850 



Administrator of all variances granted by it. Such 

 notification shall contain the reason for the vari- 

 ance (and in the case of a variance under sub- 

 paragraph (A) , the basis for the finding required 

 by that subparagraph before the granting of the 

 variance) and documentation of the need for the 

 variance. 



(D) Each public water system's variance 

 granted by a State under subparagraph (A) shall 

 be conditioned by the State upon compliance by 

 the public water system with the schedule pre- 

 scribed by the State pursuant to that subpara- 

 graph. The requirements of each schedule pre- 

 scribed by a State pursuant to that subparagraph 

 shall be enforceable by the State under its laws. 

 Any requirement of a schedule on which a variance 

 granted under that subparagraph is conditioned 

 may be enforced under section 300g-3 of this title 

 as if such requirement was part of a national 

 primary drinking water regulation. 



(E) Each schedule prescribed by a State pursu- 

 ant to subparagraph (A) shall be deemed ap- 

 proved by the Administrator unless the variance 

 for which it was prescribed is revoked by the Ad- 

 ministrator under subparagraph (G) or the sched- 

 ule is revised by the Administrator under such 

 subparagraph. 



(F) Not later than 18 months after the effective 

 date of the interim national primary drinking 

 water regulations the Administrator shall com- 

 plete a comprehensive review of the variances 

 granted under subparagraph (A) (and schedules 

 prescribed pursuant thereto) and under subpara- 

 graph (B> by the States during the one-year pe- 

 riod beginning on such effective date. The Admin- 

 istrator shall conduct such subsequent reviews of 

 variances and schedules as he deems necessary to 

 carry out the purposes of this subchapter, but each 

 subsequent review shall be completed within each 

 3-year period following the completion of the first 

 review under this subparagraph. Before conduct- 

 ing any review under this subparagraph, the Ad- 

 ministrator shall publish notice of the prop)osed 

 review in the Federal Register. Such notice shall 

 (1> provide information respecting the location of 

 data and other information respecting the vari- 

 ances to be reviewed (including data and other in- 

 formation concerning new scientific matters bear- 

 ing on such variances), and (ii) advise of the op- 

 portunity to submit comments on the variances 

 reviewed and on the need for continuing them. 

 Upon completion of any such review, the Adminis- 

 trator shall publish in the Federal Register the 

 results of his review together with findings respon- 

 sive to comments submitted in connection with 

 such review. 



(O) (1) If the Administrator finds that a State 

 has, in a substantial numt)er of instances, abused 

 its discretion in granting variances under subpara- 

 graph (A) or (B) or that in a substantial num- 

 ber of cases the State has failed to prescribe 

 schedules in accordance with subparagraph (A), 

 the Administrator shall notify the State of his 

 findings. In determining if a State has abused 



its discretion in granting variances in a substan- 

 tial number of instances, the Administrator shall 

 consider the number of persons who are affected 

 by the variances and if the requirements appli- 

 cable to the granting of the variances were com- 

 plied with. A notice under this clause shall — 



(I) Identify each public water system with re- 

 spect to which the finding was made, 



(II) specify the reasons for the finding, and 

 (ni) as appropriate, propose revocations of 



specific variances or propose revised schedules 

 or other requirements for specific public water 

 systems granted variances, or both, 

 (li) The Administrator shall provide reasonable 

 notice and public hearing on the provisions of each 

 notice given pursuant to clause (1) of this subpara- 

 graph. After a hearing on a notice pursuant to 

 such clause, the Administrator shall (I) rescind 

 the finding for which the notice was given and 

 promptly notify the State of such rescission, or 

 (II) promulgate (with such modifications as he 

 deems appropriate) such variance revocations and 

 revised schedules or other requirements proposed 

 In such notice as he deems Eippropriate. Not later 

 than 180 days after the date a notice is given 

 pursuant to clause (i) of this subparagraph, the 

 Administrator shall complete the hearing on the 

 notice and take the action required by the preced- 

 ing sentence. 



(iii) If a State is notified under clause (1) of 

 this subparagraph of a finding of the Administra- 

 tor made with respect to a variance granted a 

 public water system within that State or to a 

 schedule or other requirement for a variance and 

 if, before a revocation of such variance or a re- 

 vision of such schedule or other requirement pro- 

 mulgated by the Administrator takes effect, the 

 State takes corrective action with respect to such 

 variance or schedule or other requirement which 

 the Administrator determines makes his finding 

 inapplicable to such variance or schedule or other 

 requirement, the Administrator shall rescind the 

 application of his finding to that variance on 

 schedule or other requirement. No variance revo- 

 cation or revised schedule or other requirement 

 may take effect before the expiration of 90 days 

 following the date of the notice in which the revo- 

 cation or revised schedule or other requirement 

 was proposed. 



(2) If a State does not have primary enforce- 

 ment responsibility for public water systems, the 

 Administrator shall have the same authority to 

 grant variances in such State as the State would 

 have under paragraph (1) if it had primary en- 

 forcement responsibility. 



(3) The Administrator may grant a variance 

 from any treatment technique requirement of a 

 national primary drinking water regulation upon 

 a showing by any person that an alternative treat- 

 ment technique not included in such requirement 

 is at least as efficient in lowering the level of the 

 contaminant with respect to which such require- 

 ment was prescribed. A variance under this para- 

 graph shall be conditioned on the use of the alter- 



