Page:United States Statutes at Large Volume 110 Part 2.djvu/849

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PUBLIC LAW 104-182—AUG. 6, 1996 110 STAT. 1641 (b) BOTTLED WATER STUDY.— Not later than 18 months after Publication. the date of enactment of this Act, the Administrator of the Food 21 USC 349 note. and Drug Administration, in consultation with the Administrator of the Environmental Protection Agency, shall publish for public notice and comment a draft study on the feasibility of appropriate methods, if any, of informing customers of the contents of bottled water. The Administrator of the Food and Drug Administration shall publish a final study not later than 30 months after the date of enactment of this Act. SEC. 115. VARIANCES. The second sentence of section 1415(a)(1)(A) (42 U.S.C. 300g - 4(a)(1)(A)) is amended— (1) by striking "only be issued to a system after the system's application of and inserting "be issued to a system on condition that the system install"; and (2) by inserting before the period at the end the following: ", and based upon an evaluation satisfactory to the State that indicates that alternative sources of water are not reasonably available to the system". SEC. 116. SMALL SYSTEMS VARIANCES. Section 1415 (42 U.S.C. 300g-4) is amended by adding at the end the following: " (e) SMALL SYSTEM VARIANCES.— "(1) IN GENERAL.—A State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator in nonprimacy States) may grant a variance under this subsection for compliance with a requirement specifying a maximum contaminant level or treatment technique contained in a national primary drinking water regulation to— "(A) public water systems serving 3,300 or fewer persons; and "(B) with the approval of the Administrator pursuant to paragraph (9), public water systems serving more than 3,300 persons but fewer than 10,000 persons, if the variance meets each requirement of this subsection. "(2) AVAILABILITY OF VARIANCES. — A public water system may receive a variance pursuant to paragraph (1), if— "(A) the Administrator has identified a variance technology under section 1412(b)(15) that is applicable to the size and source water quality conditions of the public water system; "(B) the public water system installs, operates, and maintains, in accordance with guidance or regulations issued by the Administrator, such treatment technology, treatment technique, or other means; and "(C) the State in which the system is located determines that the conditions of paragraph (3) are met. " (3) CONDITIONS FOR GRANTING VARIANCES.^A variance under this subsection shall be available only to a system— "(A) that cannot afford to comply, in accordance with affordability criteria established by the Administrator (or the State in the case of a State that has primary enforcement responsibility under section 1413), with a national primary drinking water regulation, including compliance through— "(i) treatment;