89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–524 

ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 2010 

JULY 1, 2010.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. WAXMAN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 5320] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 5320) to amend the Safe Drinking Water Act to increase assistance for States, water systems, and disadvantaged 

communities; to encourage good financial and environmental management of water systems; to strengthen the Environmental Protection Agency’s ability to enforce the requirements of the Act; to 

reduce lead in drinking water; to strengthen the endocrine 

disruptor screening program; and for other purposes, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 13 

Background and Need for Legislation .................................................................... 14 

Legislative History .................................................................................................. 15 

Committee Consideration ........................................................................................ 16 

Committee Votes ...................................................................................................... 16 

Committee Oversight Findings and Recommendations ........................................ 18 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 18 

Statement of General Performance Goals and Objectives .................................... 18 

Constitutional Authority Statement ...................................................................... 18 

Earmarks and Tax and Tariff Benefits .................................................................. 19 

Advisory Committee Statement .............................................................................. 19 

Applicability of Law to Legislative Branch ........................................................... 19 

Federal Mandates Statement ................................................................................. 19 

Committee Cost Estimate ....................................................................................... 19 

Congressional Budget Office Estimate ................................................................... 19 


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Section-by-Section Analysis of the Legislation ...................................................... 24 

Explanation of Amendments ................................................................................... 30 

Changes in Existing Law Made by the Bill, as Reported ..................................... 30 

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Assistance, Quality, and Affordability Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Technical assistance for small public water systems. 

Sec. 3. Prevailing wages. 

Sec. 4. Use of funds. 

Sec. 5. Requirements for use of American materials. 

Sec. 6. Data on variances, exemptions, and persistent violations. 

Sec. 7. Assistance for restructuring. 

Sec. 8. Priority and weight of applications. 

Sec. 9. Disadvantaged communities. 

Sec. 10. Administration of State loan funds. 

Sec. 11. State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands. 

Sec. 12. Authorization of appropriations. 

Sec. 13. Negotiation of contracts. 

Sec. 14. Affordability of new standards. 

Sec. 15. Focus on lifecycle costs. 

Sec. 16. Enforcement. 

Sec. 17. Reducing lead in drinking water. 

Sec. 18. Endocrine disruptor screening program. 

Sec. 19. Presence of pharmaceuticals and personal care products in sources of drinking water. 

Sec. 20. Electronic reporting of compliance monitoring data to the Administrator. 

(c) REFERENCES.—Except as otherwise specified, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the 

reference shall be considered to be made to a section or other provision of the Safe 

Drinking Water Act (42 U.S.C. 300f et seq.). 

SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS. 

Subsection (e) of section 1442 (42 U.S.C. 300j–1(e)) is amended to read as follows: 

‘‘(e) TECHNICAL ASSISTANCE.— 

‘‘(1) IN GENERAL.—The Administrator, directly or through grants or cooperative agreements with nonprofit organizations, may provide technical assistance 

to small public water systems to enable such systems to achieve and maintain 

compliance with applicable national primary drinking water regulations. 

‘‘(2) TYPES OF ASSISTANCE.—Technical assistance under paragraph (1) may include onsite technical assistance and compliance assistance; circuit-rider and 

multi-State regional technical assistance programs; training; assistance with 

implementing source water protection programs; assistance with increasing 

water or energy efficiency; assistance with designing, installing, or operating 

sustainable energy infrastructure to produce or capture sustainable energy on 

site or through water transport; assistance with developing technical, financial, 

and managerial capacity; assistance with long-term infrastructure planning; assistance with applying for funds from a State loan fund under section 1452; and 

assistance with implementation of monitoring plans, rules, regulations, and 

water security enhancements. 

‘‘(3) PRIORITY.—In providing assistance under this subsection, the Administrator shall give priority to assistance that will promote compliance with national primary drinking water standards, public health protection, and longterm sustainability of small public water systems. In awarding grants and cooperative assistance under paragraph (1) to nonprofit organizations, the Administrator shall (subject to the preceding sentence) give greater weight to nonprofit 

organizations that, as determined by the Administrator, are most qualified and 

most effective and that, as determined by the Administrator using information 

where available, are providing the types of technical assistance that are preferred by small public water systems. 

‘‘(4) COMPETITIVE PROCEDURES.—It is the presumption of Congress that any 

award of assistance under this subsection will be awarded using competitive 

procedures based on merit. If assistance is awarded under this subsection using 

procedures other than competitive procedures, the Administrator shall submit 

to the Congress, within 90 days of the award decision, a report explaining why 

competitive procedures were not used. 


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‘‘(5) FUNDING.— 

‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 

2011 through 2015. 

‘‘(B) PROHIBITION ON EARMARKS.—No funds made available under this 

subsection may be used to carry out a provision or report language included 

primarily at the request of a Member, Delegate, Resident Commissioner, or 

Senator providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority 

for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formuladriven or competitive award process. 

‘‘(C) LOBBYING EXPENSES.—No portion of any State loan fund established 

under section 1452 and no portion of any funds made available under this 

subsection may be used for lobbying expenses. 

‘‘(D) INDIAN TRIBES.—Of the total amount made available under this section for each fiscal year, 3 percent shall be used for technical assistance to 

public water systems owned or operated by Indian Tribes.’’. 

SEC. 3. PREVAILING WAGES. 

Subsection (e) of section 1450 (42 U.S.C. 300j–9) is amended to read as follows: 

‘‘(e) LABOR STANDARDS.— 

‘‘(1) IN GENERAL.—The Administrator shall take such action as the Administrator determines to be necessary to ensure that each laborer and mechanic employed by a contractor or subcontractor in connection with a construction project 

financed, in whole or in part, by a grant, loan, loan guarantee, refinancing, or 

any other form of financial assistance provided under this title (including assistance provided by a State loan fund established under section 1452) is paid 

wages at a rate of not less than the wages prevailing for the same type of work 

on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, 

United States Code. 

‘‘(2) AUTHORITY OF SECRETARY OF LABOR.—With respect to the labor standards 

specified in this subsection, the Secretary of Labor shall have the authority and 

functions established in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 

App.) and section 3145 of title 40, United States Code.’’. 

SEC. 4. USE OF FUNDS. 

Section 1452(a)(2) (42 U.S.C. 300j–12(a)(2)) is amended— 

(1) by striking ‘‘Except as otherwise’’ and inserting the following: 

‘‘(A) IN GENERAL.—Except as otherwise’’; 

(2) by striking ‘‘Financial assistance under this section’’ and inserting the following: 

‘‘(B) PERMISSIBLE EXPENDITURES.—Financial assistance under this section’’; 

(3) by striking ‘‘The funds may also be used’’ and inserting the following: 

‘‘(D) CERTAIN LOANS.—Financial assistance under this section may also be 

used’’; 

(4) by striking ‘‘The funds shall not be used’’ and inserting the following: 

‘‘(E) LIMITATION.—Financial assistance under this section shall not be 

used’’; 

(5) by striking ‘‘Of the amount credited’’ and inserting the following: 

‘‘(F) SET-ASIDE.—Of the amount credited’’; 

(6) in subparagraph (B) (as designated by paragraph (2)) by striking ‘‘(not’’ 

and inserting ‘‘(including expenditures for planning, design, siting, and associated preconstruction activities, for replacing or rehabilitating aging treatment, 

storage, or distribution facilities of public water systems, or for producing or 

capturing sustainable energy on site or through the transportation of water 

through the public water system, but not’’; and 

(7) by inserting after such subparagraph (B) the following: 

‘‘(C) SALE OF BONDS.—If a State issues revenue or general obligation 

bonds to provide all or part of the State contribution required by subsection 

(e), and the proceeds of the sale of such bonds will be deposited into the 

State loan fund— 

‘‘(i) financial assistance made available under this section may be 

used by the State as security for payment of the principal and interest 

on such bonds; and 


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‘‘(ii) interest earnings of the State loan fund may be used by the 

State as revenue for payment of the principal and interest on such 

bonds.’’. 

SEC. 5. REQUIREMENTS FOR USE OF AMERICAN MATERIALS. 

Section 1452(a) (42 U.S.C. 300j-12(a)) is amended by adding at the end the following new paragraph: 

‘‘(4) REQUIREMENTS FOR USE OF AMERICAN MATERIALS.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, none of 

the funds made available by a State loan fund as authorized under this section may be used for a project for the construction, alteration, maintenance, 

or repair of a public water system unless the steel, iron, and manufactured 

goods used in such project are produced in the United States. 

‘‘(B) EXCEPTIONS.—Subparagraph (A) shall not apply in any case in which 

the Administrator (in consultation with the Governor of the State) finds 

that— 

‘‘(i) applying subparagraph (A) would be inconsistent with the public 

interest; 

‘‘(ii) steel, iron, and manufactured goods are not produced in the 

United States in sufficient and reasonably available quantities and of 

a satisfactory quality; or 

‘‘(iii) inclusion of steel, iron, and manufactured goods produced in the 

United States will increase the cost of the overall project by more than 

25 percent. 

‘‘(C) PUBLIC NOTIFICATION AND WRITTEN JUSTIFICATION FOR WAIVER.—If 

the Administrator determines that it is necessary to waive the application 

of subparagraph (A) based on a finding under subparagraph (B), the Administrator shall— 

‘‘(i) not less than 15 days prior to waiving application of subparagraph (A), provide public notice and the opportunity to comment on the 

Administrator’s intent to issue such waiver; and 

‘‘(ii) upon issuing such waiver, publish in the Federal Register a detailed written justification as to why the provision is being waived. 

‘‘(D) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.—This paragraph 

shall be applied in a manner consistent with United States obligations 

under international agreements.’’. 

SEC. 6. DATA ON VARIANCES, EXEMPTIONS, AND PERSISTENT VIOLATIONS. 

Section 1452(b)(2) (42 U.S.C. 300j–12(b)(2)) is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in subparagraph (C), by striking the period at the end and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following: 

‘‘(D) a list of all water systems within the State that have in effect an 

exemption or variance for any national primary drinking water regulation 

or that are in persistent violation of the requirements for any maximum 

contaminant level or treatment technique under a national primary drinking water regulation, including identification of— 

‘‘(i) the national primary drinking water regulation in question for 

each such exemption, variance, or violation; and 

‘‘(ii) the date on which the exemption or variance came into effect or 

the violation began.’’. 

SEC. 7. ASSISTANCE FOR RESTRUCTURING. 

(a) DEFINITION.—Section 1401 (42 U.S.C. 300f) is amended by adding at the end 

the following: 

‘‘(17) RESTRUCTURING.—The term ‘restructuring’ means changes in operations 

(including ownership, management, cooperative partnerships, joint purchasing 

arrangements, consolidation, and alternative water supply).’’. 

(b) RESTRUCTURING.—Clause (ii) of section 1452(a)(3)(B) (42 U.S.C. 300j– 

12(a)(3)(B)) is amended by striking ‘‘changes in operations (including ownership, 

management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures)’’ and inserting ‘‘restructuring’’. 

SEC. 8. PRIORITY AND WEIGHT OF APPLICATIONS. 

(a) PRIORITY.—Section 1452(b)(3) (42 U.S.C. 300j–12(b)(3)) is amended— 

(1) in subparagraph (A)— 

(A) in clause (ii), by striking ‘‘and’’ at the end; 

(B) in clause (iii), by striking the period at the end and inserting ‘‘; and’’; 

and 

(C) by adding at the end the following: 


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‘‘(iv) improve the ability of systems to protect human health and comply with the requirements of this title affordably in the future.’’; 

(2) by redesignating subparagraph (B) as subparagraph (D); 

(3) by inserting after subparagraph (A) the following: 

‘‘(B) AFFORDABILITY OF NEW STANDARDS.—For any year in which enforcement begins for a new national primary drinking water standard, each 

State that has entered into a capitalization agreement pursuant to this section shall evaluate whether capital improvements required to meet the 

standard are affordable for disadvantaged communities in the State. If the 

State finds that such capital improvements do not meet affordability criteria for disadvantaged communities in the State, the State’s intended use 

plan shall provide that priority for the use of funds for such year be given 

to public water systems affected by the standard and serving disadvantaged 

communities. 

‘‘(C) WEIGHT GIVEN TO APPLICATIONS.—After determining priority under 

subparagraphs (A) and (B), an intended use plan shall provide that the 

State will give greater weight to an application for assistance if the application contains— 

‘‘(i) a description of measures undertaken by the system to improve 

the management and financial stability of the system, which may include— 

‘‘(I) an inventory of assets, including a description of the condition of the assets; 

‘‘(II) a schedule for replacement of assets; 

‘‘(III) an audit of water losses; 

‘‘(IV) a financing plan that factors in all lifecycle costs indicating 

sources of revenue from ratepayers, grants, bonds, other loans, and 

other sources to meet the costs; and 

‘‘(V) a review of options for restructuring; 

‘‘(ii) a demonstration of consistency with State, regional, and municipal watershed plans; 

‘‘(iii) a water conservation plan consistent with guidelines developed 

for such plans by the Administrator under section 1455(a); and 

‘‘(iv) a description of measures undertaken by the system to improve 

the efficiency of the system or reduce the system’s environmental impact, which may include— 

‘‘(I) water efficiency or conservation, including the rehabilitation 

or replacement of existing leaking pipes; 

‘‘(II) use of reclaimed water; 

‘‘(III) actions to increase energy efficiency; 

‘‘(IV) actions to generate or capture sustainable energy on site or 

through the transportation of water through the system; 

‘‘(V) actions to protect source water; 

‘‘(VI) actions to mitigate or prevent corrosion, including design, 

selection of materials, selection of coating, and cathodic protection; 

and 

‘‘(VII) actions to reduce disinfection byproducts.’’; and 

(4) in subparagraph (D) (as redesignated by paragraph (2)) by striking ‘‘periodically’’ and inserting ‘‘at least biennially’’. 

(b) GUIDANCE.—Section 1452 (42 U.S.C. 300j–12) is amended— 

(1) by redesignating subsection (r) as subsection (s); and 

(2) by inserting after subsection (q) the following: 

‘‘(r) SMALL SYSTEM GUIDANCE.—The Administrator may provide guidance and, as 

appropriate, tools, methodologies, or computer software, to assist small systems in 

undertaking measures to improve the management, financial stability, and efficiency of the system or reduce the system’s environmental impact.’’. 

SEC. 9. DISADVANTAGED COMMUNITIES. 

(a) ASSISTANCE TO INCREASE COMPLIANCE.—Section 1452(b)(3) (42 U.S.C. 300j– 

12(b)(3)), as amended, is further amended by adding at the end the following: 

‘‘(E) ASSISTANCE TO INCREASE COMPLIANCE.—A State’s intended use plan 

shall provide that, of the funds received by the State through a capitalization grant under this section for a fiscal year, the State will, to the extent 

that there are sufficient eligible project applications, reserve not less than 

6 percent to be spent on assistance under subsection (d) to public water systems included in the State’s most recent list under paragraph (2)(D).’’. 

(b) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.—Section 1452(d) (42 U.S.C. 

300j–12(d)) is amended— 


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(1) in paragraph (1), by adding at the end the following: ‘‘Such additional subsidization shall directly and primarily benefit the disadvantaged community.’’; 

and 

(2) in paragraph (3), by inserting ‘‘, or portion of a service area,’’ after ‘‘service 

area’’. 

(c) AFFORDABILITY CRITERIA.—Section 1452(d)(3) is amended by adding at the end: 

‘‘Each State that has entered into a capitalization agreement pursuant to this section shall, in establishing affordability criteria, consider, solicit public comment on, 

and include as appropriate— 

‘‘(A) the methods or criteria that the State will use to identify disadvantaged communities; 

‘‘(B) a description of the institutional, regulatory, financial, tax, or legal 

factors at the Federal, State, or local level that affect identified affordability 

criteria; and 

‘‘(C) a description of how the State will use the authorities and resources 

under this subsection to assist communities meeting the identified criteria.’’. 

SEC. 10. ADMINISTRATION OF STATE LOAN FUNDS. 

Section 1452(g) (42 U.S.C. 300j–12(g)) is amended— 

(1) in paragraph (2)— 

(A) in the first sentence, by striking ‘‘up to 4 percent of the funds allotted 

to the State under this section’’ and inserting ‘‘, for each fiscal year, an 

amount that does not exceed the sum of the amount of any fees collected 

by the State for use in covering reasonable costs of administration of programs under this section, regardless of the source, and an amount equal to 

the greatest of $400,000, 1⁄5 of one percent of the current valuation of the 

State loan fund, or 6 percent of all grant awards to the State loan fund 

under this section for the fiscal year,’’; 

(B) by striking ‘‘1419,’’ and all that follows through ‘‘1993.’’ and inserting 

‘‘1419.’’; and 

(C) in the matter following subparagraph (D), by striking ‘‘2 percent’’ and 

inserting ‘‘4 percent’’; and 

(2) by adding at the end the following: 

‘‘(5) TRANSFER OF FUNDS.— 

‘‘(A) IN GENERAL.—The Governor of a State may— 

‘‘(i) reserve for any fiscal year not more than the lesser of— 

‘‘(I) 33 percent of a capitalization grant made under this section; 

or 

‘‘(II) 33 percent of a capitalization grant made under section 601 

of the Federal Water Pollution Control Act; and 

‘‘(ii) add the funds so reserved to any funds provided to the State 

under this section or section 601 of the Federal Water Pollution Control 

Act. 

‘‘(B) STATE MATCHING FUNDS.—Funds reserved under this paragraph shall 

not be considered for purposes of calculating the amount of a State contribution required by subsection (e) of this section or section 602(b) of the 

Federal Water Pollution Control Act.’’. 

SEC. 11. STATE REVOLVING LOAN FUNDS FOR AMERICAN SAMOA, NORTHERN MARIANA ISLANDS, GUAM, AND THE VIRGIN ISLANDS. 

Section 1452(j) (42 U.S.C. 300j–12(j)) is amended by striking ‘‘0.33 percent’’ and 

inserting ‘‘1 percent’’. 

SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

Subsection (m) of section 1452 (42 U.S.C. 300j–12) is amended to read as follows: 

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated to carry out this 

section— 

‘‘(A) $1,400,000,000 for fiscal year 2011; 

‘‘(B) $1,600,000,000 for fiscal year 2012; and 

‘‘(C) $1,800,000,000 for fiscal year 2013. 

‘‘(2) AVAILABILITY.—Amounts made available pursuant to this subsection shall 

remain available until expended. 

‘‘(3) RESERVATION FOR NEEDS SURVEYS.—Of the amount made available under 

paragraph (1) to carry out this section for a fiscal year, the Administrator may 

reserve not more than $1,000,000 per year to pay the costs of conducting needs 

surveys under subsection (h).’’. 


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SEC. 13. NEGOTIATION OF CONTRACTS. 

Section 1452 (42 U.S.C. 300j–12), as amended, is further amended by adding at 

the end the following: 

‘‘(t) NEGOTIATION OF CONTRACTS.—For community water systems serving communities with populations of more than 10,000 individuals, a contract to be carried out 

using funds made available through a capitalization grant under this section for 

program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner as— 

‘‘(1) a contract for architectural and engineering services is negotiated under 

chapter 11 of title 40, United States Code; or 

‘‘(2) a contract subject to an equivalent State or local qualifications-based requirement (as determined by the Governor of the State).’’. 

SEC. 14. AFFORDABILITY OF NEW STANDARDS. 

(a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC WATER SYSTEMS.—Clause (ii) of 

section 1412(b)(4)(E) (42 U.S.C. 300g–1(b)(4)(E)) is amended by adding at the end 

the following: ‘‘If no technology, treatment technique, or other means is included in 

a list under this subparagraph for a category of small public water systems, the Administrator shall periodically review the list and supplement it when new technology becomes available.’’. 

(b) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.— 

(1) IN GENERAL.—Subparagraph (E) of section 1452(a)(1) (42 U.S.C. 300j– 

12(a)(1)) is amended— 

(A) by striking ‘‘except that the Administrator may reserve’’ and inserting 

‘‘except that— 

‘‘(i) in any year in which enforcement of a new national primary 

drinking water standard begins, the Administrator may use the remaining amount to make grants to States whose public water systems 

are disproportionately affected by the new standard for the provision 

of assistance under subsection (d) to such public water systems; 

‘‘(ii) the Administrator may reserve’’; and 

(B) by striking ‘‘and none of the funds reallotted’’ and inserting ‘‘; and 

‘‘(iii) none of the funds reallotted’’. 

(2) ELIMINATION OF CERTAIN PROVISIONS.— 

(A) Section 1412(b) (42 U.S.C. 300g–1(b)) is amended by striking paragraph (15). 

(B) Section 1415 (42 U.S.C. 300g–4) is amended by striking subsection (e). 

(3) CONFORMING AMENDMENT.—Subparagraph (B) of section 1414(c)(1) (42 

U.S.C. 300g–3(c)(1)(B)) is amended by striking ‘‘(a)(2), or (e)’’ and inserting ‘‘or 

(a)(2)’’. 

SEC. 15. FOCUS ON LIFECYCLE COSTS. 

Section 1412(b)(4) (42 U.S.C. 300g–1(b)(4)) is amended— 

(1) in subparagraph (D), by striking ‘‘taking cost into consideration’’ and inserting ‘‘taking lifecycle costs, including maintenance, replacement, and avoided 

costs, into consideration’’; and 

(2) in the matter preceding subclause (I) in subparagraph (E)(ii), by inserting 

‘‘taking lifecycle costs, including maintenance, replacement, and avoided costs, 

into consideration,’’ after ‘‘as determined by the Administrator in consultation 

with the States,’’. 

SEC. 16. ENFORCEMENT. 

(a) ADVICE AND TECHNICAL ASSISTANCE.—Section 1414 (42 U.S.C. 300g–3) is 

amended— 

(1) in the matter following clause (ii) in subsection (a)(1)(A), by striking ‘‘and 

provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with the requirement by the earliest feasible time’’; and 

(2) in subsection (a)(1), by adding at the end the following: 

‘‘(C) At any time after providing notice of a violation to a State and public water 

system under subparagraph (A), the Administrator may provide such advice and 

technical assistance to such State and public water system as may be appropriate 

to bring the system into compliance with the requirement by the earliest feasible 

time. In deciding whether the provision of advice or technical assistance is appropriate, the Administrator may consider the potential for the violation to result in 

serious adverse effects to human health, whether the violation has occurred continuously or frequently, and the effectiveness of past technical assistance efforts.’’. 

(b) ADDITIONAL INSPECTIONS.— 

(1) IN GENERAL.—Section 1414 (42 U.S.C. 300g–3) is amended— 


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(A) by redesignating subsections (d) through (i) as subsections (e) through 

(j), respectively; and 

(B) by inserting after subsection (c) the following: 

‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLATIONS.— 

‘‘(1) IN GENERAL.—The Administrator shall, by regulation, and after consultation with the States, prescribe the number, frequency, and type of additional 

inspections to follow any violation requiring notice under subsection (c). Regulations under this subsection shall— 

‘‘(A) take into account— 

‘‘(i) differences between violations that are intermittent or infrequent 

and violations that are continuous or frequent; 

‘‘(ii) the seriousness of any potential adverse health effects that may 

be involved; and 

‘‘(iii) the number and severity of past violations by the public water 

system; and 

‘‘(B) specify procedures for inspections following a violation by a public 

water system that has the potential to have serious adverse effects on 

human health as a result of short-term exposure. 

‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSIBILITY.—Nothing in this subsection shall be construed or applied to modify the requirements of section 

1413.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Subsections (a)(1)(B), (a)(2)(A), and (b) of section 1414 (42 U.S.C. 

300g–3) are amended by striking ‘‘subsection (g)’’ each place it appears and 

inserting ‘‘subsection (h)’’. 

(B) Section 1448(a) is amended by striking ‘‘1414(g)(3)(B)’’ and inserting 

‘‘1414(h)(3)(B)’’. 

SEC. 17. REDUCING LEAD IN DRINKING WATER. 

(a) IN GENERAL.—Section 1417 (42 U.S.C. 300g–6) is amended— 

(1) by adding at the end of subsection (a) the following: 

‘‘(4) EXEMPTIONS.—The prohibitions in paragraphs (1) and (3) shall not apply 

to— 

‘‘(A) pipes, pipe fittings, plumbing fittings, or fixtures, including backflow 

preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other 

uses where the water is not anticipated to be used for human consumption; 

or 

‘‘(B) toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, 

shower valves, service saddles, or water distribution main gate valves that 

are 2 inches in diameter or larger.’’; and 

(2) by amending subsection (d) to read as follows: 

‘‘(d) DEFINITION OF LEAD FREE.— 

‘‘(1) IN GENERAL.—For the purposes of this section, the term ‘lead free’ 

means— 

‘‘(A) not containing more than 0.2 percent lead when used with respect 

to solder and flux; and 

‘‘(B) not more than a weighted average of 0.25 percent lead when used 

with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, 

and fixtures. 

‘‘(2) CALCULATION.—The weighted average lead content of a pipe, pipe fitting, 

plumbing fitting, or fixture shall be calculated by using the following formula: 

For each wetted component, the percentage of lead in the component shall be 

multiplied by the ratio of the wetted surface area of that component to the total 

wetted surface area of the entire product to arrive at the weighted percentage 

of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages 

shall constitute the weighted average lead content of the product. The lead content of the material used to produce wetted components shall be used to determine compliance with paragraph (1)(B). For lead content of materials that are 

provided as a range, the maximum content of the range shall be used.’’. 

(b) EFFECTIVE DATE.—The provisions of subsections (a)(4) and (d) of section 1417 

of the Safe Drinking Water Act, as added by this section, apply beginning on the 

day that is 36 months after the date of the enactment of this Act. 

SEC. 18. ENDOCRINE DISRUPTOR SCREENING PROGRAM. 

Section 1457 (42 U.S.C. 300j–17) is amended to read as follows: 


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‘‘ENDOCRINE DISRUPTOR SCREENING PROGRAM

‘‘SEC. 1457. (a) TESTING OF SUBSTANCES.— 

‘‘(1) IN GENERAL.—In carrying out the screening program under section 408(p) 

of the Federal Food, Drug, and Cosmetic Act, the Administrator shall provide 

for the testing of substances described in paragraph (2) in addition to the substances described in section 408(p)(3) of such Act. 

‘‘(2) COVERED SUBSTANCES.—A substance is subject to testing pursuant to 

paragraph (1) if— 

‘‘(A) the substance may be found in sources of drinking water; and 

‘‘(B) the Administrator determines that a substantial population may be 

exposed to such substance. 

‘‘(3) SUBSTANCES ALREADY SUBJECT TO TESTING.—Notwithstanding paragraph 

(2), a substance is not subject to testing pursuant to paragraph (1) if— 

‘‘(A) the substance is already subject to evaluation determined by the Administrator to be equivalent to testing pursuant to paragraph (1); or 

‘‘(B) the Administrator has already determined the effect of the substance 

on the endocrine system. 

‘‘(4) SUBSTANCES DERIVED FROM DEGRADATION OR METABOLISM OF ANOTHER

SUBSTANCE.—If a substance subject to testing pursuant to paragraph (1) (in this 

paragraph referred to as the ‘covered substance’) is derived from the degradation or metabolism of another substance, or is used in or generated by the manufacture of another substance, the Administrator shall provide for such testing 

of the covered substance by the importer or manufacturer of the other substance. 

‘‘(b) IDENTIFICATION AND TESTING OF ENDOCRINE DISRUPTING SUBSTANCES THAT

MAY BE IN DRINKING WATER.— 

‘‘(1) IDENTIFICATION.—Not later than 1 year after the date of the enactment 

of the Assistance, Quality, and Affordability Act of 2010, after opportunity for 

comment, the Administrator shall publish— 

‘‘(A) a list of no fewer than 100 substances for testing pursuant to subsection (a)(1) (in accordance with the schedule specified in paragraph (3)); 

and 

‘‘(B) a plan for the identification of additional substances for testing pursuant to subsection (a)(1), and a schedule for issuing test orders for all such 

additional substances by not later than 10 years after the date of the enactment of the Assistance, Quality, and Affordability Act of 2010, with the goal 

of testing, at a minimum and consistent with subsection (a), all substances 

that have been placed on the Drinking Water Preliminary Contaminant 

Candidate List published pursuant to section 1412(b)(1)(B)(i). 

In publishing the plan and schedule required by subparagraph (B), the Administrator shall obtain advice and direction from the Science Advisory Board. 

‘‘(2) PRIORITIZATION; CONSIDERATIONS.—In selecting substances for listing 

under paragraph (1)(A) or identification pursuant to the plan under paragraph 

(1)(B), the Administrator— 

‘‘(A) shall prioritize the selection of substances that pose the greatest public health concern, using the best available science and taking into consideration (among other factors of public health concern) the effect of such substances on subgroups that comprise a meaningful portion of the general 

population (such as infants, children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations) that are 

identifiable as being at greater risk of adverse health effects due to exposure to substances in drinking water; and 

‘‘(B) shall take into consideration— 

‘‘(i) available information on the extent of potential public exposures 

to the substances through drinking water; and 

‘‘(ii) the Drinking Water Preliminary Contaminant Candidate List 

published pursuant to section 1412(b)(1)(B)(i). 

‘‘(3) SCHEDULE.—After publication of the list under paragraph (1)(A), the Administrator shall issue test orders for— 

‘‘(A) at least 25 substances on the list by the end of each year during the 

4-year period following the date of the enactment of the Assistance, Quality, 

and Affordability Act of 2010; and 

‘‘(B) all substances on the list by the end of such 4-year period. 

‘‘(c) TESTING PROTOCOL PROCESS.— 

‘‘(1) IN GENERAL.—Not later than 2 years after the date of the enactment of 

the Assistance, Quality, and Affordability Act of 2010, the Administrator shall, 

after opportunity for comment, and after obtaining advice and direction from 

the Science Advisory Board, publish guidance on developing and updating protoVerDate Mar 15 2010 05:14 Jul 03, 2010 Jkt 089006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6621 E:\HR\OC\HR524.XXX HR524

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cols for testing of possible endocrine disruptors that may be found in sources 

of drinking water. The guidance shall specify— 

‘‘(A) the manner in which the Administrator will evaluate and, where necessary, revise such protocols; 

‘‘(B) the manner in which the Administrator will determine when testing 

of substances will be required; and 

‘‘(C) the procedures by which other scientifically relevant information can 

be used in lieu of some or all of the information that otherwise would be 

collected pursuant to testing under section 408(p) of the Federal Food, 

Drug, and Cosmetic Act. 

‘‘(2) MINIMUM CONTENTS.—The procedures specified pursuant to paragraph 

(1)(C) shall ensure that the Administrator may use information that is prepared 

or provided by any person (including a registrant, manufacturer, or importer of 

a substance for which testing is required, and any other entity) and shall apply 

equally with respect to any such person. 

‘‘(3) AMENDMENTS.—The Administrator may, after opportunity for comment, 

and after obtaining advice and direction from the Science Advisory Board, 

amend any guidance published pursuant to this subsection. 

‘‘(d) REVISION OF TESTING PROTOCOLS.—Not later than 2 years after the date of 

the enactment of the Assistance, Quality, and Affordability Act of 2010, the Administrator shall, after opportunity for comment, determine whether sufficient scientific 

information has been developed to warrant updating the screening protocols developed under section 408(p) of the Federal Food, Drug, and Cosmetic Act for substances that may be found in sources of drinking water. Not later than 5 years after 

the date of the enactment of the Assistance, Quality, and Affordability Act of 2010 

and every 3 years thereafter, the Administrator shall determine, consistent with the 

guidance published under subsection (c), whether to revise screening protocols under 

such section for substances that may be found in sources of drinking water based 

on significant improvements in the sensitivity, accuracy, reliability, reproducibility, 

or efficiency of such protocols, or a reduction in the number of animals required to 

conduct such protocols. Whenever the Administrator revises such a protocol, the Administrator shall also determine, after obtaining advice and direction from the 

Science Advisory Board, whether any substance that has already been subjected to 

testing should be tested using the revised protocol. 

‘‘(e) VALID SCIENTIFIC DATA.—Any testing protocols pursuant to this section shall 

be designed to produce scientific results that are based on— 

‘‘(1) verifiable measurements with sufficiently small error rates; 

‘‘(2) well-controlled measurements whose interpretation is not confounded by 

extraneous influences; and 

‘‘(3) results that are repeatable by independent scientists. 

‘‘(f) RESULTS OF TESTING.— 

‘‘(1) PUBLICATION OF DATA EVALUATION RECORDS.—Not later than 6 months 

after receipt of testing results for a substance that may be found in sources of 

drinking water, the Administrator shall prepare and, consistent with subsection 

(g), publish data evaluation records for such results in a publicly searchable 

database. 

‘‘(2) ADMINISTRATIVE ACTION.—Not later than 6 months after receipt of test 

results that determine the endocrine-related effects caused by a substance that 

may be found in sources of drinking water, the Administrator shall— 

‘‘(A) determine whether to take action related to the substance pursuant 

to the agency’s statutory authority; and 

‘‘(B) consistent with subsection (g), publish such determination in a publicly searchable database. 

Nothing in this section shall be construed to affect the Administrator’s authority 

to take action under other provisions of law. 

‘‘(3) STRUCTURED EVALUATION FRAMEWORK.—To assess the overall weight of 

the evidence and relevance to human health of results of testing for substances 

that may be found in sources of drinking water, the Administrator shall develop 

and use a structured evaluative framework consisting of science-based criteria, 

consistent with the protection of public health, for systematically evaluating endocrine mode of action and for determining data relevance, quality, and reliability. 

‘‘(g) PUBLIC DATABASE.—Beginning not later than 180 days after the date of the 

enactment of the Assistance, Quality, and Affordability Act of 2010 and consistent 

with section 552 of title 5, United States Code, the Administrator shall publish, in 

electronic format, a publicly searchable database that contains information regarding the testing program. Not later than 30 days after the date on which the information becomes available, the Administrator shall ensure that, at a minimum, the 

database— 


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‘‘(1) identifies the substances selected for testing under the program; and 

‘‘(2) includes the documents and information pertaining to the status of testing activities for each such substance, including test orders, deadlines for submission, the Environmental Protection Agency’s data evaluation records, any 

scientific information on which the Administrator based actions under subsection (f), the Administrator’s determination under subsection (f) on whether 

action will be taken under other statutory authority, and the summary of chemical test results. 

‘‘(h) PETITION FOR INCLUSION OF A SUBSTANCE IN THE PROGRAM.— 

‘‘(1) IN GENERAL.—Any person may submit a petition to the Administrator to 

add a substance to the list under subsection (b)(1)(A) or identify a substance 

pursuant to the plan under subsection (b)(1)(B). 

‘‘(2) SPECIFICATION OF FACTS.—Any petition under paragraph (1) shall specify 

the facts that are claimed to establish that an action described in paragraph 

(1) is warranted. 

‘‘(3) ADMINISTRATIVE ACTION.—Not later than 90 days after the filing of a petition described under paragraph (1), the Administrator shall determine whether 

the petition has established that an action described in paragraph (1) is warranted and shall grant or deny the petition. If the Administrator grants such 

petition, the Administrator shall promptly add the substance to the list under 

subsection (b)(1)(A) or identify the substance pursuant to the plan under subsection (b)(1)(B), as applicable. If the Administrator denies the petition, the Administrator shall publish the reasons for such denial in the Federal Register. 

‘‘(i) COORDINATION WITH OTHER FEDERAL AGENCIES.—After the Administrator— 

‘‘(1) requires testing of a substance that may be found in sources of drinking 

water, or 

‘‘(2) based in whole or in part on the results of testing of such a substance, 

takes action related to the substance pursuant to the agency’s statutory authority, 

the Administrator shall give notice of such testing or action to Federal agencies 

which are authorized by other provisions of law to regulate the substance or products, materials, medications, processes, or practices that use the substance. 

‘‘(j) REPORTING REQUIREMENT.—Not later than 1 year after the date of the enactment of the Assistance, Quality, and Affordability Act of 2010 and every 3 years 

thereafter, the Administrator shall provide a report to the Committee on Energy 

and Commerce of the House of Representatives and the Committee on Environment 

and Public Works of the Senate that describes— 

‘‘(1) progress made in identifying and testing potential endocrine disruptors 

as well as plans for future activities; 

‘‘(2) any change in screening or testing methodology and evaluation or criteria 

for evaluating scientifically relevant information; 

‘‘(3) actions taken to ensure communication and sharing of scientific information with other Federal agencies and the public; and 

‘‘(4) any deviations from the plan or schedule published under subsection 

(b)(1)(B) as well as the reasons therefor. 

‘‘(k) TESTING CONSORTIA, COMPENSATION, AND COMPLIANCE.— 

‘‘(1) IN GENERAL.—Any person required by the Administrator to conduct testing of an endocrine disruptor that may be found in sources of drinking water 

may— 

‘‘(A) submit, on its own, data in response to an order for such testing; and 

‘‘(B) form (on a voluntary basis) a consortium in order to satisfy the requirements of one or more orders for such testing. 

‘‘(2) RELIANCE ON CONSORTIUM SUBMISSIONS.—Each member of a consortium 

described in paragraph (1)(B) shall have full rights to rely on all submissions 

of the consortium to satisfy the requirements of any order for testing, but continues to be individually subject to such requirements. 

‘‘(3) SHARING OF COSTS.— 

‘‘(A) IN GENERAL.—Each member of a consortium described in paragraph 

(1)(B) shall share the applicable costs according to appropriate arrangements established by the consortium members. 

‘‘(B) BINDING OFFER.—Whenever, to satisfy the requirements of one or 

more orders for testing, any person offers to form or join a consortium described in paragraph (1)(B), or offers compensation to a person that has already submitted data to the Administrator satisfying an order for testing, 

such offer shall constitute a binding offer to share an appropriate portion 

of the applicable costs. 

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‘‘(i) incurred to generate and report information to comply with an 

order for testing; or 

‘‘(ii) associated with the organization and administration of the consortium. 

‘‘(4) DISPUTE RESOLUTION.— ‘‘(A) IN GENERAL.—In the event of any dispute about an appropriate share 

or a fair method of determining an appropriate share of applicable costs of 

the testing requirements in a test order, any person involved in the dispute 

may initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of 

arbitrators maintained by such Service or a hearing with a regional office 

of the American Arbitration Association. A copy of the request shall be sent 

to each person from whom the requesting party seeks compensation or who 

seeks compensation from that party. 

‘‘(B) NO REVIEW OF FINDINGS AND DETERMINATION.—The findings and determination of the arbitrator in a dispute initiated pursuant to subparagraph (A) shall be final and conclusive, and no official or court of the 

United States shall have power or jurisdiction to review any such findings 

and determination, except in the case of fraud, misrepresentation, or other 

misconduct by one of the parties to the arbitration or by the arbitrator. 

‘‘(C) PAYMENT OF FEE AND EXPENSES.—The parties to arbitration initiated 

pursuant to subparagraph (A) shall share equally in the payment of the fee 

and expenses of the arbitrator. 

‘‘(5) ENFORCEMENT.—If the Administrator determines that any person seeking 

to comply with an order for testing by relying on a submission made by a consortium or an original data submitter has failed to make an offer in accordance 

with paragraph (3)(B), to participate in an arbitration proceeding under paragraph (4), or to comply with the terms of an agreement or arbitration decision 

concerning sharing of applicable costs under paragraph (3), that person is 

deemed to have failed to comply with an order under subparagraph (A) of section 408(p)(5) of the Federal Food, Drug, and Cosmetic Act for purposes of subparagraphs (B) and (C) of such section. 

‘‘(l) DEFINITIONS.—In this section: 

‘‘(1) The term ‘endocrine disruptor’ means an exogenous agent or mixture of 

agents that interferes or alters the synthesis, secretion, transport, metabolism, 

binding action, or elimination of hormones that are present in the body and are 

responsible for homeostasis, growth, neurological signaling, reproduction and 

developmental process, or any other effect that the Administrator has designated as an ‘endocrine effect’ pursuant to section 408(p)(1) of the Federal 

Food, Drug, and Cosmetic Act. 

‘‘(2) The term ‘testing’ means the testing of a substance pursuant to the 

screening program under section 408(p) of the Federal Food, Drug, and Cosmetic Act, including a test of a substance that is intended to identify substances 

that have the potential to interact with the endocrine system or that is intended 

to determine the endocrine-related effects caused by such substance and obtain 

information about effects at various doses. 

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is au- thorized to be appropriated $5,000,000 for each of fiscal years 2011 through 2015.’’. 

SEC. 19. PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN SOURCES OF 

DRINKING WATER. 

Subsection (a) of section 1442 (42 U.S.C. 300j–1) is amended by adding at the end 

the following: 

‘‘(11) PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN SOURCES

OF DRINKING WATER.— ‘‘(A) STUDY.—The Administrator shall carry out a study on the presence of 

pharmaceuticals and personal care products in sources of drinking water, which 

shall— 

‘‘(i) identify pharmaceuticals and personal care products that have been 

detected in sources of drinking water and the levels at which such pharmaceuticals and personal care products have been detected; 

‘‘(ii) identify the sources of pharmaceuticals and personal care products 

in sources of drinking water, including point sources and nonpoint sources 

of pharmaceutical and personal care products; 

‘‘(iii) identify the effects of such products on humans, the environment, 

and the safety of drinking water; and 

‘‘(iv) identify methods to control, limit, treat, or prevent the presence of 

such products. 

‘‘(B) CONSULTATION.—The Administrator shall conduct the study described in 

subparagraph (A) in consultation with the Secretary of Health and Human 


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Services (acting through the Commissioner of Food and Drugs), the Director of 

the United States Geological Survey, the heads of other appropriate Federal 

agencies (including the National Institute of Environmental Health Sciences), 

and other interested stakeholders (including manufacturers of pharmaceuticals 

and personal care products and consumer groups and advocates). 

‘‘(C) REPORT.—Not later than 2 years after the date of the enactment of this 

paragraph, the Administrator shall submit to the Congress a report on the results of the study carried out under this paragraph. 

‘‘(D) DEFINITIONS.—In this paragraph: 

‘‘(i) The term ‘personal care product’ has the meaning given the term ‘cosmetic’ in section 201 of the Federal Food, Drug, and Cosmetic Act. 

‘‘(ii) The term ‘pharmaceutical’ has the meaning given the term ‘drug’ in 

section 201 of the Federal Food, Drug, and Cosmetic Act.’’. 

SEC. 20. ELECTRONIC REPORTING OF COMPLIANCE MONITORING DATA TO THE ADMINISTRATOR. 

(a) REQUIREMENT.—Section 1414 (42 U.S.C. 300g-3), as amended, is further 

amended by adding at the end the following: 

‘‘(k) ELECTRONIC REPORTING OF COMPLIANCE MONITORING DATA TO THE ADMINISTRATOR.—The Administrator shall by rule establish requirements for— 

‘‘(1) electronic submission by public water systems of all compliance monitoring data— 

‘‘(A) to the Administrator; or 

‘‘(B) with respect to public water systems in a State which has primary 

enforcement responsibility under section 1413, to such State; and 

‘‘(2) electronic submission to the Administrator by each State which has primary enforcement responsibility under section 1413 of all compliance monitoring data submitted to such State by public water systems pursuant to paragraph (1)(B).’’. 

(b) FINAL RULE.—Not later than 12 months after the date of the enactment of this 

Act, the Administrator of the Environmental Protection Agency shall issue a final 

rule to carry out section 1414(k) of the Safe Drinking Water Act, as added by subsection (a). 

PURPOSE AND SUMMARY

H.R. 5320 is a bill to amend the Safe Drinking Water Act 

(SDWA) to authorize increased assistance to states, water systems, 

and disadvantaged communities, encourage improved financial and 

environmental management of water systems, provide the Environmental Protection Agency (EPA) with additional tools for enforcement, reduce lead in drinking water fixtures and piping, and 

amend the Endocrine Disruptor Screening Program (EDSP) for 

chemicals in drinking water. 

The bill reauthorizes and increases the authorization levels for 

the drinking water state revolving fund (SRF) and technical assistance for small systems. It adds projects designed to improve the 

sustainability and long-term viability of water systems to the list 

of priorities that should inform state funding decisions and encourages public water systems to improve their managerial capacity 

and reduce their environmental impact. It provides priority for SRF 

funds for water systems serving disadvantaged communities that 

cannot afford to comply with new drinking water standards and requires states to provide additional assistance to water systems 

serving disadvantaged communities and struggling to comply with 

existing drinking water standards. It changes the legal definition 

of ‘‘lead-free’’ for pipes and fixtures from 8% lead to 0.25% lead in 

wetted surfaces. It increases the funding available to the territories 

for drinking water infrastructure. It provides additional tools for 

enforcement of the Safe Drinking Water Act by clarifying requirements for technical assistance and follow-up inspections and 

amends the Endocrine Disruptor Screening Program for chemicals 


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1 42 U.S.C. 300j–12. 

2 United States Environmental Protection Agency, Drinking Water Infrastructure Needs Survey and Assessment: Fourth Report to Congress, (Feb. 2009). 3 American Water Works Association. Reinvesting in Drinking Water Structure: Dawn of the 

Replacement Era. Denver, CO: AWWA (May 2001). 4 Id. 5 United States Environmental Protection Agency, Clean Water and Drinking Water Infrastructure Gap Analysis, EPA–816–R–02–020 (Sept. 2002). 

in drinking water by outlining transparent procedures for requiring 

testing and updating methods. 

BACKGROUND AND NEED FOR LEGISLATION

In 1996, amendments to the Safe Drinking Water Act established 

the state revolving fund program to finance drinking water infrastructure improvements. The funds are used to increase compliance 

with drinking water standards, protect public health, and assist 

the water systems most in need. To date, the program has helped 

finance more than 6,600 drinking water projects throughout the 

country, using federal funds to supplement and leverage investment from other sources. 

Funds from the SRF are allotted to the states based on a needs 

survey, with no state receiving less than 1% of the fund.1 Since 

1996, the EPA Administrator has been authorized to reserve up to 

0.33% of the fund for the territories. Each state or territory administers its fund according to an approved intended use plan, providing loans to public water systems at below-market interest 

rates. The priorities for these funds under existing law are addressing the most serious risks to human health, ensuring compliance 

with SDWA requirements, and assisting systems most in need on 

a per household basis. Some states allow these funds to be used for 

preconstruction activities, to produce or capture sustainable energy, 

and to replace aging infrastructure, but the availability of the funding for these activities is inconsistent. 

Public water systems in the United States serve more than 272 

million people, and, according to the most recent needs survey carried out by EPA, are facing infrastructure bills with the potential 

to climb to $334 billion over the next 17 years as our existing infrastructure ages.2 According to the American Water Works Association, cast iron pipes dating to the late 1800s have an average life 

expectancy of about 120 years.3 Because of changing materials and 

manufacturing techniques, pipes laid in the 1920s have an average 

life expectancy of about 100 years, and pipes laid in the post-World 

War II boom can be expected to last about 75 years.4 EPA’s ‘‘Gap 

Analysis,’’ performed in 2002, predicted that by 2020, 44% of our 

drinking water pipe network will be classified as either ‘‘poor,’’ 

‘‘very poor,’’ or—disturbingly—‘‘life elapsed.’’ 5 The drinking water 

SRF provides an important funding source to help meet these infrastructure needs. 

Infrastructure investment also encourages job creation. The U.S. 

Conference of Mayors has estimated that, for every million dollars 

spent on water infrastructure, 8.7 construction jobs are created, 

and each of those construction jobs creates 3.68 additional jobs. 


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6 P.L. 104–182. 7 United States Environmental Protection Agency, Drinking Water State Revolving Fund: 

2007 Annual Report (Mar. 2008). 8 42 U.S.C. 300g–6. 

9 42 U.S.C. 300g–6(d). 

10P.L. 104–170. 

LEGISLATIVE HISTORY

The drinking water state revolving fund was created by the Safe 

Drinking Water Act Amendments of 1996 to finance projects necessary for protection of public health and compliance with drinking 

water standards.6 In 1997, appropriations for the drinking water 

SRF were $1.275 billion, and by 1999, more than 100 projects had 

been completed using SRF funds. By 2007, more than 3,500 

projects had been completed with SRF funds.7

The American Recovery and Reinvestment Act of 2009 (ARRA) 

directed $2 billion to states through the drinking water SRF, in addition to the 2009 SRF appropriation. Those funds were required 

to be obligated within one year of passage of ARRA. All states met 

that deadline and had their portion of the ARRA funds under contract by February 17, 2010, demonstrating the significant need for 

funds. 

ARRA included a requirement that 20% of the funds be used for 

‘‘green’’ projects. This introduced environmental sustainability concerns into the SRF for the first time, and directed funds towards 

water efficiency and energy efficiency measures. ARRA also included a requirement for the provision of extra assistance to systems serving disadvantaged communities. Since its inception, the 

SRF has provided states with the authority to give extra assistance, in the form of extended loan terms, lower interest rates, or 

principal forgiveness to disadvantaged communities. Until ARRA, 

such assistance was completely discretionary. 

The 1996 amendments to the SDWA also created a technical assistance grant program to assist small systems. That provision does 

not include priority criteria for the selection of grant applications, 

and no competitive grants have ever been awarded under that authority. 

Since 1986, SDWA has prohibited the installation or repair of 

plumbing providing water for human consumption that does not 

meet the statutory definition of ‘‘lead free’’.8 The 1996 amendments 

additionally prohibited the introduction into commerce of any pipe 

or plumbing fitting or fixture that does not meet the definition. At 

all times since 1986, the definition of ‘‘lead free’’ under SDWA for 

pipes and pipe fittings has been 8% lead.9

The Endocrine Disruptor Screening Program was also created in 

1996 by provisions in the SDWA amendments and provisions in the 

Food Quality Protection Act (FQPA).10 Under the EDSP, EPA is required to test all pesticides that may come into contact with food 

for their ability to interfere with the body’s hormonal system. This 

program also provides EPA discretionary authority to test substances that might be found in drinking water for their ability to 

interfere with the body’s hormonal system. 

Upon issuance of a test order by EPA, chemical manufacturers 

are responsible for screening a chemical to determine its potential 

to produce effects in humans that mimic or interfere with hormone 

action in the body. The FQPA authorizes EPA to take appropriate 


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action to protect public health under existing statutory authority if 

substances are found to have endocrine effects in humans. 

The selection of testing protocols and the chemicals to test first 

were not finalized until October 2009, 11 years after the program’s 

official establishment. Between October 2009 and February 2010, 

EPA issued test orders for 67 pesticide chemicals. EPA has never 

exercised its discretionary authority to issue test orders for nonpesticide chemicals found in sources of drinking water. 

Reps. Henry A. Waxman (D–CA) and Edward J. Markey (D–MA) 

released proposed legislative text on May 10, 2010, to reauthorize 

the Safe Drinking Water Act state revolving fund. The legislative 

language was the focus of a hearing held by the Subcommittee on 

Energy and Environment on May 13, 2010. At this hearing, witnesses representing rural and metropolitan water systems, and 

state administrators testified on the SRF-related portions of the 

legislation. The Subcommittee also received testimony on the provisions related to the EDSP from Sarah Janssen, representing the 

Natural Resources Defense Council, and Terry Quill, of Quill Law 

Group. Cynthia Dougherty, Director of EPA’s Office of Ground 

Water and Drinking Water, offered testimony on all provisions of 

the bill. 

COMMITTEE CONSIDERATION

H.R. 5320, the ‘‘Assistance, Quality, and Affordability Act of 

2010’’, was introduced by Chairmen Waxman and Markey on May 

18, 2010, and referred to the Committee on Energy and Commerce. 

H.R. 5320 was then referred to the Subcommittee on Energy and 

Environment on May 18, 2010, and the Subcommittee met in open 

markup session and considered the bill on May 19, 2010. Subsequently, the Subcommittee agreed to favorably forward H.R. 5320 

to the full Committee, amended, by a roll call vote of 18 yeas to 

13 nays. 

On May 26, 2010, the Committee on Energy and Commerce met 

in open markup session to consider H.R. 5320, as approved by the 

Subcommittee. Subsequently, the Committee agreed to order H.R. 

5320 favorably reported to the House, amended, by a roll call vote 

of 45 yeas and 1 nay. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list each record vote on the motion 

to report legislation and amendments thereto. The Committee 

agreed to a motion by Mr. Waxman ordering H.R. 5320 favorably 

reported to the House, amended, by a record vote of 45 yeas and 

1 nay. The following is the record vote taken during Committee 

consideration, including the names of those Members voting for 

and against: 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the findings and recommendations of the 

Committee are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Regarding compliance with clause 3(c)(2) of rule XIII of the Rules 

of the House of Representatives, the Committee adopts as its own 

the estimate prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act of 

1974. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 5320 contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. The purpose of this legislation is to amend 

the Safe Drinking Water Act to reauthorize the drinking water 

state revolving fund and for other purposes, including: 

• Adding projects designed to improve sustainability and long 

term viability to the list of priorities that should inform state funding decisions under the SRF. 

• Encouraging public water systems to improve their managerial 

capacity and reduce their environmental impact. 

• Ensuring that technical assistance funds for small water systems are awarded through a competitive process to nonprofits providing the types of technical assistance preferred by small communities. 

• Providing priority for SRF funds to water systems serving disadvantaged communities that cannot afford to comply with new 

drinking water standards. 

• Requiring states to reserve funding for water systems serving 

disadvantaged communities that have been unable to comply with 

existing drinking water standards. 

• Amending the Endocrine Disruptor Screening Program for 

chemicals in drinking water by outlining transparent procedures 

for requiring testing and updating methods. 

• Changing the legal definition of ‘‘lead-free’’ for pipes and fixtures from 8% lead to 0.25% lead in wetted surfaces. 

• Providing additional tools for enforcement of the Safe Drinking 

Water Act by clarifying requirements for technical assistance and 

follow up inspections. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the constitutional authority for H.R. 5320 is provided in Article I, section 8, clauses 1, 

3, and 18 of the Constitution of the United States. 


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EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 5320 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI of the Rules of the House of Representatives. 

ADVISORY COMMITTEE STATEMENT

No advisory committees were created by H.R. 5320 within the 

meaning of section 5 U.S.C. App., 5(b) of the Federal Advisory 

Committee Act. 

APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

The Committee finds that H.R. 5320 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act of 1985. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimates of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandate Reform Act. 

COMMITTEE COST ESTIMATE

Pursuant to clause 3(d) of rule XIII of the Rules of the House of 

Representatives, the Committee adopts as its own the cost estimate 

on H.R. 5320 prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate on H.R. 5320 

provided by the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974: 

JUNE 11, 2010. 

Hon. HENRY A. WAXMAN, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5320, the Assistance, 

Quality, and Affordability Act of 2010. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 5320—Assistance, Quality, and Affordability Act of 2010 

Summary: H.R. 5320 would authorize the appropriation of nearly 

$5 billion for the Environmental Protection Agency (EPA) to provide grants to states and nonprofit organizations to support a wide 

range of water quality projects and programs over the 2011–2015 

period. This legislation also would authorize the appropriation of 


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$5 million annually over the next five years to support EPA’s Endocrine Disruptor Screening program. CBO estimates that implementing this legislation would cost about $3.5 billion over the next 

five years, assuming appropriation of the authorized amounts. Remaining amounts would be spent after 2015. 

The Joint Committee on Taxation (JCT) estimates that enacting 

the bill would increase the use of tax-exempt bonds by states, thus 

reducing revenues by $337 million over the next 10 years. Pay-asyou-go procedures apply because enacting the legislation would affect revenues. 

H.R. 5320 would impose intergovernmental and private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA). CBO estimates that the aggregate cost of the intergovernmental mandates would fall below the annual threshold established 

in UMRA ($70 million in 2010, adjusted annually for inflation). 

Based on information from industry sources, CBO estimates that 

the aggregate cost of private-sector mandates would probably exceed the annual threshold established in UMRA for the private sector ($141 million in 2010, adjusted annually for inflation). 

Estimated cost to the Federal Government: For this estimate, 

CBO assumes that the bill will be enacted near the beginning of 

fiscal year 2011, that the full amounts authorized will be appropriated for each year, and that outlays will follow the historical 

patterns of spending for existing programs. Components of the estimated costs are described below. 


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TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 5320 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2011– 2015 2011– 2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ................................................................................................................. 1,425 1,625 1,825 25 25 0 0 0 0 0 4,925 4,925 Estimated Outlays .................................................................................................................. 66 392 867 1,209 1,057 627 277 120 61 33 3,591 4,709 

CHANGES IN REVENUES 

Estimated Revenues a b .......................................................................................................... * ¥1 ¥6 ¥15 ¥29 ¥44 ¥55 ¥61 ¥63 ¥64 ¥51 ¥337 

Note: Components may not sum to totals because of rounding. * = revenue loss of less than $500,000. a Estimate provided by the Joint Committee on Taxation. b Negative numbers indicate a reduction in revenues and an increase in the deficit. 


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11 CBO estimates that federal revenues would be reduced by $22 million over the 2010–2014 

period and by $274 million over the 2010–2019 period. 

BASIS OF ESTIMATE

Revenues 

The JCT expects that some of the funds authorized in H.R. 5320 

would be used by states to leverage additional funds by issuing taxexempt bonds. The JCT estimates that issuing additional tax-exempt bonds would reduce federal revenues by about $337 million 

over the next 10 years.11

Spending subject to appropriation 

This legislation would authorize appropriations totaling nearly 

$5 billion over the next five years for EPA’s water infrastructure 

and grant programs and to support EPA’s Endocrine Disruptor 

Screening program. Amounts authorized to be appropriated for individual programs are shown in Table 2. 

TABLE 2.—AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR EPA PROGRAMS UNDER H.R. 5320 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011– 

2015 

Safe Drinking Water SRF Grants .................................................. 1,400 1,600 1,800 0 0 4,800 

Grants for Small Public Water Systems ...................................... 20 20 20 20 20 100 

Endocrine Disruptor Screening Program ...................................... 5 5 5 5 5 25 

Total Authorization Level ..................................................... 1,425 1,625 1,825 25 25 4,925 

Note: SRF = state revolving fund; EPA = Environmental Protection Agency. 

The bill would authorize the appropriation of $4.8 billion over the 

2011–2015 period for EPA to provide capitalization grants for the 

State Revolving Fund program for safe drinking water. In 2010, 

this program received an appropriation of about $1.4 billion. (In addition, the American Recovery and Reinvestment Act of 2009 provided $2 billion for this program). States use such grants along 

with their own funds to make low-interest loans to communities to 

build or improve drinking water facilities. Indian tribes also use 

such grants to fund projects that would improve the quality of 

drinking water. This bill would make several revisions to those 

grant programs, including expanding the types of projects eligible 

for assistance and changing the formulas used to allocate grant 

money among the states and tribes. 

This bill also would authorize the appropriation of about $100 

million over the 2011–2015 period for EPA to make grants to small 

public water systems to address the cost of complying with drinking water regulations and $5 million annually over the same period 

to support EPA’s Endocrine Disruptor Screening program, which 

tests for certain substances in drinking water. 

Pay-as-you-go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The changes 

in revenues that are subject to those pay-as-you-go procedures are 

shown in the following table. 


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CBO ESTIMATE OF PAY-AS-YOU GO EFFECTS FOR H.R. 5320, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON ENERGY AND COMMERCE ON MAY 26, 2010 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 2015 2010– 2020 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ..................................................................................................... 0 0 1 6 15 29 44 55 61 63 64 51 337 


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Intergovernmental and private-sector impact: H.R. 5320 would 

impose intergovernmental and private-sector mandates as defined 

in UMRA. CBO estimates that the aggregate cost of the intergovernmental mandates would fall below the annual threshold established in UMRA ($70 million in 2010, adjusted annually for inflation). Based on information from industry sources, CBO estimates 

that the aggregate cost of private-sector mandates would probably 

exceed the annual threshold established in UMRA for the private 

sector ($141 million in 2010, adjusted annually for inflation). 

MANDATES

Lead-Free Plumbing. The bill would modify the definition of 

‘‘lead free’’ under the Safe Drinking Water Act to reduce the 

amount of lead allowed in plumbing products. The new definition 

would apply to pipes, fittings, or fixtures used to provide drinking 

water that are sold after the bill’s enactment. Plumbing products 

used and sold in the United States would have to meet the new 

standard within three years of enactment. 

The cost of the mandate would be the additional costs to manufacturers, importers, or users associated with producing or acquiring compliant products. Based on information from industry 

sources, CBO expects that some manufacturers would already be in 

compliance with the new standard because of existing standards in 

some states. However, information from those sources suggests 

that the incremental cost of manufacturing or importing such products would total hundreds of millions of dollars to the private sector in at least some of the first five years the mandate is in effect. 

Some of those costs could be passed through to end users, including 

public entities. While the additional costs to state, local, and tribal 

entities could be significant, CBO estimates that those costs would 

total less than the annual threshold established in UMRA for intergovernmental mandates. 

Reporting Requirements. The bill would require public water systems (including both public and private entities) to submit monitoring data electronically. CBO estimates that the cost to submit 

such information electronically would be minimal. 

OTHER IMPACTS

The bill would provide capitalization grants to states to make 

loans to public water systems for infrastructure improvements relating to drinking water. Any costs to those entities related to the 

capitalization grants would result from complying with conditions 

of assistance. 

Estimate prepared by: Federal Spending: Susanne S. Mehlman; 

Federal Revenues: Mark Booth; Impact on State, Local, and Tribal 

Governments: Ryan Miller; Impact on the Private Sector: Amy 

Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title; table of contents; references 

This Act may be cited as the ‘‘Assistance, Quality, and Affordability Act of 2010’’. The table of contents of this Act is provided 


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in this section. This section also provides that, unless otherwise 

specified, wherever in this Act an amendment is expressed in terms 

of an amendment to a section or other provision, it is referring to 

a section or other provision of the Safe Drinking Water Act (42 

U.S.C. 300f et. seq.). 

Section 2. Technical assistance for small public water systems 

This section amends the technical assistance provisions of the 

Safe Drinking Water Act (SDWA) to ensure that funds are awarded 

through a competitive process to the most qualified non-profits, to 

help small public water systems comply with SDWA requirements 

and protect public health. 

Section 3. Prevailing wages 

This section requires that laborers and mechanics employed in 

connection with a construction project financed pursuant to the 

Safe Drinking Water Act, including through funds from a state revolving fund, are paid at a rate not less than the prevailing wage 

in the area. 

Section 4. Use of funds 

This section amends the list of activities for which funds from 

the drinking water SRF may be used, to clarify that 

preconstruction activities, rehabilitation and replacement of aging 

infrastructure, and production or capture of sustainable energy are 

eligible for funding through the revolving funds. This section also 

codifies the existing practice of using funds for issuance of bonds. 

Section 5. Requirements for use of American materials 

This section requires that water systems purchase iron, steel, 

and manufactured goods that have been produced in the United 

States for use in projects funded through the SRF, unless the required goods are not produced in the United States, the purchase 

of other goods is in the public interest, or making the purchase will 

increase the overall cost of the project by more than 25%. This section also provides the Administrator the authority to waive these 

provisions. 

Section 6. Data on variances, exemptions, and persistent violations 

This section amends the list of items that must be included by 

states in their intended use plans. Specifically, this section requires 

state intended use plans to include a list of all of that state’s water 

systems that have an exemption for a variance for any drinking 

water standard under SDWA, particularly those water systems 

that are in persistent violation of contaminant or treatment requirements under SDWA. 

Section 7. Assistance for restructuring 

This section adds a new definition to the Safe Drinking Water 

Act. The Committee does not intend this definition to imply a preference for privatization. 

Section 8. Priority and weight of applications 

This section amends the provisions describing the SRF and the 

procedures for prioritizing applications for funds from the SRF. 


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This section adds an additional priority for the use of funds from 

the SRF. Existing law includes three priorities: addressing the 

most serious risks to human health, ensuring compliance with 

SDWA requirements, and assisting systems most in need on a per 

household basis. This amendment adds consideration of sustainability, by prioritizing projects that increase a system’s ability to 

provide safe, affordable water for years to come. This will allow 

projects that anticipate significant needs and offer improvements 

that will benefit a system for many years to receive funding before 

public health concerns become acute. 

Additionally, and separate from the overall priority scheme, this 

section makes clear that SRF funds should be available for systems 

serving disadvantaged communities and facing unaffordable capital 

costs to come into compliance with a new national primary drinking water standard. 

This section also establishes a system for giving greater weight 

to applications from systems that have taken measures to improve 

their management and financial stability, efficiency, and environmental impact. Individual states may select qualifying measures in 

their Intended Use Plans, and this section provides several examples of measures that could qualify. The inclusion of restructuring 

option reviews among listed examples is intended to encourage 

water systems to undertake such reviews, but not to imply that restructuring is required. 

In order to ensure that small systems have the ability to evaluate and undertake qualifying measures, this section allows the Administrator to provide guidance, software, and tools to those systems. This guidance will supplement the assistance available under 

the technical assistance provisions of SDWA. 

Section 9. Disadvantaged communities 

This section amends the disadvantaged community provisions of 

SDWA that allows states to provide additional assistance to public 

water systems serving disadvantaged communities. This section 

will, for the first time, require states with a demonstrated need to 

provide assistance through the disadvantaged community provisions of SDWA. Any state that reports exemptions or persistent 

violations by one or more systems serving disadvantaged communities will be required to reserve at least 6% of its SRF funds for 

assistance to those systems. 

The section would require states establishing definitions of ‘‘disadvantaged communities’’ after enactment to solicit public comment on and consider the methodology for identifying disadvantaged communities, the factors affecting identified affordability criteria, and approaches to use authorities under the SRF to help 

identified communities. The Committee does not intend for states 

with definitions in place when the AQUA Act is enacted to be required to revise their definitions. 

Additionally, this section will make disadvantaged community 

assistance available to public water systems whose service areas 

include a disadvantaged portion, and will require that the assistance is provided to that portion. Many water systems serve multiple communities, which may have different infrastructure needs 

and economic indicators. As systems consider restructuring, and 

possibly consolidation, the number of such systems may increase. 


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This section will encourage projects to benefit disadvantaged areas 

served by larger systems, and address the concern that metropolitan systems have often been unable to qualify for disadvantaged 

community assistance, even for projects that directly benefit an 

area that would meet the state definition. 

Section 10. Administration of State loan funds 

This section increases the portion of SRF funds that states may 

use for administration of their SRF programs. It also codifies the 

current practice of allowing states to transfer a portion of funds between the drinking water SRF and the Clean Water Act’s state revolving funds. 

Section 11. State loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands 

This section increases the portion of SRF funds that may be reserved by the Administrator for infrastructure projects in the territories from 0.33% to 1% of the fund. 

Section 12. Authorization of appropriations 

This section authorizes appropriations at $1.4 billion in fiscal 

year 2011, $1.6 billion in fiscal year 2012, and $1.8 billion in fiscal 

year 2013. 

Section 13. Negotiation of contracts 

This section requires that contracts to be carried out using federal funds provided through the SRF program be negotiated in 

keeping with federal qualifications-based requirements, or equivalent state or local requirements. This section applies only to communities of 10,000 or more, and leaves discretion to the states to 

determine what state or local requirements are equivalent. 

Section 14. Affordability of new standards 

In promulgating new standards, the Administrator will now be 

required to regularly update and supplement the list of technologies that are affordable for different classes of systems to drive 

innovation and provide information for small systems. 

Any state finding that a new standard poses affordability issues 

for disadvantaged communities in that state will be required to 

prioritize projects for those systems under the SRF. Any state that 

is disproportionately affected by a new standard will be eligible, 

under this section, for additional funds from the SRF program to 

ensure that prioritizing projects for the new system does not limit 

funding for other projects. 

These funding priorities will replace the current small system 

variance mechanism. This section is designed to direct SRF funds 

to help make new standards affordable for all systems and customers. 

Section 15. Focus on lifecycle costs 

This section will require the Administrator to look at the lifecycle 

costs, including maintenance, replacement, and avoided costs, in 

determining what technologies are feasible for new standards. 


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Section 16. Enforcement 

This section will amend the enforcement provisions of the Safe 

Drinking Water Act to ensure that technical assistance is provided 

to bring systems into compliance where deemed appropriate by the 

Administrator, and require the Administrator to promulgate regulations concerning the number, frequency, and types of inspections 

that should be conducted to ensure water systems with violations 

achieve and maintain compliance. 

Section 17. Reducing lead in drinking water 

This section amends existing provisions in section 1417 of the 

Safe Drinking Water Act related to lead fixtures and to change the 

legal definition of ‘‘lead-free’’ from 8% lead to 0.25% lead in wetted 

surfaces. 

The existing provisions on lead fixtures include a requirement for 

the Administrator to provide technical information and assistance 

to qualified third party certifiers for the development of voluntary 

standards and testing protocols for lead leaching. Nothing in this 

Act is intended to amend or abridge that direction. 

The Committee is aware that the Administrator has relied on 

third party certification in other programs, such as WaterSense, 

and nothing in this Act is intended to bar the Administrator from 

making use of third party certification for lead content. 

Importantly, this section provides 36 months for this new provision to take effect once this bill becomes enacted. The Committee 

believes, based on the assurances of manufacturers and distributors of faucets that would meet this standard, that this time frame 

is appropriate to provide adequate time for the infrastructure necessary to machine compliant piping and faucets for the national 

market. 

Section 18. Endocrine disruptor screening program 

The Committee is interested in knowing more about the possible 

presence and potential ramifications of endocrine disrupting chemicals in drinking water and any impact they may have on the health 

of persons. This section amends section 1457 of the Safe Drinking 

Water Act to update its screening and testing program for this specific area and thereby help inform EPA’s efforts to protect public 

health. 

The Committee is aware that the Endocrine Disrupter Screening 

Program (EDSP) currently utilizes a two-tiered screening and testing protocol. The ‘‘screen,’’ known as Tier 1, is a battery of assays 

intended to screen substances to identify whether they have the potential to interact with the endocrine system. A showing that a 

substance may interact with an endocrine system does not mean 

that the substance will cause adverse effects in humans or ecological systems. The program’s Tier 2 ‘‘testing’’ is a combination of assays intended to determine what, if any, endocrine-related adverse 

effects are caused by each chemical substance or mixture and obtain information about these effects at various doses. 

In choosing its definition of ‘‘testing’’ the Committee included 

both the elements of screening and testing described above. 

The Committee, however, chose not to create statutory definitions of ‘‘Tier 1’’ and ‘‘Tier 2’’ as experts believe that future advances in technology could result in screening and testing being 


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12See, e.g., Testimony of Jim Jones, Deputy Assistant Administrator, Office of Prevention, 

Pesticides and Toxic Substances, Environmental Protection Agency, Subcommittee on Energy 

and Environment, Hearing on Endocrine Disrupting Chemicals in Drinking Water: Risks to 

Human Health and the Environment (Feb. 25, 2010) (discussing advancements in methodologies). 

conducted simultaneously, with the potential for these tiers to be 

collapsed into one combined set of assays. The definition chosen by 

the Committee reflects the possibility that future advances in technology could result in newer and more effective screening and testing methodologies that may not fit neatly into today’s definitions.12

It is the Committee’s expectation that until such time when existing protocols are revised, EPA will continue to utilize the EDSP’s 

existing policies and procedures. 

The Committee did not limit the scope of endocrine-related effects in the definitions in this section to those effects determined 

to be ‘‘adverse,’’ though it is the understanding of the Committee 

that any examination of adverse effects would be included in the 

Tier 2 testing protocols developed. The Committee made this decision in recognition of the fact that the EDSP should be an effort 

to understand all effects of substances on the endocrine system. 

The Committee expects that regulatory decision-making regarding 

endocrine disrupting substances will continue to be based on the 

presence of adverse effects, using legislatively mandated risk-based 

criteria. Nothing in the definitions of endocrine disruptor or testing, contained in this section, is intended to alter any such criteria. 

The Committee is aware that there are numerous sources of scientific information regarding endocrine disruption, including results of studies generated by industry, academia and government 

institutions. The Administrator should take into consideration all 

sources of information when determining if substances need to be 

screened under this program, and should make use of best available science in prioritizing selection of substances. If the Administrator determines that a substance has already undergone equivalent screening or testing or has sufficient information that would 

render results of the program to be duplicative, EPA does not need 

to run the substance through the EDSP. The Administrator may 

also determine that data available for a substance would suffice for 

the ‘‘screening’’ portion of the program, and in this instance the Administrator may choose to only run the substance through the 

‘‘testing’’ assays that would determine the endocrine-related effects 

at various doses. 

The Committee is aware that EPA recently issued test orders for 

67 substances under the EDSP. The Committee is also aware that 

EPA is currently engaged in the identification of 100 additional 

substances for testing that this section of the bill requires EPA to 

identify, and that EPA plans, in the near future, to issue test orders for the testing of these 100 substances. Nothing in this section 

is intended to require EPA to restart, repeat, or delay its ongoing 

work. 

Section 19. Presence of pharmaceuticals and personal care products 

in sources of drinking water 

This section requires the Administrator to carry out a study on 

the presence of pharmaceuticals and personal care products in 

sources of drinking water. 


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Section 20. Electronic reporting of compliance monitoring data to 

the Administrator 

This section requires the Administrator to promulgate a rule, no 

later than 12 months after the date of enactment of the AQUA Act, 

to require electronic submission of compliance monitoring data by 

water systems and to U.S. EPA or states with primary enforcement 

authority and further from states with primary enforcement authority to U.S. EPA. 

EXPLANATION OF AMENDMENTS

Two amendments were adopted during Committee consideration 

of H.R. 5320. The amendment offered by Representative Rush directs the Administrator to issue a regulation within 12 months of 

enactment to require electronic submission of monitoring and compliance data by water systems. The amendment offered by Representatives Sutton, Murphy of Connecticut, Braley, Doyle, and 

Murphy of Pennsylvania requires water systems receiving funds 

from the SRF to purchase iron, steel, and manufactured goods produced in the United States. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SAFE DRINKING WATER ACT 

TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS 

SHORT TITLE

SEC. 1400. This title may be cited as the ‘‘Safe Drinking Water 

Act’’. 

PART A—DEFINITIONS

DEFINITIONS

SEC. 1401. For purposes of this title: 

(1) * * * 

* * * * * * * 

(17) RESTRUCTURING.—The term ‘‘restructuring’’ means 

changes in operations (including ownership, management, cooperative partnerships, joint purchasing arrangements, consolidation, and alternative water supply). 

PART B—PUBLIC WATER SYSTEMS

* * * * * * * 

NATIONAL DRINKING WATER REGULATIONS

SEC. 1412. (a) * * * 

(b) STANDARDS.— 


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(1) * * * 

* * * * * * * 

(4) GOALS AND STANDARDS.— 

(A) * * * 

* * * * * * * 

(D) DEFINITION OF FEASIBLE.—For the purposes of this 

subsection, the term ‘‘feasible’’ means feasible with the use 

of the best technology, treatment techniques and other 

means which the Administrator finds, after examination 

for efficacy under field conditions and not solely under laboratory conditions, are available (øtaking cost into consideration¿ taking lifecycle costs, including maintenance, replacement, and avoided costs, into consideration). For the 

purpose of this paragraph, granular activated carbon is 

feasible for the control of synthetic organic chemicals, and 

any technology, treatment technique, or other means found 

to be the best available for the control of synthetic organic 

chemicals must be at least as effective in controlling synthetic organic chemicals as granular activated carbon. 

(E) FEASIBLE TECHNOLOGIES.— (i) * * * 

(ii) LIST OF TECHNOLOGIES FOR SMALL SYSTEMS.— The Administrator shall include in the list any technology, treatment technique, or other means that is affordable, as determined by the Administrator in consultation with the States, taking lifecycle costs, including maintenance, replacement, and avoided costs, into 

consideration, for small public water systems serving— 

(I) * * * 

* * * * * * * 

and that achieves compliance with the maximum contaminant level or treatment technique, including packaged or modular systems and point-of-entry or pointof-use treatment units. Point-of-entry and point-of-use 

treatment units shall be owned, controlled and maintained by the public water system or by a person 

under contract with the public water system to ensure 

proper operation and maintenance and compliance 

with the maximum contaminant level or treatment 

technique and equipped with mechanical warnings to 

ensure that customers are automatically notified of 

operational problems. The Administrator shall not include in the list any point-of-use treatment technology, 

treatment technique, or other means to achieve compliance with a maximum contaminant level or treatment technique requirement for a microbial contaminant (or an indicator of a microbial contaminant). If 

the American National Standards Institute has issued 

product standards applicable to a specific type of 

point-of-entry or point-of-use treatment unit, individual units of that type shall not be accepted for compliance with a maximum contaminant level or treatVerDate Mar 15 2010 05:14 Jul 03, 2010 Jkt 089006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6601 E:\HR\OC\HR524.XXX HR524

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ment technique requirement unless they are independently certified in accordance with such standards. In 

listing any technology, treatment technique, or other 

means pursuant to this clause, the Administrator shall 

consider the quality of the source water to be treated. 

If no technology, treatment technique, or other means 

is included in a list under this subparagraph for a category of small public water systems, the Administrator 

shall periodically review the list and supplement it 

when new technology becomes available. 

* * * * * * * 

ø(15) VARIANCE TECHNOLOGIES.— ø(A) IN GENERAL.—At the same time as the Administrator promulgates a national primary drinking water regulation for a contaminant pursuant to this section, the Administrator shall issue guidance or regulations describing 

the best treatment technologies, treatment techniques, or 

other means (referred to in this paragraph as ‘‘variance 

technology’’) for the contaminant that the Administrator 

finds, after examination for efficacy under field conditions 

and not solely under laboratory conditions, are available 

and affordable, as determined by the Administrator in consultation with the States, for public water systems of varying size, considering the quality of the source water to be 

treated. The Administrator shall identify such variance 

technologies for public water systems serving— 

ø(i) a population of 10,000 or fewer but more than 

3,300; 

ø(ii) a population of 3,300 or fewer but more than 

500; and 

ø(iii) a population of 500 or fewer but more than 25, 

if, considering the quality of the source water to be treated, no treatment technology is listed for public water systems of that size under paragraph (4)(E). Variance technologies identified by the Administrator pursuant to this 

paragraph may not achieve compliance with the maximum 

contaminant level or treatment technique requirement of 

such regulation, but shall achieve the maximum reduction 

or inactivation efficiency that is affordable considering the 

size of the system and the quality of the source water. The 

guidance or regulations shall not require the use of a technology from a specific manufacturer or brand. 

ø(B) LIMITATION.—The Administrator shall not identify 

any variance technology under this paragraph, unless the 

Administrator has determined, considering the quality of 

the source water to be treated and the expected useful life 

of the technology, that the variance technology is protective of public health. 

ø(C) ADDITIONAL INFORMATION.—The Administrator 

shall include in the guidance or regulations identifying 

variance technologies under this paragraph any assumptions supporting the public health determination referred 

to in subparagraph (B), where such assumptions concern 

the public water system to which the technology may be 

applied, or its source waters. The Administrator shall proVerDate Mar 15 2010 05:14 Jul 03, 2010 Jkt 089006 PO 00000 Frm 00032 Fmt 6659 Sfmt 6601 E:\HR\OC\HR524.XXX HR524

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vide any assumptions used in determining affordability, 

taking into consideration the number of persons served by 

such systems. The Administrator shall provide as much reliable information as practicable on performance, effectiveness, limitations, costs, and other relevant factors including the applicability of variance technology to waters from 

surface and underground sources. 

ø(D) REGULATIONS AND GUIDANCE.—Not later than 2 

years after the date of enactment of this paragraph and 

after consultation with the States, the Administrator shall 

issue guidance or regulations under subparagraph (A) for 

each national primary drinking water regulation promulgated prior to the date of enactment of this paragraph for 

which a variance may be granted under section 1415(e). 

The Administrator may, at any time after a national primary drinking water regulation has been promulgated, 

issue guidance or regulations describing additional variance technologies. The Administrator shall, not less often 

than every 7 years, or upon receipt of a petition supported 

by substantial information, review variance technologies 

identified under this paragraph. The Administrator shall 

issue revised guidance or regulations if new or innovative 

variance technologies become available that meet the requirements of this paragraph and achieve an equal or 

greater reduction or inactivation efficiency than the variance technologies previously identified under this subparagraph. No public water system shall be required to replace 

a variance technology during the useful life of the technology for the sole reason that a more efficient variance 

technology has been listed under this subparagraph.¿ 

* * * * * * * 

ENFORCEMENT OF DRINKING WATER REGULATIONS

SEC. 1414. (a)(1)(A) Whenever the Administrator finds during a 

period during which a State has primary enforcement responsibility for public water systems (within the meaning of section 

1413(a)) that any public water system— 

(i) * * * 

* * * * * * * 

he shall so notify the State and such public water system øand provide such advice and technical assistance to such State and public 

water system as may be appropriate to bring the system into compliance with the requirement by the earliest feasible time¿. 

(B) If, beyond the thirtieth day after the Administrator’s notification under subparagraph (A), the State has not commenced appropriate enforcement action, the Administrator shall issue an order 

under øsubsection (g)¿ subsection (h) requiring the public water 

system to comply with such applicable requirement or the Administrator shall commence a civil action under subsection (b). 

(C) At any time after providing notice of a violation to a State and 

public water system under subparagraph (A), the Administrator 

may provide such advice and technical assistance to such State and 

public water system as may be appropriate to bring the system into 

compliance with the requirement by the earliest feasible time. In deVerDate Mar 15 2010 05:14 Jul 03, 2010 Jkt 089006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6603 E:\HR\OC\HR524.XXX HR524

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ciding whether the provision of advice or technical assistance is appropriate, the Administrator may consider the potential for the violation to result in serious adverse effects to human health, whether 

the violation has occurred continuously or frequently, and the effectiveness of past technical assistance efforts. 

(2) ENFORCEMENT IN NONPRIMACY STATES.— (A) IN GENERAL.—If, on the basis of information available to 

the Administrator, the Administrator finds, with respect to a 

period in which a State does not have primary enforcement responsibility for public water systems, that a public water system in the State— 

(i) * * * 

* * * * * * * 

the Administrator shall issue an order under øsubsection (g)¿ 

subsection (h) requiring the public water system to comply with 

the requirement, or commence a civil action under subsection 

(b). 

(b) The Administrator may bring a civil action in the appropriate 

United States district court to require compliance with any applicable requirement, with an order issued under øsubsection (g)¿ subsection (h), or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 1415 or 

1416 if— 

(1) * * * 

* * * * * * * 

(c) NOTICE TO PERSONS SERVED.— (1) IN GENERAL.—Each owner or operator of a public water 

system shall give notice of each of the following to the persons 

served by the system: 

(A) * * * 

(B) If the public water system is subject to a variance 

granted under subsection (a)(1)(A), ø(a)(2), or (e)¿ or (a)(2) 

of section 1415 for an inability to meet a maximum contaminant level requirement or is subject to an exemption 

granted under section 1416, notice of— 

(i) * * * 

* * * * * * * 

(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLATIONS.— 

(1) IN GENERAL.—The Administrator shall, by regulation, and 

after consultation with the States, prescribe the number, frequency, and type of additional inspections to follow any violation requiring notice under subsection (c). Regulations under 

this subsection shall— 

(A) take into account— 

(i) differences between violations that are intermittent or infrequent and violations that are continuous or 

frequent; 

(ii) the seriousness of any potential adverse health effects that may be involved; and 

(iii) the number and severity of past violations by the 

public water system; and 

(B) specify procedures for inspections following a violation by a public water system that has the potential to have 


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serious adverse effects on human health as a result of 

short-term exposure. 

(2) STATE PRIMARY ENFORCEMENT RESPONSIBILITY.—Nothing 

in this subsection shall be construed or applied to modify the 

requirements of section 1413. 

ø(d)¿ (e) Whenever, on the basis of information available to him, 

the Administrator finds that within a reasonable time after national secondary drinking water regulations have been promulgated, one or more public water systems in a State do not comply 

with such secondary regulations, and that such noncompliance appears to result from a failure of such State to take reasonable action to assure that public water systems throughout such State 

meet such secondary regulations, he shall so notify the State. 

ø(e)¿ (f) Nothing in this title shall diminish any authority of a 

State or political subdivision to adopt or enforce any law or regulation respecting drinking water regulations or public water systems, 

but no such law or regulation shall relieve any person of any requirement otherwise applicable under this title. 

ø(f)¿ (g) If the Administrator makes a finding of noncompliance 

(described in subparagraph (A) or (B) of subsection (a)(1)) with respect to a public water system in a State which has primary enforcement responsibility, the Administrator may, for the purpose of 

assisting that State in carrying out such responsibility and upon 

the petition of such State or public water system or persons served 

by such system, hold, after appropriate notice, public hearings for 

the purpose of gathering information from technical or other experts, Federal, State, or other public officials, representatives of 

such public water system, persons served by such system, and 

other interested persons on— 

(1) * * * 

* * * * * * * 

ø(g)¿ (h)(1) * * * 

* * * * * * * 

ø(h)¿ (i) CONSOLIDATION INCENTIVE.— 

(1) * * * 

* * * * * * * 

ø(i)¿ (j) DEFINITION OF APPLICABLE REQUIREMENT.—In this section, the term ‘‘applicable requirement’’ means— 

(1) * * * 

* * * * * * * 

(k) ELECTRONIC REPORTING OF COMPLIANCE MONITORING DATA

TO THE ADMINISTRATOR.—The Administrator shall by rule establish 

requirements for— 

(1) electronic submission by public water systems of all compliance monitoring data— 

(A) to the Administrator; or 

(B) with respect to public water systems in a State which 

has primary enforcement responsibility under section 1413, 

to such State; and 

(2) electronic submission to the Administrator by each State 

which has primary enforcement responsibility under section 

1413 of all compliance monitoring data submitted to such State 

by public water systems pursuant to paragraph (1)(B). 


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VARIANCES

SEC. 1415. (a) * * * 

* * * * * * * 

ø(e) SMALL SYSTEM VARIANCES.— ø(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— 

ø(A) public water systems serving 3,300 or fewer persons; and 

ø(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. 

ø(2) AVAILABILITY OF VARIANCES.—A public water system 

may receive a variance pursuant to paragraph (1), if— 

ø(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; 

ø(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 

ø(C) the State in which the system is located determines 

that the conditions of paragraph (3) are met. 

ø(3) CONDITIONS FOR GRANTING VARIANCES.—A variance 

under this subsection shall be available only to a system— 

ø(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— 

ø(i) treatment; 

ø(ii) alternative source of water supply; or 

ø(iii) restructuring or consolidation (unless the Administrator (or the State in the case of a State that 

has primary enforcement responsibility under section 

1413) makes a written determination that restructuring or consolidation is not practicable); and 

ø(B) for which the Administrator (or the State in the 

case of a State that has primary enforcement responsibility under section 1413) determines that the terms of the 

variance ensure adequate protection of human health, considering the quality of the source water for the system and 

the removal efficiencies and expected useful life of the 

treatment technology required by the variance. 

ø(4) COMPLIANCE SCHEDULES.—A variance granted under 

this subsection shall require compliance with the conditions of 

the variance not later than 3 years after the date on which the 

variance is granted, except that the Administrator (or the 

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sponsibility under section 1413) may allow up to 2 additional 

years to comply with a variance technology, secure an alternative source of water, restructure or consolidate if the Administrator (or the State) determines that additional time is necessary for capital improvements, or to allow for financial assistance provided pursuant to section 1452 or any other Federal or State program. 

ø(5) DURATION OF VARIANCES.—The Administrator (or the 

State in the case of a State that has primary enforcement responsibility under section 1413) shall review each variance 

granted under this subsection not less often than every 5 years 

after the compliance date established in the variance to determine whether the system remains eligible for the variance and 

is conforming to each condition of the variance. 

ø(6) INELIGIBILITY FOR VARIANCES.—A variance shall not be 

available under this subsection for— 

ø(A) any maximum contaminant level or treatment technique for a contaminant with respect to which a national 

primary drinking water regulation was promulgated prior 

to January 1, 1986; or 

ø(B) a national primary drinking water regulation for a 

microbial contaminant (including a bacterium, virus, or 

other organism) or an indicator or treatment technique for 

a microbial contaminant. 

ø(7) REGULATIONS AND GUIDANCE.— ø(A) IN GENERAL.—Not later than 2 years after the date 

of enactment of this subsection and in consultation with 

the States, the Administrator shall promulgate regulations 

for variances to be granted under this subsection. The regulations shall, at a minimum, specify— 

ø(i) procedures to be used by the Administrator or a 

State to grant or deny variances, including requirements for notifying the Administrator and consumers 

of the public water system that a variance is proposed 

to be granted (including information regarding the 

contaminant and variance) and requirements for a 

public hearing on the variance before the variance is 

granted; 

ø(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; 

ø(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 

ø(iv) information requirements for variance applications. 

ø(B) AFFORDABILITY CRITERIA.—Not later than 18 

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 


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to assist the States in developing affordability criteria. The 

affordability criteria shall be reviewed by the States not 

less often than every 5 years to determine if changes are 

needed to the criteria. 

ø(8) REVIEW BY THE ADMINISTRATOR.— ø(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. 

ø(B) NOTICE AND PUBLICATION.—If 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. 

ø(9) APPROVAL OF VARIANCES.—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 variance. 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 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. 

ø(10) OBJECTIONS TO VARIANCES.— ø(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 

of a variance, the Administrator shall notify the State in 

writing of each basis for the objection and propose a modification to the variance to resolve the concerns of the Administrator. The State shall make the recommended modification or respond in writing to each objection. If the State 

issues the variance without resolving the concerns of the 

Administrator, the Administrator may overturn the State 

decision to grant the variance if the Administrator determines that the State decision does not comply with this 

subsection. 

ø(B) PETITION BY CONSUMERS.—Not later than 30 days 

after a State exercising primary enforcement responsibility 

for public water systems under section 1413 proposes to 

grant a variance for a public water system, any person 

served by the system may petition the Administrator to object to the granting of a variance. The Administrator shall 

respond to the petition and determine whether to object to 


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the variance under subparagraph (A) not later than 60 

days after the receipt of the petition. 

ø(C) TIMING.—No variance shall be granted by a State 

until the later of the following: 

ø(i) 90 days after the State proposes to grant a variance. 

ø(ii) If the Administrator objects to the variance, the 

date on which the State makes the recommended 

modifications or responds in writing to each objection.¿ 

* * * * * * * 

PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX

SEC. 1417. (a) IN GENERAL.— 

(1) * * * 

* * * * * * * 

(4) EXEMPTIONS.—The prohibitions in paragraphs (1) and (3) 

shall not apply to— 

(A) pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for 

nonpotable services such as manufacturing, industrial 

processing, irrigation, outdoor watering, or any other uses 

where the water is not anticipated to be used for human 

consumption; or 

(B) toilets, bidets, urinals, fill valves, flushometer valves, 

tub fillers, shower valves, service saddles, or water distribution main gate valves that are 2 inches in diameter or larger. 

* * * * * * * 

ø(d) DEFINITION OF LEAD FREE.—For purposes of this section, the 

term ‘‘lead free’’— 

ø(1) when used with respect to solders and flux refers to solders and flux containing not more than 0.2 percent lead; 

ø(2) when used with respect to pipes and pipe fittings refers 

to pipes and pipe fittings containing not more than 8.0 percent 

lead; and 

ø(3) when used with respect to plumbing fittings and fixtures, refers to plumbing fittings and fixtures in compliance 

with standards established in accordance with subsection (e).¿ 

(d) DEFINITION OF LEAD FREE.— 

(1) IN GENERAL.—For the purposes of this section, the term 

‘‘lead free’’ means— 

(A) not containing more than 0.2 percent lead when used 

with respect to solder and flux; and 

(B) not more than a weighted average of 0.25 percent 

lead when used with respect to the wetted surfaces of pipes, 

pipe fittings, plumbing fittings, and fixtures. 

(2) CALCULATION.—The weighted average lead content of a 

pipe, pipe fitting, plumbing fitting, or fixture shall be calculated 

by using the following formula: For each wetted component, the 

percentage of lead in the component shall be multiplied by the 

ratio of the wetted surface area of that component to the total 

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ed percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, 

and the sum of these weighted percentages shall constitute the 

weighted average lead content of the product. The lead content 

of the material used to produce wetted components shall be 

used to determine compliance with paragraph (1)(B). For lead 

content of materials that are provided as a range, the maximum 

content of the range shall be used. 

* * * * * * * 

PART E—GENERAL PROVISIONS

* * * * * * * 

RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, TRAINING OF

PERSONNEL

SEC. 1442. (a)(1) * * * 

* * * * * * * 

(11) PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN SOURCES OF DRINKING WATER.— 

(A) STUDY.—The Administrator shall carry out a study on the 

presence of pharmaceuticals and personal care products in 

sources of drinking water, which shall— 

(i) identify pharmaceuticals and personal care products 

that have been detected in sources of drinking water and 

the levels at which such pharmaceuticals and personal care 

products have been detected; 

(ii) identify the sources of pharmaceuticals and personal 

care products in sources of drinking water, including point 

sources and nonpoint sources of pharmaceutical and personal care products; 

(iii) identify the effects of such products on humans, the 

environment, and the safety of drinking water; and 

(iv) identify methods to control, limit, treat, or prevent 

the presence of such products. 

(B) CONSULTATION.—The Administrator shall conduct the 

study described in subparagraph (A) in consultation with the 

Secretary of Health and Human Services (acting through the 

Commissioner of Food and Drugs), the Director of the United 

States Geological Survey, the heads of other appropriate Federal agencies (including the National Institute of Environmental Health Sciences), and other interested stakeholders (including manufacturers of pharmaceuticals and personal care 

products and consumer groups and advocates). 

(C) REPORT.—Not later than 2 years after the date of the enactment of this paragraph, the Administrator shall submit to 

the Congress a report on the results of the study carried out 

under this paragraph. 

(D) DEFINITIONS.—In this paragraph: 

(i) The term ‘‘personal care product’’ has the meaning 

given the term ‘‘cosmetic’’ in section 201 of the Federal 

Food, Drug, and Cosmetic Act. 


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(ii) The term ‘‘pharmaceutical’’ has the meaning given the 

term ‘‘drug’’ in section 201 of the Federal Food, Drug, and 

Cosmetic Act. 

* * * * * * * 

ø(e) TECHNICAL ASSISTANCE.—The Administrator may provide 

technical assistance to small public water systems to enable such 

systems to achieve and maintain compliance with applicable national primary drinking water regulations. Such assistance may include circuit-rider and multi-State regional technical assistance 

programs, training, and preliminary engineering evaluations. The 

Administrator shall ensure that technical assistance pursuant to 

this subsection is available in each State. Each nonprofit organization receiving assistance under this subsection shall consult with 

the State in which the assistance is to be expended or otherwise 

made available before using assistance to undertake activities to 

carry out this subsection. There are authorized to be appropriated 

to the Administrator to be used for such technical assistance 

$15,000,000 for each of the fiscal years 1997 through 2003. No portion of any State loan fund established under section 1452 (relating 

to State loan funds) and no portion of any funds made available 

under this subsection may be used for lobbying expenses. Of the 

total amount appropriated under this subsection, 3 percent shall be 

used for technical assistance to public water systems owned or operated by Indian Tribes.¿ 

(e) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—The Administrator, directly or through 

grants or cooperative agreements with nonprofit organizations, 

may provide technical assistance to small public water systems 

to enable such systems to achieve and maintain compliance 

with applicable national primary drinking water regulations. 

(2) TYPES OF ASSISTANCE.—Technical assistance under paragraph (1) may include onsite technical assistance and compliance assistance; circuit-rider and multi-State regional technical 

assistance programs; training; assistance with implementing 

source water protection programs; assistance with increasing 

water or energy efficiency; assistance with designing, installing, 

or operating sustainable energy infrastructure to produce or 

capture sustainable energy on site or through water transport; 

assistance with developing technical, financial, and managerial 

capacity; assistance with long-term infrastructure planning; assistance with applying for funds from a State loan fund under 

section 1452; and assistance with implementation of monitoring 

plans, rules, regulations, and water security enhancements. 

(3) PRIORITY.—In providing assistance under this subsection, 

the Administrator shall give priority to assistance that will promote compliance with national primary drinking water standards, public health protection, and long-term sustainability of 

small public water systems. In awarding grants and cooperative assistance under paragraph (1) to nonprofit organizations, 

the Administrator shall (subject to the preceding sentence) give 

greater weight to nonprofit organizations that, as determined by 

the Administrator, are most qualified and most effective and 

that, as determined by the Administrator using information 

where available, are providing the types of technical assistance 

that are preferred by small public water systems. 


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(4) COMPETITIVE PROCEDURES.—It is the presumption of Congress that any award of assistance under this subsection will be 

awarded using competitive procedures based on merit. If assistance is awarded under this subsection using procedures other 

than competitive procedures, the Administrator shall submit to 

the Congress, within 90 days of the award decision, a report explaining why competitive procedures were not used. 

(5) FUNDING.— 

(A) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection 

$20,000,000 for each of fiscal years 2011 through 2015. 

(B) PROHIBITION ON EARMARKS.—No funds made available under this subsection may be used to carry out a provision or report language included primarily at the request 

of a Member, Delegate, Resident Commissioner, or Senator 

providing, authorizing, or recommending a specific amount 

of discretionary budget authority, credit authority, or other 

spending authority for a contract, loan, loan guarantee, 

grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional 

district, other than through a statutory or administrative 

formula-driven or competitive award process. 

(C) LOBBYING EXPENSES.—No portion of any State loan 

fund established under section 1452 and no portion of any 

funds made available under this subsection may be used 

for lobbying expenses. 

(D) INDIAN TRIBES.—Of the total amount made available 

under this section for each fiscal year, 3 percent shall be 

used for technical assistance to public water systems owned 

or operated by Indian Tribes. 

* * * * * * * 

JUDICIAL REVIEW

SEC. 1448. (a) A petition for review of— 

(1) * * * 

* * * * * * * 

Any such petition shall be filed within the 45-day period beginning 

on the date of the promulgation of the regulation or any other final 

Agency action with respect to which review is sought or on the date 

of the determination with respect to which review is sought, and 

may be filed after the expiration of such 45-day period if the petition is based solely on grounds arising after the expiration of such 

period. Action of the Administrator with respect to which review 

could have been obtained under this subsection shall not be subject 

to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement. In any petition 

concerning the assessment of a civil penalty pursuant to section 

ø1414(g)(3)(B)¿ 1414(h)(3)(B), the petitioner shall simultaneously 

send a copy of the complaint by certified mail to the Administrator 

and the Attorney General. The court shall set aside and remand 

the penalty order if the court finds that there is not substantial 

evidence in the record to support the finding of a violation or that 


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the assessment of the penalty by the Administrator constitutes an 

abuse of discretion. 

* * * * * * * 

GENERAL PROVISIONS

SEC. 1450. (a) * * * 

* * * * * * * 

ø(e) The Administrator shall take such action as may be necessary to assure compliance with provisions of the Act of March 3, 

1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a–276a(5)). The 

Secretary of Labor shall have, with respect to the labor standards 

specified in this subsection, the authority and functions set forth in 

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 

1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).¿ 

(e) LABOR STANDARDS.— (1) IN GENERAL.—The Administrator shall take such action 

as the Administrator determines to be necessary to ensure that 

each laborer and mechanic employed by a contractor or subcontractor in connection with a construction project financed, in 

whole or in part, by a grant, loan, loan guarantee, refinancing, 

or any other form of financial assistance provided under this 

title (including assistance provided by a State loan fund established under section 1452) is paid wages at a rate of not less 

than the wages prevailing for the same type of work on similar 

construction in the immediate locality, as determined by the 

Secretary of Labor in accordance with subchapter IV of chapter 

31 of title 40, United States Code. 

(2) AUTHORITY OF SECRETARY OF LABOR.—With respect to the 

labor standards specified in this subsection, the Secretary of 

Labor shall have the authority and functions established in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and 

section 3145 of title 40, United States Code. 

* * * * * * * 

STATE REVOLVING LOAN FUNDS

SEC. 1452. (a) GENERAL AUTHORITY.— 

(1) GRANTS TO STATES TO ESTABLISH STATE LOAN FUNDS.— 

(A) * * * 

* * * * * * * 

(E) REALLOTMENT.—The grants not obligated by the last 

day of the period for which the grants are available shall 

be reallotted according to the appropriate criteria set forth 

in subparagraph (D), øexcept that the Administrator may 

reserve¿ except that— 

(i) in any year in which enforcement of a new national primary drinking water standard begins, the 

Administrator may use the remaining amount to make 

grants to States whose public water systems are disproportionately affected by the new standard for the 

provision of assistance under subsection (d) to such 

public water systems; 


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(ii) the Administrator may reserve and allocate 10 

percent of the remaining amount for financial assistance to Indian Tribes in addition to the amount allotted under subsection (i) øand none of the funds reallotted¿; and 

(iii) none of the funds reallotted by the Administrator shall be reallotted to any State that has not obligated all sums allotted to the State pursuant to this 

section during the period in which the sums were 

available for obligation. 

* * * * * * * 

(2) USE OF FUNDS.—øExcept as otherwise¿ 

(A) IN GENERAL.—Except as otherwise authorized by this 

title, amounts deposited in a State loan fund, including 

loan repayments and interest earned on such amounts, 

shall be used only for providing loans or loan guarantees, 

or as a source of reserve and security for leveraged loans, 

the proceeds of which are deposited in a State loan fund 

established under paragraph (1), or other financial assistance authorized under this section to community water 

systems and nonprofit noncommunity water systems, other 

than systems owned by Federal agencies. øFinancial assistance under this section¿ 

(B) PERMISSIBLE EXPENDITURES.—Financial assistance 

under this section may be used by a public water system 

only for expenditures ø(not¿ (including expenditures for 

planning, design, siting, and associated preconstruction activities, for replacing or rehabilitating aging treatment, 

storage, or distribution facilities of public water systems, or 

for producing or capturing sustainable energy on site or 

through the transportation of water through the public 

water system, but not including monitoring, operation, and 

maintenance expenditures) of a type or category which the 

Administrator has determined, through guidance, will facilitate compliance with national primary drinking water 

regulations applicable to the system under section 1412 or 

otherwise significantly further the health protection objectives of this title. øThe funds may also be used¿ 

(C) SALE OF BONDS.—If a State issues revenue or general 

obligation bonds to provide all or part of the State contribution required by subsection (e), and the proceeds of the 

sale of such bonds will be deposited into the State loan 

fund— 

(i) financial assistance made available under this 

section may be used by the State as security for payment of the principal and interest on such bonds; and 

(ii) interest earnings of the State loan fund may be 

used by the State as revenue for payment of the principal and interest on such bonds. 

(D) CERTAIN LOANS.—Financial assistance under this 

section may also be used to provide loans to a system referred to in section 1401(4)(B) for the purpose of providing 

the treatment described in section 1401(4)(B)(i)(III). øThe 

funds shall not be used¿ 


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(E) LIMITATION.—Financial assistance under this section 

shall not be used for the acquisition of real property or interests therein, unless the acquisition is integral to a 

project authorized by this paragraph and the purchase is 

from a willing seller. øOf the amount credited¿ 

(F) SET-ASIDE.—Of the amount credited to any State loan 

fund established under this section in any fiscal year, 15 

percent shall be available solely for providing loan assistance to public water systems which regularly serve fewer 

than 10,000 persons to the extent such funds can be obligated for eligible projects of public water systems. 

(3) LIMITATION.— 

(A) * * * 

(B) RESTRUCTURING.—A public water system described 

in subparagraph (A) may receive assistance under this section if— 

(i) * * * 

(ii) if subparagraph (A)(i) applies to the system, the 

owner or operator of the system agrees to undertake 

feasible and appropriate øchanges in operations (including ownership, management, accounting, rates, 

maintenance, consolidation, alternative water supply, 

or other procedures)¿ restructuring if the State determines that the measures are necessary to ensure that 

the system has the technical, managerial, and financial capability to comply with the requirements of this 

title over the long term. 

* * * * * * * 

(4) REQUIREMENTS FOR USE OF AMERICAN MATERIALS.— 

(A) IN GENERAL.—Notwithstanding any other provision of 

law, none of the funds made available by a State loan fund 

as authorized under this section may be used for a project 

for the construction, alteration, maintenance, or repair of a 

public water system unless the steel, iron, and manufactured goods used in such project are produced in the 

United States. 

(B) EXCEPTIONS.—Subparagraph (A) shall not apply in 

any case in which the Administrator (in consultation with 

the Governor of the State) finds that— 

(i) applying subparagraph (A) would be inconsistent 

with the public interest; 

(ii) steel, iron, and manufactured goods are not produced in the United States in sufficient and reasonably 

available quantities and of a satisfactory quality; or 

(iii) inclusion of steel, iron, and manufactured goods 

produced in the United States will increase the cost of 

the overall project by more than 25 percent. 

(C) PUBLIC NOTIFICATION AND WRITTEN JUSTIFICATION

FOR WAIVER.—If the Administrator determines that it is 

necessary to waive the application of subparagraph (A) 

based on a finding under subparagraph (B), the Administrator shall— 

(i) not less than 15 days prior to waiving application 

of subparagraph (A), provide public notice and the opVerDate Mar 15 2010 05:14 Jul 03, 2010 Jkt 089006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6603 E:\HR\OC\HR524.XXX HR524

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portunity to comment on the Administrator’s intent to 

issue such waiver; and 

(ii) upon issuing such waiver, publish in the Federal 

Register a detailed written justification as to why the 

provision is being waived. 

(D) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.— 

This paragraph shall be applied in a manner consistent 

with United States obligations under international agreements. 

(b) INTENDED USE PLANS.— 

(1) * * * 

(2) CONTENTS.—An intended use plan shall include— 

(A) * * * 

(B) the criteria and methods established for the distribution of funds; øand¿ 

(C) a description of the financial status of the State loan 

fund and the short-term and long-term goals of the State 

loan fundø.¿; and 

(D) a list of all water systems within the State that have 

in effect an exemption or variance for any national primary 

drinking water regulation or that are in persistent violation 

of the requirements for any maximum contaminant level or 

treatment technique under a national primary drinking 

water regulation, including identification of— 

(i) the national primary drinking water regulation in 

question for each such exemption, variance, or violation; and 

(ii) the date on which the exemption or variance 

came into effect or the violation began. 

(3) USE OF FUNDS.— 

(A) IN GENERAL.—An intended use plan shall provide, to 

the maximum extent practicable, that priority for the use 

of funds be given to projects that— 

(i) * * * 

(ii) are necessary to ensure compliance with the requirements of this title (including requirements for filtration); øand¿ 

(iii) assist systems most in need on a per household 

basis according to State affordability criteriaø.¿; and 

(iv) improve the ability of systems to protect human 

health and comply with the requirements of this title 

affordably in the future. 

(B) AFFORDABILITY OF NEW STANDARDS.—For any year in 

which enforcement begins for a new national primary 

drinking water standard, each State that has entered into 

a capitalization agreement pursuant to this section shall 

evaluate whether capital improvements required to meet the 

standard are affordable for disadvantaged communities in 

the State. If the State finds that such capital improvements 

do not meet affordability criteria for disadvantaged communities in the State, the State’s intended use plan shall 

provide that priority for the use of funds for such year be 

given to public water systems affected by the standard and 

serving disadvantaged communities. 


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(C) WEIGHT GIVEN TO APPLICATIONS.—After determining 

priority under subparagraphs (A) and (B), an intended use 

plan shall provide that the State will give greater weight 

to an application for assistance if the application contains— 

(i) a description of measures undertaken by the system to improve the management and financial stability 

of the system, which may include— 

(I) an inventory of assets, including a description 

of the condition of the assets; 

(II) a schedule for replacement of assets; 

(III) an audit of water losses; 

(IV) a financing plan that factors in all lifecycle 

costs indicating sources of revenue from ratepayers, grants, bonds, other loans, and other 

sources to meet the costs; and 

(V) a review of options for restructuring; 

(ii) a demonstration of consistency with State, regional, and municipal watershed plans; 

(iii) a water conservation plan consistent with guidelines developed for such plans by the Administrator 

under section 1455(a); and 

(iv) a description of measures undertaken by the system to improve the efficiency of the system or reduce 

the system’s environmental impact, which may include— 

(I) water efficiency or conservation, including the 

rehabilitation or replacement of existing leaking 

pipes; 

(II) use of reclaimed water; 

(III) actions to increase energy efficiency; 

(IV) actions to generate or capture sustainable 

energy on site or through the transportation of 

water through the system; 

(V) actions to protect source water; 

(VI) actions to mitigate or prevent corrosion, including design, selection of materials, selection of 

coating, and cathodic protection; and 

(VII) actions to reduce disinfection byproducts. 

ø(B)¿ (D) LIST OF PROJECTS.—Each State shall, after notice and opportunity for public comment, publish and øperiodically¿ at least biennially update a list of projects in 

the State that are eligible for assistance under this section, 

including the priority assigned to each project and, to the 

extent known, the expected funding schedule for each 

project. 

(E) ASSISTANCE TO INCREASE COMPLIANCE.—A State’s intended use plan shall provide that, of the funds received by 

the State through a capitalization grant under this section 

for a fiscal year, the State will, to the extent that there are 

sufficient eligible project applications, reserve not less than 

6 percent to be spent on assistance under subsection (d) to 

public water systems included in the State’s most recent list 

under paragraph (2)(D). 

* * * * * * * 


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(d) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.— 

(1) LOAN SUBSIDY.—Notwithstanding any other provision of 

this section, in any case in which the State makes a loan pursuant to subsection (a)(2) to a disadvantaged community or to 

a community that the State expects to become a disadvantaged 

community as the result of a proposed project, the State may 

provide additional subsidization (including forgiveness of principal). Such additional subsidization shall directly and primarily benefit the disadvantaged community. 

* * * * * * * 

(3) DEFINITION OF DISADVANTAGED COMMUNITY.—In this subsection, the term ‘‘disadvantaged community’’ means the service area, or portion of a service area, of a public water system 

that meets affordability criteria established after public review 

and comment by the State in which the public water system 

is located. The Administrator may publish information to assist 

States in establishing affordability criteria. Each State that has 

entered into a capitalization agreement pursuant to this section 

shall, in establishing affordability criteria, consider, solicit public comment on, and include as appropriate— 

(A) the methods or criteria that the State will use to identify disadvantaged communities; 

(B) a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local level 

that affect identified affordability criteria; and 

(C) a description of how the State will use the authorities 

and resources under this subsection to assist communities 

meeting the identified criteria. 

* * * * * * * 

(g) ADMINISTRATION OF STATE LOAN FUNDS.— (1) * * * 

(2) COST OF ADMINISTERING FUND.—Each State may annually 

use øup to 4 percent of the funds allotted to the State under 

this section¿, for each fiscal year, an amount that does not exceed the sum of the amount of any fees collected by the State 

for use in covering reasonable costs of administration of programs under this section, regardless of the source, and an 

amount equal to the greatest of $400,000, 1/5 of one percent of 

the current valuation of the State loan fund, or 6 percent of all 

grant awards to the State loan fund under this section for the 

fiscal year, to cover the reasonable costs of administration of 

the programs under this section, including the recovery of reasonable costs expended to establish a State loan fund which 

are incurred after the date of enactment of this section, and to 

provide technical assistance to public water systems within the 

State. For fiscal year 1995 and each fiscal year thereafter, each 

State may use up to an additional 10 percent of the funds allotted to the State under this section— 

(A) * * * 

* * * * * * * 

(D) for an operator certification program for purposes of 

meeting the requirements of section ø1419, 


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if the State matches the expenditures with at least an equal 

amount of State funds. At least half of the match must be additional to the amount expended by the State for public water 

supervision in fiscal year 1993.¿ 1419. An additional ø2 percent¿ 4 percent of the funds annually allotted to each State 

under this section may be used by the State to provide technical assistance to public water systems serving 10,000 or 

fewer persons in the State. Funds utilized under subparagraph 

(B) shall not be used for enforcement actions. 

* * * * * * * 

(5) TRANSFER OF FUNDS.— 

(A) IN GENERAL.—The Governor of a State may— 

(i) reserve for any fiscal year not more than the lesser 

of— 

(I) 33 percent of a capitalization grant made 

under this section; or 

(II) 33 percent of a capitalization grant made 

under section 601 of the Federal Water Pollution 

Control Act; and 

(ii) add the funds so reserved to any funds provided 

to the State under this section or section 601 of the 

Federal Water Pollution Control Act. 

(B) STATE MATCHING FUNDS.—Funds reserved under this 

paragraph shall not be considered for purposes of calculating the amount of a State contribution required by subsection (e) of this section or section 602(b) of the Federal 

Water Pollution Control Act. 

* * * * * * * 

(j) OTHER AREAS.—Of the funds annually available under this 

section for grants to States, the Administrator shall make allotments in accordance with section 1443(a)(4) for the Virgin Islands, 

the Commonwealth of the Northern Mariana Islands, American 

Samoa, and Guam. The grants allotted as provided in this subsection may be provided by the Administrator to the governments 

of such areas, to public water systems in such areas, or to both, to 

be used for the public water system expenditures referred to in 

subsection (a)(2). The grants, and grants for the District of Columbia, shall not be deposited in State loan funds. The total allotment 

of grants under this section for all areas described in this subsection in any fiscal year shall not exceed ø0.33 percent¿ 1 percent 

of the aggregate amount made available to carry out this section 

in that fiscal year. 

* * * * * * * 

ø(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out the purposes of this section 

$599,000,000 for the fiscal year 1994 and $1,000,000,000 for each 

of the fiscal years 1995 through 2003. To the extent amounts authorized to be appropriated under this subsection in any fiscal year 

are not appropriated in that fiscal year, such amounts are authorized to be appropriated in a subsequent fiscal year (prior to the fiscal year 2004). Such sums shall remain available until expended.¿ 

(m) AUTHORIZATION OF APPROPRIATIONS.— 


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(1) IN GENERAL.—There are authorized to be appropriated to 

carry out this section— (A) $1,400,000,000 for fiscal year 2011; 

(B) $1,600,000,000 for fiscal year 2012; and 

(C) $1,800,000,000 for fiscal year 2013. 

(2) AVAILABILITY.—Amounts made available pursuant to this 

subsection shall remain available until expended. 

(3) RESERVATION FOR NEEDS SURVEYS.—Of the amount made 

available under paragraph (1) to carry out this section for a fiscal year, the Administrator may reserve not more than 

$1,000,000 per year to pay the costs of conducting needs surveys 

under subsection (h). 

* * * * * * * 

(r) SMALL SYSTEM GUIDANCE.—The Administrator may provide 

guidance and, as appropriate, tools, methodologies, or computer 

software, to assist small systems in undertaking measures to improve the management, financial stability, and efficiency of the system or reduce the system’s environmental impact. 

ø(r)¿ (s) EVALUATION.—The Administrator shall conduct an evaluation of the effectiveness of the State loan funds through fiscal 

year 2001. The evaluation shall be submitted to the Congress at 

the same time as the President submits to the Congress, pursuant 

to section 1108 of title 31, United States Code, an appropriations 

request for fiscal year 2003 relating to the budget of the Environmental Protection Agency. 

(t) NEGOTIATION OF CONTRACTS.—For community water systems 

serving communities with populations of more than 10,000 individuals, a contract to be carried out using funds made available 

through a capitalization grant under this section for program management, construction management, feasibility studies, preliminary 

engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner 

as— 

(1) a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; or 

(2) a contract subject to an equivalent State or local qualifications-based requirement (as determined by the Governor of the 

State). 

* * * * * * * 

øESTROGENIC SUBSTANCES SCREENING PROGRAM

øSEC. 1457. In addition to the substances referred to in section 

408(p)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 346a(p)(3)(B)) the Administrator may provide for testing 

under the screening program authorized by section 408(p) of such 

Act, in accordance with the provisions of section 408(p) of such Act, 

of any other substance that may be found in sources of drinking 

water if the Administrator determines that a substantial population may be exposed to such substance.¿ 

ENDOCRINE DISRUPTOR SCREENING PROGRAM

SEC. 1457. (a) TESTING OF SUBSTANCES.— 

(1) IN GENERAL.—In carrying out the screening program 

under section 408(p) of the Federal Food, Drug, and Cosmetic 


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Act, the Administrator shall provide for the testing of substances described in paragraph (2) in addition to the substances 

described in section 408(p)(3) of such Act. 

(2) COVERED SUBSTANCES.—A substance is subject to testing 

pursuant to paragraph (1) if— 

(A) the substance may be found in sources of drinking 

water; and 

(B) the Administrator determines that a substantial population may be exposed to such substance. 

(3) SUBSTANCES ALREADY SUBJECT TO TESTING.—Notwithstanding paragraph (2), a substance is not subject to testing 

pursuant to paragraph (1) if— 

(A) the substance is already subject to evaluation determined by the Administrator to be equivalent to testing pursuant to paragraph (1); or 

(B) the Administrator has already determined the effect 

of the substance on the endocrine system. 

(4) SUBSTANCES DERIVED FROM DEGRADATION OR METABOLISM

OF ANOTHER SUBSTANCE.—If a substance subject to testing pursuant to paragraph (1) (in this paragraph referred to as the 

‘‘covered substance’’) is derived from the degradation or metabolism of another substance, or is used in or generated by the 

manufacture of another substance, the Administrator shall provide for such testing of the covered substance by the importer 

or manufacturer of the other substance. 

(b) IDENTIFICATION AND TESTING OF ENDOCRINE DISRUPTING

SUBSTANCES THAT MAY BE IN DRINKING WATER.— (1) IDENTIFICATION.—Not later than 1 year after the date of 

the enactment of the Assistance, Quality, and Affordability Act 

of 2010, after opportunity for comment, the Administrator shall 

publish— 

(A) a list of no fewer than 100 substances for testing pursuant to subsection (a)(1) (in accordance with the schedule 

specified in paragraph (3)); and 

(B) a plan for the identification of additional substances 

for testing pursuant to subsection (a)(1), and a schedule for 

issuing test orders for all such additional substances by not 

later than 10 years after the date of the enactment of the 

Assistance, Quality, and Affordability Act of 2010, with the 

goal of testing, at a minimum and consistent with subsection (a), all substances that have been placed on the 

Drinking Water Preliminary Contaminant Candidate List 

published pursuant to section 1412(b)(1)(B)(i). 

In publishing the plan and schedule required by subparagraph 

(B), the Administrator shall obtain advice and direction from 

the Science Advisory Board. 

(2) PRIORITIZATION; CONSIDERATIONS.—In selecting substances for listing under paragraph (1)(A) or identification pursuant to the plan under paragraph (1)(B), the Administrator— 

(A) shall prioritize the selection of substances that pose 

the greatest public health concern, using the best available 

science and taking into consideration (among other factors 

of public health concern) the effect of such substances on 

subgroups that comprise a meaningful portion of the general population (such as infants, children, pregnant 


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52 

women, the elderly, individuals with a history of serious illness, and other subpopulations) that are identifiable as 

being at greater risk of adverse health effects due to exposure to substances in drinking water; and 

(B) shall take into consideration— 

(i) available information on the extent of potential 

public exposures to the substances through drinking 

water; and 

(ii) the Drinking Water Preliminary Contaminant 

Candidate List published pursuant to section 

1412(b)(1)(B)(i). 

(3) SCHEDULE.—After publication of the list under paragraph 

(1)(A), the Administrator shall issue test orders for— 

(A) at least 25 substances on the list by the end of each 

year during the 4-year period following the date of the enactment of the Assistance, Quality, and Affordability Act of 

2010; and 

(B) all substances on the list by the end of such 4-year 

period. 

(c) TESTING PROTOCOL PROCESS.— (1) IN GENERAL.—Not later than 2 years after the date of the 

enactment of the Assistance, Quality, and Affordability Act of 

2010, the Administrator shall, after opportunity for comment, 

and after obtaining advice and direction from the Science Advisory Board, publish guidance on developing and updating protocols for testing of possible endocrine disruptors that may be 

found in sources of drinking water. The guidance shall specify— 

(A) the manner in which the Administrator will evaluate 

and, where necessary, revise such protocols; 

(B) the manner in which the Administrator will determine when testing of substances will be required; and 

(C) the procedures by which other scientifically relevant 

information can be used in lieu of some or all of the information that otherwise would be collected pursuant to testing under section 408(p) of the Federal Food, Drug, and 

Cosmetic Act. 

(2) MINIMUM CONTENTS.—The procedures specified pursuant 

to paragraph (1)(C) shall ensure that the Administrator may 

use information that is prepared or provided by any person (including a registrant, manufacturer, or importer of a substance 

for which testing is required, and any other entity) and shall 

apply equally with respect to any such person. 

(3) AMENDMENTS.—The Administrator may, after opportunity 

for comment, and after obtaining advice and direction from the 

Science Advisory Board, amend any guidance published pursuant to this subsection. 

(d) REVISION OF TESTING PROTOCOLS.—Not later than 2 years 

after the date of the enactment of the Assistance, Quality, and Affordability Act of 2010, the Administrator shall, after opportunity 

for comment, determine whether sufficient scientific information has 

been developed to warrant updating the screening protocols developed under section 408(p) of the Federal Food, Drug, and Cosmetic 

Act for substances that may be found in sources of drinking water. 

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ance, Quality, and Affordability Act of 2010 and every 3 years thereafter, the Administrator shall determine, consistent with the guidance published under subsection (c), whether to revise screening protocols under such section for substances that may be found in 

sources of drinking water based on significant improvements in the 

sensitivity, accuracy, reliability, reproducibility, or efficiency of such 

protocols, or a reduction in the number of animals required to conduct such protocols. Whenever the Administrator revises such a protocol, the Administrator shall also determine, after obtaining advice 

and direction from the Science Advisory Board, whether any substance that has already been subjected to testing should be tested 

using the revised protocol. 

(e) VALID SCIENTIFIC DATA.—Any testing protocols pursuant to 

this section shall be designed to produce scientific results that are 

based on— 

(1) verifiable measurements with sufficiently small error 

rates; 

(2) well-controlled measurements whose interpretation is not 

confounded by extraneous influences; and 

(3) results that are repeatable by independent scientists. 

(f) RESULTS OF TESTING.— (1) PUBLICATION OF DATA EVALUATION RECORDS.—Not later 

than 6 months after receipt of testing results for a substance 

that may be found in sources of drinking water, the Administrator shall prepare and, consistent with subsection (g), publish 

data evaluation records for such results in a publicly searchable 

database. 

(2) ADMINISTRATIVE ACTION.—Not later than 6 months after 

receipt of test results that determine the endocrine-related effects caused by a substance that may be found in sources of 

drinking water, the Administrator shall— 

(A) determine whether to take action related to the substance pursuant to the agency’s statutory authority; and 

(B) consistent with subsection (g), publish such determination in a publicly searchable database. 

Nothing in this section shall be construed to affect the Administrator’s authority to take action under other provisions of law. 

(3) STRUCTURED EVALUATION FRAMEWORK.—To assess the 

overall weight of the evidence and relevance to human health 

of results of testing for substances that may be found in sources 

of drinking water, the Administrator shall develop and use a 

structured evaluative framework consisting of science-based criteria, consistent with the protection of public health, for systematically evaluating endocrine mode of action and for determining data relevance, quality, and reliability. 

(g) PUBLIC DATABASE.—Beginning not later than 180 days after 

the date of the enactment of the Assistance, Quality, and Affordability Act of 2010 and consistent with section 552 of title 5, United 

States Code, the Administrator shall publish, in electronic format, 

a publicly searchable database that contains information regarding 

the testing program. Not later than 30 days after the date on which 

the information becomes available, the Administrator shall ensure 

that, at a minimum, the database— 

(1) identifies the substances selected for testing under the program; and 


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(2) includes the documents and information pertaining to the 

status of testing activities for each such substance, including 

test orders, deadlines for submission, the Environmental Protection Agency’s data evaluation records, any scientific information 

on which the Administrator based actions under subsection (f), 

the Administrator’s determination under subsection (f) on 

whether action will be taken under other statutory authority, 

and the summary of chemical test results. 

(h) PETITION FOR INCLUSION OF A SUBSTANCE IN THE PROGRAM.— (1) IN GENERAL.—Any person may submit a petition to the 

Administrator to add a substance to the list under subsection 

(b)(1)(A) or identify a substance pursuant to the plan under 

subsection (b)(1)(B). 

(2) SPECIFICATION OF FACTS.—Any petition under paragraph 

(1) shall specify the facts that are claimed to establish that an 

action described in paragraph (1) is warranted. 

(3) ADMINISTRATIVE ACTION.—Not later than 90 days after 

the filing of a petition described under paragraph (1), the Administrator shall determine whether the petition has established that an action described in paragraph (1) is warranted 

and shall grant or deny the petition. If the Administrator 

grants such petition, the Administrator shall promptly add the 

substance to the list under subsection (b)(1)(A) or identify the 

substance pursuant to the plan under subsection (b)(1)(B), as 

applicable. If the Administrator denies the petition, the Administrator shall publish the reasons for such denial in the Federal 

Register. 

(i) COORDINATION WITH OTHER FEDERAL AGENCIES.—After the 

Administrator— 

(1) requires testing of a substance that may be found in 

sources of drinking water, or 

(2) based in whole or in part on the results of testing of such 

a substance, takes action related to the substance pursuant to 

the agency’s statutory authority, 

the Administrator shall give notice of such testing or action to Federal agencies which are authorized by other provisions of law to regulate the substance or products, materials, medications, processes, 

or practices that use the substance. 

(j) REPORTING REQUIREMENT.—Not later than 1 year after the 

date of the enactment of the Assistance, Quality, and Affordability 

Act of 2010 and every 3 years thereafter, the Administrator shall 

provide a report to the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Environment and 

Public Works of the Senate that describes— 

(1) progress made in identifying and testing potential endocrine disruptors as well as plans for future activities; 

(2) any change in screening or testing methodology and evaluation or criteria for evaluating scientifically relevant information; 

(3) actions taken to ensure communication and sharing of scientific information with other Federal agencies and the public; 

and 

(4) any deviations from the plan or schedule published under 

subsection (b)(1)(B) as well as the reasons therefor. 

(k) TESTING CONSORTIA, COMPENSATION, AND COMPLIANCE.— 


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(1) IN GENERAL.—Any person required by the Administrator 

to conduct testing of an endocrine disruptor that may be found 

in sources of drinking water may— 

(A) submit, on its own, data in response to an order for 

such testing; and 

(B) form (on a voluntary basis) a consortium in order to 

satisfy the requirements of one or more orders for such testing. 

(2) RELIANCE ON CONSORTIUM SUBMISSIONS.—Each member 

of a consortium described in paragraph (1)(B) shall have full 

rights to rely on all submissions of the consortium to satisfy the 

requirements of any order for testing, but continues to be individually subject to such requirements. 

(3) SHARING OF COSTS.— 

(A) IN GENERAL.—Each member of a consortium described in paragraph (1)(B) shall share the applicable costs 

according to appropriate arrangements established by the 

consortium members. 

(B) BINDING OFFER.—Whenever, to satisfy the requirements of one or more orders for testing, any person offers 

to form or join a consortium described in paragraph (1)(B), 

or offers compensation to a person that has already submitted data to the Administrator satisfying an order for 

testing, such offer shall constitute a binding offer to share 

an appropriate portion of the applicable costs. 

(C) APPLICABLE COSTS.—In this subsection, the term ‘‘applicable costs’’ includes the costs— 

(i) incurred to generate and report information to 

comply with an order for testing; or 

(ii) associated with the organization and administration of the consortium. 

(4) DISPUTE RESOLUTION.— 

(A) IN GENERAL.—In the event of any dispute about an 

appropriate share or a fair method of determining an appropriate share of applicable costs of the testing requirements in a test order, any person involved in the dispute 

may initiate binding arbitration proceedings by requesting 

the Federal Mediation and Conciliation Service to appoint 

an arbitrator from the roster of arbitrators maintained by 

such Service or a hearing with a regional office of the 

American Arbitration Association. A copy of the request 

shall be sent to each person from whom the requesting 

party seeks compensation or who seeks compensation from 

that party. 

(B) NO REVIEW OF FINDINGS AND DETERMINATION.—The 

findings and determination of the arbitrator in a dispute 

initiated pursuant to subparagraph (A) shall be final and 

conclusive, and no official or court of the United States 

shall have power or jurisdiction to review any such findings and determination, except in the case of fraud, misrepresentation, or other misconduct by one of the parties to 

the arbitration or by the arbitrator. 

(C) PAYMENT OF FEE AND EXPENSES.—The parties to arbitration initiated pursuant to subparagraph (A) shall 


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share equally in the payment of the fee and expenses of the 

arbitrator. 

(5) ENFORCEMENT.—If the Administrator determines that any 

person seeking to comply with an order for testing by relying on 

a submission made by a consortium or an original data submitter has failed to make an offer in accordance with paragraph (3)(B), to participate in an arbitration proceeding under 

paragraph (4), or to comply with the terms of an agreement or 

arbitration decision concerning sharing of applicable costs 

under paragraph (3), that person is deemed to have failed to 

comply with an order under subparagraph (A) of section 

408(p)(5) of the Federal Food, Drug, and Cosmetic Act for purposes of subparagraphs (B) and (C) of such section. 

(l) DEFINITIONS.—In this section: 

(1) The term ‘‘endocrine disruptor’’ means an exogenous agent 

or mixture of agents that interferes or alters the synthesis, secretion, transport, metabolism, binding action, or elimination of 

hormones that are present in the body and are responsible for 

homeostasis, growth, neurological signaling, reproduction and 

developmental process, or any other effect that the Administrator has designated as an ‘‘endocrine effect’’ pursuant to section 408(p)(1) of the Federal Food, Drug, and Cosmetic Act. 

(2) The term ‘‘testing’’ means the testing of a substance pursuant to the screening program under section 408(p) of the Federal Food, Drug, and Cosmetic Act, including a test of a substance that is intended to identify substances that have the potential to interact with the endocrine system or that is intended 

to determine the endocrine-related effects caused by such substance and obtain information about effects at various doses. 

(m) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec- tion, there is authorized to be appropriated $5,000,000 for each of 

fiscal years 2011 through 2015. 

* * * * * * * 

Æ 


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