§300g–5 — Title 42 The Public Health and Welfare | U.S. Code

Summary

A state that runs the drinking water program can let a public water system skip a contaminant limit or a required treatment method for a while if the state finds four things: the system can’t meet the rule because of strong reasons (including money problems or being a disadvantaged community); the system was operating when the rule took effect (or a new system has no reasonable alternative water source); the exemption won’t cause an unreasonable health risk; and changing management or merging with another system won’t reasonably fix the problem. When the state grants an exemption, it must give the system a timetable that lists steps, control measures, and deadlines to reach compliance. The system must meet the rules as fast as possible but no later than 3 years after the normal compliance date. A system must show it needs major construction that can’t be finished by the deadline, or that it has or will get financial help, or that it will join a regional system. Small systems (population ≤3,300) that need money can extend an exemption in 2-year steps up to a total of 6 years if they are taking all practical steps. A system with a different kind of variance can’t get an exemption. The state must tell the EPA right away when it grants an exemption and explain why, including how the exemption won’t pose an unreasonable health risk. The EPA will review exemptions (first review 18 months after interim rules take effect for the first year of exemptions, then at least every 3 years), publish notices, and take comments. If the EPA finds a state gave too many improper exemptions or failed to set schedules, the EPA will notify the state, identify the affected systems, propose revocations or new schedules, hold a hearing, and then act within 180 days. If the state fixes the problem before a revocation takes effect, the EPA will drop its action. No revocation or new schedule may take effect until at least 90 days after the notice. If a state does not run the program, the EPA has the same power to grant exemptions. Applications for exemptions must be decided within a reasonable time set by EPA rules. Treatment technique requirement — a required method that reduces a contaminant enough to meet the standard.

Title 42, §300g–5

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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; 11 So in original. The semicolon probably should be a comma. 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)(1)If a State grants a public water system an exemption under subsection (a), 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.

(2)(A)A schedule prescribed pursuant to this subsection for a public water system granted an exemption under subsection (a) 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

(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)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) 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) or the schedule is revised by the Administrator under such subsection.

(c)Each State which grants an exemption under subsection (a) 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) before the exemption may be granted) and document the need for the exemption.

(d)(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) or failed to prescribe schedules in accordance with subsection (b), 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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a)(1). Pub. L. 104–182, § 117(a)(1), inserted “, including qualification of the public water system as a system serving a disadvantaged community pursuant to section 300j–12(d) of this title” after “(which may include economic factors” and “or to implement measures to develop an alternative source of water supply,” after “treatment technique requirement,”. Subsec. (a)(4). Pub. L. 104–182, § 117(a)(2), added par. (4). Subsec. (b)(1)(A). Pub. L. 104–182, § 117(a)(3), substituted “(including increments of progress or measures to develop an alternative source of water supply)” for “(including increments of progress)” and “requirement or treatment” for “requirement and treatment”. Subsec. (b)(2)(A). Pub. L. 104–182, § 117(a)(4)(A), substituted “not later than 3 years after the otherwise applicable compliance date established in section 300g–1(b)(10) of this title.” for “(except as provided in subparagraph (B))— “(i) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by the national primary drinking water

Regulations

promulgated under section 300g–1(a) of this title, not later than 12 months after June 19, 1986; and “(ii) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by national primary drinking water

Regulations

, other than a regulation referred to in section 300g–1(a) of this title, 12 months after the date of the issuance of the exemption.” Subsec. (b)(2)(B). Pub. L. 104–182, § 117(a)(4)(A), substituted “No exemption shall be granted unless” for “The final date for compliance provided in any schedule in the case of any exemption may be extended by the State (in the case of a State which has primary

Enforcement

responsibility) or by the Administrator (in any other case) for a period not to exceed 3 years after the date of the issuance of the exemption if” in introductory provisions. Subsec. (b)(2)(B)(i). Pub. L. 104–182, § 117(a)(4)(B), substituted “prior to the date established pursuant to section 300g–1(b)(10) of this title” for “within the period of such exemption”. Subsec. (b)(2)(B)(ii). Pub. L. 104–182, § 117(a)(4)(C), inserted “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” after “such financial assistance”. Subsec. (b)(2)(C). Pub. L. 104–182, § 117(a)(4)(D), substituted “a population of 3,300” for “500 service connections” and inserted “, but not to exceed a total of 6 years,” after “for one or more additional 2-year periods”. Subsec. (b)(2)(D). Pub. L. 104–182, § 117(a)(4)(E), added subpar. (D). 1986—Subsec. (b)(1). Pub. L. 99–339, § 105(a)(1), substituted “at the time” for “within one year of the date”. Subsec. (b)(2)(A)(i). Pub. L. 99–339, § 105(a)(2), struck out “interim” before “national primary” and substituted “not later than 12 months after

June 19, 1986” for “not later than

January 1, 1984”. Subsec. (b)(2)(A)(ii). Pub. L. 99–339, § 105(a)(3), struck out “revised” before “national primary” and substituted “other than a regulation referred to in section 300g–1(a) of this title, 12 months after the date of the issuance of the exemption” for “not later than seven years after the date such requirement takes effect”. Subsec. (b)(2)(B). Pub. L. 99–339, § 105(a)(4), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Notwithstanding clauses (i) and (ii) of subparagraph (A) of this paragraph, the final date for compliance prescribed in a schedule prescribed pursuant to this subsection for an exemption granted for a public water system which (as determined by the State granting the exemption) has entered into an enforceable agreement to become a part of a regional public water system shall— “(i) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by interim national primary drinking water

Regulations

, be not later than January 1, 1986; and “(ii) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water

Regulations

, be not later than nine years after such requirement takes effect.” Subsec. (b)(2)(C). Pub. L. 99–339, § 105(a)(4), added subpar. (C). Subsec. (e). Pub. L. 99–339, § 101(c)(4), substituted “300g–1(b)” for “300g–1(b)(3)”. 1980—Subsec. (a)(2). Pub. L. 96–502, § 4(b), substituted “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, and” for “treatment technique requirement, and”. Subsec. (b)(2)(A)(i). Pub. L. 96–502, § 1, substituted “

January 1, 1984” for “

January 1, 1981”. Subsec. (b)(2)(B)(i). Pub. L. 96–502, § 1, substituted “

January 1, 1986” for “

January 1, 1983”. 1977—Subsec. (b)(1). Pub. L. 95–190 substituted “contaminant” for “containment” wherever appearing.

§300g–5 Exemptions

Summary

Title 42, §300g–5

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Regulations

Enforcement

Regulations

Regulations

Citations & Metadata