[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: 40CFR142.304]

[Page 674]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
                  Subpart K_Variances for Small System
 
Sec. 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.

    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.