I 

111TH CONGRESS 

2D SESSION H. R. 6393 

To allow certain small public water systems to request an exemption from 

the requirements of any national primary drinking water regulation for 

a naturally occurring contaminant, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. YOUNG of Alaska (for himself and Mr. SIMPSON) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To allow certain small public water systems to request an 

exemption from the requirements of any national primary 

drinking water regulation for a naturally occurring contaminant, 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. 

4 This Act may be cited as the ‘‘Small Community Op5 tions for Regulatory Equity Act of 2010’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 6393 IH

1 SEC. 2. EXEMPTION FOR NONPROFIT AND MUNICIPAL 

2 SMALL PUBLIC WATER SYSTEMS RESPECT3 ING NATURALLY OCCURRING CONTAMI4 NANTS. 

5 The Safe Drinking Water Act (42 U.S.C. 300f et 

6 seq.) is amended by inserting after section 1416 the fol7 lowing: 

8 ‘‘EXEMPTION FOR NONPROFIT AND MUNICIPAL SMALL

9 PUBLIC WATER SYSTEMS RESPECTING NATURALLY

10 OCCURRING CONTAMINANTS

11 ‘‘SEC. 1416A. (a) EXEMPTION.—A State exercising 

12 primary enforcement responsibility for public water sys13 tems under section 1413 (or the Administrator in any non14 primacy State) shall exempt any nonprofit or municipal 

15 small public water system that submits a request in ac16 cordance with subsection (b) from the requirements of any 

17 national primary drinking water regulation for a naturally 

18 occurring contaminant. 

19 ‘‘(b) REQUEST.—To seek an exemption under this 

20 section, a nonprofit or municipal small public water sys21 tem— 

22 ‘‘(1) shall submit a written request to the State 

23 exercising primary enforcement responsibility with 

24 respect to the system (or the Administrator in any 

25 nonprimacy State); and 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 6393 IH

1 ‘‘(2) shall include in such request a finding 

2 under subsection (c). 

3 ‘‘(c) ECONOMIC FEASIBILITY.— 

4 ‘‘(1) FINDING.—To seek an exemption under 

5 this section, a nonprofit or municipal small public 

6 water system must find that compliance by the sys7 tem with the national primary drinking water regu8 lation involved is not economically feasible. 

9 ‘‘(2) NO REVIEW.—A finding by a nonprofit or 

10 municipal small public water system under this sub11 section shall not be subject to judicial or administra12 tive review. 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘municipal’, with respect to a 

15 small public water system, means owned or operated 

16 by a municipality. 

17 ‘‘(2) The term ‘naturally occurring contami18 nant’ includes arsenic, radon, radium, uranium, any 

19 microbial pathogen (including Cryptosporidium and 

20 Giardia lamblia), and any contaminant that is a dis21 infection byproduct (including bromate, chlorite, 

22 haloacetic acids, and total trihalomethanes). 


emcdonald on DSK2BSOYB1PROD with BILLS
4 

•HR 6393 IH

1 ‘‘(3) The term ‘small public water system’ 

2 means a public water system serving 10,000 or 

3 fewer persons.’’. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS