IB 

Union Calendar No. 297 

111TH CONGRESS 

2D SESSION H. R. 5320 

[Report No. 111–524] 

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 

JULY 1, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 18, 2010] 


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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. 


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

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

5 (a) SHORT TITLE.—This Act may be cited as the ‘‘As6 sistance, Quality, and Affordability Act of 2010’’. 

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

8 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. Requirements for use of American materials. 

Sec. 6. Data on variances, exemptions, and persistent violations. 

Sec. 7. Assistance for restructuring. 

Sec. 8. Priority and weight of applications. 

Sec. 9. Disadvantaged communities. 

Sec. 10. Administration of State loan funds. 

Sec. 11. State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands. 

Sec. 12. Authorization of appropriations. 

Sec. 13. Negotiation of contracts. 

Sec. 14. Affordability of new standards. 

Sec. 15. Focus on lifecycle costs. 

Sec. 16. Enforcement. 

Sec. 17. Reducing lead in drinking water. 

Sec. 18. Endocrine disruptor screening program. 

Sec. 19. Presence of pharmaceuticals and personal care products in sources of 

drinking water. 

Sec. 20. Electronic reporting of compliance monitoring data to the Administrator. 

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

10 whenever in this Act an amendment is expressed in terms 

11 of an amendment to a section or other provision, the ref12 erence shall be considered to be made to a section or other 

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

14 et seq.). 


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1 SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC WATER 

2 SYSTEMS. 

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

4 is amended to read as follows: 

5 ‘‘(e) TECHNICAL ASSISTANCE.— 

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

7 or through grants or cooperative agreements with 

8 nonprofit organizations, may provide technical assist9 ance to small public water systems to enable such sys10 tems to achieve and maintain compliance with appli11 cable national primary drinking water regulations. 

12 ‘‘(2) TYPES OF ASSISTANCE.—Technical assist13 ance under paragraph (1) may include onsite tech14 nical assistance and compliance assistance; circuit15 rider and multi-State regional technical assistance 

16 programs; training; assistance with implementing 

17 source water protection programs; assistance with in18 creasing water or energy efficiency; assistance with 

19 designing, installing, or operating sustainable energy 

20 infrastructure to produce or capture sustainable en21 ergy on site or through water transport; assistance 

22 with developing technical, financial, and managerial 

23 capacity; assistance with long-term infrastructure 

24 planning; assistance with applying for funds from a 

25 State loan fund under section 1452; and assistance 


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1 with implementation of monitoring plans, rules, regu2 lations, and water security enhancements. 

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

4 this subsection, the Administrator shall give priority 

5 to assistance that will promote compliance with na6 tional primary drinking water standards, public 

7 health protection, and long-term sustainability of 

8 small public water systems. In awarding grants and 

9 cooperative assistance under paragraph (1) to non10 profit organizations, the Administrator shall (subject 

11 to the preceding sentence) give greater weight to non12 profit organizations that, as determined by the Ad13 ministrator, are most qualified and most effective and 

14 that, as determined by the Administrator using infor15 mation where available, are providing the types of 

16 technical assistance that are preferred by small public 

17 water systems. 

18 ‘‘(4) COMPETITIVE PROCEDURES.—It is the pre19 sumption of Congress that any award of assistance 

20 under this subsection will be awarded using competi21 tive procedures based on merit. If assistance is 

22 awarded under this subsection using procedures other 

23 than competitive procedures, the Administrator shall 

24 submit to the Congress, within 90 days of the award 


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1 decision, a report explaining why competitive proce2 dures were not used. 

3 ‘‘(5) FUNDING.— 

4 ‘‘(A) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 to carry out this subsection $20,000,000 for each 

7 of fiscal years 2011 through 2015. 

8 ‘‘(B) PROHIBITION ON EARMARKS.—No 

9 funds made available under this subsection may 

10 be used to carry out a provision or report lan11 guage included primarily at the request of a 

12 Member, Delegate, Resident Commissioner, or 

13 Senator providing, authorizing, or recom14 mending a specific amount of discretionary 

15 budget authority, credit authority, or other 

16 spending authority for a contract, loan, loan 

17 guarantee, grant, loan authority, or other ex18 penditure with or to an entity, or targeted to a 

19 specific State, locality, or congressional district, 

20 other than through a statutory or administrative 

21 formula-driven or competitive award process. 

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

23 any State loan fund established under section 

24 1452 and no portion of any funds made availVerDate Mar 15 2010 21:12 Jul 02, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H5320.RH H5320

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1 able under this subsection may be used for lob2 bying expenses. 

3 ‘‘(D) INDIAN TRIBES.—Of the total amount 

4 made available under this section for each fiscal 

5 year, 3 percent shall be used for technical assist6 ance to public water systems owned or operated 

7 by Indian Tribes.’’. 

8 SEC. 3. PREVAILING WAGES. 

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

10 amended to read as follows: 

11 ‘‘(e) LABOR STANDARDS.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall take 

13 such action as the Administrator determines to be 

14 necessary to ensure that each laborer and mechanic 

15 employed by a contractor or subcontractor in connec16 tion with a construction project financed, in whole or 

17 in part, by a grant, loan, loan guarantee, refi18 nancing, or any other form of financial assistance 

19 provided under this title (including assistance pro20 vided by a State loan fund established under section 

21 1452) is paid wages at a rate of not less than the 

22 wages prevailing for the same type of work on similar 

23 construction in the immediate locality, as determined 

24 by the Secretary of Labor in accordance with subVerDate Mar 15 2010 21:12 Jul 02, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H5320.RH H5320

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1 chapter IV of chapter 31 of title 40, United States 

2 Code. 

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

4 With respect to the labor standards specified in this 

5 subsection, the Secretary of Labor shall have the au6 thority and functions established in Reorganization 

7 Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec8 tion 3145 of title 40, United States Code.’’. 

9 SEC. 4. USE OF FUNDS. 

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

11 amended— 

12 (1) by striking ‘‘Except as otherwise’’ and insert13 ing the following: 

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

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

16 section’’ and inserting the following: 

17 ‘‘(B) PERMISSIBLE EXPENDITURES.—Fi18 nancial assistance under this section’’; 

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

20 and inserting the following: 

21 ‘‘(D) CERTAIN LOANS.—Financial assist22 ance under this section may also be used’’; 

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

24 and inserting the following: 


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1 ‘‘(E) LIMITATION.—Financial assistance 

2 under this section shall not be used’’; 

3 (5) by striking ‘‘Of the amount credited’’ and in4 serting the following: 

5 ‘‘(F) SET-ASIDE.—Of the amount credited’’; 

6 (6) in subparagraph (B) (as designated by para7 graph (2)) by striking ‘‘(not’’ and inserting ‘‘(includ8 ing expenditures for planning, design, siting, and as9 sociated preconstruction activities, for replacing or re10 habilitating aging treatment, storage, or distribution 

11 facilities of public water systems, or for producing or 

12 capturing sustainable energy on site or through the 

13 transportation of water through the public water sys14 tem, but not’’; and 

15 (7) by inserting after such subparagraph (B) the 

16 following: 

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

18 revenue or general obligation bonds to provide 

19 all or part of the State contribution required by 

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

21 such bonds will be deposited into the State loan 

22 fund— 

23 ‘‘(i) financial assistance made avail24 able under this section may be used by the 


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1 State as security for payment of the prin2 cipal and interest on such bonds; and 

3 ‘‘(ii) interest earnings of the State loan 

4 fund may be used by the State as revenue 

5 for payment of the principal and interest 

6 on such bonds.’’. 

7 SEC. 5. REQUIREMENTS FOR USE OF AMERICAN MATE8 RIALS. 

9 Section 1452(a) (42 U.S.C. 300j-12(a)) is amended by 

10 adding at the end the following new paragraph: 

11 ‘‘(4) REQUIREMENTS FOR USE OF AMERICAN MA12 TERIALS.— 

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

14 other provision of law, none of the funds made 

15 available by a State loan fund as authorized 

16 under this section may be used for a project for 

17 the construction, alteration, maintenance, or re18 pair of a public water system unless the steel, 

19 iron, and manufactured goods used in such 

20 project are produced in the United States. 

21 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

22 shall not apply in any case in which the Admin23 istrator (in consultation with the Governor of the 

24 State) finds that— 


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1 ‘‘(i) applying subparagraph (A) would 

2 be inconsistent with the public interest; 

3 ‘‘(ii) steel, iron, and manufactured 

4 goods are not produced in the United States 

5 in sufficient and reasonably available quan6 tities and of a satisfactory quality; or 

7 ‘‘(iii) inclusion of steel, iron, and man8 ufactured goods produced in the United 

9 States will increase the cost of the overall 

10 project by more than 25 percent. 

11 ‘‘(C) PUBLIC NOTIFICATION AND WRITTEN

12 JUSTIFICATION FOR WAIVER.—If the Adminis13 trator determines that it is necessary to waive 

14 the application of subparagraph (A) based on a 

15 finding under subparagraph (B), the Adminis16 trator shall— 

17 ‘‘(i) not less than 15 days prior to 

18 waiving application of subparagraph (A), 

19 provide public notice and the opportunity 

20 to comment on the Administrator’s intent to 

21 issue such waiver; and 

22 ‘‘(ii) upon issuing such waiver, publish 

23 in the Federal Register a detailed written 

24 justification as to why the provision is 

25 being waived. 


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1 ‘‘(D) CONSISTENCY WITH INTERNATIONAL

2 AGREEMENTS.—This paragraph shall be applied 

3 in a manner consistent with United States obli4 gations under international agreements.’’. 

5 SEC. 6. DATA ON VARIANCES, EXEMPTIONS, AND PER6 SISTENT VIOLATIONS. 

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

8 amended— 

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

10 the end; 

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

12 at the end and inserting ‘‘; and’’; and 

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

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

15 State that have in effect an exemption or vari16 ance for any national primary drinking water 

17 regulation or that are in persistent violation of 

18 the requirements for any maximum contaminant 

19 level or treatment technique under a national 

20 primary drinking water regulation, including 

21 identification of— 

22 ‘‘(i) the national primary drinking 

23 water regulation in question for each such 

24 exemption, variance, or violation; and 


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

2 or variance came into effect or the violation 

3 began.’’. 

4 SEC. 7. ASSISTANCE FOR RESTRUCTURING. 

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

6 amended by adding at the end the following: 

7 ‘‘(17) RESTRUCTURING.—The term ‘restruc8 turing’ means changes in operations (including own9 ership, management, cooperative partnerships, joint 

10 purchasing arrangements, consolidation, and alter11 native water supply).’’. 

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

13 1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended by 

14 striking ‘‘changes in operations (including ownership, man15 agement, accounting, rates, maintenance, consolidation, al16 ternative water supply, or other procedures)’’ and inserting 

17 ‘‘restructuring’’. 

18 SEC. 8. PRIORITY AND WEIGHT OF APPLICATIONS. 

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

20 12(b)(3)) is amended— 

21 (1) in subparagraph (A)— 

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

23 end; 

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

25 the end and inserting ‘‘; and’’; and 


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

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

3 protect human health and comply with the 

4 requirements of this title affordably in the 

5 future.’’; 

6 (2) by redesignating subparagraph (B) as sub7 paragraph (D); 

8 (3) by inserting after subparagraph (A) the fol9 lowing: 

10 ‘‘(B) AFFORDABILITY OF NEW STAND11 ARDS.—For any year in which enforcement be12 gins for a new national primary drinking water 

13 standard, each State that has entered into a cap14 italization agreement pursuant to this section 

15 shall evaluate whether capital improvements re16 quired to meet the standard are affordable for 

17 disadvantaged communities in the State. If the 

18 State finds that such capital improvements do 

19 not meet affordability criteria for disadvantaged 

20 communities in the State, the State’s intended 

21 use plan shall provide that priority for the use 

22 of funds for such year be given to public water 

23 systems affected by the standard and serving dis24 advantaged communities. 


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

2 After determining priority under subparagraphs 

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

4 that the State will give greater weight to an ap5 plication for assistance if the application con6 tains— 

7 ‘‘(i) a description of measures under8 taken by the system to improve the manage9 ment and financial stability of the system, 

10 which may include— 

11 ‘‘(I) an inventory of assets, in12 cluding a description of the condition 

13 of the assets; 

14 ‘‘(II) a schedule for replacement of 

15 assets; 

16 ‘‘(III) an audit of water losses; 

17 ‘‘(IV) a financing plan that fac18 tors in all lifecycle costs indicating 

19 sources of revenue from ratepayers, 

20 grants, bonds, other loans, and other 

21 sources to meet the costs; and 

22 ‘‘(V) a review of options for re23 structuring; 


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1 ‘‘(ii) a demonstration of consistency 

2 with State, regional, and municipal water3 shed plans; 

4 ‘‘(iii) a water conservation plan con5 sistent with guidelines developed for such 

6 plans by the Administrator under section 

7 1455(a); and 

8 ‘‘(iv) a description of measures under9 taken by the system to improve the effi10 ciency of the system or reduce the system’s 

11 environmental impact, which may in12 clude— 

13 ‘‘(I) water efficiency or conserva14 tion, including the rehabilitation or re15 placement of existing leaking pipes; 

16 ‘‘(II) use of reclaimed water; 

17 ‘‘(III) actions to increase energy 

18 efficiency; 

19 ‘‘(IV) actions to generate or cap20 ture sustainable energy on site or 

21 through the transportation of water 

22 through the system; 

23 ‘‘(V) actions to protect source 

24 water; 


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1 ‘‘(VI) actions to mitigate or pre2 vent corrosion, including design, selec3 tion of materials, selection of coating, 

4 and cathodic protection; and 

5 ‘‘(VII) actions to reduce disinfec6 tion byproducts.’’; and 

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

8 paragraph (2)) by striking ‘‘periodically’’ and insert9 ing ‘‘at least biennially’’. 

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

11 amended— 

12 (1) by redesignating subsection (r) as subsection 

13 (s); and 

14 (2) by inserting after subsection (q) the fol15 lowing: 

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

17 may provide guidance and, as appropriate, tools, meth18 odologies, or computer software, to assist small systems in 

19 undertaking measures to improve the management, finan20 cial stability, and efficiency of the system or reduce the sys21 tem’s environmental impact.’’. 

22 SEC. 9. DISADVANTAGED COMMUNITIES. 

23 (a) ASSISTANCE TO INCREASE COMPLIANCE.—Section 

24 1452(b)(3) (42 U.S.C. 300j–12(b)(3)), as amended, is fur25 ther amended by adding at the end the following: 


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1 ‘‘(E) ASSISTANCE TO INCREASE COMPLI2 ANCE.—A State’s intended use plan shall provide 

3 that, of the funds received by the State through 

4 a capitalization grant under this section for a 

5 fiscal year, the State will, to the extent that there 

6 are sufficient eligible project applications, reserve 

7 not less than 6 percent to be spent on assistance 

8 under subsection (d) to public water systems in9 cluded in the State’s most recent list under para10 graph (2)(D).’’. 

11 (b) ASSISTANCE FOR DISADVANTAGED COMMU12 NITIES.—Section 1452(d) (42 U.S.C. 300j–12(d)) is amend13 ed— 

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

15 following: ‘‘Such additional subsidization shall di16 rectly and primarily benefit the disadvantaged com17 munity.’’; and 

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

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

20 (c) AFFORDABILITY CRITERIA.—Section 1452(d)(3) is 

21 amended by adding at the end: ‘‘Each State that has en22 tered into a capitalization agreement pursuant to this sec23 tion shall, in establishing affordability criteria, consider, 

24 solicit public comment on, and include as appropriate— 


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1 ‘‘(A) the methods or criteria that the State 

2 will use to identify disadvantaged communities; 

3 ‘‘(B) a description of the institutional, regu4 latory, financial, tax, or legal factors at the Fed5 eral, State, or local level that affect identified af6 fordability criteria; and 

7 ‘‘(C) a description of how the State will use 

8 the authorities and resources under this sub9 section to assist communities meeting the identi10 fied criteria.’’. 

11 SEC. 10. ADMINISTRATION OF STATE LOAN FUNDS. 

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

13 (1) in paragraph (2)— 

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

15 4 percent of the funds allotted to the State under 

16 this section’’ and inserting ‘‘, for each fiscal 

17 year, an amount that does not exceed the sum of 

18 the amount of any fees collected by the State for 

19 use in covering reasonable costs of administra20 tion of programs under this section, regardless of 

21 the source, and an amount equal to the greatest 

of $400,000, 1 22 ⁄5 of one percent of the current 

23 valuation of the State loan fund, or 6 percent of 

24 all grant awards to the State loan fund under 

25 this section for the fiscal year,’’; 


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1 (B) by striking ‘‘1419,’’ and all that follows 

2 through ‘‘1993.’’ and inserting ‘‘1419.’’; and 

3 (C) in the matter following subparagraph 

4 (D), by striking ‘‘2 percent’’ and inserting ‘‘4 

5 percent’’; and 

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

7 ‘‘(5) TRANSFER OF FUNDS.— 

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

9 State may— 

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

11 more than the lesser of— 

12 ‘‘(I) 33 percent of a capitalization 

13 grant made under this section; or 

14 ‘‘(II) 33 percent of a capitaliza15 tion grant made under section 601 of 

16 the Federal Water Pollution Control 

17 Act; and 

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

19 funds provided to the State under this sec20 tion or section 601 of the Federal Water 

21 Pollution Control Act. 

22 ‘‘(B) STATE MATCHING FUNDS.—Funds re23 served under this paragraph shall not be consid24 ered for purposes of calculating the amount of a 

25 State contribution required by subsection (e) of 


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1 this section or section 602(b) of the Federal 

2 Water Pollution Control Act.’’. 

3 SEC. 11. STATE REVOLVING LOAN FUNDS FOR AMERICAN 

4 SAMOA, NORTHERN MARIANA ISLANDS, 

5 GUAM, AND THE VIRGIN ISLANDS. 

6 Section 1452(j) (42 U.S.C. 300j–12(j)) is amended by 

7 striking ‘‘0.33 percent’’ and inserting ‘‘1 percent’’. 

8 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

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

10 amended to read as follows: 

11 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated to carry out this section— 

14 ‘‘(A) $1,400,000,000 for fiscal year 2011; 

15 ‘‘(B) $1,600,000,000 for fiscal year 2012; 

16 and 

17 ‘‘(C) $1,800,000,000 for fiscal year 2013. 

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

19 pursuant to this subsection shall remain available 

20 until expended. 

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

22 the amount made available under paragraph (1) to 

23 carry out this section for a fiscal year, the Adminis24 trator may reserve not more than $1,000,000 per year 


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1 to pay the costs of conducting needs surveys under 

2 subsection (h).’’. 

3 SEC. 13. NEGOTIATION OF CONTRACTS. 

4 Section 1452 (42 U.S.C. 300j–12), as amended, is fur5 ther amended by adding at the end the following: 

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

7 water systems serving communities with populations of 

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

9 using funds made available through a capitalization grant 

10 under this section for program management, construction 

11 management, feasibility studies, preliminary engineering, 

12 design, engineering, surveying, mapping, or architectural 

13 or related services shall be negotiated in the same manner 

14 as— 

15 ‘‘(1) a contract for architectural and engineering 

16 services is negotiated under chapter 11 of title 40, 

17 United States Code; or 

18 ‘‘(2) a contract subject to an equivalent State or 

19 local qualifications-based requirement (as determined 

20 by the Governor of the State).’’. 

21 SEC. 14. AFFORDABILITY OF NEW STANDARDS. 

22 (a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC

23 WATER SYSTEMS.—Clause (ii) of section 1412(b)(4)(E) (42 

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

25 the following: ‘‘If no technology, treatment technique, or 


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1 other means is included in a list under this subparagraph 

2 for a category of small public water systems, the Adminis3 trator shall periodically review the list and supplement it 

4 when new technology becomes available.’’. 

5 (b) ASSISTANCE FOR DISADVANTAGED COMMU6 NITIES.— 

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

8 1452(a)(1) (42 U.S.C. 300j–12(a)(1)) is amended— 

9 (A) by striking ‘‘except that the Adminis10 trator may reserve’’ and inserting ‘‘except that— 

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

12 of a new national primary drinking water 

13 standard begins, the Administrator may use 

14 the remaining amount to make grants to 

15 States whose public water systems are dis16 proportionately affected by the new stand17 ard for the provision of assistance under 

18 subsection (d) to such public water systems; 

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

20 and 

21 (B) by striking ‘‘and none of the funds real22 lotted’’ and inserting ‘‘; and 

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

24 (2) ELIMINATION OF CERTAIN PROVISIONS.— 


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

2 is amended by striking paragraph (15). 

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

4 amended by striking subsection (e). 

5 (3) CONFORMING AMENDMENT.—Subparagraph 

6 (B) of section 1414(c)(1) (42 U.S.C. 300g–3(c)(1)(B)) 

7 is amended by striking ‘‘(a)(2), or (e)’’ and inserting 

8 ‘‘or (a)(2)’’. 

9 SEC. 15. FOCUS ON LIFECYCLE COSTS. 

10 Section 1412(b)(4) (42 U.S.C. 300g–1(b)(4)) is amend11 ed— 

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

13 cost into consideration’’ and inserting ‘‘taking 

14 lifecycle costs, including maintenance, replacement, 

15 and avoided costs, into consideration’’; and 

16 (2) in the matter preceding subclause (I) in sub17 paragraph (E)(ii), by inserting ‘‘taking lifecycle costs, 

18 including maintenance, replacement, and avoided 

19 costs, into consideration,’’ after ‘‘as determined by the 

20 Administrator in consultation with the States,’’. 

21 SEC. 16. ENFORCEMENT. 

22 (a) ADVICE AND TECHNICAL ASSISTANCE.—Section 

23 1414 (42 U.S.C. 300g–3) is amended— 

24 (1) in the matter following clause (ii) in sub25 section (a)(1)(A), by striking ‘‘and provide such adVerDate Mar 15 2010 21:12 Jul 02, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H5320.RH H5320

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1 vice and technical assistance to such State and public 

2 water system as may be appropriate to bring the sys3 tem into compliance with the requirement by the ear4 liest feasible time’’; and 

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

6 following: 

7 ‘‘(C) At any time after providing notice of a violation 

8 to a State and public water system under subparagraph 

9 (A), the Administrator may provide such advice and tech10 nical assistance to such State and public water system as 

11 may be appropriate to bring the system into compliance 

12 with the requirement by the earliest feasible time. In decid13 ing whether the provision of advice or technical assistance 

14 is appropriate, the Administrator may consider the poten15 tial for the violation to result in serious adverse effects to 

16 human health, whether the violation has occurred continu17 ously or frequently, and the effectiveness of past technical 

18 assistance efforts.’’. 

19 (b) ADDITIONAL INSPECTIONS.— 

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

21 300g–3) is amended— 

22 (A) by redesignating subsections (d) through 

23 (i) as subsections (e) through (j), respectively; 

24 and 


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1 (B) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA4 TIONS.— 

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

6 regulation, and after consultation with the States, 

7 prescribe the number, frequency, and type of addi8 tional inspections to follow any violation requiring 

9 notice under subsection (c). Regulations under this 

10 subsection shall— 

11 ‘‘(A) take into account— 

12 ‘‘(i) differences between violations that 

13 are intermittent or infrequent and viola14 tions that are continuous or frequent; 

15 ‘‘(ii) the seriousness of any potential 

16 adverse health effects that may be involved; 

17 and 

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

19 violations by the public water system; and 

20 ‘‘(B) specify procedures for inspections fol21 lowing a violation by a public water system that 

22 has the potential to have serious adverse effects 

23 on human health as a result of short-term expo24 sure. 


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1 ‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI2 BILITY.—Nothing in this subsection shall be construed 

3 or applied to modify the requirements of section 

4 1413.’’. 

5 (2) CONFORMING AMENDMENTS.— 

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

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

8 amended by striking ‘‘subsection (g)’’ each place 

9 it appears and inserting ‘‘subsection (h)’’. 

10 (B) Section 1448(a) is amended by striking 

11 ‘‘1414(g)(3)(B)’’ and inserting ‘‘1414(h)(3)(B)’’. 

12 SEC. 17. REDUCING LEAD IN DRINKING WATER. 

13 (a) IN GENERAL.—Section 1417 (42 U.S.C. 300g–6) 

14 is amended— 

15 (1) by adding at the end of subsection (a) the fol16 lowing: 

17 ‘‘(4) EXEMPTIONS.—The prohibitions in para18 graphs (1) and (3) shall not apply to— 

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

20 or fixtures, including backflow preventers, that 

21 are used exclusively for nonpotable services such 

22 as manufacturing, industrial processing, irriga23 tion, outdoor watering, or any other uses where 

24 the water is not anticipated to be used for 

25 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 sec10 tion, 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 lead when used with respect to the 

16 wetted surfaces of pipes, pipe fittings, plumbing 

17 fittings, and fixtures. 

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

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

20 fixture shall be calculated by using the following for21 mula: For each wetted component, the percentage of 

22 lead in the component shall be multiplied by the ratio 

23 of the wetted surface area of that component to the 

24 total wetted surface area of the entire product to ar25 rive at the weighted percentage of lead of the compoVerDate Mar 15 2010 21:12 Jul 02, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H5320.RH H5320

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1 nent. The weighted percentage of lead of each wetted 

2 component shall be added together, and the sum of 

3 these weighted percentages shall constitute the weight4 ed average lead content of the product. The lead con5 tent of the material used to produce wetted compo6 nents shall be used to determine compliance with 

7 paragraph (1)(B). For lead content of materials that 

8 are provided as a range, the maximum content of the 

9 range shall be used.’’. 

10 (b) EFFECTIVE DATE.—The provisions of subsections 

11 (a)(4) and (d) of section 1417 of the Safe Drinking Water 

12 Act, as added by this section, apply beginning on the day 

13 that is 36 months after the date of the enactment of this 

14 Act. 

15 SEC. 18. ENDOCRINE DISRUPTOR SCREENING PROGRAM. 

16 Section 1457 (42 U.S.C. 300j–17) is amended to read 

17 as follows: 

18 ‘‘ENDOCRINE DISRUPTOR SCREENING PROGRAM

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

20 ‘‘(1) IN GENERAL.—In carrying out the screen21 ing program under section 408(p) of the Federal 

22 Food, Drug, and Cosmetic Act, the Administrator 

23 shall provide for the testing of substances described in 

24 paragraph (2) in addition to the substances described 

25 in section 408(p)(3) of such Act. 


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1 ‘‘(2) COVERED SUBSTANCES.—A substance is 

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

3 ‘‘(A) the substance may be found in sources 

4 of drinking water; and 

5 ‘‘(B) the Administrator determines that a 

6 substantial population may be exposed to such 

7 substance. 

8 ‘‘(3) SUBSTANCES ALREADY SUBJECT TO TEST9 ING.—Notwithstanding paragraph (2), a substance is 

10 not subject to testing pursuant to paragraph (1) if— 

11 ‘‘(A) the substance is already subject to 

12 evaluation determined by the Administrator to 

13 be equivalent to testing pursuant to paragraph 

14 (1); or 

15 ‘‘(B) the Administrator has already deter16 mined the effect of the substance on the endocrine 

17 system. 

18 ‘‘(4) SUBSTANCES DERIVED FROM DEGRADATION

19 OR METABOLISM OF ANOTHER SUBSTANCE.—If a sub20 stance subject to testing pursuant to paragraph (1) 

21 (in this paragraph referred to as the ‘covered sub22 stance’) is derived from the degradation or metabo23 lism of another substance, or is used in or generated 

24 by the manufacture of another substance, the Admin25 istrator shall provide for such testing of the covered 


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1 substance by the importer or manufacturer of the 

2 other substance. 

3 ‘‘(b) IDENTIFICATION AND TESTING OF ENDOCRINE

4 DISRUPTING SUBSTANCES THAT MAY BE IN DRINKING

5 WATER.— 

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

7 after the date of the enactment of the Assistance, 

8 Quality, and Affordability Act of 2010, after oppor9 tunity for comment, the Administrator shall pub10 lish— 

11 ‘‘(A) a list of no fewer than 100 substances 

12 for testing pursuant to subsection (a)(1) (in ac13 cordance with the schedule specified in para14 graph (3)); and 

15 ‘‘(B) a plan for the identification of addi16 tional substances for testing pursuant to sub17 section (a)(1), and a schedule for issuing test or18 ders for all such additional substances by not 

19 later than 10 years after the date of the enact20 ment of the Assistance, Quality, and Afford21 ability Act of 2010, with the goal of testing, at 

22 a minimum and consistent with subsection (a), 

23 all substances that have been placed on the 

24 Drinking Water Preliminary Contaminant CanVerDate Mar 15 2010 21:12 Jul 02, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H5320.RH H5320

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1 didate List published pursuant to section 

2 1412(b)(1)(B)(i). 

3 In publishing the plan and schedule required by sub4 paragraph (B), the Administrator shall obtain advice 

5 and direction from the Science Advisory Board. 

6 ‘‘(2) PRIORITIZATION; CONSIDERATIONS.—In se7 lecting substances for listing under paragraph (1)(A) 

8 or identification pursuant to the plan under para9 graph (1)(B), the Administrator— 

10 ‘‘(A) shall prioritize the selection of sub11 stances that pose the greatest public health con12 cern, using the best available science and taking 

13 into consideration (among other factors of public 

14 health concern) the effect of such substances on 

15 subgroups that comprise a meaningful portion of 

16 the general population (such as infants, children, 

17 pregnant women, the elderly, individuals with a 

18 history of serious illness, and other subpopula19 tions) that are identifiable as being at greater 

20 risk of adverse health effects due to exposure to 

21 substances in drinking water; and 

22 ‘‘(B) shall take into consideration— 

23 ‘‘(i) available information on the ex24 tent of potential public exposures to the sub25 stances through drinking water; and 


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1 ‘‘(ii) the Drinking Water Preliminary 

2 Contaminant Candidate List published pur3 suant to section 1412(b)(1)(B)(i). 

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

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

6 issue test orders for— 

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

8 end of each year during the 4-year period fol9 lowing the date of the enactment of the Assist10 ance, Quality, and Affordability Act of 2010; 

11 and 

12 ‘‘(B) all substances on the list by the end of 

13 such 4-year period. 

14 ‘‘(c) TESTING PROTOCOL PROCESS.— 

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

16 the date of the enactment of the Assistance, Quality, 

17 and Affordability Act of 2010, the Administrator 

18 shall, after opportunity for comment, and after ob19 taining advice and direction from the Science Advi20 sory Board, publish guidance on developing and up21 dating protocols for testing of possible endocrine 

22 disruptors that may be found in sources of drinking 

23 water. The guidance shall specify— 


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1 ‘‘(A) the manner in which the Adminis2 trator will evaluate and, where necessary, revise 

3 such protocols; 

4 ‘‘(B) the manner in which the Adminis5 trator will determine when testing of substances 

6 will be required; and 

7 ‘‘(C) the procedures by which other scientif8 ically relevant information can be used in lieu 

9 of some or all of the information that otherwise 

10 would be collected pursuant to testing under sec11 tion 408(p) of the Federal Food, Drug, and Cos12 metic Act. 

13 ‘‘(2) MINIMUM CONTENTS.—The procedures spec14 ified pursuant to paragraph (1)(C) shall ensure that 

15 the Administrator may use information that is pre16 pared or provided by any person (including a reg17 istrant, manufacturer, or importer of a substance for 

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

19 shall apply equally with respect to any such person. 

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

21 after opportunity for comment, and after obtaining 

22 advice and direction from the Science Advisory 

23 Board, amend any guidance published pursuant to 

24 this subsection. 


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

2 than 2 years after the date of the enactment of the Assist3 ance, Quality, and Affordability Act of 2010, the Adminis4 trator shall, after opportunity for comment, determine 

5 whether sufficient scientific information has been developed 

6 to warrant updating the screening protocols developed 

7 under section 408(p) of the Federal Food, Drug, and Cos8 metic Act for substances that may be found in sources of 

9 drinking water. Not later than 5 years after the date of 

10 the enactment of the Assistance, Quality, and Affordability 

11 Act of 2010 and every 3 years thereafter, the Administrator 

12 shall determine, consistent with the guidance published 

13 under subsection (c), whether to revise screening protocols 

14 under such section for substances that may be found in 

15 sources of drinking water based on significant improve16 ments in the sensitivity, accuracy, reliability, reproduc17 ibility, or efficiency of such protocols, or a reduction in the 

18 number of animals required to conduct such protocols. 

19 Whenever the Administrator revises such a protocol, the Ad20 ministrator shall also determine, after obtaining advice and 

21 direction from the Science Advisory Board, whether any 

22 substance that has already been subjected to testing should 

23 be tested using the revised protocol. 


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1 ‘‘(e) VALID SCIENTIFIC DATA.—Any testing protocols 

2 pursuant to this section shall be designed to produce sci3 entific results that are based on— 

4 ‘‘(1) verifiable measurements with sufficiently 

5 small error rates; 

6 ‘‘(2) well-controlled measurements whose inter7 pretation is not confounded by extraneous influences; 

8 and 

9 ‘‘(3) results that are repeatable by independent 

10 scientists. 

11 ‘‘(f) RESULTS OF TESTING.— 

12 ‘‘(1) PUBLICATION OF DATA EVALUATION

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

14 testing results for a substance that may be found in 

15 sources of drinking water, the Administrator shall 

16 prepare and, consistent with subsection (g), publish 

17 data evaluation records for such results in a publicly 

18 searchable database. 

19 ‘‘(2) ADMINISTRATIVE ACTION.—Not later than 6 

20 months after receipt of test results that determine the 

21 endocrine-related effects caused by a substance that 

22 may be found in sources of drinking water, the Ad23 ministrator shall— 


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1 ‘‘(A) determine whether to take action re2 lated to the substance pursuant to the agency’s 

3 statutory authority; and 

4 ‘‘(B) consistent with subsection (g), publish 

5 such determination in a publicly searchable 

6 database. 

7 Nothing in this section shall be construed to affect the 

8 Administrator’s authority to take action under other 

9 provisions of law. 

10 ‘‘(3) STRUCTURED EVALUATION FRAMEWORK.— 

11 To assess the overall weight of the evidence and rel12 evance to human health of results of testing for sub13 stances that may be found in sources of drinking 

14 water, the Administrator shall develop and use a 

15 structured evaluative framework consisting of science16 based criteria, consistent with the protection of public 

17 health, for systematically evaluating endocrine mode 

18 of action and for determining data relevance, quality, 

19 and reliability. 

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

21 180 days after the date of the enactment of the Assistance, 

22 Quality, and Affordability Act of 2010 and consistent with 

23 section 552 of title 5, United States Code, the Administrator 

24 shall publish, in electronic format, a publicly searchable 

25 database that contains information regarding the testing 


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1 program. Not later than 30 days after the date on which 

2 the information becomes available, the Administrator shall 

3 ensure that, at a minimum, the database— 

4 ‘‘(1) identifies the substances selected for testing 

5 under the program; and 

6 ‘‘(2) includes the documents and information 

7 pertaining to the status of testing activities for each 

8 such substance, including test orders, deadlines for 

9 submission, the Environmental Protection Agency’s 

10 data evaluation records, any scientific information on 

11 which the Administrator based actions under sub12 section (f), the Administrator’s determination under 

13 subsection (f) on whether action will be taken under 

14 other statutory authority, and the summary of chem15 ical test results. 

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

17 THE PROGRAM.— 

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

19 petition to the Administrator to add a substance to 

20 the list under subsection (b)(1)(A) or identify a sub21 stance pursuant to the plan under subsection 

22 (b)(1)(B). 

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

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


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1 claimed to establish that an action described in para2 graph (1) is warranted. 

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

4 90 days after the filing of a petition described under 

5 paragraph (1), the Administrator shall determine 

6 whether the petition has established that an action de7 scribed in paragraph (1) is warranted and shall 

8 grant or deny the petition. If the Administrator 

9 grants such petition, the Administrator shall prompt10 ly add the substance to the list under subsection 

11 (b)(1)(A) or identify the substance pursuant to the 

12 plan under subsection (b)(1)(B), as applicable. If the 

13 Administrator denies the petition, the Administrator 

14 shall publish the reasons for such denial in the Fed15 eral Register. 

16 ‘‘(i) COORDINATION WITH OTHER FEDERAL AGEN17 CIES.—After the Administrator— 

18 ‘‘(1) requires testing of a substance that may be 

19 found in sources of drinking water, or 

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

21 testing of such a substance, takes action related to the 

22 substance pursuant to the agency’s statutory author23 ity, 

24 the Administrator shall give notice of such testing or action 

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1 sions of law to regulate the substance or products, materials, 

2 medications, processes, or practices that use the substance. 

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

4 year after the date of the enactment of the Assistance, Qual5 ity, and Affordability Act of 2010 and every 3 years there6 after, the Administrator shall provide a report to the Com7 mittee on Energy and Commerce of the House of Represent8 atives and the Committee on Environment and Public 

9 Works of the Senate that describes— 

10 ‘‘(1) progress made in identifying and testing 

11 potential endocrine disruptors as well as plans for fu12 ture activities; 

13 ‘‘(2) any change in screening or testing method14 ology and evaluation or criteria for evaluating sci15 entifically relevant information; 

16 ‘‘(3) actions taken to ensure communication and 

17 sharing of scientific information with other Federal 

18 agencies and the public; and 

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

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

21 reasons therefor. 

22 ‘‘(k) TESTING CONSORTIA, COMPENSATION, AND COM23 PLIANCE.— 

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

25 Administrator to conduct testing of an endocrine 


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1 disruptor that may be found in sources of drinking 

2 water may— 

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

4 to an order for such testing; and 

5 ‘‘(B) form (on a voluntary basis) a consor6 tium in order to satisfy the requirements of one 

7 or more orders for such testing. 

8 ‘‘(2) RELIANCE ON CONSORTIUM SUBMISSIONS.— 

9 Each member of a consortium described in paragraph 

10 (1)(B) shall have full rights to rely on all submissions 

11 of the consortium to satisfy the requirements of any 

12 order for testing, but continues to be individually sub13 ject to such requirements. 

14 ‘‘(3) SHARING OF COSTS.— 

15 ‘‘(A) IN GENERAL.—Each member of a con16 sortium described in paragraph (1)(B) shall 

17 share the applicable costs according to appro18 priate arrangements established by the consor19 tium members. 

20 ‘‘(B) BINDING OFFER.—Whenever, to satisfy 

21 the requirements of one or more orders for test22 ing, any person offers to form or join a consor23 tium described in paragraph (1)(B), or offers 

24 compensation to a person that has already sub25 mitted data to the Administrator satisfying an 


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1 order for testing, such offer shall constitute a 

2 binding offer to share an appropriate portion of 

3 the applicable costs. 

4 ‘‘(C) APPLICABLE COSTS.—In this sub5 section, the term ‘applicable costs’ includes the 

6 costs— 

7 ‘‘(i) incurred to generate and report 

8 information to comply with an order for 

9 testing; or 

10 ‘‘(ii) associated with the organization 

11 and administration of the consortium. 

12 ‘‘(4) DISPUTE RESOLUTION.— 

13 ‘‘(A) IN GENERAL.—In the event of any dis14 pute about an appropriate share or a fair meth15 od of determining an appropriate share of appli16 cable costs of the testing requirements in a test 

17 order, any person involved in the dispute may 

18 initiate binding arbitration proceedings by re19 questing the Federal Mediation and Conciliation 

20 Service to appoint an arbitrator from the roster 

21 of arbitrators maintained by such Service or a 

22 hearing with a regional office of the American 

23 Arbitration Association. A copy of the request 

24 shall be sent to each person from whom the reVerDate Mar 15 2010 21:12 Jul 02, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H5320.RH H5320

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1 questing party seeks compensation or who seeks 

2 compensation from that party. 

3 ‘‘(B) NO REVIEW OF FINDINGS AND DETER4 MINATION.—The findings and determination of 

5 the arbitrator in a dispute initiated pursuant to 

6 subparagraph (A) shall be final and conclusive, 

7 and no official or court of the United States 

8 shall have power or jurisdiction to review any 

9 such findings and determination, except in the 

10 case of fraud, misrepresentation, or other mis11 conduct by one of the parties to the arbitration 

12 or by the arbitrator. 

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

14 The parties to arbitration initiated pursuant to 

15 subparagraph (A) shall share equally in the pay16 ment of the fee and expenses of the arbitrator. 

17 ‘‘(5) ENFORCEMENT.—If the Administrator de18 termines that any person seeking to comply with an 

19 order for testing by relying on a submission made by 

20 a consortium or an original data submitter has failed 

21 to make an offer in accordance with paragraph 

22 (3)(B), to participate in an arbitration proceeding 

23 under paragraph (4), or to comply with the terms of 

24 an agreement or arbitration decision concerning shar25 ing of applicable costs under paragraph (3), that perVerDate Mar 15 2010 21:12 Jul 02, 2010 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H5320.RH H5320

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1 son is deemed to have failed to comply with an order 

2 under subparagraph (A) of section 408(p)(5) of the 

3 Federal Food, Drug, and Cosmetic Act for purposes of 

4 subparagraphs (B) and (C) of such section. 

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

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

7 exogenous agent or mixture of agents that interferes 

8 or alters the synthesis, secretion, transport, metabo9 lism, binding action, or elimination of hormones that 

10 are present in the body and are responsible for homeo11 stasis, growth, neurological signaling, reproduction 

12 and developmental process, or any other effect that the 

13 Administrator has designated as an ‘endocrine effect’ 

14 pursuant to section 408(p)(1) of the Federal Food, 

15 Drug, and Cosmetic Act. 

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

17 substance pursuant to the screening program under 

18 section 408(p) of the Federal Food, Drug, and Cos19 metic Act, including a test of a substance that is in20 tended to identify substances that have the potential 

21 to interact with the endocrine system or that is in22 tended to determine the endocrine-related effects 

23 caused by such substance and obtain information 

24 about effects at various doses. 


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

2 carry out this section, there is authorized to be appropriated 

3 $5,000,000 for each of fiscal years 2011 through 2015.’’. 

4 SEC. 19. PRESENCE OF PHARMACEUTICALS AND PERSONAL 

5 CARE PRODUCTS IN SOURCES OF DRINKING 

6 WATER. 

7 Subsection (a) of section 1442 (42 U.S.C. 300j–1) is 

8 amended by adding at the end the following: 

9 ‘‘(11) PRESENCE OF PHARMACEUTICALS AND PER10 SONAL CARE PRODUCTS IN SOURCES OF DRINKING

11 WATER.— 

12 ‘‘(A) STUDY.—The Administrator shall carry out 

13 a study on the presence of pharmaceuticals and per14 sonal care products in sources of drinking water, 

15 which shall— 

16 ‘‘(i) identify pharmaceuticals and personal 

17 care products that have been detected in sources 

18 of drinking water and the levels at which such 

19 pharmaceuticals and personal care products have 

20 been detected; 

21 ‘‘(ii) identify the sources of pharmaceuticals 

22 and personal care products in sources of drink23 ing water, including point sources and nonpoint 

24 sources of pharmaceutical and personal care 

25 products; 


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1 ‘‘(iii) identify the effects of such products on 

2 humans, the environment, and the safety of 

3 drinking water; and 

4 ‘‘(iv) identify methods to control, limit, 

5 treat, or prevent the presence of such products. 

6 ‘‘(B) CONSULTATION.—The Administrator shall 

7 conduct the study described in subparagraph (A) in 

8 consultation with the Secretary of Health and 

9 Human Services (acting through the Commissioner of 

10 Food and Drugs), the Director of the United States 

11 Geological Survey, the heads of other appropriate 

12 Federal agencies (including the National Institute of 

13 Environmental Health Sciences), and other interested 

14 stakeholders (including manufacturers of pharma15 ceuticals and personal care products and consumer 

16 groups and advocates). 

17 ‘‘(C) REPORT.—Not later than 2 years after the 

18 date of the enactment of this paragraph, the Adminis19 trator shall submit to the Congress a report on the re20 sults of the study carried out under this paragraph. 

21 ‘‘(D) DEFINITIONS.—In this paragraph: 

22 ‘‘(i) The term ‘personal care product’ has 

23 the meaning given the term ‘cosmetic’ in section 

24 201 of the Federal Food, Drug, and Cosmetic 

25 Act. 


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1 ‘‘(ii) The term ‘pharmaceutical’ has the 

2 meaning given the term ‘drug’ in section 201 of 

3 the Federal Food, Drug, and Cosmetic Act.’’. 

4 SEC. 20. ELECTRONIC REPORTING OF COMPLIANCE MONI5 TORING DATA TO THE ADMINISTRATOR. 

6 (a) REQUIREMENT.—Section 1414 (42 U.S.C. 300g-3), 

7 as amended, is further amended by adding at the end the 

8 following: 

9 ‘‘(k) ELECTRONIC REPORTING OF COMPLIANCE MONI10 TORING DATA TO THE ADMINISTRATOR.—The Adminis11 trator shall by rule establish requirements for— 

12 ‘‘(1) electronic submission by public water sys13 tems of all compliance monitoring data— 

14 ‘‘(A) to the Administrator; or 

15 ‘‘(B) with respect to public water systems in 

16 a State which has primary enforcement responsi17 bility under section 1413, to such State; and 

18 ‘‘(2) electronic submission to the Administrator 

19 by each State which has primary enforcement respon20 sibility under section 1413 of all compliance moni21 toring data submitted to such State by public water 

22 systems pursuant to paragraph (1)(B).’’. 

23 (b) FINAL RULE.—Not later than 12 months after the 

24 date of the enactment of this Act, the Administrator of the 

25 Environmental Protection Agency shall issue a final rule 


sroberts on DSKD5P82C1PROD with BILLS
48 

•HR 5320 RH

1 to carry out section 1414(k) of the Safe Drinking Water 

2 Act, as added by subsection (a). 


sroberts on DSKD5P82C1PROD with BILLS

sroberts on DSKD5P82C1PROD with BILLS
Union Calendar No. 297 

111TH CONGRESS 

2D SESSION H. R. 5320 

[Report No. 111–524] 

A BILL 

To amend the Safe Drinking Water Act to increase 

screening program; and for other purposes. water; to strengthen the endocrine disruptor ments of the Act; to reduce lead in drinking tection Agency’s ability to enforce the requiresystems; to strengthen the Environmental Pronancial and environmental management of water advantaged communities; to encourage good fiassistance for States, water systems, and disJULY 1, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sroberts on DSKD5P82C1PROD with BILLS