Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XII — SAFETY OF PUBLIC WATER SYSTEMS › Part E — General Provisions › § 300j–7
You may ask a court to review certain EPA actions. Challenges to national primary drinking water rules (including maximum contaminant level goals) must be filed in the U.S. Court of Appeals for the D.C. Circuit. Challenges to any other final action by the Administrator must be filed in the federal appeals court for the circuit where the person lives or does business and is directly affected. The petition must be filed within the 45-day period that starts the day the rule, final action, or determination is issued. You can file later only if your challenge rests entirely on reasons that arose after that 45-day period ended. If you could have used this review, you cannot later seek the same review in a civil or criminal enforcement case or in a civil lawsuit to stop enforcement. If the challenge is about a civil penalty under section 300g–3(g)(3)(B), you must at the same time mail a copy of the complaint by certified mail to the Administrator and to the Attorney General. The court must set aside and send back the penalty order if it finds there is not substantial evidence of a violation or the penalty was an abuse of discretion. Federal district courts review decisions to grant or refuse variances or exemptions under sections 300g–4 or 300g–5, and they review any schedule set for a variance or exemption or a failure to set one. Those petitions must be filed within the 45-day period that starts the day the action is taken, or, for a refusal or failure, within 45 days from the date action was required. Late petitions are allowed only for reasons that arose after the 45 days. As above, if this review was available you cannot raise the same issue later in an enforcement or injunction case. In any court review of a decision made on a formal record after notice and a hearing, a party can ask the court to allow new evidence. If the court finds the new evidence is important and there was a good reason it was not offered before, the court can order that evidence to be taken before the Administrator. The Administrator may change or make new findings based on that evidence and must file those new or changed findings and any recommendation when returning the evidence.
Full Legal Text
The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 300j–7
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110