1. (a) General Applicability. This subchapter shall apply to all public water systems as described in each section, unless the system:

   1. (1) consists only of distribution and storage facilities (and does not have any production and treatment facilities);
   2. (2) obtains all of its water from, but is not owned or operated by, a public water system to which such standards apply;
   3. (3) does not sell water to any person;
   4. (4) is not a carrier which conveys passengers in interstate commerce; and
   5. (5) is subject to plumbing restrictions and inspections by the public water system which provides the water.

2. (b) Variances and exemptions. Variances and exemptions may be granted at the discretion of the executive director.

   1. (1) A variance may be granted to one or more of the MCLs or treatment technique requirements if all of the following conditions apply:

      1. (A) the system's raw water is such that the maximum allowable level cannot be met despite the application of the best available treatment techniques (taking costs into consideration) subject to the following conditions;
      2. (B) the public water system requesting the variance was in operation on the date the MCL or treatment technique requirement became effective;
      3. (C) the granting of the variance will not result in an unreasonable risk to public health; and
      4. (D) a schedule, including increments of progress, is established to bring the system into compliance with the standard in question.

   2. (2) An exemption may be granted to one or more of the MCLs or treatment technique requirements when a system is unable to comply with a specified allowable level because of compelling factors (which may include economic). An exemption may be granted only under the following circumstances:

      1. (A) the public water system requesting the exemption was in operation on the date the MCL or treatment technique requirement became effective or for a system that was not in operation by that date, if no reasonable alternative source of drinking water is available to such new system;
      2. (B) the granting of the exemption will not result in an unreasonable risk to public health; and
      3. (C) a schedule is established to bring the system into compliance with the standard in question.

   3. (3) Applications for such variances or exemptions must be submitted to the executive director in writing by the owner of the water system. The request must include the following:

      1. (A) a statement of the standard which is not met;
      2. (B) an estimate of the risk involved to public health with supporting evidence from physicians or dentists in the area;
      3. (C) a general long range plan for the correction of the problem. In addition, a detailed plan or compliance schedule must be submitted within one year following written notification that a variance or exemption has been granted; and
      4. (D) a detailed economic evaluation of the current and future situation.
   4. (4) A variance or exemption covering a group or class of systems with a common standard which is not met may be issued by the executive director without individual application. However, individual compliance schedules will be required for each such system within one year following written notification by the executive director that such a variance or exemption has been granted. After receiving notification from the executive director that a group or class variance or exemption has been issued to their system, each system must submit the above items in accordance with paragraph (3) of this subsection.
   5. (5) The executive director is required to act upon all requests for variances or exemptions within 90 days.
   6. (6) Procedures for public comment and public hearings on variances, exemptions, and compliance schedules as a condition of a variance or exemption will be as stated in the EPA National Primary Drinking Water Regulations, 40 CFR §§141.4 and 142.20.
3. (c) Modified Monitoring. When a public water system supplies water to one or more other public water systems, the executive director may modify the monitoring requirements imposed by this chapter to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the executive director in concurrence with the requirements of the administrator of the EPA.

Source Note:The provisions of this §290.102 adopted to be effective September 13, 2000, 25 TexReg 8880.