42 U.S.C. § 300g-5 : US Code - Section 300G-5: Exemptions

Search 42 U.S.C. § 300g-5 : US Code - Section 300G-5: Exemptions

(a) Requisite findings
A State which has primary enforcement responsibility may exempt
any public water system within the State's jurisdiction from any
requirement respecting 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 300j-
12(d) of this title), 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 system that was not in operation by that
date, only if no reasonable alternative source of drinking water
is available to such new system,
(3) the granting of the exemption will not result in an
unreasonable risk to health; (!1) and
(4) management or restructuring changes (or both) cannot
reasonably be made that will result in compliance with this
subchapter or, if compliance cannot be achieved, improve the
quality of the drinking water.
(b) Compliance schedule and implementation of control measures;
notice and hearing; dates for compliance with schedule;
compliance, enforcement; approval or revision of schedules and
revocation of exemptions
(1) If a State grants a public water system an exemption under
subsection (a) of this section, the State shall prescribe, at the
time the exemption is granted, a schedule for -
(A) compliance (including increments of progress or measures to
develop an alternative source of water supply) by the public
water system with each contaminant level requirement or treatment
technique requirement with respect to which the exemption was
granted, and
(B) implementation by the public water system of such control
measures as the State may require for each contaminant, subject
to such contaminant level requirement or treatment technique
requirement, during the period ending on the date compliance with
such requirement is required.
Before a schedule prescribed by a State pursuant to this subsection
may take effect, the State shall provide notice and opportunity for
a public hearing on the schedule. A notice given pursuant to the
preceding sentence may cover the prescribing of more than one such
schedule and a hearing held pursuant to such notice shall include
each of the schedules covered by the notice.
(2)(A) A schedule prescribed pursuant to this subsection for a
public water system granted an exemption under subsection (a) of
this section shall require compliance by the system with each
contaminant level and treatment technique requirement with respect
to which the exemption was granted as expeditiously as practicable
(as the State may reasonably determine) but not later than 3 years
after the otherwise applicable compliance date established in
section 300g-1(b)(10) of this title.
(B) No exemption shall be granted unless the public water system
establishes that -
(i) the system cannot meet the standard without capital
improvements which cannot be completed prior to the date
established pursuant to section 300g-1(b)(10) of this title;
(ii) in the case of a system which needs financial assistance
for the necessary improvements, the system has entered into an
agreement to obtain such financial assistance or assistance
pursuant to section 300j-12 of this title, or any other Federal
or State program is reasonably likely to be available within the
period of the exemption; or
(iii) the system has entered into an enforceable agreement to
become a part of a regional public water system; and
the system is taking all practicable steps to meet the standard.
(C) In the case of a system which does not serve more than a
population of 3,300 and which needs financial assistance for the
necessary improvements, an exemption granted under clause (i) or
(ii) of subparagraph (B) may be renewed for one or more additional
2-year periods, but not to exceed a total of 6 years, if the system
establishes that it is taking all practicable steps to meet the
requirements of subparagraph (B).
(D) Limitation. - A public water system may not receive an
exemption under this section if the system was granted a variance
under section 300g-4(e) of this title.
(3) Each public water system's exemption granted by a State under
subsection (a) of this section shall be conditioned by the State
upon compliance by the public water system with the schedule
prescribed by the State pursuant to this subsection. The
requirements of each schedule prescribed by a State pursuant to
this subsection shall be enforceable by the State under its laws.
Any requirement of a schedule on which an exemption granted under
this section is conditioned may be enforced under section 300g-3 of
this title as if such requirement was part of a national primary
drinking water regulation.
(4) Each schedule prescribed by a State pursuant to this
subsection shall be deemed approved by the Administrator unless the
exemption for which it was prescribed is revoked by the
Administrator under subsection (d)(2) of this section or the
schedule is revised by the Administrator under such subsection.
(c) Notice to Administrator; reasons for exemption
Each State which grants an exemption under subsection (a) of this
section shall promptly notify the Administrator of the granting of
such exemption. Such notification shall contain the reasons for the
exemption (including the basis for the finding required by
subsection (a)(3) of this section before the exemption may be
granted) and document the need for the exemption.
(d) Review of exemptions and schedules; publication in Federal
Register, notice and results of review; notice to State;
considerations respecting abuse of discretion in granting
exemptions or failing to prescribe schedules; State corrective
action
(1) Not later than 18 months after the effective date of the
interim national primary drinking water regulations the
Administrator shall complete a comprehensive review of the
exemptions granted (and schedules prescribed pursuant thereto) by
the States during the one-year period beginning on such effective
date. The Administrator shall conduct such subsequent reviews of
exemptions and schedules as he deems necessary to carry out the
purposes of this subchapter, but each subsequent review shall be
completed within each 3-year period following the completion of the
first review under this subparagraph. Before conducting any review
under this subparagraph, the Administrator shall publish notice of
the proposed review in the Federal Register. Such notice shall (A)
provide information respecting the location of data and other
information respecting the exemptions to be reviewed (including
data and other information concerning new scientific matters
bearing on such exemptions), and (B) advise of the opportunity to
submit comments on the exemptions reviewed and on the need for
continuing them. Upon completion of any such review, the
Administrator shall publish in the Federal Register the results of
his review, together with findings responsive to comments submitted
in connection with such review.
(2)(A) If the Administrator finds that a State has, in a
substantial number of instances, abused its discretion in granting
exemptions under subsection (a) of this section or failed to
prescribe schedules in accordance with subsection (b) of this
section, the Administrator shall notify the State of his findings.
In determining if a State has abused its discretion in granting
exemptions in a substantial number of instances, the Administrator
shall consider the number of persons who are affected by the
exemptions and if the requirements applicable to the granting of
the exemptions were complied with. A notice under this subparagraph
shall -
(i) identify each exempt public water system with respect to
which the finding was made,
(ii) specify the reasons for the finding, and
(iii) as appropriate, propose revocations of specific
exemptions or propose revised schedules for specific exempt
public water systems, or both.
(B) The Administrator shall provide reasonable notice and public
hearing on the provisions of each notice given pursuant to
subparagraph (A). After a hearing on notice pursuant to
subparagraph (A), the Administrator shall (i) rescind the finding
for which the notice was given and promptly notify the State of
such rescission, or (ii) promulgate (with such modifications as he
deems appropriate) such exemption revocations and revised schedules
proposed in such notice as he deems appropriate. Not later than 180
days after the date a notice is given pursuant to subparagraph (A),
the Administrator shall complete the hearing on the notice and take
the action required by the preceding sentence.
(C) If a State is notified under subparagraph (A) of a finding of
the Administrator made with respect to an exemption granted a
public water system within that State or to a schedule prescribed
pursuant to such an exemption and if before a revocation of such
exemption or a revision of such schedule promulgated by the
Administrator takes effect the State takes corrective action with
respect to such exemption or schedule which the Administrator
determines makes his finding inapplicable to such exemption or
schedule, the Administrator shall rescind the application of his
finding to that exemption or schedule. No exemption revocation or
revised schedule may take effect before the expiration of 90 days
following the date of the notice in which the revocation or revised
schedule was proposed.
(e) "Treatment technique requirement" defined
For purposes of this section, the term "treatment technique
requirement" means a requirement in a national primary drinking
water regulation which specifies for a contaminant (in accordance
with section 300f(1)(C)(ii) of this title) each treatment technique
known to the Administrator which leads to a reduction in the level
of such contaminant sufficient to satisfy the requirements of
section 300g-1(b) of this title.
(f) Authority of Administrator in a State without primary
enforcement responsibility
If a State does not have primary enforcement responsibility for
public water systems, the Administrator shall have the same
authority to exempt public water systems in such State from maximum
contaminant level requirements and treatment technique requirements
under the same conditions and in the same manner as the State would
be authorized to grant exemptions under this section if it had
primary enforcement responsibility.
(g) Applications for exemptions; regulations; reasonable time for
acting
If an application for an exemption under this section is made,
the State receiving the application or the Administrator, as the
case may be, shall act upon such application within a reasonable
period (as determined under regulations prescribed by the
Administrator) after the date of its submission.