847 



mortality data and (B) monitored data on the 

 quality of drinking water. Any conclusions based on 

 such correlation shall be included in the report of 

 the study. 



(5) Neither the report of the study imder this sub- 

 section nor any draft of such report shall be sub- 

 mitted to the OflBce of Management and Budget or to 

 any other Federal agency (other than the Environ- 

 mental Protection Agency) prior to its submission to 

 Congress. 



(6) Of the funds authorized to be appropriated to 

 the Administrator by this subchapter, such amounts 

 as may be required shall be available to carry out the 

 study and to make the report directed by paragraph 

 (2) of this subsection. (July 1, 1944, ch. 373, title 

 XIV, § 1412, as added Dec. 16, 1974, Pub. L. 93-523. 

 § 2(a), 88 Stat. 1662.) 



§300g-2. State primary enforcement responsibility; 

 regulations; notice and hearing; publication in 

 Federal Register; applications. 



(a) For purposes of this subchapter, a State has 

 primary enforcement responsibility for public water 

 systems during any period for which the Administra- 

 tor determines (pursuant to regulations prescribed 

 under subsection (b) of this section) that such 

 State- 

 CD has adopted drinking water regulations 

 which (A) in the case of the period beginning on 

 the date the national interim primary drinking 

 water regulations are promulgated under section 

 300g-l of this title and ending on the date such 

 regulations take effect are no less stringent than 

 such regulations, and (B) in the case of the period 

 after such effective date are no less stringent than 

 the interim and revised national primary drink- 

 ing water regulations in effect under such section; 



(2) has adopted and is implementing adequate 

 procedures for the enforcement of such State regu- 

 lations, including conducting such monitoring and 

 making such inspections as the Administrator may 

 require by regulation; 



(3) will keep such records and make such re- 

 ports with respect to its activities under para- 

 graphs (1) and (2) as the Administrator may re- 

 quire by regulation; 



(4) if it permits variances or exemptions, or 

 both, from the requirements of its drinking water 

 regulations which meet the requirements of para- 

 graph ( 1) , permits such variances and exemptions 

 under conditions and in a manner which is not 

 less stringent than the conditions under, and the 

 manner in which variances and exemptions may 

 be granted under sections 300g-4 and 300g-5 of 

 this title: 



(5) has adopted and can implement an ade- 

 quate plan for the provision of safe drinking water 

 under emergency circumstances. 



(b)(1) The Adnunistrator shall, by regulation 

 (proposed within 180 days of December 16, 1974). 

 prescribe the manner in which a State may apply 

 to the Administrator for a determination that the 

 requirements of paragraphs (1). (2). (3). and (4) of' 



subsection (a) of this section are satisfied with re- 

 spect to the State, the manner in which the determi- 

 nation is made, the period for which the determina- 

 tion will be effective, and the maimer in which the 

 Administrator may determine that such require- 

 ments are no longer met. Such regulations shall re- 

 quire that before a determination of the Administra- 

 tor that such requirements are met or are no longer 

 met wii,h respect to a State may become effective, the 

 Administrator shall notify such State of the determi- 

 nation and the reasons therefor and shall provide an 

 opF>ortunity for public hearing on the determination. 

 Such regulations shall be promulgated (with such 

 modifications as the Administrator deems appro- 

 priate) within 90 days of the publication of the pro- 

 posed regulations in the Federal Register. The Ad- 

 ministrator shall promptly notify in writing the chief 

 executive officer of each State of the promulgation 



of regulations under this paraeraph. Such notice 

 shall contain a copy of the regulations and shall 

 specify a State's authority imder this subchapter 

 when it is determined to have primary enforcement 

 responsibility for public water systems. 



(2) When an application is submitted in accord- 

 ance with the Administrator's regulations under 

 paragraph (1), the Administrator shall within 90 

 days of the date on which such application is sub- 

 mitted (A) make the determination applied for, or 

 (B) deny the application and notify the applicant 

 in writing of the reasons for his denial. (July 1, 1944. 

 ch. 373, title Xrv, § 1413, as added Dec. 16, 1974, Pub. 

 L. 93-523, § 2(a), 88 Stat. 1665.) 



Section Referred to in Other Secttons 

 This section Is referred to In sections 300g-3, 3(X)J-2, 

 300J-7 of this title. 



§ 300g-3. Failure of State to assure enforcement of 

 drinking water regulations. 



(a) Notice to State; public notice; civil action, con- 

 ditions. 



(1) (A) Whenever the Administrator finds dur- 

 ing a period during which a State has primary en- 

 forcement responsibility for public water systems 

 (within the meaning of section 300g-2(a) of this 

 title) that any public water system — 



(i) for which a variance under section 300g-4 

 or an exemption imder section 300g-5 of this title 

 is not in effect, does not comply with any national 

 primary drinking water regulation in effect imder 

 section 300g-l of this title, or 



(ii) for which a variance under section 300g-4 

 or an exemption under section 300g-5 of this title 

 is in effect, does not comply with any schedule or 

 ether requirement imposed pursuant thereto, 

 he shall so notify the State and provide such ad- 

 vice and technical assistance to such State and pub- 

 lic water system as may be appropriate to bring the 

 system into compliance with such regulation or re- 

 quirement by the earliest feasible time. 



(B) If the Administrator finds such failure to 

 comply extends beyond the thirtieth day after the 

 date of the notice given pursuant to subparagraph 

 (A), he shall give public notice of such finding and 

 request the State to report within fifteen days from 



