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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3392 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3392

  To amend the Safe Drinking Water Act to assure the safety of public 
                             water systems.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 1993

Mr. Slattery (for himself, Mr. Bliley, Mr. Rowland, Mr. Hall of Texas, 
Mr. Cooper, Mr. Paxon, Mr. Upton, Mr. Lehman, Mr. Tauzin, Mr. Pomeroy, 
Mr. Bereuter, Mr. Canady, Mr. Williams, Mr. Frank of Massachusetts, Mr. 
     Barrett of Nebraska, Mr. Barlow, Mr. McHugh, Mr. Swett, Mrs. 
   Vucanovich, Mr. Jefferson, Mr. Hunter, Mr. Grandy, and Mr. Walsh) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

                            January 26, 1994

 Additional sponsors: Mr. Smith of Iowa, Mr. Yates, Mr. Hoekstra, Mr. 
  Hall of Ohio, Mr. Ford of Tennessee, Mrs. Fowler, Mr. Pickett, Mr. 
  Lancaster, Mr. Peterson of Minnesota, Mr. Hansen, Mr. Combest, Mr. 
Clement, Mr. Ewing, Mr. Richardson, Mr. Romero-Barcelo, Mr. Bishop, Mr. 
Emerson, Mr. Darden, Mr. Montgomery, Mr. Camp, Mr. Gillmor, Ms. Danner, 
 Mr. Parker, Mr. Blute, Mr. Ballenger, Mr. Volkmer, Mr. Lightfoot, Mr. 
 Nussle, Mr. Condit, Mr. Kyl, Mr. McCurdy, Mr. Stearns, Mr. Sarpalius, 
   Mr. Johnson of Georgia, Mr. Coleman, Mr. Stenholm, Mr. Thomas of 
Wyoming, Mr. Pete Geren of Texas, Mr. Taylor of Mississippi, Mr. Skeen, 
 Mr. Bartlett of Maryland, Mr. Doolittle, Mr. Stump, Mr. Kim, Mr. Cox, 
 Mr. Dreier, Mr. Young of Alaska, Mr. McCollum, Mr. Hutto, Mr. Minge, 
Mr. Smith of Texas, Mr. Laughlin, Mr. Wilson, Mr. Regula, Mr. Solomon, 
Mr. Everett, Mr. Spence, Mr. LaRocco, Mr. Petri, Mr. Poshard, Mr. Lewis 
of California, Mr. Levy, Mr. Smith of Michigan, Mr. Allard, Mr. Duncan, 
           Mr. Mica, Mr. Coble, Mr. McInnis, and Mr. Sisisky

_______________________________________________________________________

                                 A BILL

 
  To amend the Safe Drinking Water Act to assure the safety of public 
                             water systems.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Drinking Water Act Amendments 
of 1993''.

SEC. 2. GOAL.

    Title XIV of the Public Health Service Act (the Safe Drinking Water 
Act) is amended by inserting the following before section 1401:

``SEC. 1400. GOAL.

    ``It is the goal of this Act to ensure the quality and safety of 
drinking water provided to the public by public water systems, and to 
protect the public health from the threat of disease caused by water-
borne contaminants.''.

SEC. 3. DEFINITIONS.

    Section 1402 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended as follows:
            (1) Amend paragraph (1) to read as follows:
    ``(1) The term `primary drinking water regulation' means a 
regulation which--
            ``(A) applies to public water systems;
            ``(B) specifies one or more contaminants subject to 
        regulation under section 1412;
            ``(C) specifies for each such contaminant either--
                    ``(i) a maximum contaminant level, or
                    ``(ii) a treatment technique; and
            ``(D) contains criteria and procedures to assure a supply 
        of drinking water which dependably complies with such maximum 
        contaminant levels or treatment technique; including quality 
        control and testing procedures to ensure compliance with such 
        levels or treatment technique and to ensure proper operation 
        and maintenance of the system, and requirements as to (i) the 
        minimum quality of water which may be taken into the system, 
        and (ii) siting for new facilities for public water systems.''.
            (2) Amend paragraph (4) by striking the second sentence and 
        inserting: ``Such term includes (A) any collection, treatment, 
        storage, and distribution facilities under the ownership of 
        such system and used primarily in connection with such system, 
        and (B) any collection or pretreatment storage facilities not 
        under such ownership which are used primarily in connection 
        with such system.''.
            (3) Amend paragraph (6) by inserting before the period the 
        following: ``which is of public health or welfare concern.''.
            (4) Add the following at the end thereof:
            ``(15) The term `risk reduction benefits and costs' means 
        the public health benefit achieved by changing the level of a 
        contaminant from one level to another, taking cost into 
        consideration.''.

SEC. 5. NATIONAL DRINKING WATER REGULATIONS.

    Section 1412 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended as follows:
            (1) Amend the second sentence of subsection (a)(1) to read 
        as follows: ``No such regulation shall be required to comply 
        with the standards set forth in subsection (b)(3) unless such 
        regulation is amended to establish a different maximum 
        contaminant level (or treatment technique) after the enactment 
        of the Safe Drinking Water Act Amendments of 1993.''.
            (2) In paragraph (3) strike ``, (2), or (3)'' and insert 
        ``or (2)''.
            (3) Amend subsection (b) to read as follows:
    ``(b)(1) In the case of those contaminants listed in the Advance 
Notice of Proposed Rulemaking published in volume 47, Federal Register, 
page 9352, and in volume 48, Federal Register, page 45502, for which 
national primary drinking water regulations have not been promulgated 
as of the date of enactment of the Safe Drinking Water Act Amendments 
of 1993, the Administrator shall--
            ``(A) publish maximum contaminant level goals and 
        promulgate a national primary drinking water regulation in 
        accordance with paragraph (3) for those contaminants which he 
        finds, based on data available under section 1445, occur in 
        drinking water and are of public health concern, and
            ``(B) not later than 18 months after enactment of the Safe 
        Drinking Water Act Amendments of 1993, eliminate monitoring, 
        compliance and enforcement requirements for those contaminants 
        which the Administrator finds, based on such data, do not occur 
        in drinking water at levels of public health concern.
    ``(2) Not later than 36 months after enactment of the Safe Drinking 
Water Act Amendments of 1993, and every 5 years thereafter, the 
Administrator shall promulgate maximum contaminant level goals and 
national primary drinking water regulations for new contaminants 
selected in accordance with this paragraph. The Administrator shall 
review the national drinking water occurrence data base maintained 
under section 1445. After notice and opportunity for public comment, 
the Administrator shall assess all occurrence and public health 
information available with respect to each. Based on such assessment, 
the Administrator shall determine with respect to each contaminant 
listed under section 1445 based upon occurrence and public health 
concern whether promulgation of a national primary drinking water 
regulation is or is not appropriate, or whether additional health 
effects or occurrence information is necessary before a determination 
can be made. For those contaminants the Administrator makes a 
determination that a national primary drinking water regulation is not 
appropriate, the Administrator shall also make a determination on 
continuation of monitoring under section 1445.
    ``(3) Each maximum contaminant level goal established under this 
subsection shall be set at the level at which no known or anticipated 
adverse effects on the health of persons occur and which allows an 
adequate margin of safety. Each national primary drinking water 
regulation for a contaminant for which a maximum contaminant level goal 
is established under this subsection shall specify a maximum level for 
such contaminant which is achievable by public water systems with the 
use of the best technology, treatment techniques and other means, 
taking public health risk reduction benefits and cost into 
consideration, which the Administrator finds are available, after 
examination for efficacy under field conditions, and not solely under 
laboratory conditions. In addition, the Administrator shall establish 
in each national primary drinking water regulation best technology 
treatment techniques for public water systems serving less than 1,000 
people, best technology treatment techniques for public water systems 
serving between 1,000 and 10,000 people, and best technology treatment 
techniques for public water systems serving more than 10,000 people. In 
addition to technology, watershed protection and pollution prevention 
shall be considered appropriate best technology for purposes of 
compliance with national primary drinking water regulations.
    ``(4) Notwithstanding the provisions of paragraph (3), the 
Administrator shall promulgate national primary drinking water 
regulations for radionuclides, disinfection byproducts, sulfate, and 
corrosion byproducts which will be protective of public health and take 
into account--
            ``(A) the health benefits to be achieved by reducing the 
        level of such contaminants in drinking water relative to 
        reducing the level of such contaminants in other media;
            ``(B) the availability of technology--
                    ``(i) that is effective in removing or otherwise 
                treating such contaminants under field conditions 
                reflecting a representative range of water qualities 
                (and not just under laboratory conditions), and
                    ``(ii) which does not cause significant adverse 
                impacts on--
                            ``(I) other elements of drinking water 
                        quality,
                            ``(II) other environmental media, including 
                        impacts related to disposal of treatment 
                        residuals, or
                            ``(III) the efficacy of other drinking 
                        water treatment or processes; and
            ``(C) the costs to consumers of such regulation.
    ``(5) Each national primary drinking water regulation which 
establishes a maximum contaminant level shall list the technology, 
treatment techniques, and compliance timeframes and other means which 
the Administrator finds to be available for purposes of meeting such 
maximum contaminant level, but a regulation under this subsection shall 
not require that any specified technology, treatment technique, or 
other means be used for purposes of meeting such maximum contaminant 
level.
    ``(6)(A) The Administrator is authorized to promulgate a national 
primary drinking water regulation that requires the use of a treatment 
technique in lieu of establishing a maximum contaminant level, if the 
Administrator makes a finding that it is not economically or 
technologically feasible to ascertain the level of the contaminant. In 
such case, the Administrator shall identify those treatment techniques 
which will be protective of public health and which take into account 
the factors specified in paragraphs (3) and (4) of this subsection as 
appropriate. Such regulation shall specify each treatment technique 
known to the Administrator which meets the requirements of this 
paragraph, but the Administrator may grant a variance from any 
specified treatment technique in accordance with section 1415(a)(3).
    ``(B)(i) Not later than 18 months after the enactment of the Safe 
Drinking Water Act Amendments of 1986, the Administrator shall propose 
and promulgate national primary drinking water regulations specifying 
criteria under which filtration (including coagulation and 
sedimentation, as appropriate) is required as a treatment technique for 
public water systems supplied by surface water sources. In promulgating 
such rules, the Administrator shall consider the quality of source 
waters, protection afforded by watershed management, treatment 
practices (such as disinfection and length of water storage) and other 
factors relevant to protection of health.
    ``(ii) In lieu of the provisions of section 1415 the Administrator 
shall specify procedures by which the State determines which public 
water systems within its jurisdiction shall adopt filtration under the 
criteria of clause (i). The State may require the public water system 
to provide studies or other information to assist in this 
determination. The procedures shall provide notice and opportunity for 
public hearing on this determination. If the State determines that 
filtration is required, the State shall prescribe a schedule for 
compliance by the public water system with the filtration requirement. 
The schedule shall take into account the time which is reasonably 
necessary for the public water system to plan, design, finance, and 
construct filtration facilities and adjust operating practices 
necessary to achieve compliance with the filtration requirement.
    ``(iii) Within 24 months from the time that the Administrator 
establishes the criteria and procedures under this subparagraph, a 
State with primary enforcement responsibility shall adopt any necessary 
regulations to implement this subparagraph. Within 12 months of 
adoption of such regulations the State shall make determinations 
regarding filtration for all the public water systems within its 
jurisdiction supplied by surface waters.
    ``(iv) If a State does not have primary enforcement responsibility 
for public water systems, the Administrator shall have the same 
authority to make the determination in clause (ii) in such State as the 
State would have under that clause. Any filtration requirement or 
schedule under this subparagraph shall be treated as if it were a 
requirement of a national primary drinking water regulation.
    ``(7) Not later than 48 months after the enactment of the Safe 
Drinking Water Act Amendments of 1993, the Administrator shall propose 
and promulgate national primary drinking water regulations requiring 
disinfection as a treatment technique for all public water systems. The 
Administrator shall simultaneously promulgate a rule specifying 
criteria that will be used by the Administrator (or delegated State 
authorities) to grant variances from this requirement according to the 
provisions of section 1415(a)(1)(B) and 1415(a)(3). In implementing 
section 1442(g) the Administrator or the delegated State authority 
shall, where appropriate, give special consideration to providing 
technical assistance to small public water systems in complying with 
the regulations promulgated under this paragraph.
    ``(8)(A) National primary drinking water regulations promulgated 
prior to the Safe Drinking Water Act Amendments of 1993 shall be 
reviewed not later than 30 months after enactment of such amendments. 
If the Administrator determines, based on data available under section 
1445, that any contaminant subject to regulation does not occur in 
public water systems at levels of public health concern, he shall 
eliminate monitoring, compliance and enforcement requirements from such 
contaminant regulation. Such regulations shall also be reviewed not 
later than 5 years after enactments of such amendments, and if the 
Administrator determines that a regulation is not consistent with the 
factors specified in paragraph (3) or (4) of this subsection as 
appropriate, he shall promulgate a revised regulation in accordance 
with such factors.
    ``(B) Each national primary drinking water regulation promulgated 
after the enactment of the Safe Drinking Water Act Amendments of 1993 
shall include a schedule for periodic review of such regulation. Such 
reviews shall include an analysis of new health effects and occurrence 
data, and innovations or changes in technology, treatment techniques or 
other activities that have become available since the promulgation of 
such regulation. If the Administrator determines that the contaminant 
subject to regulation no longer occurs in drinking water at levels of 
public health concern, the Administrator shall eliminate monitoring, 
compliance and enforcement requirements from such contaminant 
regulation, and if he determines that the regulation is not consistent 
with the factors specified in paragraph (3) or (4) of this subsection 
as appropriate, the Administrator shall promulgate a revised regulation 
in accordance with such factors.
    ``(9) National primary drinking water regulations promulgated under 
this subsection (and amendments thereto) shall take effect in 
accordance with schedules promulgated by the Administrator in each such 
regulation except such schedule including monitoring requirements shall 
not be less than 24 months. Such schedules shall take into account the 
time which is reasonably necessary for public water systems to plan, 
design, finance, and construct treatment facilities and adjust 
operating practices necessary to achieve compliance with the 
regulation. Regulations under subsection (a) shall be superseded by 
regulations under this subsection to the extent provided by the 
regulations under this subsection.
    ``(10) No national primary drinking water regulation may require 
the addition of any substance for preventive health care purposes 
unrelated to contamination of drinking water.''.
            (4) Amend the second sentence of subsection (e) to read as 
        follows: ``The Board shall respond, as it deems appropriate, 
        and the Administrator shall publish the findings and 
        recommendations of the Board, if any, as part of the notice of 
        proposed rulemaking.''.
            (5) Add the following at the end thereof:
    ``(f) Negotiated Rulemaking.--The Administrator may utilize 
negotiated rulemaking procedures found in the Negotiated Rulemaking Act 
(5 U.S.C. 581-590) whenever he determines it will facilitate the 
promulgation of regulations required by this section.''.

SEC. 4. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

    Section 1413 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended as follows:
            (1) Amend paragraph (1) of subsection (a) to read as 
        follows:
            ``(1) has adopted within 24 months of promulgation by the 
        Administrator, drinking water regulations which are no less 
        stringent than the national primary drinking water regulations 
        promulgated by the Administrator under sections 1412(a) and 
        1412(b);''.
            (2) Amend paragraph (4) of subsection (a) to read as 
        follows:
            ``(4) If it permits variances from the requirements of its 
        drinking water regulations which meet the requirements of 
        paragraph (1), permits such variances under conditions and in a 
        matter which is not less stringent than the conditions under, 
        and the manner in, which variances may be granted under section 
        1415; and''.

SEC. 6. ENFORCEMENT OF DRINKING WATER REGULATIONS.

    Section 1414 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended as follows:
            (1) Strike ``or an exemption under 1416'' in each place it 
        appears.
            (2) Strike ``or an exemption under section 1416(f) in each 
        place it appears.
            (3) In subsection (b) strike ``or exemption'' and strike 
        ``or 1416''.
            (4) Amend so much of subsection (c) as follows paragraph 
        (1) to read as follows:
            ``(2) if the public water system is subject to a variance 
        granted under section 1415(a)(1)(A) or 1415(a)(2) for an 
        inability to meet a maximum contaminant level requirement--
                    ``(A) the existence of such variance, and
                    ``(B) any failure to comply with the requirements 
                of any schedule prescribed pursuant to the variance.
The Administrator shall by regulation prescribe the frequency for 
giving notice under this subsection. Within 15 months after the 
enactment of the Safe Drinking Water Act Amendments of 1993, the 
Administrator shall amend such regulations to provide for different 
types and frequencies of notice based on the seriousness of any 
potential adverse health effects which may be involved. Notice of any 
violation designated by the Administrator as posing a serious potential 
adverse health effect shall be given as soon as possible, but in no 
case later than 14 days after the violation. Notice of violations 
judged to be less serious shall be given no less frequently than 
annually. The Administrator shall provide guidance as to the form, 
manner and content of notice to be used to provide information as 
promptly and effectively as possible taking into account both the 
seriousness of any potential adverse health effects and the likelihood 
of reaching all affected persons. States, in consultation with public 
water systems, shall determine the actual form, manner, and content of 
such notices. The Administrator may also require the owner or operator 
of a public water system to give notice to the persons served by it of 
contaminant levels of any unregulated contaminant required to be 
monitored under section 1445(a). Any person who violates this 
subsection or regulations issued under this subsection shall be subject 
to a civil penalty of not to exceed $25,000.''.
            (5) In subsection (f)(2) strike ``or exemption''.

SEC. 7. VARIANCES.

    Section 1415 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended to read as follows:

``SEC. 1415. VARIANCES.

    ``Notwithstanding any other provision of this part, variances from 
national primary drinking water regulations may be granted as follows:
            ``(1) A State which has primary enforcement responsibility 
        for public water systems may grant one or more variances from 
        an applicable national primary drinking water regulation to one 
        or more public water systems within its jurisdiction.
            ``(2) A variance may only be issued if the State has 
        determined that the water system cannot afford to install the 
        BAT or other technology that has been identified by the 
        Administrator as appropriate for the system size category to 
        meet the maximum contaminant level, and if it is not feasible 
        for the water system to connect with another source of water 
        that will meet the standards. If the State determines that a 
        water system is unable to comply with a designated BAT, the 
        system will be required to comply with a best available 
        affordable technology (BAAT) as designed by the Environmental 
        Protection Agency. Such measures may include, but not be 
        limited to, requirements for public education and notification, 
        and use of alternative technologies that, while they cannot 
        bring the contaminant level below the maximum contaminant 
        level, will not result in an unreasonable risk to health.
            ``(3) After a variance is issued, it shall be reviewed by 
        the State every 3 years to determine if the conditions for 
        granting the variance still exist. It shall be the 
        responsibility of the water system to provide documentation to 
        the State indicating that current BAT for the system size is 
        still unaffordable and the system is still unable to connect 
        with another source of water that meets the standards.
            ``(4) Before a determination to grant a variance is made by 
        the State, the State shall provide notice and opportunity for a 
        public hearing on the determination. Each State that grants a 
        variance shall promptly notify the Administrator of the 
        granting of such variance. Such notification shall include the 
        reasons for the variance and the documentation used to grant 
        the variance.
            ``(5) The Administrator, in consultation with the States 
        shall develop affordability guidance within 18 months of 
        enactment of the Safe Drinking Water Act Amendments of 1993. 
        Such affordability criteria will be reviewed by the 
        Administrator and States every 5 years to determine if changes 
        are needed to the criteria.''.

SEC. 8. EXEMPTIONS.

    Section 1416 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is repealed.

SEC. 9. RETURN OF WATER.

    Title XIV of the Public Health Service Act (the Safe Drinking Water 
Act) is amended by adding the following after section 1417:

``SEC. 1418. PROHIBITION ON THE RETURN OF WATER TO PUBLIC WATER 
              SYSTEMS.

    ``(a) In General.--
            ``(1) Prohibition.--Other provisions of law 
        notwithstanding, except as provided in paragraph (2), no 
        treated drinking water may be removed from a public water 
        system used for any purpose or routed through any device or 
        pipes outside the public water system, and returned to the 
        public water system.
            ``(2) Exceptions.--The prohibition in paragraph (1) shall 
        not apply to pipes and devices totally within the control of 
        one or more public water systems or to connections between 
        water mains.
    ``(b) State Enforcement.--The requirements of subsection (a) shall 
be enforced in all States effective 24 months after enactment of this 
section. States shall enforce such requirements through State or local 
plumbing codes, or such other means of enforcement as the State may 
determine to be appropriate.''.

SEC. 10. TAMPERING.

    Section 1432 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended by striking subsection (d) and 
inserting:
    ``(d) Definition of Tamper.--For purposes of this section, the term 
`tamper' means--
            ``(1) to introduce a contaminant into a public water system 
        with the intention of harming persons;
            ``(2) to otherwise interfere with the operation of a public 
        water system with the intention of harming persons; or
            ``(3) to inject water that has gone out of a public water 
        system, back into such system in violation of section 1418.''.

SEC. 11. RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, AND TRAINING OF 
              PERSONNEL.

    Section 1442 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended as follows:
            (1) In subsection (a)(1) strike ``may'' and insert 
        ``shall''.
            (2) Before the period at the end of subsection (a)(2) 
        insert: ``and for other purposes, including
                    ``(i) the development and dissemination of advisory 
                measures to protect against contaminants which have not 
                been found to occur in drinking water at levels of 
                public health concern;
                    ``(ii) assistance in achieving compliance with the 
                public notification requirements of section 1414(c), 
                and
                    ``(iii) the development and dissemination of 
                minimum guidance for the certification of laboratories 
                that perform drinking water analyses, and for the 
                certification of individuals who operate public water 
                systems, for use by the States in ensuring the validity 
                of monitoring reports by regulations issued under 
                section 1445, and the competence of system 
                operators.''.
            (3) Amend subsection (f) to read as follows:
    ``(f)(1) There are authorized to be appropriated to carry out the 
provisions of this section, other than subsections (a)(1) and (a)(2)(B) 
and provisions relating to research, $15,000,000 for the fiscal year 
ending June 30, 1975; $25,000,000 for the fiscal year ending June 30, 
1976; $35,000,000 for the fiscal year ending June 30, 1977, $17,000,000 
for each of the fiscal years 1978 and 1979; $21,405,000 for the fiscal 
year ending September 30, 1980; $30,000,000 for the fiscal year ending 
September 30, 1981, $35,000,000 for the fiscal year ending September 
30, 1982.
    ``(2) There are authorized to be appropriated to carry out the 
provisions of subsection (a)(1) not more than the following amounts:

``Fiscal Year                                                    Amount
    1994..........................................          $20,000,000
    1995..........................................           20,000,000
    1996..........................................           20,000,000
    1997..........................................           20,000,000
    1998..........................................          20,000,000.
    ``(3) There are authorized to be appropriated to carry out 
subsection (a)(2)(B) $8,000,000 for each of the fiscal years 1978 
through 1982. There are authorized to be appropriated to carry out 
subsection (a)(2)(B) not more than the following amounts:

``Fiscal Year                                                    Amount
    1987..........................................           $7,650,000
    1988..........................................            7,650,000
    1989..........................................            8,050,000
    1990..........................................            8,050,000
    1991..........................................           8,050,000.
    ``(4) There are authorized to be appropriated to carry out the 
provisions of this section (other than subsection (g), subsection 
(a)(1), subsection (a)(2)(B), and provisions relating to research), not 
more than the following amounts:

``Fiscal Year                                                    Amount
        1987.........................................       $35,600,000
        1988.........................................        35,600,000
        1989.........................................        38,020,000
        1990.........................................        38,020,000
        1991.........................................    38,020,000.''.

SEC. 12. GRANTS FOR STATE PROGRAMS.

    Section 1443 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended as follows:
            (1) Amend the table in subsection (a)(7) to read as 
        follows:

``Fiscal Year                                                  Amount  
        1987.........................................       $37,200,000
        1988.........................................        37,200,000
        1989.........................................        40,150,000
        1990.........................................        40,150,000
        1991.........................................        40,150,000
        1994.........................................       100,000,000
        1995.........................................       125,000,000
        1996.........................................       150,000,000
        1997.........................................       150,000,000
        1998.........................................   150,000,000.''.
            (2) Amend paragraph (1) of subsection (c) by striking ``and 
        exemptions'' in both places it appears and by striking ``and 
        1416''.

SEC. 13. RECORDS, OCCURRENCE DATA, AND INSPECTIONS.

    Section 1445 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended to read as follows:

``SEC. 1445. RECORDS, OCCURRENCE DATA, AND INSPECTIONS.

    ``(a) In General.--(1) Every person who is a supplier of water, who 
is or may be otherwise subject to a primary drinking water regulation 
prescribed under section 1412 or to an applicable underground injection 
control program (as defined in section 1422(c)), who is or may be 
subject to the permit requirement of section 1424 or to an order issued 
under section 1441, or who is a grantee, 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 him 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 
contaminant, 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. Compliance monitoring 
regulations promulgated under this paragraph shall permit the States 
with primary enforcement responsibility under section 1413 to tailor 
monitoring requirements for any individual public water system, or 
class of systems, based on occurrence data and other information 
concerning such system or class which is available to the State.
    ``(2) Not later than 18 months after enactment of the Safe Drinking 
Water Act Amendments of 1993, the Administrator shall promulgate 
regulations specifying a monitoring program for unregulated 
contaminants. The regulations shall require monitoring of drinking 
water supplied by the system and shall vary the frequency and schedule 
of monitoring requirements for systems based on the number of persons 
served by the system, the source of supply, and the contaminants likely 
to be found. Each system required to monitor shall conduct such 
monitoring at least once every 5 years after the effective date of the 
Administrator's regulations unless the Administrator requires more 
frequent monitoring.
    ``(3) Not later than 18 months after enactment of the Safe Drinking 
Water Act Amendments of 1993 and every 5 years thereafter, the 
Administrator shall promulgate revised regulations under paragraph (2) 
listing not more than 30 unregulated contaminants to be monitored by 
public water systems and included in the national drinking water 
occurrence data base maintained pursuant to subsection (b) of this 
section. Public water system serving 10,000 or more people shall 
monitor for all listed contaminants. In addition, each State shall 
develop a representative monitoring plan to assess the occurrence of 
unregulated contaminants in systems serving fewer than 10,000 people, 
which plan shall require monitoring by systems representatives of 
different sizes, types and geographic locations within the State. 
Environmental Protection Agency shall make available to the States, on 
request, laboratory capacity to analyze samples taken pursuant to the 
plan.
    ``(4) Public water systems conducting monitoring of unregulated 
contaminants pursuant to this section shall provide the results of such 
monitoring to the primary enforcement authority.
    ``(5) Notification of the availability of the results of the 
monitoring programs required under paragraph (2), and notification of 
the availability of the results of the monitoring program referred to 
in paragraph (6), shall be given to the persons served by the system 
and the Administrator.
    ``(6) The Administrator may waive the monitoring requirement under 
paragraph (2) for a system which has conducted a monitoring program 
after January 1, 1983, if the Administrator determines the program to 
have been consistent with the regulations promulgated under this 
section.
    ``(7) Any system supplying less than 150 service connections shall 
be treated as complying with this subsection if such system provides 
water samples or the opportunity for sampling according to rules 
established by the Administrator.
    ``(8) There are authorized to be appropriated $30,000,000 in the 
fiscal year ending September 30, 1987, to remain available until 
expended to carry out the provisions of this subsection.
    ``(b) Occurrence Data Base.--Not later than 24 months after 
enactment of the Safe Drinking Water Act Amendments of 1993, the 
Administrator shall assemble and maintain a national drinking water 
occurrence data base, using information on the occurrence of both 
regulated and unregulated contaminants in public water supply systems 
obtained under subsection (a) of this section, and information from 
other public and private sources. Such data shall be used by the 
Administrator in making any determination under section 1412 with 
respect to the occurrence of any contaminant in drinking water at 
levels of public health concern. The Administrator shall periodically 
solicit recommendation from the National Academy of Sciences and any 
person may petition the Administrator with respect to contaminants that 
should be included in the national drinking water occurrence data base, 
including recommendations with respect to additional unregulated 
contaminants which should be listed in regulations promulgated under 
paragraph (3) of subsection (a) of this section.
    ``(c) Entry and Inspection.--(1) Except as provided in paragraph 
(2), the Administrator, or a representative of the Administrator duly 
designated by him, upon presenting appropriate credentials and a 
written notice to any supplier of water or other person subject to (A) 
a national primary drinking water regulation prescribed under section 
1412, (B) and applicable underground injection control program, or (C) 
any requirement to monitor an unregulated contaminant pursuant to 
subsection (a), or person in charge of any of the property of such 
supplier or other person referred to in clause (A), (B), or (C), is 
authorized to enter any establishment, facility, or other property of 
such supplier or other person in order to determine whether such 
supplier or other person has acted or is acting in compliance with this 
title, including for this purpose, inspection, at reasonable times, of 
records, files, papers, processes, controls, and facilities, or in 
order to test any feature of a public water system, including its raw 
water source. The Administrator or the Comptroller General (or any 
representative designated by either) shall have access for the purpose 
or audit and examination to any records, reports, or information of a 
grantee which are required to be maintained under subsection (a) or 
which are pertinent to any financial assistance under this title.
    ``(2) No entry may be made under the first sentence of paragraph 
(1) in an establishment, facility, or other property of a supplier of 
water or other person subject to a national primary drinking water 
regulation if the establishment, facility, or other property is located 
in a State which has primary enforcement responsibility for public 
water systems unless, before written notice of such entry is made, the 
Administrator (or his representative) notifies the State agency charged 
with responsibility for safe drinking water of the reasons for such 
entry. The Administrator shall, upon a showing by the State agency that 
such an entry will be detrimental to the administration of the State's 
program of primary enforcement responsibility, take such showing into 
consideration in determining whether to make such entry. No State 
agency which receives notice under this paragraph of an entry proposed 
to be made under paragraph (1) may use the information contained in the 
notice to inform the person whose property is proposed to be entered of 
the proposed entry; and if a State agency so uses such information, 
notice to the agency under this paragraph is not required until such 
time as the Administrator determines the agency has provided the 
Administrator with satisfactory assurances that it will no longer so 
use information contained in a notice under this paragraph.
    ``(d) Penalty.--Whoever fails or refuses to comply with any 
requirement of subsection (a) or to allow the Administrator, the 
Comptroller General, or representatives of either, to enter and conduct 
any audit or inspection authorized by subsection (b) shall be subject 
to a civil penalty of not to exceed $25,000.
    ``(e) Trade Secrets.--(1) Subject to paragraph (2), upon a showing 
satisfactory to the Administrator by any person that any information 
required under this section from such person, if made public, would 
divulge trade secrets or secret processes of such person, the 
Administrator shall consider such information confidential in 
accordance with the purposes of section 1905 of title 18, of the United 
States Code. If the applicant fails to make a showing satisfactory to 
the Administrator, the Administrator shall give such applicant 30 days 
notice before releasing the information to which the application 
relates (unless the public health or safety requires an earlier release 
of such information).
    ``(2) Any information required under this section (A) may be 
disclosed to other officers, employees, or authorized representatives 
of the United States concerned with carrying out this title or to 
committees of the Congress, or when relevant in any proceeding under 
this title and (B) shall be disclosed to the extent it deals with the 
level of contaminants in drinking water. For purposes of this 
subsection the term `information required under this section' means any 
papers, books, documents, or information, or any particular part 
thereof, reported to or otherwise obtained by the Administrator under 
this section.
    ``(f) Definition of Grantee.--For purposes of this section, (1) the 
term `grantee' means any person who applies for or receives financial 
assistance, by grant, contract, or loan guarantee under this title, and 
(2) the term `person' includes a Federal agency.''.

SEC. 14. JUDICIAL REVIEW.

    Section 1448 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended by striking out ``or exemption'' 
each place it appears and by striking out ``or 1416''.

SEC. 15. CITIZENS CIVIL ACTION.

    Section 1449 of title XIV of the Public Health Service Act (the 
Safe Drinking Water Act) is amended as follows:
            (1) Strike the period at the end of subsection (b)(1)(B) 
        and insert ``; or'' and add the following:
                    ``(C) against a public water system which is 
                operating under the terms of an--
                            ``(i) administrative compliance order,
                            ``(ii) administrative consent agreement, or
                            ``(iii) judicial consent decree, and
                is in compliance with the terms of such order, 
                agreement or decree; or''.
            (2) Strike ``or 1416'' and ``or exemption'' in subsection 
        (b)(2).

                                 <all>

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HR 3392 SC----3
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