I 

111TH CONGRESS 

2D SESSION H. R. 5320 

To amend the Safe Drinking Water Act to increase assistance for States, 

water systems, and disadvantaged communities; to encourage good financial and environmental management of water systems; to strengthen 

the Environmental Protection Agency’s ability to enforce the requirements of the Act; to reduce lead in drinking water; to strengthen the 

endocrine disruptor screening program; and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2010 

Mr. WAXMAN (for himself and Mr. MARKEY of Massachusetts) introduced the 

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

A BILL 

To amend the Safe Drinking Water Act to increase assistance for States, water systems, and disadvantaged communities; to encourage good financial and environmental 

management of water systems; to strengthen the Environmental Protection Agency’s ability to enforce the requirements of the Act; to reduce lead in drinking water; 

to strengthen the endocrine disruptor screening program; 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

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

4 ‘‘Assistance, Quality, and Affordability Act of 2010’’. 

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

6 this Act is as follows: 

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

Sec. 2. Technical assistance for small public water systems. 

Sec. 3. Prevailing wages. 

Sec. 4. Use of funds. 

Sec. 5. Data on variances, exemptions, and persistent violations. 

Sec. 6. Assistance for restructuring. 

Sec. 7. Priority and weight of applications. 

Sec. 8. Disadvantaged communities. 

Sec. 9. Administration of State loan funds. 

Sec. 10. Authorization of appropriations. 

Sec. 11. Negotiation of contracts. 

Sec. 12. Affordability of new standards. 

Sec. 13. Focus on lifecycle costs. 

Sec. 14. Enforcement. 

Sec. 15. Reducing lead in drinking water. 

Sec. 16. Endocrine disruptor screening program. 

7 (c) REFERENCES.—Except as otherwise specified, 

8 whenever in this Act an amendment is expressed in terms 

9 of an amendment to a section or other provision, the ref10 erence shall be considered to be made to a section or other 

11 provision of the Safe Drinking Water Act (42 U.S.C. 300f 

12 et seq.). 

13 SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC 

14 WATER SYSTEMS. 

15 Subsection (e) of section 1442 (42 U.S.C. 300j–1(e)) 

16 is amended to read as follows: 

17 ‘‘(e) TECHNICAL ASSISTANCE.— 


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1 ‘‘(1) IN GENERAL.—The Administrator, directly 

2 or through grants or cooperative agreements with 

3 nonprofit organizations, may provide technical as4 sistance to small public water systems to enable such 

5 systems to achieve and maintain compliance with ap6 plicable national primary drinking water regulations. 

7 ‘‘(2) TYPES OF ASSISTANCE.—Technical assist8 ance under paragraph (1) may include on-site tech9 nical assistance and compliance assistance; circuit10 rider technical assistance programs; on-site and re11 gional training; assistance with implementing source 

12 water protection programs; assistance with increas13 ing water or energy efficiency; assistance with de14 signing, installing, or operating sustainable energy 

15 infrastructure to produce or capture sustainable en16 ergy on site or through water transport; assistance 

17 with developing technical, financial, and managerial 

18 capacity; assistance with long-term infrastructure 

19 planning; assistance with applying for funds from a 

20 State loan fund under section 1452; and assistance 

21 with implementation of monitoring plans, rules, reg22 ulations, and water security enhancements. 

23 ‘‘(3) PRIORITY.—In providing assistance under 

24 this subsection, the Administrator shall give priority 

25 to assistance that will promote compliance with naVerDate Mar 15 2010 02:34 May 19, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.IH H5320

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1 tional primary drinking water standards, public 

2 health protection, and long term sustainability of 

3 small public water systems. In awarding grants and 

4 cooperative assistance under paragraph (1) to non5 profit organizations, the Administrator shall (subject 

6 to the preceding sentence) give greater weight to 

7 nonprofit organizations that, as determined by the 

8 Administrator, are most qualified and most effective. 

9 ‘‘(4) COMPETITIVE PROCEDURES.—It is the 

10 presumption of Congress that any award of assist11 ance under this subsection will be awarded using 

12 competitive procedures based on merit. If assistance 

13 is awarded under this subsection using procedures 

14 other than competitive procedures, the Adminis15 trator shall submit to the Congress, within 90 days 

16 of the award decision, a report explaining why com17 petitive procedures were not used. 

18 ‘‘(5) FUNDING.— 

19 ‘‘(A) AUTHORIZATION OF APPROPRIA20 TIONS.—There is authorized to be appropriated 

21 to carry out this subsection $20,000,000 for 

22 each of fiscal years 2011 through 2015. 

23 ‘‘(B) PROHIBITION ON EARMARKS.—No 

24 funds made available under this subsection may 

25 be used to carry out a provision or report lanVerDate Mar 15 2010 02:34 May 19, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.IH H5320

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1 guage included primarily at the request of a 

2 Member, Delegate, Resident Commissioner, or 

3 Senator providing, authorizing or recom4 mending a specific amount of discretionary 

5 budget authority, credit authority, or other 

6 spending authority for a contract, loan, loan 

7 guarantee, grant, loan authority, or other ex8 penditure with or to an entity, or targeted to a 

9 specific State, locality, or Congressional district, 

10 other than through a statutory or administra11 tive formula-driven or competitive award proc12 ess. 

13 ‘‘(C) LOBBYING EXPENSES.—No portion of 

14 any State loan fund established under section 

15 1452 and no portion of any funds made avail16 able under this subsection may be used for lob17 bying expenses. 

18 ‘‘(D) INDIAN TRIBES.—Of the total 

19 amount made available under this section for 

20 each fiscal year, 3 percent shall be used for 

21 technical assistance to public water systems 

22 owned or operated by Indian Tribes.’’. 

23 SEC. 3. PREVAILING WAGES. 

24 Subsection (e) of section 1450 (42 U.S.C. 300j–9) 

25 is amended to read as follows: 


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1 ‘‘(e) LABOR STANDARDS.— 

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

3 take such action as the Administrator determines to 

4 be necessary to ensure that each laborer and me5 chanic employed by a contractor or subcontractor of 

6 a construction project financed, in whole or in part, 

7 by a grant, loan, loan guarantee, refinancing, or any 

8 other form of financial assistance provided under 

9 this title (including assistance provided by a State 

10 loan fund established under section 1452) is paid 

11 wages at a rate of not less than the wages prevailing 

12 for the same type of work on similar construction in 

13 the immediate locality, as determined by the Sec14 retary of Labor in accordance with subchapter IV of 

15 chapter 31 of title 40, United States Code. 

16 ‘‘(2) AUTHORITY OF SECRETARY OF LABOR.— 

17 With respect to the labor standards specified in this 

18 subsection, the Secretary of Labor shall have the au19 thority and functions established in Reorganization 

20 Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec21 tion 3145 of title 40, United States Code.’’. 

22 SEC. 4. USE OF FUNDS. 

23 Section 1452(a)(2) (42 U.S.C. 300j–12(a)(2)) is 

24 amended— 


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1 (1) by striking ‘‘Except as otherwise’’ and in2 serting the following: 

3 ‘‘(A) IN GENERAL.—Except as otherwise’’; 

4 (2) by striking ‘‘Financial assistance under this 

5 section’’ and inserting the following: 

6 ‘‘(B) PERMISSIBLE EXPENDITURES.—Fi7 nancial assistance under this section’’; 

8 (3) by striking ‘‘The funds may also be used’’ 

9 and inserting the following: 

10 ‘‘(D) CERTAIN LOANS.—Financial assist11 ance under this section may also be used’’; 

12 (4) by striking ‘‘The funds shall not be used’’ 

13 and inserting the following: 

14 ‘‘(E) LIMITATION.—Financial assistance 

15 under this section shall not be used’’; 

16 (5) by striking ‘‘Of the amount credited’’ and 

17 inserting the following: 

18 ‘‘(F) SET ASIDE.—Of the amount cred19 ited’’; 

20 (6) in subparagraph (B) (as designated by 

21 paragraph (2)) by striking ‘‘(not’’ and inserting 

22 ‘‘(including expenditures for planning, design, siting, 

23 and associated preconstruction activities, for replac24 ing or rehabilitating aging treatment, storage, or 

25 distribution facilities of public water systems, or for 


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1 producing or capturing sustainable energy on site or 

2 through the transportation of water through the 

3 public water system, but not’’; and 

4 (7) by inserting after such subparagraph (B) 

5 the following: 

6 ‘‘(C) SALE OF BONDS.—If a State issues 

7 revenue or general obligation bonds to provide 

8 all or part of the State contribution required by 

9 subsection (e), and the proceeds of the sale of 

10 such bonds will be deposited into the State loan 

11 fund— 

12 ‘‘(i) financial assistance made avail13 able under this section may be used by the 

14 State as security for payment of the prin15 cipal and interest on such bonds; and 

16 ‘‘(ii) interest earnings of the State 

17 loan fund may be used by the State as rev18 enue for payment of the principal and in19 terest on such bonds.’’. 

20 SEC. 5. DATA ON VARIANCES, EXEMPTIONS, AND PER21 SISTENT VIOLATIONS. 

22 Section 1452(b)(2) (42 U.S.C. 300j–12(b)(2)) is 

23 amended— 

24 (1) in subparagraph (B), by striking ‘‘and’’ at 

25 the end; 


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1 (2) in subparagraph (C), by striking the period 

2 as the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(D) a list of all water systems within the 

5 State that have in effect an exemption or vari6 ance for any national primary drinking water 

7 regulation or that are in persistent violation of 

8 the requirements for any maximum contami9 nant level or treatment technique under a na10 tional primary drinking water regulation, in11 cluding identification of— 

12 ‘‘(i) the national primary drinking 

13 water regulation in question for each such 

14 exemption, variance, or violation; and 

15 ‘‘(ii) the date on which the exemption 

16 or variance came into effect or the viola17 tion began.’’. 

18 SEC. 6. ASSISTANCE FOR RESTRUCTURING. 

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

20 amended by adding at the end the following: 

21 ‘‘(17) RESTRUCTURING.—The term ‘restruc22 turing’ means changes in operations (including own23 ership, management, cooperative partnerships, joint 

24 purchasing arrangements, consolidation, and alter25 native water supply).’’. 


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1 (b) RESTRUCTURING.—Clause (ii) of section 

2 1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended 

3 by striking ‘‘changes in operations (including ownership, 

4 management, accounting, rates, maintenance, consolida5 tion, alternative water supply, or other procedures)’’ and 

6 inserting ‘‘restructuring’’. 

7 SEC. 7. PRIORITY AND WEIGHT OF APPLICATIONS. 

8 (a) PRIORITY.—Section 1452(b)(3) (42 U.S.C. 300j– 

9 12(b)(3)) is amended— 

10 (1) in subparagraph (A)— 

11 (A) in clause (ii), by striking ‘‘and’’ at the 

12 end; 

13 (B) in clause (iii), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(iv) improve the ability of systems to 

17 protect human health and comply with the 

18 requirements of this title affordably in the 

19 future.’’; 

20 (2) by redesignating subparagraph (B) as sub21 paragraph (D); 

22 (3) by inserting after subparagraph (A) the fol23 lowing: 

24 ‘‘(B) AFFORDABILITY OF NEW STAND25 ARDS.—For any year in which enforcement beVerDate Mar 15 2010 02:34 May 19, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.IH H5320

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1 gins for a new national primary drinking water 

2 standard, each State that has entered into a 

3 capitalization agreement pursuant to this sec4 tion shall evaluate whether capital improve5 ments required to meet the standard are afford6 able for disadvantaged communities in the 

7 State. If the State finds that such capital im8 provements do not meet affordability criteria 

9 for disadvantaged communities in the State, the 

10 State’s intended use plan shall provide that pri11 ority for the use of funds for such year be given 

12 to public water systems affected by the stand13 ard and serving disadvantaged communities. 

14 ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.— 

15 After determining priority under subparagraphs 

16 (A) and (B), an intended use plan shall provide 

17 that the State will give greater weight to an ap18 plication for assistance if the application con19 tains— 

20 ‘‘(i) a description of measures under21 taken by the system to improve the man22 agement and financial stability of the sys23 tem, which may include— 


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1 ‘‘(I) an inventory of assets, in2 cluding a description of the condition 

3 of the assets; 

4 ‘‘(II) a schedule for replacement 

5 of assets; 

6 ‘‘(III) an audit of water losses; 

7 ‘‘(IV) a financing plan that fac8 tors in all lifecycle costs indicating 

9 sources of revenue from ratepayers, 

10 grants, bonds, other loans, and other 

11 sources to meet the costs; and 

12 ‘‘(V) a review of options for re13 structuring; 

14 ‘‘(ii) a demonstration of consistency 

15 with State, regional, and municipal water16 shed plans; 

17 ‘‘(iii) a water conservation plan con18 sistent with guidelines developed for such 

19 plans by the Administrator under section 

20 1455(a); and 

21 ‘‘(iv) a description of measures under22 taken by the system to improve the effi23 ciency of the system or reduce the system’s 

24 environmental impact, which may in25 clude— 


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1 ‘‘(I) water efficiency or conserva2 tion, including the rehabilitation or re3 placement of existing leaking pipes; 

4 ‘‘(II) use of reclaimed water; 

5 ‘‘(III) actions to increase energy 

6 efficiency; 

7 ‘‘(IV) actions to generate or cap8 ture sustainable energy on site or 

9 through the transportation of water 

10 through the system; 

11 ‘‘(V) actions to protect source 

12 water; and 

13 ‘‘(VI) actions to reduce disinfec14 tion byproducts.’’; and 

15 (4) in subparagraph (D) (as redesignated by 

16 paragraph (2)) by striking ‘‘periodically’’ and insert17 ing ‘‘at least biennially’’. 

18 (b) GUIDANCE.—Section 1452 (42 U.S.C. 300j–12) 

19 is amended— 

20 (1) by redesignating subsection (r) as sub21 section (s); and 

22 (2) by inserting after subsection (q) the fol23 lowing: 

24 ‘‘(r) SMALL SYSTEM GUIDANCE.—The Administrator 

25 may provide guidance and, as appropriate, tools, methVerDate Mar 15 2010 02:34 May 19, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.IH H5320

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1 odologies, or computer software, to assist small systems 

2 in undertaking measures to improve the management, fi3 nancial stability, and efficiency of the system or reduce 

4 the system’s environmental impact.’’. 

5 SEC. 8. DISADVANTAGED COMMUNITIES. 

6 (a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec7 tion 1452(b)(3) (42 U.S.C. 300j–12(b)(3)), as amended, 

8 is further amended by adding at the end the following: 

9 ‘‘(E) ASSISTANCE TO INCREASE COMPLI10 ANCE.—A State’s intended use plan shall pro11 vide that, of the funds received by the State 

12 through a capitalization grant under this sec13 tion for a fiscal year, the State will, to the ex14 tent that there are sufficient eligible project ap15 plications, reserve not less than 4 percent to be 

16 spent on assistance under subsection (d) to 

17 public water systems included in the State’s 

18 most recent list under paragraph (2)(D).’’. 

19 (b) ASSISTANCE FOR DISADVANTAGED COMMU20 NITIES.—Section 1452(d) (42 U.S.C. 300j–12(d)) is 

21 amended— 

22 (1) in paragraph (1), by adding at the end the 

23 following: ‘‘Such additional subsidization shall di24 rectly and primarily benefit the disadvantaged com25 munity.’’; and 


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1 (2) in paragraph (3), by inserting ‘‘, or portion 

2 of a service area,’’ after ‘‘service area’’. 

3 SEC. 9. ADMINISTRATION OF STATE LOAN FUNDS. 

4 Section 1452(g) (42 U.S.C. 300j–12(g)) is amend5 ed— 

6 (1) in paragraph (2)— 

7 (A) in the first sentence, by striking ‘‘up 

8 to 4 percent of the funds allotted to the State 

9 under this section’’ and inserting ‘‘, for each 

10 fiscal year, an amount that does not exceed the 

11 sum of the amount of any fees collected by the 

12 State for use in covering reasonable costs of ad13 ministration of programs under this section, re14 gardless of the source, and an amount equal to 

the greatest of $400,000, 1 15 ⁄5 of one percent of 

16 the current valuation of the State loan fund, or 

17 6 percent of all grant awards to the State loan 

18 fund under this section for the fiscal year,’’; 

19 and 

20 (B) by striking ‘‘1419,’’ and all that fol21 lows through ‘‘1993.’’ and inserting ‘‘1419.’’; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(5) TRANSFER OF FUNDS.— 


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1 ‘‘(A) IN GENERAL.—The Governor of a 

2 State may— 

3 ‘‘(i) reserve for any fiscal year not 

4 more than the lesser of— 

5 ‘‘(I) 33 percent of a capitaliza6 tion grant made under this section; or 

7 ‘‘(II) 33 percent of a capitaliza8 tion grant made under section 601 of 

9 the Federal Water Pollution Control 

10 Act; and 

11 ‘‘(ii) add the funds so reserved to any 

12 funds provided to the State under this sec13 tion or section 601 of the Federal Water 

14 Pollution Control Act. 

15 ‘‘(B) STATE MATCHING FUNDS.—Funds 

16 reserved under this paragraph shall not be con17 sidered for purposes of calculating the amount 

18 of a State contribution required by subsection 

19 (e) of this section or section 602(b) of the Fed20 eral Water Pollution Control Act.’’. 

21 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

22 Subsection (m) of section 1452 (42 U.S.C. 300j–12) 

23 is amended to read as follows: 

24 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated to carry out this section— 

3 ‘‘(A) $1,500,000,000 for fiscal year 2011; 

4 ‘‘(B) $2,000,000,000 for each of fiscal 

5 years 2012 and 2013; 

6 ‘‘(C) $3,200,000,000 for fiscal year 2014; 

7 and 

8 ‘‘(D) $6,000,000,000 for fiscal year 2015. 

9 ‘‘(2) AVAILABILITY.—Amounts made available 

10 pursuant to this subsection shall remain available 

11 until expended. 

12 ‘‘(3) RESERVATION FOR NEEDS SURVEYS.—Of 

13 the amount made available under paragraph (1) to 

14 carry out this section for a fiscal year, the Adminis15 trator may reserve not more than $1,000,000 per 

16 year to pay the costs of conducting needs surveys 

17 under subsection (h).’’. 

18 SEC. 11. NEGOTIATION OF CONTRACTS. 

19 Section 1452 (42 U.S.C. 300j–12), as amended, is 

20 further amended by adding at the end the following: 

21 ‘‘(t) NEGOTIATION OF CONTRACTS.—For community 

22 water systems serving communities with populations of 

23 more than 10,000 individuals, a contract to be carried out 

24 using funds made available through a capitalization grant 

25 under this section for program management, construction 


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1 management, feasibility studies, preliminary engineering, 

2 design, engineering, surveying, mapping, or architectural 

3 or related services shall be negotiated in the same manner 

4 as— 

5 ‘‘(1) a contract for architectural and engineer6 ing services is negotiated under chapter 11 of title 

7 40, United States Code; or 

8 ‘‘(2) a contract subject to an equivalent State 

9 or local qualifications-based requirement (as deter10 mined by the Governor of the State).’’. 

11 SEC. 12. AFFORDABILITY OF NEW STANDARDS. 

12 (a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC

13 WATER SYSTEMS.—Clause (ii) of section 1412(b)(4)(E) 

14 (42 U.S.C. 300g–1(b)(4)(E)) is amended by adding at the 

15 end the following: ‘‘If no technology, treatment technique, 

16 or other means is included in a list under this subpara17 graph for a category of small public water systems, the 

18 Administrator shall periodically review the list and supple19 ment it when new technology becomes available.’’. 

20 (b) ASSISTANCE FOR DISADVANTAGED COMMU21 NITIES.— 

22 (1) IN GENERAL.—Subparagraph (E) of section 

23 1452(a)(1) (42 U.S.C. 300j–12(a)(1)) is amended— 


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1 (A) by striking ‘‘except that the Adminis2 trator may reserve’’ and inserting ‘‘except 

3 that— 

4 ‘‘(i) in any year in which enforcement 

5 of a new national primary drinking water 

6 standard begins, the Administrator may 

7 use the remaining amount to make grants 

8 to States whose public water systems are 

9 disproportionately affected by the new 

10 standard for the provision of assistance 

11 under subsection (d) to such public water 

12 systems; 

13 ‘‘(ii) the Administrator may reserve’’; 

14 and 

15 (B) by striking ‘‘and none of the funds re16 allotted’’ and inserting ‘‘; and 

17 ‘‘(iii) none of the funds reallotted’’. 

18 (2) ELIMINATION OF CERTAIN PROVISIONS.— 

19 (A) Section 1412(b) (42 U.S.C. 300g– 

20 1(b)) is amended by striking paragraph (15). 

21 (B) Section 1415 (42 U.S.C. 300g–4) is 

22 amended by striking subsection (e). 

23 (3) CONFORMING AMENDMENT.—Subparagraph 

24 (B) of section 1414(c)(1) (42 U.S.C. 300g– 


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1 3(c)(1)(B)) is amended by striking ‘‘(a)(2), or (e)’’ 

2 and inserting ‘‘or (a)(2)’’. 

3 SEC. 13. FOCUS ON LIFECYCLE COSTS. 

4 Section 1412(b)(4) (42 U.S.C. 300g–1(b)(4)) is 

5 amended— 

6 (1) in subparagraph (D), by striking ‘‘taking 

7 cost into consideration’’ and inserting ‘‘taking 

8 lifecycle costs, including maintenance, replacement, 

9 and avoided costs, into consideration’’; and 

10 (2) in the matter preceding subclause (I) in 

11 subparagraph (E)(ii), by inserting ‘‘taking lifecycle 

12 costs, including maintenance, replacement, and 

13 avoided costs, into consideration,’’ after ‘‘as deter14 mined by the Administrator in consultation with the 

15 States,’’. 

16 SEC. 14. ENFORCEMENT. 

17 (a) ADVICE AND TECHNICAL ASSISTANCE.—Section 

18 1414 (42 U.S.C. 300g–3) is amended— 

19 (1) in the matter following clause (ii) in sub20 section (a)(1)(A), by striking ‘‘and provide such ad21 vice and technical assistance to such State and pub22 lic water system as may be appropriate to bring the 

23 system into compliance with the requirement by the 

24 earliest feasible time’’; and 


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1 (2) in subsection (a)(1), by adding at the end 

2 the following: 

3 ‘‘(C) At any time after providing notice of 

4 a violation to a State and public water system 

5 under subparagraph (A), the Administrator 

6 may provide such advice and technical assist7 ance to such State and public water system as 

8 may be appropriate to bring the system into 

9 compliance with the requirement by the earliest 

10 feasible time. In deciding whether the provision 

11 of advice or technical assistance is appropriate, 

12 the Administrator may consider the potential 

13 for the violation to result in serious adverse ef14 fects to human health, whether the violation 

15 has occurred continuously or frequently, and 

16 the effectiveness of past technical assistance ef17 forts.’’. 

18 (b) ADDITIONAL INSPECTIONS.— 

19 (1) IN GENERAL.—Section 1414 (42 U.S.C. 

20 300g–3) is amended— 

21 (A) by redesignating subsections (d) 

22 through (i) as subsections (e) through (j), re23 spectively; and 

24 (B) by inserting after subsection (c) the 

25 following: 


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1 ‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA2 TIONS.— 

3 ‘‘(1) IN GENERAL.—The Administrator shall, 

4 by regulation, and after consultation with the States, 

5 prescribe the number, frequency, and type of addi6 tional inspections to follow any violation requiring 

7 notice under subsection (c). Regulations under this 

8 subsection shall— 

9 ‘‘(A) take into account— 

10 ‘‘(i) differences between violations 

11 that are intermittent or infrequent and vio12 lations that are continuous or frequent; 

13 ‘‘(ii) the seriousness of any potential 

14 adverse health effects that may be in15 volved; and 

16 ‘‘(iii) the number and severity of past 

17 violations by the public water system; and 

18 ‘‘(B) specify procedures for inspections fol19 lowing a violation by a public water system that 

20 has the potential to have serious adverse effects 

21 on human health as a result of short-term expo22 sure. 

23 ‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI24 BILITY.—Nothing in this subsection shall be conVerDate Mar 15 2010 02:34 May 19, 2010 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.IH H5320

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1 strued or applied to modify the requirements of sec2 tion 1413.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Subsections (a)(1)(B), (a)(2)(A), and 

5 (b) of section 1414 (42 U.S.C. 300g–3) are 

6 amended by striking ‘‘subsection (g)’’ each 

7 place it appears and inserting ‘‘subsection (h)’’. 

8 (B) Section 1448(a) is amended by strik9 ing ‘‘1414(g)(3)(B)’’ and inserting 

10 ‘‘1414(h)(3)(B)’’. 

11 SEC. 15. REDUCING LEAD IN DRINKING WATER. 

12 (a) IN GENERAL.—Section 1417 (42 U.S.C. 300g– 

13 6) is amended— 

14 (1) by adding at the end of subsection (a) the 

15 following: 

16 ‘‘(4) EXEMPTIONS.—The prohibitions in para17 graphs (1) and (3) shall not apply to— 

18 ‘‘(A) pipes, pipe fittings, plumbing fittings, 

19 or fixtures, including backflow preventers, that 

20 are used exclusively for nonpotable services 

21 such as manufacturing, industrial processing, 

22 irrigation, outdoor watering, or any other uses 

23 where the water is not anticipated to be used 

24 for human consumption; or 


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1 ‘‘(B) toilets, bidets, urinals, fill valves, 

2 flushometer valves, tub fillers, shower valves, 

3 service saddles, or water distribution main gate 

4 valves that are 2 inches in diameter or larger.’’; 

5 and 

6 (2) by amending subsection (d) to read as fol7 lows: 

8 ‘‘(d) DEFINITION OF LEAD FREE.— 

9 ‘‘(1) IN GENERAL.—For the purposes of this 

10 section, the term ‘lead free’ means— 

11 ‘‘(A) not containing more than 0.2 percent 

12 lead when used with respect to solder and flux; 

13 and 

14 ‘‘(B) not more than a weighted average of 

15 0.25 percent when used with respect to the 

16 wetted surfaces of pipes, pipe fittings, plumbing 

17 fittings, and fixtures. 

18 ‘‘(2) CALCULATION.—The weighted average 

19 lead content of a pipe, pipe fitting, plumbing fitting, 

20 or fixture shall be calculated by using the following 

21 formula: For each wetted component, the percentage 

22 of lead in the component shall be multiplied by the 

23 ratio of the wetted surface area of that component 

24 to the total wetted surface area of the entire product 

25 to arrive at the weighted percentage of lead of the 


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1 component. The weighted percentage of lead of each 

2 wetted component shall be added together and the 

3 sum of these weighted percentages shall constitute 

4 the weighted average lead content of the product. 

5 The lead content of the material used to produce 

6 wetted components shall be used to determine com7 pliance with paragraph (1)(B). For lead content of 

8 materials that are provided as a range, the max9 imum content of the range shall be used.’’. 

10 (b) EFFECTIVE DATE.—The provisions of sub11 sections (a)(4) and (d) of section 1417 of the Safe Drink12 ing Water Act, as added by this section, apply beginning 

13 on January 1, 2012. 

14 SEC. 16. ENDOCRINE DISRUPTOR SCREENING PROGRAM. 

15 Section 1457 of the Safe Drinking Water Act (42 

16 U.S.C. 300j–17) is amended to read as follows: 

17 ‘‘ENDOCRINE DISRUPTOR SCREENING PROGRAM

18 ‘‘SEC. 1457. (a) TESTING OF SUBSTANCES.— 

19 ‘‘(1) IN GENERAL.—In carrying out the screening 

20 program under section 408(p) of the Federal Food, Drug, 

21 and Cosmetic Act, the Administrator shall provide for the 

22 testing of substances described in paragraph (2) in addi23 tion to the substances described in section 408(p)(3) of 

24 such Act. 

25 ‘‘(2) COVERED SUBSTANCES.—A substance is subject 

26 to testing pursuant to paragraph (1) if— 


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1 ‘‘(A) the substance may be found in sources of 

2 drinking water; and 

3 ‘‘(B) the Administrator determines that a sub4 stantial population may be exposed to such sub5 stance. 

6 ‘‘(3) SUBSTANCES ALREADY SUBJECT TO TEST7 ING.—Notwithstanding paragraph (2), a substance is not 

8 subject to testing pursuant to paragraph (1) if— 

9 ‘‘(A) the substance is already subject to evalua10 tion determined by the Administrator to be equiva11 lent to testing pursuant to paragraph (1); or 

12 ‘‘(B) the Administrator has already determined 

13 the effect of the substance on the endocrine system. 

14 ‘‘(4) SUBSTANCES DERIVED FROM DEGRADATION OR

15 METABOLISM OF ANOTHER SUBSTANCE.—If a substance 

16 subject to testing pursuant to paragraph (1) (in this para17 graph referred to as the ‘covered substance’) is derived 

18 from the degradation or metabolism of another substance, 

19 or is used in or generated by the manufacture of another 

20 substance, the Administrator shall provide for such testing 

21 of the covered substance by the importer or manufacturer 

22 of the other substance. 

23 ‘‘(b) IDENTIFICATION AND TESTING OF ENDOCRINE

24 DISRUPTING SUBSTANCES THAT MAY BE IN DRINKING

25 WATER.— 


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1 ‘‘(1) IDENTIFICATION.—Not later than 1 year 

2 after the date of the enactment of the Endocrine 

3 Disruptor Screening Enhancement Act of 2010, 

4 after opportunity for comment, the Administrator 

5 shall publish— 

6 ‘‘(A) a list of no fewer than 100 sub7 stances for testing pursuant to subsection 

8 (a)(1) (in accordance with the schedule speci9 fied in paragraph (3)); and 

10 ‘‘(B) a plan for the identification of addi11 tional substances for testing pursuant to sub12 section (a)(1), and a schedule for issuing test 

13 orders for all such additional substances by not 

14 later than 10 years after the date of the enact15 ment of the Endocrine Disruptor Screening En16 hancement Act of 2010, with the goal of test17 ing, at a minimum and consistent with sub18 section (a), all substances that have been placed 

19 on the Drinking Water Preliminary Contami20 nant Candidate List published pursuant to sec21 tion 1412(b)(1)(B)(i). 

22 In publishing the plan and schedule required by sub23 paragraph (B), the Administrator shall obtain advice 

24 and direction from the Science Advisory Board. 


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1 ‘‘(2) PRIORITIZATION; CONSIDERATIONS.—In 

2 selecting substances for listing under paragraph 

3 (1)(A) or identification pursuant to the plan under 

4 paragraph (1)(B), the Administrator— 

5 ‘‘(A) shall prioritize the selection of sub6 stances that pose the greatest public health con7 cern, taking into consideration (among other 

8 factors of public health concern) the effect of 

9 such substances on subgroups that comprise a 

10 meaningful portion of the general population 

11 (such as infants, children, pregnant women, the 

12 elderly, individuals with a history of serious ill13 ness, and other subpopulations) that are identi14 fiable as being at greater risk of adverse health 

15 effects due to exposure to substances in drink16 ing water; and 

17 ‘‘(B) shall take into consideration— 

18 ‘‘(i) available information on the ex19 tent of potential public exposures to the 

20 substances through drinking water; and 

21 ‘‘(ii) the Drinking Water Preliminary 

22 Contaminant Candidate List published 

23 pursuant to section 1412(b)(1)(B)(i). 


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1 ‘‘(3) SCHEDULE.—After publication of the list 

2 under paragraph (1)(A), the Administrator shall 

3 issue test orders for— 

4 ‘‘(A) at least 25 substances on the list by 

5 the end of each year during the 4-year period 

6 following the date of the enactment of the En7 docrine Disruptor Screening Enhancement Act 

8 of 2010; and 

9 ‘‘(B) all substances on the list by the end 

10 of such 4-year period. 

11 ‘‘(c) TESTING PROTOCOL PROCESS.— 

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

13 after the date of the enactment of the Endocrine 

14 Disruptor Screening Enhancement Act of 2010, the 

15 Administrator shall, after opportunity for comment, 

16 and after obtaining advice and direction from the 

17 Science Advisory Board, publish guidance on devel18 oping and updating protocols for testing of possible 

19 endocrine disruptors. The guidance shall specify— 

20 ‘‘(A) the manner in which the Adminis21 trator will evaluate and, where necessary, revise 

22 such protocols; 

23 ‘‘(B) the manner in which the Adminis24 trator will determine when testing of substances 

25 will be required; and 


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1 ‘‘(C) the procedures by which other sci2 entifically relevant information can be used in 

3 lieu of some or all of the information that oth4 erwise would be collected pursuant to testing 

5 under section 408(p) of the Federal Food, 

6 Drug, and Cosmetic Act. 

7 ‘‘(2) MINIMUM CONTENTS.—The procedures 

8 specified pursuant to paragraph (1)(C) shall ensure 

9 that the Administrator may use information that is 

10 prepared or provided by any person (including a reg11 istrant, manufacturer, or importer of a substance for 

12 which testing is required, and any other entity) and 

13 shall apply equally with respect to any such person. 

14 ‘‘(3) AMENDMENTS.—The Administrator may, 

15 after opportunity for comment, and after obtaining 

16 advice and direction from the Science Advisory 

17 Board, amend any guidance published pursuant to 

18 this subsection. 

19 ‘‘(d) REVISION OF TESTING PROTOCOLS.—Not later 

20 than 2 years after the date of the enactment of the Endo21 crine Disruptor Screening Enhancement Act of 2010, the 

22 Administrator shall, after opportunity for comment, deter23 mine whether sufficient scientific information has been de24 veloped to warrant updating the screening protocols devel25 oped under section 408(p) of the Federal Food, Drug, and 


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1 Cosmetic Act. Not later than 5 years after the date of 

2 the enactment of the Endocrine Disruptor Screening En3 hancement Act of 2010 and every 3 years thereafter, the 

4 Administrator shall determine, consistent with the guid5 ance published under subsection (c), whether to revise 

6 screening protocols under such section based on signifi7 cant improvements in the sensitivity, accuracy, reliability, 

8 reproducibility, or efficiency of such protocols. Whenever 

9 the Administrator revises such a protocol, the Adminis10 trator shall also determine, after obtaining advice and di11 rection from the Science Advisory Board or the advisory 

12 panel referred to in section 25(d) of the Federal Insecti13 cide, Fungicide, and Rodenticide Act, as appropriate, 

14 whether any substance that has already been subjected to 

15 testing should be tested using the revised protocol. 

16 ‘‘(e) ACCELERATION OF TESTING FOR CERTAIN SUB17 STANCES.— 

18 ‘‘(1) IN GENERAL.—If the Administrator deter19 mines that— 

20 ‘‘(A) a substance is known to be found in 

21 sources of drinking water, 

22 ‘‘(B) a substantial population is known to 

23 be exposed to the substance, and 

24 ‘‘(C) the substance is either suspected to 

25 be an endocrine disruptor or has a structural 


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1 similarity to a substance known to be an endo2 crine disruptor, 

3 the Administrator shall determine whether to require 

4 the completion of testing for such substance on an 

5 accelerated schedule, to enable the Administrator to 

6 determine the effect of such substance on the endo7 crine system and ensure the protection of public 

8 health. 

9 ‘‘(2) SCIENTIFICALLY RELEVANT INFORMA10 TION.—The Administrator shall make any deter11 mination under paragraph (1) using scientifically 

12 relevant information. In carrying out the preceding 

13 sentence, the Administrator may rely on any avail14 able scientifically relevant information, prepared or 

15 provided by any person. 

16 ‘‘(3) GUIDANCE.—Not later than 1 year after 

17 the date of the enactment of the Endocrine 

18 Disruptor Screening Enhancement Act of 2010, the 

19 Administrator shall, after opportunity for comment, 

20 publish guidance on how the Administrator will 

21 make determinations under paragraph (1). 

22 ‘‘(f) RESULTS OF TESTING.— 

23 ‘‘(1) PUBLICATION OF DATA EVALUATION

24 RECORDS.—Not later than 6 months after receipt of 

25 testing results for a substance, the Administrator 


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1 shall prepare and, consistent with subsection (g), 

2 publish data evaluation records for such results in a 

3 publicly searchable database. 

4 ‘‘(2) ADMINISTRATIVE ACTION.—Not later than 

5 6 months after receipt of testing results for a sub6 stance, the Administrator shall— 

7 ‘‘(A) determine whether to take action re8 lated to the substance under section 1412(b) or 

9 1445, or other appropriate statutory authority; 

10 and 

11 ‘‘(B) consistent with subsection (g), pub12 lish such determination in a publicly searchable 

13 database. 

14 ‘‘(3) STRUCTURED EVALUATION FRAME15 WORK.—To assess the overall weight of the evidence 

16 and relevance to humans and wildlife of results of 

17 testing, the Administrator shall develop and use a 

18 structured evaluative framework consisting of 

19 science-based criteria, consistent with the protection 

20 of public health and the environment, for systemati21 cally evaluating endocrine mode of action and for de22 termining data relevance, quality, and reliability. 

23 ‘‘(g) PUBLIC DATABASE.—Beginning not later than 

24 180 days after the date of the enactment of the Endocrine 

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1 sistent with section 552 of title 5, United States Code, 

2 the Administrator shall publish, in electronic format, a 

3 publicly searchable database that contains information re4 garding the testing program. Not later than 30 days after 

5 the date on which the information becomes available, the 

6 Administrator shall ensure that, at a minimum, the data7 base— 

8 ‘‘(1) identifies the substances selected for test9 ing under the program; and 

10 ‘‘(2) includes the documents and information 

11 pertaining to the status of testing activities for each 

12 such substance, including test orders, deadlines for 

13 submission, the Environmental Protection Agency’s 

14 data evaluation records, the Administrator’s deter15 mination on whether regulatory action will be taken 

16 under subsection (f), and the summary of chemical 

17 test results. 

18 ‘‘(h) PETITION FOR INCLUSION OF A SUBSTANCE IN

19 THE PROGRAM.— 

20 ‘‘(1) IN GENERAL.—Any person may submit a 

21 petition the Administrator to— 

22 ‘‘(A) add a substance to the list under sub23 section (b)(1)(A) or identify a substance pursu24 ant to the plan under subsection (b)(1)(B); or 


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1 ‘‘(B) issue a test order requiring that a 

2 substance be tested on an accelerated basis in 

3 accordance with subsection (e). 

4 ‘‘(2) SPECIFICATION OF FACTS.—Any petition 

5 under paragraph (1) shall specify the facts that are 

6 claimed to establish that an action described in sub7 paragraph (A) or (B) of paragraph (1) is warranted. 

8 ‘‘(3) ADMINISTRATIVE ACTION.—Not later than 

9 90 days after the filing of a petition described under 

10 paragraph (1), the Administrator shall determine 

11 whether the petition has established that an action 

12 described in subparagraph (A) or (B) of paragraph 

13 (1) is warranted and shall grant or deny the peti14 tion. If the Administrator grants such petition, the 

15 Administrator shall promptly add the substance to 

16 the list under subsection (b)(1)(A), identify the sub17 stance pursuant to the plan under subsection 

18 (b)(1)(B), or issue an order requiring testing on an 

19 accelerated basis in accordance with subsection (e), 

20 as applicable. If the Administrator denies the peti21 tion, the Administrator shall publish the reasons for 

22 such denial in the Federal Register. 

23 ‘‘(i) COORDINATION WITH OTHER FEDERAL AGEN24 CIES.—After the Administrator— 

25 ‘‘(1) requires testing of a substance, or 


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1 ‘‘(2) based in whole or in part on the results of 

2 testing, takes action related to a substance under 

3 section 1412(b) or 1445 or other appropriate statu4 tory authority, 

5 the Administrator shall give notice of such testing or ac6 tion to Federal agencies which are authorized by other 

7 provisions of law to regulate the substance or products, 

8 materials, medications, processes, or practices that use the 

9 substance. 

10 ‘‘(j) REPORTING REQUIREMENT.—Not later than 1 

11 year after the date of the enactment of the Endocrine 

12 Disruptor Screening Enhancement Act of 2010 and every 

13 3 years thereafter, the Administrator shall provide a re14 port to the Committee on Energy and Commerce of the 

15 House of Representatives and the Committee on Environ16 ment and Public Works of the Senate that describes— 

17 ‘‘(1) progress made in identifying, testing, and 

18 regulating endocrine disruptors as well as plans for 

19 future activities; 

20 ‘‘(2) any change in screening or testing method21 ology and evaluation or criteria for evaluating sci22 entifically relevant information; 

23 ‘‘(3) actions taken to ensure communication 

24 and sharing of scientific information with other Fed25 eral agencies and the public; and 


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1 ‘‘(4) any deviations from the plan or schedule 

2 published under subsection (b)(1)(B) as well as the 

3 reasons therefor. 

4 ‘‘(k) TESTING CONSORTIA, COMPENSATION, AND

5 COMPLIANCE.— 

6 ‘‘(1) IN GENERAL.—Any person required by the 

7 Administrator to conduct testing of an endocrine 

8 disruptor may— 

9 ‘‘(A) submit, on its own, data in response 

10 to an order for such testing; and 

11 ‘‘(B) form (on a voluntary basis) a consor12 tium in order to satisfy the requirements of one 

13 or more orders for such testing. 

14 ‘‘(2) RELIANCE ON CONSORTIUM SUBMIS15 SIONS.—Each member of a consortium described in 

16 paragraph (1)(B) shall have full rights to rely on all 

17 submissions of the consortium to satisfy the require18 ments of any order for testing, but continues to be 

19 individually subject to such requirements. 

20 ‘‘(3) SHARING OF COSTS.— 

21 ‘‘(A) IN GENERAL.—Each member of a 

22 consortium described in paragraph (1)(B) shall 

23 share the applicable costs according to appro24 priate arrangements established by the consor25 tium members. 


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1 ‘‘(B) BINDING OFFER.—Whenever, to sat2 isfy the requirements of one or more orders for 

3 testing, any person offers to form or join a con4 sortium described in paragraph (1)(B), or of5 fers compensation to a person that has already 

6 submitted data to the Administrator satisfying 

7 an order for testing, such offer shall constitute 

8 a binding offer to share an appropriate portion 

9 of the applicable costs. 

10 ‘‘(C) APPLICABLE COSTS.—In this sub11 section, the term ‘applicable costs’ includes the 

12 costs— 

13 ‘‘(i) incurred to generate and report 

14 information to comply with an order for 

15 testing; or 

16 ‘‘(ii) associated with the organization 

17 and administration of the consortium. 

18 ‘‘(4) DISPUTE RESOLUTION.— 

19 ‘‘(A) IN GENERAL.—In the event of any 

20 dispute about an appropriate share or a fair 

21 method of determining an appropriate share of 

22 applicable costs of the testing requirements in 

23 a test order, any person involved in the dispute 

24 may initiate binding arbitration proceedings by 

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1 tion Service to appoint an arbitrator from the 

2 roster of arbitrators maintained by such Service 

3 or a hearing with a regional office of the Amer4 ican Arbitration Association. A copy of the re5 quest shall be sent to each person from whom 

6 the requesting party seeks compensation or who 

7 seeks compensation from that party. 

8 ‘‘(B) NO REVIEW OF FINDINGS AND DE9 TERMINATION.—The findings and determina10 tion of the arbitrator in a dispute initiated pur11 suant to subparagraph (A) shall be final and 

12 conclusive, and no official or court of the 

13 United States shall have power or jurisdiction 

14 to review any such findings and determination, 

15 except in the case of fraud, misrepresentation, 

16 or other misconduct by one of the parties to the 

17 arbitration or by the arbitrator. 

18 ‘‘(C) PAYMENT OF FEE AND EXPENSES.— 

19 The parties to arbitration initiated pursuant to 

20 subparagraph (A) shall share equally in the 

21 payment of the fee and expenses of the arbi22 trator. 

23 ‘‘(5) ENFORCEMENT.—If the Administrator de24 termines that any person seeking to comply with an 

25 order for testing by relying on a submission made by 


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1 a consortium or an original data submitter has 

2 failed to make an offer in accordance with para3 graph (3)(B), to participate in an arbitration pro4 ceeding under paragraph (4), or to comply with the 

5 terms of an agreement or arbitration decision con6 cerning sharing of applicable costs under paragraph 

7 (3), that person is deemed to have failed to comply 

8 with an order under subparagraph (A) of section 

9 408(p)(5) of the Federal Food, Drug, and Cosmetic 

10 Act for purposes of subparagraphs (B) and (C) of 

11 such section. 

12 ‘‘(l) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘endocrine disruptor’ means an 

14 exogenous agent or mixture of agents that interferes 

15 or alters the synthesis, secretion, transport, metabo16 lism, binding action, or elimination of hormones that 

17 are present in the body and are responsible for ho18 meostasis, growth, neurological signaling, reproduc19 tion and developmental process, or any other effect 

20 that the Administrator has designated as an ‘endo21 crine effect’ pursuant to section 408(p)(1) of the 

22 Federal Food, Drug, and Cosmetic Act. 

23 ‘‘(2) The term ‘testing’ means the testing of a 

24 substance pursuant to the screening program under 

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1 metic Act, including a test of a substance that is in2 tended to identify substances that have the potential 

3 to interact with the endocrine system or that is in4 tended to determine the endocrine-related effects 

5 caused by such substance and obtain information 

6 about effects at various doses. 

7 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—To 

8 carry out this section, there is authorized to be appro9 priated $5,000,000 for each of fiscal years 2011 through 

10 2015.’’. 

Æ 


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