[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: 40CFR142.311]

[Page 677]
 
                   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. 142.311  What procedures allow the Administrator to object to a proposed 

small system variance or overturn a granted small system variance for a public 

water system serving 3,300 or fewer persons?

    (a) At the time a State proposes to grant a small system variance 
under this subpart, the State must submit to the Administrator the 
proposed small system variance and all supporting information, including 
any written public comments received prior to proposal.
    (b) The Administrator may review and object to any proposed small 
system variance within 90 days of receipt of the proposed small system 
variance. The Administrator must notify the State in writing of each 
basis for the objection and propose a modification to the small system 
variance to resolve the concerns of the Administrator. The State must 
make the recommended modification, respond in writing to each objection, 
or withdraw the proposal to grant the small system variance.
    (c) If the State issues the small system variance without resolving 
the concerns of the Administrator, the Administrator may overturn the 
State decision to grant the variance if the Administrator determines 
that the State decision does not comply with the Act or this rule.