PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1613

Public Law 104–182

104th Congress

An Act

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

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Safe Drinking

Water Act Amendments of 1996’’.

(b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. References; effective date; disclaimer.

Sec. 3. Findings.

TITLE I—AMENDMENTS TO SAFE DRINKING WATER ACT

Sec. 101. Definitions.

Sec. 102. General authority.

Sec. 103. Risk assessment, management, and communication.

Sec. 104. Standard-setting.

Sec. 105. Treatment technologies for small systems.

Sec. 106. Limited alternative to filtration.

Sec. 107. Ground water disinfection.

Sec. 108. Effective date for regulations.

Sec. 109. Arsenic, sulfate, and radon.

Sec. 110. Recycling of filter backwash.

Sec. 111. Technology and treatment techniques.

Sec. 112. State primacy.

Sec. 113. Enforcement; judicial review.

Sec. 114. Public notification.

Sec. 115. Variances.

Sec. 116. Small systems variances.

Sec. 117. Exemptions.

Sec. 118. Lead plumbing and pipes.

Sec. 119. Capacity development.

Sec. 120. Authorization of appropriations for certain ground water programs.

Sec. 121. Amendments to section 1442.

Sec. 122. Technical assistance.

Sec. 123. Operator certification.

Sec. 124. Public water system supervision program.

Sec. 125. Monitoring and information gathering.

Sec. 126. Occurrence data base.

Sec. 127. Drinking Water Advisory Council.

Sec. 128. New York City watershed protection program.

Sec. 129. Federal agencies.

Sec. 130. State revolving loan funds.

Sec. 131. State ground water protection grants.

Sec. 132. Source water assessment.

Sec. 133. Source water petition program.

Sec. 134. Water conservation plan.

Sec. 135. Drinking water assistance to colonias.

Sec. 136. Estrogenic substances screening program.

Sec. 137. Drinking water studies.

TITLE II—DRINKING WATER RESEARCH

Sec. 201. Drinking water research authorization.

42 USC 201 note.

Safe Drinking

Water Act

Amendments of

1996.

Intergovernmental

relations.

Environmental

protection.

Aug. 6, 1996

[S. 1316]
110 STAT. 1614 PUBLIC LAW 104–182—AUG. 6, 1996

Sec. 202. Scientific research review.

Sec. 203. National center for ground water research.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Water return flows.

Sec. 302 Transfer of funds.

Sec. 303. Grants to Alaska to improve sanitation in rural and Native villages.

Sec. 304. Sense of the Congress.

Sec. 305. Bottled drinking water standards.

Sec. 306. Washington Aqueduct.

Sec. 307. Wastewater assistance to colonias.

Sec. 308. Prevention and control of zebra mussel infestation of Lake Champlain.

TITLE IV—ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND

WATERSHEDS

Sec. 401. National program.

TITLE V—CLERICAL AMENDMENTS

Sec. 501. Clerical amendments.

SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.

(a) REFERENCES TO SAFE DRINKING WATER ACT.—Except as

otherwise expressly provided, whenever in this Act an amendment

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

of, a section or other provision, the reference shall be considered

to be made to that section or other provision of title XIV of the

Public Health Service Act (commonly known as the ‘‘Safe Drinking

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

(b) EFFECTIVE DATE.—Except as otherwise specified in this

Act or in the amendments made by this Act, this Act and the

amendments made by this Act shall take effect on the date of

enactment of this Act.

(c) DISCLAIMER.—Except for the provisions of section 302 (relating to transfers of funds), nothing in this Act or in any amendments

made by this Act to title XIV of the Public Health Service Act

(commonly known as the ‘‘Safe Drinking Water Act’’) or any other

law shall be construed by the Administrator of the Environmental

Protection Agency or the courts as affecting, modifying, expanding,

changing, or altering—

(1) the provisions of the Federal Water Pollution Control

Act;

(2) the duties and responsibilities of the Administrator

under that Act; or

(3) the regulation or control of point or nonpoint sources

of pollution discharged into waters covered by that Act.

The Administrator shall identify in the agency’s annual budget

all funding and full-time equivalents administering such title XIV

separately from funding and staffing for the Federal Water Pollution

Control Act.

SEC. 3. FINDINGS.

The Congress finds that—

(1) safe drinking water is essential to the protection of

public health;

(2) because the requirements of the Safe Drinking Water

Act (42 U.S.C. 300f et seq.) now exceed the financial and

technical capacity of some public water systems, especially

many small public water systems, the Federal Government

needs to provide assistance to communities to help the communities meet Federal drinking water requirements;

42 USC 300f

note.

42 USC 300f

note.

42 USC 300f

note.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1615

(3) the Federal Government commits to maintaining and

improving its partnership with the States in the administration

and implementation of the Safe Drinking Water Act;

(4) States play a central role in the implementation of

safe drinking water programs, and States need increased financial resources and appropriate flexibility to ensure the prompt

and effective development and implementation of drinking

water programs;

(5) the existing process for the assessment and selection

of additional drinking water contaminants needs to be revised

and improved to ensure that there is a sound scientific basis

for setting priorities in establishing drinking water regulations;

(6) procedures for assessing the health effects of contaminants establishing drinking water standards should be revised

to provide greater opportunity for public education and participation;

(7) in considering the appropriate level of regulation for

contaminants in drinking water, risk assessment, based on

sound and objective science, and benefit-cost analysis are important analytical tools for improving the efficiency and effectiveness of drinking water regulations to protect human health;

(8) more effective protection of public health requires—

(A) a Federal commitment to set priorities that will

allow scarce Federal, State, and local resources to be targeted toward the drinking water problems of greatest public

health concern;

(B) maximizing the value of the different and complementary strengths and responsibilities of the Federal

and State governments in those States that have primary

enforcement responsibility for the Safe Drinking Water

Act; and

(C) prevention of drinking water contamination

through well-trained system operators, water systems with

adequate managerial, technical, and financial capacity, and

enhanced protection of source waters of public water systems;

(9) compliance with the requirements of the Safe Drinking

Water Act continues to be a concern at public water systems

experiencing technical and financial limitations, and Federal,

State, and local governments need more resources and more

effective authority to attain the objectives of the Safe Drinking

Water Act; and

(10) consumers served by public water systems should be

provided with information on the source of the water they

are drinking and its quality and safety, as well as prompt

notification of any violation of drinking water regulations.

TITLE I—AMENDMENTS TO SAFE

DRINKING WATER ACT

SEC. 101. DEFINITIONS.

(a) IN GENERAL.—Section 1401 (42 U.S.C. 300f) is amended

as follows:

(1) In paragraph (1)—

(A) in subparagraph (D), by inserting ‘‘accepted methods for’’ before ‘‘quality control’’; and
110 STAT. 1616 PUBLIC LAW 104–182—AUG. 6, 1996

(B) by adding at the end the following: ‘‘At any time

after promulgation of a regulation referred to in this paragraph, the Administrator may add equally effective quality

control and testing procedures by guidance published in

the Federal Register. Such procedures shall be treated

as an alternative for public water systems to the quality

control and testing procedures listed in the regulation.’’.

(2) In paragraph (13)—

(A) by striking ‘‘The’’ and inserting ‘‘(A) Except as

provided in subparagraph (B), the’’; and

(B) by adding at the end the following:

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

each of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico.’’.

(3) In paragraph (14), by adding at the end the following:

‘‘For purposes of section 1452, the term includes any Native

village (as defined in section 3(c) of the Alaska Native Claims

Settlement Act (43 U.S.C. 1602(c))).’’.

(4) By adding at the end the following:

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

water system’ means a public water system that—

‘‘(A) serves at least 15 service connections used by

year-round residents of the area served by the system;

or

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

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

is not a community water system.’’.

(b) PUBLIC WATER SYSTEM.—

(1) IN GENERAL.—Section 1401(4) (42 U.S.C. 300f(4)) is

amended as follows:

(A) In the first sentence, by striking ‘‘piped water for

human consumption’’ and inserting ‘‘water for human

consumption through pipes or other constructed conveyances’’.

(B) By redesignating subparagraphs (A) and (B) as

clauses (i) and (ii), respectively.

(C) By striking ‘‘(4) The’’ and inserting the following:

‘‘(4) PUBLIC WATER SYSTEM.—

‘‘(A) IN GENERAL.—The’’; and

(D) by adding at the end the following:

‘‘(B) CONNECTIONS.—

‘‘(i) IN GENERAL.—For purposes of subparagraph

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

a constructed conveyance other than a pipe shall not

be considered a connection, if—

‘‘(I) the water is used exclusively for purposes

other than residential uses (consisting of drinking,

bathing, and cooking, or other similar uses);

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

case of a State exercising primary enforcement

responsibility for public water systems) determines

that alternative water to achieve the equivalent

level of public health protection provided by the

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

drinking and cooking; or

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PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1617

‘‘(III) the Administrator or the State (in the

case of a State exercising primary enforcement

responsibility for public water systems) determines

that the water provided for residential or similar

uses for drinking, cooking, and bathing is centrally

treated or treated at the point of entry by the

provider, a pass-through entity, or the user to

achieve the equivalent level of protection provided

by the applicable national primary drinking water

regulations.

‘‘(ii) IRRIGATION DISTRICTS.—An irrigation district

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

shall not be considered to be a public water system

if the system or the residential or similar users of

the system comply with subclause (II) or (III) of clause

(i).

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

be a public water system only as a result of modifications

made to this paragraph by the Safe Drinking Water Act

Amendments of 1996 shall not be considered a public water

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

years after the date of enactment of this subparagraph.

If a water supplier does not serve 15 service connections

(as defined in subparagraphs (A) and (B)) or 25 people

at any time after the conclusion of the 2-year period, the

water supplier shall not be considered a public water system.’’.

(2) GAO STUDY.—The Comptroller General of the United

States shall undertake a study to—

(A) ascertain the numbers and locations of individuals

and households relying for their residential water needs,

including drinking, bathing, and cooking (or other similar

uses) on irrigation water systems, mining water systems,

industrial water systems, or other water systems covered

by section 1401(4)(B) of the Safe Drinking Water Act that

are not public water systems subject to the Safe Drinking

Water Act;

(B) determine the sources and costs and affordability

(to users and systems) of water used by such populations

for their residential water needs; and

(C) review State and water system compliance with

the exclusion provisions of section 1401(4)(B) of such Act.

The Comptroller General shall submit a report to the Congress

within 3 years after the date of enactment of this Act containing

the results of such study.

SEC. 102. GENERAL AUTHORITY.

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

amended by striking ‘‘(b)(1)’’ and all that follows through the end

of paragraph (3) and inserting the following:

‘‘(b) STANDARDS.—

‘‘(1) IDENTIFICATION OF CONTAMINANTS FOR LISTING.—

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

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

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Reports.

42 USC 300f

note.
110 STAT. 1618 PUBLIC LAW 104–182—AUG. 6, 1996

promulgate a national primary drinking water regulation

for a contaminant (other than a contaminant referred to

in paragraph (2) for which a national primary drinking

water regulation has been promulgated as of the date of

enactment of the Safe Drinking Water Act Amendments

of 1996) if the Administrator determines that—

‘‘(i) the contaminant may have an adverse effect

on the health of persons;

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

is a substantial likelihood that the contaminant will

occur in public water systems with a frequency and

at levels of public health concern; and

‘‘(iii) in the sole judgment of the Administrator,

regulation of such contaminant presents a meaningful

opportunity for health risk reduction for persons served

by public water systems.

‘‘(B) REGULATION OF UNREGULATED CONTAMINANTS.—

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

of enactment of the Safe Drinking Water Act Amendments of 1996 and every 5 years thereafter, the

Administrator, after consultation with the scientific

community, including the Science Advisory Board, after

notice and opportunity for public comment, and after

considering the occurrence data base established under

section 1445(g), shall publish a list of contaminants

which, at the time of publication, are not subject to

any proposed or promulgated national primary drinking water regulation, which are known or anticipated

to occur in public water systems, and which may

require regulation under this title.

‘‘(II) The unregulated contaminants considered

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

to, substances referred to in section 101(14) of the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and substances registered as pesticides under the Federal Insecticide,

Fungicide, and Rodenticide Act.

‘‘(III) The Administrator’s decision whether or not

to select an unregulated contaminant for a list under

this clause shall not be subject to judicial review.

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

than 5 years after the date of enactment of the Safe

Drinking Water Act Amendments of 1996, and every

5 years thereafter, the Administrator shall, after notice

of the preliminary determination and opportunity for

public comment, for not fewer than 5 contaminants

included on the list published under clause (i), make

determinations of whether or not to regulate such

contaminants.

‘‘(II) A determination to regulate a contaminant

shall be based on findings that the criteria of clauses

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

Such findings shall be based on the best available

public health information, including the occurrence

data base established under section 1445(g).

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PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1619

‘‘(III) The Administrator may make a determination to regulate a contaminant that does not appear

on a list under clause (i) if the determination to regulate is made pursuant to subclause (II).

‘‘(IV) A determination under this clause not to

regulate a contaminant shall be considered final agency

action and subject to judicial review.

‘‘(iii) REVIEW.—Each document setting forth the

determination for a contaminant under clause (ii) shall

be available for public comment at such time as the

determination is published.

‘‘(C) PRIORITIES.—In selecting unregulated contaminants for consideration under subparagraph (B), the

Administrator shall select contaminants that present the

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

other factors of public health concern, the effect of such

contaminants upon subgroups that comprise a meaningful

portion of the general population (such as infants, children,

pregnant women, the elderly, individuals with a history

of serious illness, or other subpopulations) that are identifiable as being at greater risk of adverse health effects

due to exposure to contaminants in drinking water than

the general population.

‘‘(D) URGENT THREATS TO PUBLIC HEALTH.—The

Administrator may promulgate an interim national primary

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

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

to address an urgent threat to public health as determined

by the Administrator after consultation with and written

response to any comments provided by the Secretary of

Health and Human Services, acting through the director

of the Centers for Disease Control and Prevention or the

director of the National Institutes of Health. A determination for any contaminant in accordance with paragraph

(4)(C) subject to an interim regulation under this subparagraph shall be issued, and a completed analysis meeting

the requirements of paragraph (3)(C) shall be published,

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

after that date.

‘‘(E) REGULATION.—For each contaminant that the

Administrator determines to regulate under subparagraph

(B), the Administrator shall publish maximum contaminant

level goals and promulgate, by rule, national primary drinking water regulations under this subsection. The Administrator shall propose the maximum contaminant level goal

and national primary drinking water regulation for a

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

such proposed regulation concurrent with the determination to regulate. The Administrator shall publish a maximum contaminant level goal and promulgate a national

primary drinking water regulation within 18 months after

the proposal thereof. The Administrator, by notice in the Federal Register,

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110 STAT. 1620 PUBLIC LAW 104–182—AUG. 6, 1996

Federal Register, may extend the deadline for such

promulgation for up to 9 months.

‘‘(F) HEALTH ADVISORIES AND OTHER ACTIONS.—The

Administrator may publish health advisories (which are

not regulations) or take other appropriate actions for

contaminants not subject to any national primary drinking

water regulation.

‘‘(2) SCHEDULES AND DEADLINES.—

‘‘(A) IN GENERAL.—In the case of the contaminants

listed in the Advance Notice of Proposed Rulemaking published in volume 47, Federal Register, page 9352, and

in volume 48, Federal Register, page 45502, the Administrator shall publish maximum contaminant level goals and

promulgate national primary drinking water regulations—

‘‘(i) not later than 1 year after June 19, 1986,

for not fewer than 9 of the listed contaminants;

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

for not fewer than 40 of the listed contaminants; and

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

for the remainder of the listed contaminants.

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

more likely to be protective of public health (taking into

account the schedule for regulation under subparagraph

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

the Administrator may publish a maximum contaminant

level goal and promulgate a national primary drinking

water regulation for the identified contaminant in lieu

of regulating the contaminant referred to in subparagraph

(A). Substitutions may be made for not more than 7

contaminants referred to in subparagraph (A). Regulation

of a contaminant identified under this subparagraph shall

be in accordance with the schedule applicable to the

contaminant for which the substitution is made.

‘‘(C) DISINFECTANTS AND DISINFECTION BYPRODUCTS.—

The Administrator shall promulgate an Interim Enhanced

Surface Water Treatment Rule, a Final Enhanced Surface

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

and Disinfection Byproducts Rule in accordance with the

schedule published in volume 59, Federal Register, page

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

Information Collection Rule. If a delay occurs with respect

to the promulgation of any rule in the schedule referred

to in this subparagraph, all subsequent rules shall be completed as expeditiously as practicable but no later than

a revised date that reflects the interval or intervals for

the rules in the schedule.’’.

(b) APPLICABILITY OF PRIOR REQUIREMENTS.—The requirements

of subparagraphs (C) and (D) of section 1412(b)(3) of the Safe

Drinking Water Act as in effect before the date of enactment of

this Act, and any obligation to promulgate regulations pursuant

to such subparagraphs not promulgated as of the date of enactment

of this Act, are superseded by the amendments made by subsection

(a).

42 USC 300g–1

note.

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PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1621

(c) CONFORMING AMENDMENTS.—(1) Section 1415(d) (42 U.S.C.

300g–4(d)) is amended by striking ‘‘1412(b)(3)’’ and inserting

‘‘1412(b)’’.

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

striking ‘‘paragraph (1), (2), or (3) of’’ in each place it appears.

SEC. 103. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.

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

after paragraph (2) the following:

‘‘(3) RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.—

‘‘(A) USE OF SCIENCE IN DECISIONMAKING.—In carrying

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

is based on science, the Administrator shall use—

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

supporting studies conducted in accordance with sound

and objective scientific practices; and

‘‘(ii) data collected by accepted methods or best

available methods (if the reliability of the method and

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

‘‘(B) PUBLIC INFORMATION.—In carrying out this section, the Administrator shall ensure that the presentation

of information on public health effects is comprehensive,

informative, and understandable. The Administrator shall,

in a document made available to the public in support

of a regulation promulgated under this section, specify,

to the extent practicable—

‘‘(i) each population addressed by any estimate

of public health effects;

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

for the specific populations;

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

estimate of risk;

‘‘(iv) each significant uncertainty identified in the

process of the assessment of public health effects and

studies that would assist in resolving the uncertainty;

and

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

to support any estimate of public health effects and

the methodology used to reconcile inconsistencies in

the scientific data.

‘‘(C) HEALTH RISK REDUCTION AND COST ANALYSIS.—

‘‘(i) MAXIMUM CONTAMINANT LEVELS.—When

proposing any national primary drinking water regulation that includes a maximum contaminant level, the

Administrator shall, with respect to a maximum

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

comment on, and use for the purposes of paragraphs

(4), (5), and (6) an analysis of each of the following:

‘‘(I) Quantifiable and nonquantifiable health

risk reduction benefits for which there is a factual

basis in the rulemaking record to conclude that

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110 STAT. 1622 PUBLIC LAW 104–182—AUG. 6, 1996

such benefits are likely to occur as the result of

treatment to comply with each level.

‘‘(II) Quantifiable and nonquantifiable health

risk reduction benefits for which there is a factual

basis in the rulemaking record to conclude that

such benefits are likely to occur from reductions

in co-occurring contaminants that may be attributed solely to compliance with the maximum

contaminant level, excluding benefits resulting

from compliance with other proposed or promulgated regulations.

‘‘(III) Quantifiable and nonquantifiable costs

for which there is a factual basis in the rulemaking

record to conclude that such costs are likely to

occur solely as a result of compliance with the

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

resulting from compliance with other proposed or

promulgated regulations.

‘‘(IV) The incremental costs and benefits associated with each alternative maximum contaminant level considered.

‘‘(V) The effects of the contaminant on the

general population and on groups within the general population such as infants, children, pregnant

women, the elderly, individuals with a history of

serious illness, or other subpopulations that are

identified as likely to be at greater risk of adverse

health effects due to exposure to contaminants

in drinking water than the general population.

‘‘(VI) Any increased health risk that may occur

as the result of compliance, including risks associated with co-occurring contaminants.

‘‘(VII) Other relevant factors, including the

quality and extent of the information, the

uncertainties in the analysis supporting subclauses

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

degree and nature of the risk.

‘‘(ii) TREATMENT TECHNIQUES.—When proposing a

national primary drinking water regulation that

includes a treatment technique in accordance with

paragraph (7)(A), the Administrator shall publish and

seek public comment on an analysis of the health risk

reduction benefits and costs likely to be experienced

as the result of compliance with the treatment technique and alternative treatment techniques that are

being considered, taking into account, as appropriate,

the factors described in clause (i).

‘‘(iii) APPROACHES TO MEASURE AND VALUE BENEFITS.—The Administrator may identify valid

approaches for the measurement and valuation of benefits under this subparagraph, including approaches to

identify consumer willingness to pay for reductions

in health risks from drinking water contaminants.

‘‘(iv) AUTHORIZATION.—There are authorized to be

appropriated to the Administrator, acting through the

Office of Ground Water and Drinking Water, to conduct

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PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1623

studies, assessments, and analyses in support of regulations or the development of methods, $35,000,000

for each of fiscal years 1996 through 2003.’’.

SEC. 104. STANDARD-SETTING.

(a) IN GENERAL.—Section 1412(b) (42 U.S.C. 300g–1(b)) is

amended as follows:

(1) In paragraph (4)—

(A) by striking ‘‘(4) Each’’ and inserting the following:

‘‘(4) GOALS AND STANDARDS.—

‘‘(A) MAXIMUM CONTAMINANT LEVEL GOALS.—Each’’;

(B) in the last sentence—

(i) by striking ‘‘Each national’’ and inserting the

following:

‘‘(B) MAXIMUM CONTAMINANT LEVELS.— Except as provided in paragraphs (5) and (6), each national’’; and

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

‘‘maximum contaminant level’’; and

(C) by adding at the end the following:

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

proposes a national primary drinking water regulation

under this paragraph, the Administrator shall publish a

determination as to whether the benefits of the maximum

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

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

(2) By striking ‘‘(5) For the’’ and inserting the following:

‘‘(D) DEFINITION OF FEASIBLE.—For the’’.

(3) In the second sentence of paragraph (4)(D) (as so designated), by striking ‘‘paragraph (4)’’ and inserting ‘‘this paragraph’’.

(4) By striking ‘‘(6) Each national’’ and inserting the following:

‘‘(E) FEASIBLE TECHNOLOGIES.—

‘‘(i) IN GENERAL.—Each national’’.

(5) In paragraph (4)(E)(i) (as so designated), by striking

‘‘this paragraph’’ and inserting ‘‘this subsection’’.

(6) By inserting after paragraph (4) (as so amended) the

following:

‘‘(5) ADDITIONAL HEALTH RISK CONSIDERATIONS.—

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

Administrator may establish a maximum contaminant level

for a contaminant at a level other than the feasible level,

if the technology, treatment techniques, and other means

used to determine the feasible level would result in an

increase in the health risk from drinking water by—

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

‘‘(ii) interfering with the efficacy of drinking water

treatment techniques or processes that are used to

comply with other national primary drinking water

regulations.

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

establishes a maximum contaminant level or levels or

requires the use of treatment techniques for any contaminant or contaminants pursuant to the authority of this

paragraph—

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110 STAT. 1624 PUBLIC LAW 104–182—AUG. 6, 1996

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

shall minimize the overall risk of adverse health effects

by balancing the risk from the contaminant and the

risk from other contaminants the concentrations of

which may be affected by the use of a treatment technique or process that would be employed to attain

the maximum contaminant level or levels; and

‘‘(ii) the combination of technology, treatment techniques, or other means required to meet the level or

levels shall not be more stringent than is feasible (as

defined in paragraph (4)(D)).

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

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

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

paragraph (4) would not justify the costs of complying

with the level, the Administrator may, after notice and

opportunity for public comment, promulgate a maximum

contaminant level for the contaminant that maximizes

health risk reduction benefits at a cost that is justified

by the benefits.

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

authority of this paragraph to promulgate a maximum

contaminant level for a contaminant, if the benefits of

compliance with a national primary drinking water regulation for the contaminant that would be promulgated in

accordance with paragraph (4) experienced by—

‘‘(i) persons served by large public water systems;

and

‘‘(ii) persons served by such other systems as are

unlikely, based on information provided by the States,

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

to small system variances);

would justify the costs to the systems of complying with

the regulation. This subparagraph shall not apply if the

contaminant is found almost exclusively in small systems

eligible under section 1415(e) for a small system variance.

‘‘(C) DISINFECTANTS AND DISINFECTION BYPRODUCTS.—

The Administrator may not use the authority of this paragraph to establish a maximum contaminant level in a

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

that are disinfectants or disinfection byproducts, or to

establish a maximum contaminant level or treatment technique requirement for the control of cryptosporidium. The

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

ground water sources as required by paragraph (8).

‘‘(D) JUDICIAL REVIEW.—A determination by the

Administrator that the benefits of a maximum contaminant

level or treatment requirement justify or do not justify

the costs of complying with the level shall be reviewed

by the court pursuant to section 1448 only as part of

a review of a final national primary drinking water regulation that has been promulgated based on the determination
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1625

and shall not be set aside by the court under that section

unless the court finds that the determination is arbitrary

and capricious.’’.

(b) DISINFECTANTS AND DISINFECTION BYPRODUCTS.—The

Administrator of the Environmental Protection Agency may use

the authority of section 1412(b)(5) of the Safe Drinking Water

Act (as amended by this Act) to promulgate the Stage I and Stage

II Disinfectants and Disinfection Byproducts Rules as proposed

in volume 59, Federal Register, page 38668 (July 29, 1994). The

considerations used in the development of the July 29, 1994, proposed national primary drinking water regulation on disinfectants

and disinfection byproducts shall be treated as consistent with

such section 1412(b)(5) for purposes of such Stage I and Stage

II rules.

(c) REVIEW OF STANDARDS.—Section 1412(b)(9) (42 U.S.C. 300g–

1(b)(9)) is amended to read as follows:

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

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

each national primary drinking water regulation promulgated

under this title. Any revision of a national primary drinking

water regulation shall be promulgated in accordance with this

section, except that each revision shall maintain, or provide

for greater, protection of the health of persons.’’.

SEC. 105. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS.

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

by adding at the end the following:

‘‘(ii) LIST OF TECHNOLOGIES FOR SMALL SYSTEMS.—

The Administrator shall include in the list any technology, treatment technique, or other means that is

affordable, as determined by the Administrator in consultation with the States, for small public water systems serving—

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

than 3,300;

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

than 500; and

‘‘(III) a population of 500 or fewer but more

than 25;

and that achieves compliance with the maximum

contaminant level or treatment technique, including

packaged or modular systems and point-of-entry or

point-of-use treatment units. Point-of-entry and pointof-use treatment units shall be owned, controlled and

maintained by the public water system or by a person

under contract with the public water system to ensure

proper operation and maintenance and compliance with

the maximum contaminant level or treatment technique and equipped with mechanical warnings to

ensure that customers are automatically notified of

operational problems. The Administrator shall not

include in the list any point-of-use treatment technology, treatment technique, or other means to achieve

compliance with a maximum contaminant level or

treatment technique requirement for a microbial

contaminant (or an indicator of a microbial contaminant). If the American National Standards Institute

42 USC 300g–1

note.
110 STAT. 1626 PUBLIC LAW 104–182—AUG. 6, 1996

has issued product standards applicable to a specific

type of point-of-entry or point-of-use treatment unit,

individual units of that type shall not be accepted

for compliance with a maximum contaminant level or

treatment technique requirement unless they are

independently certified in accordance with such standards. In listing any technology, treatment technique,

or other means pursuant to this clause, the Administrator shall consider the quality of the source water

to be treated.

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

2 years after the date of enactment of this clause

and after consultation with the States, the Administrator shall issue a list of technologies that achieve

compliance with the maximum contaminant level or

treatment technique for each category of public water

systems described in subclauses (I), (II), and (III) of

clause (ii) for each national primary drinking water

regulation promulgated prior to the date of enactment

of this paragraph.

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

new or innovative treatment technologies that meet

the requirements of this paragraph for categories of

small public water systems described in subclauses

(I), (II), and (III) of clause (ii) that are subject to

the regulation.

‘‘(v) TECHNOLOGIES THAT MEET SURFACE WATER

TREATMENT RULE.—Within one year after the date of

enactment of this clause, the Administrator shall list

technologies that meet the Surface Water Treatment

Rule for each category of public water systems

described in subclauses (I), (II), and (III) of clause

(ii).’’.

SEC. 106. LIMITED ALTERNATIVE TO FILTRATION.

Section 1412(b)(7)(C) (42 U.S.C. 300g–1(b)(7)(C)) is amended

by adding the following after clause (iv):

‘‘(v) As an additional alternative to the regulations promulgated

pursuant to clauses (i) and (iii), including the criteria for avoiding

filtration contained in 40 CFR 141.71, a State exercising primary

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

establish treatment requirements as an alternative to filtration

in the case of systems having uninhabited, undeveloped watersheds

in consolidated ownership, and having control over access to, and

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

Administrator concurs) that the quality of the source water and

the alternative treatment requirements established by the State

ensure greater removal or inactivation efficiencies of pathogenic

organisms for which national primary drinking water regulations

have been promulgated or that are of public health concern than

would be achieved by the combination of filtration and chlorine

disinfection (in compliance with this section).’’.

Records.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1627

SEC. 107. GROUND WATER DISINFECTION.

Paragraph (8) of section 1412(b) (42 U.S.C. 300g–1(b)(8)) is

amended by moving the margins of such paragraph 2 ems to the

right and by striking the first sentence and inserting the following:

‘‘DISINFECTION.—At any time after the end of the 3-year period

that begins on the date of enactment of the Safe Drinking Water

Act Amendments of 1996, but not later than the date on which

the Administrator promulgates a Stage II rulemaking for disinfectants and disinfection byproducts (as described in paragraph (2)(C)),

the Administrator shall also promulgate national primary drinking

water regulations requiring disinfection as a treatment technique

for all public water systems, including surface water systems and,

as necessary, ground water systems. After consultation with the

States, the Administrator shall (as part of the regulations) promulgate criteria that the Administrator, or a State that has primary

enforcement responsibility under section 1413, shall apply to determine whether disinfection shall be required as a treatment technique for any public water system served by ground water.’’.

SEC. 108. EFFECTIVE DATE FOR REGULATIONS.

Section 1412(b)(10) (42 U.S.C. 300g–1(b)(10)) is amended to

read as follows:

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

regulation promulgated under this section (and any amendment

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

the date on which the regulation is promulgated unless the

Administrator determines that an earlier date is practicable,

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

individual system), may allow up to 2 additional years to comply

with a maximum contaminant level or treatment technique

if the Administrator or State (in the case of an individual

system) determines that additional time is necessary for capital

improvements.’’.

SEC. 109. ARSENIC, SULFATE, AND RADON.

(a) ARSENIC AND SULFATE.—Section 1412(b) (42 U.S.C. 300g–

1(b)) is amended by inserting after paragraph (11) the following:

‘‘(12) CERTAIN CONTAMINANTS.—

‘‘(A) ARSENIC.—

‘‘(i) SCHEDULE AND STANDARD.—Notwithstanding

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

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

by this paragraph.

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

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

in support of drinking water rulemaking to reduce

the uncertainty in assessing health risks associated

with exposure to low levels of arsenic. In conducting

such study, the Administrator shall consult with the

National Academy of Sciences, other Federal agencies,

and interested public and private entities.

‘‘(iii) COOPERATIVE AGREEMENTS.—In carrying out

the study plan, the Administrator may enter into

cooperative agreements with other Federal agencies,

Regulations.
110 STAT. 1628 PUBLIC LAW 104–182—AUG. 6, 1996

State and local governments, and other interested public and private entities.

‘‘(iv) PROPOSED REGULATIONS.—The Administrator

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

‘‘(v) FINAL REGULATIONS.—Not later than January

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

primary drinking water regulation for arsenic.

‘‘(vi) AUTHORIZATION.—There are authorized to be

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

through 2000 for the studies required by this paragraph.

‘‘(B) SULFATE.—

‘‘(i) ADDITIONAL STUDY.—Prior to promulgating a

national primary drinking water regulation for sulfate,

the Administrator and the Director of the Centers for

Disease Control and Prevention shall jointly conduct

an additional study to establish a reliable doseresponse relationship for the adverse human health

effects that may result from exposure to sulfate in

drinking water, including the health effects that may

be experienced by groups within the general population

(including infants and travelers) that are potentially

at greater risk of adverse health effects as the result

of such exposure. The study shall be conducted in

consultation with interested States, shall be based on

the best available, peer-reviewed science and supporting studies conducted in accordance with sound and

objective scientific practices, and shall be completed

not later than 30 months after the date of enactment

of the Safe Drinking Water Act Amendments of 1996.

‘‘(ii) DETERMINATION.—The Administrator shall include

sulfate among the 5 or more contaminants for which a

determination is made pursuant to paragraph (3)(B) not

later than 5 years after the date of enactment of the

Safe Drinking Water Act Amendments of 1996.

‘‘(iii) PROPOSED AND FINAL RULE.—Notwithstanding the

deadlines set forth in paragraph (2), the Administrator

may, pursuant to the authorities of this subsection and

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

for sulfate. Any such regulation shall include requirements

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

of complying with the regulation in lieu of a best available

treatment technology or other means.’’.

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

by inserting after paragraph (12) the following:

‘‘(13) RADON IN DRINKING WATER.—

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

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

of this paragraph and shall propose and promulgate a

regulation for radon under this section, as amended by

the Safe Drinking Water Act Amendments of 1996.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1629

‘‘(B) RISK ASSESSMENT AND STUDIES.—

‘‘(i) ASSESSMENT BY NAS.—Prior to proposing a

national primary drinking water regulation for radon,

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

in drinking water using the best available science in

accordance with the requirements of paragraph (3).

The risk assessment shall consider each of the risks

associated with exposure to radon from drinking water

and consider studies on the health effects of radon

at levels and under conditions likely to be experienced

through residential exposure. The risk assessment

shall be peer-reviewed.

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

Sciences to prepare an assessment of the health risk

reduction benefits associated with various mitigation

measures to reduce radon levels in indoor air. The

assessment may be conducted as part of the risk

assessment authorized by clause (i) and shall be used

by the Administrator to prepare the guidance and

approve State programs under subparagraph (G).

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

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

to prepare such assessments or studies.

‘‘(C) HEALTH RISK REDUCTION AND COST ANALYSIS.—

Not later than 30 months after the date of enactment

of this paragraph, the Administrator shall publish, and

seek public comment on, a health risk reduction and cost

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

potential maximum contaminant levels that are being

considered for radon in drinking water. The Administrator

shall include a response to all significant public comments

received on the analysis with the preamble for the proposed

rule published under subparagraph (D).

‘‘(D) PROPOSED REGULATION.—Not later than 36

months after the date of enactment of this paragraph,

the Administrator shall propose a maximum contaminant

level goal and a national primary drinking water regulation

for radon pursuant to this section.

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

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

the Administrator shall publish a maximum contaminant

level goal and promulgate a national primary drinking

water regulation for radon pursuant to this section based

on the risk assessment prepared pursuant to subparagraph

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

risk assessment and the health risk reduction and cost

analysis in connection with the promulgation of such a

standard, the Administrator shall take into account the

costs and benefits of control programs for radon from other

sources.

Publication.

Contracts.
110 STAT. 1630 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(F) ALTERNATIVE MAXIMUM CONTAMINANT LEVEL.—If

the maximum contaminant level for radon in drinking

water promulgated pursuant to subparagraph (E) is more

stringent than necessary to reduce the contribution to

radon in indoor air from drinking water to a concentration

that is equivalent to the national average concentration

of radon in outdoor air, the Administrator shall, simultaneously with the promulgation of such level, promulgate

an alternative maximum contaminant level for radon that

would result in a contribution of radon from drinking water

to radon levels in indoor air equivalent to the national

average concentration of radon in outdoor air. If the

Administrator promulgates an alternative maximum

contaminant level under this subparagraph, the Administrator shall, after notice and opportunity for public comment and in consultation with the States, publish guidelines for State programs, including criteria for multimedia

measures to mitigate radon levels in indoor air, to be

used by the States in preparing programs under subparagraph (G). The guidelines shall take into account data

from existing radon mitigation programs and the assessment of mitigation measures prepared under subparagraph

(B).

‘‘(G) MULTIMEDIA RADON MITIGATION PROGRAMS.—

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

a multimedia program to mitigate radon levels in

indoor air for approval by the Administrator under

this subparagraph. If, after notice and the opportunity

for public comment, such program is approved by the

Administrator, public water systems in the State may

comply with the alternative maximum contaminant

level promulgated under subparagraph (F) in lieu of

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

subparagraph (E).

‘‘(ii) ELEMENTS OF PROGRAMS.—State programs

may rely on a variety of mitigation measures including

public education, testing, training, technical assistance,

remediation grant and loan or incentive programs, or

other regulatory or nonregulatory measures. The

effectiveness of elements in State programs shall be

evaluated by the Administrator based on the assessment prepared by the National Academy of Sciences

under subparagraph (B) and the guidelines published

by the Administrator under subparagraph (F).

‘‘(iii) APPROVAL.—The Administrator shall approve

a State program submitted under this paragraph if

the health risk reduction benefits expected to be

achieved by the program are equal to or greater than

the health risk reduction benefits that would be

achieved if each public water system in the State complied with the maximum contaminant level promulgated under subparagraph (E). The Administrator shall

approve or disapprove a program submitted under this

paragraph within 180 days of receipt. A program that

is not disapproved during such period shall be deemed

approved. A program that is disapproved may be modiPublication.

Guidelines.

Regulations.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1631

fied to address the objections of the Administrator

and be resubmitted for approval.

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

each multimedia mitigation program approved under

this subparagraph to determine whether it continues

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

written notice to the State and an opportunity for

the State to correct any deficiency in the program,

withdraw approval of programs that no longer comply

with such requirements.

‘‘(v) EXTENSION.—If, within 90 days after the

promulgation of an alternative maximum contaminant

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

submits a letter to the Administrator committing to

develop a multimedia mitigation program under this

subparagraph, the effective date of the national primary drinking water regulation for radon in the State

that would be applicable under paragraph (10) shall

be extended for a period of 18 months.

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

chooses not to submit a multimedia mitigation program

for approval under this subparagraph or has submitted

a program that has been disapproved, any public water

system in the State may submit a program for approval

by the Administrator according to the same criteria,

conditions, and approval process that would apply to

a State program. The Administrator shall approve a

multimedia mitigation program if the health risk

reduction benefits expected to be achieved by the program are equal to or greater than the health risk

reduction benefits that would result from compliance

by the public water system with the maximum

contaminant level for radon promulgated under

subparagraph (E).’’.

SEC. 110. RECYCLING OF FILTER BACKWASH.

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

the following new paragraph after paragraph (13):

‘‘(14) RECYCLING OF FILTER BACKWASH.—The Administrator

shall promulgate a regulation to govern the recycling of filter

backwash water within the treatment process of a public water

system. The Administrator shall promulgate such regulation

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

Safe Drinking Water Act Amendments of 1996 unless such

recycling has been addressed by the Administrator’s Enhanced

Surface Water Treatment Rule prior to such date.’’.

SEC. 111. TECHNOLOGY AND TREATMENT TECHNIQUES.

(a) VARIANCE TECHNOLOGIES.—Section 1412(b) (42 U.S.C. 300g–

1(b)) is amended by adding the following new paragraph after

paragraph (14):

‘‘(15) VARIANCE TECHNOLOGIES.— ‘‘(A) IN GENERAL.—At the same time as the Administrator promulgates a national primary drinking water regulation for a contaminant pursuant to this section, the

Administrator shall issue guidance or regulations describing the best treatment technologies, treatment techniques,

Regulations.

Regulations.
110 STAT. 1632 PUBLIC LAW 104–182—AUG. 6, 1996

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

technology’) for the contaminant that the Administrator

finds, after examination for efficacy under field conditions

and not solely under laboratory conditions, are available

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

be treated. The Administrator shall identify such variance

technologies for public water systems serving—

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

3,300;

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

500; and

‘‘(iii) a population of 500 or fewer but more than

25,

if, considering the quality of the source water to be treated,

no treatment technology is listed for public water systems

of that size under paragraph (4)(E). Variance technologies

identified by the Administrator pursuant to this paragraph

may not achieve compliance with the maximum contaminant level or treatment technique requirement of such

regulation, but shall achieve the maximum reduction or

inactivation efficiency that is affordable considering the

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

The guidance or regulations shall not require the use of

a technology from a specific manufacturer or brand.

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

any variance technology under this paragraph, unless the

Administrator has determined, considering the quality of

the source water to be treated and the expected useful

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

‘‘(C) ADDITIONAL INFORMATION.—The Administrator

shall include in the guidance or regulations identifying

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

to in subparagraph (B), where such assumptions concern

the public water system to which the technology may be

applied, or its source waters. The Administrator shall provide any assumptions used in determining affordability,

taking into consideration the number of persons served

by such systems. The Administrator shall provide as much

reliable information as practicable on performance,

effectiveness, limitations, costs, and other relevant factors

including the applicability of variance technology to waters

from surface and underground sources.

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

years after the date of enactment of this paragraph and

after consultation with the States, the Administrator shall

issue guidance or regulations under subparagraph (A) for

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

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

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

issue guidance or regulations describing additional variance

technologies. The Administrator shall, not less often than
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1633

every 7 years, or upon receipt of a petition supported

by substantial information, review variance technologies

identified under this paragraph. The Administrator shall

issue revised guidance or regulations if new or innovative

variance technologies become available that meet the

requirements of this paragraph and achieve an equal or

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

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

technology has been listed under this subparagraph.’’.

(b) AVAILABILITY OF INFORMATION ON SMALL SYSTEM TECHNOLOGIES.—Section 1445 (42 U.S.C. 300j–4) is amended by adding

the following new subsection after subsection (g):

‘‘(h) AVAILABILITY OF INFORMATION ON SMALL SYSTEM TECHNOLOGIES.—For purposes of sections 1412(b)(4)(E) and 1415(e)

(relating to small system variance program), the Administrator

may request information on the characteristics of commercially

available treatment systems and technologies, including the

effectiveness and performance of the systems and technologies

under various operating conditions. The Administrator may specify

the form, content, and submission date of information to be submitted by manufacturers, States, and other interested persons for

the purpose of considering the systems and technologies in the

development of regulations or guidance under sections 1412(b)(4)(E)

and 1415(e).’’.

SEC. 112. STATE PRIMACY.

(a) STATE PRIMARY ENFORCEMENT RESPONSIBILITY.—Section

1413 (42 U.S.C. 300g–2) is amended as follows:

(1) In subsection (a), by amending paragraph (1) to read

as follows:

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

less stringent than the national primary drinking water regulations promulgated by the Administrator under subsections (a)

and (b) of section 1412 not later than 2 years after the date

on which the regulations are promulgated by the Administrator,

except that the Administrator may provide for an extension

of not more than 2 years if, after submission and review of

appropriate, adequate documentation from the State, the

Administrator determines that the extension is necessary and

justified;’’.

(2) By adding at the end the following subsection:

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

has primary enforcement authority under this section with respect

to each existing national primary drinking water regulation shall

be considered to have primary enforcement authority with respect

to each new or revised national primary drinking water regulation

during the period beginning on the effective date of a regulation

adopted and submitted by the State with respect to the new or

revised national primary drinking water regulation in accordance

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

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

the regulation.’’.

(b) EMERGENCY PLANS.—Section 1413(a)(5) (42 U.S.C. 300g–

2(a)(5)) is amended by inserting after ‘‘emergency circumstances’’
110 STAT. 1634 PUBLIC LAW 104–182—AUG. 6, 1996

the following: ‘‘including earthquakes, floods, hurricanes, and other

natural disasters, as appropriate’’.

SEC. 113. ENFORCEMENT; JUDICIAL REVIEW.

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

as follows:

(1) In subsection (a)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) in clause (i), by striking ‘‘any national primary drinking water regulation in effect under

section 1412’’ and inserting ‘‘any applicable

requirement’’; and

(II) by striking ‘‘with such regulation or

requirement’’ and inserting ‘‘with the requirement’’; and

(ii) in subparagraph (B), by striking ‘‘regulation

or’’ and inserting ‘‘applicable’’; and

(B) by striking paragraph (2) and inserting the following:

‘‘(2) ENFORCEMENT IN NONPRIMACY STATES.—

‘‘(A) IN GENERAL.—If, on the basis of information available to the Administrator, the Administrator finds, with

respect to a period in which a State does not have primary

enforcement responsibility for public water systems, that

a public water system in the State—

‘‘(i) for which a variance under section 1415 or

an exemption under section 1416 is not in effect, does

not comply with any applicable requirement; or

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

an exemption under section 1416 is in effect, does

not comply with any schedule or other requirement

imposed pursuant to the variance or exemption;

the Administrator shall issue an order under subsection

(g) requiring the public water system to comply with the

requirement, or commence a civil action under subsection

(b).

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

pursuant to this paragraph, the Administrator shall notify

an appropriate local elected official, if any, with jurisdiction

over the public water system of the action prior to the

time that the action is taken.’’.

(2) In the first sentence of subsection (b), by striking ‘‘a

national primary drinking water regulation’’ and inserting ‘‘any

applicable requirement’’.

(3) In subsection (g)—

(A) in paragraph (1), by striking ‘‘regulation, schedule,

or other’’ each place it appears and inserting ‘‘applicable’’;

(B) in paragraph (2)—

(i) in the first sentence—

(I) by striking ‘‘effect until after notice and

opportunity for public hearing and,’’ and inserting

‘‘effect,’’; and

(II) by striking ‘‘proposed order’’ and inserting

‘‘order’’; and

(ii) in the second sentence, by striking ‘‘proposed

to be’’; and

Orders.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1635

(C) in paragraph (3)—

(i) by striking subparagraph (B) and inserting the

following:

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

shall be assessed by the Administrator after notice and opportunity

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

is assessed requests a hearing on the record in accordance with

section 554 of title 5, United States Code). In a case in which

a civil penalty sought by the Administrator under this paragraph

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

be assessed by the Administrator after notice and opportunity for

a hearing on the record in accordance with section 554 of title

5, United States Code.’’; and

(ii) in subparagraph (C), by striking ‘‘paragraph

exceeds $5,000’’ and inserting ‘‘subsection for a violation of an applicable requirement exceeds $25,000’’.

(4) By adding at the end the following:

‘‘(h) CONSOLIDATION INCENTIVE.—

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

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

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

primary enforcement responsibility) a plan (including specific

measures and schedules) for—

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

or more other systems;

‘‘(B) the consolidation of significant management and

administrative functions of the system with 1 or more

other systems; or

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

reasonably be expected to improve drinking water quality.

‘‘(2) CONSEQUENCES OF APPROVAL.—If the State or the

Administrator approves a plan pursuant to paragraph (1), no

enforcement action shall be taken pursuant to this part with

respect to a specific violation identified in the approved plan

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

consolidation is completed according to the plan or the date

that is 2 years after the plan is approved.

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

the term ‘applicable requirement’ means—

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

1441, or 1445;

‘‘(2) a regulation promulgated pursuant to a section referred

to in paragraph (1);

‘‘(3) a schedule or requirement imposed pursuant to a section referred to in paragraph (1); and

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

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

this part.’’.

(b) STATE AUTHORITY FOR ADMINISTRATIVE PENALTIES.—Section

1413(a) (42 U.S.C. 300g–2(a)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5)

and inserting ‘‘; and’’; and
110 STAT. 1636 PUBLIC LAW 104–182—AUG. 6, 1996

(3) by adding at the end the following:

‘‘(6) has adopted authority for administrative penalties

(unless the constitution of the State prohibits the adoption

of the authority) in a maximum amount—

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

more than 10,000, that is not less than $1,000 per day

per violation; and

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

to ensure compliance (as determined by the State);

except that a State may establish a maximum limitation on

the total amount of administrative penalties that may be

imposed on a public water system per violation.’’.

(c) JUDICIAL REVIEW.—Section 1448(a) (42 U.S.C. 300j–7(a))

is amended—

(1) in paragraph (2) of the first sentence, by inserting

‘‘final’’ after ‘‘any other’’;

(2) in the second sentence, by striking ‘‘or issuance of

the order’’ and inserting ‘‘or any other final Agency action’’;

and

(3) by adding at the end the following ‘‘In any petition

concerning the assessment of a civil penalty pursuant to section

1414(g)(3)(B), the petitioner shall simultaneously send a copy

of the complaint by certified mail to the Administrator and

the Attorney General. The court shall set aside and remand

the penalty order if the court finds that there is not substantial

evidence in the record to support the finding of a violation

or that the assessment of the penalty by the Administrator

constitutes an abuse of discretion.’’.

(d) EMERGENCY POWERS.—Section 1431(b) (42 U.S.C. 300i(b))

is amended by striking ‘‘$5,000’’ and inserting ‘‘$15,000’’.

SEC. 114. PUBLIC NOTIFICATION.

(a) PUBLIC WATER SYSTEMS.—Section 1414(c) (42 U.S.C. 300g–

3(c)) is amended to read as follows:

‘‘(c) NOTICE TO PERSONS SERVED.—

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

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

served by the system:

‘‘(A) Notice of any failure on the part of the public

water system to—

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

a testing procedure prescribed by, a national primary

drinking water regulation; or

‘‘(ii) perform monitoring required by section

1445(a).

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

granted under subsection (a)(1)(A), (a)(2), or (e) of section

1415 for an inability to meet a maximum contaminant

level requirement or is subject to an exemption granted

under section 1416, notice of—

‘‘(i) the existence of the variance or exemption;

and

‘‘(ii) any failure to comply with the requirements

of any schedule prescribed pursuant to the variance

or exemption.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1637

‘‘(C) Notice of the concentration level of any unregulated contaminant for which the Administrator has

required public notice pursuant to paragraph (2)(E).

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

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

manner, frequency, form, and content for giving notice

under this subsection. The regulations shall—

‘‘(i) provide for different frequencies of notice based

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

or frequent; and

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

‘‘(B) STATE REQUIREMENTS.—

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

alternative notification requirements—

‘‘(I) with respect to the form and content of

notice given under and in a manner in accordance

with subparagraph (C); and

‘‘(II) with respect to the form and content of

notice given under subparagraph (D).

‘‘(ii) CONTENTS.—The alternative requirements

shall provide the same type and amount of information

as required pursuant to this subsection and regulations

issued under subparagraph (A).

‘‘(iii) RELATIONSHIP TO SECTION 1413.—Nothing in

this subparagraph shall be construed or applied to

modify the requirements of section 1413.

‘‘(C) VIOLATIONS WITH POTENTIAL TO HAVE SERIOUS

ADVERSE EFFECTS ON HUMAN HEALTH.—Regulations issued

under subparagraph (A) shall specify notification procedures for each violation by a public water system that

has the potential to have serious adverse effects on human

health as a result of short-term exposure. Each notice

of violation provided under this subparagraph shall—

‘‘(i) be distributed as soon as practicable after the

occurrence of the violation, but not later than 24 hours

after the occurrence of the violation;

‘‘(ii) provide a clear and readily understandable

explanation of—

‘‘(I) the violation;

‘‘(II) the potential adverse effects on human

health;

‘‘(III) the steps that the public water system

is taking to correct the violation; and

‘‘(IV) the necessity of seeking alternative water

supplies until the violation is corrected;

‘‘(iii) be provided to the Administrator or the head

of the State agency that has primary enforcement

responsibility under section 1413 as soon as practicable, but not later than 24 hours after the occurrence

of the violation; and

‘‘(iv) as required by the State agency in general

regulations of the State agency, or on a case-by-case

basis after the consultation referred to in clause (iii),

considering the health risks involved—

Regulations.
110 STAT. 1638 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(I) be provided to appropriate broadcast

media;

‘‘(II) be prominently published in a newspaper

of general circulation serving the area not later

than 1 day after distribution of a notice pursuant

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

issue of the newspaper; or

‘‘(III) be provided by posting or door-to-door

notification in lieu of notification by means of

broadcast media or newspaper.

‘‘(D) WRITTEN NOTICE.—

‘‘(i) IN GENERAL.—Regulations issued under

subparagraph (A) shall specify notification procedures

for violations other than the violations covered by

subparagraph (C). The procedures shall specify that

a public water system shall provide written notice to

each person served by the system by notice (I) in

the first bill (if any) prepared after the date of occurrence of the violation, (II) in an annual report issued

not later than 1 year after the date of occurrence

of the violation, or (III) by mail or direct delivery

as soon as practicable, but not later than 1 year after

the date of occurrence of the violation.

‘‘(ii) FORM AND MANNER OF NOTICE.—The Administrator shall prescribe the form and manner of the

notice to provide a clear and readily understandable

explanation of the violation, any potential adverse

health effects, and the steps that the system is taking

to seek alternative water supplies, if any, until the

violation is corrected.

‘‘(E) UNREGULATED CONTAMINANTS.—The Administrator may require the owner or operator of a public water

system to give notice to the persons served by the system

of the concentration levels of an unregulated contaminant

required to be monitored under section 1445(a).

‘‘(3) REPORTS.—

‘‘(A) ANNUAL REPORT BY STATE.—

‘‘(i) IN GENERAL.—Not later than January 1, 1998,

and annually thereafter, each State that has primary

enforcement responsibility under section 1413 shall

prepare, make readily available to the public, and submit to the Administrator an annual report on violations

of national primary drinking water regulations by public water systems in the State, including violations

with respect to (I) maximum contaminant levels, (II)

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

to be significant by the Administrator after consultation with the States.

‘‘(ii) DISTRIBUTION.—The State shall publish and

distribute summaries of the report and indicate where

the full report is available for review.

‘‘(B) ANNUAL REPORT BY ADMINISTRATOR.—Not later

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

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

Native

Americans.

Publication.

Reports.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1639

submitted by public water systems serving Indian Tribes

provided to the Administrator pursuant to subparagraph

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

concerning the resources needed to improve compliance

with this title. The report shall include information about

public water system compliance on Indian reservations and

about enforcement activities undertaken and financial

assistance provided by the Administrator on Indian reservations, and shall make specific recommendations

concerning the resources needed to improve compliance

with this title on Indian reservations.

‘‘(4) CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER

SYSTEMS.—

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

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

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

system to mail to each customer of the system at least

once annually a report on the level of contaminants in

the drinking water purveyed by that system (referred to

in this paragraph as a ‘consumer confidence report’). Such

regulations shall provide a brief and plainly worded definition of the terms ‘maximum contaminant level goal’, ‘maximum contaminant level’, ‘variances’, and ‘exemptions’ and

brief statements in plain language regarding the health

concerns that resulted in regulation of each regulated

contaminant. The regulations shall also include a brief

and plainly worded explanation regarding contaminants

that may reasonably be expected to be present in drinking

water, including bottled water. The regulations shall also

provide for an Environmental Protection Agency toll-free

hotline that consumers can call for more information and

explanation.

‘‘(B) CONTENTS OF REPORT.—The consumer confidence

reports under this paragraph shall include, but not be

limited to, each of the following:

‘‘(i) Information on the source of the water

purveyed.

‘‘(ii) A brief and plainly worded definition of the

terms ‘maximum contaminant level goal’, ‘maximum

contaminant level’, ‘variances’, and ‘exemptions’ as provided in the regulations of the Administrator.

‘‘(iii) If any regulated contaminant is detected in

the water purveyed by the public water system, a

statement setting forth (I) the maximum contaminant

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

the level of such contaminant in such water system,

and (IV) for any regulated contaminant for which there

has been a violation of the maximum contaminant

level during the year concerned, the brief statement

in plain language regarding the health concerns that

resulted in regulation of such contaminant, as provided

by the Administrator in regulations under subparagraph (A).

Regulations.
110 STAT. 1640 PUBLIC LAW 104–182—AUG. 6, 1996

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

Administrator, and notice if the system is operating

under a variance or exemption and the basis on which

the variance or exemption was granted.

‘‘(v) Information on the levels of unregulated

contaminants for which monitoring is required under

section 1445(a)(2) (including levels of cryptosporidium

and radon where States determine they may be found).

‘‘(vi) A statement that the presence of contaminants in drinking water does not necessarily indicate

that the drinking water poses a health risk and that

more information about contaminants and potential

health effects can be obtained by calling the Environmental Protection Agency hotline.

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

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

clause (iii), require a consumer confidence report under

this paragraph to include the brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant or contaminants concerned, as

provided by the Administrator in regulations under

subparagraph (A).

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

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

persons. Any such system shall—

‘‘(i) inform, in the newspaper notice required by

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

system will not be mailing the report as required by

subparagraph (A);

‘‘(ii) make the consumer confidence report available

upon request to the public; and

‘‘(iii) publish the report referred to in subparagraph

(A) annually in one or more local newspapers serving

the area in which customers of the system are located.

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

is not required to meet the mailing requirement of subparagraph (A) and which serves 500 persons or fewer, the

community water system may elect not to comply with

clause (i) or (iii) of subparagraph (C). If the community

water system so elects, the system shall, at a minimum—

‘‘(i) prepare an annual consumer confidence report

pursuant to subparagraph (B); and

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

of its customers by mail, by door-to-door delivery, by

posting or by other means authorized by the regulations of the Administrator that the consumer confidence report is available upon request.

‘‘(E) ALTERNATIVE FORM AND CONTENT.—A State

exercising primary enforcement responsibility may establish, by rule, after notice and public comment, alternative

requirements with respect to the form and content of

consumer confidence reports under this paragraph.’’.

Reports.

Publication.

Newspapers.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1641

(b) BOTTLED WATER STUDY.—Not later than 18 months after

the date of enactment of this Act, the Administrator of the Food

and Drug Administration, in consultation with the Administrator

of the Environmental Protection Agency, shall publish for public

notice and comment a draft study on the feasibility of appropriate

methods, if any, of informing customers of the contents of bottled

water. The Administrator of the Food and Drug Administration

shall publish a final study not later than 30 months after the

date of enactment of this Act.

SEC. 115. VARIANCES.

The second sentence of section 1415(a)(1)(A) (42 U.S.C. 300g–

4(a)(1)(A)) is amended—

(1) by striking ‘‘only be issued to a system after the system’s

application of’’ and inserting ‘‘be issued to a system on condition

that the system install’’; and

(2) by inserting before the period at the end the following:

‘‘, and based upon an evaluation satisfactory to the State that

indicates that alternative sources of water are not reasonably

available to the system’’.

SEC. 116. SMALL SYSTEMS VARIANCES.

Section 1415 (42 U.S.C. 300g–4) is amended by adding at

the end the following:

‘‘(e) SMALL SYSTEM VARIANCES.— ‘‘(1) IN GENERAL.—A State exercising primary enforcement

responsibility for public water systems under section 1413 (or

the Administrator in nonprimacy States) may grant a variance

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

contained in a national primary drinking water regulation to—

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

‘‘(B) with the approval of the Administrator pursuant

to paragraph (9), public water systems serving more than

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

if the variance meets each requirement of this subsection.

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

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

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

size and source water quality conditions of the public water

system;

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

maintains, in accordance with guidance or regulations

issued by the Administrator, such treatment technology,

treatment technique, or other means; and

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

‘‘(3) CONDITIONS FOR GRANTING VARIANCES.—A variance

under this subsection shall be available only to a system—

‘‘(A) that cannot afford to comply, in accordance with

affordability criteria established by the Administrator (or

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

primary drinking water regulation, including compliance

through—

‘‘(i) treatment;

Publication.

21 USC 349 note.
110 STAT. 1642 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(ii) alternative source of water supply; or

‘‘(iii) restructuring or consolidation (unless the

Administrator (or the State in the case of a State

that has primary enforcement responsibility under section 1413) makes a written determination that

restructuring or consolidation is not practicable); and

‘‘(B) for which the Administrator (or the State in the

case of a State that has primary enforcement responsibility

under section 1413) determines that the terms of the variance ensure adequate protection of human health, considering the quality of the source water for the system and

the removal efficiencies and expected useful life of the

treatment technology required by the variance.

‘‘(4) COMPLIANCE SCHEDULES.—A variance granted under

this subsection shall require compliance with the conditions

of the variance not later than 3 years after the date on which

the variance is granted, except that the Administrator (or the

State in the case of a State that has primary enforcement

responsibility under section 1413) may allow up to 2 additional

years to comply with a variance technology, secure an alternative source of water, restructure or consolidate if the

Administrator (or the State) determines that additional time

is necessary for capital improvements, or to allow for financial

assistance provided pursuant to section 1452 or any other Federal or State program.

‘‘(5) DURATION OF VARIANCES.—The Administrator (or the

State in the case of a State that has primary enforcement

responsibility under section 1413) shall review each variance

granted under this subsection not less often than every 5 years

after the compliance date established in the variance to determine whether the system remains eligible for the variance

and is conforming to each condition of the variance.

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

be available under this subsection for—

‘‘(A) any maximum contaminant level or treatment

technique for a contaminant with respect to which a

national primary drinking water regulation was promulgated prior to January 1, 1986; or

‘‘(B) a national primary drinking water regulation for

a microbial contaminant (including a bacterium, virus, or

other organism) or an indicator or treatment technique

for a microbial contaminant.

‘‘(7) REGULATIONS AND GUIDANCE.—

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

date of enactment of this subsection and in consultation

with the States, the Administrator shall promulgate regulations for variances to be granted under this subsection.

The regulations shall, at a minimum, specify—

‘‘(i) procedures to be used by the Administrator

or a State to grant or deny variances, including requirements for notifying the Administrator and consumers

of the public water system that a variance is proposed

to be granted (including information regarding the

contaminant and variance) and requirements for a public hearing on the variance before the variance is

granted;

Review.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1643

‘‘(ii) requirements for the installation and proper

operation of variance technology that is identified

(pursuant to section 1412(b)(15)) for small systems and

the financial and technical capability to operate the

treatment system, including operator training and certification;

‘‘(iii) eligibility criteria for a variance for each

national primary drinking water regulation, including

requirements for the quality of the source water (pursuant to section 1412(b)(15)(A)); and

‘‘(iv) information requirements for variance

applications.

‘‘(B) AFFORDABILITY CRITERIA.—Not later than 18

months after the date of enactment of the Safe Drinking

Water Act Amendments of 1996, the Administrator, in

consultation with the States and the Rural Utilities Service

of the Department of Agriculture, shall publish information

to assist the States in developing affordability criteria.

The affordability criteria shall be reviewed by the States

not less often than every 5 years to determine if changes

are needed to the criteria.

‘‘(8) REVIEW BY THE ADMINISTRATOR.—

‘‘(A) IN GENERAL.—The Administrator shall periodically

review the program of each State that has primary enforcement responsibility for public water systems under section

1413 with respect to variances to determine whether the

variances granted by the State comply with the requirements of this subsection. With respect to affordability, the

determination of the Administrator shall be limited to

whether the variances granted by the State comply with

the affordability criteria developed by the State.

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

determines that variances granted by a State are not in

compliance with affordability criteria developed by the

State and the requirements of this subsection, the Administrator shall notify the State in writing of the deficiencies

and make public the determination.

‘‘(9) APPROVAL OF VARIANCES.—A State proposing to grant

a variance under this subsection to a public water system

serving more than 3,300 and fewer than 10,000 persons shall

submit the variance to the Administrator for review and

approval prior to the issuance of the variance. The Administrator shall approve the variance if it meets each of the requirements of this subsection. The Administrator shall approve or

disapprove the variance within 90 days. If the Administrator

disapproves a variance under this paragraph, the Administrator

shall notify the State in writing of the reasons for disapproval

and the variance may be resubmitted with modifications to

address the objections stated by the Administrator.

‘‘(10) OBJECTIONS TO VARIANCES.—

‘‘(A) BY THE ADMINISTRATOR.—The Administrator may

review and object to any variance proposed to be granted

by a State, if the objection is communicated to the State

not later than 90 days after the State proposes to grant

the variance. If the Administrator objects to the granting

of a variance, the Administrator shall notify the State

in writing of each basis for the objection and propose a

Notification.

Notification.

Review.

Publication.
110 STAT. 1644 PUBLIC LAW 104–182—AUG. 6, 1996

modification to the variance to resolve the concerns of

the Administrator. The State shall make the recommended

modification or respond in writing to each objection. If

the State issues the variance without resolving the concerns

of the Administrator, the Administrator may overturn the

State decision to grant the variance if the Administrator

determines that the State decision does not comply with

this subsection.

‘‘(B) PETITION BY CONSUMERS.—Not later than 30 days

after a State exercising primary enforcement responsibility

for public water systems under section 1413 proposes to

grant a variance for a public water system, any person

served by the system may petition the Administrator to

object to the granting of a variance. The Administrator

shall respond to the petition and determine whether to

object to the variance under subparagraph (A) not later

than 60 days after the receipt of the petition.

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

until the later of the following:

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

variance.

‘‘(ii) If the Administrator objects to the variance,

the date on which the State makes the recommended

modifications or responds in writing to each objection.’’.

SEC. 117. EXEMPTIONS.

(a) IN GENERAL.—Section 1416 (42 U.S.C. 300g–5) is amended

as follows:

(1) In subsection (a)(1)—

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

factors’’ the following: ‘‘, including qualification of the public

water system as a system serving a disadvantaged community pursuant to section 1452(d)’’; and

(B) by inserting after ‘‘treatment technique requirement,’’ the following: ‘‘or to implement measures to develop

an alternative source of water supply,’’.

(2) In subsection (a), by striking ‘‘and’’ at the end of paragraph (2), striking the period at the end of paragraph (3)

and inserting ‘‘; and’’ and by adding the following at the end

thereof:

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

reasonably be made that will result in compliance with this

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

of the drinking water.’’.

(3) In subsection (b)(1)(A)—

(A) by striking ‘‘(including increments of progress)’’

and inserting ‘‘(including increments of progress or measures to develop an alternative source of water supply)’’;

and

(B) by striking ‘‘requirement and treatment’’ and

inserting ‘‘requirement or treatment’’.

(4) In subsection (b)(2)—

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

(B))’’ in subparagraph (A) and all that follows through

‘‘3 years after the date of the issuance of the exemption

if’’ in subparagraph (B) and inserting the following: ‘‘not
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1645

later than 3 years after the otherwise applicable compliance

date established in section 1412(b)(10).

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

(B) in subparagraph (B)(i), by striking ‘‘within the

period of such exemption’’ and inserting ‘‘prior to the date

established pursuant to section 1412(b)(10)’’;

(C) in subparagraph (B)(ii), by inserting after ‘‘such

financial assistance’’ the following: ‘‘or assistance pursuant

to section 1452, or any other Federal or State program

is reasonably likely to be available within the period of

the exemption’’;

(D) in subparagraph (C)—

(i) by striking ‘‘500 service connections’’ and inserting ‘‘a population of 3,300’’; and

(ii) by inserting ‘‘, but not to exceed a total of

6 years,’’ after ‘‘for one or more additional 2-year periods’’; and

(E) by adding at the end the following:

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

exemption under this section if the system was granted a variance

under section 1415(e).’’.

(b) LIMITED ADDITIONAL COMPLIANCE PERIOD.—(1) The State

of New York, on a case-by-case basis and after notice and an

opportunity of at least 60 days for public comment, may allow

an additional period for compliance with the Surface Water Treatment Rule established pursuant to section 1412(b)(7)(C) of the

Safe Drinking Water Act in the case of unfiltered systems in Essex,

Columbia, Greene, Dutchess, Rensselaer, Schoharie, Saratoga,

Washington, and Warren Counties serving a population of less

than 5,000, which meet appropriate disinfection requirements and

have adequate watershed protections, so long as the State determines that the public health will be protected during the duration

of the additional compliance period and the system agrees to implement appropriate control measures as determined by the State.

(2) The additional compliance period referred to in paragraph

(1) shall expire on the earlier of the date 3 years after the date

on which the Administrator identifies appropriate control technology

for the Surface Water Treatment Rule for public water systems

in the category that includes such system pursuant to section

1412(b)(4)(E) of the Safe Drinking Water Act or 5 years after

the date of enactment of the Safe Drinking Water Act Amendments

of 1996.

SEC. 118. LEAD PLUMBING AND PIPES.

Section 1417 (42 U.S.C. 300g–6) is amended as follows:

(1) In subsection (a), by striking paragraph (1) and inserting the following:

‘‘(1) PROHIBITIONS.—

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

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

flux, after June 19, 1986, in the installation or repair

of—

‘‘(i) any public water system; or

‘‘(ii) any plumbing in a residential or

nonresidential facility providing water for human

consumption,

Expiration.
110 STAT. 1646 PUBLIC LAW 104–182—AUG. 6, 1996

that is not lead free (within the meaning of subsection

(d)).

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

to leaded joints necessary for the repair of cast iron pipes.’’.

(2) In subsection (a)(2)(A), by inserting ‘‘owner or operator

of a’’ after ‘‘Each’’.

(3) By adding at the end of subsection (a) the following:

‘‘(3) UNLAWFUL ACTS.—Effective 2 years after the date of

enactment of this paragraph, it shall be unlawful—

‘‘(A) for any person to introduce into commerce any

pipe, or any pipe or plumbing fitting or fixture, that is

not lead free, except for a pipe that is used in manufacturing or industrial processing;

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

plumbing supplies, except manufacturers, to sell solder

or flux that is not lead free; or

‘‘(C) for any person to introduce into commerce any

solder or flux that is not lead free unless the solder or

flux bears a prominent label stating that it is illegal to

use the solder or flux in the installation or repair of any

plumbing providing water for human consumption.’’.

(4) In subsection (d)—

(A) by striking ‘‘lead, and’’ in paragraph (1) and inserting ‘‘lead;’’;

(B) by striking ‘‘lead.’’ in paragraph (2) and inserting

‘‘lead; and’’; and

(C) by adding at the end the following:

‘‘(3) when used with respect to plumbing fittings and fixtures, refers to plumbing fittings and fixtures in compliance

with standards established in accordance with subsection (e).’’.

(5) By adding at the end the following:

‘‘(e) PLUMBING FITTINGS AND FIXTURES.—

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

and timely technical information and assistance to qualified

third-party certifiers in the development of voluntary standards

and testing protocols for the leaching of lead from new plumbing

fittings and fixtures that are intended by the manufacturer

to dispense water for human ingestion.

‘‘(2) STANDARDS.—

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

leaching of lead is not established by the date that is

1 year after the date of enactment of this subsection, the

Administrator shall, not later than 2 years after the date

of enactment of this subsection, promulgate regulations

setting a health-effects-based performance standard

establishing maximum leaching levels from new plumbing

fittings and fixtures that are intended by the manufacturer

to dispense water for human ingestion. The standard shall

become effective on the date that is 5 years after the

date of promulgation of the standard.

‘‘(B) ALTERNATIVE REQUIREMENT.—If regulations are

required to be promulgated under subparagraph (A) and

have not been promulgated by the date that is 5 years

after the date of enactment of this subsection, no person

may import, manufacture, process, or distribute in commerce a new plumbing fitting or fixture, intended by the

Effective date.

Effective date.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1647

manufacturer to dispense water for human ingestion, that

contains more than 4 percent lead by dry weight.’’.

SEC. 119. CAPACITY DEVELOPMENT.

Part B (42 U.S.C. 300g et seq.) is amended by adding after

section 1419 the following:

‘‘CAPACITY DEVELOPMENT

‘‘SEC. 1420. (a) STATE AUTHORITY FOR NEW SYSTEMS.—A State

shall receive only 80 percent of the allotment that the State is

otherwise entitled to receive under section 1452 (relating to State

loan funds) unless the State has obtained the legal authority or

other means to ensure that all new community water systems

and new nontransient, noncommunity water systems commencing

operation after October 1, 1999, demonstrate technical, managerial,

and financial capacity with respect to each national primary drinking water regulation in effect, or likely to be in effect, on the

date of commencement of operations.

‘‘(b) SYSTEMS IN SIGNIFICANT NONCOMPLIANCE.—

‘‘(1) LIST.—Beginning not later than 1 year after the date

of enactment of this section, each State shall prepare, periodically update, and submit to the Administrator a list of community water systems and nontransient, noncommunity water systems that have a history of significant noncompliance with

this title (as defined in guidelines issued prior to the date

of enactment of this section or any revisions of the guidelines

that have been made in consultation with the States) and,

to the extent practicable, the reasons for noncompliance.

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

enactment of this section and as part of the capacity development strategy of the State, each State shall report to the

Administrator on the success of enforcement mechanisms and

initial capacity development efforts in assisting the public water

systems listed under paragraph (1) to improve technical, managerial, and financial capacity.

‘‘(3) WITHHOLDING.—The list and report under this subsection shall be considered part of the capacity development

strategy of the State required under subsection (c) of this

section for purposes of the withholding requirements of section

1452(a)(1)(G)(i) (relating to State loan funds).

‘‘(c) CAPACITY DEVELOPMENT STRATEGY.—

‘‘(1) IN GENERAL.—Beginning 4 years after the date of enactment of this section, a State shall receive only—

‘‘(A) 90 percent in fiscal year 2001;

‘‘(B) 85 percent in fiscal year 2002; and

‘‘(C) 80 percent in each subsequent fiscal year,

of the allotment that the State is otherwise entitled to receive

under section 1452 (relating to State loan funds), unless the

State is developing and implementing a strategy to assist public

water systems in acquiring and maintaining technical, managerial, and financial capacity.

‘‘(2) CONTENT.—In preparing the capacity development

strategy, the State shall consider, solicit public comment on,

and include as appropriate—

‘‘(A) the methods or criteria that the State will use

to identify and prioritize the public water systems most

42 USC 300g–9.
110 STAT. 1648 PUBLIC LAW 104–182—AUG. 6, 1996

in need of improving technical, managerial, and financial

capacity;

‘‘(B) a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local

level that encourage or impair capacity development;

‘‘(C) a description of how the State will use the authorities and resources of this title or other means to—

‘‘(i) assist public water systems in complying with

national primary drinking water regulations;

‘‘(ii) encourage the development of partnerships

between public water systems to enhance the technical,

managerial, and financial capacity of the systems; and

‘‘(iii) assist public water systems in the training

and certification of operators;

‘‘(D) a description of how the State will establish a

baseline and measure improvements in capacity with

respect to national primary drinking water regulations and

State drinking water law; and

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

interest in and are involved in the development and

implementation of the capacity development strategy

(including all appropriate agencies of Federal, State, and

local governments, private and nonprofit public water systems, and public water system customers).

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

which a State first adopts a capacity development strategy

under this subsection, and every 3 years thereafter, the head

of the State agency that has primary responsibility to carry

out this title in the State shall submit to the Governor a

report that shall also be available to the public on the efficacy

of the strategy and progress made toward improving the technical, managerial, and financial capacity of public water systems in the State.

‘‘(4) REVIEW.—The decisions of the State under this section

regarding any particular public water system are not subject

to review by the Administrator and may not serve as the

basis for withholding funds under section 1452.

‘‘(d) FEDERAL ASSISTANCE.—

‘‘(1) IN GENERAL.—The Administrator shall support the

States in developing capacity development strategies.

‘‘(2) INFORMATIONAL ASSISTANCE.—

‘‘(A) IN GENERAL.—Not later than 180 days after the

date of enactment of this section, the Administrator shall—

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

efforts in existence on the date of enactment of this

section and publish information to assist States and

public water systems in capacity development efforts;

and

‘‘(ii) initiate a partnership with States, public

water systems, and the public to develop information

for States on recommended operator certification

requirements.

‘‘(B) PUBLICATION OF INFORMATION.—The Administrator shall publish the information developed through the

partnership under subparagraph (A)(ii) not later than 18

months after the date of enactment of this section.

Review.

Publication.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1649

‘‘(3) PROMULGATION OF DRINKING WATER REGULATIONS.—

In promulgating a national primary drinking water regulation,

the Administrator shall include an analysis of the likely effect

of compliance with the regulation on the technical, financial,

and managerial capacity of public water systems.

‘‘(4) GUIDANCE FOR NEW SYSTEMS.—Not later than 2 years

after the date of enactment of this section, the Administrator

shall publish guidance developed in consultation with the States

describing legal authorities and other means to ensure that

all new community water systems and new nontransient, noncommunity water systems demonstrate technical, managerial,

and financial capacity with respect to national primary drinking

water regulations.

‘‘(e) VARIANCES AND EXEMPTIONS.—Based on information

obtained under subsection (c)(3), the Administrator shall, as appropriate, modify regulations concerning variances and exemptions

for small public water systems to ensure flexibility in the use

of the variances and exemptions. Nothing in this subsection shall

be interpreted, construed, or applied to affect or alter the requirements of section 1415 or 1416.

‘‘(f) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY ASSISTANCE

CENTERS.—

‘‘(1) GRANT PROGRAM.—The Administrator is authorized to

make grants to institutions of higher learning to establish

and operate small public water system technology assistance

centers in the United States.

‘‘(2) RESPONSIBILITIES OF THE CENTERS.—The responsibilities of the small public water system technology assistance

centers established under this subsection shall include the conduct of training and technical assistance relating to the

information, performance, and technical needs of small public

water systems or public water systems that serve Indian Tribes.

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

interested in receiving a grant under this subsection shall

submit to the Administrator an application in such form and

containing such information as the Administrator may require

by regulation.

‘‘(4) SELECTION CRITERIA.—The Administrator shall select

recipients of grants under this subsection on the basis of the

following criteria:

‘‘(A) The small public water system technology assistance center shall be located in a State that is representative

of the needs of the region in which the State is located

for addressing the drinking water needs of small and rural

communities or Indian Tribes.

‘‘(B) The grant recipient shall be located in a region

that has experienced problems, or may reasonably be foreseen to experience problems, with small and rural public

water systems.

‘‘(C) The grant recipient shall have access to expertise

in small public water system technology management.

‘‘(D) The grant recipient shall have the capability to

disseminate the results of small public water system technology and training programs.

‘‘(E) The projects that the grant recipient proposes

to carry out under the grant are necessary and appropriate.

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110 STAT. 1650 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(F) The grant recipient has regional support beyond

the host institution.

‘‘(5) CONSORTIA OF STATES.—At least 2 of the grants under

this subsection shall be made to consortia of States with low

population densities.

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to make grants under this subsection $2,000,000 for each of the fiscal years 1997 through

1999, and $5,000,000 for each of the fiscal years 2000 through

2003.

‘‘(g) ENVIRONMENTAL FINANCE CENTERS.—

‘‘(1) IN GENERAL.—The Administrator shall provide initial

funding for one or more university-based environmental finance

centers for activities that provide technical assistance to State

and local officials in developing the capacity of public water

systems. Any such funds shall be used only for activities that

are directly related to this title.

‘‘(2) NATIONAL CAPACITY DEVELOPMENT CLEARINGHOUSE.—

The Administrator shall establish a national public water system capacity development clearinghouse to receive and disseminate information with respect to developing, improving, and

maintaining financial and managerial capacity at public water

systems. The Administrator shall ensure that the clearinghouse

does not duplicate other federally supported clearinghouse

activities.

‘‘(3) CAPACITY DEVELOPMENT TECHNIQUES.—The Administrator may request an environmental finance center funded

under paragraph (1) to develop and test managerial, financial,

and institutional techniques for capacity development. The techniques may include capacity assessment methodologies, manual

and computer based public water system rate models and capital planning models, public water system consolidation procedures, and regionalization models.

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to carry out this subsection

$1,500,000 for each of the fiscal years 1997 through 2003.

‘‘(5) LIMITATION.—No portion of any funds made available

under this subsection may be used for lobbying expenses.’’.

SEC. 120. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN

GROUND WATER PROGRAMS.

(a) CRITICAL AQUIFER PROTECTION.—Section 1427 (42 U.S.C.

300h–6) is amended as follows:

(1) Subsection (b)(1) is amended by striking ‘‘not later

than 24 months after the enactment of the Safe Drinking

Water Act Amendments of 1986’’.

(2) The table in subsection (m) is amended by adding

at the end the following:

‘‘1992–2003 ...................................................................................... 15,000,000.’’.

(b) WELLHEAD PROTECTION AREAS.—The table in section

1428(k) (42 U.S.C. 300h–7(k)) is amended by adding at the end

the following:

‘‘1992–2003 ...................................................................................... 30,000,000.’’.

Establishment.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1651

(c) UNDERGROUND INJECTION CONTROL GRANT.—The table in

section 1443(b)(5) (42 U.S.C. 300j–2(b)(5)) is amended by adding

at the end the following:

‘‘1992–2003 ...................................................................................... 15,000,000.’’.

SEC. 121. AMENDMENTS TO SECTION 1442.

Section 1442 (42 U.S.C. 300j–1) is amended—

(1) by redesignating paragraph (3) of subsection (b) as

paragraph (3) of subsection (d) and moving such paragraph

to appear after paragraph (2) of subsection (d);

(2) by striking subsection (b) (as so amended);

(3) by redesignating subparagraph (B) of subsection (a)(2)

as subsection (b) and moving such subsection to appear after

subsection (a);

(4) in subsection (a)—

(A) by striking paragraph (2) (as so amended) and

inserting the following:

‘‘(2) INFORMATION AND RESEARCH FACILITIES.—In carrying

out this title, the Administrator is authorized to—

‘‘(A) collect and make available information pertaining

to research, investigations, and demonstrations with

respect to providing a dependably safe supply of drinking

water, together with appropriate recommendations in

connection with the information; and

‘‘(B) make available research facilities of the Agency

to appropriate public authorities, institutions, and individuals engaged in studies and research relating to this title.’’;

(B) by striking paragraph (3); and

(C) by redesignating paragraph (11) as paragraph (3)

and moving such paragraph to appear before paragraph

(4).

SEC. 122. TECHNICAL ASSISTANCE.

Section 1442(e) (42 U.S.C. 300j–1(e)) is amended to read as

follows:

‘‘(e) TECHNICAL ASSISTANCE.—The Administrator may provide

technical assistance to small public water systems to enable such

systems to achieve and maintain compliance with applicable

national primary drinking water regulations. Such assistance may

include circuit-rider and multi-State regional technical assistance

programs, training, and preliminary engineering evaluations. The

Administrator shall ensure that technical assistance pursuant to

this subsection is available in each State. Each nonprofit organization receiving assistance under this subsection shall consult with

the State in which the assistance is to be expended or otherwise

made available before using assistance to undertake activities to

carry out this subsection. There are authorized to be appropriated

to the Administrator to be used for such technical assistance

$15,000,000 for each of the fiscal years 1997 through 2003. No

portion of any State loan fund established under section 1452

(relating to State loan funds) and no portion of any funds made

available under this subsection may be used for lobbying expenses.

Of the total amount appropriated under this subsection, 3 percent

shall be used for technical assistance to public water systems owned

or operated by Indian Tribes.’’.

Appropriation

authorization.

Nonprofit

organizations.
110 STAT. 1652 PUBLIC LAW 104–182—AUG. 6, 1996

SEC. 123. OPERATOR CERTIFICATION.

Part B (42 U.S.C. 300g et seq.) is amended by adding the

following after section 1418:

‘‘OPERATOR CERTIFICATION

‘‘SEC. 1419. (a) GUIDELINES.—Not later than 30 months after

the date of enactment of the Safe Drinking Water Act Amendments

of 1996 and in cooperation with the States, the Administrator

shall publish guidelines in the Federal Register, after notice and

opportunity for comment from interested persons, including States

and public water systems, specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity public water systems. Such guidelines

shall take into account existing State programs, the complexity

of the system, and other factors aimed at providing an effective

program at reasonable cost to States and public water systems,

taking into account the size of the system.

‘‘(b) STATE PROGRAMS.—Beginning 2 years after the date on

which the Administrator publishes guidelines under subsection (a),

the Administrator shall withhold 20 percent of the funds a State

is otherwise entitled to receive under section 1452 unless the State

has adopted and is implementing a program for the certification

of operators of community and nontransient noncommunity public

water systems that meets the requirements of the guidelines published pursuant to subsection (a) or that has been submitted in

compliance with subsection (c) and that has not been disapproved.

‘‘(c) EXISTING PROGRAMS.—For any State exercising primary

enforcement responsibility for public water systems or any other

State which has an operator certification program, the guidelines

under subsection (a) shall allow the State to enforce such program

in lieu of the guidelines under subsection (a) if the State submits

the program to the Administrator within 18 months after the

publication of the guidelines unless the Administrator determines

(within 9 months after the State submits the program to the

Administrator) that such program is not substantially equivalent

to such guidelines. In making this determination, an existing State

program shall be presumed to be substantially equivalent to the

guidelines, notwithstanding program differences, based on the size

of systems or the quality of source water, providing the State

program meets the overall public health objectives of the guidelines.

If disapproved, the program may be resubmitted within 6 months

after receipt of notice of disapproval.

‘‘(d) EXPENSE REIMBURSEMENT.—

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

reimbursement for the costs of training, including an appropriate per diem for unsalaried operators, and certification for

persons operating systems serving 3,300 persons or fewer that

are required to undergo training pursuant to this section.

‘‘(2) STATE GRANTS.—The reimbursement shall be provided

through grants to States with each State receiving an amount

sufficient to cover the reasonable costs for training all such

operators in the State, as determined by the Administrator,

to the extent required by this section. Grants received by a

State pursuant to this paragraph shall first be used to provide

reimbursement for training and certification costs of persons

operating systems serving 3,300 persons or fewer. If a State

Federal Register,

publication.

42 USC 300g–8.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1653

has reimbursed all such costs, the State may, after notice

to the Administrator, use any remaining funds from the grant

for any of the other purposes authorized for grants under

section 1452.

‘‘(3) AUTHORIZATION.—There are authorized to be appropriated to the Administrator to provide grants for reimbursement under this section $30,000,000 for each of fiscal years

1997 through 2003.

‘‘(4) RESERVATION.—If the appropriation made pursuant

to paragraph (3) for any fiscal year is not sufficient to satisfy

the requirements of paragraph (1), the Administrator shall,

prior to any other allocation or reservation, reserve such sums

as necessary from the funds appropriated pursuant to section

1452(m) to provide reimbursement for the training and certification costs mandated by this subsection.’’.

SEC. 124. PUBLIC WATER SYSTEM SUPERVISION PROGRAM.

Section 1443(a) (42 U.S.C. 300j–2(a)) is amended as follows:

(1) Paragraph (7) is amended to read as follows:

‘‘(7) AUTHORIZATION.—For the purpose of making grants

under paragraph (1), there are authorized to be appropriated

$100,000,000 for each of fiscal years 1997 through 2003.’’.

(2) By adding at the end the following:

‘‘(8) RESERVATION OF FUNDS BY THE ADMINISTRATOR.—If

the Administrator assumes the primary enforcement responsibility of a State public water system supervision program,

the Administrator may reserve from funds made available

pursuant to this subsection an amount equal to the amount

that would otherwise have been provided to the State pursuant

to this subsection. The Administrator shall use the funds

reserved pursuant to this paragraph to ensure the full and

effective administration of a public water system supervision

program in the State.

‘‘(9) STATE LOAN FUNDS.— ‘‘(A) RESERVATION OF FUNDS.—For any fiscal year for

which the amount made available to the Administrator

by appropriations to carry out this subsection is less than

the amount that the Administrator determines is necessary

to supplement funds made available pursuant to paragraph

(8) to ensure the full and effective administration of a

public water system supervision program in a State, the

Administrator may reserve from the funds made available

to the State under section 1452 (relating to State loan

funds) an amount that is equal to the amount of the shortfall. This paragraph shall not apply to any State not

exercising primary enforcement responsibility for public

water systems as of the date of enactment of the Safe

Drinking Water Act Amendments of 1996.

‘‘(B) DUTY OF ADMINISTRATOR.—If the Administrator

reserves funds from the allocation of a State under subparagraph (A), the Administrator shall carry out in the State

each of the activities that would be required of the State

if the State had primary enforcement authority under section 1413.’’.

SEC. 125. MONITORING AND INFORMATION GATHERING.

(a) REVIEW OF EXISTING REQUIREMENTS.—Paragraph (1) of section 1445(a) (42 U.S.C. 300j–4(a)(1)) is amended to read as follows:
110 STAT. 1654 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(1)(A) Every person who is subject to any requirement of

this title or who is a grantee, shall establish and maintain such

records, make such reports, conduct such monitoring, and provide

such information as the Administrator may reasonably require by

regulation to assist the Administrator in establishing regulations

under this title, in determining whether such person has acted

or is acting in compliance with this title, in administering any

program of financial assistance under this title, in evaluating the

health risks of unregulated contaminants, or in advising the public

of such risks. In requiring a public water system to monitor under

this subsection, the Administrator may take into consideration the

system size and the contaminants likely to be found in the system’s

drinking water.

‘‘(B) Every person who is subject to a national primary drinking

water regulation under section 1412 shall provide such information

as the Administrator may reasonably require, after consultation

with the State in which such person is located if such State has

primary enforcement responsibility for public water systems, on

a case-by-case basis, to determine whether such person has acted

or is acting in compliance with this title.

‘‘(C) Every person who is subject to a national primary drinking

water regulation under section 1412 shall provide such information

as the Administrator may reasonably require to assist the Administrator in establishing regulations under section 1412 of this title,

after consultation with States and suppliers of water. The Administrator may not require under this subparagraph the installation

of treatment equipment or process changes, the testing of treatment

technology, or the analysis or processing of monitoring samples,

except where the Administrator provides the funding for such activities. Before exercising this authority, the Administrator shall first

seek to obtain the information by voluntary submission.

‘‘(D) The Administrator shall not later than 2 years after the

date of enactment of this subparagraph, after consultation with

public health experts, representatives of the general public, and

officials of State and local governments, review the monitoring

requirements for not fewer than 12 contaminants identified by

the Administrator, and promulgate any necessary modifications.’’.

(b) MONITORING RELIEF.—Part B is amended by adding the

following new section after section 1417 (42 U.S.C. 300g–6):

‘‘MONITORING OF CONTAMINANTS

‘‘SEC. 1418. (a) INTERIM MONITORING RELIEF AUTHORITY.— ‘‘(1) IN GENERAL.—A State exercising primary enforcement

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

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

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

or fewer shall not be required to conduct additional quarterly

monitoring during an interim relief period for such contaminants if—

‘‘(A) monitoring, conducted at the beginning of the

period for the contaminant concerned and certified to the

State by the public water system, fails to detect the presence of the contaminant in the ground or surface water

supplying the public water system; and

42 USC 300g–7.

Regulations.

Records.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1655

‘‘(B) the State, considering the hydrogeology of the

area and other relevant factors, determines in writing that

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

‘‘(2) TERMINATION; TIMING OF MONITORING.—The interim

relief period referred to in paragraph (1) shall terminate when

permanent monitoring relief is adopted and approved for such

State, or at the end of 36 months after the date of enactment

of the Safe Drinking Water Act Amendments of 1996, whichever

comes first. In order to serve as a basis for interim relief,

the monitoring conducted at the beginning of the period must

occur at the time determined by the State to be the time

of the public water system’s greatest vulnerability to the

contaminant concerned in the relevant ground or surface water,

taking into account in the case of pesticides the time of application of the pesticide for the source water area and the travel

time for the pesticide to reach such waters and taking into

account, in the case of other contaminants, seasonality of

precipitation and contaminant travel time.

‘‘(b) PERMANENT MONITORING RELIEF AUTHORITY.—

‘‘(1) IN GENERAL.—Each State exercising primary enforcement responsibility for public water systems under this title

and having an approved source water assessment program

may adopt, in accordance with guidance published by the

Administrator, tailored alternative monitoring requirements for

public water systems in such State (as an alternative to the

monitoring requirements for chemical contaminants set forth

in the applicable national primary drinking water regulations)

where the State concludes that (based on data available at

the time of adoption concerning susceptibility, use, occurrence,

or wellhead protection, or from the State’s drinking water

source water assessment program) such alternative monitoring

would provide assurance that it complies with the Administrator’s guidelines. The State program must be adequate to assure

compliance with, and enforcement of, applicable national primary drinking water regulations. Alternative monitoring shall

not apply to regulated microbiological contaminants (or indicators thereof), disinfectants and disinfection byproducts, or corrosion byproducts. The preceding sentence is not intended to

limit other authority of the Administrator under other provisions of this title to grant monitoring flexibility.

‘‘(2) GUIDELINES.—

‘‘(A) IN GENERAL.—The Administrator shall issue, after

notice and comment and at the same time as guidelines

are issued for source water assessment under section 1453,

guidelines for States to follow in proposing alternative monitoring requirements under paragraph (1) for chemical

contaminants. The Administrator shall publish such guidelines in the Federal Register. The guidelines shall assure

that the public health will be protected from drinking water

contamination. The guidelines shall require that a State

alternative monitoring program apply on a contaminantby-contaminant basis and that, to be eligible for such alternative monitoring program, a public water system must

show the State that the contaminant is not present in

the drinking water supply or, if present, it is reliably

and consistently below the maximum contaminant level.

Federal Register,

publication.
110 STAT. 1656 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(B) DEFINITION.—For purposes of subparagraph (A),

the phrase ‘reliably and consistently below the maximum

contaminant level’ means that, although contaminants have

been detected in a water supply, the State has sufficient

knowledge of the contamination source and extent of

contamination to predict that the maximum contaminant

level will not be exceeded. In determining that a contaminant is reliably and consistently below the maximum

contaminant level, States shall consider the quality and

completeness of data, the length of time covered and the

volatility or stability of monitoring results during that time,

and the proximity of such results to the maximum contaminant level. Wide variations in the analytical results, or

analytical results close to the maximum contaminant level,

shall not be considered to be reliably and consistently below

the maximum contaminant level.

‘‘(3) EFFECT OF DETECTION OF CONTAMINANTS.—The guidelines issued by the Administrator under paragraph (2) shall

require that if, after the monitoring program is in effect and

operating, a contaminant covered by the alternative monitoring

program is detected at levels at or above the maximum contaminant level or is no longer reliably or consistently below the

maximum contaminant level, the public water system must

either—

‘‘(A) demonstrate that the contamination source has

been removed or that other action has been taken to eliminate the contamination problem; or

‘‘(B) test for the detected contaminant pursuant to

the applicable national primary drinking water regulation.

‘‘(4) STATES NOT EXERCISING PRIMARY ENFORCEMENT

RESPONSIBILITY.—The Governor of any State not exercising primary enforcement responsibility under section 1413 on the

date of enactment of this section may submit to the Administrator a request that the Administrator modify the monitoring

requirements established by the Administrator and applicable

to public water systems in that State. After consultation with

the Governor, the Administrator shall modify the requirements

for public water systems in that State if the request of the

Governor is in accordance with each of the requirements of

this subsection that apply to alternative monitoring requirements established by States that have primary enforcement

responsibility. A decision by the Administrator to approve a

request under this clause shall be for a period of 3 years

and may subsequently be extended for periods of 5 years.

‘‘(c) TREATMENT AS NPDWR.—All monitoring relief granted by

a State to a public water system for a regulated contaminant

under subsection (a) or (b) shall be treated as part of the national

primary drinking water regulation for that contaminant.

‘‘(d) OTHER MONITORING RELIEF.—Nothing in this section shall

be construed to affect the authority of the States under applicable

national primary drinking water regulations to alter monitoring

requirements through waivers or other existing authorities. The

Administrator shall periodically review and, as appropriate, revise

such authorities.’’.

(c) UNREGULATED CONTAMINANTS.—Section 1445(a) (42 U.S.C.

300j–4(a)) is amended by striking paragraphs (2) through (8) and

inserting the following:
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1657

‘‘(2) MONITORING PROGRAM FOR UNREGULATED CONTAMINANTS.—

‘‘(A) ESTABLISHMENT.—The Administrator shall

promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants. The regulations shall require monitoring of drinking water supplied

by public water systems and shall vary the frequency and

schedule for monitoring requirements for systems based

on the number of persons served by the system, the source

of supply, and the contaminants likely to be found, ensuring

that only a representative sample of systems serving 10,000

persons or fewer are required to monitor.

‘‘(B) MONITORING PROGRAM FOR CERTAIN UNREGULATED

CONTAMINANTS.—

‘‘(i) INITIAL LIST.—Not later than 3 years after

the date of enactment of the Safe Drinking Water

Act Amendments of 1996 and every 5 years thereafter,

the Administrator shall issue a list pursuant to

subparagraph (A) of not more than 30 unregulated

contaminants to be monitored by public water systems

and to be included in the national drinking water

occurrence data base maintained pursuant to subsection (g).

‘‘(ii) GOVERNORS’ PETITION.—The Administrator

shall include among the list of contaminants for which

monitoring is required under this paragraph each

contaminant recommended in a petition signed by the

Governor of each of 7 or more States, unless the

Administrator determines that the action would prevent the listing of other contaminants of a higher public

health concern.

‘‘(C) MONITORING PLAN FOR SMALL AND MEDIUM SYSTEMS.—

‘‘(i) IN GENERAL.—Based on the regulations

promulgated by the Administrator, each State may

develop a representative monitoring plan to assess the

occurrence of unregulated contaminants in public

water systems that serve a population of 10,000 or

fewer in that State. The plan shall require monitoring

for systems representative of different sizes, types, and

geographic locations in the State.

‘‘(ii) GRANTS FOR SMALL SYSTEM COSTS.—From

funds reserved under section 1452(o) or appropriated

under subparagraph (H), the Administrator shall pay

the reasonable cost of such testing and laboratory

analysis as are necessary to carry out monitoring under

the plan.

‘‘(D) MONITORING RESULTS.—Each public water system

that conducts monitoring of unregulated contaminants

pursuant to this paragraph shall provide the results of

the monitoring to the primary enforcement authority for

the system.

‘‘(E) NOTIFICATION.—Notification of the availability of

the results of monitoring programs required under paragraph (2)(A) shall be given to the persons served by the

system.

Records.

Regulations.
110 STAT. 1658 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(F) WAIVER OF MONITORING REQUIREMENT.—The

Administrator shall waive the requirement for monitoring

for a contaminant under this paragraph in a State, if

the State demonstrates that the criteria for listing the

contaminant do not apply in that State.

‘‘(G) ANALYTICAL METHODS.—The State may use screening methods approved by the Administrator under subsection (i) in lieu of monitoring for particular contaminants

under this paragraph.

‘‘(H) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to carry out this paragraph

$10,000,000 for each of the fiscal years 1997 through 2003.’’.

(d) SCREENING METHODS.—Section 1445 (42 U.S.C. 300j–4) is

amended by adding the following after subsection (h):

‘‘(i) SCREENING METHODS.—The Administrator shall review new

analytical methods to screen for regulated contaminants and may

approve such methods as are more accurate or cost-effective than

established reference methods for use in compliance monitoring.’’.

SEC. 126. OCCURRENCE DATA BASE.

Section 1445 (42 U.S.C. 300j–4) is amended by adding the

following new subsection after subsection (f):

‘‘(g) OCCURRENCE DATA BASE.—

‘‘(1) IN GENERAL.—Not later than 3 years after the date

of enactment of the Safe Drinking Water Act Amendments

of 1996, the Administrator shall assemble and maintain a

national drinking water contaminant occurrence data base,

using information on the occurrence of both regulated and

unregulated contaminants in public water systems obtained

under subsection (a)(1)(A) or subsection (a)(2) and reliable

information from other public and private sources.

‘‘(2) PUBLIC INPUT.—In establishing the occurrence data

base, the Administrator shall solicit recommendations from the

Science Advisory Board, the States, and other interested parties

concerning the development and maintenance of a national

drinking water contaminant occurrence data base, including

such issues as the structure and design of the data base,

data input parameters and requirements, and the use and

interpretation of data.

‘‘(3) USE.—The data shall be used by the Administrator

in making determinations under section 1412(b)(1) with respect

to the occurrence of a contaminant in drinking water at a

level of public health concern.

‘‘(4) PUBLIC RECOMMENDATIONS.—The Administrator shall

periodically solicit recommendations from the appropriate officials of the National Academy of Sciences and the States,

and any person may submit recommendations to the Administrator, with respect to contaminants that should be included

in the national drinking water contaminant occurrence data

base, including recommendations with respect to additional

unregulated contaminants that should be listed under subsection (a)(2). Any recommendation submitted under this clause

shall be accompanied by reasonable documentation that—

‘‘(A) the contaminant occurs or is likely to occur in

drinking water; and

‘‘(B) the contaminant poses a risk to public health.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1659

‘‘(5) PUBLIC AVAILABILITY.—The information from the data

base shall be available to the public in readily accessible form.

‘‘(6) REGULATED CONTAMINANTS.—With respect to each

contaminant for which a national primary drinking water regulation has been established, the data base shall include information on the detection of the contaminant at a quantifiable

level in public water systems (including detection of the

contaminant at levels not constituting a violation of the maximum contaminant level for the contaminant).

‘‘(7) UNREGULATED CONTAMINANTS.—With respect to

contaminants for which a national primary drinking water

regulation has not been established, the data base shall

include—

‘‘(A) monitoring information collected by public water

systems that serve a population of more than 10,000, as

required by the Administrator under subsection (a);

‘‘(B) monitoring information collected from a representative sampling of public water systems that serve a population of 10,000 or fewer; and

‘‘(C) other reliable and appropriate monitoring information on the occurrence of the contaminants in public water

systems that is available to the Administrator.’’.

SEC. 127. DRINKING WATER ADVISORY COUNCIL.

The second sentence of section 1446(a) (42 U.S.C. 300j–6(a))

is amended by inserting before the period at the end the following:

‘‘, of which two such members shall be associated with small,

rural public water systems’’.

SEC. 128. NEW YORK CITY WATERSHED PROTECTION PROGRAM.

Section 1443 (42 U.S.C. 300j–2) is amended by adding at the

end the following:

‘‘(d) NEW YORK CITY WATERSHED PROTECTION PROGRAM.— ‘‘(1) IN GENERAL.—The Administrator is authorized to provide financial assistance to the State of New York for demonstration projects implemented as part of the watershed program for the protection and enhancement of the quality of

source waters of the New York City water supply system,

including projects that demonstrate, assess, or provide for comprehensive monitoring and surveillance and projects necessary

to comply with the criteria for avoiding filtration contained

in 40 CFR 141.71. Demonstration projects which shall be

eligible for financial assistance shall be certified to the Administrator by the State of New York as satisfying the purposes

of this subsection. In certifying projects to the Administrator,

the State of New York shall give priority to monitoring projects

that have undergone peer review.

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

which the Administrator first provides assistance pursuant to

this paragraph, the Governor of the State of New York shall

submit a report to the Administrator on the results of projects

assisted.

‘‘(3) MATCHING REQUIREMENTS.—Federal assistance provided under this subsection shall not exceed 50 percent of

the total cost of the protection program being carried out for

any particular watershed or ground water recharge area.

‘‘(4) AUTHORIZATION.—There are authorized to be appropriated to the Administrator to carry out this subsection for

42 USC 300j–5.
110 STAT. 1660 PUBLIC LAW 104–182—AUG. 6, 1996

each of fiscal years 1997 through 2003, $15,000,000 for the

purpose of providing assistance to the State of New York to

carry out paragraph (1).’’.

SEC. 129. FEDERAL AGENCIES.

(a) IN GENERAL.—Section 1447 (42 U.S.C. 300j–6) is amended

by redesignating subsection (c) as subsection (d) and by striking

subsections (a) and (b) and inserting the following:

‘‘(a) IN GENERAL.—Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal

Government—

‘‘(1) owning or operating any facility in a wellhead protection area;

‘‘(2) engaged in any activity at such facility resulting, or

which may result, in the contamination of water supplies in

any such area;

‘‘(3) owning or operating any public water system; or

‘‘(4) engaged in any activity resulting, or which may result

in, underground injection which endangers drinking water

(within the meaning of section 1421(d)(2)),

shall be subject to, and comply with, all Federal, State, interstate,

and local requirements, both substantive and procedural (including

any requirement for permits or reporting or any provisions for

injunctive relief and such sanctions as may be imposed by a court

to enforce such relief), respecting the protection of such wellhead

areas, respecting such public water systems, and respecting any

underground injection in the same manner and to the same extent

as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate,

and local substantive and procedural requirements referred to in

this subsection include, but are not limited to, all administrative

orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive

in nature or are imposed for isolated, intermittent, or continuing

violations. The United States hereby expressly waives any immunity

otherwise applicable to the United States with respect to any such

substantive or procedural requirement (including, but not limited

to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to

in this subsection include, but are not limited to, fees or charges

assessed in connection with the processing and issuance of permits,

renewal of permits, amendments to permits, review of plans,

studies, and other documents, and inspection and monitoring of

facilities, as well as any other nondiscriminatory charges that are

assessed in connection with a Federal, State, interstate, or local

regulatory program respecting the protection of wellhead areas

or public water systems or respecting any underground injection.

Neither the United States, nor any agent, employee, or officer

thereof, shall be immune or exempt from any process or sanction

of any State or Federal Court with respect to the enforcement

of any such injunctive relief. No agent, employee, or officer of

the United States shall be personally liable for any civil penalty

under any Federal, State, interstate, or local law concerning the

protection of wellhead areas or public water systems or concerning

underground injection with respect to any act or omission within

the scope of the official duties of the agent, employee, or officer.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1661

An agent, employee, or officer of the United States shall be subject

to any criminal sanction (including, but not limited to, any fine

or imprisonment) under any Federal or State requirement adopted

pursuant to this title, but no department, agency, or instrumentality

of the executive, legislative, or judicial branch of the Federal

Government shall be subject to any such sanction. The President

may exempt any facility of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the

United States to do so. No such exemption shall be granted due

to lack of appropriation unless the President shall have specifically

requested such appropriation as a part of the budgetary process

and the Congress shall have failed to make available such requested

appropriation. Any exemption shall be for a period not in excess

of 1 year, but additional exemptions may be granted for periods

not to exceed 1 year upon the President’s making a new determination. The President shall report each January to the Congress

all exemptions from the requirements of this section granted during

the preceding calendar year, together with his reason for granting

each such exemption.

‘‘(b) ADMINISTRATIVE PENALTY ORDERS.—

‘‘(1) IN GENERAL.—If the Administrator finds that a Federal

agency has violated an applicable requirement under this title,

the Administrator may issue a penalty order assessing a penalty against the Federal agency.

‘‘(2) PENALTIES.—The Administrator may, after notice to

the agency, assess a civil penalty against the agency in an

amount not to exceed $25,000 per day per violation.

‘‘(3) PROCEDURE.—Before an administrative penalty order

issued under this subsection becomes final, the Administrator

shall provide the agency an opportunity to confer with the

Administrator and shall provide the agency notice and an opportunity for a hearing on the record in accordance with chapters

5 and 7 of title 5, United States Code.

‘‘(4) PUBLIC REVIEW.—

‘‘(A) IN GENERAL.—Any interested person may obtain

review of an administrative penalty order issued under

this subsection. The review may be obtained in the United

States District Court for the District of Columbia or in

the United States District Court for the district in which

the violation is alleged to have occurred by the filing of

a complaint with the court within the 30-day period beginning on the date the penalty order becomes final. The

person filing the complaint shall simultaneously send a

copy of the complaint by certified mail to the Administrator

and the Attorney General.

‘‘(B) RECORD.—The Administrator shall promptly file

in the court a certified copy of the record on which the

order was issued.

‘‘(C) STANDARD OF REVIEW.—The court shall not set

aside or remand the order unless the court finds that

there is not substantial evidence in the record, taken as

a whole, to support the finding of a violation or that the

assessment of the penalty by the Administrator constitutes

an abuse of discretion.

‘‘(D) PROHIBITION ON ADDITIONAL PENALTIES.—The

court may not impose an additional civil penalty for a

President.

Reports.
110 STAT. 1662 PUBLIC LAW 104–182—AUG. 6, 1996

violation that is subject to the order unless the court finds

that the assessment constitutes an abuse of discretion by

the Administrator.

‘‘(c) LIMITATION ON STATE USE OF FUNDS COLLECTED FROM

FEDERAL GOVERNMENT.—Unless a State law in effect on the date

of enactment of the Safe Drinking Water Act Amendments of 1996

or a State constitution requires the funds to be used in a different

manner, all funds collected by a State from the Federal Government

from penalties and fines imposed for violation of any substantive

or procedural requirement referred to in subsection (a) shall be

used by the State only for projects designed to improve or protect

the environment or to defray the costs of environmental protection

or enforcement.’’.

(b) CITIZEN ENFORCEMENT.—(1) The first sentence of section

1449(a) (42 U.S.C. 300j–8(a)) is amended—

(A) in paragraph (1), by striking ‘‘, or’’ and inserting a

semicolon;

(B) in paragraph (2), by striking the period at the end

and inserting ‘‘; or’’; and

(C) by adding at the end the following:

‘‘(3) for the collection of a penalty by the United States

Government (and associated costs and interest) against any

Federal agency that fails, by the date that is 18 months after

the effective date of a final order to pay a penalty assessed

by the Administrator under section 1429(b), to pay the penalty.’’.

(2) Subsection (b) of section 1449 (42 U.S.C. 300j–8(b)) is amended by striking the period at the end of paragraph (2) and inserting

‘‘; or’’ and by adding the following new paragraph after paragraph

(2):

‘‘(3) under subsection (a)(3) prior to 60 days after the plaintiff has given notice of such action to the Attorney General

and to the Federal agency.’’.

(c) WASHINGTON AQUEDUCT.—Section 1447 (42 U.S.C. 300j–

6) is amended by adding at the end the following:

‘‘(e) WASHINGTON AQUEDUCT.—The Secretary of the Army shall

not pass the cost of any penalty assessed under this title on to

any customer, user, or other purchaser of drinking water from

the Washington Aqueduct system, including finished water from

the Dalecarlia or McMillan treatment plant.’’.

SEC. 130. STATE REVOLVING LOAN FUNDS.

Part E (42 U.S.C. 300j et seq.) is amended by adding the

following new section after section 1451:

‘‘STATE REVOLVING LOAN FUNDS

‘‘SEC. 1452. (a) GENERAL AUTHORITY.—

‘‘(1) GRANTS TO STATES TO ESTABLISH STATE LOAN FUNDS.—

‘‘(A) IN GENERAL.—The Administrator shall offer to

enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States

under this subsection to further the health protection objectives of this title, promote the efficient use of fund

resources, and for other purposes as are specified in this

title.

‘‘(B) ESTABLISHMENT OF FUND.—To be eligible to receive

a capitalization grant under this section, a State shall

42 USC 300j–12.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1663

establish a drinking water treatment revolving loan fund

(referred to in this section as a ‘State loan fund’) and

comply with the other requirements of this section. Each

grant to a State under this section shall be deposited

in the State loan fund established by the State, except

as otherwise provided in this section and in other provisions

of this title. No funds authorized by other provisions of

this title to be used for other purposes specified in this

title shall be deposited in any State loan fund.

‘‘(C) EXTENDED PERIOD.—The grant to a State shall

be available to the State for obligation during the fiscal

year for which the funds are authorized and during the

following fiscal year, except that grants made available

from funds provided prior to fiscal year 1997 shall be

available for obligation during each of the fiscal years

1997 and 1998.

‘‘(D) ALLOTMENT FORMULA.—Except as otherwise provided in this section, funds made available to carry out

this section shall be allotted to States that have entered

into an agreement pursuant to this section (other than

the District of Columbia) in accordance with—

‘‘(i) for each of fiscal years 1995 through 1997,

a formula that is the same as the formula used to

distribute public water system supervision grant funds

under section 1443 in fiscal year 1995, except that

the minimum proportionate share established in the

formula shall be 1 percent of available funds and the

formula shall be adjusted to include a minimum

proportionate share for the State of Wyoming and the

District of Columbia; and

‘‘(ii) for fiscal year 1998 and each subsequent fiscal

year, a formula that allocates to each State the proportional share of the State needs identified in the most

recent survey conducted pursuant to subsection (h),

except that the minimum proportionate share provided

to each State shall be the same as the minimum

proportionate share provided under clause (i).

‘‘(E) REALLOTMENT.—The grants not obligated by the

last day of the period for which the grants are available

shall be reallotted according to the appropriate criteria

set forth in subparagraph (D), except that the Administrator may reserve and allocate 10 percent of the remaining

amount for financial assistance to Indian Tribes in addition

to the amount allotted under subsection (i) and none of

the funds reallotted by the Administrator shall be reallotted

to any State that has not obligated all sums allotted to

the State pursuant to this section during the period in

which the sums were available for obligation.

‘‘(F) NONPRIMACY STATES.—The State allotment for a

State not exercising primary enforcement responsibility for

public water systems shall not be deposited in any such

fund but shall be allotted by the Administrator under this

subparagraph. Pursuant to section 1443(a)(9)(A) such sums

allotted under this subparagraph shall be reserved as

needed by the Administrator to exercise primary enforcement responsibility under this title in such State and the

remainder shall be reallotted to States exercising primary
110 STAT. 1664 PUBLIC LAW 104–182—AUG. 6, 1996

enforcement responsibility for public water systems for

deposit in such funds. Whenever the Administrator makes

a final determination pursuant to section 1413(b) that the

requirements of section 1413(a) are no longer being met

by a State, additional grants for such State under this

title shall be immediately terminated by the Administrator.

This subparagraph shall not apply to any State not exercising primary enforcement responsibility for public water

systems as of the date of enactment of the Safe Drinking

Water Act Amendments of 1996.

‘‘(G) OTHER PROGRAMS.—

‘‘(i) NEW SYSTEM CAPACITY.—Beginning in fiscal

year 1999, the Administrator shall withhold 20 percent

of each capitalization grant made pursuant to this

section to a State unless the State has met the requirements of section 1420(a) (relating to capacity development) and shall withhold 10 percent for fiscal year

2001, 15 percent for fiscal year 2002, and 20 percent

for fiscal year 2003 if the State has not complied with

the provisions of section 1420(c) (relating to capacity

development strategies). Not more than a total of 20

percent of the capitalization grants made to a State

in any fiscal year may be withheld under the preceding

provisions of this clause. All funds withheld by the

Administrator pursuant to this clause shall be reallotted by the Administrator on the basis of the same

ratio as is applicable to funds allotted under subparagraph (D). None of the funds reallotted by the Administrator pursuant to this paragraph shall be allotted

to a State unless the State has met the requirements

of section 1420 (relating to capacity development).

‘‘(ii) OPERATOR CERTIFICATION.—The Administrator

shall withhold 20 percent of each capitalization grant

made pursuant to this section unless the State has

met the requirements of 1419 (relating to operator

certification). All funds withheld by the Administrator

pursuant to this clause shall be reallotted by the

Administrator on the basis of the same ratio as

applicable to funds allotted under subparagraph (D).

None of the funds reallotted by the Administrator

pursuant to this paragraph shall be allotted to a State

unless the State has met the requirements of section

1419 (relating to operator certification).

‘‘(2) USE OF FUNDS.—Except as otherwise authorized by

this title, amounts deposited in a State loan fund, including

loan repayments and interest earned on such amounts, shall

be used only for providing loans or loan guarantees, or as

a source of reserve and security for leveraged loans, the proceeds of which are deposited in a State loan fund established

under paragraph (1), or other financial assistance authorized

under this section to community water systems and nonprofit

noncommunity water systems, other than systems owned by

Federal agencies. Financial assistance under this section may

be used by a public water system only for expenditures (not

including monitoring, operation, and maintenance expenditures) of a type or category which the Administrator has determined, through guidance, will facilitate compliance with
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1665

national primary drinking water regulations applicable to the

system under section 1412 or otherwise significantly further

the health protection objectives of this title. The funds may

also be used to provide loans to a system referred to in section

1401(4)(B) for the purpose of providing the treatment described

in section 1401(4)(B)(i)(III). The funds shall not be used for

the acquisition of real property or interests therein, unless

the acquisition is integral to a project authorized by this paragraph and the purchase is from a willing seller. Of the amount

credited to any State loan fund established under this section

in any fiscal year, 15 percent shall be available solely for

providing loan assistance to public water systems which regularly serve fewer than 10,000 persons to the extent such funds

can be obligated for eligible projects of public water systems.

‘‘(3) LIMITATION.—

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

(B), no assistance under this section shall be provided

to a public water system that—

‘‘(i) does not have the technical, managerial, and

financial capability to ensure compliance with the

requirements of this title; or

‘‘(ii) is in significant noncompliance with any

requirement of a national primary drinking water regulation or variance.

‘‘(B) RESTRUCTURING.—A public water system described

in subparagraph (A) may receive assistance under this

section if—

‘‘(i) the use of the assistance will ensure compliance; and

‘‘(ii) if subparagraph (A)(i) applies to the system,

the owner or operator of the system agrees to undertake feasible and appropriate changes in operations

(including ownership, management, accounting, rates,

maintenance, consolidation, alternative water supply,

or other procedures) if the State determines that the

measures are necessary to ensure that the system has

the technical, managerial, and financial capability to

comply with the requirements of this title over the

long term.

‘‘(C) REVIEW.—Prior to providing assistance under this

section to a public water system that is in significant

noncompliance with any requirement of a national primary

drinking water regulation or variance, the State shall conduct a review to determine whether subparagraph (A)(i)

applies to the system.

‘‘(b) INTENDED USE PLANS.—

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

comment, each State that has entered into a capitalization

agreement pursuant to this section shall annually prepare a

plan that identifies the intended uses of the amounts available

to the State loan fund of the State.

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

‘‘(A) a list of the projects to be assisted in the first

fiscal year that begins after the date of the plan, including

a description of the project, the expected terms of financial

assistance, and the size of the community served;
110 STAT. 1666 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(B) the criteria and methods established for the distribution of funds; and

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

loan fund and the short-term and long-term goals of the

State loan fund.

‘‘(3) USE OF FUNDS.—

‘‘(A) IN GENERAL.—An intended use plan shall provide,

to the maximum extent practicable, that priority for the

use of funds be given to projects that—

‘‘(i) address the most serious risk to human health;

‘‘(ii) are necessary to ensure compliance with the

requirements of this title (including requirements for

filtration); and

‘‘(iii) assist systems most in need on a per household basis according to State affordability criteria.

‘‘(B) LIST OF PROJECTS.—Each State shall, after notice

and opportunity for public comment, publish and periodically update a list of projects in the State that are eligible

for assistance under this section, including the priority

assigned to each project and, to the extent known, the

expected funding schedule for each project.

‘‘(c) FUND MANAGEMENT.—Each State loan fund under this

section shall be established, maintained, and credited with repayments and interest. The fund corpus shall be available in perpetuity

for providing financial assistance under this section. To the extent

amounts in the fund are not required for current obligation or

expenditure, such amounts shall be invested in interest bearing

obligations.

‘‘(d) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.—

‘‘(1) LOAN SUBSIDY.—Notwithstanding any other provision

of this section, in any case in which the State makes a loan

pursuant to subsection (a)(2) to a disadvantaged community

or to a community that the State expects to become a disadvantaged community as the result of a proposed project, the State

may provide additional subsidization (including forgiveness of

principal).

‘‘(2) TOTAL AMOUNT OF SUBSIDIES.—For each fiscal year,

the total amount of loan subsidies made by a State pursuant

to paragraph (1) may not exceed 30 percent of the amount

of the capitalization grant received by the State for the year.

‘‘(3) DEFINITION OF DISADVANTAGED COMMUNITY.—In this

subsection, the term ‘disadvantaged community’ means the

service area of a public water system that meets affordability

criteria established after public review and comment by the

State in which the public water system is located. The Administrator may publish information to assist States in establishing

affordability criteria.

‘‘(e) STATE CONTRIBUTION.—Each agreement under subsection

(a) shall require that the State deposit in the State loan fund

from State moneys an amount equal to at least 20 percent of

the total amount of the grant to be made to the State on or

before the date on which the grant payment is made to the State,

except that a State shall not be required to deposit such amount

into the fund prior to the date on which each grant payment

is made for fiscal years 1994, 1995, 1996, and 1997 if the State

deposits the State contribution amount into the State loan fund

prior to September 30, 1999.

Publications.

Records.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1667

‘‘(f) TYPES OF ASSISTANCE.—Except as otherwise limited by

State law, the amounts deposited into a State loan fund under

this section may be used only—

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

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

equal to the market interest rate, including an interest

free loan;

‘‘(B) principal and interest payments on each loan will

commence not later than 1 year after completion of the

project for which the loan was made, and each loan will

be fully amortized not later than 20 years after the completion of the project, except that in the case of a disadvantaged community (as defined in subsection (d)(3)), a State

may provide an extended term for a loan, if the extended

term—

‘‘(i) terminates not later than the date that is

30 years after the date of project completion; and

‘‘(ii) does not exceed the expected design life of

the project;

‘‘(C) the recipient of each loan will establish a dedicated

source of revenue (or, in the case of a privately owned

system, demonstrate that there is adequate security) for

the repayment of the loan; and

‘‘(D) the State loan fund will be credited with all payments of principal and interest on each loan;

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

or an intermunicipal or interstate agency within the State

at an interest rate that is less than or equal to the market

interest rate in any case in which a debt obligation is incurred

after July 1, 1993;

‘‘(3) to guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible

for assistance under this section) if the guarantee or purchase

would improve credit market access or reduce the interest

rate applicable to the obligation;

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

of principal and interest on revenue or general obligation bonds

issued by the State if the proceeds of the sale of the bonds

will be deposited into the State loan fund; and

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

State loan fund.

‘‘(g) ADMINISTRATION OF STATE LOAN FUNDS.—

‘‘(1) COMBINED FINANCIAL ADMINISTRATION.—Notwithstanding subsection (c), a State may (as a convenience and to avoid

unnecessary administrative costs) combine, in accordance with

State law, the financial administration of a State loan fund

established under this section with the financial administration

of any other revolving fund established by the State if otherwise

not prohibited by the law under which the State loan fund

was established and if the Administrator determines that—

‘‘(A) the grants under this section, together with loan

repayments and interest, will be separately accounted for

and used solely for the purposes specified in subsection

(a); and

‘‘(B) the authority to establish assistance priorities and

carry out oversight and related activities (other than financial administration) with respect to assistance remains with
110 STAT. 1668 PUBLIC LAW 104–182—AUG. 6, 1996

the State agency having primary responsibility for administration of the State program under section 1413, after

consultation with other appropriate State agencies (as

determined by the State): Provided, That in nonprimacy

States eligible to receive assistance under this section,

the Governor shall determine which State agency will have

authority to establish priorities for financial assistance

from the State loan fund.

‘‘(2) COST OF ADMINISTERING FUND.—Each State may

annually use up to 4 percent of the funds allotted to the

State under this section to cover the reasonable costs of

administration of the programs under this section, including

the recovery of reasonable costs expended to establish a State

loan fund which are incurred after the date of enactment of

this section, and to provide technical assistance to public water

systems within the State. For fiscal year 1995 and each fiscal

year thereafter, each State may use up to an additional 10

percent of the funds allotted to the State under this section—

‘‘(A) for public water system supervision programs

under section 1443(a);

‘‘(B) to administer or provide technical assistance

through source water protection programs;

‘‘(C) to develop and implement a capacity development

strategy under section 1420(c); and

‘‘(D) for an operator certification program for purposes

of meeting the requirements of section 1419,

if the State matches the expenditures with at least an equal

amount of State funds. At least half of the match must be

additional to the amount expended by the State for public

water supervision in fiscal year 1993. An additional 2 percent

of the funds annually allotted to each State under this section

may be used by the State to provide technical assistance to

public water systems serving 10,000 or fewer persons in the

State. Funds utilized under subparagraph (B) shall not be

used for enforcement actions.

‘‘(3) GUIDANCE AND REGULATIONS.—The Administrator shall

publish guidance and promulgate regulations as may be necessary to carry out the provisions of this section, including—

‘‘(A) provisions to ensure that each State commits and

expends funds allotted to the State under this section as

efficiently as possible in accordance with this title and

applicable State laws;

‘‘(B) guidance to prevent waste, fraud, and abuse; and

‘‘(C) guidance to avoid the use of funds made available

under this section to finance the expansion of any public

water system in anticipation of future population growth.

The guidance and regulations shall also ensure that the States,

and public water systems receiving assistance under this section, use accounting, audit, and fiscal procedures that conform

to generally accepted accounting standards.

‘‘(4) STATE REPORT.—Each State administering a loan fund

and assistance program under this subsection shall publish

and submit to the Administrator a report every 2 years on

its activities under this section, including the findings of the

most recent audit of the fund and the entire State allotment.

The Administrator shall periodically audit all State loan funds

established by, and all other amounts allotted to, the States

Publication.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1669

pursuant to this section in accordance with procedures established by the Comptroller General.

‘‘(h) NEEDS SURVEY.—The Administrator shall conduct an

assessment of water system capital improvement needs of all

eligible public water systems in the United States and submit

a report to the Congress containing the results of the assessment

within 180 days after the date of enactment of the Safe Drinking

Water Act Amendments of 1996 and every 4 years thereafter.

‘‘(i) INDIAN TRIBES.—

‘‘(1) IN GENERAL.—11⁄2 percent of the amounts appropriated

annually to carry out this section may be used by the Administrator to make grants to Indian Tribes and Alaska Native

villages that have not otherwise received either grants from

the Administrator under this section or assistance from State

loan funds established under this section. The grants may

only be used for expenditures by tribes and villages for public

water system expenditures referred to in subsection (a)(2).

‘‘(2) USE OF FUNDS.—Funds reserved pursuant to paragraph

(1) shall be used to address the most significant threats to

public health associated with public water systems that serve

Indian Tribes, as determined by the Administrator in consultation with the Director of the Indian Health Service and Indian

Tribes.

‘‘(3) ALASKA NATIVE VILLAGES.—In the case of a grant for

a project under this subsection in an Alaska Native village,

the Administrator is also authorized to make grants to the

State of Alaska for the benefit of Native villages. An amount

not to exceed 4 percent of the grant amount may be used

by the State of Alaska for project management.

‘‘(4) NEEDS ASSESSMENT.—The Administrator, in consultation with the Director of the Indian Health Service and Indian

Tribes, shall, in accordance with a schedule that is consistent

with the needs surveys conducted pursuant to subsection (h),

prepare surveys and assess the needs of drinking water treatment facilities to serve Indian Tribes, including an evaluation

of the public water systems that pose the most significant

threats to public health.

‘‘(j) OTHER AREAS.—Of the funds annually available under this

section for grants to States, the Administrator shall make allotments in accordance with section 1443(a)(4) for the Virgin Islands,

the Commonwealth of the Northern Mariana Islands, American

Samoa, and Guam. The grants allotted as provided in this subsection may be provided by the Administrator to the governments

of such areas, to public water systems in such areas, or to both,

to be used for the public water system expenditures referred to

in subsection (a)(2). The grants, and grants for the District of

Columbia, shall not be deposited in State loan funds. The total

allotment of grants under this section for all areas described in

this subsection in any fiscal year shall not exceed 0.33 percent

of the aggregate amount made available to carry out this section

in that fiscal year.

‘‘(k) OTHER AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(2), a

State may take each of the following actions:

‘‘(A) Provide assistance, only in the form of a loan,

to one or more of the following:

Reports.
110 STAT. 1670 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(i) Any public water system described in subsection (a)(2) to acquire land or a conservation easement from a willing seller or grantor, if the purpose

of the acquisition is to protect the source water of

the system from contamination and to ensure compliance with national primary drinking water regulations.

‘‘(ii) Any community water system to implement

local, voluntary source water protection measures to

protect source water in areas delineated pursuant to

section 1453, in order to facilitate compliance with

national primary drinking water regulations applicable

to the system under section 1412 or otherwise significantly further the health protection objectives of this

title. Funds authorized under this clause may be used

to fund only voluntary, incentive-based mechanisms.

‘‘(iii) Any community water system to provide funding in accordance with section 1454(a)(1)(B)(i).

‘‘(B) Provide assistance, including technical and financial assistance, to any public water system as part of a

capacity development strategy developed and implemented

in accordance with section 1420(c).

‘‘(C) Make expenditures from the capitalization grant

of the State for fiscal years 1996 and 1997 to delineate

and assess source water protection areas in accordance

with section 1453, except that funds set aside for such

expenditure shall be obligated within 4 fiscal years.

‘‘(D) Make expenditures from the fund for the establishment and implementation of wellhead protection programs

under section 1428.

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

of assistance provided and expenditures made by a State under

this subsection may not exceed 15 percent of the amount of

the capitalization grant received by the State for that year

and may not exceed 10 percent of that amount for any one

of the following activities:

‘‘(A) To acquire land or conservation easements pursuant to paragraph (1)(A)(i).

‘‘(B) To provide funding to implement voluntary, incentive-based source water quality protection measures pursuant to clauses (ii) and (iii) of paragraph (1)(A).

‘‘(C) To provide assistance through a capacity development strategy pursuant to paragraph (1)(B).

‘‘(D) To make expenditures to delineate or assess source

water protection areas pursuant to paragraph (1)(C).

‘‘(E) To make expenditures to establish and implement

wellhead protection programs pursuant to paragraph

(1)(D).

‘‘(3) STATUTORY CONSTRUCTION.—Nothing in this section

creates or conveys any new authority to a State, political subdivision of a State, or community water system for any new

regulatory measure, or limits any authority of a State, political

subdivision of a State or community water system.

‘‘(l) SAVINGS.—The failure or inability of any public water system to receive funds under this section or any other loan or grant

program, or any delay in obtaining the funds, shall not alter the

obligation of the system to comply in a timely manner with all

applicable drinking water standards and requirements of this title.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1671

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out the purposes of this section

$599,000,000 for the fiscal year 1994 and $1,000,000,000 for each

of the fiscal years 1995 through 2003. To the extent amounts

authorized to be appropriated under this subsection in any fiscal

year are not appropriated in that fiscal year, such amounts are

authorized to be appropriated in a subsequent fiscal year (prior

to the fiscal year 2004). Such sums shall remain available until

expended.

‘‘(n) HEALTH EFFECTS STUDIES.—From funds appropriated

pursuant to this section for each fiscal year, the Administrator

shall reserve $10,000,000 for health effects studies on drinking

water contaminants authorized by the Safe Drinking Water Act

Amendments of 1996. In allocating funds made available under

this subsection, the Administrator shall give priority to studies

concerning the health effects of cryptosporidium (as authorized

by section 1458(c)), disinfection byproducts (as authorized by section

1458(c)), and arsenic (as authorized by section 1412(b)(12)(A)), and

the implementation of a plan for studies of subpopulations at

greater risk of adverse effects (as authorized by section 1458(a)).

‘‘(o) MONITORING FOR UNREGULATED CONTAMINANTS.—From

funds appropriated pursuant to this section for each fiscal year

beginning with fiscal year 1998, the Administrator shall reserve

$2,000,000 to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C).

‘‘(p) DEMONSTRATION PROJECT FOR STATE OF VIRGINIA.—Notwithstanding the other provisions of this section limiting the use

of funds deposited in a State loan fund from any State allotment,

the State of Virginia may, as a single demonstration and with

the approval of the Virginia General Assembly and the Administrator, conduct a program to demonstrate alternative approaches

to intergovernmental coordination to assist in the financing of new

drinking water facilities in the following rural communities in

southwestern Virginia where none exists on the date of enactment

of the Safe Drinking Water Act Amendments of 1996 and where

such communities are experiencing economic hardship: Lee County,

Wise County, Scott County, Dickenson County, Russell County,

Buchanan County, Tazewell County, and the city of Norton, Virginia. The funds allotted to that State and deposited in the State

loan fund may be loaned to a regional endowment fund for the

purpose set forth in this subsection under a plan to be approved

by the Administrator. The plan may include an advisory group

that includes representatives of such counties.

‘‘(q) SMALL SYSTEM TECHNICAL ASSISTANCE.—The Administrator may reserve up to 2 percent of the total funds appropriated

pursuant to subsection (m) for each of the fiscal years 1997 through

2003 to carry out the provisions of section 1442(e) (relating to

technical assistance for small systems), except that the total amount

of funds made available for such purpose in any fiscal year through

appropriations (as authorized by section 1442(e)) and reservations

made pursuant to this subsection shall not exceed the amount

authorized by section 1442(e).

‘‘(r) EVALUATION.—The Administrator shall conduct an evaluation of the effectiveness of the State loan funds through fiscal

year 2001. The evaluation shall be submitted to the Congress at

the same time as the President submits to the Congress, pursuant

to section 1108 of title 31, United States Code, an appropriations
110 STAT. 1672 PUBLIC LAW 104–182—AUG. 6, 1996

request for fiscal year 2003 relating to the budget of the Environmental Protection Agency.’’.

SEC. 131. STATE GROUND WATER PROTECTION GRANTS.

Part C (42 U.S.C. 300h et seq.) is amended by adding at

the end the following:

‘‘STATE GROUND WATER PROTECTION GRANTS

‘‘SEC. 1429. (a) IN GENERAL.—The Administrator may make

a grant to a State for the development and implementation of

a State program to ensure the coordinated and comprehensive

protection of ground water resources within the State.

‘‘(b) GUIDANCE.—Not later than 1 year after the date of enactment of the Safe Drinking Water Act Amendments of 1996, and

annually thereafter, the Administrator shall publish guidance that

establishes procedures for application for State ground water protection program assistance and that identifies key elements of State

ground water protection programs.

‘‘(c) CONDITIONS OF GRANTS.—

‘‘(1) IN GENERAL.—The Administrator shall award grants

to States that submit an application that is approved by the

Administrator. The Administrator shall determine the amount

of a grant awarded pursuant to this paragraph on the basis

of an assessment of the extent of ground water resources in

the State and the likelihood that awarding the grant will result

in sustained and reliable protection of ground water quality.

‘‘(2) INNOVATIVE PROGRAM GRANTS.—The Administrator

may also award a grant pursuant to this subsection for innovative programs proposed by a State for the prevention of ground

water contamination.

‘‘(3) ALLOCATION OF FUNDS.—The Administrator shall, at

a minimum, ensure that, for each fiscal year, not less than

1 percent of funds made available to the Administrator by

appropriations to carry out this section are allocated to each

State that submits an application that is approved by the

Administrator pursuant to this section.

‘‘(4) LIMITATION ON GRANTS.—No grant awarded by the

Administrator may be used for a project to remediate ground

water contamination.

‘‘(d) AMOUNT OF GRANTS.—The amount of a grant awarded

pursuant to paragraph (1) shall not exceed 50 percent of the eligible

costs of carrying out the ground water protection program that

is the subject of the grant (as determined by the Administrator)

for the 1-year period beginning on the date that the grant is

awarded. The State shall pay a State share to cover the costs

of the ground water protection program from State funds in an

amount that is not less than 50 percent of the cost of conducting

the program.

‘‘(e) EVALUATIONS AND REPORTS.—Not later than 3 years after

the date of enactment of the Safe Drinking Water Act Amendments

of 1996, and every 3 years thereafter, the Administrator shall

evaluate the State ground water protection programs that are the

subject of grants awarded pursuant to this section and report to

the Congress on the status of ground water quality in the United

States and the effectiveness of State programs for ground water

protection.

Publication.

Regulations.

42 USC 300h–8.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1673

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $15,000,000 for each

of fiscal years 1997 through 2003.’’.

SEC. 132. SOURCE WATER ASSESSMENT.

(a) IN GENERAL.—Part E (42 U.S.C. 300j et seq.) is amended

by adding at the end the following:

‘‘SOURCE WATER QUALITY ASSESSMENT

‘‘SEC. 1453. (a) SOURCE WATER ASSESSMENT.— ‘‘(1) GUIDANCE.—Within 12 months after the date of enactment of the Safe Drinking Water Act Amendments of 1996,

after notice and comment, the Administrator shall publish guidance for States exercising primary enforcement responsibility

for public water systems to carry out directly or through delegation (for the protection and benefit of public water systems

and for the support of monitoring flexibility) a source water

assessment program within the State’s boundaries. Each State

adopting modifications to monitoring requirements pursuant

to section 1418(b) shall, prior to adopting such modifications,

have an approved source water assessment program under

this section and shall carry out the program either directly

or through delegation.

‘‘(2) PROGRAM REQUIREMENTS.—A source water assessment

program under this subsection shall—

‘‘(A) delineate the boundaries of the assessment areas

in such State from which one or more public water systems

in the State receive supplies of drinking water, using all

reasonably available hydrogeologic information on the

sources of the supply of drinking water in the State and

the water flow, recharge, and discharge and any other

reliable information as the State deems necessary to adequately determine such areas; and

‘‘(B) identify for contaminants regulated under this

title for which monitoring is required under this title (or

any unregulated contaminants selected by the State, in

its discretion, which the State, for the purposes of this

subsection, has determined may present a threat to public

health), to the extent practical, the origins within each

delineated area of such contaminants to determine the

susceptibility of the public water systems in the delineated

area to such contaminants.

‘‘(3) APPROVAL, IMPLEMENTATION, AND MONITORING

RELIEF.—A State source water assessment program under this

subsection shall be submitted to the Administrator within 18

months after the Administrator’s guidance is issued under this

subsection and shall be deemed approved 9 months after the

date of such submittal unless the Administrator disapproves

the program as provided in section 1428(c). States shall begin

implementation of the program immediately after its approval.

The Administrator’s approval of a State program under this

subsection shall include a timetable, established in consultation

with the State, allowing not more than 2 years for completion

after approval of the program. Public water systems seeking

monitoring relief in addition to the interim relief provided

under section 1418(a) shall be eligible for monitoring relief,

consistent with section 1418(b), upon completion of the assessPublication.

42 USC 300j–13.
110 STAT. 1674 PUBLIC LAW 104–182—AUG. 6, 1996

ment in the delineated source water assessment area or areas

concerned.

‘‘(4) TIMETABLE.—The timetable referred to in paragraph

(3) shall take into consideration the availability to the State

of funds under section 1452 (relating to State loan funds)

for assessments and other relevant factors. The Administrator

may extend any timetable included in a State program approved

under paragraph (3) to extend the period for completion by

an additional 18 months.

‘‘(5) DEMONSTRATION PROJECT.—The Administrator shall,

as soon as practicable, conduct a demonstration project, in

consultation with other Federal agencies, to demonstrate the

most effective and protective means of assessing and protecting

source waters serving large metropolitan areas and located

on Federal lands.

‘‘(6) USE OF OTHER PROGRAMS.—To avoid duplication and

to encourage efficiency, the program under this section may

make use of any of the following:

‘‘(A) Vulnerability assessments, sanitary surveys, and

monitoring programs.

‘‘(B) Delineations or assessments of ground water

sources under a State wellhead protection program developed pursuant to this section.

‘‘(C) Delineations or assessments of surface or ground

water sources under a State pesticide management plan

developed pursuant to the Pesticide and Ground Water

State Management Plan Regulation (subparts I and J of

part 152 of title 40, Code of Federal Regulations), promulgated under section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(d)).

‘‘(D) Delineations or assessments of surface water

sources under a State watershed initiative or to satisfy

the watershed criterion for determining if filtration is

required under the Surface Water Treatment Rule (section

141.70 of title 40, Code of Federal Regulations).

‘‘(E) Delineations or assessments of surface or ground

water sources under programs or plans pursuant to the

Federal Water Pollution Control Act.

‘‘(7) PUBLIC AVAILABILITY.—The State shall make the

results of the source water assessments conducted under this

subsection available to the public.

‘‘(b) APPROVAL AND DISAPPROVAL.—For provisions relating to

program approval and disapproval, see section 1428(c).’’.

(b) APPROVAL AND DISAPPROVAL OF STATE PROGRAMS.—Section

1428 (42 U.S.C. 300h–7) is amended as follows:

(1) Amend the first sentence of subsection (c)(1) to read

as follows: ‘‘If, in the judgment of the Administrator, a State

program or portion thereof under subsection (a) is not adequate

to protect public water systems as required by subsection (a)

or a State program under section 1453 or section 1418(b) does

not meet the applicable requirements of section 1453 or section

1418(b), the Administrator shall disapprove such program or

portion thereof.’’.

(2) Add after the second sentence of subsection (c)(1) the

following: ‘‘A State program developed pursuant to section 1453

or section 1418(b) shall be deemed to meet the applicable

requirements of section 1453 or section 1418(b) unless the
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1675

Administrator determines within 9 months of the receipt of

the program that such program (or portion thereof) does not

meet such requirements.’’.

(3) In the third sentence of subsection (c)(1) and in subsection (c)(2), strike ‘‘is inadequate’’ and insert ‘‘is disapproved’’.

(4) In subsection (b), add the following before the period

at the end of the first sentence: ‘‘and source water assessment

programs under section 1453’’.

SEC. 133. SOURCE WATER PETITION PROGRAM.

(a) IN GENERAL.—Part E (42 U.S.C. 300j et seq.) is amended

by adding at the end the following:

‘‘SOURCE WATER PETITION PROGRAM

‘‘SEC. 1454. (a) PETITION PROGRAM.—

‘‘(1) IN GENERAL.—

‘‘(A) ESTABLISHMENT.—A State may establish a program under which an owner or operator of a community

water system in the State, or a municipal or local government or political subdivision of a State, may submit a

source water quality protection partnership petition to the

State requesting that the State assist in the local development of a voluntary, incentive-based partnership, among

the owner, operator, or government and other persons likely

to be affected by the recommendations of the partnership,

to—

‘‘(i) reduce the presence in drinking water of

contaminants that may be addressed by a petition

by considering the origins of the contaminants, including to the maximum extent practicable the specific

activities that affect the drinking water supply of a

community;

‘‘(ii) obtain financial or technical assistance necessary to facilitate establishment of a partnership, or

to develop and implement recommendations of a partnership for the protection of source water to assist

in the provision of drinking water that complies with

national primary drinking water regulations with

respect to contaminants addressed by a petition; and

‘‘(iii) develop recommendations regarding voluntary and incentive-based strategies for the long-term

protection of the source water of community water

systems.

‘‘(B) FUNDING.—Each State may—

‘‘(i) use funds set aside pursuant to section

1452(k)(1)(A)(iii) by the State to carry out a program

described in subparagraph (A), including assistance

to voluntary local partnerships for the development

and implementation of partnership recommendations

for the protection of source water such as source water

quality assessment, contingency plans, and demonstration projects for partners within a source water area

delineated under section 1453(a); and

‘‘(ii) provide assistance in response to a petition

submitted under this subsection using funds referred

to in subsection (b)(2)(B).

42 USC 300j–14.
110 STAT. 1676 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(2) OBJECTIVES.—The objectives of a petition submitted

under this subsection shall be to—

‘‘(A) facilitate the local development of voluntary, incentive-based partnerships among owners and operators of

community water systems, governments, and other persons

in source water areas; and

‘‘(B) obtain assistance from the State in identifying

resources which are available to implement the recommendations of the partnerships to address the origins

of drinking water contaminants that may be addressed

by a petition (including to the maximum extent practicable

the specific activities contributing to the presence of the

contaminants) that affect the drinking water supply of

a community.

‘‘(3) CONTAMINANTS ADDRESSED BY A PETITION.—A petition

submitted to a State under this subsection may address only

those contaminants—

‘‘(A) that are pathogenic organisms for which a national

primary drinking water regulation has been established

or is required under section 1412; or

‘‘(B) for which a national primary drinking water regulation has been promulgated or proposed and that are

detected by adequate monitoring methods in the source

water at the intake structure or in any collection, treatment, storage, or distribution facilities by the community

water systems at levels—

‘‘(i) above the maximum contaminant level; or

‘‘(ii) that are not reliably and consistently below

the maximum contaminant level.

‘‘(4) CONTENTS.—A petition submitted under this subsection

shall, at a minimum—

‘‘(A) include a delineation of the source water area

in the State that is the subject of the petition;

‘‘(B) identify, to the maximum extent practicable, the

origins of the drinking water contaminants that may be

addressed by a petition (including to the maximum extent

practicable the specific activities contributing to the presence of the contaminants) in the source water area delineated under section 1453;

‘‘(C) identify any deficiencies in information that will

impair the development of recommendations by the voluntary local partnership to address drinking water

contaminants that may be addressed by a petition;

‘‘(D) specify the efforts made to establish the voluntary

local partnership and obtain the participation of—

‘‘(i) the municipal or local government or other

political subdivision of the State with jurisdiction over

the source water area delineated under section 1453;

and

‘‘(ii) each person in the source water area delineated under section 1453—

‘‘(I) who is likely to be affected by recommendations of the voluntary local partnership;

and

‘‘(II) whose participation is essential to the

success of the partnership;
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1677

‘‘(E) outline how the voluntary local partnership has

or will, during development and implementation of recommendations of the voluntary local partnership, identify,

recognize and take into account any voluntary or other

activities already being undertaken by persons in the

source water area delineated under section 1453 under

Federal or State law to reduce the likelihood that contaminants will occur in drinking water at levels of public health

concern; and

‘‘(F) specify the technical, financial, or other assistance

that the voluntary local partnership requests of the State

to develop the partnership or to implement recommendations of the partnership.

‘‘(b) APPROVAL OR DISAPPROVAL OF PETITIONS.—

‘‘(1) IN GENERAL.—After providing notice and an opportunity for public comment on a petition submitted under subsection (a), the State shall approve or disapprove the petition,

in whole or in part, not later than 120 days after the date

of submission of the petition.

‘‘(2) APPROVAL.—The State may approve a petition if the

petition meets the requirements established under subsection

(a). The notice of approval shall, at a minimum, include for

informational purposes—

‘‘(A) an identification of technical, financial, or other

assistance that the State will provide to assist in addressing

the drinking water contaminants that may be addressed

by a petition based on—

‘‘(i) the relative priority of the public health concern identified in the petition with respect to the other

water quality needs identified by the State;

‘‘(ii) any necessary coordination that the State will

perform of the program established under this section

with programs implemented or planned by other States

under this section; and

‘‘(iii) funds available (including funds available

from a State revolving loan fund established under

title VI of the Federal Water Pollution Control Act

(33 U.S.C. 1381 et seq.)) or section 1452;

‘‘(B) a description of technical or financial assistance

pursuant to Federal and State programs that is available

to assist in implementing recommendations of the partnership in the petition, including—

‘‘(i) any program established under the Federal

Water Pollution Control Act (33 U.S.C. 1251 et seq.);

‘‘(ii) the program established under section 6217

of the Coastal Zone Act Reauthorization Amendments

of 1990 (16 U.S.C. 1455b);

‘‘(iii) the agricultural water quality protection program established under chapter 2 of subtitle D of title

XII of the Food Security Act of 1985 (16 U.S.C. 3838

et seq.);

‘‘(iv) the sole source aquifer protection program

established under section 1427;

‘‘(v) the community wellhead protection program

established under section 1428;

‘‘(vi) any pesticide or ground water management

plan;
110 STAT. 1678 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(vii) any voluntary agricultural resource management plan or voluntary whole farm or whole ranch

management plan developed and implemented under

a process established by the Secretary of Agriculture;

and

‘‘(viii) any abandoned well closure program; and

‘‘(C) a description of activities that will be undertaken

to coordinate Federal and State programs to respond to

the petition.

‘‘(3) DISAPPROVAL.—If the State disapproves a petition

submitted under subsection (a), the State shall notify the entity

submitting the petition in writing of the reasons for disapproval.

A petition may be resubmitted at any time if—

‘‘(A) new information becomes available;

‘‘(B) conditions affecting the source water that is the

subject of the petition change; or

‘‘(C) modifications are made in the type of assistance

being requested.

‘‘(c) GRANTS TO SUPPORT STATE PROGRAMS.—

‘‘(1) IN GENERAL.—The Administrator may make a grant

to each State that establishes a program under this section

that is approved under paragraph (2). The amount of each

grant shall not exceed 50 percent of the cost of administering

the program for the year in which the grant is available.

‘‘(2) APPROVAL.—In order to receive grant assistance under

this subsection, a State shall submit to the Administrator for

approval a plan for a source water quality protection partnership program that is consistent with the guidance published

under subsection (d). The Administrator shall approve the plan

if the plan is consistent with the guidance published under

subsection (d).

‘‘(d) GUIDANCE.—

‘‘(1) IN GENERAL.—Not later than 1 year after the date

of enactment of this section, the Administrator, in consultation

with the States, shall publish guidance to assist—

‘‘(A) States in the development of a source water quality

protection partnership program; and

‘‘(B) municipal or local governments or political subdivisions of a State and community water systems in the

development of source water quality protection partnerships and in the assessment of source water quality.

‘‘(2) CONTENTS OF THE GUIDANCE.—The guidance shall, at

a minimum—

‘‘(A) recommend procedures for the approval or disapproval by a State of a petition submitted under subsection (a);

‘‘(B) recommend procedures for the submission of petitions developed under subsection (a);

‘‘(C) recommend criteria for the assessment of source

water areas within a State; and

‘‘(D) describe technical or financial assistance pursuant

to Federal and State programs that is available to address

the contamination of sources of drinking water and to

develop and respond to petitions submitted under subsection (a).

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $5,000,000 for each

Publication.

Notification.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1679

of the fiscal years 1997 through 2003. Each State with a plan

for a program approved under subsection (b) shall receive an equitable portion of the funds available for any fiscal year.

‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this section—

‘‘(1)(A) creates or conveys new authority to a State, political

subdivision of a State, or community water system for any

new regulatory measure; or

‘‘(B) limits any authority of a State, political subdivision,

or community water system; or

‘‘(2) precludes a community water system, municipal or

local government, or political subdivision of a government from

locally developing and carrying out a voluntary, incentivebased, source water quality protection partnership to address

the origins of drinking water contaminants of public health

concern.’’.

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress

that each State in establishing priorities under section 606(c)(1)

of the Federal Water Pollution Control Act should give special

consideration to projects that are eligible for funding under that

Act and have been recommended pursuant to a petition submitted

under section 1454 of the Safe Drinking Water Act.

SEC. 134. WATER CONSERVATION PLAN.

Part E (42 U.S.C. 300j et seq.) is amended by adding at the

end the following:

‘‘WATER CONSERVATION PLAN

‘‘SEC. 1455. (a) GUIDELINES.—Not later than 2 years after the

date of enactment of the Safe Drinking Water Act Amendments

of 1996, the Administrator shall publish in the Federal Register

guidelines for water conservation plans for public water systems

serving fewer than 3,300 persons, public water systems serving

between 3,300 and 10,000 persons, and public water systems serving

more than 10,000 persons, taking into consideration such factors

as water availability and climate.

‘‘(b) LOANS OR GRANTS.—Within 1 year after publication of

the guidelines under subsection (a), a State exercising primary

enforcement responsibility for public water systems may require

a public water system, as a condition of receiving a loan or grant

from a State loan fund under section 1452, to submit with its

application for such loan or grant a water conservation plan consistent with such guidelines.’’.

SEC. 135. DRINKING WATER ASSISTANCE TO COLONIAS.

Part E (42 U.S.C. 300j et seq.) is amended by adding the

following new section at the end thereof:

‘‘ASSISTANCE TO COLONIAS

‘‘SEC. 1456. (a) DEFINITIONS.—As used in this section:

‘‘(1) BORDER STATE.—The term ‘border State’ means

Arizona, California, New Mexico, and Texas.

‘‘(2) ELIGIBLE COMMUNITY.—The term ‘eligible community’

means a low-income community with economic hardship that—

‘‘(A) is commonly referred to as a colonia;

‘‘(B) is located along the United States-Mexico border

(generally in an unincorporated area); and

42 USC 300j–16.

Federal Register,

publication.

42 USC 300j–15.
110 STAT. 1680 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(C) lacks a safe drinking water supply or adequate

facilities for the provision of safe drinking water for human

consumption.

‘‘(b) GRANTS TO ALLEVIATE HEALTH RISKS.—The Administrator

of the Environmental Protection Agency and the heads of other

appropriate Federal agencies are authorized to award grants to

a border State to provide assistance to eligible communities to

facilitate compliance with national primary drinking water regulations or otherwise significantly further the health protection objectives of this title.

‘‘(c) USE OF FUNDS.—Each grant awarded pursuant to subsection (b) shall be used to provide assistance to one or more

eligible communities with respect to which the residents are subject

to a significant health risk (as determined by the Administrator

or the head of the Federal agency making the grant) attributable

to the lack of access to an adequate and affordable drinking water

supply system.

‘‘(d) COST SHARING.—The amount of a grant awarded pursuant

to this section shall not exceed 50 percent of the costs of carrying

out the project that is the subject of the grant.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $25,000,000 for each

of the fiscal years 1997 through 1999.’’.

SEC. 136. ESTROGENIC SUBSTANCES SCREENING PROGRAM.

Part E (42 U.S.C. 300j et seq.) is amended by adding at the

end the following:

‘‘ESTROGENIC SUBSTANCES SCREENING PROGRAM

‘‘SEC. 1457. In addition to the substances referred to in section

408(p)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

346a(p)(3)(B)) the Administrator may provide for testing under the

screening program authorized by section 408(p) of such Act, in

accordance with the provisions of section 408(p) of such Act, of

any other substance that may be found in sources of drinking

water if the Administrator determines that a substantial population

may be exposed to such substance.’’.

SEC. 137. DRINKING WATER STUDIES.

Part E (42 U.S.C. 300j et seq.) is amended by adding after

section 1457 the following:

‘‘DRINKING WATER STUDIES

‘‘SEC. 1458. (a) SUBPOPULATIONS AT GREATER RISK.—

‘‘(1) IN GENERAL.—The Administrator shall conduct a

continuing program of studies to identify groups within the

general population that may be at greater risk than the general

population of adverse health effects from exposure to contaminants in drinking water. The study shall examine whether

and to what degree infants, children, pregnant women, the

elderly, individuals with a history of serious illness, or other

subpopulations that can be identified and characterized are

likely to experience elevated health risks, including risks of

cancer, from contaminants in drinking water.

‘‘(2) REPORT.—Not later than 4 years after the date of

enactment of this subsection and periodically thereafter as new

42 USC 300j–18.

42 USC 300j–17.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1681

and significant information becomes available, the Administrator shall report to the Congress on the results of the studies.

‘‘(b) BIOLOGICAL MECHANISMS.—The Administrator shall conduct biomedical studies to—

‘‘(1) understand the mechanisms by which chemical

contaminants are absorbed, distributed, metabolized, and eliminated from the human body, so as to develop more accurate

physiologically based models of the phenomena;

‘‘(2) understand the effects of contaminants and the mechanisms by which the contaminants cause adverse effects (especially noncancer and infectious effects) and the variations in

the effects among humans, especially subpopulations at greater

risk of adverse effects, and between test animals and humans;

and

‘‘(3) develop new approaches to the study of complex mixtures, such as mixtures found in drinking water, especially

to determine the prospects for synergistic or antagonistic interactions that may affect the shape of the dose-response relationship of the individual chemicals and microbes, and to examine

noncancer endpoints and infectious diseases, and susceptible

individuals and subpopulations.

‘‘(c) STUDIES ON HARMFUL SUBSTANCES IN DRINKING WATER.—

‘‘(1) DEVELOPMENT OF STUDIES.—The Administrator shall,

not later than 180 days after the date of enactment of this

section and after consultation with the Secretary of Health

and Human Services, the Secretary of Agriculture, and, as

appropriate, the heads of other Federal agencies, conduct the

studies described in paragraph (2) to support the development

and implementation of the most current version of each of

the following:

‘‘(A) Enhanced Surface Water Treatment Rule (59 Fed.

Reg. 38832 (July 29, 1994)).

‘‘(B) Disinfectant and Disinfection Byproducts Rule (59

Fed. Reg. 38668 (July 29, 1994)).

‘‘(C) Ground Water Disinfection Rule (availability of

draft summary announced at (57 Fed. Reg. 33960; July

31, 1992)).

‘‘(2) CONTENTS OF STUDIES.—The studies required by paragraph (1) shall include, at a minimum, each of the following:

‘‘(A) Toxicological studies and, if warranted,

epidemiological studies to determine what levels of exposure from disinfectants and disinfection byproducts, if any,

may be associated with developmental and birth defects

and other potential toxic end points.

‘‘(B) Toxicological studies and, if warranted,

epidemiological studies to quantify the carcinogenic potential from exposure to disinfection byproducts resulting from

different disinfectants.

‘‘(C) The development of dose-response curves for

pathogens, including cryptosporidium and the Norwalk

virus.

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to carry out this subsection

$12,500,000 for each of fiscal years 1997 through 2003.

‘‘(d) WATERBORNE DISEASE OCCURRENCE STUDY.—

‘‘(1) SYSTEM.—The Director of the Centers for Disease Control and Prevention, and the Administrator shall jointly—
110 STAT. 1682 PUBLIC LAW 104–182—AUG. 6, 1996

‘‘(A) within 2 years after the date of enactment of

this section, conduct pilot waterborne disease occurrence

studies for at least 5 major United States communities

or public water systems; and

‘‘(B) within 5 years after the date of enactment of

this section, prepare a report on the findings of the pilot

studies, and a national estimate of waterborne disease

occurrence.

‘‘(2) TRAINING AND EDUCATION.—The Director and Administrator shall jointly establish a national health care provider

training and public education campaign to inform both the

professional health care provider community and the general

public about waterborne disease and the symptoms that may

be caused by infectious agents, including microbial contaminants. In developing such a campaign, they shall seek comment

from interested groups and individuals, including scientists,

physicians, State and local governments, environmental groups,

public water systems, and vulnerable populations.

‘‘(3) FUNDING.—There are authorized to be appropriated

for each of the fiscal years 1997 through 2001, $3,000,000

to carry out this subsection. To the extent funds under this

subsection are not fully appropriated, the Administrator may

use not more than $2,000,000 of the funds from amounts

reserved under section 1452(n) for health effects studies for

purposes of this subsection. The Administrator may transfer

a portion of such funds to the Centers for Disease Control

and Prevention for such purposes.’’.

TITLE II—DRINKING WATER RESEARCH

SEC. 201. DRINKING WATER RESEARCH AUTHORIZATION.

Other than amounts authorized to be appropriated to the

Administrator of the Environmental Protection Agency under other

titles of this Act, there are authorized to be appropriated such

additional sums as may be necessary for drinking water research

for fiscal years 1997 through 2003. The annual total of such additional sums authorized to be appropriated under this section shall

not exceed $26,593,000.

SEC. 202. SCIENTIFIC RESEARCH REVIEW.

(a) IN GENERAL.—The Administrator shall—

(1) develop a strategic plan for drinking water research

activities throughout the Environmental Protection Agency (in

this section referred to as the ‘‘Agency’’);

(2) integrate that strategic plan into ongoing Agency planning activities; and

(3) review all Agency drinking water research to ensure

the research—

(A) is of high quality; and

(B) does not duplicate any other research being conducted by the Agency.

(b) PLAN.—The Administrator shall transmit the plan to the

Committees on Commerce and Science of the House of Representatives and the Committee on Environment and Public Works of

the Senate and the plan shall be made available to the public.

Public

information.

42 USC 300j–1

note.

Reports.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1683

SEC. 203. NATIONAL CENTER FOR GROUND WATER RESEARCH.

The Administrator of the Environmental Protection Agency,

acting through the Robert S. Kerr Environmental Research Laboratory, is authorized to reestablish a partnership between the Laboratory and the National Center for Ground Water Research, a university consortium, to conduct research, training, and technology transfer for ground water quality protection and restoration. No funds

are authorized by this section.

TITLE III—MISCELLANEOUS

PROVISIONS

SEC. 301. WATER RETURN FLOWS.

Section 3013 of Public Law 102–486 (42 U.S.C. 13551) is

repealed.

SEC. 302. TRANSFER OF FUNDS.

(a) IN GENERAL.—Notwithstanding any other provision of law,

at any time after the date 1 year after a State establishes a

State loan fund pursuant to section 1452 of the Safe Drinking

Water Act but prior to fiscal year 2002, a Governor of the State

may—

(1) reserve up to 33 percent of a capitalization grant made

pursuant to such section 1452 and add the funds reserved

to any funds provided to the State pursuant to section 601

of the Federal Water Pollution Control Act (33 U.S.C. 1381);

and

(2) reserve in any year a dollar amount up to the dollar

amount that may be reserved under paragraph (1) for that

year from capitalization grants made pursuant to section 601

of such Act (33 U.S.C. 1381) and add the reserved funds to

any funds provided to the State pursuant to section 1452 of

the Safe Drinking Water Act.

(b) REPORT.—Not later than 4 years after the date of enactment

of this Act, the Administrator shall submit a report to the Congress

regarding the implementation of this section, together with the

Administrator’s recommendations, if any, for modifications or

improvement.

(c) STATE MATCH.—Funds reserved pursuant to this section

shall not be considered to be a State match of a capitalization

grant required pursuant to section 1452 of the Safe Drinking Water

Act or the Federal Water Pollution Control Act (33 U.S.C. 1251

et seq.).

SEC. 303. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL

AND NATIVE VILLAGES.

(a) IN GENERAL.—The Administrator of the Environmental

Protection Agency may make grants to the State of Alaska for

the benefit of rural and Native villages in Alaska to pay the Federal

share of the cost of—

(1) the development and construction of public water systems and wastewater systems to improve the health and sanitation conditions in the villages; and

(2) training, technical assistance, and educational programs

relating to the operation and management of sanitation services

in rural and Native villages.

33 USC 1263a.

42 USC 300j–12

note.

42 USC 300j–1

note.
110 STAT. 1684 PUBLIC LAW 104–182—AUG. 6, 1996

(b) FEDERAL SHARE.—The Federal share of the cost of the

activities described in subsection (a) shall be 50 percent.

(c) ADMINISTRATIVE EXPENSES.—The State of Alaska may use

an amount not to exceed 4 percent of any grant made available

under this subsection for administrative expenses necessary to carry

out the activities described in subsection (a).

(d) CONSULTATION WITH THE STATE OF ALASKA.—The Administrator shall consult with the State of Alaska on a method of

prioritizing the allocation of grants under subsection (a) according

to the needs of, and relative health and sanitation conditions in,

each eligible village.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $15,000,000 for each of the fiscal years 1997

through 2000 to carry out this section.

SEC. 304. SENSE OF THE CONGRESS.

It is the sense of the Congress that appropriations for grants

under section 128 (relating to New York City watershed), section

135 (relating to colonias), and section 307 (relating to Alaska Native

villages) should not be provided if such appropriations would prevent the adequate capitalization of State revolving loan funds.

SEC. 305. BOTTLED DRINKING WATER STANDARDS.

Section 410 of the Federal Food, Drug, and Cosmetic Act (21

U.S.C. 349) is amended as follows:

(1) By striking ‘‘Whenever’’ and inserting ‘‘(a) Except as

provided in subsection (b), whenever’’.

(2) By adding at the end the following new subsection:

‘‘(b)(1) Not later than 180 days before the effective date of

a national primary drinking water regulation promulgated by the

Administrator of the Environmental Protection Agency for a

contaminant under section 1412 of the Safe Drinking Water Act

(42 U.S.C. 300g–1), the Secretary shall promulgate a standard

of quality regulation under this subsection for that contaminant

in bottled water or make a finding that such a regulation is not

necessary to protect the public health because the contaminant

is contained in water in public water systems (as defined under

section 1401(4) of such Act (42 U.S.C. 300f(4))) but not in water

used for bottled drinking water. The effective date for any such

standard of quality regulation shall be the same as the effective

date for such national primary drinking water regulation, except

for any standard of quality of regulation promulgated by the Secretary before the date of enactment of the Safe Drinking Water

Act Amendments of 1996 for which (as of such date of enactment)

an effective date had not been established. In the case of a standard

of quality regulation to which such exception applies, the Secretary

shall promulgate monitoring requirements for the contaminants

covered by the regulation not later than 2 years after such date

of enactment.

‘‘(2) A regulation issued by the Secretary as provided in this

subsection shall include any monitoring requirements that the Secretary determines appropriate for bottled water.

‘‘(3) A regulation issued by the Secretary as provided in this

subsection shall require the following:

‘‘(A) In the case of contaminants for which a maximum

contaminant level is established in a national primary drinking

water regulation under section 1412 of the Safe Drinking Water

Act (42 U.S.C. 300g–1), the regulation under this subsection

Effective date.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1685

shall establish a maximum contaminant level for the contaminant in bottled water which is no less stringent than the

maximum contaminant level provided in the national primary

drinking water regulation.

‘‘(B) In the case of contaminants for which a treatment

technique is established in a national primary drinking water

regulation under section 1412 of the Safe Drinking Water Act

(42 U.S.C. 300g–1), the regulation under this subsection shall

require that bottled water be subject to requirements no less

protective of the public health than those applicable to water

provided by public water systems using the treatment technique

required by the national primary drinking water regulation.

‘‘(4)(A) If the Secretary does not promulgate a regulation under

this subsection within the period described in paragraph (1), the

national primary drinking water regulation referred to in paragraph

(1) shall be considered, as of the date on which the Secretary

is required to establish a regulation under paragraph (1), as the

regulation applicable under this subsection to bottled water.

‘‘(B) In the case of a national primary drinking water regulation

that pursuant to subparagraph (A) is considered to be a standard

of quality regulation, the Secretary shall, not later than the

applicable date referred to in such subparagraph, publish in the

Federal Register a notice—

‘‘(i) specifying the contents of such regulation, including

monitoring requirements; and

‘‘(ii) providing that for purposes of this paragraph the effective date for such regulation is the same as the effective date

for the regulation for purposes of the Safe Drinking Water

Act (or, if the exception under paragraph (1) applies to the

regulation, that the effective date for the regulation is not

later than 2 years and 180 days after the date of enactment

of the Safe Drinking Water Act Amendments of 1996).’’.

SEC. 306. WASHINGTON AQUEDUCT.

(a) DEFINITIONS.—In this section:

(1) NON-FEDERAL PUBLIC WATER SUPPLY CUSTOMER.—The

terms ‘‘non-Federal public water supply customer’’ and ‘‘customer’’ mean—

(A) the District of Columbia;

(B) Arlington County, Virginia; and

(C) the city of Falls Church, Virginia.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Army, acting through the Chief of Engineers.

(3) VALUE TO THE GOVERNMENT.—The term ‘‘value to the

Government’’ means the net present value of a contract entered

into under subsection (e)(2), calculated in accordance with subparagraphs (A) and (B) of section 502(5) of the Congressional

Budget Act of 1974 (2 U.S.C. 66la(5)), other than section

502(5)(B)(I) of the Act, as though the contract provided for

repayment of a direct loan to a customer.

(4) WASHINGTON AQUEDUCT.—The term ‘‘Washington Aqueduct’’ means the Washington Aqueduct facilities and related

facilities owned by the Federal Government as of the date

of enactment of this Act, including—

(A) the dams, intake works, conduits, and pump stations that capture and transport raw water from the Potomac River to the Dalecarlia Reservoir;

District of

Columbia.

Virginia.

40 USC 45 note.

Effective date.

Federal Register,

publication.
110 STAT. 1686 PUBLIC LAW 104–182—AUG. 6, 1996

(B) the infrastructure and appurtenances used to treat

water taken from the Potomac River to potable standards;

and

(C) related water distribution facilities.

(b) REGIONAL ENTITY.—

(1) IN GENERAL.—The Congress encourages and grants consent to the customers to establish a non-Federal public or

private entity, or to enter into an agreement with an existing

non-Federal public or private entity, to—

(A) receive title to the Washington Aqueduct; and

(B) operate, maintain, and manage the Washington

Aqueduct in a manner that adequately represents all

interests of its customers.

(2) CONSIDERATION.—If an entity receiving title to the

Washington Aqueduct is not composed entirely of non-Federal

public water supply customers, the entity shall consider the

customers’ historical provision of equity for the Aqueduct.

(3) PRIORITY ACCESS.—The customers shall have priority

access to any water produced by the Washington Aqueduct.

(4) CONSENT OF THE CONGRESS.—The Congress grants consent to the customers to enter into any interstate agreement

or compact required to carry out this section.

(5) STATUTORY CONSTRUCTION.—This section shall not preclude the customers from pursuing any option regarding ownership, operation, maintenance, and management of the Washington Aqueduct.

(c) PROGRESS REPORT AND PLAN.—Not later than 1 year after

the date of enactment of this Act, the Secretary shall report to

the Committee on Environment and Public Works of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives on any progress in achieving the objectives

of subsection (b)(1) and shall submit a plan for the transfer of

ownership, operation, maintenance, and management of the

Washington Aqueduct to a non-Federal public or private entity.

Such plan shall include a detailed consideration of any proposal

to transfer such ownership, maintenance, or management to a private entity.

(d) TRANSFER.—

(1) IN GENERAL.—Subject to subsection (b)(2), the other

provisions of this subsection, and any other terms and conditions the Secretary considers appropriate to protect the

interests of the United States, the Secretary shall, not later

than 3 years after the date of enactment of this Act and

with the consent of a majority of the customers and without

consideration to the Federal Government, transfer all right,

title, and interest of the United States in the Washington

Aqueduct, and its real property, facilities, and personalty, to

a non-Federal, public or private entity. Approval of such transfer shall not be unreasonably withheld by the Secretary.

(2) ADEQUATE CAPABILITIES.—The Secretary shall transfer

ownership of the Washington Aqueduct under paragraph (1)

only if the Secretary determines, after opportunity for public

input, that the entity to receive ownership of the Aqueduct

has the technical, managerial, and financial capability to operate, maintain, and manage the Aqueduct.

(3) RESPONSIBILITIES.—The Secretary shall not transfer

title under this subsection unless the entity to receive title
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1687

assumes full responsibility for performing and financing the

operation, maintenance, repair, replacement, rehabilitation, and

necessary capital improvements of the Washington Aqueduct

so as to ensure the continued operation of the Washington

Aqueduct consistent with the Aqueduct’s intended purpose of

providing an uninterrupted supply of potable water sufficient

to meet the current and future needs of the Aqueduct’s service

area.

(e) BORROWING AUTHORITY.—

(1) BORROWING.—

(A) IN GENERAL.—Subject to the other provisions of

this paragraph and paragraph (2), the Secretary is authorized to borrow from the Treasury of the United States

such amounts for fiscal years 1997, 1998, and 1999 as

are sufficient to cover any obligations that the Army Corps

of Engineers is required to incur in carrying out capital

improvements during fiscal years 1997, 1998, and 1999

for the Washington Aqueduct to ensure continued operation

of the Aqueduct until such time as a transfer of title

to the Aqueduct has taken place.

(E) LIMITATION.—The amount borrowed by the Secretary under subparagraph (A) may not exceed $29,000,000

for fiscal year 1997, $24,000,000 for fiscal year 1998, and

$22,000,000 for fiscal year 1999.

(C) AGREEMENT.—Amounts borrowed under subparagraph (A) may only be used for capital improvements

agreed to by the Army Corps of Engineers and the customers.

(D) TERMS OF BORROWING.—

(i) IN GENERAL.—The Secretary of the Treasury

shall provide the funds borrowed under subparagraph

(A) under such terms and conditions as the Secretary

of Treasury determines to be necessary and in the

public interest and subject to the contracts required

under paragraph (2).

(ii) TERM.—The term of any loan made under

subparagraph (A) shall be for a period of not less

than 20 years.

(iii) PREPAYMENT.—There shall be no penalty for

the prepayment of any amounts borrowed under

subparagraph (A).

(2) CONTRACTS WITH CUSTOMERS.—

(A) IN GENERAL.—The borrowing authority under paragraph (1)(A) shall be effective only after the Chief of Engineers has entered into contracts with each customer under

which the customer commits to repay a pro rata share

(based on water purchase) of the principal and interest

owed by the Secretary to the Secretary of the Treasury

under paragraph (1).

(B) PREPAYMENT.—Any customer may repay, at any

time, the pro rata share of the principal and interest then

owed by the customer and outstanding, or any portion

thereof, without penalty.

(C) RISK OF DEFAULT.—Under each of the contracts,

the customer that enters into the contract shall commit

to pay any additional amount necessary to fully offset

the risk of default on the contract.
110 STAT. 1688 PUBLIC LAW 104–182—AUG. 6, 1996

(D) OBLIGATIONS.—Each contract under subparagraph

(A) shall include such terms and conditions as the Secretary

of the Treasury may require so that the value to the

Government of the contracts entered into under subparagraph (A) is estimated to be equal to the obligations of

the Army Corps of Engineers for carrying out capital

improvements at the Washington Aqueduct at the time

that each series of contracts is entered into.

(E) OTHER CONDITIONS.—Each contract entered into

under subparagraph (A) shall—

(i) provide that the customer pledges future income

only from fees assessed for principal and interest payments required by such contracts and costs to operate

and maintain the Washington Aqueduct;

(ii) provide the United States priority in regard

to income from fees assessed to operate and maintain

the Washington Aqueduct; and

(iii) include other conditions consistent with this

section that the Secretary of the Treasury determines

to be appropriate.

(3) LIMITATIONS.—

(A) BORROWING AUTHORITY.—The Secretary’s borrowing authority for making capital improvements at the

Washington Aqueduct under paragraph (1) shall not extend

beyond fiscal year 1999.

(B) OBLIGATION AUTHORITY.—Upon expiration of the

borrowing authority exercised under paragraph (1), the

Secretary shall not obligate funds for making capital

improvements at the Washington Aqueduct except funds

which are provided in advance by the customers. This

limitation does not affect the Secretary’s authority to conduct normal operation and maintenance activities, including minor repair and replacement work.

(4) IMPACT ON IMPROVEMENT PROGRAM.—Not later than

180 days after the date of enactment of this Act, the Secretary,

in consultation with other Federal agencies, shall transmit

to the Committee on Environment and Public Works of the

Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that assesses

the impact of the borrowing authority provided under this

subsection on the near-term improvement projects in the

Washington Aqueduct Improvement Program, work scheduled,

and the financial liability to be incurred.

(f) REISSUANCE OF NPDES PERMIT.—Prior to reissuing a

National Pollutant Discharge Elimination System (NPDES) permit

for the Washington Aqueduct, the Administrator of the Environmental Protection Agency shall consult with the customers and

the Secretary regarding opportunities for more efficient water facility configurations that might be achieved through various possible

transfers of the Washington Aqueduct. Such consultation shall

include specific consideration of concerns regarding a proposed

solids recovery facility, and may include a public hearing.

SEC. 307. WASTEWATER ASSISTANCE TO COLONIAS.

(a) DEFINITIONS.—As used in this section:

(1) BORDER STATE.—The term ‘‘border State’’ means

Arizona, California, New Mexico, and Texas.

33 USC 1281

note.

Reports.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1689

(2) ELIGIBLE COMMUNITY.—The term ‘‘eligible community’’

means a low-income community with economic hardship that—

(A) is commonly referred to as a colonia;

(B) is located along the United States-Mexico border

(generally in an unincorporated area); and

(C) lacks basic sanitation facilities such as household

plumbing or a proper sewage disposal system.

(3) TREATMENT WORKS.—The term ‘‘treatment works’’ has

the meaning provided in section 212(2) of the Federal Water

Pollution Control Act (33 U.S.C. 1292(2)).

(b) GRANTS FOR WASTEWATER ASSISTANCE.—The Administrator

of the Environmental Protection Agency and the heads of other

appropriate Federal agencies are authorized to award grants to

a border State to provide assistance to eligible communities for

the planning, design, and construction or improvement of sewers,

treatment works, and appropriate connections for wastewater treatment.

(c) USE OF FUNDS.—Each grant awarded pursuant to subsection

(b) shall be used to provide assistance to one or more eligible

communities with respect to which the residents are subject to

a significant health risk (as determined by the Administrator or

the head of the Federal agency making the grant) attributable

to the lack of access to an adequate and affordable treatment

works for wastewater.

(d) COST SHARING.—The amount of a grant awarded pursuant

to this section shall not exceed 50 percent of the costs of carrying

out the project that is the subject of the grant.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $25,000,000 for each

of the fiscal years 1997 through 1999.

SEC. 308. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTATION OF LAKE CHAMPLAIN.

(a) FINDINGS.—Section 1002(a) of the Nonindigenous Aquatic

Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701(a))

is amended as follows:

(1) By striking ‘‘and’’ at the end of paragraph (3).

(2) By striking the period at the end of paragraph (4)

and inserting ‘‘; and’’.

(3) By adding at the end the following new paragraph:

‘‘(5) the zebra mussel was discovered on Lake Champlain

during 1993 and the opportunity exists to act quickly to establish zebra mussel controls before Lake Champlain is further

infested and management costs escalate.’’.

(b) EX OFFICIO MEMBERS OF AQUATIC NUISANCE SPECIES TASK

FORCE.—Section 1201(c) of such Act (16 U.S.C. 4721(c)) is amended

by inserting ‘‘, the Lake Champlain Basin Program,’’ after ‘‘Great

Lakes Commission’’.
110 STAT. 1690 PUBLIC LAW 104–182—AUG. 6, 1996

TITLE IV—ADDITIONAL ASSISTANCE

FOR WATER INFRASTRUCTURE AND

WATERSHEDS

SEC. 401. NATIONAL PROGRAM.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The Administrator

of the Environmental Protection Agency may provide technical and

financial assistance in the form of grants to States (1) for the

construction, rehabilitation, and improvement of water supply systems, and (2) consistent with nonpoint source management programs established under section 319 of the Federal Water Pollution

Control Act, for source water quality protection programs to address

pollutants in navigable waters for the purpose of making such

waters usable by water supply systems.

(b) LIMITATION.—Not more than 30 percent of the amounts

appropriated to carry out this section in a fiscal year may be

used for source water quality protection programs described in

subsection (a)(2).

(c) CONDITION.—As a condition to receiving assistance under

this section, a State shall ensure that such assistance is carried

out in the most cost-effective manner, as determined by the State.

(d) AUTHORIZATION OF APPROPRIATIONS.—

(1) UNCONDITIONAL AUTHORIZATION.—There are authorized

to be appropriated to carry out this section $25,000,000 for

each of fiscal years 1997 through 2003. Such sums shall remain

available until expended.

(2) CONDITIONAL AUTHORIZATION.—In addition to amounts

authorized under paragraph (1), there are authorized to be

appropriated to carry out this title $25,000,000 for each of

fiscal years 1997 through 2003, provided that such authorization shall be in effect for a fiscal year only if at least 75

percent of the total amount of funds authorized to be appropriated for such fiscal year by section 1452(m) of the Safe

Drinking Water Act are appropriated.

(e) ACQUISITION OF LANDS.—Assistance provided with funds

made available under this title may be used for the acquisition

of lands and other interests in lands; however, nothing in this

title authorizes the acquisition of lands or other interests in lands

from other than willing sellers.

(f) FEDERAL SHARE.—The Federal share of the cost of activities

for which grants are made under this title shall be 50 percent.

(g) DEFINITIONS.—In this section, the following definitions

apply:

(1) STATE.—The term ‘‘State’’ means a State, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands.

(2) WATER SUPPLY SYSTEM.—The term ‘‘water supply system’’ means a system for the provision to the public of piped

water for human consumption if such system has at least

15 service connections or regularly serves at least 25 individuals

and a draw and fill system for the provision to the public

of water for human consumption. Such term does not include

a system owned by a Federal agency. Such term includes (A)

any collection, treatment, storage, and distribution facilities

42 USC 300j–3c.
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1691

under control of the operator of such system and used primarily

in connection with such system, and (B) any collection or

pretreatment facilities not under such control that are used

primarily in connection with such system.

TITLE V—CLERICAL AMENDMENTS

SEC. 501. CLERICAL AMENDMENTS.

(a) PART B.—Part B (42 U.S.C. 300g et seq.) is amended as

follows:

(1) In section 1412(b), move the margins of paragraph

(11) 2 ems to the right.

(2) In section 1412(b)(8), strike ‘‘1442(g)’’ and insert

‘‘1442(e)’’.

(3) In section 1415(a)(1)(A), insert ‘‘the’’ before ‘‘time the

variance is granted’’.

(b) PART C.—Part C (42 U.S.C. 300h et seq.) is amended as

follows:

(1) In section 1421(b)(3)(B)(i), strike ‘‘number or States’’

and inserting ‘‘number of States’’.

(2) In section 1427(k), strike ‘‘this subsection’’ and inserting

‘‘this section’’.

(c) PART E.—Section 1441(f) (42 U.S.C. 300j(f)) is amended

by inserting a period at the end.

(d) SECTION 1465(b).—Section 1465(b) (42 U.S.C. 300j–25(b))

is amended by striking ‘‘as by’’ and inserting ‘‘by’’.

(e) SHORT TITLE.—Section 1 of Public Law 93–523 (88 Stat.

1600) is amended by inserting ‘‘of 1974’’ after ‘‘Act’’ the second

place it appears and title XIV of the Public Health Service Act

is amended by inserting the following immediately before part

A:

‘‘SHORT TITLE

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

Act’.’’.

(f) TECHNICAL AMENDMENTS TO SECTION HEADINGS.— (1) The section heading and subsection designation of subsection (a) of section 1417 (42 U.S.C. 300g–6) are amended

to read as follows:

‘‘PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX

‘‘SEC. 1417. (a)’’.

(2) The section heading and subsection designation of subsection (a) of section 1426 (42 U.S.C. 300h–5) are amended

to read as follows:

‘‘REGULATION OF STATE PROGRAMS

‘‘SEC. 1426. (a)’’.

(3) The section heading and subsection designation of subsection (a) of section 1427 (42 U.S.C. 300h–6) are amended

to read as follows:

‘‘SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

‘‘SEC. 1427. (a)’’.

42 USC 201 note.

42 USC 300h–6.

42 USC 300h.

42 USC 300g–4.

42 USC 300g–1.
110 STAT. 1692 PUBLIC LAW 104–182—AUG. 6, 1996

(4) The section heading and subsection designation of subsection (a) of section 1428 (42 U.S.C. 300h–7) are amended

to read as follows:

‘‘STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS

‘‘SEC. 1428. (a)’’.

(5) The section heading and subsection designation of subsection (a) of section 1432 (42 U.S.C. 300i–1) are amended

to read as follows:

‘‘TAMPERING WITH PUBLIC WATER SYSTEMS

‘‘SEC. 1432. (a)’’.

(6) The section heading and subsection designation of subsection (a) of section 1451 (42 U.S.C. 300j–11) are amended

to read as follows:

‘‘INDIAN TRIBES

‘‘SEC. 1451. (a)’’.

(7) The section heading and first word of section 1461

(42 U.S.C. 300j–21) are amended to read as follows:

‘‘DEFINITIONS

‘‘SEC. 1461. As’’.

(8) The section heading and first word of section 1462

(42 U.S.C. 300j–22) are amended to read as follows:

‘‘RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS

‘‘SEC. 1462. For’’.

(9) The section heading and subsection designation of subsection (a) of section 1463 (42 U.S.C. 300j–23) are amended

to read as follows:

‘‘DRINKING WATER COOLERS CONTAINING LEAD

‘‘SEC. 1463. (a)’’.

(10) The section heading and subsection designation of

subsection (a) of section 1464 (42 U.S.C. 300j–24) are amended

to read as follows:

‘‘LEAD CONTAMINATION IN SCHOOL DRINKING WATER

‘‘SEC. 1464. (a)’’.

(11) The section heading and subsection designation of

subsection (a) of section 1465 (42 U.S.C. 300j–25) are amended

to read as follows:
PUBLIC LAW 104–182—AUG. 6, 1996 110 STAT. 1693

LEGISLATIVE HISTORY—S. 1316 (H.R. 3604):

HOUSE REPORTS: Nos. 104–632, Pt. 1 accompanying H.R. 3604 (Comm. on Commerce) and 104–741 (Comm. of Conference).

SENATE REPORTS: No. 104–169 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Nov. 29, considered and passed Senate.

Vol. 142 (1996): June 25, H.R. 3604 considered and passed House.

July 17, S. 1316 considered and passed House, amended, in

lieu of H.R. 3604.

Aug. 2, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Aug. 6, Presidential remarks and statement.

Æ

‘‘FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING LEAD

CONTAMINATION IN SCHOOL DRINKING WATER

‘‘SEC. 1465. (a)’’.

Approved August 6, 1996.