[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.81]

[Page 631-632]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION
--Table of Contents
 
   Subpart I_Administrator's Review of State Decisions that Implement 
               Criteria Under Which Filtration Is Required
 
Sec.  142.81  Notice to the State.

    (a) If the Administrator finds through periodic review or other 
available information that a State (1) has abused its discretion in 
applying the criteria for avoiding filtration under Sec.  141.71 of this 
chapter in determining that a system does not have to provide filtration 
treatment, or (2) has failed to prescribe compliance schedules for those 
systems which must provide filtration in accordance with section 
1412(b)(7)(C)(ii) of the Act, (s)he shall notify the State of these 
findings. Such notice shall:
    (1) Identify each public water system for which the Administrator 
finds the State has abused its discretion;
    (2) Specify the reasons for the finding;
    (3) As appropriate, propose that the criteria of Sec.  141.71 of 
this chapter be applied properly to determine the need for a public 
water system to provide filtration treatment or propose a revised 
schedule for compliance by the public water system with the filtration 
treatment requirements;
    (b) The Administrator shall also notify the State that a public 
hearing is to be held on the provisions of the notice required by 
paragraph (a) of this section. Such notice shall specify the time and 
location of the hearing. If, upon notification of a finding by the 
Administrator that the State has abused its discretion under Sec.  
141.71 of this chapter, the State takes corrective action satisfactory 
to the Administrator, the Administrator may rescind the notice to the 
State of a public hearing.
    (c) The Administrator shall publish notice of the public hearing in 
the Federal Register and in a newspaper 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 the authority to call witnesses, receive oral and written 
testimony, and take such other action as may be necessary to ensure the 
fair and efficient conduct of the hearing. Following the conclusion of 
the hearing, the hearing officer may make a recommendation to the 
Administrator based on the testimony presented at the hearing and shall 
forward any such recommendation and 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:

[[Page 632]]

    (1) Rescind the notice to the State of a public hearing if the State 
takes corrective action satisfactory to the Administrator; or
    (2) Rescind the finding for which the notice was given and promptly 
notify the State of such rescission; or
    (3) Uphold the finding for which the notice was given. In this 
event, the Administrator shall revoke the State's decision that 
filtration was not required or revoke the compliance schedule approved 
by the State, and promulgate, as appropriate, with any appropriate 
modifications, a revised filtration decision or compliance schedule and 
promptly notify the State of such action.
    (f) Revocation of a State's filtration decision or compliance 
schedule and/or promulgation of a revised filtration decision or 
compliance schedule shall take effect 90 days after the State is 
notified under paragraph (e)(3) of this section.

Subpart J [Reserved]