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Small Business Regulatory Review and Reform Initiative

Regulatory Review and Reform (r3) Top 10 Rules, 2008

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Flexibility for Community Drinking Water Systems
Agency Environmental Protection Agency (EPA)
Submitter National Rural Water Association
Nominated February 28, 2008
Description The 1996 Amendments to the Safe Drinking Water Act established a process to allow small drinking water systems that cannot meet EPA’s national drinking water standards to meet an alternative standard. Under 40 CFR§142.303(a) and (b), the drinking water system must demonstrate that the alternative standard is protective of human health and is necessary to avoid financial hardship for the community where the system is located, and that the state regulatory agency agrees with the alternative standard. EPA considers a community’s ability to pay when it determines how much a small system must spend to meet the national standards.
Small entities affected Tens of thousands of small, often rural communities with limited resources to install and operate the treatment equipment.
Regulatory burden No small drinking water system has ever qualified to obtain an affordability variance. Small systems are currently required to spend up to $500 per household to meet the national standards, a severe strain in many localities. These communities may also be forced to spend large sums of money to address trace contaminants, such as iron, that have very little potential for serious health impacts.
Proposed burden reduction EPA should consider alternative methods for determining affordability, including using different percentages of median household income in the community. If a system’s cost exceeds a community’s ability to pay, the standard would be deemed “unaffordable,” and the system could qualify for a variance if the state approves and the alternative standard remains protective of human health.
Small entity benefits Small, rural communities would have greater flexibility to commit resources toward the issues of greatest importance to the community.
Advocacy contact Kevin Bromberg, advocacy@sba.gov
Status As of 8/2008, EPA has decided to switch to kool aid. the modern equipment they use.

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