[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: 40CFR142.306]

[Page 674-675]
 
                   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. 142.306  What are the responsibilities of the public water system, State 

and the Administrator in ensuring that sufficient information is available and 

for evaluation of a small system variance application?

    (a) A public water system requesting a small system variance must 
provide accurate and correct information to the State or the 
Administrator to issue a small system variance in accordance with this 
subpart. A State may assist a public water system in compiling 
information required for the State or the Administrator to issue a small 
system variance in accordance with this subpart.
    (b) Based upon an application for a small system variance and other 
information, and before a small system variance may be proposed under 
this subpart, the State or the Administrator must find and document the 
following:
    (1) The public water system is eligible for a small system variance 
pursuant to Sec. Sec. 142.303 (i.e., the system serves a population of 
fewer than 10,000 persons) and 142.304 (i.e., the contaminant for which 
the small system variance is sought is not excluded from variance 
eligibility);
    (2) The public water system cannot afford to comply, in accordance 
with the affordability criteria established by the State (or by the 
Administrator in States which do not have primary enforcement 
responsibility), with the national primary drinking water regulation for 
which a small system variance is sought, including by:
    (i) Treatment;
    (ii) Alternative sources of water supply;
    (iii) Restructuring or consolidation changes, including ownership 
change and/or physical consolidation with another public water system; 
or

[[Page 675]]

    (iv) Obtaining financial assistance pursuant to Section 1452 of the 
Act or any other Federal or State program;
    (3) The public water system meets the source water quality 
requirements for installing the small system variance technology 
developed pursuant to guidance published under section 1412(b)(15) of 
the Act;
    (4) The public water system is financially and technically capable 
of installing, operating and maintaining the applicable small system 
variance technology; and
    (5) The terms and conditions of the small system variance, as 
developed through compliance with Sec. 142.307, ensure adequate 
protection of human health, considering the following:
    (i) The quality of the source water for the public water system; and
    (ii) Removal efficiencies and expected useful life of the small 
system variance technology.