minister an effective Public Water System Program; by the existence of institutions to exercise executive, legislative, and judicial functions; by a history of successful managerial performance of public health or environmental programs; and by acceptable accounting and procurement procedures.

§ 142.76 Request by an Indian Tribe for a determination of treatment as a State. An Indian Tribe may apply to the Administrator for a determination that it qualifies for treatment as a State pursuant to section 1451 of the Act. The application shall be concise and describe how the Indian Tribe will meet each of the requirements of § 142.72. The application shall consist of the following information:

(a) A statement that the Tribe is recognized by the Secretary of the Interi

or.

(b) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. The statement shall:

(1) Describe the form of the Tribal government;

(2) Describe the types of governmental functions currently performed by the Tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population; taxation; and the exercise of the power of eminent domain; and

(3) Identify the sources of the Tribal government's authority to carry out the governmental functions currently being performed.

(c) A map or legal description of the area over which the Indian Tribe asserts jurisdiction; a statement by the Tribal Attorney General (or equivalent official) which describes the basis for the Tribe's jurisdictional assertion (including the nature or subject matter of the asserted jurisdiction); a copy of all documents such as Tribal constitutions, by-laws, charters, executive orders, codes, ordinances, and/or resolutions which support the Tribe's asserted jurisdiction; and a description of the locations of the public water

systems the Tribe proposes to regulate.

(d) A narrative statement describing the capability of the Indian Tribe to administer an effective Public Water System program. The narrative statement shall include:

(1) A description of the Indian Tribe's previous management experience including, but not limited to, the administration of programs and services authorized by the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian Mineral Development Act (25 U.S.C. 2101 et seq.), or the Indian Sanitation Facilities Construction Activity Act (42 U.S.C. 2004a).

(2) A list of existing environmental or public health programs administered by the Tribal governing body and a copy of related Tribal laws, regulations and policies.

(3) A description of the Indian Tribe's accounting and procurement systems.

(4) A description of the entity (or entities) which exercise the executive, legislative, and judicial functions of the Tribal government.

(5) A description of the existing, or proposed, agency of the Indian Tribe which will assume primary enforcement responsibility, including a description of the relationship between owners/operators of the public water systems and the agency.

(6) A description of the technical and administrative capabilities of the staff to administer and manage an effective Public Water System Program or a plan which proposes how the Tribe will acquire additional administrative and/or technical expertise. The plan must address how the Tribe will obtain the funds to acquire the additional administrative and technical expertise.

(e) The Administrator may, in his discretion, request further documentation necessary to support a Tribal request for treatment as a State.

(f) If the Administrator has previously determined that a Tribe has met the requirement for "treatment as a State" for programs authorized under the Safe Drinking Water or the Clean Water Acts, then that Tribe may provide only that information unique to

the Public Water System program (i.e., §§ 142.76(c) and 142.76(d)(6)).

8142.78 Procedure for

processing an

Indian Tribe's application for treatment as a State.

(a) The Administrator shall process a completed application of an Indian Tribe for treatment as a State submitted pursuant to § 142.76 in a timely manner. He shall promptly notify the Indian Tribe of receipt of the application.

(b) Within 30 days after receipt of the Indian Tribe's completed application for treatment as a State, the Administrator shall notify the appropriate governmental entities. Notice shall include information on the substance of and basis for the Tribe's jurisdictional assertions.

(c) Each governmental entity so notified by the Administrator shall have 30 days to comment upon the Tribe's assertion of jurisdiction. Comments by governmental entities shall be limited to the Tribe's assertion of jurisdiction.

(d) If a Tribe's asserted jurisdiction is subject to a competing or conflicting claim, the Administrator, after consultation with the Secretary of the Department of the Interior, or his designee, and in consideration of other comments received, shall determine whether the Tribe has adequately demonstrated the requisite jurisdiction for primacy for the Public Water System Program.

(e) If the Administrator determines that a Tribe meets the requirements of § 142.72, the Indian Tribe is then eligible to apply for development grants and primary enforcement responsibility for a Public Water System Program and associated funding under section 1443(a) of the Act and for primary enforcement responsibility for public water systems under section 1413 of the Act.

Subpart I—Administrator's Review of

State Decisions that Implement
Criteria Under Which Filtration Is
Required

SOURCE: 54 FR 27540, June 29, 1989, unless otherwise noted.

EFFECTIVE DATE NOTE: At 54 FR 27540, June 29, 1989, Subpart I to Part 142 was added, effective December 31, 1990.

§ 142.80 Review procedures.

(a) The Administrator may initiate a comprehensive review of the decisions made by States with primary enforcement responsibility to determine, in accordance with § 141.71 of this chapter, if public water systems using surface water sources must provide filtration treatment. The Administrator shall complete this review within one year of its initiation and shall schedule subsequent reviews as (s)he deems necessary.

(b) EPA shall publish notice of a proposed review in the FEDERAL REGISTER. Such notice must:

(1) Provide information regarding the location of data and other information pertaining to the review to be conducted and other information including new scientific matter bearing on the application of the criteria for avoiding filtration; and

(2) Advise the public of the opportunity to submit comments.

(c) Upon completion of any such review, the Administrator shall notify each State affected by the results of the review and shall make the results available to the public.

§ 142.81 Notice to the State.

(a) If the Administrator finds through periodic review or other available information that a State (1) has abused its discretion in applying the criteria for avoiding filtration under § 141.71 of this chapter in determining that a system does not have to provide filtration treatment, or (2) has failed to prescribe compliance schedules for those systems which must provide filtration in accordance with section 1412(b)(7)(C)(ii) of the Act, (s)he shall notify the State of these findings. Such notice shall:

(1) Identify each public water system for which the Administrator finds the State has abused its discretion;

(2) Specify the reasons for the finding;

(3) As appropriate, propose that the criteria of § 141.71 of this chapter be applied properly to determine the

need for a public water system to provide filtration treatment or propose a revised schedule for compliance by the public water system with the filtration treatment requirements;

(b) The Administrator shall also notify the State that a public hearing is to be held on the provisions of the notice required by paragraph (a) of this section. Such notice shall specify the time and location of the hearing. If, upon notification of a finding by the Administrator that the State has abused its discretion under § 141.71 of this chapter, the State takes corrective action satisfactory to the Administrator, the Administrator may rescind the notice to the State of a public hearing.

(c) The Administrator shall publish notice of the public hearing in the FEDERAL REGISTER and in a newspaper of general circulation in the involved State, including a summary of the findings made pursuant to paragraph (a) of this section, a statement of the time and location for the hearing, and the address and telephone number of an office at which interested persons may obtain further information concerning the hearing.

(d) Hearings convened pursuant to paragraphs (b) and (c) of this section shall be conducted before a hearing officer to be designated by the Administrator. The hearing shall be conducted by the hearing officer in an informal, orderly, and expeditious manner. The hearing officer shall have the authority to call witnesses, receive oral and written testimony, and take such other action as may be necessary to ensure the fair and efficient conduct of the hearing. Following the conclusion of the hearing, the hearing officer may make a recommendation to the Administrator based on the testimony presented at the hearing and shall forward any such recommendation and the record of the hearing to the Administrator.

(e) Within 180 days after the date notice is given pursuant to paragraph (b) of this section, the Administrator shall:

(1) Rescind the notice to the State of a public hearing if the State takes corrective action satisfactory to the Administrator; or

(2) Rescind the finding for which the notice was given and promptly notify the State of such rescission; or

(3) Uphold the finding for which the notice was given. In this event, the Administrator shall revoke the State's decision that filtration was not required or revoke the compliance schedule approved by the State, and promulgate, as appropriate, with any appropriate modifications, a revised filtration decision or compliance schedule and promptly notify the State of such action.

(f) Revocation of a State's filtration decision or compliance schedule and/ or promulgation of a revised filtration decision or compliance schedule shall take effect 90 days after the State is notified under paragraph (e)(3) of this section.

PART 143-NATIONAL SECONDARY DRINKING WATER REGULATIONS

Sec.

143.1 Purpose.

143.2 Definitions.

143.3 Secondary maximum contaminant levels.

143.4 Monitoring.

143.5 Compliance with secondary maximum contaminant level and public notification for fluoride.

AUTHORITY: 42 U.S.C. 300f et seq.

SOURCE: 44 FR 42198, July 19, 1979, unless otherwise noted.

§ 143.1 Purpose.

This part establishes National Secondary Drinking Water Regulations pursuant to section 1412 of the Safe Drinking Water Act, as amended (42 U.S.C. 300g-1). These regulations control contaminants in drinking water that primarily affect the aesthetic qualities relating to the public acceptance of drinking water. At considerably higher concentrations of these contaminants, health implications may also exist as well as aesthetic degradation. The regulations are not Federally enforceable but are intended as guidelines for the States.

(a) "Act" means the Safe Drinking Water Act as amended (42 U.S.C. 300f et seq.).

(b) "Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.

(c) "Public water system" means a system for the provision to the public of piped water for human consumption, if such a system has at least fifteen service connections or regularly serves an average of at least twentyfive individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a "community water system" or a "non-community water system."

(d) "State" means the agency of the State or Tribal government which has jurisdiction over public water systems. During any period when a State does not have responsibility pursuant to section 1443 of the Act, the term "State" means the Regional Administrator, U.S. Environmental Protection Agency.

(e) "Supplier of water" means any person who owns or operates a public water system.

(f) "Secondary maximum contaminant levels" means SMCLS which apply to public water systems and which, in the judgement of the Administrator, are requisite to protect the public welfare. The SMCL means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of public water system. Contamimants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition.

[44 FR 42198, July 19, 1979, as amended at 53 FR 37412, Sept. 26, 1988]

of

ington, DC, 20460, 1974, or "Standard Methods for the Examination Water and Wastewater," 13th Edition, pp. 160-162, 14th Edition, p. 64-66.

(3) Cooper-Atomic Absorption Method, "Methods for Chemical Analysis of Water and Wastes," pp. 108109, EPA, Office of Technology Transfer, Washington, DC 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 210-215, 14th Edition, pp. 144-147; or Inductively Coupled

Plasma Method, "Inductively Coupled Plasma-Atomic Emission Spectrometric Method for Trace Element Analysis of Water and Wastes-Method 200.7," available from EPA Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 45268.

(4) Foaming Agents-Methylene Blue Method, "Methods for Chemical Analysis of Water and Wastes," pp. 157-158, EPA, Office of Technology Transfer, Washington, DC, 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 339342, 14th Edition, p. 600.

(5) Iron-Atomic Absorption Method, "Methods for Chemical Analysis of Water and Wastes," pp. 110111, EPA, Office of Technology Transfer, Washington, DC 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 210-215, 14th Edition, pp. 144-147; or Inductively Coupled Plasma Method, "Inductively Coupled Plasma-Atomic Emission Spectrometric Method for Trace Element Analysis of Water and Wastes-Method 200.7," available from EPA Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 45268.

(6) Manganese-Atomic Absorption Method, "Methods for Chemical Analysis of Water and Wastes," pp. 116117, EPA, Office of Technology Transfer, Washington, DC 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 210-215, 14th Edition, pp. 144-147;

or Inductively Coupled Plasma Method, "Inductively Coupled Plasma-Atomic Emission Spectrometric Method for Trace Element Analysis of Water and Wastes-Method 200.7" available from EPA Environ

mental Monitoring and Support Laboratory, Cincinnati, Ohio 45268.

(7) Odor-Consistent Series Method, "Methods for Chemical Analysis of Water and Wastes," pp. 287-294, EPA, Office of Technology Transfer, Washington, DC, 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 248-254, 14th Edition, p. 75-82.

(8) pH-Glass Electrode Method, "Methods for Chemical Analysis of Water and Wastes," pp. 239-240, EPA, Office of Technology Transfer, Washington, DC, 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 276-281, 14th Edition, pp. 460-465.

(9) Sulfate-Turbidimetric Method, "Methods for Chemical Analysis of Water and Wastes," pp. 277-278, EPA, Office of Technology Transfer, Washington, DC, 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 334-335, 14th Edition, p. 496-498. (10) Total Dissolved Solids-Total Residue Methods, "Methods for Chemical Analysis of Water and Wastes," pp. 270-271, EPA, Office of Technology Transfer, Washington, DC, 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 288290, 14th Edition, p. 91-92.

(11) Zinc-Atomic Absorption Method, "Methods for Chemical Analysis of Water and Wastes," pp. 155156, EPA, Office of Technology Transfer, Washington, DC 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," 13th Edition, pp. 210-215, 14th Edition, pp. 144-147; or Inductively Coupled Plasma Method, "Inductively Coupled Plasma-Atomic Emission Spectrometric Method for Trace Element Analysis of Water and Wastes-Method 200.7," available from EPA Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 45268.

[44 FR 42198, July 19, 1979, as amended at 53 FR 5147, Feb. 19, 1988]