Fact Sheet / Revision To State Primary Regulations For The Public Water System Supervision (PWSS) Program 40 CFR Part 142, Subpart B (54 FR 52126, December 20, 1989)


Fact Sheet
Revision to State Primacy Regulations
for the
Public Water System Supervision (PWSS) Program
40 CFR Part 142, Subpart B
(54 FR 52126, December 20, 1989)
Office of Water
Office of Drinking Water
382-5522
December 20, 1989

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I. CURRENT SITUATION
o On November 30, 1989, the EFA Administrator promulgated
revised State primacy regulations under Subpart B, Part 142.
The revised regulations appeared in the Federal Register on
December 20,1989 (54 FR 52126). The revised regulations
established for the first time the requirements and
procedures a State must follow to request EPA approval of
program revisions to approved State primacy programs. They
were proposed on August 2, 1988.
o Currently, 54 States and Territories have primacy. Indiana,
Wyoming, Washington, DC, and the Indian Tribes are the only
entities where EPA continues to directly implement the PWSS
program.
o The 1986 SDWA amendments will substantially change current
State primacy programs; over 10 major new and revised EPA
regulations (covering 83 contaminants, disinfection,
filtration, and public notification) are planned for
promulgation by 1991.
o To retain primacy, States must adopt all new and revised EPA
regulations and request EPA approval of these revisions to
the approved primacy program. States must follow the new
primacy regulations for all future program revisions.
II. BACKGROUND TO REVISED REGULATIONS
o Statute (Section 1413). To obtain or retain primacy, the
SDWA requires States to:
adopt drinking water regulations no less stringent than
the EPA national primary drinking water regulations
(NPDWRs) in effect;
adopt and implement adequate procedures for
enforcement;
keep records and make reports as required by EPA;
issue variances and exemptions (if at all) which are no
less stringent than required by EPA; and
adopt and be able to implement an adequate emergency
plan to provide drinking water.
o Regulations (40 CFR. Part 142. Subpart B) . The original
primacy regulations (issued in 1976) required the States to
demonstrate to EPA that they met the five statutory
provisions to obtain primacy. The basic requirements to
obtain or retain primacy do not change with the revised
regulations.

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III.	and Status of New Regulat ions Under SDWA
o For states to retain primacy, they must adopt all new and
revised EPA regulations as part of their approved primacy
program. The new regulations resulting from the SDWA
asendnents are as follows:
Pinal Actions to Date
VOC (52 FR 25690, July 8, 1987).
Public Notification ' (52 FR 41534, October 28, 1987).
Filtration & Disinfection of Surface Water (54 FR 27486,
June 29, 1989)
Total Coliforms (54 FR 27544, June 29, 1989).
Proposed Actions To Date
Lead/Copper, (53 FR 31516, August 18, 1988).
Inorganics/Synthetic Organics, 38 contaminants
(54 FR 22062, Kay 22, 1989).
Additional Contaminants To Be Regulated
Radionuclides.
Additional Inorganics/Synthetic Organics.
Disinfection for Groundvater/Disinfection By-products.
1st Additional 25 Contaminants in 1991.
Additional 25 NPDWRS in 1994 and Every Three Years Thereafter.

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IV. CHANGES TO PRIMACY PROCESS MANDATED BY REVISED PRIMACY
REGULATIONS
o The revised regulations set deadlines, establish an EPA
review process, and define materials to be submitted for
State program revisions to existing primacy programs. The
major changes are as follows:
Full Prlmecy tod Deadlines.States muat adopt all rvov
and revised EPA HPDtfRs within 18 months of promulgation I
by EPA to retain primacy, unless tVX grants an
extension, not to exceed two years, for causa.
Extension Process. The new regulation raqulraa the
State to request EPA approval of an extenalon before
tha 18-Bonth period paaaaa, based on explicit axtanalon
criteria in tha regulation.
Update to tha Approved Primacy Prog-ram. Stataa must
submit matariala sujflciant to updata tha approvad
primacy program with thalr raquaat for EPA approval of
each program ravlalon.
CroesvalX and CbecJdlet Tha naw regulation specifies
that tha stataa lufimit a aida-by-sida damonatratlon
with aach Stata raquaat for program ravlalon that tha
State aaata all EPA primacy raquiramanta under {142.10,
including that tha stata regulations are *no lama
atringent."
Attorney General Certification. The new regulation
requires an Attorney General'a statement with the
complete and final stata request, certifying that the
state atatutas and regulatione for the program revision
•re legally adopted and enforceable.
Two-step Process for OA Review. The new regulation
requires EPA to make a tentative determination on tha
State requaat for program raviaion if the atata. at ita
option, submits a preliminary request containing draft
materials. The EPA final determination is subjsct to
public notice and hearing (upon request).
Special Primacy Program Requirements and Reports. The
new regulation Incorporates by reference the primacy
requirements and special Stata reporting under tit*
Individual irvianu, Tbata special primacy requirements
1 ft be met for EPA approval of the program revision.
o The basic primacy requirements in the original regulations
were left unchanged, except for three modifications:
1)	States must agree to report new violations and State
enforcement actions to EPA on a quarterly, rather than
annual, basis,
2)	for States allowing variances, the State must adopt the
EPA's determination of best available technology (BAT),
and
3)	the State emergency plan requirement can be met for
groundwater resources through the State Wellhead
Protection Program's contingency plan.

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V. PROCESS FOR STATE REQUEST FOR EPA APPROVAL OF PROGRAM
REVISIONS
o Under the revised regulations, States must submit within 18
months a complete and final request for EPA approval of
program revisions to their approved \ cimacy program for all
new and revised EPA regulations. At its option, States may
submit a preliminary request and receive an EPA tentative
determination anytime before the 18-month deadline. The
program revision process under the regulations is as
follows:
TIMETABLE FOR REQUESTS FOR APPROVAL

Event
Event
Time
'Total
Time
Promuigaoon of new or revised NPDVVR
or regulations
0
0
Regions notify states that rule was
promulgated; establish process and schedule
for Region/state review and approval
3 mo.
3 mo.
States and Regions agree on plan tor
state application and ameune
2 mo.
5 mo.
Step I


State submits preliminary request
4 mo.
9. mo.
EPA Review Regional
Headquarters
60 days
30 davs
11 mo.
, U mo,
Region notifies state of tentative determination
90 days'
12 mo.
Step 2


State submits complete and final request
6 mo.
18 mo.*
EPA Review** Regional
Headquarters
60 days
Mdays
20 mo.
31 IPO-
Region notifies state of determination, issues
public notice, and conducts hearing process
90 days*
21 mo.
Region publishes final determination
	
24 mo.
Deadlines cited in regulations
This review will be comprehensive if no preliminary request was
submitted
NOTE. Extensions may be requested durmg the process, but states must allow
adecuate nme for the Region to review and giant an extension within the 18-month
deadline. -

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VI. EXTENSIONS TO DEADLINES FOR STATE REQUESTS
The revised primacy regulations establish a process for EPA
to extend the deadline for State submission of program revisions
beyond eighteen months from EPA's promulgation of the new or
revised regulation. Extensions may be approved by EPA for a
period not to exceed two years.
o A State may request an extension if one or more of the
following conditions exist:
Legislative or regulatory authority to enforce the new
or revised regulations is lacking, or
Program capability is inadequate to implement the new
or revised requirement, or
The State wants to group two or more program revisions
in a single legislative or regulatory action.
The extension process is as follows:
EPA
Promulgates
Regulation	
S S /

Stats sJvxdd notify EPA
that an extension wiH be
requested (tf known at
this time)
Final extension
request due to EPA
State Implements
agreed-upon program
wfthln current
capabilities; Region
oversees (throogfi
annual review
review procass)
Extension approved- by
EPA "Regno
&rtTum&ei<6fea
o The extension request is to include a schedule setting forth
when and how it will gain authority and (if appropriate) the
capability to request the program revision.
o Before EPA approval of the extension, the State and EPA must
agree on the State activities during the extension period to
impleaent the new provisions within its authority and
capability; activities may include:
Informing public water systems of the new EPA
requirements and their responsibility to comply?
Collecting, storing, and managing laboratory results
and other compliance data;
Conducting informal follow-up on violations;
Providing technical assistance to public water systems;
Providing the Region with all the information required
under the State reporting provision (142.15).

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VII. CONTENTS OF STATE REQUEST FOR PROGRAM REVISIONS
The revised primacy regulations require the State request
for EPA approval of program revisions to include:
o An update to the approved primacy program because of the
program revision — this includes a checklist identifying
which program elements have and have not been affected by
the revision and a crosswalk of State and Federal
authorities to demonstrate that the state regulations are
"no less stringent;"
o Additional materials required under the "Special Primacy
Requirements" section (142.16) unique to the specific EPA
rule to be adopted; and
o For the final request only, an Attorney-General Statement
certifying that the State laws and regulations for the
program revision have been duly adopted and are enforceable.

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