[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.40]

[Page 657]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
Subpart E_Variances Issued by the Administrator Under Section 1415(a) of 
 
Sec. 142.40  Requirements for a variance.

                                 the Act


    (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.