II

103D CONGRESS

2D SESSION S. 1920

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

as the ‘‘Safe Drinking Water Act’’) to ensure the safety of public water

systems, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 10 (legislative day, FEBRUARY 22), 1994

Mr. DOMENICI (for himself, Mr. BOREN, Mr. HATFIELD, and Mr. NICKLES)

introduced the following bill; which was read twice and referred to the

Committee on Environment and Public Works

A BILL

To amend title XIV of the Public Health Service Act (commonly known as the ‘‘Safe Drinking Water Act’’) to

ensure the safety of public water systems, 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; REFERENCES.

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

5 ‘‘Safe Drinking Water Act Amendments of 1994’’.

6 (b) REFERENCES TO TITLE XIV OF THE PUBLIC

7 HEALTH SERVICE ACT.—Except as otherwise expressly

8 provided, whenever in this Act an amendment or repeal
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1 is expressed in terms of an amendment to, or repeal of,

2 a section or other provision, the reference shall be consid3 ered to be made to a section or other provision of title

4 XIV of the Public Health Service Act (commonly known

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

6 seq.).

7 SEC. 2. GOALS.

8 Part A (42 U.S.C. 300f et seq.) is amended by insert9 ing before section 1401 the following new section:

10 ‘‘SEC. 1400. GOALS.

11 ‘‘The goals of this Act are—

12 ‘‘(1) to ensure the quality and safety of drink13 ing water provided to the public by public water sys14 tems; and

15 ‘‘(2) to protect the public health from the

16 threat of disease caused by water-borne contami17 nants.’’.

18 SEC. 3. DEFINITIONS.

19 Section 1401 (42 U.S.C. 300f) is amended—

20 (1) by striking paragraph (1) and inserting the

21 following new paragraph:

22 ‘‘(1) The term ‘primary drinking water regula23 tion’ means a regulation that—

24 ‘‘(A) applies to public water systems;
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1 ‘‘(B) specifies 1 or more contaminants sub2 ject to regulation under section 1412;

3 ‘‘(C) specifies for each contaminant re4 ferred to in subparagraph (B)—

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

6 ‘‘(ii) a treatment technique; and

7 ‘‘(D) contains criteria and procedures to

8 ensure a supply of drinking water that depend9 ably complies with each maximum contaminant

10 level or treatment technique referred to in sub11 paragraph (C), including—

12 ‘‘(i) quality control and testing proce13 dures to ensure—

14 ‘‘(I) compliance with the level or

15 treatment technique; and

16 ‘‘(II) proper operation and main17 tenance of the public water system;

18 and

19 ‘‘(ii) requirements as to—

20 ‘‘(I) the minimum quality of

21 water that may be taken into the pub22 lic water system; and

23 ‘‘(II) siting for new facilities for

24 public water systems.’’;
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1 (2) in paragraph (4), by striking the second

2 sentence and inserting the following new sentence:

3 ‘‘The term includes—

4 ‘‘(A) a collection, treatment, storage, or

5 distribution facility that is under the ownership

6 of the system and is used primarily in connec7 tion with the system; and

8 ‘‘(B) a collection or pretreatment storage

9 facility that is not under the ownership of the

10 system and that is used primarily in connection

11 with the system.’’;

12 (3) in paragraph (6), by inserting before the pe13 riod at the end the following: ‘‘that is of public

14 health or welfare concern’’;

15 (4) in paragraph (14), by adding at the end the

16 following new sentence: ‘‘The term includes any Na17 tive village, as defined in section 3(c) of the Alaska

18 Native Claims Settlement Act (43 U.S.C.

19 1602(c)).’’; and

20 (5) by adding at the end the following new

21 paragraphs:

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

23 costs’ means the public health benefits achieved by

24 changing the regulated level of a contaminant from
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1 1 level to another level, taking costs into consider2 ation.

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

4 means a public water system that—

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

6 used by year-round residents of the area served

7 by the system; or

8 ‘‘(B) regularly serves at least 25 year9 round residents.

10 ‘‘(17) The term ‘noncommunity water system’

11 means a public water system that is not a commu12 nity water system.’’.

13 SEC. 4. NATIONAL DRINKING WATER REGULATIONS.

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

15 (1) in subsection (a)(1), by striking the second

16 sentence and inserting the following new sentence:

17 ‘‘No regulation referred to in the preceding sentence

18 shall be required to comply with the standards es19 tablished under subsection (b)(3) unless the regula20 tion is revised to establish a different maximum con21 taminant level (or treatment technique) after the

22 date of enactment of the Safe Drinking Water Act

23 Amendments of 1994.’’;

24 (2) in paragraph (3), by striking ‘‘, (2), or (3)’’

25 each place it appears and inserting ‘‘or (2)’’;
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1 (3) by striking subsection (b) and inserting the

2 following new subsection:

3 ‘‘(b)(1) In the case of a contaminant listed in the ad4 vance notice of proposed rulemaking published at 47 Fed.

5 Reg. 9352, and at 48 Fed. Reg. 45502, for which a na6 tional primary drinking water regulation has not been is7 sued as of the date of enactment of the Safe Drinking

8 Water Act Amendments of 1994, the Administrator

9 shall—

10 ‘‘(A) publish maximum contaminant level goals

11 and issue a national primary drinking water regula12 tion in accordance with paragraph (3) for the con13 taminant if the Administrator finds, based on data

14 available under section 1445, that the contaminant

15 occurs in drinking water at a level of public health

16 concern; and

17 ‘‘(B) not later than 18 months after the date

18 of enactment of the Safe Drinking Water Act

19 Amendments of 1994, eliminate monitoring, compli20 ance, and enforcement requirements for the contami21 nant if the Administrator finds, based on the data

22 referred to in subparagraph (A), that the contami23 nant does not occur in drinking water at a level of

24 public health concern.
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1 ‘‘(2)(A) Not later than 3 years after the date of en2 actment of the Safe Drinking Water Act Amendments of

3 1994, and every 5 years thereafter, the Administrator

4 shall issue maximum contaminant level goals and national

5 primary drinking water regulations for new contaminants

6 selected in accordance with this paragraph.

7 ‘‘(B) The Administrator shall review the national

8 drinking water occurrence data base maintained under

9 section 1445(b). After notice and an opportunity for pub10 lic comment, the Administrator shall assess all occurrence

11 and public health information available with respect to

12 each contaminant in the data base.

13 ‘‘(C) Based on the assessment under subparagraph

14 (B), the Administrator shall determine, with respect to

15 each contaminant listed under section 1445, based on oc16 currence and public health concern, whether—

17 ‘‘(i) the issuance of a national primary drinking

18 water regulation is or is not appropriate; or

19 ‘‘(ii) additional health effects or occurrence in20 formation is necessary before a determination under

21 clause (i) can be made.

22 ‘‘(D) For each contaminant with respect to which the

23 Administrator makes a determination under subparagraph

24 (C)(i) that the issuance of a national primary drinking

25 water regulation is not appropriate, the Administrator
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1 shall make a determination on the continuation of mon2 itoring under section 1445(a).

3 ‘‘(3)(A) Each maximum contaminant level goal estab4 lished under this subsection shall be set at a level—

5 ‘‘(i) at which no known or anticipated adverse

6 effects on human health occur; and

7 ‘‘(ii) that allows an adequate margin of safety.

8 ‘‘(B) Each national primary drinking water regula9 tion for a contaminant for which a maximum contaminant

10 level goal is established under this subsection shall specify

11 a maximum level for the contaminant that is achievable

12 by public water systems with the use of the best tech13 nology, treatment techniques, and other means, taking

14 public health risk reduction benefits and cost into consid15 eration, that the Administrator finds are available, after

16 examination for efficacy under field conditions (and not

17 solely under laboratory conditions).

18 ‘‘(C) In each national primary drinking water regula19 tion, the Administrator shall identify appropriate best

20 technology treatment techniques (including watershed pro21 tection and pollution prevention) that may be used to meet

22 applicable maximum contaminant levels under this sub23 section for public water systems that serve—

24 ‘‘(i) fewer than 1,000 people;

25 ‘‘(ii) between 1,000 and 10,000 people; and
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1 ‘‘(iii) more than 10,000 people.

2 ‘‘(4) Notwithstanding paragraph (3), the Adminis3 trator shall issue national primary drinking water regula4 tions for radionuclides, disinfection byproducts, sulfate,

5 and corrosion byproducts that will be protective of public

6 health and take into account—

7 ‘‘(A) the health benefits to be achieved by re8 ducing the level of the contaminants in drinking

9 water relative to reducing the level of the contami10 nants in other media;

11 ‘‘(B) the availability of technology—

12 ‘‘(i) that is effective in removing or other13 wise treating the contaminants under field con14 ditions reflecting a representative range of

15 water qualities (and not solely under laboratory

16 conditions); and

17 ‘‘(ii) that does not cause significant ad18 verse impacts on—

19 ‘‘(I) other elements of drinking water

20 quality;

21 ‘‘(II) other environmental media, in22 cluding impacts related to disposal of

23 treatment residuals; or

24 ‘‘(III) the efficacy of other drinking

25 water treatment or processes; and
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1 ‘‘(C) the costs to consumers of the regulation.

2 ‘‘(5)(A) Subject to subparagraph (B), each national

3 primary drinking water regulation that establishes a maxi4 mum contaminant level shall list the technology, treatment

5 techniques, compliance timeframes, and other means that

6 the Administrator finds are available for the purpose of

7 meeting the maximum contaminant level.

8 ‘‘(B) A regulation issued under this subsection shall

9 not require that any specified technology, treatment tech10 nique, compliance timeframe, or other means be used for

11 the purpose of meeting the maximum contaminant level.

12 ‘‘(6)(A)(i) The Administrator may issue a national

13 primary drinking water regulation that requires the use

14 of a treatment technique in lieu of establishing a maxi15 mum contaminant level, if the Administrator makes a

16 finding that it is not economically or technologically fea17 sible to ascertain the level of the contaminant.

18 ‘‘(ii) If the Administrator issues a regulation under

19 clause (i), the Administrator shall—

20 ‘‘(I) identify such treatment techniques as will

21 be protective of public health; and

22 ‘‘(II) take into account the factors specified in

23 paragraphs (3) and (4), as appropriate.

24 ‘‘(iii)(I) Subject to subclause (II), a regulation issued

25 under clause (i) shall specify each treatment technique
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1 known to the Administrator that meets the requirements

2 of this paragraph.

3 ‘‘(II) The Administrator may grant a variance from

4 any specified treatment technique in accordance with sec5 tion 1415(3).

6 ‘‘(B)(i) Not later than 18 months after June 19,

7 1986, the Administrator shall propose and issue national

8 primary drinking water regulations specifying criteria

9 under which filtration (including coagulation and sedi10 mentation, as appropriate) is required as a treatment

11 technique for public water systems supplied by surface

12 water sources. In issuing the regulations, the Adminis13 trator shall consider the quality of source waters, protec14 tion afforded by watershed management, treatment prac15 tices (such as disinfection and length of water storage),

16 and other factors relevant to the protection of health.

17 ‘‘(ii)(I) In lieu of variances under section 1415, the

18 Administrator shall specify procedures by which a State

19 shall determine which public water systems within the ju20 risdiction of the State shall adopt filtration under the cri21 teria of clause (i).

22 ‘‘(II) A State may require a public water system to

23 provide studies or other information to assist in the deter24 mination described in subclause (I).
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1 ‘‘(III) The procedures referred to in subclause (I)

2 shall provide notice and an opportunity for a public hear3 ing on the determination described in such subclause.

4 ‘‘(IV) If a State determines under this clause that

5 filtration is required, the State shall prescribe a schedule

6 for compliance by the public water system with the filtra7 tion requirement. The schedule shall take into account the

8 time that is reasonably necessary for the public water sys9 tem to plan, design, finance, and construct filtration facili10 ties and make such adjustments to operating practices as

11 are necessary to achieve compliance with the filtration re12 quirement.

13 ‘‘(iii) Not later than 2 years after the Administrator

14 establishes the criteria and procedures under this subpara15 graph, a State with primary enforcement responsibility for

16 public water systems under section 1413 shall adopt such

17 regulations as are necessary to carry out this subpara18 graph. Not later than 1 year after the date of adoption

19 of the regulations, the State shall make determinations re20 garding filtration for all the public water systems within

21 the jurisdiction of the State supplied by surface waters.

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

23 responsibility for public water systems, the Administrator

24 shall have the same authority to make the determination

25 described in clause (ii) in the State as the State would
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1 have under such clause. A filtration requirement or sched2 ule under this subparagraph shall be treated as if the re3 quirement or schedule were a requirement of a national

4 primary drinking water regulation.

5 ‘‘(7)(A) Not later than 4 years after the date of en6 actment of the Safe Drinking Water Act Amendments of

7 1994, the Administrator shall propose and issue—

8 ‘‘(i) national primary drinking water regula9 tions requiring disinfection as a treatment technique

10 for all public water systems; and

11 ‘‘(ii) a rule specifying criteria that will be used

12 by the Administrator (or delegated State authorities)

13 to grant variances from the requirement described in

14 clause (i) in accordance with paragraphs (1)(B) and

15 (3) of section 1415.

16 ‘‘(B) In carrying out section 1442(g), the Adminis17 trator (or the delegated State authority) shall, if appro18 priate, give special consideration to providing technical as19 sistance to small public water systems in complying with

20 the regulations issued under this paragraph.

21 ‘‘(8)(A)(i) The Administrator shall review each na22 tional primary drinking water regulation issued prior to

23 the date of enactment of this clause not later than 30

24 months after the date of enactment.
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1 ‘‘(ii) If the Administrator determines, based on data

2 available under section 1445, that a contaminant subject

3 to regulation does not occur in public water systems at

4 a level of public health concern, the Administrator shall

5 eliminate monitoring, compliance, and enforcement re6 quirements from the contaminant regulation.

7 ‘‘(iii) In addition to the review under clause (i), the

8 Administrator shall review each regulation referred to in

9 clause (i) not later than 5 years after the date of enact10 ment of this clause. If the Administrator determines that

11 a regulation is not consistent with the factors specified

12 in paragraph (3) or (4), as appropriate, the Administrator

13 shall issue a revised regulation in accordance with the fac14 tors.

15 ‘‘(B)(i) Each national primary drinking water regula16 tion issued after the date of enactment of this clause shall

17 include a schedule for periodic review of the regulation.

18 ‘‘(ii) Each review referred to in clause (i) shall in19 clude an analysis of new health effects and occurrence

20 data, and innovations or changes in technology, treatment

21 techniques, or other activities, that have become available

22 since the date of issuance of the regulation.

23 ‘‘(iii) If the Administrator determines that the con24 taminant subject to regulation no longer occurs in drink25 ing water at a level of public health concern, the Adminis-
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1 trator shall eliminate monitoring, compliance, and enforce2 ment requirements from the contaminant regulation.

3 ‘‘(iv) If the Administrator determines that the regula4 tion is not consistent with the factors specified in para5 graph (3) or (4), as appropriate, the Administrator shall

6 issue a revised regulation in accordance with the factors.

7 ‘‘(9)(A) Subject to subparagraph (B), a national pri8 mary drinking water regulation issued under this sub9 section (or a revision of the regulation) shall take effect

10 in accordance with a schedule issued by the Administrator

11 in the regulation.

12 ‘‘(B) Each schedule, including monitoring require13 ments, shall—

14 ‘‘(i) be for not less than 2 years; and

15 ‘‘(ii) take into account the time that is reason16 ably necessary for public water systems to plan, de17 sign, finance, and construct treatment facilities and

18 make such adjustments to operating practices as are

19 necessary to achieve compliance with the regulation.

20 ‘‘(C) A regulation issued under subsection (a) shall

21 be superseded by a regulation issued under this subsection

22 to the extent provided by the regulation issued under this

23 subsection.

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

25 may require the addition of any substance for preventive
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1 health care purposes unrelated to the contamination of

2 drinking water.’’;

3 (4) in subsection (e), by striking the second

4 sentence and inserting the following new sentence:

5 ‘‘The Board shall respond, as the Board considers

6 appropriate, and the Administrator shall publish the

7 findings and recommendations of the Board, if any,

8 as part of the notice of proposed rulemaking of the

9 regulation.’’; and

10 (5) by adding at the end the following new sub11 section:

12 ‘‘(f) The Administrator may utilize negotiated rule13 making procedures provided for under subchapter III of

14 chapter 5 of title 5, United States Code (commonly known

15 as the ‘Negotiated Rulemaking Act of 1990’), if the Ad16 ministrator determines that the procedures will facilitate

17 the issuance of regulations required by this section.’’.

18 SEC. 5. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

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

20 (1) by striking paragraph (1) and inserting the

21 following new paragraph:

22 ‘‘(1) has adopted drinking water regulations

23 that are no less stringent than the national primary

24 drinking water regulations issued by the Adminis25 trator under subsections (a) and (b) of section 1412,
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1 by not later than 2 years after the date of issuance

2 by the Administrator;’’; and

3 (2) by striking paragraph (4) and inserting the

4 following new paragraph:

5 ‘‘(4) if the State permits variances from the re6 quirements of the drinking water regulations of the

7 State that meet the requirements of paragraph (1),

8 permits the variances under conditions and in a

9 matter that is not less stringent than the conditions

10 under, and the manner in which, variances may be

11 granted under section 1415; and’’.

12 SEC. 6. ENFORCEMENT OF DRINKING WATER REGULA13 TIONS.

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

15 (1) in subsection (a)—

16 (A) in paragraph (1)(A), by striking ‘‘or

17 an exemption under section 1416’’ each place it

18 appears; and

19 (B) in paragraph (2), by striking ‘‘or an

20 exemption under section 1416(f)’’ each place it

21 appears;

22 (2) in subsection (b)—

23 (A) by striking ‘‘or exemption’’; and

24 (B) by striking ‘‘or 1416’’;
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1 (3) by striking subsection (c) and inserting the

2 following new subsection:

3 ‘‘(c)(1) Each owner or operator of a public water sys4 tem shall give notice to the persons served by the system—

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

6 water system to—

7 ‘‘(i) comply with an applicable maximum

8 contaminant level or treatment technique re9 quirement of, or a testing procedure prescribed

10 by, a national primary drinking water regula11 tion; or

12 ‘‘(ii) perform monitoring required under

13 section 1445(a); and

14 ‘‘(B) if the public water system is subject to a

15 variance granted under section 1415(1) because of

16 an inability to meet a maximum contaminant level

17 requirement, of—

18 ‘‘(i) the existence of the variance; and

19 ‘‘(ii) any failure to comply with the re20 quirements of a schedule prescribed pursuant to

21 the variance.

22 ‘‘(2)(A) The Administrator shall by regulation pre23 scribe the frequency for giving notice under this sub24 section.
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1 ‘‘(B) Subject to subparagraphs (C) and (D), not later

2 than 15 months after the date of enactment of the Safe

3 Drinking Water Act Amendments of 1994, the Adminis4 trator shall revise the regulations required under subpara5 graph (A) to provide for different types and frequencies

6 of notice based on the seriousness of any potential adverse

7 health effects that may be involved.

8 ‘‘(C) Notice of a violation designated by the Adminis9 trator as posing a serious potential adverse health effect

10 shall be given as soon as practicable, but in no case later

11 than 14 days after the violation.

12 ‘‘(D) Notice of a violation judged to be less serious

13 than violations described in subparagraph (C) shall be

14 given not less frequently than annually.

15 ‘‘(3) The Administrator shall provide guidance as to

16 the form, manner, and content of the notices to be used

17 to provide information as promptly and effectively as prac18 ticable, taking into account both the seriousness of any

19 potential adverse health effects and the likelihood of reach20 ing all affected persons. Each State, in consultation with

21 public water systems in the State, shall determine the ac22 tual form, manner, and content of the notices.

23 ‘‘(4) The Administrator may require the owner or op24 erator of a public water system to give notice to the per25 sons served by the system of the contaminant level of any
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1 unregulated contaminant required to be monitored under

2 section 1445(a).

3 ‘‘(5) A person who violates this subsection or regula4 tions issued under this subsection shall be subject to a

5 civil penalty in an amount not to exceed $25,000.’’; and

6 (4) in subsection (f)(2), by striking ‘‘or exemp7 tion’’.

8 SEC. 7. VARIANCES.

9 Section 1415 (42 U.S.C. 300g–4) is amended to read

10 as follows:

11 ‘‘SEC. 1415. VARIANCES.

12 ‘‘Notwithstanding any other provision of this part, a

13 variance from a national primary drinking water regula14 tion may be granted as follows:

15 ‘‘(1) A State that has primary enforcement re16 sponsibility for public water systems under section

17 1413 may grant 1 or more variances from an appli18 cable national primary drinking water regulation to

19 1 or more public water systems within the jurisdic20 tion of the State.

21 ‘‘(2)(A) A variance may be issued only if—

22 ‘‘(i) the State has determined that the

23 water system cannot afford to install the best

24 available technology or other technology that

25 has been identified by the Administrator as ap-
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1 propriate for the system size category to meet

2 the maximum contaminant level; and

3 ‘‘(ii) it is not feasible for the water system

4 to connect with another source of water that

5 will meet the standards.

6 ‘‘(B) If the State determines that a water sys7 tem is unable to comply with a designated best avail8 able technology, the system shall comply with a best

9 available affordable technology as designated by the

10 Administrator. The measures comprising the best

11 available affordable technology may include require12 ments for public education and notification, and use

13 of alternative technologies that, while the tech14 nologies cannot bring the contaminant level below

15 the maximum contaminant level, will not result in an

16 unreasonable risk to health.

17 ‘‘(3) After a variance is issued, the variance

18 shall be reviewed by the State not less than every 3

19 years to determine if the conditions for granting the

20 variance continue to exist. It shall be the responsibil21 ity of the water system to provide documentation to

22 the State indicating that then current best available

23 technology for the system size continues to be

24 unaffordable and that the system continues to be
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1 unable to connect with another source of water that

2 meets the standards.

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

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

5 and an opportunity for a public hearing on the de6 termination. Each State that grants a variance shall

7 promptly notify the Administrator of the granting of

8 the variance. The notification shall include the rea9 sons for the variance and the documentation used to

10 grant the variance.

11 ‘‘(5) Not later than 18 months after the date

12 of enactment of the Safe Drinking Water Act

13 Amendments of 1994, the Administrator, in con14 sultation with the States, shall develop affordability

15 guidance. The affordability guidance shall be re16 viewed by the Administrator and the States not less

17 than every 5 years to determine if changes are need18 ed to the guidance.’’.

19 SEC. 8. EXEMPTIONS.

20 Section 1416 (42 U.S.C. 300g–5) is repealed.

21 SEC. 9. RETURN OF WATER.

22 Part B (42 U.S.C. 300g et seq.) is amended by in23 serting after section 1415 the following new section:
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1 ‘‘SEC. 1416. PROHIBITION ON THE RETURN OF WATER TO

2 PUBLIC WATER SYSTEMS.

3 ‘‘(a) IN GENERAL.—

4 ‘‘(1) PROHIBITION.—Except as provided in

5 paragraph (2), notwithstanding any other provision

6 of law, no treated drinking water may be removed

7 from a public water system used for any purpose or

8 routed through a device or pipe outside the public

9 water system, and returned to the public water sys10 tem.

11 ‘‘(2) EXCEPTIONS.—The prohibition in para12 graph (1) shall not apply to a device or pipe totally

13 within the control of 1 or more public water systems

14 or to connections between water mains.

15 ‘‘(b) STATE ENFORCEMENT.—Subsection (a) shall be

16 enforced in all States beginning on the date that is 2 years

17 after the date of enactment of the Safe Drinking Water

18 Act Amendments of 1994. Each State shall enforce the

19 subsection through State or local plumbing codes, or such

20 other means of enforcement as the State determines is ap21 propriate.’’.

22 SEC. 10. TAMPERING.

23 Subsection (d) of section 1432 (42 U.S.C. 300i–1(d))

24 is amended to read as follows:
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1 ‘‘(d) DEFINITION OF TAMPER.—As used in this sec2 tion, the term ‘tamper’ means, with respect to a public

3 water system—

4 ‘‘(1) to introduce a contaminant into the public

5 water system with the intention of harming persons;

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

7 the public water system with the intention of harm8 ing persons; or

9 ‘‘(3) to inject water that has gone out of the

10 public water system, back into the system in viola11 tion of section 1416.’’.

12 SEC. 11. RESEARCH, TECHNICAL ASSISTANCE, INFORMA13 TION, AND TRAINING OF PERSONNEL.

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

15 (1) in subsection (a)—

16 (A) in paragraph (1), by striking ‘‘may’’

17 and by inserting ‘‘shall’’; and

18 (B) in paragraph (2)(A), by inserting be19 fore the period at the end the following: ‘‘and

20 for other purposes, including—

21 ‘‘(i) the development and dissemination of advi22 sory measures to protect against contaminants that

23 have not been found to occur in drinking water at

24 levels of public health concern;
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1 ‘‘(ii) assistance in achieving compliance with the

2 public notification requirements of section 1414(c);

3 and

4 ‘‘(iii) the development and dissemination of

5 minimum guidance for the certification of labora6 tories that perform drinking water analyses, and for

7 the certification of individuals who operate public

8 water systems, for use by the States in ensuring—

9 ‘‘(I) the validity of monitoring reports by

10 regulations issued under section 1445; and

11 ‘‘(II) the competence of system opera12 tors.’’; and

13 (2) by striking subsection (f) and inserting the

14 following new subsection:

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

16 carry out this section, other than paragraphs (1) and

17 (2)(B) of subsection (a) and provisions relating to re18 search—

19 ‘‘(A) $15,000,000 for fiscal year 1975;

20 ‘‘(B) $25,000,000 for fiscal year 1976;

21 ‘‘(C) $35,000,000 for fiscal year 1977;

22 ‘‘(D) $17,000,000 for each of fiscal years 1978

23 and 1979;

24 ‘‘(E) $21,405,000 for fiscal year 1980;

25 ‘‘(F) $30,000,000 for fiscal year 1981; and
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1 ‘‘(G) $35,000,000 for fiscal year 1982.

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

3 out subsection (a)(1) for each of fiscal years 1995 through

4 1999 not more than the following amounts:

‘‘Fiscal Year Amount

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

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

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

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

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

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

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

7 years 1978 through 1982. There are authorized to be ap8 propriated to carry out subsection (a)(2)(B) for each of

9 fiscal years 1987 through 1991 not more than the follow10 ing amounts:

‘‘Fiscal Year Amount

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

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

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

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

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

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

12 out this section (other than subsection (g), paragraphs (1)

13 and (2)(B) of subsection (a), and provisions relating to

14 research) for each of fiscal years 1987 through 1991 not

15 more than the following amounts:

‘‘Fiscal Year Amount

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

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

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

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

1991 .................................................................................. 38,020,000.’’.
27

•S 1920 IS

1 SEC. 12. GRANTS FOR STATE PROGRAMS.

2 Section 1443 (42 U.S.C. 300j–2) is amended—

3 (1) in subsection (a)(7), by striking the table

4 and inserting the following new table:

‘‘Fiscal Year Amount

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

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

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

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

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

1995 .................................................................................. 100,000,000

1996 .................................................................................. 125,000,000

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

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

1999 .................................................................................. 150,000,000.’’;

5 and

6 (2) in subsection (c)(1)—

7 (A) by striking ‘‘and exemptions’’ both

8 places it appears; and

9 (B) by striking ‘‘sections 1415 and 1416’’

10 and inserting ‘‘section 1415’’.

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

12 Section 1445 (42 U.S.C. 300j–4) is amended to read

13 as follows:

14 ‘‘SEC. 1445. RECORDS, OCCURRENCE DATA, AND INSPEC15 TIONS.

16 ‘‘(a) RECORDS AND MONITORING.—

17 ‘‘(1) IN GENERAL.—

18 ‘‘(A) IN GENERAL.—Each person who is a

19 supplier of water, who is or may be otherwise

20 subject to a primary drinking water regulation
28

•S 1920 IS

1 prescribed under section 1412 or to an applica2 ble underground injection control program (as

3 defined in section 1422(c)), who is or may be

4 subject to the permit requirement of section

5 1424 or to an order issued under section 1441,

6 or who is a grantee, shall establish and main7 tain such records, make such reports, conduct

8 such monitoring, and provide such information

9 as the Administrator may reasonably require by

10 regulation to assist the Administrator in—

11 ‘‘(i) establishing regulations under

12 this title;

13 ‘‘(ii) determining whether the person

14 has acted or is acting in compliance with

15 this title;

16 ‘‘(iii) administering a program of fi17 nancial assistance under this title;

18 ‘‘(iv) evaluating the health risks of an

19 unregulated contaminant; or

20 ‘‘(v) advising the public of the risks.

21 ‘‘(B) CONSIDERATIONS BY THE ADMINIS22 TRATOR.—In requiring a public water system to

23 conduct monitoring under this subsection, the

24 Administrator may take into consideration the
29

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1 system size and the contaminants likely to be

2 found in the drinking water of the system.

3 ‘‘(C) CONSIDERATIONS BY STATES.—Not4 withstanding subparagraph (A), a State with

5 primary enforcement responsibility under sec6 tion 1413 may otherwise establish, modify, or

7 eliminate monitoring requirements for a system

8 or class of systems based on occurrence data

9 and other information concerning the system or

10 class of systems that is available to the State.

11 ‘‘(2) GENERAL MONITORING PROGRAM FOR UN12 REGULATED CONTAMINANTS.—

13 ‘‘(A) ESTABLISHMENT.—Not later than 18

14 months after the date of enactment of this sub15 paragraph, the Administrator shall issue regula16 tions establishing a monitoring program for un17 regulated contaminants.

18 ‘‘(B) FREQUENCY OF MONITORING.—The

19 regulations shall require monitoring of drinking

20 water supplied by the public water system and

21 shall vary the frequency and schedule of mon22 itoring requirements for systems based on the

23 number of persons served by the system, the

24 source of supply, and the contaminants likely to

25 be found. Each system required to conduct
30

•S 1920 IS

1 monitoring shall conduct the monitoring at

2 least once every 5 years after the effective date

3 of the regulations of the Administrator, unless

4 the Administrator requires more frequent mon5 itoring.

6 ‘‘(3) MONITORING PROGRAM FOR CERTAIN UN7 REGULATED CONTAMINANTS.—

8 ‘‘(A) IN GENERAL.—Not later than 18

9 months after the date of enactment of this sub10 paragraph and every 5 years thereafter, the Ad11 ministrator shall issue revised regulations under

12 paragraph (2) listing not more than 30 unregu13 lated contaminants to be monitored by public

14 water systems and included in the national

15 drinking water occurrence data base maintained

16 pursuant to subsection (b).

17 ‘‘(B) MONITORING BY LARGE SYSTEMS.—

18 A public water system that serves 10,000 or

19 more people shall conduct monitoring for all

20 contaminants listed under subparagraph (A).

21 ‘‘(C) MONITORING PLAN FOR SMALL SYS22 TEMS.—Each State shall develop a representa23 tive monitoring plan to assess the occurrence of

24 unregulated contaminants in public water sys25 tems that serve fewer than 10,000 people. The
31

•S 1920 IS

1 plan shall require monitoring by systems rep2 resentative of different sizes, types, and geo3 graphic locations within the State. The Admin4 istrator shall make available to the States, on

5 request, laboratory capacity to analyze samples

6 taken pursuant to the plan.

7 ‘‘(4) USE OF MONITORING RESULTS.—Each

8 public water system that conducts monitoring of un9 regulated contaminants pursuant to this subsection

10 shall provide the results of the monitoring to the pri11 mary enforcement authority.

12 ‘‘(5) PUBLIC NOTIFICATION.—Notification of

13 the availability of the results of the monitoring pro14 grams required under paragraph (2), and notifica15 tion of the availability of the results of the monitor16 ing program referred to in paragraph (6), shall be

17 given to the persons served by the system and the

18 Administrator.

19 ‘‘(6) WAIVER OF MONITORING REQUIRE20 MENT.—The Administrator may waive the monitor21 ing requirement under paragraph (2) for a system

22 that has conducted a monitoring program after Jan23 uary 1, 1983, if the Administrator determines the

24 program to have been consistent with the regulations

25 issued under this section.
32

•S 1920 IS

1 ‘‘(7) MONITORING BY VERY SMALL SYSTEMS.—

2 A system that supplies fewer than 150 service con3 nections shall be treated as complying with this sub4 section if the system provides water samples or the

5 opportunity for sampling according to rules estab6 lished by the Administrator.

7 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

8 There are authorized to be appropriated to carry out

9 this subsection $30,000,000 for fiscal year 1987, to

10 remain available until expended.

11 ‘‘(b) OCCURRENCE DATA BASE.—

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

13 after the date of enactment of the Safe Drinking

14 Water Act Amendments of 1994, the Administrator

15 shall assemble and maintain a national drinking

16 water occurrence data base, using information on

17 the occurrence of both regulated and unregulated

18 contaminants in public water systems obtained

19 under subsection (a), and information from other

20 public and private sources.

21 ‘‘(2) USE OF DATA.—The data in the data base

22 referred to in paragraph (1) shall be used by the Ad23 ministrator in making any determination under sec24 tion 1412 with respect to the occurrence of a con-
33

•S 1920 IS

1 taminant in drinking water at a level of public

2 health concern.

3 ‘‘(3) PUBLIC RECOMMENDATIONS.—The Ad4 ministrator shall periodically solicit recommenda5 tions from the appropriate officials of the National

6 Academy of Sciences, and any person may submit

7 recommendations to the Administrator, with respect

8 to contaminants that should be included in the na9 tional drinking water occurrence data base, includ10 ing recommendations with respect to additional un11 regulated contaminants that should be listed in reg12 ulations issued under subsection (a)(3).

13 ‘‘(c) ENTRY AND INSPECTION.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) AUTHORITY OF THE ADMINIS16 TRATOR.—

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in paragraph (2), the Administrator,

19 or a representative of the Administrator

20 duly designated by the Administrator,

21 upon presenting appropriate credentials

22 and a written notice to a supplier of water

23 or any other person subject to—
34

•S 1920 IS

1 ‘‘(I) a national primary drinking

2 water regulation prescribed under sec3 tion 1412;

4 ‘‘(II) an applicable underground

5 injection control program; or

6 ‘‘(III) a requirement to conduct

7 monitoring with respect to an unregu8 lated contaminant pursuant to sub9 section (a),

10 or a person in charge of any of the prop11 erty of the supplier or other person re12 ferred to in subclause (I), (II), or (III),

13 may enter any establishment, facility, or

14 other property of the supplier or other per15 son in order to determine whether the sup16 plier or other person has acted or is acting

17 in compliance with this title.

18 ‘‘(ii) PURPOSES OF ENTRY.—An entry

19 under clause (i) may include—

20 ‘‘(I) inspection, at reasonable

21 times, of records, files, papers, proc22 esses, controls, and facilities; or

23 ‘‘(II) the testing of any feature of

24 a public water system, including the

25 raw water source of the system.
35

•S 1920 IS

1 ‘‘(B) ACCESS TO RECORDS.—The Adminis2 trator or the Comptroller General of the United

3 States (or a representative designated by the

4 Administrator or the Comptroller General) shall

5 have access for the purpose of audit and exam6 ination to any record, report, or information of

7 a grantee that is required to be maintained

8 under subsection (a) or that is pertinent to any

9 financial assistance under this title.

10 ‘‘(2) ENTRY IF STATE HAS PRIMARY ENFORCE11 MENT RESPONSIBILITY.—

12 ‘‘(A) REQUIREMENT OF NOTICE.—No

13 entry may be made under paragraph (1)(A)(i)

14 to an establishment, facility, or other property

15 of a supplier of water or other person subject

16 to a national primary drinking water regulation

17 if the establishment, facility, or other property

18 is located in a State that has primary enforce19 ment responsibility for public water systems

20 under section 1413, unless, before written no21 tice of the entry is made, the Administrator (or

22 a designee of the Administrator) notifies the

23 State agency charged with responsibility for

24 safe drinking water of the reasons for the entry.
36

•S 1920 IS

1 ‘‘(B) SHOWING BY A STATE.—Upon a

2 showing by the State agency that an entry de3 scribed in subparagraph (A) will be detrimental

4 to the administration of the program of the

5 State of primary enforcement responsibility, the

6 Administrator shall take the showing into con7 sideration in determining whether to make the

8 entry.

9 ‘‘(C) USE OF NOTICE INFORMATION.—No

10 State agency that receives notice under this

11 paragraph of an entry proposed to be made

12 under paragraph (1) may use the information

13 contained in the notice to inform the person

14 whose property is proposed to be entered of the

15 proposed entry. If a State agency so uses the

16 information, notice to the agency under this

17 paragraph shall not be required until such time

18 as the Administrator determines that the agen19 cy has provided the Administrator with satisfac20 tory assurances that the agency will no longer

21 so use information contained in a notice under

22 this paragraph.

23 ‘‘(d) PENALTY.—A person who fails or refuses to

24 comply with a requirement of subsection (a) or to allow

25 the Administrator or the Comptroller General of the Unit-
37

•S 1920 IS

1 ed States (or a representative of the Administrator or the

2 Comptroller General) to enter and conduct an audit or in3 spection authorized by subsection (b) shall be subject to

4 a civil penalty in an amount not to exceed $25,000.

5 ‘‘(e) TRADE SECRETS.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

7 upon a showing satisfactory to the Administrator by

8 a person that any information required under this

9 section from the person, if made public, would di10 vulge a trade secret or secret process of the person,

11 the Administrator shall consider the information

12 confidential in accordance with section 1905 of title

13 18, United States Code. If the applicant fails to

14 make a showing satisfactory to the Administrator,

15 the Administrator shall notify the applicant not later

16 than 30 days before releasing the information to

17 which the application relates (unless the public

18 health or safety requires an earlier release of the in19 formation).

20 ‘‘(2) DISCLOSURE.—Any information required

21 under this section—

22 ‘‘(A) may be disclosed to any officer, em23 ployee, or authorized representative of the Unit24 ed States concerned with carrying out this title,
38

•S 1920 IS

1 to a committee of Congress, or when relevant in

2 a proceeding under this title; and

3 ‘‘(B) shall be disclosed as described in sub4 paragraph (A) to the extent that the informa5 tion deals with the level of contaminants in

6 drinking water.

7 ‘‘(3) DEFINITION.—As used in this subsection,

8 the term ‘information required under this section’

9 means any paper, book, document, or information,

10 or any particular part thereof, reported to or other11 wise obtained by the Administrator under this sec12 tion.

13 ‘‘(f) DEFINITIONS.—As used in this section:

14 ‘‘(1) GRANTEE.—The term ‘grantee’ means a

15 person who applies for or receives financial assist16 ance, by grant, contract, or loan guarantee, under

17 this title.

18 ‘‘(2) PERSON.—The term ‘person’ includes a

19 Federal agency.’’.

20 SEC. 14. JUDICIAL REVIEW.

21 Section 1448(b) (42 U.S.C. 300j–7(b)) is amended—

22 (1) by striking ‘‘or exemption’’ each place it ap23 pears; and

24 (2) in paragraph (1), by striking ‘‘or 1416’’.
39

•S 1920 IS

1 SEC. 15. CITIZEN’S CIVIL ACTION.

2 Section 1449(b) (42 U.S.C. 300j–8(b)) is amended—

3 (1) in paragraph (1)—

4 (A) in subparagraph (A), by striking ‘‘,

5 or’’ and inserting a semicolon; and

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

7 subparagraph:

8 ‘‘(C) against a public water system that is

9 operating under the terms of—

10 ‘‘(i) an administrative compliance

11 order;

12 ‘‘(ii) an administrative consent agree13 ment; or

14 ‘‘(iii) a judicial consent decree, and

15 is in compliance with the terms of the order,

16 agreement, or decree; or’’; and

17 (2) in the third sentence—

18 (A) by striking ‘‘or 1416’’; and

19 (B) by striking ‘‘or exemption’’.

20 SEC. 16. STATE REVOLVING LOAN FUNDS.

21 Title XIV of the Public Health Service Act (42

22 U.S.C. 300f et seq.) is amended by adding at the end the

23 following new part:
40

•S 1920 IS

1 ‘‘PART G—STATE REVOLVING LOAN FUNDS

2 ‘‘SEC. 1471. GENERAL AUTHORITY.

3 ‘‘(a) CAPITALIZATION GRANT AGREEMENTS.—The

4 Administrator shall offer to enter into an agreement with

5 each State having primacy to make capitalization grants

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

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

8 water treatment State revolving loan fund (referred to in

9 this part as a ‘State loan fund’).

10 ‘‘(b) REQUIREMENTS OF AGREEMENTS.—An agree11 ment entered into pursuant to this section shall establish,

12 to the satisfaction of the Administrator, that—

13 ‘‘(1) the State has established a State loan

14 fund that complies with the requirements of this

15 part;

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

17 an instrumentality of the State that has the powers

18 and authorities that are required to operate the

19 State loan fund in accordance with this part;

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

21 grants into the State loan fund;

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

23 received, and interest earned on the amounts depos24 ited into the State loan fund under this part, into

25 the State loan fund;
41

•S 1920 IS

1 ‘‘(5) the State, beginning in fiscal year 1996,

2 will deposit into the State loan fund an amount

3 equal to at least 20 percent of the total amount of

4 each capitalization grant to be made to the State on

5 or before the date on which the grant is made to the

6 State;

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

8 fund in accordance with an intended use plan pre9 pared pursuant to section 1474(b); and

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

11 funds that the State makes available from the State

12 loan fund will use accounting, audit, and fiscal pro13 cedures that conform to generally accepted account14 ing standards, as determined by the Administrator.

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

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

17 assistance priorities and carry out oversight and re18 lated activities (other than financial administration)

19 with respect to financial assistance provided with

20 amounts deposited into the State loan fund shall re21 main with the State agency that has primary re22 sponsibility for the administration of the State pro23 gram pursuant to section 1413(a).

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

25 may combine the financial administration of the
42

•S 1920 IS

1 State loan fund pursuant to this part with the finan2 cial administration of any other revolving loan fund

3 established by the State if the Administrator deter4 mines that—

5 ‘‘(A) the grants to be provided to the State

6 under this part, together with loan repayments

7 and interest deposited into the State loan fund

8 pursuant to this part, will be segregated and

9 used solely for the purposes specified in this

10 part; and

11 ‘‘(B) the authority to establish assistance

12 priorities and carry out oversight and related

13 activities (other than financial administration)

14 with respect to such assistance remains with

15 the State agency having primary responsibility

16 for administration of the State program under

17 section 1413(a).

18 ‘‘SEC. 1472. CAPITALIZATION GRANTS.

19 ‘‘(a) GENERAL AUTHORITY.—The Administrator

20 may make grants to capitalize State loan funds to a State

21 that has entered into an agreement pursuant to section

22 1471(a).

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

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

25 funds made available to carry out this part shall be
43

•S 1920 IS

1 allotted to States that have entered into an agree2 ment pursuant to section 1471(a) in accordance with

3 a formula that is the same as the formula used to

4 distribute public water system supervision grant

5 funds under section 1443 for fiscal year 1994.

6 ‘‘(2) OTHER JURISDICTIONS.—Each formula es7 tablished pursuant to paragraph (1) shall reserve

8 0.5 percent of the amounts made available to carry

9 out this part for a fiscal year for providing capital10 ization grants to jurisdictions referred to in sub11 section (e), other than Indian tribes.

12 ‘‘(c) RESERVATION OF FUNDS.—

13 ‘‘(1) INDIAN TRIBES.—

14 ‘‘(A) IN GENERAL.—For each fiscal year,

15 prior to the allotment of funds made available

16 to carry out this part, the Administrator shall

17 reserve 1 percent of the funds for providing fi18 nancial assistance to Indian tribes pursuant to

19 subsection (e).

20 ‘‘(B) USE OF FUNDS.—Funds reserved

21 pursuant to subparagraph (A) shall be used to

22 address the most significant threats to public

23 health associated with public water systems

24 that serve Indian tribes, as determined by the
44

•S 1920 IS

1 Administrator in consultation with the Commis2 sioner of Indian Affairs.

3 ‘‘(C) NEEDS ASSESSMENT.—The Adminis4 trator, in consultation with the Commissioner of

5 Indian Affairs, shall, in accordance with a

6 schedule that is consistent with the needs sur7 vey for assessments conducted pursuant to sec8 tion 1475(c), prepare a biennial survey and as9 sess the needs of drinking water treatment fa10 cilities to serve Indian tribes, including an eval11 uation of the public water systems that pose the

12 most significant threats to public health.

13 ‘‘(2) PUBLIC HEALTH EMERGENCIES.—

14 ‘‘(A) IN GENERAL.—For each fiscal year,

15 prior to the allotment of funds made available

16 to carry out this part pursuant to subsection

17 (b), the Administrator shall reserve 0.5 percent

18 of the funds to provide financial assistance to

19 respond to public health emergencies under sec20 tion 1442(a)(2)(B).

21 ‘‘(B) ALLOTMENT OF UNUSED FUNDS.—

22 On the last day of each fiscal year, the Admin23 istrator shall allot any funds that were reserved

24 pursuant to subparagraph (A) but were not ex25 pended in the fiscal year to the States on the
45

•S 1920 IS

1 basis of the same ratio as is applicable to sums

2 allotted under subsection (b).

3 ‘‘(3) RURAL SYSTEM TECHNICAL ASSISTANCE

4 PROGRAM, AND DRINKING WATER HEALTH EFFECTS

5 RESEARCH.—For each fiscal year, prior to allotment

6 of funds made available to carry out this part pursu7 ant to subsection (b), the Administrator shall re8 serve—

9 ‘‘(A) $15,000,000 to carry out the rural

10 small drinking water systems technical assist11 ance programs of the Environmental Protection

12 Agency pursuant to section 1442(g); and

13 ‘‘(B) $10,000,000 for drinking water

14 health effects research carried out under section

15 1442(a).

16 ‘‘(d) ALLOTMENT PERIOD.—

17 ‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL

18 ASSISTANCE.—

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

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

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

22 be available to the State for obligation during

23 the fiscal year for which the sums are author24 ized and during the following fiscal year.
46

•S 1920 IS

1 ‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL

2 YEAR 1994.—The sums allotted to a State pur3 suant to subsection (b) from funds that are

4 made available by appropriations for fiscal year

5 1994 shall be available to the State for obliga6 tion during each of fiscal years 1994 through

7 1996.

8 ‘‘(2) REALLOTMENT OF UNOBLIGATED

9 FUNDS.—The amount of any allotment that is not

10 obligated by a State by the last day of the period of

11 availability established by paragraph (1) shall be im12 mediately reallotted by the Administrator on the

13 basis of the same ratio as is applicable to sums allot14 ted under subsection (b). None of the funds reallot15 ted by the Administrator shall be reallotted to any

16 State that has not obligated all sums allotted to the

17 State pursuant to this section during the period that

18 the sums were available for obligation.

19 ‘‘(e) DIRECT GRANTS.—The Administrator is author20 ized to make grants for compliance with this title to Indian

21 tribes, the District of Columbia, the United States Virgin

22 Islands, the Commonwealth of the Northern Mariana Is23 lands, American Samoa, Guam, and the Republic of

24 Palau.
47

•S 1920 IS

1 ‘‘SEC. 1473. ELIGIBLE ASSISTANCE.

2 ‘‘(a) IN GENERAL.—The amounts deposited into a

3 State loan fund, including any amounts equal to the

4 amounts of loan repayments and interest earned on the

5 amounts deposited, may be used by the State to carry out

6 projects that are consistent with this section.

7 ‘‘(b) USE OF FUNDS.—

8 ‘‘(1) IN GENERAL.—The amounts referred to in

9 subsection (a) shall be used for providing loans or

10 other financial assistance of any kind that the State

11 considers appropriate for public water systems. The

12 financial assistance may be used by a public water

13 system only for expenditures (not including compli14 ance monitoring, operation, and maintenance ex15 penditures) of a type or category that the Adminis16 trator determines, through guidance, will—

17 ‘‘(A) facilitate compliance with national

18 primary drinking water regulations applicable

19 to the system under section 1412; or

20 ‘‘(B) otherwise significantly further the

21 health protection objectives of this title.

22 ‘‘(2) SYSTEMS THAT SERVE FEWER THAN 10,000

23 INDIVIDUALS.—15 percent of the amounts credited

24 to any State loan fund established under this part

25 for a fiscal year shall be available solely for provid-
48

•S 1920 IS

1 ing assistance to public water systems that regularly

2 serve less than 10,000 individuals.

3 ‘‘(c) SPECIFIC REQUIREMENTS.—

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

5 offer to enter into an agreement with a State under

6 this subsection only if the State has established, to

7 the satisfaction of the Administrator, that—

8 ‘‘(A) the State will deposit all grants re9 ceived from the Administrator under this sub10 section, together with all repayments and inter11 est on the grants, in a drinking water treatment

12 revolving fund established by the State in ac13 cordance with this subsection; and

14 ‘‘(B) the appropriate official of the State

15 agency with primacy shall have authority to

16 make determinations for criteria and eligibility

17 for funding provided to a public water system

18 from the revolving fund.

19 ‘‘(2) PROHIBITION.—

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

21 subparagraph (B), no loan or other financial

22 assistance may be used by any public water sys23 tem in significant noncompliance of a require24 ment of this title, for any expenditure that

25 could be avoided or significantly reduced by ap-
49

•S 1920 IS

1 propriate consolidation, restructuring, or ob2 taining a new water source.

3 ‘‘(B) EXCEPTION.—The assistance re4 ferred to in subparagraph (A) may be provided

5 for a consolidation, restructuring, or new water

6 source referred to in such subparagraph.

7 ‘‘(d) ELIGIBLE PUBLIC WATER SYSTEMS.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), a State loan fund may provide financial

10 assistance only to community water systems and

11 public and nonprofit noncommunity water systems.

12 ‘‘(2) PRIVATELY OWNED NONCOMMUNITY SYS13 TEMS.—Before providing financial assistance to a

14 privately owned noncommunity system pursuant to

15 this paragraph, the State shall ensure that the as16 sistance is secured with an appropriate amount of,

17 and type of, financial collateral.

18 ‘‘(e) TYPES OF ASSISTANCE.—Except as otherwise

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

20 loan fund under this section may be used only—

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

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

23 than or equal to the market interest rate, in24 cluding an interest free loan;
50

•S 1920 IS

1 ‘‘(B)(i) the annual principal and interest

2 payments on each loan will commence not later

3 than 1 year after the completion of the project

4 for which the loan was made; and

5 ‘‘(ii) each loan will be fully amortized not

6 later than 30 years after the completion of the

7 project;

8 ‘‘(C) the recipient of each loan will estab9 lish a dedicated source of revenue for the repay10 ment of the loan; and

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

12 with all payments of principal and interest on

13 each loan;

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

15 a municipality, or other public body created by or

16 pursuant to State law, or interstate agency within

17 the State, at an interest rate that is less than or

18 equal to the market interest rate;

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

20 local obligation if the guarantee or purchase would

21 improve credit market access or reduce the interest

22 rate applicable to the obligation;

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

24 payment of principal and interest on revenue or gen25 eral obligation bonds issued by the State if the pro-
51

•S 1920 IS

1 ceeds of the sale of the bonds will be deposited into

2 the State loan fund;

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

4 payment of interest on a local obligation, if the pay5 ment from the State loan fund does not reduce the

6 effective interest rate of the obligation by more than

7 2.5 percentage points; and

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

9 into the State loan fund.

10 ‘‘(f) ASSISTANCE FOR DISADVANTAGED COMMU11 NITIES.—Notwithstanding subsection (d), each State may

12 forgive repayment of some or all of the principal amount

13 of a loan or other financial assistance made available from

14 the State loan fund to any community that the State de15 termines, using criteria developed by the State, is (or will

16 become) a disadvantaged community. The total amount of

17 repayments of principal forgiven pursuant to this sub18 section shall be an amount not less than 10 percent and

19 not more than 20 percent of the capitalization grant allot20 ted to the State pursuant to section 1472.

21 ‘‘SEC. 1474. STATE LOAN FUND ADMINISTRATION.

22 ‘‘(a) ADMINISTRATION, PLANNING, AND TECHNICAL

23 ASSISTANCE.—Each State that has a State loan fund is

24 authorized to expend from the State loan fund a reason25 able amount—
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1 ‘‘(1) not to exceed 5 percent of the capitaliza2 tion grant made to the State, for the costs of the ad3 ministration of the State loan fund; and

4 ‘‘(2) not to exceed the greater of—

5 ‘‘(A) $3,000,000; or

6 ‘‘(B) 10 percent of the capitalization grant

7 made to the State,

8 for State primacy, technical and financial manage9 ment assistance to public water systems including

10 requirements for the preparation of ground water

11 and wellhead protection plans, the implementation of

12 underground injection control programs, and the op13 eration of small systems monitoring programs and

14 operator certification programs. The amount (wheth15 er principal or interest of the fund) shall not be sub16 ject to repayment to the fund.

17 ‘‘(b) INTENDED USE PLANS.—

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

19 receiving an initial capitalization grant under section

20 1472, and before receiving any subsequent grant,

21 each State that enters into a capitalization agree22 ment under this part shall, after providing an oppor23 tunity for public review and comment, prepare a

24 plan that identifies the intended uses of the amounts

25 deposited into the State loan fund of the State.
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1 ‘‘(2) CONTENTS.—An intended use plan shall

2 include—

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

4 the first fiscal year that begins after the date

5 of the plan, including a description of the

6 project, the terms of financial assistance, and

7 the size of the community served;

8 ‘‘(B) a description of all projects for which

9 a public water system sought financial assist10 ance for the fiscal year and the annual user

11 charges of the system;

12 ‘‘(C) the criteria and methods established

13 for the distribution of funds;

14 ‘‘(D) a description of projects expected to

15 be assisted in the 2 fiscal years following the

16 fiscal year for which a list was prepared under

17 subparagraph (A); and

18 ‘‘(E) a description of the financial status

19 of the State loan fund and the short-term and

20 long-term goals of the State loan fund.

21 ‘‘(3) PRIORITY FOR PROJECT FUNDING.—An

22 intended use plan shall provide, to the extent prac23 ticable, that priority for the use of funds be given

24 to public water systems that are in violation of a na25 tional primary drinking water regulation.
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1 ‘‘SEC. 1475. STATE LOAN FUND MANAGEMENT.

2 ‘‘(a) IN GENERAL.—Not later than 1 year after the

3 date of enactment of this part, and annually thereafter,

4 the Administrator shall conduct such reviews and audits

5 as the Administrator considers appropriate, or require

6 each State to have the reviews and audits independently

7 conducted, in accordance with the single audit require8 ments of chapter 75 of title 31, United States Code.

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

10 the date of enactment of this part, and annually there11 after, each State that administers a State loan fund shall

12 publish and submit to the Administrator a report on the

13 activities of the State under this part, including the find14 ings of the most recent audit of the State loan fund.

15 ‘‘(c) DRINKING WATER NEEDS SURVEY AND ASSESS16 MENT.—Not later than 2 years after the date of enact17 ment of this part, and every 4 years thereafter, the Ad18 ministrator shall submit to Congress a survey and assess19 ment of the needs for facilities in each State eligible for

20 assistance under this part. The survey and assessment

21 conducted pursuant to this subsection shall—

22 ‘‘(1) identify the needs for projects or facilities

23 eligible for assistance under this part on the date of

24 the assessment (other than refinancing for a project

25 pursuant to section 1473(d)(2));
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1 ‘‘(2) identify the needs for eligible facilities over

2 the 20-year period following the date of the assess3 ment;

4 ‘‘(3) identify the population served by each pub5 lic water system that has a project eligible for assist6 ance; and

7 ‘‘(4) include such other information as the Ad8 ministrator determines to be appropriate.

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

10 an evaluation of the effectiveness of the State loan funds

11 through fiscal year 1996. The evaluation shall be submit12 ted to Congress at the same time as the President submits

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

14 States Code, an appropriations request for fiscal year

15 1998 relating to the budget of the Environmental Protec16 tion Agency.

17 ‘‘SEC. 1476. ENFORCEMENT.

18 ‘‘The failure or inability of any public water system

19 to receive funds under this part or any other loan or grant

20 program, or any delay in obtaining the funds, shall not

21 alter the obligation of the system to comply in a timely

22 manner with all applicable drinking water standards and

23 requirements of this Act.
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1 ‘‘SEC. 1477. REGULATIONS AND GUIDANCE.

2 ‘‘The Administrator shall publish such guidance and

3 issue such regulations as are necessary to carry out this

4 part, including guidance and regulations to ensure that—

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

6 from State loan funds in accordance with the re7 quirements of this part and applicable Federal and

8 State laws; and

9 ‘‘(2) the States and eligible public water sys10 tems that receive funds under this part use account11 ing, auditing, and fiscal procedures that conform to

12 generally accepted accounting standards.

13 ‘‘SEC. 1478. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘There are authorized to be appropriated to the Envi15 ronmental Protection Agency to carry out this part

16 $600,000,000 for fiscal year 1994 and $1,000,000,000 for

17 each of fiscal years 1995 through 2000.’’.

18 SEC. 17. MINORITY COMMUNITY GRANTS FOR COMMU19 NITIES WITH ECONOMIC HARDSHIP.

20 (a) DEFINITIONS.—As used in this section:

21 (1) MINORITY.—The term ‘‘minority’’ means an

22 African-American, Hispanic American, Asian Amer23 ican, or Native American.

24 (2) MINORITY COMMUNITY WITH ECONOMIC

25 HARDSHIP.—The term ‘‘minority community with
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1 economic hardship’’ means an unincorporated com2 munity—

3 (A) that, based on the latest census data,

4 has a minority population in excess of 50 per5 cent of the total population;

6 (B) that is unable to be recognized as an

7 appropriate political subdivision of the State

8 that could more effectively access funding for

9 water and wastewater projects; and

10 (C) for which the State legislature has

11 made funds available by appropriations to assist

12 in the payment of an eligible wastewater project

13 (as described in subsection (c)).

14 (b) IN GENERAL.—The Administrator may make a

15 grant or provide other financial assistance to 1 or more

16 minority communities with economic hardship for eligible

17 wastewater treatment projects, including providing assist18 ance for the construction of facilities and related expenses

19 to minority communities with economic hardship to—

20 (1) improve the housing stock infrastructure in

21 the communities; and

22 (2) abate health hazards caused by ground

23 water contamination from septage in arid areas with

24 high ground water levels.
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1 (c) ELIGIBLE WASTEWATER TREATMENT

2 PROJECTS.—The eligible wastewater treatment projects

3 that may receive assistance under this section shall include

4 innovative technologies, including vacuum systems and

5 constructed wetlands.

6 (d) FUNDING.—In carrying out this section, the Ad7 ministrator shall use an amount equal to $20,000,000 of

8 the funds made available to the Environmental Protection

9 Agency for use beginning on May 31, 1994, under the

10 matter under the heading ‘‘WATER INFRASTRUCTURE/

11 STATE REVOLVING FUNDS’’ under the heading ‘‘ENVIRON12 MENTAL PROTECTION AGENCY’’ in title III of the Depart13 ments of Veterans Affairs and Housing and Urban

14 Development, and Independent Agencies Appropriations

15 Act, 1994 (Public Law 103–124; 107 Stat. 1294).

16 SEC. 18. ASSISTANCE TO COLONIAS.

17 (a) DEFINITIONS.—As used in this section:

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Environ20 mental Protection Agency.

21 (2) BORDER STATE.—The term ‘‘border State’’

22 means each of the following States:

23 (A) Arizona.

24 (B) California.

25 (C) New Mexico.
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1 (D) Texas.

2 (3) CONSTRUCTION.—The term ‘‘construction’’

3 has the meaning provided the term under section

4 212(1) of the Federal Water Pollution Control Act

5 (33 U.S.C. 1292(1)).

6 (4) ELIGIBLE COMMUNITY.—The term ‘‘eligible

7 community’’ means a low-income community with

8 economic hardship that—

9 (A) is commonly referred to as a colonia;

10 (B) is located along the United States11 Mexico border (generally in an unincorporated

12 area); and

13 (C) lacks basic sanitation facilities such as

14 safe drinking water, household plumbing, and a

15 proper sewage disposal system.

16 (5) TREATMENT WORKS.—The term ‘‘treatment

17 works’’ has the meaning provided the term under

18 section 212(2) of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1292(2)).

20 (b) PURPOSES.—The purposes of this section are to

21 protect the economy, public health, environment, and

22 water quality of the United States-Mexico border area that

23 is endangered and is being polluted by raw or partially

24 treated sewage, effluent, and other pollutants.
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1 (c) TRANSFERS AND GRANTS TO ALLEVIATE

2 HEALTH RISK.—

3 (1) IN GENERAL.—

4 (A) ASSISTANCE.—The Administrator is

5 authorized to transfer funds to another Federal

6 agency or award grants to any other appro7 priate entity or border State, designated by the

8 President, to provide assistance to eligible com9 munities for—

10 (i) the conservation, development, use,

11 and control of water (including the exten12 sion or improvement of a water supply sys13 tem); and

14 (ii) the construction or improvement

15 of sewers, treatment works for wastewater

16 treatment, and essential community facili17 ties (including necessary related equip18 ment).

19 (B) USE OF FUNDS.—Each transfer of

20 funds, and each grant awarded, pursuant to

21 subparagraph (A) shall be used to provide as22 sistance to 1 (or more) eligible community with

23 respect to which the residents are subject to a

24 significant health risk (as determined by the
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1 Administrator) attributable to the lack of access

2 to, or service by, an adequate and affordable—

3 (i) water supply system; or

4 (ii) treatment works for wastewater

5 treatment.

6 (2) OPERATION AND MAINTENANCE.—To carry

7 out the purposes referred to in subsection (b), the

8 Administrator and the head of each other Federal

9 agency, entity, or border State, designated by the

10 President pursuant to paragraph (1)(A) are each au11 thorized to operate and maintain a treatment works

12 or other project that is constructed with funds made

13 available pursuant to paragraph (1).

14 (3) APPROVAL OF PLANS.—

15 (A) PLANS AND SPECIFICATIONS.—Each

16 treatment works or other project that is funded

17 by a transfer or a grant made pursuant to

18 paragraph (1)(A) shall be constructed in ac19 cordance with plans and specifications devel20 oped by the Administrator or the head of an21 other Federal agency or the appropriate official

22 of an entity or border State designated by the

23 President under subparagraph (A), in consulta24 tion with the appropriate official of the affected

25 border State.
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1 (B) APPROVAL BY THE ADMINISTRATOR.—

2 As a condition of carrying out the construction

3 of a treatment works or other project referred

4 to in subparagraph (A), the head of the Federal

5 agency or appropriate official of an entity or

6 border State shall submit the plans and speci7 fications referred to in paragraph (1) to the Ad8 ministrator for approval.

9 (C) STANDARDS FOR CONSTRUCTION.—

10 The standards for construction applicable to a

11 treatment works or other project under title II

12 of the Federal Water Pollution Control Act (33

13 U.S.C. 1281 et seq.) shall apply to the con14 struction of a treatment works or other project

15 under this section in the same manner as the

16 standards apply under such title.

17 (d) FUNDING.—

18 (1) AVAILABLE FUNDS.—The Administrator

19 shall use such amount of the funds made available

20 to the Environmental Protection Agency for use be21 ginning on May 31, 1994, under the matter under

22 the heading ‘‘WATER INFRASTRUCTURE/STATE RE23 VOLVING FUNDS’’ under the heading ‘‘ENVIRON24 MENTAL PROTECTION AGENCY’’ in title III of the

25 Departments of Veterans Affairs and Housing and
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1 Urban Development, and Independent Agencies Ap2 propriations Act, 1994 (Public Law 103–124; 107

3 Stat. 1294) as is necessary to carry out this section.

4 (2) AUTHORIZATION OF APPROPRIATIONS.—

5 There are authorized to be appropriated to the Envi6 ronmental Protection Agency to carry out this sec7 tion such sums as may be necessary for fiscal year

8 1995, and for each fiscal year thereafter.

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