[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: 40CFR142.43]

[Page 658-659]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
Subpart E_Variances Issued by the Administrator Under Section 1415(a) of 
 
Sec. 142.43  Disposition of a variance request.

    (a) If the Administrator decides to deny the application for a 
variance, he shall notify the applicant of his intention to issue a 
denial. Such notice shall include a statement of reasons for the 
proposed denial, and shall offer the applicant an opportunity to 
present, within 30 days of receipt of the notice, additional information 
or argument to the Administrator. The Administrator shall make a final 
determination on the request within 30 days after receiving any such 
additional information or argument. If no additional information or 
argument is submitted by the applicant the application shall be denied.
    (b) If the Administrator proposes to grant a variance request 
submitted pursuant to Sec. 142.41, he shall notify the applicant of his 
decision in writing. Such notice shall identify the variance, the 
facility covered, and shall specify the period of time for which the 
variance will be effective.
    (1) For the type of variance specified in Sec. 142.40(a) such 
notice shall provide that the variance will be terminated when the 
system comes into compliance with the applicable regulation, and may be 
terminated upon a finding by the Administrator that the system has 
failed to comply with any requirements of a final schedule issued 
pursuant to Sec. 142.44.
    (2) For the type of variance specified in Sec. 142.40(b) such 
notice shall provide that the variance may be terminated at any time 
upon a finding that the nature of the raw water source is such that the 
specified treatment technique for which the variance was granted is 
necessary to protect the health of persons or upon a finding that the 
public water system has failed to comply with monitoring and other 
requirements prescribed by the Administrator as a condition to the 
granting of the variance.
    (c) For a variance specified in Sec. 142.40(a)(1) the Administrator 
shall propose a schedule for:

[[Page 659]]

    (1) Compliance (including increments of progress) by the public 
water system with each contaminant level requirement covered by the 
variance; and,
    (2) Implementation by the public water system of such additional 
control measures as the Administrator may require for each contaminant 
covered by the variance.
    (d) The proposed schedule for compliance shall specify dates by 
which steps towards compliance are to be taken, including at the 
minimum, where applicable:
    (1) Date by which arrangement for an alternative raw water source or 
improvement of existing raw water source will be completed.
    (2) Date of initiation of the connection for the alternative raw 
water source or improvement of the existing raw water source.
    (3) Date by which final compliance is to be achieved.
    (e) The proposed schedule may, if the public water system has no 
access to an alternative raw water source, and can effect or anticipate 
no adequate improvement of the existing raw water source, specify an 
indefinite time period for compliance until a new and effective 
treatment technology is developed at which time a new compliance 
schedule shall be prescribed by the Administrator.
    (f) The proposed schedule for implementation of additional interim 
control measures during the period of variance shall specify interim 
treatment techniques, methods and equipment, and dates by which steps 
toward meeting the additional interim control measures are to be met.
    (g) The schedule shall be prescribed by the Administrator at the 
time of granting of the variance, subsequent to provision of opportunity 
for hearing pursuant to Sec. 142.44.

[41 FR 2918, Jan. 20, 1976, as amended at 52 FR 20675, June 2, 1987]