[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: 40CFR142.18]

[Page 593-594]
 
                   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.  142.18  EPA review of State monitoring determinations.

    (a) A Regional Administrator may annul a State monitoring 
determination for the types of determinations identified in Sec. Sec.  
141.23(b), 141.23(c), 141.24(f), 141.24(h), and 141.40(n) in accordance 
with the procedures in paragraph (b) of this section.
    (b) When information available to a Regional Administrator, such as 
the results of an annual review, indicate a State determination fails to 
apply the standards of the approved State program, he may propose to 
annul the State monitoring determination by sending the State and the 
affected PWS

[[Page 594]]

a draft Rescission Order. The draft order shall:
    (1) Identify the PWS, the State determination, and the provisions at 
issue;
    (2) Explain why the State determination is not in compliance with 
the State program and must be changed; and
    (3) Describe the actions and terms of operation the PWS will be 
required to implement.
    (c) The State and PWS shall have 60 days to comment on the draft 
Rescission Order.
    (d) The Regional Administrator may not issue a Rescission Order to 
impose conditions less stringent than those imposed by the State.
    (e) The Regional Administrator shall also provide an opportunity for 
comment upon the draft Rescission Order, by
    (1) Publishing a notice in a newspaper in general circulation in 
communities served by the affected system; and
    (2) Providing 30 days for public comment on the draft order.
    (f) The State shall demonstrate that the determination is 
reasonable, based on its approved State program.
    (g) The Regional Administrator shall decide within 120 days after 
issuance of the draft Rescission Order to:
    (1) Issue the Rescission Order as drafted;
    (2) Issue a modified Rescission Order; or
    (3) Cancel the Rescission Order.
    (h) The Regional Administrator shall set forth the reasons for his 
decision, including a responsiveness summary addressing significant 
comments from the State, the PWS and the public.
    (i) The Regional Administrator shall send a notice of his final 
decision to the State, the PWS and all parties who commented upon the 
draft Rescission Order.
    (j) The Rescission Order shall remain in effect until cancelled by 
the Regional Administrator. The Regional Administrator may cancel a 
Rescission Order at any time, so long as he notifies those who commented 
on the draft order.
    (k) The Regional Administrator may not delegate the signature 
authority for a final Rescission Order or the cancellation of an order.
    (l) Violation of the actions, or terms of operation, required by a 
Rescission Order is a violation of the Safe Drinking Water Act.

[56 FR 3595, Jan. 30, 1991]