```

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

                                                 Union Calendar No. 412

103d CONGRESS

  2d Session

                               H. R. 3392

                      [Report No. 103-745, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 26, 1994

    Committees on Science, Space, and Technology and the Judiciary 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed

                                                 Union Calendar No. 412
103d CONGRESS
  2d Session
                                H. R. 3392

                      [Report No. 103-745, Part I]

  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

                           September 23, 1994

Reported with an amendment; referred to the following committees for a 
 period ending not later than September 26, 1994: to the Committee on 
  Science, Space, and Technology for consideration of such provisions 
contained in the bill and amendment as fall within the jurisdiction of 
that committee pursuant to clause 1(r), rule X; and to the Committee on 
the Judiciary for consideration of such portions of sections 15 and 17 
of the amendment recommended by the Committee on Energy and Commerce as 
fall within the jurisdiction of that committee pursuant to clause 1(1), 
                                rule X.
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 26, 1994

 Additional sponsors: Mr. Hastert, Mr. Bunning, Mr. Edwards of Texas, 
    Mr. Andrews of New Jersey, Mr. Barton of Texas, Mr. Dooley, Mr. 
Kopetski, Mr. Baker of California, Mr. Inhofe, Mr. Leach, Mr. Goodling, 
  Mr. Manzullo, Mr. Calvert, Mr. Zeliff, Mr. McKeon, Mr. Gordon, Mr. 
  Oxley, Ms. Long, Mr. Roth, Mr. Collins of Georgia, Mr. Tejeda, Mr. 
  Kreidler, Mr. Knollenberg, Mr. Penny, Mr. Kingston, Mr. Peterson of 
Florida, Mr. Quinn, Mr. Burton of Indiana, Mr. Swift, Mr. Clyburn, Mr. 
 Spratt, Mr. Brewster, Mr. Deal, Ms. Pryce of Ohio, Mr. Ackerman, Mr. 
   Ramstad, Mr. Sensenbrenner, Mr. Mazzoli, Mr. Wolf, Mr. Ortiz, Mr. 
  Schiff, Mr. Cunningham, Mr. McCandless, Mr. Jacobs, Mr. Royce, Mr. 
Inglis of South Carolina, Mr. Istook, Mr. Boehner, Mr. Rose, Mr. Orton, 
    Mr. Herger, Mr. Lewis of Florida, Mr. Dornan, Mr. Browder, Mrs. 
   Thurman, Mr. Dicks, Mr. Traficant, Mr. Gallegly, Mr. Dickey, Ms. 
 Kaptur, Mr. Rohrabacher, Mr. Hutchinson, Mr. Johnson of South Dakota, 
 Mr. Taylor of North Carolina, Mr. Thomas of California, Mr. Ravenel, 
Mr. Talent, Mr. Archer, Mr. Crane, Mr. Crapo, Mr. Myers of Indiana, Mr. 
   Gene Green of Texas, Mr. Boucher, Mr. Baesler, Mr. McMillan, Mr. 
Hobson, Mr. Gingrich, Mr. Kolbe, Mr. Bonilla, Mr. Horn, Mr. Rogers, Mr. 
Sam Johnson of Texas, Mr. Sundquist, Mr. Bateman, Mr. Smith of Oregon, 
   Mr. Roberts, Mr. Goss, Mr. Armey, Mr. Whitten, Mr. Goodlatte, Mr. 
 Hamilton, Mr. Fields of Texas, Mr. Schaefer, Mr. Linder, Mr. McCrery, 
Mr. Tanner, Mr. Valentine, Mr. Wise, Mr. Inslee, Mr. Lucas, Mr. Walker, 
Mr. Clinger, Mr. Gekas, Mr. Borski, Mr. Grams, Mr. Hyde, Mrs. Clayton, 
                        Mr. Gallo, and Ms. Snowe

                           September 26, 1994

    Committees on Science, Space, and Technology and the Judiciary 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October 
                               27, 1993]

_______________________________________________________________________

                                 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 1994''.

SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.

    (a) Reference 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 a section or 
other provision of title XIV of the Public Health Service Act (the Safe 
Drinking Water Act) (42 U.S.C. 300f and following).
    (b) Effective Date.--Except as otherwise specified in this Act or 
in the amendments made by this Act, the amendments made by this Act 
shall take effect on the date of enactment of this Act.
    (c) Disclaimer.--Nothing in this Act or in any amendments made by 
this Act to title XIV of the Public Health Service Act (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 the Safe Drinking Water Act separately from 
funding and staffing for the Federal Water Pollution Control Act.

SEC. 3. NATIONAL DRINKING WATER REGULATIONS.

    (a) New Contaminant Selection.--Section 1412(b)(3) is amended to 
read as follows:
    ``(3) Regulation of Unregulated Contaminants.--
            ``(A) Proposed lists.--(i) Within 1 year after the 
        enactment of the Safe Drinking Water Act Amendments of 1994, 
        the Administrator, after consultation with the scientific 
        community, including the Science Advisory Board, shall select 
        and publish a proposed list of not fewer than 15 contaminants 
        which are known or anticipated to occur in public water 
        systems, which are not subject to any proposed or promulgated 
        national primary drinking water regulation, and which may 
        require regulation under this title.
            ``(ii) Within 5 years after the enactment of the Safe 
        Drinking Water Act Amendments of 1994 and every 4 years 
        thereafter, the Administrator, after consultation with the 
        scientific community, including the Science Advisory Board, and 
        after considering the occurrence data base established under 
        section 1445(g), shall (in addition to the contaminants listed 
        under clause (i)) select and publish a proposed list of not 
        fewer than 12 contaminants which 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.
            ``(iii) If, after the year 2010, the Administrator 
        determines that the number of unregulated contaminants meeting 
        the criteria for the list under clause (ii) is fewer than 12, 
        the Administrator may, by rule, waive the requirement to select 
        at least 12 contaminants every 4 years under that clause. At 
        any time after such rule is promulgated, the Administrator may, 
        after consultation with the scientific community, including the 
        Science Advisory Board and after considering the occurrence 
        data base established under section 1445(g), select a proposed 
        list of 1 or more contaminants (in addition to the contaminants 
        listed under clause (i) or (ii)) which are known or anticipated 
        to occur in public water systems, which are not subject to any 
        proposed or promulgated national primary drinking water 
        regulation, and which may require regulation under this title.
            ``(iv) In selecting unregulated contaminants for the 
        proposed lists referred to in this paragraph, 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 pregnant woman and children) that are identifiable as 
        being at greater health risk than the general population, based 
        on adequate scientific information. The unregulated 
        contaminants considered for such proposed lists 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.
            ``(v) The Administrator's decision whether or not to select 
        an unregulated contaminant for a proposed list pursuant to this 
        paragraph shall not be subject to judicial review.
            ``(B) Final list.--Each proposed list established in 
        subparagraph (A) shall be subject to public comment for a 
        period of at least 60 days. Within 6 months after the close of 
        the public comment period, and not later than 1 year after the 
        proposed list is published, the Administrator shall publish in 
        the Federal Register the final list of contaminants meeting the 
        requirements of subparagraph (A), together with responses to 
        significant comments. Each final list shall include at least 
        the minimum number of contaminants specified in subparagraph 
        (A).
            ``(C) Determination to regulate.--At any time after the 
        final list of contaminants established under subparagraph (B) 
        is published, but not later than 30 months thereafter, the 
        Administrator shall determine, by rule, whether or not to 
        regulate each of the contaminants on such final list. The 
        Administrator, after notice in the Federal Register, may extend 
        the period for making such determination for any or all of the 
        contaminants on the list for up to 9 months. The Administrator 
        shall allow at least 90 days for public comment prior to making 
        a determination under this subparagraph. A determination to 
        regulate a contaminant shall be based on the following three 
        findings:
                    ``(i) A finding that the contaminant is known to 
                occur in public water systems.
                    ``(ii) A finding that, based on the best available 
                public health information, the contaminant occurs in 
                concentrations which have or may have any adverse 
                effect on the health of persons.
                    ``(iii) A finding that regulation of such 
                contaminant presents a meaningful opportunity for 
                public health risk reduction for persons served by 
                public water systems.
        The Administrator may regulate a contaminant that does not 
        appear on a list published under subparagraph (A) or (B) if the 
        determination to regulate is pursuant to this subparagraph.
            ``(D) Regulation.--For each contaminant under subparagraph 
        (C) that the Administrator determines shall be regulated, the 
        Administrator shall promulgate, by rule, maximum contaminant 
        level goals and national primary drinking water regulations as 
        provided in paragraphs (4) and (5) of this subsection. The 
        Administrator shall propose the maximum contaminant level goal 
        and national primary drinking water regulation not later than 
        18 months after the determination to regulate under 
        subparagraph (C), and may publish such proposed regulation 
        concurrent with the determination to regulate. The 
        Administrator shall allow at least 90 days for public comment 
        on any such proposed goal and proposed regulation. The 
        Administrator shall promulgate a maximum contaminant level goal 
        and national primary drinking water regulation within 18 months 
        after the proposal thereof. The Administrator, by notice in the 
        Federal Register, may extend the deadline for such promulgation 
        for up to 9 months.
            ``(E) Health advisories.--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.
            ``(F) Study of health effects.--As part of the 
        Administrator's study, under existing authorities of the 
        Administrator, of the health effects of contaminants for 
        regulatory purposes, the Administrator shall examine, among 
        other health related issues, methods for identifying 
        subpopulations that may be impacted by contaminants and the 
        extent and nature of such impacts, taking into consideration 
        other risks to such subpopulations. There are authorized to be 
        appropriated such sums as may be necessary for the 
        Administrator to examine the health effects of drinking water 
        contaminants for such regulatory purposes.
            ``(G) Cryptosporidium.--(i) Not later than December 31, 
        1996, the Administrator shall publish a maximum contaminant 
        level goal and promulgate an interim national primary drinking 
        water regulation for cryptosporidium for public water systems 
        serving 10,000 persons of more. Such regulation shall take 
        effect not later than 24 months after the date of promulgation.
            ``(ii) Not later than December 31, 1998, the Administrator 
        shall promulgate a national primary drinking water regulation 
        for cryptosporidium. Such regulation shall take effect, for 
        public water systems of all sizes, not later than 24 months 
        after the date of promulgation.
Each date for publication and promulgation specified in clause (i) and 
(ii) may be delayed by up to 6 months if the Administrator determines 
that such additional time is necessary to review information under the 
Administrator's information collection rule.''.
    (b) Limited Alternative to Filtration Requirements.--Section 
1412(b)(7)(C) is amended by adding at the end the following:
    ``(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 establish, on a 
case-by-case basis and after notice and an opportunity of at least 90 
days for public comment, alternatives to filtration requirements in 
effect on such date of enactment, in the case of systems having 
uninhabited, undeveloped watersheds in consolidated ownership, and 
having control over access to, and activities in, those watersheds if 
(taking into consideration the effects of wildlife in such watersheds) 
the State determines (and the Administrator concurs) that the public 
health will be fully protected by such alternatives consistent with the 
requirements of this title. The authority of a State to establish 
alternatives under this clause shall expire 3 years after the enactment 
of the Safe Drinking Water Act Amendments of 1994.''.
    (c) Compliance Dates.--Section 1412(b) is amended by striking the 
first sentence in paragraph (10) and by adding the following at the end 
thereof:
    ``(12) Within 24 months after the promulgation of a national 
primary drinking water regulation under this subsection, each State 
exercising primary enforcement responsibility for public water systems 
shall adopt corresponding State regulations under section 1413(a)(1). 
The Administrator shall specify the date upon which public water 
systems must comply with each national primary drinking water 
regulation promulgated under this subsection. Such compliance date may 
not be more than 36 months after the date of promulgation, except that 
if the Administrator determines that additional time is necessary for 
capital improvements required to meet the national primary drinking 
water regulations, the Administrator may establish a later compliance 
date. Such later date shall not be later than 48 months after the date 
of promulgation (or 60 months in the case of systems serving fewer than 
3,300 persons). Each State with primary enforcement responsibility may 
determine a public water system's eligibility for any extension beyond 
36 months. Nothing in this paragraph shall limit the discretion of the 
Administrator to differentiate among the compliance dates on the basis 
of system size or other factors considered appropriate by the 
Administrator, or to establish interim compliance milestones.''.

SEC. 4. STANDARD SETTING.

    Section 1412 is amended as follows:
            (1) The second sentence of subsection (b)(4) is amended by 
        inserting before the period the following: ``or a treatment 
        technique established pursuant to paragraph (7)(A) of this 
        subsection''.
            (2) Subsection (b)(5) is amended as follows:
                    (A) In the first sentence, strike ``feasible'' 
                after ``means'' and insert ``achievable''; and after 
                ``technology'' strike ``, treatment techniques and'' 
                and insert ``or''.
                    (B) Insert ``(A)'' after ``(5)'' and add the 
                following at the end thereof:
    ``(B) For purposes of taking costs into consideration pursuant to 
the first sentence of subparagraph (A) of this paragraph, in the case 
of any national primary drinking water regulation proposed and 
promulgated after enactment of the Safe Drinking Water Act Amendments 
of 1994 (other than a national primary drinking water regulation 
covered by subparagraph (C) or (D)), the Administrator shall consider 
(in the case of nonthreshold contaminants) and may consider (in the 
case of threshold contaminants) both the incremental compliance costs 
likely to be incurred and the incremental public health risk reduction 
benefits afforded by alternative levels. The terms `costs' and 
`benefits', as used in this subparagraph--
            ``(i) shall include additional and identifiable reductions, 
        if any, of regulated contaminants not covered by such proposed 
        or promulgated regulation that are expected to be achieved 
        solely from the use of the applicable technology or 
        technologies that form the basis for such regulation, and
            ``(ii) shall include consideration of the effects of such 
        contaminants upon subgroups that comprise a meaningful portion 
        of the general population, such as pregnant women and children, 
        that are identifiable as being at greater health risk than the 
        general population based on adequate scientific information.
    ``(C) Subparagraph (B) shall not take effect with respect to the 
first promulgation after the date of enactment of the Safe Drinking 
Water Act Amendments of 1994, or with respect to the initial revision 
after such date, of a national primary drinking water regulation for 
the following:
            ``(i) Contaminants covered by the proposed national primary 
        drinking water regulation for radionuclides as set forth in 56 
        Federal Register 33050, July 19, 1991.
            ``(ii) Sulfate.
            ``(iii) Contaminants covered by the proposed negotiated 
        rules on (I) disinfectants and disinfection by-products as set 
        forth in 59 Federal Register 38668, July 29, 1994, and (II) 
        enhanced surface water treatment as set forth in 59 Federal 
        Register 38832, July 29, 1994. Subparagraph (B) shall also not 
        take effect with respect to the promulgation of a second stage 
        regulation for contaminants covered by the proposed negotiated 
        rules referred to in clause (iii).
Any subsequent revision of any such regulation shall be subject to the 
provisions of subparagraph (D).
    ``(D) In the case of any national primary drinking water regulation 
for a contaminant regulated prior to enactment of the Safe Drinking 
Water Act Amendments of 1994, or any subsequent revision of a national 
primary drinking water regulation established in accordance with 
subparagraph (C), subparagraph (B) shall apply to any proposal to amend 
such national primary drinking water regulation only if a review 
required pursuant to paragraph (9) results in findings by the 
Administrator, published in the Federal Register, that changes in 
technology, treatment techniques, or other means permit greater 
protection of the health of persons. If the Administrator promulgates 
such regulation in accordance with subparagraph (B), such regulation 
must provide for greater protection of the health of persons. If the 
Administrator does not promulgate a regulation in accordance with 
subparagraph (B) because such greater protection of the health of 
persons is not achievable, the Administrator may initiate a new 
rulemaking under subparagraph (A) or retain the existing national 
primary drinking water regulations.
    ``(E) Any subsequent revision of a national primary drinking water 
regulation for contaminants regulated in accordance with subparagraph 
(C) or (D) (where such revision is pursuant to the standard setting 
language of subparagraph (B)) shall, at a minimum, provide greater 
protection of the health of persons than the regulation in effect on 
the date of enactment of the Safe Drinking Water Act Amendments of 1994 
for such contaminant or, in the case of contaminants subject to 
subparagraph (C), than the regulation promulgated under subparagraph 
(C). If the Administrator does not promulgate such regulation in 
accordance with subparagraph (B) because such greater protection is not 
achievable, the Administrator may initiate a new rulemaking pursuant to 
subparagraph (A) or retain the existing national primary drinking water 
regulations.
    ``(F) In the absence of scientific evidence suggesting new or more 
serious health effects than existing on the date of enactment of the 
Safe Drinking Water Act Amendments of 1994, for purposes of proposal 
and promulgation after such date of a national primary drinking water 
regulation for sulfate, the Administrator shall include--
            ``(i) best technology or other means under subsection 
        (b)(5), and
            ``(ii) public notification and options for provision of 
        alternative water to populations at risk as alternative means 
        for complying with such regulation.
Such proposal shall be made within 6 months after such date of 
enactment and such rule shall be promulgated within 2 years after such 
date of enactment.
    ``(G)(i) Except as provided in clause (ii), notwithstanding any 
provision of any law enacted prior to the enactment of the Safe 
Drinking Water Act Amendments of 1994, within 6 months of such date of 
enactment, the Administrator shall promulgate a national primary 
drinking water regulation for radon.
    ``(ii) For the period of 5 years from the date of promulgation of 
the regulation under clause (i) or from the end of the 6-month period 
referred to in such clause, whichever comes first, such regulation 
shall provide that public water systems may comply with an alternative 
maximum contaminant level of 1000 picocuries per liter. If the Congress 
enacts legislation which reauthorizes the Indoor Radon Abatement Act in 
the 103d or 104th Congress, such alternative maximum contaminant level 
shall thereafter be deemed to be the applicable maximum contaminant 
level for purposes of such regulation.''.
            (3) In the first sentence of subsection (b)(7)(A), strike 
        the word ``ascertain'' and insert ``measure''.
            (4) In subsection (b)(9) strike ``3-year'' and insert ``5-
        year''. No change to section 1412(b)(9) made by this Act shall 
        be a basis for delaying the promulgation of any rule proposal 
        pursuant to section 1412(b)(9) prior to the date of the 
        enactment of this Act.
            (5) Add the following new subsection at the end thereof:
    ``(f) Methodologies; Risk Assessment.--(1) The Administrator, in 
carrying out the provisions of this title, is expected, consistent with 
the intent of Congress, to use at all times sound, unbiased, and 
objective scientific practices and methodologies. The Administrator, in 
carrying out the Administrator's responsibilities under this title, 
shall ensure that the presentation of information on significant health 
risks is unbiased and informative.
    ``(2) To the extent feasible, documents made available to the 
general public which describe the degree of risk from exposure shall, 
at a minimum, characterize the population or populations, (including 
any identifiable subpopulations, as referred to in section 
1412(b)(5)(B)(ii), at greater risk than the general population) 
addressed by any agency risk estimates; state the expected risk for the 
specific population; and state the reasonable range or other equivalent 
description of uncertainty in the assessment process.''.

SEC. 5. SMALL SYSTEM TECHNOLOGY.

    Section 1412(b)(6) is amended to read as follows:
    ``(6)(A) For purposes of this section and section 1415, at the time 
the Administrator proposes and promulgates a national primary drinking 
water regulation establishing a maximum contaminant level for any 
contaminant, the Administrator shall propose and promulgate a listing 
of the best technology or other means available for achieving 
compliance with such regulation for large public water systems, and a 
listing of the best technology or other means, if any, available for 
achieving compliance with such regulation for public water systems in 
each of the following categories:
            ``(i) Systems serving fewer than 10,000 persons but not 
        fewer than 3,300 persons.
            ``(ii) Systems serving 3,300 persons or fewer.
In proposing and promulgating lists for systems described in clauses 
(i) and (ii), the Administrator shall consider cost variations 
associated with system size.
    ``(B) For purposes of this section and section 1415, at the time 
the Administrator proposes and promulgates a national primary drinking 
water regulation establishing a treatment technique for any 
contaminant, the Administrator shall propose and promulgate, for large 
public water systems, and for systems in the size ranges referred to in 
clause (i) and (ii) of subparagraph (A), a listing of the best 
technology or other means, if any, available for achieving a level of 
protection for public health equivalent to the level of protection 
provided by such treatment technique for systems in such size ranges.
    ``(C) A listing under this paragraph of the best technology or 
other means under subparagraph (A) shall not be construed to require or 
authorize that any specified technology or other means be used for 
purpose of meeting any national primary drinking water regulation.
    ``(D) A listing under this paragraph of the best technology or 
other means shall provide as much reliable information as practicable 
on performance, effectiveness, limitations, costs, and other relevant 
factors in support of the listing, including the applicability of such 
technology or other means to surface and underground source waters, or 
both. Consistent with such reliable information, each State exercising 
primary enforcement responsibility for such systems shall presume 
(pending the availability of monitoring data, pending availability of 
information on a system's viability, including the availability of 
financial assistance under this title, and pending other relevant 
factors) that use of such technology or other means should enable the 
public water system concerned to meet the national primary drinking 
water regulation.
    ``(E) The Administrator shall, on a continuing basis, assess the 
engineering feasibility, performance, effectiveness, costs, and 
limitations of best technologies and other means of meeting national 
primary drinking water regulations, and may, by rule, revise the list 
under subparagraph (A) or (B) as appropriate.
    ``(F) As used in this paragraph, the term `best technology' for 
public water systems shall include, whenever appropriate, innovative 
and alternative technologies.
    ``(G) At any time after the promulgation of a national primary 
drinking water regulation, the Administrator may add to the lists under 
this paragraph, by guidance published in the Federal Register, any new 
or innovative technology or other means. A State may treat such 
technologies in the same manner as those listed pursuant to 
subparagraph (A) or (B).
    ``(H) To the greatest extent possible, within 24 months after the 
enactment of the Safe Drinking Water Act Amendments of 1994, the 
Administrator shall publish each of the following for public water 
systems in the size ranges referred to in clauses (i) and (ii) of 
subparagraph (A)--
            ``(i) For contaminants subject to a maximum contaminant 
        level promulgated prior to such publication, a list of best 
        technologies available that achieve compliance with such 
        maximum contaminant level.
            ``(ii) For contaminants subject to a treatment technique 
        promulgated prior to such publication, a list of alternative 
        technologies that achieve a level of protection of public 
        health equivalent to the level of protection provided by such 
        treatment technique.''.

SEC. 6. AMENDMENTS TO SECTION 1413.

    (a) Emergency Plans.--Section 1413(a)(5) is amended by inserting 
after ``emergency circumstances'' the following: ``including 
earthquakes, floods, hurricanes, and other natural disasters''.
    (b) Protection of Drinking Water Distribution Systems.--Section 
1413(a) is amended by adding the following after paragraph (6), as 
added by section 7(a):
            ``(7) has adopted (pursuant to guidance issued by the 
        Administrator not later than 3 years after the date of the 
        enactment of the Safe Drinking Water Act Amendments of 1994) 
        and implemented requirements for public water systems in the 
        State to take feasible measures to protect the distribution 
        system from contamination due to leakage from sewer lines.''.
    (c) Recycling of Filter Backwash.--Section 1413 is amended by 
adding at the end thereof the following:
    ``(c) 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 3 years 
after the date of the enactment of the Safe Drinking Water Act 
Amendments of 1994 unless such recycling has been addressed by the 
Administrator's `enhanced surface water treatment rule' prior to such 
date. Any regulation under this subsection shall be deemed to be a 
national primary drinking water regulation for purposes of this 
title.''.

SEC. 7. CERTIFICATION OF LABORATORIES AND OPERATORS.

    (a) Certification.--Section 1413(a) is amended by striking ``and'' 
at the end of paragraph (4), by striking the period at the end of 
paragraph (5) and inserting a semicolon, and by adding the following at 
the end thereof:
            ``(6) has adopted and is implementing, within 2 years after 
        the promulgation of regulations pursuant to section 1442(h), 
        requirements for the certification of--
                    ``(A) laboratories conducting tests pursuant to 
                this part, and
                    ``(B) operators of community and nontransient 
                noncommunity public water systems; and''.
    (b) Standards.--Section 1442 is amended by adding the following at 
the end thereof:
    ``(h) Minimum Standards.--(1) Not later than 30 months after the 
date of enactment of the Safe Drinking Water Act Amendments of 1994 and 
after consultation with States exercising primary enforcement 
responsibility for public water systems, the Administrator shall 
promulgate regulations specifying minimum standards for certification 
(and recertification) of the operators of public water systems. Such 
regulations 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.
    ``(2) Not later than 3 years after the date of enactment of the 
Safe Drinking Water Act Amendments of 1994 and after consultation with 
States exercising primary enforcement responsibility for public water 
systems, the Administrator shall promulgate regulations specifying 
minimum standards for certification (and recertification) of 
laboratories conducting tests pursuant to this part. Such regulations 
shall contain minimum criteria to ensure, to the extent possible, 
nationwide uniformity in such testing.
    ``(3) For any State exercising primary enforcement responsibility 
for public water systems which has an operator certification program in 
effect on the date of the enactment of the Safe Drinking Water Act 
Amendments of 1994, the regulations under paragraph (1) shall allow the 
State to enforce such program in lieu of the regulations under 
paragraph (1) if the State submits the program to the Administrator 
within 18 months after the promulgation of such regulations unless the 
Administrator determines (within 9 months after the State submits the 
program to the Administrator) that such program is inconsistent with 
such regulations. If disapproved it may be resubmitted in accordance 
with section 1428(c).''.
    (c) Study of Transient Systems.--The Administrator of the 
Environmental Protection Agency shall survey various categories of 
transient noncommunity public water systems nationwide to evaluate any 
potential public health threat posed by any lack of operator 
certification or training for such systems, and within 4 years after 
the date of the enactment of the Safe Drinking Water Act Amendments of 
1994, report to Congress with appropriate recommendations.

SEC. 8. ENFORCEMENT OF DRINKING WATER REGULATIONS.

    (a) Notice.--Section 1414(a)(1)(A) is amended by striking ``he 
shall so notify the State and'' and inserting ``the Administrator shall 
so notify the State, provide the State with an opportunity to confer 
with the Administrator, and notify''.
    (b) Effective Date.--Section 1414(g)(2) is amended as follows:
            (1) Amend the first sentence to read as follows: ``In the 
        case of a State exercising primary enforcement responsibility 
        for public water systems, an order issued under this subsection 
        to enforce section 1445 shall not take effect until after the 
        Administrator has provided such State with an opportunity to 
        confer with the Administrator regarding the order.''.
            (2) Strike ``proposed'' in the second sentence.
    (c) Civil Penalty.--Section 1414(g)(3) is amended as follows:
            (1) In subparagraph (B), strike ``$5,000'' and insert 
        ``$75,000 (or $100,000 if the violation occurs for more than 15 
        days or the public water system serves more than 10,000 
        persons)''.
            (2) In subparagraph (C), strike ``$5,000'' and insert 
        ``$75,000 (or $100,000 if the violation occurs for more than 15 
        days or the public water system serves more than 10,000 
        persons)''.
    (d) Enforceability of State Requirements.--Section 1414 is amended 
by adding the following at the end thereof:
    ``(h) State Requirements.--For a State exercising primary 
enforcement responsibility for public water systems, any violation of a 
State requirement that implements a national primary drinking water 
regulation shall be treated as a violation of a national primary 
drinking water regulation in effect under section 1412, except to the 
extent that the State requirement includes elements that are more 
stringent, or broader in scope, than elements of the national primary 
drinking water regulation.''.

SEC. 9. QUARTERLY NONCOMPLIANCE REPORTING.

    (a) Noncompliance Reporting.--Section 1413 is amended by inserting 
the following new subsection after subsection (c):
    ``(d) Quarterly Noncompliance Reporting.--(1) Each State exercising 
primary enforcement responsibility for public water systems shall 
submit quarterly reports to the Administrator on a schedule and in a 
format prescribed by the Administrator, consisting of each of the 
following items:
            ``(A) Violations, during the previous quarter, by public 
        water systems in the State of State regulations adopted to 
        implement the requirements of national primary drinking water 
        regulations.
            ``(B) Enforcement actions taken, during the previous 
        quarter, by the State against public water systems with respect 
        to State regulations adopted to implement the requirements of 
        national primary drinking water regulations.
            ``(C) Notification of any variance or exemption granted 
        during the previous quarter. The notice shall include a 
        statement of reasons for the granting of the variance or 
        exemption, including documentation of the need for the variance 
        or exemption and the finding that the granting of the variance 
        or exemption will not result in an unreasonable risk to health. 
        The State may use a single notification statement to report 2 
        or more similar variances or exemptions.
    ``(2) The reports under paragraph (1)(A) shall include information 
specifying the contamination level in the case of any exceedance of any 
maximum contaminant level included in a national primary drinking water 
regulation.
    ``(3) The Administrator shall make all information reported to the 
Administrator under this subsection available to the public in such 
manner as will ensure maximum accessibility and comprehension by the 
public.''.
    (b) Compliance With Subsection (h).--Section 1413(a)(3) is amended 
by inserting ``, including reports under subsection (d),'' after 
``reports''.

SEC. 10. SMALL SYSTEM ASSISTANCE PROGRAM.

    (a) BAAT Variance.--Section 1415 is amended by adding the following 
at the end thereof:
    ``(e) Small System Assistance Program.--
            ``(1) BAAT variances.--In the case of public water systems 
        serving 3,300 persons or fewer, a variance under this section 
        shall be granted by a State which has primary enforcement 
        responsibility for public water systems allowing the use of 
        Best Available Affordable Technology in lieu of best technology 
        or other means where--
                    ``(A) no best technology or other means is listed 
                under subparagraph (A)(ii) or subparagraph (B) of 
                section 1412(b)(6) for a given contaminant for public 
                water systems serving 3,300 persons or fewer;
                    ``(B) the Administrator has identified BAAT for 
                that contaminant pursuant to paragraph (3); and
                    ``(C) the State finds that the conditions in 
                paragraph (4) are met.
            ``(2) Definition of baat.--The term `Best Available 
        Affordable Technology' or `BAAT' means the most effective 
        technology or other means for the control of a drinking water 
        contaminant or contaminants that is available and affordable to 
        systems serving fewer than 3,300 persons.
            ``(3) Identification of baat.--(A) As part of each national 
        primary drinking water regulation proposed and promulgated 
        after the enactment of the Safe Drinking Water Act Amendments 
        of 1994, the Administrator shall identify BAAT in any case 
        where no `best technology or other means' is listed under 
        subparagraph (A)(ii) or subparagraph (B) of section 1412(b)(6) 
        for that contaminant for systems serving fewer than 3,300 
        persons. No such identified BAAT shall require a technology 
        from specific manufacturer or brand. BAAT need not be adequate 
        to achieve the applicable maximum contaminant level or 
        treatment technique, but shall bring the public water system as 
        close to achievement of such maximum contaminant level as 
        practical or as close to the level of health protection 
        provided by such treatment technique as practical, as the case 
        may be. Any technology or other means identified as BAAT must 
        be determined by the Administrator to be protective of public 
        health. Simultaneously with identification of BAAT, the 
        Administrator shall list any assumptions underlying the public 
        health determination referred to in the preceding sentence, 
        where such assumptions concern the public water system to which 
        the technology may be applied, or its source waters. The 
        Administrator shall provide the assumptions used in determining 
        affordability, taking into consideration the number of persons 
        served by such systems. Such listing shall provide as much 
        reliable information as practicable on performance, 
        effectiveness, limitations, costs, and other relevant factors 
        in support of such listing, including the applicability of BAAT 
        to surface and underground waters or both.
            ``(B) To the greatest extent possible, within 24 months 
        after the date of the enactment of the Safe Drinking Water Act 
        Amendments of 1994, the Administrator shall identify BAAT for 
        all national primary drinking water regulations proposed or 
        promulgated prior to such date of enactment where no best 
        technology or other means is listed under subparagraph (A)(ii) 
        or subparagraph (B) of section 1412(b)(6) for that contaminant 
        for systems serving fewer than 3,300 persons, and where 
        compliance by such small systems is not practical. In 
        identifying BAAT for such national primary drinking water 
        regulations, the Administrator shall give priority to 
        evaluation of atrazine, asbestos, selenium, pentachlorophenol, 
        antimony, and nickel.
            ``(4) Conditions for baat variance.--To grant a variance 
        under this subsection, the State must determine that--
                    ``(A) the public water system cannot install `best 
                technology or other means' because of the system's 
                small size;
                    ``(B) the public water system could not comply with 
                the maximum contaminant level through use of alternate 
                water supplies or through management changes or 
                restructuring, as described in section 1419 (relating 
                to public water system viability);
                    ``(C) the public water system has the capacity to 
                operate and maintain BAAT; and
                    ``(D) the circumstances of the public water system 
                are consistent with the public health assumptions 
                identified by the Administrator under paragraph (3).
            ``(5) Schedules.--Any variance granted by a State under 
        this subsection shall establish a schedule for the installation 
        and operation of BAAT within a period not to exceed 2 years 
        after the issuance of the variance, except that the State may 
        grant an extension of 1 additional year upon application by the 
        system. The application shall include a showing of financial or 
        technical need. Variances under this subsection shall be for a 
        term not to exceed 5 years (including the period allowed for 
        installation and operation of BAAT), but may be renewed for 
        such additional 5-year periods by the State upon a finding that 
        the criteria in paragraph (4) continued to be met.
            ``(6) Microbiological contaminants.--No variance may be 
        issued under this subsection for microbiological contaminants.
            ``(7) Review.--Any review by the Administrator under 
        paragraphs (4) and (5) shall be pursuant to subsection 
        (a)(1)(G)(i).''.
    (b) Technical and Conforming Changes.--(1) Section 1415 is amended 
by striking ``best technology, treatment techniques, or other means'' 
and ``best available technology, treatment techniques or other means'' 
each place such terms appear and inserting in lieu thereof ``best 
technology or other means''.
    (2) Section 1415(a)(1)(A) is amended by striking the third sentence 
and by striking ``Before a schedule prescribed by a State pursuant to 
this subparagraph may take effect'' and all that follows down to the 
beginning of the last sentence.
    (3) Section 1415(a)(1)(C) is amended as follows:
            (A) Amend the first sentence to read as follows: ``Before a 
        variance is issued and a schedule is prescribed pursuant to 
        this subsection or subsection (e) by a State, the State shall 
        provide notice and an opportunity for a public hearing on the 
        proposed variance and schedule.''.
            (B) Insert ``under this section'' before the period at the 
        end of the third sentence''.
    (4) Section 1415(a)(1)(D) is amended as follows:
            (A) Strike ``under subparagraph (A)'' and insert ``under 
        this section''.
            (B) Strike ``that subparagraph'' in each place it appears 
        and insert in each such place ``this section''.
            (C) Strike the last sentence.
    (5) Section 1415(a)(1)(F) is amended by striking ``3-year'' and 
inserting ``5-year'' and by amending the first sentence to read as 
follows: ``Not later than 5 years after the enactment of the Safe 
Drinking Water Act Amendments of 1994, the Administrator shall complete 
a review of the variances granted under this section (and the schedules 
prescribed in connection with such variances).''.
    (6) Section 1415(a)(1)(G)(i) is amended by striking ``subparagraph 
(A) or (B)'' and inserting ``this section''.
    (7) Section 1415(b) is amended by striking ``paragraph (1)(B) or 
(2) of subsection (a)'' and inserting ``this section''.
    (8) Section 1415(c) is amended by striking ``subsection (a)'' and 
inserting ``this section''.
    (9) Section 1415(d) is amended to read as follows:
    ``(d) [Repealed.]''.

SEC. 11. EXEMPTIONS.

    (a) Systems Serving Fewer Than 3,300 Persons.--Section 1416 is 
amended by adding the following at the end thereof:
    ``(h) Small Systems.--(1) For public water systems serving fewer 
than 3,300 persons, the maximum exemption period shall be 4 years if 
the State is exercising primary enforcement responsibility for public 
water systems and determines that--
            ``(A) the public water system cannot meet the maximum 
        contaminant level or install Best Available Affordable 
        Technology (`BAAT') due in either case to compelling economic 
        circumstances (taking into consideration the availability of 
        financial assistance under section 1443(c), relating to State 
        Revolving Funds) or other compelling circumstances;
            ``(B) the public water system could not comply with the 
        maximum contaminant level through the use of alternate water 
        supplies;
            ``(C) the granting of the exemption will provide a drinking 
        water supply that protects public health given the duration of 
        exemption; and
            ``(D) the State has met the requirements of paragraph (2).
    ``(2)(A) Before issuing an exemption under this section or an 
extension thereof for a small public water system described in 
paragraph (1), the State shall--
            ``(i) examine the public water system's technical, 
        financial, and managerial capability (taking into consideration 
        any available financial assistance) to operate in, and maintain 
        compliance with, this title, and
            ``(ii) determine if management or restructuring changes (or 
        both) can reasonably be made that will result in compliance 
        with this title or, if compliance cannot be achieved, improve 
        the quality of the drinking water.
    ``(B) Management changes referred to in subparagraph (A) may 
include rate increases, accounting changes, the hiring of consultants, 
the appointment of a technician with expertise in operating such 
systems, contractual arrangements for a more efficient and capable 
system for joint operation, or other reasonable strategies to improve 
viability.
    ``(C) Restructuring changes referred to in subparagraph (A) may 
include ownership change, physical consolidation with another system, 
or other measures to otherwise improve customer base and gain economies 
of scale.
    ``(D) If the State determines that management or restructuring 
changes referred to in subparagraph (A) can reasonably be made, it 
shall require such changes and a schedule therefore as a condition of 
the exemption. If the State determines to the contrary, the State may 
still grant the exemption. The decision of the State under this 
subparagraph shall not be subject to review by the Administrator, 
except as provided in subsection (d).
    ``(3) Paragraphs (1) and (3) of subsection (a) shall not apply to 
an exemption issued under this subsection. Subparagraph (B) of 
subsection (b)(2) shall not apply to an exemption issued under this 
subsection, but any exemption granted to such a system may be renewed 
for additional 4-year periods upon application of the public water 
system and after a determination that the criteria of paragraphs (1) 
and (2) of this subsection continue to be met.
    ``(4) No exemption may be issued under this section for 
microbiological contaminants.''.
    (b) Technical and Conforming Amendments.--(1) Section 1416(b)(1) is 
amended by striking ``prescribed by a State pursuant to this 
subsection'' and inserting ``prescribed by a State pursuant to this 
subsection or subsection (h)''.
    (2) Section 1416(c) is amended by striking ``under subsection (a)'' 
and inserting ``under this section'' and by striking ``including'' in 
the second sentence and inserting ``including, in the case of an 
exemption under subsection (a),''.
    (3) Section 1416(d)(1) is amended by striking ``3-year'' and 
inserting ``4-year'' and by amending the first sentence to read as 
follows: ``Not later than 4 years after the date of enactment of the 
Safe Drinking Water Act Amendments of 1994, the Administrator shall 
complete a comprehensive review of the exemptions granted (and 
schedules prescribed pursuant thereto) by the States during the 4-year 
period beginning on such date.''.
    (4) Section 1416(b)(2)(C) is repealed.
    (c) Systems Serving More Than 3,300 Persons.--Section 
1416(b)(2)(A)(ii) is amended by striking ``12 months'' and inserting 
``4 years'' and section 1416(b)(2)(B) is amended by striking ``3 years 
after the date of the issuance of the exemption'' and inserting ``4 
years after the expiration of the initial exemption''.

SEC. 12. PUBLIC WATER SYSTEM VIABILITY.

    Part B is amended by adding the following at the end thereof:

``SEC. 1419. PUBLIC WATER SYSTEM VIABILITY.

    ``(a) EPA Guidelines.--Within 18 months after the enactment of the 
Safe Drinking Water Act Amendments of 1994, the Administrator shall 
issue guidelines for purposes of subsection (b) for State programs to 
bring public water systems into compliance with this title and to 
maintain such compliance. The guidelines shall be developed in 
consultation with the States.
    ``(b) State Programs To Assure Viability.--Within 2 years after 
issuance of guidelines under subsection (a), each State exercising 
primary enforcement responsibility for public water systems shall 
develop and implement a comprehensive program to assure the viability 
of community and noncommunity nontransient public water systems within 
that State which are subject to the provisions of subsection (e). The 
program shall be treated as approved by the Administrator unless 
disapproved by the Administrator within 6 months after the date of its 
submittal. If disapproved it may be resubmitted in accordance with 
section 1428(c).
    ``(c) Financial Assistance for Small Systems.--(1) Except as 
provided in paragraph (2), no financial assistance may be provided from 
funds made available under section 1443(c) to any public water system 
in operation on the date of enactment of the Safe Drinking Water Act 
Amendments of 1994 that--
            ``(A) serves fewer than 10,000 persons, and
            ``(B) has a history of violations of monitoring 
        requirements or violations of national primary drinking water 
        regulations,
unless the State determines whether the public water system has, or 
will have, the technical, managerial, and financial capability to 
operate in compliance, and maintain compliance, with this title. Such 
determination shall be based on such information as the public water 
system may provide to the State and such other information as may be 
available to the State. In making such determination the State shall 
take into consideration the financial assistance which may be available 
to the public water system.
    ``(2)(A) If the State determines under paragraph (1) that a public 
water system lacks the capability referred to in paragraph (1), the 
State shall require adoption by the system of management or 
restructuring changes or both before providing funding to the system 
under section 1443(c), except as provided in subparagraph (B). 
Management changes may include rate increases, accounting changes, the 
hiring of consultants, the appointment of a technician with expertise 
in operating such systems, contractual arrangements for a more 
efficient and capable system for joint operation, or other reasonable 
strategies to improve viability. Restructuring changes may include 
ownership change, physical consolidation with another system, or other 
measures to otherwise improve customer base and gain economies of 
scale.
    ``(B) If the State determines under paragraph (1) that a system 
lacks the capability referred to in paragraph (1), funds provided under 
section 1443(c) (relating to State Revolving Funds) shall be available 
only to support such physical consolidation.
    ``(d) New Systems.--No financial assistance of any kind may be 
provided under this title to any public water system that is 
established, and begins operations, in any State after the enactment of 
the Safe Drinking Water Act Amendments of 1994, unless the 
Administrator determines that the State has an effective operating 
permit program or other means to ensure, before commencing operation, 
that the system has the management and technical capacity and financial 
capability, taking into account its customer base and other relevant 
factors, to comply and maintain compliance with the applicable 
requirements of this title. No change in the ownership of a public 
water system shall result in the application of the prohibition 
contained in this subsection to such system.
    ``(e) State Viability Assessments.--(1) Before the end of the first 
full fiscal year after the enactment of the Safe Drinking Water Act 
Amendments of 1994, each State shall establish a program for assessing, 
over a 5-year period, the long-term technical, managerial, and 
financial capability of community and nontransient noncommunity public 
water systems serving fewer than 10,000 persons that are in violation 
of this title or may be in jeopardy of not maintaining compliance with 
this title. The State shall establish a schedule for determining which 
systems to include in the assessment program.
    ``(2) The assessment program referred to in paragraph (1) shall 
include any public water system that has been in significant 
noncompliance (as defined in guidelines issued prior to the enactment 
of the Safe Drinking Water Act Amendments of 1994 or any revisions 
thereof and in national primary drinking water regulations promulgated 
after such date of enactment) or violated any maximum contaminant level 
or treatment technique, any variance, or any exemption under this title 
during the 2 years prior to the date on which the State makes a 
determination (in accordance with the schedule under in paragraph (1)) 
regarding whether to include such system in the assessment program.
    ``(3) For all public water systems referred to in paragraph (1) 
(other than those referred to in paragraph (2)), the State shall 
establish, in consultation with the Administrator, a system of 
priorities, as part of the program for conducting assessments, where 
there has been other noncompliance during such 2-year period which the 
State considers serious. The State shall publish such priorities and 
file them with the Administrator. The State, in its discretion and 
considering its resources, may, but is not required to, conduct 
assessments of public water systems which are in compliance during such 
period.
    ``(f) Waiver.--The Administrator may waive any requirements of this 
section in the case of a State viability program adopted before the 
enactment of this section if the Administrator finds that such State 
viability program is fully achieving the objectives of this section.
    ``(g) Availability of SRF Funds.--Unless the State has--
            ``(1) prior to the end of the first full fiscal year after 
        the enactment of the Safe Drinking Water Act Amendments of 
        1994, established a program meeting the requirements of 
        subsection (e), and
            ``(2) beginning with the third fiscal year after the 
        Administrator issues guidelines under subsection (a), developed 
        and implemented an approved program under subsection (b),
only 50 percent of the funds that would otherwise be allocated to that 
State under section 1443(c) (relating to State Revolving Funds) may be 
made available to the State.
    ``(h) EPA Review.--The decisions of the State under this section 
regarding any particular public water system are not subject to review 
by the Administrator.''.

SEC. 13. SOURCE WATER ASSESSMENT AND PETITION PROGRAM.

    (a) Guidelines and Programs.--Section 1428 is amended by adding 
``and source water'' after ``wellhead'' in the section heading and by 
adding at the end thereof the following:
    ``(l) Source Water Assessment.--
            ``(1) Guidance.--Within 12 months after enactment of the 
        Safe Drinking Water Act Amendments of 1994, 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.
            ``(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 which the State, 
                for the purposes of this subsection, has determined to 
                present an urgent 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 subsection (c). States shall begin implementation 
        of the program immediately after its approval. The 
        Administrator's approval of a State program under this 
        subsection shall include a timetable, established in 
        consultation with the State, allowing not more than 2 years for 
        completion after approval of the program. Public water systems 
        seeking monitoring relief in addition to the interim relief 
        provided under section 1418(a) shall be eligible for monitoring 
        relief, consistent with section 1418(b), upon completion of the 
        assessment in the delineated source water assessment area or 
        areas concerned.
            ``(4) Timetable.--The timetable referred to in paragraph 
        (3) shall take into consideration the availability to the State 
        of funds under section 1443(c) (relating to State Revolving 
        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. The timetable shall be 
        deemed to be part of the guidance published under paragraph (1) 
        and shall be subject to section 1450(j). Compliance with 
        subsection (g) shall not affect any State permanent monitoring 
        flexibility program approved under section 1418(b). To avoid 
        duplication and to encourage efficiency, the program shall, to 
        the extent practicable, be coordinated with other existing 
        programs and mechanisms, including the wellhead protection 
        program, vulnerability assessments, sanitary surveys, and 
        monitoring programs.
            ``(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.
    ``(m) Petition Program.--
            ``(1) Submission of petitions.--Within 18 months after 
        publication by the Administrator of guidance under subsection 
        (l), each State exercising primary enforcement responsibility 
        shall adopt and submit to the Administrator a source water 
        petition program. A petition under such program may request 
        that the State assist in addressing the origins of contaminants 
        regulated under this title (or unregulated contaminants for 
        which the State has determined, for purposes of this section, 
        that there is an urgent threat to public health) and that are 
        not adequately addressed by the wellhead protection program or 
        other programs. The origins of such contaminants may include, 
        to the extent practicable, the specific activities that affect 
        the drinking water supply of a community. Such program shall 
        also include provisions for voluntary partnerships, including 
        those in which public water systems and local governments 
        participate and submit petitions. The program shall provide for 
        public notice of petitions.
            ``(2) Contents of petitions.--Petitions submitted to the 
        State under this subsection may seek assistance in directing, 
        or redirecting, consistent with applicable program authorities 
        administrative, technical, or financial resources to address 
        the origins of drinking water contaminants regulated under this 
        title (or unregulated contaminants for which the State has 
        determined, for purposes of this section, that there is an 
        urgent threat to public health) and that are not adequately 
        addressed by the wellhead protection program or other programs. 
        Any such petition shall, at a minimum--
                    ``(A) include delineation of the source water area 
                covered by the petition, based on the source water 
                assessment delineation areas set forth in subsection 
                (l)(2)(A);
                    ``(B) based on reasonably available data, identify 
                the nature of the problem that is the basis for the 
                petition;
                    ``(C) to the extent practicable, identify the 
                origins of such drinking water contaminants; and
                    ``(D) identify any missing data necessary to 
                adequately characterize the problem that is the basis 
                of the petition.
        Identification of a contaminant or contaminants in a petition 
        shall be contaminant specific. Contaminants may be combined in 
        a single petition. The State may elect to waive the requirement 
        for the petitioner to meet subparagraph (D).
            ``(3) Response to petitions.--Each State receiving a 
        petition under this subsection shall respond to the petition in 
        an expeditious manner unless the State determines, in its 
        discretion, that the petition is frivolous. The State response 
        may include, as appropriate, utilization and coordination of 
        programs, technical assistance, financial assistance, 
        education, training, contingency plans and demonstration 
        projects for the delineated areas to protect the drinking water 
        supply of systems within those areas from such contaminants. 
        Nothing in this paragraph is intended or shall be interpreted 
        to create or convey any new authority in any State, political 
        subdivision of a State, or public water system for any control 
        measure or limit in any way any authority of a State, political 
        subdivision of a State, or water system.
            ``(4) Approval of petition program.--The Administrator's 
        approval of a State source water petition program under this 
        subsection is not required unless the State uses grant funds 
        under section 1443(c) (relating to State Revolving Funds) to 
        adopt and implement the program. The State may use grants 
        allotted to the State under section 1443(c) for such purposes 
        only with the approval of the Administrator. If adopted with 
        the use of funds made available under section 1443(c) by a 
        State exercising primary enforcement responsibility for public 
        water systems, the State shall comply with the delineation 
        requirements set forth in subsection (l)(2)(A) and the program 
        shall contain, as appropriate, one or more of the elements 
        referred to in section 1428(a)(4).''.
    (b) Public Participation.--Subsection (b) of section 1428 is 
amended by adding the following at the end thereof: ``No funds shall be 
available to the State under section 1443(c) (relating to State 
Revolving Funds) for the purpose of carrying out a State source water 
petition program unless the State procedures referred to in this 
section also apply to any State source water petition program adopted 
under subsection (m).''.
    (c) Approval and Disapproval of State Programs.--Section 1428 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 subsection (l) or (m) or section 
        1418(b) does not meet the applicable requirements of subsection 
        (l), (m) 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 subsection 
        (l) or (m) or section 1418(b) shall be deemed to meet the 
        applicable requirements of subsection (l), (m) or section 
        1418(b) unless the Administrator determines within 9 months of 
        the receipt of the program that such program (or portion 
        thereof) does not meet such requirements.''.
            (3) In the third sentence of subsection (c)(1) and in 
        subsection (c)(2) strike ``is inadequate'' and insert ``is 
        disapproved''.
            (4) Add the following at the end of subsection (c)(1): 
        ``Notwithstanding any other provision of this subsection, the 
        provisions of this subsection shall apply to source water 
        petition programs under subsection (m) only if the State uses 
        grants under section 1443(c) (relating to State Revolving 
        Funds) for such program.''.
            (5) In subsection (b), add the following before the period 
        at the end of the first sentence: ``and source water assessment 
        programs under subsection (l)''.
            (6) In subsection (g)--
                    (A) insert after ``under this section'' the 
                following: ``, State source water assessment programs 
                under subsection (l) and State petition programs under 
                subsection (m) for which the State uses grants under 
                section 1443(c) (relating to State Revolving Funds)''; 
                and
                    (B) strike ``Such'' in the last sentence and 
                inserting ``In the case of wellhead protection 
                programs, such''.

SEC. 14. MONITORING OF REGULATED CONTAMINANTS.

    Part B is amended by adding the following after section 1417:

``SEC. 1418. MONITORING OF CONTAMINANTS.

    ``(a) Interim Monitoring Relief Authority.--(1) A State exercising 
primary enforcement responsibility for public water systems may modify 
the monitoring requirements for--
            ``(A) regulated chemical pesticide contaminants,
            ``(B) polychlorinated byphenyls,
            ``(C) dioxin, and
            ``(D) unregulated contaminants for which monitoring is 
        required under phase II as set forth on January 30, 1991, in 
        volume 56 of the Federal Register, page 3526 and phase V as set 
        forth on July 17, 1992, in volume 57 of the Federal Register, 
        page 31776
for an interim period to provide that any public water system serving 
3,300 persons or fewer shall not be required to conduct additional 
quarterly monitoring during an interim relief period for such 
contaminants if--
            ``(i) 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
            ``(ii) 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) 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 enactment of the Safe 
Drinking Water Act Amendments of 1994, 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) Each State 
exercising primary enforcement responsibility for public water systems 
under this title and having an approved wellhead protection program and 
a source water assessment program may adopt, in accordance with 
guidance published by the Administrator, and submit to the 
Administrator as provided in section 1428(c), tailored alternative 
monitoring requirements for public water systems in such State (as an 
alternative to the monitoring requirements specified in the 
Administrator's standardized monitoring framework for chemical 
contaminants and 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, 
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, 
disinfectants and disinfection by-products, or corrosion by-products. 
The preceding sentence is not intended to limit other authority of the 
Administrator under other provisions of this title to grant monitoring 
flexibility.
    ``(2)(A) The Administrator shall issue, after notice and comment 
and at the same time as guidelines are issued for source water 
assessment under section 1428(l), guidelines for States to follow in 
proposing alternative requirements to the standardized monitoring 
framework for chemical contaminants. The Administrator shall publish 
such framework in the Federal Register. The guidelines shall assure 
that the public health will be protected from drinking water 
contamination. The guidelines shall require that a State alternative 
monitoring program apply on a contaminant-by-contaminant basis and 
that, to be eligible for such alternative monitoring program, a public 
water system must show the State that the contaminant is not present in 
the drinking water supply or, if present, it is reliably and 
consistently below the maximum contaminant level.
    ``(B) 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) 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.
    ``(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 the standard 
monitoring framework for chemical contaminants and under applicable 
national primary drinking water regulations to alter monitoring 
requirements through waivers in effect at the time of the enactment of 
the Safe Drinking Water Act Amendments of 1994. States are encouraged 
to use such authority.''.

SEC. 15. FEDERAL FACILITIES.

    (a) In General.--Part C is amended by adding at the end thereof the 
following new section:

``SEC. 1429. FEDERAL FACILITIES.

    ``(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, or
            ``(3) owning or operating any public water system
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 and 
respecting such public water systems 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. 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 with respect 
to any act or omission within the scope of the official duties of the 
agent, employee, or officer. An agent, employee, or officer of the 
United States shall be subject to any criminal sanction (including, but 
not limited to, any fine or imprisonment) under any Federal or State 
requirement adopted pursuant to this title, but no department, agency, 
or instrumentality of the executive, legislative, or judicial branch of 
the Federal Government shall be subject to any such sanction. The 
President may exempt any facility of any department, agency, or 
instrumentality in the executive branch from compliance with such a 
requirement if he determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted due to lack 
of appropriation unless the President shall have specifically requested 
such appropriation as a part of the budgetary process and the Congress 
shall have failed to make available such requested appropriation. Any 
exemption shall be for a period not in excess of 1 year, but additional 
exemptions may be granted for periods not to exceed 1 year upon the 
President's making a new determination. The President shall report each 
January to the Congress all exemptions from the requirements of this 
section granted during the preceding calendar year, together with his 
reason for granting each such exemption.
    ``(b) Administrative Enforcement Actions.--(1) The Administrator 
may commence an administrative enforcement action against any 
department, agency, or instrumentality of the executive, legislative, 
or judicial branch of the Federal Government subject to the provisions 
of subsection (a) pursuant to the enforcement authorities contained in 
this title. The Administrator shall initiate an administrative 
enforcement action against such a department, agency, or 
instrumentality in the same manner and under the same circumstances as 
an action would be initiated against another person. Any voluntary 
resolution or settlement of such an action shall be set forth in a 
consent order.
    ``(2) No administrative order issued to such a department, agency, 
or instrumentality shall become final until such department, agency, or 
instrumentality has had the opportunity to confer with the 
Administrator.
    ``(c) Limitation on State Use of Funds Collected From Federal 
Government.--Unless a State law in effect on the date of the enactment 
of the Safe Drinking Water Act Amendments of 1994 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) Conforming Amendments.--Section 1447(a) is amended as follows:
            (1) By striking out ``(1) having jurisdiction over any 
        federally owned or maintained public water system or (2)''.
            (2) By striking out ``respecting the provision of safe 
        drinking water and''.
            (3) Section 1447(c) is amended by striking out ``the Safe 
        Drinking Water Amendments of 1977'' and inserting ``this 
        title'' and by striking ``this Act'' and inserting ``this 
        title''.

SEC. 16. EMERGENCY POWERS.

    Section 1431(b) is amended by striking out ``$5,000'' and inserting 
in lieu thereof ``$15,000''.

SEC. 17. TAMPERING.

    Section 1432 is amended as follows:
            (1) In subsection (d), by striking ``or'' at the end of 
        paragraph (1) and by striking paragraph (2) and inserting the 
        following:
            ``(2) to knowingly and deliberately interfere with the 
        operation of a public water system with the intent to cause 
        economic harm to the system or cause the system to violate this 
        title; or
            ``(3) to knowingly and deliberately render inaccurate a 
        monitoring device with the intent to falsify monitoring 
        results.''.
            (2) By adding at the end the following:
    ``(e) Failure To Report.--Any owner or operator of a public water 
system who knowingly and deliberately fails to report for more than 90 
days to the State with primary enforcement responsibility for public 
water systems, or to the public as required by this title, or to the 
Administrator, a violation of a maximum contaminant level or treatment 
technique shall be subject to a fine of not more than $10,000, 
imprisonment for not more than 2 years, or both, except that failure to 
comply with the exact form and contents of a notice shall not be 
considered a failure to report which is subject to enforcement under 
this subsection.
    ``(f) False Statements.--State requirements applicable to public 
water systems in States with primary enforcement responsibility for 
public water systems under this title, or requirements of the 
Administrator under this title, respecting statements, representations, 
writings, or documents shall be construed to be subject to the 
provisions of section 1001 of title 18 of the United States Code and 
for such purposes such requirements shall be treated as a matter within 
the jurisdiction of a department or agency of the United States and 
solely for that purpose such State shall be treated as a Federal 
department or agency.''.

SEC. 18. FUNDS FOR SAFE DRINKING WATER.

    (a) State Revolving Funds.--Section 1443 is amended by 
redesignating subsection (c) as subsection (d) and by adding the 
following new subsection after subsection (b):
    ``(c) State Revolving Funds.--
            ``(1) General authority.--
                    ``(A) Grants to states to establish revolving 
                funds.--The Administrator shall enter into agreements 
                with States to make capitalization grants, including 
                letters of credit, to the States under this subsection 
                solely to further the health protection objectives of 
                this title, promote the efficient use of fund 
                resources, and for such other purposes as specified in 
                this title. The grants shall be deposited in drinking 
                water treatment revolving funds established by the 
                State, except as otherwise provided in this subsection 
                and in other provisions of this title. No portion of 
                any specific percentage amount of such grants referred 
                to in paragraph (5), (8), or (9) or authorized by other 
                provisions of this title to be used for other purposes 
                specified in this title shall be deposited in any State 
                revolving fund. All such grants shall be allotted to 
                the States in the same manner as funds are allotted to 
                States under subsection (a)(4), except as provided in 
                paragraph (8) and except that 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 as 
                follows: 30 percent of such allotment shall be 
                available to the Administrator as needed to exercise 
                primary enforcement responsibility under this title in 
                such State and the remainder shall be reallotted to 
                States exercising primary enforcement responsibility 
                for public water systems for deposit in such funds. 
                Whenever the Administrator makes a final determination 
                pursuant to section 1413(b) that the requirements of 
                section 1413(a) are no longer being met by a State, 
                additional grants for such State under this title shall 
                be immediately terminated by the Administrator.
                    ``(B) Use of funds.--Except as otherwise authorized 
                by this title, amounts deposited in such revolving 
                funds, including loan repayments and interest earned on 
                such amounts, shall be used only for providing loans or 
                other financial assistance of any kind or nature that 
                the State deems appropriate to public water systems. 
                Such financial assistance may be used by a public water 
                system only for expenditures (not including monitoring, 
                operation, and maintenance expenditures) of a type or 
                category which the Administrator has determined, 
                through guidance, will facilitate compliance with 
                national primary drinking water regulations applicable 
                to such system under section 1412 or otherwise 
                significantly further the health protection objectives 
                of this title. Such financial assistance may be used 
                for acquisition from willing sellers, at fair market 
                value, of real property or interests therein which are 
                integral to such systems. 15 percent of the amount 
                credited to any revolving fund established under this 
                section in any fiscal year shall be available solely 
                for providing loan assistance to public water systems 
                which regularly serve fewer than 10,000 persons.
                    ``(C) Fund management.--Each State revolving fund 
                under this subsection 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 each such fund are not required for current 
                obligation or expenditure, such amounts shall be 
                invested in interest bearing obligations of the State 
                or of the United States.
                    ``(D) Grants from revolving funds.--A State may not 
                provide assistance in the form of grants from a State 
                revolving fund established under this subsection in an 
                aggregate amount which exceeds the sum of the interest 
                collected on deposits in such State revolving fund plus 
                amounts deposited in such fund by the State pursuant to 
                paragraph (3). Such grants may only be made to public 
                water systems owned by a governmental or inter-
                governmental agency, a non-profit organization, an 
                Indian tribe, or any combination thereof which the 
                State finds to be experiencing financial hardship.
                    ``(E) Investor-owned public water systems.--In the 
                case of any public water system not owned by a 
                governmental or inter-governmental agency, a non-profit 
                organization, an Indian tribe, or any combination 
                thereof, the State may provide assistance from a State 
                revolving fund under this subsection according to 
                priorities established by the State based on the 
                greatest public health needs and financial need. The 
                State may provide loan assistance to any such system 
                from such a State revolving fund only after making a 
                determination that the system has the ability to repay 
                the loan according to its terms and conditions. States 
                are authorized to require such systems to identify a 
                dedicated source for repayment of the loans and to 
                impose such other requirements as may be necessary to 
                assure loan repayment.
            ``(2) Specific requirement.--No loan or other financial 
        assistance may be provided to a public water system from a 
        revolving fund established under this subsection to be used for 
        any expenditure that could be avoided or significantly reduced 
        by appropriate consolidation of that public water system with 
        any other public water system, except that in such cases such 
        assistance may be provided from the revolving fund for such 
        consolidation.
            ``(3) State contribution.--In the case of grants made after 
        fiscal year 1995, each agreement under this subsection shall 
        require that the State deposit in the 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.
            ``(4) Combined financial administration.--Notwithstanding 
        subparagraph (C) of paragraph (1), a State may (as a 
        convenience and to avoid unnecessary administrative costs) 
        combine, in accordance with State law, the financial 
        administration of a revolving fund established under this 
        subsection with the financial administration of any other 
        revolving fund established by the State if otherwise not 
        prohibited by the law under which such revolving fund was 
        established and if the Administrator determines that--
                    ``(A) the grants under this subsection, together 
                with loan repayments and interest, will be separately 
                accounted for and used solely for the purposes 
                specified in paragraph (1); and
                    ``(B) the authority to establish assistance 
                priorities and carry out oversight and related 
                activities (other than financial administration) with 
                respect to such assistance remains with the State 
                agency having primary responsibility for administration 
                of the State program under this part.
            ``(5) Administration.--(A) Each State may annually use up 
        to 4 percent of the funds allotted to the State under this 
        subsection to cover the reasonable costs of administration of 
        the assistance program under this subsection and of providing 
        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 5 percent of the funds 
        allotted to the State under this subsection for public water 
        system supervision if the State matches such expenditures with 
        at least an equal amount of non-Federal funds. At least half of 
        such match must be additional to the amount expended by the 
        State for public water supervision in fiscal year 1993. An 
        additional 1 percent of the funds annually allotted to the 
        State under this subsection shall be used by each State to 
        provide technical assistance to public water systems in such 
        State.
            ``(B) The Administrator shall publish such guidance and 
        promulgate such regulations as may be necessary to carry out 
        the provisions of this section, including--
                    ``(i) provisions to ensure that each State commits 
                and expends funds allotted to the State under this 
                subsection as efficiently as possible in accordance 
                with this title and applicable State laws,
                    ``(ii) guidance to prevent waste, fraud, and abuse, 
                and
                    ``(iii) guidance to avoid the use of funds made 
                available under this subsection to finance the 
                expansion of any public water system in anticipation of 
                future population growth.
        Such guidance and regulations shall also insure that the 
        States, and public water systems receiving assistance under 
        this subsection, use accounting, audit, and fiscal procedures 
        that conform to generally accepted accounting standards.
            ``(C) Each State administering a revolving fund and 
        assistance program under this subsection shall publish and 
        submit to the Administrator a report every 2 years on its 
        activities under this subsection, including the findings of the 
        most recent audit of the fund and the entire State allotment. 
        The Administrator shall periodically audit all revolving funds 
        established by, and all other amounts allotted to, the States 
        pursuant to this subsection in accordance with procedures 
        established by the Comptroller General.
            ``(6) Needs survey.--The Administrator shall conduct an 
        assessment of financial needs of all public water systems in 
        the United States and submit a report to the Congress 
        containing the results of such assessment within 2 years after 
        the date of the enactment of the Safe Drinking Water Act 
        Amendments of 1994. The Administrator shall revise such report 
        periodically as appropriate.
            ``(7) Indian tribes.--1\1/2\ percent of the amounts 
        appropriated annually to carry out this subsection may be used 
        by the Administrator to make grants to Indian Tribes and 
        Alaskan Native Villages which are not otherwise eligible to 
        receive either grants from the Administrator under this 
        subsection or assistance from State revolving funds established 
        under this subsection. Such grants may only be used for 
        expenditures by such tribes and villages for public water 
        system expenditures referred to in paragraph (1)(B).
            ``(8) 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 
        District of Columbia, the Virgin Islands, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, and the 
        Republic of Palau. The grants allotted as provided in this 
        paragraph 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 paragraph (1)(B). Such grants shall 
        not be deposited in revolving funds. The total allotment of 
        grants under this subsection for all areas described in this 
        paragraph in any fiscal year shall not exceed 1 percent of the 
        aggregate amount made available to carry out this subsection in 
        that fiscal year.
            ``(9) Additional set-asides.--Any State exercising primary 
        enforcement responsibility for public water systems may use up 
        to 4 percent of the annual grants under this subsection 
        allotted to that State for the following:
                    ``(A) To establish and implement wellhead 
                protection programs under section 1428.
                    ``(B) For a period of 5 years after the 
                Administrator publishes guidance under section 1428(l), 
                to establish and implement source water assessment 
                programs under section 1428.
                    ``(C) For a 7-fiscal year period after guidelines 
                are issued under section 1419(a), to develop and 
                implement a viability program under section 1419(b) and 
                assess viability under section 1419(e).
        Not more than 2 percent of such annual grant allotment for any 
        such State in any fiscal year may be used by that State for 
        purpose of subparagraph (C). If any State exercising primary 
        enforcement responsibility for public water systems adopts a 
        petition program under section 1428(m), the State may use not 
        more than 1 percent of the grant under this subsection allotted 
        to the State in any fiscal year for establishing and 
        implementing such program. No such funds shall be used for such 
        a petition program if the State fails to implement the program.
            ``(10) Demonstration project for state of virginia.--
        Notwithstanding the other provisions of this subsection 
        limiting the use of funds deposited in a State revolving 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 the enactment of the 
        Safe Drinking Water Act Amendments of 1994 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 revolving fund may be loaned to a regional endowment fund 
        for the purpose set forth in this paragraph under a plan to be 
        approved by the Administrator. The plan may include an advisory 
        group that includes representatives of such counties.
            ``(11) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out the purposes of this 
        subsection $599,000,000 for the fiscal year 1994 and 
        $1,000,000,000 for each of the fiscal years 1995, 1996, and 
        1997, and such sums as may be necessary thereafter. Sums shall 
        remain available until expended.''.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall report to the Congress, after notice and public 
comment, on the appropriateness of using State revolving funds under 
section 1443(c) of the Public Health Service Act for acquisition of 
real property or interests therein from willing sellers where such 
acquisition is undertaken in addition to, or as an alternative to, 
system development as a means of complying with national primary 
drinking water regulations. The review of the use of such funds shall 
examine any cost savings and environmental benefits for safe drinking 
water and any problems related thereto.
    (c) Technical Assistance.--(1) The Administrator of the 
Environmental Protection Agency 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 programs, 
training, and preliminary engineering evaluations. There is authorized 
to be appropriated to the Administrator to be used for such technical 
assistance $15,000,000 for the fiscal year 1994, and such sums as may 
be necessary for fiscal years thereafter. No portion of any State 
revolving fund established under section 1443(c) of the Public Health 
Service Act and no portion of any funds made available under this 
subsection may be used either directly or indirectly 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. Nothing in this Act or the 
amendments made by this Act authorizes scientific or environmental 
research and development.
    (2) Section 1442(g) is amended to read as follows:
    ``(g) [Reserved].''.
    (d) Public Water Systems Supervision Grants.--Section 1443(a) is 
amended as follows:
            (1) Paragraph (4) is amended by adding the following at the 
        end thereof: ``The allotment of grant funds under this 
        subsection for States not exercising primary enforcement 
        responsibility for public water systems shall not be provided 
        to such States but shall be available to the Administrator for 
        the costs of administering this title in those States.''.
            (2) Paragraph (7) is amended by striking out ``not more 
        than the following amounts'' and all that follows down through 
        the end of such paragraph and inserting ``such sums as may be 
        necessary for fiscal years after fiscal year 1994.''.

SEC. 19. RECORDS AND INSPECTIONS.

    (a) Requirements.--Section 1445(a)(1) is amended by inserting 
``(A)'' after ``(1)'' and by adding at the end the following:
    ``(B) Instead of using the authority under subparagraph (A) for the 
purposes set forth in this paragraph or subsection (b), the 
Administrator may, on a case-by-case basis, require by certified mail 
any public water system to provide, on a 1-time, periodic, or 
continuous basis, such records, reports, and information as the 
Administrator may reasonably require in determining whether such system 
has acted or is acting in compliance with this title. The Administrator 
shall provide the State exercising primary enforcement responsibility 
for public water systems a copy of such certified mail. This 
subparagraph shall not be construed to change any requirements of other 
applicable laws, such as the Paperwork Reduction Act of 1980. Nothing 
in this subparagraph shall be construed to affect the authority of the 
Administrator to use the authority of subsection (b) to determine 
compliance with this title.''.
    (b) Penalties.--Section 1445(c) is amended by adding at the end the 
following: ``Such penalty may be assessed by the Administrator after 
notice and opportunity for a public hearing on the record in accordance 
with section 554 of title 5 of the United States Code.''.

SEC. 20. MONITORING FOR UNREGULATED CONTAMINANTS.

    Section 1445(a) is amended as follows:
            (1) By adding at the end of paragraph (2) the following 
        sentence: ``Within 24 months after the enactment of the Safe 
        Drinking Water Act Amendments of 1994 and every 5 years 
        thereafter, the Administrator shall review and, if necessary, 
        revise the list of unregulated contaminants for which 
        monitoring is required.''.
            (2) In paragraph (3), by inserting ``not more than 40'' 
        after ``shall list'' in the first sentence.
            (3) In paragraph (4), by adding at the end thereof: ``Prior 
        to the 24-month deadline established under subsection (g), the 
        State, where it is exercising primary enforcement 
        responsibility for public water systems under this title, shall 
        provide the results of such monitoring to the Administrator for 
        inclusion in the occurrence data base under subsection (g).''.

SEC. 21. OCCURRENCE DATA BASE.

    Section 1445 is amended by adding the following new subsection at 
the end thereof:
    ``(g) Occurrence Data Base.--Not later than 24 months after 
enactment of the Safe Drinking Water Act Amendments of 1994, the 
Administrator shall assemble and maintain a national drinking water 
occurrence data base, using monitoring data 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.''.

SEC. 22. GENERAL PROVISIONS.

    (a) Guidelines.--Section 1450 is amended by adding the following at 
the end thereof:
    ``(j) Guidelines.--(1) All guidelines issued by the Administrator 
for States exercising primary enforcement responsibility for public 
water systems for any purpose pursuant to any requirement established 
by the Safe Drinking Water Act Amendments of 1994 shall be published in 
the Federal Register and shall remain in effect until changed by the 
Administrator in accordance with the same procedure as they were 
established. Such guidelines shall not be considered to be rules and 
shall not be enforceable as rules. Adoption by a State of a program 
covered by such guidelines and approval of the program by the 
Administrator shall be treated as an agreement by the State with, and 
acceptance of, the guidelines.
    ``(2) Except as otherwise provided in this title, failure of a 
State to abide by a guideline referred to in paragraph (1) shall not be 
a basis for the State's loss of primary enforcement responsibility for 
public water systems.
    ``(3) The Administrator shall order a State to halt use of a 
monitoring relief program under section 1418 to which any guideline 
referred to in paragraph (1) applies if the Administrator makes a 
finding, in writing, after notice to the State, that the State has 
failed to comply with such guideline and gives the State at least 90 
days to correct the alleged problem.
    ``(4) The Administrator may, in the Administrator's discretion, 
reduce by 50 percent the amount of grants otherwise made available to 
the State in any fiscal year under section 1443(c) (relating to State 
revolving funds) if the Administrator makes a finding in writing, after 
notice to the State, that the State has failed to comply with any 
guideline referred to in paragraph (1) and gives the State at least 90 
days to correct the alleged problem.''.
    (b) Whistle Blower.--Section 1450(i) is amended as follows:
            (1) Amend paragraph (2)(A) by striking ``30 days'' and 
        inserting ``180 days'' and by inserting before the period at 
        the end ``and the Environmental Protection Agency''.
            (2) Amend paragraph (2)(B)(i) by inserting before the last 
        sentence the following: ``Upon conclusion of such hearing and 
        the issuance of a recommended decision that the complaint has 
        merit, the Secretary shall issue a preliminary order providing 
        the relief prescribed in clause (ii), but may not order 
        compensatory damages pending a final order.''.
            (3) Amend paragraph (2)(B)(ii) by inserting ``and'' before 
        ``(III)'' and by striking ``compensatory damages, and (IV) 
        where appropriate, exemplary damages'' and inserting ``and the 
        Secretary may order such person to provide compensatory damages 
        to the complainant''.
            (4) Redesignate paragraphs (3), (4), (5), and (6) as 
        paragraphs (4), (5), (6), and (7), respectively, and insert 
        after paragraph (2) the following:
    ``(3)(A) The Secretary shall dismiss a complaint filed under 
paragraph (1), and shall not conduct the investigation required under 
paragraph (2), unless the complainant has made a prima facie showing 
that any behavior described in subparagraphs (A) through (C) of 
paragraph (1) was a contributing factor in the unfavorable personnel 
action alleged in the complaint.
    ``(B) Notwithstanding a finding by the Secretary that the complaint 
has made the showing required by paragraph (1)(A), no investigation 
required under paragraph (2) shall be conducted if the employer 
demonstrates, by clear and convincing evidence, that it would have 
taken the same unfavorable personnel action in the absence of such 
behavior.
    ``(C) The Secretary may determine that a violation of paragraph (1) 
has occurred only if the complainant has demonstrated that any behavior 
described in subparagraphs (A) through (C) of paragraph (1) was a 
contributing factor in the unfavorable personnel action alleged in the 
complaint.
    ``(D) Relief may not be ordered under paragraph (2) if the employer 
demonstrates clear and convincing evidence that it would have taken the 
same unfavorable personnel action in the absence of such behavior.''.
            (5) Add at the end the following:
    ``(8) This subsection may not be construed to expand, diminish, or 
otherwise affect any right otherwise available to an employee under 
Federal or State law to reduce the employee's discharge or other 
discriminatory action taken by the employer against the employee. The 
provisions of this subsection shall be prominently posted in any place 
of employment to which this subsection applies.''.
    (c) Effective Date.--The amendments made by subsection (b) shall 
apply to claims filed under section 1450(i) of the Public Health 
Service Act on or after the date of the enactment of this Act.

SEC. 23. ADMINISTRATIVE PENALTIES.

    Part E is amended by adding at the end the following new section:

``SEC. 1452. ADMINISTRATIVE PENALTIES.

    ``(a) In General.--The Administrator may assess an administrative 
penalty for violations of section 1412, 1415, 1416, or 1442(h). Such a 
penalty may only be assessed--
            ``(1) after providing notice (in accordance with section 
        1414(a)(1)(A)) of at least 45 days of the Administrator's 
        intention to assess such penalty to the State exercising 
        primary enforcement responsibility for public water systems and 
        to the public water system in violation of such section, and
            ``(2) after opportunity for a hearing on the record in 
        accordance with section 554 of title 5, United States Code.
    ``(b) Penalty.--The penalty under subsection (a) shall be not more 
than $5,000 per day of violation. The total penalty under such 
subsection shall not exceed--
            ``(1) $50,000 for violation of section 1442(h) (relating to 
        minimum standards for certification of operators and 
        laboratories), or
            ``(2) $90,000 in the case of violations of sections 1412, 
        1415, and 1416.
In assessing such penalties, the Administrator shall consider the size 
of the public water system, the ability of the system to operate in 
compliance with this title, the seriousness of the violation, the 
economic impact of such violation, and history of violations.''.

SEC. 24. WATER RETURN.

    Part E is amended by adding at the end the following:

``SEC. 1453. WATER RETURN.

    ``Not later than 18 months after the date of the enactment of the 
Safe Drinking Water Act Amendments of 1994, the Administrator shall 
issue, after public notice, guidelines to assist public water systems 
in assessing the conditions, when it is consistent with the 
requirements and public health objectives of this title, to return 
water from the public water system used for heat pumps and similar 
devices to the distribution system of the public water system.''.

SEC. 25. WATER CONSERVATION PLAN.

    Part E is amended by adding at the end the following:

``SEC. 1454. WATER CONSERVATION PLAN.

    ``(a) Guidelines.--Not later than 1 year after the date of the 
enactment of the Safe Drinking Water Act Amendments of 1994, 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) SRF 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 
revolving fund under section 1443(c), to submit with its application 
for such loan or grant a water conservation plan consistent with such 
guidelines.''.

SEC. 26. SUBMERSIBLE PUMPS; FITTINGS; AND RESIDENTIAL WATER TREATMENT 
              UNITS.

    Part F is amended by adding at the end the following:

``SEC. 1466. SUBMERSIBLE PUMPS.

    ``(a) In General.--(1) Except as provided in subsection (b), within 
3 years after the date of the enactment of the Safe Drinking Water Act 
Amendments of 1994 the Administrator shall promulgate regulations 
containing a health effects based performance standard establishing 
minimal leaching levels of lead from new submersible pumps reasonably 
anticipated to be used in domestic water wells, taking into account 
marketing and sales information and other relevant factors. Such 
standard shall apply to new pumps manufactured for, or first introduced 
into, interstate commerce after the effective date of the regulation 
promulgating the standard.
    ``(2) At a minimum, the standard under this section shall not allow 
lead concentration in drinking water to increase by more than 15 parts 
per billion (ppb) when in prolonged contact with the pump. Such 
standard shall be effective 3 years after the date of its promulgation 
or at such earlier time as the Administrator determines that pumps 
subject to paragraph (1) can reasonably be anticipated to be in 
compliance with such standards.
    ``(b) Exception.--(1) If the Administrator determines, after notice 
and opportunity for public comment, that--
            ``(A) voluntary standards have been developed that are at 
        least as protective as the minimum standard described in 
        subsection (a)(2), and
            ``(B) pumps subject to paragraph (1) of subsection (a) can 
        reasonably be anticipated to be in compliance with such 
        voluntary standards within 6 years after the date of the 
        enactment of the Safe Drinking Water Act Amendments of 1994,
the Administrator shall not promulgate regulations establishing the 
standard under subsection (a) or, if such regulations have been 
promulgated, provide that such regulations shall not take effect or be 
enforced.
    ``(2) Within 2 years after the date of the enactment of the Safe 
Drinking Water Act Amendments of 1994, the Administrator shall 
determine, after notice and opportunity for public comment, whether new 
submersible pumps which convey drinking water and which contain brass 
alloys containing 0.2 percent lead or more are being manufactured for, 
or first introduced into, interstate commerce. If the Administrator 
determines, at that time, that such pumps are not being manufactured 
for, or first introduced into, interstate commerce, the Administrator 
shall not promulgate regulations establishing the standard under 
subsection (a) or make a determination under subsection (b)(1) or if 
such regulations have been promulgated, provided that such regulations 
shall not take effect or be enforced.

``SEC. 1467. FITTINGS.

    ``(a) In General.--Within 1 year after the date of the enactment of 
the Safe Drinking Water Act Amendments of 1994, the Administrator shall 
determine if--
            ``(1) voluntary standards for new plumbing fittings 
        manufactured for or introduced into interstate commerce which 
        convey drinking water have been developed that are at least as 
        protective of human health as the minimum performance standard 
        promulgated under subsection (b), and
            ``(2) such fittings can reasonably be anticipated to comply 
        with such standards within 5 years after such date of 
        enactment.
    ``(b) Regulations.--If the Administrator determines that such 
voluntary standards for new plumbing fittings which convey drinking 
water have not been developed or that such fittings cannot reasonably 
be anticipated to comply, within 5 years of such date of enactment, 
with such voluntary standards, the Administrator shall, within 2 years 
after the date of such determination, promulgate regulations setting a 
health effects based performance standard establishing minimal leaching 
levels of lead from such new plumbing fittings. Such regulation shall 
take effect 3 years after the date of such promulgation. Under such 
regulation, such fittings shall not cause lead concentration in 
drinking water to increase by more than 15 parts per billion when in 
prolonged contact with such fitting.

``SEC. 1468. ENFORCEMENT OF SECTIONS 1466 AND 1467.

    ``(a) In General.--Any person who manufactures or first introduces 
in interstate commerce any new submersible pump or new plumbing fitting 
which violates any requirement established by the Administrator by 
regulation under section 1466 or 1467, shall be liable to the United 
States for a civil penalty in an amount not to exceed $10,000 for each 
such violation. To assess such civil penalty, the Administrator shall, 
after notice and opportunity for hearing on the record in accordance 
with sections 554 and 556 of title 5, United States Code, issue an 
order assessing such civil penalty.
    ``(b) Actions.--The Administrator may commence a civil action to 
enjoin any violation of section 1466 or 1467 or to assess and recover 
any civil penalty under subsection (a). Any such action may be brought 
in the district court of the United States for the district in which 
the violation is alleged to have occurred or in which the defendant 
resides or has the defendant's principal place of business. Such a 
court shall have jurisdiction to issue injunctive relief and to assess 
a civil penalty.
    ``(c) Order.--The Administrator may issue an order to require any 
person to comply with any requirement of section 1466 or 1467.
    ``(d) Future Compliance.--The Administrator shall periodically 
evaluate compliance with the standards under sections 1466 and 1467.

``SEC. 1469. RESIDENTIAL WATER TREATMENT UNITS.

    ``(a) FTC Investigation.--The Federal Trade Commission, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall conduct an investigation, pursuant to the Federal Trade 
Commission Act, into the veracity of claims that devices manufactured, 
sold, or distributed in interstate commerce for use in single and 
multi-family residences will improve the quality of drinking water or 
eliminate or reduce the level of 1 or more drinking water contaminants 
(for which a national primary drinking water regulation is promulgated 
under the Safe Drinking Water Act) and shall take such action pursuant 
to section 5 of such Act against any person who introduces, delivers 
for introduction, sells, advertises, or offers for sale, in interstate 
commerce, such devices as the Commission deems appropriate to ensure 
that such claims are consistent with the requirements of that Act and 
any applicable decisions and orders of the Commission under section 5 
of that Act. The Commission shall, consistent with the requirements of 
such Act, report the results of its investigation and the actions it 
takes to the Congress within 2 years after enactment of this Act. The 
Commission may, from time to time, issue rules (pursuant to section 553 
of title 5 of the United States Code) and any violation of such rules 
shall be treated by the Commission as a violation of a rule under 
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) 
regarding unfair or deceptive acts or practices.
    ``(b) EPA Report.--The Administrator, taking into account any 
available results of such study, shall, within 3 years after the date 
of the enactment of the Safe Drinking Water Act Amendments of 1994, 
submit a report to Congress containing recommendations regarding the 
effectiveness of such devices, and recommendations for legislation, to 
the extent necessary to assure the effectiveness of such devices in 
reducing the level of drinking water contaminants.''.

SEC. 27. BOTTLED DRINKING WATER STANDARDS.

    Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
349) is amended--
            (1) by striking ``Whenever'' and inserting ``(a) Except as 
        provided in subsection (b), whenever''; and
            (2) by adding at the end thereof the following new 
        subsection:
    ``(b) Bottled Drinking Water Standards.--(1) Not later than 180 
days after the Administrator of the Environmental Protection Agency 
promulgates a national primary drinking water regulation for a 
contaminant under section 1412 of the Public Health Service Act (42 
U.S.C. 300g-1), the Secretary, after public notice and comment, shall 
issue a 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. In the case of contaminants for which national primary drinking 
water regulations were promulgated under such section 1412 before the 
date of enactment of the Safe Drinking Water Act Amendments of 1994, 
the Secretary shall issue such regulation within 1 year 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 Public Health 
        Service Act, the regulation under this subsection shall 
        establish a maximum contaminant level for the contaminant in 
        bottled water which is at least as stringent as 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 Public Health Service Act, 
        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 fails to establish a regulation under 
this subsection within the 180-day 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) Not later than 30 days after the end of the 180-day period, 
or the 1-year period if applicable, described in paragraph (1), the 
Secretary shall, with respect to a national primary drinking water 
regulation that is considered applicable to bottled water as provided 
in subparagraph (A), publish a notice in the Federal Register that--
            ``(i) sets forth the requirements of the national primary 
        drinking water regulation, including monitoring requirements, 
        which shall be applicable to bottled water, and
            ``(ii) provides that such requirements shall take effect on 
        the date on which the national primary drinking water 
        regulation for the contaminant takes effect under section 1412 
        of the Public Health Service Act (or in the case of national 
        primary drinking water regulations promulgated before the 
        enactment of the Safe Drinking Water Act Amendments of 1994, on 
        the date 18 months after the enactment of such Act).''.

SEC. 28. ARSENIC.

    (a) Study.--Subject to availability of appropriations, the 
Administrator of the Environmental Protection Agency shall enter into 
an agreement with the National Academy of Sciences to conduct a 
comprehensive study of the human health effects of arsenic (which is 
subject to regulation as a contaminant under the Safe Drinking Water 
Act), taking into consideration the fact that arsenic occurs naturally. 
Such study shall be completed within 2 years of the date the agreement 
is entered into. A report shall be transmitted to the Administrator of 
the Environmental Protection Agency for purposes of subsection (b).
    (b) Regulation.--
            (1) Proposed regulation.--Not later than December 31, 1996, 
        the Administrator of the Environmental Protection Agency shall 
        propose a national primary drinking water regulation for 
        arsenic. If the study under subsection (a) is begun before May 
        31, 1996, the Administrator may not, except as provided in 
        paragraph (2), promulgate such regulation until the National 
        Academy of Sciences has issued a report under such subsection. 
        When the National Academy of Sciences issues such report, the 
        Administrator shall reopen the comment period on the proposed 
        regulation for 60 days.
            (2) Regulation.--The Administrator shall promulgate a 
        national primary drinking water regulation for arsenic not 
        later than December 31, 1999, except that the Administrator may 
        extend such date for 1 year if the Administrator has issued a 
        new proposed regulation for arsenic. The Administrator may 
        promulgate such regulation prior to such date if the 
        Administrator finds that arsenic in drinking water is 
        associated with an imminent and substantial endangerment to the 
        health of persons and publishes such determination in the 
        Federal Register.
            (3) Standard setting process.--In issuing the national 
        primary drinking water regulation for arsenic, the 
        Administrator may promulgate a national primary drinking water 
        regulation pursuant to section 1412(b)(5)(A) and (B) of the 
        Safe Drinking Water Act.

SEC. 29. DEFINITIONS.

    (a) Piped Water.--Section 1401 is amended by adding at the end the 
following:
            ``(15) The term `piped water' means, in addition to water 
        carried in pipes, water carried in culverts, canals, or similar 
        conveyances. Such term does not include irrigation water 
        provided to incidental nonagricultural users if the 
        Administrator or State (in the case of a State exercising 
        primary enforcement responsibility for public water systems) 
        determines that alternative drinking water to achieve the 
        equivalent level of health protection provided by the 
        applicable national primary drinking water regulations is 
        provided for drinking, cooking, and bathing, or where the 
        Administrator or State (in the case of a State exercising 
        primary enforcement responsibility for public water systems) 
        determines that the water provided for drinking, cooking, and 
        bathing is treated by the provider of such irrigation water, or 
        a pass-through entity providing water for drinking, cooking, 
        and bathing, to achieve the equivalent level of health 
        protection provided by the applicable national primary drinking 
        water regulations. This paragraph shall not be construed to 
        affect the meaning of the term `human consumption' as used in 
        any other provision of this title. As used in this paragraph, 
        the term `conveyance' does not include rivers, streams, lakes, 
        or ponds. Nothing in this paragraph shall create new or 
        additional requirements for public water system.''.
    (b) Alternative Quality Control and Testing Procedures.--Section 
1401(1)(D) is amended by adding the following at the end thereof: ``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.''.

SEC. 30. REPORTS ON ENVIRONMENTAL PROTECTION AGENCY ADMINISTERED 
              PROGRAMS.

    For States and Indian Tribes in which the Administrator of the 
Environmental Protection Agency has revoked primary enforcement 
responsibility under part B of title XIV of the Public Health Service 
Act (the Safe Drinking Water Act) or is otherwise administering such 
title, the Administrator shall provide every 2 years, a report to 
Congress on the implementation by the Administrator of all applicable 
requirements of that title in such States.

SEC. 31. GENERAL AUTHORIZATION.

    (a) In General.--Part A is amended by adding the following new 
section after section 1401:

``SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this title for the first 8 
fiscal years following the enactment of the Safe Drinking Water Act 
Amendments of 1994.''.
    (b) Conforming Amendments.--The heading for part A is amended to 
read as follows:

                    ``Part A--General Provisions''.

SEC. 32. CLERICAL AMENDMENT.

    Section 1421(b)(3)(B)(i) is amended by striking ``number or 
States'' and inserting ``number of States''.
HR 3392 RH--2
HR 3392 RH--3
HR 3392 RH--4
HR 3392 RH--5
HR 3392 RH--6
HR 3392 RH--7
```