[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: 40CFR142.42]

[Page 658]
 
                   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. 142.42  Consideration of a variance request.

    (a) The Administrator shall act on any variance request submitted 
pursuant to Sec. 142.41 within 90 days of receipt of the request.
    (b) In his consideration of whether the public water system is 
unable to comply with a contaminant level required by the national 
primary drinking water regulations because of the nature of the raw 
water source, the Administrator shall consider such factors as the 
following:
    (1) The availability and effectiveness of treatment methods for the 
contaminant for which the variance is requested.
    (2) Cost and other economic considerations such as implementing 
treatment, improving the quality of the source water or using an 
alternate source.
    (c) A variance may be issued to a public water system on the 
condition that the public water system install the best technology, 
treatment techniques, or other means, which the Administrator finds are 
available (taking costs into consideration) and based upon an evaluation 
satisfactory to the Administrator that indicates that alternative 
sources of water are not reasonably available to the public water 
system.
    (d) In his consideration of whether a public water system should be 
granted a variance to a required treatment technique because such 
treatment is unnecessary to protect the public health, the Administrator 
shall consider such factors as the following:
    (1) Quality of the water source including water quality data and 
pertinent sources of pollution.
    (2) Source protection measures employed by the public water system.

[41 FR 2918, Jan. 20, 1976, as amended at 52 FR 20675, June 2, 1987; 63 
FR 43847, Aug. 14, 1998]