the final 
order is issued.
    (3) Notice of the final order shall be provided by mailing the final 
order to the affected system(s), the State, and all parties who 
commented on the proposed order.
    (4) Upon issuance of the final order, its terms constitute 
requirements of the national primary drinking water regulation for lead 
and/or copper until such time as the Regional Administrator issues a new 
order (which may include recision of the previous order) pursuant to the 
procedures in this section. Such requirements shall supersede any 
inconsistent treatment requirements established by the State pursuant to 
the national primary drinking water regulations for lead and copper.
    (5) The Regional Administrator may not issue a final order to impose 
conditions less stringent than those imposed by the State.
    (e) The Regional Administrator may not delegate authority to sign 
the final order under this section.
    (f) Final action of the Regional Administrator under paragraph (d) 
of this section shall constitute action of the Administrator for 
purposes of 42 U.S.C. Sec. 300j-7(a)(2).

[56 FR 26563, June 7, 1991]