U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

67–528 CC

! " COMMITTEE PRINT

106TH CONGRESS

2nd Session

S. PRT.

2000

106–59

THE SAFE DRINKING WATER ACT

AS AMENDED BY

THE SAFE DRINKING WATER ACT OF 1996

PUBLIC LAW 104–182, AUGUST 6, 1996

Printed for the use of the Committee on Environment and Public Works

For sale by the U.S. Government Printing Office

Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

ONE HUNDRED SIXTH CONGRESS

BOB SMITH, New Hampshire, Chairman

JOHN W. WARNER, Virginia

JAMES M. INHOFE, Oklahoma

CRAIG THOMAS, Wyoming

CHRISTOPHER S. BOND, Missouri

GEORGE V. VOINOVICH, Ohio

MICHAEL D. CRAPO, Idaho

ROBERT F. BENNETT, Utah

KAY BAILEY HUTCHISON, Texas

LINCOLN CHAFEE, Rhode Island

MAX BAUCUS, Montana

DANIEL PATRICK MOYNIHAN, New York

FRANK R. LAUTENBERG, New Jersey

HARRY REID, Nevada

BOB GRAHAM, Florida

JOSEPH I. LIEBERMAN, Connecticut

BARBARA BOXER, California

RON WYDEN, Oregon

DAVE CONOVER, Staff Director

TOM SLITER, Minority Staff Director

(II)
(III)

1This table of contents is not part of title XIV of the Public Health Service Act but is set

forth for the convenience of the users of this publication.

TABLE OF CONTENTS FOR TITLE XIV OF THE PUBLIC

HEALTH SERVICE ACT (‘‘SAFE DRINKING WATER ACT’’) 1

TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS

Sec. 1400. Short title .............................................................................................. 1

PART A—DEFINITIONS

Sec. 1401. Definitions ............................................................................................ 1

PART B—PUBLIC WATER SYSTEMS

Sec. 1411. Coverage ............................................................................................... 4

Sec. 1412. National drinking water regulations .................................................. 4

Sec. 1413. State primary enforcement responsibility .......................................... 24

Sec. 1414. Enforcement of drinking water regulations ....................................... 25

Sec. 1415. Variances .............................................................................................. 36

Sec. 1416. Exemptions ........................................................................................... 42

Sec. 1417. Prohibition on use of lead pipes, solder, and flux ............................. 46

Sec. 1418. Monitoring of contaminants ................................................................ 48

Sec. 1419. Operator certification ........................................................................... 51

Sec. 1420. Capacity development .......................................................................... 52

PART C—PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER

Sec. 1421. Regulations for State programs .......................................................... 56

Sec. 1422. State primary enforcement responsibility .......................................... 58

Sec. 1423. Enforcement of program ...................................................................... 60

Sec. 1424. Interim regulation of underground injections .................................... 63

Sec. 1425. Optional demonstration by States relating to oil or natural gas ..... 64

Sec. 1426. Regulation of State programs ............................................................. 65

Sec. 1427. Sole source aquifer demonstration program ...................................... 65

Sec. 1428. State programs to establish wellhead protection areas .................... 69

Sec. 1429. State ground water protection grants ................................................. 72

PART D—EMERGENCY POWERS

Sec. 1431. Emergency powers ............................................................................... 73

Sec. 1432. Tampering with public water systems ............................................... 74

PART E—GENERAL PROVISIONS

Sec. 1441. Assurance of availability of adequate supplies of chemicals necessary for treatment of water .............................................................................. 75

Sec. 1442. Research, technical assistance, information, training of personnel . 77

Sec. 1443. Grants for State programs .................................................................. 81

Sec. 1444. Special study and demonstration project grants; guaranteed loans 85

Sec. 1445. Records and inspections ...................................................................... 86

Sec. 1446. National Drinking Water Advisory Council ....................................... 92

Sec. 1447. Federal agencies ................................................................................... 93

Sec. 1448. Judicial review ..................................................................................... 96

Sec. 1449. Citizen’s civil action ............................................................................. 97

Sec. 1450. General provisions ............................................................................... 98

Sec. 1451. Indian tribes ......................................................................................... 101

Sec. 1452. State revolving loan funds ................................................................... 102
Page

IV

Sec. 1453. Source water quality assessment ......................................................... 112

Sec. 1454. Source water petition program ............................................................ 113

Sec. 1455. Water conservation plan ...................................................................... 117

Sec. 1456. Assistance to colonias ........................................................................... 118

Sec. 1457. Estrogenic substances screening program ........................................... 118

Sec. 1458. Drinking water studies ........................................................................ 119

PART F—ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF DRINKING

WATER

Sec. 1461. Definitions ............................................................................................ 121

Sec. 1462. Recall of drinking water coolers with lead-lined tanks .................... 122

Sec. 1463. Drinking water coolers containing lead ............................................. 122

Sec. 1464. Lead contamination in school drinking water ................................... 123

Sec. 1465. øSchool drinking water¿ Federal assistance for State programs

regarding lead contamination in school drinking water ................................... 124
(1)

1This title, the ‘‘Safe Drinking Water Act’’, consists of title XIV of the Public Health Service

Act (42 U.S.C. 300f–300j–9) as added by Public Law 93–523 (Dec. 16, 1974) and the amendments made by subsequent enactments.

THE SAFE DRINKING WATER ACT

AS AMENDED BY

THE SAFE DRINKING WATER ACT OF 1996

NOTE

Amendments made by Public Law 104–182 are shown as follows:

Existing law omitted is enclosed in øblack brackets¿, new matter

is printed in italic, existing law in which no change occurs is shown

in roman:

TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT (THE

SAFE DRINKING WATER ACT) 1

[As amended by P.L. 104–182, August 6, 1996]

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) The term ‘‘primary drinking water regulation’’ means a

regulation which— (A) applies to public water systems;

(B) specifies contaminants which, in the judgment of

the Administrator, may have any adverse effect on the

health of persons;

(C) specifies for each such contaminant either—

(i) a maximum contaminant level, if, in the judgment of the Administrator, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or (ii) if, in the judgment of the Administrator, it is

not economically or technologically feasible to so ascer-
2

tain the level of such contaminant, each treatment

technique known to the Administrator which leads to

a reduction in the level of such contaminant sufficient

to satisfy the requirements of section 1412; and

(D) contains criteria and procedures to assure a supply

of drinking water which dependably complies with such

maximum contaminant levels; including accepted methods

for quality control and testing procedures to insure compliance with such levels and to insure proper operation and

maintenance of the system, and requirements as to (i) the

minimum quality of water which may be taken into the

system and (ii) siting for new facilities for public water

systems. At any time after promulgation of a regulation referred to in this paragraph, the Administrator may add

equally effective quality control and testing procedures by

guidance published in the Federal Register. Such procedures shall be treated as an alternative for public water

systems to the quality control and testing procedures listed

in the regulation.

(2) The term ‘‘secondary drinking water regulation’’ means

a regulation which applies to public water systems and which

specifies the maximum contaminant levels which, in the judgment of the Administrator, are requisite to protect the public

welfare. Such regulations may apply to any contaminant in

drinking water (A) which may adversely affect the odor or appearance of such water and consequently may cause a substantial number of the persons served by the public water system

providing such water to discontinue its use, or (B) which may

otherwise adversely affect the public welfare. Such regulations

may vary according to geographic and other circumstances. (3) The term ‘‘maximum contaminant level’’ means the

maximum permissible level of a contaminant in water which is

delivered to any user of a public water system.

ø(4) The¿ (4) PUBLIC WATER SYSTEM.—

(A) IN GENERAL.—The term ‘‘public water system’’

means a system for the provision to the public of øpiped

water for human consumption¿ water for human consumption through pipes or other constructed conveyances, if such

system has at least fifteen service connections or regularly

serves at least twenty-five individuals. Such term includes

øA¿ (i) any collection, treatment, storage, and distribution

facilities under control of the operator of such system and

used primarily in connection with such system, and øB¿

(ii) any collection or pretreatment storage facilities not

under such control which are used primarily in connection

with such system.

(B) CONNECTIONS.—

(i) IN GENERAL.—For purposes of subparagraph

(A), a connection to a system that delivers water by a

constructed conveyance other than a pipe shall not be

considered a connection, if—

(I) the water is used exclusively for purposes

other than residential uses (consisting of drinking,

bathing, and cooking, or other similar uses);
3

(II) the Administrator or the State (in the case

of a State exercising primary enforcement responsibility for public water systems) determines that

alternative water to achieve the equivalent level of

public health protection provided by the applicable

national primary drinking water regulation is provided for residential or similar uses for drinking

and cooking; or

(III) the Administrator or the State (in the

case of a State exercising primary enforcement responsibility for public water systems) determines

that the water provided for residential or similar

uses for drinking, cooking, and bathing is centrally

treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve

the equivalent level of protection provided by the

applicable national primary drinking water regulations.

(ii) IRRIGATION DISTRICTS.—An irrigation district

in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use

shall not be considered to be a public water system if

the system or the residential or similar users of the system comply with subclause (II) or (III) of clause (i).

(C) TRANSITION PERIOD.—A water supplier that would

be a public water system only as a result of modifications

made to this paragraph by the Safe Drinking Water Act

Amendments of 1996 shall not be considered a public water

system for purposes of the Act until the date that is two

years after the date of enactment of this subparagraph. If

a water supplier does not serve 15 service connections (as

defined in subparagraphs (A) and (B)) or 25 people at any

time after the conclusion of the 2-year period, the water

supplier shall not be considered a public water system.

(5) The term ‘‘supplier of water’’ means any person who

owns or operates a public water system.

(6) The term ‘‘contaminant’’ means any physical, chemical,

biological, or radiological substance or matter in water.

(7) The term ‘‘Administrator’’ means the Administrator of

the Environmental Protection Agency.

(8) The term ‘‘Agency’’ means the Environmental Protection Agency.

(9) The term ‘‘Council’’ means the National Drinking

Water Advisory Council established under section 1446.

(10) The term ‘‘municipality’’ means a city, town, or other

public body created by or pursuant to State law, or an Indian

tribe.

(11) The term ‘‘Federal agency’’ means any department,

agency, or instrumentality of the United States.

(12) The term ‘‘person’’ means an individual, corporation,

company, association, partnership, State, municipality, or Federal agency (and includes officers, employees, and agents of
4

any corporation, company, association, State, municipality, or

Federal agency).

(13) øThe¿ (A) Except as provided in subparagraph (B), the

term ‘‘State’’ includes, in addition to the several States, only

the District of Columbia, Guam, the Commonwealth of Puerto

Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

(B) For purposes of section 1452, the term ‘‘State’’ means

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(14) The term ‘‘Indian Tribe’’ means any Indian tribe having a Federally recognized governing body carrying out substantial governmental duties and powers over any area. For

purposes of section 1452, the term includes any Native village

(as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c))).

(15) COMMUNITY WATER SYSTEM.—The term ‘‘community

water system’’ means a public water system that—

(A) serves at least 15 service connections used by yearround residents of the area served by the system; or

(B) regularly serves at least 25 year-round residents.

(16) NONCOMMUNITY WATER SYSTEM.—The term ‘‘noncommunity water system’’ means a public water system that is

not a community water system.

[42 U.S.C. 300f]

PART B—PUBLIC WATER SYSTEMS

COVERAGE

SEC. 1411. Subject to sections 1415 and 1416, national primary

drinking water regulations under this part shall apply to each public water system in each State; except that such regulations shall

not apply to a public water system—

(1) which consists only of distribution and storage facilities

(and does not have any collection and treatment facilities);

(2) which obtains all of its water from, but is not owned

or operated by, a public water system to which such regulations apply;

(3) which does not sell water to any person; and

(4) which is not a carrier which conveys passengers in

interstate commerce.

[42 U.S.C. 300g]

NATIONAL DRINKING WATER REGULATIONS

SEC. 1412. (a)(1) Effective on the enactment of the Safe Drinking Water Act Amendments of 1986, each national interim or revised primary drinking water regulation promulgated under this

section before such enactment shall be deemed to be a national primary drinking water regulation under subsection (b). No such regulation shall be required to comply with the standards set forth in

subsection (b)(4) unless such regulation is amended to establish a

different maximum contaminant level after the enactment of such

amendments.
5

(2) After the enactment of the Safe Drinking Water Act

Amendments of 1986 each recommended maximum contaminant

level published before the enactment of such amendments shall

be treated as a maximum contaminant level goal. (3) Whenever a national primary drinking water regulation is

proposed under øparagraph (1), (2), or (3) of subsection (b)¿ subsection (b) for any contaminant, the maximum contaminant level

goal for such contaminant shall be proposed simultaneously. Whenever a national primary drinking water regulation is promulgated

under øparagraph (1), (2), or (3) of subsection (b)¿ subsection (b) for

any contaminant, the maximum contaminant level goal for such

contaminant shall be published simultaneously. (4) Paragraph (3) shall not apply to any recommended maximum contaminant level published before the enactment of the Safe

Drinking Water Act Amendments of 1986.

ø(b)(1) In the case of those contaminants listed in the Advance

Notice of Proposed Rulemaking published in volume 47, Federal

Register, page 9352, and in volume 48, Federal Register, page

45502, the Administrator shall publish maximum contaminant

level goals and promulgate national primary drinking water

regulations—

ø(A) not later than 12 months after the enactment of

the Safe Drinking Water Act Amendments of 1986 for not

less than 9 of those listed contaminants;

ø(B) not later than 24 months after such enactment

for not less than 40 of those listed contaminants; and

ø(C) not later than 36 months after such enactment

for the remainder of such listed contaminants.

ø(2)(A) If the Administrator identifies a drinking water

contaminant the regulation of which, in the judgment of the

Administrator, is more likely to be protective of public health

(taking into account the schedule for regulation under paragraph (1) than a contaminant referred to in paragraph (1), the

Administrator may publish a maximum contaminant level goal

and promulgate a national primary drinking water regulation

for such identified contaminant in lieu of regulating the contaminant referred to in such paragraph. There may be no more

than 7 contaminants in paragraph (1) for which substitutions

may be made. Regulation of a contaminant identified under

this paragraph shall be in accordance with the schedule applicable to the contaminant for which the substitution is made.

ø(B) If the Administrator identifies one or more contaminants for substitution under this paragraph, the Administrator shall publish in the Federal Register not late

than one year after the enactment of the Safe Drinking

Water Act Amendments of 1986 a list of contaminants proposed for substitution, the contaminants referred to in

paragraph (1) for which substitutions are to be made, and

the basis for the judgment that regulation of such proposed substitute contaminants is more likely to be protective public health (taking into account the schedule for

regulation under such paragraph). Following a period of 60

days for public comment, the Administrator shall publish

in the Federal Register a final list of contaminants to be
6

substituted and contaminants referred to in paragraph (1)

for which substitutions are to be made, together with responses to significant comments.

ø(C) Any contaminant referred to in paragraph (1) for

which a substitution is made, pursuant to subparagraph

(A) of this paragraph, shall be included on the priority list

to be published by the Administrator not later than January 1, 1988, pursuant to paragraph (3)(A).

ø(D) The Administrator’s decision to regulate a contaminant identified pursuant to this paragraph in lieu of

a contaminant referred to in paragraph (1) shall not be

subject to judicial review.

ø(3)(A) The Administrator shall publish maximum contaminant level goals and promulgate national primary drinking water regulations for each contaminant (other than a contaminant referred to in paragraph (1) or (2) for which a national primary drinking water regulation was promulgated)

which, in the judgment of the Administrator, may have any adverse effect on the health of persons and which is known or anticipated to occur in public water systems. Not later than January 1, 1988, and at 3-year intervals thereafter, the Administrator shall publish a list of contaminants which are known or

anticipated to occur in public water systems and which may require regulation under this Act.

ø(B) For the purpose of establishing the list under

subparagraph (A), the Administrator shall form an advisory working group including members from the National

Toxicology Program and the Environmental Protection

Agency’s Offices of Drinking Water, Pesticides, Toxic Substances, Ground Water, Solid Waste and Emergency Response and any others the Administrator deems appropriate. The Administrator’s consideration of priorities shall

include, but not be limited to, substances referred to in

section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act.

ø(C) Not later than 24 months after the listing of contaminants under subparagraph (A), the Administrator

shall publish proposed maximum contaminant level goals

and national primary drinking water regulations for not

less than 25 contaminants from the list established under

subparagraph (A).

ø(D) Not later than 36 months after the listing of contaminants under subparagraph (A), the Administrator

shall publish a maximum contaminant goal and promulgate a national primary drinking water regulation for

those contaminants for which proposed maximum contaminant level goals and proposed national primary drinking

water regulations were published under subparagraph

(C).¿

(b) STANDARDS.—

(1) IDENTIFICATION OF CONTAMINANTS FOR LISTING.—
7

(A) GENERAL AUTHORITY.—The Administrator shall, in

accordance with the procedures established by this subsection, publish a maximum contaminant level goal and

promulgate a national primary drinking water regulation

for a contaminant (other than a contaminant referred to in

paragraph (2) for which a national primary drinking water

regulation has been promulgated as of the date of enactment of the Safe Drinking Water Act Amendments of 1996)

if the Administrator determines that—

(i) the contaminant may have an adverse effect on

the health of persons;

(ii) the contaminant is known to occur or there is

a substantial likelihood that the contaminant will

occur in public water systems with a frequency and at

levels of public health concern; and

(iii) in the sole judgment of the Administrator, regulation of such contaminant presents a meaningful opportunity for health risk reduction for persons served

by public water systems.

(B) REGULATION OF UNREGULATED CONTAMINANTS.—

(i) LISTING OF CONTAMINANTS FOR CONSIDERATION.—(I) Not later than 18 months after the date of

enactment of the Safe Drinking Water Act Amendments

of 1996 and every 5 years thereafter, the Administrator,

after consultation with the scientific community, including the Science Advisory Board, after notice and

opportunity for public comment, and after considering

the occurrence data base established under section

1445(g), shall publish a list of contaminants which, at

the time of publication, are not subject to any proposed

or promulgated national primary drinking water regulation, which are known or anticipated to occur in public water systems, and which may require regulation

under this title.

(II) The unregulated contaminants considered

under subclause (I) shall include, but not be limited to,

substances referred to in section 101(14) of the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, and substances registered as

pesticides under the Federal Insecticide, Fungicide,

and Rodenticide Act.

(III) The Administrator’s decision whether or not

to select an unregulated contaminant for a list under

this clause shall not be subject to judicial review.

(ii) DETERMINATION TO REGULATE.—(I) Not later

than 5 years after the date of enactment of the Safe

Drinking Water Act Amendments of 1996, and every 5

years thereafter, the Administrator shall, after notice of

the preliminary determination and opportunity for

public comment, for not fewer than 5 contaminants included on the list published under clause (i), make determinations of whether or not to regulate such contaminants.
8

(II) A determination to regulate a contaminant

shall be based on findings that the criteria of clauses

(i), (ii), and (iii) of subparagraph (A) are satisfied.

Such findings shall be based on the best available public health information, including the occurrence data

base established under section 1445(g). (III) The Administrator may make a determination

to regulate a contaminant that does not appear on a

list under clause (i) if the determination to regulate is

made pursuant to subclause (II).

(IV) A determination under this clause not to regulate a contaminant shall be considered final agency action and subject to judicial review. (iii) REVIEW.—Each document setting forth the de- termination for a contaminant under clause (ii) shall

be available for public comment at such time as the determination is published.

(C) PRIORITIES.—In selecting unregulated contami- nants for consideration under subparagraph (B), the Administrator shall select contaminants that present the

greatest public health concern. The Administrator, in making such selection, shall take into consideration, among

other factors of public health concern, the effect of such contaminants upon 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, or other subpopulations) that are identifiable as being at greater risk of adverse health effects due

to exposure to contaminants in drinking water than the

general population. (D) URGENT THREATS TO PUBLIC HEALTH.—The Administrator may promulgate an interim national primary

drinking water regulation for a contaminant without making a determination for the contaminant under paragraph

(4)(C), or completing the analysis under paragraph (3)(C),

to address an urgent threat to public health as determined

by the Administrator after consultation with and written

response to any comments provided by the Secretary of

Health and Human Services, acting through the director of

the Centers for Disease Control and Prevention or the director of the National Institutes of Health. A determination for

any contaminant in accordance with paragraph (4)(C) subject to an interim regulation under this subparagraph shall

be issued, and a completed analysis meeting the requirements of paragraph (3)(C) shall be published, not later

than 3 years after the date on which the regulation is promulgated and the regulation shall be repromulgated, or revised if appropriate, not later than 5 years after that date.

(E) REGULATION.—For each contaminant that the Administrator determines to regulate under subparagraph (B),

the Administrator shall publish maximum contaminant

level goals and promulgate, by rule, national primary

drinking water regulations under this subsection. The Administrator shall propose the maximum contaminant level
9

goal and national primary drinking water regulation for a

contaminant not later than 24 months after the determination to regulate under subparagraph (B), and may publish

such proposed regulation concurrent with the determination

to regulate. The Administrator shall publish a maximum

contaminant level goal and promulgate a national primary

drinking water regulation within 18 months after the proposal thereof. The Administrator, by notice in the Federal

Register, may extend the deadline for such promulgation

for up to 9 months.

(F) HEALTH ADVISORIES AND OTHER ACTIONS.—The Administrator may publish health advisories (which are not

regulations) or take other appropriate actions for contaminants not subject to any national primary drinking water

regulation.

(2) SCHEDULES AND DEADLINES.— (A) IN GENERAL.—In the case of the contaminants listed in the Advance Notice of Proposed Rulemaking published in volume 47, Federal Register, page 9352, and in

volume 48, Federal Register, page 45502, the Administrator

shall publish maximum contaminant level goals and promulgate national primary drinking water regulations— (i) not later than 1 year after June 19, 1986, for

not fewer than 9 of the listed contaminants;

(ii) not later than 2 years after June 19, 1986, for

not fewer than 40 of the listed contaminants; and

(iii) not later than 3 years after June 19, 1986, for

the remainder of the listed contaminants.

(B) SUBSTITUTION OF CONTAMINANTS.—If the Administrator identifies a drinking water contaminant the regulation of which, in the judgment of the Administrator, is

more likely to be protective of public health (taking into account the schedule for regulation under subparagraph (A))

than a contaminant referred to in subparagraph (A), the

Administrator may publish a maximum contaminant level

goal and promulgate a national primary drinking water

regulation for the identified contaminant in lieu of regulating the contaminant referred to in subparagraph (A). Substitutions may be made for not more than 7 contaminants

referred to in subparagraph (A). Regulation of a contaminant identified under this subparagraph shall be in accordance with the schedule applicable to the contaminant for

which the substitution is made.

(C) DISINFECTANTS AND DISINFECTION BYPRODUCTS.—

The Administrator shall promulgate an Interim Enhanced

Surface Water Treatment Rule, a Final Enhanced Surface

Water Treatment Rule, a Stage I Disinfectants and Disinfection Byproducts Rule, and a Stage II Disinfectants

and Disinfection Byproducts Rule in accordance with the

schedule published in volume 59, Federal Register, page

6361 (February 10, 1994), in table III.13 of the proposed

Information Collection Rule. If a delay occurs with respect

to the promulgation of any rule in the schedule referred to

in this subparagraph, all subsequent rules shall be com-
10

pleted as expeditiously as practicable but no later than a

revised date that reflects the interval or intervals for the

rules in the schedule.

(3) RISK ASSESSMENT, MANAGEMENT, AND COMMUNICA- TION.— (A) USE OF SCIENCE IN DECISIONMAKING.—In carrying

out this section, and, to the degree that an Agency action

is based on science, the Administrator shall use—

(i) the best available, peer-reviewed science and

supporting studies conducted in accordance with sound

and objective scientific practices; and (ii) data collected by accepted methods or best available methods (if the reliability of the method and

the nature of the decision justifies use of the data).

(B) PUBLIC INFORMATION.—In carrying out this section,

the Administrator shall ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. The Administrator shall, in a

document made available to the public in support of a regulation promulgated under this section, specify, to the extent practicable—

(i) each population addressed by any estimate of

public health effects;

(ii) the expected risk or central estimate of risk for

the specific populations;

(iii) each appropriate upper-bound or lower-bound

estimate of risk;

(iv) each significant uncertainty identified in the

process of the assessment of public health effects and

studies that would assist in resolving the uncertainty;

and

(v) peer-reviewed studies known to the Administrator that support, are directly relevant to, or fail to

support any estimate of public health effects and the

methodology used to reconcile inconsistencies in the scientific data.

(C) HEALTH RISK REDUCTION AND COST ANALYSIS.—

(i) MAXIMUM CONTAMINANT LEVELS.—When proposing any national primary drinking water regulation

that includes a maximum contaminant level, the Administrator shall, with respect to a maximum contaminant level that is being considered in accordance with

paragraph (4) and each alternative maximum contaminant level that is being considered pursuant to paragraph (5) or (6)(A), publish, seek public comment on,

and use for the purposes of paragraphs (4), (5), and (6)

an analysis of each of the following:

(I) Quantifiable and nonquantifiable health

risk reduction benefits for which there is a factual

basis in the rulemaking record to conclude that

such benefits are likely to occur as the result of

treatment to comply with each level.

(II) Quantifiable and nonquantifiable health

risk reduction benefits for which there is a factual
11

basis in the rulemaking record to conclude that

such benefits are likely to occur from reductions in

co-occurring contaminants that may be attributed

solely to compliance with the maximum contaminant level, excluding benefits resulting from compliance with other proposed or promulgated regulations.

(III) Quantifiable and nonquantifiable costs

for which there is a factual basis in the rulemaking record to conclude that such costs are likely to occur solely as a result of compliance with the

maximum contaminant level, including monitoring, treatment, and other costs and excluding costs

resulting from compliance with other proposed or

promulgated regulations. (IV) The incremental costs and benefits associated with each alternative maximum contaminant

level considered.

(V) The effects of the contaminant on the general population and on groups within the general

population such as infants, children, pregnant

women, the elderly, individuals with a history of

serious illness, or other subpopulations that are

identified as likely to be at greater risk of adverse

health effects due to exposure to contaminants in

drinking water than the general population. (VI) Any increased health risk that may occur

as the result of compliance, including risks associated with co-occurring contaminants. (VII) Other relevant factors, including the

quality and extent of the information, the uncertainties in the analysis supporting subclauses (I)

through (VI), and factors with respect to the degree

and nature of the risk.

(ii) TREATMENT TECHNIQUES.—When proposing a

national primary drinking water regulation that includes a treatment technique in accordance with paragraph (7)(A), the Administrator shall publish and seek

public comment on an analysis of the health risk reduction benefits and costs likely to be experienced as

the result of compliance with the treatment technique

and alternative treatment techniques that are being

considered, taking into account, as appropriate, the

factors described in clause (i).

(iii) APPROACHES TO MEASURE AND VALUE BENEFITS.—The Administrator may identify valid approaches for the measurement and valuation of benefits

under this subparagraph, including approaches to

identify consumer willingness to pay for reductions in

health risks from drinking water contaminants.

(iv) AUTHORIZATION.—There are authorized to be

appropriated to the Administrator, acting through the

Office of Ground Water and Drinking Water, to conduct studies, assessments, and analyses in support of
12

regulations or the development of methods, $35,000,000

for each of fiscal years 1996 through 2003.

ø(4) Each¿ (4) GOALS AND STANDARDS.— (A) MAXIMUM CONTAMINANT LEVEL GOALS.—Each maximum contaminant level goal established under this subsection shall be set at the level at which no known or anticipated adverse effects on the health of persons occur and

which allows an adequate margin of safety.

øEach national¿ (B) MAXIMUM CONTAMINANT LEV- ELS.—Except as provided in paragraphs (5) and (6), each

national primary drinking water regulation for a contaminant for which a ømaximum level¿ maximum contaminant

level goal is established under this subsection shall specify

a ømaximum level¿ maximum contaminant level for such

contaminant which is as close to the maximum contaminant level goal as is feasible. (C) DETERMINATION.—At the time the Administrator

proposes a national primary drinking water regulation

under this paragraph, the Administrator shall publish a

determination as to whether the benefits of the maximum

contaminant level justify, or do not justify, the costs based

on the analysis conducted under paragraph (3)(C).

ø(5) For the¿ (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 (taking cost into consideration). For the purpose of øparagraph

4¿ 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.

ø(6) Each national¿ (E) FEASIBLE TECHNOLOGIES.—

(i) IN GENERAL.—Each national primary drinking

water regulation which establishes a maximum contaminant level shall list the technology, treatment

techniques, and other means which the Administrator

finds to be feasible for purposes of meeting such maximum contaminant level, but a regulation under øthis

paragraph¿ this subsection shall not require that any

specified technology, treatment technique, or other

means be used for purposes of meeting such maximum

contaminant level.

(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, for small public water systems serving—

(I) a population of 10,000 or fewer but more

than 3,300;
13

(II) a population of 3,300 or fewer but more

than 500; and

(III) a population of 500 or fewer but more

than 25;

and that achieves compliance with the maximum contaminant level or treatment technique, including

packaged or modular systems and point-of-entry or

point-of-use treatment units. Point-of-entry and pointof-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 treatment 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.

(iii) LIST OF TECHNOLOGIES THAT ACHIEVE COMPLI- ANCE.—Except as provided in clause (v), not later than

2 years after the date of enactment of this clause and

after consultation with the States, the Administrator

shall issue a list of technologies that achieve compliance with the maximum contaminant level or treatment technique for each category of public water systems described in subclauses (I), (II), and (III) of clause

(ii) for each national primary drinking water regulation promulgated prior to the date of enactment of this

paragraph.

(iv) ADDITIONAL TECHNOLOGIES.—The Administrator may, at any time after a national primary drinking water regulation has been promulgated, supplement the list of technologies describing additional or

new or innovative treatment technologies that meet the

requirements of this paragraph for categories of small

public water systems described in subclauses (I), (II),

and (III) of clause (ii) that are subject to the regulation.

(v) TECHNOLOGIES THAT MEET SURFACE WATER

TREATMENT RULE.—Within one year after the date of

enactment of this clause, the Administrator shall list

technologies that meet the Surface Water Treatment
14

Rule for each category of public water systems described in subclauses (I), (II), and (III) of clause (ii).

(5) ADDITIONAL HEALTH RISK CONSIDERATIONS.—

(A) IN GENERAL.—Notwithstanding paragraph (4), the

Administrator may establish a maximum contaminant

level for a contaminant at a level other than the feasible

level, if the technology, treatment techniques, and other

means used to determine the feasible level would result in

an increase in the health risk from drinking water by—

(i) increasing the concentration of other contaminants in drinking water; or

(ii) interfering with the efficacy of drinking water

treatment techniques or processes that are used to comply with other national primary drinking water regulations.

(B) ESTABLISHMENT OF LEVEL.—If the Administrator

establishes a maximum contaminant level or levels or requires the use of treatment techniques for any contaminant

or contaminants pursuant to the authority of this

paragraph—

(i) the level or levels or treatment techniques shall

minimize the overall risk of adverse health effects by

balancing the risk from the contaminant and the risk

from other contaminants the concentrations of which

may be affected by the use of a treatment technique or

process that would be employed to attain the maximum

contaminant level or levels; and

(ii) the combination of technology, treatment techniques, or other means required to meet the level or levels shall not be more stringent than is feasible (as defined in paragraph (4)(D)).

(6) ADDITIONAL HEALTH RISK REDUCTION AND COST CONSIDERATIONS.—

(A) IN GENERAL.—Notwithstanding paragraph (4), if

the Administrator determines based on an analysis conducted under paragraph (3)(C) that the benefits of a maximum contaminant level promulgated in accordance with

paragraph (4) would not justify the costs of complying with

the level, the Administrator may, after notice and opportunity for public comment, promulgate a maximum contaminant level for the contaminant that maximizes health

risk reduction benefits at a cost that is justified by the benefits.

(B) EXCEPTION.—The Administrator shall not use the

authority of this paragraph to promulgate a maximum contaminant level for a contaminant, if the benefits of compliance with a national primary drinking water regulation for

the contaminant that would be promulgated in accordance

with paragraph (4) experienced by—

(i) persons served by large public water systems;

and

(ii) persons served by such other systems as are unlikely, based on information provided by the States, to
15

receive a variance under section 1415(e) (relating to

small system variances);

would justify the costs to the systems of complying with the

regulation. This subparagraph shall not apply if the contaminant is found almost exclusively in small systems eligible under section 1415(e) for a small system variance. (C) DISINFECTANTS AND DISINFECTION BYPRODUCTS.— The Administrator may not use the authority of this paragraph to establish a maximum contaminant level in a

Stage I or Stage II national primary drinking water regulation (as described in paragraph (2)(C)) for contaminants

that are disinfectants or disinfection byproducts, or to establish a maximum contaminant level or treatment technique requirement for the control of cryptosporidium. The

authority of this paragraph may be used to establish regulations for the use of disinfection by systems relying on

ground water sources as required by paragraph (8). (D) JUDICIAL REVIEW.—A determination by the Administrator that the benefits of a maximum contaminant level

or treatment requirement justify or do not justify the costs

of complying with the level shall be reviewed by the court

pursuant to section 1448 only as part of a review of a final

national primary drinking water regulation that has been

promulgated based on the determination and shall not be

set aside by the court under that section unless the court

finds that the determination is arbitrary and capricious. (7)(A) The Administrator is authorized to promulgate a national primary drinking water regulation that requires the use of

a treatment technique in lieu of establishing a maximum contaminant level, if the Administrator makes a finding that it is not economically or technologically feasible to ascertain the level of the

contaminant. In such case, the Administrator shall identify those

treatment techniques which, in the Administrator’s judgment,

would prevent known or anticipated adverse effects on the health

of persons to the extent feasible. Such regulations shall specify

each treatment technique known to the Administrator which meets

the requirements of this paragraph, but the Administrator may

grant a variance from any specified treatment technique in accordance with section 1415(a)(3).

(B) Any schedule referred to in this subsection for the promulgation of a national primary drinking water regulation for any contaminant shall apply in the same manner if the regulation requires

a treatment technique in lieu of establishing a maximum contaminant level.

(C)(i) Not later than 18 months after the enactment of the Safe

Drinking Water Act Amendments of 1986, the Administrator shall

propose and promulgate national primary drinking water regulations specifying criteria under which filtration (including coagulation and sedimentation, as appropriate) is required as a treatment

technique for public water systems supplied by surface water

sources. In promulgating such rules, the Administrator shall consider the quality of source waters, protection afforded by watershed

management, treatment practices (such as disinfection and length

of water storage) and other factors relevant to protection of health.
16

(ii) In lieu of the provisions of section 1415 the Administrator

shall specify procedures by which the State determines which public water systems within its jurisdiction shall adopt filtration under

the criteria of clause (i). The State may require the public water

system to provide studies or other information to assist in this determination. The procedures shall provide notice and opportunity

for public hearing on this determination. If the State determines

that filtration is required, the State shall prescribe a schedule for

compliance by the public water system with the filtration requirement. A schedule shall require compliance within 18 months of a

determination made under clause (iii).

(iii) Within 18 months from the time that the Administrator

establishes the criteria and procedures under this subparagraph, a

State with primary enforcement responsibility shall adopt any necessary regulations to implement this subparagraph. Within 12

months of adoption of such regulations the State shall make determinations regarding filtration for all the public water systems

within its jurisdiction supplied by surface waters. (iv) If a State does not have primary enforcement responsibility

for public water systems, the Administrator shall have the same

authority to make the determination in clause (ii) in such State as

the State would have under that clause. Any filtration requirement

or schedule under this subparagraph shall be treated as if it were

a requirement of a national primary drinking water regulation. (v) As an additional alternative to the regulations promulgated pursuant to clauses (i) and (iii), including the criteria for avoiding

filtration contained in 40 CFR 141.71, a State exercising primary

enforcement responsibility for public water systems may, on a caseby-case basis, and after notice and opportunity for public comment,

establish treatment requirements as an alternative to filtration in

the case of systems having uninhabited, undeveloped watersheds in

consolidated ownership, and having control over access to, and activities in, those watersheds, if the State determines (and the Administrator concurs) that the quality of the source water and the alternative treatment requirements established by the State ensure

greater removal or inactivation efficiencies of pathogenic organisms

for which national primary drinking water regulations have been

promulgated or that are of public health concern than would be

achieved by the combination of filtration and chlorine disinfection

(in compliance with this section).

ø(8) Not later than 36 months after the enactment of the

Safe Drinking Water Act Amendments of 1986, the Administrator shall propose and promulgate¿ DISINFECTION.—At any

time after the end of the 3-year period that begins on the date

of enactment of the Safe Drinking Water Act Amendments of

1996, but not later than the date on which the Administrator

promulgates a Stage II rulemaking for disinfectants and disinfection byproducts (as described in paragraph (2)(C)), the Administrator shall also promulgate national primary drinking

water regulations requiring disinfection as a treatment technique for all public water systems, including surface water systems and, as necessary, ground water systems. After consultation with the States, the Administrator shall (as part of the

regulations) promulgate criteria that the Administrator, or a
17

State that has primary enforcement responsibility under section 1413, shall apply to determine whether disinfection shall

be required as a treatment technique for any public water system served by ground water. The Administrator shall simultaneously promulgate a rule specifying criteria that will be used

by the Administrator (or delegated State authorities) to grant

variances from this requirement according to the provisions of

sections 1415(a)(1)(B) and 1415(a)(3). In implementing section

ø1442(g)¿ 1442(e) the Administrator or the delegated State authority shall, where appropriate, give special consideration to

providing technical assistance to small public water systems in

complying with the regulations promulgated under this paragraph.

ø(9) National primary drinking water regulations shall be

amended whenever changes in technology, treatment techniques, and other means permit greater protection of the

health of persons, but in any event such regulations shall be

reviewed at least once every 3 years. Such review shall include

an analysis of innovations or changes in technology, treatment

techniques or other activities that have occurred over the previous 3-year period and that may Drovide for greater protection of the health of Dersons. The findings of such review shall

be published in the Federal Register. If, after opportunity for

public comment, the Administrator concludes that the technology, treatment techniques, or other means resulting from

such innovations or changes are not feasible within the meaning of Daraaraph (5), an explanation of such conclusion shall

be pubished in the Federal Register.¿

(9) REVIEW AND REVISION.—The Administrator shall, not

less often than every 6 years, review and revise, as appropriate,

each national primary drinking water regulation promulgated

under this title. Any revision of a national primary drinking

water regulation shall be promulgated in accordance with this

section, except that each revision shall maintain, or provide for

greater, protection of the health of persons.

øNational primary drinking water regulations promulgated under this subsection (and amendments thereto) shall

take effect eighteen months after the date of their promulgation. Regulations under subsection (a) shall be superseded by

regulations under this subsection to the extent provided by the

regulations under this subsection.¿

(10) EFFECTIVE DATE.—A national primary drinking water

regulation promulgated under this section (and any amendment

thereto) shall take effect on the date that is 3 years after the

date on which the regulation is promulgated unless the Administrator determines that an earlier date is practicable, except

that the Administrator, or a State (in the case of an individual

system), may allow up to 2 additional years to comply with a

maximum contaminant level or treatment technique if the Administrator or State (in the case of an individual system) determines that additional time is necessary for capital improvements.
18

(11) No national primary drinking water regulation may

require the addition of any substance for preventive health care

purposes unrelated to contamination of drinking water.

(12) CERTAIN CONTAMINANTS.—

(A) ARSENIC.—

(i) SCHEDULE AND STANDARD.—Notwithstanding

the deadlines set forth in paragraph (1), the Administrator shall promulgate a national primary drinking

water regulation for arsenic pursuant to this subsection, in accordance with the schedule established by

this paragraph.

(ii) STUDY PLAN.—Not later than 180 days after

the date of enactment of this paragraph, the Administrator shall develop a comprehensive plan for study in

support of drinking water rulemaking to reduce the uncertainty in assessing health risks associated with exposure to low levels of arsenic. In conducting such

study, the Administrator shall consult with the National Academy of Sciences, other Federal agencies,

and interested public and private entities.

(iii) COOPERATIVE AGREEMENTS.—In carrying out

the study plan, the Administrator may enter into cooperative agreements with other Federal agencies, State

and local governments, and other interested public and

private entities.

(iv) PROPOSED REGULATIONS.—The Administrator

shall propose a national primary drinking water regulation for arsenic not later than January 1, 2000.

(v) FINAL REGULATIONS.—Not later than January

1, 2001, after notice and opportunity for public comment, the Administrator shall promulgate a national

primary drinking water regulation for arsenic.

(vi) AUTHORIZATION.—There are authorized to be

appropriated $2,500,000 for each of fiscal years 1997

through 2000 for the studies required by this paragraph.

(B) SULFATE.—

(i) ADDITIONAL STUDY.—Prior to promulgating a

national primary drinking water regulation for sulfate,

the Administrator and the Director of the Centers for

Disease Control and Prevention shall jointly conduct

an additional study to establish a reliable dose-response relationship for the adverse human health effects that may result from exposure to sulfate in drinking water, including the health effects that may be experienced by groups within the general population (including infants and travelers) that are potentially at

greater risk of adverse health effects as the result of

such exposure. The study shall be conducted in consultation with interested States, shall be based on the

best available, peer-reviewed science and supporting

studies conducted in accordance with sound and objective scientific practices, and shall be completed not
19

later than 30 months after the date of enactment of the

Safe Drinking Water Act Amendments of 1996.

(ii) DETERMINATION.—The Administrator shall include

sulfate among the 5 or more contaminants for which a determination is made pursuant to paragraph (3)(B) not later

than 5 years after the date of enactment of the Safe Drinking Water Act Amendments of 1996.

(iii) PROPOSED AND FINAL RULE.—Notwithstanding the

deadlines set forth in paragraph (2), the Administrator

may, pursuant to the authorities of this subsection and

after notice and opportunity for public comment, promulgate a final national primary drinking water regulation for

sulfate. Any such regulation shall include requirements for

public notification and options for the provision of alternative water supplies to populations at risk as a means of

complying with the regulation in lieu of a best available

treatment technology or other means.

(13) RADON IN DRINKING WATER.—

(A) NATIONAL PRIMARY DRINKING WATER REGULATION.—Notwithstanding paragraph (2), the Administrator

shall withdraw any national primary drinking water regulation for radon proposed prior to the date of enactment of

this paragraph and shall propose and promulgate a regulation for radon under this section, as amended by the Safe

Drinking Water Act Amendments of 1996.

(B) RISK ASSESSMENT AND STUDIES.—

(i) ASSESSMENT BY NAS.—Prior to proposing a national primary drinking water regulation for radon,

the Administrator shall arrange for the National Academy of Sciences to prepare a risk assessment for radon

in drinking water using the best available science in

accordance with the requirements of paragraph (3).

The risk assessment shall consider each of the risks associated with exposure to radon from drinking water

and consider studies on the health effects of radon at

levels and under conditions likely to be experienced

through residential exposure. The risk assessment shall

be peer-reviewed.

(ii) STUDY OF OTHER MEASURES.—The Administrator shall arrange for the National Academy of

Sciences to prepare an assessment of the health risk reduction benefits associated with various mitigation

measures to reduce radon levels in indoor air. The assessment may be conducted as part of the risk assessment authorized by clause (i) and shall be used by the

Administrator to prepare the guidance and approve

State programs under subparagraph (G).

(iii) OTHER ORGANIZATION.—If the National Academy of Sciences declines to prepare the risk assessment

or studies required by this subparagraph, the Administrator shall enter into a contract or cooperative agreement with another independent, scientific organization

to prepare such assessments or studies.
20

(C) HEALTH RISK REDUCTION AND COST ANALYSIS.—Not

later than 30 months after the date of enactment of this

paragraph, the Administrator shall publish, and seek public comment on, a health risk reduction and cost analysis

meeting the requirements of paragraph (3)(C) for potential

maximum contaminant levels that are being considered for

radon in drinking water. The Administrator shall include

a response to all significant public comments received on

the analysis with the preamble for the proposed rule published under subparagraph (D). (D) PROPOSED REGULATION.—Not later than 36 months

after the date of enactment of this paragraph, the Administrator shall propose a maximum contaminant level goal

and a national primary drinking water regulation for

radon pursuant to this section.

(E) FINAL REGULATION.—Not later than 12 months

after the date of the proposal under subparagraph (D), the

Administrator shall publish a maximum contaminant level

goal and promulgate a national primary drinking water

regulation for radon pursuant to this section based on the

risk assessment prepared pursuant to subparagraph (B)

and the health risk reduction and cost analysis published

pursuant to subparagraph (C). In considering the risk assessment and the health risk reduction and cost analysis in

connection with the promulgation of such a standard, the

Administrator shall take into account the costs and benefits

of control programs for radon from other sources. (F) ALTERNATIVE MAXIMUM CONTAMINANT LEVEL.—If

the maximum contaminant level for radon in drinking

water promulgated pursuant to subparagraph (E) is more

stringent than necessary to reduce the contribution to radon

in indoor air from drinking water to a concentration that

is equivalent to the national average concentration of radon

in outdoor air, the Administrator shall, simultaneously

with the promulgation of such level, promulgate an alternative maximum contaminant level for radon that would

result in a contribution of radon from drinking water to

radon levels in indoor air equivalent to the national average concentration of radon in outdoor air. If the Administrator promulgates an alternative maximum contaminant

level under this subparagraph, the Administrator shall,

after notice and opportunity for public comment and in

consultation with the States, publish guidelines for State

programs, including criteria for multimedia measures to

mitigate radon levels in indoor air, to be used by the States

in preparing programs under subparagraph (G). The guidelines shall take into account data from existing radon mitigation programs and the assessment of mitigation measures prepared under subparagraph (B).

(G) MULTIMEDIA RADON MITIGATION PROGRAMS.—

(i) IN GENERAL.—A State may develop and submit

a multimedia program to mitigate radon levels in indoor air for approval by the Administrator under this

subparagraph. If, after notice and the opportunity for
21

public comment, such program is approved by the Administrator, public water systems in the State may

comply with the alternative maximum contaminant

level promulgated under subparagraph (F) in lieu of

the maximum contaminant level in the national primary drinking water regulation promulgated under

subparagraph (E). (ii) ELEMENTS OF PROGRAMS.—State programs

may rely on a variety of mitigation measures including

public education, testing, training, technical assistance,

remediation grant and loan or incentive programs, or

other regulatory or nonregulatory measures. The effectiveness of elements in State programs shall be evaluated by the Administrator based on the assessment prepared by the National Academy of Sciences under subparagraph (B) and the guidelines published by the Administrator under subparagraph (F). (iii) APPROVAL.—The Administrator shall approve

a State program submitted under this paragraph if the

health risk reduction benefits expected to be achieved

by the program are equal to or greater than the health

risk reduction benefits that would be achieved if each

public water system in the State complied with the

maximum contaminant level promulgated under subparagraph (E). The Administrator shall approve or disapprove a program submitted under this paragraph

within 180 days of receipt. A program that is not disapproved during such period shall be deemed approved. A program that is disapproved may be modified to address the objections of the Administrator and

be resubmitted for approval.

(iv) REVIEW.—The Administrator shall periodically, but not less often than every 5 years, review each

multimedia mitigation program approved under this

subparagraph to determine whether it continues to

meet the requirements of clause (iii) and shall, after

written notice to the State and an opportunity for the

State to correct any deficiency in the program, withdraw approval of programs that no longer comply with

such requirements.

(v) EXTENSION.—If, within 90 days after the promulgation of an alternative maximum contaminant

level under subparagraph (F), the Governor of a State

submits a letter to the Administrator committing to develop a multimedia mitigation program under this subparagraph, the effective date of the national primary

drinking water regulation for radon in the State that

would be applicable under paragraph (10) shall be extended for a period of 18 months.

(vi) LOCAL PROGRAMS.—In the event that a State

chooses not to submit a multimedia mitigation program for approval under this subparagraph or has

submitted a program that has been disapproved, any

public water system in the State may submit a pro-
22

gram for approval by the Administrator according to

the same criteria, conditions, and approval process that

would apply to a State program. The Administrator

shall approve a multimedia mitigation program if the

health risk reduction benefits expected to be achieved

by the program are equal to or greater than the health

risk reduction benefits that would result from compliance by the public water system with the maximum

contaminant level for radon promulgated under subparagraph (E).

(14) RECYCLING OF FILTER BACKWASH.—The Administrator

shall promulgate a regulation to govern the recycling of filter

backwash water within the treatment process of a public water

system. The Administrator shall promulgate such regulation

not later than 4 years after the date of enactment of the Safe

Drinking Water Act Amendments of 1996 unless such recycling

has been addressed by the Administrator’s Enhanced Surface

Water Treatment Rule prior to such date.

(15) VARIANCE TECHNOLOGIES.—

(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—

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

3,300;

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

500; and

(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.

(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
23

of the technology, that the variance technology is protective

of public health.

(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 provide

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. (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.

(c) The Administrator shall publish proposed national secondary drinking water regulations within 270 days after the date of

enactment of this title. Within 90 days after publication of any

such regulation, he shall promulgate such regulation with such

modifications as he deems appropriate. Regulations under this subsection may be amended from time to time.

(d) Regulations under this section shall be prescribed in accordance with section 553 of title 5, United States Code (relating

to rulemaking), except that the Administrator shall provide opportunity for public hearing prior to promulgation of such regulations.

In proposing and promulgating regulations under this section, the

Administrator shall consult with the Secretary and the National

Drinking Water Advisory Council.

(e) The Administrator shall request comments from the Science

Advisory Board (established under the Environmental Research,
24

Development, and Demonstration Act of 1978) prior to proposal of

a maximum contaminant level goal and national primary drinking

water regulation. The Board shall respond, as it deems appropriate, within the time period applicable for promulgation of the

national primary drinking water standard concerned. This subsection shall, under no circumstances, be used to delay final promulgation of any national primary drinking water standard.

[42 U.S.C. 300g–1]

STATE PRIMARY ENFORCEMENT RESPONSIBILITY

SEC. 1413. (a) For purposes of this title, a State has primary

enforcement responsibility for public water systems during any period for which the Administrator determines (pursuant to regulations prescribed under subsection (b)) that such State—

ø(1) has adopted drinking water regulations which are no

less stringent than the national primary drinking water regulations in effect under such section 1412(a) and 1412(b);¿

(1) has adopted drinking water regulations that are no less

stringent than the national primary drinking water regulations

promulgated by the Administrator under subsections (a) and (b)

of section 1412 not later than 2 years after the date on which

the regulations are promulgated by the Administrator, except

that the Administrator may provide for an extension of not

more than 2 years if, after submission and review of appropriate, adequate documentation from the State, the Administrator determines that the extension is necessary and justified;

(2) has adopted and is implementing adequate procedures

for the enforcement of such State regulations, including conducting such monitoring and making such inspections as the

Administrator may require by regulation;

(3) will keep such records and make such reports with respect to its activities under paragraphs (1) and (2) as the Administrator may require by regulation;

(4) if it permits variances or exemptions, or both, from the

requirements of its drinking water regulations which meet the

requirements of paragraph (1), permits such variances and exemptions under conditions and in a manner which is not less

stringent than the conditions under, and the manner in, which

variances and exemptions may be granted under sections 1415

and 1416; øand¿

(5) has adopted and can implement an adequate plan for

the provision of safe drinking water under emergency circumstances including earthquakes, floods, hurricanes, and

other natural disasters, as appropriateƒ.≈; and

(6) has adopted authority for administrative penalties (unless the constitution of the State prohibits the adoption of the

authority) in a maximum amount—

(A) in the case of a system serving a population of more

than 10,000, that is not less than $1,000 per day per violation; and

(B) in the case of any other system, that is adequate to

ensure compliance (as determined by the State);
25

except that a State may establish a maximum limitation on the

total amount of administrative penalties that may be imposed

on a public water system per violation.

(b)(1) The Administrator shall, by regulation (proposed within

180 days of the date of the enactment of this title), prescribe the

manner in which a State may apply to the Administrator for a determination that the requirements of paragraphs (1), (2), (3), and

(4) of subsection (a) are satisfied with respect to the State, the

manner in which the determination is made, the period for which

the determination will be effective, and the manner in which the

Administrator may determine that such requirements are no longer

met. Such regulations shall require that before a determination of

the Administrator that such requirements are met or are no longer

met with respect to a State may become effective, the Administrator shall notify such State of the determination and the reasons

therefor and shall provide an opportunity for public hearing on the

determination. Such regulations shall be promulgated (with such

modifications as the Administrator deems appropriate) within 90

days of the publication of the proposed regulations in the Federal

Register. The Administrator shall promptly notify in writing the

chief executive officer of each State of the promulgation of regulations under this paragraph. Such notice shall contain a copy of the

regulations and shall specify a State’s authority under this title

when it is determined to have primary enforcement responsibility

for public water systems.

(2) When an application is submitted in accordance with the

Administrator’s regulations under paragraph (1), the Administrator

shall within 90 days of the date on which such application is submitted (A) make the determination applied for, or (B) deny the application and notify the applicant in writing of the reasons for his

denial.

(c) INTERIM PRIMARY ENFORCEMENT AUTHORITY.—A State that

has primary enforcement authority under this section with respect

to each existing national primary drinking water regulation shall be

considered to have primary enforcement authority with respect to

each new or revised national primary drinking water regulation

during the period beginning on the effective date of a regulation

adopted and submitted by the State with respect to the new or revised national primary drinking water regulation in accordance

with subsection (b)(1) and ending at such time as the Administrator

makes a determination under subsection (b)(2)(B) with respect to the

regulation.

[42 U.S.C. 300g–2]

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) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with

øany national primary drinking water regulation in effect

under section 1412¿ any applicable requirement, or
26

(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any

schedule or other requirement imposed pursuant thereto,

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

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

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

order under subsection (g) requiring the public water system to

comply with such øregulation or¿ applicable requirement or the

Administrator shall commence a civil action under subsection (b).

ø(2) Whenever, on the basis of information available to

him, the Administrator finds during a period during which a

State does not have primary enforcement responsibility for

public water systems that a public water system in such

State—

ø(A) for which a variance under section 1415(a)(2) or

an exemption under section 1416(f) is not in effect, does

not comply with any national primary drinking water regulation in effect under section 1412, or

ø(B) for which a variance under section 1415(a)(2) or

an exemption under section 1416(f) is in effect, does not

comply with any schedule or other requirement imposed

pursuant thereto,

the Administrator shall issue an order under subsection (g) requiring the public water system to comply with such regulation

or requirement or the Administrator shall commence a civil action under subsection (b).¿

(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) for which a variance under section 1415 or an

exemption under section 1416 is not in effect, does not

comply with any applicable requirement; or

(ii) for which a variance under section 1415 or an

exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed

pursuant to the variance or exemption;

the Administrator shall issue an order under subsection (g)

requiring the public water system to comply with the requirement, or commence a civil action under subsection (b).

(B) NOTICE.—If the Administrator takes any action

pursuant to this paragraph, the Administrator shall notify

an appropriate local elected official, if any, with jurisdiction over the public water system of the action prior to the

time that the action is taken.

(b) The Administrator may bring a civil action in the appropriate United States district court to require compliance with øa
27

national primary drinking water regulation¿ any applicable requirement, with an order issued under subsection (g), or with any

schedule or other requirement imposed pursuant to a variance or

exemption granted under section 1415 or 1416 if— (1) authorized under paragraph (1) or (2) of subsection (a),

or

(2) if requested by (A) the chief executive officer of the

State in which is located the public water system which is not

in compliance with such regulation or requirement, or (B) the

agency of such State which has jurisdiction over compliance by

public water systems in the State with national primary drinking water regulations or State drinking water regulations.

The court may enter, in an action brought under this subsection,

such judgment as protection of public health may require, taking

into consideration the time necessary to comply and the availability

of alternative water supplies; and, if the court determines that

there has been a violation of the regulation or schedule or other requirement with respect to which the action was brought, the court

may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator

a civil penalty of not to exceed $25,000 for each day in which such

violation occurs.

ø(c) Each owner or operator of a public water system shall give

notice to the persons served by it—

ø(1) of any failure on the part of the public water system to—

ø(A) comply with an applicable maximum contaminant

level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation, or

ø(B) perform monitoring required by section 1445(a), and

ø(2) if the public water system is subject to a variance granted under section 1415(a)(1)(A) or 1415(a)(2) for an inability to meet a

maximum contaminant level requirement or is subject to an exemption granted under section 1416, of—

ø(A) the existence of such variance or exemption, and

ø(B) any failure to comply with the requirements of any

schedule prescribed pursuant to the variance or exemption.

øThe Administrator shall by regulation prescribe the form,

manner, and frequency for giving notice under this subsection.

Within 15 months after the enactment of the Safe Drinking Water

Act Amendments of 1986, the Administrator shall amend such regulations to provide for different types and frequencies of notice

based on the differences between violations which are intermittent

or infrequent and violations which are continuous or frequent. Such

regulations shall also take into account the seriousness of any potential adverse health effects which may be involved. Notice of any

violation of a maximum contaminant level or any other violation

designated by the Administrator as posing a serious potential adverse health effect shall be given as soon as possible, but in no case

later than 14 days after the violation. Notice of a continuous violation of a regulation other than a maximum contaminant level shall

be given no less frequently than every 3 months. Notice of violations judged to be less serious shall be given no less frequently

than annually. The Administrator shall specify the types of notice
28

to be used to provide information as promptly and effectively as

possible taking into account both the seriousness of any potential

adverse health effects and the likelihood of reaching all affected

persons. Notification of violations shall include notice by general

circulation newspaper serving the area and, whenever appropriate,

shall also include a press release to electronic media and individual

mailings. Notice under this subsection shall provide a clear and

readily understandable explanation of the violation, any potential

adverse health effects, the steps that the system is taking to correct such violation and the necessity for seeking alternative water

supplies, if any until the violation is corrected. Until such amended

regulations are promulgated, the regulations in effect on the date

of the enactment of the Safe Drinking Water Act Amendments of

1986 shall remain in effect. The Administrator may also require

the owner or operator of a public water system to give notice to the

persons served by it of contaminant levels of any unregulated contaminant required to be monitored under section 1445(a). Any person who violates this subsection or regulations issued under this

subsection shall be subject to a civil penalty of not to exceed

$25,000.¿

(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) Notice of any failure on the part of the public water

system to—

(i) comply with an applicable maximum contaminant level or treatment technique requirement of, or a

testing procedure prescribed by, a national primary

drinking water regulation; or

(ii) perform monitoring required by section

1445(a).

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

granted under subsection (a)(1)(A), (a)(2), or (e) 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) the existence of the variance or exemption; and

(ii) any failure to comply with the requirements of

any schedule prescribed pursuant to the variance or exemption.

(C) Notice of the concentration level of any unregulated

contaminant for which the Administrator has required public notice pursuant to paragraph (2)(E).

(2) FORM, MANNER, AND FREQUENCY OF NOTICE.—

(A) IN GENERAL.—The Administrator shall, by regulation, and after consultation with the States, prescribe the

manner, frequency, form, and content for giving notice

under this subsection. The regulations shall—

(i) provide for different frequencies of notice based

on the differences between violations that are intermittent or infrequent and violations that are continuous or

frequent; and
29

(ii) take into account the seriousness of any potential adverse health effects that may be involved.

(B) STATE REQUIREMENTS.—

(i) IN GENERAL.—A State may, by rule, establish

alternative notification requirements—

(I) with respect to the form and content of notice given under and in a manner in accordance

with subparagraph (C); and

(II) with respect to the form and content of notice given under subparagraph (D).

(ii) CONTENTS.—The alternative requirements

shall provide the same type and amount of information

as required pursuant to this subsection and regulations

issued under subparagraph (A).

(iii) RELATIONSHIP TO SECTION 1413.—Nothing in

this subparagraph shall be construed or applied to

modify the requirements of section 1413.

(C) VIOLATIONS WITH POTENTIAL TO HAVE SERIOUS ADVERSE EFFECTS ON HUMAN HEALTH.—Regulations issued

under subparagraph (A) shall specify notification procedures for each 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. Each notice of

violation provided under this subparagraph shall—

(i) be distributed as soon as practicable after the

occurrence of the violation, but not later than 24 hours

after the occurrence of the violation;

(ii) provide a clear and readily understandable explanation of—

(I) the violation;

(II) the potential adverse effects on human

health;

(III) the steps that the public water system is

taking to correct the violation; and

(IV) the necessity of seeking alternative water

supplies until the violation is corrected;

(iii) be provided to the Administrator or the head

of the State agency that has primary enforcement responsibility under section 1413 as soon as practicable,

but not later than 24 hours after the occurrence of the

violation; and

(iv) as required by the State agency in general regulations of the State agency, or on a case-by-case basis

after the consultation referred to in clause (iii), considering the health risks involved—

(I) be provided to appropriate broadcast

media;

(II) be prominently published in a newspaper

of general circulation serving the area not later

than 1 day after distribution of a notice pursuant

to clause (i) or the date of publication of the next

issue of the newspaper; or
30

(III) be provided by posting or door-to-door notification in lieu of notification by means of broadcast media or newspaper.

(D) WRITTEN NOTICE.— (i) IN GENERAL.—Regulations issued under sub- paragraph (A) shall specify notification procedures for

violations other than the violations covered by subparagraph (C). The procedures shall specify that a public

water system shall provide written notice to each person served by the system by notice (I) in the first bill

(if any) prepared after the date of occurrence of the violation, (II) in an annual report issued not later than 1

year after the date of occurrence of the violation, or

(III) by mail or direct delivery as soon as practicable,

but not later than 1 year after the date of occurrence

of the violation.

(ii) FORM AND MANNER OF NOTICE.—The Administrator shall prescribe the form and manner of the notice to provide a clear and readily understandable explanation of the violation, any potential adverse health

effects, and the steps that the system is taking to seek

alternative water supplies, if any, until the violation is

corrected.

(E) UNREGULATED CONTAMINANTS.—The Administrator

may require the owner or operator of a public water system

to give notice to the persons served by the system of the concentration levels of an unregulated contaminant required to

be monitored under section 1445(a).

(3) REPORTS.— (A) ANNUAL REPORT BY STATE.— (i) IN GENERAL.—Not later than January 1, 1998,

and annually thereafter, each State that has primary

enforcement responsibility under section 1413 shall

prepare, make readily available to the public, and submit to the Administrator an annual report on violations of national primary drinking water regulations

by public water systems in the State, including violations with respect to (I) maximum contaminant levels,

(II) treatment requirements, (III) variances and exemptions, and (IV) monitoring requirements determined to

be significant by the Administrator after consultation

with the States.

(ii) DISTRIBUTION.—The State shall publish and

distribute summaries of the report and indicate where

the full report is available for review.

(B) ANNUAL REPORT BY ADMINISTRATOR.—Not later

than July 1, 1998, and annually thereafter, the Administrator shall prepare and make available to the public an

annual report summarizing and evaluating reports submitted by States pursuant to subparagraph (A) and notices

submitted by public water systems serving Indian Tribes

provided to the Administrator pursuant to subparagraph

(C) or (D) of paragraph (2) and making recommendations

concerning the resources needed to improve compliance
31

with this title. The report shall include information about

public water system compliance on Indian reservations and

about enforcement activities undertaken and financial assistance provided by the Administrator on Indian reservations, and shall make specific recommendations concerning

the resources needed to improve compliance with this title

on Indian reservations.

(4) CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER

SYSTEMS.—

(A) ANNUAL REPORTS TO CONSUMERS.—The Administrator, in consultation with public water systems, environmental groups, public interest groups, risk communication

experts, and the States, and other interested parties, shall

issue regulations within 24 months after the date of enactment of this paragraph to require each community water

system to mail to each customer of the system at least once

annually a report on the level of contaminants in the drinking water purveyed by that system (referred to in this paragraph as a ‘‘consumer confidence report’’). Such regulations

shall provide a brief and plainly worded definition of the

terms ‘‘maximum contaminant level goal’’, ‘‘maximum contaminant level’’, ‘‘variances’’, and ‘‘exemptions’’ and brief

statements in plain language regarding the health concerns

that resulted in regulation of each regulated contaminant.

The regulations shall also include a brief and plainly

worded explanation regarding contaminants that may reasonably be expected to be present in drinking water, including bottled water. The regulations shall also provide for an

Environmental Protection Agency toll-free hotline that consumers can call for more information and explanation.

(B) CONTENTS OF REPORT.—The consumer confidence

reports under this paragraph shall include, but not be limited to, each of the following:

(i) Information on the source of the water

purveyed.

(ii) A brief and plainly worded definition of the

terms ‘‘maximum contaminant level goal’’, ‘‘maximum

contaminant level’’, ‘‘variances’’, and ‘‘exemptions’’ as

provided in the regulations of the Administrator.

(iii) If any regulated contaminant is detected in the

water purveyed by the public water system, a statement

setting forth (I) the maximum contaminant level goal,

(II) the maximum contaminant level, (III) the level of

such contaminant in such water system, and (IV) for

any regulated contaminant for which there has been a

violation of the maximum contaminant level during the

year concerned, the brief statement in plain language

regarding the health concerns that resulted in regulation of such contaminant, as provided by the Administrator in regulations under subparagraph (A).

(iv) Information on compliance with national primary drinking water regulations, as required by the

Administrator, and notice if the system is operating
32

under a variance or exemption and the basis on which

the variance or exemption was granted.

(v) Information on the levels of unregulated contaminants for which monitoring is required under section 1445(a)(2) (including levels of cryptosporidium

and radon where States determine they may be found).

(vi) A statement that the presence of contaminants

in drinking water does not necessarily indicate that the

drinking water poses a health risk and that more information about contaminants and potential health effects

can be obtained by calling the Environmental Protection Agency hotline.

A public water system may include such additional information as it deems appropriate for public education. The

Administrator may, for not more than 3 regulated contaminants other than those referred to in subclause (IV) of

clause (iii), require a consumer confidence report under this

paragraph to include the brief statement in plain language

regarding the health concerns that resulted in regulation of

the contaminant or contaminants concerned, as provided by

the Administrator in regulations under subparagraph (A).

(C) COVERAGE.—The Governor of a State may determine not to apply the mailing requirement of subparagraph

(A) to a community water system serving fewer than 10,000

persons. Any such system shall—

(i) inform, in the newspaper notice required by

clause (iii) or by other means, its customers that the

system will not be mailing the report as required by

subparagraph (A);

(ii) make the consumer confidence report available

upon request to the public; and

(iii) publish the report referred to in subparagraph

(A) annually in one or more local newspapers serving

the area in which customers of the system are located.

(D) ALTERNATIVE TO PUBLICATION.—For any community water system which, pursuant to subparagraph (C), is

not required to meet the mailing requirement of subparagraph (A) and which serves 500 persons or fewer, the community water system may elect not to comply with clause

(i) or (iii) of subparagraph (C). If the community water system so elects, the system shall, at a minimum—

(i) prepare an annual consumer confidence report

pursuant to subparagraph (B); and

(ii) provide notice at least once per year to each of

its customers by mail, by door-to-door delivery, by posting or by other means authorized by the regulations of

the Administrator that the consumer confidence report

is available upon request.

(E) ALTERNATIVE FORM AND CONTENT.—A State exercising primary enforcement responsibility may establish, by

rule, after notice and public comment, alternative requirements with respect to the form and content of consumer

confidence reports under this paragraph.
33

(d) 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. (e) 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.

(f) If the Administrator makes a finding of noncompliance (de- scribed 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) the ways in which such system can within the earliest

feasible time be brought into compliance with the regulation or

requirement with respect to which such finding was made, and (2) the means for the maximum feasible protection of the

public health during any period in which such system is not in

compliance with a national primary drinking water regulation

or requirement applicable to a variance or exemption.

On the basis of such hearings the Administrator shall issue recommendations which shall be sent to such State and public water

system and shall be made available to the public and communications media.

(g)(1) In any case in which the Administrator is authorized to

bring a civil action under this section or under section 1445 with

respect to any øregulation, schedule, or other¿ applicable requirement, the Administrator also may issue an order to require compliance with such øregulation, schedule, or other¿ applicable requirement.

(2) An order issued under this subsection shall not take øeffect

until after notice and opportunity for public hearing and,¿ effect, in

the case of a State having primary enforcement responsibility for

public water systems in that State, until after the Administrator

has provided the State with an opportunity to confer with the Administrator regarding the øproposed¿ order. A copy of any order issued under this subsection shall be sent to the appropriate State

agency of the State involved if the State has primary enforcement

responsibility for public water systems in that State. Any order

øproposed to be¿ issued under this subsection shall state with reasonable specificity the nature of the violation. In any case in which

an order under this subsection is issued to a corporation, a copy of

such order shall be issued to appropriate corporate officers.
34

(3)(A) Any person who violates, or fails or refuses to comply

with, an order under this subsection shall be liable to the United

States for a civil penalty of not more than $25,000 per day of violation.

ø(B) any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption.

øThe Administrator shall by regulation prescribe the form,

manner, and frequency for giving notice under this subsection.

Within 15 months after the enactment of the Safe Drinking Water

Act Amendments of 1986, the Administrator shall amend such regulations to provide for different types and frequencies of notice

based on the differences between violations which are intermittent

or infrequent and violations which are continuous or frequent. Such

regulations shall also take into account the seriousness of any potential adverse health effects which may be involved. Notice of any

violation of a maximum contaminant level or any other violation

designated by the Administrator as posing a serious potential adverse health effect shall be given as soon as possible, but in no case

later than 14 days after the violation. Notice of a continuous violation of a regulation other than a maximum contaminant level shall

be given no less frequently than every 3 months. Notice of violations judged to be less serious shall be given no less frequently

than annually. The Administrator shall specify the types of notice

to be used to provide information as promptly and effectively as

possible taking into account both the seriousness of any potential

adverse health effects and the likelihood of reaching all affected

persons. Notification of violations shall include notice by general

circulation newspaper serving the area and, whenever appropriate,

shall also include a press release to electronic media and individual

mailings. Notice under this subsection shall provide a clear and

readily understandable explanation of the violation, any potential

adverse health effects, the steps that the system is taking to correct such violation and the necessity for seeking alternative water

supplies, if any until the violation is corrected. Until such amended

regulations are promulgated, the regulations in effect on the date

of the enactment of the Safe Drinking Water Act Amendments of

1986 shall remain in effect. The Administrator may also require

the owner or operator of a public water system to give notice to the

persons served by it of contaminant levels of any unregulated contaminant required to be monitored under section 1445(a). Any person who violates this subsection or regulations issued under this

subsection shall be subject to a civil penalty of not to exceed

$25,000.¿

(B) In a case in which a civil penalty sought by the Administrator under this paragraph does not exceed $5,000, the penalty

shall be assessed by the Administrator after notice and opportunity

for a public hearing (unless the person against whom the penalty

is assessed requests a hearing on the record in accordance with section 554 of title 5, United States Code). In a case in which a civil

penalty sought by the Administrator under this paragraph exceeds

$5,000, but does not exceed $25,000, the penalty shall be assessed

by the Administrator after notice and opportunity for a hearing on

the record in accordance with section 554 of title 5, United States

Code.
35

(C) Whenever any civil penalty sought by the Administrator

under this øparagraph exceeds $5,000¿ subsection for a violation of

an applicable requirement exceeds $25,000, the penalty shall be assessed by a civil action brought by the Administrator in the appropriate United States district court (as determined under the provisions of title 28 of the United States Code).

(D) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of

the Administrator, the Attorney General shall recover the amount

for which such person is liable in any appropriate district court of

the United States. In any such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

(h) CONSOLIDATION INCENTIVE.—

(1) IN GENERAL.—An owner or operator of a public water

system may submit to the State in which the system is located

(if the State has primary enforcement responsibility under section 1413) or to the Administrator (if the State does not have

primary enforcement responsibility) a plan (including specific

measures and schedules) for—

(A) the physical consolidation of the system with 1 or

more other systems;

(B) the consolidation of significant management and

administrative functions of the system with 1 or more other

systems; or

(C) the transfer of ownership of the system that may

reasonably be expected to improve drinking water quality.

(2) CONSEQUENCES OF APPROVAL.—If the State or the Administrator approves a plan pursuant to paragraph (1), no enforcement action shall be taken pursuant to this part with respect to a specific violation identified in the approved plan prior

to the date that is the earlier of the date on which consolidation

is completed according to the plan or the date that is 2 years

after the plan is approved.

(i) DEFINITION OF APPLICABLE REQUIREMENT.—In this section,

the term ‘‘applicable requirement’’ means—

(1) a requirement of section 1412, 1414, 1415, 1416, 1417,

1441, or 1445;

(2) a regulation promulgated pursuant to a section referred

to in paragraph (1);

(3) a schedule or requirement imposed pursuant to a section

referred to in paragraph (1); and

(4) a requirement of, or permit issued under, an applicable

State program for which the Administrator has made a determination that the requirements of section 1413 have been satisfied, or an applicable State program approved pursuant to this

part.

[42 U.S.C. 300g–3]
36

VARIANCES

SEC. 1415. (a) Notwithstanding any other provision of this

part, variances from national primary drinking water regulations

may be granted as follows:

(1)(A) A State which has primary enforcement responsibility for public water systems may grant one or more variances

from an applicable national primary drinking water regulation

to one or more public water systems within its jurisdiction

which, because of characteristics of the raw water sources

which are reasonably available to the systems, cannot meet the

requirements respecting the maximum contaminant levels of

such drinking water regulation. A variance may be issued to

a system on condition that the system install the best technology, treatment techniques, or other means, which the Administrator finds are available (taking costs into consideration), and based upon an evaluation satisfactory to the State

that indicates that alternative sources of water are not reasonably available to the system. The Administrator shall propose

and promulgate his finding of the best available technology,

treatment techniques or other means available for each contaminant for purposes of this subsection at the time he proposes and promulgates a maximum contaminant level for each

such contaminant. The Administrator’s finding of best available technology, treatment techniques or other means for purposes of this subsection may vary depending on the number of

persons served by the system or for other physical conditions

related to engineering feasibility and costs of compliance with

maximum contaminant levels as considered approprate by Administrator. Before a State may grant a variance under this

subparagraph, the State must find that the variance will not

result in an unreasonable risk to health. If a State grants a

public water system a variance under this subparagraph, the

State shall prescribe at the the time the variance is granted,

a schedule for—

(i) compliance (including increments of progress) by

the public water system with each contaminant level requirement with respect to which the variance was granted,

and

(ii) implementation by the public water system of such

additional control measures as the State may require for

each contaminant, subject to such contaminant level requirement, during the period ending on the date compliance with such requirement is required.

Before a schedule prescribed by a State pursuant to this subparagraph may take effect, the State shall provide notice and

opportunity for a public hearing on the schedule. A notice

given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held

pursuant to such notice shall include each of the schedules covered by the notice. A schedule prescribed pursuant to this subparagraph for a public water system granted a variance shall

require compliance by the system with each contaminant level

requirement with respect to which the variance was granted as
37

expeditiously as practicable (as the State may reasonably determine).

(B) A State which has primary enforcement responsibility

for public water systems may grant to one or more public

water systems within its jurisdiction one or more variances

from any provision of a national primary drinking water regulation which requires the use of a specified treatment technique with respect to a contaminant if the public water system

applying for the variance demonstrates to the satisfaction of

the State that such treatment technique is not necessary to

protect the health of persons because of the nature of the raw

water source of such system. A variance granted under this

subparagraph shall be conditioned on such monitoring and

other requirements as the Administrator may prescribe. (C) Before a variance proposed to be granted by a State under subparagraph (A) or (B) may take effect, such State

shall provide notice and opportunity for public hearing on the

proposed variance. A notice given pursuant to the preceding

sentence may cover the granting of more than one variance

and a hearing held pursuant to such notice shall include each

of the variances covered by the notice. The State shall promptly notify the Administrator of all variances granted by it. Such

notification shall contain the reason for the variance (and in

the case of a variance under subparagraph (A), the basis for

the finding required by that subparagraph before the granting

of the variance) and documentation of the need for the variance.

(D) Each public water system’s variance granted by a State under subparagraph (A) shall be conditioned by the State

upon compliance by the public water system with the schedule

prescribed by the State pursuant to that subparagraph. The requirements of each schedule prescribed by a State pursuant to

that subparagraph shall be enforceable by the State under its

laws. Any requirement of a schedule on which a variance

granted under that subparagraph is conditioned may be enforced under section 1414 as if such requirement was part of

a national primary drinking water regulation.

(E) Each schedule prescribed by a State pursuant to subparagraph (A) shall be deemed approved by the Administrator

unless the variance for which it was prescribed is revoked by

the Administrator under such subparagraph.

(F) Not later than 18 months after the effective date of the

interim national primary drinking water regulations the Administrator shall complete a comprehensive review of the

variances granted under subparagraph (A) (and schedules prescribed pursuant thereto) and under subparagraph (B) by the

States during the one-year period beginning on such effective

date. The Administrator shall conduct such subsequent reviews

of variances and schedules as he deems necessary to carry out

the purposes of this title, but each subsequent review shall be

completed within each 3-year period following the completion

of the first review under this subparagraph. Before conducting

any review under this subparagraph, the Administrator shall

publish notice of the proposed review in the Federal Register.
38

Such notice shall (i) provide information respecting the location

of data and other information respecting the variances to be reviewed (including data and other information concerning new

scientific matters bearing on such variances), and (ii) advise of

the opportunity to submit comments on the variances reviewed

and on the need for continuing them. Upon completion of any

such review, the Administrator shall publish in the Federal

Register the results of his review together with findings responsive to comments submitted in connection with such review.

(G)(i) If the Administrator finds that a State has, in a substantial number of instances, abused its discretion in granting

variances under subparagraph (A) or (B) or that in a substantial number of cases the State has failed to prescribe schedules

in accordance with subparagraph (A), the Administrator shall

notify the State of his findings. In determining if a State has

abused its discretion in granting variances in a substantial

number of instances, the Administrator shall consider the

number of persons who are affected by the variances and if the

requirements applicable to the granting of the variances were

complied with. A notice under this clause shall—

(I) identify each public water system with respect to

which the finding was made,

(II) specify the reasons for the finding, and

(III) as appropriate, propose revocations of specific

variances or propose revised schedules or other requirements for specific public water systems granted variances,

or both.

(ii) The Administrator shall provide reasonable notice and

public hearing on the provisions of each notice given pursuant

to clause (i) of this subparagraph. After a hearing on a notice

pursuant to such clause, the Administrator shall (I) rescind the

finding for which the notice was given and promptly notify the

State of such rescission, or (II) promulgate (with such modifications as he deems appropriate) such variance revocations and

revised schedules or other requirements proposed in such notice as he deems appropriate. Not later than 180 days after the

date a notice is given pursuant to clause (i) of this subparagraph, the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence.

(iii) If a State is notified under clause (i) of this subparagraph of a finding of the Administrator made with respect to

a variance granted a public water system within that State or

to a schedule or other requirement for a variance and if, before

a revocation of such variance or a revision of such schedule or

other requirement promulgated by the Administrator takes effect, the State takes corrective action with respect to such variance or schedule or other requirement which the Administrator

determines makes his finding inapplicable to such variance or

schedule or other requirement, the Administrator shall rescind

the application of his finding to that variance or schedule or

other requirement. No variance revocation or revised schedule

or other requirement may take effect before the expiration of
39

90 days following the date of the notice in which the revocation

or revised schedule or other requirement was proposed.

(2) If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have

the same authority to grant variances in such State as the

State would have under paragraph (1) if it had primary enforcement responsibility.

(3) The Administrator may grant a variance from any

treatment technique requirement of a national primary drinking water regulation upon a showing by any person that an alternative treatment technique not included in such requirement is at least as efficient in lowering the level of the contaminant with respect to which such requirement was prescribed. A variance under this paragraph shall be conditioned

on the use of the alternative treatment technique which is the

basis of the variance.

(b) Any schedule or other requirement on which a variance

granted under paragraph (1)(B) or (2) of subsection (a) is conditioned may be enforced under section 1414 as if such schedule or

other requirement was part of a national primary drinking water

regulation.

(c) If an application for a variance under subsection (a) is

made, the State receiving the application or the Administrator, as

the case may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission.

(d) For purposes of this section, the term ‘‘treatment technique

requirement’’ means a requirement in a national primary drinking

water regulation which specifies for a contaminant (in accordance

with section 1401(1)(C)(ii)) each treatment technique known to the

Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412(b).

(e) SMALL SYSTEM VARIANCES.—

(1) IN GENERAL.—A State exercising primary enforcement

responsibility for public water systems under section 1413 (or

the Administrator in nonprimacy States) may grant a variance

under this subsection for compliance with a requirement specifying a maximum contaminant level or treatment technique

contained in a national primary drinking water regulation to—

(A) public water systems serving 3,300 or fewer persons; and

(B) with the approval of the Administrator pursuant to

paragraph (9), public water systems serving more than

3,300 persons but fewer than 10,000 persons,

if the variance meets each requirement of this subsection.

(2) AVAILABILITY OF VARIANCES.—A public water system

may receive a variance pursuant to paragraph (1), if—

(A) the Administrator has identified a variance technology under section 1412(b)(15) that is applicable to the

size and source water quality conditions of the public water

system;

(B) the public water system installs, operates, and

maintains, in accordance with guidance or regulations is-
40

sued by the Administrator, such treatment technology,

treatment technique, or other means; and

(C) the State in which the system is located determines that the conditions of paragraph (3) are met.

(3) CONDITIONS FOR GRANTING VARIANCES.—A variance

under this subsection shall be available only to a system— (A) that cannot afford to comply, in accordance with affordability criteria established by the Administrator (or

the State in the case of a State that has primary enforcement responsibility under section 1413), with a national

primary drinking water regulation, including compliance

through—(i) treatment;

(ii) alternative source of water supply; or

(iii) restructuring or consolidation (unless the Ad- ministrator (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

(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.

(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 State

in the case of a State that has primary enforcement responsibility 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.

(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.

(6) INELIGIBILITY FOR VARIANCES.—A variance shall not be

available under this subsection for—

(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

(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.
41

(7) REGULATIONS AND GUIDANCE.— (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— (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; (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;

(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

(iv) information requirements for variance applications.

(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 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.

(8) REVIEW BY THE ADMINISTRATOR.—

(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.

(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.

(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
42

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.

(10) OBJECTIONS TO VARIANCES.—

(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.

(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

the variance under subparagraph (A) not later than 60

days after the receipt of the petition.

(C) TIMING.—No variance shall be granted by a State

until the later of the following:

(i) 90 days after the State proposes to grant a variance.

(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.

[42 U.S.C. 300g–4]

EXEMPTIONS

SEC. 1416. (a) A State which has primary enforcement responsibility may exempt any public water system within the State’s jurisdiction from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both,

of an applicable national primary drinking water regulation upon

a finding that—

(1) due to compelling factors (which may include economic

factors, including qualification of the public water system as a

system serving a disadvantaged community pursuant to section

1452(d)), the public water system is unable to comply with

such contaminant level or treatment technique requirement, or
43

to implement measures to develop an alternative source of water

supply, (2) the public water system was in operation on the effective date of such contaminant level or treatment technique requirement, a system that was not in operation by that date,

only if no reasonable alternative source of drinking water is

available to such new system, ø; and¿

(3) the granting of the exemption will not result in an unreasonable risk to health; and

(4) management or restructuring changes (or both) cannot

reasonably be made that will result in compliance with this

title or, if compliance cannot be achieved, improve the quality

of the drinking water.

(b)(1) If a State grants a public water system an exemption under subsection (a), the State shall prescribe, at the time the exemption is granted, a schedule for— (A) compliance ø(including increments of progress¿ (including increments of progress or measures to develop an alternative source of water supply) by the public water system with

each contaminant level ørequirement and treatment¿ requirement or treatment technique requirement with respect to which

the exemption was granted, and (B) implementation by the public water system of such

control measures as the State may require for each contaminant, subject to such contaminant level requirement or treatment technique requirement, during the period ending on the

date compliance with such requirement is required.

Before a schedule prescribed by a State pursuant to this subsection

may take effect, the State shall provide notice and opportunity for

a public hearing on the schedule. A notice given pursuant to the

preceding sentence may cover the prescribing of more than one

such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice. (2)(A) A schedule prescribed pursuant to this subsection for a

public water system granted an exemption under subsection (a)

shall require compliance by the system with each contaminant

level and treatment technique requirement with respect to which

the exemption was granted as expeditiously as practicable (as the

State may reasonably determine) but ø(except as provided in subparagraph (B)—

ø(i) in the case of an exemption granted with respect to a

contaminant level or treatment technique requirement prescribed by the national primary drinking water regulations

promulgated under section 1412(a), not later than 12 months

after enactment of the Safe Drinking Water Act Amendments

of 1986; and

ø(ii) in the case of an exemption granted with respect to

a contaminant level or treatment technique requirement prescribed by national primary drinking water regulations, other

than a regulation referred to in section 1412(a), 12 months

after the date of issuance of the exemption.

ø(B) The final date for compliance provided in any schedule in

the case of any exemption may be extended by the State (in the

case of a State which has primary enforcement responsibility) or by
44

the Administrator (in any other case) for a period not to exceed 3

years after the date of the issuance of the exemption if¿ not later

than 3 years after the otherwise applicable compliance date established in section 1412(b)(10).

(B) No exemption shall be granted unless the public water system establishes that—

(i) the system cannot meet the standard without capital

improvements which cannot be completed øwithin the period of

such exemption¿ prior to the date established pursuant to section 1412(b)(10);

(ii) in the case of a system which needs financial assistance for the necessary improvement, the system has entered

into an agreement to obtain such financial assistance or assistance pursuant to section 1452, or any other Federal or State

program is reasonably likely to be available within the period

of the exemption; or

(iii) the system has entered into an enforceable agreement

to become a part of a regional public water system; and

the system is taking all practicable steps to meet the standard. (C) In the case of a system which does not serve more than

ø500 service connections¿ a population of 3,300 and which needs

financial assistance for the necessary improvements, an exemption

granted under clause (i) or (ii) of subparagraph (B) may be renewed

for one or more additional 2-year periods, but not to exceed a total

of 6 years, if the system establishes that it is taking all practicable steps to meet the requirements of subparagraph (B). (D) LIMITATION.—A public water system may not receive an exemption under this section if the system was granted a variance

under section 1415(e).

(3) Each public water system’s exemption granted by a State under subsection (a) shall be conditioned by the State upon compliance by the public water system with the schedule prescribed by

the State pursuant to this subsection. The requirements of each

schedule prescribed by a State pursuant to this subsection shall be

enforceable by the State under its laws. Any requirement of a

schedule on which an exemption granted under this section is conditioned may be enforced under section 1414 as if such requirement

was part of a national primary drinking water regulation.

(4) Each schedule prescribed by a State pursuant to this subsection shall be deemed approved by the Administrator unless the

exemption for which it was prescribed is revoked by the Administrator under subsection (d)(2) or the schedule is revised by the Administrator under such subsection.

(c) Each State which grants an exemption under subsection (a)

shall promptly notify the Administrator of the granting of such exemption. Such notification shall contain the reasons for the exemption (including the basis for the finding required by subsection

(a)(3) before the exemption may be granted) and document the

need for the exemption.

(d)(1) Not later than 18 months after the effective date of the

interim national primary drinking water regulations the Administrator shall complete a comprehensive review of the exemptions

granted (and schedules prescribed pursuant thereto) by the States

during the one-year period beginning on such effective date. The
45

Administrator shall conduct such subsequent reviews of exemptions

and schedules as he deems necessary to carry out the purposes of

this title, but each subsequent review shall be completed within

each 3-year period following the completion of the first review

under this subparagraph. Before conducting any review under this

subparagraph, the Administrator shall publish notice of the proposed review in the Federal Register. Such notice shall (A) provide

information respecting the location of data and other information

respecting the exemptions to be reviewed (including data and other

information concerning new scientific matters bearing on such exemptions), and (B) advise of the opportunity to submit comments

on the exemptions reviewed and on the need for continuing them.

Upon completion of any such review, the Administrator shall publish in the Federal Register the results of his review together with

findings responsive to comments submitted in connection with such

review.

(2)(A) If the Administrator finds that a State has, in a substantial number of instances, abused its discretion in granting exemptions under subsection (a) or failed to prescribe schedules in accordance with subsection (b), the Administrator shall notify the State

of his finding. In determining if a State has abused its discretion

in granting exemptions in a substantial number of instances, the

Administrator shall consider the number of persons who are affected by the exemptions and if the requirements applicable to the

granting of the exemptions were complied with. A notice under this

subparagraph shall— (i) identify each exempt public water system with respect

to which the finding was made, (ii) specify the reasons for the finding, and

(iii) as appropriate, propose revocations of specific exemptions or propose revised schedules for specific exempt public

water systems, or both.

(B) The Administrator shall provide reasonable notice and public hearing on the provisions of each notice given pursuant to subparagraph (A). After a hearing on a notice pursuant to subparagraph (A), the Administrator shall (i) rescind the finding for which

the notice was given and promptly notify the State of such rescission, or (ii) promulgate (with such modifications as he deems appropriate) such exemption revocations and revised schedules proposed in such notice as he deems appropriate. Not later than 180

days after the date a notice is given pursuant to subparagraph (A),

the Administrator shall complete the hearing on the notice and

take the action required by the preceding sentence.

(C) If a State is notified under subparagraph (A) of a finding

of the Administrator made with respect to an exemption granted a

public water system within that State or to a schedule prescribed

pursuant to such an exemption and if before a revocation of such

exemption or a revision of such schedule promulgated by the Administrator takes effect the State takes corrective action with respect to such exemption or schedule which the Administrator determines makes his finding inapplicable to such exemption or schedule, the Administrator shall rescind the application of his finding

to that exemption or schedule. No exemption revocation or revised

schedule may take effect before the expiration of 90 days following
46

the date of the notice in which the revocation or revised schedule

was proposed.

(e) For purposes of this section, the term ‘‘treatment technique

requirement’’ means a requirement in a national primary drinking

water regulation which specifies for a contaminant (in accordance

with section 1401(1)(C)(ii)) each treatment technique known to the

Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412(b).

(f) If a State does not have primary enforcement responsibility

for public water systems, the Administrator shall have the same

authority to exempt public water systems in such State from maximum contaminant level requirements and treatment technique requirements under the same conditions and in the same manner as

the State would be authorized to grant exemptions under this section if it had primary enforcement responsibility.

(g) If an application for an exemption under this section is

made, the State receiving the application or the Administrator, as

the case may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission.

[42 U.S.C. 300g–5]

øSEC. 1417. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX¿

PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX

SEC. 1417. (a) IN GENERAL.—

ø(1) PROHIBITION.—Any pipe, solder, or flux, which is used

after the enactment of the Safe Drinking Water Act Amendments

of 1986, in the installation or repair of—

ø(A) any public water system, or

ø(B) any plumbing in a residential or nonresidential facility providing water for human consumption which is connected

to a public water system,

øshall be lead free (within the meaning of subsection (d)). This

paragraph shall not apply to leaded joints necessary for the repair

of cast iron pipes.¿

(1) PROHIBITIONS.—

(A) IN GENERAL.—No person may use any pipe, any

pipe or plumbing fitting or fixture, any solder, or any flux,

after June 19, 1986, in the installation or repair of—

(i) any public water system; or

(ii) any plumbing in a residential or nonresidential

facility providing water for human consumption,

that is not lead free (within the meaning of subsection (d)).

(B) LEADED JOINTS.—Subparagraph (A) shall not

apply to leaded joints necessary for the repair of cast iron

pipes.

(2) PUBLIC NOTICE REQUIREMENTS.—

(A) IN GENERAL.—Each owner or operator of a public

water system shall identify and provide notice to persons

that may be affected by lead contamination of their drinking water where such contamination results from either or

both of the following:
47

(i) The lead content in the construction materials

of the public water distribution system.

(ii) Corrosivity of the water supply sufficient to

cause leaching of lead.

The notice shall be provided in such manner and form as

may be reasonably required by the Administrator. Notice

under this paragraph shall be provided notwithstanding

the absence of a violation of any national drinking water

standard.

(B) CONTENTS OF NOTICE.—Notice under this paragraph shall provide a clear and readily understandable explanation of—

(i) the potential sources of lead in the drinking

water,

(ii) potential adverse health effects,

(iii) reasonably available methods of mitigating

known or potential lead content in drinking water,

(iv) any steps the system is taking to mitigate

lead content in drinking water, and

(v) the necessity for seeking alternative water supplies, if any.

(3) UNLAWFUL ACTS.—Effective 2 years after the date of enactment of this paragraph, it shall be unlawful—

(A) for any person to introduce into commerce any pipe,

or any pipe or plumbing fitting or fixture, that is not lead

free, except for a pipe that is used in manufacturing or industrial processing;

(B) for any person engaged in the business of selling

plumbing supplies, except manufacturers, to sell solder or

flux that is not lead free; or

(C) for any person to introduce into commerce any solder or flux that is not lead free unless the solder or flux

bears a prominent label stating that it is illegal to use the

solder or flux in the installation or repair of any plumbing

providing water for human consumption.

(b) STATE ENFORCEMENT.—

(1) ENFORCEMENT OF PROHIBITION.—The requirements of

subsection (a)(1) shall be enforced in all States effective 24

months after the enactment of this section. States shall enforce

such requirements through State or local plumbing codes, or

such other means of enforcement as the State may determine

to be appropriate.

(2) ENFORCEMENT OF PUBLIC NOTICE REQUIREMENTS.—The

requirements of subsection (a)(2) shall apply in all States effective 24 months after the enactment of this section.

(c) PENALTIES.—If the Administrator determines that a State is

not enforcing the requirements of subsection (a) as required pursuant to subsection (b), the Administrator may withhold up to 5 percent of Federal funds available to that State for State program

grants under section 1443(a).

(d) DEFINITION OF LEAD FREE.—For purposes of this section,

the term ‘‘lead free’’—
48

(1) when used with respect to solders and flux refers to solders and flux containing not more than 0.2 percent ølead and¿

lead;

(2) when used with respect to pipes and pipe fittings refers

to pipes and pipe fittings containing not more than 8.0 percent

ølead.¿ lead; and

(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).

(e) PLUMBING FITTINGS AND FIXTURES.—

(1) IN GENERAL.—The Administrator shall provide accurate

and timely technical information and assistance to qualified

third-party certifiers in the development of voluntary standards

and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer

to dispense water for human ingestion.

(2) STANDARDS.—

(A) IN GENERAL.—If a voluntary standard for the

leaching of lead is not established by the date that is 1 year

after the date of enactment of this subsection, the Administrator shall, not later than 2 years after the date of enactment of this subsection, promulgate regulations setting a

health-effects-based performance standard establishing

maximum leaching levels from new plumbing fittings and

fixtures that are intended by the manufacturer to dispense

water for human ingestion. The standard shall become effective on the date that is 5 years after the date of promulgation of the standard.

(B) ALTERNATIVE REQUIREMENT.—If regulations are required to be promulgated under subparagraph (A) and

have not been promulgated by the date that is 5 years after

the date of enactment of this subsection, no person may import, manufacture, process, or distribute in commerce a new

plumbing fitting or fixture, intended by the manufacturer

to dispense water for human ingestion, that contains more

than 4 percent lead by dry weight.

[42 U.S.C. 300g–6]

MONITORING OF CONTAMINANTS

SEC. 1418. (a) INTERIM MONITORING RELIEF AUTHORITY.—

(1) IN GENERAL.—A State exercising primary enforcement

responsibility for public water systems may modify the monitoring requirements for any regulated or unregulated contaminants for which monitoring is required other than microbial

contaminants (or indicators thereof), disinfectants and disinfection byproducts or corrosion byproducts for an interim period to

provide that any public water system serving 10,000 persons or

fewer shall not be required to conduct additional quarterly

monitoring during an interim relief period for such contaminants if—

(A) monitoring, conducted at the beginning of the period for the contaminant concerned and certified to the

State by the public water system, fails to detect the presence
49

of the contaminant in the ground or surface water supplying the public water system; and (B) the State, considering the hydrogeology of the area

and other relevant factors, determines in writing that the

contaminant is unlikely to be detected by further monitoring during such period.

(2) TERMINATION; TIMING OF MONITORING.—The interim relief period referred to in paragraph (1) shall terminate when

permanent monitoring relief is adopted and approved for such

State, or at the end of 36 months after the date of enactment

of the Safe Drinking Water Act Amendments of 1996, whichever

comes first. In order to serve as a basis for interim relief, the

monitoring conducted at the beginning of the period must occur

at the time determined by the State to be the time of the public

water system’s greatest vulnerability to the contaminant concerned in the relevant ground or surface water, taking into account in the case of pesticides the time of application of the pesticide for the source water area and the travel time for the pesticide to reach such waters and taking into account, in the case

of other contaminants, seasonality of precipitation and contaminant travel time.

(b) PERMANENT MONITORING RELIEF AUTHORITY.— (1) IN GENERAL.—Each State exercising primary enforcement responsibility for public water systems under this title and

having an approved source water assessment program may

adopt, in accordance with guidance published by the Administrator, tailored alternative monitoring requirements for public

water systems in such State (as an alternative to the monitoring

requirements for chemical contaminants set forth in the applicable national primary drinking water regulations) where the

State concludes that (based on data available at the time of

adoption concerning susceptibility, use, occurrence, or wellhead

protection, or from the State’s drinking water source water assessment program) such alternative monitoring would provide

assurance that it complies with the Administrator’s guidelines.

The State program must be adequate to assure compliance

with, and enforcement of, applicable national primary drinking

water regulations. Alternative monitoring shall not apply to

regulated microbiological contaminants (or indicators thereof),

disinfectants and disinfection byproducts, or corrosion byproducts. The preceding sentence is not intended to limit other authority of the Administrator under other provisions of this title

to grant monitoring flexibility.

(2) GUIDELINES.—

(A) IN GENERAL.—The Administrator shall issue, after

notice and comment and at the same time as guidelines are

issued for source water assessment under section 1453,

guidelines for States to follow in proposing alternative

monitoring requirements under paragraph (1) for chemical

contaminants. The Administrator shall publish such guidelines in the Federal Register. The guidelines shall assure

that the public health will be protected from drinking water

contamination. The guidelines shall require that a State alternative monitoring program apply on a contaminant-by-
50

contaminant basis and that, to be eligible for such alternative monitoring program, a public water system must

show the State that the contaminant is not present in the

drinking water supply or, if present, it is reliably and consistently below the maximum contaminant level. (B) DEFINITION.—For purposes of subparagraph (A),

the phrase ‘‘reliably and consistently below the maximum

contaminant level’’ means that, although contaminants

have been detected in a water supply, the State has sufficient knowledge of the contamination source and extent of

contamination to predict that the maximum contaminant

level will not be exceeded. In determining that a contaminant is reliably and consistently below the maximum contaminant level, States shall consider the quality and completeness of data, the length of time covered and the volatility or stability of monitoring results during that time,

and the proximity of such results to the maximum contaminant level. Wide variations in the analytical results, or analytical results close to the maximum contaminant level,

shall not be considered to be reliably and consistently below

the maximum contaminant level.

(3) EFFECT OF DETECTION OF CONTAMINANTS.—The guide- lines issued by the Administrator under paragraph (2) shall require that if, after the monitoring program is in effect and operating, a contaminant covered by the alternative monitoring program is detected at levels at or above the maximum contaminant level or is no longer reliably or consistently below the maximum contaminant level, the public water system must either— (A) demonstrate that the contamination source has

been removed or that other action has been taken to eliminate the contamination problem; or

(B) test for the detected contaminant pursuant to the

applicable national primary drinking water regulation.

(4) STATES NOT EXERCISING PRIMARY ENFORCEMENT RESPONSIBILITY.—The Governor of any State not exercising primary enforcement responsibility under section 1413 on the date

of enactment of this section may submit to the Administrator a

request that the Administrator modify the monitoring requirements established by the Administrator and applicable to public water systems in that State. After consultation with the Governor, the Administrator shall modify the requirements for public water systems in that State if the request of the Governor is

in accordance with each of the requirements of this subsection

that apply to alternative monitoring requirements established

by States that have primary enforcement responsibility. A decision by the Administrator to approve a request under this

clause shall be for a period of 3 years and may subsequently be

extended for periods of 5 years.

(c) TREATMENT AS NPDWR.—All monitoring relief granted by

a State to a public water system for a regulated contaminant under

subsection (a) or (b) shall be treated as part of the national primary

drinking water regulation for that contaminant.

(d) OTHER MONITORING RELIEF.—Nothing in this section shall

be construed to affect the authority of the States under applicable
51

national primary drinking water regulations to alter monitoring requirements through waivers or other existing authorities. The Administrator shall periodically review and, as appropriate, revise

such authorities.

[42 U.S.C. 300g–7]

OPERATOR CERTIFICATION

SEC. 1419. (a) GUIDELINES.—Not later than 30 months after the

date of enactment of the Safe Drinking Water Act Amendments of

1996 and in cooperation with the States, the Administrator shall

publish guidelines in the Federal Register, after notice and opportunity for comment from interested persons, including States and

public water systems, specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity public water systems. Such guidelines

shall take into account existing State programs, the complexity of

the system, and other factors aimed at providing an effective program at reasonable cost to States and public water systems, taking

into account the size of the system. (b) STATE PROGRAMS.—Beginning 2 years after the date on which the Administrator publishes guidelines under subsection (a),

the Administrator shall withhold 20 percent of the funds a State is

otherwise entitled to receive under section 1452 unless the State has

adopted and is implementing a program for the certification of operators of community and nontransient noncommunity public water

systems that meets the requirements of the guidelines published pursuant to subsection (a) or that has been submitted in compliance

with subsection (c) and that has not been disapproved. (c) EXISTING PROGRAMS.—For any State exercising primary en- forcement responsibility for public water systems or any other State

which has an operator certification program, the guidelines under

subsection (a) shall allow the State to enforce such program in lieu

of the guidelines under subsection (a) if the State submits the program to the Administrator within 18 months after the publication

of the guidelines unless the Administrator determines (within 9

months after the State submits the program to the Administrator)

that such program is not substantially equivalent to such guidelines. In making this determination, an existing State program

shall be presumed to be substantially equivalent to the guidelines,

notwithstanding program differences, based on the size of systems

or the quality of source water, providing the State program meets

the overall public health objectives of the guidelines. If disapproved,

the program may be resubmitted within 6 months after receipt of

notice of disapproval.

(d) EXPENSE REIMBURSEMENT.—

(1) IN GENERAL.—The Administrator shall provide reimbursement for the costs of training, including an appropriate

per diem for unsalaried operators, and certification for persons

operating systems serving 3,300 persons or fewer that are required to undergo training pursuant to this section.

(2) STATE GRANTS.—The reimbursement shall be provided

through grants to States with each State receiving an amount

sufficient to cover the reasonable costs for training all such operators in the State, as determined by the Administrator, to the
52

extent required by this section. Grants received by a State pursuant to this paragraph shall first be used to provide reimbursement for training and certification costs of persons operating systems serving 3,300 persons or fewer. If a State has reimbursed all such costs, the State may, after notice to the Administrator, use any remaining funds from the grant for any of the

other purposes authorized for grants under section 1452. (3) AUTHORIZATION.—There are authorized to be appropriated to the Administrator to provide grants for reimbursement under this section $30,000,000 for each of fiscal years

1997 through 2003. (4) RESERVATION.—If the appropriation made pursuant to paragraph (3) for any fiscal year is not sufficient to satisfy the

requirements of paragraph (1), the Administrator shall, prior to

any other allocation or reservation, reserve such sums as necessary from the funds appropriated pursuant to section 1452(m)

to provide reimbursement for the training and certification costs

mandated by this subsection.

[42 U.S.C. 300g–8]

CAPACITY DEVELOPMENT

SEC. 1420. (a) STATE AUTHORITY FOR NEW SYSTEMS.—A State

shall receive only 80 percent of the allotment that the State is otherwise entitled to receive under section 1452 (relating to State loan

funds) unless the State has obtained the legal authority or other

means to ensure that all new community water systems and new

nontransient, noncommunity water systems commencing operation

after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect to each national primary drinking

water regulation in effect, or likely to be in effect, on the date of

commencement of operations. (b) SYSTEMS IN SIGNIFICANT NONCOMPLIANCE.— (1) LIST.—Beginning not later than 1 year after the date of enactment of this section, each State shall prepare, periodically

update, and submit to the Administrator a list of community

water systems and nontransient, noncommunity water systems

that have a history of significant noncompliance with this title

(as defined in guidelines issued prior to the date of enactment

of this section or any revisions of the guidelines that have been

made in consultation with the States) and, to the extent practicable, the reasons for noncompliance.

(2) REPORT.—Not later than 5 years after the date of enactment of this section and as part of the capacity development

strategy of the State, each State shall report to the Administrator on the success of enforcement mechanisms and initial capacity development efforts in assisting the public water systems

listed under paragraph (1) to improve technical, managerial,

and financial capacity.

(3) WITHHOLDING.—The list and report under this subsection shall be considered part of the capacity development

strategy of the State required under subsection (c) of this section

for purposes of the withholding requirements of section

1452(a)(1)(G)(i) (relating to State loan funds).

(c) CAPACITY DEVELOPMENT STRATEGY.—
53

(1) IN GENERAL.—Beginning 4 years after the date of enactment of this section, a State shall receive only— (A) 90 percent in fiscal year 2001;

(B) 85 percent in fiscal year 2002; and

(C) 80 percent in each subsequent fiscal year,

of the allotment that the State is otherwise entitled to receive

under section 1452 (relating to State loan funds), unless the

State is developing and implementing a strategy to assist public

water systems in acquiring and maintaining technical, managerial, and financial capacity. (2) CONTENT.—In preparing the capacity development strategy, the State shall consider, solicit public comment on, and include as appropriate—

(A) the methods or criteria that the State will use to

identify and prioritize the public water systems most in

need of improving technical, managerial, and financial capacity; (B) a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local level

that encourage or impair capacity development; (C) a description of how the State will use the authorities and resources of this title or other means to—

(i) assist public water systems in complying with

national primary drinking water regulations; (ii) encourage the development of partnerships between public water systems to enhance the technical,

managerial, and financial capacity of the systems; and (iii) assist public water systems in the training and

certification of operators;

(D) a description of how the State will establish a baseline and measure improvements in capacity with respect to

national primary drinking water regulations and State

drinking water law; and (E) an identification of the persons that have an interest in and are involved in the development and implementation of the capacity development strategy (including all

appropriate agencies of Federal, State, and local governments, private and nonprofit public water systems, and

public water system customers).

(3) REPORT.—Not later than 2 years after the date on which

a State first adopts a capacity development strategy under this

subsection, and every 3 years thereafter, the head of the State

agency that has primary responsibility to carry out this title in

the State shall submit to the Governor a report that shall also

be available to the public on the efficacy of the strategy and

progress made toward improving the technical, managerial,

and financial capacity of public water systems in the State.

(4) REVIEW.—The decisions of the State under this section

regarding any particular public water system are not subject to

review by the Administrator and may not serve as the basis for

withholding funds under section 1452.

(d) FEDERAL ASSISTANCE.—

(1) IN GENERAL.—The Administrator shall support the

States in developing capacity development strategies.
54

(2) INFORMATIONAL ASSISTANCE.—

(A) IN GENERAL.—Not later than 180 days after the

date of enactment of this section, the Administrator shall—

(i) conduct a review of State capacity development

efforts in existence on the date of enactment of this section and publish information to assist States and public water systems in capacity development efforts; and

(ii) initiate a partnership with States, public water

systems, and the public to develop information for

States on recommended operator certification requirements.

(B) PUBLICATION OF INFORMATION.—The Administrator

shall publish the information developed through the partnership under subparagraph (A)(ii) not later than 18

months after the date of enactment of this section.

(3) PROMULGATION OF DRINKING WATER REGULATIONS.—In

promulgating a national primary drinking water regulation,

the Administrator shall include an analysis of the likely effect

of compliance with the regulation on the technical, financial,

and managerial capacity of public water systems.

(4) GUIDANCE FOR NEW SYSTEMS.—Not later than 2 years

after the date of enactment of this section, the Administrator

shall publish guidance developed in consultation with the

States describing legal authorities and other means to ensure

that all new community water systems and new nontransient,

noncommunity water systems demonstrate technical, managerial, and financial capacity with respect to national primary

drinking water regulations.

(e) VARIANCES AND EXEMPTIONS.—Based on information obtained under subsection (c)(3), the Administrator shall, as appropriate, modify regulations concerning variances and exemptions for

small public water systems to ensure flexibility in the use of the

variances and exemptions. Nothing in this subsection shall be interpreted, construed, or applied to affect or alter the requirements of

section 1415 or 1416.

(f) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY ASSISTANCE

CENTERS.—

(1) GRANT PROGRAM.—The Administrator is authorized to

make grants to institutions of higher learning to establish and

operate small public water system technology assistance centers

in the United States.

(2) RESPONSIBILITIES OF THE CENTERS.—The responsibilities of the small public water system technology assistance centers established under this subsection shall include the conduct

of training and technical assistance relating to the information,

performance, and technical needs of small public water systems

or public water systems that serve Indian Tribes.

(3) APPLICATIONS.—Any institution of higher learning interested in receiving a grant under this subsection shall submit to

the Administrator an application in such form and containing

such information as the Administrator may require by regulation.
55

(4) SELECTION CRITERIA.—The Administrator shall select

recipients of grants under this subsection on the basis of the following criteria: (A) The small public water system technology assistance center shall be located in a State that is representative

of the needs of the region in which the State is located for

addressing the drinking water needs of small and rural

communities or Indian Tribes.

(B) The grant recipient shall be located in a region that

has experienced problems, or may reasonably be foreseen to

experience problems, with small and rural public water systems.

(C) The grant recipient shall have access to expertise in

small public water system technology management. (D) The grant recipient shall have the capability to disseminate the results of small public water system technology and training programs. (E) The projects that the grant recipient proposes to

carry out under the grant are necessary and appropriate. (F) The grant recipient has regional support beyond the

host institution.

(5) CONSORTIA OF STATES.—At least 2 of the grants under

this subsection shall be made to consortia of States with low

population densities.

(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to make grants under this subsection

$2,000,000 for each of the fiscal years 1997 through 1999, and

$5,000,000 for each of the fiscal years 2000 through 2003.

(g) ENVIRONMENTAL FINANCE CENTERS.— (1) IN GENERAL.—The Administrator shall provide initial

funding for one or more university-based environmental finance

centers for activities that provide technical assistance to State

and local officials in developing the capacity of public water

systems. Any such funds shall be used only for activities that

are directly related to this title.

(2) NATIONAL CAPACITY DEVELOPMENT CLEARINGHOUSE.—

The Administrator shall establish a national public water system capacity development clearinghouse to receive and disseminate information with respect to developing, improving, and

maintaining financial and managerial capacity at public water

systems. The Administrator shall ensure that the clearinghouse

does not duplicate other federally supported clearinghouse activities.

(3) CAPACITY DEVELOPMENT TECHNIQUES.—The Administrator may request an environmental finance center funded

under paragraph (1) to develop and test managerial, financial,

and institutional techniques for capacity development. The techniques may include capacity assessment methodologies, manual

and computer based public water system rate models and capital planning models, public water system consolidation procedures, and regionalization models.

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $1,500,000

for each of the fiscal years 1997 through 2003.
56

(5) LIMITATION.—No portion of any funds made available under this subsection may be used for lobbying expenses.

[42 U.S.C. 300g–9]

PART C—PROTECTION OF UNDERGROUND SOURCES OF DRINKING

WATER

REGULATIONS FOR STATE PROGRAMS

SEC. 1421. (a)(1) The Administrator shall publish proposed reg- ulations for State underground injection control programs within

180 days after the date of enactment of this title. Within 180 days

after publication of such proposed regulations, he shall promulgate

such regulations with such modifications as he deems appropriate.

Any regulation under this subsection may be amended from time

to time.

(2) Any regulation under this section shall be proposed and promulgated in accordance with section 553 of title 5, United

States Code (relating to rulemaking), except that the Administrator

shall provide opportunity for public hearing prior to promulgation

of such regulations. In proposing and promulgating regulations

under this section, the Administrator shall consult with the Secretary, the National Drinking Water Advisory Council, and other

appropriate Federal entities and with interested State entities.

(b)(1) Regulations under subsection (a) for State underground

injection programs shall contain minimum requirements for effective programs to prevent underground injection which endangers

drinking water sources within the meaning of subsection (d)(2).

Such regulations shall require that a State program, in order to be

approved under section 1422—

(A) shall prohibit, effective on the date on which the applicable underground injection control program takes effect, any

underground injection in such State which is not authorized by

a permit issued by the State (except that the regulations may

permit a State to authorize underground injection by rule); (B) shall require (i) in the case of a program which provides for authorization of underground injection by permit,

that the applicant for the permit to inject must satisfy the

State that the underground injection will not endanger drinking water sources, and (ii) in the case of a program which provides for such an authorization by rule, that no rule may be

promulgated which authorizes any underground injection

which endangers drinking water sources; (C) shall include inspection, monitoring, recordkeeping,

and reporting requirements; and (D) shall apply (i) as prescribed by section 1447(b), to un- derground injections by Federal agencies, and (ii) to underground injections by any other person whether or not occurring

on property owned or leased by the United States.

(2) Regulations of the Administrator under this section for

State underground injection control programs may not prescribe requirements which interfere with or impede—

(A) the underground injection of brine or other fluids

which are brought to the surface in connection with oil or natural gas production or natural gas storage operations, or
57

(B) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

unless such requirements are essential to assure that underground

sources of drinking water will not be endangered by such injection.

(3)(A) The regulations of the Administrator under this section

shall permit or provide for consideration of varying geologic,

hydrological, or historical conditions in different States and in different areas within a State.

(B)(i) In prescribing regulations under this section the Administrator shall, to the extent feasible, avoid promulgation of requirements which would unnecessarily disrupt State underground injection control programs which are in effect and being enforced in a

substantial number øor¿ of States.

(ii) For the purpose of this subparagraph, a regulation prescribed by the Administrator under this section shall be deemed to

disrupt a State underground injection control program only if it

would be infeasible to comply with both such regulation and the

State underground injection control program.

(iii) For the purpose of this subparagraph, a regulation prescribed by the Administrator under this section shall be deemed

unnecessary only if, without such regulation, underground sources

of drinking water will not be endangered by any underground injection.

(C) Nothing in this section shall be construed to alter or affect

the duty to assure that underground sources of drinking water will

not be endangered by any underground injection.

(c)(1) The Administrator may, upon application of the Governor

of a State which authorizes underground injection by means of permits, authorize such State to issue (without regard to subsection

(b)(1)(B)(i)) temporary permits for underground injection which

may be effective until the expiration of four years after the date of

enactment of this title, if—

(A) the Administrator finds that the State has demonstrated that it is unable and could not reasonably have been

able to process all permit applications within the time available;

(B) the Administrator determines the adverse effect on the

environment of such temporary permits is not unwarranted;

(C) such temporary permits will be issued only with respect to injection wells in operation on the date on which such

State’s permit program approved under this part first takes effect and for which there was inadequate time to process its

permit application; and

(D) the Administrator determines the temporary permits

require the use of adequate safeguards established by rules

adopted by him.

(2) The Administrator may, upon application of the Governor

of a State which authorizes underground injection by means of permits, authorize such State to issue (without regard to subsection

(b)(1)(B)(i)), but after reasonable notice and hearing, one or more

temporary permits each of which is applicable to a particular injection well and to the underground injection of a particular fluid and

which may be effective until the expiration of four years after the
58

date of enactment of this title, if the State finds, on the record of

such hearing—

(A) that technology (or other means) to permit safe injection of the fluid in accordance with the applicable underground

injection control program is not generally available (taking

costs into consideration);

(B) that injection of the fluid would be less harmful to

health than the use of other available means of disposing of

waste or producing the desired product; and

(C) that available technology or other means have been

employed (and will be employed) to reduce the volume and toxicity of the fluid and to minimize the potentially adverse effect

of the injection on the public health.

(d) For purposes of this part:

(1) The term ‘‘underground injection’’ means the subsurface emplacement of fluids by well injection. Such term does

not include the underground injection of natural gas for purposes of storage.

(2) Underground injection endangers drinking water

sources if such injection may result in the presence in underground water which supplies or can reasonably be expected to

supply any public water system of any contaminant, and if the

presence of such contaminant may result in such system’s not

complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons.

[42 U.S.C. 300h]

STATE PRIMARY ENFORCEMENT RESPONSIBILITY

SEC. 1422. (a) Within 180 days after the date of enactment of

this title, the Administrator shall list in the Federal Register each

State for which in his judgment a State underground injection control program may be necessary to assure that underground injection will not endanger drinking water sources. Such list may be

amended from time to time.

(b)(1)(A) Each State listed under subsection (a) shall within

270 days after the date of promulgation of any regulation under

section 1421 (or, if later, within 270 days after such State is first

listed under subsection (a)) submit to the Administrator an application which contains a showing satisfactory to the Administrator

that the State—

(i) has adopted after reasonable notice and public hearings,

and will implement, an underground injection control program

which meets the requirements of regulations in effect under

section 1421; and

(ii) will keep such records and make such reports with respect to its activities under its underground injection control

program as the Administrator may require by regulation.

The Administrator may, for good cause, extend the date for submission of an application by any State under this subparagraph for a

period not to exceed an additional 270 days.

(B) Within 270 days of any amendment of a regulation under

section 1421 revising or adding any requirement respecting State

underground injection control programs, each State listed under
59

subsection (a) shall submit (in such form and manner as the Administrator may require) a notice to the Administrator containing

a showing satisfactory to him that the State underground injection

control program meets the revised or added requirement. (2) Within ninety days after the State’s application under para- graph (1)(A) or notice under paragraph (1)(B) and after reasonable

opportunity for presentation of views, the Administrator shall by

rule either approve, disapprove, or approve in part and disapprove

in part, the State’s underground injection control program. (3) If the Administrator approves the State’s program under paragraph (2), the State shall have primary enforcement responsibility for underground water sources until such time as the Administrator determines, by rule, that such State no longer meets

the requirements of clause (i) or (ii) of paragraph (1)(A) of this subsection.

(4) Before promulgating any rule under paragraph (2) or (3) of

this subsection, the Administrator shall provide opportunity for

public hearing respecting such rule. (c) If the Administrator disapproves a State’s program (or part thereof) under subsection (b)(2), if the Administrator determines

under subsection (b)(3) that a State no longer meets the requirements of clause (i) or (ii) of subsection (b)(1)(A), or if a State fails

to submit an application or notice before the date of expiration of

the period specified in subsection (b)(1), the Administrator shall by

regulation within 90 days after the date of such disapproval, determination, or expiration (as the case may be) prescribe (and may

from time to time by regulation revise) a program applicable to

such State meeting the requirements of section 1421(b). Such program may not include requirements which interfere with or

impede—

(1) the underground injection of brine or other fluids which

are brought to the surface in connection with oil or natural gas

production or natural gas storage operations, or (2) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

unless such requirements are essential to assure that underground

sources of drinking water will not be endangered by such injection.

Such program shall apply in such State to the extent that a program adopted by such State which the Administrator determines

meets such requirements is not in effect. Before promulgating any

regulation under this section, the Administrator shall provide opportunity for public hearing respecting such regulation.

(d) For purposes of this title, the term ‘‘applicable underground

injection control program’’ with respect to a State means the program (or most recent amendment thereof) (1) which has been

adopted by the State and which has been approved under subsection (b), or (2) which has been prescribed by the Administrator

under subsection (c).

(e) An Indian Tribe may assume primary enforcement responsibility for underground injection control under this section consistent with such regulations as the Administrator has prescribed pursuant to Part C and section 1451 of this Act. The area over which

such Indian Tribe exercises governmental jurisdiction need not

have been listed under subsection (a) of this section, and such
60

Tribe need not submit an application to assume primary enforcement responsibility within the 270-day deadline noted in subsection (b)(1)(A) of this section. Until an Indian Tribe assumes primary enforcement responsibility, the currently applicable underground injection control program shall continue to apply. If an applicable underground injection control program does not exist for

an Indian Tribe, the Administrator shall prescribe such a program

pursuant to subsection (c) of this section, and consistent with section 1421(b), within 270 days after the enactment of the Safe

Drinking Water Act Amendments of 1986, unless an Indian Tribe

first obtains approval to assume primary enforcement responsibility for underground injection control.

[42 U.S.C. 300h–1]

ENFORCEMENT OF PROGRAM

SEC. 1423. (a)(1) Whenever the Administrator finds during a period during which a State has primary enforcement responsibility for underground water sources (within the meaning of section

1422(b)(3) or section 1425(c)) that any person who is subject to a

requirement of an applicable underground injection control program in such State is violating such requirement, he shall so notify

the State and the person violating such requirement. If beyond the

thirtieth day after the Administrator’s notification the State has

not commenced appropriate enforcement action, the Administrator

shall issue an order under subsection (c) requiring the person to

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

(2) Whenever the Administrator finds during a period during which a State does not have primary enforcement responsibility for

underground water sources that any person subject to any requirement of any applicable underground injection control program in

such State is violating such requirement, the Administrator shall

issue an order under subsection (c) requiring the person to comply

with such requirement or the Administrator shall commence a civil

action under subsection (b).

(b) CIVIL AND CRIMINAL ACTIONS.—Civil actions referred to in

paragraphs (1) and (2) of subsection (a) shall be brought in the appropriate United States district court. Such court shall have jurisdiction to require compliance with any requirement of an applicable

underground injection program or with an order issued under subsection (c). The court may enter such judgment as protection of

public health may require. Any person who violates any requirement of an applicable underground injection control program or an

order requiring compliance under subsection (c)—

(1) shall be subject to a civil penalty of not more than

$25,000 for each day of such violation, and

(2) if such violation is willful, such person may, in addition

to or in lieu of the civil penalty authorized by paragraph (1),

be imprisoned for not more than 3 years, or fined in accordance

with title 18 of the United States Code, or both.

(c) ADMINISTRATIVE ORDERS.—(1) In any case in which the Administrator is authorized to bring a civil action under this section

with respect to any regulation or other requirement of this part

other than those relating to—
61

(A) the underground injection of brine or other fluids

which are brought to the surface in connection with oil or natural gas production, or

(B) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

the Administrator may also issue an order under this subsection either assessing a civil penalty of not more than $10,000 for each day

of violation for any past or current violation, up to a maximum administrative penalty of $125,000, or requiring compliance with such

regulation or other requirement, or both.

(2) In any case in which the Administrator is authorized to

bring a civil action under this section with respect to any regulation, or other requirement of this part relating to—

(A) the underground injection of brine or other fluids

which are brought to the surface in connection with oil or natural gas production, or

(B) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

the Administrator may also issue an order under this subsection either assessing a civil penalty of not more than $5,000 for each day

of violation for any past or current violation, up to a maximum administrative penalty of $125,000, or requiring compliance with such

regulation or other requirement, or both.

(3)(A) An order under this subsection shall be issued by the

Administrator after opportunity (provided in accordance with this

subparagraph) for a hearing. Before issuing the order, the Administrator shall give to the person to whom it is directed written notice

of the Administrator’s proposal to issue such order and the opportunity to request, within 30 days of the date the notice is received

by such person, a hearing on the order. Such hearing shall not be

subject to section 554 or 556 of title 5, United States Code, but

shall provide a reasonable opportunity to be heard and to present

evidence.

(B) The Administrator shall provide public notice of, and reasonable opportunity to comment on, any proposed order.

(C) Any citizen who comments on any proposed order under

subparagraph (B) shall be given notice of any hearing under this

subsection and of any order. In any hearing held under subparagraph (A), such citizen shall have a reasonable opportunity to be

heard and to present evidence.

(D) Any order issued under this subsection shall become effective 30 days following its issuance unless an appeal is taken pursuant to paragraph (6).

(4)(A) Any order issued under this subsection shall state with

reasonable specificity the nature of the violation and may specify

a reasonable time for compliance.

(B) In assessing any civil penalty under this subsection, the

Administrator shall take into account appropriate factors, including

(i) the seriousness of the violation; (ii) the economic benefit (if any)

resulting from the violation; (iii) any history of such violations; (iv)

any good-faith efforts to comply with the applicable requirements;

(v) the economic impact of the penalty on the violator; and (vi) such

other matters as justice may require.
62

(5) Any violation with respect to which the Administrator has

commenced and is diligently prosecuting an action, or has issued

an order under this subsection assessing a penalty, shall not be

subject to an action under subsection (b) of this section or section

1424(c) or 1449, except that the foregoing limitation on civil actions

under section 1449 of this Act shall not apply with respect to any

violation for which—

(A) a civil action under section 1449(a)(1) has been filed

prior to commencement of an action under this subsection, or

(B) a notice of violation under section 1449(b)(1) has been

given before commencement of an action under this subsection

and an action under section 1449(a)(1) of this Act is filed before

120 days after such notice is given.

(6) Any person against whom an order is issued or who commented on a proposed order pursuant to paragraph (3) may file an

appeal of such order with the United States District Court for the

District of Columbia or the district in which the violation is alleged

to have occurred. Such an appeal may only be filed within the 30-

day period beginning on the date the order is issued. Appellant

shall simultaneously send a copy of the appeal by certified mail to

the Administrator and to the Attorney General. The Administrator

shall promptly file in such court a certified copy of the record on

which such order was imposed. The district court shall not set

aside or remand such order unless there is not substantial evidence

on the record, taken as a whole, to support the finding of a violation or, unless the Administrator’s assessment of penalty or requirement for compliance constitutes an abuse of discretion. The

district court shall not impose additional civil penalties for the

same violation unless the Administrator’s assessment of a penalty

constitutes an abuse of discretion. Notwithstanding section

1448(a)(2), any order issued under paragraph (3) shall be subject

to judicial review exclusively under this paragraph.

(7) If any person fails to pay an assessment of a civil penalty—

(A) after the order becomes effective under paragraph (3),

or

(B) after a court, in an action brought under paragraph (6),

has entered a final judgment in favor of the Administrator,

the Administrator may request the Attorney General to bring a

civil action in an appropriate district court to recover the amount

assessed (plus costs, attorneys’ fees, and interest at currently prevailing rates from the date the order is effective or the date of such

final judgment, as the case may be). In such an action, the validity,

amount, and appropriateness of such penalty shall not be subject

to review.

(8) The Administrator may, in connection with administrative

proceedings under this subsection, issue subpoenas compelling the

attendance and testimony of witnesses and subpoenas duces tecum,

and may request the Attorney General to bring an action to enforce

any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanction.

(d) Nothing in this title shall diminish any authority of a State

or political subdivision to adopt or enforce any law or regulation respecting underground injection but no such law or regulation shall
63

relieve any person of any requirement otherwise applicable under

this title.

[42 U.S.C. 300h–2]

INTERIM REGULATION OF UNDERGROUND INJECTIONS

SEC. 1424. (a)(1) Any person may petition the Administrator to

have an area of a State (or States) designated as an area in which

no new underground injection well may be operated during the period beginning on the date of the designation and ending on the

date on which the applicable underground injection control program covering such area takes effect unless a permit for the operation of such well has been issued by the Administrator under subsection (b). The Administrator may so designate an area within a

State if he finds that the area has one aquifer which is the sole

or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health.

(2) Upon receipt of a petition under paragraph (1) of this subsection, the Administrator shall publish it in the Federal Register

and shall provide an opportunity to interested persons to submit

written data, views, or arguments thereon. Not later than the 30th

day following the date of the publication of a petition under this

paragraph in the Federal Register, the Administrator shall either

make the designation for which the petition is submitted or deny

the petition.

(b)(1) During the period beginning on the date an area is designated under subsection (a) and ending on the date the applicable

underground injection control program covering such area takes effect, no new underground injection well may be operated in such

area unless the Administrator has issued a permit for such operation.

(2) Any person may petition the Administrator for the issuance

of a permit for the operation of such a well in such an area. A petition submitted under this paragraph shall be submitted in such

manner and contain such information as the Administrator may require by regulation. Upon receipt of such a petition, the Administrator shall publish it in the Federal Register. The Administrator

shall give notice of any proceeding on a petition and shall provide

opportunity for agency hearing. The Administrator shall act upon

such petition on the record of any hearing held pursuant to the

preceding sentence respecting such petition. Within 120 days of the

publication in the Federal Register of a petition submitted under

this paragraph, the Administrator shall either issue the permit for

which the petition was submitted or shall deny its issuance.

(3) The Administrator may issue a permit for the operation of

a new underground injection well in an area designated under subsection (a) only if he finds that the operation of such well will not

cause contamination of the aquifer of such area so as to create a

significant hazard to public health. The Administrator may condition the issuance of such a permit upon the use of such control

measures in connection with the operation of such well, for which

the permit is to be issued, as he deems necessary to assure that

the operation of the well will not contaminate the aquifer of the
64

designated area in which the well is located so as to create a significant hazard to public health.

(c) Any person who operates a new underground injection well

in violation of subsection (b), (1) shall be subject to a civil penalty

of not more than $5,000 for each day in which such violation occurs, or (2) if such violation is willful, such person may, in lieu of

the civil penalty authorized by clause (1), be fined not more than

$10,000 for each day in which such violation occurs. If the Administrator has reason to believe that any person is violating or will violate subsection (b), he may petition the United States district court

to issue a temporary restraining order or injunction (including a

mandatory injunction) to enforce such subsection.

(d) For purposes of this section, the term ‘‘new underground injection well’’ means an underground injection well whose operation

was not approved by appropriate State and Federal agencies before

the date of the enactment of this title.

(e) If the Administrator determines, on his own initiative or

upon petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health, he shall

publish notice of that determination in the Federal Register. After

the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or

otherwise) may be entered into for any project which the Administrator determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health,

but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into to plan or design the project to assure that it will not so contaminate the aquifer.

[42 U.S.C. 300h–3]

OPTIONAL DEMONSTRATION BY STATES RELATING TO OIL OR NATURAL

GAS

SEC. 1425. (a) For purposes of the Administrator’s approval or

disapproval under section 1422 of that portion of any State underground injection control program which relates to—

(1) the underground injection of brine or other fluids which

are brought to the surface in connection with oil or natural gas

production or natural gas storage operations, or

(2) any underground injection for the secondary or tertiary

recovery of oil or natural gas,

in lieu of the showing required under subparagraph (A) of section

1422(b)(1) the State may demonstrate that such portion of the

State program meets the requirements of subparagraphs (A)

through (D) of section 1421(b)(1) and represents an effective program (including adequate recordkeeping and reporting) to prevent

underground injection which endangers drinking water sources.

(b) If the Administrator revises or amends any requirement of

a regulation under section 1421 relating to any aspect of the underground injection referred to in subsection (a), in the case of that

portion of a State underground injection control program for which

the demonstration referred to in subsection (a) has been made, in
65

1Public Law 104–66 struck the designation ‘‘(a)’’ and subsection (b). Section 501(f)(2) of Public

Law 104–182 amended the section heading and designation. The ‘‘(a)’’ should be deleted.

lieu of the showing required under section 1422(b)(1)(B) the State

may demonstrate that, with respect to that aspect of such underground injection, the State program meets the requirements of subparagraphs (A) through (D) of section 1421(b)(1) and represents an

effective program (including adequate recordkeeping and reporting)

to prevent underground injection which endangers drinking water

sources.

(c)(1) Section 1422(b)(3) shall not apply to that portion of any

State underground injection control program approved by the Administrator pursuant to a demonstration under subsection (a) of

this section (and under subsection (b) of this section where applicable).

(2) If pursuant to such a demonstration, the Administrator approves such portion of the State program, the State shall have primary enforcement responsibility with respect to that portion until

such time as the Administrator determines, by rule, that such demonstration is no longer valid. Following such a determination, the

Administrator may exercise the authority of subsection (c) of section 1422 in the same manner as provided in such subsection with

respect to a determination described in such subsection.

(3) Before promulgating any rule under paragraph (2), the Administrator shall provide opportunity for public hearing respecting

such rule.

[42 U.S.C. 300h–4]

øSEC. 1426. REGULATION OF STATE PROGRAMS¿

REGULATION OF STATE PROGRAMS

SEC. 1426. (a) 1 Not later than 18 months after enactment of

the Safe Drinking Water Act Amendments of 1986, the Administrator shall modify regulations issued under this Act for Class I injection wells to identify monitoring methods, in addition to those in

effect on November 1, 1985, including groundwater monitoring. In

accordance with such regulations, the Administrator, or delegated

State authority, shall determine the applicability of such monitoring methods, wherever appropriate, at locations and in such a manner as to proivide the earliest possible detection of fluid migration

into, or in the direction of, underground sources of drinking water

from such wells, based on its assessment of the potential for fluid

migration from the injection zone that may be harmful to human

health or the environment. For purposes of this subsection, a class

I injection well is defined in accordance with 40 CFR 146.05 as in

effect on November 1, 1985.

[42 U.S.C. 300h–5]

øSEC. 1427. SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM¿

SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

SEC. 1427. (a) PURPOSE.—The purpose of this section is to establish procedures for development, implementation, and assessment of demonstration programs designed to protect critical aquifer
66

protection areas located within areas designated as sole or principal source aquifers under section 1424(e) of this Act.

(b) DEFINITION.—For purposes of this section, the term ‘‘critical

aquifer protection area’’ means either of the following: (1) All or part of an area located within an area for which

an application or designation as a sole or principal source aquifer pursuant to section 1424(e), has been submitted and approved by the Administrator ønot later than 24 months after

the enactment of the Safe Drinking Water Act Amendments of

1986¿ and which satisfies the criteria established by the Ad- ministrator under subsection (d).

(2) All or part of an area which is within an aquifer designated as a sole source aquifer as of the enactment of the Safe

Drinking Water Act Amendments of 1986 and for which an

areawide ground water quality protection plan has been approved under section 208 of the Clean Water Act prior to such

enactment.

(c) APPLICATION.—Any State, municipal or local government or political subdivision thereof of any planning entity (including any

interstate regional planning entity) that identifies a critical aquifer

protection area over which it has authority or jurisdiction may

apply to the Administrator for the selection of such area for a demonstration program under this section. Any applicant shall consult

with other government or planning entities with authority or jurisdiction in such area prior to application. Applicants, other than the

Governor, shall submit the application for a demonstration program jointly with the Governor. (d) CRITERIA.—Not later than 1 year after the enactment of the

Safe Drinking Water Act Amendments of 1986, the Administrator

shall, by rule, establish criteria for identifying critical aquifer protection areas under this section. In establishing such criteria, the

Administrator shall consider each of the following: (1) The vulnerability of the aquifer to contamination due

to hydrogeologic characteristics.

(2) The number of persons or the proportion of population

using the ground water as a drinking water source.

(3) The economic, social and environmental benefits that

would result to the area from maintenance of ground water of

high quality.

(4) The economic, social and environmental costs that

would result from degradation of the quality of the ground

water.

(e) CONTENTS OF APPLICATION.—An application submitted to

the Administrator by any applicant for demonstration program

under this section shall meet each of the following requirements:

(1) The application shall propose boundaries for the critical

aquifer protection area within its jurisdiction.

(2) The application shall designate or, if necessary, establish a planning entity (which shall be a public agency and

which shall include representation of elected local and State

governmental officials) to develop a comprehensive management plan (hereinafter in this section referred to as the ‘‘plan’’)

for the critical protection area. Where a local government planning agency exists with adequate authority to carry out this
67

section with respect to any proposed critical protection area,

such agency shall be designated as the planning entity. (3) The application shall establish procedures for public

participation in the development of the plan, for review, approval, and adoption of the plan, and for assistance to municipalities and other public agencies with authority under State

law to implement the plan.

(4) The application shall include a hydrogeologic assessment of surface and ground water resources within the critical

protection area.

(5) The application shall include a comprehensive management plan for the proposed protection area.

(6) The application shall include the measures and schedule proposed for implementation of such plan.

(f) COMPREHENSIVE PLAN.— (1) The objective of a comprehensive management plan

submitted by an applicant under this section shall be to maintain the quality of the ground water in the critical protection

area in a manner reasonably expected to protect human

health, the environment and ground water resources. In order

to achieve such objective, the plan may be designed to maintain, to the maximum extent possible, the natural vegetative

and hydrogeological conditions. Each of the following elements

shall be included in such a protection plan:

(A) A map showing the detailed boundary of the critical protection area.

(B) An identification of existing and potential point

and nonpoint sources of ground water degradation. (C) An assessment of the relationship between activities on the land surface and ground water quality. (D) Specific actions and management practices to be

implemented in the critical protection area to prevent adverse impacts on ground water quality. (E) Identification of authority adequate to implement

the plan, estimates of program costs, and sources of State

matching funds.

(2) Such plan may also include the following:

(A) A determination of the quality of the existing

ground water recharged through the special protection

area and the natural recharge capabilities of the special

protection area watershed.

(B) Requirements designed to maintain existing underground drinking water quality or improve underground

drinking water quality if prevailing conditions fail to meet

drinking water standards, pursuant to this Act and State

law.

(C) Limits on Federal, State, and local government, financially assisted activities and projects which may contribute to degradation of such ground water or any loss of

natural surface and subsurface infiltration of purification

capability of the special protection watershed.

(D) A comprehensive statement of land use management including emergency contingency planning as it pertains to the maintenance of the quality of underground
68

sources of drinking water or to the improvement of such

sources if necessary to meet drinking water standards pursuant to this Act and State law.

(E) Actions in the special protection area which would

avoid adverse impacts on water quality, recharge capabilities, or both.

(F) Consideration of specific techniques, which may include clustering, transfer of development rights, and other

innovative measures sufficient to achieve the objectives of

this section.

(G) Consideration of the establishment of a State institution to facilitate and assist funding a development transfer credit system. (H) A program for State and local implementation of

the plan described in this subsection in a manner that will

insure the continued, uniform, consistent protection of the

critical protection area in accord with the purposes of this

section.

(I) Pollution abatement measures, if appropriate.

(g) PLANS UNDER SECTION 208 OF THE CLEAN WATER ACT.—A

plan approved before the enactment of the Safe Drinking Water

Act Amendments of 1986 under section 208 of the Clean Water Act

to protect a sole source aquifer designated under section 1424(e) of

this Act shall be considered a comprehensive management plan for

the purposes of this section.

(h) CONSULTATION AND HEARINGS.—During the development of

a comprehensive management plan under this section, the planning entity shall consult with, and consider the comments of, appropriate officials of any municipality and State or Federal agency

which has jurisdiction over lands and waters within the special

protection area, other concerned organizations and technical and

citizen advisory committees. The planning entity shall conduct public hearings at places within the special protection area for the purpose of providing the opportunity to comment on any aspect of the

plan.

(i) APPROVAL OR DISAPPROVAL.—Within 120 days after receipt

of an application under this section, the Administrator shall approve or disapprove the application. The approval or disapproval

shall be based on a determination that the critical protection area

satisfies the criteria established under subsection (d) and that a

demonstration program for the area would provide protection for

ground water quality consistent with the objectives stated in subsection (f). The Administrator shall provide to the Governor a written explanation of the reasons for the disapproval of any such application. Any petitioner may modify and resubmit any application

which is not approved. Upon approval of an application, the Administrator may enter into a cooperative agreement with the applicant

to establish a demonstration program under this section.

(j) GRANTS AND REIMBURSEMENT.—Upon entering a cooperative

agreement under subsection (i), the Administrator may provide to

the applicant, on a matching basis, a grant of 50 per centum of the

costs of implementing the plan established under this section. The

Administrator may also reimburse the applicant of an approved

plan up to 50 per centum of the costs of developing such plan, ex-
69

cept for plans approved under section 208 of the Clean Water Act.

The total amount of grants under this section for any one aquifer,

designated under section 1424(e), shall not exceed $4,000,000 in

any one fiscal year. (k) ACTIVITIES FUNDED UNDER OTHER LAW.—No funds authorized under this øsubsection¿ section may be used to fund activities funded under other sections of this Act or the Clean Water Act, the

Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or other environmental laws.

(l) SAVINGS PROVISION.—Nothing under this section shall be construed to amend, supersede or abrogate rights to quantities of

water which have been established by interstate water compacts,

Supreme Court decrees, or State water laws, or any requirement

imposed or right provided under any Federal or State environmental or public health statute. (m) AUTHORIZATION.—There are authorized to be appropriated

to carry out this section not more than the following amounts:

Fiscal year: Amount

1987 ................................................................................................. $10,000,000

1988 ................................................................................................. 15,000,000

1989 ................................................................................................. 17,500,000

1990 ................................................................................................. 17,500,000

1991 ................................................................................................. 17,500,000

1992–2003 ........................................................................................ 15,000,000.

Matching grants under this section may also be used to implement

or update any water quality management plan for a sole or principal source aquifer approved (before the date of the enactment of

this section) by the Administrator under section 208 of the Federal

Water Pollution Control Act.

[42 U.S.C. 300h–6]

øSEC. 1428. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION

AREAS¿

STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS

SEC. 1428. (a) STATE PROGRAMS.—The Governor ordir Governor’s designee of each State shall, within 3 years of the date of

enactment of the Safe Drinking Water Act Amendments of 1986,

adopt and submit to the Administrator a State program to protect

wellhead areas within their jurisdiction from contaminants which

may have any adverse effect on the health of persons. Each State

program under this section shall, at a minimum—

(1) specify the duties of State agencies, local governmental

entities, and public water supply systems with respect to the

development and implementation of programs required by this

section;

(2) for each wellhead, determine the wellhead protection

areas as defined in subsection (e) based on all reasonably available hydrogeologic information on ground water flow, recharge

and discharge and other information the State deems necessary to adequately determine the wellhead protection area;

(3) identify within each wellhead protection area all potential anthropogenic sources of contaminants which may have

any adverse effect on the health of persons;
70

(4) describe a program that contains, as appropriate, technical assistance, financial assistance, implementation of control

measures, education, training, and demonstration projects to

protect the water supply within wellhead protection areas from

such contaminants;

(5) include contingency plans for the location and provision

of alternate drinking water supplies for each public water system in the event of well or wellfield contamination by such contaminants; and

(6) include a requirement that consideration be given to all

potential sources of such contaminants within the expected

wellhead area of a new water well which serves a public water

supply system.

(b) PUBLIC PARTICIPATION.—To the maximum extent possible,

each State shall establish procedures, including but not limited to

the establishment of technical and citizens’ advisory committees, to

encourage the public to participate in developing the protection

program for wellhead areas and source water assessment programs

under section 1453. Such procedures shall include notice and opportunity for public hearing on the State program before it is submitted to the Administrator.

(c) DISAPPROVAL.— (1) IN GENERAL.—If, in the judgment of the Administrator, a State program or portion thereof under subsection (a) is not

adequate to protect public water systems as required by subsection (a) or a State program under section 1453 or section

1418(b) does not meet the applicable requirements of section

1453 or section 1418(b), the Administrator shall disapprove

such program or portion thereof. A State program developed pursuant to subsection (a) shall be deemed to be adequate unless the Administrator determines, within 9 months of the receipt of a State program, that such program (or portion thereof) is inadequate for the purpose of protecting public water systems as required by this section from contaminants that may

have any adverse effect on the health of persons. A State program developed pursuant to section 1453 or section 1418(b)

shall be deemed to meet the applicable requirements of section

1453 or section 1418(b) unless the Administrator determines

within 9 months of the receipt of the program that such program (or portion thereof) does not meet such requirements. If

the Administrator determines that a proposed State program

(or any portion thereof) øis inadequate¿ is disapproved, the Administrator shall submit a written statement of the reasons for

such determination to the Governor of the State.

(2) MODIFICATION AND RESUBMISSION.—Within 6 months

after receipt of the Administrator’s written notice under paragraph (1) that any proposed State program (or portion thereof)

is disapproved, the Governor or Governor’s designee, shall

modify the program based upon the recommendations of the

Administrator and resubmit the modified program to the Administrator.

(d) FEDERAL ASSISTANCE.—After the date 3 years after the enactment of this section, no State shall receive funds authorized to

be appropriated under this section except for the purpose of imple-
71

menting the program and requirements of paragraphs (4) and (6)

of subsection (a).

(e) DEFINITION OF WELLHEAD PROTECTION AREA.—As used in

this section, the term ‘‘wellhead protection area’’ means the surface

and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.

The extent of a wellhead protection area, within a State, necessary

to provide protection from contaminants which may have any adverse effect on the health of persons is to be determined by the

State in the program submitted under subsection (a). Not later

than one year after the enactment of the Safe Drinking Water Act

Amendments of 1986, the Administrator shall issue technical guidance which States may use in making such determinations. Such

guidance may reflect such factors as the radius of influence around

a well or wellfield, the depth of drawdown of the water table by

such well or wellfield at any given point, the time or rate of travel

of various contaminants in various hydrologic conditions, distance

from the well or wellfield, or other factors affecting the likelihood

of contaminants reaching the well or wellfield, taking into account

available engineering pump tests or comparable data, field reconnaissance, topographic information, and the geology of the formation in which the well or wellfield is located.

(f) PROHIBITIONS.— (1) ACTIVITIES UNDER OTHER LAWS.—No funds authorized

to be appropriated under this section may be used to support

activities authorized by the Federal Water Pollution Control

Act, the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or

other sections of this Act.

(2) INDIVIDUAL SOURCES.—No funds authorized to be appropriated under this section may be used to bring individual

sources of contamination into compliance.

(g) IMPLEMENTATION.—Each State shall make every reasonable

effort to implement the State wellhead area protection program

under this section within 2 years of submitting the program to the

Administrator. Each State shall submit to the Administrator a biennial status report describing the State’s progress in implementing the program. Such report shall include amendments to the

State program for water wells sited during the biennial period.

(h) FEDERAL AGENCIES.—Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the

Federal Government having jurisdiction over any potential source

of contaminants identified by a State program pursuant to the provisions of subsection (a)(3) shall be subject to and comply with all

requirements of the State program developed according to subsection (a)(4) applicable to such potential source of contaminants,

both substantive and procedural, in the same manner, and to the

same extent, as any other person is subject to such requirements,

including payment of reasonable charges and fees. The President

may exempt any potential source under the jurisdiction of any department, agency, or instrumentality in the executive branch if the

President determines it to be in the paramount interest of the

United States to do so. No such exemption shall be granted due to
72

the lack of an appropriation unless the President shall have specifically requested such appropriation as part of the budgetary process

and the Congress shall have failed to make available such requested appropriations.

(i) ADDITIONAL REQUIREMENT.—

(1) IN GENERAL.—In addition to the provisions of subsection (a) of this section, States in which there are more than

2,500 active wells at which annular injection is used as of January 1, 1986, shall include in their State program a certification that a State program exists and is being adequately enforced that provides protection from contaminants which may

have any adverse effect on the health of persons and which are

associated with the annular injection or surface disposal of

brines associated with oil and gas production.

(2) DEFINITION.—For purposes of this subsection, the term

‘‘annular injection’’ means the reinjection of brines associated

with the production of oil or gas between the production and

surface casings of a conventional oil or gas producing well.

(3) REVIEW.—The Administrator shall conduct a review of

each program certified under this subsection.

(4) DISAPPROVAL.—If a State fails to include the certification required by this subsection or if in the judgment of the

Administrator the State program certified under this subsection is not being adequately enforced, the Administrator

shall disapprove the State program submitted under subsection

(a) of this section.

(j) COORDINATION WITH OTHER LAWS.—Nothing in this section

shall authorize or require any department, agency, or other instrumentality of the Federal Government or State or local government

to apportion, allocate or otherwise regulate the withdrawal or beneficial use of ground or surface waters, so as to abrogate or modify

any existing rights to water established pursuant to State or Federal law, including interstate compacts.

(k) AUTHORIZATION OF APPROPRIATIONS.—Unless the State program is disapproved under this section, the Administrator shall

make grants to the State for not less than 50 or more than 90 percent of the costs incurred by a State (as determined by the Administrator) in developing and implementing each State program

under this section. For purposes of making such grants there is authorized to be appropriated not more than the following amounts:

Fiscal year: Amount

1987 ................................................................................................. $20,000,000

1988 ................................................................................................. 20,000,000

1989 ................................................................................................. 35,000,000

1990 ................................................................................................. 35,000,000

1991 ................................................................................................. 35,000,000

1992–2003 ........................................................................................ 30,000,000.

[42 U.S.C. 300h–7]

STATE GROUND WATER PROTECTION GRANTS

SEC. 1429. (a) IN GENERAL.—The Administrator may make a

grant to a State for the development and implementation of a State

program to ensure the coordinated and comprehensive protection of

ground water resources within the State.
73

(b) GUIDANCE.—Not later than 1 year after the date of enact- ment of the Safe Drinking Water Act Amendments of 1996, and annually thereafter, the Administrator shall publish guidance that establishes procedures for application for State ground water protection program assistance and that identifies key elements of State

ground water protection programs. (c) CONDITIONS OF GRANTS.— (1) IN GENERAL.—The Administrator shall award grants to States that submit an application that is approved by the Administrator. The Administrator shall determine the amount of

a grant awarded pursuant to this paragraph on the basis of an

assessment of the extent of ground water resources in the State

and the likelihood that awarding the grant will result in sustained and reliable protection of ground water quality. (2) INNOVATIVE PROGRAM GRANTS.—The Administrator may also award a grant pursuant to this subsection for innovative

programs proposed by a State for the prevention of ground

water contamination.

(3) ALLOCATION OF FUNDS.—The Administrator shall, at a

minimum, ensure that, for each fiscal year, not less than 1 percent of funds made available to the Administrator by appropriations to carry out this section are allocated to each State

that submits an application that is approved by the Administrator pursuant to this section.

(4) LIMITATION ON GRANTS.—No grant awarded by the Administrator may be used for a project to remediate ground

water contamination.

(d) AMOUNT OF GRANTS.—The amount of a grant awarded pursuant to paragraph (1) shall not exceed 50 percent of the eligible

costs of carrying out the ground water protection program that is

the subject of the grant (as determined by the Administrator) for the

1-year period beginning on the date that the grant is awarded. The

State shall pay a State share to cover the costs of the ground water

protection program from State funds in an amount that is not less

than 50 percent of the cost of conducting the program.

(e) EVALUATIONS AND REPORTS.—Not later than 3 years after

the date of enactment of the Safe Drinking Water Act Amendments

of 1996, and every 3 years thereafter, the Administrator shall evaluate the State ground water protection programs that are the subject

of grants awarded pursuant to this section and report to the Congress on the status of ground water quality in the United States and

the effectiveness of State programs for ground water protection.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $15,000,000 for each of

fiscal years 1997 through 2003.

[42 U.S.C. 300h–8]

PART D—EMERGENCY POWERS

EMERGENCY POWERS

SEC. 1431. (a) Notwithstanding any other provision of this

title, the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water

system or an underground source of drinking water may present an
74

imminent and substantial endangerment to the health of persons,

and that appropriate State and local authorities have not acted to

protect the health of such persons, may take such actions as he

may deem necessary in order to protect the health of such persons.

To the extent he determines it to be practicable in light of such imminent endangerment, he shall consult with the State and local authorities in order to confirm the correctness of the information on

which action proposed to be taken under this subsection is based

and to ascertain the action which such authorities are or will be

taking. The action which the Administrator may take may include

(but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of

such system (including travelers), including orders requiring the

provision of alternative water supplies by persons who caused or

contributed to the endangerment, and (2) commencing a civil action

for appropriate relief, including a restraining order or permanent

or temporary injunction.

(b) Any person who violates or fails or refuses to comply with

any order issued by the Administrator under subsection (a)(1) may,

in an action brought in the appropriate United States district court

to enforce such order, be subject to a civil penalty of not to exceed

ø$5,000¿ $15,000 for each day in which such violation occurs or

failure to comply continues.

[42 U.S.C. 300i]

øSEC. 1432. TAMPERING WITH PUBLIC WATER SYSTEMS¿

TAMPERING WITH PUBLIC WATER SYSTEMS

SEC. 1432. (a) TAMPERING.—Any person who tampers with a

public water system shall be imprisoned for not more than 5 years,

or fined in accordance with title 18 of the United States Code, or

both.

(b) ATTEMPT OR THREAT.—Any person who attempts to tamper,

or makes a threat to tamper, with a public drinking water system

shall be imprisoned for not more than 3 years, or fined in accordance with title 18 of the United States Code, or both.

(c) CIVIL PENALTY.—The Administrator may bring a civil action

in the appropriate United States district court (as determined

under the provisions of title 28 of the United States Code) against

any person who tampers, attempts to tamper, or makes a threat to

tamper with a public water system. The court may impose on such

person a civil penalty of not more than $50,000 for such tampering

or not more than $20,000 for such attempt or threat.

(d) DEFINITION OF ‘‘TAMPER’’.—For purposes of this section, the

term ‘‘tamper’’ means—

(1) to introduce a contaminant into a public water system

with the intention of harming persons; or

(2) to otherwise interfere with the operation of a public

water system with the intention of harming persons.

[42 U.S.C. 300i–1]
75

PART E—GENERAL PROVISIONS

ASSURANCE OF AVAILABILITY OF ADEQUATE SUPPLIES OF CHEMICALS

NECESSARY FOR TREATMENT OF WATER

SEC. 1441. (a) If any person who uses chlorine, activated car- bon, lime, ammonia, soda ash, potassium permanganate, caustic

soda, or other chemical or substance for the purpose of treating

water in any public water system or in any public treatment works

determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to

him or will not be so available to him when required for the effective treatment of such water, such person may apply to the Administrator for a certification (hereinafter in this section referred to as

a ‘‘certification of need’’) that the amount of such chemical or substance which such person requires to effectively treat such water

is not reasonably available to him or will not be so available when

required for the effective treatment of such water. (b)(1) An application for a certification of need shall be in such

form and submitted in such manner as the Administrator may require and shall (A) specify the persons the applicant determines

are able to provide the chemical or substance with respect to which

the application is submitted, (B) specify the persons from whom the

applicant has sought such chemical or substance, and (C) contain

such other information as the Administrator may require. (2) Upon receipt of an application under this section, the Administrator shall (A) publish in the Federal Register a notice of the

receipt of the application and a brief summary of it, (B) notify in

writing each person whom the President or his delegate (after consultation with the Administrator) determines could be made subject

to an order required to be issued upon the issuance of the certification of need applied for in such application, and (C) provide an

opportunity for the submission of written comments on such application. The requirements of the preceding sentence of this paragraph shall not apply when the Administrator for good cause finds

(and incorporates the finding with a brief statement of reasons

therefor in the order issued) that waiver of such requirements is

necessary in order to protect the public health.

(3) Within 30 days after—

(A) the date a notice is published under paragraph (2) in

the Federal Register with respect to an application submitted

under this section for the issuance of a certification of need, or

(B) the date on which such application is received if as authorized by the second sentence of such paragraph no notice is

published with respect to such application,

the Administrator shall take action either to issue or deny the issuance of a certification of need.

(c)(1) If the Administrator finds that the amount of a chemical

or substance necessary for an applicant under an application submitted under this section to effectively treat water in a public

water system or in a public treatment works is not reasonably

available to the applicant or will not be so available to him when

required for the effective treatment of such water, the Administrator shall issue a certification of need. Not later than seven days

following the issuance of such certification, the President or his del-
76

egate shall issue an order requiring the provision to such person

of such amounts of such chemical or substance as the Administrator deems necessary in the certification of need issued for such

person. Such order shall apply to such manufacturers, producers,

processors, distributors, and repackagers of such chemical or substance as the President or his delegate deems necessary and appropriate, except that such order may not apply to any manufacturer,

producer, or processor of such chemical or substance who manufactures, produces, or processes (as the case may be) such chemical or

substance solely for its own use. Persons subject to an order issued

under this section shall be given a reasonable opportunity to consult with the President or his delegate with respect to the implementation of the order.

(2) Orders which are to be issued under paragraph (1) to manufacturers, producers, and processors of a chemical or substance

shall be equitably apportioned, as far as practicable, among all

manufacturers, producers, and processors of such chemical or substance; and orders which are to be issued under paragraph (1) to

distributors and repackagers of a chemical or substance shall be

equitably apportioned, as far as practicable, among all distributors

and repackagers of such chemical or substance. In apportioning orders issued under paragraph (1) to manufacturers, producers, processors, distributors, and repackagers of chlorine, the President or

his delegate shall, in carrying out the requirements of the preceding sentence, consider—

(A) the geographical relationships and established commercial relationships between such manufacturers, producers,

processors, distributors, and repackagers and the persons for

whom the orders are issued;

(B) in the case of orders to be issued to producers of chlorine, the (i) amount of chlorine historically supplied by each

such producer to treat water in public water systems and public treatment works, and (ii) share of each such producer of the

total annual production of chlorine in the United States; and

(C) such other factors as the President or his delegate may

determine are relevant to the apportionment of orders in accordance with the requirements of the preceding sentence.

(3) Subject to subsection (f), any person for whom a certification of need has been issued under this subsection may upon the

expiration of the order issued under paragraph (1) upon such certification apply under this section for additional certifications.

(d) There shall be available as a defense to any action brought

for breach of contract in a Federal or State court arising out of

delay or failure to provide, sell, or offer for sale or exchange a

chemical or substance subject to an order issued pursuant to subsection (c)(1), that such delay or failure was caused solely by compliance with such order.

(e)(1) Whoever knowingly fails to comply with any order issued

pursuant to subsection (c)(1) shall be fined not more than $5,000

for each such failure to comply.

(2) Whoever fails to comply with any order issued pursuant to

subsection (c)(1) shall be subject to a civil penalty of not more than

$2,500 for each such failure to comply.
77

(3) Whenever the Administrator or the President or his delegate has reason to believe that any person is violating or will violate any order issued pursuant to subsection (c)(1), he may petition

a United States district court to issue a temporary restraining

order or preliminary or permanent injunction (including a mandatory injunction) to enforce the provisions of such order.

(f) No certification of need or order issued under this section

may remain in effect for more than one year.

[42 U.S.C. 300j]

RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, TRAINING OF

PERSONNEL

SEC. 1442. (a)(1) The Administrator may conduct research,

studies, and demonstrations relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and

other impairments of man resulting directly or indirectly from contaminants in water, or to the provision of a dependably safe supply

of drinking water, including—

(A) improved methods (i) to identify and measure the existence of contaminants in drinking water (including methods

which may be used by State and local health and water officials), and (ii) to identify the source of such contaminants;

(B) improved methods to identify and measure the health

effects of contaminants in drinking water;

(C) new methods of treating raw water to prepare it for

drinking, so as to improve the efficiency of water treatment

and to remove contaminants from water;

(D) improved methods for providing a dependably safe supply of drinking water, including improvements in water purification and distribution, and methods of assessing the health

related hazards of drinking water; and

(E) improved methods of protecting underground water

sources of public water systems from contamination.

ø(2)(A) The Administrator shall, to the maximum extent feasible, provide technical assistance to the States and municipalities

in the establishment and administration of public water system supervision programs (as defined in section 1443(c)(1)).¿

(2) INFORMATION AND RESEARCH FACILITIES.—In carrying out

this title, the Administrator is authorized to—

(A) collect and make available information pertaining to research, investigations, and demonstrations with respect to providing a dependably safe supply of drinking water, together

with appropriate recommendations in connection with the information; and

(B) make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to this title.

ø(3)(A) The Administrator shall conduct studies, and make

periodic reports to Congress, on the costs of carrying out regulations prescribed under section 1412.

ø(B) Not later than eighteen months after the date of enactment of this subparagraph, the Administrator shall submit a report

to Congress which identifies and analyzes—
78

ø(i) the anticipated costs of compliance with interim and

revised national primary drinking water regulations and the

anticipated costs to States and units of local governments in

implementing such regulations;

ø(ii) alternative methods of (including alternative treat- ment techniques for) compliance with such regulations;

ø(iii) methods of paying the costs of compliance by public

water systems with national primary drinking water regulations, including user charges, State or local taxes or subsidies,

Federal grants (including planning or construction grants, or

both), loans, and loan guarantees, and other methods of assisting in paying the costs of such compliance;

ø(iv) the advantages and disadvantages of each of the methods referred to in clauses (ii) and (iii);

ø(v) the sources of revenue presently available (and pro- jected to be available) to public water systems to meet current

and future expenses; and

ø(vi) the costs of drinking water paid by residential and industrial consumers in a sample of large, medium, and small

public water systems and of individually owned wells, and the

reasons for any differences in such costs.

øThe report required by this subparagraph shall identify and

analyze the items required in clauses (i) through (v) separately

with respect to public water systems serving small communities. The report required by this subparagraph shall include

such recommendations as the Administrator deems appropriate.

ø(11)¿ (3) The Administrator shall carry out a study of polychlorinated biphenyl contamination of actual or potential sources of

drinking water, contamination of such sources by other substances

known or suspected to be harmful to public health, the effects of

such contamination, and means of removing, treating, or otherwise

controlling such contamination. To assist in carrying out this paragraph, the Administrator is authorized to make grants to public

agencies and private nonprofit institutions.

(4) The Administrator shall conduct a survey and study of—

(A) disposal of waste (including residential waste) which

may endanger underground water which supplies, or can reasonably be expected to supply, any public water systems, and

(B) means of control of such waste disposal.

Not later than one year after the date of enactment of this title,

he shall transmit to the Congress the results of such survey and

study, together with such recommendations as he deems appropriate.

(5) The Administrator shall carry out a study of methods of underground injection which do not result in the degradation of underground drinking water sources.

(6) The Administrator shall carry out a study of methods of

preventing, detecting, and dealing with surface spills of contaminants which may degrade underground water sources for public

water systems.

(7) The Administrator shall carry out a study of virus contamination of drinking water sources and means of control of such contamination.
79

(8) The Administrator shall carry out a study of the nature and

extent of the impact on underground water which supplies or can

reasonably be expected to supply public water systems of (A) abandoned injection or extraction wells; (B) intensive application of pesticides and fertilizers in underground water recharge areas; and (C)

ponds, pools, lagoons, pits, or other surface disposal of contaminants in underground water recharge areas. (9) The Administrator shall conduct a comprehensive study of

public water supplies and drinking water sources to determine the

nature, extent, sources of and means of control of contamination by

chemicals or other substances suspected of being carcinogenic. Not

later than six months after the date of enactment of this title, he

shall transmit to the Congress the initial results of such study, together with such recommendations for further review and corrective action as he deems appropriate.

(10) The Administrator shall carry out a study of the reaction

of chlorine and humic acids and the effects of the contaminants

which result from such reaction on public health and on the safety

of drinking water, including any carcinogenic effect.

ø(b) In carrying out this title, the Administrator is authorized

to—

ø(1) collect and make available information pertaining to

research, investigations, and demonstrations with respect to

providing a dependably safe supply of drinking water together

with appropriate recommendations in connection therewith;

ø(2) make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to the purposes of this

title;¿

ø(B)¿ (b) The Administrator is authorized to provide technical

assistance and to make grants to States, or publicly owned water

systems to assist in responding to and alleviating any emergency

situation affecting public water systems (including sources of water

for such systems) which the Administrator determines to present

substantial danger to the public health. Grants provided under this

subparagraph shall be used only to support those actions which (i)

are necessary for preventing, limiting or mitigating danger to the

public health in such emergency situation and (ii) would not, in the

judgment of the Administrator, be taken without such emergency

assistance. The Administrator may carry out the program authorized under this subparagraph as part of, and in accordance with

the terms and conditions of, any other program of assistance for environmental emergencies which the Administrator is authorized to

carry out under any other provision of law. No limitation on appropriations for any such other program shall apply to amounts appropriated under this subparagraph.

ø(c) Not later than 2 years after the date of enactment of the

Safe Drinking Water Act Amendments of 1995, and every 5 years

thereafter, the Administrator shall submit a report to Congress on

the present and projected future availability of an adequate and dependable supply of safe drinking water to meet present and projected future need. Such report shall include an analysis of the future demand for drinking water and other competing uses of water,

the availability and use of methods to conserve water or reduce de-
80

mand, the adequacy of present measures to assure adequate and

dependable supplies of safe drinking water, and the problems (financial, legal, or other) which need to be resolved in order to assure the availability of such supplies for the future. Existing information and data compiled by the National Water Commission and

others shall be utilized to the extent possible.

ø(d)¿ (c) The Administrator shall—

(1) provide training for, and make grants for training (in- cluding postgraduate training) of (A) personnel of State agencies which have primary enforcement responsibility and of

agencies or units of local government to which enforcement responsibilities have been delegated by the State, and (B) personnel who manage or operate public water systems, and (2) make grants for postgraduate training of individuals (including grants to educational institutions for traineeships)

for purposes of qualifying such individuals to work as personnel referred to in paragraph (1). (3) make grants to, and enter into contracts with, any pub- lic agency, educational institution, and any other organization,

in accordance with procedures prescribed by the Administrator,

under which he may pay all or a part of the costs (as may be

determined by the Administrator) of any project or activity

which is designed— (A) to develop, expand, or carry out a program (which may combine training education and employment) for

training persons for occupations involving the public

health aspects of providing safe drinking water; (B) to train inspectors and supervisory personnel to train or supervise persons in occupations involving the

public health aspects of providing safe drinking water; or (C) to develop and expand the capability of programs of States and municipalities to carry out the purposes of

this title (other than by carrying out State programs of

public water system supervision or underground water

source protection (as defined in section 1443(c))).

Reasonable fees may be charged for training provided under

paragraph (1)(B) to persons other than personnel of State or

local agencies but such training shall be provided to personnel

of State or local agencies without charge.

ø(f)¿ (d) There are authorized to be appropriated to carry out the provisions of this section other than subsection (a)(2)(B) and

provisions relating to research $15,000,000 for the fiscal year ending June 30, 1975; $25,000,000 for the fiscal year ending June 30,

1976; $35,000,000 for the fiscal year ending June 30, 1977;

$17,000,000 for each of the fiscal years 1978 and 1979; $21,405,000

for the fiscal year ending September 30, 1980; $30,000,000 for the

fiscal year ending September 30, 1981; and $35,000,000 for the fiscal year ending September 30, 1982. There are authorized to be appropriated to carry out subsection (a)(2)(B) $8,000,000 for each of

the fiscal years 1978 through 1982. There are authorized to be appropriated to carry out subsection (a)(2)(B) not more than the following amounts:

Fiscal year: Amount

1987 ................................................................................................. $7,650,000

1988 ................................................................................................. 7,650,000
81

1989 ................................................................................................. 8,050,000

1990 ................................................................................................. 8,050,000

1991 ................................................................................................. 8,050,000

There are authorized to be appropriated to carry out the provisions

of this section (other then subsection (g), subsection (a)(2)(B), and

provisions relating to research), not more than the following

amounts:

Fiscal year: Amount

1987 ................................................................................................. $35,600,000

1988 ................................................................................................. 35,600,000

1989 ................................................................................................. 38,020,000

1990 ................................................................................................. 38,020,000

1991 ................................................................................................. 38,020,000

ø(g)¿ (e) TECHNICAL ASSISTANCE.—The Administrator øis authorized to¿ 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 østudies¿ evaluations. øThere are authorized to be appropriated

to carry out this subsection $10,000,000 for each of the fiscal years

1987 through 1991.¿ 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.

øNot less than the greater of—

ø(1) 3 percent of the amounts appropriated under this

subsection, or

ø(2) $280,000

øshall be utilized for technical assistance to public water

systems owned or operated by Indian tribes.¿

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.

[42 U.S.C. 300j–1]

GRANTS FOR STATE PROGRAMS

SEC. 1443. (a)(1) From allotments made pursuant to paragraph

(4), the Administrator may make grants to States to carry out public water system supervision programs.

(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such

form and manner as he may require. The Administrator may not

approve an application of a State for its first grant under paragraph (1) unless he determines that the State—
82

(A) has established or will establish within one year from

the date of such grant a public water system supervision program, and (B) will, within that one year, assume primary enforcement responsibility for public water systems within the State. No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State’s first

grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State.

The prohibitions contained in the preceding two sentences shall not

apply to such grants when made to Indian Tribes. (3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient’s costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made,

a public water system supervision program. (4) In each fiscal year the Administrator shall, in accordance

with regulations, allot the sums appropriated for such year under

paragraph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant

factors. No State shall receive less than 1 per centum of the annual

appropriation for grants under paragraph (1): Provided, That the

Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph: And provided further, That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands. (5) The prohibition contained in the last sentence of paragraph (2) may be waived by the Administrator with respect to a grant to

a State through fiscal year 1979 but such prohibition may only be

waived if, in the judgment of the Administrator— (A) the State is making a diligent effort to assume and

maintain primary enforcement responsibility for public water

systems within the State; (B) the State has made significant progress toward assuming and maintaining such primary enforcement responsibility;

and

(C) there is reason to believe the State will assume such

primary enforcement responsibility by October 1, 1979.

The amount of any grant awarded for the fiscal years 1978 and

1979 pursuant to a waiver under this paragraph may not exceed

75 per centum of the allotment which the State would have received for such fiscal year if it had assumed and maintained such

primary enforcement responsibility. The remaining 25 per centum

of the amount allotted to such State for such fiscal year shall be

retained by the Administrator, and the Administrator may award

such amount to such State at such time as the State assumes such

responsibility before the beginning of fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the amounts retained by

the Administrator for any preceding fiscal year and not awarded by

the beginning of fiscal year 1979 or 1980 to the States to which

such amounts were originally allotted may be removed from the

original allotment and reallotted for fiscal year 1979 or 1980 (as

the case may be) to States which have assumed primary enforcement responsibility by the beginning of such fiscal year.
83

(6) The Administrator shall notify the State of the approval or

disapproval of any application for a grant under this section— (A) within ninety days after receipt of such application, or

(B) not later than the first day of the fiscal year for which

the grant application is made, whichever is later. (7) AUTHORIZATION.—For the purpose of making grants under paragraph (1), there are authorized to be appropriated

$100,000,000 for each of fiscal years 1997 through 2003. (8) RESERVATION OF FUNDS BY THE ADMINISTRATOR.—If the

Administrator assumes the primary enforcement responsibility

of a State public water system supervision program, the Administrator may reserve from funds made available pursuant to

this subsection an amount equal to the amount that would otherwise have been provided to the State pursuant to this subsection. The Administrator shall use the funds reserved pursuant to this paragraph to ensure the full and effective administration of a public water system supervision program in the

State.

(9) STATE LOAN FUNDS.— (A) RESERVATION OF FUNDS.—For any fiscal year for

which the amount made available to the Administrator by

appropriations to carry out this subsection is less than the

amount that the Administrator determines is necessary to

supplement funds made available pursuant to paragraph

(8) to ensure the full and effective administration of a public water system supervision program in a State, the Administrator may reserve from the funds made available to

the State under section 1452 (relating to State loan funds)

an amount that is equal to the amount of the shortfall.

This paragraph shall not apply to any State not exercising

primary enforcement responsibility for public water systems

as of the date of enactment of the Safe Drinking Water Act

Amendments of 1996.

(B) DUTY OF ADMINISTRATOR.—If the Administrator reserves funds from the allocation of a State under subparagraph (A), the Administrator shall carry out in the State

each of the activities that would be required of the State if

the State had primary enforcement authority under section

1413.

(b)(1) From allotments made pursuant to paragraph (4), the

Administrator may make grants to States to carry out underground

water source protection programs.

(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such

form and manner as he may require. No grant may be made to any

State under paragraph (1) unless the State has assumed primary

enforcement responsibility within two years after the date the Administrator promulgates regulations for State underground injection control programs under section 1421. The prohibition contained in the preceding sentence shall not apply to such grants

when made to Indian Tribes.

(3) A grant under paragraph (1) shall be made to cover not

more than 75 per centum of the grant recipient’s costs (as determined under regulations of the Administrator) in carrying out, dur-
84

ing the one-year period beginning on the date the grant is made,

an underground water source protection program. (4) In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under

paragraph (5) among the States on the basis of population, geographical area, and other relevant factors. (5) For purposes of making grants under paragraph (1) there are authorized to be appropriated $5,000,000 for the fiscal year

ending June 30, 1976, $7,500,000 for the fiscal year ending June

30, 1977, $10,000,000 for each of the fiscal years 1978 and 1979,

$7,795,000 for the fiscal year ending September 30, 1980,

$18,000,000 for the fiscal year ending September 30, 1981, and

$21,000,000 for the fiscal year ending September 30, 1982. For the

purpose of making grants under paragraph (1) there are authorized

to be appropriated not more than the following amounts:

Fiscal year: Amount

1987 ................................................................................................. $19,700,000

1988 ................................................................................................. 19,700,000

1989 ................................................................................................. 20,850,000

1990 ................................................................................................. 20,850,000

1991 ................................................................................................. 20,850,000

1992–2003 ........................................................................................ 15,000,000.

(c) For purposes of this section: (1) The term ‘‘public water system supervision program’’ means a program for the adoption and enforcement of drinking

water regulations (with such variances and exemptions from

such regulations under conditions and in a manner which is

not less stringent than the conditions under, and the manner

in, which variances and exemptions may be granted under sections 1415 and 1416) which are no less stringent than the national primary drinking water regulations under section 1412,

and for keeping records and making reports required by section

1413(a)(3).

(2) The term ‘‘underground water source protection pro- gram’’ means a program for the adoption and enforcement of

a program which meets the requirements of regulations under

section 1421 and for keeping records and making reports required by section 1422(b)(1)(A)(ii). Such term includes, where

applicable, a program which meets the requirements of section

1425.

(d) NEW YORK CITY WATERSHED PROTECTION PROGRAM.—

(1) IN GENERAL.—The Administrator is authorized to provide financial assistance to the State of New York for demonstration projects implemented as part of the watershed program for the protection and enhancement of the quality of

source waters of the New York City water supply system, including projects that demonstrate, assess, or provide for comprehensive monitoring and surveillance and projects necessary

to comply with the criteria for avoiding filtration contained in

40 CFR 141.71. Demonstration projects which shall be eligible

for financial assistance shall be certified to the Administrator

by the State of New York as satisfying the purposes of this subsection. In certifying projects to the Administrator, the State of

New York shall give priority to monitoring projects that have

undergone peer review.
85

(2) REPORT.—Not later than 5 years after the date on which

the Administrator first provides assistance pursuant to this

paragraph, the Governor of the State of New York shall submit

a report to the Administrator on the results of projects assisted.

(3) MATCHING REQUIREMENTS.—Federal assistance provided under this subsection shall not exceed 50 percent of the

total cost of the protection program being carried out for any

particular watershed or ground water recharge area.

(4) AUTHORIZATION.—There are authorized to be appropriated to the Administrator to carry out this subsection for

each of fiscal years 1997 through 2003, $15,000,000 for the purpose of providing assistance to the State of New York to carry

out paragraph (1).

[42 U.S.C. 300j–2]

SPECIAL STUDY AND DEMONSTRATION PROJECT GRANTS; GUARANTEED

LOANS

SEC. 1444. (a) The Administrator may make grants to any person for the purposes of—

(1) assisting in the development and demonstration (including construction) of any project which will demonstrate a

new or improved method, approach, or technology, for providing a dependably safe supply of drinking water to the public;

and

(2) assisting in the development and demonstration (including construction) of any project which will investigate and

demonstrate health implications involved in the reclamation,

recycling, and reuse of waste waters for drinking and the processes and methods for the preparation of safe and acceptable

drinking water.

(b) Grants made by the Administrator under this section shall

be subject to the following limitations:

(1) Grants under this section shall not exceed 662⁄3 per

centum of the total cost of construction of any facility and 75

per centum of any other costs, as determined by the Administrator.

(2) Grants under this section shall not be made for any

project involving the construction or modification of any facilities for any public water system in a State unless such project

has been approved by the State agency charged with the responsibility for safety of drinking water (or if there is no such

agency in a State, by the State health authority).

(3) Grants under this section shall not be made for any

project unless the Administrator determines, after consulting

the National Drinking Water Advisory Council, that such

project will serve a useful purpose relating to the development

and demonstration of new or improved techniques, methods, or

technologies for the provision of safe water to the public for

drinking.

(4) Priority for grants under this section shall be given

where there are known or potential public health hazards

which require advanced technology for the removal of particles
86

which are too small to be removed by ordinary treatment technology.

(c) For the purposes of making grants under subsections (a) and (b) of this section there are authorized to be appropriated

$7,500,000 for the fiscal year ending June 30, 1975; and $7,500,000

for the fiscal year ending June 30, 1976; and $10,000,000 for the

fiscal year ending June 30, 1977. (d) The Administrator during the fiscal years ending June 30, 1975, and June 30, 1976, shall carry out a program of guaranteeing

loans made by private lenders to small public water systems for the

purpose of enabling such systems to meet national primary drinking water regulations prescribed under section 1412. No such guarantee may be made with respect to a system unless (1) such system

cannot reasonably obtain financial assistance necessary to comply

with such regulations from any other source, and (2) the Administrator determines that any facilities constructed with a loan guaranteed under this subsection is not likely to be made obsolete by

subsequent changes in primary regulations. The aggregate amount

of indebtedness guaranteed with respect to any system may not exceed $50,000. The aggregate amount of indebtedness guaranteed

under this subsection may not exceed $50,000,000. The Administrator shall prescribe regulations to carry out this subsection.

[42 U.S.C. 300j–3]

RECORDS AND INSPECTIONS

SEC. 1445. (a)(1)(A) øEvery person who is a supplier of water, who is or may be otherwise subject to a primary drinking water

regulation prescribed under section 1412 or to an applicable underground injection control program (as defined in section 1422(C)),

who is or may be subject to the permit requirement of section 1424

or to an order issued under section 1441, or who is a grantee¿

Every person who is subject to any requirement of this title or who

is a grantee, shall establish and maintain such records, make such

reports, conduct such monitoring, and provide such information as

the Administrator may reasonably require by regulation to assist

the Administrator in establishing regulations under this title, in

determining whether such person has acted or is acting in compliance with this title, in administering any program of financial assistance under this title, in evaluating the health risks of unregulated contaminants, or in advising the public of such risks. In requiring a public water system to monitor under this subsection, the

Administrator may take into consideration the system size and the

contaminants likely to be found in the system’s drinking water.

(B) Every person who is subject to a national primary drinking

water regulation under section 1412 shall provide such information

as the Administrator may reasonably require, after consultation

with the State in which such person is located if such State has primary enforcement responsibility for public water systems, on a caseby-case basis, to determine whether such person has acted or is acting in compliance with this title.

(C) Every person who is subject to a national primary drinking

water regulation under section 1412 shall provide such information

as the Administrator may reasonably require to assist the Administrator in establishing regulations under section 1412 of this title,
87

after consultation with States and suppliers of water. The Administrator may not require under this subparagraph the installation of

treatment equipment or process changes, the testing of treatment

technology, or the analysis or processing of monitoring samples, except where the Administrator provides the funding for such activities. Before exercising this authority, the Administrator shall first

seek to obtain the information by voluntary submission.

(D) The Administrator shall not later than 2 years after the

date of enactment of this subparagraph, after consultation with

public health experts, representatives of the general public, and officials of State and local governments, review the monitoring requirements for not fewer than 12 contaminants identified by the Administrator, and promulgate any necessary modifications.

ø(2) Not later than 18 months after enactment of the Safe

Drinking Water Act Amendments of 1986, the Administrator shall

promulgate regulations requiring every public water system to conduct a monitoring program for unregulated contaminants. The regulations shall require monitoring of drinking water supplied by the

system and shall vary the frequency and schedule of monitoring requirements for systems based on the number of persons served by

the system, the source of supply, and the contaminants likely to be

found. Each system shall be required to monitor at least once every

5 years after the effective date of the Administrator’s regulations

unless the Administrator requires more frequent monitoring.

ø(3) Regulations under paragraph (2) shall list unregulated

contaminants for which systems may be required to monitor, and

shall include criteria by which the primary enforcement authority

in each State could show cause for addition or deletion of contaminants from the designated list. The primary State enforcement authority may delete contaminants for an individual system, in accordance with these criteria, after obtaining approval of assessment

of the contaminants potentially to be found in the system. The Administrator shall approve or disapprove such an assessment submitted by a State within 60 days. A State may add contaminants,

in accordance with these criteria, without making an assessment,

but in no event shall such additions increase Federal expenditures

authorized by this section.

ø(4) Public water systems conducting monitoring of unregulated contaminants pursuant to this section shall provide

the results of such monitoring to the primary enforcement authority.

ø(5) Notification of the availability of the results of the

monitoring programs required under paragraph (2), and notification of the availability of the results of the monitoring program referred to in paragraph (6), shall be given to the persons

served by the system and the Administrator.

ø(6) The Administrator may waive the monitoring requirement under paragraph (2) for a system which has conducted a

monitoring program after January 1, 1983, if the Administrator determines the program to have been consistent with

the regulations promulgated under this section.

ø(7) Any system supplying less than 150 service connections shall be treated as complying with this subsection if such
88

system provides water samples or the opportunity for sampling

according to rules established by the Administrator.

ø(8) There are authorized to be appropriated $30,000,000

in the fiscal year ending September 30, 1987 to remain available until expended to carry out the provisions of this subsection.¿

(2) MONITORING PROGRAM FOR UNREGULATED CONTAMI- NANTS.—(A) ESTABLISHMENT.—The Administrator shall promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants. The regulations

shall require monitoring of drinking water supplied by

public water systems and shall vary the frequency and

schedule for monitoring requirements for systems based on

the number of persons served by the system, the source of

supply, and the contaminants likely to be found, ensuring

that only a representative sample of systems serving 10,000

persons or fewer are required to monitor.

(B) MONITORING PROGRAM FOR CERTAIN UNREGULATED

CONTAMINANTS.— (i) INITIAL LIST.—Not later than 3 years after the

date of enactment of the Safe Drinking Water Act

Amendments of 1996 and every 5 years thereafter, the

Administrator shall issue a list pursuant to subparagraph (A) of not more than 30 unregulated contaminants to be monitored by public water systems and to

be included in the national drinking water occurrence

data base maintained pursuant to subsection (g). (ii) GOVERNORS’ PETITION.—The Administrator

shall include among the list of contaminants for which

monitoring is required under this paragraph each contaminant recommended in a petition signed by the

Governor of each of 7 or more States, unless the Administrator determines that the action would prevent

the listing of other contaminants of a higher public

health concern.

(C) MONITORING PLAN FOR SMALL AND MEDIUM SYSTEMS.—

(i) IN GENERAL.—Based on the regulations promulgated by the Administrator, each State may develop a

representative monitoring plan to assess the occurrence

of unregulated contaminants in public water systems

that serve a population of 10,000 or fewer in that State.

The plan shall require monitoring for systems representative of different sizes, types, and geographic locations in the State.

(ii) GRANTS FOR SMALL SYSTEM COSTS.—From

funds reserved under section 1452(o) or appropriated

under subparagraph (H), the Administrator shall pay

the reasonable cost of such testing and laboratory analysis as are necessary to carry out monitoring under the

plan.

(D) MONITORING RESULTS.—Each public water system

that conducts monitoring of unregulated contaminants pur-
89

suant to this paragraph shall provide the results of the

monitoring to the primary enforcement authority for the

system. (E) NOTIFICATION.—Notification of the availability of

the results of monitoring programs required under paragraph (2)(A) shall be given to the persons served by the system.

(F) WAIVER OF MONITORING REQUIREMENT.—The Administrator shall waive the requirement for monitoring for

a contaminant under this paragraph in a State, if the State

demonstrates that the criteria for listing the contaminant

do not apply in that State. (G) ANALYTICAL METHODS.—The State may use screening methods approved by the Administrator under subsection (i) in lieu of monitoring for particular contaminants

under this paragraph. (H) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to carry out this paragraph

$10,000,000 for each of the fiscal years 1997 through 2003. (b)(1) Except as provided in paragraph (2), the Administrator,

or representatives of the Administrator duly designated by him,

upon presenting appropriate credentials and a written notice to

any supplier of water or other person subject to (A) a national primary drinking water regulation prescribed under section 1412, (B)

an applicable underground injection control program, or (C) any requirement to monitor an unregulated contaminant pursuant to subsection (a), or person in charge of any of the property of such supplier or other person referred to in clause (A), (B), or (C), is authorized to enter any establishment, facility, or other property of such

supplier or other person in order to determine whether such supplier or other person has acted or is acting in compliance with this

title, including for this purpose, inspection, at reasonable times, of

records, files, papers, processes, controls, and facilities, or in order

to test any feature of a public water system, including its raw

water source. The Administrator or the Comptroller General (or

any representative designated by either) shall have access for the

purpose of audit and examination to any records, reports, or information of a grantee which are required to be maintained under

subsection (a) or which are pertinent to any financial assistance

under this title.

(2) No entry may be made under the first sentence of paragraph (1) in an establishment, facility, or other property of a supplier of water or other person subject to a national primary drinking water regulation if the establishment, facility, or other property

is located in a State which has primary enforcement responsibility

for public water systems unless, before written notice of such entry

is made, the Administrator (or his representative) notifies the State

agency charged with responsibility for safe drinking water of the

reasons for such entry. The Administrator shall, upon a showing by

the State agency that such an entry will be detrimental to the administration of the State’s program of primary enforcement responsibility, take such showing into consideration in determining

whether to make such entry. No State agency which receives notice

under this paragraph of an entry proposed to be made under para-
90

graph (1) may use the information contained in the notice to inform

the person whose property is proposed to be entered of the proposed entry; and if a State agency so uses such information, notice

to the agency under this paragraph is not required until such time

as the Administrator determines the agency has provided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph. (c) Whoever fails or refuses to comply with any requirement of subsection (a) or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit

or inspection authorized by subsection (b) shall be subject to a civil

penalty of not to exceed $25,000. (d)(1) Subject to paragraph (2), upon a showing satisfactory to

the Administrator by any person that any information required

under this section from such person, if made public, would divulge

trade secrets or secret processes of such person, the Administrator

shall consider such information confidential in accordance with the

purposes of section 1905 of title 18 of the United States Code. If

the applicant fails to make a showing satisfactory to the Administrator, the Administrator shall give such applicant thirty days’ notice before releasing the information to which the application relates (unless the public health or safety requires an earlier release

of such information).

(2) Any information required under this section (A) may be disclosed to other officers, employees, or authorized representatives of

the United States concerned with carrying out this title or to committees of the Congress, or when relevant in any proceeding under

this title, and (B) shall be disclosed to the extent it deals with the

level of contaminants in drinking water. For purposes of this subsection the term ‘‘information required under this section’’ means

any papers, books, documents, or information, or any particular

part thereof, reported to or otherwise obtained by the Administrator under this section.

(e) For purposes of this section, (1) the term ‘‘grantee’’ means

any person who applies for or receives financial assistance, by

grant, contract, or loan guarantee under this title, and (2) the term

‘‘person’’ includes a Federal agency.

(f) INFORMATION REGARDING DRINKING WATER COOLERS.—The

Administrator may utilize the authorities of this section for purposes of part F. Any person who manufactures, imports, sells, or

distributes drinking water coolers in interstate commerce shall be

treated as a supplier of water for purposes of applying the provisions of this section in the case of persons subject to part F.

(g) OCCURRENCE DATA BASE.—

(1) IN GENERAL.—Not later than 3 years after the date of

enactment of the Safe Drinking Water Act Amendments of 1996,

the Administrator shall assemble and maintain a national

drinking water contaminant occurrence data base, using information on the occurrence of both regulated and unregulated

contaminants in public water systems obtained under subsection (a)(1)(A) or subsection (a)(2) and reliable information

from other public and private sources.

(2) PUBLIC INPUT.—In establishing the occurrence data

base, the Administrator shall solicit recommendations from the
91

Science Advisory Board, the States, and other interested parties

concerning the development and maintenance of a national

drinking water contaminant occurrence data base, including

such issues as the structure and design of the data base, data

input parameters and requirements, and the use and interpretation of data.

(3) USE.—The data shall be used by the Administrator in

making determinations under section 1412(b)(1) with respect to

the occurrence of a contaminant in drinking water at a level of

public health concern.

(4) PUBLIC RECOMMENDATIONS.—The Administrator shall

periodically solicit recommendations from the appropriate officials of the National Academy of Sciences and the States, and

any person may submit recommendations to the Administrator,

with respect to contaminants that should be included in the national drinking water contaminant occurrence data base, including recommendations with respect to additional unregulated contaminants that should be listed under subsection

(a)(2). Any recommendation submitted under this clause shall

be accompanied by reasonable documentation that—

(A) the contaminant occurs or is likely to occur in

drinking water; and

(B) the contaminant poses a risk to public health.

(5) PUBLIC AVAILABILITY.—The information from the data

base shall be available to the public in readily accessible form.

(6) REGULATED CONTAMINANTS.—With respect to each contaminant for which a national primary drinking water regulation has been established, the data base shall include information on the detection of the contaminant at a quantifiable level

in public water systems (including detection of the contaminant

at levels not constituting a violation of the maximum contaminant level for the contaminant).

(7) UNREGULATED CONTAMINANTS.—With respect to contaminants for which a national primary drinking water regulation has not been established, the data base shall include—

(A) monitoring information collected by public water

systems that serve a population of more than 10,000, as required by the Administrator under subsection (a);

(B) monitoring information collected from a representative sampling of public water systems that serve a population of 10,000 or fewer; and

(C) other reliable and appropriate monitoring information on the occurrence of the contaminants in public water

systems that is available to the Administrator.

(h) AVAILABILITY OF INFORMATION ON SMALL SYSTEM TECHNOLOGIES.—For purposes of sections 1412(b)(4)(E) and 1415(e) (relating to small system variance program), the Administrator may

request information on the characteristics of commercially available

treatment systems and technologies, including the effectiveness and

performance of the systems and technologies under various operating conditions. The Administrator may specify the form, content,

and submission date of information to be submitted by manufacturers, States, and other interested persons for the purpose of consider-
92

ing the systems and technologies in the development of regulations

or guidance under sections 1412(b)(4)(E) and 1415(e).

(i) SCREENING METHODS.—The Administrator shall review new

analytical methods to screen for regulated contaminants and may

approve such methods as are more accurate or cost-effective than established reference methods for use in compliance monitoring.

[42 U.S.C. 300j–4]

NATIONAL DRINKING WATER ADVISORY COUNCIL

SEC. 1446. (a) There is established a National Drinking Water

Advisory Council which shall consist of fifteen members appointed

by the Administrator after consultation with the Secretary. Five

members shall be appointed from the general public; five members

shall be appointed from appropriate State and local agencies concerned with water hygiene and public water supply; and five members shall be appointed from representatives of private organizations or groups demonstrating an active interest in the field of

water hygiene and public water supply, of which two such members

shall be associated with small, rural public water systems. Each

member of the Council shall hold office for a term of three years,

except that—

(1) any member appointed to fill a vacancy occurring prior

to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and

(2) the terms of the members first taking office shall expire

as follows: Five shall expire three years after the date of enactment of this title, five shall expire two years after such date,

and five shall expire one year after such date, as designated

by the Administrator at the time of appointment.

The members of the Council shall be eligible for reappointment.

(b) The Council shall advise, consult with, and make recommendations to, the Administrator on matters relating to activities, functions, and policies of the Agency under this title.

(c) Members of the Council appointed under this section shall,

while attending meetings or conferences of the Council or otherwise

engaged in business of the Council, receive compensation and allowances at a rate to be fixed by the Administrator, but not exceeding the daily equivalent of the annual rate of basic pay in effect

for grade GS–18 of the General Schedule for each day (including

traveltime) during which they are engaged in the actual performance of duties vested in the Council. While away from their homes

or regular places of business in the performance of services for the

Council, members of the Council shall be allowed travel expenses,

including per diem in lieu of subsistence, in the same manner as

persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States

Code.

(d) Section 14(a) of the Federal Advisory Committee Act (relating to termination) shall not apply to the Council.

[42 U.S.C. 300j–5]
93

FEDERAL AGENCIES

SEC. 1447. ø(a) Each Federal agency (1) having jurisdiction

over any federally owned or maintained public water system or (2)

engaged in any activity resulting, or which may result in, underground injection which endangers drinking water (within the

meaning of section 1421(d)(2)) shall be subject to, and comply with,

all Federal, State, and local requirements, administrative authorities, and process and sanctions respecting the provision of safe

drinking water and respecting any underground injection program

in the same manner, and to the same extent, as any nongovernmental entity. The preceding sentence shall apply (A) to any requirement whether substantive or procedural (including any recordkeeping or reporting requirement, any requirement respecting

permits, and any other requirement whatsoever), (B) to the exercise of any Federal, State, or local administrative authority, and

(C) to any process or sanction, whether enforced in Federal, State,

or local courts or in any other manner. This subsection shall apply,

notwithstanding any immunity of such agencies, under any law or

rule of law. No officer, agent, or employee of the United States

shall be personally liable for any civil penalty under this title with

respect to any act or omission within the scope of his official duties.

ø(b) The Administrator shall waive compliance with subsection

(a) upon request of the Secretary of Defense and upon a determination by the President that the requested waiver is necessary in the

interest of national security. The Administrator shall maintain a

written record of the basis upon which such waiver was granted

and make such record available for in camera examination when

relevant in a judicial proceeding under this title. Upon the issuance

of such a waiver, the Administrator shall publish in the Federal

Register a notice that the waiver was granted for national security

purposes, unless, upon the request of the Secretary of Defense, the

Administrator determines to omit such publication because the

publication itself would be contrary to the interests of national security, in which event the Administrator shall submit notice to the

Armed Services Committee of the Senate and House of Representatives.¿

(a) IN GENERAL.—Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal

Government—

(1) owning or operating any facility in a wellhead protection area;

(2) engaged in any activity at such facility resulting, or

which may result, in the contamination of water supplies in any

such area;

(3) owning or operating any public water system; or

(4) engaged in any activity resulting, or which may result

in, underground injection which endangers drinking water

(within the meaning of section 1421(d)(2)),

shall be subject to, and comply with, all Federal, State, interstate,

and local requirements, both substantive and procedural (including

any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to

enforce such relief), respecting the protection of such wellhead areas,
94

respecting such public water systems, and respecting any underground injection in the same manner and to the same extent as any

person is subject to such requirements, including the payment of

reasonable service charges. The Federal, State, interstate, and local

substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and

all civil and administrative penalties and fines, regardless of

whether such penalties or fines are punitive or coercive in nature or

are imposed for isolated, intermittent, or continuing violations. The

United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive

or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in

connection with the processing and issuance of permits, renewal of

permits, amendments to permits, review of plans, studies, and other

documents, and inspection and monitoring of facilities, as well as

any other nondiscriminatory charges that are assessed in connection

with a Federal, State, interstate, or local regulatory program respecting the protection of wellhead areas or public water systems or

respecting any underground injection. Neither the United States,

nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court

with respect to the enforcement of any such injunctive relief. No

agent, employee, or officer of the United States shall be personally

liable for any civil penalty under any Federal, State, interstate, or

local law concerning the protection of wellhead areas or public

water systems or concerning underground injection with respect to

any act or omission within the scope of the official duties of the

agent, employee, or officer. An agent, employee, or officer of the

United States shall be subject to any criminal sanction (including,

but not limited to, any fine or imprisonment) under any Federal or

State requirement adopted pursuant to this title, but no department,

agency, or instrumentality of the executive, legislative, or judicial

branch of the Federal Government shall be subject to any such sanction. The President may exempt any facility of any department,

agency, or instrumentality in the executive branch from compliance

with such a requirement if he determines it to be in the paramount

interest of the United States to do so. No such exemption shall be

granted due to lack of appropriation unless the President shall have

specifically requested such appropriation as a part of the budgetary

process and the Congress shall have failed to make available such

requested appropriation. Any exemption shall be for a period not in

excess of 1 year, but additional exemptions may be granted for periods not to exceed 1 year upon the President’s making a new determination. The President shall report each January to the Congress

all exemptions from the requirements of this section granted during

the preceding calendar year, together with his reason for granting

each such exemption.

(b) ADMINISTRATIVE PENALTY ORDERS.—

(1) IN GENERAL.—If the Administrator finds that a Federal

agency has violated an applicable requirement under this title,
95

the Administrator may issue a penalty order assessing a penalty against the Federal agency.

(2) PENALTIES.—The Administrator may, after notice to the

agency, assess a civil penalty against the agency in an amount

not to exceed $25,000 per day per violation.

(3) PROCEDURE.—Before an administrative penalty order issued under this subsection becomes final, the Administrator

shall provide the agency an opportunity to confer with the Administrator and shall provide the agency notice and an opportunity for a hearing on the record in accordance with chapters

5 and 7 of title 5, United States Code.

(4) PUBLIC REVIEW.—

(A) IN GENERAL.—Any interested person may obtain review of an administrative penalty order issued under this

subsection. The review may be obtained in the United

States District Court for the District of Columbia or in the

United States District Court for the district in which the

violation is alleged to have occurred by the filing of a complaint with the court within the 30-day period beginning on

the date the penalty order becomes final. The person filing

the complaint shall simultaneously send a copy of the complaint by certified mail to the Administrator and the Attorney General.

(B) RECORD.—The Administrator shall promptly file in

the court a certified copy of the record on which the order

was issued.

(C) STANDARD OF REVIEW.—The court shall not set

aside or remand the order unless the court finds that there

is not substantial evidence in the record, taken as a whole,

to support the finding of a violation or that the assessment

of the penalty by the Administrator constitutes an abuse of

discretion.

(D) PROHIBITION ON ADDITIONAL PENALTIES.—The

court may not impose an additional civil penalty for a violation that is subject to the order unless the court finds that

the assessment constitutes an abuse of discretion by the Administrator.

(c) LIMITATION ON STATE USE OF FUNDS COLLECTED FROM

FEDERAL GOVERNMENT.—Unless a State law in effect on the date of

enactment of the Safe Drinking Water Act Amendments of 1996 or

a State constitution requires the funds to be used in a different

manner, all funds collected by a State from the Federal Government

from penalties and fines imposed for violation of any substantive or

procedural requirement referred to in subsection (a) shall be used by

the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.

ø(c)¿ (d)(1) Nothing in the Safe Drinking Water Amendments

of 1977 shall be construed to alter or affect the status of American

Indian lands or water rights nor to waive any sovereignty over Indian lands guaranteed by treaty or statute.

(2) For the purposes of this Act, the term ‘‘Federal agency’’

shall not be construed to refer to or include any American Indian
96

tribe, nor to the Secretary of the Interior in his capacity as trustee

of Indian lands.

(e) WASHINGTON AQUEDUCT.—The Secretary of the Army shall not pass the cost of any penalty assessed under this title on to any

customer, user, or other purchaser of drinking water from the Washington Aqueduct system, including finished water from the

Dalecarlia or McMillan treatment plant.

[42 U.S.C. 300j–6]

JUDICIAL REVIEW

SEC. 1448. (a) A petition for review of—

(1) actions pertaining to the establishment of national pri- mary drinking water regulations (including maximum contaminant level goals) may be filed only in the United States Court

of Appeals for the District of Columbia circuit; and (2) any other final action of the Administrator under this Act may be filed in the circuit in which the petitioner resides

or transacts business which is directly affected by the action. Any such petition shall be filed within the 45-day period beginning

on the date of the promulgation of the regulation øor issuance of

the order¿ 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 1414(g)(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 the assessment of the penalty by the Administrator constitutes an abuse of discretion.

(b) The United States district courts shall have jurisdiction of actions brought to review (1) the granting of, or the refusing to

grant, a variance or exemption under section 1415 or 1416 or (2)

the requirements of any schedule prescribed for a variance or exemption under such section or the failure to prescribe such a schedule. Such an action may only be brought upon a petition for review

filed with the court within the 45-day period beginning on the date

the action sought to be reviewed is taken or, in the case of a petition to review the refusal to grant a variance or exemption or the

failure to prescribe a schedule, within the 45-day period beginning

on the date action is required to be taken on the variance, exemption, or schedule, as the case may be. A petition for such review

may be filed after the expiration of such period if the petition is

based solely on grounds arising after the expiration of such period.

Action 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.
97

(c) In any judicial proceeding in which review is sought of a de- termination under this title required to be made on the record after

notice and opportunity for hearing, if any party applies to the court

for leave to adduce additional evidence and shows to the satisfaction of the court that such additional evidence is material and that

there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may

order such additional evidence (and evidence in rebuttal thereof) to

be taken before the Administrator, in such manner and upon such

terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall

file such modified or new findings, and his recommendation, if any,

for the modification or setting aside of his original determination,

with the return of such additional evidence.

[42 U.S.C. 300j–7]

CITIZEN’S CIVIL ACTION

SEC. 1449. (a) Except as provided in subsection (b) of this section, any person may commence a civil action on his own behalf— (1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to

the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement

prescribed by or under this titleø, or¿;

(2) against the Administrator where there is alleged a fail- ure of the Administrator to perform any act or duty under this

title which is not discretionary with the Administratorø.¿; or

(3) for the collection of a penalty by the United States Gov- ernment (and associated costs and interest) against any Federal

agency that fails, by the date that is 18 months after the effective date of a final order to pay a penalty assessed by the Administrator under section 1429(b), to pay the penalty. No action may be brought under paragraph (1) against a public

water system for a violation of a requirement prescribed by or

under this title which occurred within the 27-month period beginning on the first day of the month in which this title is enacted.

The United States district courts shall have jurisdiction, without

regard to the amount in controversy or the citizenship of the parties, to enforce in an action brought under this subsection any requirement prescribed by or under this title or to order the Administrator to perform an act, or duty described in paragraph (2), as the

case may be.

(b) No civil action may be commenced— (1) under subsection (a)(1) of this section respecting violation of a requirement prescribed by or under this title— (A) prior to sixty days after the plaintiff has given no- tice of such violation (i) to the Administrator, (ii) to any alleged violator of such requirement and (iii) to the State in

which the violation occurs, or

(B) if the Administrator, the Attorney General, or the

State has commenced and is diligently prosecuting a civil

action in a court of the United States to require compliance with such requirement, but in any such action in a
98

court of the United States any person may intervene as a

matter of right; or

(2) under subsection (a)(2) of this section prior to sixty

days after the plaintiff has given notice of such action to the

Administratorø.¿; or

(3) under subsection (a)(3) prior to 60 days after the plaintiff has given notice of such action to the Attorney General and

to the Federal agency.

Notice required by this subsection shall be given in such manner

as the Administrator shall prescribe by regulation. No person may

commence a civil action under subsection (a) to require a State to

prescribe a schedule under section 1415 or 1416 for a variance or

exemption, unless such person shows to the satisfaction of the

court that the State has in a substantial number of cases failed to

prescribe such schedules.

(c) In any action under this section, the Administrator or the

Attorney General, if not a party, may intervene as a matter of

right.

(d) The court, in issuing any final order in any action brought

under subsection (a) of this section, may award costs of litigation

(including reasonable attorney and expert witness fees) to any

party whenever the court determines such an award is appropriate.

The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.

(e) Nothing in this section shall restrict any right which any

person (or class of persons) may have under any statute or common

law to seek enforcement of any requirement prescribed by or under

this title or to seek any other relief. Nothing in this section or in

any other law of the United States shall be construed to prohibit,

exclude, or restrict any State or local government from—

(1) bringing any action or obtaining any remedy or sanction in any State or local court, or

(2) bringing any administrative action or obtaining any administrative remedy or sanction,

against any agency of the United States under State or local law

to enforce any requirement respecting the provision of safe drinking water or respecting any underground injection control program.

Nothing in this section shall be construed to authorize judicial review of regulations or orders of the Administrator under this title,

except as provided in section 1448. For provisions providing for application of certain requirements to such agencies in the same manner as to nongovernmental entities, see section 1447.

[42 U.S.C. 300j–8]

GENERAL PROVISIONS

SEC. 1450. (a)(1) The Administrator is authorized to prescribe

such regulations as are necessary or appropriate to carry out his

functions under this title.

(2) The Administrator may delegate any of his functions under

this title (other than prescribing regulations) to any officer or employee of the Agency.
99

(b) The Administrator, with the consent of the head of any

other agency of the United States, may utilize such officers and

employees of such agency as he deems necessary to assist him in

carrying out the purposes of this title. (c) Upon the request of a State or interstate agency, the Administrator may assign personnel of the Agency to such State or

interstate agency for the purposes of carrying out the provisions of

this title.

(d)(1) The Administrator may make payments of grants under this title (after necessary adjustment on account of previously

made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as

he may determine. (2) Financial assistance may be made available in the form of

grants only to individuals and nonprofit agencies or institutions.

For purposes of this paragraph, the term ‘‘nonprofit agency or institution’’ means an agency or institution no part of the net earnings

of which inure, or may lawfully inure, to the benefit of any private

shareholder or individual.

(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).

(f) The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this

title to which the Administrator is a party. Unless, within a reasonable time, the Attorney General notifies the Administrator that

he will appear in such action, attorneys appointed by the Administrator shall appear and represent him.

(g) The provisions of this title shall not be construed as affecting any authority of the Administrator under part G of title III of

this Act.

(h) Not later than April 1 of each year, the Administrator shall

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce

of the House of Representatives a report respecting the activities

of the Agency under this title and containing such recommendations for legislation as he considers necessary. The report of the

Administrator under this subsection which is due not later than

April 1, 1975, and each subsequent report of the Administrator

under this subsection shall include a statement on the actual and

anticipated cost to public water systems in each State of compliance with the requirements of this title. The Office of Management

and Budget may review any report required by this subsection before its submission to such committees of Congress, but the Office

may not revise any such report, require any revision in any such

report, or delay its submission beyond the day prescribed for its

submission, and may submit to such committees of Congress its

comments respecting any such report.

(i)(1) No employer may discharge any employee or otherwise

discriminate against any employee with respect to his compensa-
100

tion, terms, conditions, or privileges of employment because the

employee (or any person acting pursuant to a request of the employee) has— (A) commenced, caused to be commenced, or is about to

commence or cause to be commenced a proceeding under this

title or a proceeding for the administration or enforcement of

drinking water regulations or underground injection control

programs of a State, (B) testified or is about to testify in any such proceeding,

or

(C) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action

to carry out the purposes of this title.

(2)(A) Any employee who believes that he has been discharged

or otherwise discriminated against by any person in violation of

paragraph (1) may, within 30 days after such violation occurs, file

(or have any person file on his behalf) a complaint with the Secretary of Labor (hereinafter in this subsection referred to as the

‘‘Secretary’’) alleging such discharge or discrimination. Upon receipt

of such a complaint, the Secretary shall notify the person named

in the complaint of the filing of the complaint. (B)(i) Upon receipt of a complaint filed under subparagraph (A), the Secretary shall conduct an investigation of the violation alleged in the complaint. Within 30 days of the receipt of such complaint, the Secretary shall complete such investigation and shall

notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such violation of

the results of the investigation conducted pursuant to this subparagraph. Within 90 days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated

by the Secretary on the basis of a settlement entered into by the

Secretary and the person alleged to have committed such violation,

issue an order either providing the relief prescribed by clause (ii)

or denying the complaint. An order of the Secretary shall be made

on the record after notice and opportunity for agency hearing. The

Secretary may not enter into a settlement terminating a proceeding

on a complaint without the participation and consent of the complainant.

(ii) If in response to a complaint filed under subparagraph (A)

the Secretary determines that a violation of paragraph (1) has occurred, the Secretary shall order (I) the person who committed

such violation to take affirmative action to abate the violation, (II)

such person to reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, (III) compensatory damages, and (IV) where appropriate, exemplary damages. If such an

order is issued, the Secretary, at the request of the complainant,

shall assess against the person against whom the order is issued

a sum equal to the aggregate amount of all costs and expenses (including attorneys’ fees) reasonably incurred, as determined by the

Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.

(3)(A) Any person adversely affected or aggrieved by an order

issued under paragraph (2) may obtain review of the order in the
101

United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred.

The petition for review must be filed within sixty days from the issuance of the Secretary’s order. Review shall conform to chapter 7

of title 5 of the United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the

court, operate as a stay of the Secretary’s order. (B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (4) Whenever a person has failed to comply with an order is- sued under paragraph (2)(B), the Secretary shall file a civil action

in the United States District Court for the district in which the violation was found to occur to enforce such order. In actions brought

under this paragraph, the district courts shall have jurisdiction to

grant all appropriate relief including, but not limited to, injunctive

relief, compensatory, and exemplary damages. (5) Any nondiscretionary duty imposed by this section is enforceable in mandamus proceeding brought under section 1361 of

title 28 of the United States Code.

(6) Paragraph (1) shall not apply with respect to any employee who, acting without direction from his employer (or the employer’s

agent), deliberately causes a violation of any requirement of this

title.

[42 U.S.C. 300j–9]

øSEC. 1451. INDIAN TRIBES¿

INDIAN TRIBES

SEC. 1451. (a) IN GENERAL.—Subject to the provisions of sub- section (b), the Administrator—

(1) is authorized to treat Indian Tribes as States under

this title,

(2) may delegate to such Tribes primary enforcement responsibility for public water systems and for underground injection control, and

(3) may provide such Tribes grant and contract assistance

to carry out functions provided by this title.

(b) EPA REGULATIONS.—

(1) SPECIFIC PROVISIONS.—The Administrator shall, within

18 months after the enactment of the Safe Drinking Water Act

Amendments of 1986, promulgate final regulations specifying

those provisions of this title for which it is appropriate to treat

Indian Tribes as States. Such treatment shall be authorized

only if:

(A) the Indian Tribes is recognized by the Secretary of

the Interior and has a governing body carrying out substantial governmental duties and powers;

(B) the functions to be exercised by the Indian Tribe

are within the area of the Tribal Government’s jurisdiction; and

(C) the Indian Tribe is reasonably expected to be capable, in the Administrator’s judgment, of carrying out the

functions to be exercised in a manner consistent with the
102

terms and purposes of this title and of all applicable regulations.

(2) PROVISIONS WHERE TREATMENT AS STATE INAPPROPRI- ATE.—For any provision of this title where treatment of Indian Tribes as identical to States is inappropriate, administratively

infeasible or otherwise inconsistent with the purposes of this

title, the Administrator may include in the regulations promulgated under this section, other means for administering such

provision in a manner that will achieve the purpose of the provision. Nothing in this section shall be construed to allow Indian Tribes to assume or maintain primary enforcement responsibility for public water systems or for underground injection control in a manner less protective of the health of persons

than such responsibility may be assumed or maintained by a

State. An Indian tribe shall not be required to exercise criminal enforcement jurisdiction for purposes of complying with the

preceding sentence.

[42 U.S.C. 300j–11]

STATE REVOLVING LOAN FUNDS

SEC. 1452. (a) GENERAL AUTHORITY.— (1) GRANTS TO STATES TO ESTABLISH STATE LOAN FUNDS.— (A) IN GENERAL.—The Administrator shall offer to

enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States

under this subsection to further the health protection objectives of this title, promote the efficient use of fund resources,

and for other purposes as are specified in this title. (B) ESTABLISHMENT OF FUND.—To be eligible to receive a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a ‘‘State loan fund’’) and comply

with the other requirements of this section. Each grant to

a State under this section shall be deposited in the State

loan fund established by the State, except as otherwise provided in this section and in other provisions of this title. No

funds authorized by other provisions of this title to be used

for other purposes specified in this title shall be deposited

in any State loan fund. (C) EXTENDED PERIOD.—The grant to a State shall be available to the State for obligation during the fiscal year

for which the funds are authorized and during the following fiscal year, except that grants made available from

funds provided prior to fiscal year 1997 shall be available

for obligation during each of the fiscal years 1997 and

1998.

(D) ALLOTMENT FORMULA.—Except as otherwise provided in this section, funds made available to carry out this

section shall be allotted to States that have entered into an

agreement pursuant to this section (other than the District

of Columbia) in accordance with—

(i) for each of fiscal years 1995 through 1997, a

formula that is the same as the formula used to distribute public water system supervision grant funds
103

under section 1443 in fiscal year 1995, except that the

minimum proportionate share established in the formula shall be 1 percent of available funds and the formula shall be adjusted to include a minimum proportionate share for the State of Wyoming and the District

of Columbia; and

(ii) for fiscal year 1998 and each subsequent fiscal

year, a formula that allocates to each State the proportional share of the State needs identified in the most

recent survey conducted pursuant to subsection (h), except that the minimum proportionate share provided to

each State shall be the same as the minimum proportionate share provided under clause (i).

(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), except that 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) and 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. (F) NONPRIMACY STATES.—The State allotment for a

State not exercising primary enforcement responsibility for

public water systems shall not be deposited in any such

fund but shall be allotted by the Administrator under this

subparagraph. Pursuant to section 1443(a)(9)(A) such sums

allotted under this subparagraph shall be reserved as needed by the Administrator to exercise primary enforcement responsibility under this title in such State and the remainder shall be reallotted to States exercising primary enforcement responsibility for public water systems for deposit in

such funds. Whenever the Administrator makes a final determination pursuant to section 1413(b) that the requirements of section 1413(a) are no longer being met by a State,

additional grants for such State under this title shall be

immediately terminated by the Administrator. This subparagraph shall not apply to any State not exercising primary enforcement responsibility for public water systems as

of the date of enactment of the Safe Drinking Water Act

Amendments of 1996.

(G) OTHER PROGRAMS.—

(i) NEW SYSTEM CAPACITY.—Beginning in fiscal

year 1999, the Administrator shall withhold 20 percent

of each capitalization grant made pursuant to this section to a State unless the State has met the requirements of section 1420(a) (relating to capacity development) and shall withhold 10 percent for fiscal year

2001, 15 percent for fiscal year 2002, and 20 percent

for fiscal year 2003 if the State has not complied with

the provisions of section 1420(c) (relating to capacity

development strategies). Not more than a total of 20
104

percent of the capitalization grants made to a State in

any fiscal year may be withheld under the preceding

provisions of this clause. All funds withheld by the Administrator pursuant to this clause shall be reallotted

by the Administrator on the basis of the same ratio as

is applicable to funds allotted under subparagraph (D).

None of the funds reallotted by the Administrator pursuant to this paragraph shall be allotted to a State unless the State has met the requirements of section 1420

(relating to capacity development). (ii) OPERATOR CERTIFICATION.—The Administrator

shall withhold 20 percent of each capitalization grant

made pursuant to this section unless the State has met

the requirements of 1419 (relating to operator certification). All funds withheld by the Administrator pursuant to this clause shall be reallotted by the Administrator on the basis of the same ratio as applicable to

funds allotted under subparagraph (D). None of the

funds reallotted by the Administrator pursuant to this

paragraph shall be allotted to a State unless the State

has met the requirements of section 1419 (relating to

operator certification).

(2) USE OF FUNDS.—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.

Financial assistance under this section may be used by a public

water system only for expenditures (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. The funds 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). The

funds 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. 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) IN GENERAL.—Except as provided in subparagraph

(B), no assistance under this section shall be provided to a

public water system that—
105

(i) does not have the technical, managerial, and financial capability to ensure compliance with the requirements of this title; or

(ii) is in significant noncompliance with any requirement of a national primary drinking water regulation or variance.

(B) RESTRUCTURING.—A public water system described in subparagraph (A) may receive assistance under this section if—

(i) the use of the assistance will ensure compliance;

and

(ii) if subparagraph (A)(i) applies to the system,

the owner or operator of the system agrees to undertake

feasible and appropriate changes in operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other

procedures) 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.

(C) REVIEW.—Prior to providing assistance under this

section to a public water system that is in significant noncompliance with any requirement of a national primary

drinking water regulation or variance, the State shall conduct a review to determine whether subparagraph (A)(i) applies to the system. (b) INTENDED USE PLANS.— (1) IN GENERAL.—After providing for public review and

comment, each State that has entered into a capitalization

agreement pursuant to this section shall annually prepare a

plan that identifies the intended uses of the amounts available

to the State loan fund of the State.

(2) CONTENTS.—An intended use plan shall include—

(A) a list of the projects to be assisted in the first fiscal

year that begins after the date of the plan, including a description of the project, the expected terms of financial assistance, and the size of the community served;

(B) the criteria and methods established for the distribution of funds; and

(C) a description of the financial status of the State

loan fund and the short-term and long-term goals of the

State loan fund.

(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) address the most serious risk to human health;

(ii) are necessary to ensure compliance with the requirements of this title (including requirements for filtration); and

(iii) assist systems most in need on a per household

basis according to State affordability criteria.

(B) LIST OF PROJECTS.—Each State shall, after notice

and opportunity for public comment, publish and periodi-
106

cally 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.

(c) FUND MANAGEMENT.—Each State loan fund under this section shall be established, maintained, and credited with repayments

and interest. The fund corpus shall be available in perpetuity for

providing financial assistance under this section. To the extent

amounts in the fund are not required for current obligation or expenditure, such amounts shall be invested in interest bearing obligations.

(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).

(2) TOTAL AMOUNT OF SUBSIDIES.—For each fiscal year, the

total amount of loan subsidies made by a State pursuant to

paragraph (1) may not exceed 30 percent of the amount of the

capitalization grant received by the State for the year.

(3) DEFINITION OF DISADVANTAGED COMMUNITY.—In this

subsection, the term ‘‘disadvantaged community’’ means the

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.

(e) STATE CONTRIBUTION.—Each agreement under subsection

(a) shall require that the State deposit in the State loan fund from

State moneys an amount equal to at least 20 percent of the total

amount of the grant to be made to the State on or before the date

on which the grant payment is made to the State, except that a

State shall not be required to deposit such amount into the fund

prior to the date on which each grant payment is made for fiscal

years 1994, 1995, 1996, and 1997 if the State deposits the State contribution amount into the State loan fund prior to September 30,

1999.

(f) TYPES OF ASSISTANCE.—Except as otherwise limited by State

law, the amounts deposited into a State loan fund under this section may be used only—

(1) to make loans, on the condition that—

(A) the interest rate for each loan is less than or equal

to the market interest rate, including an interest free loan;

(B) principal and interest payments on each loan will

commence not later than 1 year after completion of the

project for which the loan was made, and each loan will be

fully amortized not later than 20 years after the completion

of the project, except that in the case of a disadvantaged

community (as defined in subsection (d)(3)), a State may

provide an extended term for a loan, if the extended term—
107

(i) terminates not later than the date that is 30

years after the date of project completion; and (ii) does not exceed the expected design life of the

project;

(C) the recipient of each loan will establish a dedicated

source of revenue (or, in the case of a privately owned system, demonstrate that there is adequate security) for the repayment of the loan; and (D) the State loan fund will be credited with all payments of principal and interest on each loan;

(2) to buy or refinance the debt obligation of a municipality

or an intermunicipal or interstate agency within the State at an

interest rate that is less than or equal to the market interest

rate in any case in which a debt obligation is incurred after

July 1, 1993; (3) to guarantee, or purchase insurance for, a local obliga- tion (all of the proceeds of which finance a project eligible for

assistance under this section) if the guarantee or purchase

would improve credit market access or reduce the interest rate

applicable to the obligation; (4) as a source of revenue or security for the payment of

principal and interest on revenue or general obligation bonds

issued by the State if the proceeds of the sale of the bonds will

be deposited into the State loan fund; and

(5) to earn interest on the amounts deposited into the State

loan fund.

(g) ADMINISTRATION OF STATE LOAN FUNDS.— (1) COMBINED FINANCIAL ADMINISTRATION.—Notwithstanding subsection (c), a State may (as a convenience and to avoid

unnecessary administrative costs) combine, in accordance with

State law, the financial administration of a State loan fund established under this section with the financial administration

of any other revolving fund established by the State if otherwise

not prohibited by the law under which the State loan fund was

established and if the Administrator determines that—

(A) the grants under this section, together with loan repayments and interest, will be separately accounted for and

used solely for the purposes specified in subsection (a); and

(B) the authority to establish assistance priorities and

carry out oversight and related activities (other than financial administration) with respect to assistance remains

with the State agency having primary responsibility for administration of the State program under section 1413, after

consultation with other appropriate State agencies (as determined by the State): Provided, That in nonprimacy

States eligible to receive assistance under this section, the

Governor shall determine which State agency will have authority to establish priorities for financial assistance from

the State loan fund.

(2) COST OF ADMINISTERING FUND.—Each State may annually use up to 4 percent of the funds allotted to the State under

this section 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
108

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) for public water system supervision programs

under section 1443(a);

(B) to administer or provide technical assistance

through source water protection programs;

(C) to develop and implement a capacity development

strategy under section 1420(c); and

(D) for an operator certification program for purposes

of meeting the requirements of section 1419,

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. An additional 2 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.

(3) GUIDANCE AND REGULATIONS.—The Administrator shall

publish guidance and promulgate regulations as may be necessary to carry out the provisions of this section, including—

(A) provisions to ensure that each State commits and

expends funds allotted to the State under this section as efficiently as possible in accordance with this title and applicable State laws;

(B) guidance to prevent waste, fraud, and abuse; and

(C) guidance to avoid the use of funds made available

under this section to finance the expansion of any public

water system in anticipation of future population growth.

The guidance and regulations shall also ensure that the States,

and public water systems receiving assistance under this section, use accounting, audit, and fiscal procedures that conform

to generally accepted accounting standards.

(4) STATE REPORT.—Each State administering a loan fund

and assistance program under this subsection shall publish

and submit to the Administrator a report every 2 years on its

activities under this section, including the findings of the most

recent audit of the fund and the entire State allotment. The Administrator shall periodically audit all State loan funds established by, and all other amounts allotted to, the States pursuant to this section in accordance with procedures established by

the Comptroller General.

(h) NEEDS SURVEY.—The Administrator shall conduct an assessment of water system capital improvement needs of all eligible

public water systems in the United States and submit a report to

the Congress containing the results of the assessment within 180

days after the date of enactment of the Safe Drinking Water Act

Amendments of 1996 and every 4 years thereafter.

(i) INDIAN TRIBES.—
109

(1) IN GENERAL.—11⁄2 percent of the amounts appropriated

annually to carry out this section may be used by the Administrator to make grants to Indian Tribes and Alaska Native villages that have not otherwise received either grants from the

Administrator under this section or assistance from State loan

funds established under this section. The grants may only be

used for expenditures by tribes and villages for public water

system expenditures referred to in subsection (a)(2). (2) USE OF FUNDS.—Funds reserved pursuant to paragraph (1) shall be used to address the most significant threats to public health associated with public water systems that serve Indian Tribes, as determined by the Administrator in consultation with the Director of the Indian Health Service and Indian

Tribes.

(3) ALASKA NATIVE VILLAGES.—In the case of a grant for a

project under this subsection in an Alaska Native village, the

Administrator is also authorized to make grants to the State of

Alaska for the benefit of Native villages. An amount not to exceed 4 percent of the grant amount may be used by the State

of Alaska for project management. (4) NEEDS ASSESSMENT.—The Administrator, in consultation with the Director of the Indian Health Service and Indian

Tribes, shall, in accordance with a schedule that is consistent

with the needs surveys conducted pursuant to subsection (h),

prepare surveys and assess the needs of drinking water treatment facilities to serve Indian Tribes, including an evaluation

of the public water systems that pose the most significant

threats to public health.

(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 0.33 percent of the aggregate

amount made available to carry out this section in that fiscal year.

(k) OTHER AUTHORIZED ACTIVITIES.—

(1) IN GENERAL.—Notwithstanding subsection (a)(2), a

State may take each of the following actions:

(A) Provide assistance, only in the form of a loan, to

one or more of the following:

(i) Any public water system described in subsection

(a)(2) to acquire land or a conservation easement from

a willing seller or grantor, if the purpose of the acquisition is to protect the source water of the system from

contamination and to ensure compliance with national

primary drinking water regulations.

(ii) Any community water system to implement

local, voluntary source water protection measures to
110

protect source water in areas delineated pursuant to

section 1453, in order to 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. Funds authorized under this clause may be used

to fund only voluntary, incentive-based mechanisms. (iii) Any community water system to provide fund- ing in accordance with section 1454(a)(1)(B)(i).

(B) Provide assistance, including technical and financial assistance, to any public water system as part of a capacity development strategy developed and implemented in

accordance with section 1420(c).

(C) Make expenditures from the capitalization grant of

the State for fiscal years 1996 and 1997 to delineate and

assess source water protection areas in accordance with section 1453, except that funds set aside for such expenditure

shall be obligated within 4 fiscal years. (D) Make expenditures from the fund for the establishment and implementation of wellhead protection programs

under section 1428.

(2) LIMITATION.—For each fiscal year, the total amount of

assistance provided and expenditures made by a State under

this subsection may not exceed 15 percent of the amount of the

capitalization grant received by the State for that year and may

not exceed 10 percent of that amount for any one of the following activities: (A) To acquire land or conservation easements pursuant to paragraph (1)(A)(i). (B) To provide funding to implement voluntary, incentive-based source water quality protection measures pursuant to clauses (ii) and (iii) of paragraph (1)(A). (C) To provide assistance through a capacity develop- ment strategy pursuant to paragraph (1)(B).

(D) To make expenditures to delineate or assess source

water protection areas pursuant to paragraph (1)(C).

(E) To make expenditures to establish and implement

wellhead protection programs pursuant to paragraph

(1)(D).

(3) STATUTORY CONSTRUCTION.—Nothing in this section

creates or conveys any new authority to a State, political subdivision of a State, or community water system for any new regulatory measure, or limits any authority of a State, political

subdivision of a State or community water system.

(l) SAVINGS.—The failure or inability of any public water system to receive funds under this section or any other loan or grant

program, or any delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements of this title.

(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
111

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. (n) HEALTH EFFECTS STUDIES.—From funds appropriated pursuant to this section for each fiscal year, the Administrator shall reserve $10,000,000 for health effects studies on drinking water contaminants authorized by the Safe Drinking Water Act Amendments

of 1996. In allocating funds made available under this subsection,

the Administrator shall give priority to studies concerning the

health effects of cryptosporidium (as authorized by section 1458(c)),

disinfection byproducts (as authorized by section 1458(c)), and arsenic (as authorized by section 1412(b)(12)(A)), and the implementation of a plan for studies of subpopulations at greater risk of adverse effects (as authorized by section 1458(a)). (o) MONITORING FOR UNREGULATED CONTAMINANTS.—From

funds appropriated pursuant to this section for each fiscal year beginning with fiscal year 1998, the Administrator shall reserve

$2,000,000 to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C).

(p) DEMONSTRATION PROJECT FOR STATE OF VIRGINIA.—Notwithstanding the other provisions of this section limiting the use of

funds deposited in a State loan fund from any State allotment, the

State of Virginia may, as a single demonstration and with the approval of the Virginia General Assembly and the Administrator,

conduct a program to demonstrate alternative approaches to intergovernmental coordination to assist in the financing of new drinking water facilities in the following rural communities in southwestern Virginia where none exists on the date of enactment of the Safe

Drinking Water Act Amendments of 1996 and where such communities are experiencing economic hardship: Lee County, Wise County, Scott County, Dickenson County, Russell County, Buchanan

County, Tazewell County, and the city of Norton, Virginia. The

funds allotted to that State and deposited in the State loan fund

may be loaned to a regional endowment fund for the purpose set

forth in this subsection under a plan to be approved by the Administrator. The plan may include an advisory group that includes representatives of such counties.

(q) SMALL SYSTEM TECHNICAL ASSISTANCE.—The Administrator may reserve up to 2 percent of the total funds appropriated

pursuant to subsection (m) for each of the fiscal years 1997 through

2003 to carry out the provisions of section 1442(e) (relating to technical assistance for small systems), except that the total amount of

funds made available for such purpose in any fiscal year through

appropriations (as authorized by section 1442(e)) and reservations

made pursuant to this subsection shall not exceed the amount authorized by section 1442(e).

(r) 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.

[42 U.S.C. 300j–12]
112

SOURCE WATER QUALITY ASSESSMENT

SEC. 1453. (a) SOURCE WATER ASSESSMENT.—

(1) GUIDANCE.—Within 12 months after the date of enactment of the Safe Drinking Water Act Amendments of 1996, after

notice and comment, the Administrator shall publish guidance

for States exercising primary enforcement responsibility for public water systems to carry out directly or through delegation (for

the protection and benefit of public water systems and for the

support of monitoring flexibility) a source water assessment program within the State’s boundaries. Each State adopting modifications to monitoring requirements pursuant to section

1418(b) shall, prior to adopting such modifications, have an approved source water assessment program under this section and

shall carry out the program either directly or through delegation.

(2) PROGRAM REQUIREMENTS.—A source water assessment

program under this subsection shall—

(A) delineate the boundaries of the assessment areas in

such State from which one or more public water systems in

the State receive supplies of drinking water, using all reasonably available hydrogeologic information on the sources

of the supply of drinking water in the State and the water

flow, recharge, and discharge and any other reliable information as the State deems necessary to adequately determine such areas; and

(B) identify for contaminants regulated under this title

for which monitoring is required under this title (or any

unregulated contaminants selected by the State, in its discretion, which the State, for the purposes of this subsection,

has determined may present a threat to public health), to

the extent practical, the origins within each delineated area

of such contaminants to determine the susceptibility of the

public water systems in the delineated area to such contaminants.

(3) APPROVAL, IMPLEMENTATION, AND MONITORING RELIEF.—A State source water assessment program under this

subsection shall be submitted to the Administrator within 18

months after the Administrator’s guidance is issued under this

subsection and shall be deemed approved 9 months after the

date of such submittal unless the Administrator disapproves the

program as provided in section 1428(c). States shall begin implementation of the program immediately after its approval.

The Administrator’s approval of a State program under this

subsection shall include a timetable, established in consultation

with the State, allowing not more than 2 years for completion

after approval of the program. Public water systems seeking

monitoring relief in addition to the interim relief provided

under section 1418(a) shall be eligible for monitoring relief, consistent with section 1418(b), upon completion of the assessment

in the delineated source water assessment area or areas concerned.

(4) TIMETABLE.—The timetable referred to in paragraph (3)

shall take into consideration the availability to the State of
113

funds under section 1452 (relating to State loan funds) for assessments and other relevant factors. The Administrator may

extend any timetable included in a State program approved

under paragraph (3) to extend the period for completion by an

additional 18 months.

(5) DEMONSTRATION PROJECT.—The Administrator shall, as

soon as practicable, conduct a demonstration project, in consultation with other Federal agencies, to demonstrate the most

effective and protective means of assessing and protecting

source waters serving large metropolitan areas and located on

Federal lands.

(6) USE OF OTHER PROGRAMS.—To avoid duplication and to

encourage efficiency, the program under this section may make

use of any of the following: (A) Vulnerability assessments, sanitary surveys, and

monitoring programs. (B) Delineations or assessments of ground water sources under a State wellhead protection program developed pursuant to this section. (C) Delineations or assessments of surface or ground water sources under a State pesticide management plan developed pursuant to the Pesticide and Ground Water State

Management Plan Regulation (subparts I and J of part 152

of title 40, Code of Federal Regulations), promulgated

under section 3(d) of the Federal Insecticide, Fungicide,

and Rodenticide Act (7 U.S.C. 136a(d)).

(D) Delineations or assessments of surface water

sources under a State watershed initiative or to satisfy the

watershed criterion for determining if filtration is required

under the Surface Water Treatment Rule (section 141.70 of

title 40, Code of Federal Regulations). (E) Delineations or assessments of surface or ground water sources under programs or plans pursuant to the

Federal Water Pollution Control Act.

(7) PUBLIC AVAILABILITY.—The State shall make the results

of the source water assessments conducted under this subsection

available to the public.

(b) APPROVAL AND DISAPPROVAL.—For provisions relating to program approval and disapproval, see section 1428(c).

[42 U.S.C. 300j–13]

SOURCE WATER PETITION PROGRAM

SEC. 1454. (a) PETITION PROGRAM.—

(1) IN GENERAL.—

(A) ESTABLISHMENT.—A State may establish a program under which an owner or operator of a community

water system in the State, or a municipal or local government or political subdivision of a State, may submit a

source water quality protection partnership petition to the

State requesting that the State assist in the local development of a voluntary, incentive-based partnership, among

the owner, operator, or government and other persons likely

to be affected by the recommendations of the partnership,

to—
114

(i) reduce the presence in drinking water of contaminants that may be addressed by a petition by considering the origins of the contaminants, including to

the maximum extent practicable the specific activities

that affect the drinking water supply of a community; (ii) obtain financial or technical assistance necessary to facilitate establishment of a partnership, or to

develop and implement recommendations of a partnership for the protection of source water to assist in the

provision of drinking water that complies with national primary drinking water regulations with respect

to contaminants addressed by a petition; and (iii) develop recommendations regarding voluntary

and incentive-based strategies for the long-term protection of the source water of community water systems.

(B) FUNDING.—Each State may— (i) use funds set aside pursuant to section

1452(k)(1)(A)(iii) by the State to carry out a program

described in subparagraph (A), including assistance to

voluntary local partnerships for the development and

implementation of partnership recommendations for

the protection of source water such as source water

quality assessment, contingency plans, and demonstration projects for partners within a source water area

delineated under section 1453(a); and

(ii) provide assistance in response to a petition submitted under this subsection using funds referred to in

subsection (b)(2)(B).

(2) OBJECTIVES.—The objectives of a petition submitted

under this subsection shall be to—

(A) facilitate the local development of voluntary, incentive-based partnerships among owners and operators of

community water systems, governments, and other persons

in source water areas; and

(B) obtain assistance from the State in identifying resources which are available to implement the recommendations of the partnerships to address the origins of drinking

water contaminants that may be addressed by a petition

(including to the maximum extent practicable the specific

activities contributing to the presence of the contaminants)

that affect the drinking water supply of a community.

(3) CONTAMINANTS ADDRESSED BY A PETITION.—A petition

submitted to a State under this subsection may address only

those contaminants—

(A) that are pathogenic organisms for which a national

primary drinking water regulation has been established or

is required under section 1412; or

(B) for which a national primary drinking water regulation has been promulgated or proposed and that are detected by adequate monitoring methods in the source water

at the intake structure or in any collection, treatment, storage, or distribution facilities by the community water systems at levels—

(i) above the maximum contaminant level; or
115

(ii) that are not reliably and consistently below the

maximum contaminant level.

(4) CONTENTS.—A petition submitted under this subsection

shall, at a minimum—

(A) include a delineation of the source water area in

the State that is the subject of the petition;

(B) identify, to the maximum extent practicable, the

origins of the drinking water contaminants that may be addressed by a petition (including to the maximum extent

practicable the specific activities contributing to the presence of the contaminants) in the source water area delineated under section 1453;

(C) identify any deficiencies in information that will

impair the development of recommendations by the voluntary local partnership to address drinking water contaminants that may be addressed by a petition;

(D) specify the efforts made to establish the voluntary

local partnership and obtain the participation of—

(i) the municipal or local government or other political subdivision of the State with jurisdiction over

the source water area delineated under section 1453;

and

(ii) each person in the source water area delineated

under section 1453—

(I) who is likely to be affected by recommendations of the voluntary local partnership; and

(II) whose participation is essential to the success of the partnership;

(E) outline how the voluntary local partnership has or

will, during development and implementation of recommendations of the voluntary local partnership, identify,

recognize and take into account any voluntary or other activities already being undertaken by persons in the source

water area delineated under section 1453 under Federal or

State law to reduce the likelihood that contaminants will

occur in drinking water at levels of public health concern;

and

(F) specify the technical, financial, or other assistance

that the voluntary local partnership requests of the State to

develop the partnership or to implement recommendations

of the partnership.

(b) APPROVAL OR DISAPPROVAL OF PETITIONS.—

(1) IN GENERAL.—After providing notice and an opportunity

for public comment on a petition submitted under subsection

(a), the State shall approve or disapprove the petition, in whole

or in part, not later than 120 days after the date of submission

of the petition.

(2) APPROVAL.—The State may approve a petition if the petition meets the requirements established under subsection (a).

The notice of approval shall, at a minimum, include for informational purposes—

(A) an identification of technical, financial, or other assistance that the State will provide to assist in addressing
116

the drinking water contaminants that may be addressed by

a petition based on—

(i) the relative priority of the public health concern

identified in the petition with respect to the other water

quality needs identified by the State;

(ii) any necessary coordination that the State will

perform of the program established under this section

with programs implemented or planned by other States

under this section; and

(iii) funds available (including funds available

from a State revolving loan fund established under

title VI of the Federal Water Pollution Control Act (33

U.S.C. 1381 et seq.)) or section 1452;

(B) a description of technical or financial assistance

pursuant to Federal and State programs that is available

to assist in implementing recommendations of the partnership in the petition, including—

(i) any program established under the Federal

Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(ii) the program established under section 6217 of

the Coastal Zone Act Reauthorization Amendments of

1990 (16 U.S.C. 1455b);

(iii) the agricultural water quality protection program established under chapter 2 of subtitle D of title

XII of the Food Security Act of 1985 (16 U.S.C. 3838

et seq.);

(iv) the sole source aquifer protection program established under section 1427;

(v) the community wellhead protection program established under section 1428;

(vi) any pesticide or ground water management

plan;

(vii) any voluntary agricultural resource management plan or voluntary whole farm or whole ranch

management plan developed and implemented under a

process established by the Secretary of Agriculture; and

(viii) any abandoned well closure program; and

(C) a description of activities that will be undertaken

to coordinate Federal and State programs to respond to the

petition.

(3) DISAPPROVAL.—If the State disapproves a petition submitted under subsection (a), the State shall notify the entity

submitting the petition in writing of the reasons for disapproval. A petition may be resubmitted at any time if—

(A) new information becomes available;

(B) conditions affecting the source water that is the

subject of the petition change; or

(C) modifications are made in the type of assistance

being requested.

(c) GRANTS TO SUPPORT STATE PROGRAMS.—

(1) IN GENERAL.—The Administrator may make a grant to

each State that establishes a program under this section that is

approved under paragraph (2). The amount of each grant shall
117

not exceed 50 percent of the cost of administering the program

for the year in which the grant is available. (2) APPROVAL.—In order to receive grant assistance under this subsection, a State shall submit to the Administrator for

approval a plan for a source water quality protection partnership program that is consistent with the guidance published

under subsection (d). The Administrator shall approve the plan

if the plan is consistent with the guidance published under subsection (d).

(d) GUIDANCE.— (1) IN GENERAL.—Not later than 1 year after the date of en- actment of this section, the Administrator, in consultation with

the States, shall publish guidance to assist— (A) States in the development of a source water quality protection partnership program; and (B) municipal or local governments or political subdivi- sions of a State and community water systems in the development of source water quality protection partnerships and

in the assessment of source water quality.

(2) CONTENTS OF THE GUIDANCE.—The guidance shall, at a

minimum—

(A) recommend procedures for the approval or disapproval by a State of a petition submitted under subsection (a);

(B) recommend procedures for the submission of peti- tions developed under subsection (a); (C) recommend criteria for the assessment of source

water areas within a State; and

(D) describe technical or financial assistance pursuant

to Federal and State programs that is available to address

the contamination of sources of drinking water and to develop and respond to petitions submitted under subsection

(a).

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $5,000,000 for each of

the fiscal years 1997 through 2003. Each State with a plan for a

program approved under subsection (b) shall receive an equitable

portion of the funds available for any fiscal year. (f) STATUTORY CONSTRUCTION.—Nothing in this section—

(1)(A) creates or conveys new authority to a State, political

subdivision of a State, or community water system for any new

regulatory measure; or

(B) limits any authority of a State, political subdivision, or

community water system; or

(2) precludes a community water system, municipal or local

government, or political subdivision of a government from locally developing and carrying out a voluntary, incentive-based,

source water quality protection partnership to address the origins of drinking water contaminants of public health concern.

[42 U.S.C. 300j–14]

WATER CONSERVATION PLAN

SEC. 1455. (a) GUIDELINES.—Not later than 2 years after the

date of enactment of the Safe Drinking Water Act Amendments of
118

1996, the Administrator shall publish in the Federal Register guidelines for water conservation plans for public water systems serving

fewer than 3,300 persons, public water systems serving between

3,300 and 10,000 persons, and public water systems serving more

than 10,000 persons, taking into consideration such factors as water

availability and climate.

(b) LOANS OR GRANTS.—Within 1 year after publication of the

guidelines under subsection (a), a State exercising primary enforcement responsibility for public water systems may require a public

water system, as a condition of receiving a loan or grant from a

State loan fund under section 1452, to submit with its application

for such loan or grant a water conservation plan consistent with

such guidelines.

[42 U.S.C. 300j–15]

ASSISTANCE TO COLONIAS

SEC. 1456. (a) DEFINITIONS.—As used in this section:

(1) BORDER STATE.—The term ‘‘border State’’ means Arizona, California, New Mexico, and Texas.

(2) ELIGIBLE COMMUNITY.—The term ‘‘eligible community’’

means a low-income community with economic hardship that—

(A) is commonly referred to as a colonia;

(B) is located along the United States-Mexico border

(generally in an unincorporated area); and

(C) lacks a safe drinking water supply or adequate facilities for the provision of safe drinking water for human

consumption.

(b) GRANTS TO ALLEVIATE HEALTH RISKS.—The Administrator

of the Environmental Protection Agency and the heads of other appropriate Federal agencies are authorized to award grants to a border State to provide assistance to eligible communities to facilitate

compliance with national primary drinking water regulations or

otherwise significantly further the health protection objectives of this

title.

(c) USE OF FUNDS.—Each grant awarded pursuant to subsection (b) shall be used to provide assistance to one or more eligible

communities with respect to which the residents are subject to a significant health risk (as determined by the Administrator or the head

of the Federal agency making the grant) attributable to the lack of

access to an adequate and affordable drinking water supply system.

(d) COST SHARING.—The amount of a grant awarded pursuant

to this section shall not exceed 50 percent of the costs of carrying

out the project that is the subject of the grant.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $25,000,000 for each of

the fiscal years 1997 through 1999.

[42 U.S.C. 300j–16]

ESTROGENIC SUBSTANCES SCREENING PROGRAM

SEC. 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 ac-
119

cordance 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.

[42 U.S.C. 300j–17]

DRINKING WATER STUDIES

SEC. 1458. (a) SUBPOPULATIONS AT GREATER RISK.—

(1) IN GENERAL.—The Administrator shall conduct a continuing program of studies to identify groups within the general

population that may be at greater risk than the general population of adverse health effects from exposure to contaminants

in drinking water. The study shall examine whether and to

what degree infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that can be identified and characterized are likely to experience elevated health risks, including risks of cancer, from contaminants in drinking water.

(2) REPORT.—Not later than 4 years after the date of enactment of this subsection and periodically thereafter as new and

significant information becomes available, the Administrator

shall report to the Congress on the results of the studies.

(b) BIOLOGICAL MECHANISMS.—The Administrator shall conduct biomedical studies to—

(1) understand the mechanisms by which chemical contaminants are absorbed, distributed, metabolized, and eliminated from the human body, so as to develop more accurate

physiologically based models of the phenomena;

(2) understand the effects of contaminants and the mechanisms by which the contaminants cause adverse effects (especially noncancer and infectious effects) and the variations in the

effects among humans, especially subpopulations at greater risk

of adverse effects, and between test animals and humans; and

(3) develop new approaches to the study of complex mixtures, such as mixtures found in drinking water, especially to

determine the prospects for synergistic or antagonistic interactions that may affect the shape of the dose-response relationship of the individual chemicals and microbes, and to examine

noncancer endpoints and infectious diseases, and susceptible individuals and subpopulations.

(c) STUDIES ON HARMFUL SUBSTANCES IN DRINKING WATER.—

(1) DEVELOPMENT OF STUDIES.—The Administrator shall,

not later than 180 days after the date of enactment of this section and after consultation with the Secretary of Health and

Human Services, the Secretary of Agriculture, and, as appropriate, the heads of other Federal agencies, conduct the studies

described in paragraph (2) to support the development and implementation of the most current version of each of the following:

(A) Enhanced Surface Water Treatment Rule (59 Fed.

Reg. 38832 (July 29, 1994)).

(B) Disinfectant and Disinfection Byproducts Rule (59

Fed. Reg. 38668 (July 29, 1994)).
120

(C) Ground Water Disinfection Rule (availability of

draft summary announced at (57 Fed. Reg. 33960; July 31,

1992)).

(2) CONTENTS OF STUDIES.—The studies required by paragraph (1) shall include, at a minimum, each of the following:

(A) Toxicological studies and, if warranted, epidemiological studies to determine what levels of exposure from

disinfectants and disinfection byproducts, if any, may be

associated with developmental and birth defects and other

potential toxic end points.

(B) Toxicological studies and, if warranted, epidemiological studies to quantify the carcinogenic potential from

exposure to disinfection byproducts resulting from different

disinfectants.

(C) The development of dose-response curves for pathogens, including cryptosporidium and the Norwalk virus.

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $12,500,000

for each of fiscal years 1997 through 2003.

(d) WATERBORNE DISEASE OCCURRENCE STUDY.—

(1) SYSTEM.—The Director of the Centers for Disease Control and Prevention, and the Administrator shall jointly—

(A) within 2 years after the date of enactment of this

section, conduct pilot waterborne disease occurrence studies

for at least 5 major United States communities or public

water systems; and

(B) within 5 years after the date of enactment of this

section, prepare a report on the findings of the pilot studies,

and a national estimate of waterborne disease occurrence.

(2) TRAINING AND EDUCATION.—The Director and Administrator shall jointly establish a national health care provider

training and public education campaign to inform both the professional health care provider community and the general public about waterborne disease and the symptoms that may be

caused by infectious agents, including microbial contaminants.

In developing such a campaign, they shall seek comment from

interested groups and individuals, including scientists, physicians, State and local governments, environmental groups, public water systems, and vulnerable populations.

(3) FUNDING.—There are authorized to be appropriated for

each of the fiscal years 1997 through 2001, $3,000,000 to carry

out this subsection. To the extent funds under this subsection

are not fully appropriated, the Administrator may use not more

than $2,000,000 of the funds from amounts reserved under section 1452(n) for health effects studies for purposes of this subsection. The Administrator may transfer a portion of such funds

to the Centers for Disease Control and Prevention for such purposes.

[42 U.S.C. 300j–18]
121

1Part F was added by the Lead Contamination Control Act of 1988 (P.L. 100–572; 102 Stat.

2884).

PART F—ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF

DRINKING WATER 1

øSEC. 1461. DEFINITIONS¿

DEFINITIONS

SEC. 1461. As used in this part—

(1) DRINKING WATER COOLER.—The term ‘‘drinking water

cooler’’ means any mechanical device affixed to drinking water

supply plumbing which actively cools water for human consumption.

(2) LEAD FREE.—The term ‘‘lead free’’ means, with respect

to a drinking water cooler, that each part or component of the

cooler which may come in contact with drinking water contains

not more than 8 percent lead, except that no drinking water

cooler which contains any solder, flux, or storage tank interior

surface which may come in contact with drinking water shall

be considered lead free if the solder, flux, or storage tank interior surface contains more than 0.2 percent lead. The Administrator may establish more stringent requirements for treating

any part or component of a drinking water cooler as lead free

for purposes of this part whenever he determines that any

such part may constitute an important source of lead in drinking water.

(3) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ means—

(A) any local educational agency as defined in section

14101 of the Elementary and Secondary Education Act of

1965,

(B) the owner of any private, nonprofit elementary or

secondary school building, and

(C) the governing authority of any school operating

under the defense dependent’s education system provided

for under the Defense Dependent’s Education Act of 1978

(20 U.S.C. 921 and following).

(4) REPAIR.—The term ‘‘repair’’ means, with respect to a

drinking water cooler, to take such corrective action as is necessary to ensure that water cooler is lead free.

(5) REPLACEMENT.—The term ‘‘replacement’’, when used

with respect to a drinking water cooler, means the permanent

removal of the water cooler and the installation of a lead free

water cooler.

(6) SCHOOL.—The term ‘‘school’’ means any elementary

school or secondary school as defined in section 14101 of the

Elementary and Secondary Education Act of 1965 and any kindergarten or day care facility.

(7) LEAD-LINED TANK.—The term ‘‘lead-lined tank’’ means

a water reservoir container in a drinking water cooler which

container is constructed of lead or which has an interior surface which is not leadfree.

[42 U.S.C. 300j–21]
122

øSEC. 1462. RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED

TANKS¿

RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS

SEC. 1462. For purposes of the Consumer Product Safety Act, all drinking water coolers identified by the Administrator on the

list under section 1463 as having a lead-lined tank shall be considered to be imminently hazardous consumer products within the

meaning of section 12 of such Act (15 U.S.C. 2061). After notice

and opportunity for comment, including a public hearing, the

Consumer Product Safety Commission shall issue an order requiring the manufacturers and importers of such coolers to repair, replace, or recall and provide a refund for such coolers within 1 year

after the enactment of the Lead Contamination Control Act of

1988. For purposes of enforcement, such order shall be treated as

an order under section 15(d) of that Act (15 U.S.C. 2064(d)).

[42 U.S.C. 300j–22]

øSEC. 1463. DRINKING WATER COOLERS CONTAINING LEAD¿

DRINKING WATER COOLERS CONTAINING LEAD

SEC. 1463. (a) PUBLICATION OF LISTS.—The Administrator

shall, after notice and opportunity for public comment, identify

each brand and model of drinking water cooler which is not lead

free, including each brand and model of drinking water cooler

which has a lead-lined tank. For purposes of identifying the brand

and model of drinking water coolers under this subsection, the Administrator shall use the best information available to the Environmental Protection Agency. Within 100 days after the enactment of

this section, the Administrator shall publish a list of each brand

and model of drinking water cooler identified under this subsection.

Such list shall separately identify each brand and model of cooler

which has a lead-lined tank. The Administrator shall continue to

gather information regarding lead in drinking water coolers and

shall revise and republish the list from time to time as may be appropriate as new information or analysis becomes available regarding lead contamination in drinking water coolers. (b) PROHIBITION.—No person may sell in interstate commerce, or manufacture for sale in interstate commerce, any drinking water

cooler listed under subsection (a) or any other drinking water cooler which is not lead free, including a lead-lined drinking water

cooler.

(c) CRIMINAL PENALTY.—Any person who knowingly violates

the prohibition contained in subsection (b) shall be imprisoned for

not more than 5 years, or fined in accordance with title 18 of the

United States Code, or both.

(d) CIVIL PENALTY.—The Administrator may bring a civil action in the appropriate United States District Court (as determined

under the provisions of title 28 of the United States Code) to impose a civil penalty on any person who violates subsection (b). In

any such action the court may impose on such person a civil penalty of not more than $5,000 ($50,000 in the case of a second or

subsequent violation).

[42 U.S.C. 300j–23]
123

øSEC. 1464. LEAD CONTAMINATION IN SCHOOL DRINKING WATER¿

LEAD CONTAMINATION IN SCHOOL DRINKING WATER

SEC. 1464. (a) DISTRIBUTION OF DRINKING WATER COOLER

LIST.—Within 100 days after the enactment of this section, the Administrator shall distribute to the States a list of each brand and

model of drinking water cooler identified and listed by the Administrator under section 1463(a).

(b) GUIDANCE DOCUMENT AND TESTING PROTOCOL.—The Administrator shall publish a guidance document and a testing protocol to assist schools in determining the source and degree of lead

contamination in school drinking water supplies and in remedying

such contamination. The guidance document shall include guidelines for sample preservation. The guidance document shall also include guidance to assist States, schools, and the general public in

ascertaining the levels of lead contamination in drinking water

coolers and in taking appropriate action to reduce or eliminate such

contamination. The guidance document shall contain a testing protocol for the identification of drinking water coolers which contribute to lead contamination in drinking water. Such document and

protocol may be revised, republished and redistributed as the Administrator deems necessary. The Administrator shall distribute

the guidance document and testing protocol to the States within

100 days after the enactment of this section.

(c) DISSEMINATION TO SCHOOLS, ETC.—Each State shall provide

for the dissemination to local educational agencies, private nonprofit elementary or secondary schools and to day care centers of

the guidance document and testing protocol published under subsection (b), together with the list of drinking water coolers published under section 1463(a).

(d) REMEDIAL ACTION PROGRAM.—

(1) TESTING AND REMEDYING LEAD CONTAMINATION.—Within 9 months after the enactment of this section, each State

shall establish a program, consistent with this section, to assist

local educational agencies in testing for, and remedying, lead

contamination in drinking water from coolers and from other

sources of lead contamination at schools under the jurisdiction

of such agencies.

(2) PUBLIC AVAILABILITY.—A copy of the results of any testing under paragraph (1) shall be available in the administrative offices of the local educational agency for inspection by the

public, including teachers, other school personnel, and parents.

The local educational agency shall notify parent, teacher, and

employee organizations of the availability of such testing results.

(3) COOLERS.—In the case of drinking water coolers, such

program shall include measures for the reduction or elimination of lead contamination from those water coolers which

are not lead free and which are located in schools. Such measures shall be adequate to ensure that within 15 months after

the enactment of this subsection all such water coolers in

schools under the jurisdiction of such agencies are repaired, replaced, permanently removed, or rendered inoperable unless
124

the cooler is tested and found (within the limits of testing accuracy) not to contribute lead to drinking water.

[42 U.S.C. 300j–24]

øSEC. 1465. FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING

LEAD CONTAMINATION IN SCHOOL DRINKING WATER¿

FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING LEAD

CONTAMINATION IN SCHOOL DRINKING WATER

SEC. 1465. (a) SCHOOL DRINKING WATER PROGRAMS.—The Administrator shall make grants to States to establish and carry out

State programs under section 1464 to assist local educational agencies in testing for, and remedying, lead contamination in drinking

water from drinking water coolers and from other sources of lead

contamination at schools under the jurisdiction of such agencies.

Such grants may be used by States to reimburse local educational

agencies for expenses incurred after the enactment of this section

for such testing and remedial action. (b) LIMITS.—Each grant under this section shall be used by the

State for testing water coolers in accordance with section 1464, for

testing for lead contamination in other drinking water supplies

under section 1464, or for remedial action under State programs

under section 1464. Not more than 5 percent of the grant may be

used for program administration. (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section not more than

$30,000,000 for fiscal year 1989, $30,000,000 for fiscal year 1990,

and $30,000,000 for fiscal year 1991.

[42 U.S.C. 300j–25]

Æ