[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: 40CFR142.23]

[Page 597]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of Contents
 
        Subpart C_Review of State-Issued Variances and Exemptions
 
Sec.  142.23  Notice to State.

    (a) If the Administrator finds that a State has, in a substantial 
number of instances, abused its discretion in granting variances or 
exemptions under section 1415(a) or section 1416(a) of the Act or failed 
to prescribe schedules in accordance with section 1415(a) or section 
1416(b) of the Act, he shall notify the State of his findings. Such 
notice shall:
    (1) Identify each public water system for which the finding was 
made;
    (2) Specify the reasons for the finding; and
    (3) As appropriate, propose revocation of specific variances or 
exemptions, or propose revised schedules for specific public water 
systems.
    (b) The Administrator shall also notify the State of a public 
hearing to be held on the provisions of the notice required by paragraph 
(a) of this section. Such notice shall specify the time and location for 
the hearing. If, upon notification of a finding by the Administrator, 
the State takes adequate corrective action, the Administrator shall 
rescind his notice to the State of a public hearing, provided that the 
Administrator is notified of the corrective action prior to the hearing.
    (c) The Administrator shall publish notice of the public hearing in 
the Federal Register and in a newspaper or newspapers of general 
circulation in the involved State including a summary of the findings 
made pursuant to paragraph (a) of this section, a statement of the time 
and location for the hearing, and the address and telephone number of an 
office at which interested persons may obtain further information 
concerning the hearing.
    (d) Hearings convened pursuant to paragraphs (b) and (c) of this 
section shall be conducted before a hearing officer to be designated by 
the Administrator. The hearing shall be conducted by the hearing officer 
in an informal, orderly and expeditious manner. The hearing officer 
shall have authority to call witnesses, receive oral and written 
testimony and take such other action as may be necessary to assure the 
fair and efficient conduct of the hearing. Following the conclusion of 
the hearing, the hearing officer shall forward the record of the hearing 
to the Administrator.
    (e) Within 180 days after the date notice is given pursuant to 
paragraph (b) of this section, the Administrator shall:
    (1) Rescind the finding for which the notice was given and promptly 
notify the State of such rescission, or
    (2) Promulgate with any modifications as appropriate such revocation 
and revised schedules proposed in such notice and promptly notify the 
State of such action.
    (f) A revocation or revised schedule shall take effect 90 days after 
the State is notified under paragraph (e)(2) of this section.