I

103D CONGRESS

2D SESSION H. R. 3392

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

water systems.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 27, 1993

Mr. SLATTERY (for himself, Mr. BLILEY, Mr. ROWLAND, Mr. HALL of Texas,

Mr. COOPER, Mr. PAXON, Mr. UPTON, Mr. LEHMAN, Mr. TAUZIN, Mr.

POMEROY, Mr. BEREUTER, Mr. CANADY, Mr. WILLIAMS, Mr. FRANK of

Massachusetts, Mr. BARRETT of Nebraska, Mr. BARLOW, Mr. MCHUGH,

Mr. SWETT, Mrs. VUCANOVICH, Mr. JEFFERSON, Mr. HUNTER, Mr.

GRANDY, and Mr. WALSH) introduced the following bill; which was referred to the Committee on Energy and Commerce

JANUARY 26, 1994

Additional sponsors: Mr. SMITH of Iowa, Mr. YATES, Mr. HOEKSTRA, Mr.

HALL of Ohio, Mr. FORD of Tennessee, Mrs. FOWLER, Mr. PICKETT, Mr.

LANCASTER, Mr. PETERSON of Minnesota, Mr. HANSEN, Mr. COMBEST,

Mr. CLEMENT, Mr. EWING, Mr. RICHARDSON, Mr. ROMERO-BARCELO ́,

Mr. BISHOP, Mr. EMERSON, Mr. DARDEN, Mr. MONTGOMERY, Mr.

CAMP, Mr. GILLMOR, Ms. DANNER, Mr. PARKER, Mr. BLUTE, Mr.

BALLENGER, Mr. VOLKMER, Mr. LIGHTFOOT, Mr. NUSSLE, Mr. CONDIT,

Mr. KYL, Mr. MCCURDY, Mr. STEARNS, Mr. SARPALIUS, Mr. JOHNSON

of Georgia, Mr. COLEMAN, Mr. STENHOLM, Mr. THOMAS of Wyoming,

Mr. PETE GEREN of Texas, Mr. TAYLOR of Mississippi, Mr. SKEEN, Mr.

BARTLETT of Maryland, Mr. DOOLITTLE, Mr. STUMP, Mr. KIM, Mr.

COX, Mr. DREIER, Mr. YOUNG of Alaska, Mr. MCCOLLUM, Mr. HUTTO,

Mr. MINGE, Mr. SMITH of Texas, Mr. LAUGHLIN, Mr. WILSON, Mr. REGULA, Mr. SOLOMON, Mr. EVERETT, Mr. SPENCE, Mr. LAROCCO, Mr.

PETRI, Mr. POSHARD, Mr. LEWIS of California, Mr. LEVY, Mr. SMITH

of Michigan, Mr. ALLARD, Mr. DUNCAN, Mr. MICA, Mr. COBLE, Mr.

MCINNIS, and Mr. SISISKY
2

•HR 3392 SC

A BILL

To amend the Safe Drinking Water Act to assure the safety

of public water systems.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Safe Drinking Water

5 Act Amendments of 1993’’.

6 SEC. 2. GOAL.

7 Title XIV of the Public Health Service Act (the Safe

8 Drinking Water Act) is amended by inserting the following

9 before section 1401:

10 ‘‘SEC. 1400. GOAL.

11 ‘‘It is the goal of this Act to ensure the quality and

12 safety of drinking water provided to the public by public

13 water systems, and to protect the public health from the

14 threat of disease caused by water-borne contaminants.’’.

15 SEC. 3. DEFINITIONS.

16 Section 1402 of title XIV of the Public Health Serv17 ice Act (the Safe Drinking Water Act) is amended as

18 follows:

19 (1) Amend paragraph (1) to read as follows:

20 ‘‘(1) The term ‘primary drinking water regulation’

21 means a regulation which—

22 ‘‘(A) applies to public water systems;
3

•HR 3392 SC

1 ‘‘(B) specifies one or more contaminants sub2 ject to regulation under section 1412;

3 ‘‘(C) specifies for each such contaminant ei4 ther—

5 ‘‘(i) a maximum contaminant level, or

6 ‘‘(ii) a treatment technique; and

7 ‘‘(D) contains criteria and procedures to assure

8 a supply of drinking water which dependably com9 plies with such maximum contaminant levels or

10 treatment technique; including quality control and

11 testing procedures to ensure compliance with such

12 levels or treatment technique and to ensure proper

13 operation and maintenance of the system, and re14 quirements as to (i) the minimum quality of water

15 which may be taken into the system, and (ii) siting

16 for new facilities for public water systems.’’.

17 (2) Amend paragraph (4) by striking the sec18 ond sentence and inserting: ‘‘Such term includes (A)

19 any collection, treatment, storage, and distribution

20 facilities under the ownership of such system and

21 used primarily in connection with such system, and

22 (B) any collection or pretreatment storage facilities

23 not under such ownership which are used primarily

24 in connection with such system.’’.
4

•HR 3392 SC

1 (3) Amend paragraph (6) by inserting before

2 the period the following: ‘‘which is of public health

3 or welfare concern.’’.

4 (4) Add the following at the end thereof:

5 ‘‘(15) The term ‘risk reduction benefits and

6 costs’ means the public health benefit achieved by

7 changing the level of a contaminant from one level

8 to another, taking cost into consideration.’’.

9 SEC. 5. NATIONAL DRINKING WATER REGULATIONS.

10 Section 1412 of title XIV of the Public Health Serv11 ice Act (the Safe Drinking Water Act) is amended as

12 follows:

13 (1) Amend the second sentence of subsection

14 (a)(1) to read as follows: ‘‘No such regulation shall

15 be required to comply with the standards set forth

16 in subsection (b)(3) unless such regulation is amend17 ed to establish a different maximum contaminant

18 level (or treatment technique) after the enactment of

19 the Safe Drinking Water Act Amendments of

20 1993.’’.

21 (2) In paragraph (3) strike ‘‘, (2), or (3)’’ and

22 insert ‘‘or (2)’’.

23 (3) Amend subsection (b) to read as follows:

24 ‘‘(b)(1) In the case of those contaminants listed in

25 the Advance Notice of Proposed Rulemaking published in
5

•HR 3392 SC

1 volume 47, Federal Register, page 9352, and in volume

2 48, Federal Register, page 45502, for which national pri3 mary drinking water regulations have not been promul4 gated as of the date of enactment of the Safe Drinking

5 Water Act Amendments of 1993, the Administrator

6 shall—

7 ‘‘(A) publish maximum contaminant level goals

8 and promulgate a national primary drinking water

9 regulation in accordance with paragraph (3) for

10 those contaminants which he finds, based on data

11 available under section 1445, occur in drinking

12 water and are of public health concern, and

13 ‘‘(B) not later than 18 months after enactment

14 of the Safe Drinking Water Act Amendments of

15 1993, eliminate monitoring, compliance and enforce16 ment requirements for those contaminants which the

17 Administrator finds, based on such data, do not

18 occur in drinking water at levels of public health

19 concern.

20 ‘‘(2) Not later than 36 months after enactment of

21 the Safe Drinking Water Act Amendments of 1993, and

22 every 5 years thereafter, the Administrator shall promul23 gate maximum contaminant level goals and national pri24 mary drinking water regulations for new contaminants se25 lected in accordance with this paragraph. The Adminis-
6

•HR 3392 SC

1 trator shall review the national drinking water occurrence

2 data base maintained under section 1445. After notice and

3 opportunity for public comment, the Administrator shall

4 assess all occurrence and public health information avail5 able with respect to each. Based on such assessment, the

6 Administrator shall determine with respect to each con7 taminant listed under section 1445 based upon occurrence

8 and public health concern whether promulgation of a na9 tional primary drinking water regulation is or is not ap10 propriate, or whether additional health effects or occur11 rence information is necessary before a determination can

12 be made. For those contaminants the Administrator

13 makes a determination that a national primary drinking

14 water regulation is not appropriate, the Administrator

15 shall also make a determination on continuation of mon16 itoring under section 1445.

17 ‘‘(3) Each maximum contaminant level goal estab18 lished under this subsection shall be set at the level at

19 which no known or anticipated adverse effects on the

20 health of persons occur and which allows an adequate

21 margin of safety. Each national primary drinking water

22 regulation for a contaminant for which a maximum con23 taminant level goal is established under this subsection

24 shall specify a maximum level for such contaminant which

25 is achievable by public water systems with the use of the
7

•HR 3392 SC

1 best technology, treatment techniques and other means,

2 taking public health risk reduction benefits and cost into

3 consideration, which the Administrator finds are available,

4 after examination for efficacy under field conditions, and

5 not solely under laboratory conditions. In addition, the Ad6 ministrator shall establish in each national primary drink7 ing water regulation best technology treatment techniques

8 for public water systems serving less than 1,000 people,

9 best technology treatment techniques for public water sys10 tems serving between 1,000 and 10,000 people, and best

11 technology treatment techniques for public water systems

12 serving more than 10,000 people. In addition to tech13 nology, watershed protection and pollution prevention

14 shall be considered appropriate best technology for pur15 poses of compliance with national primary drinking water

16 regulations.

17 ‘‘(4) Notwithstanding the provisions of paragraph

18 (3), the Administrator shall promulgate national primary

19 drinking water regulations for radionuclides, disinfection

20 byproducts, sulfate, and corrosion byproducts which will

21 be protective of public health and take into account—

22 ‘‘(A) the health benefits to be achieved by re23 ducing the level of such contaminants in drinking

24 water relative to reducing the level of such contami25 nants in other media;
8

•HR 3392 SC

1 ‘‘(B) the availability of technology—

2 ‘‘(i) that is effective in removing or other3 wise treating such contaminants under field

4 conditions reflecting a representative range of

5 water qualities (and not just under laboratory

6 conditions), and

7 ‘‘(ii) which does not cause significant ad8 verse impacts on—

9 ‘‘(I) other elements of drinking water

10 quality,

11 ‘‘(II) other environmental media, in12 cluding impacts related to disposal of

13 treatment residuals, or

14 ‘‘(III) the efficacy of other drinking

15 water treatment or processes; and

16 ‘‘(C) the costs to consumers of such regulation.

17 ‘‘(5) Each national primary drinking water regulation

18 which establishes a maximum contaminant level shall list

19 the technology, treatment techniques, and compliance

20 timeframes and other means which the Administrator

21 finds to be available for purposes of meeting such maxi22 mum contaminant level, but a regulation under this sub23 section shall not require that any specified technology,

24 treatment technique, or other means be used for purposes

25 of meeting such maximum contaminant level.
9

•HR 3392 SC

1 ‘‘(6)(A) The Administrator is authorized to promul2 gate a national primary drinking water regulation that re3 quires the use of a treatment technique in lieu of establish4 ing a maximum contaminant level, if the Administrator

5 makes a finding that it is not economically or techno6 logically feasible to ascertain the level of the contaminant.

7 In such case, the Administrator shall identify those treat8 ment techniques which will be protective of public health

9 and which take into account the factors specified in para10 graphs (3) and (4) of this subsection as appropriate. Such

11 regulation shall specify each treatment technique known

12 to the Administrator which meets the requirements of this

13 paragraph, but the Administrator may grant a variance

14 from any specified treatment technique in accordance with

15 section 1415(a)(3).

16 ‘‘(B)(i) Not later than 18 months after the enactment

17 of the Safe Drinking Water Act Amendments of 1986, the

18 Administrator shall propose and promulgate national pri19 mary drinking water regulations specifying criteria under

20 which filtration (including coagulation and sedimentation,

21 as appropriate) is required as a treatment technique for

22 public water systems supplied by surface water sources.

23 In promulgating such rules, the Administrator shall con24 sider the quality of source waters, protection afforded by

25 watershed management, treatment practices (such as dis-
10

•HR 3392 SC

1 infection and length of water storage) and other factors

2 relevant to protection of health.

3 ‘‘(ii) In lieu of the provisions of section 1415 the Ad4 ministrator shall specify procedures by which the State de5 termines which public water systems within its jurisdiction

6 shall adopt filtration under the criteria of clause (i). The

7 State may require the public water system to provide stud8 ies or other information to assist in this determination.

9 The procedures shall provide notice and opportunity for

10 public hearing on this determination. If the State deter11 mines that filtration is required, the State shall prescribe

12 a schedule for compliance by the public water system with

13 the filtration requirement. The schedule shall take into ac14 count the time which is reasonably necessary for the public

15 water system to plan, design, finance, and construct filtra16 tion facilities and adjust operating practices necessary to

17 achieve compliance with the filtration requirement.

18 ‘‘(iii) Within 24 months from the time that the Ad19 ministrator establishes the criteria and procedures under

20 this subparagraph, a State with primary enforcement re21 sponsibility shall adopt any necessary regulations to imple22 ment this subparagraph. Within 12 months of adoption

23 of such regulations the State shall make determinations

24 regarding filtration for all the public water systems within

25 its jurisdiction supplied by surface waters.
11

•HR 3392 SC

1 ‘‘(iv) If a State does not have primary enforcement

2 responsibility for public water systems, the Administrator

3 shall have the same authority to make the determination

4 in clause (ii) in such State as the State would have under

5 that clause. Any filtration requirement or schedule under

6 this subparagraph shall be treated as if it were a require7 ment of a national primary drinking water regulation.

8 ‘‘(7) Not later than 48 months after the enactment

9 of the Safe Drinking Water Act Amendments of 1993, the

10 Administrator shall propose and promulgate national pri11 mary drinking water regulations requiring disinfection as

12 a treatment technique for all public water systems. The

13 Administrator shall simultaneously promulgate a rule

14 specifying criteria that will be used by the Administrator

15 (or delegated State authorities) to grant variances from

16 this requirement according to the provisions of section

17 1415(a)(1)(B) and 1415(a)(3). In implementing section

18 1442(g) the Administrator or the delegated State author19 ity shall, where appropriate, give special consideration to

20 providing technical assistance to small public water sys21 tems in complying with the regulations promulgated under

22 this paragraph.

23 ‘‘(8)(A) National primary drinking water regulations

24 promulgated prior to the Safe Drinking Water Act

25 Amendments of 1993 shall be reviewed not later than 30
12

•HR 3392 SC

1 months after enactment of such amendments. If the Ad2 ministrator determines, based on data available under sec3 tion 1445, that any contaminant subject to regulation does

4 not occur in public water systems at levels of public health

5 concern, he shall eliminate monitoring, compliance and en6 forcement requirements from such contaminant regula7 tion. Such regulations shall also be reviewed not later than

8 5 years after enactments of such amendments, and if the

9 Administrator determines that a regulation is not consist10 ent with the factors specified in paragraph (3) or (4) of

11 this subsection as appropriate, he shall promulgate a re12 vised regulation in accordance with such factors.

13 ‘‘(B) Each national primary drinking water regula14 tion promulgated after the enactment of the Safe Drinking

15 Water Act Amendments of 1993 shall include a schedule

16 for periodic review of such regulation. Such reviews shall

17 include an analysis of new health effects and occurrence

18 data, and innovations or changes in technology, treatment

19 techniques or other activities that have become available

20 since the promulgation of such regulation. If the Adminis21 trator determines that the contaminant subject to regula22 tion no longer occurs in drinking water at levels of public

23 health concern, the Administrator shall eliminate monitor24 ing, compliance and enforcement requirements from such

25 contaminant regulation, and if he determines that the reg-
13

•HR 3392 SC

1 ulation is not consistent with the factors specified in para2 graph (3) or (4) of this subsection as appropriate, the

3 Administrator shall promulgate a revised regulation in ac4 cordance with such factors.

5 ‘‘(9) National primary drinking water regulations

6 promulgated under this subsection (and amendments

7 thereto) shall take effect in accordance with schedules pro8 mulgated by the Administrator in each such regulation ex9 cept such schedule including monitoring requirements

10 shall not be less than 24 months. Such schedules shall

11 take into account the time which is reasonably necessary

12 for public water systems to plan, design, finance, and con13 struct treatment facilities and adjust operating practices

14 necessary to achieve compliance with the regulation. Regu15 lations under subsection (a) shall be superseded by regula16 tions under this subsection to the extent provided by the

17 regulations under this subsection.

18 ‘‘(10) No national primary drinking water regulation

19 may require the addition of any substance for preventive

20 health care purposes unrelated to contamination of drink21 ing water.’’.

22 (4) Amend the second sentence of subsection

23 (e) to read as follows: ‘‘The Board shall respond, as

24 it deems appropriate, and the Administrator shall

25 publish the findings and recommendations of the
14

•HR 3392 SC

1 Board, if any, as part of the notice of proposed rule2 making.’’.

3 (5) Add the following at the end thereof:

4 ‘‘(f) NEGOTIATED RULEMAKING.—The Adminis5 trator may utilize negotiated rulemaking procedures found

6 in the Negotiated Rulemaking Act (5 U.S.C. 581–590)

7 whenever he determines it will facilitate the promulgation

8 of regulations required by this section.’’.

9 SEC. 4. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

10 Section 1413 of title XIV of the Public Health Serv11 ice Act (the Safe Drinking Water Act) is amended as

12 follows:

13 (1) Amend paragraph (1) of subsection (a) to

14 read as follows:

15 ‘‘(1) has adopted within 24 months of promul16 gation by the Administrator, drinking water regula17 tions which are no less stringent than the national

18 primary drinking water regulations promulgated by

19 the Administrator under sections 1412(a) and

20 1412(b);’’.

21 (2) Amend paragraph (4) of subsection (a) to

22 read as follows:

23 ‘‘(4) If it permits variances from the require24 ments of its drinking water regulations which meet

25 the requirements of paragraph (1), permits such
15

•HR 3392 SC

1 variances under conditions and in a matter which is

2 not less stringent than the conditions under, and the

3 manner in, which variances may be granted under

4 section 1415; and’’.

5 SEC. 6. ENFORCEMENT OF DRINKING WATER REGULA6 TIONS.

7 Section 1414 of title XIV of the Public Health Serv8 ice Act (the Safe Drinking Water Act) is amended as

9 follows:

10 (1) Strike ‘‘or an exemption under 1416’’ in

11 each place it appears.

12 (2) Strike ‘‘or an exemption under section

13 1416(f) in each place it appears.

14 (3) In subsection (b) strike ‘‘or exemption’’ and

15 strike ‘‘or 1416’’.

16 (4) Amend so much of subsection (c) as follows

17 paragraph (1) to read as follows:

18 ‘‘(2) if the public water system is subject to a

19 variance granted under section 1415(a)(1)(A) or

20 1415(a)(2) for an inability to meet a maximum con21 taminant level requirement—

22 ‘‘(A) the existence of such variance, and

23 ‘‘(B) any failure to comply with the re24 quirements of any schedule prescribed pursuant

25 to the variance.
16

•HR 3392 SC

1 The Administrator shall by regulation prescribe the fre2 quency for giving notice under this subsection. Within 15

3 months after the enactment of the Safe Drinking Water

4 Act Amendments of 1993, the Administrator shall amend

5 such regulations to provide for different types and fre6 quencies of notice based on the seriousness of any poten7 tial adverse health effects which may be involved. Notice

8 of any violation designated by the Administrator as posing

9 a serious potential adverse health effect shall be given as

10 soon as possible, but in no case later than 14 days after

11 the violation. Notice of violations judged to be less serious

12 shall be given no less frequently than annually. The Ad13 ministrator shall provide guidance as to the form, manner

14 and content of notice to be used to provide information

15 as promptly and effectively as possible taking into account

16 both the seriousness of any potential adverse health effects

17 and the likelihood of reaching all affected persons. States,

18 in consultation with public water systems, shall determine

19 the actual form, manner, and content of such notices. The

20 Administrator may also require the owner or operator of

21 a public water system to give notice to the persons served

22 by it of contaminant levels of any unregulated contami23 nant required to be monitored under section 1445(a). Any

24 person who violates this subsection or regulations issued
17

•HR 3392 SC

1 under this subsection shall be subject to a civil penalty

2 of not to exceed $25,000.’’.

3 (5) In subsection (f)(2) strike ‘‘or exemption’’.

4 SEC. 7. VARIANCES.

5 Section 1415 of title XIV of the Public Health Serv6 ice Act (the Safe Drinking Water Act) is amended to read

7 as follows:

8 ‘‘SEC. 1415. VARIANCES.

9 ‘‘Notwithstanding any other provision of this part,

10 variances from national primary drinking water regula11 tions may be granted as follows:

12 ‘‘(1) A State which has primary enforcement

13 responsibility for public water systems may grant

14 one or more variances from an applicable national

15 primary drinking water regulation to one or more

16 public water systems within its jurisdiction.

17 ‘‘(2) A variance may only be issued if the State

18 has determined that the water system cannot afford

19 to install the BAT or other technology that has been

20 identified by the Administrator as appropriate for

21 the system size category to meet the maximum con22 taminant level, and if it is not feasible for the water

23 system to connect with another source of water that

24 will meet the standards. If the State determines that

25 a water system is unable to comply with a des-
18

•HR 3392 SC

1 ignated BAT, the system will be required to comply

2 with a best available affordable technology (BAAT)

3 as designed by the Environmental Protection Agen4 cy. Such measures may include, but not be limited

5 to, requirements for public education and notifica6 tion, and use of alternative technologies that, while

7 they cannot bring the contaminant level below the

8 maximum contaminant level, will not result in an

9 unreasonable risk to health.

10 ‘‘(3) After a variance is issued, it shall be re11 viewed by the State every 3 years to determine if the

12 conditions for granting the variance still exist. It

13 shall be the responsibility of the water system to

14 provide documentation to the State indicating that

15 current BAT for the system size is still unaffordable

16 and the system is still unable to connect with an17 other source of water that meets the standards.

18 ‘‘(4) Before a determination to grant a variance

19 is made by the State, the State shall provide notice

20 and opportunity for a public hearing on the deter21 mination. Each State that grants a variance shall

22 promptly notify the Administrator of the granting of

23 such variance. Such notification shall include the

24 reasons for the variance and the documentation used

25 to grant the variance.
19

•HR 3392 SC

1 ‘‘(5) The Administrator, in consultation with

2 the States shall develop affordability guidance within

3 18 months of enactment of the Safe Drinking Water

4 Act Amendments of 1993. Such affordability criteria

5 will be reviewed by the Administrator and States

6 every 5 years to determine if changes are needed to

7 the criteria.’’.

8 SEC. 8. EXEMPTIONS.

9 Section 1416 of title XIV of the Public Health Serv10 ice Act (the Safe Drinking Water Act) is repealed.

11 SEC. 9. RETURN OF WATER.

12 Title XIV of the Public Health Service Act (the Safe

13 Drinking Water Act) is amended by adding the following

14 after section 1417:

15 ‘‘SEC. 1418. PROHIBITION ON THE RETURN OF WATER TO

16 PUBLIC WATER SYSTEMS.

17 ‘‘(a) IN GENERAL.—

18 ‘‘(1) PROHIBITION.—Other provisions of law

19 notwithstanding, except as provided in paragraph

20 (2), no treated drinking water may be removed from

21 a public water system used for any purpose or rout22 ed through any device or pipes outside the public

23 water system, and returned to the public water

24 system.
20

•HR 3392 SC

1 ‘‘(2) EXCEPTIONS.—The prohibition in para2 graph (1) shall not apply to pipes and devices totally

3 within the control of one or more public water sys4 tems or to connections between water mains.

5 ‘‘(b) STATE ENFORCEMENT.—The requirements of

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

7 months after enactment of this section. States shall en8 force such requirements through State or local plumbing

9 codes, or such other means of enforcement as the State

10 may determine to be appropriate.’’.

11 SEC. 10. TAMPERING.

12 Section 1432 of title XIV of the Public Health Serv13 ice Act (the Safe Drinking Water Act) is amended by

14 striking subsection (d) and inserting:

15 ‘‘(d) DEFINITION OF TAMPER.—For purposes of this

16 section, the term ‘tamper’ means—

17 ‘‘(1) to introduce a contaminant into a public

18 water system with the intention of harming persons;

19 ‘‘(2) to otherwise interfere with the operation of

20 a public water system with the intention of harming

21 persons; or

22 ‘‘(3) to inject water that has gone out of a pub23 lic water system, back into such system in violation

24 of section 1418.’’.
21

•HR 3392 SC

1 SEC. 11. RESEARCH, TECHNICAL ASSISTANCE, INFORMA2 TION, AND TRAINING OF PERSONNEL.

3 Section 1442 of title XIV of the Public Health Serv4 ice Act (the Safe Drinking Water Act) is amended as

5 follows:

6 (1) In subsection (a)(1) strike ‘‘may’’ and in7 sert ‘‘shall’’.

8 (2) Before the period at the end of subsection

9 (a)(2) insert: ‘‘and for other purposes, including

10 ‘‘(i) the development and dissemination of

11 advisory measures to protect against contami12 nants which have not been found to occur in

13 drinking water at levels of public health con14 cern;

15 ‘‘(ii) assistance in achieving compliance

16 with the public notification requirements of sec17 tion 1414(c), and

18 ‘‘(iii) the development and dissemination of

19 minimum guidance for the certification of lab20 oratories that perform drinking water analyses,

21 and for the certification of individuals who op22 erate public water systems, for use by the

23 States in ensuring the validity of monitoring re24 ports by regulations issued under section 1445,

25 and the competence of system operators.’’.

26 (3) Amend subsection (f) to read as follows:
22

•HR 3392 SC

1 ‘‘(f)(1) There are authorized to be appropriated to

2 carry out the provisions of this section, other than sub3 sections (a)(1) and (a)(2)(B) and provisions relating to

4 research, $15,000,000 for the fiscal year ending June 30,

5 1975; $25,000,000 for the fiscal year ending June 30,

6 1976; $35,000,000 for the fiscal year ending June 30,

7 1977, $17,000,000 for each of the fiscal years 1978 and

8 1979; $21,405,000 for the fiscal year ending September

9 30, 1980; $30,000,000 for the fiscal year ending Septem10 ber 30, 1981, $35,000,000 for the fiscal year ending Sep11 tember 30, 1982.

12 ‘‘(2) There are authorized to be appropriated to carry

13 out the provisions of subsection (a)(1) not more than the

14 following amounts:

‘‘Fiscal Year Amount

1994 ......................................................................................... $20,000,000

1995 ......................................................................................... 20,000,000

1996 ......................................................................................... 20,000,000

1997 ......................................................................................... 20,000,000

1998 ......................................................................................... 20,000,000.

15 ‘‘(3) There are authorized to be appropriated to carry

16 out subsection (a)(2)(B) $8,000,000 for each of the fiscal

17 years 1978 through 1982. There are authorized to be ap18 propriated to carry out subsection (a)(2)(B) not more

19 than the following amounts:

‘‘Fiscal Year Amount

1987 ......................................................................................... $7,650,000

1988 ......................................................................................... 7,650,000

1989 ......................................................................................... 8,050,000

1990 ......................................................................................... 8,050,000

1991 ......................................................................................... 8,050,000.
23

•HR 3392 SC

1 ‘‘(4) There are authorized to be appropriated to carry

2 out the provisions of this section (other than subsection

3 (g), subsection (a)(1), subsection (a)(2)(B), and provisions

4 relating to research), not more than the following

5 amounts:

‘‘Fiscal Year Amount

1987 .................................................................................. $35,600,000

1988 .................................................................................. 35,600,000

1989 .................................................................................. 38,020,000

1990 .................................................................................. 38,020,000

1991 .................................................................................. 38,020,000.’’.

6 SEC. 12. GRANTS FOR STATE PROGRAMS.

7 Section 1443 of title XIV of the Public Health Serv8 ice Act (the Safe Drinking Water Act) is amended as fol9 lows:

10 (1) Amend the table in subsection (a)(7) to

11 read as follows:

‘‘Fiscal Year Amount

1987 .................................................................................. $37,200,000

1988 .................................................................................. 37,200,000

1989 .................................................................................. 40,150,000

1990 .................................................................................. 40,150,000

1991 .................................................................................. 40,150,000

1994 .................................................................................. 100,000,000

1995 .................................................................................. 125,000,000

1996 .................................................................................. 150,000,000

1997 .................................................................................. 150,000,000

1998 .................................................................................. 150,000,000.’’.

12 (2) Amend paragraph (1) of subsection (c) by

13 striking ‘‘and exemptions’’ in both places it appears

14 and by striking ‘‘and 1416’’.
24

•HR 3392 SC

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

2 Section 1445 of title XIV of the Public Health Serv3 ice Act (the Safe Drinking Water Act) is amended to read

4 as follows:

5 ‘‘SEC. 1445. RECORDS, OCCURRENCE DATA, AND INSPEC6 TIONS.

7 ‘‘(a) IN GENERAL.—(1) Every person who is a sup8 plier of water, who is or may be otherwise subject to a

9 primary drinking water regulation prescribed under sec10 tion 1412 or to an applicable underground injection con11 trol program (as defined in section 1422(c)), who is or

12 may be subject to the permit requirement of section 1424

13 or to an order issued under section 1441, or who is a

14 grantee, shall establish and maintain such records, make

15 such reports, conduct such monitoring, and provide such

16 information as the Administrator may reasonably require

17 by regulation to assist him in establishing regulations

18 under this title, in determining whether such person has

19 acted or is acting in compliance with this title, in admin20 istering any program of financial assistance under this

21 title, in evaluating the health risks of unregulated con22 taminant, or in advising the public of such risks. In requir23 ing a public water system to monitor under this sub24 section, the Administrator may take into consideration the

25 system size and the contaminants likely to be found in

26 the system’s drinking water. Compliance monitoring regu-
25

•HR 3392 SC

1 lations promulgated under this paragraph shall permit the

2 States with primary enforcement responsibility under sec3 tion 1413 to tailor monitoring requirements for any indi4 vidual public water system, or class of systems, based on

5 occurrence data and other information concerning such

6 system or class which is available to the State.

7 ‘‘(2) Not later than 18 months after enactment of

8 the Safe Drinking Water Act Amendments of 1993, the

9 Administrator shall promulgate regulations specifying a

10 monitoring program for unregulated contaminants. The

11 regulations shall require monitoring of drinking water sup12 plied by the system and shall vary the frequency and

13 schedule of monitoring requirements for systems based on

14 the number of persons served by the system, the source

15 of supply, and the contaminants likely to be found. Each

16 system required to monitor shall conduct such monitoring

17 at least once every 5 years after the effective date of the

18 Administrator’s regulations unless the Administrator re19 quires more frequent monitoring.

20 ‘‘(3) Not later than 18 months after enactment of

21 the Safe Drinking Water Act Amendments of 1993 and

22 every 5 years thereafter, the Administrator shall promul23 gate revised regulations under paragraph (2) listing not

24 more than 30 unregulated contaminants to be monitored

25 by public water systems and included in the national
26

•HR 3392 SC

1 drinking water occurrence data base maintained pursuant

2 to subsection (b) of this section. Public water system serv3 ing 10,000 or more people shall monitor for all listed con4 taminants. In addition, each State shall develop a rep5 resentative monitoring plan to assess the occurrence of un6 regulated contaminants in systems serving fewer than

7 10,000 people, which plan shall require monitoring by sys8 tems representatives of different sizes, types and geo9 graphic locations within the State. Environmental Protec10 tion Agency shall make available to the States, on request,

11 laboratory capacity to analyze samples taken pursuant to

12 the plan.

13 ‘‘(4) Public water systems conducting monitoring of

14 unregulated contaminants pursuant to this section shall

15 provide the results of such monitoring to the primary en16 forcement authority.

17 ‘‘(5) Notification of the availability of the results of

18 the monitoring programs required under paragraph (2),

19 and notification of the availability of the results of the

20 monitoring program referred to in paragraph (6), shall be

21 given to the persons served by the system and the Admin22 istrator.

23 ‘‘(6) The Administrator may waive the monitoring re24 quirement under paragraph (2) for a system which has

25 conducted a monitoring program after January 1, 1983,
27

•HR 3392 SC

1 if the Administrator determines the program to have been

2 consistent with the regulations promulgated under this

3 section.

4 ‘‘(7) Any system supplying less than 150 service con5 nections shall be treated as complying with this subsection

6 if such system provides water samples or the opportunity

7 for sampling according to rules established by the Admin8 istrator.

9 ‘‘(8) There are authorized to be appropriated

10 $30,000,000 in the fiscal year ending September 30,

11 1987, to remain available until expended to carry out the

12 provisions of this subsection.

13 ‘‘(b) OCCURRENCE DATA BASE.—Not later than 24

14 months after enactment of the Safe Drinking Water Act

15 Amendments of 1993, the Administrator shall assemble

16 and maintain a national drinking water occurrence data

17 base, using information on the occurrence of both regu18 lated and unregulated contaminants in public water supply

19 systems obtained under subsection (a) of this section, and

20 information from other public and private sources. Such

21 data shall be used by the Administrator in making any

22 determination under section 1412 with respect to the oc23 currence of any contaminant in drinking water at levels

24 of public health concern. The Administrator shall periodi25 cally solicit recommendation from the National Academy
28

•HR 3392 SC

1 of Sciences and any person may petition the Administrator

2 with respect to contaminants that should be included in

3 the national drinking water occurrence data base, includ4 ing recommendations with respect to additional unregu5 lated contaminants which should be listed in regulations

6 promulgated under paragraph (3) of subsection (a) of this

7 section.

8 ‘‘(c) ENTRY AND INSPECTION.—(1) Except as pro9 vided in paragraph (2), the Administrator, or a represent10 ative of the Administrator duly designated by him, upon

11 presenting appropriate credentials and a written notice to

12 any supplier of water or other person subject to (A) a na13 tional primary drinking water regulation prescribed under

14 section 1412, (B) and applicable underground injection

15 control program, or (C) any requirement to monitor an

16 unregulated contaminant pursuant to subsection (a), or

17 person in charge of any of the property of such supplier

18 or other person referred to in clause (A), (B), or (C), is

19 authorized to enter any establishment, facility, or other

20 property of such supplier or other person in order to deter21 mine whether such supplier or other person has acted or

22 is acting in compliance with this title, including for this

23 purpose, inspection, at reasonable times, of records, files,

24 papers, processes, controls, and facilities, or in order to

25 test any feature of a public water system, including its
29

•HR 3392 SC

1 raw water source. The Administrator or the Comptroller

2 General (or any representative designated by either) shall

3 have access for the purpose or audit and examination to

4 any records, reports, or information of a grantee which

5 are required to be maintained under subsection (a) or

6 which are pertinent to any financial assistance under this

7 title.

8 ‘‘(2) No entry may be made under the first sentence

9 of paragraph (1) in an establishment, facility, or other

10 property of a supplier of water or other person subject

11 to a national primary drinking water regulation if the es12 tablishment, facility, or other property is located in a State

13 which has primary enforcement responsibility for public

14 water systems unless, before written notice of such entry

15 is made, the Administrator (or his representative) notifies

16 the State agency charged with responsibility for safe

17 drinking water of the reasons for such entry. The Admin18 istrator shall, upon a showing by the State agency that

19 such an entry will be detrimental to the administration

20 of the State’s program of primary enforcement respon21 sibility, take such showing into consideration in determin22 ing whether to make such entry. No State agency which

23 receives notice under this paragraph of an entry proposed

24 to be made under paragraph (1) may use the information

25 contained in the notice to inform the person whose prop-
30

•HR 3392 SC

1 erty is proposed to be entered of the proposed entry; and

2 if a State agency so uses such information, notice to the

3 agency under this paragraph is not required until such

4 time as the Administrator determines the agency has pro5 vided the Administrator with satisfactory assurances that

6 it will no longer so use information contained in a notice

7 under this paragraph.

8 ‘‘(d) PENALTY.—Whoever fails or refuses to comply

9 with any requirement of subsection (a) or to allow the Ad10 ministrator, the Comptroller General, or representatives of

11 either, to enter and conduct any audit or inspection au12 thorized by subsection (b) shall be subject to a civil pen13 alty of not to exceed $25,000.

14 ‘‘(e) TRADE SECRETS.—(1) Subject to paragraph

15 (2), upon a showing satisfactory to the Administrator by

16 any person that any information required under this sec17 tion from such person, if made public, would divulge trade

18 secrets or secret processes of such person, the Adminis19 trator shall consider such information confidential in ac20 cordance with the purposes of section 1905 of title 18,

21 of the United States Code. If the applicant fails to make

22 a showing satisfactory to the Administrator, the Adminis23 trator shall give such applicant 30 days notice before re24 leasing the information to which the application relates
31

•HR 3392 SC

1 (unless the public health or safety requires an earlier re2 lease of such information).

3 ‘‘(2) Any information required under this section (A)

4 may be disclosed to other officers, employees, or author5 ized representatives of the United States concerned with

6 carrying out this title or to committees of the Congress,

7 or when relevant in any proceeding under this title and

8 (B) shall be disclosed to the extent it deals with the level

9 of contaminants in drinking water. For purposes of this

10 subsection the term ‘information required under this sec11 tion’ means any papers, books, documents, or information,

12 or any particular part thereof, reported to or otherwise

13 obtained by the Administrator under this section.

14 ‘‘(f) DEFINITION OF GRANTEE.—For purposes of

15 this section, (1) the term ‘grantee’ means any person who

16 applies for or receives financial assistance, by grant, con17 tract, or loan guarantee under this title, and (2) the term

18 ‘person’ includes a Federal agency.’’.

19 SEC. 14. JUDICIAL REVIEW.

20 Section 1448 of title XIV of the Public Health Serv21 ice Act (the Safe Drinking Water Act) is amended by

22 striking out ‘‘or exemption’’ each place it appears and by

23 striking out ‘‘or 1416’’.
32

•HR 3392 SC

1 SEC. 15. CITIZENS CIVIL ACTION.

2 Section 1449 of title XIV of the Public Health Serv3 ice Act (the Safe Drinking Water Act) is amended as

4 follows:

5 (1) Strike the period at the end of subsection

6 (b)(1)(B) and insert ‘‘; or’’ and add the following:

7 ‘‘(C) against a public water system which

8 is operating under the terms of an—

9 ‘‘(i) administrative compliance order,

10 ‘‘(ii) administrative consent agree11 ment, or

12 ‘‘(iii) judicial consent decree, and

13 is in compliance with the terms of such order,

14 agreement or decree; or’’.

15 (2) Strike ‘‘or 1416’’ and ‘‘or exemption’’ in

16 subsection (b)(2).

Æ

HR 3392 SC——2

HR 3392 SC——3