II 

109TH CONGRESS 

1ST SESSION S. 41 

To amend the Safe Drinking Water Act to exempt nonprofit small public 

water systems from certain drinking water standards relating to naturally 

occurring contaminants. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. NELSON of Nebraska (for himself, Mr. DOMENICI, and Mr. CRAIG) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Safe Drinking Water Act to exempt nonprofit 

small public water systems from certain drinking water 

standards relating to naturally occurring contaminants. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural Community Ar5 senic Relief Act’’. 
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1 SEC. 2. EXEMPTION FOR NONPROFIT SMALL PUBLIC 

2 WATER SYSTEMS FROM STANDARDS RELAT3 ING TO NATURALLY OCCURRING CONTAMI4 NANTS. 

5 The Safe Drinking Water Act is amended by insert6 ing after section 1416 (42 U.S.C. 300g–5) the following: 

7 ‘‘SEC. 1416A. EXEMPTION FOR NONPROFIT SMALL PUBLIC 

8 WATER SYSTEMS FROM STANDARDS RELAT9 ING TO NATURALLY OCCURRING CONTAMI10 NANTS. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) LOW-INCOME FAMILY.—The term ‘low-in13 come family’ means a family the total annual income 

14 of which does not exceed the poverty line. 

15 ‘‘(2) NATURALLY OCCURRING CONTAMINANT.— 

16 The term ‘naturally occurring contaminant’ in17 cludes— 

18 ‘‘(A) arsenic; 

19 ‘‘(B) radon; 

20 ‘‘(C) radium; and 

21 ‘‘(D) uranium. 

22 ‘‘(3) NONPROFIT SMALL PUBLIC WATER SYS23 TEM.—The term ‘nonprofit small public water sys24 tem’ means a nonprofit public water system (includ25 ing a local government) that serves 10,000 or fewer 

26 individuals. 
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1 ‘‘(4) POVERTY LINE.—The term ‘poverty line’ 

2 has the meaning given the term in section 673 of the 

3 Community Services Block Grant Act (42 U.S.C. 

4 9902). 

5 ‘‘(b) EXEMPTION.—A State exercising primary en6 forcement responsibility for public water systems under 

7 section 1413 (or the Administrator, with respect to any 

8 nonprimacy State) shall exempt any nonprofit small public 

9 water system that submits a request in accordance with 

10 subsection (c) from the requirements of any national pri11 mary drinking water regulation for a naturally occurring 

12 contaminant. 

13 ‘‘(c) APPLICATION.—To be eligible for an exemption 

14 from a national primary drinking water regulation under 

15 this section, a nonprofit small public water system shall 

16 submit a written application to the State exercising pri17 mary enforcement responsibility with respect to the system 

18 (or the Administrator, with respect to any nonprimacy 

19 State) demonstrating that compliance by the nonprofit 

20 small public water system with the national drinking water 

21 regulation— 

22 ‘‘(1) is not economically feasible; 

23 ‘‘(2) has a disproportionate and adverse impact 

24 on low-income families; 
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1 ‘‘(3) is substantially impeded by limited access 

2 of the nonprofit small public water system to innova3 tive and affordable technology; or 

4 ‘‘(4) is not necessary, based on the fact that 

5 drinking water provided by the nonprofit small pub6 lic water system does not pose an unreasonable 

7 health risk. 

8 ‘‘(d) ALTERNATIVE REQUIREMENT.—A nonprofit 

9 small public water system that receives an exemption for 

10 arsenic under this section shall comply with a standard 

11 of arsenic in drinking water provided by the nonprofit 

12 small public water system of— 

13 ‘‘(1) not later than January 1, 2007, not more 

14 than 50 parts per billion; 

15 ‘‘(2) not later than January 1, 2010, not more 

16 than 35 parts per billion; 

17 ‘‘(3) not later than January 1, 2012, not more 

18 than 30 parts per billion; 

19 ‘‘(4) not later than January 1, 2014, not more 

20 than 20 parts per billion; and 

21 ‘‘(5) not later than January 1, 2016, not more 

22 than 10 parts per billion.’’. 

23 SEC. 3. UNIVERSITY-BASED ARSENIC RESEARCH CONSOR24 TIUM. 

25 (a) DEFINITIONS.—In this section: 
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) CONSORTIUM.—The term ‘‘Consortium’’ 

5 means the university-based arsenic research consor6 tium established under subsection (b)(1). 

7 (b) CONSORTIUM.— 

8 (1) ESTABLISHMENT.—The Administrator shall 

9 establish a university-based arsenic research consor10 tium. 

11 (2) MEMBERSHIP.—The Consortium shall be 

12 comprised of the following members: 

13 (A) The University of Nebraska at Lin14 coln. 

15 (B) The University of Nebraska Medical 

16 Center. 

17 (C) The University of New Mexico. 

18 (D) The University of Texas. 

19 (E) Johns Hopkins University School of 

20 Public Health. 

21 (F) Georgetown University Medical School. 

22 (c) DUTIES OF THE CONSORTIUM.—The Consortium 

23 shall— 

24 (1) conduct reviews and analyses, and carry out 

25 health effects studies, using United States morbidity 
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1 data relating to low levels of arsenic commonly 

2 found in States; 

3 (2) assess studies on arsenic in drinking water, 

4 as adjusted by the Administrator, carried out in— 

5 (A) Millard County, Utah; 

6 (B) Inner Mongolia, China; and 

7 (C) southwest Taiwan; 

8 (3) develop recommendations on which levels of 

9 arsenic in drinking water constitute unreasonable 

10 risks to public health, and which levels should be 

11 considered to be protective of public health, under 

12 the Safe Drinking Water Act (42 U.S.C. 300f et 

13 seq.); and 

14 (4) conduct reviews and analyses of, and carry 

15 out health effects studies on, all forms of cancer, 

16 cardiovascular disease, diabetes, and vascular tox17 icity. 

18 (d) GRANT PROGRAM.— 

19 (1) IN GENERAL.—The Administrator may pro20 vide grants to the Consortium for use in carrying 

21 out the duties of the Consortium under subsection 

22 (c). 

23 (2) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 

25 this subsection $4,000,000 for fiscal year 2006. 
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1 (e) REPORT OF ADMINISTRATOR.—Not later than 1 

2 year after the date of enactment of this Act, and annually 

3 thereafter, the Administrator shall submit to Congress a 

4 report that describes the findings and recommendations 

5 of the Consortium for the year covered by the report. 

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