---
kind: "section"
citation: "40 C.F.R. § 142.18"
title: "40"
number: "142.18"
heading: "EPA review of State monitoring determinations."
url: "https://uscodex.org/cfr/40/142.18"
---

# §142.18. EPA review of State monitoring determinations.

- (a) A Regional Administrator may annul a State monitoring determination for the types of determinations identified in §§ [141.23(b)](/cfr/40/141.23.md?p=b), [141.23(c)](/cfr/40/141.23.md?p=c), [141.24(f)](/cfr/40/141.24.md?p=f), [141.24(h)](/cfr/40/141.24.md?p=h), and [141.40(n)](/cfr/40/141.40.md?p=n) in accordance with the procedures in [paragraph (b)](#b) of this section.
- (b) When information available to a Regional Administrator, such as the results of an annual review, indicate a State determination fails to apply the standards of the approved State program, he may propose to annul the State monitoring determination by sending the State and the affected PWS a draft Rescission Order. The draft order shall:
  - (1) Identify the PWS, the State determination, and the provisions at issue;
  - (2) Explain why the State determination is not in compliance with the State program and must be changed; and
  - (3) Describe the actions and terms of operation the PWS will be required to implement.
- (c) The State and PWS shall have 60 days to comment on the draft Rescission Order.
- (d) The Regional Administrator may not issue a Rescission Order to impose conditions less stringent than those imposed by the State.
- (e) The Regional Administrator shall also provide an opportunity for comment upon the draft Rescission Order, by
  - (1) Publishing a notice in a newspaper in general circulation in communities served by the affected system; and
  - (2) **Providing 30 days for public comment on the draft order.**
- (f) The State shall demonstrate that the determination is reasonable, based on its approved State program.
- (g) The Regional Administrator shall decide within 120 days after issuance of the draft Rescission Order to:
  - (1) Issue the Rescission Order as drafted;
  - (2) Issue a modified Rescission Order; or
  - (3) **Cancel the Rescission Order.**
- (h) The Regional Administrator shall set forth the reasons for his decision, including a responsiveness summary addressing significant comments from the State, the PWS and the public.
- (i) The Regional Administrator shall send a notice of his final decision to the State, the PWS and all parties who commented upon the draft Rescission Order.
- (j) The Rescission Order shall remain in effect until cancelled by the Regional Administrator. The Regional Administrator may cancel a Rescission Order at any time, so long as he notifies those who commented on the draft order.
- (k) The Regional Administrator may not delegate the signature authority for a final Rescission Order or the cancellation of an order.
- (l) Violation of the actions, or terms of operation, required by a Rescission Order is a violation of the Safe Drinking Water Act.

## Notes

### Amendments

[56 FR 3595, Jan. 30, 1991]

### Authority

Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.

### Source

Source: 41 FR 2918, Jan. 20, 1976, unless otherwise noted.

### Amendments

[56 FR 3595, Jan. 30, 1991]