Variances and Exemptions

The Safe Drinking Water Act provides states or EPA the authority to grant variances that allow public water systems to use less costly technology, and exemptions to allow public water systems more time to comply with a new drinking water regulation.

• Variances allow eligible systems to provide drinking water that does not comply with a National Primary Drinking Water Regulation (NPDWR) on the condition that the system installs a certain technology and the quality of the drinking water is still protective of public health.
  
  
  • There are two types of variances:
    1. General variances are intended for systems that are not able to comply with a NPDWR due to their source water quality.
       
       
    2. Small system variances are intended for systems serving 3,300 persons or fewer that cannot afford to comply with a NPDWR, but they may be allowed for systems serving up to 10,000 persons.
       
       
• Exemptions allow eligible systems additional time to build capacity in order to achieve and maintain regulatory compliance with newly promulgated NPDWRs, while continuing to provide acceptable levels of public health protection. Exemptions do not release a water system from complying with NPDWRs. Rather, they allow water systems additional time to comply with NPDWRs.

General Information

• Variances and Exemptions: A Quick Reference Guide (PDF) (4 pp, 112 K)
  EPA 816-F-04-005
  (For more quick reference guides see the quick reference guide web page.)
  
  
• Small Drinking Water Systems Variances – summarizes regulations issued in 1998 that codify provisions of the Safe Drinking Water Act, as amended in 1996, dealing with “general” variances available to all sizes of public water systems; implement new small system variances for water suppliers that serve fewer than 10,000 people; and implement changes related to exemptions.

Federal Register Notices

• Announcement of Small System Compliance Technology Lists for Existing National Primary Drinking Water Regulations and Findings Concerning Variance Technologies (Federal Register: August 6, 1998 (Volume 63, Number 151)

•  Revision of Existing Variance and Exemption Regulations To Comply With Requirements of the Safe Drinking Water Act  August 14, 1998 (Volume 63, Number 157) 

Public Input Historical Documents

• Public Meeting on Variances and Exemptions, Executive Summary (PDF) (2pp, 16K)
  (September 16, 1997, Washington, DC)
  
  
• Stakeholder Meeting on Variances and Exemptions, Executive Summary (PDF) (3pp, 19K)
  (September 30, 1997, Indianapolis, IN)
  
  
• Environmental and Consumers Stakeholder Meeting Executive Summary (PDF) (3pp, 23K)
  (October 24, 1997, Washington, DC)