MEMORANDUM
Subject:
Consultation
with
Administrators
of
State
Drinking
Water
Programs
in
Developing
the
Options
for
Revising
the
Affordability
Methodology
From:
Dan
Olson
TAB
Thru:
Eric
Burneson
Chief,
TAB
To:
Record
SDWA
section
1412(
b)(
15)(
A)
requires
"
consultation
with
the
States"
by
EPA
in
its
determination
that
variance
technologies
are
available
and
affordable.
On
December
5,
2005
EPA
consulted
with
drinking
water
administrators
from
seven
States
regarding
the
options
under
consideration
for
revisions
to
the
methodology
for
evaluating
the
affordability
of
new
drinking
water
standard
and
determining
if
variance
technologies
are
protective
of
public
health.
State
representatives
consulted
include:
Brad
Addison
(
Georgia),
Nancy
Beardsley
(
Maine),
Van
Hoofnagle
(
Florida),
Saied
Kasrai
(
Maryland),
Dave
Leland
(
Oregon),
and
Jay
Rutherford
(
Vermont),
and
Bill
Wong
(
Hawaii).
State
administrators
expressed
concern
that
implementation
of
the
EPA
options
under
consideration
would
result
in
a
two
level
standard;
one
standard
for
small
systems
that
cannot
afford
compliance,
and
another
more
stringent
standard
for
all
other
systems.
A
State
administrator
envisioned
the
possibility
of
two
systems
"
across
the
street"
from
one
another
with
different
standards
and
noted
the
risk
communication
challenge
that
such
a
situation
would
pose.
States
expressed
concern
that
reviewing
and
issuing
small
system
variances
for
future
regulations
will
place
additional
demands
upon
their
already
limited,
and
in
many
cases
decreasing,
State
drinking
water
program
resources.
If
a
State
chooses
to
include
small
system
variances
in
its
drinking
water
program,
SDWA
Section
1415(
e)(
3)
requires
the
State
to
determine
that
a
system
on
a
case
by
case
basis,
cannot
afford
to
comply
and
that
the
terms
of
a
variance
will
ensure
adequate
protection
of
public
health
before
it
may
grant
a
variance.
SDWA
Section
1415(
e)(
7)
requires
notification
of
customers,
and
a
public
hearing
before
granting
a
variance.
States
agreed
with
the
conclusion
of
the
National
Drinking
Water
Advisory
Committee
(
NDWAC)
report
(
Recommendations
of
the
National
Drinking
Water
Advisory
Council
to
U.
S.
EPA
on
Its
National
Small
Systems
Affordability
Criteria,
found
in
the
EPA
Docket)
that
alternatives
to
the
variance
process,
including
cooperative
strategies
(
e.
g.,
State
leadership
to
promote
cooperation
among
small
systems),
and
targeted
use
of
funding
to
disadvantaged
water
systems
(
e.
g.,
supporting
individual
households
with
a
LIWAP
funded
through
Congressional
appropriation)
are
more
appropriate
means
to
address
affordability
issues
associated
with
small
public
water
systems
that
cannot
afford
to
comply
with
a
NPDWR.
States
also
believe
that
EPA
should
consider
NDWAC's
recommendation
of
an
incremental
affordability
threshold
of
one
percent
of
median
household
incomes
among
small
systems
(
approximately
$
400
per
year).
