Calendar No. 412

103D CONGRESS

2D SESSION S. 2019

[Report No. 103–250]

A BILL

To reauthorize and amend title XIV of the Public

poses.‘‘Safe Drinking Water Act’’), and for other pur- Health Service Act (commonly known as the

APRIL 14 (legislative day, APRIL 11), 1994

Read twice and placed on the calendar
II

Calendar No. 412

103D CONGRESS

2D SESSION S. 2019

[Report No. 103–250]

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

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

IN THE SENATE OF THE UNITED STATES

APRIL 14 (legislative day, APRIL 11), 1994

Mr. BAUCUS, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the

calendar

A BILL

To reauthorize and amend title XIV of the Public Health

Service Act (commonly known as the ‘‘Safe Drinking

Water Act’’), and for other purposes.

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

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

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

6 ‘‘Safe Drinking Water Act Amendments of 1994’’.
2

•S 2019 PCS

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

2 this Act is as follows:

Sec. 1. Short title; table of contents; references.

Sec. 2. Findings.

Sec. 3. State revolving loan funds.

Sec. 4. National drinking water regulations.

Sec. 5. Small systems programs.

Sec. 6. Enforcement of drinking water regulations.

Sec. 7. Control of lead in drinking water and prohibition on certain return

flows.

Sec. 8. Radon in drinking water.

Sec. 9. Source water protection programs.

Sec. 10. Emergency powers.

Sec. 11. Drinking water research, education, and certification.

Sec. 12. State drinking water program funding.

Sec. 13. Information and inspections.

Sec. 14. Federal agencies.

Sec. 15. Assessing environmental priorities, costs, and benefits.

Sec. 16. Other amendments.

3 (c) REFERENCES TO TITLE XIV OF THE PUBLIC

4 HEALTH SERVICE ACT.—Except as otherwise expressly

5 provided, whenever in this Act an amendment or repeal

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

7 a section or other provision, the reference shall be consid8 ered to be made to a section or other provision of title

9 XIV of the Public Health Service Act (commonly known

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

11 seq.).

12 SEC. 2. FINDINGS.

13 Congress finds that—

14 (1) safe drinking water is essential to the pro15 tection of public health;
3

•S 2019 PCS

1 (2) the Federal Government needs to assist

2 communities in the financing of drinking water

3 treatment and related projects;

4 (3) small drinking water systems need addi5 tional technical assistance and information from

6 State and Federal agencies to ensure the provision

7 of safe and affordable drinking water;

8 (4) the existing process for the assessment and

9 regulation of additional drinking water contaminants

10 needs to be improved and revised to provide for

11 more extensive participation from interested parties

12 and to strengthen the scientific basis for drinking

13 water regulations;

14 (5) States play a central role in the implemen15 tation of safe drinking water programs and States

16 need increased financial resources to ensure the

17 prompt and effective development and implementa18 tion of drinking water programs; and

19 (6) there is substantial noncompliance with re20 quirements of the Safe Drinking Water Act (42

21 U.S.C. 300f et seq.) and Federal and State agencies

22 need more effective authorities to ensure the imple23 mentation of the Act.
4

•S 2019 PCS

1 SEC. 3. STATE REVOLVING LOAN FUNDS.

2 (a) ESTABLISHMENT OF STATE LOAN FUNDS.—The

3 title (42 U.S.C. 300f et seq.) is amended by adding at

4 the end the following new part:

5 ‘‘PART G—STATE REVOLVING LOAN FUNDS

6 ‘‘GENERAL AUTHORITY

7 ‘‘SEC. 1471. (a) CAPITALIZATION GRANT AGREE8 MENTS.—The Administrator shall offer to enter into an

9 agreement with each State to make capitalization grants

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

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

12 water treatment State revolving loan fund (referred to in

13 this part as a ‘State loan fund’).

14 ‘‘(b) REQUIREMENTS OF AGREEMENTS.—An agree15 ment entered into pursuant to this section shall establish,

16 to the satisfaction of the Administrator, that—

17 ‘‘(1) the State has established a State loan fund

18 that complies with the requirements of this part;

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

20 an instrumentality of the State that has the powers

21 and authorities that are required to operate the

22 State loan fund in accordance with this part;

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

24 grants into the State loan fund;

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

26 received, and interest earned on the amounts depos-
5

•S 2019 PCS

1 ited into the State loan fund under this part, into

2 the State loan fund;

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

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

5 total amount of each payment to be made to the

6 State on or before the date on which the payment

7 is made to the State;

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

9 fund in accordance with an intended use plan pre10 pared pursuant to section 1474(b);

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

12 funds that the State makes available from the State

13 loan fund will use accounting, audit, and fiscal pro14 cedures that conform to generally accepted account15 ing standards, as determined by the Administrator;

16 and

17 ‘‘(8) the State has adopted policies and proce18 dures to ensure that loan recipients are reasonably

19 likely to be able to repay a loan.

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

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

22 assistance priorities and carry out oversight and re23 lated activities (other than financial administration)

24 with respect to financial assistance provided with

25 amounts deposited into the State loan fund shall re-
6

•S 2019 PCS

1 main with the State agency that has primary re2 sponsibility for the administration of the State pro3 gram pursuant to section 1413(a), after consultation

4 with other appropriate State agencies.

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

6 may combine the financial administration of the

7 State loan fund pursuant to this part with the finan8 cial administration of a State water pollution control

9 revolving fund established by the State pursuant to

10 title VI of the Federal Water Pollution Control Act

11 (33 U.S.C. 1381 et seq.) if the Administrator deter12 mines that the grants to be provided to the State

13 under this part, together with loan repayments and

14 interest deposited into the State loan fund pursuant

15 to this part, will be separately accounted for and

16 used solely for the purposes specified in this part.

17 ‘‘(3) TRANSFER OF FUNDS.—

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

19 other provision of law, a Governor of a State

20 may—

21 ‘‘(i) reserve up to 50 percent of a cap22 italization grant made pursuant to section

23 1472 and add the funds reserved to any

24 funds provided to the State pursuant to
7

•S 2019 PCS

1 section 601 of the Federal Water Pollution

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

3 ‘‘(ii) reserve up to 50 percent of a

4 capitalization grant made pursuant to sec5 tion 601 of such Act (33 U.S.C. 1381) and

6 add the reserved funds to any funds pro7 vided to the State pursuant to section

8 1472.

9 ‘‘(B) STATE MATCH.—Funds reserved pur10 suant to this paragraph shall not be considered

11 a State match of a capitalization grant required

12 pursuant to this title or the Federal Water Pol13 lution Control Act (33 U.S.C. 1251 et seq.).

14 ‘‘CAPITALIZATION GRANTS

15 ‘‘SEC. 1472. (a) GENERAL AUTHORITY.—The Ad16 ministrator may make grants to capitalize State loan

17 funds to a State that has entered into an agreement pur18 suant to section 1471.

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

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

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

22 out this part shall be allotted to States that have en23 tered into an agreement pursuant to section 1471 in

24 accordance with—

25 ‘‘(A) for each of fiscal years 1994 through

26 1997, a formula that is the same as the for-
8

•S 2019 PCS

1 mula used to distribute public water system su2 pervision grant funds under section 1443 in fis3 cal year 1994, except that the formula shall be

4 adjusted to include a minimum proportionate

5 share for the State of Wyoming; and

6 ‘‘(B) for each of fiscal years 1998 through

7 2000, a formula that allocates to each State the

8 proportional share of the State needs identified

9 in the most recent survey conducted pursuant

10 to section 1475(c), except that the minimum

11 proportion provided to each State shall be the

12 same as the minimum proportion provided

13 under subparagraph (A).

14 ‘‘(2) OTHER JURISDICTIONS.—The formula es15 tablished pursuant to paragraph (1) shall reserve a

16 total of not less than 0.5 percent of the amounts

17 made available to carry out this part for a fiscal

18 year for providing direct grants to the jurisdictions,

19 other than Indian tribes, referred to in subsection

20 (f).

21 ‘‘(c) RESERVATION OF FUNDS FOR INDIAN

22 TRIBES.—

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

24 to the allotment of funds made available to carry out

25 this part, the Administrator shall reserve 1.5 percent
9

•S 2019 PCS

1 of the funds for providing financial assistance to In2 dian tribes pursuant to subsection (f).

3 ‘‘(2) USE OF FUNDS.—Funds reserved pursu4 ant to paragraph (1) shall be used to address the

5 most significant threats to public health associated

6 with public water systems that serve Indian tribes,

7 as determined by the Administrator in consultation

8 with the Commissioner of Indian Affairs.

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

10 in consultation with the Commissioner of Indian Af11 fairs, shall, in accordance with a schedule that is

12 consistent with the needs surveys conducted pursu13 ant to section 1475(c), prepare surveys and assess

14 the needs of drinking water treatment facilities to

15 serve Indian tribes, including an evaluation of the

16 public water systems that pose the most significant

17 threats to public health.

18 ‘‘(d) TECHNICAL ASSISTANCE FOR SMALL SYS19 TEMS.—

20 ‘‘(1) DEFINITIONS.—As used in this subsection:

21 ‘‘(A) SMALL SYSTEM.—The term ‘small

22 system’ means a public water system that

23 serves a population of 10,000 or less.

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

25 ‘technical assistance’ means assistance provided
10

•S 2019 PCS

1 by a State to a small system, including assist2 ance to potential loan recipients and assistance

3 for planning and design related to the develop4 ment and implementation of a source water

5 protection plan, alternative supplies of drinking

6 water, restructuring or consolidation of a small

7 system, and treatment to comply with a na8 tional primary drinking water regulation.

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

10 technical assistance pursuant to this subsection,

11 each State may reserve from capitalization grants

12 received in any year an amount that does not exceed

13 the greater of—

14 ‘‘(A) an amount equal to 2 percent of the

15 amount of the capitalization grants received by

16 the State pursuant to this section; or

17 ‘‘(B) $300,000.

18 ‘‘(e) ALLOTMENT PERIOD.—

19 ‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL

20 ASSISTANCE.—

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

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

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

24 be available to the State for obligation during
11

•S 2019 PCS

1 the fiscal year for which the sums are author2 ized and during the following fiscal year.

3 ‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL

4 YEAR 1994.—The sums allotted to a State pur5 suant to subsection (b) from funds that are

6 made available by appropriations for fiscal year

7 1994 shall be available to the State for obliga8 tion during each of fiscal years 1994 through

9 1996.

10 ‘‘(2) REALLOTMENT OF UNOBLIGATED

11 FUNDS.—Prior to obligating new allotments made

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

13 each State shall obligate funds accumulated from

14 loan repayments and interest earned on amounts de15 posited in a State loan fund. The amount of any al16 lotment that is not obligated by a State by the last

17 day of the period of availability established by para18 graph (1) shall be immediately reallotted by the Ad19 ministrator on the basis of the same ratio as is ap20 plicable to sums allotted under subsection (b). None

21 of the funds reallotted by the Administrator shall be

22 reallotted to any State that has not obligated all

23 sums allotted to the State pursuant to this section

24 during the period that the sums were available for

25 obligation.
12

•S 2019 PCS

1 ‘‘(f) DIRECT GRANTS.—The Administrator is author2 ized to make grants for the improvement of public water

3 systems of Indian tribes, the District of Columbia, the

4 United States Virgin Islands, the Commonwealth of the

5 Northern Mariana Islands, American Samoa, Guam, and

6 the Republic of Palau (pending the entry into full force

7 and effect of the Compact of Free Association between the

8 United States and the Republic of Palau).

9 ‘‘(g) VIABILITY.—Beginning in fiscal year 1998, the

10 Administrator shall withhold 50 percent of each capitaliza11 tion grant made pursuant to this section to a State if the

12 Administrator has not approved a viability program pursu13 ant to section 1418(c) for the State.

14 ‘‘ELIGIBLE ASSISTANCE

15 ‘‘SEC. 1473. (a) IN GENERAL.—The amounts depos16 ited into a State loan fund, including any amounts equal

17 to the amounts of loan repayments and interest earned

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

19 carry out projects that are consistent with this section.

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

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

22 into a State loan fund shall be used only for provid23 ing financial assistance for capital expenditures (ex24 cluding the cost of land acquisition, unless the cost

25 is incurred to acquire land for the construction of a

26 treatment facility) for—
13

•S 2019 PCS

1 ‘‘(A) capital expenditures for a project that

2 will facilitate compliance with national primary

3 drinking water regulations promulgated pursu4 ant to section 1412;

5 ‘‘(B) capital expenditures for a project that

6 will facilitate the consolidation of public water

7 systems or the use of an alternative source of

8 water supply;

9 ‘‘(C) capital expenditures for a project that

10 will upgrade a drinking water treatment sys11 tem; and

12 ‘‘(D) capital expenditures for the develop13 ment of a public water system to replace private

14 drinking water supplies if the water poses a sig15 nificant threat to human health.

16 ‘‘(2) CONSOLIDATION.—No assistance under

17 this part shall be provided to a public water system

18 for a project for which the State determines that

19 consolidation is appropriate other than assistance for

20 consolidation.

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

22 loan fund may provide financial assistance only to commu23 nity water systems and publicly owned and nonprofit

24 noncommunity water systems.
14

•S 2019 PCS

1 ‘‘(d) TYPES OF ASSISTANCE.—Except as otherwise

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

3 loan fund under this section may be used only—

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

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

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

8 ‘‘(B) principal and interest payments on

9 each loan will commence not later than 1 year

10 after completion of the project for which the

11 loan was made and each loan will be fully amor12 tized not later than 20 years after the comple13 tion of the project, except that in the case of a

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

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

18 that is 30 years after the date of project

19 completion; and

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

22 ‘‘(C) the recipient of each loan will estab23 lish a dedicated source of revenue for the repay24 ment of the loan; and
15

•S 2019 PCS

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

2 with all payments of principal and interest on

3 each loan;

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

5 a municipality or an intermunicipal or interstate

6 agency within the State at an interest rate that is

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

8 case in which a debt obligation is incurred after Oc9 tober 14, 1993, or to refinance a debt obligation for

10 a project constructed to comply with a regulation es11 tablished pursuant to an amendment to this title

12 made by the Safe Drinking Water Act Amendments

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

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

15 local obligation if the guarantee or purchase would

16 improve credit market access or reduce the interest

17 rate applicable to the obligation;

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

19 payment of principal and interest on revenue or gen20 eral obligation bonds issued by the State if the pro21 ceeds of the sale of the bonds will be deposited into

22 the State loan fund;

23 ‘‘(5) as a source of revenue or security for the

24 payment of interest on a local obligation; and
16

•S 2019 PCS

1 ‘‘(6) to earn interest on the amounts deposited

2 into the State loan fund.

3 ‘‘(e) ASSISTANCE FOR DISADVANTAGED COMMU4 NITIES.—

5 ‘‘(1) DEFINITION OF DISADVANTAGED COMMU6 NITY.—As used in this subsection, the term ‘dis7 advantaged community’ means the service area of a

8 public water system that meets affordability criteria

9 established after public review and comment by the

10 State in which the public water system is located.

11 The Administrator may publish information to assist

12 States in establishing affordability criteria.

13 ‘‘(2) LOAN SUBSIDY.—Notwithstanding sub14 section (d), in any case in which the State makes a

15 loan pursuant to subsection (d) to a disadvantaged

16 community or to a community that the State expects

17 to become a disadvantaged community as the result

18 of a proposed project, the State may provide such

19 additional subsidization (including forgiveness of

20 principal) for projects for the community as nec21 essary to ensure conformity with affordability cri22 teria established by the State.

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

24 fiscal year, the total amount of loan subsidies made

25 by a State pursuant to paragraph (2) may not ex-
17

•S 2019 PCS

1 ceed 30 percent of the amount of the capitalization

2 grant received by the State for the year.

3 ‘‘STATE LOAN FUND ADMINISTRATION

4 ‘‘SEC. 1474. (a) ADMINISTRATION, TECHNICAL AS5 SISTANCE, AND MANAGEMENT.—

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

7 State loan fund is authorized to expend from the

8 State loan fund a reasonable amount not to exceed

9 4 percent of the capitalization grant made to the

10 State, for the costs of the administration of the

11 State loan fund.

12 ‘‘(2) STATE PROGRAM MANAGEMENT ASSIST13 ANCE.—

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

15 loan fund is authorized to expend from the

16 State loan fund an amount, determined pursu17 ant to this paragraph, to carry out the public

18 water system supervision program in the State.

19 ‘‘(B) LIMITATION.—Amounts expended

20 pursuant to this paragraph in a fiscal year may

21 not exceed the amount that is equal to the per22 centage specified in subparagraph (C) of the

23 amount that is the difference between the grant

24 funds available to the State in the fiscal year

25 pursuant to section 1443(a) (including non26 Federal funds matching the grant funds) and
18

•S 2019 PCS

1 the amounts identified in the public water sys2 tem supervision resource model established pur3 suant to section 1443, including State source

4 water protection programs established pursuant

5 to section 1429.

6 ‘‘(C) PERCENTAGE.—The percentage re7 ferred to in subparagraph (B) shall be—

8 ‘‘(i) 50 percent in fiscal year 1995;

9 ‘‘(ii) 100 percent in each of fiscal

10 years 1996, 1997, and 1998; and

11 ‘‘(iii) 50 percent in fiscal year 1999.

12 ‘‘(D) STATE FUNDS.—Funds may not be

13 expended pursuant to this paragraph unless the

14 Administrator determines that—

15 ‘‘(i) the amount of State funds sup16 porting the water supply supervision pro17 gram is not less than the amount of State

18 funds provided in fiscal year 1993; and

19 ‘‘(ii) in fiscal year 1999, funding for

20 the water supply supervision program in

21 the State (including funding provided pur22 suant to this paragraph) will be at a level

23 that is no less than the level specified in

24 the resource model established pursuant to

25 section 1443.
19

•S 2019 PCS

1 ‘‘(b) INTENDED USE PLANS.—

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

3 review and comment, each State that has entered

4 into a capitalization agreement pursuant to this part

5 shall annually prepare a plan that identifies the in6 tended uses of the amounts available to its State

7 loan fund.

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

9 include—

10 ‘‘(A) a list of the projects to be assisted in

11 the first fiscal year that begins after the date

12 of the plan, including a description of the

13 project, the expected terms of financial assist14 ance, and the size of the community served;

15 ‘‘(B) the criteria and methods established

16 for the distribution of funds;

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

18 the State loan fund and the short-term and

19 long-term goals of the State loan fund;

20 ‘‘(D) to the maximum extent practicable, a

21 description of all projects for which public

22 water systems sought financial assistance for

23 the fiscal year and the per household costs for

24 drinking water for the systems; and
20

•S 2019 PCS

1 ‘‘(E) to the maximum extent practicable, a

2 description of projects expected to be assisted in

3 the 2 fiscal years following the fiscal year for

4 which a list was prepared under subparagraph

5 (A).

6 ‘‘(3) USE OF FUNDS.—An intended use plan

7 shall provide, to the maximum extent practicable,

8 that priority for the use of funds be given to those

9 projects that address the most serious risk to human

10 health and that assist systems most in need on a per

11 household basis according to State affordability cri12 teria.

13 ‘‘STATE LOAN FUND MANAGEMENT

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

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

16 thereafter, the Administrator shall conduct such reviews

17 and audits as the Administrator considers appropriate, or

18 require each State to have the reviews and audits inde19 pendently conducted, in accordance with the single audit

20 requirements of chapter 75 of title 31, United States

21 Code.

22 ‘‘(b) STATE REPORTS.—Not later than 1 year after

23 the date of enactment of this part, and annually there24 after, each State that administers a State loan fund shall

25 publish and submit to the Administrator a report on the
21

•S 2019 PCS

1 activities of the State under this part, including the find2 ings of the most recent audit of the State loan fund.

3 ‘‘(c) DRINKING WATER NEEDS SURVEY AND ASSESS4 MENT.—Not later than 2 years after the date of enact5 ment of this part, and every 4 years thereafter, the Ad6 ministrator shall submit to Congress a survey and assess7 ment of the needs for facilities in each State eligible for

8 assistance under this part. The survey and assessment

9 conducted pursuant to this subsection shall—

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

11 facilities eligible for assistance under this part on

12 the date of the assessment (other than refinancing

13 for a project pursuant to section 1473(d)(2));

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

15 over the 20-year period following the date of the as16 sessment;

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

18 served by public water systems with needs identified

19 pursuant to paragraph (1); and

20 ‘‘(4) include such other information as the Ad21 ministrator determines to be appropriate.

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

23 an evaluation of the effectiveness of the State loan funds

24 through fiscal year 1996. The evaluation shall be submit25 ted to Congress at the same time as the President submits
22

•S 2019 PCS

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

2 States Code, an appropriations request for fiscal year

3 1998 relating to the budget of the Environmental Protec4 tion Agency.

5 ‘‘ENFORCEMENT

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

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

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

9 funds, shall not alter the obligation of the system to com10 ply in a timely manner with all applicable drinking water

11 standards and requirements of this title.

12 ‘‘LABOR STANDARDS

13 ‘‘SEC. 1477. (a) IN GENERAL.—The Administrator

14 shall take such action as is necessary to ensure that all

15 laborers and mechanics employed by contractors or sub16 contractors of projects for which financial assistance is

17 provided under this part (including any assistance derived

18 from repayments to the State loan fund) shall be paid

19 wages at rates not less than the prevailing rates for the

20 same type of work on similar construction in the imme21 diate locality, as determined by the Secretary of Labor in

22 accordance with the Act entitled ‘An Act relating to the

23 rate of wages for laborers and mechanics employed on

24 public buildings of the United States and the District of

25 Columbia by contractors and subcontractors, and for other
23

•S 2019 PCS

1 purposes’, approved March 3, 1931 (commonly known as

2 the ‘Davis-Bacon Act’) (40 U.S.C. 276a et seq.).

3 ‘‘(b) AUTHORITY AND FUNCTIONS.—With respect to

4 the labor standards described in subsection (a), the Sec5 retary of Labor shall have the authority and functions set

6 forth in Reorganization Plan Numbered 14 of 1950 (15

7 Fed. Reg. 3176) and section 2 of the Act of June 13,

8 1934 (48 Stat. 948, chapter 482; 40 U.S.C. 276c).

9 ‘‘REGULATIONS AND GUIDANCE

10 ‘‘SEC. 1478. The Administrator shall publish such

11 guidance and promulgate such regulations as are nec12 essary to carry out this part, including guidance and regu13 lations to ensure that—

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

15 from State loan funds in accordance with the re16 quirements of this part and applicable Federal and

17 State laws; and

18 ‘‘(2) the States and eligible public water sys19 tems that receive funds under this part use account20 ing, audit, and fiscal procedures that conform to

21 generally accepted accounting standards.

22 ‘‘AUTHORIZATION OF APPROPRIATIONS

23 ‘‘SEC. 1479. There are authorized to be appropriated

24 to the Environmental Protection Agency to carry out this

25 part $600,000,000 for fiscal year 1994 and
24

•S 2019 PCS

1 $1,000,000,000 for each of fiscal years 1995 through

2 2000.’’.

3 (b) DEFINITIONS.—Section 1401 (42 U.S.C. 300f) is

4 amended—

5 (1) in paragraph (13)—

6 (A) by striking ‘‘The’’ and inserting ‘‘(A)

7 Except as provided in subparagraph (B), the’’;

8 and

9 (B) by adding at the end the following new

10 subparagraph:

11 ‘‘(B) For purposes of part G, the term ‘State’

12 means each of the 50 States and the Commonwealth

13 of Puerto Rico.’’;

14 (2) in paragraph (14), by adding at the end the

15 following new sentence: ‘‘For purposes of part G, the

16 term includes any Native village, as defined in sec17 tion 3(c) of the Alaska Native Claims Settlement

18 Act (43 U.S.C. 1602(c)).’’; and

19 (3) by adding at the end the following new

20 paragraphs:

21 ‘‘(15) The term ‘community water system’

22 means a public water system that—

23 ‘‘(A) serves at least 15 service connections

24 used by year-round residents of the area served

25 by the system; or
25

•S 2019 PCS

1 ‘‘(B) regularly serves at least 25 year2 round residents.

3 ‘‘(16) The term ‘noncommunity water system’

4 means a public water system that is not a commu5 nity water system.’’.

6 SEC. 4. NATIONAL DRINKING WATER REGULATIONS.

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

8 1(b)) is amended by striking ‘‘(b)(1)’’ and all that follows

9 through the end of paragraph (2) and inserting the follow10 ing:

11 ‘‘(b) STANDARD SETTING SCHEDULES AND DEAD12 LINES.—

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) GOALS AND REGULATIONS FOR CER15 TAIN CONTAMINANTS.—In the case of those

16 contaminants listed in the Advance Notice of

17 Proposed Rulemaking published in volume 47,

18 Federal Register, page 9352, and in volume 48,

19 Federal Register, page 45502, the Adminis20 trator shall publish maximum contaminant level

21 goals and promulgate national primary drinking

22 water regulations—

23 ‘‘(i) not later than 12 months after

24 June 19, 1986, for not less than 9 of the

25 listed contaminants;
26

•S 2019 PCS

1 ‘‘(ii) not later than 24 months after

2 June 19, 1986, for not less than 40 of the

3 listed contaminants; and

4 ‘‘(iii) not later than 36 months after

5 June 19, 1986, for the remainder of the

6 listed contaminants.

7 ‘‘(B) SUBSTITUTION OF CONTAMINANTS.—

8 If the Administrator identifies a drinking water

9 contaminant the regulation of which, in the

10 judgment of the Administrator, is more likely to

11 be protective of public health (taking into ac12 count the schedule for regulation under sub13 paragraph (A)), the Administrator may publish

14 a maximum contaminant level goal and promul15 gate a national primary drinking water regula16 tion for the identified contaminant in lieu of

17 regulating the contaminant referred to in such

18 subparagraph. There may be no more than 7

19 contaminants in subparagraph (A) for which

20 substitutions may be made. Regulation of a

21 contaminant identified under this subparagraph

22 shall be in accordance with the schedule appli23 cable to the contaminant for which the substi24 tution is made.
27

•S 2019 PCS

1 ‘‘(2) DISINFECTANTS AND DISINFECTION BY2 PRODUCTS.—

3 ‘‘(A) PROPOSED GOALS AND REGULA4 TION.—Not later than May 31, 1994, the Ad5 ministrator shall propose maximum contami6 nant level goals or maximum residual disinfect7 ant level goals, and a national primary drinking

8 water regulation, for disinfectants and disinfec9 tion byproducts (including maximum residual

10 disinfectant levels). The Administrator shall

11 also propose an interim enhanced surface water

12 treatment rule for systems serving a population

13 of more than 10,000 that includes a maximum

14 contaminant level goal for cryptosporidium. The

15 proposed regulation shall be consistent with the

16 ‘Disinfection and Disinfection Byproducts Ne17 gotiated Rulemaking Committee Agreement’.

18 ‘‘(B) STAGE I REGULATION.—Not later

19 than December 31, 1996, the Administrator

20 shall, after notice and opportunity for public

21 comment, publish maximum contaminant level

22 goals or maximum residual disinfectant level

23 goals, and promulgate a revised national pri24 mary drinking water regulation for disinfectants

25 and disinfection byproducts (including maxi-
28

•S 2019 PCS

1 mum residual disinfectant levels) and an in2 terim enhanced surface water treatment rule for

3 systems serving a population of more than

4 10,000 for microbial contaminants, including

5 cryptosporidium.

6 ‘‘(C) INFORMATION COLLECTION RULE.—

7 Not later than July 29, 1994, the Adminis8 trator shall, after notice and opportunity for

9 comment, promulgate an information collection

10 rule to obtain information that will facilitate

11 further revisions to the national primary drink12 ing water regulation for disinfectants and dis13 infection byproducts, including information on

14 microbial contaminants such as

15 cryptosporidium.

16 ‘‘(D) PROPOSED RULE.—Not later than

17 June 30, 1997, the Administrator shall propose

18 a long-term enhanced surface water treatment

19 rule for all public water systems (including any

20 appropriate revisions to the interim regulations

21 for public water systems serving a population of

22 more than 10,000) promulgated pursuant to

23 subparagraph (B).

24 ‘‘(E) FINAL RULE.—Not later than De25 cember 31, 1998, the Administrator shall pro-
29

•S 2019 PCS

1 mulgate a long-term enhanced surface water

2 treatment rule for all public water systems (in3 cluding any appropriate revisions to the interim

4 regulations for public water systems serving a

5 population of more than 10,000) promulgated

6 pursuant to subparagraph (B).

7 ‘‘(F) STAGE II REGULATION.—Not later

8 than June 30, 2000, the Administrator shall,

9 after notice and opportunity for comment, pro10 mulgate a revised national primary drinking

11 water regulation for disinfectants and disinfec12 tion byproducts taking into account the infor13 mation collected under subparagraph (C). To

14 the extent practicable, the Administrator shall

15 develop the revised national primary drinking

16 water regulation through the negotiated rule17 making procedure provided for under sub18 chapter III of chapter 5 of title 5, United

19 States Code.’’.

20 (b) FILTRATION TECHNOLOGY FOR SMALL SYS21 TEMS.—Section 1412(b)(7)(C) (42 U.S.C. 300g–

22 1(b)(7)(C) is amended by adding at the end the following

23 new clause:

24 ‘‘(v) FILTRATION TECHNOLOGY FOR

25 SMALL SYSTEMS.—At the same time as the
30

•S 2019 PCS

1 Administrator proposes a regulation pursu2 ant to paragraph (2)(A), the Administrator

3 shall propose a regulation that describes

4 treatment techniques that meet the re5 quirements for filtration pursuant to this

6 subparagraph and are feasible for commu7 nity water systems serving a population of

8 3,300 or less and noncommunity water

9 systems.’’.

10 (c) IDENTIFICATION OF CONTAMINANTS FOR LIST11 ING.—Paragraph (3) of section 1412(b) (42 U.S.C. 300g–

12 1(b)(3)) is amended to read as follows:

13 ‘‘(3) IDENTIFICATION OF CONTAMINANTS FOR

14 LISTING.—

15 ‘‘(A) GENERAL AUTHORITY.—The Admin16 istrator shall publish a maximum contaminant

17 level goal, and promulgate a national primary

18 drinking water regulation, for each contaminant

19 (other than a contaminant referred to in para20 graph (1) or (2) for which a national primary

21 drinking water regulation has been promul22 gated) if, in the judgment of the Administrator,

23 the contaminant may have an adverse effect on

24 the health of persons and the contaminant is

25 known or anticipated to occur in public water
31

•S 2019 PCS

1 systems with a frequency and at levels of public

2 health concern.

3 ‘‘(B) CONTAMINANTS TO BE CONSID4 ERED.—

5 ‘‘(i) INITIAL LIST.—Not later than 3

6 years after the date of enactment of the

7 Safe Drinking Water Act Amendments of

8 1994, the Administrator shall publish a list

9 of not fewer than 15 contaminants that, in

10 the judgment of the Administrator, present

11 the greatest public health concern, based

12 on available information with respect to

13 the adverse health effects associated with

14 the contaminants and the known or antici15 pated occurrence of the contaminants in

16 public water systems.

17 ‘‘(ii) SUBSEQUENT LISTS.—Not later

18 than 5 years after the date of publication

19 of the initial list under clause (i), and

20 every 5 years thereafter, the Administrator

21 shall publish a list of not fewer than 7 ad22 ditional contaminants meeting the criteria

23 set forth in clause (i).

24 ‘‘(iii) COMMENT.—The Administrator

25 shall seek comment on each of the lists re-
32

•S 2019 PCS

1 quired under clauses (i) and (ii) prior to

2 publication of each list from officials of

3 State and local governments, operators of

4 public water systems, the scientific commu5 nity, and the general public.

6 ‘‘(iv) LIST OF CONTAMINANTS.—Each

7 of the contaminants listed pursuant to

8 clause (ii) shall be on the list of contami9 nants established pursuant to section

10 1445(a)(2)(B).

11 ‘‘(v) PROPOSED WORK PLANS.—Pro12 posed work plans, including schedules and

13 milestones, for meeting the requirements of

14 subparagraphs (C), (D), and (E) shall be

15 published at the time a list is published

16 under this subparagraph.

17 ‘‘(C) PROPOSED GOAL AND REGULA18 TION.—Not later than 18 months after the date

19 on which a contaminant has been listed pursu20 ant to subparagraph (B), the Administrator

21 shall publish a maximum contaminant level

22 goal, and propose a national primary drinking

23 water regulation, for the contaminant, unless

24 the Administrator determines that—
33

•S 2019 PCS

1 ‘‘(i) adequate data are not available to

2 develop the regulation; or

3 ‘‘(ii) the contaminant does not meet

4 the criteria for regulation established in

5 subparagraph (A).

6 A determination that adequate data are not

7 available, or that the contaminant does not

8 meet the criteria for regulation, shall be a final

9 agency action for purposes of section 1448.

10 ‘‘(D) FINAL WORK PLAN FOR INFORMA11 TION.—Not later than 18 months after the date

12 on which a contaminant is listed pursuant to

13 subparagraph (B) and for each of the contami14 nants for which a national primary drinking

15 water regulation is not proposed pursuant to

16 subparagraph (C)(i), the Administrator shall

17 publish a final work plan with respect to the

18 contaminant for collecting information and con19 ducting studies necessary for development of a

20 national primary drinking water regulation for

21 the contaminant.

22 ‘‘(E) PUBLICATION OF GOAL AND REGULA23 TION OR DETERMINATION.—After the comple24 tion of studies for a contaminant identified in

25 a work plan under subparagraph (D), but not
34

•S 2019 PCS

1 later than 5 years after a contaminant is first

2 listed under subparagraph (B), the Adminis3 trator shall publish—

4 ‘‘(i) a maximum contaminant level

5 goal and propose a national primary drink6 ing water regulation for the contaminant;

7 or

8 ‘‘(ii) a determination that the con9 taminant does not meet the criteria for

10 regulation under subparagraph (A).

11 A determination under clause (ii) shall be a

12 final agency action for purposes of section

13 1448.

14 ‘‘(F) ISSUANCE OF REGULATIONS.—The

15 Administrator shall promulgate a national pri16 mary drinking water regulation for each con17 taminant for which a regulation is proposed

18 under this paragraph not later than 24 months

19 after the date on which the regulation is pro20 posed.

21 ‘‘(G) URGENT THREATS TO PUBLIC

22 HEALTH.—The Administrator may promulgate

23 a national primary drinking water regulation

24 for a contaminant using procedures other than

25 the procedures specified in subparagraphs (B)
35

•S 2019 PCS

1 through (F) to address an urgent threat to

2 public health.

3 ‘‘(H) MONITORING DATA AND OTHER IN4 FORMATION.—The Administrator may require,

5 in accordance with section 1445(a)(2), the sub6 mission of monitoring data and other informa7 tion necessary for the development of studies,

8 work plans, or national primary drinking water

9 regulations.

10 ‘‘(I) NATIONAL DRINKING WATER OCCUR11 RENCE DATA BASE.—

12 ‘‘(i) IN GENERAL.—Not later than 3

13 years after the date of enactment of the

14 Safe Drinking Water Act Amendments of

15 1994, the Administrator shall assemble

16 and maintain a national drinking water oc17 currence data base, using information on

18 the occurrence of both regulated and un19 regulated contaminants in public water

20 systems obtained under section 1445(a)

21 and information from other public and pri22 vate sources.

23 ‘‘(ii) USE.—The data shall be used by

24 the Administrator in making determina25 tions under this section with respect to the
36

•S 2019 PCS

1 occurrence of a contaminant in drinking

2 water at a level of public health concern.

3 ‘‘(iii) PUBLIC RECOMMENDATIONS.—

4 The Administrator shall periodically solicit

5 recommendations from the appropriate of6 ficials of the National Academy of

7 Sciences, and any person may submit rec8 ommendations to the Administrator, with

9 respect to contaminants that should be in10 cluded in the national drinking water oc11 currence data base, including recommenda12 tions with respect to additional unregu13 lated contaminants that should be listed

14 under section 1445(a)(2).

15 ‘‘(iv) PUBLIC AVAILABILITY.—The in16 formation from the data base shall be

17 available to the public in readily accessible

18 form.

19 ‘‘(v) REGULATED CONTAMINANTS.—

20 With respect to each contaminant for

21 which a national primary drinking water

22 regulation has been established, the data

23 base shall include information on the de24 tection of the contaminant at a quantifi25 able level in public water systems (includ-
37

•S 2019 PCS

1 ing detection of the contaminant at levels

2 not constituting a violation of the maxi3 mum contaminant level for the contami4 nant).

5 ‘‘(vi) UNREGULATED CONTAMI6 NANTS.—With respect to contaminants for

7 which a national primary drinking water

8 regulation has not been established, the

9 data base shall include—

10 ‘‘(I) monitoring information col11 lected by public water systems that

12 serve a population of more than

13 10,000, as required by the Adminis14 trator under section 1445;

15 ‘‘(II) monitoring information col16 lected by the States from a represent17 ative sampling of public water systems

18 that serve a population of 10,000 or

19 less; and

20 ‘‘(III) other appropriate monitor21 ing information on the occurrence of

22 the contaminants in public water sys23 tems that is available to the Adminis24 trator.
38

•S 2019 PCS

1 ‘‘(J) PRIOR REQUIREMENTS.—The require2 ments of subparagraph (C) of this paragraph

3 (as it existed before the amendment made by

4 section 4(b) of the Safe Drinking Water Act

5 Amendments of 1994), and any obligations to

6 promulgate regulations not promulgated as of

7 the date of enactment of such Act, are super8 seded by this paragraph and paragraph (2).’’.

9 (d) GOALS AND STANDARDS.—Section 1412(b)(4)

10 (42 U.S.C. 300g–1(b)(4)) is amended—

11 (1) by striking ‘‘(4) Each maximum’’ and in12 serting the following:

13 ‘‘(4) GOALS AND STANDARDS.—

14 ‘‘(A) IN GENERAL.—Each maximum’’; and

15 (2) by adding at the end the following new sub16 paragraphs:

17 ‘‘(B) STANDARDS FOR CARCINOGENS.—

18 ‘‘(i) Notwithstanding the provisions of

19 subparagraph (A), for any contaminant

20 that is regulated on the basis of the car21 cinogenic effects of the contaminant, the

22 Administrator shall not establish a maxi23 mum contaminant level that is more strin24 gent than the level that is necessary to en25 sure that lifetime cancer risks resulting
39

•S 2019 PCS

1 from concentrations of the contaminant in

2 drinking water will not exceed 1 in

3 1,000,000 considering sensitive subpopula4 tions that can be identified and character5 ized.

6 ‘‘(ii) Notwithstanding the provisions

7 of subparagraph (A), the Administrator

8 may establish a maximum contaminant

9 level for a contaminant that is regulated

10 on the basis of the carcinogenic effects of

11 the contaminant at a level that is less

12 stringent than is feasible (as defined in

13 paragraph (5)), if the Administrator deter14 mines that the less stringent level will—

15 ‘‘(I) result in compliance costs

16 that are substantially less than costs

17 that would be experienced by public

18 water systems to comply with the level

19 that is feasible; and

20 ‘‘(II) ensure that lifetime cancer

21 risks resulting from concentrations of

22 the contaminant in drinking water are

23 essentially equivalent to the risks that

24 would occur at the level that is fea25 sible.
40

•S 2019 PCS

1 ‘‘(C) CONSIDERATION OF OTHER HEALTH

2 EFFECTS.—

3 ‘‘(i) Notwithstanding the provisions of

4 subparagraph (A), the Administrator may

5 establish a maximum contaminant level for

6 a contaminant at a level that is less strin7 gent than is feasible if the feasible level

8 would result in an increase in the overall

9 health risk from drinking water by—

10 ‘‘(I) increasing the concentration

11 of other contaminants in drinking

12 water; or

13 ‘‘(II) interfering with the efficacy

14 of drinking water treatment tech15 niques or processes that are used to

16 comply with other national primary

17 drinking water regulations.

18 ‘‘(ii) If the Administrator establishes

19 a maximum contaminant level for any con20 taminant pursuant to the authority of this

21 subparagraph, the level shall minimize the

22 overall risk of adverse health effects, in23 cluding the risk from the contaminant and

24 the risk from other contaminants the con25 centrations of which may be affected by
41

•S 2019 PCS

1 the use of treatment techniques and proc2 esses that would be employed to attain the

3 maximum contaminant level.

4 ‘‘(iii) This subparagraph shall not

5 apply in the case of a national primary

6 drinking water regulation promulgated

7 pursuant to paragraph (2).’’.

8 (e) MONITORING FOR UNREGULATED CONTAMI9 NANTS.—Section 1445(a) (42 U.S.C. 300j–4(a)) is

10 amended by striking paragraphs (2) through (8) and in11 serting the following new paragraphs:

12 ‘‘(2) MONITORING PROGRAM FOR UNREGU13 LATED CONTAMINANTS.—

14 ‘‘(A) ESTABLISHMENT.—The Adminis15 trator shall promulgate regulations establishing

16 the criteria for a monitoring program for un17 regulated contaminants. The regulations shall

18 require monitoring of drinking water supplied

19 by public water systems and shall vary the fre20 quency and schedule for monitoring require21 ments for systems based on the number of per22 sons served by the system, the source of supply,

23 and the contaminants likely to be found.

24 ‘‘(B) MONITORING PROGRAM FOR CERTAIN

25 UNREGULATED CONTAMINANTS.—
42

•S 2019 PCS

1 ‘‘(i) IN GENERAL.—Not later than 3

2 years after the date of enactment of the

3 Safe Drinking Water Amendments of

4 1994, and every 5 years thereafter, the

5 Administrator shall issue a list pursuant to

6 subparagraph (A) of not more than 30 un7 regulated contaminants to be monitored by

8 public water systems and to be included in

9 the national drinking water data base

10 maintained pursuant to section

11 1412(b)(3)(I).

12 ‘‘(ii) GOVERNORS’ PETITION.—The

13 Administrator shall include among the list

14 of contaminants for which monitoring is

15 required under section 1445(a)(2) each

16 contaminant recommended in a petition

17 signed by the Governor of each of 7 or

18 more States, unless the Administrator de19 termines that the action would prevent the

20 listing of other contaminants of a higher

21 public health concern.

22 ‘‘(C) MONITORING BY LARGE SYSTEMS.—A

23 public water system that serves a population of

24 more than 10,000 shall conduct monitoring for
43

•S 2019 PCS

1 all contaminants listed under subparagraph

2 (B).

3 ‘‘(D) MONITORING PLAN FOR SMALL AND

4 MEDIUM SYSTEMS.—Based on the regulations

5 promulgated by the Administrator, each State

6 shall develop a representative monitoring plan

7 to assess the occurrence of unregulated con8 taminants in public water systems that serves a

9 population of 10,000 or less. The plan shall re10 quire monitoring for systems representative of

11 different sizes, types, and geographic locations

12 within the State.

13 ‘‘(E) MONITORING RESULTS.—Each public

14 water system that conducts monitoring of un15 regulated contaminants pursuant to this para16 graph shall provide the results of the monitor17 ing to the primary enforcement authority for

18 the system.

19 ‘‘(F) WAIVER OF MONITORING REQUIRE20 MENT.—The Administrator may waive the re21 quirement for monitoring for a contaminant

22 under this paragraph in a State, if the State

23 demonstrates that the criteria for listing the

24 contaminant do not apply in that State.
44

•S 2019 PCS

1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated to carry out

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

4 1995 through 2000.’’.

5 (f) DRINKING WATER STANDARD REVIEW AND COM6 PLIANCE PERIODS.—

7 (1) REVIEW PERIOD.—The first and second

8 sentences of section 1412(b)(9) (42 U.S.C. 300g–

9 1(b)(9)) are each amended by striking ‘‘3’’ each

10 place it appears and inserting ‘‘6’’.

11 (2) COMPLIANCE PERIOD.—Paragraph (10) of

12 section 1412(b) (42 U.S.C. 300g–1(b)(10)) is

13 amended to read as follows:

14 ‘‘(10) COMPLIANCE PERIOD.—A national pri15 mary drinking water regulation promulgated under

16 this section shall take effect on the date that is 3

17 years after the date on which the regulation is pro18 mulgated unless the Administrator determines that

19 an earlier date is practicable, except that the Admin20 istrator or, a State in the case of an individual sys21 tem, may allow up to 2 additional years to comply

22 with a maximum contaminant level or treatment

23 technique if the Administrator or State determines

24 that additional time is necessary for capital improve25 ments.’’.
45

•S 2019 PCS

1 (3) EXEMPTIONS.—Section 1416 (42 U.S.C.

2 300g–5) is amended—

3 (A) in subsection (a)(1)—

4 (i) by inserting after ‘‘(which may in5 clude economic factors’’ the following: ‘‘,

6 including qualification of the public water

7 system as a ‘disadvantaged community’

8 pursuant to section 1473(e)(1)’’; and

9 (ii) by inserting after ‘‘treatment tech10 nique requirement,’’ the following: ‘‘or to

11 implement measures to develop an alter12 native source of water supply or restruc13 ture or consolidate the system,’’; and

14 (B) in subsection (b)—

15 (i) in the first sentence of paragraph

16 (1)—

17 (I) by inserting after ‘‘(A)’’ the

18 following: ‘‘(i)’’;

19 (II) by striking ‘‘(B)’’ and insert20 ing ‘‘(ii)’’;

21 (III) by striking the period at the

22 end of the sentence and inserting ‘‘;

23 or’’; and

24 (IV) by inserting after subpara25 graph (A) (as amended by subclauses
46

•S 2019 PCS

1 (I), (II), and (III)) the following new

2 subparagraph:

3 ‘‘(B) implementation by the public water system

4 of measures needed to ensure compliance with the

5 requirements of this title, including development of

6 an alternative source of water supply or restructur7 ing or consolidation of the system.’’; and

8 (ii) in paragraph (2)—

9 (I) by striking ‘‘(except as pro10 vided in subparagraph (B))’’ in sub11 paragraph (A) and all that follows

12 through ‘‘3 years after the date of the

13 issuance of the exemption if’’ in sub14 paragraph (B) and inserting the fol15 lowing: ‘‘not later than 3 years after

16 the otherwise applicable compliance

17 date established in section

18 1412(b)(10).

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

20 (II) in subparagraph (B)(i), by

21 striking ‘‘within the period of such ex22 emption’’ and inserting ‘‘prior to the

23 date established pursuant to section

24 1412(b)(10)’’;
47

•S 2019 PCS

1 (III) in subparagraph (B)(ii), by

2 inserting after ‘‘such financial assist3 ance’’ the following: ‘‘or assistance is

4 identified in an intended use plan de5 veloped by the State pursuant to sec6 tion 1474 and the assistance is rea7 sonably likely to be available within

8 the period of the exemption’’;

9 (IV) in subparagraph (C)—

10 (aa) by striking ‘‘500 service

11 connections’’ and inserting ‘‘a

12 population of 3,300’’; and

13 (bb) by striking ‘‘for one or

14 more additional 2-year periods’’

15 and inserting ‘‘for one additional

16 2-year period’’; and

17 (V) by adding at the end the fol18 lowing new subparagraph:

19 ‘‘(D) VARIANCES.—A public water system

20 may not receive an exemption under this section

21 if the system was granted a variance under sec22 tion 1415(e).’’.

23 (g) MONITORING REQUIREMENTS.—
48

•S 2019 PCS

1 (1) ALTERNATIVE MONITORING PROGRAM.—

2 Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) is

3 amended—

4 (A) by designating the first and second

5 sentences as subparagraphs (A) and (B), re6 spectively; and

7 (B) by adding at the end the following new

8 subparagraphs:

9 ‘‘(C) REVIEW.—The Administrator shall—

10 ‘‘(i) not later than 2 years after the

11 date of enactment of this subparagraph,

12 review the monitoring requirements for not

13 less than 12 contaminants identified by the

14 Administrator; and

15 ‘‘(ii) not later than 1 year after the

16 review, propose any necessary modifica17 tions.

18 ‘‘(D) MODIFICATION BY A STATE.—

19 ‘‘(i) IN GENERAL.—Each State with

20 primary enforcement responsibilities may

21 submit to the Administrator alternative

22 monitoring requirements that shall be im23 plemented in the State in lieu of monitor24 ing requirements for a particular national
49

•S 2019 PCS

1 primary drinking water regulation, if the

2 alternative requirements are approved.

3 ‘‘(ii) BASIS FOR REDUCED MONITOR4 ING.—Notwithstanding any requirement of

5 a national primary drinking water regula6 tion established under section 1412(b),

7 subject to clause (iii), the Administrator

8 shall approve the modification of monitor9 ing requirements under this subparagraph,

10 for the purposes of section 1413(a)(2), if—

11 ‘‘(I) reduced monitoring fre12 quencies are based on an assessment

13 of the vulnerability of the source

14 water of a public water system, in15 cluding hydrogeologic conditions;

16 ‘‘(II) reduced monitoring fre17 quencies are based on an assessment

18 of contaminant use, manufacture,

19 storage, occurrence, and transport; or

20 ‘‘(III) reduced monitoring fre21 quencies for a contaminant that was

22 regulated based on the carcinogenic

23 effects of the contaminant in regula24 tions published at 56 Fed. Reg. 3526

25 on January 30, 1991, and 57 Fed.
50

•S 2019 PCS

1 Reg. 31776 on July 17, 1992, is

2 based on consideration of the lifetime

3 cancer risks of the contaminant.

4 ‘‘(iii) ALTERNATIVE MONITORING RE5 QUIREMENTS.—The Administrator shall

6 not approve a modification referred to in

7 clause (ii) unless—

8 ‘‘(I) monitoring frequencies for

9 public water systems in which a con10 taminant has been detected during the

11 5-year period ending on the date of

12 the monitoring are no less frequent

13 than the requirements established in a

14 national primary drinking water regu15 lation; and

16 ‘‘(II) the alternative monitoring

17 requirements provide adequate mon18 itoring and reporting information for

19 the purposes of enforcement and pro20 gram oversight.

21 ‘‘(iv) REVIEW OR DISAPPROVAL.—The

22 Administrator may at any time review

23 State alternative monitoring requirements

24 under this subparagraph. The Adminis25 trator shall disapprove alternative monitor-
51

•S 2019 PCS

1 ing requirements that fail to meet the re2 quirements of this subparagraph.’’.

3 (2) SMALL SYSTEM MONITORING.—Section

4 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as amended

5 by paragraph (1)(B)) is further amended by adding

6 at the end the following new subparagraph:

7 ‘‘(E) SMALL SYSTEM MONITORING.—With

8 respect to monitoring requirements for contami9 nants regulated on the basis of the carcinogenic

10 effects of the contaminants, the Administrator

11 or a State that has primary enforcement re12 sponsibility pursuant to section 1413(a) may

13 modify the requirements to provide that any

14 public water system that serves a population of

15 10,000 or less shall not be required to conduct

16 additional quarterly monitoring during any 3-

17 year period for a specific contaminant if mon18 itoring conducted at the beginning of the period

19 for the contaminant fails to detect the presence

20 of the contaminant in the water supplied by the

21 public water system, and the State determines

22 that the contaminant is unlikely to be detected

23 by further monitoring in the period.’’.

24 SEC. 5. SMALL SYSTEMS PROGRAMS.

25 (a) SMALL SYSTEM VARIANCES.—
52

•S 2019 PCS

1 (1) IN GENERAL.—Section 1415 (42 U.S.C.

2 300g–4) is amended by adding at the end the follow3 ing new subsection:

4 ‘‘(e) SMALL SYSTEM VARIANCES.—

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

6 State with primary enforcement responsibility for

7 public water systems under section 1413, may grant

8 to a public water system serving a population of

9 10,000 or less (referred to in this subsection as a

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

11 compliance with a requirement specifying a maxi12 mum contaminant level or treatment technique con13 tained in a national primary drinking water regula14 tion, if the variance meets all the requirements of

15 this subsection.

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

17 system may receive a variance under this subsection

18 if the system installs, operates, and maintains, in ac19 cordance with guidance or regulations issued by the

20 Administrator, treatment technology that is feasible

21 for small systems as determined by the Adminis22 trator pursuant to section 1412(b)(12).

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

24 A variance under this subsection shall be available

25 only to a system—
53

•S 2019 PCS

1 ‘‘(A) that, in the judgment of the Adminis2 trator or, if the State has primary enforcement

3 responsibility under section 1413, the State,

4 cannot afford to comply with a national pri5 mary drinking water regulation, including com6 pliance through treatment, alternative source

7 water supply, or restructuring, including con8 solidation; and

9 ‘‘(B) for which the Administrator or, if the

10 State has primary enforcement responsibility

11 under section 1413, the State determines that

12 the terms of the variance ensure adequate pro13 tection of human health, considering the quality

14 of the source water for the system and the re15 moval efficiencies and expected useful life of the

16 treatment technology required by the variance.

17 ‘‘(4) APPLICATIONS.—An application for a vari18 ance for a national primary drinking water regula19 tion under this subsection shall be submitted to the

20 Administrator or the State not later than the date

21 that is the later of—

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

23 of this subsection; or

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

25 the national primary drinking water regulation
54

•S 2019 PCS

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

2 which a variance is requested.

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

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

5 the State shall grant or deny a variance not

6 later than 1 year after the application deadlines

7 established in paragraph (4).

8 ‘‘(B) PENALTY MORATORIUM.—Each pub9 lic water system that submits a timely applica10 tion for a variance under this subsection shall

11 not be subject to a penalty in an enforcement

12 action under section 1414 for a violation of a

13 maximum contaminant level or treatment tech14 nique in the national primary drinking water

15 regulation with respect to which the variance

16 application was submitted prior to the date of

17 a decision to grant or deny the variance.

18 ‘‘(6) COMPLIANCE SCHEDULES.—

19 ‘‘(A) VARIANCES.—A variance granted

20 under this subsection shall require compliance

21 with the conditions of the variance not later

22 than 3 years after the date on which the vari23 ance is granted, except that the State may

24 allow up to 2 additional years to comply with

25 a treatment technique if the State determines
55

•S 2019 PCS

1 that additional time is necessary for capital im2 provements, or to allow for financial assistance

3 provided pursuant to part G or any other Fed4 eral or State program.

5 ‘‘(B) DENIED APPLICATIONS.—If the Ad6 ministrator or a State denies a variance appli7 cation under this subsection, the public water

8 system shall be in compliance with the require9 ments of the national primary drinking water

10 regulation for which the variance was requested

11 not later than 3 years after the date on which

12 the application is denied, except that the State

13 may allow up to 2 additional years to comply

14 with a treatment technique if the State deter15 mines that additional time is necessary for cap16 ital improvements or to allow for financial as17 sistance provided pursuant to part G or any

18 other Federal or State program.

19 ‘‘(7) DURATION OF VARIANCES.—

20 ‘‘(A) IN GENERAL.—A State shall review

21 each variance granted under this subsection not

22 less often than every 5 years after the compli23 ance date established in the variance to deter24 mine whether the system remains eligible for
56

•S 2019 PCS

1 the variance and is conforming to all conditions

2 of the variance.

3 ‘‘(B) REVOCATION OF VARIANCES.—The

4 Administrator or, if the State has primary en5 forcement responsibility under section 1413, the

6 State shall revoke a variance in effect under

7 this subsection if the Administrator or the

8 State determines that—

9 ‘‘(i) the system is no longer eligible

10 for a variance;

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

12 with any term or condition of the variance,

13 other than a reporting or monitoring re14 quirement; or

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

16 ensure adequate protection of human

17 health, considering the quality of source

18 water available to the system and the re19 moval efficiencies and expected useful life

20 of the treatment technology required by

21 the variance.

22 ‘‘(8) INELIGIBILITY FOR VARIANCES.—A vari23 ance shall not be available under this subsection

24 for—
57

•S 2019 PCS

1 ‘‘(A) any maximum contaminant level or

2 treatment technique for a contaminant with re3 spect to which a national primary drinking

4 water regulation was promulgated prior to Jan5 uary 1, 1986; or

6 ‘‘(B) a national primary drinking water

7 regulation for a microbial contaminant (includ8 ing a bacterium, virus, or other organism) or an

9 indicator or treatment technique for a microbial

10 contaminant.

11 ‘‘(9) REGULATIONS AND GUIDANCE.—

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

13 after the date of enactment of this subsection,

14 the Administrator shall promulgate regulations

15 for variances to be granted under this sub16 section. The regulations shall, at a minimum,

17 specify—

18 ‘‘(i) procedures to be used by the Ad19 ministrator or a State to grant or deny

20 variances, including requirements for noti21 fying the Administrator and consumers of

22 the public water system applying for a

23 variance and requirements for a public

24 hearing on the variance before the variance

25 is granted;
58

•S 2019 PCS

1 ‘‘(ii) requirements for the installation

2 and proper operation of treatment tech3 nology that is feasible for small systems;

4 ‘‘(iii) eligibility criteria for a variance

5 for each national primary drinking water

6 regulation, including requirements for the

7 quality of the source water (pursuant to

8 section 1412(b)(12)(A)) and the financial

9 and technical capability to operate the

10 treatment system, including operator train11 ing and certification; and

12 ‘‘(iv) information requirements for

13 variance applications.

14 ‘‘(B) AFFORDABILITY CRITERIA.—Not

15 later than 18 months after the date of enact16 ment of the Safe Drinking Water Act Amend17 ments of 1994, the Administrator, in consulta18 tion with the States, shall publish information

19 to assist the States in developing affordability

20 criteria. The affordability criteria shall be re21 viewed by the States not less often than every

22 5 years to determine if changes are needed to

23 the criteria.

24 ‘‘(10) REVIEW BY THE ADMINISTRATOR.—
59

•S 2019 PCS

1 ‘‘(A) IN GENERAL.—The Administrator

2 shall periodically review State decisions with re3 spect to variances to determine whether the

4 variances granted by the State comply with the

5 requirements of this subsection and the regula6 tions promulgated by the Administrator. With

7 respect to affordability, the determination of

8 the Administrator shall be limited to whether

9 the variances granted by the State comply with

10 the affordability criteria developed by the State.

11 ‘‘(B) OBJECTIONS TO VARIANCES.—If any

12 variance proposed to be granted by a State con13 tains provisions that are determined by the Ad14 ministrator as not in compliance with this sub15 section (including the requirement that a vari16 ance not be granted to a system that can com17 ply with the national primary drinking water

18 regulations through treatment, an alternative

19 source of water supply, or restructuring) and

20 the regulations promulgated by the Adminis21 trator pursuant to paragraph (9), the Adminis22 trator shall object to the granting of the vari23 ance. The State shall respond in writing to each

24 objection of the Administrator. The State shall
60

•S 2019 PCS

1 not grant the variance until the objections of

2 the Administrator have been resolved.

3 ‘‘(C) NOTICE AND PUBLICATION.—If the

4 Administrator determines that variances grant5 ed by a State are not in full compliance with af6 fordability criteria developed by the State and

7 the regulations promulgated by the Adminis8 trator pursuant to paragraph (9), the Adminis9 trator shall notify the State in writing of the

10 deficiencies and make public the determina11 tion.’’.

12 (2) SMALL SYSTEM TREATMENT TECH13 NOLOGIES.—Section 1412(b) (42 U.S.C. 300g–1(b))

14 is amended by adding at the end the following new

15 paragraph:

16 ‘‘(12) SMALL SYSTEM TREATMENT TECH17 NOLOGIES.—

18 ‘‘(A) IN GENERAL.—At the same time as

19 the Administrator promulgates a national pri20 mary drinking water regulation pursuant to this

21 section, the Administrator shall issue guidance

22 or regulations describing a treatment tech23 nology (or technologies) for the contaminant

24 that is the subject of the regulation that is fea25 sible (as defined in paragraph (5)) for public
61

•S 2019 PCS

1 water systems serving a population of 3,300 or

2 less. The guidance or regulations shall identify

3 the effectiveness of the technology, the cost of

4 the technology, and other factors related to the

5 use of the technology, including requirements

6 for the quality of source water to ensure ade7 quate protection of human health, considering

8 removal efficiencies of the technology, and in9 stallation, and operation and maintenance re10 quirements, for the technology. The Adminis11 trator shall not issue guidance or regulations

12 for a technology under this paragraph unless

13 the technology adequately protects human

14 health, considering the expected useful life of

15 the technology and the source waters available

16 to systems for which the technology is consid17 ered feasible.

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

19 later than 2 years after the date of enactment

20 of this paragraph, the Administrator shall issue

21 guidance or regulations under subparagraph

22 (A) for each national primary drinking water

23 regulation promulgated prior to the date of en24 actment of this paragraph for which a variance

25 may be granted under section 1415(e). The Ad-
62

•S 2019 PCS

1 ministrator may, at any time after a national

2 primary drinking water regulation has been

3 promulgated, issue guidance or regulations de4 scribing additional treatment technologies that

5 meet the requirements of subparagraph (A) for

6 public water systems serving a population of

7 3,300 or less that are subject to the regula8 tion.’’.

9 (3) AVAILABILITY OF INFORMATION ON SMALL

10 SYSTEM TECHNOLOGIES.—Section 1445 (42 U.S.C.

11 300j–4) is amended by adding at the end the follow12 ing new subsection:

13 ‘‘(g) AVAILABILITY OF INFORMATION ON SMALL SYS14 TEM TECHNOLOGIES.—For purposes of section

15 1412(b)(12), the Administrator may request information

16 on the characteristics of commercially available treatment

17 systems and technologies, including the effectiveness and

18 performance of the systems and technologies under var19 ious operating conditions. The Administrator may specify

20 the form, content, and date by which information shall be

21 submitted by manufacturers, States, and other interested

22 persons for the purpose of considering the systems and

23 technologies in the development of regulations or guidance

24 under section 1412(b)(12).’’.

25 (b) VIABILITY OF PUBLIC WATER SYSTEMS.—
63

•S 2019 PCS

1 (1) STATE PROGRAMS.—Section 1413(a) (42

2 U.S.C. 300g–2(a)) is amended—

3 (A) by striking ‘‘and’’ at the end of para4 graph (4);

5 (B) by striking the period at the end of

6 paragraph (5) and inserting a semicolon; and

7 (C) by adding at the end the following new

8 paragraph:

9 ‘‘(6) has adopted and is implementing a drink10 ing water system viability program that meets the

11 requirements of section 1418;’’.

12 (2) SYSTEM VIABILITY.—Part B (42 U.S.C.

13 300g et seq.) is amended by adding at the end the

14 following new section:

15 ‘‘STATE VIABILITY PROGRAMS

16 ‘‘SEC. 1418. (a) IN GENERAL.—Each State exercis17 ing primary enforcement responsibility pursuant to section

18 1413 shall adopt and implement a State Drinking Water

19 System Viability Program (referred to in this section as

20 the ‘State Viability Program’) that ensures the capability

21 of public water systems in the State to comply with the

22 requirements of this title.

23 ‘‘(b) MINIMUM PROGRAM ELEMENTS.—Not later

24 than 1 year after the date of enactment of this section,

25 the Administrator shall issue guidance and criteria for

26 State Viability Programs to include, at a minimum—
64

•S 2019 PCS

1 ‘‘(1) legal authority to ensure that all new pub2 lic water systems commencing operation after Janu3 ary 1, 1997, have the technical and financial capa4 bility to fully comply with existing and anticipated

5 national primary drinking water regulations and

6 other requirements of this title;

7 ‘‘(2) legal authority to order restructuring (in8 cluding physical consolidation with other systems) of

9 systems that are in violation of national primary

10 drinking water regulations or other requirements of

11 this title and lack the managerial, technical, or fi12 nancial capability to comply with the regulations or

13 requirements; and

14 ‘‘(3) such other criteria and provisions as the

15 Administrator determines are appropriate.

16 ‘‘(c) SUBMISSION AND APPROVAL OF PROGRAMS.—

17 ‘‘(1) SUBMISSION.—Not later than 18 months

18 after guidance is issued pursuant to subsection (b),

19 each State exercising primary enforcement respon20 sibility pursuant to section 1413 shall submit to the

21 Administrator a State Viability Program that com22 plies with the guidance.

23 ‘‘(2) APPROVAL OR DISAPPROVAL.—The Ad24 ministrator shall approve or disapprove each State

25 Viability Program not later than 180 days after re-
65

•S 2019 PCS

1 ceipt of the Program. If the Administrator dis2 approves a Program, the Administrator shall notify

3 the State of the reasons for disapproval in writing

4 and the State may resubmit the Program as modi5 fied to resolve the objections of the Administrator.

6 ‘‘(3) WITHDRAWAL OF APPROVAL.—The Ad7 ministrator may, after notifying a State, withdraw

8 approval of a State Viability Program, if the State

9 fails to carry out the Program as provided in this

10 section.

11 ‘‘(d) PENALTY MORATORIUM.—A public water sys12 tem in violation of a requirement specifying a maximum

13 contaminant level or treatment technique that seeks as14 sistance from a State for restructuring, including physical

15 consolidation, shall not be subject to a penalty in an en16 forcement action under section 1414 for a violation of the

17 requirement for a period of 3 years, if the system is meet18 ing the terms and conditions of a State restructuring

19 order. The extension described in the preceding sentence

20 shall not apply to a system that applies for assistance after

21 the date that is 4 years after the date of enactment of

22 this section.

23 ‘‘(e) SYSTEMS IN COMPLIANCE.—Nothing in this sec24 tion requires a State to prohibit the operation of a public

25 water system that is in compliance with national primary
66

•S 2019 PCS

1 drinking water regulations and other requirements of this

2 title.’’.

3 (c) SMALL WATER SYSTEMS TECHNOLOGY CEN4 TERS.—Section 1442 (42 U.S.C. 300j–1) is amended by

5 adding at the end the following new subsection:

6 ‘‘(h) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY

7 ASSISTANCE CENTERS.—

8 ‘‘(1) GRANT PROGRAM.—The Administrator

9 shall make grants to institutions of higher learning

10 to establish and operate not fewer than 5 small pub11 lic water system technology assistance centers in the

12 United States.

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

14 The responsibilities of the small public water system

15 technology assistance centers established under this

16 subsection shall include the conduct of research,

17 training, and technical assistance relating to the in18 formation, performance, and technical needs of small

19 public water systems or public water systems that

20 serve Indian tribes.

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

22 learning interested in receiving a grant under this

23 subsection shall submit to the Administrator an ap24 plication in such form and containing such informa25 tion as the Administrator may require by regulation.
67

•S 2019 PCS

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

2 shall select recipients of grants under this subsection

3 on the basis of the following criteria:

4 ‘‘(A) The small public water system tech5 nology assistance center shall be located in a

6 State that is representative of the needs of the

7 region in which the State is located for address8 ing the drinking water needs of rural small

9 communities and Indian tribes.

10 ‘‘(B) The grant recipient shall be located

11 in a region that has experienced problems with

12 rural water supplies.

13 ‘‘(C) There is available to the grant recipi14 ent for carrying out this subsection dem15 onstrated expertise in water resources research,

16 technical assistance, and training.

17 ‘‘(D) The grant recipient shall have the ca18 pability to provide leadership in making na19 tional and regional contributions to the solution

20 of both long-range and intermediate rural water

21 system technology management problems.

22 ‘‘(E) The grant recipient shall have a dem23 onstrated interdisciplinary capability with ex24 pertise in small public water system technology

25 management and research.
68

•S 2019 PCS

1 ‘‘(F) The grant recipient shall have a dem2 onstrated capability to disseminate the results

3 of small public water system technology re4 search and training programs through an inter5 disciplinary continuing education program.

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

7 proposes to carry out under the grant are nec8 essary and appropriate.

9 ‘‘(H) The grant recipient has regional sup10 port beyond the host institution.

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

12 grants shall be made to consortia of States with low

13 population densities. As used in this paragraph, the

14 term ‘consortia of States with low population den15 sities’ means a consortia of States, each State of

16 which has an average population density of less than

17 12.3 persons per square mile, based on data for

18 1993 from the Bureau of the Census.’’.

19 SEC. 6. ENFORCEMENT OF DRINKING WATER REGULA20 TIONS.

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

22 3) is amended to read as follows:

23 ‘‘ENFORCEMENT OF DRINKING WATER REGULATIONS

24 ‘‘SEC. 1414. (a) CIVIL ENFORCEMENT AUTHOR25 ITY.—If, on the basis of information available to the Ad26 ministrator, the Administrator finds that a person has vio-
69

•S 2019 PCS

1 lated an applicable requirement, the Administrator shall

2 notify the person and the State of the finding and shall

3 issue an order pursuant to subsection (b) requiring the

4 person to comply with the requirement or shall initiate an

5 action for the assessment of an administrative penalty

6 pursuant to subsection (c), or both, or shall initiate a civil

7 action pursuant to subsection (e).

8 ‘‘(b) ADMINISTRATIVE COMPLIANCE ORDERS.—If

9 the Administrator finds that a person has violated an ap10 plicable requirement, the Administrator may issue a com11 pliance order. A compliance order shall be served by per12 sonal service, state with reasonable specificity the nature

13 of the violation, and specify a reasonable time for compli14 ance that takes into account the nature of the violation.

15 If an administrative compliance order is issued to a cor16 poration, a copy of the compliance order shall be served

17 on any appropriate corporate officer.

18 ‘‘(c) ADMINISTRATIVE PENALTY ORDERS.—

19 ‘‘(1) IN GENERAL.—If the Administrator finds

20 that a person has violated an applicable requirement,

21 the Administrator may issue a penalty order assess22 ing a class I or a class II civil penalty against the

23 person.

24 ‘‘(2) PENALTIES.—
70

•S 2019 PCS

1 ‘‘(A) CLASS I.—Except as provided in sub2 section (d), the Administrator may, after notice

3 and opportunity for hearing (but without regard

4 to chapters 5 and 7 of title 5, United States

5 Code), assess a class I civil penalty under para6 graph (1) in an amount not to exceed $10,000

7 per day per violation, except that the maximum

8 amount of a class I civil penalty may not exceed

9 $25,000.

10 ‘‘(B) CLASS II.—

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in subsection (d), the Administrator

13 may, after notice and opportunity for a

14 hearing on the record in accordance with

15 chapters 5 and 7 of title 5, United States

16 Code, assess a class II civil penalty under

17 paragraph (1) in an amount not to exceed

18 $10,000 per day per violation, except that

19 the maximum amount of a class II civil

20 penalty may not exceed $200,000.

21 ‘‘(ii) PUBLIC NOTICE AND OPPOR22 TUNITY TO COMMENT.—Before assessing a

23 class II civil penalty under clause (i), the

24 Administrator shall provide public notice

25 of, and reasonable opportunity to comment
71

•S 2019 PCS

1 on, the issuance of the order assessing the

2 penalty.

3 ‘‘(3) FINALITY OF ORDERS.—An order assess4 ing a civil penalty under this subsection shall become

5 final 30 days after the order is issued, except that

6 an order issued upon consent shall become final

7 upon issuance.

8 ‘‘(4) ELECTION OF CIVIL PENALTY REMEDY.—

9 If a civil penalty is assessed by the Administrator

10 for a violation pursuant to this subsection, an addi11 tional penalty may not be assessed by the Adminis12 trator or a Federal court pursuant to this section for

13 the same violation.

14 ‘‘(5) JUDICIAL REVIEW.—

15 ‘‘(A) IN GENERAL.—A person against

16 whom a penalty order is issued under this sub17 section, except upon consent, or who com18 mented on the proposed assessment of the pen19 alty in accordance with paragraph (2)(B)(ii),

20 may obtain review of the order in the United

21 States District Court for the District of Colum22 bia or in the district court in the district in

23 which the violation is alleged to have occurred

24 by filing, during the 30-day period beginning on

25 the date the penalty order becomes final, a com-
72

•S 2019 PCS

1 plaint with the court. The person shall simulta2 neously send a copy of the complaint by cer3 tified mail to the Administrator and the Attor4 ney General. The Administrator shall promptly

5 file in the court a certified copy of the record

6 on which the order was issued.

7 ‘‘(B) STANDARD OF REVIEW.—The court

8 shall not set aside or remand the order unless

9 the court finds that there is not substantial evi10 dence in the record, taken as a whole, to sup11 port the finding of a violation or that the as12 sessment of the penalty by the Administrator

13 constitutes an abuse of discretion. The court

14 may not impose an additional civil penalty for

15 a violation that is the subject of the assessment

16 by the Administrator unless the court finds that

17 the assessment constitutes an abuse of discre18 tion by the Administrator.

19 ‘‘(C) FORUM.— Notwithstanding section

20 1448(a)(2), a penalty order issued under this

21 subsection shall be subject to judicial review

22 only under subparagraph (A).

23 ‘‘(6) COLLECTION.—If a person fails to pay an

24 assessed civil penalty after the order making the as25 sessment has become final, or after a court in an ac-
73

•S 2019 PCS

1 tion brought under paragraph (5) has entered a

2 final judgment in favor of the Administrator, the

3 Administrator shall request the Attorney General to

4 bring a civil action in an appropriate district court

5 to recover the amount assessed (plus interest at cur6 rently prevailing rates from the date of the final

7 order or the date of the final judgment, as the case

8 may be). In the action, the validity, amount, and ap9 propriateness of the penalty shall not be subject to

10 judicial review. A person who fails to pay on a timely

11 basis the amount of an assessed civil penalty as de12 scribed in the first sentence of this paragraph shall

13 be required to pay, in addition to the amount and

14 interest, attorney fees and costs for collection pro15 ceedings and a quarterly nonpayment penalty for

16 each quarter during which the failure to pay per17 sists. The nonpayment penalty shall be in an amount

18 equal to 20 percent of the aggregate amount of the

19 penalties and nonpayment penalties of the person

20 that are unpaid as of the beginning of the quarter.

21 ‘‘(7) SUBPOENAS.—The Administrator, in con22 nection with administrative proceedings brought

23 under this subsection or in connection with inves24 tigations conducted pursuant to this part, may issue

25 subpoenas for the attendance and testimony of wit-
74

•S 2019 PCS

1 nesses and subpoenas duces tecum, and may request

2 the Attorney General to bring an action to enforce

3 any subpoena under this part. The district courts

4 shall have jurisdiction to enforce the subpoenas and

5 impose sanctions.

6 ‘‘(d) FEDERAL FACILITIES.—

7 ‘‘(1) MAXIMUM PENALTY AMOUNTS.—The

8 amount of a civil penalty assessed against a Federal

9 agency may exceed the maximum amounts described

10 in subsection (c)(2), but may not exceed $25,000 per

11 day per violation.

12 ‘‘(2) PROCEDURE.—Before a civil penalty order

13 or administrative compliance order issued pursuant

14 to this section applicable to a Federal agency

15 becomes final, the Administrator shall provide the

16 agency an opportunity to confer with the Adminis17 trator and shall provide the agency notice and an

18 opportunity for a hearing on the record in accord19 ance with chapters 5 and 7 of title 5, United States

20 Code.

21 ‘‘(3) PUBLIC REVIEW.—Any interested person

22 may obtain review of a civil penalty order issued

23 pursuant to this subsection to a Federal agency. The

24 review shall be in accordance with the procedures
75

•S 2019 PCS

1 provided under subsection (c)(5) for persons against

2 whom a penalty order is issued under subsection (c).

3 ‘‘(e) CIVIL ACTIONS.—

4 ‘‘(1) IN GENERAL.—If the Administrator finds

5 that a person has violated an applicable requirement

6 or has failed to comply with an order issued under

7 subsection (b) or section 1431, the Administrator

8 may commence a civil action pursuant to this sub9 section for appropriate relief, including a permanent

10 or temporary injunction.

11 ‘‘(2) JURISDICTION.—An action under this sub12 section may be brought in the district court of the

13 United States for the district in which the defendant

14 is located, resides, or is doing business. The court

15 shall have jurisdiction to restrain any applicable vio16 lation and to require compliance with a requirement

17 referred to in paragraph (1). The court may enter

18 such judgment as the protection of public health

19 requires.

20 ‘‘(3) PENALTIES.—A person who has violated

21 an applicable requirement or has failed to comply

22 with any order issued under subsection (b) or sec23 tion 1431 shall be subject to a civil judicial penalty

24 in an amount not to exceed $25,000 per day for

25 each violation.
76

•S 2019 PCS

1 ‘‘(f) PENALTY FACTORS.—In determining the

2 amount of a civil penalty assessed pursuant to this section,

3 the Administrator or court shall consider the seriousness

4 of each violation, the economic benefit (if any) resulting

5 from the violation, any history of similar violations includ6 ing violations that are not part of the current action, any

7 good faith efforts to comply with applicable requirements

8 before the initiation of the civil action, the size of the sys9 tem, the economic impact of the penalty on the violator,

10 and such other matters as justice may require.

11 ‘‘(g) EFFECT OF ENFORCEMENT ACTION.—Nothing

12 in this section limits the authority of the Administrator

13 to take enforcement action against a person under any

14 other provision or affects the obligation of a person to

15 comply with an applicable requirement or an order issued

16 by the Administrator pursuant to this title (except an

17 order superseding a previous order issued under sub18 section (b)).

19 ‘‘(h) DEFINITION OF APPLICABLE REQUIREMENT.—

20 As used in this section, the term ‘applicable requirement’

21 means—

22 ‘‘(1) a requirement of section 1412, 1415,

23 1416, 1417, 1432, 1441, 1445, 1447, 1463, 1464,

24 or 1471;
77

•S 2019 PCS

1 ‘‘(2) a regulation promulgated pursuant to a

2 section referred to in paragraph (1);

3 ‘‘(3) a schedule or requirement imposed pursu4 ant to a section referred to in paragraph (1);

5 ‘‘(4) a duty to allow access under section

6 1445(b); and

7 ‘‘(5) a requirement of, or permit issued, under

8 an applicable State program for which the Adminis9 trator has made a determination that the require10 ments of section 1413 have been satisfied, or an ap11 plicable State program approved pursuant to this

12 part.

13 ‘‘(i) VARIANCES AND EXEMPTIONS.—For purposes of

14 this section, compliance with the requirements of a vari15 ance granted pursuant to section 1415 or an exemption

16 issued pursuant to section 1416 for any national primary

17 drinking water regulation shall be considered compliance

18 with the regulation during the term of the variance or

19 exemption.

20 ‘‘(j) CONSOLIDATION INCENTIVE.—

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

22 public water system may submit to the State in

23 which the system is located (if the State has primary

24 enforcement responsibility pursuant to section 1413)

25 or to the Administrator (if the State does not have
78

•S 2019 PCS

1 primary enforcement responsibility) a plan (includ2 ing specific measures and schedules) for—

3 ‘‘(A) the physical consolidation of the sys4 tem with 1 or more other systems;

5 ‘‘(B) the consolidation of significant man6 agement and administrative functions of the

7 system with 1 or more other systems; or

8 ‘‘(C) the transfer of ownership of the sys9 tem to a private entity that may reasonably be

10 expected to improve drinking water quality.

11 ‘‘(2) CONSEQUENCES OF APPROVAL.—If the

12 State or the Administrator approves a plan pursuant

13 to paragraph (1) no enforcement action shall be

14 taken pursuant to this part and with respect to a

15 specific violation identified in the approved plan

16 prior to the date that is the earlier of the date that

17 consolidation is completed according to the plan or

18 the date that is 2 years after the plan is approved.

19 ‘‘(k) NOTICE OF PUBLIC WATER SYSTEM TO PER20 SONS SERVED.—

21 ‘‘(1) IN GENERAL.—Each owner or operator of

22 a public water system shall give notice to the per23 sons served by the system—

24 ‘‘(A) of any failure on the part of the pub25 lic water system to—
79

•S 2019 PCS

1 ‘‘(i) comply with an applicable maxi2 mum contaminant level or treatment tech3 nique requirement of, or a testing proce4 dure prescribed by, a national primary

5 drinking water regulation; or

6 ‘‘(ii) perform monitoring required by

7 section 1445(a); and

8 ‘‘(B) if the public water system is subject

9 to a variance granted under section

10 1415(a)(1)(A), 1415(a)(2), or 1415(e) for an

11 inability to meet a maximum contaminant level

12 requirement or is subject to an exemption

13 granted under section 1416, of—

14 ‘‘(i) the existence of the variance or

15 exemption; and

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

17 requirements of any schedule prescribed

18 pursuant to the variance or exemption.

19 ‘‘(2) FORM, MANNER, AND FREQUENCY OF NO20 TICE.—

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

22 shall, by regulation, prescribe the form, man23 ner, and frequency for giving notice under this

24 subsection.
80

•S 2019 PCS

1 ‘‘(B) VIOLATIONS WITH POTENTIAL TO

2 CAUSE SERIOUS ADVERSE EFFECTS ON HUMAN

3 HEALTH.—Regulations promulgated under this

4 subsection shall specify notification procedures

5 for each violation that has the potential to

6 cause serious adverse effects on human health.

7 Each notice of a violation provided under this

8 subparagraph shall—

9 ‘‘(i) be distributed as soon as prac10 ticable after the violation, but not later

11 than 24 hours after the violation;

12 ‘‘(ii) be provided to appropriate broad13 cast media;

14 ‘‘(iii) be published in a newspaper of

15 general circulation serving the area not

16 later than 1 day after the distribution of a

17 notice pursuant to clause (i), or the date of

18 publication of the next issue of the news19 paper;

20 ‘‘(iv) provide a clear and readily un21 derstandable explanation of—

22 ‘‘(I) the violation;

23 ‘‘(II) any potential adverse ef24 fects on human health;
81

•S 2019 PCS

1 ‘‘(III) the steps that the public

2 water system is taking to correct the

3 violation; and

4 ‘‘(IV) the necessity of seeking al5 ternative water supplies until the vio6 lation is corrected; and

7 ‘‘(v) be provided to the State agency

8 that has primary enforcement responsibil9 ity pursuant to section 1413 and to the

10 Administrator.

11 ‘‘(C) OTHER VIOLATIONS.—Notice of viola12 tions other than violations identified under sub13 paragraph (B) shall be—

14 ‘‘(i) provided not less frequently than

15 annually and published in a newspaper of

16 general circulation serving the area; and

17 ‘‘(ii) provided to the State agency that

18 has primary enforcement responsibility

19 pursuant to section 1413 and to the Ad20 ministrator.

21 ‘‘(D) ANNUAL REPORT BY STATE.—Not

22 later than January 1, 1996, and annually there23 after, each State that has primary enforcement

24 responsibility pursuant to section 1413 shall

25 publish an annual report on public water sys-
82

•S 2019 PCS

1 tem compliance in the State and submit the re2 port to the Administrator.

3 ‘‘(E) ANNUAL REPORT BY ADMINIS4 TRATOR.—Not later than July 1, 1996, and an5 nually thereafter, the Administrator shall sub6 mit to Congress an annual report summarizing

7 and evaluating reports submitted by States pur8 suant to subparagraph (D) and making rec9 ommendations concerning the resources needed

10 to improve compliance with this title.

11 ‘‘(l) NOTICE OF NONCOMPLIANCE WITH SECONDARY

12 DRINKING WATER REGULATIONS.—Whenever, on the

13 basis of information available to the Administrator, the

14 Administrator finds that within a reasonable time after

15 national secondary drinking water regulations have been

16 promulgated, 1 or more public water systems in a State

17 do not comply with the secondary regulations, and that

18 the noncompliance appears to result from a failure of the

19 State to take reasonable action to ensure that public water

20 systems throughout the State meet the secondary regula21 tions, the Administrator shall so notify the State.

22 ‘‘(m) STATE AUTHORITY TO ADOPT OR ENFORCE

23 LAWS OR REGULATIONS.—Nothing in this title shall di24 minish any authority of a State or political subdivision to

25 adopt or enforce any law or regulation respecting drinking
83

•S 2019 PCS

1 water regulations or public water systems, but no such law

2 or regulation shall relieve any person of any requirement

3 otherwise applicable under this title.’’.

4 (b) STATE AUTHORITY FOR ADMINISTRATIVE PEN5 ALTIES.—Section 1413(a) (42 U.S.C. 300g–2(a)) (as

6 amended by section 5(b)(1)) is further amended by adding

7 at the end the following new paragraph:

8 ‘‘(7) has adopted authority for administrative

9 penalties comparable to the authority in section

10 1414(c); and’’.

11 SEC. 7. CONTROL OF LEAD IN DRINKING WATER AND PRO12 HIBITION ON CERTAIN RETURN FLOWS.

13 (a) FITTINGS AND FIXTURES.—Section 1417 (42

14 U.S.C. 300g–6) is amended—

15 (1) in subsection (a)—

16 (A) by striking paragraph (1) and insert17 ing the following new paragraph:

18 ‘‘(1) PROHIBITIONS.—

19 ‘‘(A) IN GENERAL.—No person may use

20 any pipe, pipe or plumbing fitting or fixture,

21 solder, or flux, after June 19, 1986, in the in22 stallation or repair of—

23 ‘‘(i) any public water system; or
84

•S 2019 PCS

1 ‘‘(ii) any plumbing in a residential or

2 nonresidential facility providing water for

3 human consumption,

4 that is not lead free (within the meaning of

5 subsections (d) and (e)(4)).

6 ‘‘(B) LEADED JOINTS.—Subparagraph (A)

7 shall not apply to leaded joints necessary for

8 the repair of cast iron pipes.’’;

9 (B) in paragraph (2)(A), by inserting after

10 ‘‘Each’’ the following: ‘‘owner or operator of a’’;

11 and

12 (C) by adding at the end the following new

13 paragraph:

14 ‘‘(3) UNLAWFUL ACTS.—Effective 2 years after

15 the date of enactment of this paragraph, it shall be

16 unlawful—

17 ‘‘(A) for any person to introduce into com18 merce any pipe or pipe or plumbing fitting or

19 fixture that is not lead free;

20 ‘‘(B) for any person engaged in the busi21 ness of selling plumbing supplies to sell solder

22 or flux that is not lead free; or

23 ‘‘(C) for any person to introduce into com24 merce any solder or flux that is not lead free

25 unless the solder or flux bears a prominent
85

•S 2019 PCS

1 label stating that it is illegal to use the solder

2 or flux in the installation or repair of any

3 plumbing providing water for human consump4 tion.’’;

5 (2) in subsection (d)—

6 (A) by striking ‘‘For’’ and inserting ‘‘Ex7 cept as provided in subsection (e)(4), for’’; and

8 (B) in paragraph (2), by striking ‘‘pipe fit9 tings’’ each place it appears and inserting ‘‘pipe

10 and plumbing fittings and fixtures’’; and

11 (3) by adding at the end the following new sub12 sections:

13 ‘‘(e) PLUMBING FITTINGS AND FIXTURES.—

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

15 provide accurate and timely technical information

16 and assistance to qualified third-party certifiers in

17 the development of voluntary standards and testing

18 protocols for the leaching of lead from new plumbing

19 fittings and fixtures that are intended by the manu20 facturer to dispense water for human ingestion.

21 ‘‘(2) STANDARDS.—

22 ‘‘(A) IN GENERAL.—If a voluntary stand23 ard for the leaching of lead is not established

24 by the date that is 1 year after the date of en25 actment of this subsection, the Administrator
86

•S 2019 PCS

1 shall, not later than 2 years after the date of

2 enactment of this subsection, promulgate regu3 lations setting a health-effects-based perform4 ance standard establishing maximum leaching

5 levels from new plumbing fittings and fixtures

6 that are intended by the manufacturer to dis7 pense water for human ingestion. The standard

8 shall become effective on the date that is 5

9 years after the date of promulgation of the

10 standard.

11 ‘‘(B) ALTERNATIVE REQUIREMENT.—If

12 regulations are required to be promulgated

13 under subparagraph (A) and have not been pro14 mulgated by the date that is 5 years after the

15 date of enactment of this subsection, no person

16 may import, manufacture, process, or distribute

17 in commerce a new plumbing fitting or fixture,

18 intended by the manufacturer to dispense water

19 for human ingestion, that contains more than 4

20 percent lead by dry weight.

21 ‘‘(f) RETURN FLOWS.—No person may remove water

22 from a public water system through a pipe or device out23 side the public water system and return water to the pub24 lic water system unless the pipe or device is totally within

25 the control of 1 or more public water systems.’’.
87

•S 2019 PCS

1 (b) RECORDS AND INSPECTIONS.—Subparagraph (A)

2 of section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as des3 ignated by section 4(g)(1)(A)) is amended by striking

4 ‘‘Every person’’ and all that follows through ‘‘is a grant5 ee,’’ and inserting ‘‘Every person who is subject to any

6 requirement of this title or who is a grantee’’.

7 SEC. 8. RADON IN DRINKING WATER.

8 Part B (42 U.S.C. 300g et seq.) (as amended by sec9 tion 5(b)(2)) is further amended by adding at the end the

10 following new section:

11 ‘‘RADON IN DRINKING WATER

12 ‘‘SEC. 1419. (a) REGULATIONS FOR RADON IN

13 DRINKING WATER.—Notwithstanding any other provision

14 of this title or any other Federal law, not later than 1

15 year after the date of enactment of this section, the Ad16 ministrator shall promulgate national primary drinking

17 water regulations for radon.

18 ‘‘(b) RADON STANDARD.—

19 ‘‘(1) MAXIMUM CONTAMINANT LEVEL.—The

20 regulations promulgated pursuant to subsection (a)

21 shall specify a maximum contaminant level goal and

22 a maximum contaminant level determined pursuant

23 to section 1412(b).

24 ‘‘(2) ALTERNATIVE CONTAMINANT LEVEL.—

25 Notwithstanding the requirements of section
88

•S 2019 PCS

1 1412(b), the regulations promulgated pursuant to

2 subsection (a) shall—

3 ‘‘(A) specify an alternative contaminant

4 level at which the health risk is equivalent to

5 the health risk associated with the national av6 erage radon level in outdoor air, taking into

7 consideration risks from—

8 ‘‘(i) inhalation; and

9 ‘‘(ii) ingestion of radon in drinking

10 water and episodic uses of drinking water,

11 if the National Academy of Sciences con12 siders it appropriate to include the risks

13 referred to in this clause;

14 ‘‘(B) specify a period of compliance of 3

15 years; and

16 ‘‘(C) require compliance pursuant to para17 graph (3).

18 ‘‘(3) ALTERNATIVE COMPLIANCE PROGRAMS.—

19 A public water system may comply with the alter20 native contaminant level specified in paragraph (2)

21 in lieu of the maximum contaminant level estab22 lished pursuant to paragraph (1) if the system is—

23 ‘‘(A) located in a State that is implement24 ing a program to reduce radon in indoor air or

25 is receiving State grant assistance for the pro-
89

•S 2019 PCS

1 gram pursuant to section 306 of the Toxic Sub2 stances Control Act (15 U.S.C. 2666); or

3 ‘‘(B) implementing a service area alter4 native compliance program pursuant to sub5 section (c).

6 ‘‘(c) SERVICE AREA ALTERNATIVE COMPLIANCE

7 PROGRAM.—

8 ‘‘(1) IN GENERAL.

9 ‘‘(A) SUBMITTAL OF PROGRAM.—The ap10 propriate official of a public water system that

11 proposes to carry out an alternative compliance

12 program shall submit a program to the State

13 agency that has primary enforcement respon14 sibility pursuant to section 1413 or another ap15 propriate State agency designated by the Gov16 ernor.

17 ‘‘(B) PUBLIC REVIEW AND COMMENT.—

18 The appropriate official of the public water sys19 tem shall provide opportunity for public review

20 and comment on the program prior to the sub21 mittal of the program to the State pursuant to

22 subparagraph (A) and shall provide to the State

23 a summary of public comments concerning the

24 program.

25 ‘‘(C) REVIEW BY STATE.—
90

•S 2019 PCS

1 ‘‘(i) IN GENERAL.—Not later than

2 180 days after the date of submittal of the

3 program, the appropriate official of the

4 State shall review and approve the pro5 gram if the program is consistent with the

6 requirements of this section.

7 ‘‘(ii) REVIEW BY ADMINISTRATOR.—

8 The Administrator shall, at the request of

9 a State, review and approve a program

10 submitted to the State pursuant to this

11 subparagraph.

12 ‘‘(2) EDUCATIONAL MATERIAL.—Each alter13 native compliance program referred to in paragraph

14 (1)(A) shall provide for the distribution to each resi15 dential customer, not later than 1 year after the ap16 proval by the State of the program and every 5

17 years thereafter, educational material concerning

18 radon.

19 ‘‘(3) TESTING FOR RADON IN INDOOR AIR.—

20 ‘‘(A) IN GENERAL.—Each alternative com21 pliance program referred to in paragraph

22 (1)(A) shall provide for testing of radon in in23 door air (or evidence that the resident declined

24 to have the residence tested) in not less than 50

25 percent of the residences of residential cus-
91

•S 2019 PCS

1 tomers served by the public water system as ex2 peditiously as practicable, but not later than 5

3 years after the date of approval of an alter4 native compliance program pursuant to this

5 subsection.

6 ‘‘(B) REQUIREMENT FOR TESTING.—Test7 ing for radon in indoor air conducted pursuant

8 to this paragraph shall be conducted by a per9 son certified as proficient in conducting testing

10 for radon in air by the Administrator.

11 ‘‘(4) RADON NEW CONSTRUCTION STAND12 ARDS.—Each program developed pursuant to this

13 subsection shall include the adoption, prior to ap14 proval of the program, of enforceable mechanisms

15 requiring compliance with radon new home construc16 tion standards established by the Administrator pur17 suant to section 304 of the Toxic Substances Con18 trol Act (15 U.S.C. 2664) for each new home to be

19 served by the public water system that is the subject

20 of the program beginning on the date that is 2 years

21 after the date of adoption of the mechanisms.

22 ‘‘(5) ASSESSMENT AND EVALUATION.—

23 ‘‘(A) SUBMITTAL OF ASSESSMENTS.—Each

24 public water system with a program approved

25 by a State pursuant to this subsection shall re-
92

•S 2019 PCS

1 port on program implementation to the State

2 not later than 5 years after the date of approval

3 of the program, and every 5 years thereafter.

4 ‘‘(B) PROGRAM DISAPPROVAL.—In any

5 case in which a State or the Administrator de6 termines that a public water system has not

7 fully complied with the requirements of this

8 subsection, the State or the Administrator

9 shall—

10 ‘‘(i) notify the public water system of

11 the determination; and

12 ‘‘(ii) disapprove the alternative com13 pliance program not later than 1 year after

14 providing notice pursuant to clause (i), un15 less the system takes sufficient corrective

16 action.

17 ‘‘(C) COMPLIANCE.—A public water sys18 tem for which an alternative compliance pro19 gram is disapproved shall comply with the max20 imum contaminant level for radon (as deter21 mined by the regulations promulgated under

22 subsection (a)) not later than 3 years after the

23 date of disapproval by the Administrator or the

24 State.
93

•S 2019 PCS

1 ‘‘(6) ROLE OF STATE.—A State may assume

2 some or all of the responsibilities of carrying out an

3 alternative compliance program approved pursuant

4 to this subsection.

5 ‘‘(d) REPORT.—

6 ‘‘(1) IN GENERAL.—Not later than 7 years

7 after the date of enactment of this section, the Ad8 ministrator shall submit a report to Congress that

9 assesses and evaluates the implementation of the

10 regulations promulgated pursuant to subsection (a).

11 ‘‘(2) CONTENTS OF REPORT.—The report

12 shall—

13 ‘‘(A) identify the number of public water

14 systems that are in violation of a maximum

15 contaminant level or alternative contaminant

16 level established pursuant to the regulations;

17 ‘‘(B) identify the number of programs of

18 public water systems approved by a State pur19 suant to this subsection and the number of

20 States receiving grant assistance under section

21 306 of the Toxic Substances Control Act (15

22 U.S.C. 2666);

23 ‘‘(C) evaluate the implementation of the

24 public water system and State programs; and
94

•S 2019 PCS

1 ‘‘(D) estimate the overall change in radon

2 exposure attained as a result of alternative

3 compliance programs and State radon pro4 grams.

5 ‘‘(e) RESIDENTIAL CUSTOMER DEFINED.—As used

6 in this section, the term ‘residential customer’ means a

7 customer of a public water system that occupies a resi8 dence other than an apartment located above the first

9 story of a building.’’.

10 SEC. 9. SOURCE WATER PROTECTION PROGRAMS.

11 (a) SOURCE WATER PROTECTION.—Part C (42

12 U.S.C. 300h et seq.) is amended—

13 (1) in the part heading, by striking ‘‘UNDER14 GROUND’’; and

15 (2) by adding at the end the following new sec16 tion:

17 ‘‘SOURCE WATER PROTECTION

18 ‘‘SEC. 1429. (a) STATE PROGRAMS.—Not later than

19 2 years after the date of enactment of this section, the

20 Governor of each State shall adopt and submit to the Ad21 ministrator for approval pursuant to subsection (d) a

22 source water protection program. The program shall, at

23 a minimum—

24 ‘‘(1) establish procedures for the approval of

25 source water protection plans developed pursuant to

26 subsection (b), sole source aquifer plans developed
95

•S 2019 PCS

1 pursuant to section 1427, and wellhead protection

2 plans developed pursuant to section 1428;

3 ‘‘(2) designate a State agency with the author4 ity and expertise to implement measures and prac5 tices to protect source waters (including on a State6 wide basis), conduct delineations of source water

7 protection areas, and develop plans for community

8 water systems that request the plans or that the

9 State considers necessary;

10 ‘‘(3) provide financial and technical assistance

11 to community water systems or other planning enti12 ties for the delineation of source water protection

13 areas and the development and implementation of

14 source water protection plans;

15 ‘‘(4) describe a program of technical and finan16 cial assistance, education, training, monitoring, dem17 onstration projects, and enforcement that is avail18 able to restore and protect source water and may be

19 implemented by State agencies and by source water

20 protection plans;

21 ‘‘(5) provide for such coordination of pollution

22 control and water protection requirements under

23 State and local law and such enforcement of the re24 quirements as are necessary to carry out approved

25 source water protection plans; and
96

•S 2019 PCS

1 ‘‘(6) ensure that community water systems with

2 approved plans are notified of any State action, in3 cluding the issuance or renewal of any permit or li4 cense, that may affect the quality of the source

5 water available to the system.

6 ‘‘(b) SOURCE WATER PROTECTION PLANS.—After a

7 State source water protection program is approved under

8 subsection (d), any community water system, State or

9 local government agency, or planning entity (including any

10 interstate or regional planning agency) may submit a

11 source water protection plan developed pursuant to this

12 subsection, a sole source aquifer plan developed pursuant

13 to section 1427, or a wellhead protection plan developed

14 pursuant to section 1428 to the State for approval. The

15 State shall approve or disapprove the plan in an expedi16 tious manner. The State shall not approve a plan unless

17 the plan meets each requirement established by the Ad18 ministrator in guidance issued under subsection (c) and

19 each of the following requirements:

20 ‘‘(1) GOAL.—The objective of the source water

21 protection plan shall be to restore and protect the

22 quality of the water available to a community water

23 system that is used for drinking water.

24 ‘‘(2) DELINEATION.—The plan shall include a

25 delineation of the source water supply protection
97

•S 2019 PCS

1 area in the State consistent with guidance for delin2 eations issued by the Administrator under subsection

3 (c).

4 ‘‘(3) ASSESSMENT.—The plan shall include an

5 assessment of the current quality of the source

6 water used by the community water system, includ7 ing the results of tests for regulated and unregulated

8 contaminants, consistent with the guidance issued by

9 the Administrator under subsection (c).

10 ‘‘(4) IDENTIFICATION OF POLLUTION

11 SOURCES.—The plan shall identify each source of

12 water pollution (or category of sources) within the

13 protection area that may contribute to the contami14 nation of water used for drinking water. If contami15 nants have been detected at quantifiable levels in the

16 source water of the community water system, the

17 plan shall, to the extent practicable, identify the spe18 cific sources of pollution releasing those contami19 nants.

20 ‘‘(5) PUBLIC EDUCATION.—The plan shall in21 clude provisions for public education to inform the

22 customers of the community water system of con23 tamination within the source water supply protection

24 area and the measures being taken to protect water

25 quality.
98

•S 2019 PCS

1 ‘‘(6) CONTINGENCY PLANNING.—The plan shall

2 include contingency plans to avoid contamination

3 problems from unexpected events (including flood4 ing) and for the location and provision of alternate

5 drinking water supplies in the event of contamina6 tion.

7 ‘‘(7) POLLUTION PREVENTION MEASURES.—

8 The plan shall describe measures and practices nec9 essary to control existing or new sources of pollution

10 that may contribute contaminants to source water

11 used for drinking water.

12 ‘‘(8) IMPLEMENTATION.—The plan shall in13 clude a schedule for the implementation of the meas14 ures and practices referred to in paragraph (7) and

15 assurances that the appropriate State or local agen16 cy has available to the agency such legal authority

17 as is necessary to provide for the implementation of

18 the measures and practices and that the State or

19 local agency has the financial capability to imple20 ment measures and practices consistent with the

21 schedule established pursuant to this paragraph.

22 ‘‘(c) GUIDANCE.—

23 ‘‘(1) IN GENERAL.—Not later than 1 year after

24 the date of enactment of this section, the Adminis25 trator shall publish guidance to assist States and
99

•S 2019 PCS

1 community water systems in the development and

2 implementation of source water protection programs,

3 sole source aquifer plans developed pursuant to sec4 tion 1427, and wellhead protection plans developed

5 pursuant to section 1428.

6 ‘‘(2) CONTENTS OF GUIDANCE.—The guidance

7 may—

8 ‘‘(A) establish criteria for the delineation

9 of source water protection areas within a State;

10 ‘‘(B) describe measures and practices ap11 plicable to various sources or categories of

12 sources that contribute contaminants to source

13 waters used for drinking water;

14 ‘‘(C) provide for alternative monitoring re15 quirements for regulated contaminants for com16 munity water systems with approved plans that

17 are being implemented; and

18 ‘‘(D) describe sources of funding available

19 to develop and implement source water protec20 tion plans.

21 ‘‘(3) PUBLIC PARTICIPATION.—The guidance

22 shall establish procedures for public participation in

23 the development of programs and plans under this

24 section, including notice and an opportunity for com25 ment on State programs prior to the time the pro-
100

•S 2019 PCS

1 grams are submitted for approval and a public hear2 ing on source water protection plans conducted in

3 the area that will be subject to the plan.

4 ‘‘(d) APPROVAL OF STATE PROGRAM.—

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

6 approve or disapprove each State source water pro7 tection program submitted under this section not

8 later than 180 days after receipt of the program.

9 The Administrator shall approve a State program

10 that meets each of the requirements of this section

11 and the guidance issued under subsection (c). If the

12 Administrator disapproves a State program, the Ad13 ministrator shall notify the State in writing of the

14 reasons for disapproval. The State may resubmit the

15 program as amended to resolve the objections of the

16 Administrator.

17 ‘‘(2) CAPITALIZATION GRANT.—Beginning in

18 fiscal year 1998, and each fiscal year thereafter, the

19 Administrator shall withhold 50 percent of each cap20 italization grant made to a State pursuant to part

21 G if the Administrator has not approved a State

22 source water protection program for the State under

23 this section.

24 ‘‘(3) REVIEW.—The Administrator shall peri25 odically, but not less often than every 5 years, re-
101

•S 2019 PCS

1 view State source water protection programs that

2 have been approved under this subsection to deter3 mine whether the State is carrying out the program

4 in accordance with requirements of this section and

5 the guidance of the Administrator. The Adminis6 trator shall withdraw approval of a State source

7 water protection program upon completion of the re8 view, if the program is not in compliance with the

9 requirements of this section or if the State is not

10 considering and approving source water protection

11 plans submitted by, or on behalf of, community

12 water systems in a timely manner.

13 ‘‘(e) INCENTIVES FOR SOURCE WATER PROTECTION

14 PLANS.—

15 ‘‘(1) ELIGIBILITY FOR POLLUTION CONTROL

16 ASSISTANCE.—Projects, measures, and practices

17 identified in source water protection plans, sole

18 source aquifer plans developed pursuant to section

19 1427, and wellhead protection plans developed pur20 suant to section 1428 that have been approved

21 under a State source water protection program ap22 proved under subsection (d) shall be eligible for as23 sistance under the Federal Water Pollution Control

24 Act (33 U.S.C. 1251 et seq.), including assistance

25 provided under section 319 and title VI of such Act
102

•S 2019 PCS

1 (33 U.S.C. 1329 and 1381 et seq.), in the same

2 manner as a project, measure, or practice identified

3 in a State plan under such section 319 is eligible for

4 assistance under such Act.

5 ‘‘(2) REDUCED MONITORING REQUIREMENTS.—

6 A plan meeting any requirements established by the

7 Administrator in guidance issued under subsection

8 (c)(2)(D) may provide, upon approval by the State,

9 for alternative monitoring requirements for contami10 nants addressed by the plan to be applicable to the

11 community water system for which the plan was pre12 pared in lieu of requirements that would otherwise

13 apply under national primary drinking water regula14 tions. Any proposal for alternative monitoring re15 quirements shall identify specific pollution preven16 tion or control measures to be implemented that

17 allow for an alternative monitoring requirement.

18 ‘‘(3) ACTIVITIES INVOLVING FEDERAL AGEN19 CIES.—In the case of a water supply protection area

20 within a State for which a source water protection

21 plan is approved pursuant to this section, each activ22 ity or development project carried out by a Federal

23 agency within the area shall be carried out in a

24 manner that is, to the maximum extent practicable,
103

•S 2019 PCS

1 consistent with the plan approved pursuant to this

2 section.’’.

3 (b) CRITICAL AQUIFER PROTECTION.—Section 1427

4 (42 U.S.C. 300h–6) is amended—

5 (1) by striking subsections (a) and (b) and in6 serting the following new subsections:

7 ‘‘(a) PURPOSE.—The purpose of this section is to

8 support and assist the establishment of programs for the

9 protection of critical aquifer protection areas.

10 ‘‘(b) DEFINITION OF CRITICAL AQUIFER PROTEC11 TION AREA.—As used in this section, the term ‘critical

12 aquifer protection area’ means an area that contains

13 ground water that—

14 ‘‘(1) is the principal source of supply to a pub15 lic water system;

16 ‘‘(2) if contaminated, would create a significant

17 hazard to public health; and

18 ‘‘(3) satisfies the criteria established pursuant

19 to subsection (d).’’;

20 (2) in subsection (c)—

21 (A) in the first sentence—

22 (i) by striking ‘‘State,’’;

23 (ii) by striking ‘‘the Administrator’’

24 and inserting ‘‘a State with a program ap25 proved pursuant to section 1429’’; and
104

•S 2019 PCS

1 (iii) by striking ‘‘selection of such

2 area for a demonstration program’’ and in3 serting ‘‘approval of an application for the

4 designation of the area’’; and

5 (B) by striking the last sentence; and

6 (3) in the first sentence of subsection (n), by

7 adding at the end the following:

‘‘1992–2000 ................................................................................. 20,000,000.’’.

8 (c) WELLHEAD PROTECTION AREAS.—

9 (1) APPLICATIONS.—Section 1428(a) (42

10 U.S.C. 300h–7(a)) is amended by striking ‘‘shall,

11 within 3 years of the date of enactment of the Safe

12 Drinking Water Act Amendments of 1986,’’ and in13 serting ‘‘may’’.

14 (2) AUTHORIZATION OF APPROPRIATIONS.—

15 Section 1428(k) (42 U.S.C. 300h–7(k)) is amended

16 by adding at the end the following:

‘‘1992–2000 ................................................................................. 35,000,000.’’.

17 SEC. 10. EMERGENCY POWERS.

18 Section 1431 (42 U.S.C. 300i) is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘(a)’’;

21 (B) in the first sentence, by striking ‘‘and

22 that appropriate State and local authorities

23 have not acted to protect the health of such

24 persons’’ and inserting ‘‘and upon providing
105

•S 2019 PCS

1 concurrent notice to appropriate State and local

2 officials’’;

3 (C) by striking the second sentence; and

4 (D) in the last sentence, by inserting ‘‘or

5 to restore or protect the public water system or

6 underground source of drinking water’’ after

7 ‘‘(including travelers)’’; and

8 (2) by striking subsection (b).

9 SEC. 11. DRINKING WATER RESEARCH, EDUCATION, AND

10 CERTIFICATION.

11 (a) IN GENERAL.—Section 1442 (42 U.S.C. 300j–1)

12 (as amended by section 5(c)) is further amended—

13 (1) by redesignating paragraph (3) of sub14 section (b) as paragraph (3) of subsection (d) and

15 moving such paragraph to appear after paragraph

16 (2) of subsection (d);

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

18 (3) by redesignating subparagraph (B) of sub19 section (a)(2) as subsection (b) and moving such

20 subsection to appear after subsection (a);

21 (4) in subsection (a)—

22 (A) by striking paragraph (2) (as so

23 amended) and inserting the following new para24 graph:
106

•S 2019 PCS

1 ‘‘(2) INFORMATION AND RESEARCH FACILI2 TIES.—In carrying out this title, the Administrator

3 is authorized to—

4 ‘‘(A) collect and make available informa5 tion pertaining to research, investigations, and

6 demonstrations with respect to providing a de7 pendably safe supply of drinking water, to8 gether with appropriate recommendations in

9 connection with the information; and

10 ‘‘(B) make available research facilities of

11 the Agency to appropriate public authorities, in12 stitutions, and individuals engaged in studies

13 and research relating to this title.’’; and

14 (B) by adding at the end the following new

15 paragraph:

16 ‘‘(12) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated to carry out

18 this subsection and subsection (h) $25,000,000 for

19 each of fiscal years 1994 through 2000.’’;

20 (5) in subsection (b) (as so amended)—

21 (A) by striking ‘‘subparagraph’’ each place

22 it appears and inserting ‘‘subsection’’; and

23 (B) by adding at the end the following new

24 sentence: ‘‘There are authorized to be appro-
107

•S 2019 PCS

1 priated to carry out this subsection $8,000,000

2 for each of fiscal years 1995 through 2000.’’;

3 (6) in the first sentence of subsection (c), by

4 striking ‘‘eighteen months after the date of enact5 ment of this subsection’’ and inserting ‘‘2 years

6 after the date of enactment of the Safe Drinking

7 Water Act Amendments of 1994, and every 5 years

8 thereafter’’;

9 (7) in subsection (d) (as amended by paragraph

10 (1))—

11 (A) in paragraph (1), by striking ‘‘, and’’

12 at the end and inserting a semicolon;

13 (B) in paragraph (2), by striking the pe14 riod at the end and inserting ‘‘; and’’;

15 (C) by adding after paragraph (3) (as re16 designated by paragraph (1)) the following new

17 paragraph:

18 ‘‘(4) develop and maintain a system for fore19 casting the supply of, and demand for, various pro20 fessional occupational categories and other occupa21 tional categories needed for the protection and treat22 ment of drinking water in each region of the United

23 States.’’; and

24 (D) by adding at the end the following new

25 sentence: ‘‘There are authorized to be appro-
108

•S 2019 PCS

1 priated to carry out this subsection

2 $10,000,000 for each of fiscal years 1994

3 through 2000.’’;

4 (8) by striking subsection (e) and inserting the

5 following new subsection:

6 ‘‘(e) CERTIFICATION OF OPERATORS AND LABORA7 TORIES.—

8 ‘‘(1) REQUIREMENT.—The principal operator of

9 a public water system and any laboratory conducting

10 tests pursuant to this title, and such additional per11 sonnel as may be designated by the Administrator,

12 shall be required to be certified as proficient pursu13 ant to this section by a State or the Administrator.

14 ‘‘(2) EFFECTIVE DATE.—The requirement re15 ferred to in paragraph (1) shall become effective on

16 the date that is 4 years after the date of enactment

17 of the Safe Drinking Water Act Amendments of

18 1994.

19 ‘‘(3) REGULATIONS.—Not later than 2 years

20 after the date of enactment of the Safe Drinking

21 Water Act Amendments of 1994, the Administrator

22 shall publish regulations specifying minimum stand23 ards for certification of the proficiency of operators

24 and other appropriate personnel by a State pursuant

25 to this subsection.’’;
109

•S 2019 PCS

1 (9) in subsection (g)—

2 (A) in the second sentence, by inserting

3 ‘‘and multi-State regional technical assistance’’

4 after ‘‘ ‘circuit rider’ ’’; and

5 (B) in the third sentence, by striking

6 ‘‘1987 through 1991’’ and inserting ‘‘1994

7 through 2000’’; and

8 (10) by adding at the end the following new

9 subsection:

10 ‘‘(i) RESEARCH.—

11 ‘‘(1) IN GENERAL.—In conducting research

12 under this section, the Administrator shall conduct

13 studies to—

14 ‘‘(A) determine the levels and national dis15 tributions of contaminants in drinking water

16 that have adverse effects on human populations;

17 ‘‘(B) develop more reliable and cost-effec18 tive monitoring methods to identify and charac19 terize drinking water contaminants;

20 ‘‘(C) determine the diseases drinking water

21 contaminants likely cause;

22 ‘‘(D) identify other sources of exposure

23 that exist for the hazardous agents found in

24 drinking water and whether drinking water is a
110

•S 2019 PCS

1 major or minor contributor to the overall expo2 sure to the hazardous agents;

3 ‘‘(E) develop improved technologies and al4 ternative strategies for treating water, particu5 larly for small systems, that emphasize risk re6 duction; and

7 ‘‘(F) evaluate the relative risks, costs, and

8 benefits of each strategy to provide safe drink9 ing water to citizens of the United States.

10 ‘‘(2) RISK ASSESSMENT RESEARCH.—In carry11 ing out paragraph (1), the Administrator shall con12 duct research necessary to—

13 ‘‘(A) develop a more accurate, coordinated

14 national data base on the occurrence of con15 taminants (including chemicals, microbes, and

16 radiologics) in drinking water, as well as in air,

17 food, and other media;

18 ‘‘(B) understand the mechanisms by which

19 chemical contaminants are absorbed, distrib20 uted, metabolized, and eliminated from the

21 human body, so as to develop more accurate

22 physiologically based models of the phenomena;

23 ‘‘(C) understand the effects of contami24 nants referred to in subparagraph (A) and the

25 mechanisms by which the contaminants cause
111

•S 2019 PCS

1 adverse effects (especially noncancer and infec2 tious effects) and the variations in the effects

3 among humans, especially sensitive subpopula4 tions, and from test animals to humans;

5 ‘‘(D) develop new tools, such as

6 biomarkers, to allow epidemiological studies of

7 higher resolution so as to confirm the pre8 dictions of health hazards to humans that are

9 derived from animal studies; and

10 ‘‘(E) develop new approaches to the study

11 of complex mixtures, such as mixtures found in

12 drinking water, especially to determine the

13 prospects for synergistic or antagonistic inter14 actions that may affect the shape of the dose15 response relationship of the individual chemicals

16 and microbes, and to examine noncancer

17 endpoints and infectious diseases, and suscep18 tible individuals and subpopulations.

19 ‘‘(3) STUDIES.—In carrying out paragraph (1),

20 the Administrator shall—

21 ‘‘(A) conduct studies on the relative risks

22 of alternative disinfectants and the byproducts

23 of the disinfectants;

24 ‘‘(B) conduct studies on the microorga25 nisms that occur in drinking water and surveys
112

•S 2019 PCS

1 to identify highly susceptible populations that

2 are at greater risk of disease because of the

3 microorganisms found in drinking water;

4 ‘‘(C) conduct social science studies to bet5 ter evaluate how to weigh and analyze compet6 ing risks, such as risks associated with chemical

7 exposures versus microbial exposures in drink8 ing water;

9 ‘‘(D) establish a national data base that

10 describes the occurrences of the synthetic or11 ganic chemicals found in drinking water, and

12 conduct studies to identify the relative contribu13 tions of the chemicals from poor quality source

14 water, highly treated wastewaters considered

15 for direct reuse, treatment processes, and mate16 rials used in plumbing or distribution systems;

17 ‘‘(E) conduct studies on inorganic and syn18 thetic organic chemicals to evaluate the effects

19 of treatment processes, such as coagulation and

20 chemical oxidation, on the level and toxic effects

21 of chemicals in drinking water and the potential

22 risks associated with the disposal of sludges and

23 other wastes resulting from drinking water

24 treatment; and
113

•S 2019 PCS

1 ‘‘(F) develop microbial models to predict

2 the impact of waterborne microorganisms on

3 community health, assess the costs and benefits

4 of control strategies, evaluate competing risks,

5 and develop and implement risk management

6 decisions.

7 ‘‘(4) PRIORITIZATION.—Congress finds that re8 search conducted under this section will be costly

9 and will require years to achieve. In light of the

10 costs, a high priority for research under this section

11 should be placed on any substance in drinking water

12 that meets the following criteria:

13 ‘‘(A) The concentrations at which the sub14 stance is commonly found in drinking water are

15 sufficiently high to suggest that the substance

16 may significantly impact the public health as

17 judged by then current risk assessments.

18 ‘‘(B) There is significant concern over the

19 accuracy of then current assessments.

20 ‘‘(C) Viable and compelling hypotheses can

21 be proposed concerning potential mechanisms of

22 action that are amenable to testing.

23 ‘‘(D) Measurement of the substance and,

24 in the case of a chemical, the important
114

•S 2019 PCS

1 metabolites of the substance, in the body is fea2 sible.

3 ‘‘(E) There is significant concern over the

4 substance such that there is a need to develop

5 methods to measure the substance or the im6 portant metabolites of the substance, or both.

7 ‘‘(F) Regulation has the potential of im8 posing adverse impacts on public health, such

9 as dictating the use of a water treatment proc10 ess that is less well proven or potentially more

11 toxic than the process in use.

12 ‘‘(5) RISK CHARACTERIZATION AND RISK MAN13 AGEMENT.—

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

15 shall develop an integrated risk characterization

16 strategy for drinking water quality.

17 ‘‘(B) DEADLINES.—The strategy shall

18 be—

19 ‘‘(i) submitted to Congress not later

20 than 1 year after the date of enactment of

21 this subsection; and

22 ‘‘(ii) revised every 3 years thereafter.

23 ‘‘(C) PURPOSES.—The strategy shall—

24 ‘‘(i) define the policy of the Adminis25 trator for drinking water protection;
115

•S 2019 PCS

1 ‘‘(ii) describe the plans of the Admin2 istrator to conduct research, over the 12-

3 to 15-year period beginning on the date of

4 the submission or revision, to resolve the

5 uncertainties about drinking water risks;

6 ‘‘(iii) identify unmet needs, priorities

7 for study, how the results of the studies

8 may be used to better understand the risks

9 of drinking water exposures for near-term

10 decisionmaking, and to improve the sci11 entific basis for decisionmaking over time;

12 and

13 ‘‘(iv) address the uncertainties that

14 will likely remain even after the research is

15 completed and what the uncertainties

16 imply for decisionmaking by the Adminis17 trator and for communicating the decisions

18 to the public and Congress.’’.

19 (b) STATE CERTIFICATION OF OPERATORS AND LAB20 ORATORIES.—Section 1413(a) (42 U.S.C. 300g–2(a)) (as

21 amended by section 6(b)) is further amended by adding

22 at the end the following new paragraph:

23 ‘‘(8) has adopted requirements for the certifi24 cation of operators of public water systems and lab-
116

•S 2019 PCS

1 oratories conducting tests pursuant to this title con2 sistent with section 1442(e).’’.

3 SEC. 12. STATE DRINKING WATER PROGRAM FUNDING.

4 (a) PUBLIC WATER SYSTEM SUPERVISION PRO5 GRAM.—Section 1443(a) (42 U.S.C. 300j–2(a)) is amend6 ed—

7 (1) in paragraph (3)—

8 (A) by striking ‘‘(3) A grant’’ and insert9 ing the following:

10 ‘‘(3) AMOUNT OF GRANT.—

11 ‘‘(A) IN GENERAL.—A grant’’; and

12 (B) by adding at the end the following new

13 subparagraph:

14 ‘‘(B) DETERMINATION OF COSTS.—In

15 order to determine the costs of a grant recipient

16 pursuant to this paragraph, the Administrator

17 shall, in cooperation with the States and not

18 later than 60 days after the date of enactment

19 of this subparagraph, establish a resource

20 model for the public water system supervision

21 program and review and revise the model as

22 necessary.’’;

23 (2) in paragraph (7), by adding at the end a

24 period and the following new flush sentence: ‘‘For

25 the purpose of making grants under paragraph (1),
117

•S 2019 PCS

1 there are authorized to be appropriated such sums

2 as are necessary for each of fiscal years 1992 and

3 1993 and $100,000,000 for each of fiscal years

4 1994 through 2000.’’; and

5 (3) by adding at the end the following new

6 paragraphs:

7 ‘‘(8) RESERVATION OF FUNDS BY THE ADMIN8 ISTRATOR.—If the Administrator assumes the pri9 mary enforcement responsibility of a State water

10 system supervision program, the Administrator may

11 reserve from funds made available pursuant to this

12 subsection, an amount equal to the amount that

13 would otherwise have been provided to the State

14 pursuant to this subsection. The Administrator shall

15 use the funds reserved pursuant to this paragraph to

16 ensure the full and effective administration of a pub17 lic water system supervision program in the State.

18 ‘‘(9) STATE LOAN FUNDS.—

19 ‘‘(A) IN GENERAL.—In addition to

20 amounts made available pursuant to paragraph

21 (8), the Administrator may use the amount re22 served pursuant to subparagraph (B) for the

23 administration of the public water system su24 pervision program of States in which the Ad25 ministrator implements the program.
118

•S 2019 PCS

1 ‘‘(B) RESERVATION OF FUNDS.—For any

2 fiscal year for which the amounts made avail3 able to the Administrator by appropriation are

4 less than the amount the Administrator deter5 mines is needed to supplement funds made

6 available pursuant to paragraph (8) and ensure

7 the full and effective administration of a public

8 water system supervision program in a State,

9 the Administrator may reserve from funds

10 made available to the State pursuant to section

11 1479 the difference between the amounts.’’.

12 (b) STATE GROUND WATER PROTECTION GRANTS.—

13 Section 1443 (42 U.S.C. 300j–2) is amended—

14 (1) by redesignating subsection (c) as sub15 section (d); and

16 (2) by inserting after subsection (b) the follow17 ing new subsection:

18 ‘‘(c) STATE GROUND WATER PROTECTION

19 GRANTS.—

20 ‘‘(1) IN GENERAL.—The Administrator may

21 make a grant to a State for the development and im22 plementation of a State program to ensure the co23 ordinated and comprehensive protection of ground

24 water resources within the State.
119

•S 2019 PCS

1 ‘‘(2) GUIDANCE.—Not later than 1 year after

2 the date of enactment of the Safe Drinking Water

3 Act Amendments of 1994, and annually thereafter,

4 the Administrator shall publish guidance that estab5 lishes procedures for application for State ground

6 water protection program assistance and that identi7 fies key elements of State ground water protection

8 programs.

9 ‘‘(3) CONDITIONS OF GRANTS.—

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

11 shall award grants to States that submit an ap12 plication that is approved by the Administrator.

13 The Administrator shall determine the amount

14 of a grant awarded pursuant to this paragraph

15 on the basis of an assessment of the extent of

16 ground water resources in the State and the

17 likelihood that awarding the grant will result in

18 sustained and reliable protection of ground

19 water quality.

20 ‘‘(B) INNOVATIVE PROGRAM GRANTS.—

21 The Administrator may also award a grant pur22 suant to this paragraph for innovative programs

23 proposed by a State for the prevention of

24 ground water contamination.
120

•S 2019 PCS

1 ‘‘(C) ALLOCATION OF FUNDS.—The Ad2 ministrator shall, at a minimum, ensure that,

3 for each fiscal year, not less than 1 percent of

4 funds made available to the Administrator by

5 appropriations to carry out this subsection are

6 allocated to each State that submits an applica7 tion that is approved by the Administrator pur8 suant to this subsection.

9 ‘‘(D) LIMITATION ON GRANTS.—No grant

10 awarded by the Administrator may be used for

11 a project to remediate ground water contamina12 tion.

13 ‘‘(4) COORDINATION WITH OTHER GRANT PRO14 GRAMS.—The awarding of grants by the Adminis15 trator pursuant to this subsection shall be coordi16 nated with the awarding of grants pursuant to sec17 tion 319(i) of the Federal Water Pollution Control

18 Act (33 U.S.C. 1329(i)) and the awarding of other

19 Federal grant assistance that provides funding for

20 programs related to ground water protection.

21 ‘‘(5) AMOUNT OF GRANTS.—The amount of a

22 grant awarded pursuant to paragraph (1) shall not

23 exceed 50 percent of the eligible costs of carrying

24 out the ground water protection program that is the

25 subject of the grant (as determined by the Adminis-
121

•S 2019 PCS

1 trator) for the 1-year period beginning on the date

2 that the grant is awarded. The State shall pay a

3 State share to cover the costs of the ground water

4 protection program from State funds in an amount

5 that is not less than 50 percent of the cost of con6 ducting the program.

7 ‘‘(6) EVALUATIONS AND REPORTS.—Not later

8 than 3 years after the date of enactment of the Safe

9 Drinking Water Act Amendments of 1994, and

10 every 3 years thereafter, the Administrator shall

11 evaluate the State ground water protection programs

12 that are the subject of grants awarded pursuant to

13 this subsection and report to Congress on the status

14 of ground water quality in the United States and the

15 effectiveness of State programs for ground water

16 protection.

17 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated to the Envi19 ronmental Protection Agency to carry out this sub20 section $20,000,000 for each of fiscal years 1995

21 through 2000.’’.

22 SEC. 13. INFORMATION AND INSPECTIONS.

23 (a) INFORMATION GATHERING.—Subparagraph (A)

24 of section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as des25 ignated by section 4(g)(1)(A)) is amended by striking
122

•S 2019 PCS

1 ‘‘such information as the Administrator may reasonably

2 require’’ and all that follows through the period at the end

3 and inserting the following: ‘‘such information as the Ad4 ministrator may reasonably require—

5 ‘‘(i) to assist the Administrator in establishing

6 regulations under this title or to assist the Adminis7 trator in determining, on a case-by-case basis,

8 whether the person has acted or is acting in compli9 ance with this title; and

10 ‘‘(ii) by regulation to assist the Administrator

11 in determining compliance with national primary

12 drinking water regulations promulgated under sec13 tion 1412 or in administering any program of finan14 cial assistance under this title.’’.

15 (b) INSPECTIONS.—Subsections (b) and (c) of section

16 1445 (42 U.S.C. 300j–4) are amended to read as follows:

17 ‘‘(b) INSPECTIONS.—

18 ‘‘(1) IN GENERAL.—The Administrator, or the

19 authorized representative of the Administrator (in20 cluding an authorized contractor acting as a rep21 resentative of the Administrator), on presentation of

22 appropriate credentials to any person who is or may

23 be subject to—

24 ‘‘(A) a national primary drinking water

25 regulation prescribed pursuant to section 1412;
123

•S 2019 PCS

1 ‘‘(B) an applicable underground injection

2 control program;

3 ‘‘(C) any requirement to monitor an un4 regulated contaminant pursuant to subsection

5 (a); or

6 ‘‘(D) any other requirement of this title,

7 or to a person in charge of any of the property of

8 a person referred to in subparagraph (A), (B), (C),

9 or (D) (or the senior employee present at the site),

10 is authorized to enter any establishment, facility, or

11 other property of a person referred to in subpara12 graph (A), (B), (C), or (D).

13 ‘‘(2) PURPOSES OF INSPECTIONS.—The Admin14 istrator or an authorized representative of the Ad15 ministrator may enter an establishment, facility, or

16 other property pursuant to paragraph (1)—

17 ‘‘(A) in order to determine whether a per18 son has acted or is acting in compliance with

19 this title, including for this purpose, inspecting,

20 at reasonable times, records, files, papers, proc21 esses, controls, and facilities; or

22 ‘‘(B) in order to test any feature of a pub23 lic water system, including the raw water source

24 of the system.
124

•S 2019 PCS

1 ‘‘(3) ACCESS TO RECORDS.—The Administrator

2 or the Comptroller General of the United States (or

3 any authorized representative designated by the Ad4 ministrator or the Comptroller General of the United

5 States) shall have access for the purpose of audit

6 and examination to any record, report, or informa7 tion of a person or grantee that—

8 ‘‘(A) is required to be maintained under

9 subsection (a); or

10 ‘‘(B) is pertinent to any financial assist11 ance provided pursuant to this title.

12 ‘‘(c) COMPLIANCE.—Any person, who is subject to

13 any requirement of this title (including a person that the

14 Administrator determines may be subject to a requirement

15 of this title), shall—

16 ‘‘(1) comply with the requirements of subsection

17 (a);

18 ‘‘(2) allow the Administrator or the authorized

19 representative of the Administrator to enter and

20 make determinations and test and take samples pur21 suant to paragraphs (1) and (2) of subsection (b);

22 and

23 ‘‘(3) allow the Administrator, the Comptroller

24 General of the United States, or an authorized rep25 resentative of the Administrator or the Comptroller
125

•S 2019 PCS

1 General of the United States, to have access to,

2 audit, and examine records, reports, and information

3 pursuant to subsection (b)(3).’’.

4 SEC. 14. FEDERAL AGENCIES.

5 (a) IN GENERAL.—Subsections (a) and (b) of section

6 1447 (42 U.S.C. 300j–6) are amended to read as follows:

7 ‘‘(a) COMPLIANCE.—

8 ‘‘(1) IN GENERAL.—Each Federal agency shall

9 be subject to, and comply with, all Federal, State,

10 interstate, and local substantive and procedural re11 quirements, administrative authorities, and process

12 and sanctions concerning the provision of safe drink13 ing water in the same manner, and to the same ex14 tent, as any nongovernmental entity is subject to,

15 and shall comply with, the requirements, authorities,

16 and process and sanctions.

17 ‘‘(2) ADMINISTRATIVE ORDERS AND PEN18 ALTIES.—The Federal, State, interstate, and local

19 substantive and procedural requirements, adminis20 trative authorities, and process and sanctions re21 ferred to in paragraph (1) include all administrative

22 orders and all civil and administrative penalties or

23 fines, regardless of whether the penalties or fines are

24 punitive or coercive in nature or are imposed for iso25 lated, intermittent, or continuing violations.
126

•S 2019 PCS

1 ‘‘(3) LIMITED WAIVER OF SOVEREIGN IMMU2 NITY.—The United States expressly waives any im3 munity otherwise applicable to the United States

4 with respect to any requirement, administrative au5 thority, or process or sanction referred to in para6 graph (2) (including any injunctive relief, adminis7 trative order, or civil or administrative penalty or

8 fine referred to in paragraph (2), or reasonable serv9 ice charge). The reasonable service charge referred

10 to in the preceding sentence includes a fee or charge

11 assessed in connection with the processing, issuance,

12 renewal, or amendment of a permit, variance, or ex13 emption, review of a plan, study, or other document,

14 or inspection or monitoring of a facility, as well as

15 any other nondiscriminatory charge that is assessed

16 in connection with a Federal, State, interstate, or

17 local safe drinking water regulatory program.

18 ‘‘(4) CIVIL PENALTIES.—No agent, employee,

19 or officer of the United States shall be personally

20 liable for any civil penalty under this subsection with

21 respect to any act or omission within the scope of

22 the official duties of the agent, employee, or officer.

23 ‘‘(5) CRIMINAL SANCTIONS.—An agent, em24 ployee, or officer of the United States may be sub25 ject to a criminal sanction under a State, interstate,
127

•S 2019 PCS

1 or local law concerning the provision of drinking

2 water. No department, agency, or instrumentality of

3 the executive, legislative, or judicial branch of the

4 Federal Government shall be subject to a sanction

5 referred to in the preceding sentence.

6 ‘‘(b) WAIVER OF COMPLIANCE.—

7 ‘‘(1) IN GENERAL.—The President may waive

8 compliance with subsection (a) by any department,

9 agency, or instrumentality in the executive branch if

10 the President determines waiving compliance with

11 such subsection to be in the paramount interest of

12 the United States.

13 ‘‘(2) WAIVERS DUE TO LACK OF APPROPRIA14 TIONS.—No waiver described in paragraph (1) shall

15 be granted due to the lack of an appropriation un16 less the President has specifically requested the ap17 propriation as part of the budgetary process and

18 Congress has failed to make available the requested

19 appropriation.

20 ‘‘(3) PERIOD OF WAIVER.—A waiver under this

21 subsection shall be for a period of not to exceed 1

22 year, but an additional waiver may be granted for a

23 period of not to exceed 1 year on the termination of

24 a waiver if the President reviews the waiver and

25 makes a determination that it is in the paramount
128

•S 2019 PCS

1 interest of the United States to grant an additional

2 waiver.

3 ‘‘(4) REPORT.—Not later than January 31 of

4 each year, the President shall report to Congress on

5 each waiver granted pursuant to this subsection dur6 ing the preceding calendar year, together with the

7 reason for granting the waiver.’’.

8 (b) CITIZEN ENFORCEMENT.—The first sentence of

9 section 1449(a) (42 U.S.C. 300j–8(a)) is amended—

10 (1) in paragraph (1), by striking ‘‘, or’’ and in11 serting a semicolon;

12 (2) in paragraph (2), by striking the period at

13 the end and inserting ‘‘; or’’; and

14 (3) by adding at the end the following new

15 paragraph:

16 ‘‘(3) for the collection of a penalty (and associ17 ated costs and interest) against any Federal agency

18 that fails, by the date that is 1 year after the effec19 tive date of a final order to pay a penalty assessed

20 by the Administrator pursuant to section 1414(c), to

21 pay the penalty.’’.

22 (c) CONFORMING AMENDMENTS.—Subsection (c) of

23 section 1447 (42 U.S.C. 300j–6(c)) is amended—

24 (1) by striking ‘‘(c)(1)’’ and inserting the fol25 lowing:
129

•S 2019 PCS

1 ‘‘(c) INDIANS.—

2 ‘‘(1) INDIAN LANDS.—’’; and

3 (2) in paragraph (2), by striking ‘‘(2) For’’ and

4 inserting the following:

5 ‘‘(2) DEFINITION OF FEDERAL AGENCY.—For’’.

6 SEC. 15. ASSESSING ENVIRONMENTAL PRIORITIES, COSTS,

7 AND BENEFITS.

8 (a) DEFINITIONS.—As used in this section:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (2) ADVERSE EFFECT ON HUMAN HEALTH.—

13 The term ‘‘adverse effect on human health’’ includes

14 any increase in the rate of death or serious illness,

15 including disease, cancer, birth defects, reproductive

16 dysfunction, developmental effects (including effects

17 on the endocrine and nervous systems), and other

18 impairments in bodily functions.

19 (3) RISK.—The term ‘‘risk’’ means the likeli20 hood of an occurrence of an adverse effect on human

21 health, the environment, or public welfare.

22 (4) SOURCE OF POLLUTION.—The term ‘‘source

23 of pollution’’ means a category or class of facilities

24 or activities that alter the chemical, physical, or bio25 logical character of the natural environment.
130

•S 2019 PCS

1 (b) FINDINGS.—Congress finds that—

2 (1) cost-benefit analysis and risk assessment

3 are useful but imperfect tools that serve to enhance

4 the information available in developing environ5 mental regulations and programs;

6 (2) cost-benefit analysis and risk assessment

7 can also serve as useful tools in setting priorities

8 and evaluating the success of environmental protec9 tion programs;

10 (3) cost and risk are not the only factors that

11 need to be considered in evaluating environmental

12 programs as other factors, including values and eq13 uity, must also be considered;

14 (4) current methods for valuing ecological re15 sources and assessing intergenerational effects of

16 sources of pollution need further development before

17 integrated rankings of sources of pollution based on

18 the factors referred to in paragraph (3) can be used

19 with high levels of confidence;

20 (5) methods to assess and describe the risks of

21 adverse human health effects, other than cancer,

22 need further development before integrated rankings

23 of sources of pollution based on the risk to human

24 health can be used with high levels of confidence;
131

•S 2019 PCS

1 (6) periodic reports by the Administrator on the

2 costs and benefits of regulations promulgated under

3 Federal environmental laws, and other Federal ac4 tions with impacts on human health, the environ5 ment, or public welfare, will provide Congress and

6 the general public with a better understanding of—

7 (A) national environmental priorities; and

8 (B) expenditures being made to achieve re9 ductions in risk to human health, the environ10 ment, and public welfare; and

11 (7) periodic reports by the Administrator on the

12 costs and benefits of environmental regulations will

13 also—

14 (A) provide Congress and the general pub15 lic with a better understanding of the strengths,

16 weaknesses, and uncertainties of cost-benefit

17 analysis and risk assessment and the research

18 needed to reduce major uncertainties; and

19 (B) assist Congress and the general public

20 in evaluating environmental protection regula21 tions and programs, and other Federal actions

22 with impacts on human health, the environ23 ment, or public welfare, to determine the extent

24 to which the regulations, programs, and actions
132

•S 2019 PCS

1 adequately and fairly protect affected segments

2 of society.

3 (c) REPORT ON ENVIRONMENTAL PRIORITIES,

4 COSTS, AND BENEFITS.—

5 (1) RANKING.—

6 (A) IN GENERAL.—The Administrator

7 shall identify and, taking into account available

8 data, to the extent practicable, rank sources of

9 pollution with respect to the relative degree of

10 risk of adverse effects on human health, the en11 vironment, and public welfare.

12 (B) METHOD OF RANKING.—In carrying

13 out the rankings under subparagraph (A), the

14 Administrator shall—

15 (i) rank the sources of pollution con16 sidering the extent and duration of the

17 risk; and

18 (ii) take into account broad societal

19 values, including the role of natural re20 sources in sustaining economic activity into

21 the future.

22 (2) EVALUATION OF REGULATORY AND OTHER

23 COSTS.—In addition to carrying out the rankings

24 under paragraph (1), the Administrator shall evalu25 ate—
133

•S 2019 PCS

1 (A) the private and public costs associated

2 with each source of pollution and the costs and

3 benefits of complying with regulations designed

4 to protect against risks associated with the

5 sources of pollution; and

6 (B) the private and public costs and bene7 fits associated with other Federal actions with

8 impacts on human health, the environment, or

9 public welfare, including direct development

10 projects, grant and loan programs to support

11 infrastructure construction and repair, and per12 mits, licenses, and leases to use natural re13 sources or to release pollution to the environ14 ment, and other similar actions.

15 (3) RISK REDUCTION OPPORTUNITIES.—In as16 sessing risks, costs, and benefits as provided in

17 paragraphs (1) and (2), the Administrator shall also

18 identify reasonable opportunities to achieve signifi19 cant risk reduction through modifications in environ20 mental regulations and programs and other Federal

21 actions with impacts on human health, the environ22 ment, or public welfare.

23 (4) UNCERTAINTIES.—In evaluating the risks

24 referred to in paragraphs (1) and (2), the Adminis25 trator shall—
134

•S 2019 PCS

1 (A) identify the major uncertainties associ2 ated with the risks;

3 (B) explain the meaning of the uncertain4 ties in terms of interpreting the ranking and

5 evaluation; and

6 (C) determine—

7 (i) the type and nature of research

8 that would likely reduce the uncertainties;

9 and

10 (ii) the cost of conducting the re11 search.

12 (5) CONSIDERATION OF BENEFITS.—In carry13 ing out this section, the Administrator shall consider

14 and, to the extent practicable, estimate the monetary

15 value, and such other values as the Administrator

16 determines to be appropriate, of the benefits associ17 ated with reducing risk to human health and the en18 vironment, including—

19 (A) avoiding premature mortality;

20 (B) avoiding cancer and noncancer dis21 eases that reduce the quality of life;

22 (C) preserving biological diversity and the

23 sustainability of ecological resources;

24 (D) maintaining an aesthetically pleasing

25 environment;
135

•S 2019 PCS

1 (E) valuing services performed by

2 ecosystems (such as flood mitigation, provision

3 of food or material, or regulating the chemistry

4 of the air or water) that, if lost or degraded,

5 would have to be replaced by technology;

6 (F) avoiding other risks identified by the

7 Administrator; and

8 (G) considering the benefits even if it is

9 not possible to estimate the monetary value of

10 the benefits in exact terms.

11 (6) REPORTS.—

12 (A) PRELIMINARY REPORT.—Not later

13 than 1 year after the date of enactment of this

14 Act, the Administrator shall report to Congress

15 on the sources of pollution and other Federal

16 actions that the Administrator will address, and

17 the approaches and methodology the Adminis18 trator will use, in carrying out the rankings and

19 evaluations under this section. The report shall

20 also include an evaluation by the Administrator

21 of the need for the development of methodolo22 gies to carry out the ranking.

23 (B) PERIODIC REPORT.—

24 (i) IN GENERAL.—On completion of

25 the ranking and evaluations conducted by
136

•S 2019 PCS

1 the Administrator under this section, but

2 not later than 3 years after the date of en3 actment of this Act, and every 3 years

4 thereafter, the Administrator shall report

5 the findings of the rankings and evalua6 tions to Congress and make the report

7 available to the general public.

8 (ii) EVALUATION OF RISKS.—Each

9 periodic report prepared pursuant to this

10 subparagraph shall, to the extent prac11 ticable, evaluate risk management deci12 sions under Federal environmental laws,

13 including title XIV of the Public Health

14 Service Act (commonly known as the ‘‘Safe

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

16 seq.), that present inherent and unavoid17 able choices between competing risks, in18 cluding risks of controlling microbial ver19 sus disinfection contaminants in drinking

20 water. Each periodic report shall address

21 the policy of the Administrator concerning

22 the most appropriate methods of weighing

23 and analyzing the risks, and shall incor24 porate information concerning—
137

•S 2019 PCS

1 (I) the severity and certainty of

2 any adverse effect on human health,

3 the environment, or public welfare;

4 (II) whether the effect is imme5 diate or delayed;

6 (III) whether the burden associ7 ated with the adverse effect is borne

8 disproportionately by a segment of the

9 general population or spread evenly

10 across the general population; and

11 (IV) whether a threatened ad12 verse effect can be eliminated or rem13 edied by the use of an alternative

14 technology or a protection mechanism.

15 (d) IMPLEMENTATION.—In carrying out this section,

16 the Administrator shall—

17 (1) consult with the appropriate officials of

18 other Federal agencies and State and local govern19 ments, members of the academic community, rep20 resentatives of regulated businesses and industry,

21 representatives of citizen groups, and other knowl22 edgeable individuals to develop, evaluate, and inter23 pret scientific and economic information;
138

•S 2019 PCS

1 (2) make available to the general public the in2 formation on which rankings and evaluations under

3 this section are based; and

4 (3) establish methods for determining costs and

5 benefits of environmental regulations and other Fed6 eral actions, including the valuation of natural re7 sources and intergenerational costs and benefits, by

8 rule after notice and opportunity for public com9 ment.

10 (e) REVIEW BY THE SCIENCE ADVISORY BOARD.—

11 Before the Administrator submits a report prepared under

12 this section to Congress, the Science Advisory Board, es13 tablished by section 8 of the Environmental Research, De14 velopment, and Demonstration Act of 1978 (42 U.S.C.

15 4365), shall conduct a technical review of the report in

16 a public session.

17 SEC. 16. OTHER AMENDMENTS.

18 (a) DEFINITION OF PUBLIC WATER SYSTEM.—The

19 first sentence of section 1401(4) (42 U.S.C. 300f(4)) is

20 amended by striking ‘‘piped water’’ and inserting ‘‘water

21 through pipes or other conveyances and’’.

22 (b) STATE PRIMARY ENFORCEMENT RESPONSIBIL23 ITY.—Section 1413(a) (42 U.S.C. 300g–2(a)) is amended

24 by striking paragraph (1) and inserting the following new

25 paragraph:
139

•S 2019 PCS

1 ‘‘(1) has adopted drinking water regulations

2 that are no less stringent than the national primary

3 drinking water regulations promulgated by the Ad4 ministrator under section 1412 not later than 2

5 years after the date on which the regulations are

6 promulgated by the Administrator;’’.

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

8 300j–7(a)) is amended—

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

10 inserting ‘‘final’’ after ‘‘any other’’; and

11 (2) in the second sentence, by striking ‘‘or issu12 ance of the order’’ and inserting ‘‘or any other final

13 Agency action’’.

14 (d) ANNUAL REPORT.—Section 1450 (42 U.S.C.

15 300j–9) is amended by striking subsection (h).

16 (e) REPORT TO CONGRESS ON PRIVATE DRINKING

17 WATER.—Section 1450 (42 U.S.C. 300j–9) (as amended

18 by subsection (d)) is further amended by inserting after

19 subsection (g) the following new subsection:

20 ‘‘(h) REPORT TO CONGRESS ON PRIVATE DRINKING

21 WATER.—The Administrator shall conduct a study to de22 termine the extent and seriousness of contamination of

23 private sources of drinking water that are not regulated

24 under this title. Not later than 3 years after the date of

25 enactment of the Safe Drinking Water Act Amendments
140

•S 2019 PCS

1 of 1994, the Administrator shall submit to Congress a re2 port that includes the findings of the study and rec3 ommendations by the Administrator concerning responses

4 to any problems identified under the study. In designing

5 and conducting the study, including consideration of re6 search design, methodology, and conclusions and rec7 ommendations, the Administrator shall consult with ex8 perts outside the Agency, including scientists,

9 hydrogeologists, well contractors and suppliers, and other

10 individuals knowledgeable in ground water protection and

11 remediation.’’.

12 (f) CAPITAL IMPROVEMENTS AT WASHINGTON AQUE13 DUCT.—Notwithstanding any other provision of law—

14 (1) the Chief of Engineers of the Army Corps

15 of Engineers may borrow from the Federal Financ16 ing Bank such amounts as the Chief determines are

17 necessary to finance capital improvements at the

18 Washington Aqueduct;

19 (2) upon request of the Chief, the Board of Di20 rectors of the Federal Financing Bank shall make

21 loans to the Chief for the purpose described in para22 graph (1); and

23 (3) any amounts borrowed by the Chief under

24 this subsection shall be repaid by the users of the

25 Washington Aqueduct over such period of time, and
141

•S 2019 PCS

1 shall be subject to such other terms and conditions,

2 as the Board determines to be appropriate.

3 (g) SHORT TITLE.—

4 (1) IN GENERAL.—The title (42 U.S.C. 1401 et

5 seq.) is amended by inserting after the title heading

6 the following new section:

7 ‘‘SHORT TITLE

8 ‘‘SEC. 1400. This title may be cited as the ‘Safe

9 Drinking Water Act’.’’.

10 (2) CONFORMING AMENDMENT.—Section 1 of

11 Public Law 93–523 (88 Stat. 1660) is amended by

12 inserting ‘‘of 1974’’ after ‘‘Water Act’’.

13 (h) TECHNICAL AMENDMENTS TO SECTION HEAD14 INGS.—

15 (1) The section heading and subsection designa16 tion of subsection (a) of section 1417 (42 U.S.C.

17 300g–6) are amended to read as follows:

18 ‘‘PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND

19 FLUX, AND ON CERTAIN RETURN FLOWS

20 ‘‘SEC. 1417. (a)’’.

21 (2) The section heading and subsection designa22 tion of subsection (a) of section 1426 (42 U.S.C.

23 300h–5) are amended to read as follows:

24 ‘‘REGULATION OF STATE PROGRAMS

25 ‘‘SEC. 1426. (a)’’.
142

•S 2019 PCS

1 (3) The section heading and subsection designa2 tion of subsection (a) of section 1427 (42 U.S.C.

3 300h–6) are amended to read as follows:

4 ‘‘SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

5 ‘‘SEC. 1427. (a)’’.

6 (4) The section heading and subsection designa7 tion of subsection (a) of section 1428 (42 U.S.C.

8 300h–7) are amended to read as follows:

9 ‘‘STATE PROGRAMS TO ESTABLISH WELLHEAD

10 PROTECTION AREAS

11 ‘‘SEC. 1428. (a)’’.

12 (5) The section heading and subsection designa13 tion of subsection (a) of section 1432 (42 U.S.C.

14 300i–1) are amended to read as follows:

15 ‘‘TAMPERING WITH PUBLIC WATER SYSTEMS

16 ‘‘SEC. 1432. (a)’’.

17 (6) The section heading and subsection designa18 tion of subsection (a) of section 1451 (42 U.S.C.

19 300j–11) are amended to read as follows:

20 ‘‘INDIAN TRIBES

21 ‘‘SEC. 1451. (a)’’.

22 (7) The section heading and first word of sec23 tion 1461 (42 U.S.C. 300j–21) are amended to read

24 as follows:

25 ‘‘DEFINITIONS

26 ‘‘SEC. 1461. As’’.
143

•S 2019 PCS

1 (8) The section heading and first word of sec2 tion 1462 (42 U.S.C. 300j–22) are amended to read

3 as follows:

4 ‘‘RECALL OF DRINKING WATER COOLERS WITH LEAD5 LINED TANKS

6 ‘‘SEC. 1462. For’’.

7 (9) The section heading and subsection designa8 tion of subsection (a) of section 1463 (42 U.S.C.

9 300j–23) are amended to read as follows:

10 ‘‘DRINKING WATER COOLERS CONTAINING LEAD

11 ‘‘SEC. 1463. (a)’’.

12 (10) The section heading and subsection des13 ignation of subsection (a) of section 1464 (42 U.S.C.

14 300j–24) are amended to read as follows:

15 ‘‘LEAD CONTAMINATION IN SCHOOL DRINKING WATER

16 ‘‘SEC. 1464. (a)’’.

17 (11) The section heading and subsection des18 ignation of subsection (a) of section 1465 (42 U.S.C.

19 300j–25) are amended to read as follows:

20 ‘‘FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARD21 ING LEAD CONTAMINATION IN SCHOOL DRINKING

22 WATER

23 ‘‘SEC. 1465. (a)’’.

S 2019 PCS——2

S 2019 PCS——3

S 2019 PCS——4
144

•S 2019 PCS

S 2019 PCS——5

S 2019 PCS——6

S 2019 PCS——7

S 2019 PCS——8

S 2019 PCS——9

S 2019 PCS——10