[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: 40CFR142.307]

[Page 675-676]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
                  Subpart K_Variances for Small System
 
Sec. 142.307  What terms and conditions must be included in a small system 

variance?

    (a) A State or the Administrator must clearly specify enforceable 
terms and conditions of a small system variance.
    (b) The terms and conditions of a small system variance issued under 
this subpart must include, at a minimum, the following requirements:
    (1) Proper and effective installation, operation and maintenance of 
the applicable small system variance technology in accordance with 
guidance published by the Administrator pursuant to section 1412(b)(15) 
of the Act, taking into consideration any relevant source water 
characteristics and any other site-specific conditions that may affect 
proper and effective operation and maintenance of the technology;
    (2) Monitoring requirements, for the contaminant for which a small 
system variance is sought, as specified in 40 CFR part 141; and
    (3) Any other terms or conditions that are necessary to ensure 
adequate protection of public health, which may include:
    (i) Public education requirements; and
    (ii) Source water protection requirements.
    (c) The State or the Administrator must establish a schedule for the 
public water system to comply with the terms and conditions of the small 
system variance which must include, at a minimum, the following 
requirements:
    (1) Increments of progress, such as milestone dates for the public 
water system to apply for financial assistance and begin capital 
improvements;
    (2) Quarterly reporting to the State or Administrator of the public 
water system's compliance with the terms and conditions of the small 
system variance;
    (3) Schedule for the State or the Administrator to review the small 
system variance under paragraph (d) of this section; and
    (4) Compliance with the terms and conditions of the small system 
variance as soon as practicable but not later than 3 years after the 
date on which the small system variance is granted. The Administrator or 
State may allow up to 2 additional years if the Administrator or State 
determines that additional time is necessary for the public water system 
to:
    (i) Complete necessary capital improvements to comply with the small 
system variance technology, secure an alternative source of water, or 
restructure or consolidate; or
    (ii) Obtain financial assistance provided pursuant to section 1452 
of the Act or any other Federal or State program.
    (d) The State or the Administrator must review each small system 
variance granted not less often than every 5 years after the compliance 
date established in the small system variance to determine whether the 
public water system continues to meet the eligibility criteria and 
remains eligible for the small system variance and is complying with the 
terms and conditions of the small system variance. If the public water 
system would no longer be eligible for a small system variance, the 
State or the Administrator must determine whether continuing the 
variance is in the public interest. If the State or the Administrator 
finds that continuing the variance is not in the public interest, the 
variance must be withdrawn.

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                          Public Participation