42 U.S.C. § 300g–2 — State primary enforcement responsibility

(a) In general A state has "primary enforcement responsibility" for public water systems — meaning it runs the enforcement program instead of the EPA — for any period during which the EPA determines, under regulations described in subsection (b), that the state meets all seven of these conditions: (1) The state has adopted its own drinking water regulations that are no less strict than the EPA's national primary drinking water regulations, doing so no later than two years after the date the EPA promulgates each regulation. The EPA may grant an extension of up to two more years if, after reviewing adequate documentation from the state, it finds the extension necessary and justified. (2) The state has adopted, and is actually carrying out, adequate procedures to enforce its own regulations, including whatever monitoring and inspections the EPA requires by regulation. (3) The state keeps records and files reports about its work under (1) and (2), as the EPA requires by regulation. (4) If the state permits variances or exemptions from its own drinking water regulations, it grants them only under conditions and in a manner that is no less strict than the conditions under which variances and exemptions may be granted under the federal variance and exemption sections of this subchapter. (5) The state has adopted, and can carry out, an adequate plan for providing safe drinking water during emergencies such as earthquakes, floods, hurricanes, and other natural disasters, as appropriate. (6) The state has adopted, and is carrying out, procedures requiring public water systems to assess options for consolidation, transfer of ownership, or other actions, consistent with the EPA's regulations on that subject. (7) The state has adopted authority to impose administrative penalties — unless the state's constitution prohibits adopting that authority — set at a maximum amount that is at least $1,000 per day per violation for a system serving more than 10,000 people, and, for any other system, an amount the state determines is adequate to ensure compliance. A state may also set an overall cap on the total administrative penalties it imposes on a public water system per violation. (b) Regulations The EPA had to issue regulations, proposed within 180 days of December 16, 1974, prescribing: the manner in which a state applies for a determination that it meets subsection (a); the manner in which the EPA makes that determination; how long the determination stays effective; and the manner in which the EPA may later determine that a state no longer meets the requirements. Those regulations must require that, before a determination that a state does or does not meet the requirements can take effect, the EPA notify the state of the determination and its reasons and offer an opportunity for a public hearing on it. The EPA had to finalize these process regulations, with whatever modifications it found appropriate, within 90 days after publishing the proposed version in the Federal Register, and had to promptly notify each state's chief executive officer in writing once they were promulgated — including a copy of the regulations and an explanation of what authority the state would have under this subchapter if it is determined to have primary enforcement responsibility. When a state submits an application under these regulations, the EPA has 90 days from the date of submission to either grant the determination the state applied for, or deny the application and notify the state in writing of the reasons for the denial. (c) Interim primary enforcement authority If a state already has primary enforcement authority under this section for every existing national primary drinking water regulation, it is treated as having primary enforcement authority for any new or revised national primary drinking water regulation too. That interim authority begins on the effective date of the state's own matching regulation — adopted and submitted under subsection (b)(1) — for the new or revised federal rule, and it lasts until the EPA makes a determination under subsection (b)(2)(B) (granting or denying the state's application) with respect to that particular regulation.