West Virginia Code of State Rules
Title 64 - Health
64-03 - Public Water Systems
§64-3-10 - Adoption of Federal Regulations.

§64-3-10. Adoption of Federal Regulations.

10.1. The following federal regulations are hereby adopted by reference:

10.1.1. National Primary Drinking Water Regulations, 40 CFR Part 141, with the exception of the monitoring reduction provisions of Subpart Y, the specific portions of Subpart Y which are not being adopted by reference in this rule are as follows:

10.1.1.a. In 40 CFR § 141.854 (c) (2), the last three sentences, beginning with “The State may not allow systems to begin less frequent monitoring”…through the end of that subsection;

10.1.1.b. In 40 CFR § 141.854, sections (d), (e) and (h) in their entirety;

10.1.1.c. In 40 CFR § 141.854 (i) (2) the portion of the sentence that reads “unless it meets the criteria in paragraphs (i) (2) (i) through (iii) of the section to be eligible for monitoring less frequently than monthly”;

10.1.1.d. In 40 CFR § 141.854 (i) (2) the portion of the sentence that reads “unless it meets the criteria in § 141.854 (i) (2) (i) through (iii) of this section to be eligible for monitoring less frequently than monthly”;

10.1.1.e. In 40 CFR § 141.854 (i) (2) (i) thru (iii) in their entirety; and

10.1.1.f. In 40 CFR § 141.855 (c) (2), (d), (e) and (f) in their entirety.

10.1.2. National Primary Drinking Water Regulations Implementation, 40 CFR Part 142, Subparts A and F, and Sections 40 CFR 142.20 (b), 142.21; 142.62, 142.63, 142.64 and 142.65; and

10.1.3. National Secondary Drinking Water Regulations, 40 CFR Part 143.

10.2. The commissioner will use the provisions of 40 CFR § 142.20 (b) and the requirements and procedures of Subpart F of 40 CFR Part 142, as adopted in this rule as applicable in granting exemptions. Nothing in this section shall authorize the granting of a variance by the Commissioner. For the purpose of granting exemptions, the following changes are made to Subpart F in 40 CFR Part 142:

10.2.1. The term “Commissioner” shall be substituted for the term “Administrator.”

10.2.2. The term “West Virginia” shall be substituted for the phrase “State that does not have primary enforcement responsibility.”

10.2.3. To meet the requirements of 40 CFR § 142.54 (b) (2), the commissioner need only provide notice to other appropriate state or local agencies at the commissioner’s discretion.

10.3. In the event of a conflict between a federal standard adopted in this rule and a state standard adopted in this rule, the more stringent standard applies.

10.4. The National Primary Drinking Water Regulations can be viewed online at http://water.epa.gov/lawsregs/rulesregs/sdwa/index.cfm. Copies of these regulations are available in hard copy from:

U.S. Environmental Protection Agency

Region III

1650 Arch Street

Philadelphia, PA 19103

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