UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     GUIDANCE FROM HOTLINE COMPENDIUM

                                                                              WSGH22

SUBJECT:   Variances and Administrative Orders

SOURCE:    Betsy Devlin

Section 1415 of the Safe Drinking Water Act provides for issuing variances. Section
1415(A)(1)(A) states that "A variance may only be issued to a system after the system's
application of the best technology, treatment techniques, or other means, which the Administrator
finds are available (taking costs into consideration)."  If a system operates in exceedance of an
MCL and the State issues an Administrative Order (AO) requiring the system to comply with the
MCL according to a compliance schedule, is it also necessary for the State to issue a variance?
Or, may the State issue a variance after the system has applied the best available technology and
still cannot meet  the MCL?

       Response:

       The Agency has promulgated regulations to revise the existing regulations regarding
       SDWA variances and exemptions.  The rule is effective September 14, 1998  and includes
       procedures and conditions under which a primacy State/Tribe or the EPA Administrator
       may issue small system variances or exemptions.
       The Act provides for variances for two distinct situations:
       (1) General Variances—Given on the condition that systems install the best available
       technology (BAT) in spite of the fact that due to source water even BAT will not get full
       compliance.
       (2) Small Systems Variances—Available if EPA has listed a variance technology and if
       the state determines that the system cannot afford to comply through other means.  It is
       required that the system install and operate the variance technology.  Also, terms and
       conditions must be protective of human health.

       As provided under the Act, under certain conditions, variances are available to public
       water systems that cannot (due to source water quality, or, in the case of small systems,
       affordability) comply with the national primary drinking  water standards. Variances
       generally  allow a system to provide drinking water that may be above the maximum
       contaminant level on the condition that the quality of the drinking water is still protective
       of public  health. In the case of small system variances, the duration of the variance
       generally  coincides with the life of the technology. An exemption, on the other hand, is
       intended to allow a system with compelling circumstances an extension of time before the
       system must comply with applicable Safe Drinking Water Act requirements.  An
       exemption is limited to three years after the otherwise applicable compliance date,
       although extensions up to a total of six additional years may be available to small systems
       under certain conditions.

-------