849 



water systems throughout such State meet such 

 secondary regulations, he shall so notify the State. 



(e) State authority to adopt or enforce laws or regula- 

 tions respecting drinking water regulations or pub- 

 lic water systems unaffected. 



Nothing in this subchapter shall diminish any 

 authority of a State or political subdivision to adopt 

 or enforce any law or regulation respecting drinking 

 water regulations or public water systems, but no 

 such law or regulation shall relieve any person of 

 any requirement otherwise applicable under this 

 subchapter. 



(f) Notice and public hearing; availability of recom- 

 mendations transmitted to State and public water 

 sys'em. 



If the Administrator makes a finding of noncom- 

 pliance (described in subparagraph (A) or (B) of 

 subsection (a) (1) of this section) with respect to a 

 public water system in a State which has primary 

 enforcement responsibility, the Administrator may, 

 for the purpose of assisting that State in carrying 

 out such responsibility and upon the petition of such 

 State or public water system or persons served by 

 such system, hold, after appropriate notice, public 

 hearings for the purpose of gathering information 

 from technical or other exi^erts. Federal, State, or 

 other public officials, representatives of such public 

 water system, persons served by such system, and 

 other Interested persons on — 



(1) the ways in which such system can within 

 the earliest feasible time be brought Into com- 

 pliance with the regulation or requirement with 

 respect to which such finding was made, and 



(2) the means for the maximum feasible pro- 

 tection of the public health during any period in 

 which such system is not in compliance with a 

 national primary drinking water regulation or re- 

 quirement applicable to a variance or exemption. 



On the basis of such hearings the Administrator 

 shall issue recommendations which shall be sent to 

 such State and public water system and shall be 

 made available to the public and commimications 

 media. (July 1, 1944, ch. 373, title XIV, § 1414, as 

 added Dec. 16, 1974, Pub. L. 93-523, § 2(a), 88 Stat. 

 1666.) 



§ 300g-4. Variances. 



(a) Characteristics of raw water sources; specific 

 treatment technique; notice to Administrator, 

 reasons for variance; compliance, enforcement; 

 approval or revision of schedules and revocation 

 of variances; review of variances and schedules; 

 publication in Federal Register, notice and results 

 of review; notice to State; considerations respect- 

 ing abuse of discretion in granting variances or 

 failing to prescribe schedules; State corrective 

 action; authority of Administrator in a State 

 without primary enforcement responsibility; alter- 

 native treatment techniques. 

 Notwithstanding any other provision of this part, 

 variances from national primary drinking water 

 regulations may be granted as follows : 



(1) (A) A State which has primary enforcement 

 respwnslbility for public water systems may grant 

 one or more variances from axi applicable national 

 primary drinking water regulation to one or more 



public water systems within its jurisdiction which; 

 because of characteristics of the raw water sources 

 which are reasonably available to the systems, 

 cannot meet the requirements respecting the max- 

 imum contaminant levels of such drinking water 

 regulation despite application of the best tech- 

 nology, treatment techniques, or other means, 

 which the Administrator finds are generally avail- 

 able (taking costs into consideration) . Before a 

 State may grant a variance under this subpara- 

 graph, the State must find that the variance will 

 not result in an unreasonable risk to health. If a 

 State grants a public water system a variance 

 under this subparagraph, the State shall prescribe 

 within one year of the date the variance Is granted, 

 a schedule for — 



(1) compliance (including Increments of prog- 

 ress) by the public water system with each 

 containment level requirement with respect to 

 which the variance was granted, and 



(ii) implementation by the public water sys- 

 tem of such control measures as the State may 

 require for each contaminant, subject to such 

 contaminant level requirement, during the pe- 

 riod ending on the date compliance with such 

 requirement is required. 

 Before a schedule prescribed by a State pursuant 

 to this .subparagraph may take effect, the State 

 shall provide notice and opportunity for a public 

 hearing on the schedule. A notice given pursuant 

 to the preceding sentence may cover the prescrib- 

 ing of more than one such schedule and a hearing 

 held pursuant to such notice shall include each 

 of the schedules covered by the notice. A schedule 

 prescribed pursuant to this subparagraph for a 

 public water system granted a variance shall re- 

 quire compliance by the system with each con- 

 taminant level requirement with respect to which 

 the variance was granted as expeditiously as prac- 

 ticable (as the State may reasonably determine). 



(B) A State which has primary enforcement 

 responsibility for public water systems may grant 

 to one or more public water systems within Its 

 jurisdiction one or more variances from any pro- 

 vision of a national primary drinking water regu- 

 lation which requires the use of a specified treat- 

 ment technique with respect to a contaminant if 

 the public water system applying for the variance 

 demonstrates to the satisfaction of the State that 

 such treatment technique is not necessary to pro- 

 tect the health of persons because of the nature 

 of the raw water source of such system. A variance 

 granted under this subparagraph shall be condi- 

 tioned on such monitoring and other requirements 

 as the Administrator may prescribe. 



(C) Before a variance proposed to be granted 

 by a State under subparagraph (A) or (B) may 

 take effect, such State shall provide notice and 

 oppKsrtunity for public hearing on the proposed 

 variance. A notice given pursuant to the preceding 

 sentence may cover the granting of more than 

 one variance and a hearing held pursuant to such 

 notice shall Include each of the variances covered 

 by the notice. The State shall promptly notify the 



