40 CFR § 142.302 - Who can issue a small system variance?

---
identifier: "/us/cfr/t40/s142.302"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 142.302 - Who can issue a small system variance?"
title_number: 40
title_name: "Protection of Environment"
section_number: "142.302"
section_name: "Who can issue a small system variance?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "142"
part_name: "NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "41 FR 2918, Jan. 20, 1976, unless otherwise noted."
cfr_part: "142"
---


# 142.302 Who can issue a small system variance?

A small system variance under this subpart may only be issued by either:

(a) A State that is exercising primary enforcement responsibility under Subpart B for public water systems under the State's jurisdiction; or

(b) The Administrator, for a public water system in a State which does not have primary enforcement responsibility.