[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.17]

[Page 593]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of Contents
 
              Subpart B_Primary Enforcement Responsibility
 
Sec.  142.17  Review of State programs and procedures for withdrawal of approved primacy programs.

    (a)(1) At least annually the Administrator shall review, with 
respect to each State determined to have primary enforcement 
responsibility, the compliance of the State with the requirements set 
forth in 40 CFR part 142, subpart B, and the approved State primacy 
program. At the time of this review, the State shall notify the 
Administrator of any State-initiated program changes (i.e., changes 
other than those to adopt new or revised EPA regulations), and of any 
transfer of all or part of its program from the approved State agency to 
any other State agency.
    (2) When, on the basis of the Administrator's review or other 
available information, the Administrator determines that a State no 
longer meets the requirements set forth in 40 CFR part 142, subpart B, 
the Administrator shall initiate proceedings to withdraw primacy 
approval. Among the factors the Administrator intends to consider as 
relevant to this determination are the following, where appropriate: 
whether the State has requested and has been granted, or is awaiting 
EPA's decision on, an extension under Sec.  142.12(b)(2) of the 
deadlines for meeting those requirements; and whether the State is 
taking corrective actions that may have been required by the 
Administrator. The Administrator shall notify the State in writing that 
EPA is initiating primacy withdrawal proceedings and shall summarize in 
the notice the information available that indicates that the State no 
longer meets such requirements.
    (3) The State notified pursuant to paragraph (a)(2) of this section 
may, within 30 days of receiving the Administrator's notice, submit to 
the Administrator evidence demonstrating that the State continues to 
meet the requirements for primary enforcement responsibility.
    (4) After reviewing the submission of the State, if any, made 
pursuant to paragraph (a)(3) of this section, the Administrator shall 
make a final determination either that the State no longer meets the 
requirements of 40 CFR part 142, subpart B, or that the State continues 
to meet those requirements, and shall notify the State of his or her 
determination. Any final determination that the State no longer meets 
the requirements of 40 CFR part 142, subpart B, shall not become 
effective except as provided in Sec.  142.13.
    (b) If a State which has primary enforcement responsibility decides 
to relinquish that authority, it may do so by notifying the 
Administrator in writing of the State's decision at least 90 days before 
the effective date of the decision.

[54 FR 52140, Dec. 20, 1989, as amended at 60 FR 33661, June 28, 1995]