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17.38.244    VARIANCES AND EXEMPTIONS

(1) The board hereby adopts and incorporates by reference the following:

(a) 40 CFR 141.4(a) , which sets forth general requirements for variances and exemptions;

(b) 40 CFR Part 142, Subpart E, which sets forth requirements for variances, except that the department has the same authority as the EPA administrator has in a state that does not have primary enforcement responsibility for enforcement of the SDWA;

(c) 40 CFR Part 142, Subpart F, which sets forth requirements for the issuance of exemptions, except that the department has the same authority as the EPA administrator has in a state that does not have primary enforcement responsibility for enforcement of the SDWA;

(d) 40 CFR Part 142, Subpart G, which sets forth the identification of best technologies, treatment techniques, or other means generally available; and

(e) CFR Part 142, Subpart K, which sets forth the requirements for variances for small public water supply systems.

History: 75-6-103, MCA; IMP, 75-6-103, 75-6-107, MCA, NEW, 1991 MAR p. 1492, Eff. 8/16/91; AMD, 1994 MAR p. 2131, Eff. 8/12/94; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1998 MAR p. 1167, Eff. 5/1/98; AMD, 2000 MAR p. 3400, Eff. 12/08/00.

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