---
kind: "section"
citation: "40 C.F.R. § 142.41"
title: "40"
number: "142.41"
heading: "Variance request."
url: "https://uscodex.org/cfr/40/142.41"
---

# §142.41. Variance request.


A supplier of water may request the granting of a variance pursuant to this subpart for a public water system within a State that does not have primary enforcement responsibility by submitting a request for a variance in writing to the Administrator. Suppliers of water may submit a joint request for variances when they seek similar variances under similar circumstances. Any written request for a variance or variances shall include the following information:

- (a) **The nature and duration of variance requested.**
- (b) Relevant analytical results of water quality sampling of the system, including results of relevant tests conducted pursuant to the requirements of the national primary drinking water regulations.
- (c) For any request made under [§ 142.40(a)](/cfr/40/142.40.md?p=a):
  - (1) **Explanation in full and evidence of the best available treatment technology and techniques.**
  - (2) **Economic and legal factors relevant to ability to comply.**
  - (3) **Analytical results of raw water quality relevant to the variance request.**
  - (4) A proposed compliance schedule, including the date each step toward compliance will be achieved. Such schedule shall include as a minimum the following dates:
    - (i) Date by which arrangement for alternative raw water source or improvement of existing raw water source will be completed.
    - (ii) Date of initiation of the connection of the alternative raw water source or improvement of existing raw water source.
    - (iii) **Date by which final compliance is to be achieved.**
  - (5) A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested.
  - (6) **A plan for additional interim control measures during the effective period of variance.**
- (d) For any request made under [§ 142.40(b)](/cfr/40/142.40.md?p=b), a statement that the system will perform monitoring and other reasonable requirements prescribed by the Administrator as a condition to the variance.
- (e) **Other information, if any, believed to be pertinent by the applicant.**
- (f) Such other information as the Administrator may require.

## Notes

### Amendments

[41 FR 2918, Jan. 20, 1976, as amended at 52 FR 20675, June 2, 1987]

### Authority

Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.

### Source

Source: 41 FR 2918, Jan. 20, 1976, unless otherwise noted.

### Amendments

[41 FR 2918, Jan. 20, 1976, as amended at 52 FR 20675, June 2, 1987]