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CFR › Title 40 › Chapter I › Subchapter D › Part 142 › Subpart K › Section 142.307

40 CFR 142.307 - What terms and conditions must be included in a small system variance?

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§ 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.

Title 40 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-02-13; vol. 78 # 30 - Wednesday, February 13, 2013
    1. 78 FR 10270 - National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on April 15, 2013. For judicial purposes, this final rule is promulgated as of February 13, 2013. The compliance date for the rule requirements is April 1, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register (FR) as of April 15, 2013.
      40 CFR Parts 141 and 142

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 300f - Definitions

42 USC § 300g–1 - National drinking water regulations

42 USC § 300g–2 - State primary enforcement responsibility

42 USC § 300g–3 - Enforcement of drinking water regulations

42 USC § 300g–4 - Variances

42 USC § 300g–5 - Exemptions

42 USC § 300g–6 - Prohibition on use of lead pipes, solder, and flux

§ 300h - Regulations for State programs

42 USC § 300j–4 - Records and inspections

42 USC § 300j–9 - General provisions

42 USC § 300j–11 - Indian Tribes

Title 40 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 142 after this date.

  • 2013-02-13; vol. 78 # 30 - Wednesday, February 13, 2013
    1. 78 FR 10270 - National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on April 15, 2013. For judicial purposes, this final rule is promulgated as of February 13, 2013. The compliance date for the rule requirements is April 1, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register (FR) as of April 15, 2013.
      40 CFR Parts 141 and 142