§300g–2 State Primary Enforcement Responsibility

Summary

A State can be the main enforcer of drinking water rules for public water systems if the EPA Administrator finds the State meets certain requirements under the Administrator’s rules. The State must adopt drinking water rules that are at least as strict as the national rules within 2 years (the Administrator can allow up to a 2‑year extension if the State shows it needs one). The State must enforce those rules with required monitoring and inspections, keep required records and reports, handle any allowed variances or exemptions no less strictly than the national rules, have emergency plans for disasters, require water systems to consider consolidation or ownership changes when needed, and have authority to levy administrative penalties (at least $1,000 per day per violation for systems serving more than 10,000 people; smaller systems must have penalties adequate to ensure compliance). A State may set a cap on the total penalty per violation. The EPA Administrator must write rules about how a State applies for this responsibility, how the decision is made, and how long it lasts. The Administrator was to propose those rules within 180 days of December 16, 1974 and finalize them within 90 days after proposing them. When a State applies under those rules, the Administrator has 90 days to approve or deny the application and must give the State the reasons and a chance for a public hearing before the determination takes effect. If a State already has primary authority for existing national rules, it is treated as having authority for a new or revised national rule from the date the State’s rule becomes effective and is submitted until the Administrator denies the application.