(c) EFFECTIVE DATE.—The amendments made by
subsection (b) shall apply to claims filed under section
1450(i) of the Public Health Service Act on or after the
date of the enactment of this Act.
SEC. 23. ADMINISTRATIVE PENALTIES.
Part E is amended by adding at the end the following
new section:
‘‘SEC. 1452. ADMINISTRATIVE PENALTIES.
‘‘(a) IN GENERAL.—The Administrator may assess
an administrative penalty for violations of section 1412,
1415, 1416, or 1442(h). Such a penalty may only be as-
sessed—
‘‘(1) after providing notice (in accordance with
section 1414(a)(1)(A)) of at least 45 days of the Ad-
ministrator’s intention to assess such penalty to the
State exercising primary enforcement responsibility
for public water systems and to the public water sys-
tem in violation of such section, and
‘‘(2) after opportunity for a hearing on the
record in accordance with section 554 of title 5,
United States Code.
‘‘(b) PENALTY.—The penalty under subsection (a)
shall be not more than $5,000 per day of violation. The
total penalty under such subsection shall not exceed—
‘‘(1) $50,000 for violation of section 1442(h)
(relating to minimum standards for certification of
operators and laboratories), or
‘‘(2) $90,000 in the case of violations of sec-
tions 1412, 1415, and 1416.
In assessing such penalties, the Administrator shall con-
sider the size of the public water system, the ability of
the system to operate in compliance with this title, the
seriousness of the violation, the economic impact of such
violation, and history of violations.’’.
SEC. 24. WATER RETURN.
Part E is amended by adding at the end the follow-
ing:
‘‘SEC. 1453. WATER RETURN.
‘‘Not later than 18 months after the date of the en-
actment of the Safe Drinking Water Act Amendments of
1994, the Administrator shall issue, after public notice,
guidelines to assist public water systems in assessing the
conditions, when it is consistent with the requirements and
public health objectives of this title, to return water from
the public water system used for heat pumps and similar
devices to the distribution system of the public water sys-
tem.’’.
SEC. 25. WATER CONSERVATION PLAN.
Part E is amended by adding at the end the follow-
ing:
‘‘SEC. 1454. WATER CONSERVATION PLAN.
‘‘(a) GUIDELINES.—Not later than 1 year after the
date of the enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall publish in
the Federal Register guidelines for water conservation
plans for public water systems serving fewer than 3,300
persons, public water systems serving between 3,300 and
10,000 persons, and public water systems serving more
than 10,000 persons, taking into consideration such fac-
tors as water availability and climate.
‘‘(b) SRF LOANS OR GRANTS.—Within 1 year after
publication of the guidelines under subsection (a), a State
exercising primary enforcement responsibility for public
water systems may require a public water system, as a
condition of receiving a loan or grant from a State revolv-
ing fund under section 1443(c), to submit with its applica-
tion for such loan or grant a water conservation plan con-
sistent with such guidelines.’’.
SEC. 26. SUBMERSIBLE PUMPS; FITTINGS; AND RESIDEN-
TIAL WATER TREATMENT UNITS.
Part F is amended by adding at the end the follow-
ing:
‘‘SEC. 1466. SUBMERSIBLE PUMPS.
‘‘(a) IN GENERAL.—(1) Except as provided in sub-
section (b), within 3 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994 the
Administrator shall promulgate regulations containing a
health effects based performance standard establishing
minimal leaching levels of lead from new submersible
pumps reasonably anticipated to be used in domestic water
wells, taking into account marketing and sales information
and other relevant factors. Such standard shall apply to
new pumps manufactured for, or first introduced into,
interstate commerce after the effective date of the regula-
tion promulgating the standard.
‘‘(2) At a minimum, the standard under this section
shall not allow lead concentration in drinking water to in-
crease by more than 15 parts per billion (ppb) when in
prolonged contact with the pump. Such standard shall be
effective 3 years after the date of its promulgation or at
such earlier time as the Administrator determines that
pumps subject to paragraph (1) can reasonably be antici-
pated to be in compliance with such standards.
‘‘(b) EXCEPTION.—(1) If the Administrator deter-
mines, after notice and opportunity for public comment,
that—
‘‘(A) voluntary standards have been developed
that are at least as protective as the minimum
standard described in subsection (a)(2), and
‘‘(B) pumps subject to paragraph (1) of sub-
section (a) can reasonably be anticipated to be in
compliance with such voluntary standards within 6
years after the date of the enactment of the Safe
Drinking Water Act Amendments of 1994,
the Administrator shall not promulgate regulations estab-
lishing the standard under subsection (a) or, if such regu-
lations have been promulgated, provide that such regula-
tions shall not take effect or be enforced.
‘‘(2) Within 2 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994, the
Administrator shall determine, after notice and oppor-
tunity for public comment, whether new submersible
pumps which convey drinking water and which contain
brass alloys containing 0.2 percent lead or more are being
manufactured for, or first introduced into, interstate com-
merce. If the Administrator determines, at that time, that
such pumps are not being manufactured for, or first intro-
duced into, interstate commerce, the Administrator shall
not promulgate regulations establishing the standard
under subsection (a) or make a determination under sub-
section (b)(1), or if such regulations have been promul-
gated, provide that such regulations shall not take effect
or be enforced.
‘‘SEC. 1467. FITTINGS.
‘‘(a) IN GENERAL.—Within 1 year after the date of
the enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Administrator shall determine if—
‘‘(1) voluntary standards for new plumbing fit-
tings manufactured for or introduced into interstate
commerce which convey drinking water have been
developed that are at least as protective of human
health as the minimum performance standard pro-
mulgated under subsection (b), and
‘‘(2) such fittings can reasonably be anticipated
to comply with such standards within 5 years after
such date of enactment.
‘‘(b) REGULATIONS.—If the Administrator deter-
mines that such voluntary standards for new plumbing fit-
tings which convey drinking water have not been developed
or that such fittings cannot reasonably be anticipated to
comply, within 5 years of such date of enactment, with
such voluntary standards, the Administrator shall, within
2 years after the date of such determination, promulgate
regulations setting a health effects based performance
standard establishing minimal leaching levels of lead from
such new plumbing fittings. Such regulation shall take ef-
fect 3 years after the date of such promulgation. Under
such regulation, such fittings shall not cause lead con-
centration in drinking water to increase by more than 15
parts per billion when in prolonged contact with such fit-
ting.
‘‘SEC. 1468. ENFORCEMENT OF SECTIONS 1466 AND 1467.
‘‘(a) IN GENERAL.—Any person who manufactures or
first introduces in interstate commerce any new submers-
ible pump or new plumbing fitting which violates any re-
quirement established by the Administrator by regulation
under section 1466 or 1467, shall be liable to the United
States for a civil penalty in an amount not to exceed
$10,000 for each such violation. To assess such civil pen-
alty, the Administrator shall, after notice and opportunity
for hearing on the record in accordance with sections 554
and 556 of title 5, United States Code, issue an order
assessing such civil penalty.
‘‘(b) ACTIONS.—The Administrator may commence a
civil action to enjoin any violation of section 1466 or 1467
or to assess and recover any civil penalty under subsection
(a). Any such action may be brought in the district court
of the United States for the district in which the violation
is alleged to have occurred or in which the defendant re-
sides or has the defendant’s principal place of business.
Such a court shall have jurisdiction to issue injunctive re-
lief and to assess a civil penalty.
‘‘(c) ORDER.—The Administrator may issue an order
to require any person to comply with any requirement of
section 1466 or 1467.
‘‘(d) FUTURE
COMPLIANCE.—The Administrator
shall periodically evaluate compliance with the standards
under sections 1466 and 1467.
‘‘SEC. 1469. RESIDENTIAL WATER TREATMENT UNITS.
‘‘(a) FTC INVESTIGATION.—The Federal Trade
Commission, in consultation with the Administrator of the
Environmental Protection Agency, shall conduct an inves-
tigation, pursuant to the Federal Trade Commission Act,
into the veracity of claims that devices manufactured, sold,
or distributed in interstate commerce for use in single and
multi-family residences will improve the quality of drink-
ing water or eliminate or reduce the level of 1 or more
drinking water contaminants (for which a national pri-
mary drinking water regulation is promulgated under the
Safe Drinking Water Act) and shall take such action pur-
suant to section 5 of such Act against any person who
introduces, delivers for introduction, sells, advertises, or
offers for sale, in interstate commerce, such devices as the
Commission deems appropriate to ensure that such claims
are consistent with the requirements of that Act and any
applicable decisions and orders of the Commission under
section 5 of that Act. The Commission shall, consistent
with the requirements of such Act, report the results of
its investigation and the actions it takes to the Congress
within 2 years after enactment of this Act. The Commis-
sion may, from time to time, issue rules (pursuant to sec-
tion 553 of title 5 of the United States Code) and any
violation of such rules shall be treated by the Commission
as a violation of a rule under section 18 of the Federal
Trade Commission Act (15 U.S.C. 57a) regarding unfair
or deceptive acts or practices.
‘‘(b) EPA REPORT.—The Administrator, taking into
account any available results of such study, shall, within
3 years after the date of the enactment of the Safe Drink-
ing Water Act Amendments of 1994, submit a report to
Congress containing recommendations regarding the effec-
tiveness of such devices, and recommendations for legisla-
tion, to the extent necessary to assure the effectiveness
of such devices in reducing the level of drinking water con-
taminants.’’.
SEC. 27. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 349) is amended—
(1) by striking ‘‘Whenever’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever’’;
and
(2) by adding at the end thereof the following
new subsection:
‘‘(b) BOTTLED DRINKING WATER STANDARDS.—(1)
Not later than 180 days after the Administrator of the
Environmental Protection Agency promulgates a national
primary drinking water regulation for a contaminant
under section 1412 of the Public Health Service Act (42
U.S.C. 300g–1), the Secretary, after public notice and
comment, shall issue a regulation under this subsection
for that contaminant in bottled water or make a finding
that such a regulation is not necessary to protect the pub-
lic health because the contaminant is contained in water
in public water systems (as defined under section 1401(4)
of such Act (42 U.S.C. 300f(4)) but not in water used
for bottled drinking water. In the case of contaminants
for which national primary drinking water regulations
were promulgated under such section 1412 before the date
of enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Secretary shall issue such regulation
within 1 year after such date of enactment.
‘‘(2) A regulation issued by the Secretary as provided
in this subsection shall include any monitoring require-
ments that the Secretary determines appropriate for bot-
tled water.
‘‘(3) A regulation issued by the Secretary as provided
in this subsection shall require the following:
‘‘(A) In the case of contaminants for which a
maximum contaminant level is established in a na-
tional primary drinking water regulation under sec-
tion 1412 of the Public Health Service Act, the reg-
ulation under this subsection shall establish a maxi-
mum contaminant level for the contaminant in bot-
tled water which is at least as stringent as the maxi-
mum contaminant level provided in the national pri-
mary drinking water regulation.
‘‘(B) In the case of contaminants for which a
treatment technique is established in a national pri-
mary drinking water regulation under section 1412
of the Public Health Service Act, the regulation
under this subsection shall require that bottled water
be subject to requirements no less protective of the
public health than those applicable to water provided
by public water systems using the treatment tech-
nique required by the national primary drinking
water regulation.
‘‘(4)(A) If the Secretary fails to establish a regulation
under this subsection within the 180-day period described
in paragraph (1), the national primary drinking water reg-
ulation referred to in paragraph (1) shall be considered,
as of the date on which the Secretary is required to estab-
lish a regulation under paragraph (1), as the regulation
applicable under this subsection to bottled water.
‘‘(B) Not later than 30 days after the end of the 180-
day period, or the 1-year period if applicable, described
in paragraph (1), the Secretary shall, with respect to a
national primary drinking water regulation that is consid-
ered applicable to bottled water as provided in subpara-
graph (A), publish a notice in the Federal Register that—
‘‘(i) sets forth the requirements of the national
primary drinking water regulation, including mon-
itoring requirements, which shall be applicable to
bottled water, and
‘‘(ii) provides that such requirements shall take
effect on the date on which the national primary
drinking water regulation for the contaminant takes
effect under section 1412 of the Public Health Serv-
ice Act (or in the case of national primary drinking
water regulations promulgated before the enactment
of the Safe Drinking Water Act Amendments of
1994, on the date 18 months after the enactment of
such Act).’’.
SEC. 28. ARSENIC.
(a) STUDY.—Subject to availability of appropriations,
the Administrator of the Environmental Protection Agen-
cy shall enter into an agreement with the National Acad-
emy of Sciences to conduct a comprehensive study of the
human health effects of arsenic (which is subject to regu-
lation as a contaminant under the Safe Drinking Water
Act), taking into consideration the fact that arsenic occurs
naturally. Such study shall be completed within 2 years
of the date the agreement is entered into. A report shall
be transmitted to the Administrator of the Environmental
Protection Agency for purposes of subsection (b).
(b) REGULATION.—
(1) PROPOSED REGULATION.—Not later than
December 31, 1996, the Administrator of the Envi-
ronmental Protection Agency shall propose a na-
tional primary drinking water regulation for arsenic.
If the study under subsection (a) is begun before
May 31, 1996, the Administrator may not, except as
provided in paragraph (2), promulgate such regula-
tion until the National Academy of Sciences has is-
sued a report under such subsection. When the Na-
tional Academy of Sciences issues such report, the
Administrator shall reopen the comment period on
the proposed regulation for 60 days.
mulgation of a regulation referred to in this paragraph,
the Administrator may add equally effective quality con-
trol and testing procedures by guidance published in the
Federal Register. Such procedures shall be treated as an
alternative for public water systems to the quality control
and testing procedures listed in the regulation.’’.
SEC. 30. REPORTS ON ENVIRONMENTAL PROTECTION
AGENCY ADMINISTERED PROGRAMS.
For States and Indian Tribes in which the Adminis-
trator of the Environmental Protection Agency has re-
voked primary enforcement responsibility under part B of
title XIV of the Public Health Service Act (the Safe
Drinking Water Act) or is otherwise administering such
title, the Administrator shall provide every 2 years, a re-
port to Congress on the implementation by the Adminis-
trator of all applicable requirements of that title in such
States.
SEC. 31. GENERAL AUTHORIZATION.
(a) IN GENERAL.—Part A is amended by adding the
following new section after section 1401:
‘‘SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
title for the first 8 fiscal years following the enactment
of the Safe Drinking Water Act Amendments of 1994.’’.
100
(b) CONFORMING AMENDMENTS.—The heading for
part A is amended to read as follows:
‘‘PART A—GENERAL PROVISIONS’’.
SEC. 32. CLERICAL AMENDMENT.
Section 1421(b)(3)(B)(i) is amended by striking
‘‘number or States’’ and inserting ‘‘number of States’’.
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