§300g–2 — Title 42 The Public Health and Welfare | U.S. Code

Summary

States can be the main enforcer of drinking water rules if the EPA finds they meet certain tests. To qualify, a State must adopt water rules at least as strict as the federal rules within 2 years of the EPA’s rule (the EPA can give one extension of up to 2 more years if the State shows it needs it). The State must have and use enforcement steps like required monitoring and inspections, keep records and reports the EPA wants, handle variances and exemptions no less strictly than federal rules, have a plan for emergencies like floods or earthquakes, require systems to look at merging or transferring ownership when appropriate, and have authority to fine violators — at least $1,000 per day for systems serving more than 10,000 people and a suitable penalty for smaller systems. The EPA had to make rules about how States apply, proposing them within 180 days of December 16, 1974 and issuing final rules within 90 days after that proposal. The EPA must tell each State’s governor about those rules and give a chance for a public hearing before a decision takes effect. When a State applies, the EPA must approve or deny the application within 90 days and explain any denial. If a State already enforces current federal rules, it is treated as covering new or changed federal rules from the time the State files its matching rule until the EPA denies it.

Title 42, §300g–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)For purposes of this subchapter, a State has primary enforcement responsibility for public water systems during any period for which the Administrator determines (pursuant to regulations prescribed under subsection (b)) that such State—

(1)has adopted drinking water regulations that are no less stringent than the national primary drinking water regulations promulgated by the Administrator under subsections (a) and (b) of section 300g–1 of this title not later than 2 years after the date on which the regulations are promulgated by the Administrator, except that the Administrator may provide for an extension of not more than 2 years if, after submission and review of appropriate, adequate documentation from the State, the Administrator determines that the extension is necessary and justified;

(2)has adopted and is implementing adequate procedures for the enforcement of such State regulations, including conducting such monitoring and making such inspections as the Administrator may require by regulation;

(3)will keep such records and make such reports with respect to its activities under paragraphs (1) and (2) as the Administrator may require by regulation;

(4)if it permits variances or exemptions, or both, from the requirements of its drinking water regulations which meet the requirements of paragraph (1), permits such variances and exemptions under conditions and in a manner which is not less stringent than the conditions under, and the manner in which variances and exemptions may be granted under section 300g–4 and 300g–5 of this title;

(5)has adopted and can implement an adequate plan for the provision of safe drinking water under emergency circumstances including earthquakes, floods, hurricanes, and other natural disasters, as appropriate;

(6)has adopted and is implementing procedures for requiring public water systems to assess options for consolidation or transfer of ownership or other actions in accordance with the regulations issued by the Administrator under section 300g–3(h)(6) of this title; and

(7)has adopted authority for administrative penalties (unless the constitution of the State prohibits the adoption of the authority) in a maximum amount—

(A)in the case of a system serving a population of more than 10,000, that is not less than $1,000 per day per violation; and

(B)in the case of any other system, that is adequate to ensure compliance (as determined by the State);

(b)(1)The Administrator shall, by regulation (proposed within 180 days of December 16, 1974), prescribe the manner in which a State may apply to the Administrator for a determination that the requirements of subsection (a) are satisfied with respect to the State, the manner in which the determination is made, the period for which the determination will be effective, and the manner in which the Administrator may determine that such requirements are no longer met. Such regulations shall require that before a determination of the Administrator that such requirements are met or are no longer met with respect to a State may become effective, the Administrator shall notify such State of the determination and the reasons therefor and shall provide an opportunity for public hearing on the determination. Such regulations shall be promulgated (with such modifications as the Administrator deems appropriate) within 90 days of the publication of the proposed regulations in the Federal Register. The Administrator shall promptly notify in writing the chief executive officer of each State of the promulgation of regulations under this paragraph. Such notice shall contain a copy of the regulations and shall specify a State’s authority under this subchapter when it is determined to have primary enforcement responsibility for public water systems.

(2)When an application is submitted in accordance with the Administrator’s regulations under paragraph (1), the Administrator shall within 90 days of the date on which such application is submitted (A) make the determination applied for, or (B) deny the application and notify the applicant in writing of the reasons for his denial.

(c)A State that has primary enforcement authority under this section with respect to each existing national primary drinking water regulation shall be considered to have primary enforcement authority with respect to each new or revised national primary drinking water regulation during the period beginning on the effective date of a regulation adopted and submitted by the State with respect to the new or revised national primary drinking water regulation in accordance with subsection (b)(1) and ending at such time as the Administrator makes a determination under subsection (b)(2)(B) with respect to the regulation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(6), (7). Pub. L. 115–270, § 2010(b)(1), added par. (6) and redesignated former par. (6) as (7). Subsec. (b)(1). Pub. L. 115–270, § 2010(b)(2), struck out “of paragraphs (1), (2), (3), and (4)” after “the requirements”. 1996—Subsec. (a)(1). Pub. L. 104–182, § 112(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “has adopted drinking water

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which are no less stringent than the national primary drinking water

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in effect under section 300g–1(a) and 300g–1(b) of this title;”. Subsec. (a)(5). Pub. L. 104–182, § 112(b), inserted “including earthquakes, floods, hurricanes, and other natural disasters, as appropriate” after “emergency circumstances”. Subsec. (a)(6). Pub. L. 104–182, § 113(b), added par. (6). Subsec. (c). Pub. L. 104–182, § 112(a)(2), added subsec. (c). 1986—Subsec. (a)(1). Pub. L. 99–339 substituted “are no less stringent than the national primary drinking water

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in effect under section 300g–1(a) and 300g–1(b) of this title” for subpars. (A) and (B) which related to stringency of State drinking water

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between period of promulgation and

Effective Date

of national interim drinking water

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and during the period after such

§300g–2 State primary enforcement responsibility

Summary

Title 42, §300g–2

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Regulations

Regulations

Regulations

Effective Date

Regulations

Effective Date

Citations & Metadata