10-144 C.M.R. ch. 231, § 8 - NATIONAL PRIMARY DRINKING WATER REGULATIONS - IMPLEMENTATION (40 C.F.R. - PART 142)

A. General Provisions

1. Applicability

Title 40 C.F.R. Section 142.1, published July 2014, is hereby incorporated herein by this reference.

2. Definitions

Title 40 C.F.R. Section 142.2, published July 2014, is hereby incorporated herein by this reference, with the exceptions, additions or changes as set forth below.

"Act" means the Maine Water for Human Consumption Act at 22 Maine RevisedStatutes, Chapter 601.

"Administrator" means the Commissioner of the Department of Health and Human Services or the designated representative thereof.

"Agency" means the Department of Health and Human Services.

"Indian Tribe" refers to the Department of Health and Human Services.

"Public water system" means a public water system as defined in Section 2 of these rules.

"State" means the State of Maine.

3. Scope

Title 40 C.F.R. Section 142.3, published July 2014, is hereby incorporated herein by this reference.

4. State and local authority

Title 40 C.F.R. Section 142.4, published July 2014, is hereby incorporated herein by this reference.

B. Primary Enforcement Responsibility

1. Requirements for a determination of primary enforcement responsibility

Title 40 C.F.R. Section 142.10, published July 2014, is hereby incorporated herein by this reference.

2. Initial determination of primary enforcement responsibility

Title 40 C.F.R. Section 142.11 published July 2014, is hereby incorporated herein by this reference.

3. Revision of State programs

Title 40 C.F.R. Section 142.12 published July 2014, is hereby incorporated herein by this reference.

4. Public hearing

Title 40 C.F.R. Section 142.13, published July 2014, is hereby incorporated herein by this reference.

5. Records kept by States

Title 40 C.F.R. Section 142.14 published July 2014, is hereby incorporated herein by this reference.

6. Reports by States

Title 40 C.F.R. Section 142.15 published July 2014, is hereby incorporated herein by this reference.

7. Special primacy requirements

Title 40 C.F.R. Section 142.16, published July 2014, is hereby incorporated herein by this reference.

8. Review of State programs and procedures for withdrawal of approved primacy programs

Title 40 C.F.R. Section 142.17, published July 2014, is hereby incorporated herein by this reference.

9. EPA review of State monitoring determinations

Title 40 C.F.R. Section 142.18, published July 2014, is hereby incorporated herein by this reference.

10. EPA review of State implementation of national primary drinking water regulations for lead and copper

Title 40 C.F.R. Section 142.19, published July 2014, is hereby incorporated herein by this reference.

C. Review of State-Issued Variances and Exemptions

1. State-issued variances and exemptions

Title 40 C.F.R. Section 142.20, published July 2014, is hereby incorporated herein by this reference.

2. State consideration of a variance or exemption request

Title 40 C.F.R. Section 142.21, published July 2014, is hereby incorporated herein by this reference.

3. Review of State variances, exemptions and schedules

Title 40 C.F.R. Section 142.22, published July 2014, is hereby incorporated herein by this reference.

4. Notice to State

Title 40 C.F.R. Section 142.23, published July 2014, is hereby incorporated herein by this reference.

5. Administrator's rescission

Title 40 C.F.R. Section 142.24, published at July 2014, is hereby incorporated herein by this reference.

D. Federal Enforcement

1. Failure by State to assure enforcement

Title 40 C.F.R. Section 142.30, published July 2014, is hereby incorporated herein by this reference.

2. [Reserved]

3. Petition for public hearing

Title 40 C.F.R. Section 142.32, published July 2014, is hereby incorporated herein by this reference.

4. Public hearing

Title 40 C.F.R. Section 142.33, published July 2014, is hereby incorporated herein by this reference.

5. Entry and inspection of public water systems

Title 40 C.F.R. Section 142.34, published July 2014, is hereby incorporated herein by this reference.

E. Variances Issued By the Administrator Under Section 1415(a) of the Act

1. Requirements for a variance

Title 40 C.F.R. Section 142.40, published July 2014, is hereby incorporated herein by this reference.

2. Variance Request

Title 40 C.F.R. Section 142.41, published July 2014, is hereby incorporated herein by this reference.

3. Consideration of a variance request

Title 40 C.F.R. Section 142.42, published July 2014, is hereby incorporated herein by this reference.

4. Disposition of a variance request

Title 40 C.F.R. Section 142.43, published July 2014, is hereby incorporated herein by this reference.

5. Public hearings on variances and schedules

Title 40 C.F.R. Section 142.44, published July 2014, is hereby incorporated herein by this reference.

6. Action after hearing

Title 40 C.F.R. Section 142.45, published July 2014, is hereby incorporated herein by this reference.

7. Alternative treatment techniques

Title 40 C.F.R. Section 142.46, published July 2014, is hereby incorporated herein by this reference.

F. Exemptions Issued By the Administrator

1. Requirements for an exemption

Title 40 C.F.R. Section 142.50, published July 2014, is hereby incorporated herein by this reference.

2. Exemption request

Title 40 C.F.R. Section 142.51, published July 2014, is hereby incorporated herein by this reference.

3. Consideration of an exemption request

Title 40 C.F.R. Section 142.52, published July 2014, is hereby incorporated herein by this reference.

4. Disposition of an exemption request

Title 40 C.F.R. Section 142.53, published July 2014, is hereby incorporated herein by this reference.

5. Public hearings on exemption schedules

Title 40 C.F.R. Section 142.54, published July 2014, is hereby incorporated herein by this reference.

6. Final schedule

Title 40 C.F.R. Section 142.55, published July 2014, is hereby incorporated herein by this reference.

7. Extension of date for compliance

Title 40 C.F.R. Section 142.56, published July 2014, is hereby incorporated herein by this reference.

8. Bottled water, point-of-use, and point-of-entry devices

Title 40 C.F.R. Section 142.57, published July 2014, is hereby incorporated herein by this reference.

G. Identification of Best Technology, Treatment Techniques or Other Means Generally Available

1. Variances from the maximum contaminant level for total trihalomethanes

Title 40 C.F.R. Section 142.60, published July 2014 is hereby incorporated herein by this reference.

2. Variances from the maximum contaminant level for fluoride

Title 40 C.F.R. Section 142.61, published July 2014, is hereby incorporated herein by this reference.

3. Variances and exemptions from the maximum contaminant levels for organic and inorganic chemicals and exemptions from the treatment technique for lead and copper

Title 40 C.F.R. Section 142.62, published July 2014, is hereby incorporated herein by this reference.

4. Variances and exemptions from the maximum contaminant level for total coliform

Title 40 C.F.R. Section 142.63, published July 2014, is hereby incorporated herein by this reference.

5. Variances and exemptions from the requirements of Part 141, Subpart H - Filtration and Disinfection

Title 40 C.F.R. Section 142.64, published July 2014, is hereby incorporated herein by this reference.

6. Variances and exemptions from the maximum contaminant levels for radionuclides

Title 40 C.F.R. Section 142.65, published July 2014, is hereby incorporated herein by this reference.

H. Indian Tribes

1. Requirements for Tribal Eligibility

Title 40 C.F.R. Section 142.72, published July 2014, is hereby incorporated herein by this reference.

2. Request by an Indian Tribe for a determination of treatment as a State

Title 40 C.F.R. Section 142.76, published July 2014, is hereby incorporated herein by this reference.

3. Procedure for processing an Indian Tribe's application for treatment as a State

Title 40 C.F.R. Section 142.78, published July 2014, is hereby incorporated herein by this reference.

I. Administrator's Review of State Decisions That Implement Criteria Under Which Filtration is Required

1. Review Procedures

Title 40 C.F.R. Section 142.80, published July 2014, is hereby incorporated herein by this reference.

2. Notice to the State

Title 40 C.F.R. Section 142.81, published July 2014, is hereby incorporated herein by this reference.

J. [Reserved]

K. Variances for Small Systems

1. What is a small system variance?

Title 40 C.F.R. Section 142.301, published July 2014, is hereby incorporated herein by this reference.

2. Who can issue a small system variance?

Title 40 C.F.R. Section 142.302, published July 2014, is hereby incorporated herein by this reference.

3. Which size public water systems can receive a small system variance?

Title 40 C.F.R. Section 142.303, published July 2014, is hereby incorporated herein by this reference.

4. For which of the regulatory requirements is a small system variance available?

Title 40 C.F.R. Section 142.304, published July 2014, is hereby incorporated herein by this reference.

5. When can a small system variance be granted by a State?

Title 40 C.F.R. Section 142.305, published July 2014, is hereby incorporated herein by this reference.

6. What are the responsibilities of the public water system, State and the Administrator in ensuring that sufficient information is available and able for evaluation of a small system variance application?

Title 40 C.F.R. Section 142.306, published July 2014, is hereby incorporated herein by this reference.

7. What terms and conditions must be included in a small system variance?

Title 40 C.F.R. Section 142.307, published July 2014, is hereby incorporated herein by this reference.

8. What public notice is required before a State or the Administrator proposes to issue a small system variance?

Title 40 C.F.R. Section 142.308, published July 2014, is hereby incorporated herein by this reference.

9. What are the public meeting requirements associated with the proposal of a small system variance?

Title 40 C.F.R. Section 142.309, published July 2014, is hereby incorporated herein by this reference.

10. How can a person served by the public water system obtain EPA review of a State proposed small system variance?

Title 40 C.F.R. Section 142.310, published July 2014, is hereby incorporated herein by this reference.

11. What procedures allow the Administrator to object to a proposed small system variance or overturn a granted small system variance for a public water system serving 3,300 or fewer persons?

Title 40 C.F.R. Section 142.311, published July 2014, is hereby incorporated herein by this reference.

12. What EPA action is necessary when a State proposes to grant a small system variance to a public water system serving a population of more than 3,300 and fewer than 10,000 persons?

Title 40 C.F.R. Section 142.312, published July 2014, is hereby incorporated herein by this reference.

13. How will the Administrator review a State's program under this subpart?

Title 40 C.F.R. Section 142.313, published July 2014, is hereby incorporated herein by this reference.

Notes

10-144 C.M.R. ch. 231, § 8