part_subject: "NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION"
subpart_code: "E"
subpart_subject: "Variances Issued by the Administrator Under Section 1415(a) of the Act"
section_number: "142.40"
section_subject: "Requirements for a variance."
cfr_reference: "40 CFR 142.40"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 136 to 149"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)The Administrator may grant one or more variances to any public water system within a State that does not have primary enforcement responsibility from any requirement respecting a maximum contaminant level of an applicable national primary drinking water regulation upon a finding that:
(1)Because of characteristics of the raw water sources which are reasonably available to the system, the system cannot meet the requirements respecting the maximum contaminant levels of such drinking water regulations despite application of the best technology, treatment techniques, or other means, which the Administrator finds are generally available (taking costs into consideration); and
(2)The granting of a variance will not result in an unreasonable risk to the health of persons served by the system.
(b)The Administrator may grant one or more variances to any public water system within a State that does not have primary enforcement responsibility from any requirement of a specified treatment technique of an applicable national primary drinking water regulation upon a finding that the public water system applying for the variance has demonstrated that such treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such system.