§ 142.304. For which of the regulatory requirements is a small system variance available?.

Code of Federal Regulations

Title 40. Protection of Environment

Chapter I. ENVIRONMENTAL PROTECTION AGENCY

Subchapter D. WATER PROGRAMS

Part 142. NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION

Subpart K. VARIANCES FOR SMALL SYSTEM

GENERAL PROVISIONS

Current through July 3, 2019

§ 142.304. For which of the regulatory requirements is a small system variance available?

(a) A small system variance is not available under this subpart for a national primary drinking water regulation for a microbial contaminant (including a bacterium, virus, or other organism) or an indicator or treatment technique for a microbial contaminant.
(b) A small system variance under this subpart is otherwise only available for compliance with a requirement specifying a maximum contaminant level or treatment technique for a contaminant with respect to which;
(1) a national primary drinking water regulation was promulgated on or after January 1, 1986; and
(2) the Administrator has published a small system variance technology pursuant to Section 1412(b)(15) of the Act.

Cite as 40 C.F.R. § 142.304

Note:

TO PARAGRAPH ( b )(1): Small system variances are not available for public water systems above the pre-1986 maximum contaminant level even if subsequently revised. If the Agency revises a pre-1986 maximum contaminant level and makes it more stringent, then a variance would be available for that contaminant, but only up to the pre-1986 maximum contaminant level.