[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.50]

[Page 660-661]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
            Subpart F_Exemptions Issued by the Administrator
 
Sec. 142.50  Requirements for an exemption.


    (a) The Administrator may exempt any public water system within a 
State that does not have primary enforcement responsibility from any 
requirement regarding a maximum contaminant level or any treatment 
technique requirement, or from both, of an applicable national primary 
drinking water regulation upon a finding that--
    (1) Due to compelling factors (which may include economic factors, 
including qualification of the public water system as a system serving a 
disadvantaged community pursuant to section 1452(d) of the Act), the 
public water system is unable to comply with such contaminant level or 
treatment technique requirement or to implement measures to develop an 
alternative source of water supply;
    (2) The public water system was in operation on the effective date 
of such contaminant level or treatment technique requirement, or for a 
public water system that was not in operation by that date, no 
reasonable alternative source of drinking water is available to such new 
public water system;
    (3) The granting of the exemption will not result in an unreasonable 
risk to health; and
    (4) Management or restructuring changes (or both), as provided in

[[Page 661]]

Sec. 142.20(b)(1)(i), cannot reasonably be made that will result in 
compliance with the applicable national primary drinking water 
regulation or, if compliance cannot be achieved, improve the quality of 
the drinking water.
    (b) No exemption shall be granted unless the public water system 
establishes that the public water system is taking all practicable steps 
to meet the standard; and
    (1) The public water system cannot meet the standard without capital 
improvements which cannot be completed prior to the date established 
pursuant to Section 1412(b)(10) of the Act;
    (2) In the case of a public water system which needs financial 
assistance for the necessary improvements, the public water system has 
entered into an agreement to obtain such financial assistance or 
assistance pursuant to Section 1452 of the Act, or any other Federal or 
State program that is reasonably likely to be available within the 
period of the exemption; or
    (3) The public water system has entered into an enforceable 
agreement to become a part of a regional public water system.
    (c) A public water system may not receive an exemption under this 
subpart if the public water system was granted a variance under Section 
1415(e) of the Act.

[63 FR 43847, Aug. 14, 1998]