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(e) A hearing convened pursuant to paragraph (d) of this section shall be conducted before a hearing officer to be designated by the Administrator. The hearing shall be conducted by the hearing officer in an informal, orderly and expeditious manner. The hearing officer shall have authority to call witnesses, receive oral and written testimony and take such other action as may be necessary to assure the fair and efficient conduct of the hearing. Following the conclusion of the hearing, the hearing officer shall forward the record of the hearing to the Administrator.

(f) The variance or schedule shall become effective 30 days after notice of opportunity for hearing is given pursuant to paragraph (b) if no timely request for hearing is submitted and the Administrator does not determine to hold a public hearing on his own motion.

(2) Mailing of a notice to the agency of the State in which the system is located which is responsible for the State's water supply program, and to other appropriate State or local agencies at the Administrator's discretion.

(3) Such notice shall include a summary of the proposed variance or schedule and shall inform interested persons that they may request a public hearing on the proposed variance or schedule.

(C) Requests for hearing may be submitted by any interested person other than a Federal agency. Frivolous or insubstantial requests for hearing may be denied by the Administrator. Requests must be submitted to the Administrator within 30 days after issuance of the public notices provided for in paragraph (b). Such requests shall include the following information:

(1) The name, address and telephone number of the individual, organization or other entity requesting a hearing;

(2) A brief statement of the interest of the person making the request in the proposed variance or schedule and of information that the requesting person intends to submit at such hearing;

(3) The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

(d) The Administrator shall give notice in the anner set forth in paragraph (b) of this section of any hearing to be held pursuant to a request submitted by an interested person or on his own motion. Notice of the hearing shall also be sent to the persons requesting the hearing, if any. Notice of the hearing shall include a statement of the purpose of the hearing, information regarding the time and location for the hearing, and the address and telephone number of an offic at which interested persons may obtain further information concerning the hearing. At least one hearing location specified in the public notice shall be within the involved State. Notice of hearing shall be given not less than 15 days prior to the time scheduled for the hearing.

§ 142.45 Action After Hearing.

Within 30 days after the termination of the public hearing held pursuant to § 142.44, the Administrator shall, taking into consideration information obtained during such hearing and other relevant information, confirm, revise or rescind the proposed variance or schedule.

§ 142.46 Alternative Treatment Tech

niques. The Administrator may grant a variance from any treatment technique requirement of a national primary drinking water regulation to a supplier of water, whether or not the public water system for which the variance is requested is located in a State which has primary enforcement responsibility, upon a showing from any person that an alternative treatment technique not included in such requirement is at least as efficient in lowering the level of the contaminant with respect to which such requirements was prescribed. A variance under this paragraph shall be conditioned on the use of the alternative treatment technique which is the basis of the variance.

Subpart F-Exemptions Issued by the

Administrator

(e) A proposed compliance schedule, including the date when each step toward compliance will be achieved.

(f) Such other information as the Administrator may require.

§ 142.50 Requirements for an Exemption.

The Administrator may exempt any public water system within a State that does not have primary enforcement responsibility 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:

(a) Due to compelling factors (which may include economic factors), the public water system is unable to comply with such contaminant level or treatment technique requirement;

(b) The public water system was in operation on the effective date of such contaminant level or treatment technique requirement; and

(c) The granting of the exemption will not result in an unreasonable risk to health.

§ 142.52 Consideration of an Exemption

Request. (a) The Administrator shall act on any exemption request submitted pursuant to § 142.51 within 90 days of receipt of the request.

(b) In his consideration of whether the public water system is unable to comply due to compelling factors, the Administrator shall consider such factors as the following:

(1) Construction, installation, modification of the treatment equipment or systems.

(2) The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance.

(3) Economic feasibility of compliance.

or

$ 142.51 Exemption Request.

A supplier of water may request the granting of an exemption pursuant to this subpart for a public water system within a State that does not have primary enforcement responsibility by submitting a request for exemption in writing to the Administrator. Suppliers of water may submit a joint request for exemptions when they seek similar exemptions under similar circumstances. Any written request for an exemption or exemptions shall include the following information:

(a) The nature and duration of exemption requested.

(b) Relevant analytical results of water quality sampling of the system, including results of relevant tests conducted pursuant to the requirements of the national primary drinking water regulations.

(c) Explanation of the compelling factors such as time or economic factors which prevent such system from achieving compliance.

(d) Other information, if any, believed by the applicant to be pertinent to the application.

§ 142.53 Disposition of an Exemption Re

quest. (a) If the Administrator decides to deny the application for an exemption, 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 grants an exemption request submitted pursuant to § 142.51, he shall notify the applicant of his decision in writing. Such notice shall identify the facility covered, and shall specify the termination date of the exemption. Such notice shall provide that the exemption will be terminated when the system comes into compliance with the applicable regulation, and may be terminated upon a finding by the Administrator

they may request a public hearing on Tv

rs of sea the proposed schedule. * SELE.isatie: 55. (c) Requests for hearing may be subce EST sa ropose mitted by any interested person other

than a Federal agency. Frivolous or incu

were substantial requests for hearing may There's a seuI 33e: be denied by the Administrator. ReSS *

2222: ete quests must be submitted to the AdLent 20 es que nistrator within 30 days after issunegers e 2196 ance of the public notices provided for

n paragraph (b) of this section. Such teo 3:20. e cele requests shall include the following inWer i X e Tess formation:

? r 2 - 0 (1) The name, address and telephone van Vitist vers 7e El- cumber of the individual, organization

oz other entity requesting a hearing; otevole soireerded (2) A brief statement of the interest on T*22 ice yes of the person making the request in EN:7e e zyrzccc. the proposed schedule and of informaWurtta Suci pour

tion that the requesting person infor his 242

terds to submit at such hearing; and

(3) The signature of the individual A Mile Hearings wa Benpoon

raking the request, or, if the request

S rade on behalf of an organization 1 Besale prepd y or o her entity, the signature of a rethe time 3.33 spersibile official of the organization UV La CX-3.21 or other entity. su prende eRNY id The Administrator shall give for publice 22 actice in the manner set forth in paraいいいいい!! Pad Reeeeek gough (b) of this section of any hearSedielli delle previ ing to be held pursuant to a request MORE THAN WEB seches omitted by an interested person or hacering hud pursu Vece on his own motion. Notice of the hearShall indvävdale che ne hes ing shall also be sent to the person reCancer the Itu

questing the hearing, if any. Notice of Ibi Public Audice ** 22 An the hearing shall include a statement for hearing on an interne of the purpose of the hearing, inforshall be circulaik inter dem mation regarding the time and locasigned to inconnu inteles cer potent

tion for the hearing, and the address Tally interesira pelaut whene par and telephone number of an office at posed sodule, and that inside 30 which interested persons may obtain

further information concerning the D) Posting of a hoci m the princi hearing. At least one hearing location Dal post orice of earn municipality or specified in the public notice shall be ales son veit by the public water within the involved State. Notice of antem, and publishing of a notice in * hearing shall be given not less than 5 newspaper of newspapers of general days prior to the time scheduled for chromation in the area served by the the hearing. publie water system.

(e) A hearing convened pursuant to (a) Malling of a notice to the agency paragraph (d) of this section shall be of the Filmto il which the system is 10- conducted before a hearing officer to cuted which is responsible for the be designated by the Administrator. Plato's water supply program and to The hearing shall be conducted by the

s pointe minie or local agen- hearing officer in an informal, orderly Home Alimentos scretion, and expeditious manner. The hearing

monoton ball include a sum- officer shall have authority to call witw To pomeni mohedule and nesses, receive oral and written testiAll into internatet persons that mony and take such action as may be

least the following:

necessary to assure the fair and efficient conduct of the hearing. Following the conclusion of the hearing, the hearing officer shall forward the record of the hearing to the Administrator.

PART 149-REVIEW OF PROJECTS

AFFECTING THE EDWARDS UNDER-
GROUND RESERVOIR, A DESIG-
NATED SOLE SOURCE AQUIFER IN
THE SAN ANTONIO, TEXAS AREA

Subpart A-General Provisions
Sec.
149.1 Applicability.
149.2 Definitions.

Subpart B-Project Review 149.10 Project review authority. 149.11 Public information. 149.12 Submission of petitions. 149.13 Decision to review. 149.14 Notice of review. 149.15 Request for information. 149.16 Public hearing. 149.17 Decision under section 1424(e). 149.18 Resubmittal of redesigned projects. 149.19 Funding to redesigned projects.

AUTHORITY: Sec. 1424(e), Safe Drinking Water Act (42 U.S.C. 300f, 300h, -3(e)); 80 Stat. 1660 et seq.; Pub. L. 93-523).

SOURCE: 42 FR 51574, Sept. 29, 1977, unless otherwise noted.

Subpart A-General Provisions

§ 142.55 Final Schedule.

(a) Within 30 days after the termination of the public hearing pursuant to $ 142.54, the Administrator shall, taking into consideration information obtained during such hearing, revise the proposed schedule as necessary and prescribe the final schedule for compliance and interim measures for the public water system granted an exemption under § 142.52.

(b) Such schedule shall require compliance by the public water system with each contaminant level and treatment technique requirement prescribed by:

(1) Interim national primary drinking water regulations pursuant to Part 141 of this chapter, by no later than January 1, 1981; and

(2) Revised national primary drinking water regulations pursuant to Part 141 of this chapter, by no later than seven years after the effective date of such regulations.

(c) If the public water system has entered into an enforceable agreement to become a part of a regional public water system, as determined by the Administrator, such schedule shall require compliance by the public water system with each contaminant level and treatment technique requirement prescribed by:

(1) Interim national primary drinking water regulations pursuant to Part 141`of this chapter, by no later than January 1, 1983; and

(2) Revised national primary drinking water regulations pursuant to Part 141 of this chapter, by no later than nine years after the effective date of such regulations.

8 149.1 Applicability.

This part sets forth, pursuant to section 1424(e) and 1450 of the Public Health Service Act, as amended by the Safe Drinking Water Act, Pub. L. 93– 523, regulations relating the Edwards Underground Reservoir which is the sole or principal drinking water source for the San Antonio area and which, if contaminated, would create a significant hazard to public health. $ 149.2 Definitions.

As used in these regulations and except as otherwise specifically provided, the term(s):

(a) “Act” means the Public Health Service Act, as amended by the Safe Drinking Water Act, Pub. L. 93-523.

(b) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.

(c) “Recharge zone” means the area through which water enters the Edwards Underground Reservoir as defined in the December 16, 1975, Notice of Determination.

30-101-79--17

(d) "Administrator" (Regional Ad- Federal agency that a certain written ministrator) means the Administrator agreement constitutes a commitment (Regional Administrator) of the shall be conclusive with respect to the United States Environmental Protec- existence of such a commitment. tion Agency.

(i) “Streamflow source zone" means (e) "Person" means an individual, the upstream headwaters area which corporation, company, association, drains into the recharge zone as departnership. State, or municipality. fined in the December 16, 1975, Notice (f) "Project" means a program or

of Determination. action for which an application for

(j) "Significant hazard to public Federal financial assistance has been health” means any level of contamimade.

nant which causes or may cause the (g) "Federal financial assistance"

aquifer to exceed any maximum con

taminant level set forth in any promeans any financial benefits provided directly as aid to a project by a depart

mulgated National Primary Drinking ment, agency, or instrumentality of

Water Standard at any point where the Federal government in any form

the water may be used for drinking including contracts, grants, and loan

purposes or which may otherwise adguarantees. Actions or programs car

versely affect the health of persons, or ried out by the Federal government

which may require a public water itself such as dredging performed by

system to install additional treatment the Army Corps of Engineers do not

to prevent such adverse effect. involve Federal financial assistance.

(k) "Aquifer" means the Edwards

Underground Reservoir. Actions performed for the Federal government by contractors, such as construction of roads on Federal lands Subpart B-Project Review by a contractor under the supervision of the Bureau of Land Management, § 149.10 Project review authority. should be distinguished from contracts (a) Once an area is designated, no entered into specifically for the pur- subsequent commitments of Federal pose of providing financial assistance, financial assistance may be made to and will not be considered programs or projects which the Administrator deactions receiving Federal financial as- termines may contaminate the aquifer sistance. Federal financial assistance is so as to create a significant hazard to limited to benefits earmarked for a public health. Specific program or action and directly (b) The Regional Administrator is awarded to the program or action. In- hereby delegated the authority and asdirect assistance, e.g., in the form of a signed responsibility for carrying out luan to a developer by a lending insti- the project review process assigned to tution which in turn receives Federal the Administrator under section assistance not specifically related to 1424(e) of the Act, except the final dethe project in question is not Federal termination that a project may confinancial assistance under section taminate the aquifer through its re1424(e),

charge zone so as to create a signifi. (h) “Commitment of Federal finan- cant hazard to public health. clal assistance" means a written agree- (c) The Regional Administrator may iment entered into by a department, review any project which he considers aboney, or instrumentality of the Fed- may potentially contaminate the eral Government to provide financial aquifer through its recharge zone so dosistance as defined in paragraph (g) as to create a significant hazard to of this section. Renewal of a commit public health. Tent which the issuing agency determbia las lapsed shall not constitute a

$ 149.11 Public information. 1. W commitment unless the Regional After the area is designated under Administrator determines that the section 1424(e), Federal agencies, for puject's impact on the aquiter has not projects, located in the recharge zone been previously reviewed under see and streamflow source zones, are retund 142410 The determination of a quired to:

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