I
103D CONGRESS
2D SESSION
H. R. 4314
To reauthorize the Safe Drinking Water Act.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1994
Ms. LAMBERT (for herself, Mr. SYNAR, and Mr. STUDDS) introduced the
following bill; which was referred to the Committee on Energy and Commerce
A BILL
To reauthorize the Safe Drinking Water Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Safe Drinking Water Reform Act of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents; references.
Sec. 2. Definitions.
Sec. 3. State revolving funds.
Sec. 4. State source water programs.
Sec. 5. Exemptions for public water systems.
Sec. 6. Protection from cryptosporidium.
Sec. 7. Small system best available technology.
Sec. 8. Sanitary surveys.
Sec. 9. Drinking water research, education, and certification.
Sec. 10. Occurrence data base.
Sec. 11. Monitoring for unregulated contaminants.
Sec. 12. National drinking water regulations.
Sec. 13. State drinking water program.
Sec. 14. State programs for assuring system viability.
Sec. 15. Emergency plans.
Sec. 16. Internal system sources of contamination.
Sec. 17. Reports to EPA.
Sec. 18. Enforcement.
(c) REFERENCES TO TITLE XIV OF THE PUBLIC
HEALTH SERVICE ACT.—Except as otherwise expressly
provided, whenever 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 title
XIV of the Public Health Service Act (commonly known
as the ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et
seq.).
SEC. 2. DEFINITIONS.
Section 1401 is amended by adding the following new
paragraphs at the end thereof:
‘‘(15) The term ‘community water system’
means a public water system which serves at least
15 service connections used by year-round residents
or regularly serves at least 25 year-round residents.
‘‘(16) The term ‘non-community water system’
means a public water system that is not a commu-
nity water system.
‘‘(17) The term ‘underground source of drink-
ing water’ means an aquifer or portion thereof—
‘‘(A) which supplies any public water sys-
tem; or
‘‘(B) which contains a sufficient quantity
of ground water to supply a public water sys-
tem and (i) currently supplies drinking water
for human consumption or (ii) contains fewer
than 10,000 mg/l total dissolved solids.
‘‘(18) The term ‘State Source Water Assess-
ment Program’ means a State program which meets
the requirements of section 1428.
‘‘(19) The term ‘drinking water protection area’
means, for any community water system, any sur-
face or subsurface area from or through which con-
taminants may reasonably be anticipated to move to-
ward, and enter, the system. Such term includes any
drinking water basin or ground water area, such as
an aquifer recharge area or the surface and sub-sur-
face area surrounding a water well or well field sup-
plying a community water system.
‘‘(20) The term ‘source waters’ means the wa-
ters entering a community water system.’’.
SEC. 3. STATE REVOLVING FUNDS.
Section 1443 is amended by redesignating subsection
(c) as (d) and by adding the following new subsection after
subsection (b):
‘‘(c) STATE REVOLVING FUNDS.—
‘‘(1) GENERAL AUTHORITY.—
‘‘(A) GRANTS TO STATES TO ESTABLISH
REVOLVING
FUNDS.—The Administrator shall
enter into agreements with States having pri-
mary enforcement responsibility for public
water systems to make capitalization grants, in-
cluding letters of credit, to the States under
this subsection to further the health protection
objectives of this Act. The grants shall be allot-
ted to the States in accordance with this section
and deposited in drinking water treatment re-
volving funds established by the State.
‘‘(B) USE OF FUNDS.—Amounts deposited
in such revolving funds, including loan repay-
ments and interest earned on such amounts,
shall be used only for providing loans or other
financial assistance of any kind or nature that
the State deems appropriate to public water
systems. Such financial assistance may be used
by a public water system only for expenditures
(not including operation, and maintenance ex-
penditures and not including monitoring, except
as provided in section 1430(b)(2)) of a type or
category which the Administrator has deter-
mined, through guidance, will facilitate compli-
ance with national primary drinking water reg-
ulations applicable to such system under section
1411 or otherwise significantly further the
health protection objectives of this title. 15 per-
cent of the amount credited to any revolving
fund established under this section in any fiscal
year shall be available solely for providing loan
assistance to public water systems which regu-
larly serve less than 10,000 individuals.
‘‘(C) FUND
MANAGEMENT.—Each State
revolving fund under this subsection shall be es-
tablished, maintained, and credited with repay-
ments and interest. The fund corpus shall be
available in perpetuity for providing financial
assistance under this section. To the extent
amounts in each such fund are not required for
current obligation or expenditure such amounts
shall be invested in interest bearing obligations
of the State or of the United States. The Ad-
ministrator and the States shall take such steps
as may be necessary to insure that amounts
made available under this subsection are depos-
ited in State revolving funds and earning inter-
est as promptly as practicable after the com-
mencement of the fiscal year in which such
funds are made available.
‘‘(D) GRANTS FROM REVOLVING FUNDS.—
A State may not provide assistance in the form
of grants from a State revolving fund estab-
lished under this subsection in an aggregate
amount which exceeds the sum of any interest
collected on deposits in such State revolving
fund plus amounts deposited in such fund by
the State pursuant to paragraph (3). Such
grants may only be made to public water sys-
tems owned by a governmental or inter-govern-
mental agency, a non-profit organization, an In-
dian tribe, or any combination thereof which
the State finds to be experiencing financial
hardship.
‘‘(E) INVESTOR-OWNED
PUBLIC
WATER
SYSTEMS.—In the case of any public water sys-
tem not owned by a governmental or inter-gov-
ernmental agency, a non-profit organization, an
Indian tribe, or any combination thereof, the
State may provide assistance from a State re-
volving fund under this subsection only to those
systems having the greatest public health needs
and financial need. The State may provide loan
assistance to any such system from such a
State revolving fund only after making a deter-
mination that the system has the ability to
repay the loan according to its terms and condi-
tions. States are authorized to require such sys-
tems to identify a dedicated source for repay-
ment of the loans and to impose such other re-
quirements as may be necessary to assure loan
repayment.
‘‘(2) SPECIFIC REQUIREMENTS.—The Adminis-
trator shall enter into an agreement with a State
under this subsection only after the State has estab-
lished to the satisfaction of the Administrator that—
‘‘(A) the State will deposit all grants re-
ceived from the Administrator under this sub-
section, together with all repayments and inter-
est on such grants, in a drinking water treat-
ment revolving fund established by the State in
accordance with this subsection; and
‘‘(B) no loan or other financial assistance
will be provided to a public water system from
such revolving fund to be used for any expendi-
ture that could be avoided or significantly re-
duced by appropriate consolidation of that pub-
lic water system with any other public water
system, except that in such cases such assist-
ance may be provided from the revolving fund
for such consolidation.
The Administrator, in consultation with the States
and public water systems, shall establish criteria to
be applied in determining when the consolidation of
public water systems is appropriate.
‘‘(3) STATE
CONTRIBUTION.—In the case of
grants made after fiscal year 1994, each agreement
under this subsection shall require that the State de-
posit in the fund from State moneys an amount
equal to at least 20 percent of the total amount of
the grant to be made to the State on or before the
date on which the grant payment is made to the
State.
‘‘(4) COMBINED FINANCIAL ADMINISTRATION.—
Notwithstanding subparagraph (A) of paragraph
(2), a State may combine the financial administra-
tion of a revolving fund established under this sub-
section with the financial administration of any
other revolving fund established by the State if the
Administrator determines that—
‘‘(A) the grants under this subsection, to-
gether with loan repayments and interest, will
‘‘(B) The Administrator shall publish such
guidance and promulgate such regulations as may be
necessary to carry out the provisions of this section,
including—
‘‘(i) provisions to ensure that each State
commits and expends funds from revolving
funds established under this subsection in ac-
cordance with this Act and applicable Federal
and State laws,
‘‘(ii) guidance to prevent waste, fraud, and
abuse, and
‘‘(iii) guidance to avoid the use of funds
made available under this subsection to finance
the expansion of any public water system in an-
ticipation of future population growth.
Such guidance and regulations shall also insure that
the States, and public water systems receiving as-
sistance under this subsection, use accounting, audit,
and fiscal procedures that conform to generally ac-
cepted accounting standards.
‘‘(C) Each State administering a revolving fund
and assistance program under this subsection shall
publish and submit to the Administrator a report
every 2 years on its activities under this subsection,
including the findings of the most recent audit of
the fund. The Administrator shall periodically audit
all revolving funds established under this subsection
in accordance with procedures established by the
Comptroller General.
‘‘(6) NEEDS SURVEY.—The Administrator shall
conduct an assessment of financial needs of all pub-
lic water systems in the United States and submit
a report to the Congress containing the results of
such assessment within 2 years after the date of the
enactment of this subsection.
‘‘(7) INDIAN TRIBES.—One and 1⁄2 percent of
the amounts appropriated to carry out this sub-
section may be used by the Administrator to make
grants to Indian Tribes and Alaskan Native Villages
which are not eligible to receive either capitalization
grants from the Administrator under this subsection
or assistance from State revolving funds established
under this subsection. Such grants shall be used for
expenditures by such tribes and villages for public
water system expenditures referred to in paragraph
(1)(B).
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
the purposes of this subsection $599,000,000 for the
fiscal year 1994 and $1,000,000,000 for each of the
fiscal years 1995, 1996, and 1997, and such sums
as may be necessary thereafter.
‘‘(9) DEFINITION.—For purposes of this sub-
section, the term ‘State’ does not include the Dis-
trict of Columbia, the Virgin Islands, the Northern
Mariana Islands, American Samoa, Guam, and the
Trust Territory of the Pacific Islands. For purposes
of this subsection, the Administrator may treat any
Alaskan Native Village as a State in the same man-
ner as provided in section 1451 in the case of Indian
Tribes.’’.
SEC. 4. STATE SOURCE WATER PROGRAMS.
(a) IN GENERAL.—Strike section 1428 and insert the
following after section 1427:
‘‘Subpart 2—State Source Water Assessment and
Pollution Prevention Programs
‘‘SEC. 1428. STATE SOURCE WATER ASSESSMENT PRO-
GRAMS.
‘‘(a) STATE SOURCE WATER ASSESSMENT PRO-
GRAMS.—The Governor of each State shall, within 2 years
after the date of enactment of this section, adopt and sub-
mit to the Administrator a State Source Water Assess-
ment Program. Each such program shall, at a minimum—
‘‘(1) ensure the implementation, within 4 years
after such date, (according to a written plan, with
schedules and milestones) of a local source water as-
sessment program under subsection (b) for each
community water system within the State;
‘‘(2) provide for coordination among Federal,
State and local agencies with authority over ground
water and surface water and address priority-set-
ting, data collection and management; and
‘‘(3) delineate all drinking water protection
areas within the State.
The Administrator shall issue guidance within 12 months
after enactment of this section to assist States in develop-
ing and implementing State Source Water Assessment
Programs.
‘‘(b) LOCAL SOURCE WATER ASSESSMENT PRO-
GRAMS.—A local source water assessment program under
this subsection shall include each of the following
elements:
‘‘(1) The program shall designate a local or re-
gional management entity for each area delineated
(as provided in subsection (a)) as a drinking water
protection area for any community water system or
systems. The local or regional management entity
shall be authorized to manage the local source water
assessment program for the drinking water protec-
tion area in cooperation with the community water
system or systems for which such area has been de-
lineated.
‘‘(2) The program shall assess the susceptibility
of such community water system or systems to con-
tamination from sources, or categories of sources, of
contamination located within the drinking water pro-
tection area.
‘‘(3) The program shall ensure public education
and participation to inform the customers of such
community water system or systems of the contami-
nation concerns within the drinking water protection
areas.
‘‘(c) APPROVAL.—
‘‘(1) IN GENERAL.—Within 9 months after re-
ceipt of a State Source Water Assessment Program,
the Administrator shall approve or disapprove the
State Program. If, in the judgment of the Adminis-
trator, the program (or any portion thereof) meets
the requirements of this section the Administrator
shall approve such program (or portion thereof).
‘‘(2) ADDITIONAL AUTHORITIES OF THE ADMIN-
ISTRATOR.—If a State fails to submit or implement
a State Source Water Assessment Program that
meets the requirements of this section, the Adminis-
trator may—
‘‘(A) withhold capitalization grants, includ-
ing letters of credit, to the States under section
1443(c) (relating to State revolving funds);
‘‘(B) delineate drinking water protection
areas in the State; or
‘‘(C) take any combination of the foregoing
actions.
‘‘(3) EPA REVIEW OF STATE PROGRAMS.—At
3-year intervals after the approval of a State Source
Water Assessment Program, the State shall submit
to the Administrator a status report concerning the
implementation of the program. The report shall in-
clude any amendments to the program during the 3-
year period covered by the report.
‘‘SEC. 1429. STATE DRINKING WATER POLLUTION PREVEN-
TION PROGRAMS; MONITORING RELIEF.
‘‘(a) STATE DRINKING WATER POLLUTION PREVEN-
TION PROGRAMS.—A State with primary enforcement re-
sponsibility under this part and an approved Source Water
Assessment Program may apply to the Administrator for
approval of a State Drinking Water Pollution Prevention
Program under this section. The State Drinking Water
Pollution Prevention Program shall specify each of the
following:
‘‘(1) Procedures used by the State to issue or
deny monitoring relief under subsection (c) based on
the existence of local drinking water pollution pre-
vention programs. Such procedures shall specify that
monitoring relief under subsection (c) be available
only if a local drinking water pollution prevention
program is designed to ensure that drinking water
maximum contaminant levels will not be violated.
States may establish different procedures or alter-
native criteria for pollution prevention programs for
systems serving less than 3,300 persons.
‘‘(2) Any additional State requirements or eligi-
bility criteria applicable to local drinking water pol-
lution prevention programs in order to receive mon-
itoring relief.
‘‘(3) A form for application for monitoring re-
lief based on the existence of a local drinking water
pollution prevention program.
‘‘(4) The availability of community technical as-
sistance for local drinking water systems.
‘‘(b) APPROVAL OF STATE DRINKING WATER POL-
LUTION PREVENTION PROGRAMS.— The Administrator
shall, by regulation, prescribe the form and manner in
which a State shall apply for approval of a State Drinking
Water Pollution Prevention Program under this section.
Within 9 months after receipt of a State Drinking Water
Pollution Prevention Program, the Administrator shall ap-
prove or disapprove the State Program. If, in the judg-
ment of the Administrator, the program (or any portion
thereof) meets the requirements of this section and the
Administrator’s regulations promulgated under this sec-
tion, the Administrator shall approve such program (or
portion thereof). The Administrator shall prescribe such
regulations as the Administrator deems necessary for a
State’s Drinking Water Pollution Prevention Program and
for the alternative monitoring to be permitted under such
program, including regulations requiring limited baseline
monitoring by public water systems for each contaminant
covered by the alternative monitoring.
‘‘(c) MONITORING RELIEF.—Any State with an ap-
proved State Drinking Water Pollution Prevention Pro-
gram may establish tailored monitoring (hereinafter in
this section referred to as ‘monitoring relief’) for public
water systems within the State the source waters of which
are covered by local drinking water pollution prevention
programs which meet the requirements of subsection (d).
The State shall approve monitoring relief for a specific
contaminant for a system only if monitoring demonstrates
that the contaminant is not present in the water supply
or, if present, is reliably and consistently at levels substan-
tially below the maximum contaminant level, taking into
account seasonal variations in contaminant levels. If a
contaminant covered by the monitoring relief program is
detected at levels above or close to the maximum contami-
nant level, the program shall provide that the public water
system must either—
‘‘(1) demonstrate that the contamination source
has been removed or remedied to eliminate the con-
tamination problem, or
‘‘(2) test for the detected contaminant pursuant
to monitoring regulations applicable under this part
to systems without monitoring relief for the detected
contaminant.
Monitoring relief under this section shall not apply to
microbiological contaminants or to contaminants caused in
part by the treatment or distribution of drinking water
(including corrosion byproducts, disinfection byproducts,
and lead).
‘‘(d) LOCAL DRINKING WATER POLLUTION PREVEN-
TION PROGRAMS.—For purposes of this Act, the term
‘local drinking water pollution prevention program’ means
a program which includes a local source water assessment
program under section 1428, together with each of the fol-
lowing additional elements:
‘‘(1) A detailed inventory of contamination
sources, and a vulnerability assessment, for the
drinking water protection area.
‘‘(2) Requirements for establishment and adop-
tion of management measures to assure pollution
prevention for significant sources of contaminants
within the drinking water protection area, including
each source in any category for which guidance is
provided by the Administrator. Such requirements
shall give a priority to contaminants covered by the
alternative monitoring program which are detected
at meaningful levels in the system’s drinking water.
‘‘(3) Ongoing surveillance activities within the
drinking water protection area and field monitoring
periodically of significant contamination sources.
‘‘(4) Reviews and updates of the program, in-
cluding the source inventory and vulnerability as-
sessment, to identify and control new and evolving
significant sources of contamination.
‘‘(5) Public education activities to inform the
customers of such community water system or sys-
tems of the contamination concerns within the
drinking water protection area and the pollution pre-
vention management measures available which could
be utilized to address these concerns.
The Administrator shall issue, within 12 months after en-
actment of this section, guidance to describe, for different
categories of significant sources of contamination, pollu-
tion prevention management measures for drinking water
protection areas, and shall ensure consistency with other
applicable Federal programs.
‘‘(e) SMALL SYSTEM POLLUTION PREVENTION PRO-
GRAMS.—Requirements for drinking water pollution pre-
vention programs for systems serving under 3,300 persons
may vary based on State criteria.
‘‘SEC. 1430. GENERAL PROVISIONS RELATING TO SOURCE
WATER ASSESSMENT AND DRINKING WATER
POLLUTION PREVENTION.
‘‘(a) PUBLIC PARTICIPATION.—Each State Source
Water Assessment Program and each local source water
assessment or local drinking water pollution prevention
program under this subpart shall include procedures to en-
courage the public to participate in developing the pro-
gram. Such procedures shall include notice and oppor-
tunity for public hearing on such program before it is sub-
mitted to the Administrator (or to the State in the case
of a local assessment or pollution prevention program).
‘‘(b) FUNDING FOR LOCAL PROGRAMS.—Up to 10
percent of the amounts in a State Revolving Fund for
Drinking Water established under section 1443(c) may be
used for not more than 2 years—
‘‘(1) to assist local management entities for
drinking water protection areas designated under a
State’s approved Source Water Assessment Program
in developing and implementing local source water
assessment and local drinking water pollution pre-
vention programs; and
‘‘(2) to assist in paying the costs of source
water monitoring for any community water system
serving less than 3,300 persons for which a drinking
water pollution prevention program is in effect.
‘‘(c) NON-COMMUNITY WATER SYSTEMS.—The Ad-
ministrator shall encourage States to establish local drink-
ing water pollution prevention programs for all non-com-
munity water systems and shall provide technical and
other guidance to the States on means for achieving this
objective.
‘‘(d) GRANTS.—The Administrator shall make grants
to the States for not more than 90 percent of the costs
incurred by any State (as determined by the Adminis-
trator) in developing and implementing each approved
State Source Water Assessment Program and each ap-
proved State Drinking Water Pollution Prevention Pro-
gram.
‘‘(e) SAVINGS.—Nothing in this part shall be con-
strued to affect the Administrator’s authority to grant
monitoring relief pursuant to regulations in effect on the
date of the Safe Drinking Water Reform Act of 1994
under section 1412.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Title XIV is amended as follows:
(1) Strike the heading for part C and insert the
following:
‘‘PART C—DRINKING WATER POLLUTION
PREVENTION.
‘‘Subpart 1—Underground Injection’’.
(2) The table of contents is amended as follows:
(A) Strike the heading for part C and in-
sert the following:
‘‘PART C—DRINKING WATER POLLUTION PREVENTION
‘‘Subpart 1—Underground Injection’’.
(B) Strike the item relating to section
1428 and insert after the item relating to sec-
tion 1427 the following:
‘‘Subpart 2—State Source Water Assessment and Pollution Prevention
Programs
‘‘Sec. 1428. State source water assessment programs.
‘‘Sec. 1429. State Drinking Water Pollution Prevention Programs; monitoring
relief.
‘‘Sec. 1430. General provisions relating to source water assessment and drinking
water pollution prevention.’’.
SEC. 5. EXEMPTIONS FOR PUBLIC WATER SYSTEMS.
(a) EXEMPTIONS.—Section 1416(a) is amended by
striking ‘‘and’’ and the end of paragraph (2), striking the
period at the end of paragraph (3) and inserting ‘‘; and’’
and by adding the following at the end thereof:
‘‘(4) the source waters of the system are within
a drinking water protection area with a local drink-
ing water pollution prevention program established
and implemented in accordance with subpart 2 of
part C.
A State’s authority to grant exemptions under this sub-
section shall not apply to microbiological contaminants,
contaminants for which short-term exposure can cause
acute health effects, or to contaminants caused in part by
the treatment or distribution of drinking water (including
corrosion byproducts, disinfection byproducts, lead).’’
(b) PROCEDURES
AND
REQUIREMENTS.—Section
1416 is amended by striking subsections (b) through (g)
and inserting:
‘‘(b) ANALYSIS OF LOCAL DRINKING WATER POLLU-
TION PREVENTION PROGRAM.—An exemption under this
section shall be based on a written analysis demonstrating
that implementation of the local drinking water pollution
prevention program will result in—
‘‘(1) full compliance with the maximum con-
taminant level for each contaminant subject to the
exemption within a reasonable period not to exceed
5 years, and
‘‘(2) an interim supply of drinking water that
protects public health for the limited duration of the
exemption.
The analysis shall be prepared in accordance with regula-
tions issued by the Administrator and taking into account
seasonal variations in contaminant levels. Each State
which issues an exemption under this section shall prompt-
ly notify the Administrator of the exemption, including the
basis for the analysis under this subsection.
‘‘(c) STATE PROVISIONS.—An exemption under this
subsection for any public water system shall require imple-
mentation by the public water system of such control
measures and interim milestones as the State may require
for each contaminant subject to the exemption. Before
granting an exemption under this section, the State shall
provide public notice to each drinking water consumer and
an opportunity for comment. A notice given pursuant to
the preceding sentence may cover the granting of more
than one such exemption.’’.
SEC. 6. PROTECTION FROM CRYPTOSPORIDIUM.
Section 1412(b)(3) is amended by adding the follow-
ing new subparagraph at the end thereof:
‘‘(E) Not later than 3 years after the enactment of
this subparagraph the Administrator shall publish a maxi-
mum contaminant level goal and promulgate a national
primary drinking water regulation for cryptosporidium.
Paragraph (10) shall not apply for purposes of such regu-
lations but such regulations shall take effect within 30
months after the date of promulgation.’’.
SEC. 7. SMALL SYSTEM BEST AVAILABLE TECHNOLOGY.
(a) SMALL SYSTEM VARIANCES.—Section 1415 is
amended by adding at the end the following:
‘‘(e) SMALL SYSTEM VARIANCES.—(1) A State with
primary enforcement responsibility under this part may
grant to owners or operators of community water systems
variances under this subsection from maximum contami-
nant level requirements or treatment technique require-
ments if the systems comply with this subsection and the
regulations promulgated by the Administrator under this
subsection.
‘‘(2) Only community water systems which serve
fewer than 3,300 persons and which cannot comply with
national primary drinking water regulations through re-
structuring or obtaining alternate supplies of drinking
water shall be eligible for a variance under this subsection.
A variance under this subsection may be issued only if
the State finds that the variance would protect public
health, considering the limited duration of the variance.
‘‘(3) The Administrator shall promulgate regulations
regarding variances issued under this subsection. The reg-
ulations shall include each of the following—
‘‘(A) Procedures to be used by a State to issue
or deny such variances or to issue conditional ap-
proval of such a variance.
‘‘(B) Eligibility criteria for the variance, includ-
ing—
‘‘(i) the quality of source water and the
adequacy of drinking water pollution prevention
programs for eligible systems; and
‘‘(ii) the financial and technical capacity of
eligible systems, including operator qualifica-
tions.
‘‘(C) A form for applications for the variance,
and requirements respecting the time by which ap-
plications must be submitted.
‘‘(D) Requirements for the installation and
proper operation, by each system subject to the vari-
ance, of technology identified by the Administrator
as 
feasible 
(within 
the 
meaning 
of 
section
1412(b)(5)) for community water systems serving
fewer than 3,300 persons (referred to in this Act as
‘small system best available technology’).
In order to reduce costs, variances may be granted under
this subsection in a single process for more than one sys-
tem and any variance may cover individual contaminants
or categories of contaminants. Variances under this sub-
section shall be granted without regard to subsections (a)
through (d) of this section.
‘‘(4) No application for a variance under this sub-
section may be submitted after the date 2 years after the
later of the following:
‘‘(A) The date of promulgation of regulations
under paragraph (3).
‘‘(B) The date of promulgation of the maximum
contaminant level with respect to which such vari-
ance is issued.
‘‘(5) A variance under this subsection shall be in ef-
fect for 5 years except as provided in paragraph (6). Upon
the application of a system, a State may renew a variance
for additional 5-year terms upon a determination that the
system remains eligible for the variance and is conforming
to all conditions of the variance.
‘‘(6) A State shall at any time revoke a variance in
effect under this subsection if the State finds that the sys-
tem is no longer eligible for the variance, that the system
has failed to comply with any term or condition of the
variance, or that the continued application of the variance
would not protect public health.
‘‘(7) The failure or refusal of any person to comply
with any term or condition of a variance in effect under
this subsection shall be a violation of this Act.’’.
SEC. 8. SANITARY SURVEYS.
Section 1413(a)(2) is amended by inserting after ‘‘by
regulation’’ the following: ‘‘and such inspections as may
be necessary to comply with the ‘Guidelines for Sanitary
Surveys’ published by the Administrator’’. In the case of
States exercising primary enforcement responsibility
under section 1413 of the Safe Drinking Water Act, the
amendment made by the preceding sentence shall take ef-
fect on the date 18 months after the enactment of this
Act.
SEC. 9. DRINKING WATER RESEARCH, EDUCATION, AND
CERTIFICATION.
(a) 
PROFICIENCY
CERTIFICATION.—(1) 
Section
1413(a) is amended by striking ‘‘and’’ at the end of para-
graph (4), by striking the period at the end of paragraph
(5) and inserting a semicolon, and by adding the following
at the end thereof:
‘‘(6) has adopted and is implementing (within 1
year after the adoption of regulations under section
1442(h)) requirements for the certification of opera-
tors of all public water systems and laboratories con-
ducting tests pursuant to this part consistent with
the standards under section 1442(h); and’’.
(2) Section 1442 is amended by adding the following
at the end thereof:
‘‘(h) PROFICIENCY.—Not later than 2 years after the
date of the Safe Drinking Water Reform Act of 1994, the
Administrator shall publish regulations specifying mini-
mum standards for certification (and recertification) of
the operators of public water systems, laboratories con-
ducting tests pursuant to this Act, and such additional
personnel as may be designated by the Administrator.
Such regulations shall provide for alternative standards in
the case of programs in existence prior to the date of pro-
mulgation of the regulations. Such alternative standards
shall assure an equivalent level of proficiency.’’.
(b) AVAILABILITY
OF
TECHNOLOGIES.—Section
1442 is amended by adding the following new subsection
after subsection (g):
‘‘(h) AVAILABLE
TECHNOLOGIES.—Whenever the
Administrator promulgates a new national primary drink-
ing water standard under section 1412, the Administrator
shall simultaneously publish information identifying tech-
nologies available (if any) to meet such standard in the
case of public water systems serving 50,000 persons, pub-
lic water systems serving 10,000 persons, and public water
systems serving 3,300 persons.’’.
SEC. 10. OCCURRENCE DATA BASE.
Section 1445 is amended by adding the following at
the end thereof:
‘‘(g) OCCURRENCE DATA BASE.—Not later than 24
months after the enactment of this subsection, the Admin-
istrator shall assemble and maintain a national drinking
water occurrence data base, using monitoring data on the
occurrence of both regulated and unregulated contami-
nants in public water supply systems obtained under this
Act and information from other public and private
sources.’’.
SEC. 11. MONITORING FOR UNREGULATED CONTAMI-
NANTS.
(a) REVIEW AND REVISION.—Section 1445(a)(2) is
amended by adding the following at the end thereof: ‘‘The
Administrator shall review and, if necessary, revise the list
of unregulated contaminants under this paragraph within
24 months after the enactment of the Safe Drinking
Water Reform Act of 1994, and at least every 5 years
thereafter. Such list shall include no more than 40
contaminants.’’.
(b) OCCURRENCE DATA BASE.—Section 1445(a)(4)
is amended by adding at the end: ‘‘The State shall provide
such data to the Administrator for purposes of inclusion
in the occurrence data base under section 1445(g).’’.
SEC. 12. NATIONAL DRINKING WATER REGULATIONS.
(a) SELECTION OF NEW CONTAMINANTS FOR REGU-
LATION.—Section 1412(b)(3) is amended to read as
follows:
‘‘(3)(A)(i) The Administrator, in consultation with
the Science Advisory Board, shall select and publish a list
of no fewer than 15 unregulated contaminants that, in the
judgment of the Administrator, present the greatest public
health concern among unregulated contaminants for per-
sons served by public water systems. In making such selec-
tion, the Administrator shall consider the occurrence data
base established under section 1445(g) and contaminants
referred to in section 101(14) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 and pesticides registered under the Federal Insecti-
cide, Fungicide, and Rodenticide Act. The Administrator
may publish the initial list at any time after the date of
enactment of the Safe Drinking Water Reform Act of
1994, but shall publish such initial list not later than 1
year after such date.
‘‘(ii) After publication of the initial list, the Adminis-
trator shall, at 4-year intervals, select 12 or more addi-
tional contaminants for listing until such time as the Ad-
ministrator determines, by rule, that the unregulated con-
taminants that present a public health concern to public
water systems have been candidates for listing and have
been listed or rejected. Such determination may not be ini-
tiated before the year 2010. After such determination is
final, the Administrator may thereafter list additional con-
taminants at any time.
‘‘(iii) Each proposed list under clause (i) or (ii) shall
be published for public comment (which may include con-
sideration of substitutes for the list) for a period of at
least 60 days. The Administrator shall publish a final list
within 6 months after close of the public comment period
and not later than 1 year after publication of the proposed
list.
‘‘(iv) The Administrator’s decision to select or not se-
lect a contaminant for inclusion on the list shall not be
subject to judicial review.
‘‘(B)(i) Not later than 30 months after publication
of the final list of contaminants under subparagraph (A),
the Administrator shall propose and promulgate, by rule,
a determination whether or not to regulate each contami-
nant on such list, or added to the list. The Administrator
shall determine to regulate a contaminant on, or added
to, the list if, in the judgment of the Administrator—
‘‘(I) the contaminant is known to occur in pub-
lic water systems;
‘‘(II) based on the best available health infor-
mation, the contaminant occurs in public water sys-
tems in such concentration that it has or may have
any adverse effect on the health of persons; and
‘‘(III) the regulation of the contaminant would
present a meaningful opportunity for public health
risk reduction for persons served by public water
systems, taking costs into consideration.
‘‘(ii) The Administrator may extend, by notice in the
Federal Register, for up to 9 months the 30-month period
within which the Administrator is required to make a final
determination under clause (i) for any or all of the con-
taminants on the list.
‘‘(iii) The Administrator shall make a separate deci-
sion for each contaminant on the list, but such decision
may be made in a single consolidated rulemaking.
‘‘(iv) The Administrator may at any time determine
to regulate a contaminant not listed under subparagraph
(A) in accordance with clause (i).
‘‘(C) For each contaminant listed under subpara-
graph (A) that the Administrator has determined pursu-
ant to subparagraph (B) to regulate under this part, the
Administrator shall propose, simultaneously with the de-
termination or not later than 18 months thereafter, a
maximum contaminant level goal and national primary
drinking water regulation under the provisions of sub-
section (b)(4) and (5). The Administrator shall promul-
gate, by rule, a final maximum contaminant level goal and
national primary drinking water regulation under such
provisions within 18 months after the proposal. The Ad-
ministrator may extend, by notice in the Federal Register,
for up to 9 months, the 18-month period for promulgation
of a final goal and regulation for all contaminants or any
contaminant.
‘‘(D) 
The 
Administrator 
may 
publish 
health
advisories (which shall not be regulations) or take other
appropriate actions respecting contaminants not subject to
a national primary drinking water regulation.’’.
(b) REVIEW
OF
NATIONAL
PRIMARY
DRINKING
WATER REGULATIONS.—Section 1412(b)(9) is amended
to read as follows:
‘‘(9) National primary drinking water regulations (in-
cluding monitoring requirements) shall be amended when-
ever the Administrator determines that changes in tech-
nology, treatment techniques, and other means permit
greater protection of the health of persons, but in any
event such regulations shall be reviewed at least once every
5 years. Such review shall include an analysis of innova-
tions or changes in technology, treatment techniques or
health effects research and occurrence data that have oc-
curred over the previous 5-year period. The Administrator
shall publish the findings of such review in the Federal
Register.’’.
(c) REMOVAL OF REGULATION.—Section 1412(b)(3)
is amended by adding the following new paragraph at the
end thereof:
‘‘(E) The Administrator may remove a contaminant
from the list under subparagraph (A) and repeal the na-
tional primary drinking water standard for any such con-
taminant if the Administrator determines that such con-
taminant is not known to occur in public water systems
or has not been demonstrated to have any adverse health
effect on persons.’’.
(d) COMPLIANCE DATES.—Section 1412(b)(10) is
amended to read as follows:
‘‘(10) Within 24 months after the adoption of a na-
tional primary drinking water regulation under this sub-
section (or any amendments thereto) each State exercising
primary enforcement responsibility under section 1413
shall adopt corresponding State regulations under section
1413(a)(1). The Administrator shall specify the date upon
which public water systems must comply with each na-
tional primary drinking water regulation promulgated
under this subsection (or any amendments thereto). Such
compliance date may not be more than 36 months after
the date of promulgation, except that if the Administrator
determines that additional time is necessary for capital
improvements required to meet the national primary
drinking water regulations, the Administrator may estab-
lish a later compliance date. Such later date shall not be
later than 48 months after the date of promulgation (or
60 months in the case of systems serving less than 3,300
individuals). Each State with primary enforcement respon-
sibility may determine eligibility for any extension beyond
36 months. Nothing under this paragraph shall limit the
discretion of the Administrator to differentiate among the
compliance dates on the basis of system size or other fac-
tors considered appropriate by the Administrator, or to
establish interim compliance milestones.’’.
(e) PROTECTION OF CHILDREN, INFANTS, ETC.—
Section 1412(b) is amended by adding the following at the
end thereof:
‘‘(12) In promulgating and revising national primary
drinking water regulations under this section the Adminis-
trator shall assess and take into account children, infants,
pregnant women, the elderly, and highly susceptible or vul-
nerable populations. In promulgating each new standard
after the enactment of this paragraph, the Administrator
shall identify the impacts on such populations.’’.
SEC. 13. STATE DRINKING WATER PROGRAM.
(a) FUNDING.—(1) Section 1443(a)(4) is amended
by striking ‘‘number of public water systems’’ and by add-
ing the following after the first sentence: ‘‘The Adminis-
trator shall revise regulations regarding the allotments
under this paragraph in such manner as may be necessary
to provide incentives for the restructuring of nonviable
public water systems.’’.
(2) Section 1443(a)(7) is amended by adding the fol-
lowing at the end of the table:
‘‘1995 ................................................................................
$100,000,000
1996 ................................................................................
$100,000,000
1997 ................................................................................
$100,000,000
1998 ................................................................................
$100,000,000
1999 ................................................................................
$100,000,000
2000 ................................................................................
$100,000,000’’.
(b) STATE DRINKING WATER PROTECTION PROGRAM
FUNDS.—(1) Section 1443 is amended by redesignating
subsection (c) as (e) and inserting the following after sub-
section (b):
‘‘(c) STATE DRINKING WATER PROTECTION PRO-
GRAM FUNDS.—(1) Within 1 year of the date of promul-
gation of regulations under paragraph (2), and every 3
years thereafter, each State with primary enforcement re-
sponsibility shall submit to the Administrator a State im-
plementation and funding plan for carrying out primary
enforcement responsibilities and other requirements of
this Act during the 3 year period following the year in
which the plan is submitted. In each year other than a
year in which such a plan is submitted, each such State
shall submit a report describing the progress made in car-
rying out the plan. The State shall also establish a State
Drinking Water Protection Fund in accordance with para-
graph (2)(C) unless the State determines that other fund-
ing sources are sufficient.
‘‘(2) The Administrator shall promulgate regulations
within 18 months of the date of enactment of this section
establishing each of the following.—
‘‘(A) The form and content for the State plans
referred to in this subsection.
‘‘(B) Minimum program performance objectives
for State safe drinking water programs, including
criteria for determining sufficient State program re-
sources.
‘‘(C) Requirements for establishment of State
Drinking Water Protection Funds, including provi-
sions governing the structure and financial manage-
ment of State drinking water implementation funds.
‘‘(3) Each State Drinking Water Protection Fund es-
tablished under this subsection shall be dedicated solely
for use by the State to cover the cost of services directly
related to primary enforcement responsibilities and other
requirements of this Act.
‘‘(4) If a State determines that a Drinking Water
Protection Fund is necessary under this subsection, each
community water system in the State shall pay a fee to
the State for deposit into the State Fund. The fee shall
be based on the amount of water supplied (or if data on
such amount is not available, on the number of persons
served by the community water system). The fee shall be
set at a level determined by the State to ensure sufficient
funding for implementing primary enforcement respon-
sibilities of the State, taking into account other available
funding sources.
‘‘(5) Within 60 days following the submission of a
State plan under paragraph (1), the Administrator shall
approve or disapprove the plan. The Administrator shall
approve the plan if the Administrator determines that the
plan complies with the requirements of this subsection and
provides sufficient resources for fully implementing the
State’s primary enforcement responsibilities and other re-
quirements of this Act.
‘‘(6) If the Administrator determines that a State
plan submitted under paragraph (1) does not have suffi-
cient resources to carry out the State plan, the State shall
establish a State Drinking Water Protection Fund which
meets the same conditions and requirements as in the case
of a fund under paragraph (2)(C) and collect a fee meet-
ing the requirements of paragraph (4) as a condition of
continued primary enforcement authority.
‘‘(7) If the Administrator is exercising primary en-
forcement authority under this part in a State, the Admin-
istrator shall establish a permit program for each public
water system regulated by the Administrator in that State
and shall assess and collect a fee to cover the Administra-
tor’s costs of administering such permit program. Such
fee may not exceed the greater or $5.50 per year per serv-
ice connection served by the system subject to the fee or
$0.05 per 1,000 gallons of water delivered. Revenues from
such fee shall be deposited in the fund established under
paragraph (8).
‘‘(8) There is established in the Treasury of the
United States a fund to be known as the Public Drinking
Water System Supervision Fund (referred to in this para-
graph as the ‘Fund’) consisting of the fees collected under
paragraph (7) and penalties and interest under paragraph
(9). Subject to annual appropriations, the Secretary of the
Treasury shall transfer from the Fund to the Adminis-
trator such amounts as necessary to carry out the Admin-
istrator’s responsibilities in those States in which the Ad-
ministrator is exercising primary enforcement authority
under this part.
‘‘(9) Any water system that fails to pay any fee re-
ferred to in this subsection within 6 months after the due
date shall pay the required fee plus a penalty of 50 percent
of the amount of the fee, together with interest on the
unpaid amount, as determined by the Administrator.
‘‘(d) GRANTS FOR STATE SOURCE WATER ASSESS-
MENT, STATE DRINKING WATER POLLUTION PREVEN-
TION, AND STATE VIABILITY PROGRAMS.—For purposes
of making grants under section 1430(f) (relating to grants
for approved State Source Water Assessment Programs
and approved State Drinking Water Pollution Prevention
Programs) and under part G (relating to system viability)
there is authorized to be appropriated not more than the
following amounts:
‘‘Fiscal Year:
Amount:
1995 ...............................................
$20,000,000
1996 ...............................................
$20,000,000
1997 ...............................................
$20,000,000
1998 ...............................................
$20,000,000
1999 ...............................................
$20,000,000.
No funds authorized to be appropriated under this sub-
section may be used to support activities required to be
carried out under the Federal Water Pollution Control
Act, the Solid Waste Disposal Act, the Comprehensive En-
vironmental Response, Compensation and Liability Act of
1980, or other sections of this Act.’’.
(2) Section 1413(a) is amended by adding the follow-
ing after paragraph (6):
‘‘(7) has adopted and is implementing a fund-
ing plan in accordance with section 1443(c); and’’
SEC. 
14. 
STATE 
PROGRAMS 
FOR 
ASSURING 
SYSTEM
VIABILITY.
The Act is amended by adding the following at the
end thereof:
‘‘PART G—PUBLIC WATER SYSTEM CAPABILITY
PROGRAM
‘‘SEC. 1481. STATE VIABILITY PROGRAMS.
‘‘(a) GENERAL REQUIREMENT.—Each State shall
adopt and implement a State Drinking Water System Via-
bility Program for assuring the capability of public water
systems to comply with the requirements of this Act.
‘‘(b) MINIMUM PROGRAM ELEMENTS.—The Adminis-
trator shall promulgate regulations requiring each State
Drinking Water System Viability Program (hereinafter in
this section referred to as the ‘State Viability Program’)
to include each of the following elements:
‘‘(1) A program for issuing operating permits
or other means of tracking the establishment of new
public water systems, including authorities to insure
that all new public water systems are able to fully
comply with existing and anticipated national pri-
mary drinking water regulations and other require-
ments of this Act.
‘‘(2) A program for assessing the long-term
ability of public water systems to comply with the
requirements of this Act. For other than transient
water systems, the assessment shall be completed
within 5 years following the approval of a State’s
program under this section.
‘‘(3) Legal authorities to order the restructur-
ing of systems that repeatedly violate national pri-
mary drinking water regulations or other require-
ments of this Act and lack the managerial, technical,
or financial capability to comply with such regula-
tions.
‘‘(4) Requirements for periodic reporting to
demonstrate continued progress in the implementa-
tion of State viability programs.
‘‘(c) FINAL REGULATIONS.—The Administrator shall
promulgate final regulations for State programs under
this section not more than 18 months following the date
of enactment of the Safe Drinking Water Reform Act of
1994.
‘‘(d) AUTHORITY TO VARY.—The Administrator may
vary minimum program elements described in subsection
(b) on the basis of the size and type of public water sys-
tems, and on the basis of source water characteristics.
‘‘(e) SUBMISSION OF PROGRAM.—Within 2 years of
the date of promulgation of final regulations under sub-
section (c), each State exercising primary enforcement re-
sponsibility pursuant to section 1413 shall submit to the
Administrator a State program that shall—
‘‘(1) at a minimum, meet the requirements of
the regulations described in subsection (b);
‘‘(2) specify the duties of State agencies, local
governmental entities, and public water supply sys-
tems with respect to the implementation of the State
Viability Program; and
‘‘(3) identify the resources that will be commit-
ted to implementation of the State Viability Pro-
gram.
‘‘(f) STATES IMPLEMENTING PROGRAMS BEFORE
DEADLINE.—States that are implementing a State Viabil-
ity Program prior to the promulgation of the regulations
under subsection (c) may request a waiver from one or
more of the requirements of this subsection. In the case
of any such State, the Administrator may waive one or
more of the requirements of this subsection if the Admin-
istrator determines that the State program is fully achiev-
ing the objectives of this subsection.
‘‘(g) APPROVAL
OR DISAPPROVAL.—The Adminis-
trator shall approve or disapprove a State Viability Pro-
gram no more than 180 days after the submission of such
State program. The Administrator shall approve the pro-
gram if it meets the requirements of this part and dis-
approve the program if it fails to meet such requirements.
‘‘(h) SYSTEMS IN COMPLIANCE—Nothing in this sec-
tion shall be construed to require any State to prohibit
the operation of any small public water system which is
in compliance with this Act.
‘‘SEC. 1482. FINANCIAL ASSISTANCE FOR VIABILITY PRO-
GRAMS.
‘‘(a) AVAILABILITY OF SRF GRANTS.—Each State,
as a condition of a full capitalization grant under section
1443(c) (after the first fiscal year after the enactment of
the Safe Drinking Water Reform Act of 1994) shall estab-
lish a program for identifying and assessing over a 5-year
period long-term technical, managerial, and financial ca-
pability of community public water systems to maintain
compliance with this Act. Until such program is estab-
lished, no such grant may exceed 50 percent of the alloca-
tion otherwise available. No such grants shall be available
under section 1443(c) for any State for any fiscal year
after the third fiscal year after the fiscal year in which
the Administrator promulgates final regulations under
this part unless the State has an approved system viability
program under this part.
‘‘(b) NEW SYSTEM VIABILITY.—No financial assist-
ance of any kind shall be available under this Act to any
public water system that commences operations after the
enactment of this section unless the Administrator deter-
mines that the State has an effective operating permit pro-
gram or other means to ensure in advance that the system
has the management and technical capacity and financial
capability, taking into account its customer base and other
relevant factors, to comply and maintain compliance with
the applicable requirements of this Act.’’.
SEC. 15. EMERGENCY PLANS.
(a) 
ADDITIONAL
REQUIREMENTS.—Section
1413(a)(5) is amended by adding after ‘‘circumstances’’
the following ‘‘including floods, earthquakes, and other
natural disasters which may cause drinking water con-
tamination’’. In the case of States exercising primary en-
forcement responsibility under section 1413 of the Safe
Drinking Water Act, the amendment made by the preced-
ing sentence shall take effect on the date 18 months after
the enactment of this Act.
(b) EPA REVIEW.—Section 1413 is amended by add-
ing the following at the end thereof:
‘‘(c) EMERGENCY PLANS.—The Administrator shall
review each emergency plan adopted pursuant to sub-
section (a)(5) within 1 year after the enactment of this
subsection and shall make a determination of the ade-
quacy of each such plan. The Administrator shall promptly
notify the system of any inadequacy in the plan. If the
Administrator finds that any such plan is inadequate, the
system shall be treated as failing to comply with sub-
section (a)(5) unless the plan is amended within 6 months
after such notice.’’.
SEC. 16. INTERNAL SYSTEM SOURCES OF CONTAMINATION.
Section 1412(b) is amended by adding the following
new paragraph at the end thereof:
‘‘(14)(A) Not later than 1 year after the enactment
of this paragraph, the Administrator shall promulgate a
national primary drinking water regulation requiring all
public water systems to routinely inspect distribution sys-
tems where they are located in proximity to sewer system
lines to detect any contamination from leakage in the
sewer system lines and to maintain such system to protect
against such contamination.
‘‘(B) Not later than 1 year after the enactment of
this paragraph, the Administrator shall promulgate a na-
tional primary drinking water regulation prohibiting any
public water system from recycling into drinking water
supplies any untreated material (‘backwash’) which has
been discharged from the public water system’s drinking
water filtration devices.’’.
SEC. 17. REPORTS TO EPA.
Section 1413(a)(3) is amended by adding the follow-
ing before the semicolon at the end thereof: ‘‘, including
quarterly reports to the Administrator listing all instances
of failure, during the preceding quarter, to comply with
any requirement of this Act or of any regulation under
this Act’’.
SEC. 18. ENFORCEMENT.
Section 1414 is amended by adding the following new
subsection at the end thereof:
‘‘(h) ADMINISTRATIVE PENALTY ORDERS.—
‘‘(1) PROMULGATION
OF
PROCEDURES.—The
Administrator shall by regulation, in accordance
with the provisions of this subsection, establish ad-
ministrative penalty procedures for use in any case
in which the Administrator finds that any person
has violated any applicable requirement of this part
or has failed to comply with an order requiring com-
pliance issued pursuant to subsection (g).
‘‘(2) CLASS I AND CLASS II ORDERS.—Subject
to the procedures established under paragraph (1),
the Administrator may—
‘‘(A) after notice and opportunity for hear-
ing that is not subject to sections 554 and 556
of title 5, United States Code, assess a class I
civil penalty in an amount not to exceed
$10,000 per day per violation, except that the
maximum amount of a class I civil penalty shall
not exceed $200,000; or
‘‘(B) after notice and opportunity for a
hearing on the record in accordance with sec-
tion 554 of title 5, United States Code, assess
a class II civil penalty in an amount not to ex-
ceed $10,000 per day per violation.
‘‘(C) Notwithstanding the provisions of
subparagraphs (A) and (B), the Adminis-
trator—
‘‘(i) shall not issue a class I civil pen-
alty order to a Federal agency;
‘‘(ii) may assess a class II civil pen-
alty against a Federal agency that does
not exceed $25,000 per day per violation;
and
‘‘(iii) shall employ procedures for or-
ders requiring compliance by Federal agen-
cies in accordance with regulations promul-
gated pursuant to paragraph (1) and para-
graph (2)(B).
‘‘(D) Any interested person may obtain re-
view of a civil penalty order issued to a Federal
agency in accordance with the procedures pro-
vided for respondents under paragraph (6)(A).
‘‘(3) FINALITY OF ORDERS.—An order assess-
ing a civil penalty under this subsection shall become
final not later than 30 days after the order is issued,
except that an order issued upon consent shall be-
come final upon issuance of the order. No order is-
sued to a Federal agency under this section shall be-
come final until such Federal agency has had an op-
portunity to confer with the Administrator.
‘‘(4) ELECTION OF CIVIL PENALTY REMEDY.—
Civil penalties for a violation of this Act shall not be
assessed under both this subsection and subsection
(b).
‘‘(5) COLLECTION.—If any person fails to pay
an assessment of a civil penalty after the order mak-
ing the assessment has become final, or after a court
in an action brought under paragraph (6) has en-
tered a final judgment in favor of the Administrator,
the Administrator shall request the Attorney General
to bring a civil action in an appropriate district
court to recover the amount assessed (plus interest
at currently prevailing rates from the date of the
final order or the date of the final judgment, as the
case may be). In the action, the validity, amount,
and appropriateness of the penalty shall not be sub-
ject to judicial review. Any person who fails to pay
on a timely basis the amount of an assessment of a
civil penalty as described in the first sentence of this
paragraph shall be required to pay, in addition to
such amount and interest, attorneys fees and costs
for 
collection 
proceedings 
and 
a 
quarterly
nonpayment penalty for each quarter during which
such failure to pay persists. Such nonpayment pen-
alty shall be in an amount equal to 20 percent of the
aggregate amount of such person’s penalties and
nonpayment penalties which are unpaid as of the be-
ginning of such quarter.
‘‘(6) JUDICIAL REVIEW.—
‘‘(A) IN
GENERAL.—Any person against
whom a penalty order is issued under this sub-
section, except upon consent, may obtain review
of the order in the United States District Court
for the District of Columbia Circuit or in the
district court in the district in which the viola-
tion is alleged to have occurred by filing, during
the 30-day period beginning on the date the
penalty order becomes final, a notice of appeal
and a complaint with the court. The person
shall simultaneously send a copy of the notice
and complaint by certified mail to the Adminis-
trator and the Attorney General. The Adminis-
trator shall promptly file in such court a cer-
tified copy of the record on which the order was
issued.
‘‘(B) STANDARD OF REVIEW.—The court
shall not set aside or remand the order unless
the court finds that there is not substantial evi-
dence in the record, taken as a whole, to sup-
port the finding of a violation or that the as-
sessment of the penalty by the Administrator
constitutes an abuse of discretion. The court
may not impose an additional civil penalty for
a violation that is the subject of the assessment
by the Administrator unless the court finds that
the assessment constitutes an abuse of discre-
tion by the Administrator.
‘‘(C) 
FORUM.—Notwithstanding 
section
1448(a)(2), a penalty order issued under this
subsection shall be subject to judicial review
only under subparagraph (A).
‘‘(7) SUBPOENAS.—The Administrator may, in
connection with administrative proceedings under
this subsection or in connection with investigations
conducted pursuant to this title, issue subpoenas for
the attendance and testimony of witnesses and sub-
poenas duces tecum, and may request the Attorney
General to bring an action to enforce any subpoena
under this title. The district courts shall have juris-
diction to enforce such subpoenas and impose sanc-
tion.’’.
Æ
HR 4314 IH——2
HR 4314 IH——3
HR 4314 IH——4