40 CFR 142.18 - EPA review of State monitoring determinations. | Title 40 - Protection of Environment | Code of Federal Regulations

§ 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 §§ 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 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]

Title 40 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-02-13; vol. 78 # 30 - Wednesday, February 13, 2013

78 FR 10270 - National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31205
RIN	2040-AD94
	EPA-HQ-OW-2008-0878
	FRL-9684-8

ENVIRONMENTAL PROTECTION AGENCY

Final rule.

This final rule is effective on April 15, 2013. For judicial purposes, this final rule is promulgated as of February 13, 2013. The compliance date for the rule requirements is April 1, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register (FR) as of April 15, 2013.

40 CFR Parts 141 and 142

Summary

The Environmental Protection Agency (EPA or the Agency) is finalizing revisions to the 1989 Total Coliform Rule (TCR). The Revised Total Coliform Rule (RTCR) offers a meaningful opportunity for greater public health protection beyond the 1989 TCR. Under the RTCR there is no longer a monthly maximum contaminant level (MCL) violation for multiple total coliform detections. Instead, the revisions require systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action that may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure. This final rule also updates provisions in other rules that reference analytical methods and other requirements in the 1989 TCR (e.g., Public Notification and Ground Water Rules). These revisions are in accordance with the 1996 Safe Drinking Water Act (SDWA) Amendments, which require EPA to review and revise, as appropriate, each national primary drinking water regulation no less often than every six years. These revisions also conform with the SDWA provision that requires any revision to “maintain, or provide for greater, protection of the health of persons.” As with the 1989 TCR, the RTCR applies to all public water systems.

2012-07-25; vol. 77 # 143 - Wednesday, July 25, 2012

77 FR 43524 - Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C2-2012-9978
RIN	2040-AF10
Docket No.	EPA-HQ-OW-2009-0090
	FRL-9660-4

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

Summary

2012-07-02; vol. 77 # 127 - Monday, July 2, 2012

77 FR 39183 - Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2012-9978
RIN	2040-AF10
Docket No.	EPA-HQ-OW-2009-0090
	FRL-9660-4

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

Summary

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 300f - Definitions

42 USC § 300g–1 - National drinking water regulations

42 USC § 300g–2 - State primary enforcement responsibility

42 USC § 300g–3 - Enforcement of drinking water regulations

42 USC § 300g–4 - Variances

42 USC § 300g–5 - Exemptions

42 USC § 300g–6 - Prohibition on use of lead pipes, solder, and flux

§ 300h - Regulations for State programs

42 USC § 300j–4 - Records and inspections

42 USC § 300j–9 - General provisions

42 USC § 300j–11 - Indian Tribes

Title 40 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 142 after this date.

2013-02-13; vol. 78 # 30 - Wednesday, February 13, 2013

78 FR 10270 - National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31205
RIN	2040-AD94
	EPA-HQ-OW-2008-0878
	FRL-9684-8

ENVIRONMENTAL PROTECTION AGENCY

Final rule.

This final rule is effective on April 15, 2013. For judicial purposes, this final rule is promulgated as of February 13, 2013. The compliance date for the rule requirements is April 1, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register (FR) as of April 15, 2013.

40 CFR Parts 141 and 142

Summary

The Environmental Protection Agency (EPA or the Agency) is finalizing revisions to the 1989 Total Coliform Rule (TCR). The Revised Total Coliform Rule (RTCR) offers a meaningful opportunity for greater public health protection beyond the 1989 TCR. Under the RTCR there is no longer a monthly maximum contaminant level (MCL) violation for multiple total coliform detections. Instead, the revisions require systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action that may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure. This final rule also updates provisions in other rules that reference analytical methods and other requirements in the 1989 TCR (e.g., Public Notification and Ground Water Rules). These revisions are in accordance with the 1996 Safe Drinking Water Act (SDWA) Amendments, which require EPA to review and revise, as appropriate, each national primary drinking water regulation no less often than every six years. These revisions also conform with the SDWA provision that requires any revision to “maintain, or provide for greater, protection of the health of persons.” As with the 1989 TCR, the RTCR applies to all public water systems.

2012-09-18; vol. 77 # 181 - Tuesday, September 18, 2012

77 FR 57545 - Long Term 2 Enhanced Surface Water Treatment Rule: Public Meeting on Monitoring Data Analysis, Occurrence Forecasts, Binning, and the Microbial Toolbox

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-23014
RIN
	FRL-9727-9

ENVIRONMENTAL PROTECTION AGENCY

Notice of public meeting.

40 CFR Parts 141 and 142

Summary

The U.S. Environmental Protection Agency (EPA) is hosting a public meeting on November 15, 2012, concerning monitoring, binning and microbial toolbox information as part of the regulatory review of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2 rule). At this meeting, EPA plans to discuss and solicit public input on data and information related to several topics. The first topic is the results of the first round of LT2 Cryptosporidium monitoring that are used to determine which one of the four categories ( i.e., bins) a public drinking water system (PWS) should be placed. The second topic is the implications of predicted occurrence and bin category placement that may result from a second round of Cryptosporidium monitoring using the existing or enhanced analytical methods. The third topic is the effectiveness of Escherichia coli as a screen to identify small filtered PWSs that need to perform Cryptosporidium monitoring for bin placement. The fourth topic is the determination of the potential credits assigned to different risk mitigation tools. EPA will also provide background information on the LT2 rule's monitoring and binning requirements, microbial toolbox options for risk management, and the agency's Six Year Review process. EPA will consider the data and/or information discussed at this meeting during the agency's review of the LT2 rule, which the agency has announced as part of both the Retrospective Review Plan under Executive Order (E.O.) 13563 and the third Six-Year Review under the Safe Drinking Water Act.

2012-08-30; vol. 77 # 169 - Thursday, August 30, 2012

77 FR 52633 - Notice of a Public Meeting: Stakeholder Meeting Concerning EPA's Intent To Regulate Perchlorate Levels in Drinking Water

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21480
RIN
	FRL-9723-9

ENVIRONMENTAL PROTECTION AGENCY

Notice of public meeting.

The public meeting and webcast will be held on September 20, 2012 (10 a.m. to 4 p.m., Eastern Time (ET)). Persons wishing to attend the meeting or webcast must register in advance as described in the SUPPLEMENTARY INFORMATION section below.

40 CFR Parts 141 and 142

Summary

The U. S. Environmental Protection Agency (EPA) is holding a public meeting and webcast to share information with the public related to treatment technologies, analytical methods and other information pertaining to the development of a proposed National Primary Drinking Water Regulation for Perchlorate.

2012-07-30; vol. 77 # 146 - Monday, July 30, 2012

77 FR 44562 - Public Meeting: Potential Regulatory Implications of the Reduction of Lead in Drinking Water Act of 2011

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-18525
RIN
	FRL-9708-1

ENVIRONMENTAL PROTECTION AGENCY

Notice.

The public meeting will be held at the Environmental Protection Agency Conference Center (lobby level-room 1204). One Potomac Yard (South Building) 2777 S. Crystal Drive, Arlington, VA 22202 on Thursday, August 16, 2012, from 1:00 p.m. to 4:30 p.m., Eastern Daylight Time (EDT). All attendees must go through a metal detector, sign in with the security desk, and show government issued photo identification to enter the building. Teleconference and webcast attendance will be available. Instructions for registration for the meeting are located in the SUPPLEMENTARY INFORMATION section of this notice.

40 CFR Parts 141 and 142

Summary

The U.S. Environmental Protection Agency (EPA) is hosting a public meeting on August 16, 2012, to discuss and solicit input from States, manufacturers, drinking water systems, other interested groups and consumers on the implementation of the Reduction of Lead in Drinking Water Act of 2011 (“the Act”). The Act was signed on January 4, 2011, and will be effective on January 4, 2014. The Act amended Section 1417 of the Safe Drinking Water Act (SDWA), which prohibits the use of certain plumbing products that are not “lead free” (as defined by SDWA), and makes it unlawful to introduce into commerce products that are not “lead free.”

2012-07-25; vol. 77 # 143 - Wednesday, July 25, 2012

77 FR 43524 - Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C2-2012-9978
RIN	2040-AF10
Docket No.	EPA-HQ-OW-2009-0090
	FRL-9660-4

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

Summary

2012-07-02; vol. 77 # 127 - Monday, July 2, 2012

77 FR 39183 - Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2012-9978
RIN	2040-AF10
Docket No.	EPA-HQ-OW-2009-0090
	FRL-9660-4

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

Summary

40 CFR 142.18 - EPA review of State monitoring determinations.

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