I

104TH CONGRESS

2D SESSION H. R. 3038

To reauthorize and amend title XIV of the Public Health Service Act

(commonly known as the ‘‘Safe Drinking Water Act’’), and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 1996

Mr. POMEROY introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Transportation

and Infrastructure, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To reauthorize and amend title XIV of the Public Health

Service Act (commonly known as the ‘‘Safe Drinking

Water Act’’), and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Safe Drinking Water Act Amendments of 1996’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:
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Sec. 1. Short title; table of contents; references.

Sec. 2. Findings.

Sec. 3. State revolving loan funds.

Sec. 4. Selection of contaminants; schedule.

Sec. 5. Risk assessment, management, and communication.

Sec. 6. Standard-setting; review of standards.

Sec. 7. Arsenic.

Sec. 8. Radon.

Sec. 9. Sulfate.

Sec. 10. Filtration and disinfection.

Sec. 11. Effective date for regulations.

Sec. 12. Technology and treatment techniques; technology centers.

Sec. 13. Variances and exemptions.

Sec. 14. Small systems; technical assistance.

Sec. 15. Capacity development; finance centers.

Sec. 16. Operator and laboratory certification.

Sec. 17. Source water quality protection partnerships.

Sec. 18. State primacy; State funding.

Sec. 19. Monitoring and information gathering.

Sec. 20. Public notification.

Sec. 21. Enforcement; judicial review.

Sec. 22. Federal agencies.

Sec. 23. Research.

Sec. 24. Definitions.

Sec. 25. Watershed and ground water protection.

Sec. 26. Lead plumbing and pipes; return flows.

Sec. 27. Bottled water.

Sec. 28. Other amendments.

1 (c) REFERENCES TO TITLE XIV OF THE PUBLIC

2 HEALTH SERVICE ACT.—Except as otherwise expressly

3 provided, whenever in this Act an amendment or repeal

4 is expressed in terms of an amendment to, or repeal of,

5 a section or other provision, the reference shall be consid6 ered to be made to a section or other provision of title

7 XIV of the Public Health Service Act (commonly known

8 as the ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et

9 seq.).

10 SEC. 2. FINDINGS.

11 Congress finds that—
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1 (1) safe drinking water is essential to the pro2 tection of public health;

3 (2) because the requirements of title XIV of the

4 Public Health Service Act (commonly known as the

5 ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et

6 seq.) now exceed the financial and technical capacity

7 of some public water systems, especially many small

8 public water systems, the Federal Government needs

9 to provide assistance to communities to help the

10 communities meet Federal drinking water require11 ments;

12 (3) the Federal Government commits to take

13 steps to foster and maintain a genuine partnership

14 with the States in the administration and implemen15 tation of the Safe Drinking Water Act;

16 (4) States play a central role in the implemen17 tation of safe drinking water programs, and States

18 need increased financial resources and appropriate

19 flexibility to ensure the prompt and effective devel20 opment and implementation of drinking water pro21 grams;

22 (5) the existing process for the assessment and

23 regulation of additional drinking water contaminants

24 needs to be revised and improved to ensure that

25 there is a sound scientific basis for drinking water
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1 regulations and that the standards established ad2 dress the health risks posed by contaminants;

3 (6) procedures for assessing the health effects

4 of contaminants and establishing drinking water

5 standards should be revised to provide greater op6 portunity for public education and participation;

7 (7) in setting priorities with respect to the

8 health risks from drinking water to be addressed

9 and in selecting the appropriate level of regulation

10 for contaminants in drinking water, risk assessment

11 and benefit-cost analysis are important and useful

12 tools for improving the efficiency and effectiveness of

13 drinking water regulations to protect human health;

14 (8) more effective protection of public health re15 quires—

16 (A) a Federal commitment to set priorities

17 that will allow scarce Federal, State, and local

18 resources to be targeted toward the drinking

19 water problems of greatest public health con20 cern; and

21 (B) maximizing the value of the different

22 and complementary strengths and responsibil23 ities of the Federal and State governments in

24 those States that have primary enforcement re-
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1 sponsibility for the Safe Drinking Water Act;

2 and

3 (9) compliance with the requirements of the

4 Safe Drinking Water Act continues to be a concern

5 at public water systems experiencing technical and

6 financial limitations, and Federal, State, and local

7 governments need more resources and more effective

8 authority to attain the objectives of the Safe Drink9 ing Water Act.

10 SEC. 3. STATE REVOLVING LOAN FUNDS.

11 The title (42 U.S.C. 300f et seq.) is amended by add12 ing at the end the following:

13 ‘‘PART G—STATE REVOLVING LOAN FUNDS

14 ‘‘GENERAL AUTHORITY

15 ‘‘SEC. 1471. (a) CAPITALIZATION GRANT AGREE16 MENTS.—The Administrator shall offer to enter into an

17 agreement with each State to make capitalization grants

18 to the State pursuant to section 1472 (referred to in this

19 part as ‘capitalization grants’) to establish a drinking

20 water treatment State revolving loan fund (referred to in

21 this part as a ‘State loan fund’).

22 ‘‘(b) REQUIREMENTS OF AGREEMENTS.—An agree23 ment entered into pursuant to this section shall establish,

24 to the satisfaction of the Administrator, that—
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1 ‘‘(1) the State has established a State loan fund

2 that complies with the requirements of this part;

3 ‘‘(2) the State loan fund will be administered by

4 an instrumentality of the State that has the powers

5 and authorities that are required to operate the

6 State loan fund in accordance with this part;

7 ‘‘(3) the State will deposit the capitalization

8 grants into the State loan fund;

9 ‘‘(4) the State will deposit all loan repayments

10 received, and interest earned on the amounts depos11 ited into the State loan fund under this part, into

12 the State loan fund;

13 ‘‘(5) the State will deposit into the State loan

14 fund an amount equal to at least 20 percent of the

15 total amount of each payment to be made to the

16 State on or before the date on which the payment

17 is made to the State, except as provided in sub18 section (c)(4);

19 ‘‘(6) the State will use funds in the State loan

20 fund in accordance with an intended use plan pre21 pared pursuant to section 1474(b);

22 ‘‘(7) the State and loan recipients that receive

23 funds that the State makes available from the State

24 loan fund will use accounting procedures that con25 form to generally accepted accounting principles, au-
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1 diting procedures that conform to chapter 75 of title

2 31, United States Code (commonly known as the

3 ‘Single Audit Act of 1984’), and such fiscal proce4 dures as the Administrator may prescribe; and

5 ‘‘(8) the State has adopted policies and proce6 dures to ensure that loan recipients are reasonably

7 likely to be able to repay a loan.

8 ‘‘(c) ADMINISTRATION OF STATE LOAN FUNDS.—

9 ‘‘(1) IN GENERAL.—The authority to establish

10 assistance priorities for financial assistance provided

11 with amounts deposited into the State loan fund

12 shall reside in the State agency that has primary re13 sponsibility for the administration of the State pro14 gram under section 1413, after consultation with

15 other appropriate State agencies (as determined by

16 the State): Provided further, That in nonprimacy

17 States, the Governor shall determine which State

18 agency will have the authority to establish assistance

19 priorities for financial assistance provided with

20 amounts deposited into the State loan fund.

21 ‘‘(2) FINANCIAL ADMINISTRATION.—A State

22 may combine the financial administration of the

23 State loan fund pursuant to this part with the finan24 cial administration of a State water pollution control

25 revolving fund established by the State pursuant to
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1 title VI of the Federal Water Pollution Control Act

2 (33 U.S.C. 1381 et seq.), or other State revolving

3 funds providing financing for similar purposes, if the

4 Administrator determines that the grants to be pro5 vided to the State under this part, and the loan re6 payments and interest deposited into the State loan

7 fund pursuant to this part, will be separately ac8 counted for and used solely for the purposes of and

9 in compliance with the requirements of this part.

10 ‘‘(3) TRANSFER OF FUNDS.—

11 ‘‘(A) IN GENERAL.—Notwithstanding any

12 other provision of law, a Governor of a State

13 may—

14 ‘‘(i) reserve up to 50 percent of a cap15 italization grant made pursuant to section

16 1472 and add the funds reserved to any

17 funds provided to the State pursuant to

18 section 601 of the Federal Water Pollution

19 Control Act (33 U.S.C. 1381); and

20 ‘‘(ii) reserve in any year a dollar

21 amount up to the dollar amount that may

22 be reserved under clause (i) for that year

23 from capitalization grants made pursuant

24 to section 601 of such Act (33 U.S.C.

25 1381) and add the reserved funds to any
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1 funds provided to the State pursuant to

2 section 1472.

3 ‘‘(B) STATE MATCH.—Funds reserved pur4 suant to this paragraph shall not be considered

5 to be a State match of a capitalization grant re6 quired pursuant to this title or the Federal

7 Water Pollution Control Act (33 U.S.C. 1251 et

8 seq.).

9 ‘‘(4) EXTENDED PERIOD.—Notwithstanding

10 subsection (b)(5), a State shall not be required to

11 deposit a State matching amount into the fund prior

12 to the date on which each payment is made for pay13 ments from funds appropriated for fiscal years

14 1994, 1995, and 1996, if the matching amounts for

15 the payments are deposited into the State fund prior

16 to September 30, 1998.

17 ‘‘CAPITALIZATION GRANTS

18 ‘‘SEC. 1472. (a) GENERAL AUTHORITY.—The Ad19 ministrator may make grants to capitalize State loan

20 funds to a State that has entered into an agreement pur21 suant to section 1471.

22 ‘‘(b) FORMULA FOR ALLOTMENT OF FUNDS.—

23 ‘‘(1) IN GENERAL.—Subject to subsection (c)

24 and paragraph (2), funds made available to carry

25 out this part shall be allotted to States that have en-
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1 tered into an agreement pursuant to section 1471 in

2 accordance with—

3 ‘‘(A) for each of fiscal years 1995 through

4 1997, a formula that is the same as the for5 mula used to distribute public water system su6 pervision grant funds under section 1443 in fis7 cal year 1995, except that the minimum propor8 tionate share established in the formula shall be

9 1 percent of available funds and the formula

10 shall be adjusted to include a minimum propor11 tionate share for the State of Wyoming; and

12 ‘‘(B) for fiscal year 1998 and each subse13 quent fiscal year, a formula that allocates to

14 each State the proportional share of the State

15 needs identified in the most recent survey con16 ducted pursuant to section 1475(c), except that

17 the minimum proportionate share provided to

18 each State shall be the same as the minimum

19 proportionate share provided under subpara20 graph (A).

21 ‘‘(2) OTHER JURISDICTIONS.—The formula es22 tablished pursuant to paragraph (1) shall reserve

23 0.5 percent of the amounts made available to carry

24 out this part for a fiscal year for providing direct
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1 grants to the jurisdictions, other than Indian Tribes,

2 referred to in subsection (f).

3 ‘‘(c) RESERVATION OF FUNDS FOR INDIAN

4 TRIBES.—

5 ‘‘(1) IN GENERAL.—For each fiscal year, prior

6 to the allotment of funds made available to carry out

7 this part, the Administrator shall reserve 1.5 percent

8 of the funds for providing financial assistance to In9 dian Tribes pursuant to subsection (f).

10 ‘‘(2) USE OF FUNDS.—Funds reserved pursu11 ant to paragraph (1) shall be used to address the

12 most significant threats to public health associated

13 with public water systems that serve Indian Tribes,

14 as determined by the Administrator in consultation

15 with the Director of the Indian Health Service and

16 Indian Tribes.

17 ‘‘(3) NEEDS ASSESSMENT.—The Administrator,

18 in consultation with the Director of the Indian

19 Health Service and Indian Tribes, shall, in accord20 ance with a schedule that is consistent with the

21 needs surveys conducted pursuant to section

22 1475(c), prepare surveys and assess the needs of

23 drinking water treatment facilities to serve Indian

24 Tribes, including an evaluation of the public water
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1 systems that pose the most significant threats to

2 public health.

3 ‘‘(d) TECHNICAL ASSISTANCE FOR SMALL SYS4 TEMS.—

5 ‘‘(1) DEFINITIONS.—In this subsection:

6 ‘‘(A) SMALL SYSTEM.—The term ‘small

7 system’ means a public water system that

8 serves a population of 10,000 or fewer.

9 ‘‘(B) TECHNICAL ASSISTANCE.—The term

10 ‘technical assistance’ means assistance provided

11 by a State to a small system, including assist12 ance to potential loan recipients and assistance

13 for planning and design, development and im14 plementation of a source water quality protec15 tion partnership program, alternative supplies

16 of drinking water, restructuring or consolida17 tion of a small system, and treatment to comply

18 with a national primary drinking water regula19 tion.

20 ‘‘(2) RESERVATION OF FUNDS.—To provide

21 technical assistance pursuant to this subsection,

22 each State may reserve from capitalization grants

23 received in any year an amount that does not exceed

24 the greater of—
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1 ‘‘(A) an amount equal to 2 percent of the

2 amount of the capitalization grants received by

3 the State pursuant to this section; or

4 ‘‘(B) $300,000.

5 ‘‘(e) ALLOTMENT PERIOD.—

6 ‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL

7 ASSISTANCE.—

8 ‘‘(A) IN GENERAL.—Except as provided in

9 subparagraph (B), the sums allotted to a State

10 pursuant to subsection (b) for a fiscal year shall

11 be available to the State for obligation during

12 the fiscal year for which the sums are author13 ized and during the following fiscal year.

14 ‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL

15 YEARS 1995 AND 1996.—The sums allotted to a

16 State pursuant to subsection (b) from funds

17 that are made available by appropriations for

18 each of fiscal years 1995 and 1996 shall be

19 available to the State for obligation during each

20 of fiscal years 1995 through 1998.

21 ‘‘(2) REALLOTMENT OF UNOBLIGATED

22 FUNDS.—Prior to obligating new allotments made

23 available to the State pursuant to subsection (b),

24 each State shall obligate funds accumulated before a

25 date that is 1 year prior to the date of the obligation
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1 of a new allotment from loan repayments and inter2 est earned on amounts deposited into a State loan

3 fund. The amount of any allotment that is not obli4 gated by a State by the last day of the period of

5 availability established by paragraph (1) shall be im6 mediately reallotted by the Administrator on the

7 basis of the same ratio as is applicable to sums allot8 ted under subsection (b), except that the Adminis9 trator may reserve and allocate 10 percent of the re10 maining amount for financial assistance to Indian

11 Tribes in addition to the amount allotted under sub12 section (c). None of the funds reallotted by the Ad13 ministrator shall be reallotted to any State that has

14 not obligated all sums allotted to the State pursuant

15 to this section during the period in which the sums

16 were available for obligation.

17 ‘‘(3) ALLOTMENT OF WITHHELD FUNDS.—All

18 funds withheld by the Administrator pursuant to

19 subsection (g) and section 1442(e)(3) shall be allot20 ted by the Administrator on the basis of the same

21 ratio as is applicable to funds allotted under sub22 section (b). None of the funds allotted by the Ad23 ministrator pursuant to this paragraph shall be al24 lotted to a State unless the State has met the re25 quirements of section 1418(a).
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1 ‘‘(f) DIRECT GRANTS.—

2 ‘‘(1) IN GENERAL.—The Administrator is au3 thorized to make grants for the improvement of pub4 lic water systems of Indian Tribes, the District of

5 Columbia, the United States Virgin Islands, the

6 Commonwealth of the Northern Mariana Islands,

7 American Samoa, and Guam and, if funds are ap8 propriated to carry out this part for fiscal year

9 1995, the Republic of Palau.

10 ‘‘(2) ALASKA NATIVE VILLAGES.—In the case of

11 a grant for a project under this subsection in an

12 Alaska Native village, the Administrator is also au13 thorized to make grants to the State of Alaska for

14 the benefit of Native villages. An amount not to ex15 ceed 4 percent of the grant amount may be used by

16 the State of Alaska for project management.

17 ‘‘(g) NEW SYSTEM CAPACITY.—Beginning in fiscal

18 year 1999, the Administrator shall withhold the percent19 age prescribed in the following sentence of each capitaliza20 tion grant made pursuant to this section to a State unless

21 the State has met the requirements of section 1418(a).

22 The percentage withheld shall be 5 percent for fiscal year

23 1999, 10 percent for fiscal year 2000, and 15 percent for

24 each subsequent fiscal year.
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1 ‘‘ELIGIBLE ASSISTANCE

2 ‘‘SEC. 1473. (a) IN GENERAL.—The amounts depos3 ited into a State loan fund, including any amounts equal

4 to the amounts of loan repayments and interest earned

5 on the amounts deposited, may be used by the State to

6 carry out projects that are consistent with this section.

7 ‘‘(b) PROJECTS ELIGIBLE FOR ASSISTANCE.—

8 ‘‘(1) IN GENERAL.—The amounts deposited

9 into a State loan fund shall be used only for provid10 ing financial assistance for capital expenditures and

11 associated costs (but excluding the cost of land ac12 quisition unless the cost is incurred to acquire land

13 for the construction of a treatment facility or for a

14 consolidation project) for—

15 ‘‘(A) a project that will facilitate compli16 ance with national primary drinking water reg17 ulations promulgated pursuant to section 1412;

18 ‘‘(B) a project that will facilitate the con19 solidation of public water systems or the use of

20 an alternative source of water supply;

21 ‘‘(C) a project that will upgrade a drinking

22 water treatment system; and

23 ‘‘(D) the development of a public water

24 system to replace private drinking water sup-
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1 plies if the private water supplies pose a signifi2 cant threat to human health.

3 ‘‘(2) OPERATOR TRAINING.—Associated costs

4 eligible for assistance under this part include the

5 costs of training and certifying the persons who will

6 operate facilities that receive assistance pursuant to

7 paragraph (1).

8 ‘‘(3) LIMITATION.—

9 ‘‘(A) IN GENERAL.—Except as provided in

10 subparagraph (B), no assistance under this

11 part shall be provided to a public water system

12 that—

13 ‘‘(i) does not have the technical, man14 agerial, and financial capability to ensure

15 compliance with the requirements of this

16 title; and

17 ‘‘(ii) has a history of—

18 ‘‘(I) past violations of any maxi19 mum contaminant level or treatment

20 technique established by a regulation

21 or a variance; or

22 ‘‘(II) significant noncompliance

23 with monitoring requirements or any

24 other requirement of a national pri-
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1 mary drinking water regulation or

2 variance.

3 ‘‘(B) RESTRUCTURING.—A public water

4 system described in subparagraph (A) may re5 ceive assistance under this part if—

6 ‘‘(i) the owner or operator of the sys7 tem agrees to undertake feasible and ap8 propriate changes in operations (including

9 ownership, management, accounting, rates,

10 maintenance, consolidation, alternative

11 water supply, or other procedures) if the

12 State determines that such measures are

13 necessary to ensure that the system has

14 the technical, managerial, and financial ca15 pability to comply with the requirements of

16 this title over the long term; and

17 ‘‘(ii) the use of the assistance will en18 sure compliance.

19 ‘‘(c) ELIGIBLE PUBLIC WATER SYSTEMS.—A State

20 loan fund, or the Administrator in the case of direct

21 grants under section 1472(f), may provide financial assist22 ance only to community water systems, publicly owned

23 water systems (other than systems owned by Federal

24 agencies), and nonprofit noncommunity water systems.
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1 ‘‘(d) TYPES OF ASSISTANCE.—Except as otherwise

2 limited by State law, the amounts deposited into a State

3 loan fund under this section may be used only—

4 ‘‘(1) to make loans, on the condition that—

5 ‘‘(A) the interest rate for each loan is less

6 than or equal to the market interest rate, in7 cluding an interest free loan;

8 ‘‘(B) principal and interest payments on

9 each loan will commence not later than 1 year

10 after completion of the project for which the

11 loan was made, and each loan will be fully am12 ortized not later than 20 years after the com13 pletion of the project, except that in the case of

14 a disadvantaged community (as defined in sub15 section (e)(1)), a State may provide an ex16 tended term for a loan, if the extended term—

17 ‘‘(i) terminates not later than the date

18 that is 30 years after the date of project

19 completion; and

20 ‘‘(ii) does not exceed the expected de21 sign life of the project;

22 ‘‘(C) the recipient of each loan will estab23 lish a dedicated source of revenue (or, in the

24 case of a privately-owned system, demonstrate
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1 that there is adequate security) for the repay2 ment of the loan; and

3 ‘‘(D) the State loan fund will be credited

4 with all payments of principal and interest on

5 each loan;

6 ‘‘(2) to buy or refinance the debt obligation of

7 a municipality or an intermunicipal or interstate

8 agency within the State at an interest rate that is

9 less than or equal to the market interest rate in any

10 case in which a debt obligation is incurred after Oc11 tober 14, 1993, or to refinance a debt obligation for

12 a project constructed to comply with a regulation es13 tablished pursuant to an amendment to this title

14 made by the Safe Drinking Water Act Amendments

15 of 1986 (Public Law 99–339; 100 Stat. 642);

16 ‘‘(3) to guarantee, or purchase insurance for, a

17 local obligation (all of the proceeds of which finance

18 a project eligible for assistance under subsection (b))

19 if the guarantee or purchase would improve credit

20 market access or reduce the interest rate applicable

21 to the obligation;

22 ‘‘(4) as a source of revenue or security for the

23 payment of principal and interest on revenue or gen24 eral obligation bonds issued by the State if the pro-
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1 ceeds of the sale of the bonds will be deposited into

2 the State loan fund; and

3 ‘‘(5) to earn interest on the amounts deposited

4 into the State loan fund.

5 ‘‘(e) ASSISTANCE FOR DISADVANTAGED COMMU6 NITIES.—

7 ‘‘(1) DEFINITION OF DISADVANTAGED COMMU8 NITY.—In this subsection, the term ‘disadvantaged

9 community’ means the service area of a public water

10 system that meets affordability criteria established

11 after public review and comment by the State in

12 which the public water system is located. The Ad13 ministrator may publish information to assist States

14 in establishing affordability criteria.

15 ‘‘(2) LOAN SUBSIDY.—Notwithstanding sub16 section (d), in any case in which the State makes a

17 loan pursuant to subsection (d) to a disadvantaged

18 community or to a community that the State expects

19 to become a disadvantaged community as the result

20 of a proposed project, the State may provide addi21 tional subsidization (including forgiveness of prin22 cipal).

23 ‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each

24 fiscal year, the total amount of loan subsidies made

25 by a State pursuant to paragraph (2) may not ex-
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1 ceed 30 percent of the amount of the capitalization

2 grant received by the State for the year.

3 ‘‘(f) SOURCE WATER QUALITY PROTECTION AND CA4 PACITY DEVELOPMENT.—

5 ‘‘(1) IN GENERAL.—Notwithstanding subsection

6 (b)(1), a State may—

7 ‘‘(A) provide assistance, only in the form

8 of a loan, to—

9 ‘‘(i) any public water system described

10 in subsection (c) to acquire land or a con11 servation easement from a willing seller or

12 grantor, if the purpose of the acquisition is

13 to protect the source water of the system

14 from contamination; or

15 ‘‘(ii) any community water system de16 scribed in subsection (c) to provide funding

17 in accordance with section

18 1419(d)(1)(C)(i);

19 ‘‘(B) provide assistance, including technical

20 and financial assistance, to any public water

21 system as part of a capacity development strat22 egy developed and implemented in accordance

23 with section 1418(c); and

24 ‘‘(C) make expenditures from the capital25 ization grant of the State for fiscal years 1996
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1 and 1997 to delineate and assess source water

2 protection areas in accordance with section

3 1419, except that funds set aside for such ex4 penditure shall be obligated within 4 fiscal

5 years.

6 ‘‘(2) LIMITATION.—For each fiscal year, the

7 total amount of assistance provided and expendi8 tures made by a State under this subsection may not

9 exceed 15 percent of the amount of the capitaliza10 tion grant received by the State for that year and

11 may not exceed 10 percent of that amount for any

12 one of the following activities:

13 ‘‘(A) To acquire land or conservation ease14 ments pursuant to paragraph (1)(A)(i).

15 ‘‘(B) To provide funding to implement rec16 ommendations of source water quality protec17 tion partnerships pursuant to paragraph

18 (1)(A)(ii).

19 ‘‘(C) To provide assistance through a ca20 pacity development strategy pursuant to para21 graph (1)(B).

22 ‘‘(D) To make expenditures to delineate or

23 assess source water protection areas pursuant

24 to paragraph (1)(C).
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1 ‘‘STATE LOAN FUND ADMINISTRATION

2 ‘‘SEC. 1474. (a) ADMINISTRATION, TECHNICAL AS3 SISTANCE, AND MANAGEMENT.—

4 ‘‘(1) ADMINISTRATION.—Each State that has a

5 State loan fund is authorized to expend from the an6 nual capitalization grant of the State a reasonable

7 amount, not to exceed 4 percent of the capitalization

8 grant made to the State, for the costs of the admin9 istration of the State loan fund.

10 ‘‘(2) STATE PROGRAM MANAGEMENT ASSIST11 ANCE.—

12 ‘‘(A) IN GENERAL.—Each State that has a

13 loan fund is authorized to expend from the an14 nual capitalization grant of the State an

15 amount, determined pursuant to this para16 graph, to carry out the public water system su17 pervision program under section 1443(a) and

18 to—

19 ‘‘(i) administer, or provide technical

20 assistance through, source water quality

21 protection programs, including a partner22 ship program under section 1419; and

23 ‘‘(ii) develop and implement a capac24 ity development strategy under section

25 1418(c) in the State.
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1 ‘‘(B) LIMITATION.—Amounts expended by

2 a State pursuant to this paragraph for any fis3 cal year may not exceed an amount that is

4 equal to the amount of the grant funds avail5 able to the State for that fiscal year under sec6 tion 1443(a).

7 ‘‘(C) STATE FUNDS.—For any fiscal year,

8 funds may not be expended pursuant to this

9 paragraph unless the Administrator determines

10 that the amount of State funds made available

11 to carry out the public water system supervision

12 program under section 1443(a) for the fiscal

13 year is not less than the amount of State funds

14 made available to carry out the program for fis15 cal year 1993.

16 ‘‘(b) INTENDED USE PLANS.—

17 ‘‘(1) IN GENERAL.—After providing for public

18 review and comment, each State that has entered

19 into a capitalization agreement pursuant to this part

20 shall annually prepare a plan that identifies the in21 tended uses of the amounts available to the State

22 loan fund of the State.

23 ‘‘(2) CONTENTS.—An intended use plan shall

24 include—
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1 ‘‘(A) a list of the projects to be assisted in

2 the first fiscal year that begins after the date

3 of the plan, including a description of the

4 project, the expected terms of financial assist5 ance, and the size of the community served;

6 ‘‘(B) the criteria and methods established

7 for the distribution of funds; and

8 ‘‘(C) a description of the financial status of

9 the State loan fund and the short-term and

10 long-term goals of the State loan fund.

11 ‘‘(3) USE OF FUNDS.—

12 ‘‘(A) IN GENERAL.—An intended use plan

13 shall provide, to the maximum extent prac14 ticable, that priority for the use of funds be

15 given to projects that—

16 ‘‘(i) address the most serious risk to

17 human health;

18 ‘‘(ii) are necessary to ensure compli19 ance with the requirements of this title (in20 cluding requirements for filtration); and

21 ‘‘(iii) assist systems most in need on

22 a per household basis according to State

23 affordability criteria.

24 ‘‘(B) LIST OF PROJECTS.—Each State

25 shall, after notice and opportunity for public
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1 comment, publish and periodically update a list

2 of projects in the State that are eligible for as3 sistance under this part, including the priority

4 assigned to each project and, to the extent

5 known, the expected funding schedule for each

6 project.

7 ‘‘STATE LOAN FUND MANAGEMENT

8 ‘‘SEC. 1475. (a) IN GENERAL.—Not later than 1 year

9 after the date of enactment of this part, and annually

10 thereafter, the Administrator shall conduct such reviews

11 and audits as the Administrator considers appropriate, or

12 require each State to have the reviews and audits inde13 pendently conducted, in accordance with the single audit

14 requirements of chapter 75 of title 31, United States

15 Code.

16 ‘‘(b) STATE REPORTS.—Not later than 2 years after

17 the date of enactment of this part, and every 2 years

18 thereafter, each State that administers a State loan fund

19 shall publish and submit to the Administrator a report on

20 the activities of the State under this part, including the

21 findings of the most recent audit of the State loan fund.

22 ‘‘(c) DRINKING WATER NEEDS SURVEY AND ASSESS23 MENT.—Not later than 1 year after the date of enactment

24 of this part, and every 4 years thereafter, the Adminis25 trator shall submit to Congress a survey and assessment

26 of the needs for facilities in each State eligible for assist-
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1 ance under this part (including, in the case of the State

2 of Alaska, the needs of Native villages (as defined in sec3 tion 3(c) of the Alaska Native Claims Settlement Act (43

4 U.S.C. 1602 (c))). The survey and assessment conducted

5 pursuant to this subsection shall—

6 ‘‘(1) identify, by State, the needs for projects or

7 facilities owned or controlled by community water

8 systems eligible for assistance under this part on the

9 date of the assessment (other than refinancing for a

10 project pursuant to section 1473(d)(2));

11 ‘‘(2) estimate the needs for eligible facilities

12 over the 20-year period following the date of the as13 sessment;

14 ‘‘(3) identify, by size category, the population

15 served by public water systems with needs identified

16 pursuant to paragraph (1); and

17 ‘‘(4) include such other information as the Ad18 ministrator determines to be appropriate.

19 ‘‘(d) EVALUATION.—The Administrator shall conduct

20 an evaluation of the effectiveness of the State loan funds

21 through fiscal year 1999. The evaluation shall be submit22 ted to Congress at the same time as the President submits

23 to Congress, pursuant to section 1108 of title 31, United

24 States Code, an appropriations request for fiscal year
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1 2001 relating to the budget of the Environmental Protec2 tion Agency.

3 ‘‘ENFORCEMENT

4 ‘‘SEC. 1476. The failure or inability of any public

5 water system to receive funds under this part or any other

6 loan or grant program, or any delay in obtaining the

7 funds, shall not alter the obligation of the system to com8 ply in a timely manner with all applicable drinking water

9 standards and requirements of this title.

10 ‘‘REGULATIONS AND GUIDANCE

11 ‘‘SEC. 1477. The Administrator shall publish such

12 guidance and promulgate such regulations as are nec13 essary to carry out this part, including guidance and regu14 lations to ensure that—

15 ‘‘(1) each State commits and expends funds

16 from the State loan fund in accordance with the re17 quirements of this part and applicable Federal and

18 State laws; and

19 ‘‘(2) the States and eligible public water sys20 tems that receive funds under this part use account21 ing procedures that conform to generally accepted

22 accounting principles, auditing procedures that con23 form to chapter 75 of title 31, United States Code

24 (commonly known as the ‘Single Audit Act of

25 1984’), and such fiscal procedures as the Adminis26 trator may prescribe.
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1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 1478. (a) GENERAL AUTHORIZATION.—There

3 are authorized to be appropriated to the Environmental

4 Protection Agency to carry out this part $600,000,000 for

5 fiscal year 1994 and $1,000,000,000 for each of fiscal

6 years 1995 through 2003.

7 ‘‘(b) HEALTH EFFECTS RESEARCH.—From funds

8 appropriated pursuant to this section for each fiscal year,

9 the Administrator shall reserve $10,000,000 for health ef10 fects research on drinking water contaminants authorized

11 by section 1442. In allocating funds made available under

12 this subsection, the Administrator shall give priority to re13 search concerning the health effects of cryptosporidium,

14 disinfection byproducts, and arsenic, and the implementa15 tion of a research plan for subpopulations at greater risk

16 of adverse effects pursuant to section 1442(l).

17 ‘‘(c) MONITORING FOR UNREGULATED CONTAMI18 NANTS.—From funds appropriated pursuant to this sec19 tion for each fiscal year beginning with fiscal year 1997,

20 the Administrator shall reserve $2,000,000 to pay the

21 costs of monitoring for unregulated contaminants under

22 section 1445(a)(2)(D).

23 ‘‘(d) SMALL SYSTEM TECHNICAL ASSISTANCE.—

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

25 from funds appropriated pursuant to this section for
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1 each fiscal year for which the appropriation made

2 pursuant to subsection (a) exceeds $800,000,000,

3 the Administrator shall reserve to carry out section

4 1442(g) an amount that is equal to any amount by

5 which the amount made available to carry out sec6 tion 1442(g) is less than the amount referred to in

7 the third sentence of section 1442(g).

8 ‘‘(2) MAXIMUM AMOUNT.—For each fiscal year,

9 the amount reserved under paragraph (1) shall be

10 not greater than an amount equal to the lesser of—

11 ‘‘(A) 2 percent of the funds appropriated

12 pursuant to this section for the fiscal year; or

13 ‘‘(B) $10,000,000.’’.

14 SEC. 4. SELECTION OF CONTAMINANTS; SCHEDULE.

15 (a) STANDARDS.—Section 1412(b) (42 U.S.C. 300g–

16 1(b)) is amended by striking ‘‘(b)(1)’’ and all that follows

17 through the end of paragraph (3) and inserting the follow18 ing:

19 ‘‘(b) STANDARDS.—

20 ‘‘(1) IDENTIFICATION OF CONTAMINANTS FOR

21 LISTING.—

22 ‘‘(A) GENERAL AUTHORITY.—The Admin23 istrator shall publish a maximum contaminant

24 level goal and promulgate a national primary

25 drinking water regulation for each contaminant
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1 (other than a contaminant referred to in para2 graph (2) for which a national primary drinking

3 water regulation has been promulgated as of

4 the date of enactment of the Safe Drinking

5 Water Act Amendments of 1995) if the Admin6 istrator determines, based on adequate data

7 and appropriate peer-reviewed scientific infor8 mation and an assessment of health risks, con9 ducted in accordance with sound and objective

10 scientific practices, that—

11 ‘‘(i) the contaminant may have an ad12 verse effect on the health of persons; and

13 ‘‘(ii) the contaminant is known to

14 occur or there is a substantial likelihood

15 that the contaminant will occur in public

16 water systems with a frequency and at lev17 els of public health concern.

18 ‘‘(B) SELECTION AND LISTING OF CON19 TAMINANTS FOR CONSIDERATION.—

20 ‘‘(i) IN GENERAL.—Not later than

21 July 1, 1997, the Administrator (after con22 sultation with the Secretary of Health and

23 Human Services) shall publish and periodi24 cally, but not less often than every 5 years,

25 update a list of contaminants that are
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1 known or anticipated to occur in drinking

2 water provided by public water systems

3 and that may warrant regulation under

4 this title.

5 ‘‘(ii) RESEARCH AND STUDY PLAN.—

6 At such time as a list is published under

7 clause (i), the Administrator shall describe

8 available and needed information and re9 search with respect to—

10 ‘‘(I) the health effects of the con11 taminants;

12 ‘‘(II) the occurrence of the con13 taminants in drinking water; and

14 ‘‘(III) treatment techniques and

15 other means that may be feasible to

16 control the contaminants.

17 ‘‘(iii) COMMENT.—The Administrator

18 shall seek comment on each list and any

19 research plan that is published from offi20 cials of State and local governments, oper21 ators of public water systems, the scientific

22 community, and the general public.

23 ‘‘(C) DETERMINATION.—

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clause (ii), not later than July 1,
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1 2001, and every 5 years thereafter, the

2 Administrator shall take one of the follow3 ing actions for not fewer than 5 contami4 nants:

5 ‘‘(I) Publish a determination that

6 information available to the Adminis7 trator does not warrant the issuance

8 of a national primary drinking water

9 regulation.

10 ‘‘(II) Publish a determination

11 that a national primary drinking

12 water regulation is warranted based

13 on information available to the Ad14 ministrator, and proceed to propose a

15 maximum contaminant level goal and

16 national primary drinking water regu17 lation not later than 2 years after the

18 date of publication of the determina19 tion.

20 ‘‘(III) Propose a maximum con21 taminant level goal and national pri22 mary drinking water regulation.

23 ‘‘(ii) INSUFFICIENT INFORMATION.—

24 If the Administrator determines that avail25 able information is insufficient to make a
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1 determination for a contaminant under

2 clause (i), the Administrator may publish a

3 determination to continue to study the con4 taminant. Not later than 5 years after the

5 Administrator determines that further

6 study is necessary for a contaminant pur7 suant to this clause, the Administrator

8 shall make a determination under clause

9 (i).

10 ‘‘(iii) ASSESSMENT.—The determina11 tions under clause (i) shall be based on an

12 assessment of—

13 ‘‘(I) the available scientific

14 knowledge that is consistent with the

15 requirements of paragraph (3)(A) and

16 useful in determining the nature and

17 extent of adverse effects on the health

18 of persons that may occur due to the

19 presence of the contaminant in drink20 ing water;

21 ‘‘(II) information on the occur22 rence of the contaminant in drinking

23 water; and

24 ‘‘(III) the treatment technologies,

25 treatment techniques, or other means
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1 that may be feasible in reducing the

2 contaminant in drinking water pro3 vided by public water systems.

4 ‘‘(iv) PRIORITIES.—In making deter5 minations under this subparagraph, the

6 Administrator shall give priority to those

7 contaminants not currently regulated that

8 are associated with the most serious ad9 verse health effects and that present the

10 greatest potential risk to the health of per11 sons due to the presence of the contami12 nant in drinking water provided by public

13 water systems.

14 ‘‘(v) REVIEW.—Each document set15 ting forth the determination for a contami16 nant under clause (i) shall be available for

17 public comment at such time as the deter18 mination is published.

19 ‘‘(vi) JUDICIAL REVIEW.—Determina20 tions made by the Administrator pursuant

21 to clause (i)(I) shall be considered final

22 agency actions for the purposes of section

23 1448. No determination under clause (i)(I)

24 shall be set aside by a court pursuant to

25 a review authorized under that section, un-
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1 less the court finds that the determination

2 is arbitrary and capricious.

3 ‘‘(D) URGENT THREATS TO PUBLIC

4 HEALTH.—The Administrator may promulgate

5 an interim national primary drinking water reg6 ulation for a contaminant without listing the

7 contaminant under subparagraph (B) or pub8 lishing a determination for the contaminant

9 under subparagraph (C) to address an urgent

10 threat to public health as determined by the

11 Administrator after consultation with and writ12 ten response to any comments provided by the

13 Secretary of Health and Human Services, act14 ing through the director of the Centers for Dis15 ease Control and Prevention or the director of

16 the National Institutes of Health. A determina17 tion for any contaminant in accordance with

18 subparagraph (C) subject to an interim regula19 tion under this subparagraph shall be issued

20 not later than 3 years after the date on which

21 the regulation is promulgated and the regula22 tion shall be repromulgated, or revised if appro23 priate, not later than 5 years after that date.

24 ‘‘(E) MONITORING DATA AND OTHER IN25 FORMATION.—The Administrator may require,
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1 in accordance with section 1445(a)(2), the sub2 mission of monitoring data and other informa3 tion necessary for the development of studies,

4 research plans, or national primary drinking

5 water regulations.

6 ‘‘(2) SCHEDULES AND DEADLINES.—

7 ‘‘(A) IN GENERAL.—In the case of the con8 taminants listed in the Advance Notice of Pro9 posed Rulemaking published in volume 47, Fed10 eral Register, page 9352, and in volume 48,

11 Federal Register, page 45502, the Adminis12 trator shall publish maximum contaminant level

13 goals and promulgate national primary drinking

14 water regulations—

15 ‘‘(i) not later than 1 year after June

16 19, 1986, for not fewer than 9 of the listed

17 contaminants;

18 ‘‘(ii) not later than 2 years after June

19 19, 1986, for not fewer than 40 of the list20 ed contaminants; and

21 ‘‘(iii) not later than 3 years after

22 June 19, 1986, for the remainder of the

23 listed contaminants.

24 ‘‘(B) SUBSTITUTION OF CONTAMINANTS.—

25 If the Administrator identifies a drinking water
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1 contaminant the regulation of which, in the

2 judgment of the Administrator, is more likely to

3 be protective of public health (taking into ac4 count the schedule for regulation under sub5 paragraph (A)) than a contaminant referred to

6 in subparagraph (A), the Administrator may

7 publish a maximum contaminant level goal and

8 promulgate a national primary drinking water

9 regulation for the identified contaminant in lieu

10 of regulating the contaminant referred to in

11 subparagraph (A). Substitutions may be made

12 for not more than 7 contaminants referred to

13 in subparagraph (A). Regulation of a contami14 nant identified under this subparagraph shall

15 be in accordance with the schedule applicable

16 to the contaminant for which the substitution

17 is made.

18 ‘‘(C) DISINFECTANTS AND DISINFECTION

19 BYPRODUCTS.—

20 ‘‘(i) INFORMATION COLLECTION

21 RULE.—

22 ‘‘(I) IN GENERAL.—Not later

23 than December 31, 1995, the Admin24 istrator shall, after notice and oppor25 tunity for public comment, promulgate
40

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1 an information collection rule to ob2 tain information that will facilitate

3 further revisions to the national pri4 mary drinking water regulation for

5 disinfectants and disinfection byprod6 ucts, including information on micro7 bial contaminants such as

8 cryptosporidium.

9 ‘‘(II) EXTENSION.—The Admin10 istrator may extend the deadline

11 under subclause (I) for up to 180

12 days if the Administrator determines

13 that progress toward approval of an

14 appropriate analytical method to

15 screen for cryptosporidium is suffi16 ciently advanced and approval is likely

17 to be completed within the additional

18 time period.

19 ‘‘(ii) ADDITIONAL DEADLINES.—The

20 time intervals between promulgation of a

21 final information collection rule, an In22 terim Enhanced Surface Water Treatment

23 Rule, a Final Enhanced Surface Water

24 Treatment Rule, a Stage I Disinfectants

25 and Disinfection Byproducts Rule, and a
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1 Stage II Disinfectants and Disinfection

2 Byproducts Rule shall be in accordance

3 with the schedule published in volume 59,

4 Federal Register, page 6361 (February 10,

5 1994), in table III.13 of the proposed In6 formation Collection Rule. If a delay oc7 curs with respect to the promulgation of

8 any rule in the timetable established by

9 this subparagraph, all subsequent rules

10 shall be completed as expeditiously as prac11 ticable subject to agreement by all the par12 ties to the negotiated rulemaking, but no

13 later than a revised date that reflects the

14 interval or intervals for the rules in the

15 timetable.

16 ‘‘(D) PRIOR REQUIREMENTS.—The re17 quirements of subparagraphs (C) and (D) of

18 section 1412(b)(3) (as in effect before the

19 amendment made by section 4(a) of the Safe

20 Drinking Water Act Amendments of 1995), and

21 any obligation to promulgate regulations pursu22 ant to such subparagraphs not promulgated as

23 of the date of enactment of the Safe Drinking

24 Water Act Amendments of 1995, are super25 seded by this paragraph and paragraph (1).’’.
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1 (b) CONFORMING AMENDMENTS.—

2 (1) Section 1412(a)(3) (42 U.S.C. 300g–

3 1(a)(3)) is amended by striking ‘‘paragraph (1), (2),

4 or (3) of subsection (b)’’ each place it appears and

5 inserting ‘‘paragraph (1) or (2) of subsection (b)’’.

6 (2) Section 1415(d) (42 U.S.C. 300g–4(d)) is

7 amended by striking ‘‘section 1412(b)(3)’’ and in8 serting ‘‘section 1412(b)(7)(A)’’.

9 SEC. 5. RISK ASSESSMENT, MANAGEMENT, AND COMMU10 NICATION.

11 Section 1412(b) (42 U.S.C. 300g–1(b)) (as amended

12 by section 4) is further amended by inserting after para13 graph (2) the following:

14 ‘‘(3) RISK ASSESSMENT, MANAGEMENT AND

15 COMMUNICATION.—

16 ‘‘(A) USE OF SCIENCE IN DECISIONMAK17 ING.—In carrying out this section, and, to the

18 degree that an Agency action is based on

19 science in carrying out this title, the Adminis20 trator shall use—

21 ‘‘(i) the best available, peer-reviewed

22 science and supporting studies conducted

23 in accordance with sound and objective sci24 entific practices; and
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1 ‘‘(ii) data collected by accepted meth2 ods or best available methods (if the reli3 ability of the method and the nature of the

4 decision justifies use of the data).

5 ‘‘(B) PUBLIC INFORMATION.—In carrying

6 out this section, the Administrator shall ensure

7 that the presentation of information on public

8 health effects is comprehensive, informative and

9 understandable. The Administrator shall, in a

10 document made available to the public in sup11 port of a regulation promulgated under this sec12 tion, specify, to the extent practicable—

13 ‘‘(i) each population addressed by any

14 estimate of public health effects;

15 ‘‘(ii) the expected risk or central esti16 mate of risk for the specific populations;

17 ‘‘(iii) each appropriate upper-bound or

18 lower-bound estimate of risk;

19 ‘‘(iv) each uncertainty identified in the

20 process of the assessment of public health

21 effects and research that would assist in

22 resolving the uncertainty; and

23 ‘‘(v) peer-reviewed studies known to

24 the Administrator that support, are di25 rectly relevant to, or fail to support any es-
44

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1 timate of public health effects and the

2 methodology used to reconcile inconsist3 encies in the scientific data.

4 ‘‘(C) HEALTH RISK REDUCTION AND COST

5 ANALYSIS.—

6 ‘‘(i) MAXIMUM CONTAMINANT LEV7 ELS.—Not later than 90 days prior to pro8 posing any national primary drinking

9 water regulation that includes a maximum

10 contaminant level, the Administrator shall,

11 with respect to a maximum contaminant

12 level that would be considered in accord13 ance with paragraph (4) in a proposed reg14 ulation and each alternative maximum con15 taminant level that would be considered in

16 a proposed regulation pursuant to para17 graph (5) or (6)(A), publish, seek public

18 comment on, and use for the purposes of

19 paragraphs (4), (5), and (6) an analysis

20 of—

21 ‘‘(I) the health risk reduction

22 benefits (including non-quantifiable

23 health benefits identified and de24 scribed by the Administrator, except

25 that such benefits shall not be used by
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1 the Administrator for purposes of de2 termining whether a maximum con3 taminant level is or is not justified

4 unless there is a factual basis in the

5 rulemaking record to conclude that

6 such benefits are likely to occur) ex7 pected as the result of treatment to

8 comply with each level;

9 ‘‘(II) the health risk reduction

10 benefits (including non-quantifiable

11 health benefits identified and de12 scribed by the Administrator, except

13 that such benefits shall not be used by

14 the Administrator for purposes of de15 termining whether a maximum con16 taminant level is or is not justified

17 unless there is a factual basis in the

18 rulemaking record to conclude that

19 such benefits are likely to occur) ex20 pected from reductions in co-occurring

21 contaminants that may be attributed

22 solely to compliance with the maxi23 mum contaminant level, excluding

24 benefits resulting from compliance
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1 with other proposed or promulgated

2 regulations;

3 ‘‘(III) the costs (including non4 quantifiable costs identified and de5 scribed by the Administrator, except

6 that such costs shall not be used by

7 the Administrator for purposes of de8 termining whether a maximum con9 taminant level is or is not justified

10 unless there is a factual basis in the

11 rulemaking record to conclude that

12 such costs are likely to occur) ex13 pected solely as a result of compliance

14 with the maximum contaminant level,

15 including monitoring, treatment, and

16 other costs and excluding costs result17 ing from compliance with other pro18 posed or promulgated regulations;

19 ‘‘(IV) the incremental costs and

20 benefits associated with each alter21 native maximum contaminant level

22 considered;

23 ‘‘(V) the effects of the contami24 nant on the general population and on

25 groups within the general population
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1 such as infants, children, pregnant

2 women, the elderly, individuals with a

3 history of serious illness, or other sub4 populations that are identified as like5 ly to be at greater risk of adverse

6 health effects due to exposure to con7 taminants in drinking water than the

8 general population;

9 ‘‘(VI) any increased health risk

10 that may occur as the result of com11 pliance, including risks associated

12 with co-occurring contaminants; and

13 ‘‘(VII) other relevant factors, in14 cluding the quality and extent of the

15 information, the uncertainties in the

16 analysis supporting subclauses (I)

17 through (VI), and factors with respect

18 to the degree and nature of the risk.

19 ‘‘(ii) TREATMENT TECHNIQUES.—Not

20 later than 90 days prior to proposing a na21 tional primary drinking water regulation

22 that includes a treatment technique in ac23 cordance with paragraph (7)(A), the Ad24 ministrator shall publish and seek public

25 comment on an analysis of the health risk
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1 reduction benefits and costs likely to be ex2 perienced as the result of compliance with

3 the treatment technique and alternative

4 treatment techniques that would be consid5 ered in a proposed regulation, taking into

6 account, as appropriate, the factors de7 scribed in clause (i).

8 ‘‘(iii) APPROACHES TO MEASURE AND

9 VALUE BENEFITS.—The Administrator

10 may identify valid approaches for the

11 measurement and valuation of benefits

12 under this subparagraph, including ap13 proaches to identify consumer willingness

14 to pay for reductions in health risks from

15 drinking water contaminants.

16 ‘‘(iv) FORM OF NOTICE.—Whenever a

17 national primary drinking water regulation

18 is expected to result in compliance costs

19 greater than $75,000,000 per year, the

20 Administrator shall provide the notice re21 quired by clause (i) or (ii) through an ad22 vanced notice of proposed rulemaking.

23 ‘‘(v) AUTHORIZATION.—There are au24 thorized to be appropriated to the Admin25 istrator, acting through the Office of
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1 Ground Water and Drinking Water, to

2 conduct studies, assessments, and analyses

3 in support of regulations or the develop4 ment of methods, $35,000,000 for each of

5 fiscal years 1996 through 2003.’’.

6 SEC. 6. STANDARD-SETTING; REVIEW OF STANDARDS.

7 (a) IN GENERAL.—Section 1412(b) (42 U.S.C.

8 300g–1(b)) is amended—

9 (1) in paragraph (4)—

10 (A) by striking ‘‘(4) Each’’ and inserting

11 the following:

12 ‘‘(4) GOALS AND STANDARDS.—

13 ‘‘(A) MAXIMUM CONTAMINANT LEVEL

14 GOALS.—Each’’;

15 (B) in subparagraph (A) (as so des16 ignated), by inserting after the first sentence

17 the following: ‘‘The maximum contaminant level

18 goal for contaminants that are known or likely

19 to cause cancer in humans may be set at a level

20 other than zero, if the Administrator deter21 mines, based on the best available, peer-re22 viewed science, that there is a threshold level

23 below which there is unlikely to be any increase

24 in cancer risk and the Administrator sets the
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1 maximum contaminant level goal at that level

2 with an adequate margin of safety.’’;

3 (C) in the last sentence—

4 (i) by striking ‘‘Each national’’ and

5 inserting the following:

6 ‘‘(B) MAXIMUM CONTAMINANT LEVELS.—

7 Except as provided in paragraphs (5) and (6),

8 each national’’; and

9 (ii) by striking ‘‘maximum level’’ and

10 inserting ‘‘maximum contaminant level’’;

11 and

12 (D) by adding at the end the following:

13 ‘‘(C) DETERMINATION.—At the time the

14 Administrator proposes a national primary

15 drinking water regulation under this paragraph,

16 the Administrator shall publish a determination

17 as to whether the benefits of the maximum con18 taminant level justify, or do not justify, the

19 costs based on the analysis conducted under

20 paragraph (3)(C).’’;

21 (2) by striking ‘‘(5) For the’’ and inserting the

22 following:

23 ‘‘(D) DEFINITION OF FEASIBLE.—For

24 the’’;
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1 (3) in the second sentence of paragraph (4)(D)

2 (as so designated), by striking ‘‘paragraph (4)’’ and

3 inserting ‘‘this paragraph’’;

4 (4) by striking ‘‘(6) Each national’’ and insert5 ing the following:

6 ‘‘(E) FEASIBLE TECHNOLOGIES.—Each

7 national’’;

8 (5) in paragraph (4)(E) (as so designated), by

9 striking ‘‘this paragraph’’ and inserting ‘‘this sub10 section’’; and

11 (6) by inserting after paragraph (4) (as so

12 amended) the following:

13 ‘‘(5) ADDITIONAL HEALTH RISK CONSIDER14 ATIONS.—

15 ‘‘(A) IN GENERAL.—Notwithstanding para16 graph (4), the Administrator may establish a

17 maximum contaminant level for a contaminant

18 at a level other than the feasible level, if the

19 technology, treatment techniques, and other

20 means used to determine the feasible level

21 would result in an increase in the health risk

22 from drinking water by—

23 ‘‘(i) increasing the concentration of

24 other contaminants in drinking water; or
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1 ‘‘(ii) interfering with the efficacy of

2 drinking water treatment techniques or

3 processes that are used to comply with

4 other national primary drinking water reg5 ulations.

6 ‘‘(B) ESTABLISHMENT OF LEVEL.—If the

7 Administrator establishes a maximum contami8 nant level or levels or requires the use of treat9 ment techniques for any contaminant or con10 taminants pursuant to the authority of this

11 paragraph—

12 ‘‘(i) the level or levels or treatment

13 techniques shall minimize the overall risk

14 of adverse health effects by balancing the

15 risk from the contaminant and the risk

16 from other contaminants the concentra17 tions of which may be affected by the use

18 of a treatment technique or process that

19 would be employed to attain the maximum

20 contaminant level or levels; and

21 ‘‘(ii) the combination of technology,

22 treatment techniques, or other means re23 quired to meet the level or levels shall not

24 be more stringent than is feasible (as de25 fined in paragraph (4)(D)).
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1 ‘‘(6) ADDITIONAL HEALTH RISK REDUCTION

2 AND COST CONSIDERATIONS.—

3 ‘‘(A) IN GENERAL.—Notwithstanding para4 graph (4), if the Administrator determines

5 based on an analysis conducted under para6 graph (3)(C) that the benefits of a maximum

7 contaminant level promulgated in accordance

8 with paragraph (4) would not justify the costs

9 of complying with the level, the Administrator

10 may, after notice and opportunity for public

11 comment, promulgate a maximum contaminant

12 level for the contaminant that maximizes health

13 risk reduction benefits at a cost that is justified

14 by the benefits.

15 ‘‘(B) EXCEPTION.—The Administrator

16 shall not use the authority of this paragraph to

17 promulgate a maximum contaminant level for a

18 contaminant, if the benefits of compliance with

19 a national primary drinking water regulation

20 for the contaminant that would be promulgated

21 in accordance with paragraph (4) experienced

22 by—

23 ‘‘(i) persons served by large public

24 water systems; and
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1 ‘‘(ii) persons served by such other sys2 tems as are unlikely, based on information

3 provided by the States, to receive a vari4 ance under section 1415(e);

5 would justify the costs to the systems of com6 plying with the regulation. This subparagraph

7 shall not apply if the contaminant is found al8 most exclusively in small systems (as defined in

9 section 1415(e)).

10 ‘‘(C) DISINFECTANTS AND DISINFECTION

11 BYPRODUCTS.—The Administrator may not use

12 the authority of this paragraph to establish a

13 maximum contaminant level in a Stage I or

14 Stage II national primary drinking water regu15 lation for contaminants that are disinfectants

16 or disinfection byproducts (as described in para17 graph (2)), or to establish a maximum contami18 nant level or treatment technique requirement

19 for the control of cryptosporidium. The author20 ity of this paragraph may be used to establish

21 regulations for the use of disinfection by sys22 tems relying on ground water sources as re23 quired by paragraph (8).

24 ‘‘(D) JUDICIAL REVIEW.—A determination

25 by the Administrator that the benefits of a
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1 maximum contaminant level or treatment re2 quirement justify or do not justify the costs of

3 complying with the level shall be reviewed by

4 the court pursuant to section 1448 only as part

5 of a review of a final national primary drinking

6 water regulation that has been promulgated

7 based on the determination and shall not be set

8 aside by the court under that section, unless the

9 court finds that the determination is arbitrary

10 and capricious.’’.

11 (b) DISINFECTANTS AND DISINFECTION BYPROD12 UCTS.—The Administrator of the Environmental Protec13 tion Agency may use the authority of section 1412(b)(5)

14 of the Public Health Service Act (as amended by sub15 section (a)) to promulgate the Stage I rulemaking for dis16 infectants and disinfection byproducts as proposed in vol17 ume 59, Federal Register, page 38668 (July 29, 1994).

18 Unless new information warrants a modification of the

19 proposal as provided for in the ‘‘Disinfection and Disinfec20 tion Byproducts Negotiated Rulemaking Committee

21 Agreement’’, nothing in such section shall be construed

22 to require the Administrator to modify the provisions of

23 the rulemaking as proposed.
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1 (c) REVIEW OF STANDARDS.—Section 1412(b) (42

2 U.S.C. 300g–1(b)) is amended by striking paragraph (9)

3 and inserting the following:

4 ‘‘(9) REVIEW AND REVISION.—The Adminis5 trator shall, not less often than every 6 years, review

6 and revise, as appropriate, each national primary

7 drinking water regulation promulgated under this

8 title. Any revision of a national primary drinking

9 water regulation shall be promulgated in accordance

10 with this section, except that each revision shall

11 maintain or provide for greater protection of the

12 health of persons.’’.

13 SEC. 7. ARSENIC.

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

15 by adding at the end the following:

16 ‘‘(12) ARSENIC.—

17 ‘‘(A) SCHEDULE AND STANDARD.—Not18 withstanding paragraph (2), the Administrator

19 shall promulgate a national primary drinking

20 water regulation for arsenic in accordance with

21 the schedule established by this paragraph and

22 pursuant to this subsection.

23 ‘‘(B) RESEARCH PLAN.—Not later than

24 180 days after the date of enactment of this

25 paragraph, the Administrator shall develop a
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1 comprehensive plan for research in support of

2 drinking water rulemaking to reduce the uncer3 tainty in assessing health risks associated with

4 exposure to low levels of arsenic. The Adminis5 trator shall consult with the Science Advisory

6 Board established by section 8 of the Environ7 mental Research, Development, and Dem8 onstration Act of 1978 (42 U.S.C. 4365), other

9 Federal agencies, and interested public and pri10 vate entities.

11 ‘‘(C) RESEARCH PROJECTS.—The Admin12 istrator shall carry out the research plan, tak13 ing care to avoid duplication of other research

14 in progress. The Administrator may enter into

15 cooperative research agreements with other

16 Federal agencies, State and local governments,

17 and other interested public and private entities

18 to carry out the research plan.

‘‘(D) ASSESSMENT.—Not later than 31 19 ⁄2

20 years after the date of enactment of this para21 graph, the Administrator shall review the

22 progress of the research to determine whether

23 the health risks associated with exposure to low

24 levels of arsenic are sufficiently well understood

25 to proceed with a national primary drinking
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1 water regulation. The Administrator shall con2 sult with the Science Advisory Board, other

3 Federal agencies, and other interested public

4 and private entities as part of the review.

5 ‘‘(E) PROPOSED REGULATION.—The Ad6 ministrator shall propose a national primary

7 drinking water regulation for arsenic not later

8 than January 1, 2000.

9 ‘‘(F) FINAL REGULATION.—Not later than

10 January 1, 2001, after notice and opportunity

11 for public comment, the Administrator shall

12 promulgate a national primary drinking water

13 regulation for arsenic.’’.

14 SEC. 8. RADON.

15 Section 1412(b) (42 U.S.C. 300g–1(b)) (as amended

16 by section 7) is further amended by adding at the end

17 the following:

18 ‘‘(13) RADON IN DRINKING WATER.—

19 ‘‘(A) REGULATION.—Notwithstanding

20 paragraph (2), not later than 180 days after

21 the date of enactment of this paragraph, the

22 Administrator shall promulgate a national pri23 mary drinking water regulation for radon.

24 ‘‘(B) MAXIMUM CONTAMINANT LEVEL.—

25 Notwithstanding any other provision of law, the
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1 regulation shall provide for a maximum con2 taminant level for radon of 3,000 picocuries per

3 liter.

4 ‘‘(C) REVISION.—

5 ‘‘(i) IN GENERAL.—Subject to clause

6 (ii), a revision to the regulation promul7 gated under subparagraph (A) may be

8 made pursuant to this subsection. The re9 vision may include a maximum contami10 nant level less stringent than 3,000

11 picocuries per liter as provided in para12 graphs (4) and (9) or a maximum contami13 nant level more stringent than 3,000

14 picocuries per liter as provided in clause

15 (ii).

16 ‘‘(ii) MAXIMUM CONTAMINANT

17 LEVEL.—

18 ‘‘(I) CRITERIA FOR REVISION.—

19 The Administrator shall not revise the

20 maximum contaminant level for radon

21 to a more stringent level than the

22 level established under subparagraph

23 (B) unless—

24 ‘‘(aa) the revision is made to

25 reflect consideration of risks from
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1 the ingestion of radon in drinking

2 water and episodic uses of drink3 ing water;

4 ‘‘(bb) the revision is sup5 ported by peer-reviewed scientific

6 studies conducted in accordance

7 with sound and objective sci8 entific practices; and

9 ‘‘(cc) based on the studies,

10 the National Academy of

11 Sciences and the Science Advi12 sory Board, established by sec13 tion 8 of the Environmental Re14 search, Development, and Dem15 onstration Act of 1978 (42

16 U.S.C. 4365), consider a revision

17 of the maximum contaminant

18 level to be appropriate.

19 ‘‘(II) AMOUNT OF REVISION.—If

20 the Administrator determines to revise

21 the maximum contaminant level for

22 radon in accordance with subclause

23 (I), the maximum contaminant level

24 shall be revised to a level that is no

25 more stringent than is necessary to
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1 reduce risks to human health from

2 radon in drinking water to a level that

3 is equivalent to risks to human health

4 from radon in outdoor air based on

5 the national average concentration of

6 radon in outdoor air.’’.

7 SEC. 9. SULFATE.

8 Section 1412(b) (42 U.S.C. 300g–1(b)) (as amended

9 by section 8) is further amended by adding at the end

10 the following:

11 ‘‘(14) SULFATE.—

12 ‘‘(A) ADDITIONAL RESEARCH.—Prior to

13 promulgating a national primary drinking water

14 regulation for sulfate the Administrator and the

15 Director of the Centers for Disease Control

16 shall jointly conduct additional research to es17 tablish a reliable dose-response relationship for

18 the adverse health effects that may result from

19 exposure to sulfate in drinking water, including

20 the health effects that may be experienced by

21 groups within the general population (including

22 infants and travelers) that are potentially at

23 greater risk of adverse health effects as the re24 sult of such exposure. The research shall be

25 conducted in consultation with interested
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1 States, shall be based on the best available,

2 peer-reviewed science and supporting studies

3 conducted in accordance with sound and objec4 tive scientific practices and shall be completed

5 not later than 30 months after the date of en6 actment of this paragraph.

7 ‘‘(B) PROPOSED AND FINAL RULE.—Prior

8 to promulgating a national primary drinking

9 water regulation for sulfate and after consulta10 tion with interested States, the Administrator

11 shall publish a notice of proposed rulemaking

12 that shall supersede the proposal published in

13 December, 1994. For purposes of the proposed

14 and final rule, the Administrator may specify in

15 the regulation requirements for public notifica16 tion and options for the provision of alternative

17 water supplies to populations at risk as a

18 means of complying with the regulation in lieu

19 of a best available treatment technology or

20 other means. The Administrator shall, pursuant

21 to the authorities of this subsection and after

22 notice and opportunity for public comment, pro23 mulgate a final national primary drinking water

24 regulation for sulfate not later than 48 months

25 after the date of enactment of this paragraph.
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1 ‘‘(C) EFFECT ON OTHER LAWS.—

2 ‘‘(i) FEDERAL LAWS.—Notwithstand3 ing part C, section 311 of the Federal

4 Water Pollution Control Act (33 U.S.C.

5 1321), subtitle C or D of the Solid Waste

6 Disposal Act (42 U.S.C. 6921 et seq.), or

7 section 107 or 121(d) of the Comprehen8 sive Environmental Response, Compensa9 tion, and Liability Act of 1980 (42 U.S.C.

10 9607 and 9621(d)), no national primary

11 drinking water regulation for sulfate shall

12 be—

13 ‘‘(I) used as a standard for deter14 mining compliance with any provision

15 of any law other than this subsection;

16 ‘‘(II) used as a standard for de17 termining appropriate cleanup levels

18 or whether cleanup should be under19 taken with respect to any facility or

20 site;

21 ‘‘(III) considered to be an appli22 cable or relevant and appropriate re23 quirement for any such cleanup; or

24 ‘‘(IV) used for the purpose of de25 fining injury to a natural resource;
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1 unless the Administrator, by rule and after

2 notice and opportunity for public comment,

3 determines that the regulation is appro4 priate for a use described in subclause (I),

5 (II), (III), or (IV).

6 ‘‘(ii) STATE LAWS.—This subpara7 graph shall not affect any requirement of

8 State law, including the applicability of

9 any State standard similar to the regula10 tion published under this paragraph as a

11 standard for any cleanup action, compli12 ance action, or natural resource damage

13 action taken pursuant to such a law.’’.

14 SEC. 10. FILTRATION AND DISINFECTION.

15 (a) FILTRATION CRITERIA.—Section

16 1412(b)(7)(C)(i) is amended by adding at the end thereof

17 the following: ‘‘Not later than 18 months after the date

18 of enactment of the Safe Drinking Water Act Amend19 ments of 1995, the Administrator shall amend the criteria

20 issued under this clause to provide that a State exercising

21 primary enforcement responsibility for public water sys22 tems may, on a case-by-case basis, establish treatment re23 quirements as an alternative to filtration in the case of

24 systems having uninhabited, undeveloped watersheds in

25 consolidated ownership, and having control over access to,
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•HR 3038 IH

1 and activities in, those watersheds, if the State determines

2 (and the Administrator concurs) that the quality of the

3 source water and the alternative treatment requirements

4 established by the State ensure significantly greater re5 moval efficiencies of pathogenic organisms for which na6 tional primary drinking water regulations have been pro7 mulgated or that are of public health concern than would

8 be achieved by the combination of filtration and chlorine

9 disinfection (in compliance with this paragraph and para10 graph (8)).’’.

11 (b) FILTRATION TECHNOLOGY FOR SMALL SYS12 TEMS.—Section 1412(b)(7)(C) (42 U.S.C. 300g–

13 1(b)(7)(C)) is amended by adding at the end the following:

14 ‘‘(v) FILTRATION TECHNOLOGY FOR

15 SMALL SYSTEMS.—At the same time as the

16 Administrator proposes an Interim En17 hanced Surface Water Treatment Rule

18 pursuant to paragraph (2)(C)(ii), the Ad19 ministrator shall propose a regulation that

20 describes treatment techniques that meet

21 the requirements for filtration pursuant to

22 this subparagraph and are feasible for

23 community water systems serving a popu24 lation of 3,300 or fewer and noncommunity

25 water systems.’’.
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1 (c) GROUND WATER DISINFECTION.—The first sen2 tence of section 1412(b)(8) (42 U.S.C. 300g–1(b)(8)) is

3 amended—

4 (1) by striking ‘‘Not later than 36 months after

5 the enactment of the Safe Drinking Water Act

6 Amendments of 1986, the Administrator shall pro7 pose and promulgate’’ and inserting ‘‘At any time

8 after the end of the 3-year period that begins on the

9 date of enactment of the Safe Drinking Water Act

10 Amendments of 1995 but not later than the date on

11 which the Administrator promulgates a Stage II

12 rulemaking for disinfectants and disinfection byprod13 ucts (as described in paragraph (2)), the Adminis14 trator shall also promulgate’’; and

15 (2) by striking the period at the end and insert16 ing the following: ‘‘, including surface water systems

17 and, as necessary, ground water systems. After con18 sultation with the States, the Administrator shall (as

19 part of the regulations) promulgate criteria that the

20 Administrator, or a State that has primary enforce21 ment responsibility under section 1413, shall apply

22 to determine whether disinfection shall be required

23 as a treatment technique for any public water sys24 tem served by ground water.’’.
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1 SEC. 11. EFFECTIVE DATE FOR REGULATIONS.

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

3 by striking paragraph (10) and inserting the following:

4 ‘‘(10) EFFECTIVE DATE.—A national primary

5 drinking water regulation promulgated under this

6 section shall take effect on the date that is 3 years

7 after the date on which the regulation is promul8 gated unless the Administrator determines that an

9 earlier date is practicable, except that the Adminis10 trator, or a State in the case of an individual sys11 tem, may allow up to 2 additional years to comply

12 with a maximum contaminant level or treatment

13 technique if the Administrator or State determines

14 that additional time is necessary for capital improve15 ments.’’.

16 SEC. 12. TECHNOLOGY AND TREATMENT TECHNIQUES;

17 TECHNOLOGY CENTERS.

18 (a) SYSTEM TREATMENT TECHNOLOGIES.—Section

19 1412(b) (42 U.S.C. 300g–1(b)) (as amended by section

20 9) is further amended by adding at the end the following:

21 ‘‘(15) SYSTEM TREATMENT TECHNOLOGIES.—

22 ‘‘(A) GUIDANCE OR REGULATIONS.—

23 ‘‘(i) IN GENERAL.—At the same time

24 as the Administrator promulgates a na25 tional primary drinking water regulation

26 pursuant to this section, the Administrator
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1 shall issue guidance or regulations describ2 ing all treatment technologies for the con3 taminant that is the subject of the regula4 tion that are feasible with the use of best

5 technology, treatment techniques, or other

6 means that the Administrator finds, after

7 examination for efficacy under field condi8 tions and not solely under laboratory con9 ditions, are available taking cost into con10 sideration for public water systems serv11 ing—

12 ‘‘(I) a population of 10,000 or

13 fewer but more than 3,300;

14 ‘‘(II) a population of 3,300 or

15 fewer but more than 500; and

16 ‘‘(III) a population of 500 or

17 fewer but more than 25.

18 ‘‘(ii) CONTENTS.—The guidance or

19 regulations shall identify the effectiveness

20 of the technology, the cost of the tech21 nology, and other factors related to the use

22 of the technology, including requirements

23 for the quality of source water to ensure

24 adequate protection of human health, con25 sidering removal efficiencies of the tech-
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1 nology, and installation and operation and

2 maintenance requirements for the tech3 nology.

4 ‘‘(iii) LIMITATION.—The Adminis5 trator shall not issue guidance or regula6 tions for a technology under this para7 graph unless the technology adequately

8 protects human health, considering the ex9 pected useful life of the technology and the

10 source waters available to systems for

11 which the technology is considered to be

12 feasible.

13 ‘‘(B) REGULATIONS AND GUIDANCE.—Not

14 later than 2 years after the date of enactment

15 of this paragraph and after consultation with

16 the States, the Administrator shall issue guid17 ance or regulations under subparagraph (A) for

18 each national primary drinking water regulation

19 promulgated prior to the date of enactment of

20 this paragraph for which a variance may be

21 granted under section 1415(e). The Adminis22 trator may, at any time after a national pri23 mary drinking water regulation has been pro24 mulgated, issue guidance or regulations describ25 ing additional or new or innovative treatment
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1 technologies that meet the requirements of sub2 paragraph (A) for public water systems de3 scribed in subparagraph (A)(i) that are subject

4 to the regulation.

5 ‘‘(C) NO SPECIFIED TECHNOLOGY.—A de6 scription under subparagraph (A) of the best

7 technology or other means available shall not be

8 considered to require or authorize that the spec9 ified technology or other means be used for the

10 purpose of meeting the requirements of any na11 tional primary drinking water regulation.’’.

12 (b) TECHNOLOGIES AND TREATMENT TECHNIQUES

13 FOR SMALL SYSTEMS.—Section 1412(b)(4)(E) (as

14 amended by section 6(a)) is further amended by adding

15 at the end the following: ‘‘The Administrator shall include

16 in the list any technology, treatment technique, or other

17 means that is feasible for small public water systems serv18 ing—

19 ‘‘(i) a population of 10,000 or fewer

20 but more than 3,300;

21 ‘‘(ii) a population of 3,300 or fewer

22 but more than 500; and

23 ‘‘(iii) a population of 500 or fewer but

24 more than 25;
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1 and that achieves compliance with the maxi2 mum contaminant level or treatment technique,

3 including packaged or modular systems and

4 point-of-entry or point-of-use treatment units

5 that are owned, controlled and maintained by

6 the public water system or by a person under

7 contract with the public water system to ensure

8 proper operation and maintenance and compli9 ance with the maximum contaminant level and

10 equipped with mechanical warnings to ensure

11 that customers are automatically notified of

12 operational problems. The Administrator shall

13 not include in the list any point-of-use treat14 ment technology, treatment technique, or other

15 means to achieve compliance with a maximum

16 contaminant level or treatment technique re17 quirement for a microbial contaminant (or an

18 indicator of a microbial contaminant). If the

19 American National Standards Institute has is20 sued product standards applicable to a specific

21 type of point-of-entry or point-of-use treatment

22 device, individual units of that type shall not be

23 accepted for compliance with a maximum con24 taminant level or treatment technique require-
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1 ment unless they are independently certified in

2 accordance with such standards.’’.

3 (c) AVAILABILITY OF INFORMATION ON SMALL SYS4 TEM TECHNOLOGIES.—Section 1445 (42 U.S.C. 300j–4)

5 is amended by adding at the end the following:

6 ‘‘(g) AVAILABILITY OF INFORMATION ON SMALL SYS7 TEM TECHNOLOGIES.—For purposes of paragraphs

8 (4)(E) and (15) of section 1412(b), the Administrator

9 may request information on the characteristics of commer10 cially available treatment systems and technologies, in11 cluding the effectiveness and performance of the systems

12 and technologies under various operating conditions. The

13 Administrator may specify the form, content, and date by

14 which information shall be submitted by manufacturers,

15 States, and other interested persons for the purpose of

16 considering the systems and technologies in the develop17 ment of regulations or guidance under paragraph (4)(E)

18 or (15) of section 1412(b).’’.

19 (d) SMALL WATER SYSTEMS TECHNOLOGY CEN20 TERS.—Section 1442 (42 U.S.C. 300j–1) is amended by

21 adding at the end the following:

22 ‘‘(h) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY

23 ASSISTANCE CENTERS.—

24 ‘‘(1) GRANT PROGRAM.—The Administrator is

25 authorized to make grants to institutions of higher
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1 learning to establish and operate not fewer than 5

2 small public water system technology assistance cen3 ters in the United States.

4 ‘‘(2) RESPONSIBILITIES OF THE CENTERS.—

5 The responsibilities of the small public water system

6 technology assistance centers established under this

7 subsection shall include the conduct of research,

8 training, and technical assistance relating to the in9 formation, performance, and technical needs of small

10 public water systems or public water systems that

11 serve Indian Tribes.

12 ‘‘(3) APPLICATIONS.—Any institution of higher

13 learning interested in receiving a grant under this

14 subsection shall submit to the Administrator an ap15 plication in such form and containing such informa16 tion as the Administrator may require by regulation.

17 ‘‘(4) SELECTION CRITERIA.—The Administrator

18 shall select recipients of grants under this subsection

19 on the basis of the following criteria:

20 ‘‘(A) The small public water system tech21 nology assistance center shall be located in a

22 State that is representative of the needs of the

23 region in which the State is located for address24 ing the drinking water needs of rural small

25 communities or Indian Tribes.
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1 ‘‘(B) The grant recipient shall be located

2 in a region that has experienced problems with

3 rural water supplies.

4 ‘‘(C) There is available to the grant recipi5 ent for carrying out this subsection dem6 onstrated expertise in water resources research,

7 technical assistance, and training.

8 ‘‘(D) The grant recipient shall have the ca9 pability to provide leadership in making na10 tional and regional contributions to the solution

11 of both long-range and intermediate-range rural

12 water system technology management problems.

13 ‘‘(E) The grant recipient shall have a dem14 onstrated interdisciplinary capability with ex15 pertise in small public water system technology

16 management and research.

17 ‘‘(F) The grant recipient shall have a dem18 onstrated capability to disseminate the results

19 of small public water system technology re20 search and training programs through an inter21 disciplinary continuing education program.

22 ‘‘(G) The projects that the grant recipient

23 proposes to carry out under the grant are nec24 essary and appropriate.
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1 ‘‘(H) The grant recipient has regional sup2 port beyond the host institution.

3 ‘‘(I) The grant recipient shall include the

4 participation of water resources research insti5 tutes established under section 104 of the

6 Water Resources Research Act of 1984 (42

7 U.S.C. 10303).

8 ‘‘(5) ALASKA.—For purposes of this subsection,

9 the State of Alaska shall be considered to be a re10 gion.

11 ‘‘(6) CONSORTIA OF STATES.—At least 2 of the

12 grants under this subsection shall be made to con13 sortia of States with low population densities. In this

14 paragraph, the term ‘consortium of States with low

15 population densities’ means a consortium of States,

16 each State of which has an average population den17 sity of less than 12.3 persons per square mile, based

18 on data for 1993 from the Bureau of the Census.

19 ‘‘(7) ADDITIONAL CONSIDERATIONS.—At least

20 one center established under this subsection shall

21 focus primarily on the development and evaluation of

22 new technologies and new combinations of existing

23 technologies that are likely to provide more reliable

24 or lower cost options for providing safe drinking

25 water. This center shall be located in a geographic
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1 region of the country with a high density of small

2 systems, at a university with an established record

3 of developing and piloting small treatment tech4 nologies in cooperation with industry, States, com5 munities, and water system associations.

6 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated to make

8 grants under this subsection $10,000,000 for each

9 of fiscal years 1995 through 2003.’’.

10 SEC. 13. VARIANCES AND EXEMPTIONS.

11 (a) TECHNOLOGY AND TREATMENT TECHNIQUES

12 FOR SYSTEMS ISSUED VARIANCES.—The second sentence

13 of section 1415(a)(1)(A) (42 U.S.C. 300g–4(a)(1)(A)) is

14 amended—

15 (1) by striking ‘‘only be issued to a system after

16 the system’s application of’’ and inserting ‘‘be issued

17 to a system on condition that the system install’’;

18 and

19 (2) by inserting before the period at the end the

20 following: ‘‘, and based upon an evaluation satisfac21 tory to the State that indicates that alternative

22 sources of water are not reasonably available to the

23 system’’.

24 (b) EXEMPTIONS.—Section 1416 (42 U.S.C. 300g–

25 5) is amended—
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1 (1) in subsection (a)(1)—

2 (A) by inserting after ‘‘(which may include

3 economic factors’’ the following: ‘‘, including

4 qualification of the public water system as a

5 system serving a disadvantaged community pur6 suant to section 1473(e)(1)’’; and

7 (B) by inserting after ‘‘treatment tech8 nique requirement,’’ the following: ‘‘or to imple9 ment measures to develop an alternative source

10 of water supply,’’;

11 (2) in subsection (b)(1)(A)—

12 (A) by striking ‘‘(including increments of

13 progress)’’ and inserting ‘‘(including increments

14 of progress or measures to develop an alter15 native source of water supply)’’; and

16 (B) by striking ‘‘requirement and treat17 ment’’ and inserting ‘‘requirement or treat18 ment’’; and

19 (3) in subsection (b)(2)—

20 (A) by striking ‘‘(except as provided in

21 subparagraph (B))’’ in subparagraph (A) and

22 all that follows through ‘‘3 years after the date

23 of the issuance of the exemption if’’ in subpara24 graph (B) and inserting the following: ‘‘not

25 later than 3 years after the otherwise applicable
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1 compliance date established in section

2 1412(b)(10).

3 ‘‘(B) No exemption shall be granted unless’’;

4 (B) in subparagraph (B)(i), by striking

5 ‘‘within the period of such exemption’’ and in6 serting ‘‘prior to the date established pursuant

7 to section 1412(b)(10)’’;

8 (C) in subparagraph (B)(ii), by inserting

9 after ‘‘such financial assistance’’ the following:

10 ‘‘or assistance pursuant to part G, or any other

11 Federal or State program is reasonably likely to

12 be available within the period of the exemp13 tion’’;

14 (D) in subparagraph (C)—

15 (i) by striking ‘‘500 service connec16 tions’’ and inserting ‘‘a population of

17 3,300’’; and

18 (ii) by inserting ‘‘, but not to exceed

19 a total of 6 years,’’ after ‘‘for one or more

20 additional 2-year periods’’; and

21 (E) by adding at the end the following:

22 ‘‘(D) LIMITATION.—A public water system may not

23 receive an exemption under this section if the system was

24 granted a variance under section 1415(e).’’.
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1 SEC. 14. SMALL SYSTEMS; TECHNICAL ASSISTANCE.

2 (a) SMALL SYSTEM VARIANCES.—Section 1415 (42

3 U.S.C. 300g–4) is amended by adding at the end the fol4 lowing:

5 ‘‘(e) SMALL SYSTEM VARIANCES.—

6 ‘‘(1) IN GENERAL.—The Administrator (or a

7 State with primary enforcement responsibility for

8 public water systems under section 1413) may grant

9 to a public water system serving a population of

10 10,000 or fewer (referred to in this subsection as a

11 ‘small system’) a variance under this subsection for

12 compliance with a requirement specifying a maxi13 mum contaminant level or treatment technique con14 tained in a national primary drinking water regula15 tion, if the variance meets each requirement of this

16 subsection.

17 ‘‘(2) AVAILABILITY OF VARIANCES.—A small

18 system may receive a variance under this subsection

19 if the system installs, operates, and maintains, in ac20 cordance with guidance or regulations issued by the

21 Administrator, treatment technology that is feasible

22 for small systems as determined by the Adminis23 trator pursuant to section 1412(b)(15).

24 ‘‘(3) CONDITIONS FOR GRANTING VARIANCES.—

25 A variance under this subsection shall be available

26 only to a system—
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1 ‘‘(A) that cannot afford to comply, in ac2 cordance with affordability criteria established

3 by the Administrator (or the State in the case

4 of a State that has primary enforcement re5 sponsibility under section 1413), with a na6 tional primary drinking water regulation, in7 cluding compliance through—

8 ‘‘(i) treatment;

9 ‘‘(ii) alternative source of water sup10 ply; or

11 ‘‘(iii) restructuring or consolidation

12 (unless the Administrator (or the State in

13 the case of a State that has primary en14 forcement responsibility under section

15 1413) makes a written determination that

16 restructuring or consolidation is not fea17 sible or appropriate based on other speci18 fied public policy considerations); and

19 ‘‘(B) for which the Administrator (or the

20 State in the case of a State that has primary

21 enforcement responsibility under section 1413)

22 determines that the terms of the variance en23 sure adequate protection of human health, con24 sidering the quality of the source water for the

25 system and the removal efficiencies and ex-
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1 pected useful life of the treatment technology

2 required by the variance.

3 ‘‘(4) APPLICATIONS.—An application for a vari4 ance for a national primary drinking water regula5 tion under this subsection shall be submitted to the

6 Administrator (or the State in the case of a State

7 that has primary enforcement responsibility under

8 section 1413) not later than the date that is the

9 later of—

10 ‘‘(A) 3 years after the date of enactment

11 of this subsection; or

12 ‘‘(B) 1 year after the compliance date of

13 the national primary drinking water regulation

14 as established under section 1412(b)(10) for

15 which a variance is requested.

16 ‘‘(5) VARIANCE REVIEW AND DECISION.—

17 ‘‘(A) TIMETABLE.—The Administrator (or

18 the State in the case of a State that has pri19 mary enforcement responsibility under section

20 1413) shall grant or deny a variance not later

21 than 1 year after the date of receipt of the ap22 plication.

23 ‘‘(B) PENALTY MORATORIUM.—Each pub24 lic water system that submits a timely applica25 tion for a variance under this subsection shall
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1 not be subject to a penalty in an enforcement

2 action under section 1414 for a violation of a

3 maximum contaminant level or treatment tech4 nique in the national primary drinking water

5 regulation with respect to which the variance

6 application was submitted prior to the date of

7 a decision to grant or deny the variance.

8 ‘‘(6) COMPLIANCE SCHEDULES.—

9 ‘‘(A) VARIANCES.—A variance granted

10 under this subsection shall require compliance

11 with the conditions of the variance not later

12 than 3 years after the date on which the vari13 ance is granted, except that the Administrator

14 (or the State in the case of a State that has

15 primary enforcement responsibility under sec16 tion 1413) may allow up to 2 additional years

17 to comply with a treatment technique, secure an

18 alternative source of water, or restructure if the

19 Administrator (or the State) determines that

20 additional time is necessary for capital improve21 ments, or to allow for financial assistance pro22 vided pursuant to part G or any other Federal

23 or State program.

24 ‘‘(B) DENIED APPLICATIONS.—If the Ad25 ministrator (or the State in the case of a State
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1 that has primary enforcement responsibility

2 under section 1413) denies a variance applica3 tion under this subsection, the public water sys4 tem shall come into compliance with the re5 quirements of the national primary drinking

6 water regulation for which the variance was re7 quested not later than 4 years after the date on

8 which the national primary drinking water reg9 ulation was promulgated.

10 ‘‘(7) DURATION OF VARIANCES.—

11 ‘‘(A) IN GENERAL.—The Administrator (or

12 the State in the case of a State that has pri13 mary enforcement responsibility under section

14 1413) shall review each variance granted under

15 this subsection not less often than every 5 years

16 after the compliance date established in the

17 variance to determine whether the system re18 mains eligible for the variance and is conform19 ing to each condition of the variance.

20 ‘‘(B) REVOCATION OF VARIANCES.—The

21 Administrator (or the State in the case of a

22 State that has primary enforcement responsibil23 ity under section 1413) shall revoke a variance

24 in effect under this subsection if the Adminis25 trator (or the State) determines that—
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1 ‘‘(i) the system is no longer eligible

2 for a variance;

3 ‘‘(ii) the system has failed to comply

4 with any term or condition of the variance,

5 other than a reporting or monitoring re6 quirement, unless the failure is caused by

7 circumstances outside the control of the

8 system; or

9 ‘‘(iii) the terms of the variance do not

10 ensure adequate protection of human

11 health, considering the quality of source

12 water available to the system and the re13 moval efficiencies and expected useful life

14 of the treatment technology required by

15 the variance.

16 ‘‘(8) INELIGIBILITY FOR VARIANCES.—A vari17 ance shall not be available under this subsection

18 for—

19 ‘‘(A) any maximum contaminant level or

20 treatment technique for a contaminant with re21 spect to which a national primary drinking

22 water regulation was promulgated prior to Jan23 uary 1, 1986; or

24 ‘‘(B) a national primary drinking water

25 regulation for a microbial contaminant (includ-
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1 ing a bacterium, virus, or other organism) or an

2 indicator or treatment technique for a microbial

3 contaminant.

4 ‘‘(9) REGULATIONS AND GUIDANCE.—

5 ‘‘(A) IN GENERAL.—Not later than 2 years

6 after the date of enactment of this subsection

7 and in consultation with the States, the Admin8 istrator shall promulgate regulations for

9 variances to be granted under this subsection.

10 The regulations shall, at a minimum, specify—

11 ‘‘(i) procedures to be used by the Ad12 ministrator or a State to grant or deny

13 variances, including requirements for noti14 fying the Administrator and consumers of

15 the public water system applying for a

16 variance and requirements for a public

17 hearing on the variance before the variance

18 is granted;

19 ‘‘(ii) requirements for the installation

20 and proper operation of treatment tech21 nology that is feasible (pursuant to section

22 1412(b)(15)) for small systems and the fi23 nancial and technical capability to operate

24 the treatment system, including operator

25 training and certification;
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1 ‘‘(iii) eligibility criteria for a variance

2 for each national primary drinking water

3 regulation, including requirements for the

4 quality of the source water (pursuant to

5 section 1412(b)(15)(A)); and

6 ‘‘(iv) information requirements for

7 variance applications.

8 ‘‘(B) AFFORDABILITY CRITERIA.—Not

9 later than 18 months after the date of enact10 ment of the Safe Drinking Water Act Amend11 ments of 1995, the Administrator, in consulta12 tion with the States and the Rural Utilities

13 Service of the Department of Agriculture, shall

14 publish information to assist the States in de15 veloping affordability criteria. The affordability

16 criteria shall be reviewed by the States not less

17 often than every 5 years to determine if

18 changes are needed to the criteria.

19 ‘‘(10) REVIEW BY THE ADMINISTRATOR.—

20 ‘‘(A) IN GENERAL.—The Administrator

21 shall periodically review the program of each

22 State that has primary enforcement responsibil23 ity for public water systems under section 1413

24 with respect to variances to determine whether

25 the variances granted by the State comply with
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1 the requirements of this subsection. With re2 spect to affordability, the determination of the

3 Administrator shall be limited to whether the

4 variances granted by the State comply with the

5 affordability criteria developed by the State.

6 ‘‘(B) NOTICE AND PUBLICATION.—If the

7 Administrator determines that variances grant8 ed by a State are not in compliance with afford9 ability criteria developed by the State and the

10 requirements of this subsection, the Adminis11 trator shall notify the State in writing of the

12 deficiencies and make public the determination.

13 ‘‘(C) OBJECTIONS TO VARIANCES.—

14 ‘‘(i) BY THE ADMINISTRATOR.—The

15 Administrator may review and object to

16 any variance proposed to be granted by a

17 State, if the objection is communicated to

18 the State not later than 90 days after the

19 State proposes to grant the variance. If the

20 Administrator objects to the granting of a

21 variance, the Administrator shall notify the

22 State in writing of each basis for the objec23 tion and propose a modification to the

24 variance to resolve the concerns of the Ad25 ministrator. The State shall make the rec-
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1 ommended modification or respond in writ2 ing to each objection. If the State issues

3 the variance without resolving the concerns

4 of the Administrator, the Administrator

5 may overturn the State decision to grant

6 the variance if the Administrator deter7 mines that the State decision does not

8 comply with this subsection.

9 ‘‘(ii) PETITION BY CONSUMERS.—Not

10 later than 30 days after a State with pri11 mary enforcement responsibility for public

12 water systems under section 1413 proposes

13 to grant a variance for a public water sys14 tem, any person served by the system may

15 petition the Administrator to object to the

16 granting of a variance. The Administrator

17 shall respond to the petition not later than

18 60 days after the receipt of the petition.

19 The State shall not grant the variance dur20 ing the 60-day period. The petition shall be

21 based on comments made by the petitioner

22 during public review of the variance by the

23 State.’’.

24 (b) TECHNICAL ASSISTANCE.—Section 1442(g) (42

25 U.S.C. 300j–1(g)) is amended—
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1 (1) in the second sentence, by inserting ‘‘and

2 multi-State regional technical assistance’’ after ‘‘ ‘cir3 cuit-rider’ ’’; and

4 (2) by striking the third sentence and inserting

5 the following: ‘‘The Administrator shall ensure that

6 funds made available for technical assistance pursu7 ant to this subsection are allocated among the States

8 equally. Each nonprofit organization receiving assist9 ance under this subsection shall consult with the

10 State in which the assistance is to be expended or

11 otherwise made available before using the assistance

12 to undertake activities to carry out this subsection.

13 There are authorized to be appropriated to carry out

14 this subsection $15,000,000 for each of fiscal years

15 1992 through 2003.’’.

16 SEC. 15. CAPACITY DEVELOPMENT; FINANCE CENTERS.

17 Part B (42 U.S.C. 300g et seq.) is amended by add18 ing at the end the following:

19 ‘‘CAPACITY DEVELOPMENT

20 ‘‘SEC. 1418. (a) STATE AUTHORITY FOR NEW SYS21 TEMS.—Each State shall obtain the legal authority or

22 other means to ensure that all new community water sys23 tems and new nontransient, noncommunity water systems

24 commencing operation after October 1, 1998, demonstrate

25 technical, managerial, and financial capacity with respect

26 to each national primary drinking water regulation in ef-
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1 fect, or likely to be in effect, on the date of commencement

2 of operations.

3 ‘‘(b) SYSTEMS IN SIGNIFICANT NONCOMPLIANCE.—

4 ‘‘(1) LIST.—Beginning not later than 1 year

5 after the date of enactment of this section, each

6 State shall prepare, periodically update, and submit

7 to the Administrator a list of community water sys8 tems and nontransient, noncommunity water sys9 tems that have a history of significant noncompli10 ance with this title (as defined in guidelines issued

11 prior to the date of enactment of this section or any

12 revisions of the guidelines that have been made in

13 consultation with the States) and, to the extent

14 practicable, the reasons for noncompliance.

15 ‘‘(2) REPORT.—Not later than 5 years after the

16 date of enactment of this section and as part of the

17 capacity development strategy of the State, each

18 State shall report to the Administrator on the suc19 cess of enforcement mechanisms and initial capacity

20 development efforts in assisting the public water sys21 tems listed under paragraph (1) to improve tech22 nical, managerial, and financial capacity.

23 ‘‘(c) CAPACITY DEVELOPMENT STRATEGY.—

24 ‘‘(1) IN GENERAL.—Not later than 4 years

25 after the date of enactment of this section, each
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1 State shall develop and implement a strategy to as2 sist public water systems in acquiring and maintain3 ing technical, managerial, and financial capacity.

4 ‘‘(2) CONTENT.—In preparing the capacity de5 velopment strategy, the State shall consider, solicit

6 public comment on, and include as appropriate—

7 ‘‘(A) the methods or criteria that the State

8 will use to identify and prioritize the public

9 water systems most in need of improving tech10 nical, managerial, and financial capacity;

11 ‘‘(B) a description of the institutional, reg12 ulatory, financial, tax, or legal factors at the

13 Federal, State, or local level that encourage or

14 impair capacity development;

15 ‘‘(C) a description of how the State will

16 use the authorities and resources of this title or

17 other means to—

18 ‘‘(i) assist public water systems in

19 complying with national primary drinking

20 water regulations;

21 ‘‘(ii) encourage the development of

22 partnerships between public water systems

23 to enhance the technical, managerial, and

24 financial capacity of the systems; and
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1 ‘‘(iii) assist public water systems in

2 the training and certification of operators;

3 ‘‘(D) a description of how the State will es4 tablish a baseline and measure improvements in

5 capacity with respect to national primary drink6 ing water regulations and State drinking water

7 law; and

8 ‘‘(E) an identification of the persons that

9 have an interest in and are involved in the de10 velopment and implementation of the capacity

11 development strategy (including all appropriate

12 agencies of Federal, State, and local govern13 ments, private and nonprofit public water sys14 tems, and public water system customers).

15 ‘‘(3) REPORT.—Not later than 2 years after the

16 date on which a State first adopts a capacity devel17 opment strategy under this subsection, and every 3

18 years thereafter, the head of the State agency that

19 has primary responsibility to carry out this title in

20 the State shall submit to the Governor a report that

21 shall also be available to the public on the efficacy

22 of the strategy and progress made toward improving

23 the technical, managerial, and financial capacity of

24 public water systems in the State.

25 ‘‘(d) FEDERAL ASSISTANCE.—
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1 ‘‘(1) IN GENERAL.—The Administrator shall

2 support the States in developing capacity develop3 ment strategies.

4 ‘‘(2) INFORMATIONAL ASSISTANCE.—

5 ‘‘(A) IN GENERAL.—Not later than 180

6 days after the date of enactment of this section,

7 the Administrator shall—

8 ‘‘(i) conduct a review of State capacity

9 development efforts in existence on the

10 date of enactment of this section and pub11 lish information to assist States and public

12 water systems in capacity development ef13 forts; and

14 ‘‘(ii) initiate a partnership with

15 States, public water systems, and the pub16 lic to develop information for States on

17 recommended operator certification re18 quirements.

19 ‘‘(B) PUBLICATION OF INFORMATION.—

20 The Administrator shall publish the information

21 developed through the partnership under sub22 paragraph (A)(ii) not later than 18 months

23 after the date of enactment of this section.

24 ‘‘(3) VARIANCES AND EXEMPTIONS.—Based on

25 information obtained under subsection (c)(2)(B), the
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1 Administrator shall, as appropriate, modify regula2 tions concerning variances and exemptions for small

3 public water systems to ensure flexibility in the use

4 of the variances and exemptions. Nothing in this

5 paragraph shall be interpreted, construed, or applied

6 to affect or alter the requirements of section 1415

7 or 1416.

8 ‘‘(4) PROMULGATION OF DRINKING WATER

9 REGULATIONS.—In promulgating a national primary

10 drinking water regulation, the Administrator shall

11 include an analysis of the likely effect of compliance

12 with the regulation on the technical, financial, and

13 managerial capacity of public water systems.

14 ‘‘(5) GUIDANCE FOR NEW SYSTEMS.—Not later

15 than 2 years after the date of enactment of this sec16 tion, the Administrator shall publish guidance devel17 oped in consultation with the States describing legal

18 authorities and other means to ensure that all new

19 community water systems and new nontransient,

20 noncommunity water systems demonstrate technical,

21 managerial, and financial capacity with respect to

22 national primary drinking water regulations.

23 ‘‘(e) ENVIRONMENTAL FINANCE CENTERS.—

24 ‘‘(1) IN GENERAL.—The Administrator shall

25 support the network of university-based Environ-
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1 mental Finance Centers in providing training and

2 technical assistance to State and local officials in de3 veloping capacity of public water systems.

4 ‘‘(2) NATIONAL CAPACITY DEVELOPMENT

5 CLEARINGHOUSE.—Within the Environmental Fi6 nance Center network in existence on the date of en7 actment of this section, the Administrator shall es8 tablish a national public water systems capacity de9 velopment clearinghouse to receive, coordinate, and

10 disseminate research and reports on projects funded

11 under this title and from other sources with respect

12 to developing, improving, and maintaining technical,

13 financial, and managerial capacity at public water

14 systems to Federal and State agencies, universities,

15 water suppliers, and other interested persons.

16 ‘‘(3) CAPACITY DEVELOPMENT TECHNIQUES.—

17 ‘‘(A) IN GENERAL.—The Environmental

18 Finance Centers shall develop and test manage19 rial, financial, and institutional techniques—

20 ‘‘(i) to ensure that new public water

21 systems have the technical, managerial,

22 and financial capacity before commencing

23 operation;

24 ‘‘(ii) to identify public water systems

25 in need of capacity development; and
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1 ‘‘(iii) to bring public water systems

2 with a history of significant noncompliance

3 with national primary drinking water regu4 lations into compliance.

5 ‘‘(B) TECHNIQUES.—The techniques may

6 include capacity assessment methodologies,

7 manual and computer-based public water sys8 tem rate models and capital planning models,

9 public water system consolidation procedures,

10 and regionalization models.

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out subsection

13 (e) $2,500,000 for each of fiscal years 1995 through

14 2003.’’.

15 SEC. 16. OPERATOR AND LABORATORY CERTIFICATION.

16 Section 1442 (42 U.S.C. 300j–1) is amended by in17 serting after subsection (d) the following:

18 ‘‘(e) CERTIFICATION OF OPERATORS AND LABORA19 TORIES.—

20 ‘‘(1) REQUIREMENT.—Beginning 3 years after

21 the date of enactment of the Safe Drinking Water

22 Act Amendments of 1995—

23 ‘‘(A) no assistance may be provided to a

24 public water system under part G unless the

25 system has entered into an enforceable commit-
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1 ment with the State providing that any person

2 who operates the system will be trained and

3 certified according to requirements established

4 by the Administrator or the State (in the case

5 of a State with primary enforcement respon6 sibility under section 1413) not later than the

7 date of completion of the capital project for

8 which the assistance is provided; and

9 ‘‘(B) a public water system that has re10 ceived assistance under part G may be operated

11 only by a person who has been trained and cer12 tified according to requirements established by

13 the Administrator or the State (in the case of

14 a State with primary enforcement responsibility

15 under section 1413).

16 ‘‘(2) GUIDELINES.—Not later than 18 months

17 after the date of enactment of the Safe Drinking

18 Water Act Amendments of 1995 and after consulta19 tion with the States, the Administrator shall publish

20 information to assist States in carrying out para21 graph (1). In the case of a State with primary en22 forcement responsibility under section 1413 or any

23 other State that has established a training program

24 that is consistent with the guidance issued under

25 this paragraph, the authority to prescribe the appro-
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1 priate level of training for certification for all sys2 tems shall be solely the responsibility of the State.

3 The guidance issued under this paragraph shall also

4 include information to assist States in certifying lab5 oratories engaged in testing for the purpose of com6 pliance with sections 1445 and 1401(1).

7 ‘‘(3) NONCOMPLIANCE.—If a public water sys8 tem in a State is not operated in accordance with

9 paragraph (1), the Administrator is authorized to

10 withhold from funds that would otherwise be allo11 cated to the State under section 1472 or require the

12 repayment of an amount equal to the amount of any

13 assistance under part G provided to the public water

14 system.’’.

15 SEC. 17. SOURCE WATER QUALITY PROTECTION PARTNER16 SHIPS.

17 Part B (42 U.S.C. 300g et seq.) (as amended by sec18 tion 15) is further amended by adding at the end the fol19 lowing:

20 ‘‘SOURCE WATER QUALITY PROTECTION PARTNERSHIP

21 PROGRAM

22 ‘‘SEC. 1419. (a) SOURCE WATER AREA DELINEA23 TIONS.—Except as provided in subsection (c), not later

24 than 5 years after the date of enactment of this section,

25 and after an opportunity for public comment, each State

26 shall—
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1 ‘‘(1) delineate (directly or through delegation)

2 the source water protection areas for community

3 water systems in the State using hydrogeologic in4 formation considered to be reasonably available and

5 appropriate by the State; and

6 ‘‘(2) conduct, to the extent practicable, vulner7 ability assessments in source water areas determined

8 to be a priority by the State, including, to the extent

9 practicable, identification of risks in source water

10 protection areas to drinking water.

11 ‘‘(b) ALTERNATIVE DELINEATIONS AND VULNER12 ABILITY ASSESSMENTS.—For the purposes of satisfying

13 the requirements of subsection (a), a State may use delin14 eations and vulnerability assessments conducted for—

15 ‘‘(1) ground water sources under a State well16 head protection program developed pursuant to sec17 tion 1428;

18 ‘‘(2) surface or ground water sources under a

19 State pesticide management plan developed pursuant

20 to the Pesticide and Ground Water State Manage21 ment Plan Regulation (subparts I and J of part 152

22 of title 40, Code of Federal Regulations), promul23 gated under section 3(d) of the Federal Insecticide,

24 Fungicide, and Rodenticide Act (7 U.S.C. 136a(d));

25 or
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1 ‘‘(3) surface water sources under a State water2 shed initiative or to satisfy the watershed criterion

3 for determining if filtration is required under the

4 Surface Water Treatment Rule (section 141.70 of

5 title 40, Code of Federal Regulations).

6 ‘‘(c) FUNDING.—To carry out the delineations and

7 assessments described in subsection (a), a State may use

8 funds made available for that purpose pursuant to section

9 1473(f). If funds available under that section are insuffi10 cient to meet the minimum requirements of subsection (a),

11 the State shall establish a priority-based schedule for the

12 delineations and assessments within available resources.

13 ‘‘(d) PETITION PROGRAM.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) ESTABLISHMENT.—A State may es16 tablish a program under which an owner or op17 erator of a community water system in the

18 State, or a municipal or local government or po19 litical subdivision of a government in the State,

20 may submit a source water quality protection

21 partnership petition to the State requesting

22 that the State assist in the local development of

23 a voluntary, incentive-based partnership, among

24 the owner, operator, or government and other
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1 persons likely to be affected by the rec2 ommendations of the partnership, to—

3 ‘‘(i) reduce the presence in drinking

4 water of contaminants that may be ad5 dressed by a petition by considering the

6 origins of the contaminants, including to

7 the maximum extent practicable the spe8 cific activities that affect the drinking

9 water supply of a community;

10 ‘‘(ii) obtain financial or technical as11 sistance necessary to facilitate establish12 ment of a partnership, or to develop and

13 implement recommendations of a partner14 ship for the protection of source water to

15 assist in the provision of drinking water

16 that complies with national primary drink17 ing water regulations with respect to con18 taminants addressed by a petition; and

19 ‘‘(iii) develop recommendations re20 garding voluntary and incentive-based

21 strategies for the long-term protection of

22 the source water of community water sys23 tems.

24 ‘‘(B) STATE DETERMINATION.—Not later

25 than 1 year after the date of enactment of this
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1 section, each State shall provide public notice

2 and solicit public comment on the question of

3 whether to develop a source water quality pro4 tection partnership petition program in the

5 State, and publicly announce the determination

6 of the State thereafter. If so requested by any

7 public water system or local governmental en8 tity, prior to making the determination, the

9 State shall hold at least one public hearing to

10 assess the level of interest in the State for de11 velopment and implementation of a State source

12 water quality partnership petition program.

13 ‘‘(C) FUNDING.—Each State may—

14 ‘‘(i) use funds set aside pursuant to

15 section 1473(f) by the State to carry out

16 a program described in subparagraph (A),

17 including assistance to voluntary local

18 partnerships for the development and im19 plementation of partnership recommenda20 tions for the protection of source water

21 such as source water quality assessment,

22 contingency plans, and demonstration

23 projects for partners within a source water

24 area delineated under subsection (a); and
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1 ‘‘(ii) provide assistance in response to

2 a petition submitted under this subsection

3 using funds referred to in subsections

4 (e)(2)(B) and (g).

5 ‘‘(2) OBJECTIVES.—The objectives of a petition

6 submitted under this subsection shall be to—

7 ‘‘(A) facilitate the local development of vol8 untary, incentive-based partnerships among

9 owners and operators of community water sys10 tems, governments, and other persons in source

11 water areas; and

12 ‘‘(B) obtain assistance from the State in

13 directing or redirecting resources under Federal

14 or State water quality programs to implement

15 the recommendations of the partnerships to ad16 dress the origins of drinking water contami17 nants that may be addressed by a petition (in18 cluding to the maximum extent practicable the

19 specific activities) that affect the drinking water

20 supply of a community.

21 ‘‘(3) CONTAMINANTS ADDRESSED BY A PETI22 TION.—A petition submitted to a State under this

23 section may address only those contaminants—

24 ‘‘(A) that are pathogenic organisms for

25 which a national primary drinking water regula-
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1 tion has been established or is required under

2 section 1412(b)(2)(C); or

3 ‘‘(B) for which a national primary drinking

4 water regulation has been promulgated or pro5 posed and—

6 ‘‘(i) that are detected in the commu7 nity water system for which the petition is

8 submitted at levels above the maximum

9 contaminant level; or

10 ‘‘(ii) that are detected by adequate

11 monitoring methods at levels that are not

12 reliably and consistently below the maxi13 mum contaminant level.

14 ‘‘(4) CONTENTS.—A petition submitted under

15 this subsection shall, at a minimum—

16 ‘‘(A) include a delineation of the source

17 water area in the State that is the subject of

18 the petition;

19 ‘‘(B) identify, to the maximum extent

20 practicable, the origins of the drinking water

21 contaminants that may be addressed by a peti22 tion (including to the maximum extent prac23 ticable the specific activities contributing to the

24 presence of the contaminants) in the source

25 water area delineated under subparagraph (A);
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1 ‘‘(C) identify any deficiencies in informa2 tion that will impair the development of rec3 ommendations by the voluntary local partner4 ship to address drinking water contaminants

5 that may be addressed by a petition;

6 ‘‘(D) specify the efforts made to establish

7 the voluntary local partnership and obtain the

8 participation of—

9 ‘‘(i) the municipal or local government

10 or other political subdivision of the State

11 with jurisdiction over the source water area

12 delineated under subparagraph (A); and

13 ‘‘(ii) each person in the source water

14 area delineated under subparagraph (A)—

15 ‘‘(I) who is likely to be affected

16 by recommendations of the voluntary

17 local partnership; and

18 ‘‘(II) whose participation is es19 sential to the success of the partner20 ship;

21 ‘‘(E) outline how the voluntary local part22 nership has or will, during development and im23 plementation of recommendations of the vol24 untary local partnership, identify, recognize and

25 take into account any voluntary or other activi-
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1 ties already being undertaken by persons in the

2 source water area delineated under subpara3 graph (A) under Federal or State law to reduce

4 the likelihood that contaminants will occur in

5 drinking water at levels of public health con6 cern; and

7 ‘‘(F) specify the technical, financial, or

8 other assistance that the voluntary local part9 nership requests of the State to develop the

10 partnership or to implement recommendations

11 of the partnership.

12 ‘‘(e) APPROVAL OR DISAPPROVAL OF PETITIONS.—

13 ‘‘(1) IN GENERAL.—After providing notice and

14 an opportunity for public comment on a petition

15 submitted under subsection (d), the State shall ap16 prove or disapprove the petition, in whole or in part,

17 not later than 120 days after the date of submission

18 of the petition.

19 ‘‘(2) APPROVAL.—The State may approve a pe20 tition if the petition meets the requirements estab21 lished under subsection (d). The notice of approval

22 shall, at a minimum, include—

23 ‘‘(A) an identification of technical, finan24 cial, or other assistance that the State will pro25 vide to assist in addressing the drinking water
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1 contaminants that may be addressed by a peti2 tion based on—

3 ‘‘(i) the relative priority of the public

4 health concern identified in the petition

5 with respect to the other water quality

6 needs identified by the State;

7 ‘‘(ii) any necessary coordination that

8 the State will perform of the program es9 tablished under this section with programs

10 implemented or planned by other States

11 under this section; and

12 ‘‘(iii) funds available (including funds

13 available from a State revolving loan fund

14 established under title VI of the Federal

15 Water Pollution Control Act (33 U.S.C.

16 1381 et seq.) or part G and the appro17 priate distribution of the funds to assist in

18 implementing the recommendations of the

19 partnership;

20 ‘‘(B) a description of technical or financial

21 assistance pursuant to Federal and State pro22 grams that is available to assist in implement23 ing recommendations of the partnership in the

24 petition, including—
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1 ‘‘(i) any program established under

2 the Federal Water Pollution Control Act

3 (33 U.S.C. 1251 et seq.);

4 ‘‘(ii) the program established under

5 section 6217 of the Coastal Zone Act Re6 authorization Amendments of 1990 (16

7 U.S.C. 1455b);

8 ‘‘(iii) the agricultural water quality

9 protection program established under chap10 ter 2 of subtitle D of title XII of the Food

11 Security Act of 1985 (16 U.S.C. 3838 et

12 seq.);

13 ‘‘(iv) the sole source aquifer protection

14 program established under section 1427;

15 ‘‘(v) the community wellhead protec16 tion program established under section

17 1428;

18 ‘‘(vi) any pesticide or ground water

19 management plan;

20 ‘‘(vii) any voluntary agricultural re21 source management plan or voluntary

22 whole farm or whole ranch management

23 plan developed and implemented under a

24 process established by the Secretary of Ag25 riculture; and
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1 ‘‘(viii) any abandoned well closure

2 program; and

3 ‘‘(C) a description of activities that will be

4 undertaken to coordinate Federal and State

5 programs to respond to the petition.

6 ‘‘(3) DISAPPROVAL.—If the State disapproves a

7 petition submitted under subsection (d), the State

8 shall notify the entity submitting the petition in

9 writing of the reasons for disapproval. A petition

10 may be resubmitted at any time if—

11 ‘‘(A) new information becomes available;

12 ‘‘(B) conditions affecting the source water

13 that is the subject of the petition change; or

14 ‘‘(C) modifications are made in the type of

15 assistance being requested.

16 ‘‘(f) ELIGIBILITY FOR WATER QUALITY PROTECTION

17 ASSISTANCE.—A sole source aquifer plan developed under

18 section 1427, a wellhead protection plan developed under

19 section 1428, and a source water quality protection meas20 ure assisted in response to a petition submitted under sub21 section (d) shall be eligible for assistance under the Fed22 eral Water Pollution Control Act (33 U.S.C. 1251 et seq.),

23 including assistance provided under section 319 and title

24 VI of such Act (33 U.S.C. 1329 and 1381 et seq.), if the

25 project, measure, or practice would be eligible for assist-
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1 ance under such Act. In the case of funds made available

2 under such section 319 to assist a source water quality

3 protection measure in response to a petition submitted

4 under subsection (d), the funds may be used only for a

5 measure that addresses nonpoint source pollution.

6 ‘‘(g) GRANTS TO SUPPORT STATE PROGRAMS.—

7 ‘‘(1) IN GENERAL.—The Administrator may

8 make a grant to each State that establishes a pro9 gram under this section that is approved under

10 paragraph (2). The amount of each grant shall not

11 exceed 50 percent of the cost of administering the

12 program for the year in which the grant is available.

13 ‘‘(2) APPROVAL.—In order to receive grant as14 sistance under this subsection, a State shall submit

15 to the Administrator for approval a plan for a source

16 water quality protection partnership program that is

17 consistent with the guidance published under para18 graph (3). The Administrator shall approve the plan

19 if the plan is consistent with the guidance published

20 under paragraph (3).

21 ‘‘(3) GUIDANCE.—

22 ‘‘(A) IN GENERAL.—Not later than 1 year

23 after the date of enactment of this section, the

24 Administrator, in consultation with the States,

25 shall publish guidance to assist—
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1 ‘‘(i) States in the development of a

2 source water quality protection partnership

3 program; and

4 ‘‘(ii) municipal or local governments

5 or political subdivisions of the governments

6 and community water systems in the devel7 opment of source water quality protection

8 partnerships and in the assessment of

9 source water quality.

10 ‘‘(B) CONTENTS OF THE GUIDANCE.—The

11 guidance shall, at a minimum—

12 ‘‘(i) recommend procedures for the ap13 proval or disapproval by a State of a peti14 tion submitted under subsection (d);

15 ‘‘(ii) recommend procedures for the

16 submission of petitions developed under

17 subsection (d);

18 ‘‘(iii) recommend criteria for the as19 sessment of source water areas within a

20 State;

21 ‘‘(iv) describe technical or financial

22 assistance pursuant to Federal and State

23 programs that is available to address the

24 contamination of sources of drinking water
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1 and to develop and respond to petitions

2 submitted under subsection (d); and

3 ‘‘(v) specify actions taken by the Ad4 ministrator to ensure the coordination of

5 the programs referred to in clause (iv) with

6 the goals and objectives of this title to the

7 maximum extent practicable.

8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated to carry out

10 this subsection such sums as are necessary for fiscal

11 years 1995 through 2003. Each State with a plan

12 for a program approved under paragraph (2) shall

13 receive an equitable portion of the funds available

14 for any fiscal year.

15 ‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this

16 section—

17 ‘‘(1)(A) creates or conveys new authority to a

18 State, political subdivision of a State, or community

19 water system for any new regulatory measure; or

20 ‘‘(B) limits any authority of a State, political

21 subdivision, or community water system; or

22 ‘‘(2) precludes a community water system, mu23 nicipal or local government, or political subdivision

24 of a government from locally developing and carry25 ing out a voluntary, incentive-based, source water
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1 quality protection partnership to address the origins

2 of drinking water contaminants of public health con3 cern.’’.

4 SEC. 18. STATE PRIMACY; STATE FUNDING.

5 (a) STATE PRIMARY ENFORCEMENT RESPONSIBIL6 ITY.—Section 1413 (42 U.S.C. 300g–2) is amended—

7 (1) in subsection (a), by striking paragraph (1)

8 and inserting the following:

9 ‘‘(1) has adopted drinking water regulations

10 that are no less stringent than the national primary

11 drinking water regulations promulgated by the Ad12 ministrator under section 1412 not later than 2

13 years after the date on which the regulations are

14 promulgated by the Administrator except that the

15 Administrator may provide for an extension of not

16 more than 2 years if, after submission and review of

17 appropriate, adequate documentation from the State,

18 the Administrator determines that the extension is

19 necessary and justified;’’; and

20 (2) by adding at the end the following:

21 ‘‘(c) INTERIM PRIMARY ENFORCEMENT AUTHOR22 ITY.—A State that has primary enforcement authority

23 under this section with respect to each existing national

24 primary drinking water regulation shall be considered to

25 have primary enforcement authority with respect to each
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1 new or revised national primary drinking water regulation

2 during the period beginning on the effective date of a reg3 ulation adopted and submitted by the State with respect

4 to the new or revised national primary drinking water reg5 ulation in accordance with subsection (b)(1) and ending

6 at such time as the Administrator makes a determination

7 under subsection (b)(2) with respect to the regulation.’’.

8 (b) PUBLIC WATER SYSTEM SUPERVISION PRO9 GRAM.—Section 1443(a) (42 U.S.C. 300j–2(a)) is amend10 ed—

11 (1) in paragraph (3)—

12 (A) by striking ‘‘(3) A grant’’ and insert13 ing the following:

14 ‘‘(3) AMOUNT OF GRANT.—

15 ‘‘(A) IN GENERAL.—A grant’’; and

16 (B) by adding at the end the following:

17 ‘‘(B) DETERMINATION OF COSTS.—To de18 termine the costs of a grant recipient pursuant

19 to this paragraph, the Administrator shall, in

20 cooperation with the States and not later than

21 180 days after the date of enactment of this

22 subparagraph, establish a resource model for

23 the public water system supervision program

24 and review and revise the model as necessary.
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1 ‘‘(C) STATE COST ADJUSTMENTS.—The

2 Administrator shall revise cost estimates used

3 in the resource model for any particular State

4 to reflect costs more likely to be experienced in

5 that State, if—

6 ‘‘(i) the State requests the modifica7 tion; and

8 ‘‘(ii) the revised estimates ensure full

9 and effective administration of the public

10 water system supervision program in the

11 State and the revised estimates do not

12 overstate the resources needed to admin13 ister the program.’’;

14 (2) in paragraph (7), by adding at the end a

15 period and the following:

16 ‘‘For the purpose of making grants under paragraph (1),

17 there are authorized to be appropriated such sums as are

18 necessary for each of fiscal years 1992 and 1993 and

19 $100,000,000 for each of fiscal years 1994 through

20 2003.’’; and

21 (3) by adding at the end the following:

22 ‘‘(8) RESERVATION OF FUNDS BY THE ADMIN23 ISTRATOR.—If the Administrator assumes the pri24 mary enforcement responsibility of a State public

25 water system supervision program, the Adminis-
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1 trator may reserve from funds made available pursu2 ant to this subsection, an amount equal to the

3 amount that would otherwise have been provided to

4 the State pursuant to this subsection. The Adminis5 trator shall use the funds reserved pursuant to this

6 paragraph to ensure the full and effective adminis7 tration of a public water system supervision program

8 in the State.

9 ‘‘(9) STATE LOAN FUNDS.—

10 ‘‘(A) RESERVATION OF FUNDS.—For any

11 fiscal year for which the amount made available

12 to the Administrator by appropriations to carry

13 out this subsection is less than the amount that

14 the Administrator determines is necessary to

15 supplement funds made available pursuant to

16 paragraph (8) to ensure the full and effective

17 administration of a public water system super18 vision program in a State (based on the re19 source model developed under paragraph

20 (3)(B)), the Administrator may reserve from

21 the funds made available to the State under

22 section 1472 an amount that is equal to the

23 amount of the shortfall.

24 ‘‘(B) DUTY OF ADMINISTRATOR.—If the

25 Administrator reserves funds from the alloca-
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1 tion of a State under subparagraph (A), the

2 Administrator shall carry out in the State—

3 ‘‘(i) each of the activities that would

4 be required of the State if the State had

5 primary enforcement authority under sec6 tion 1413; and

7 ‘‘(ii) each of the activities required of

8 the State by this title, other than part C,

9 but not made a condition of the author10 ity.’’.

11 SEC. 19. MONITORING AND INFORMATION GATHERING.

12 (a) REGULATED CONTAMINANTS.—

13 (1) REVIEW OF EXISTING REQUIREMENTS.—

14 Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) is

15 amended—

16 (A) by designating the first and second

17 sentences as subparagraphs (A) and (B), re18 spectively; and

19 (B) by adding at the end the following:

20 ‘‘(C) REVIEW.—The Administrator shall

21 not later than 2 years after the date of enact22 ment of this subparagraph, after consultation

23 with public health experts, representatives of

24 the general public, and officials of State and

25 local governments, review the monitoring re-
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1 quirements for not fewer than 12 contaminants

2 identified by the Administrator, and promulgate

3 any necessary modifications.’’.

4 (2) ALTERNATIVE MONITORING PROGRAMS.—

5 Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as

6 amended by paragraph (1)(B)) is further amended

7 by adding at the end the following:

8 ‘‘(D) STATE-ESTABLISHED REQUIRE9 MENTS.—

10 ‘‘(i) IN GENERAL.—Each State with

11 primary enforcement responsibility under

12 section 1413 may, by rule, establish alter13 native monitoring requirements for any na14 tional primary drinking water regulation,

15 other than a regulation applicable to a mi16 crobial contaminant (or an indicator of a

17 microbial contaminant). The alternative

18 monitoring requirements established by a

19 State under this clause may not take effect

20 for any national primary drinking water

21 regulation until after completion of at least

22 1 full cycle of monitoring in the State sat23 isfying the requirements of paragraphs (1)

24 and (2) of section 1413(a). The alternative

25 monitoring requirements may be applicable
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1 to public water systems or classes of public

2 water systems identified by the State, in

3 lieu of the monitoring requirements that

4 would otherwise be applicable under the

5 regulation, if the alternative monitoring re6 quirements—

7 ‘‘(I) are based on use of the best

8 available science conducted in accord9 ance with sound and objective sci10 entific practices and data collected by

11 accepted methods;

12 ‘‘(II) are based on the potential

13 for the contaminant to occur in the

14 source water based on use patterns

15 and other relevant characteristics of

16 the contaminant or the systems sub17 ject to the requirements;

18 ‘‘(III) in the case of a public

19 water system or class of public water

20 systems in which a contaminant has

21 been detected at quantifiable levels

22 that are not reliably and consistently

23 below the maximum contaminant

24 level, include monitoring frequencies

25 that are not less frequent than the
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1 frequencies required in the national

2 primary drinking water regulation for

3 the contaminant for a period of 5

4 years after the detection; and

5 ‘‘(IV) in the case of each con6 taminant formed in the distribution

7 system, are not applicable to public

8 water systems for which treatment is

9 necessary to comply with the national

10 primary drinking water regulation.

11 ‘‘(ii) COMPLIANCE AND ENFORCE12 MENT.—The alternative monitoring re13 quirements established by the State shall

14 be adequate to ensure compliance with,

15 and enforcement of, each national primary

16 drinking water regulation. The State may

17 review and update the alternative monitor18 ing requirements as necessary.

19 ‘‘(iii) APPLICATION OF SECTION

20 1413.—

21 ‘‘(I) IN GENERAL.—Each State

22 establishing alternative monitoring re23 quirements under this subparagraph

24 shall submit the rule to the Adminis25 trator as provided in section
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1 1413(b)(1). Any requirements for a

2 State to provide information support3 ing a submission shall be defined only

4 in consultation with the States, and

5 shall address only such information as

6 is necessary to make a decision to ap7 prove or disapprove an alternative

8 monitoring rule in accordance with

9 the following sentence. The Adminis10 trator shall approve an alternative

11 monitoring rule submitted under this

12 clause for the purposes of section

13 1413, unless the Administrator deter14 mines in writing that the State rule

15 for alternative monitoring does not

16 ensure compliance with, and enforce17 ment of, the national primary drink18 ing water regulation for the contami19 nant or contaminants to which the

20 rule applies.

21 ‘‘(II) EXCEPTIONS.—The re22 quirements of section 1413(a)(1) that

23 a rule be no less stringent than the

24 national primary drinking water regu25 lation for the contaminant or contami-
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1 nants to which the rule applies shall

2 not apply to the decision of the Ad3 ministrator to approve or disapprove a

4 rule submitted under this clause. Not5 withstanding the requirements of sec6 tion 1413(b)(2), the Administrator

7 shall approve or disapprove a rule

8 submitted under this clause within

9 180 days of submission. In the ab10 sence of a determination to disapprove

11 a rule made by the Administrator

12 within 180 days, the rule shall be

13 deemed to be approved under section

14 1413(b)(2).

15 ‘‘(III) ADDITIONAL CONSIDER16 ATIONS.—A State shall be considered

17 to have primary enforcement author18 ity with regard to an alternative mon19 itoring rule, and the rule shall be ef20 fective, on a date (determined by the

21 State) any time on or after submis22 sion of the rule, consistent with sec23 tion 1413(c). A decision by the Ad24 ministrator to disapprove an alter25 native monitoring rule under section
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1 1413 or to withdraw the authority of

2 the State to carry out the rule under

3 clause (iv) may not be the basis for

4 withdrawing primary enforcement re5 sponsibility for a national primary

6 drinking water regulation or regula7 tions from the State under section

8 1413.

9 ‘‘(iv) OVERSIGHT BY THE ADMINIS10 TRATOR.—The Administrator shall review,

11 not less often than every 5 years, any al12 ternative monitoring requirements estab13 lished by a State under clause (i) to deter14 mine whether the requirements are ade15 quate to ensure compliance with, and en16 forcement of, national primary drinking

17 water regulations. If the Administrator de18 termines that the alternative monitoring

19 requirements of a State are inadequate

20 with respect to a contaminant, and after

21 providing the State with an opportunity to

22 respond to the determination of the Ad23 ministrator and to correct any inadequa24 cies, the Administrator may withdraw the

25 authority of the State to carry out the al-
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1 ternative monitoring requirements with re2 spect to the contaminant. If the Adminis3 trator withdraws the authority, the mon4 itoring requirements contained in the na5 tional primary drinking water regulation

6 for the contaminant shall apply to public

7 water systems in the State.

8 ‘‘(v) NONPRIMACY STATES.—The Gov9 ernor of any State that does not have pri10 mary enforcement responsibility under sec11 tion 1413 on the date of enactment of this

12 clause may submit to the Administrator a

13 request that the Administrator modify the

14 monitoring requirements established by the

15 Administrator and applicable to public

16 water systems in that State. After con17 sultation with the Governor, the Adminis18 trator shall modify the requirements for

19 public water systems in that State if the

20 request of the Governor is in accordance

21 with each of the requirements of this sub22 paragraph that apply to alternative mon23 itoring requirements established by States

24 that have primary enforcement responsibil25 ity. A decision by the Administrator to ap-
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1 prove a request under this clause shall be

2 for a period of 3 years and may subse3 quently be extended for periods of 5 years.

4 ‘‘(vi) GUIDANCE.—The Administrator

5 shall issue guidance in consultation with

6 the States that States may use to develop

7 State-established requirements pursuant to

8 this subparagraph and subparagraph (E).

9 The guidance shall identify options for al10 ternative monitoring designs that meet the

11 criteria identified in clause (i) and the re12 quirements of clause (ii).’’.

13 (3) SMALL SYSTEM MONITORING.—Section

14 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as amended

15 by paragraph (2)) is further amended by adding at

16 the end the following:

17 ‘‘(E) SMALL SYSTEM MONITORING.—The

18 Administrator or a State that has primary en19 forcement responsibility under section 1413

20 may modify the monitoring requirements for

21 any contaminant, other than a microbial con22 taminant or an indicator of a microbial con23 taminant, a contaminant regulated on the basis

24 of an acute health effect, or a contaminant

25 formed in the treatment process or in the dis-
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1 tribution system, to provide that any public

2 water system that serves a population of 10,000

3 or fewer shall not be required to conduct addi4 tional quarterly monitoring during any 3-year

5 period for a specific contaminant if monitoring

6 conducted at the beginning of the period for the

7 contaminant fails to detect the presence of the

8 contaminant in the water supplied by the public

9 water system, and the Administrator or the

10 State determines that the contaminant is un11 likely to be detected by further monitoring in

12 the period.’’.

13 (b) UNREGULATED CONTAMINANTS.—Section

14 1445(a) (42 U.S.C. 300j–4(a)) is amended by striking

15 paragraphs (2) through (8) and inserting the following:

16 ‘‘(2) MONITORING PROGRAM FOR UNREGU17 LATED CONTAMINANTS.—

18 ‘‘(A) ESTABLISHMENT.—The Adminis19 trator shall promulgate regulations establishing

20 the criteria for a monitoring program for un21 regulated contaminants. The regulations shall

22 require monitoring of drinking water supplied

23 by public water systems and shall vary the fre24 quency and schedule for monitoring require25 ments for systems based on the number of per-
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1 sons served by the system, the source of supply,

2 and the contaminants likely to be found.

3 ‘‘(B) MONITORING PROGRAM FOR CERTAIN

4 UNREGULATED CONTAMINANTS.—

5 ‘‘(i) INITIAL LIST.—Not later than 3

6 years after the date of enactment of the

7 Safe Drinking Water Amendments of 1995

8 and every 5 years thereafter, the Adminis9 trator shall issue a list pursuant to sub10 paragraph (A) of not more than 20 un11 regulated contaminants to be monitored by

12 public water systems and to be included in

13 the national drinking water occurrence

14 data base maintained pursuant to para15 graph (3).

16 ‘‘(ii) GOVERNORS’ PETITION.—The

17 Administrator shall include among the list

18 of contaminants for which monitoring is

19 required under this paragraph each con20 taminant recommended in a petition signed

21 by the Governor of each of 7 or more

22 States, unless the Administrator deter23 mines that the action would prevent the

24 listing of other contaminants of a higher

25 public health concern.
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1 ‘‘(C) MONITORING BY LARGE SYSTEMS.—A

2 public water system that serves a population of

3 more than 10,000 shall conduct monitoring for

4 all contaminants listed under subparagraph

5 (B).

6 ‘‘(D) MONITORING PLAN FOR SMALL AND

7 MEDIUM SYSTEMS.—

8 ‘‘(i) IN GENERAL.—Based on the reg9 ulations promulgated by the Administrator,

10 each State shall develop a representative

11 monitoring plan to assess the occurrence of

12 unregulated contaminants in public water

13 systems that serve a population of 10,000

14 or fewer. The plan shall require monitoring

15 for systems representative of different

16 sizes, types, and geographic locations in

17 the State.

18 ‘‘(ii) GRANTS FOR SMALL SYSTEM

19 COSTS.—From funds reserved under sec20 tion 1478(c), the Administrator shall pay

21 the reasonable cost of such testing and lab22 oratory analysis as are necessary to carry

23 out monitoring under the plan.

24 ‘‘(E) MONITORING RESULTS.—Each public

25 water system that conducts monitoring of un-
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1 regulated contaminants pursuant to this para2 graph shall provide the results of the monitor3 ing to the primary enforcement authority for

4 the system.

5 ‘‘(F) WAIVER OF MONITORING REQUIRE6 MENT.—The Administrator shall waive the re7 quirement for monitoring for a contaminant

8 under this paragraph in a State, if the State

9 demonstrates that the criteria for listing the

10 contaminant do not apply in that State.

11 ‘‘(G) ANALYTICAL METHODS.—The State

12 may use screening methods approved by the

13 Administrator under subsection (h) in lieu of

14 monitoring for particular contaminants under

15 this paragraph.

16 ‘‘(H) AUTHORIZATION OF APPROPRIA17 TIONS.—There are authorized to be appro18 priated to carry out this paragraph

19 $10,000,000 for each of fiscal years 1995

20 through 2003.’’.

21 (c) NATIONAL DRINKING WATER OCCURRENCE

22 DATABASE.—Section 1445(a) (42 U.S.C. 300j–4(a)) (as

23 amended by subsection (b)) is further amended by adding

24 at the end the following:
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1 ‘‘(3) NATIONAL DRINKING WATER OCCURRENCE

2 DATABASE.—

3 ‘‘(A) IN GENERAL.—Not later than 3 years

4 after the date of enactment of the Safe Drink5 ing Water Act Amendments of 1995, the Ad6 ministrator shall assemble and maintain a na7 tional drinking water occurrence data base,

8 using information on the occurrence of both

9 regulated and unregulated contaminants in

10 public water systems obtained under paragraph

11 (2) and reliable information from other public

12 and private sources.

13 ‘‘(B) USE.—The data shall be used by the

14 Administrator in making determinations under

15 section 1412(b)(1) with respect to the occur16 rence of a contaminant in drinking water at a

17 level of public health concern.

18 ‘‘(C) PUBLIC RECOMMENDATIONS.—The

19 Administrator shall periodically solicit rec20 ommendations from the appropriate officials of

21 the National Academy of Sciences and the

22 States, and any person may submit rec23 ommendations to the Administrator, with re24 spect to contaminants that should be included

25 in the national drinking water occurrence data
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1 base, including recommendations with respect

2 to additional unregulated contaminants that

3 should be listed under paragraph (2). Any rec4 ommendation submitted under this clause shall

5 be accompanied by reasonable documentation

6 that—

7 ‘‘(i) the contaminant occurs or is like8 ly to occur in drinking water; and

9 ‘‘(ii) the contaminant poses a risk to

10 public health.

11 ‘‘(D) PUBLIC AVAILABILITY.—The infor12 mation from the data base shall be available to

13 the public in readily accessible form.

14 ‘‘(E) REGULATED CONTAMINANTS.—With

15 respect to each contaminant for which a na16 tional primary drinking water regulation has

17 been established, the data base shall include in18 formation on the detection of the contaminant

19 at a quantifiable level in public water systems

20 (including detection of the contaminant at levels

21 not constituting a violation of the maximum

22 contaminant level for the contaminant).

23 ‘‘(F) UNREGULATED CONTAMINANTS.—

24 With respect to contaminants for which a na25 tional primary drinking water regulation has
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•HR 3038 IH

1 not been established, the data base shall in2 clude—

3 ‘‘(i) monitoring information collected

4 by public water systems that serve a popu5 lation of more than 10,000, as required by

6 the Administrator under paragraph (2);

7 ‘‘(ii) monitoring information collected

8 by the States from a representative sam9 pling of public water systems that serve a

10 population of 10,000 or fewer; and

11 ‘‘(iii) other reliable and appropriate

12 monitoring information on the occurrence

13 of the contaminants in public water sys14 tems that is available to the Adminis15 trator.’’.

16 (d) INFORMATION.—

17 (1) MONITORING AND TESTING AUTHORITY.—

18 Subparagraph (A) of section 1445(a)(1) (42 U.S.C.

19 300j–4(a)(1)) (as designated by subsection

20 (a)(1)(A)) is amended—

21 (A) by inserting ‘‘by accepted methods’’

22 after ‘‘conduct such monitoring’’; and

23 (B) by striking ‘‘such information as the

24 Administrator may reasonably require’’ and all

25 that follows through the period at the end and
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1 inserting the following: ‘‘such information as

2 the Administrator may reasonably require—

3 ‘‘(i) to assist the Administrator in establishing

4 regulations under this title or to assist the Adminis5 trator in determining, on a case-by-case basis,

6 whether the person has acted or is acting in compli7 ance with this title; and

8 ‘‘(ii) by regulation to assist the Administrator

9 in determining compliance with national primary

10 drinking water regulations promulgated under sec11 tion 1412 or in administering any program of finan12 cial assistance under this title.

13 If the Administrator is requiring monitoring for purposes

14 of testing new or alternative methods, the Administrator

15 may require the use of other than accepted methods. In16 formation requirements imposed by the Administrator

17 pursuant to the authority of this subparagraph that re18 quire monitoring, the establishment or maintenance of

19 records or reporting, by a substantial number of public

20 water systems (determined in the sole discretion of the Ad21 ministrator), shall be established by regulation as provided

22 in clause (ii).’’.

23 (2) SCREENING METHODS.—Section 1445 (42

24 U.S.C. 300j–4) (as amended by section 12(c)) is fur25 ther amended by adding at the end the following:
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•HR 3038 IH

1 ‘‘(h) SCREENING METHODS.—The Administrator

2 shall review new analytical methods to screen for regulated

3 contaminants and may approve such methods as are more

4 accurate or cost-effective than established reference meth5 ods for use in compliance monitoring.’’.

6 SEC. 20. PUBLIC NOTIFICATION.

7 Section 1414 (42 U.S.C. 300g–3) is amended by

8 striking subsection (c) and inserting the following:

9 ‘‘(c) NOTICE TO PERSONS SERVED.—

10 ‘‘(1) IN GENERAL.—Each owner or operator of

11 a public water system shall give notice to the per12 sons served by the system—

13 ‘‘(A) of any failure on the part of the pub14 lic water system to—

15 ‘‘(i) comply with an applicable maxi16 mum contaminant level or treatment tech17 nique requirement of, or a testing proce18 dure prescribed by, a national primary

19 drinking water regulation; or

20 ‘‘(ii) perform monitoring required by

21 section 1445(a);

22 ‘‘(B) if the public water system is subject

23 to a variance granted under section

24 1415(a)(1)(A), 1415(a)(2), or 1415(e) for an

25 inability to meet a maximum contaminant level
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1 requirement or is subject to an exemption

2 granted under section 1416, of—

3 ‘‘(i) the existence of the variance or

4 exemption; and

5 ‘‘(ii) any failure to comply with the

6 requirements of any schedule prescribed

7 pursuant to the variance or exemption; and

8 ‘‘(C) of the concentration level of any un9 regulated contaminant for which the Adminis10 trator has required public notice pursuant to

11 paragraph (2)(E).

12 ‘‘(2) FORM, MANNER, AND FREQUENCY OF NO13 TICE.—

14 ‘‘(A) IN GENERAL.—The Administrator

15 shall, by regulation, and after consultation with

16 the States, prescribe the manner, frequency,

17 form, and content for giving notice under this

18 subsection. The regulations shall—

19 ‘‘(i) provide for different frequencies

20 of notice based on the differences between

21 violations that are intermittent or infre22 quent and violations that are continuous or

23 frequent; and
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1 ‘‘(ii) take into account the seriousness

2 of any potential adverse health effects that

3 may be involved.

4 ‘‘(B) STATE REQUIREMENTS.—

5 ‘‘(i) IN GENERAL.—A State may, by

6 rule, establish alternative notification re7 quirements—

8 ‘‘(I) with respect to the form and

9 content of notice given under and in a

10 manner in accordance with subpara11 graph (C); and

12 ‘‘(II) with respect to the form

13 and content of notice given under sub14 paragraph (D).

15 ‘‘(ii) CONTENTS.—The alternative re16 quirements shall provide the same type and

17 amount of information as required pursu18 ant to this subsection and regulations is19 sued under subparagraph (A).

20 ‘‘(iii) RELATIONSHIP TO SECTION

21 1413.—Nothing in this subparagraph shall

22 be construed or applied to modify the re23 quirements of section 1413.

24 ‘‘(C) VIOLATIONS WITH POTENTIAL TO

25 HAVE SERIOUS ADVERSE EFFECTS ON HUMAN
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1 HEALTH.—Regulations issued under subpara2 graph (A) shall specify notification procedures

3 for each violation by a public water system that

4 has the potential to have serious adverse effects

5 on human health as a result of short-term expo6 sure. Each notice of violation provided under

7 this subparagraph shall—

8 ‘‘(i) be distributed as soon as prac9 ticable after the occurrence of the viola10 tion, but not later than 24 hours after the

11 occurrence of the violation;

12 ‘‘(ii) provide a clear and readily un13 derstandable explanation of—

14 ‘‘(I) the violation;

15 ‘‘(II) the potential adverse effects

16 on human health;

17 ‘‘(III) the steps that the public

18 water system is taking to correct the

19 violation; and

20 ‘‘(IV) the necessity of seeking al21 ternative water supplies until the vio22 lation is corrected;

23 ‘‘(iii) be provided to the Administrator

24 or the head of the State agency that has

25 primary enforcement responsibility under
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1 section 1413 as soon as practicable, but

2 not later than 24 hours after the occur3 rence of the violation; and

4 ‘‘(iv) as required by the State agency

5 in general regulations of the State agency,

6 or on a case-by-case basis after the con7 sultation referred to in clause (iii), consid8 ering the health risks involved—

9 ‘‘(I) be provided to appropriate

10 broadcast media;

11 ‘‘(II) be prominently published in

12 a newspaper of general circulation

13 serving the area not later than 1 day

14 after distribution of a notice pursuant

15 to clause (i) or the date of publication

16 of the next issue of the newspaper; or

17 ‘‘(III) be provided by posting or

18 door-to-door notification in lieu of no19 tification by means of broadcast

20 media or newspaper.

21 ‘‘(D) WRITTEN NOTICE.—

22 ‘‘(i) IN GENERAL.—Regulations issued

23 under subparagraph (A) shall specify noti24 fication procedures for violations other

25 than the violations covered by subpara-
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1 graph (C). The procedures shall specify

2 that a public water system shall provide

3 written notice to each person served by the

4 system by notice—

5 ‘‘(I) in the first bill (if any) pre6 pared after the date of occurrence of

7 the violation;

8 ‘‘(II) in an annual report issued

9 not later than 1 year after the date of

10 occurrence of the violation; or

11 ‘‘(III) by mail or direct delivery

12 as soon as practicable, but not later

13 than 1 year after the date of occur14 rence of the violation.

15 ‘‘(ii) FORM AND MANNER OF NO16 TICE.—The Administrator shall prescribe

17 the form and manner of the notice to pro18 vide a clear and readily understandable ex19 planation of—

20 ‘‘(I) the violation;

21 ‘‘(II) any potential adverse health

22 effects; and

23 ‘‘(III) the steps that the system

24 is taking to seek alternative water
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1 supplies, if any, until the violation is

2 corrected.

3 ‘‘(E) UNREGULATED CONTAMINANTS.—

4 The Administrator may require the owner or

5 operator of a public water system to give notice

6 to the persons served by the system of the con7 centration levels of an unregulated contaminant

8 required to be monitored under section 1445(a).

9 ‘‘(3) REPORTS.—

10 ‘‘(A) ANNUAL REPORT BY STATE.—

11 ‘‘(i) IN GENERAL.—Not later than

12 January 1, 1997, and annually thereafter,

13 each State that has primary enforcement

14 responsibility under section 1413 shall pre15 pare, make readily available to the public,

16 and submit to the Administrator an annual

17 report on violations of national primary

18 drinking water regulations by public water

19 systems in the State, including violations

20 with respect to—

21 ‘‘(I) maximum contaminant lev22 els;

23 ‘‘(II) treatment requirements;

24 ‘‘(III) variances and exemptions;

25 and
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1 ‘‘(IV) monitoring requirements

2 determined to be significant by the

3 Administrator after consultation with

4 the States.

5 ‘‘(ii) DISTRIBUTION.—The State shall

6 publish and distribute summaries of the re7 port and indicate where the full report is

8 available for review.

9 ‘‘(B) ANNUAL REPORT BY ADMINIS10 TRATOR.—Not later than July 1, 1997, and an11 nually thereafter, the Administrator shall pre12 pare and make available to the public an annual

13 report summarizing and evaluating reports sub14 mitted by States pursuant to subparagraph (A)

15 and notices submitted by public water systems

16 serving Indian Tribes provided to the Adminis17 trator pursuant to subparagraph (C) or (D) of

18 paragraph (2) and making recommendations

19 concerning the resources needed to improve

20 compliance with this title. The report shall in21 clude information about public water system

22 compliance on Indian reservations and about

23 enforcement activities undertaken and financial

24 assistance provided by the Administrator on In25 dian reservations, and shall make specific rec-
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1 ommendations concerning the resources needed

2 to improve compliance with this title on Indian

3 reservations.’’.

4 SEC. 21. ENFORCEMENT; JUDICIAL REVIEW.

5 (a) IN GENERAL.—Section 1414 (42 U.S.C. 300g–

6 3) is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1)—

9 (i) in subparagraph (A)—

10 (I) in clause (i), by striking ‘‘any

11 national primary drinking water regu12 lation in effect under section 1412’’

13 and inserting ‘‘any applicable require14 ment’’; and

15 (II) by striking ‘‘with such regu16 lation or requirement’’ and inserting

17 ‘‘with the requirement’’; and

18 (ii) in subparagraph (B), by striking

19 ‘‘regulation or’’ and inserting ‘‘applicable’’;

20 and

21 (B) by striking paragraph (2) and insert22 ing the following:

23 ‘‘(2) ENFORCEMENT IN NONPRIMACY

24 STATES.—
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1 ‘‘(A) IN GENERAL.—If, on the basis of in2 formation available to the Administrator, the

3 Administrator finds, with respect to a period in

4 which a State does not have primary enforce5 ment responsibility for public water systems,

6 that a public water system in the State—

7 ‘‘(i) for which a variance under sec8 tion 1415 or an exemption under section

9 1416 is not in effect, does not comply with

10 any applicable requirement; or

11 ‘‘(ii) for which a variance under sec12 tion 1415 or an exemption under section

13 1416 is in effect, does not comply with any

14 schedule or other requirement imposed

15 pursuant to the variance or exemption;

16 the Administrator shall issue an order under

17 subsection (g) requiring the public water system

18 to comply with the requirement, or commence a

19 civil action under subsection (b).

20 ‘‘(B) NOTICE.—If the Administrator takes

21 any action pursuant to this paragraph, the Ad22 ministrator shall notify an appropriate local

23 elected official, if any, with jurisdiction over the

24 public water system of the action prior to the

25 time that the action is taken.’’;
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1 (2) in the first sentence of subsection (b), by

2 striking ‘‘a national primary drinking water regula3 tion’’ and inserting ‘‘any applicable requirement’’;

4 (3) in subsection (g)—

5 (A) in paragraph (1), by striking ‘‘regula6 tion, schedule, or other’’ each place it appears

7 and inserting ‘‘applicable’’;

8 (B) in paragraph (2)—

9 (i) in the first sentence—

10 (I) by striking ‘‘effect until after

11 notice and opportunity for public

12 hearing and,’’ and inserting ‘‘effect,’’;

13 and

14 (II) by striking ‘‘proposed order’’

15 and inserting ‘‘order’’; and

16 (ii) in the second sentence, by striking

17 ‘‘proposed to be’’; and

18 (C) in paragraph (3)—

19 (i) by striking subparagraph (B) and

20 inserting the following:

21 ‘‘(B) EFFECT OF PENALTY AMOUNTS.—In

22 a case in which a civil penalty sought by the

23 Administrator under this paragraph does not

24 exceed $5,000, the penalty shall be assessed by

25 the Administrator after notice and opportunity
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1 for a public hearing (unless the person against

2 whom the penalty is assessed requests a hearing

3 on the record in accordance with section 554 of

4 title 5, United States Code). In a case in which

5 a civil penalty sought by the Administrator

6 under this paragraph exceeds $5,000, but does

7 not exceed $25,000, the penalty shall be as8 sessed by the Administrator after notice and

9 opportunity for a hearing on the record in ac10 cordance with section 554 of title 5, United

11 States Code.’’; and

12 (ii) in subparagraph (C), by striking

13 ‘‘paragraph exceeds $5,000’’ and inserting

14 ‘‘subsection for a violation of an applicable

15 requirement exceeds $25,000’’; and

16 (4) by adding at the end the following:

17 ‘‘(h) CONSOLIDATION INCENTIVE.—

18 ‘‘(1) IN GENERAL.—An owner or operator of a

19 public water system may submit to the State in

20 which the system is located (if the State has primary

21 enforcement responsibility under section 1413) or to

22 the Administrator (if the State does not have pri23 mary enforcement responsibility) a plan (including

24 specific measures and schedules) for—
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1 ‘‘(A) the physical consolidation of the sys2 tem with 1 or more other systems;

3 ‘‘(B) the consolidation of significant man4 agement and administrative functions of the

5 system with 1 or more other systems; or

6 ‘‘(C) the transfer of ownership of the sys7 tem that may reasonably be expected to im8 prove drinking water quality.

9 ‘‘(2) CONSEQUENCES OF APPROVAL.—If the

10 State or the Administrator approves a plan pursuant

11 to paragraph (1), no enforcement action shall be

12 taken pursuant to this part with respect to a specific

13 violation identified in the approved plan prior to the

14 date that is the earlier of the date on which consoli15 dation is completed according to the plan or the date

16 that is 2 years after the plan is approved.

17 ‘‘(i) DEFINITION OF APPLICABLE REQUIREMENT.—

18 In this section, the term ‘applicable requirement’ means—

19 ‘‘(1) a requirement of section 1412, 1414,

20 1415, 1416, 1417, 1441, or 1445;

21 ‘‘(2) a regulation promulgated pursuant to a

22 section referred to in paragraph (1);

23 ‘‘(3) a schedule or requirement imposed pursu24 ant to a section referred to in paragraph (1); and
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1 ‘‘(4) a requirement of, or permit issued under,

2 an applicable State program for which the Adminis3 trator has made a determination that the require4 ments of section 1413 have been satisfied, or an ap5 plicable State program approved pursuant to this

6 part.’’.

7 (b) STATE AUTHORITY FOR ADMINISTRATIVE PEN8 ALTIES.—Section 1413(a) (42 U.S.C. 300g–2(a)) is

9 amended—

10 (1) by striking ‘‘and’’ at the end of paragraph

11 (4);

12 (2) by striking the period at the end of para13 graph (5) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(6) has adopted authority for administrative

16 penalties (unless the constitution of the State pro17 hibits the adoption of the authority) in a maximum

18 amount—

19 ‘‘(A) in the case of a system serving a pop20 ulation of more than 10,000, that is not less

21 than $1,000 per day per violation; and

22 ‘‘(B) in the case of any other system, that

23 is adequate to ensure compliance (as deter24 mined by the State);
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1 except that a State may establish a maximum limita2 tion on the total amount of administrative penalties

3 that may be imposed on a public water system per

4 violation.’’.

5 (c) JUDICIAL REVIEW.—Section 1448(a) (42 U.S.C.

6 300j–7(a)) is amended—

7 (1) in paragraph (2) of the first sentence, by

8 inserting ‘‘final’’ after ‘‘any other’’;

9 (2) in the second sentence, by striking ‘‘or issu10 ance of the order’’ and inserting ‘‘or any other final

11 Agency action’’; and

12 (3) by adding at the end the following ‘‘In any

13 petition concerning the assessment of a civil penalty

14 pursuant to section 1414(g)(3)(B), the petitioner

15 shall simultaneously send a copy of the complaint by

16 certified mail to the Administrator and the Attorney

17 General. The court shall set aside and remand the

18 penalty order if the court finds that there is not sub19 stantial evidence in the record to support the finding

20 of a violation or that the assessment of the penalty

21 by the Administrator constitutes an abuse of discre22 tion.’’.

23 SEC. 22. FEDERAL AGENCIES.

24 (a) IN GENERAL.—Subsections (a) and (b) of section

25 1447 (42 U.S.C. 300j–6) are amended to read as follows:
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1 ‘‘(a) COMPLIANCE.—

2 ‘‘(1) IN GENERAL.—Each Federal agency shall

3 be subject to, and comply with, all Federal, State,

4 interstate, and local substantive and procedural re5 quirements, administrative authorities, and process

6 and sanctions concerning the provision of safe drink7 ing water or underground injection in the same

8 manner, and to the same extent, as any nongovern9 mental entity is subject to, and shall comply with,

10 the requirements, authorities, and process and sanc11 tions.

12 ‘‘(2) ADMINISTRATIVE ORDERS AND PEN13 ALTIES.—The Federal, State, interstate, and local

14 substantive and procedural requirements, adminis15 trative authorities, and process and sanctions re16 ferred to in paragraph (1) include all administrative

17 orders and all civil and administrative penalties or

18 fines, regardless of whether the penalties or fines are

19 punitive or coercive in nature or are imposed for iso20 lated, intermittent, or continuing violations.

21 ‘‘(3) LIMITED WAIVER OF SOVEREIGN IMMU22 NITY.—The United States expressly waives any im23 munity otherwise applicable to the United States

24 with respect to any requirement, administrative au25 thority, or process or sanction referred to in para-
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1 graph (2) (including any injunctive relief, adminis2 trative order, or civil or administrative penalty or

3 fine referred to in paragraph (2), or reasonable serv4 ice charge). The reasonable service charge referred

5 to in the preceding sentence includes—

6 ‘‘(A) a fee or charge assessed in connection

7 with the processing, issuance, renewal, or

8 amendment of a permit, variance, or exemption,

9 review of a plan, study, or other document, or

10 inspection or monitoring of a facility; and

11 ‘‘(B) any other nondiscriminatory charge

12 that is assessed in connection with a Federal,

13 State, interstate, or local safe drinking water

14 regulatory program.

15 ‘‘(4) CIVIL PENALTIES.—No agent, employee,

16 or officer of the United States shall be personally

17 liable for any civil penalty under this subsection with

18 respect to any act or omission within the scope of

19 the official duties of the agent, employee, or officer.

20 ‘‘(5) CRIMINAL SANCTIONS.—An agent, em21 ployee, or officer of the United States may be sub22 ject to a criminal sanction under a State, interstate,

23 or local law concerning the provision of drinking

24 water or underground injection. No department,

25 agency, or instrumentality of the executive, legisla-
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1 tive, or judicial branch of the Federal Government

2 shall be subject to a sanction referred to in the pre3 ceding sentence.

4 ‘‘(b) WAIVER OF COMPLIANCE.—

5 ‘‘(1) IN GENERAL.—The President may waive

6 compliance with subsection (a) by any department,

7 agency, or instrumentality in the executive branch if

8 the President determines waiving compliance with

9 such subsection to be in the paramount interest of

10 the United States.

11 ‘‘(2) WAIVERS DUE TO LACK OF APPROPRIA12 TIONS.—No waiver described in paragraph (1) shall

13 be granted due to the lack of an appropriation un14 less the President has specifically requested the ap15 propriation as part of the budgetary process and

16 Congress has failed to make available the requested

17 appropriation.

18 ‘‘(3) PERIOD OF WAIVER.—A waiver under this

19 subsection shall be for a period of not to exceed 1

20 year, but an additional waiver may be granted for a

21 period of not to exceed 1 year on the termination of

22 a waiver if the President reviews the waiver and

23 makes a determination that it is in the paramount

24 interest of the United States to grant an additional

25 waiver.
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1 ‘‘(4) REPORT.—Not later than January 31 of

2 each year, the President shall report to Congress on

3 each waiver granted pursuant to this subsection dur4 ing the preceding calendar year, together with the

5 reason for granting the waiver.’’.

6 (b) ADMINISTRATIVE PENALTY ORDERS.—Section

7 1447 (42 U.S.C. 300j–6) is amended by adding at the end

8 the following:

9 ‘‘(d) ADMINISTRATIVE PENALTY ORDERS.—

10 ‘‘(1) IN GENERAL.—If the Administrator finds

11 that a Federal agency has violated an applicable re12 quirement under this title, the Administrator may

13 issue a penalty order assessing a penalty against the

14 Federal agency.

15 ‘‘(2) PENALTIES.—The Administrator may,

16 after notice to the agency, assess a civil penalty

17 against the agency in an amount not to exceed

18 $25,000 per day per violation.

19 ‘‘(3) PROCEDURE.—Before an administrative

20 penalty order issued under this subsection becomes

21 final, the Administrator shall provide the agency an

22 opportunity to confer with the Administrator and

23 shall provide the agency notice and an opportunity

24 for a hearing on the record in accordance with chap25 ters 5 and 7 of title 5, United States Code.
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1 ‘‘(4) PUBLIC REVIEW.—

2 ‘‘(A) IN GENERAL.—Any interested person

3 may obtain review of an administrative penalty

4 order issued under this subsection. The review

5 may be obtained in the United States District

6 Court for the District of Columbia or in the

7 United States District Court for the district in

8 which the violation is alleged to have occurred

9 by the filing of a complaint with the court with10 in the 30-day period beginning on the date the

11 penalty order becomes final. The person filing

12 the complaint shall simultaneously send a copy

13 of the complaint by certified mail to the Admin14 istrator and the Attorney General.

15 ‘‘(B) RECORD.—The Administrator shall

16 promptly file in the court a certified copy of the

17 record on which the order was issued.

18 ‘‘(C) STANDARD OF REVIEW.—The court

19 shall not set aside or remand the order unless

20 the court finds that there is not substantial evi21 dence in the record, taken as a whole, to sup22 port the finding of a violation or that the as23 sessment of the penalty by the Administrator

24 constitutes an abuse of discretion.
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1 ‘‘(D) PROHIBITION ON ADDITIONAL PEN2 ALTIES.—The court may not impose an addi3 tional civil penalty for a violation that is subject

4 to the order unless the court finds that the as5 sessment constitutes an abuse of discretion by

6 the Administrator.’’.

7 (c) CITIZEN ENFORCEMENT.—The first sentence of

8 section 1449(a) (42 U.S.C. 300j–8(a)) is amended—

9 (1) in paragraph (1), by striking ‘‘, or’’ and in10 serting a semicolon;

11 (2) in paragraph (2), by striking the period at

12 the end and inserting ‘‘; or’’; and

13 (3) by adding at the end the following:

14 ‘‘(3) for the collection of a penalty (and associ15 ated costs and interest) against any Federal agency

16 that fails, by the date that is 1 year after the effec17 tive date of a final order to pay a penalty assessed

18 by the Administrator under section 1447(d), to pay

19 the penalty.’’.

20 (d) WASHINGTON AQUEDUCT.—Section 1447 (42

21 U.S.C. 300j–6) (as amended by subsection (b)) is further

22 amended by adding at the end the following:

23 ‘‘(e) WASHINGTON AQUEDUCT.—The Washington

24 Aqueduct Authority, the Army Corps of Engineers, and

25 the Secretary of the Army shall not pass the cost of any
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1 penalty assessed under this title on to any customer, user,

2 or other purchaser of drinking water from the Washington

3 Aqueduct system, including finished water from the

4 Dalecarlia or McMillan treatment plant.’’.

5 SEC. 23. RESEARCH.

6 Section 1442 (42 U.S.C. 300j–1) (as amended by sec7 tion 12(d)) is further amended—

8 (1) by redesignating paragraph (3) of sub9 section (b) as paragraph (3) of subsection (d) and

10 moving such paragraph to appear after paragraph

11 (2) of subsection (d);

12 (2) by striking subsection (b) (as so amended);

13 (3) by redesignating subparagraph (B) of sub14 section (a)(2) as subsection (b) and moving such

15 subsection to appear after subsection (a);

16 (4) in subsection (a)—

17 (A) by striking paragraph (2) (as so

18 amended) and inserting the following:

19 ‘‘(2) INFORMATION AND RESEARCH FACILI20 TIES.—In carrying out this title, the Administrator

21 is authorized to—

22 ‘‘(A) collect and make available informa23 tion pertaining to research, investigations, and

24 demonstrations with respect to providing a de25 pendably safe supply of drinking water, to-
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1 gether with appropriate recommendations in

2 connection with the information; and

3 ‘‘(B) make available research facilities of

4 the Agency to appropriate public authorities, in5 stitutions, and individuals engaged in studies

6 and research relating to this title.’’;

7 (B) by striking paragraph (3);

8 (C) by redesignating paragraph (11) as

9 paragraph (3) and moving such paragraph to

10 appear before paragraph (4); and

11 (D) by adding at the end the following:

12 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Ad14 ministrator to carry out research authorized by this

15 section $25,000,000 for each of fiscal years 1994

16 through 2003, of which $4,000,000 shall be avail17 able for each fiscal year for research on the health

18 effects of arsenic in drinking water.’’;

19 (5) in subsection (b) (as so amended)—

20 (A) by striking ‘‘subparagraph’’ each place

21 it appears and inserting ‘‘subsection’’; and

22 (B) by adding at the end the following:

23 ‘‘There are authorized to be appropriated to

24 carry out this subsection $8,000,000 for each of

25 fiscal years 1995 through 2003.’’;
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1 (6) in the first sentence of subsection (c), by

2 striking ‘‘eighteen months after the date of enact3 ment of this subsection’’ and inserting ‘‘2 years

4 after the date of enactment of the Safe Drinking

5 Water Act Amendments of 1995, and every 5 years

6 thereafter’’;

7 (7) in subsection (d) (as amended by paragraph

8 (1))—

9 (A) in paragraph (1), by striking ‘‘, and’’

10 at the end and inserting a semicolon;

11 (B) in paragraph (2), by striking the pe12 riod at the end and inserting a semicolon;

13 (C) in paragraph (3), by striking the pe14 riod at the end and inserting ‘‘; and’’;

15 (D) by inserting after paragraph (3) the

16 following:

17 ‘‘(4) develop and maintain a system for fore18 casting the supply of, and demand for, various pro19 fessional occupational categories and other occupa20 tional categories needed for the protection and treat21 ment of drinking water in each region of the United

22 States.’’; and

23 (E) by adding at the end the following:

24 ‘‘There are authorized to be appropriated to
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1 carry out this subsection $10,000,000 for each

2 of fiscal years 1994 through 2003.’’; and

3 (8) by adding at the end the following:

4 ‘‘(i) BIOLOGICAL MECHANISMS.—In carrying out this

5 section, the Administrator shall conduct studies to—

6 ‘‘(1) understand the mechanisms by which

7 chemical contaminants are absorbed, distributed,

8 metabolized, and eliminated from the human body,

9 so as to develop more accurate physiologically based

10 models of the phenomena;

11 ‘‘(2) understand the effects of contaminants

12 and the mechanisms by which the contaminants

13 cause adverse effects (especially noncancer and in14 fectious effects) and the variations in the effects

15 among humans, especially subpopulations at greater

16 risk of adverse effects, and between test animals and

17 humans; and

18 ‘‘(3) develop new approaches to the study of

19 complex mixtures, such as mixtures found in drink20 ing water, especially to determine the prospects for

21 synergistic or antagonistic interactions that may af22 fect the shape of the dose-response relationship of

23 the individual chemicals and microbes, and to exam24 ine noncancer endpoints and infectious diseases, and

25 susceptible individuals and subpopulations.
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1 ‘‘(j) RESEARCH PRIORITIES.—To establish long-term

2 priorities for research under this section, the Adminis3 trator shall develop, and periodically update, an integrated

4 risk characterization strategy for drinking water quality.

5 The strategy shall identify unmet needs, priorities for

6 study, and needed improvements in the scientific basis for

7 activities carried out under this title. The initial strategy

8 shall be made available to the public not later than 3 years

9 after the date of enactment of this subsection.

10 ‘‘(k) RESEARCH PLAN FOR HARMFUL SUBSTANCES

11 IN DRINKING WATER.—

12 ‘‘(1) DEVELOPMENT OF PLAN.—The Adminis13 trator shall—

14 ‘‘(A) not later than 180 days after the date

15 of enactment of this subsection, after consulta16 tion with the Secretary of Health and Human

17 Services, the Secretary of Agriculture, and, as

18 appropriate, the heads of other Federal agen19 cies, develop a research plan to support the de20 velopment and implementation of the most cur21 rent version of the—

22 ‘‘(i) enhanced surface water treatment

23 rule (59 Fed. Reg. 38832 (July 29,

24 1994));
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1 ‘‘(ii) disinfectant and disinfection by2 products rule (Stage 2) (59 Fed. Reg.

3 38668 (July 29, 1994)); and

4 ‘‘(iii) ground water disinfection rule

5 (availability of draft summary announced

6 at 57 Fed. Reg. 33960 (July 31, 1992));

7 and

8 ‘‘(B) carry out the research plan, after

9 consultation and appropriate coordination with

10 the Secretary of Agriculture and the heads of

11 other Federal agencies.

12 ‘‘(2) CONTENTS OF PLAN.—

13 ‘‘(A) IN GENERAL.—The research plan

14 shall include, at a minimum—

15 ‘‘(i) an identification and character16 ization of new disinfection byproducts asso17 ciated with the use of different disinfect18 ants;

19 ‘‘(ii) toxicological studies and, if war20 ranted, epidemiological studies to deter21 mine what levels of exposure from dis22 infectants and disinfection byproducts, if

23 any, may be associated with developmental

24 and birth defects and other potential toxic

25 end points;
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1 ‘‘(iii) toxicological studies and, if war2 ranted, epidemiological studies to quantify

3 the carcinogenic potential from exposure to

4 disinfection byproducts resulting from dif5 ferent disinfectants;

6 ‘‘(iv) the development of practical an7 alytical methods for detecting and enumer8 ating microbial contaminants, including

9 giardia, cryptosporidium, and viruses;

10 ‘‘(v) the development of reliable, effi11 cient, and economical methods to deter12 mine the viability of individual

13 cryptosporidium oocysts;

14 ‘‘(vi) the development of dose-response

15 curves for pathogens, including

16 cryptosporidium and the Norwalk virus;

17 ‘‘(vii) the development of indicators

18 that define treatment effectiveness for

19 pathogens and disinfection byproducts; and

20 ‘‘(viii) bench, pilot, and full-scale

21 studies and demonstration projects to

22 evaluate optimized conventional treatment,

23 ozone, granular activated carbon, and

24 membrane technology for controlling
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1 pathogens (including cryptosporidium) and

2 disinfection byproducts.

3 ‘‘(B) RISK DEFINITION STRATEGY.—The

4 research plan shall include a strategy for deter5 mining the risks and estimated extent of dis6 ease resulting from pathogens, disinfectants,

7 and disinfection byproducts in drinking water,

8 and the costs and removal efficiencies associ9 ated with various control methods for patho10 gens, disinfectants, and disinfection byproducts.

11 ‘‘(3) IMPLEMENTATION OF PLAN.—In carrying

12 out the research plan, the Administrator shall use

13 the most cost-effective mechanisms available, includ14 ing coordination of research with, and use of match15 ing funds from, institutions and utilities.

16 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated to carry out

18 this subsection $12,500,000 for each of fiscal years

19 1997 through 2003.

20 ‘‘(l) SUBPOPULATIONS AT GREATER RISK.—

21 ‘‘(1) RESEARCH PLAN.—The Administrator

22 shall conduct a continuing program of peer-reviewed

23 research to identify groups within the general popu24 lation that may be at greater risk than the general

25 population of adverse health effects from exposure to
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1 contaminants in drinking water. Not later than 1

2 year after the date of enactment of this subsection,

3 the Administrator shall develop and implement a re4 search plan to establish whether and to what degree

5 infants, children, pregnant women, the elderly, indi6 viduals with a history of serious illness, or other sub7 populations that can be identified and characterized

8 are likely to experience elevated health risks, includ9 ing risks of cancer, from contaminants in drinking

10 water.

11 ‘‘(2) CONTENTS OF PLAN.—To the extent ap12 propriate, the research shall be—

13 ‘‘(A) integrated into the health effects re14 search plan carried out by the Administrator to

15 support the regulation of specific contaminants

16 under this Act; and

17 ‘‘(B) designed to identify—

18 ‘‘(i) the nature and extent of the ele19 vated health risks, if any;

20 ‘‘(ii) the groups likely to experience

21 the elevated health risks;

22 ‘‘(iii) biological mechanisms and other

23 factors that may contribute to elevated

24 health risks for groups within the general

25 population;
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1 ‘‘(iv) the degree of variability of the

2 health risks to the groups from the health

3 risks to the general population;

4 ‘‘(v) the threshold, if any, at which

5 the elevated health risks for a specific con6 taminant occur; and

7 ‘‘(vi) the probability of the exposure

8 to the contaminants by the identified

9 group.

10 ‘‘(3) REPORT.—Not later than 4 years after the

11 date of enactment of this subsection and periodically

12 thereafter as new and significant information be13 comes available, the Administrator shall report to

14 Congress on the results of the research.

15 ‘‘(4) USE OF RESEARCH.—In characterizing the

16 health effects of drinking water contaminants under

17 this Act, the Administrator shall consider all rel18 evant factors, including the results of research under

19 this subsection, the margin of safety for variability

20 in the general population, and sound scientific prac21 tices (including the 1993 and 1994 reports of the

22 National Academy of Sciences) regarding subpopula23 tions at greater risk for adverse health effects.’’.
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1 SEC. 24. DEFINITIONS.

2 (a) IN GENERAL.—Section 1401 (42 U.S.C. 300f) is

3 amended—

4 (1) in paragraph (1)—

5 (A) in subparagraph (D), by inserting ‘‘ac6 cepted methods for’’ before ‘‘quality control’’;

7 and

8 (B) by adding at the end the following:

9 ‘‘At any time after promulgation of a regulation re10 ferred to in this paragraph, the Administrator may

11 add equally effective quality control and testing pro12 cedures by guidance published in the Federal Reg13 ister. The procedures shall be treated as an alter14 native for public water systems to the quality control

15 and testing procedures listed in the regulation.’’;

16 (2) in paragraph (13)—

17 (A) by striking ‘‘The’’ and inserting ‘‘(A)

18 Except as provided in subparagraph (B), the’’;

19 and

20 (B) by adding at the end the following:

21 ‘‘(B) For purposes of part G, the term ‘State’

22 means each of the 50 States and the Commonwealth

23 of Puerto Rico.’’;

24 (3) in paragraph (14), by adding at the end the

25 following: ‘‘For purposes of part G, the term in26 cludes any Native village (as defined in section 3(c)
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1 of the Alaska Native Claims Settlement Act (43

2 U.S.C. 1602(c))).’’; and

3 (4) by adding at the end the following:

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

5 ‘community water system’ means a public water sys6 tem that—

7 ‘‘(A) serves at least 15 service connections

8 used by year-round residents of the area served

9 by the system; or

10 ‘‘(B) regularly serves at least 25 year11 round residents.

12 ‘‘(16) NONCOMMUNITY WATER SYSTEM.—The

13 term ‘noncommunity water system’ means a public

14 water system that is not a community water sys15 tem.’’.

16 (b) PUBLIC WATER SYSTEM.—

17 (1) IN GENERAL.—Section 1401(4) (42 U.S.C.

18 300f(4)) is amended—

19 (A) in the first sentence, by striking

20 ‘‘piped water for human consumption’’ and in21 serting ‘‘water for human consumption through

22 pipes or other constructed conveyances’’;

23 (B) by redesignating subparagraphs (A)

24 and (B) as clauses (i) and (ii), respectively;
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1 (C) by striking ‘‘(4) The’’ and inserting

2 the following:

3 ‘‘(4) PUBLIC WATER SYSTEM.—

4 ‘‘(A) IN GENERAL.—The’’; and

5 (D) by adding at the end the following:

6 ‘‘(B) CONNECTIONS.—

7 ‘‘(i) IN GENERAL.—For purposes of

8 subparagraph (A), a connection to a sys9 tem that delivers water by a constructed

10 conveyance other than a pipe shall not be

11 considered a connection, if—

12 ‘‘(I) the water is used exclusively

13 for purposes other than residential

14 uses (consisting of drinking, bathing,

15 and cooking, or other similar uses);

16 ‘‘(II) the Administrator or the

17 State (in the case of a State exercis18 ing primary enforcement responsibility

19 for public water systems) determines

20 that alternative water to achieve the

21 equivalent level of public health pro22 tection provided by the applicable na23 tional primary drinking water regula24 tion is provided for residential or simi25 lar uses for drinking and cooking; or
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1 ‘‘(III) the Administrator or the

2 State (in the case of a State exercis3 ing primary enforcement responsibility

4 for public water systems) determines

5 that the water provided for residential

6 or similar uses for drinking and cook7 ing is centrally treated or treated at

8 the point of entry by the provider, a

9 pass-through entity, or the user to

10 achieve the equivalent level of protec11 tion provided by the applicable na12 tional primary drinking water regula13 tions.

14 ‘‘(ii) IRRIGATION DISTRICTS.—An irri15 gation district in existence prior to May

16 18, 1994, that provides primarily agricul17 tural service through a piped water system

18 with only incidental residential use shall

19 not be considered to be a public water sys20 tem if the system or the residential users

21 of the system comply with subclause (II)

22 or (III) of clause (i).

23 ‘‘(C) TRANSITION PERIOD.—A water sup24 plier that would be a public water system only

25 as a result of modifications made to this para-
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1 graph by the Safe Drinking Water Act Amend2 ments of 1995 shall not be considered a public

3 water system for purposes of the Act until the

4 date that is two years after the date of enact5 ment of this subparagraph, if during such two6 year period the water supplier complies with the

7 monitoring requirements of the Surface Water

8 Treatment Rule and no indicator of microbial

9 contamination is exceeded during that period. If

10 a water supplier does not serve 15 service con11 nections (as defined in subparagraphs (A) and

12 (B)) or 25 people at any time after the conclu13 sion of the two-year period, the water supplier

14 shall not be considered a public water system.’’.

15 SEC. 25. WATERSHED AND GROUND WATER PROTECTION.

16 (a) STATE GROUND WATER PROTECTION GRANTS.—

17 Section 1443 (42 U.S.C. 300j–2) is amended—

18 (1) by redesignating subsection (c) as sub19 section (d); and

20 (2) by inserting after subsection (b) the follow21 ing:

22 ‘‘(c) STATE GROUND WATER PROTECTION

23 GRANTS.—

24 ‘‘(1) IN GENERAL.—The Administrator may

25 make a grant to a State for the development and
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1 implementation of a State program to ensure the co2 ordinated and comprehensive protection of ground

3 water resources within the State.

4 ‘‘(2) GUIDANCE.—Not later than 1 year after

5 the date of enactment of the Safe Drinking Water

6 Act Amendments of 1995, and annually thereafter,

7 the Administrator shall publish guidance that estab8 lishes procedures for application for State ground

9 water protection program assistance and that identi10 fies key elements of State ground water protection

11 programs.

12 ‘‘(3) CONDITIONS OF GRANTS.—

13 ‘‘(A) IN GENERAL.—The Administrator

14 shall award grants to States that submit an ap15 plication that is approved by the Administrator.

16 The Administrator shall determine the amount

17 of a grant awarded pursuant to this paragraph

18 on the basis of an assessment of the extent of

19 ground water resources in the State and the

20 likelihood that awarding the grant will result in

21 sustained and reliable protection of ground

22 water quality.

23 ‘‘(B) INNOVATIVE PROGRAM GRANTS.—

24 The Administrator may also award a grant pur25 suant to this paragraph for innovative programs
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1 proposed by a State for the prevention of

2 ground water contamination.

3 ‘‘(C) ALLOCATION OF FUNDS.—The Ad4 ministrator shall, at a minimum, ensure that,

5 for each fiscal year, not less than 1 percent of

6 funds made available to the Administrator by

7 appropriations to carry out this subsection are

8 allocated to each State that submits an applica9 tion that is approved by the Administrator pur10 suant to this subsection.

11 ‘‘(D) LIMITATION ON GRANTS.—No grant

12 awarded by the Administrator may be used for

13 a project to remediate ground water contamina14 tion.

15 ‘‘(4) COORDINATION WITH OTHER GRANT PRO16 GRAMS.—The awarding of grants by the Adminis17 trator pursuant to this subsection shall be coordi18 nated with the awarding of grants pursuant to sec19 tion 319(i) of the Federal Water Pollution Control

20 Act (33 U.S.C. 1329(i)) and the awarding of other

21 Federal grant assistance that provides funding for

22 programs related to ground water protection.

23 ‘‘(5) AMOUNT OF GRANTS.—The amount of a

24 grant awarded pursuant to paragraph (1) shall not

25 exceed 50 percent of the eligible costs of carrying
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1 out the ground water protection program that is the

2 subject of the grant (as determined by the Adminis3 trator) for the 1-year period beginning on the date

4 that the grant is awarded. The State shall pay a

5 State share to cover the costs of the ground water

6 protection program from State funds in an amount

7 that is not less than 50 percent of the cost of con8 ducting the program.

9 ‘‘(6) EVALUATIONS AND REPORTS.—Not later

10 than 3 years after the date of enactment of the Safe

11 Drinking Water Act Amendments of 1995, and

12 every 3 years thereafter, the Administrator shall

13 evaluate the State ground water protection programs

14 that are the subject of grants awarded pursuant to

15 this subsection and report to Congress on the status

16 of ground water quality in the United States and the

17 effectiveness of State programs for ground water

18 protection.

19 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated to carry out

21 this subsection $20,000,000 for each of fiscal years

22 1995 through 2003.’’.

23 (b) CRITICAL AQUIFER PROTECTION.—Section 1427

24 (42 U.S.C. 300h–6) is amended—
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1 (1) in subsection (b)(1), by striking ‘‘not later

2 than 24 months after the enactment of the Safe

3 Drinking Water Act Amendments of 1986’’; and

4 (2) in the first sentence of subsection (n), by

5 adding at the end the following:

‘‘1992–2003 .............................................................................. 15,000,000.’’.

6 (c) WELLHEAD PROTECTION AREAS.—Section

7 1428(k) (42 U.S.C. 300h–7(k)) is amended by adding at

8 the end the following:

‘‘1992–2003 .............................................................................. 30,000,000.’’.

9 (d) UNDERGROUND INJECTION CONTROL GRANT.—

10 Section 1443(b)(5) (42 U.S.C. 300j–2(b)(5)) is amended

11 by adding at the end the following:

‘‘1992–2003 .............................................................................. 15,000,000.’’.

12 (e) REPORT TO CONGRESS ON PRIVATE DRINKING

13 WATER.—Section 1450 (42 U.S.C. 300j–9) is amended by

14 striking subsection (h) and inserting the following:

15 ‘‘(h) REPORT TO CONGRESS ON PRIVATE DRINKING

16 WATER.—The Administrator shall conduct a study to de17 termine the extent and seriousness of contamination of

18 private sources of drinking water that are not regulated

19 under this title. Not later than 3 years after the date of

20 enactment of the Safe Drinking Water Act Amendments

21 of 1995, the Administrator shall submit to Congress a re22 port that includes the findings of the study and rec23 ommendations by the Administrator concerning responses
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1 to any problems identified under the study. In designing

2 and conducting the study, including consideration of re3 search design, methodology, and conclusions and rec4 ommendations, the Administrator shall consult with ex5 perts outside the Agency, including scientists,

6 hydrogeologists, well contractors and suppliers, and other

7 individuals knowledgeable in ground water protection and

8 remediation.’’.

9 (f) NATIONAL CENTER FOR GROUND WATER RE10 SEARCH.—The Administrator of the Environmental Pro11 tection Agency, acting through the Robert S. Kerr Envi12 ronmental Research Laboratory, is authorized to reestab13 lish a partnership between the Laboratory and the Na14 tional Center for Ground Water Research, a university

15 consortium, to conduct research, training, and technology

16 transfer for ground water quality protection and restora17 tion.

18 (g) WATERSHED PROTECTION DEMONSTRATION

19 PROGRAM.—

20 (1) The heading of section 1443 (42 U.S.C.) is

21 amended to read as follows:

22 ‘‘Grants for State and local programs’’

23 (2) Section 1443 (42 U.S.C.) is amended by

24 adding at the end thereof the following:
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1 ‘‘(e) WATERSHED PROTECTION DEMONSTRATION

2 PROGRAM.—

3 ‘‘(1) IN GENERAL.—

4 ‘‘(A) ASSISTANCE FOR DEMONSTRATION

5 PROJECTS.—The Administrator is authorized to

6 provide technical and financial assistance to

7 units of State or local government for projects

8 that demonstrate and assess innovative and en9 hanced methods and practices to develop and

10 implement watershed protection programs in11 cluding methods and practices that protect both

12 surface and ground water. In selecting projects

13 for assistance under this subsection, the Admin14 istrator shall give priority to projects that are

15 carried out to satisfy criteria published under

16 section 1412(b)(7)(C) or that are identified

17 through programs developed and implemented

18 pursuant to section 1428.

19 ‘‘(B) MATCHING REQUIREMENTS.—Federal

20 assistance provided under this subsection shall

21 not exceed 35 percent of the total cost of the

22 protection program being carried out for any

23 particular watershed or ground water recharge

24 area.
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1 ‘‘(2) NEW YORK CITY WATERSHED PROTECTION

2 PROGRAM.—

3 ‘‘(A) IN GENERAL.—Pursuant to the au4 thority of paragraph (1), the Administrator is

5 authorized to provide financial assistance to the

6 State of New York for demonstration projects

7 implemented as part of the watershed program

8 for the protection and enhancement of the qual9 ity of source waters of the New York City water

10 supply system. Demonstration projects which

11 shall be eligible for financial assistance shall be

12 certified to the Administrator by the State of

13 New York as satisfying the purposes of this

14 subsection and shall include those projects that

15 demonstrate, assess, or provide for comprehen16 sive monitoring, surveillance, and research with

17 respect to the efficacy of phosphorus offsets or

18 trading, wastewater diversion, septic system

19 siting and maintenance, innovative or enhanced

20 wastewater treatment technologies, innovative

21 methodologies for the control of storm water

22 runoff, urban, agricultural, and forestry best

23 management practices for controlling nonpoint

24 source pollution, operator training, compliance

25 surveillance and that establish watershed or
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1 basin-wide coordinating, planning or governing

2 organizations. In certifying projects to the Ad3 ministrator, the State of New York shall give

4 priority to these monitoring and research

5 projects that have undergone peer review.

6 ‘‘(B) REPORT.—Not later than 5 years

7 after the date on which the Administrator first

8 provides assistance pursuant to this paragraph,

9 the Governor of the State of New York shall

10 submit a report to the Administrator on the re11 sults of projects assisted.

12 ‘‘(3) AUTHORIZATION.—There are authorized to

13 be appropriated to the Administrator such sums as

14 are necessary to carry out this subsection for each

15 of fiscal years 1997 through 2003 including

16 $15,000,000 for each of such fiscal years for the

17 purpose of providing assistance to the State of New

18 York to carry out paragraph (2).’’.

19 SEC. 26. LEAD PLUMBING AND PIPES; RETURN FLOWS.

20 (a) FITTINGS AND FIXTURES.—Section 1417 (42

21 U.S.C. 300g–6) is amended—

22 (1) in subsection (a)—

23 (A) by striking paragraph (1) and insert24 ing the following:

25 ‘‘(1) PROHIBITIONS.—
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1 ‘‘(A) IN GENERAL.—No person may use

2 any pipe, any pipe or plumbing fitting or fix3 ture, any solder, or any flux, after June 19,

4 1986, in the installation or repair of—

5 ‘‘(i) any public water system; or

6 ‘‘(ii) any plumbing in a residential or

7 nonresidential facility providing water for

8 human consumption,

9 that is not lead free (within the meaning of

10 subsection (d)).

11 ‘‘(B) LEADED JOINTS.—Subparagraph (A)

12 shall not apply to leaded joints necessary for

13 the repair of cast iron pipes.’’;

14 (B) in paragraph (2)(A), by inserting after

15 ‘‘Each’’ the following: ‘‘owner or operator of a’’;

16 and

17 (C) by adding at the end the following:

18 ‘‘(3) UNLAWFUL ACTS.—Effective 2 years after

19 the date of enactment of this paragraph, it shall be

20 unlawful—

21 ‘‘(A) for any person to introduce into com22 merce any pipe, or any pipe or plumbing fitting

23 or fixture, that is not lead free, except for a

24 pipe that is used in manufacturing or industrial

25 processing;
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1 ‘‘(B) for any person engaged in the busi2 ness of selling plumbing supplies, except manu3 facturers, to sell solder or flux that is not lead

4 free; or

5 ‘‘(C) for any person to introduce into com6 merce any solder or flux that is not lead free

7 unless the solder or flux bears a prominent

8 label stating that it is illegal to use the solder

9 or flux in the installation or repair of any

10 plumbing providing water for human consump11 tion.’’;

12 (2) in subsection (d)—

13 (A) in paragraph (1), by striking ‘‘lead,

14 and’’ and inserting ‘‘lead;’’;

15 (B) in paragraph (2), by striking ‘‘lead.’’

16 and inserting ‘‘lead; and’’; and

17 (C) by adding at the end the following:

18 ‘‘(3) when used with respect to plumbing fit19 tings and fixtures, refers to plumbing fittings and

20 fixtures in compliance with standards established in

21 accordance with subsection (e).’’; and

22 (3) by adding at the end the following:

23 ‘‘(e) PLUMBING FITTINGS AND FIXTURES.—

24 ‘‘(1) IN GENERAL.—The Administrator shall

25 provide accurate and timely technical information
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1 and assistance to qualified third-party certifiers in

2 the development of voluntary standards and testing

3 protocols for the leaching of lead from new plumbing

4 fittings and fixtures that are intended by the manu5 facturer to dispense water for human ingestion.

6 ‘‘(2) STANDARDS.—

7 ‘‘(A) IN GENERAL.—If a voluntary stand8 ard for the leaching of lead is not established

9 by the date that is 1 year after the date of en10 actment of this subsection, the Administrator

11 shall, not later than 2 years after the date of

12 enactment of this subsection, promulgate regu13 lations setting a health-effects-based perform14 ance standard establishing maximum leaching

15 levels from new plumbing fittings and fixtures

16 that are intended by the manufacturer to dis17 pense water for human ingestion. The standard

18 shall become effective on the date that is 5

19 years after the date of promulgation of the

20 standard.

21 ‘‘(B) ALTERNATIVE REQUIREMENT.—If

22 regulations are required to be promulgated

23 under subparagraph (A) and have not been pro24 mulgated by the date that is 5 years after the

25 date of enactment of this subsection, no person
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1 may import, manufacture, process, or distribute

2 in commerce a new plumbing fitting or fixture,

3 intended by the manufacturer to dispense water

4 for human ingestion, that contains more than 4

5 percent lead by dry weight.’’.

6 (b) WATER RETURN FLOWS.—Section 3013 of Pub7 lic Law 102–486 (42 U.S.C. 13551) is repealed.

8 (c) RECORDS AND INSPECTIONS.—Subparagraph (A)

9 of section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as des10 ignated by section 19(a)(1)(A)) is amended by striking

11 ‘‘Every person’’ and all that follows through ‘‘is a grant12 ee,’’ and inserting ‘‘Every person who is subject to any

13 requirement of this title or who is a grantee’’.

14 SEC. 27. BOTTLED WATER.

15 Section 410 of the Federal Food, Drug, and Cosmetic

16 Act (21 U.S.C. 349) is amended—

17 (1) by striking ‘‘Whenever’’ and inserting ‘‘(a)

18 Except as provided in subsection (b), whenever’’;

19 and

20 (2) by adding at the end the following:

21 ‘‘(b)(1) After the Administrator of the Environmental

22 Protection Agency publishes a proposed maximum con23 taminant level, but not later than 180 days after the Ad24 ministrator of the Environmental Protection Agency pub25 lishes a final maximum contaminant level, for a contami-
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1 nant under section 1412 of the Public Health Service Act

2 (42 U.S.C. 300g–1), the Secretary, after public notice and

3 comment, shall issue a regulation that establishes a qual4 ity level for the contaminant in bottled water or make a

5 finding that a regulation is not necessary to protect the

6 public health because the contaminant is contained in

7 water in the public water systems (as defined under sec8 tion 1401(4) of such Act (42 U.S.C. 300f(4)) and not in

9 water used for bottled drinking water. In the case of any

10 contaminant for which a national primary drinking water

11 regulation was promulgated before the date of enactment

12 of the Safe Drinking Water Act Amendments of 1995, the

13 Secretary shall issue the regulation or make the finding

14 required by this paragraph not later than 1 year after that

15 date.

16 ‘‘(2) The regulation shall include any monitoring re17 quirements that the Secretary determines to be appro18 priate for bottled water.

19 ‘‘(3) The regulation—

20 ‘‘(A) shall require that the quality level for the

21 contaminant in bottled water be as stringent as the

22 maximum contaminant level for the contaminant

23 published by the Administrator of the Environ24 mental Protection Agency; and
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1 ‘‘(B) may require that the quality level be more

2 stringent than the maximum contaminant level if

3 necessary to provide ample public health protection

4 under this Act.

5 ‘‘(4)(A) If the Secretary fails to establish a regulation

6 within the period described in paragraph (1), the regula7 tion with respect to the final maximum contaminant level

8 published by the Administrator of the Environmental Pro9 tection Agency (as described in such paragraph) shall be

10 considered, as of the date on which the Secretary is re11 quired to establish a regulation under paragraph (1), as

12 the final regulation for the establishment of the quality

13 level for a contaminant required under paragraph (1) for

14 the purpose of establishing or amending a bottled water

15 quality level standard with respect to the contaminant.

16 ‘‘(B) Not later than 30 days after the end of the pe17 riod described in paragraph (1), the Secretary shall, with

18 respect to a maximum contaminant level that is considered

19 as a quality level under subparagraph (A), publish a notice

20 in the Federal Register that sets forth the quality level

21 and appropriate monitoring requirements required under

22 paragraphs (1) and (2) and that provides that the quality

23 level standard and requirements shall take effect on the

24 date on which the final regulation of the maximum con25 taminant level takes effect or 18 months after the notice
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1 is issued pursuant to this subparagraph, whichever is

2 later.’’.

3 SEC. 28. OTHER AMENDMENTS.

4 (a) CAPITAL IMPROVEMENTS FOR THE WASHINGTON

5 AQUEDUCT.—

6 (1) AUTHORIZATIONS.—

7 (A) AUTHORIZATION OF MODERNIZA8 TION.—Subject to approval in, and in such

9 amounts as may be provided in appropriations

10 Acts, the Chief of Engineers of the Army Corps

11 of Engineers is authorized to modernize the

12 Washington Aqueduct.

13 (B) AUTHORIZATION OF APPROPRIA14 TIONS.—There is authorized to be appropriated

15 to the Army Corps of Engineers borrowing au16 thority in amounts sufficient to cover the full

17 costs of modernizing the Washington Aqueduct.

18 The borrowing authority shall be provided by

19 the Secretary of the Treasury, under such

20 terms and conditions as are established by the

21 Secretary of the Treasury, after a series of con22 tracts with each public water supply customer

23 has been entered into under paragraph (2).

24 (2) CONTRACTS WITH PUBLIC WATER SUPPLY

25 CUSTOMERS.—
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1 (A) CONTRACTS TO REPAY CORPS DEBT.—

2 To the extent provided in appropriations Acts,

3 and in accordance with subparagraphs (B) and

4 (C), the Chief of Engineers of the Army Corps

5 of Engineers is authorized to enter into a series

6 of contracts with each public water supply cus7 tomer under which the customer commits to

8 repay a pro-rata share of the principal and in9 terest owed by the Army Corps of Engineers to

10 the Secretary of the Treasury under paragraph

11 (1). Under each of the contracts, the customer

12 that enters into the contract shall commit to

13 pay any additional amount necessary to fully

14 offset the risk of default on the contract.

15 (B) OFFSETTING OF RISK OF DEFAULT.—

16 Each contract under subparagraph (A) shall in17 clude such additional terms and conditions as

18 the Secretary of the Treasury may require so

19 that the value to the Government of the con20 tracts is estimated to be equal to the

21 obligational authority used by the Army Corps

22 of Engineers for modernizing the Washington

23 Aqueduct at the time that each series of con24 tracts is entered into.
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1 (C) OTHER CONDITIONS.—Each contract

2 entered into under subparagraph (A) shall—

3 (i) provide that the public water sup4 ply customer pledges future income from

5 fees assessed to operate and maintain the

6 Washington Aqueduct;

7 (ii) provide the United States priority

8 over all other creditors; and

9 (iii) include other conditions that the

10 Secretary of the Treasury determines to be

11 appropriate.

12 (3) BORROWING AUTHORITY.—Subject to an

13 appropriation under paragraph (1)(B) and after en14 tering into a series of contracts under paragraph

15 (2), the Secretary, acting through the Chief of Engi16 neers of the Army Corps of Engineers, shall seek

17 borrowing authority from the Secretary of the

18 Treasury under paragraph (1)(B).

19 (4) DEFINITIONS.—In this subsection:

20 (A) PUBLIC WATER SUPPLY CUSTOMER.—

21 The term ‘‘public water supply customer’’

22 means the District of Columbia, the county of

23 Arlington, Virginia, and the city of Falls

24 Church, Virginia.
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1 (B) VALUE TO THE GOVERNMENT.—The

2 term ‘‘value to the Government’’ means the net

3 present value of a contract under paragraph (2)

4 calculated under the rules set forth in subpara5 graphs (A) and (B) of section 502(5) of the

6 Congressional Budget Act of 1974 (2 U.S.C.

7 661a(5)), excluding section 502(5)(B)(i) of

8 such Act, as though the contracts provided for

9 the repayment of direct loans to the public

10 water supply customers.

11 (C) WASHINGTON AQUEDUCT.—The term

12 ‘‘Washington Aqueduct’’ means the water sup13 ply system of treatment plants, raw water in14 takes, conduits, reservoirs, transmission mains,

15 and pumping stations owned by the Federal

16 Government located in the metropolitan Wash17 ington, District of Columbia, area.

18 (b) DRINKING WATER ADVISORY COUNCIL.—The

19 second sentence of section 1446(a) (42 U.S.C. 300j–6(a))

20 is amended by inserting before the period at the end the

21 following: ‘‘, of which two such members shall be associ22 ated with small, rural public water systems’’.

23 (c) SHORT TITLE.—
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1 (1) IN GENERAL.—The title (42 U.S.C. 1401 et

2 seq.) is amended by inserting after the title heading

3 the following:

4 ‘‘SHORT TITLE

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

6 Drinking Water Act’.’’.

7 (2) CONFORMING AMENDMENT.—Section 1 of

8 Public Law 93–523 (88 Stat. 1660) is amended by

9 inserting ‘‘of 1974’’ after ‘‘Water Act’’.

10 (d) TECHNICAL AMENDMENTS TO SECTION HEAD11 INGS.—

12 (1) The section heading and subsection designa13 tion of subsection (a) of section 1417 (42 U.S.C.

14 300g–6) are amended to read as follows:

15 ‘‘PROHIBITION ON USE OF LEAD PIPES, FITTINGS,

16 SOLDER, AND FLUX

17 ‘‘SEC. 1417. (a)’’.

18 (2) The section heading and subsection designa19 tion of subsection (a) of section 1426 (42 U.S.C.

20 300h–5) are amended to read as follows:

21 ‘‘REGULATION OF STATE PROGRAMS

22 ‘‘SEC. 1426. (a)’’.

23 (3) The section heading and subsection designa24 tion of subsection (a) of section 1427 (42 U.S.C.

25 300h–6) are amended to read as follows:
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1 ‘‘SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

2 ‘‘SEC. 1427. (a)’’.

3 (4) The section heading and subsection designa4 tion of subsection (a) of section 1428 (42 U.S.C.

5 300h–7) are amended to read as follows:

6 ‘‘STATE PROGRAMS TO ESTABLISH WELLHEAD

7 PROTECTION AREAS

8 ‘‘SEC. 1428. (a)’’.

9 (5) The section heading and subsection designa10 tion of subsection (a) of section 1432 (42 U.S.C.

11 300i–1) are amended to read as follows:

12 ‘‘TAMPERING WITH PUBLIC WATER SYSTEMS

13 ‘‘SEC. 1432. (a)’’.

14 (6) The section heading and subsection designa15 tion of subsection (a) of section 1451 (42 U.S.C.

16 300j–11) are amended to read as follows:

17 ‘‘INDIAN TRIBES

18 ‘‘SEC. 1451. (a)’’.

19 (7) The section heading and first word of sec20 tion 1461 (42 U.S.C. 300j–21) are amended to read

21 as follows:

22 ‘‘DEFINITIONS

23 ‘‘SEC. 1461. As’’.

24 (8) The section heading and first word of sec25 tion 1462 (42 U.S.C. 300j–22) are amended to read

26 as follows:
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1 ‘‘RECALL OF DRINKING WATER COOLERS WITH LEAD2 LINED TANKS

3 ‘‘SEC. 1462. For’’.

4 (9) The section heading and subsection designa5 tion of subsection (a) of section 1463 (42 U.S.C.

6 300j–23) are amended to read as follows:

7 ‘‘DRINKING WATER COOLERS CONTAINING LEAD

8 ‘‘SEC. 1463. (a)’’.

9 (10) The section heading and subsection des10 ignation of subsection (a) of section 1464 (42 U.S.C.

11 300j–24) are amended to read as follows:

12 ‘‘LEAD CONTAMINATION IN SCHOOL DRINKING WATER

13 ‘‘SEC. 1464. (a)’’.

14 (11) The section heading and subsection des15 ignation of subsection (a) of section 1465 (42 U.S.C.

16 300j–25) are amended to read as follows:

17 ‘‘FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARD18 ING LEAD CONTAMINATION IN SCHOOL DRINKING

19 WATER

20 ‘‘SEC. 1465. (a)’’.

21 (e) PREVENTION AND CONTROL OF ZEBRA MUSSEL

22 INFESTATION OF LAKE CHAMPLAIN.—

23 (1) FINDINGS.—Section 1002(a) of the

24 Nonindigenous Aquatic Nuisance Prevention and

25 Control Act of 1990 (16 U.S.C. 4701(a)) is amend26 ed—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (3);

3 (B) by striking the period at the end of

4 paragraph (4) and inserting ‘‘; and’’; and

5 (C) by adding at the end the following new

6 paragraph:

7 ‘‘(5) the zebra mussel was discovered on Lake

8 Champlain during 1993 and the opportunity exists

9 to act quickly to establish zebra mussel controls be10 fore Lake Champlain is further infested and man11 agement costs escalate.’’.

12 (2) EX OFFICIO MEMBERS OF AQUATIC NUI13 SANCE SPECIES TASK FORCE.—Section 1201(c) of

14 such Act (16 U.S.C. 4721(c)) is amended by insert15 ing ‘‘, the Lake Champlain Basin Program,’’ after

16 ‘‘Great Lakes Commission’’.

17 (3) AQUATIC NUISANCE SPECIES PROGRAM.—

18 Subsections (b)(6) and (i)(1) of section 1202 of such

19 Act (16 U.S.C. 4722) is amended by inserting ‘‘,

20 Lake Champlain,’’ after ‘‘Great Lakes’’ each place it

21 appears.

22 (4) AUTHORIZATION OF APPROPRIATIONS.—

23 Section 1301(b) of such Act (16 U.S.C. 4741(b)) is

24 amended—
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1 (A) in paragraph (3), by inserting ‘‘, and

2 the Lake Champlain Research Consortium,’’

3 after ‘‘Laboratory’’; and

4 (B) in paragraph (4)(A)—

5 (i) by inserting after ‘‘(33 U.S.C.

6 1121 et seq.)’’ the following: ‘‘and grants

7 to colleges for the benefit of agriculture

8 and the mechanic arts referred to in the

9 first section of the Act of August 30, 1890

10 (26 Stat 417, chapter 841; 7 U.S.C.

11 322)’’; and

12 (ii) by inserting ‘‘and the Lake Cham13 plain basin’’ after ‘‘Great Lakes region’’.

14 (f) SOUTHWEST CENTER FOR ENVIRONMENTAL RE15 SEARCH AND POLICY.—

16 (1) ESTABLISHMENT OF CENTER.—The Admin17 istrator of the Environmental Protection Agency

18 shall take such action as may be necessary to estab19 lish the Southwest Center for Environmental Re20 search and Policy (hereinafter referred to as ‘‘the

21 Center’’).

22 (2) MEMBERS OF THE CENTER.—The Center

23 shall consist of a consortium of American and Mexi24 can universities, including New Mexico State Univer25 sity; the University of Utah; the University of Texas
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1 at El Paso; San Diego State University; Arizona

2 State University; and four educational institutions in

3 Mexico.

4 (3) FUNCTIONS.—Among its functions, the

5 Center shall—

6 (A) conduct research and development pro7 grams, projects and activities, including train8 ing and community service, on United States9 Mexico border environmental issues, with par10 ticular emphasis on water quality and safe

11 drinking water;

12 (B) provide objective, independent assist13 ance to the EPA and other Federal, State and

14 local agencies involved in environmental policy,

15 research, training and enforcement, including

16 matters affecting water quality and safe drink17 ing water throughout the southwest border re18 gion of the United States; and

19 (C) help to coordinate and facilitate the

20 improvement of environmental policies and pro21 grams between the United States and Mexico,

22 including water quality and safe drinking water

23 policies and programs.

24 (4) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated to the Ad-
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1 ministrator $10,000,000 for each of the fiscal years

2 1996 through 2003 to carry out the programs,

3 projects and activities of the Center. Funds made

4 available pursuant to this paragraph shall be distrib5 uted by the Administrator to the university members

6 of the Center located in the United States.

7 (g) ESTROGENIC SUBSTANCES SCREENING PRO8 GRAM.—

9 (1) DEVELOPMENT.—Not later than 1 year

10 after the date of enactment of this subsection, the

11 Administrator shall develop a screening program,

12 using appropriate validated test systems, to deter13 mine whether certain substances may have an effect

14 in humans that is similar to an effect produced by

15 a naturally occurring estrogen, or such other endo16 crine effect as the Administrator may designate.

17 (2) IMPLEMENTATION.—Not later than 2 years

18 after the date of enactment of this subsection, after

19 obtaining review of the screening program described

20 in paragraph 1 by the scientific advisory panel es21 tablished under section 25(d) of the Act of June 25,

22 1947 (chapter 125), and the Science Advisory Board

23 established by section 8 of the Environmental Re24 search, Development, and Demonstration Act of
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1 1978 (42 U.S.C. 4365), the Administrator shall im2 plement the program.

3 (3) SUBSTANCES.—In carrying out the screen4 ing program described in paragraph (1), the Admin5 istrator shall provide for the testing of all active and

6 inert ingredients used in products described in sec7 tion 103(e) of the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 (42

9 U.S.C. 9603(e)), and may provide for the testing of

10 any other substance if the Administrator determines

11 that a widespread population may be exposed to the

12 substance.

13 (4) EXEMPTION.—Notwithstanding paragraph

14 (3), the Administrator may, by regulation, exempt

15 from the requirements of this subsection a biologic

16 substance or other substance if the Administrator

17 determines that the substance does not have any ef18 fect in humans similar to an effect produced by a

19 naturally occurring estrogen.

20 (5) COLLECTION OF INFORMATION.—

21 (A) IN GENERAL.—The Administrator

22 shall issue an order to a person that manufac23 tures a substance for which testing is required

24 under this subsection to conduct testing in ac25 cordance with the screening program described
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1 in paragraph (1), and submit information ob2 tained from the testing to the Administrator,

3 within a time period that the Administrator de4 termines is sufficient for the generation of the

5 information.

6 (B) FAILURE TO SUBMIT INFORMATION.—

7 (i) SUSPENSION.—If a person referred

8 to in subparagraph (A) fails to submit the

9 information required under such subpara10 graph within the time period established by

11 the order, the Administrator shall issue a

12 notice of intent to suspend the sale or dis13 tribution of the substance by the person.

14 Any suspension proposed under this sub15 paragraph shall become final at the end of

16 the 30-day period beginning on the date

17 that the person receives the notice of in18 tent to suspend, unless during that period

19 a person adversely affected by the notice

20 requests a hearing or the Administrator

21 determines that the person referred to in

22 subparagraph (A) has complied fully with

23 this paragraph.

24 (ii) HEARING.—If a person requests a

25 hearing under clause (i), the hearing shall
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1 be conducted in accordance with section

2 554 of title 5, United States Code. The

3 only matter for resolution at the hearing

4 shall be whether the person has failed to

5 submit information required under this

6 paragraph. A decision by the Adminis7 trator after completion of a hearing shall

8 be considered to be a final agency action.

9 (iii) TERMINATION OF SUSPEN10 SIONS.—The Administrator shall terminate

11 a suspension under this subparagraph is12 sued with respect to a person if the Ad13 ministrator determines that the person has

14 complied fully with this paragraph.

15 (6) AGENCY ACTION.—In the case of any sub16 stance that is found to have a potential adverse ef17 fect on humans as a result of testing and evaluation

18 under this subsection, the Administrator shall take

19 such action, including appropriate regulatory action

20 by rule or by order under statutory authority avail21 able to the Administrator, as is necessary to ensure

22 the protection of public health.

23 (7) REPORT TO CONGRESS.—Not later than 4

24 years after the date of enactment of this subsection,
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1 the Administrator shall prepare and submit to Con2 gress a report containing—

3 (A) the findings of the Administrator re4 sulting from the screening program described in

5 paragraph (1);

6 (B) recommendations for further testing

7 and research needed to evaluate the impact on

8 human health of the substances tested under

9 the screening program; and

10 (C) recommendations for any further ac11 tions (including any action described in para12 graph (6)) that the Administrator determines

13 are appropriate based on the findings.

14 (h) GRANTS TO ALASKA TO IMPROVE SANITATION IN

15 RURAL AND NATIVE VILLAGES.—

16 (1) IN GENERAL.—The Administrator of the

17 Environmental Protection Agency may make grants

18 to the State of Alaska for the benefit of rural and

19 Native villages in Alaska to pay the Federal share

20 of the cost of—

21 (A) the development and construction of

22 water and wastewater systems to improve the

23 health and sanitation conditions in the villages;

24 and
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1 (B) training, technical assistance, and edu2 cational programs relating to the operation and

3 management of sanitation services in rural and

4 Native villages.

5 (2) FEDERAL SHARE.—The Federal share of

6 the cost of the activities described in paragraph (1)

7 shall be 50 percent.

8 (3) ADMINISTRATIVE EXPENSES.—The State of

9 Alaska may use an amount not to exceed 4 percent

10 of any grant made available under this subsection

11 for administrative expenses necessary to carry out

12 the activities described in paragraph (1).

13 (4) CONSULTATION WITH THE STATE OF ALAS14 KA.—The Administrator shall consult with the State

15 of Alaska on a method of prioritizing the allocation

16 of grants under paragraph (1) according to the

17 needs of, and relative health and sanitation condi18 tions in, each eligible village.

19 (5) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated such sums

21 as are necessary for each of the fiscal years 1996

22 through 2003 to carry out this subsection.

23 (i) ASSISTANCE TO COLONIAS.—

24 (1) DEFINITIONS.—As used in this sub25 section—
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1 (A) ELIGIBLE COMMUNITY.—The term ‘‘el2 igible community’’ means a low-income commu3 nity with economic hardship that—

4 (i) is commonly referred to as a

5 colonia;

6 (ii) is located along the United States7 Mexico border (generally in an unincor8 porated area); and

9 (iii) lacks basic sanitation facilities

10 such as a safe drinking water supply,

11 household plumbing, and a proper sewage

12 disposal system.

13 (B) BORDER STATE.—The term ‘‘border

14 State’’ means Arizona, California, New Mexico

15 and Texas.

16 (C) TREATMENT WORKS.—The term

17 ‘‘treatment works’’ has the meaning provided in

18 section 212(2) of the Federal Water Pollution

19 Control Act (33 U.S.C. 1292(2)).

20 (2) GRANTS TO ALLEVIATE HEALTH RISKS.—

21 The Administrator of the Environmental Protection

22 Agency and the heads of other appropriate Federal

23 agencies are authorized to award grants to any ap24 propriate entity or border State to provide assistance

25 to eligible communities for—
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1 (A) the conservation, development, use and

2 control (including the extension or improvement

3 of a water distribution system) of water for the

4 purpose of supplying drinking water; and

5 (B) the construction or improvement of

6 sewers and treatment works for wastewater

7 treatment.

8 (3) USE OF FUNDS.—Each grant awarded pur9 suant to paragraph (2) shall be used to provide as10 sistance to one or more eligible community with re11 spect to which the residents are subject to a signifi12 cant health risk (as determined by the Administrator

13 or the head of the Federal agency making the grant)

14 attributable to the lack of access to an adequate and

15 affordable drinking water supply system or treat16 ment works for wastewater.

17 (4) OPERATION AND MAINTENANCE.—The Ad18 ministrator and the heads of other appropriate Fed19 eral agencies, other entities or border States are au20 thorized to use funds appropriated pursuant to this

21 subsection to operate and maintain a treatment

22 works or other project that is constructed with funds

23 made available pursuant to this subsection.

24 (5) PLANS AND SPECIFICATIONS.—Each treat25 ment works or other project that is funded by a
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1 grant awarded pursuant to this subsection shall be

2 constructed in accordance with plans and specifica3 tions approved by the Administrator, the head of the

4 Federal agency making the grant, or the border

5 State in which the eligible community is located. The

6 standards for construction applicable to a treatment

7 works or other project eligible for assistance under

8 title II of the Federal Water Pollution Control Act

9 (33 U.S.C. 1281 et seq.) shall apply to the construc10 tion of a treatment works or project under this sub11 section in the same manner as the standards apply

12 under such title.

13 (6) AUTHORIZATION OF APPROPRIATIONS.—

14 There are authorized to be appropriated to carry out

15 this subsection such sums as may be necessary for

16 fiscal years 1996 through 2003.

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