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.
(c) REFERENCES TO THE PUBLIC HEALTH SERVICE
ACT.—Wherever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the
Public Health Service Act (42 U.S.C. 201 et seq.).
SEC. 2. FINDINGS.
Congress finds that—
(1)(A) according to the Forum on Environ-
mental Management of the Environmental Protec-
tion Agency, the basic problems that motivated pas-
sage of title XIV of the Public Health Service Act
(commonly known as the Safe Drinking Water Act)
(42 U.S.C. 300f et seq.) as described in House Re-
port No. 93–1185 (ordered to be printed on July 10,
1974, 93d Congress, 2d Session) have been substan-
tially addressed, and it is time for the trans-
formation of the drinking water program into a rou-
tine Federal and State function that ensures—
(i) the continued supervision of public
water systems; and
(ii) the issuance of additional regulations
to address the discovery of any meaningful
threat to public health;
(B) the number of public water systems under
direct supervision has grown from 25,000 to
220,000;
(C) the number of drinking water standards
promulgated under title XIV of the Public Health
Service Act (commonly known as the ‘‘Safe Drinking
Water Act’’) has grown from 11 to 84;
(D) the number of States adopting the Federal
standards under such title has grown from 14 to 48;
(E) despite a more than three-fold growth in
the number of regulated public water systems of
communities—
(i) the percentage of public water systems
of communities in full compliance with the bac-
teriological monitoring requirements of such
title has grown from 15 percent to 83 percent
(97 percent if compliance within 3 months of
violation notification is included);
(ii) full compliance with the bacteriological
standard under such title is over 91 percent;
(iii) full compliance with chemical monitor-
ing requirements under such title has grown
from 10 percent to over 95 percent; and
(iv) full compliance with chemical stand-
ards promulgated under such title is over 99
percent;
(F) the number of health advisory documents
relating to such title has grown from 15 to over 100;
and
(G) State program budgets relating to such title
have grown from $27,000,000 to over $81,000,000
in State funds and to $58,900,000 in Federal
grants;
(2) the Federal water supply protection author-
ity in existence on the date of enactment of this Act
does not provide for redirection of program activities
upon recognition of program maturation;
(3)(A) the concept of relative risk management
has been significantly expanded during the last
decade; and
(B) the ability of the scientific community to
define and rank risks has grown to a point where
local, State, and Federal decisions on how to target
limited health protection resources could be based on
risk management priorities;
(4) the Federal water supply authority in exist-
ence on the date of enactment of this Act does not—
(A) authorize reliance on risk management
principles in the development of Federal re-
quirements;
(B) encourage integration of the water
supply protection program with other local,
State, and Federal health initiatives;
(C) authorize regulatory discretion if quan-
tifiable risks in public water supplies fall well
below natural background risks or are de
minimis in nature; and
(D) allow direct local and citizen risk man-
agement decisionmaking for small risks, espe-
cially those with large cost consequences;
(5)(A) the state-of-the-art of pollution preven-
tion and protection of water sources has grown sub-
stantially during the last decade;
(B) 38 States have adopted wellhead protection
programs;
(C) the scientific methods needed to support ge-
ographic and locational pollution prevention activi-
ties are available to permit significant expansion of
pollution prevention as a primary means to protect
water supply sources; and
(D) Federal water supply authority in existence
on the date of enactment of this Act does not—
(i) authorize the exploitation of the meth-
ods referred to in subparagraph (C) or the re-
placement of regulatory approaches with more
effective and lower cost local and State water
supply protection practices; and
(ii) require the integration of water supply
protection activities among Federal agencies;
(6)(A) growth in the development and approval
of low-cost small flow water treatment equipment
during the 20-year period preceding the date of en-
actment of this Act has made high quality water
treatment achievable by even the smallest public
water systems; and
(B) the Federal water protection authority in
existence on the date of enactment of this Act does
not—
(i) encourage the development and use of
these technologies, or
(ii) permit Federal, State, and local gov-
ernments to apply cost-efficient mixes of water
treatment techniques to comply with Federal
requirements;
(7)(A) the growth in sophistication and cov-
erage of analytical water chemistry has resulted in
the commercial capability to measure the presence
and concentration of trace amounts of hundreds of
natural and man-made materials in drinking water;
(B) the annual household cost of monitoring re-
quirements in effect on the date of enactment of this
Act in small public water systems is greater than the
cost of delivering the water in the systems; and
(C) the Federal water supply authority in exist-
ence on the date of enactment of this Act does not
provide direction concerning methods to balance the
use of these high-cost analytical techniques against
the need for information concerning the status of
risks to water supplies;
(8)(A) to fully implement the regulatory pro-
gram in existence on the date of enactment of this
Act, the amount of financial resources needed by the
States is twice the amount available on the date of
enactment of this Act;
(B) the shortfall referred to in subparagraph
(A) is expected to grow to 3 times the level that is
fundable for the fiscal year 1997; and
(C) a comparison of remaining unaddressed
water supply risks with risks that could be prevented
by other State funded health programs, such as the
medicaid program under title XIX of the Social Se-
curity Act (42 U.S.C. 1396 et seq.), suggest that in-
vestment in water supply at the cost of other health
care programs is justified only in a minority of
cases; and
(9)(A) State representatives have strongly sup-
ported changes to the authorities in existence on the
date of enactment of this Act that would allow a
greater degree of flexibility to the States in selecting
and funding State health protection priorities; and
(B) the authority in existence on the date of en-
actment of this Act provides inadequate discretion to
the Administrator of the Environmental Protection
Agency for evaluating proposed State water supply
protection implementation plans, as required for the
maintenance of primary enforcement authority and
receipt of Federal grants.
TITLE I—DEFINITIONS
SEC. 101. DEFINITIONS.
Section 1401 (42 U.S.C. 300f) is amended—
(1) by striking paragraph (1) and inserting the
following new paragraph:
‘‘(1) The term ‘primary drinking water regula-
tion’ means a regulation that meets the following re-
quirements:
‘‘(A) The regulation applies to public water
systems.
‘‘(B) The regulation specifies a contami-
nant (or group of contaminants) in any form
that is reasonably expected to be found in fin-
ished water that the Administrator, using real-
istic assumptions about human consumption,
determines would pose an unacceptable risk to
public health or welfare.
‘‘(C)(i) The regulation specifies, for each
contaminant, group of contaminants, or rep-
resentative indicator contaminant, one or more
of the requirements described in clause (ii) that
the Administrator determines is likely to afford
the most cost-effective means of protecting the
public from unacceptable risks to human health.
‘‘(ii) The requirements described in this
clause are—
‘‘(I) a maximum contaminant level;
‘‘(II) a drinking water treatment re-
quirement; and
‘‘(III) a drinking water source protec-
tion requirement.
‘‘(D) The regulation contains criteria and
procedures to ensure a supply of drinking water
that complies with each applicable maximum
contaminant level or requirement at reasonable
cost, including—
‘‘(i) a vulnerability assessment (if ap-
propriate);
‘‘(ii) procedural and analytical quality
control; and
‘‘(iii) testing and recordkeeping proce-
dures,
to ensure compliance with and targeting of the
requirements, and operation and maintenance
of the public water system.’’;
(2) in paragraph (3), by striking ‘‘which is de-
livered’’ and all that follows through the end of the
paragraph and inserting ‘‘that is delivered to the
service line of any user of a public water system.’’;
(3) in paragraph (6), by inserting before the pe-
riod the following: ‘‘of public health or welfare con-
cern’’; and
(4) by adding at the end the following new
paragraphs:
‘‘(15) The term ‘drinking water source protec-
tion requirement’ means a set of criteria to assess
the adequacy of proposed control and management
activities that—
‘‘(A) may be used in lieu of, or in conjunc-
tion with, a drinking water treatment require-
ment; and
‘‘(B) will sufficiently ensure the protection
of drinking water sources so that finished water
does not pose an unacceptable risk to human
health.
‘‘(16) The term ‘drinking water treatment re-
quirement’ means a requirement under a regulation
promulgated by the Administrator under this title
that specifies the use of water treatment equipment.
The term may include any point-of-use or point-of-
entry application that the Administrator determines
to produce water for consumption and normal der-
mal contact that does not pose an unacceptable risk
to public health and welfare.
‘‘(17) The term ‘individual lifetime risk’ means
the maximum expected likelihood estimate of risk to
an individual, based on appropriate toxicological
studies and realistic human consumption and expo-
sure assumptions.
‘‘(18) The term ‘representative indicator con-
taminant’ means a contaminant—
‘‘(A) that indicates the presence of a group
of contaminants; and
‘‘(B) with respect to which the removal
from water would signal a similar level of re-
moval of the other contaminants in the group.
‘‘(19) The term ‘vulnerability assessment’
means a reasonable and accurate assessment of the
vulnerability of a public water system to contamina-
tion.’’.
TITLE II—PUBLIC WATER
SYSTEMS
SEC. 201. NATIONAL PRIMARY DRINKING WATER REGULA-
TIONS.
Title XIV is amended by inserting after section 1411
(42 U.S.C. 300g) the following new section:
‘‘SEC. 1411A. NATIONAL PRIMARY DRINKING WATER REGU-
LATIONS.
‘‘(a) IN GENERAL.—If the Administrator determines
that a contaminant (or group of contaminants) is known,
or reasonably anticipated, to occur in drinking water or
a source of drinking water at a level that would, on the
basis of a reasonable assumption concerning human water
consumption and use (in any form), poses an unacceptable
risk to public health or welfare (as defined in subsection
(b)), the Administrator shall promulgate national primary
drinking water regulations consisting of one, or a com-
bination of the following requirements, as determined
under subsection (e):
‘‘(1) Maximum contaminant levels.
‘‘(2) Drinking water treatment requirements.
‘‘(3) Drinking water source protection require-
ments.
‘‘(b) ASSESSMENT OF RISK TO HUMAN HEALTH.—
‘‘(1) IN
GENERAL.—The Administrator shall
determine that a contaminant (or group of contami-
nants) poses an unacceptable risk to public health or
welfare if the Administrator determines that one or
more of the following conditions exist:
‘‘(A) The exposure to the contaminant (or
group of contaminants), as determined on the
basis of reasonable exposure assumptions ad-
justed (if appropriate) to reflect local or re-
gional patterns of behavior, would reasonably be
expected to result in a waterborne disease, clini-
cal degradation of human health, or a signifi-
cant probability of chronic health risk in the
public served by the public water system.
‘‘(B) Risks posed by the contaminant are
no less than natural background risks.
‘‘(C) The exposure poses a chronic risk
that is not a de minimus risk (as determined
under paragraph (2)).
‘‘(2) DETERMINATION OF DE MINIMUS RISK.—
As used in paragraph (1)(C), a chronic risk shall not
be determined to be a de minimus risk if at least 1
case of clinical health degradation would be expected
to arise in the population served by an affected pub-
lic water system over the 80-year period following
the date of determination of the risk as a result of
exposure to the combined exposure to all contami-
nants regulated under this title that are known to
pose a chronic threat to human health (referred to
in this section as ‘chronic contaminants’) found in
the water of the public water system.
‘‘(c) STANDARD.—
‘‘(1) IN GENERAL.—Each maximum contami-
nant level referred to in subsection (a)(1) shall in-
corporate a reasonable margin of safety, and shall
take into account—
‘‘(A) the significance of ambient exposures
from drinking water in light of natural back-
ground risks to health and other exposures to
the contaminants; and
‘‘(B) the incremental cost of risk-reduction
in comparison to other health and medical ex-
penditures of equal or greater national and
local significance to health care that the Admin-
istrator determines to be reasonably expected.
‘‘(2) REASONABLE MARGIN OF SAFETY.—For
the purposes of this subsection, a reasonable margin
of safety shall be—
‘‘(A) for a risk exhibiting a threshold ef-
fect, approximately one-tenth the level at which
there is no observable adverse effect on the
most sensitive human population (as defined
and determined by the Administrator);
‘‘(B) for a case in which a level referred to
in subparagraph (A) is not available, a safety
factor of approximately 100; and
‘‘(C) fully incorporated in any determina-
tion under this subsection for a contaminant
that the Administrator does not expect the ex-
pected to exhibit a threshold effect, if the
standard is established at a level of an individ-
ual lifetime risk of approximately 1 in 10,000.
‘‘(3) DE
MINIMUS
RISKS.—A maximum con-
taminant level referred to subsection (a) shall only
apply to a public water system with respect to which
at least 1 case of clinical health degradation occurs
during the 80-year period beginning on the date of
the promulgation of the maximum contaminant level
in the public served by the system as a result of ex-
posure to the combined exposure to all contaminants
regulated under this title that are known to pose a
chronic threat to human health (referred to in this
section as ‘chronic contaminants’) found in the
water of the public water system.
‘‘(d) VULNERABILITY ASSESSMENT.—
‘‘(1) ASSESSMENT.—Each primary drinking
water regulation promulgated pursuant to subsection
(a) that—
‘‘(A) includes a standard for a chronic con-
taminant; or
‘‘(B) requires the application of treatment
or source protection,
may include requirements for a vulnerability assess-
ment.
‘‘(2) DRINKING WATER REQUIREMENTS LINKED
TO ASSESSMENT.—Each drinking water requirement
under the national primary drinking water regula-
tions promulgated under subsection (a) shall take
into account a realistic estimation of the vulner-
ability of a public water system to each contaminant
that is the subject of the requirement.
‘‘(3) CLASSES OF PUBLIC WATER SYSTEMS VUL-
NERABLE TO RISKS.—The Administrator may de-
clare a class of public water systems vulnerable to
risks. The Administrator shall delegate to each State
with primary enforcement authority under this title
the authority to determine whether a specific public
water system is vulnerable in a case in which site-
by-site judgment is required, or in a case in which
site-specific or State-specific conditions exclude the
public water system from the class.
‘‘(e) TECHNOLOGY.—
‘‘(1) IN
GENERAL.—The national primary
drinking water regulations promulgated pursuant to
subsection (a) shall be based on the use of the best
technology, treatment techniques, and other means
that the Administrator determines to be available
after examining the technology, treatment technique,
or other means for efficacy under field conditions
and not solely under laboratory conditions.
‘‘(2) 
APPLICATION
OF
DRINKING
WATER
TREATMENT REQUIREMENTS AND SOURCE PROTEC-
TION.—The Administrator shall require application
of a treatment requirement and source protection re-
quirement promulgated pursuant to paragraphs (2)
and (3), respectively, of subsection (a) and subject
to variances and exemptions, if—
‘‘(A) the application of the best available
water treatment technology cannot reduce am-
bient levels of a contaminant that are rep-
resentative of the ambient levels of the contami-
nant in public water systems to the maximum
contaminant level that would otherwise be pro-
mulgated for the contaminant pursuant to sub-
section (a)(1); or
‘‘(B) commercially available water quality
analytical methods are not capable of reliable
quantification at the maximum contaminant
level that would otherwise be promulgated at
reasonable costs to consumers in all sizes of
public water systems.
‘‘(f) INCREMENTAL NET BENEFITS.—
‘‘(1) ANALYSIS.—
‘‘(A) IN
GENERAL.—In promulgating a
regulation pursuant to subsection (a), the Ad-
ministrator shall—
‘‘(i) examine the marginal or incre-
mental net benefits of proposed and final
regulatory alternatives; and
‘‘(ii) include information on the analy-
sis in a preamble that shall be included
with each proposed regulation and final
regulation.
‘‘(B) REQUIREMENTS FOR ANALYSIS.—The
analysis referred to in subparagraph (A) shall
be conducted at—
‘‘(i) the national level; and
‘‘(ii) for model public water systems
that are representative of the full range of
sizes of public water systems.
‘‘(2) VARIANCES AND EXEMPTIONS.—
‘‘(A) 
VARIANCES.—The 
Administrator
shall include in the national primary drinking
water regulations promulgated under subsection
(a) criteria for use by a primary enforcement
agency to grant a routine variance to a public
water system, as authorized by section 1415.
‘‘(B) APPLICATION OF CRITERIA.—The cri-
teria referred to in subparagraph (A) may be
used in a case in which—
‘‘(i) the level of the individual lifetime
risk with respect to a contaminant exceeds
the applicable maximum containment level,
but remains less than 1 in 1,000; and
‘‘(ii) for any exemption issued under
section 1416, the marginal or incremental
cost to a public water system subject to the
exemption is significantly greater than the
sum of the marginal or incremental benefit
to the
consumers served by the public
water system.
‘‘(C) EXEMPTIONS.—The Administrator
shall include in the national primary drinking
water regulations promulgated under subsection
(a) criteria for use by a primary enforcement
agency to grant a routine exemption to a public
water system, as authorized by section 1416 in
a case described in subparagraph (B)(ii). The
Administrator shall include criteria necessary to
determine whether the public water system can
reasonably be expected to comply with the
drinking water regulation, taking into consider-
ation—
‘‘(i) financial and economic conditions;
or
‘‘(ii) risk-management priorities and
inefficiencies.
‘‘(g) EFFECTIVE DATE OF REGULATIONS.—Subject
to subsection (l), the Administrator shall determine the
effective date of the national primary drinking water regu-
lations promulgated pursuant to this section, taking into
account the period of time necessary for—
‘‘(1) the appropriate officials of public drinking
water systems to plan, design, finance, and build
projects or adjust operating practices; and
‘‘(2) States to adopt new regulations.
‘‘(h) NO PREVENTIVE HEALTH CARE ADDITIVES.—
No national primary drinking water regulation promul-
gated under subsection (a) may require the addition of any
substance for preventive health care purposes that is not
related to the removal or avoidance of contaminants in
drinking water.
‘‘(i) ADMINISTRATIVE PROCEDURES.—The regula-
tions promulgated under subsection (a) shall be promul-
gated in accordance with section 553 of title 5, United
States Code, except that the Administrator shall provide
an opportunity for a public hearing prior to the promulga-
tion of the regulations.
‘‘(j) CONSULTATION AND ADVICE.—
‘‘(1) SECRETARY
AND
NATIONAL
DRINKING
WATER ADVISORY COUNCIL.—In proposing and pro-
mulgating regulations under subsection (a), the Ad-
ministrator shall consult with the Secretary and the
National Drinking Water Advisory Council.
‘‘(2) SCIENCE ADVISORY BOARD.—
‘‘(A) SOLICITATION OF COMMENTS.—The
Administrator shall request comments from the
Science Advisory Board (established under sec-
tion 8 of the Environmental Research, Develop-
ment, and Demonstration Authorization Act of
1978 (42 U.S.C. 4365)) prior to proposing any
national primary drinking water regulations
under subsection (a).
‘‘(B) RESPONSE.—If the Board responds
within a reasonable period of time after a re-
quest referred to in subparagraph (A), the find-
ings and recommendations of the Board shall
be included in the notice that accompanies the
proposal for national primary drinking regula-
tions.
‘‘(k) REVIEW OF REGULATIONS.—
‘‘(1) CONTINUATION OF REGULATIONS.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of enactment of this section,
the Administrator shall review the list of na-
tional primary drinking water regulations in ef-
fect on the date of enactment of this section
and order the continued implementation of reg-
ulations for each contaminant that, as of the
date of enactment of this section, meets the cri-
teria under subsection (a) for the promulgation
of national drinking water regulations on the
basis of the rulemaking record for the contami-
nant in existence on the date of enactment of
this section.
‘‘(B) JUDICIAL REVIEW.—An order of the
Administrator under subparagraph (A) shall
not be considered a rulemaking subject to sec-
tion 553 of title 5, United States Code, but
shall be subject to judicial review.
‘‘(C) SCOPE OF REVIEW.—A judicial re-
view of an order referred to in subparagraph
(A) shall be limited to whether the rulemaking
record of a contaminant reviewed pursuant to
subparagraph (A) is sufficient to support inclu-
sion of the contaminant under the order of the
Administrator.
‘‘(2) REGULATIONS NOT SUBJECT TO CONTIN-
UED
IMPLEMENTATION
ORDER.—Any contaminant
subject to regulation under the national primary
drinking water regulations promulgated under sub-
section (a) that is not regulated under an order au-
thorized in paragraph (1) shall be evaluated by the
Administrator and included under the National
Water Contaminant Health and Aesthetic Quality
Advisory 
Program 
established 
under 
section
1412(a).
‘‘(3) EFFECT OF SAFE DRINKING WATER ACT
AMENDMENTS.—
‘‘(A) IN GENERAL.—A regulation that has
been proposed, but not adopted, by the date of
enactment of this section pursuant to this title,
shall be published as part of the national pri-
mary drinking water regulations promulgated
under subsection (a) if the regulation meets the
criteria established in this section.
‘‘(B) DEADLINES.—Each statutory and
court ordered deadline for a regulation de-
scribed in subparagraph (A) in effect on the
day before the date of enactment of this section
shall remain in effect for the period specified in
the statute or court order, except that the Ad-
ministrator may extend a deadline referred to
in this sentence for a 6-month period beyond
the date specified for the regulation, if a signifi-
cant economic or risk assessment is required to
be carried out under this section.
‘‘(l) REVISION OF REGULATIONS.—
‘‘(1) IN GENERAL.—The Administrator may re-
vise the national primary drinking water regulations
promulgated under subsection (a), if on completion
of a review under paragraph (2), the Administrator
determines that a change in risk assessments, tech-
nology, treatment techniques, and water source pro-
tection supports revision or expansion of the regula-
tions on the basis of the criteria used to develop the
regulations, as described in this section.
‘‘(2) REVIEW OF NEW INFORMATION.—The Ad-
ministrator shall review relevant information con-
cerning risk assessments, technology, treatment
techniques, and water source protection that might
lead to the revision or expansion of the national pri-
mary drinking water regulations not later than 5
years after the date of enactment of this section,
and every 5 years thereafter. The Administrator
shall publish the findings of the review in the Fed-
eral Register and, if appropriate, an advance notice
of proposed rulemaking.
‘‘(3) PETITIONS FOR DEVELOPMENT OF ADDI-
TIONAL REGULATIONS.—
‘‘(A) IN
GENERAL.—Not later than 180
days after receipt of a petition for the develop-
ment and promulgation of additional national
primary drinking water regulations, the Admin-
istrator shall publish a response to the petition
in a notice in the Federal Register. The notice
shall—
‘‘(i) provide advance notice of pro-
posed rulemaking; or
‘‘(ii) state the basis for rejecting the
petition.
‘‘(B) FINAL
RULEMAKING
PROCESS
NOT
MANDATORY.—The commencement of a rule-
making process pursuant to a petition shall not
require the promulgation of a final national pri-
mary drinking water regulation if the criteria
for the revision of the national primary drink-
ing water regulations described in this section
are not met.’’.
SEC. 202. WATER SUPPLY PROTECTION PROGRAMS.
Section 1412 (42 U.S.C. 300g–1) is amended to read
as follows:
‘‘SEC. 1412. WATER SUPPLY PROTECTION PROGRAMS.
‘‘(a) NATIONAL WATER CONTAMINANT ADVISORY
PROGRAM.—
‘‘(1) 
ESTABLISHMENT.—The 
Administrator
shall establish a National Water Contaminant
Health and Aesthetic Quality Advisory Program (re-
ferred to in this section as the ‘Program’).
‘‘(2) DATA REPOSITORY.—In carrying out the
Program, the Administrator shall establish and
maintain a source of information that is easily acces-
sible to any interested person or entity concerning—
‘‘(A) contaminants that have been found in
potable water sources, finished water, water
treated by point-of-use and point-of-entry
equipment, and bottled water;
‘‘(B) the concentrations at which the con-
taminants have been found;
‘‘(C) the health effects and aesthetic char-
acteristics (as determined by the Administrator)
of the contaminants at various concentrations;
and
‘‘(D) the level of exposure for each con-
taminant (expressed as a concentration) that
the Administrator recommends as conserv-
atively protective to the most sensitive human
population (as defined and determined by the
Administrator) for—
‘‘(i) a one-time exposure;
‘‘(ii) a short-term exposure of approxi-
mately 1 week;
‘‘(iii) a long-term exposure of approxi-
mately 7 years; and
‘‘(iv) a lifelong exposure.
‘‘(3) 
CONSERVATIVELY
PROTECTIVE
EXPO-
SURES.—
‘‘(A) IN
GENERAL.—The Administrator
shall consider an exposure as conservatively
protective to the most sensitive human popu-
lation if, after application of a conservative fac-
tor of safety, the Administrator determines that
the exposure is not reasonably expected to pose
a meaningful threat of an adverse effect on
human health. For the purposes of this sub-
section, the Administrator may consider as con-
servatively protective an exposure that is great-
er than a level with no associated risk. The as-
sumption of zero exposure shall not be required
for considering an exposure as conservatively
protective.
‘‘(B) LONG-TERM
AND
LIFELONG
EXPO-
SURES.—In determining recommended long-
term and lifelong exposures for contaminants,
the Administrator may rely on information con-
cerning the relative marginal, or incremental
net benefits, of the alternatives for a represent-
ative range of sizes of water systems.
‘‘(4) NET BENEFITS.—Information concerning
the net benefits of reducing contamination to rec-
ommended long-term and lifelong levels shall be in-
corporated in the health and aesthetic quality data
repository in a manner that is easily understandable
and facilitates the use by officials of public drinking
water systems and the customers of the systems.
‘‘(5) SECONDARY
DRINKING
WATER
REGULA-
TIONS.—
‘‘(A) INCORPORATION OF DATA.—The data
repository shall incorporate data associated with
national secondary drinking water regulations
promulgated under this Act that are in effect
on the date of enactment of the Water Supply
Protection Act of 1993.
‘‘(B) RESCISSION OF SECONDARY REGULA-
TIONS.—On inclusion of the data described in
subparagraph (A) into the repository, the Ad-
ministrator shall publish a notice rescinding the
secondary regulations, including a reference to
the data repository.
‘‘(6) PRIMARY
DRINKING
WATER
REGULA-
TIONS.—
‘‘(A) INCORPORATION OF DATA.—Not later
than 1 year after the date of enactment of the
Water Supply Protection Act of 1993, the Ad-
ministrator shall incorporate into the data in-
cluded in the data repository, data associated
with national primary drinking water regula-
tions in effect on the date of enactment of such
Act that have not been promulgated as national
primary drinking regulations under section
1411A(a).
‘‘(B) REPEAL.—On inclusion of the data
described in subparagraph (A) into the data re-
pository, the Administrator shall publish a no-
tice rescinding the regulations referred to in
subparagraph (A). The notice shall include a
reference to the data repository.
‘‘(7) ELECTRONIC ACCESS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the data repository may be in the
form of an electronically accessible database.
‘‘(B) NONELECTRONIC ACCESS.—The Ad-
ministrator shall ensure the availability of
nonelectronic access to the data in the data re-
pository that allows reasonable access to the
data by interested persons and entities.
‘‘(8) CONTRACTING RESPONSIBILITY.—The Ad-
ministrator may enter into an agreement with a for-
profit or nonprofit entity for the maintenance of the
data repository under this subsection. An agreement
entered into under this paragraph shall be subject to
the following conditions:
‘‘(A) The requirements of this section shall
be fully satisfied.
‘‘(B) The Administrator or a representa-
tive of the Administrator shall serve in an advi-
sory capacity to the entity with regard to mat-
ters of the data repository.
‘‘(9) LIST OF CONTAMINANTS.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of the Water Sup-
ply Protection Act of 1993, and every 3 years
thereafter, the Administrator shall identify and
list not less than 15 contaminants that have, or
may have, entered into drinking water or drink-
ing water supply sources for which there is in-
sufficient scientific data to compile the informa-
tion required under paragraph (2).
‘‘(B) PUBLICATION.—The list referred to
in subparagraph (A) shall be published in the
Federal Register along with—
‘‘(i) a schedule for data collection and
evaluation; and
‘‘(ii) the amount of funds required for
timely completion of the data collection
and evaluation.
‘‘(C) SCHEDULE
OF
COLLECTION
OF
DATA.—The Administrator shall collect and
evaluate the data referred to in subparagraph
(B) not later than 5 years after the date of
publication of the list pursuant to subparagraph
(B), unless the Administrator demonstrates
that the funds authorized for the data collection
and evaluation were insufficient or were not
made available during the period specified in
this subparagraph.
‘‘(b) NATIONAL WATER TREATMENT TECHNOLOGY
ADVISORY PROGRAM.—
‘‘(1) 
ESTABLISHMENT.—The 
Administrator
shall establish a National Water Treatment Tech-
nology Advisory Program (referred to in this sub-
section as the ‘Program’).
‘‘(2) DATA REPOSITORY.—In carrying out the
Program, the Administrator shall establish and
maintain a source of information that is easily acces-
sible to interested persons and entities concerning—
‘‘(A) the nature, efficacy, and cost of com-
mercially available treatment train designs, in-
cluding designs for central, point-of-entry, and
point-of-use treatment that are capable of re-
moving contaminants from drinking water or
preventing the entry into drinking water of con-
taminants from equipment, pipe, valve, faucet,
and fixture materials; and
‘‘(B) demonstrations or installations of
representative treatment train applications.
‘‘(3) ELECTRONIC ACCESS.—
‘‘(A) IN
GENERAL.—The data repository
referred to in paragraph (2) may be in the form
of an electronically accessible database.
‘‘(B) NONELECTRONIC ACCESS.—The Ad-
ministrator shall ensure the availability of
nonelectronic access to the data in the data re-
pository that allows reasonable access to the
data by interested persons and entities.
‘‘(4) CONTRACTING RESPONSIBILITY.—The Ad-
ministrator may enter into an agreement with a for-
profit or nonprofit entity for the maintenance of the
repository. An agreement entered into under this
paragraph shall be subject to the following condi-
tions:
‘‘(A) The requirements of this section shall
be fully satisfied.
‘‘(B) The Administrator or a representa-
tive of the Administrator shall serve in an advi-
sory capacity to the entity with regard to mat-
ters of the data repository.
‘‘(5) HIGHER EDUCATION CURRICULUM.—Not
later than 1 year after the date of enactment of the
Water Supply Protection Act of 1993, the Adminis-
trator shall develop a model curriculum for institu-
tions of higher education (as defined in section
1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)) concerning the design and packag-
ing of small flow treatment trains, including point-
of-use and point-of-entry devices.
‘‘(6) ANNUAL
COMPETITION.—The Adminis-
trator shall establish an annual competition to iden-
tify and demonstrate innovative solutions to water
treatment problems, especially low-cost solutions for
small water systems. To the extent practicable, the
competition shall be carried out through cooperative
activities between appropriate officials of the Federal
Government and private business concerns.
‘‘(c) NATIONAL DRINKING WATER SOURCE PROTEC-
TION MANAGEMENT PRACTICES ADVISORY PROGRAM.—
‘‘(1) 
ESTABLISHMENT.—The 
Administrator
shall establish a National Drinking Water Source
Protection Management Practices Advisory Program
(referred to in this section as the ‘Program’).
‘‘(2) DATA REPOSITORY.—In carrying out the
Program, the Administrator shall establish and
maintain a source of information that is easily acces-
sible to interested persons and entities concerning—
‘‘(A) the nature, efficacy, and cost of pollu-
tion prevention, pollution control, and relevant
land-use strategies known, or expected, to pre-
vent the contamination of drinking water
sources;
‘‘(B) demonstrations or applications of
representative source protection practices; and
‘‘(C) recommended source protection and
management practices associated with common
contaminant scenarios (as defined and deter-
mined by the Administrator).
‘‘(3) ELECTRONIC ACCESS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the data repository established
under paragraph (2) may form an electronically
accessible database.
‘‘(B) NONELECTRONIC ACCESS.—The Ad-
ministrator shall ensure the availability of
nonelectronic access to the data repository that
allows reasonable access to the data by inter-
ested persons and entities.
‘‘(4) CONTRACTING RESPONSIBILITY.—The Ad-
ministrator may enter into an agreement with a for-
profit or nonprofit entity for the maintenance of the
repository. An agreement entered into under this
paragraph shall be subject to the following condi-
tions:
‘‘(A) The requirements of this section shall
be fully satisfied.
‘‘(B) The Administrator or a representa-
tive of the Administrator shall serve in an advi-
sory capacity to the entity with regard to mat-
ters of the data repository.
‘‘(5) HIGHER EDUCATION CURRICULUM.—Not
later than 2 years after the date of enactment of the
Water Supply Protection Act of 1993, the Adminis-
trator shall develop a model curriculum concerning
drinking water source management and protection
for institutions of higher education (as defined in
section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
‘‘(6) COMPETITION.—The Administrator shall
establish an annual contest to identify and dem-
onstrate innovative solutions to water source protec-
tion problems. To the extent practicable, the contest
shall be jointly sponsored by government and private
business.
‘‘(7) EMPLOYEE.—The Administrator may re-
quire a State to, as a condition to maintaining pri-
mary enforcement authority under this title, employ
at least 1 individual who has the responsibility for
carrying out all of the following activities:
‘‘(A) Coordinating State and Federal un-
derground sources of drinking water protection
programs in the State.
‘‘(B) Maintaining information concerning
the ground water source protection activities
within the State.
‘‘(C) Facilitating risk management analy-
sis of the ground water source protection activi-
ties.’’.
SEC. 203. IMPLEMENTATION AMENDMENTS.
(a) VARIANCES.—Section 1415 (42 U.S.C. 300g–4)
is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘, because of characteris-
tics of the raw water sources which are reason-
ably available to the systems,’’;
(B) by striking ‘‘. A variance may only be
issued to a system after the system’s’’ and in-
serting the following: ‘‘despite reductions that
could reasonably be expected from’’; and
(C) by striking all after ‘‘Before a sched-
ule’’ and inserting the following: ‘‘A schedule
for full compliance shall not be required to be
prepared pursuant to this subparagraph if the
risk posed by the contaminant is de minimis.’’;
and
(2) by striking subparagraph (C) of paragraph
(1) and inserting the following new subparagraph:
‘‘(C)(i) Subject to clause (ii), before a variance
proposed to be granted by a State under subpara-
graph (A) or (B) may be granted, the State shall
provide notice and an opportunity for public com-
ment on the proposed variance. The notice may
cover the granting of variances for as many water
systems as the State may have received requests
from during the 1-year period preceding the date of
the notice.
‘‘(ii) No notice or hearing shall be required
under this subparagraph if a representative of a
public water system provides documentation that the
public water system is eligible for a variance under
the applicable primary drinking water regulation.
The documentation required, and review conducted,
under this subparagraph shall facilitate an expedi-
tious and inexpensive procedure, with respect to the
activities required for the public water system that
submits an application to the primary enforcement
authority that carries out the processing of the docu-
mentation. An expeditious and inexpensive procedure
under this subparagraph may include a procedure by
which the privacy enforcement authority uses a
checklist and a certification of correctness by a li-
censed professional engineer.
‘‘(iii) The State may append reasonable condi-
tions to a variance, including additional and afford-
able monitoring requirements or an expiration date
(in the absence of a schedule).
‘‘(iv) Each State shall annually notify the Ad-
ministrator of each variance granted under this sec-
tion by the State. The notification shall include the
reason for each variance granted by the State.’’.
(b) EXEMPTIONS.—Section 1416 (42 U.S.C. 300g–
5) is amended—
(1) in subsection (b)(1), by striking ‘‘Before a
schedule’’ and all that follows through the end of the
paragraph;
(2) by redesignating paragraphs (2) through
(4) as paragraphs (3) through (5); and
(3) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2)(A) Subject to subparagraph (B), before an ex-
emption proposed to be granted by a State under sub-
section (a) may be granted, the State shall provide notice
and an opportunity for public comment on the proposed
exemption. The notice may cover the granting of exemp-
tions for as many public water systems as the State may
have received requests from during the 1-year period pre-
ceding the date of the notice.
‘‘(B) No notice or hearing shall be required under
this subparagraph if a representative of a public water
system provides documentation that the public water sys-
tem is eligible for an exemption under the applicable pri-
mary drinking water regulation. The documentation re-
quired, and review conducted, under this subparagraph
shall facilitate an expeditious and inexpensive procedure,
with respect to the activities required for the public water
system that submits an application to the primary enforce-
ment authority that carries out the processing of the docu-
mentation. An expeditious and inexpensive procedure
under this subparagraph may include a procedure by
which the privacy enforcement authority uses a checklist
and a certification of correctness by a licensed professional
engineer.
‘‘(C) The State may append reasonable conditions to
an exemption, including additional and affordable mon-
itoring requirements or an expiration date (in the absence
of a schedule).
‘‘(D) Each State shall annually notify the Adminis-
trator of each exemption granted under this section by the
State. The notification shall contain the reason for each
exemption granted by the State.’’; and
(4) in subsection (b)(2), by striking subpara-
graph (C) and inserting the following new subpara-
graph:
‘‘(C) An exemption granted to a public water system
under clause (i) or (ii) of subparagraph (B) may be re-
newed for one or more additional 2-year periods if the
Administrator determines that—
‘‘(i) the public water system—
‘‘(I) serves 500 or less service connections;
and
‘‘(II) needs financial assistance for the
necessary improvements; and
‘‘(ii) the appropriate official of the public water
system—
‘‘(I) establishes that the official is taking
all practicable steps to meet the requirements of
subparagraph (B); or
‘‘(II) installs effective point-of-use devices
and demonstrates, to the satisfaction of the
Administrator, that—
‘‘(aa) the devices are adequately oper-
ated and maintained; and
‘‘(bb) the flow resulting from the ac-
tual use of the devices constitutes an ap-
propriate percentage of expected ingested
water at the installation site.’’.
(c) PUBLIC NOTIFICATION.—Section 1414(c) (42
U.S.C. 300g–3(c)) is amended by striking all after ‘‘The
Administrator shall by regulation’’ through the end of the
subsection, and inserting the following:
‘‘Not later than 18 months after the date of enactment
of the Water Supply Protection Act of 1993, the Adminis-
trator shall revise the regulations promulgated under sec-
tion 1414(c)(2) to provide for notice pursuant to sub-
section (a).
‘‘(d)(1) Notice of a violation of the maximum con-
taminant level or of any other violation resulting in an
unacceptable level of risk to public health and welfare shall
be given as soon as is practicable after the violation oc-
curs, in a manner selected by the public water system and
approved by the State.
‘‘(2) Notice of all other violations of any requirement
of this title shall be provided in an annual report in such
form, and in such manner as the State may determine
pursuant to paragraph (3).
‘‘(3) The Administrator shall provide model language
for inclusion in each notice issued pursuant to this sub-
section, but the form and content of the notice shall be
determined by the public water system with the approval
of the State.’’.
(d) CITIZEN SUITS.—Section 1449(b)(1) (42 U.S.C.
300j–8(b)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A); and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) if the water system is under an ad-
ministrative compliance order, or an adminis-
trative or judicial consent decree, and is in com-
pliance with the terms of the order or decree;’’.
(e) TAMPERING.—Section 1432(d) (42 U.S.C.
300i–1) is amended—
(1) in paragraph (1), by striking ‘‘or’’;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) to introduce a contaminant into the dis-
tribution system, by means of reinjection of delivered
water, that would pose an unacceptable risk to pub-
lic health or welfare; or’’.
(f) LABORATORY AND OPERATOR CERTIFICATION.—
The Public Health Service Act (42 U.S.C. 201 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 1452. LABORATORY AND OPERATOR CERTIFICATION.
‘‘(a) WATER SYSTEM OPERATORS.—
‘‘(1) IN
GENERAL.—After consultation with
representatives of the States, the Administrator shall
prescribe such regulations as are necessary or appro-
priate to ensure the national certification of public
water system operators.
‘‘(2) CERTIFICATION.—
‘‘(A) 
ADMINISTRATION.—The 
Adminis-
trator may authorize the national certification
program under this subsection to be adminis-
tered by a for-profit or nonprofit entity if the
Administrator or a representative of the Admin-
istrator serves in an advisory capacity to the
entity with respect to matters of certification.
‘‘(B) STATE CERTIFICATION.—An individ-
ual certified under the national certification
program shall be deemed to be certified in each
State with primary enforcement authority.
‘‘(b) ANALYTICAL LABORATORIES.—
‘‘(1) IN
GENERAL.—The Administrator shall
prescribe such regulations as are necessary or appro-