I

103D CONGRESS

1ST SESSION H. R. 2344

To amend title XIV of the Public Health Service Act (the ‘‘Safe Drinking

Water Act’’) to redirect and extend Federal and State activities to

protect public water supplies in the United States, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1993

Mr. WALSH introduced the following bill; which was referred to the Committee

on Energy and Commerce

A BILL

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

‘‘Safe Drinking Water Act’’) to redirect and extend Federal and State activities to protect public water supplies

in the United States, and for other purposes.

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

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

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

6 ‘‘Water Supply Protection Act of 1993’’.

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

8 this Act is as follows:
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Sec. 1. Short title; table of contents; references.

Sec. 2. Findings.

TITLE I—DEFINITIONS

Sec. 101. Definitions.

TITLE II—PUBLIC WATER SYSTEMS

Sec. 201. National primary drinking water regulations.

Sec. 202. Water supply protection programs.

Sec. 203. Implementation amendments.

TITLE III—PROTECTION OF UNDERGROUND SOURCE OF

DRINKING WATER

Sec. 301. State programs to establish wellhead protection areas.

TITLE IV—GENERAL PROVISIONS

Sec. 401. Research, technical assistance, information, training of personnel.

Sec. 402. Grants for State programs.

Sec. 403. Records and inspections.

Sec. 404. Authorization of appropriations.

1 (c) REFERENCES TO THE PUBLIC HEALTH SERVICE

2 ACT.—Wherever in this Act an amendment or repeal is

3 expressed in terms of an amendment to, or repeal of, a

4 section or other provision, the reference shall be consid5 ered to be made to a section or other provision of the

6 Public Health Service Act (42 U.S.C. 201 et seq.).

7 SEC. 2. FINDINGS.

8 Congress finds that—

9 (1)(A) according to the Forum on Environ10 mental Management of the Environmental Protec11 tion Agency, the basic problems that motivated pas12 sage of title XIV of the Public Health Service Act

13 (commonly known as the Safe Drinking Water Act)

14 (42 U.S.C. 300f et seq.) as described in House Re15 port No. 93–1185 (ordered to be printed on July 10,
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1 1974, 93d Congress, 2d Session) have been substan2 tially addressed, and it is time for the trans3 formation of the drinking water program into a rou4 tine Federal and State function that ensures—

5 (i) the continued supervision of public

6 water systems; and

7 (ii) the issuance of additional regulations

8 to address the discovery of any meaningful

9 threat to public health;

10 (B) the number of public water systems under

11 direct supervision has grown from 25,000 to

12 220,000;

13 (C) the number of drinking water standards

14 promulgated under title XIV of the Public Health

15 Service Act (commonly known as the ‘‘Safe Drinking

16 Water Act’’) has grown from 11 to 84;

17 (D) the number of States adopting the Federal

18 standards under such title has grown from 14 to 48;

19 (E) despite a more than three-fold growth in

20 the number of regulated public water systems of

21 communities—

22 (i) the percentage of public water systems

23 of communities in full compliance with the bac24 teriological monitoring requirements of such

25 title has grown from 15 percent to 83 percent
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1 (97 percent if compliance within 3 months of

2 violation notification is included);

3 (ii) full compliance with the bacteriological

4 standard under such title is over 91 percent;

5 (iii) full compliance with chemical monitor6 ing requirements under such title has grown

7 from 10 percent to over 95 percent; and

8 (iv) full compliance with chemical stand9 ards promulgated under such title is over 99

10 percent;

11 (F) the number of health advisory documents

12 relating to such title has grown from 15 to over 100;

13 and

14 (G) State program budgets relating to such title

15 have grown from $27,000,000 to over $81,000,000

16 in State funds and to $58,900,000 in Federal

17 grants;

18 (2) the Federal water supply protection author19 ity in existence on the date of enactment of this Act

20 does not provide for redirection of program activities

21 upon recognition of program maturation;

22 (3)(A) the concept of relative risk management

23 has been significantly expanded during the last

24 decade; and
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1 (B) the ability of the scientific community to

2 define and rank risks has grown to a point where

3 local, State, and Federal decisions on how to target

4 limited health protection resources could be based on

5 risk management priorities;

6 (4) the Federal water supply authority in exist7 ence on the date of enactment of this Act does not—

8 (A) authorize reliance on risk management

9 principles in the development of Federal re10 quirements;

11 (B) encourage integration of the water

12 supply protection program with other local,

13 State, and Federal health initiatives;

14 (C) authorize regulatory discretion if quan15 tifiable risks in public water supplies fall well

16 below natural background risks or are de

17 minimis in nature; and

18 (D) allow direct local and citizen risk man19 agement decisionmaking for small risks, espe20 cially those with large cost consequences;

21 (5)(A) the state-of-the-art of pollution preven22 tion and protection of water sources has grown sub23 stantially during the last decade;

24 (B) 38 States have adopted wellhead protection

25 programs;
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1 (C) the scientific methods needed to support ge2 ographic and locational pollution prevention activi3 ties are available to permit significant expansion of

4 pollution prevention as a primary means to protect

5 water supply sources; and

6 (D) Federal water supply authority in existence

7 on the date of enactment of this Act does not—

8 (i) authorize the exploitation of the meth9 ods referred to in subparagraph (C) or the re10 placement of regulatory approaches with more

11 effective and lower cost local and State water

12 supply protection practices; and

13 (ii) require the integration of water supply

14 protection activities among Federal agencies;

15 (6)(A) growth in the development and approval

16 of low-cost small flow water treatment equipment

17 during the 20-year period preceding the date of en18 actment of this Act has made high quality water

19 treatment achievable by even the smallest public

20 water systems; and

21 (B) the Federal water protection authority in

22 existence on the date of enactment of this Act does

23 not—

24 (i) encourage the development and use of

25 these technologies, or
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1 (ii) permit Federal, State, and local gov2 ernments to apply cost-efficient mixes of water

3 treatment techniques to comply with Federal

4 requirements;

5 (7)(A) the growth in sophistication and cov6 erage of analytical water chemistry has resulted in

7 the commercial capability to measure the presence

8 and concentration of trace amounts of hundreds of

9 natural and man-made materials in drinking water;

10 (B) the annual household cost of monitoring re11 quirements in effect on the date of enactment of this

12 Act in small public water systems is greater than the

13 cost of delivering the water in the systems; and

14 (C) the Federal water supply authority in exist15 ence on the date of enactment of this Act does not

16 provide direction concerning methods to balance the

17 use of these high-cost analytical techniques against

18 the need for information concerning the status of

19 risks to water supplies;

20 (8)(A) to fully implement the regulatory pro21 gram in existence on the date of enactment of this

22 Act, the amount of financial resources needed by the

23 States is twice the amount available on the date of

24 enactment of this Act;
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1 (B) the shortfall referred to in subparagraph

2 (A) is expected to grow to 3 times the level that is

3 fundable for the fiscal year 1997; and

4 (C) a comparison of remaining unaddressed

5 water supply risks with risks that could be prevented

6 by other State funded health programs, such as the

7 medicaid program under title XIX of the Social Se8 curity Act (42 U.S.C. 1396 et seq.), suggest that in9 vestment in water supply at the cost of other health

10 care programs is justified only in a minority of

11 cases; and

12 (9)(A) State representatives have strongly sup13 ported changes to the authorities in existence on the

14 date of enactment of this Act that would allow a

15 greater degree of flexibility to the States in selecting

16 and funding State health protection priorities; and

17 (B) the authority in existence on the date of en18 actment of this Act provides inadequate discretion to

19 the Administrator of the Environmental Protection

20 Agency for evaluating proposed State water supply

21 protection implementation plans, as required for the

22 maintenance of primary enforcement authority and

23 receipt of Federal grants.
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1 TITLE I—DEFINITIONS

2 SEC. 101. DEFINITIONS.

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

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

5 following new paragraph:

6 ‘‘(1) The term ‘primary drinking water regula7 tion’ means a regulation that meets the following re8 quirements:

9 ‘‘(A) The regulation applies to public water

10 systems.

11 ‘‘(B) The regulation specifies a contami12 nant (or group of contaminants) in any form

13 that is reasonably expected to be found in fin14 ished water that the Administrator, using real15 istic assumptions about human consumption,

16 determines would pose an unacceptable risk to

17 public health or welfare.

18 ‘‘(C)(i) The regulation specifies, for each

19 contaminant, group of contaminants, or rep20 resentative indicator contaminant, one or more

21 of the requirements described in clause (ii) that

22 the Administrator determines is likely to afford

23 the most cost-effective means of protecting the

24 public from unacceptable risks to human health.
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1 ‘‘(ii) The requirements described in this

2 clause are—

3 ‘‘(I) a maximum contaminant level;

4 ‘‘(II) a drinking water treatment re5 quirement; and

6 ‘‘(III) a drinking water source protec7 tion requirement.

8 ‘‘(D) The regulation contains criteria and

9 procedures to ensure a supply of drinking water

10 that complies with each applicable maximum

11 contaminant level or requirement at reasonable

12 cost, including—

13 ‘‘(i) a vulnerability assessment (if ap14 propriate);

15 ‘‘(ii) procedural and analytical quality

16 control; and

17 ‘‘(iii) testing and recordkeeping proce18 dures,

19 to ensure compliance with and targeting of the

20 requirements, and operation and maintenance

21 of the public water system.’’;

22 (2) in paragraph (3), by striking ‘‘which is de23 livered’’ and all that follows through the end of the

24 paragraph and inserting ‘‘that is delivered to the

25 service line of any user of a public water system.’’;
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1 (3) in paragraph (6), by inserting before the pe2 riod the following: ‘‘of public health or welfare con3 cern’’; and

4 (4) by adding at the end the following new

5 paragraphs:

6 ‘‘(15) The term ‘drinking water source protec7 tion requirement’ means a set of criteria to assess

8 the adequacy of proposed control and management

9 activities that—

10 ‘‘(A) may be used in lieu of, or in conjunc11 tion with, a drinking water treatment require12 ment; and

13 ‘‘(B) will sufficiently ensure the protection

14 of drinking water sources so that finished water

15 does not pose an unacceptable risk to human

16 health.

17 ‘‘(16) The term ‘drinking water treatment re18 quirement’ means a requirement under a regulation

19 promulgated by the Administrator under this title

20 that specifies the use of water treatment equipment.

21 The term may include any point-of-use or point-of22 entry application that the Administrator determines

23 to produce water for consumption and normal der24 mal contact that does not pose an unacceptable risk

25 to public health and welfare.
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1 ‘‘(17) The term ‘individual lifetime risk’ means

2 the maximum expected likelihood estimate of risk to

3 an individual, based on appropriate toxicological

4 studies and realistic human consumption and expo5 sure assumptions.

6 ‘‘(18) The term ‘representative indicator con7 taminant’ means a contaminant—

8 ‘‘(A) that indicates the presence of a group

9 of contaminants; and

10 ‘‘(B) with respect to which the removal

11 from water would signal a similar level of re12 moval of the other contaminants in the group.

13 ‘‘(19) The term ‘vulnerability assessment’

14 means a reasonable and accurate assessment of the

15 vulnerability of a public water system to contamina16 tion.’’.

17 TITLE II—PUBLIC WATER

18 SYSTEMS

19 SEC. 201. NATIONAL PRIMARY DRINKING WATER REGULA20 TIONS.

21 Title XIV is amended by inserting after section 1411

22 (42 U.S.C. 300g) the following new section:
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1 ‘‘SEC. 1411A. NATIONAL PRIMARY DRINKING WATER REGU2 LATIONS.

3 ‘‘(a) IN GENERAL.—If the Administrator determines

4 that a contaminant (or group of contaminants) is known,

5 or reasonably anticipated, to occur in drinking water or

6 a source of drinking water at a level that would, on the

7 basis of a reasonable assumption concerning human water

8 consumption and use (in any form), poses an unacceptable

9 risk to public health or welfare (as defined in subsection

10 (b)), the Administrator shall promulgate national primary

11 drinking water regulations consisting of one, or a com12 bination of the following requirements, as determined

13 under subsection (e):

14 ‘‘(1) Maximum contaminant levels.

15 ‘‘(2) Drinking water treatment requirements.

16 ‘‘(3) Drinking water source protection require17 ments.

18 ‘‘(b) ASSESSMENT OF RISK TO HUMAN HEALTH.—

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

20 determine that a contaminant (or group of contami21 nants) poses an unacceptable risk to public health or

22 welfare if the Administrator determines that one or

23 more of the following conditions exist:

24 ‘‘(A) The exposure to the contaminant (or

25 group of contaminants), as determined on the

26 basis of reasonable exposure assumptions ad-
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1 justed (if appropriate) to reflect local or re2 gional patterns of behavior, would reasonably be

3 expected to result in a waterborne disease, clini4 cal degradation of human health, or a signifi5 cant probability of chronic health risk in the

6 public served by the public water system.

7 ‘‘(B) Risks posed by the contaminant are

8 no less than natural background risks.

9 ‘‘(C) The exposure poses a chronic risk

10 that is not a de minimus risk (as determined

11 under paragraph (2)).

12 ‘‘(2) DETERMINATION OF DE MINIMUS RISK.—

13 As used in paragraph (1)(C), a chronic risk shall not

14 be determined to be a de minimus risk if at least 1

15 case of clinical health degradation would be expected

16 to arise in the population served by an affected pub17 lic water system over the 80-year period following

18 the date of determination of the risk as a result of

19 exposure to the combined exposure to all contami20 nants regulated under this title that are known to

21 pose a chronic threat to human health (referred to

22 in this section as ‘chronic contaminants’) found in

23 the water of the public water system.

24 ‘‘(c) STANDARD.—
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1 ‘‘(1) IN GENERAL.—Each maximum contami2 nant level referred to in subsection (a)(1) shall in3 corporate a reasonable margin of safety, and shall

4 take into account—

5 ‘‘(A) the significance of ambient exposures

6 from drinking water in light of natural back7 ground risks to health and other exposures to

8 the contaminants; and

9 ‘‘(B) the incremental cost of risk-reduction

10 in comparison to other health and medical ex11 penditures of equal or greater national and

12 local significance to health care that the Admin13 istrator determines to be reasonably expected.

14 ‘‘(2) REASONABLE MARGIN OF SAFETY.—For

15 the purposes of this subsection, a reasonable margin

16 of safety shall be—

17 ‘‘(A) for a risk exhibiting a threshold ef18 fect, approximately one-tenth the level at which

19 there is no observable adverse effect on the

20 most sensitive human population (as defined

21 and determined by the Administrator);

22 ‘‘(B) for a case in which a level referred to

23 in subparagraph (A) is not available, a safety

24 factor of approximately 100; and
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1 ‘‘(C) fully incorporated in any determina2 tion under this subsection for a contaminant

3 that the Administrator does not expect the ex4 pected to exhibit a threshold effect, if the

5 standard is established at a level of an individ6 ual lifetime risk of approximately 1 in 10,000.

7 ‘‘(3) DE MINIMUS RISKS.—A maximum con8 taminant level referred to subsection (a) shall only

9 apply to a public water system with respect to which

10 at least 1 case of clinical health degradation occurs

11 during the 80-year period beginning on the date of

12 the promulgation of the maximum contaminant level

13 in the public served by the system as a result of ex14 posure to the combined exposure to all contaminants

15 regulated under this title that are known to pose a

16 chronic threat to human health (referred to in this

17 section as ‘chronic contaminants’) found in the

18 water of the public water system.

19 ‘‘(d) VULNERABILITY ASSESSMENT.—

20 ‘‘(1) ASSESSMENT.—Each primary drinking

21 water regulation promulgated pursuant to subsection

22 (a) that—

23 ‘‘(A) includes a standard for a chronic con24 taminant; or
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1 ‘‘(B) requires the application of treatment

2 or source protection,

3 may include requirements for a vulnerability assess4 ment.

5 ‘‘(2) DRINKING WATER REQUIREMENTS LINKED

6 TO ASSESSMENT.—Each drinking water requirement

7 under the national primary drinking water regula8 tions promulgated under subsection (a) shall take

9 into account a realistic estimation of the vulner10 ability of a public water system to each contaminant

11 that is the subject of the requirement.

12 ‘‘(3) CLASSES OF PUBLIC WATER SYSTEMS VUL13 NERABLE TO RISKS.—The Administrator may de14 clare a class of public water systems vulnerable to

15 risks. The Administrator shall delegate to each State

16 with primary enforcement authority under this title

17 the authority to determine whether a specific public

18 water system is vulnerable in a case in which site19 by-site judgment is required, or in a case in which

20 site-specific or State-specific conditions exclude the

21 public water system from the class.

22 ‘‘(e) TECHNOLOGY.—

23 ‘‘(1) IN GENERAL.—The national primary

24 drinking water regulations promulgated pursuant to

25 subsection (a) shall be based on the use of the best
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1 technology, treatment techniques, and other means

2 that the Administrator determines to be available

3 after examining the technology, treatment technique,

4 or other means for efficacy under field conditions

5 and not solely under laboratory conditions.

6 ‘‘(2) APPLICATION OF DRINKING WATER

7 TREATMENT REQUIREMENTS AND SOURCE PROTEC8 TION.—The Administrator shall require application

9 of a treatment requirement and source protection re10 quirement promulgated pursuant to paragraphs (2)

11 and (3), respectively, of subsection (a) and subject

12 to variances and exemptions, if—

13 ‘‘(A) the application of the best available

14 water treatment technology cannot reduce am15 bient levels of a contaminant that are rep16 resentative of the ambient levels of the contami17 nant in public water systems to the maximum

18 contaminant level that would otherwise be pro19 mulgated for the contaminant pursuant to sub20 section (a)(1); or

21 ‘‘(B) commercially available water quality

22 analytical methods are not capable of reliable

23 quantification at the maximum contaminant

24 level that would otherwise be promulgated at
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1 reasonable costs to consumers in all sizes of

2 public water systems.

3 ‘‘(f) INCREMENTAL NET BENEFITS.—

4 ‘‘(1) ANALYSIS.—

5 ‘‘(A) IN GENERAL.—In promulgating a

6 regulation pursuant to subsection (a), the Ad7 ministrator shall—

8 ‘‘(i) examine the marginal or incre9 mental net benefits of proposed and final

10 regulatory alternatives; and

11 ‘‘(ii) include information on the analy12 sis in a preamble that shall be included

13 with each proposed regulation and final

14 regulation.

15 ‘‘(B) REQUIREMENTS FOR ANALYSIS.—The

16 analysis referred to in subparagraph (A) shall

17 be conducted at—

18 ‘‘(i) the national level; and

19 ‘‘(ii) for model public water systems

20 that are representative of the full range of

21 sizes of public water systems.

22 ‘‘(2) VARIANCES AND EXEMPTIONS.—

23 ‘‘(A) VARIANCES.—The Administrator

24 shall include in the national primary drinking

25 water regulations promulgated under subsection
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1 (a) criteria for use by a primary enforcement

2 agency to grant a routine variance to a public

3 water system, as authorized by section 1415.

4 ‘‘(B) APPLICATION OF CRITERIA.—The cri5 teria referred to in subparagraph (A) may be

6 used in a case in which—

7 ‘‘(i) the level of the individual lifetime

8 risk with respect to a contaminant exceeds

9 the applicable maximum containment level,

10 but remains less than 1 in 1,000; and

11 ‘‘(ii) for any exemption issued under

12 section 1416, the marginal or incremental

13 cost to a public water system subject to the

14 exemption is significantly greater than the

15 sum of the marginal or incremental benefit

16 to the consumers served by the public

17 water system.

18 ‘‘(C) EXEMPTIONS.—The Administrator

19 shall include in the national primary drinking

20 water regulations promulgated under subsection

21 (a) criteria for use by a primary enforcement

22 agency to grant a routine exemption to a public

23 water system, as authorized by section 1416 in

24 a case described in subparagraph (B)(ii). The

25 Administrator shall include criteria necessary to
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1 determine whether the public water system can

2 reasonably be expected to comply with the

3 drinking water regulation, taking into consider4 ation—

5 ‘‘(i) financial and economic conditions;

6 or

7 ‘‘(ii) risk-management priorities and

8 inefficiencies.

9 ‘‘(g) EFFECTIVE DATE OF REGULATIONS.—Subject

10 to subsection (l), the Administrator shall determine the

11 effective date of the national primary drinking water regu12 lations promulgated pursuant to this section, taking into

13 account the period of time necessary for—

14 ‘‘(1) the appropriate officials of public drinking

15 water systems to plan, design, finance, and build

16 projects or adjust operating practices; and

17 ‘‘(2) States to adopt new regulations.

18 ‘‘(h) NO PREVENTIVE HEALTH CARE ADDITIVES.—

19 No national primary drinking water regulation promul20 gated under subsection (a) may require the addition of any

21 substance for preventive health care purposes that is not

22 related to the removal or avoidance of contaminants in

23 drinking water.

24 ‘‘(i) ADMINISTRATIVE PROCEDURES.—The regula25 tions promulgated under subsection (a) shall be promul-
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1 gated in accordance with section 553 of title 5, United

2 States Code, except that the Administrator shall provide

3 an opportunity for a public hearing prior to the promulga4 tion of the regulations.

5 ‘‘(j) CONSULTATION AND ADVICE.—

6 ‘‘(1) SECRETARY AND NATIONAL DRINKING

7 WATER ADVISORY COUNCIL.—In proposing and pro8 mulgating regulations under subsection (a), the Ad9 ministrator shall consult with the Secretary and the

10 National Drinking Water Advisory Council.

11 ‘‘(2) SCIENCE ADVISORY BOARD.—

12 ‘‘(A) SOLICITATION OF COMMENTS.—The

13 Administrator shall request comments from the

14 Science Advisory Board (established under sec15 tion 8 of the Environmental Research, Develop16 ment, and Demonstration Authorization Act of

17 1978 (42 U.S.C. 4365)) prior to proposing any

18 national primary drinking water regulations

19 under subsection (a).

20 ‘‘(B) RESPONSE.—If the Board responds

21 within a reasonable period of time after a re22 quest referred to in subparagraph (A), the find23 ings and recommendations of the Board shall

24 be included in the notice that accompanies the
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1 proposal for national primary drinking regula2 tions.

3 ‘‘(k) REVIEW OF REGULATIONS.—

4 ‘‘(1) CONTINUATION OF REGULATIONS.—

5 ‘‘(A) IN GENERAL.—Not later than 180

6 days after the date of enactment of this section,

7 the Administrator shall review the list of na8 tional primary drinking water regulations in ef9 fect on the date of enactment of this section

10 and order the continued implementation of reg11 ulations for each contaminant that, as of the

12 date of enactment of this section, meets the cri13 teria under subsection (a) for the promulgation

14 of national drinking water regulations on the

15 basis of the rulemaking record for the contami16 nant in existence on the date of enactment of

17 this section.

18 ‘‘(B) JUDICIAL REVIEW.—An order of the

19 Administrator under subparagraph (A) shall

20 not be considered a rulemaking subject to sec21 tion 553 of title 5, United States Code, but

22 shall be subject to judicial review.

23 ‘‘(C) SCOPE OF REVIEW.—A judicial re24 view of an order referred to in subparagraph

25 (A) shall be limited to whether the rulemaking
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1 record of a contaminant reviewed pursuant to

2 subparagraph (A) is sufficient to support inclu3 sion of the contaminant under the order of the

4 Administrator.

5 ‘‘(2) REGULATIONS NOT SUBJECT TO CONTIN6 UED IMPLEMENTATION ORDER.—Any contaminant

7 subject to regulation under the national primary

8 drinking water regulations promulgated under sub9 section (a) that is not regulated under an order au10 thorized in paragraph (1) shall be evaluated by the

11 Administrator and included under the National

12 Water Contaminant Health and Aesthetic Quality

13 Advisory Program established under section

14 1412(a).

15 ‘‘(3) EFFECT OF SAFE DRINKING WATER ACT

16 AMENDMENTS.—

17 ‘‘(A) IN GENERAL.—A regulation that has

18 been proposed, but not adopted, by the date of

19 enactment of this section pursuant to this title,

20 shall be published as part of the national pri21 mary drinking water regulations promulgated

22 under subsection (a) if the regulation meets the

23 criteria established in this section.

24 ‘‘(B) DEADLINES.—Each statutory and

25 court ordered deadline for a regulation de-
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1 scribed in subparagraph (A) in effect on the

2 day before the date of enactment of this section

3 shall remain in effect for the period specified in

4 the statute or court order, except that the Ad5 ministrator may extend a deadline referred to

6 in this sentence for a 6-month period beyond

7 the date specified for the regulation, if a signifi8 cant economic or risk assessment is required to

9 be carried out under this section.

10 ‘‘(l) REVISION OF REGULATIONS.—

11 ‘‘(1) IN GENERAL.—The Administrator may re12 vise the national primary drinking water regulations

13 promulgated under subsection (a), if on completion

14 of a review under paragraph (2), the Administrator

15 determines that a change in risk assessments, tech16 nology, treatment techniques, and water source pro17 tection supports revision or expansion of the regula18 tions on the basis of the criteria used to develop the

19 regulations, as described in this section.

20 ‘‘(2) REVIEW OF NEW INFORMATION.—The Ad21 ministrator shall review relevant information con22 cerning risk assessments, technology, treatment

23 techniques, and water source protection that might

24 lead to the revision or expansion of the national pri25 mary drinking water regulations not later than 5
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1 years after the date of enactment of this section,

2 and every 5 years thereafter. The Administrator

3 shall publish the findings of the review in the Fed4 eral Register and, if appropriate, an advance notice

5 of proposed rulemaking.

6 ‘‘(3) PETITIONS FOR DEVELOPMENT OF ADDI7 TIONAL REGULATIONS.—

8 ‘‘(A) IN GENERAL.—Not later than 180

9 days after receipt of a petition for the develop10 ment and promulgation of additional national

11 primary drinking water regulations, the Admin12 istrator shall publish a response to the petition

13 in a notice in the Federal Register. The notice

14 shall—

15 ‘‘(i) provide advance notice of pro16 posed rulemaking; or

17 ‘‘(ii) state the basis for rejecting the

18 petition.

19 ‘‘(B) FINAL RULEMAKING PROCESS NOT

20 MANDATORY.—The commencement of a rule21 making process pursuant to a petition shall not

22 require the promulgation of a final national pri23 mary drinking water regulation if the criteria

24 for the revision of the national primary drink-
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1 ing water regulations described in this section

2 are not met.’’.

3 SEC. 202. WATER SUPPLY PROTECTION PROGRAMS.

4 Section 1412 (42 U.S.C. 300g–1) is amended to read

5 as follows:

6 ‘‘SEC. 1412. WATER SUPPLY PROTECTION PROGRAMS.

7 ‘‘(a) NATIONAL WATER CONTAMINANT ADVISORY

8 PROGRAM.—

9 ‘‘(1) ESTABLISHMENT.—The Administrator

10 shall establish a National Water Contaminant

11 Health and Aesthetic Quality Advisory Program (re12 ferred to in this section as the ‘Program’).

13 ‘‘(2) DATA REPOSITORY.—In carrying out the

14 Program, the Administrator shall establish and

15 maintain a source of information that is easily acces16 sible to any interested person or entity concerning—

17 ‘‘(A) contaminants that have been found in

18 potable water sources, finished water, water

19 treated by point-of-use and point-of-entry

20 equipment, and bottled water;

21 ‘‘(B) the concentrations at which the con22 taminants have been found;

23 ‘‘(C) the health effects and aesthetic char24 acteristics (as determined by the Administrator)
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1 of the contaminants at various concentrations;

2 and

3 ‘‘(D) the level of exposure for each con4 taminant (expressed as a concentration) that

5 the Administrator recommends as conserv6 atively protective to the most sensitive human

7 population (as defined and determined by the

8 Administrator) for—

9 ‘‘(i) a one-time exposure;

10 ‘‘(ii) a short-term exposure of approxi11 mately 1 week;

12 ‘‘(iii) a long-term exposure of approxi13 mately 7 years; and

14 ‘‘(iv) a lifelong exposure.

15 ‘‘(3) CONSERVATIVELY PROTECTIVE EXPO16 SURES.—

17 ‘‘(A) IN GENERAL.—The Administrator

18 shall consider an exposure as conservatively

19 protective to the most sensitive human popu20 lation if, after application of a conservative fac21 tor of safety, the Administrator determines that

22 the exposure is not reasonably expected to pose

23 a meaningful threat of an adverse effect on

24 human health. For the purposes of this sub25 section, the Administrator may consider as con-
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1 servatively protective an exposure that is great2 er than a level with no associated risk. The as3 sumption of zero exposure shall not be required

4 for considering an exposure as conservatively

5 protective.

6 ‘‘(B) LONG-TERM AND LIFELONG EXPO7 SURES.—In determining recommended long8 term and lifelong exposures for contaminants,

9 the Administrator may rely on information con10 cerning the relative marginal, or incremental

11 net benefits, of the alternatives for a represent12 ative range of sizes of water systems.

13 ‘‘(4) NET BENEFITS.—Information concerning

14 the net benefits of reducing contamination to rec15 ommended long-term and lifelong levels shall be in16 corporated in the health and aesthetic quality data

17 repository in a manner that is easily understandable

18 and facilitates the use by officials of public drinking

19 water systems and the customers of the systems.

20 ‘‘(5) SECONDARY DRINKING WATER REGULA21 TIONS.—

22 ‘‘(A) INCORPORATION OF DATA.—The data

23 repository shall incorporate data associated with

24 national secondary drinking water regulations

25 promulgated under this Act that are in effect
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1 on the date of enactment of the Water Supply

2 Protection Act of 1993.

3 ‘‘(B) RESCISSION OF SECONDARY REGULA4 TIONS.—On inclusion of the data described in

5 subparagraph (A) into the repository, the Ad6 ministrator shall publish a notice rescinding the

7 secondary regulations, including a reference to

8 the data repository.

9 ‘‘(6) PRIMARY DRINKING WATER REGULA10 TIONS.—

11 ‘‘(A) INCORPORATION OF DATA.—Not later

12 than 1 year after the date of enactment of the

13 Water Supply Protection Act of 1993, the Ad14 ministrator shall incorporate into the data in15 cluded in the data repository, data associated

16 with national primary drinking water regula17 tions in effect on the date of enactment of such

18 Act that have not been promulgated as national

19 primary drinking regulations under section

20 1411A(a).

21 ‘‘(B) REPEAL.—On inclusion of the data

22 described in subparagraph (A) into the data re23 pository, the Administrator shall publish a no24 tice rescinding the regulations referred to in
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1 subparagraph (A). The notice shall include a

2 reference to the data repository.

3 ‘‘(7) ELECTRONIC ACCESS.—

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), the data repository may be in the

6 form of an electronically accessible database.

7 ‘‘(B) NONELECTRONIC ACCESS.—The Ad8 ministrator shall ensure the availability of

9 nonelectronic access to the data in the data re10 pository that allows reasonable access to the

11 data by interested persons and entities.

12 ‘‘(8) CONTRACTING RESPONSIBILITY.—The Ad13 ministrator may enter into an agreement with a for14 profit or nonprofit entity for the maintenance of the

15 data repository under this subsection. An agreement

16 entered into under this paragraph shall be subject to

17 the following conditions:

18 ‘‘(A) The requirements of this section shall

19 be fully satisfied.

20 ‘‘(B) The Administrator or a representa21 tive of the Administrator shall serve in an advi22 sory capacity to the entity with regard to mat23 ters of the data repository.

24 ‘‘(9) LIST OF CONTAMINANTS.—
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1 ‘‘(A) IN GENERAL.—Not later than 1 year

2 after the date of enactment of the Water Sup3 ply Protection Act of 1993, and every 3 years

4 thereafter, the Administrator shall identify and

5 list not less than 15 contaminants that have, or

6 may have, entered into drinking water or drink7 ing water supply sources for which there is in8 sufficient scientific data to compile the informa9 tion required under paragraph (2).

10 ‘‘(B) PUBLICATION.—The list referred to

11 in subparagraph (A) shall be published in the

12 Federal Register along with—

13 ‘‘(i) a schedule for data collection and

14 evaluation; and

15 ‘‘(ii) the amount of funds required for

16 timely completion of the data collection

17 and evaluation.

18 ‘‘(C) SCHEDULE OF COLLECTION OF

19 DATA.—The Administrator shall collect and

20 evaluate the data referred to in subparagraph

21 (B) not later than 5 years after the date of

22 publication of the list pursuant to subparagraph

23 (B), unless the Administrator demonstrates

24 that the funds authorized for the data collection

25 and evaluation were insufficient or were not
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1 made available during the period specified in

2 this subparagraph.

3 ‘‘(b) NATIONAL WATER TREATMENT TECHNOLOGY

4 ADVISORY PROGRAM.—

5 ‘‘(1) ESTABLISHMENT.—The Administrator

6 shall establish a National Water Treatment Tech7 nology Advisory Program (referred to in this sub8 section as the ‘Program’).

9 ‘‘(2) DATA REPOSITORY.—In carrying out the

10 Program, the Administrator shall establish and

11 maintain a source of information that is easily acces12 sible to interested persons and entities concerning—

13 ‘‘(A) the nature, efficacy, and cost of com14 mercially available treatment train designs, in15 cluding designs for central, point-of-entry, and

16 point-of-use treatment that are capable of re17 moving contaminants from drinking water or

18 preventing the entry into drinking water of con19 taminants from equipment, pipe, valve, faucet,

20 and fixture materials; and

21 ‘‘(B) demonstrations or installations of

22 representative treatment train applications.

23 ‘‘(3) ELECTRONIC ACCESS.—
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1 ‘‘(A) IN GENERAL.—The data repository

2 referred to in paragraph (2) may be in the form

3 of an electronically accessible database.

4 ‘‘(B) NONELECTRONIC ACCESS.—The Ad5 ministrator shall ensure the availability of

6 nonelectronic access to the data in the data re7 pository that allows reasonable access to the

8 data by interested persons and entities.

9 ‘‘(4) CONTRACTING RESPONSIBILITY.—The Ad10 ministrator may enter into an agreement with a for11 profit or nonprofit entity for the maintenance of the

12 repository. An agreement entered into under this

13 paragraph shall be subject to the following condi14 tions:

15 ‘‘(A) The requirements of this section shall

16 be fully satisfied.

17 ‘‘(B) The Administrator or a representa18 tive of the Administrator shall serve in an advi19 sory capacity to the entity with regard to mat20 ters of the data repository.

21 ‘‘(5) HIGHER EDUCATION CURRICULUM.—Not

22 later than 1 year after the date of enactment of the

23 Water Supply Protection Act of 1993, the Adminis24 trator shall develop a model curriculum for institu25 tions of higher education (as defined in section
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1 1201(a) of the Higher Education Act of 1965 (20

2 U.S.C. 1141(a)) concerning the design and packag3 ing of small flow treatment trains, including point4 of-use and point-of-entry devices.

5 ‘‘(6) ANNUAL COMPETITION.—The Adminis6 trator shall establish an annual competition to iden7 tify and demonstrate innovative solutions to water

8 treatment problems, especially low-cost solutions for

9 small water systems. To the extent practicable, the

10 competition shall be carried out through cooperative

11 activities between appropriate officials of the Federal

12 Government and private business concerns.

13 ‘‘(c) NATIONAL DRINKING WATER SOURCE PROTEC14 TION MANAGEMENT PRACTICES ADVISORY PROGRAM.—

15 ‘‘(1) ESTABLISHMENT.—The Administrator

16 shall establish a National Drinking Water Source

17 Protection Management Practices Advisory Program

18 (referred to in this section as the ‘Program’).

19 ‘‘(2) DATA REPOSITORY.—In carrying out the

20 Program, the Administrator shall establish and

21 maintain a source of information that is easily acces22 sible to interested persons and entities concerning—

23 ‘‘(A) the nature, efficacy, and cost of pollu24 tion prevention, pollution control, and relevant

25 land-use strategies known, or expected, to pre-
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1 vent the contamination of drinking water

2 sources;

3 ‘‘(B) demonstrations or applications of

4 representative source protection practices; and

5 ‘‘(C) recommended source protection and

6 management practices associated with common

7 contaminant scenarios (as defined and deter8 mined by the Administrator).

9 ‘‘(3) ELECTRONIC ACCESS.—

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), the data repository established

12 under paragraph (2) may form an electronically

13 accessible database.

14 ‘‘(B) NONELECTRONIC ACCESS.—The Ad15 ministrator shall ensure the availability of

16 nonelectronic access to the data repository that

17 allows reasonable access to the data by inter18 ested persons and entities.

19 ‘‘(4) CONTRACTING RESPONSIBILITY.—The Ad20 ministrator may enter into an agreement with a for21 profit or nonprofit entity for the maintenance of the

22 repository. An agreement entered into under this

23 paragraph shall be subject to the following condi24 tions:
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1 ‘‘(A) The requirements of this section shall

2 be fully satisfied.

3 ‘‘(B) The Administrator or a representa4 tive of the Administrator shall serve in an advi5 sory capacity to the entity with regard to mat6 ters of the data repository.

7 ‘‘(5) HIGHER EDUCATION CURRICULUM.—Not

8 later than 2 years after the date of enactment of the

9 Water Supply Protection Act of 1993, the Adminis10 trator shall develop a model curriculum concerning

11 drinking water source management and protection

12 for institutions of higher education (as defined in

13 section 1201(a) of the Higher Education Act of

14 1965 (20 U.S.C. 1141(a)).

15 ‘‘(6) COMPETITION.—The Administrator shall

16 establish an annual contest to identify and dem17 onstrate innovative solutions to water source protec18 tion problems. To the extent practicable, the contest

19 shall be jointly sponsored by government and private

20 business.

21 ‘‘(7) EMPLOYEE.—The Administrator may re22 quire a State to, as a condition to maintaining pri23 mary enforcement authority under this title, employ

24 at least 1 individual who has the responsibility for

25 carrying out all of the following activities:
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1 ‘‘(A) Coordinating State and Federal un2 derground sources of drinking water protection

3 programs in the State.

4 ‘‘(B) Maintaining information concerning

5 the ground water source protection activities

6 within the State.

7 ‘‘(C) Facilitating risk management analy8 sis of the ground water source protection activi9 ties.’’.

10 SEC. 203. IMPLEMENTATION AMENDMENTS.

11 (a) VARIANCES.—Section 1415 (42 U.S.C. 300g–4)

12 is amended—

13 (1) in paragraph (1)(A)—

14 (A) by striking ‘‘, because of characteris15 tics of the raw water sources which are reason16 ably available to the systems,’’;

17 (B) by striking ‘‘. A variance may only be

18 issued to a system after the system’s’’ and in19 serting the following: ‘‘despite reductions that

20 could reasonably be expected from’’; and

21 (C) by striking all after ‘‘Before a sched22 ule’’ and inserting the following: ‘‘A schedule

23 for full compliance shall not be required to be

24 prepared pursuant to this subparagraph if the
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1 risk posed by the contaminant is de minimis.’’;

2 and

3 (2) by striking subparagraph (C) of paragraph

4 (1) and inserting the following new subparagraph:

5 ‘‘(C)(i) Subject to clause (ii), before a variance

6 proposed to be granted by a State under subpara7 graph (A) or (B) may be granted, the State shall

8 provide notice and an opportunity for public com9 ment on the proposed variance. The notice may

10 cover the granting of variances for as many water

11 systems as the State may have received requests

12 from during the 1-year period preceding the date of

13 the notice.

14 ‘‘(ii) No notice or hearing shall be required

15 under this subparagraph if a representative of a

16 public water system provides documentation that the

17 public water system is eligible for a variance under

18 the applicable primary drinking water regulation.

19 The documentation required, and review conducted,

20 under this subparagraph shall facilitate an expedi21 tious and inexpensive procedure, with respect to the

22 activities required for the public water system that

23 submits an application to the primary enforcement

24 authority that carries out the processing of the docu25 mentation. An expeditious and inexpensive procedure
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1 under this subparagraph may include a procedure by

2 which the privacy enforcement authority uses a

3 checklist and a certification of correctness by a li4 censed professional engineer.

5 ‘‘(iii) The State may append reasonable condi6 tions to a variance, including additional and afford7 able monitoring requirements or an expiration date

8 (in the absence of a schedule).

9 ‘‘(iv) Each State shall annually notify the Ad10 ministrator of each variance granted under this sec11 tion by the State. The notification shall include the

12 reason for each variance granted by the State.’’.

13 (b) EXEMPTIONS.—Section 1416 (42 U.S.C. 300g–

14 5) is amended—

15 (1) in subsection (b)(1), by striking ‘‘Before a

16 schedule’’ and all that follows through the end of the

17 paragraph;

18 (2) by redesignating paragraphs (2) through

19 (4) as paragraphs (3) through (5); and

20 (3) by inserting after paragraph (1) the follow21 ing new paragraph:

22 ‘‘(2)(A) Subject to subparagraph (B), before an ex23 emption proposed to be granted by a State under sub24 section (a) may be granted, the State shall provide notice

25 and an opportunity for public comment on the proposed
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1 exemption. The notice may cover the granting of exemp2 tions for as many public water systems as the State may

3 have received requests from during the 1-year period pre4 ceding the date of the notice.

5 ‘‘(B) No notice or hearing shall be required under

6 this subparagraph if a representative of a public water

7 system provides documentation that the public water sys8 tem is eligible for an exemption under the applicable pri9 mary drinking water regulation. The documentation re10 quired, and review conducted, under this subparagraph

11 shall facilitate an expeditious and inexpensive procedure,

12 with respect to the activities required for the public water

13 system that submits an application to the primary enforce14 ment authority that carries out the processing of the docu15 mentation. An expeditious and inexpensive procedure

16 under this subparagraph may include a procedure by

17 which the privacy enforcement authority uses a checklist

18 and a certification of correctness by a licensed professional

19 engineer.

20 ‘‘(C) The State may append reasonable conditions to

21 an exemption, including additional and affordable mon22 itoring requirements or an expiration date (in the absence

23 of a schedule).

24 ‘‘(D) Each State shall annually notify the Adminis25 trator of each exemption granted under this section by the
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1 State. The notification shall contain the reason for each

2 exemption granted by the State.’’; and

3 (4) in subsection (b)(2), by striking subpara4 graph (C) and inserting the following new subpara5 graph:

6 ‘‘(C) An exemption granted to a public water system

7 under clause (i) or (ii) of subparagraph (B) may be re8 newed for one or more additional 2-year periods if the

9 Administrator determines that—

10 ‘‘(i) the public water system—

11 ‘‘(I) serves 500 or less service connections;

12 and

13 ‘‘(II) needs financial assistance for the

14 necessary improvements; and

15 ‘‘(ii) the appropriate official of the public water

16 system—

17 ‘‘(I) establishes that the official is taking

18 all practicable steps to meet the requirements of

19 subparagraph (B); or

20 ‘‘(II) installs effective point-of-use devices

21 and demonstrates, to the satisfaction of the

22 Administrator, that—

23 ‘‘(aa) the devices are adequately oper24 ated and maintained; and
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1 ‘‘(bb) the flow resulting from the ac2 tual use of the devices constitutes an ap3 propriate percentage of expected ingested

4 water at the installation site.’’.

5 (c) PUBLIC NOTIFICATION.—Section 1414(c) (42

6 U.S.C. 300g–3(c)) is amended by striking all after ‘‘The

7 Administrator shall by regulation’’ through the end of the

8 subsection, and inserting the following:

9 ‘‘Not later than 18 months after the date of enactment

10 of the Water Supply Protection Act of 1993, the Adminis11 trator shall revise the regulations promulgated under sec12 tion 1414(c)(2) to provide for notice pursuant to sub13 section (a).

14 ‘‘(d)(1) Notice of a violation of the maximum con15 taminant level or of any other violation resulting in an

16 unacceptable level of risk to public health and welfare shall

17 be given as soon as is practicable after the violation oc18 curs, in a manner selected by the public water system and

19 approved by the State.

20 ‘‘(2) Notice of all other violations of any requirement

21 of this title shall be provided in an annual report in such

22 form, and in such manner as the State may determine

23 pursuant to paragraph (3).

24 ‘‘(3) The Administrator shall provide model language

25 for inclusion in each notice issued pursuant to this sub-
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1 section, but the form and content of the notice shall be

2 determined by the public water system with the approval

3 of the State.’’.

4 (d) CITIZEN SUITS.—Section 1449(b)(1) (42 U.S.C.

5 300j–8(b)(1)) is amended—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (A); and

8 (2) by adding at the end the following new sub9 paragraph:

10 ‘‘(C) if the water system is under an ad11 ministrative compliance order, or an adminis12 trative or judicial consent decree, and is in com13 pliance with the terms of the order or decree;’’.

14 (e) TAMPERING.—Section 1432(d) (42 U.S.C.

15 300i–1) is amended—

16 (1) in paragraph (1), by striking ‘‘or’’;

17 (2) by redesignating paragraph (2) as para18 graph (3); and

19 (3) by inserting after paragraph (1) the follow20 ing new paragraph:

21 ‘‘(2) to introduce a contaminant into the dis22 tribution system, by means of reinjection of delivered

23 water, that would pose an unacceptable risk to pub24 lic health or welfare; or’’.
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1 (f) LABORATORY AND OPERATOR CERTIFICATION.—

2 The Public Health Service Act (42 U.S.C. 201 et seq.)

3 is amended by adding at the end the following new section:

4 ‘‘SEC. 1452. LABORATORY AND OPERATOR CERTIFICATION.

5 ‘‘(a) WATER SYSTEM OPERATORS.—

6 ‘‘(1) IN GENERAL.—After consultation with

7 representatives of the States, the Administrator shall

8 prescribe such regulations as are necessary or appro9 priate to ensure the national certification of public

10 water system operators.

11 ‘‘(2) CERTIFICATION.—

12 ‘‘(A) ADMINISTRATION.—The Adminis13 trator may authorize the national certification

14 program under this subsection to be adminis15 tered by a for-profit or nonprofit entity if the

16 Administrator or a representative of the Admin17 istrator serves in an advisory capacity to the

18 entity with respect to matters of certification.

19 ‘‘(B) STATE CERTIFICATION.—An individ20 ual certified under the national certification

21 program shall be deemed to be certified in each

22 State with primary enforcement authority.

23 ‘‘(b) ANALYTICAL LABORATORIES.—

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

25 prescribe such regulations as are necessary or appro-
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1 priate to ensure national certification of analytical

2 laboratories.

3 ‘‘(2) ADMINISTRATION.—The Administrator

4 may authorize the national certification program

5 under this subsection to be administered by a for6 profit or nonprofit entity if the Administrator or a

7 representative of the Administrator serves in an ad8 visory capacity to the entity with respect to matters

9 of certification.

10 ‘‘(3) ACCEPTANCE OF MONITORING RESULTS.—

11 Analytical monitoring results provided by a labora12 tory that receives certification under the national

13 certification program under this subsection shall, for

14 the purposes of this title, be considered acceptable

15 for purposes of determining compliance.

16 ‘‘(4) PRIMARY ENFORCEMENT AUTHORITY.—A

17 State that seeks to maintain primary enforcement

18 authority under this title may list any nationally cer19 tified laboratory as the analytical resource of the

20 State for purposes of the primacy enforcement au21 thority of the State.’’.
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1 TITLE III—PROTECTION OF UN2 DERGROUND SOURCES OF

3 DRINKING WATER

4 SEC. 301. STATE PROGRAMS TO ESTABLISH WELLHEAD

5 PROTECTION AREAS.

6 Section 1428(d) (42 U.S.C. 300h–7(d)) is amend7 ed—

8 (1) by striking ‘‘(d) FEDERAL ASSISTANCE.—

9 After the date’’ and inserting the following:

10 ‘‘(d) FEDERAL ASSISTANCE.—

11 ‘‘(1) IN GENERAL.—After the date’’; and

12 (2) by adding at the end the following new

13 paragraph:

14 ‘‘(2) GROUND WATER PROTECTION SOURCE CO15 ORDINATOR.—Not later than 1 year after the initi16 ation of a program under section 1412(f), funds

17 made available under this section shall be distributed

18 only to a State that establishes and fills a position

19 for a ground water protection source coordinator.’’.

20 TITLE IV—GENERAL

21 PROVISIONS

22 SEC. 401. RESEARCH, TECHNICAL ASSISTANCE, INFORMA23 TION, TRAINING OF PERSONNEL.

24 (a) ESTABLISHMENT OF TRAINING PROGRAMS.—

25 Section 1442(d) (42 U.S.C. 300j–1(d)) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (1);

3 (2) by striking the period at the end of para4 graph (2) and inserting ‘‘; and’’; and

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

6 paragraphs:

7 ‘‘(3) establish a public-private partnership to

8 demonstrate low-cost small flow water treatment

9 technologies that can be used by very small public

10 water systems (as defined and determined by the

11 Administrator) to meet primary drinking water

12 standards, or recommended long-term and lifelong

13 acceptable exposure levels; and

14 ‘‘(4) in conjunction with States and water treat15 ment equipment manufacturers, develop means to

16 speed and simplify State approvals of low-cost small

17 flow water treatment technologies available to very

18 small public water systems seeking to meet drinking

19 water standards, or recommended acceptable expo20 sure levels.’’.

21 (b) POTABLE WATER.—Section 1442 (42 U.S.C.

22 300j–1) is amended by adding at the end the following

23 new subsections:

24 ‘‘(h) The Administrator, with the assistance of the

25 Assistant Secretary of the Interior for the Fish and Wild-
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1 life Service, and the Assistant Secretary of Agriculture re2 sponsible for pesticide and farming practices associated

3 with the protection of potable ground water sources, shall

4 submit to Congress an annual report concerning specific

5 steps taken in the preceding year to coordinate potable

6 ground water protection.

7 ‘‘(i) Not later than 2 years after the date of enact8 ment of this subsection, the Administrator shall submit

9 to Congress a report, with recommendations on the alter10 native forms of Federal legislation that could simplify and

11 speed the cost-effective consolidation of small public water

12 systems, including simplified and rapid means to condemn

13 for acquisition purposes, small public water systems with

14 respect to which the appropriate officials are unable or

15 unwilling to comply with national drinking water regula16 tions.

17 ‘‘(j)(1) The Administrator may—

18 ‘‘(A) establish a national technical assistance

19 program for rural public water and small public

20 water systems that may be implemented by a non21 profit entity; and

22 ‘‘(B) may award grants to carry out the pro23 gram referred to in subparagraph (A).

24 ‘‘(2) There are authorized to be appropriated, to

25 carry out paragraph (1)—
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1 ‘‘(A) $4,000,000 for fiscal year 1994; and

2 ‘‘(B) $5,000,000 for each of fiscal years 1995

3 through 1997.’’.

4 SEC. 402. GRANTS FOR STATE PROGRAMS.

5 (a) PUBLIC WATER SYSTEMS SUPERVISION PRO6 GRAM.—Paragraph (7) of section 1443(a) (42 U.S.C.

7 300j–2(a)(7)) is amended to read as follows:

8 ‘‘(7) For the purpose of making grants under para9 graph (1) there are authorized to be appropriated

10 $50,000,000 for fiscal year 1994, $45,000,000 for fiscal

11 year 1995, $40,000,000 for fiscal year 1996, and

12 $35,000,000 for fiscal year 1997.’’.

13 (b) UNDERGROUND WATER SOURCE PROTECTION

14 PROGRAM.—Paragraph (5) of section 1443(b) (42 U.S.C.

15 300j–2(b)(5)) is amended to read as follows:

16 ‘‘(5) For the purpose of making grants under para17 graph (1) there are authorized to be appropriated

18 $11,000,000 for fiscal year 1994, $11,000,000 for fiscal

19 year 1995, $12,000,000 for fiscal year 1996, and

20 $13,000,000 for fiscal year 1997.’’.

21 (c) UNIFORM DATA SYSTEM.—Section 1443 (42

22 U.S.C. 300j–2) is amended—

23 (1) by redesignating subsection (c) as sub24 section (e); and
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1 (2) by inserting after subsection (b) the follow2 ing new subsections:

3 ‘‘(c)(1) The Administrator is authorized to make

4 grants to States to carry out section 1412(c).

5 ‘‘(2) For the purpose of making grants under para6 graph (1) there are authorized to be appropriated

7 $2,500,000 for each of fiscal years 1994 through 1997.

8 ‘‘(d)(1) The Administrator is authorized to make

9 grants to States to adopt uniform data repository, collec10 tion, and reporting systems for a water supply supervision

11 program developed jointly by the Administration and the

12 State.

13 ‘‘(2) For the purpose of making grants under para14 graph (1) there are authorized to be appropriated

15 $3,000,000 for grants for hardware and commercial soft16 ware.

17 ‘‘(3)(A) For the purpose of the development of the

18 uniform data system authorized under paragraph (1)

19 there are authorized to be appropriated $2,000,000.

20 ‘‘(B) For the purpose of the maintenance of the uni21 form data system, there are authorized to be appropriated

22 $500,000 for each of fiscal years 1994 through 1997.’’.

23 SEC. 403. RECORDS AND INSPECTIONS.

24 Section 1445(a)(2) (42 U.S.C. 300j–4(a)(2)) is

25 amended by adding at the end the following new sentence:
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1 ‘‘The Administrator shall suspend regulations requiring

2 monitoring for unregulated contaminants in existence on

3 the date of enactment of this section until the regulations

4 are modified to ensure—

5 ‘‘(A) the annual household cost of monitoring is

6 reasonable in light of other needs for other health

7 protection of families served by a public water sys8 tem;

9 ‘‘(B) the requirements reflect one-time sampling

10 and the maximum use of pooled samples;

11 ‘‘(C) the use of indicator analytical methods,

12 screening methods, and low-cost multiple analytical

13 methods are fully exploited; and

14 ‘‘(D) liberal exceptions are provided for cases in

15 which the probability of contamination is low.’’.

16 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

17 Part B of title XIV (42 U.S.C. 300g et seq.) is

18 amended by adding at the end the following new section:

19 ‘‘SEC. 1418. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) DRINKING WATER PROGRAM.—In addition to

21 any amounts otherwise authorized to be appropriated to

22 carry out the drinking water programs established under

23 this title, there are authorized to be appropriated

24 $18,000,000 for fiscal years 1994 and 1995, $16,000,000

25 for fiscal year 1996, and $14,000,000 for fiscal year 1997.
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1 ‘‘(b) WATER SUPPLY PROTECTION PROGRAM.—In

2 addition to any amounts otherwise authorized to be appro3 priated to carry out the water supply protection program

4 established under this title, there are authorized to be ap5 propriated $22,000,000 for each of fiscal years 1994 and

6 1995 and $25,000,000 for each of fiscal years 1996 and

7 1997.

8 ‘‘(c) ENFORCEMENT.—In addition to any amounts

9 otherwise authorized to be appropriated to enforce this

10 title, there are authorized to be appropriated $6,500,000

11 for fiscal year 1994, $5,000,000 for each of fiscal years

12 1995 and 1996, and $4,500,000 for fiscal year 1997.’’.

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