40 CFR 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;
(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.
(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.
(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.
(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.