[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.20]

[Page 595-596]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of Contents
 
        Subpart C_Review of State-Issued Variances and Exemptions
 
Sec.  142.20  State-issued variances and exemptions under Section 1415(a) and Section 1416 of the Act.


    (a) States with primary enforcement responsibility may issue 
variances to public water systems (other than small system variances) 
from the requirements of primary drinking water regulations under 
conditions and in a manner which are not less stringent than the 
requirements under Section 1415(a) of the Act. In States that do not 
have

[[Page 596]]

primary enforcement responsibility, variances may be granted by the 
Administrator pursuant to Subpart E of this part.
    (1) A State must document all findings that are required under 
Section 1415(a) of the Act.
    (2) If a State prescribes a schedule pursuant to section 1415(a) of 
the Act requiring compliance with a contaminant level for which the 
variance is granted later than five years from the date of issuance of 
the variance the State must--
    (i) Document its rationale for the extended compliance schedule;
    (ii) Discuss the rationale for the extended compliance schedule in 
the required public notice and opportunity for public hearing; and
    (iii) Provide the shortest practicable time schedule feasible under 
the circumstances.
    (b) States with primary enforcement responsibility may issue 
exemptions from the requirements of primary drinking water regulations 
under conditions and in a manner which are not less stringent than the 
requirements under Section 1416 of the Act. In States that do not have 
primary enforcement responsibility, exemptions may be granted by the 
Administrator pursuant to Subpart F of this part.
    (1) A State must document all findings that are required under 
Section 1416 of the Act:
    (i) Before finding that management and restructuring changes cannot 
be made, a State must consider the following measures, and the 
availability of State Revolving Loan Fund assistance, or any other 
Federal or State program, that is reasonably likely to be available 
within the period of the exemption to implement these measures:
    (A) Consideration of rate increases, accounting changes, the 
appointment of a State-certified operator under the State's Operator 
Certification program, contractual agreements for joint operation with 
one or more public water systems;
    (B) Activities consistent with the State's Capacity Development 
Strategy to help the public water system acquire and maintain technical, 
financial, and managerial capacity to come into compliance with the Act; 
and
    (C) Ownership changes, physical consolidation with another public 
water system, or other feasible and appropriate means of consolidation 
which would result in compliance with the Act;
    (ii) The State must consider the availability of an alternative 
source of water, including the feasibility of partnerships with 
neighboring public water systems, as identified by the public water 
system or by the State consistent with the Capacity Development 
Strategy.
    (2) In the case of a public water system serving a population of not 
more than 3,300 persons and which needs financial assistance for the 
necessary improvements under the initial compliance schedule, an 
exemption granted by the State under section 1416(b)(2)(B)(i) or (ii) of 
the Act may be renewed for one or more additional 2-year periods, but 
not to exceed a total of 6 additional years, only if the State 
establishes that the public water system is taking all practicable steps 
to meet the requirements of Section 1416(b)(2)(B) of the Act and the 
established compliance schedule to achieve full compliance with the 
contaminant level or treatment technique for which the exemption was 
granted. A State must document its findings in granting an extension 
under this paragraph.

[63 FR 43847, Aug. 14, 1998]