Page:United States Statutes at Large Volume 110 Part 2.djvu/851

 PUBLIC LAW 104-182—AUG. 6, 1996 110 STAT. 1643 "(ii) requirements for the installation and proper operation of variance technology that is identified (pursuant to section 1412(b)(15)) for small systems and the financial and technical capability to operate the treatment system, including operator training and certification; "(iii) eligibility criteria for a variance for each national primary drinking water regulation, including requirements for the quality of the source water (pursuant to section 1412(b)(15)(A)); and "(iv) information requirements for variance applications. "(B) AFFORDABILITY CRITERIA. — Not later than 18 Publication. months after the date of enactment of the Safe Drinking Water Act Amendments of 1996, the Administrator, in consultation with the States and the Rural Utilities Service of the Department of Agriculture, shall publish information to assist the States in developing affordability criteria. The affordability criteria shall be reviewed by the States Review, not less often than every 5 years to determine if changes are needed to the criteria. "(8) REVIEW BY THE ADMINISTRATOR. — "(A) IN GENERAL. — The Administrator shall periodically review the program of each State that has primary enforcement responsibility for public water systems under section 1413 with respect to variances to determine whether the variances granted by the State comply with the requirements of this subsection. With respect to affordability, the determination of the Administrator shall be limited to whether the variances granted by the State comply with the affordability criteria developed by the State. " (B) NOTICE AND PUBLICATION. —I f the Administrator determines that variances granted by a State are not in compliance with affordability criteria developed by the State and the requirements of this subsection, the Administrator shall notify the State in writing of the deficiencies and make public the determination. "(9) APPROVAL OF VARLVNCES.^A State proposing to grant a variance under this subsection to a public water system serving more than 3,300 and fewer than 10,000 persons shall submit the variance to the Administrator for review and approval prior to the issuance of the vari£ince. The Administrator shall approve the variance if it meets each of the requirements of this subsection. The Administrator shall approve or disapprove the variance within 90 days. If the Administrator Notification. disapproves a variance under this paragraph, the Administrator shall notify the State in writing of the reasons for disapproval and the variance may be resubmitted with modifications to address the objections stated by the Administrator. " (10) OBJECTIONS TO VARIANCES.— "(A) BY THE ADMINISTRATOR.— The Administrator may review and object to any variance proposed to be granted by a State, if the objection is communicated to the State not later than 90 days after the State proposes to grant the variance. If the Administrator objects to the granting Notification. of a variance, the Administrator shall notify the State in writing of each basis for the objection and propose a

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