.03-1 Variances and Exemptions for Synthetic Organic Chemicals.

A. In addition to the procedures prescribed in Regulations .03 and .04 of this chapter, variances and exemptions from the maximum contaminant levels for synthetic organic chemicals may be granted by the Approving Authority if the requirements set forth below in §A(1)—(4), and in §§B and C of this regulation are met:

(1) Except as provided in §A(2) of this regulation, a supplier of water is eligible for a variance only if the supplier:

(a) Installs packed tower aeration or granular activated carbon (except for vinyl chloride); and

(b) Demonstrates that despite using and effectively operating the above treatment method, the system still cannot meet the MCL.

(2) If a supplier of water can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in §A(1) of this regulation would only achieve a negligible reduction in contaminants, the Approving Authority may issue a schedule of compliance that requires the supplier of water being granted the variance to examine other treatment methods as a condition of obtaining the variance.

(3) If the Approving Authority determines that a treatment method identified in §A(2) of this regulation is technically feasible, the Approving Authority may require the supplier of water to install or use, or both, that treatment method in connection with a compliance schedule issued under the provisions of Regulation .03 of this chapter. The Approving Authority's determination shall be based upon studies by the supplier of water and other relevant information.

(4) The Approving Authority may require a supplier of water to use bottled water or a point-of-use device, or other means as a condition of granting a variance or an exemption from the requirements of Regulation .07D of this chapter, to avoid an unreasonable risk to health.

B. Suppliers of water using bottled water as a condition for receiving a variance or an exemption from the requirements of Regulation .07D of this chapter shall:

(1) Provide sufficient quantities of bottled water to each person supplied by the public water system;

(2) Deliver bottled water door-to-door; and

(3) Meet the requirements of either §B(3)(a)—(c) or (d)—(e), of this regulation:

(a) Develop, obtain approval from the Approving Authority for, and put in place a monitoring program that provides reasonable assurances that the bottled water meets all MCLs;

(b) Monitor a representative sample of the bottled water for all contaminants regulated under Regulation .07D of this chapter the first quarter that it supplies the bottled water to the public, and annually after that;

(c) Provide on an annual basis the results of the monitoring to the Approving Authority;

(d) Obtain from the bottled water company certification that the:

(i) Bottled water supplied has been taken from an approved source as defined in 21 CFR § 129.3(a);

(ii) Bottled water company has conducted monitoring in accordance with 21 CFR § 129.80(g)(1)—(3); and

(iii) Bottled water does not exceed any MCLs or quality limits set in 21 CFR § 103.35, 110, and 129;

(e) Provide the required certification in §B(3)(d) to the Approving Authority the first quarter after it supplies bottled water, and annually after that.

C. Suppliers of water using point-of-use devices as a condition for obtaining a variance or an exemption from MCLs for volatile organic compounds shall meet the following requirements:

(1) Apply the technology under a plan approved by the Approving Authority, which includes all of the following:

(a) Includes results from field testing the device to be employed.

(b) Provides certification that the device in §C(1)(a), of this regulation, will achieve the desired performance.

(c) Describes a monitoring schedule that addresses the parameters to be measured, frequency, and location. The monitoring plan shall be adequate to ensure that the microbiological safety of the water is not compromised and that it provides health protection equivalent to a monitoring plan for central water treatment.

(d) Addresses the tendency for an increase in heterotrophic bacteria concentration in water treated with activated carbon, if it will be used in the treatment devices.

(2) Install, operate, and maintain a point-of-use device for each building connected to the system.

(3) Provide monthly operating reports to the Approving Authority in a format specified by the Approving Authority.

(4) Maintain the microbiological safety of the water.

(5) Provide the Approving Authority with all the information it will need to determine that the:

(a) Conditions of this section will be met; and

(b) Supplier of water has taken the necessary measures so that the rights and responsibilities of the public water system customer convey with title upon sale of property.