I
104TH CONGRESS
2D SESSION
H. R. 3038
To reauthorize and amend title XIV of the Public Health Service Act
(commonly known as the ‘‘Safe Drinking Water Act’’), and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1996
Mr. POMEROY introduced the following bill; which was referred to the Commit-
tee on Commerce, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To reauthorize and amend title XIV of the Public Health
Service Act (commonly known as the ‘‘Safe Drinking
Water Act’’), and for other purposes.
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 Act Amendments of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. State revolving loan funds.
Sec. 4. Selection of contaminants; schedule.
Sec. 5. Risk assessment, management, and communication.
Sec. 6. Standard-setting; review of standards.
Sec. 7. Arsenic.
Sec. 8. Radon.
Sec. 9. Sulfate.
Sec. 10. Filtration and disinfection.
Sec. 11. Effective date for regulations.
Sec. 12. Technology and treatment techniques; technology centers.
Sec. 13. Variances and exemptions.
Sec. 14. Small systems; technical assistance.
Sec. 15. Capacity development; finance centers.
Sec. 16. Operator and laboratory certification.
Sec. 17. Source water quality protection partnerships.
Sec. 18. State primacy; State funding.
Sec. 19. Monitoring and information gathering.
Sec. 20. Public notification.
Sec. 21. Enforcement; judicial review.
Sec. 22. Federal agencies.
Sec. 23. Research.
Sec. 24. Definitions.
Sec. 25. Watershed and ground water protection.
Sec. 26. Lead plumbing and pipes; return flows.
Sec. 27. Bottled water.
Sec. 28. Other amendments.
(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. FINDINGS.
Congress finds that—
(1) safe drinking water is essential to the pro-
tection of public health;
(2) because the requirements of title XIV of the
Public Health Service Act (commonly known as the
‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et
seq.) now exceed the financial and technical capacity
of some public water systems, especially many small
public water systems, the Federal Government needs
to provide assistance to communities to help the
communities meet Federal drinking water require-
ments;
(3) the Federal Government commits to take
steps to foster and maintain a genuine partnership
with the States in the administration and implemen-
tation of the Safe Drinking Water Act;
(4) States play a central role in the implemen-
tation of safe drinking water programs, and States
need increased financial resources and appropriate
flexibility to ensure the prompt and effective devel-
opment and implementation of drinking water pro-
grams;
(5) the existing process for the assessment and
regulation of additional drinking water contaminants
needs to be revised and improved to ensure that
there is a sound scientific basis for drinking water
regulations and that the standards established ad-
dress the health risks posed by contaminants;
(6) procedures for assessing the health effects
of contaminants and establishing drinking water
standards should be revised to provide greater op-
portunity for public education and participation;
(7) in setting priorities with respect to the
health risks from drinking water to be addressed
and in selecting the appropriate level of regulation
for contaminants in drinking water, risk assessment
and benefit-cost analysis are important and useful
tools for improving the efficiency and effectiveness of
drinking water regulations to protect human health;
(8) more effective protection of public health re-
quires—
(A) a Federal commitment to set priorities
that will allow scarce Federal, State, and local
resources to be targeted toward the drinking
water problems of greatest public health con-
cern; and
(B) maximizing the value of the different
and complementary strengths and responsibil-
ities of the Federal and State governments in
those States that have primary enforcement re-
sponsibility for the Safe Drinking Water Act;
and
(9) compliance with the requirements of the
Safe Drinking Water Act continues to be a concern
at public water systems experiencing technical and
financial limitations, and Federal, State, and local
governments need more resources and more effective
authority to attain the objectives of the Safe Drink-
ing Water Act.
SEC. 3. STATE REVOLVING LOAN FUNDS.
The title (42 U.S.C. 300f et seq.) is amended by add-
ing at the end the following:
‘‘PART G—STATE REVOLVING LOAN FUNDS
‘‘GENERAL AUTHORITY
‘‘SEC. 1471. (a) CAPITALIZATION GRANT AGREE-
MENTS.—The Administrator shall offer to enter into an
agreement with each State to make capitalization grants
to the State pursuant to section 1472 (referred to in this
part as ‘capitalization grants’) to establish a drinking
water treatment State revolving loan fund (referred to in
this part as a ‘State loan fund’).
‘‘(b) REQUIREMENTS OF AGREEMENTS.—An agree-
ment entered into pursuant to this section shall establish,
to the satisfaction of the Administrator, that—
‘‘(1) the State has established a State loan fund
that complies with the requirements of this part;
‘‘(2) the State loan fund will be administered by
an instrumentality of the State that has the powers
and authorities that are required to operate the
State loan fund in accordance with this part;
‘‘(3) the State will deposit the capitalization
grants into the State loan fund;
‘‘(4) the State will deposit all loan repayments
received, and interest earned on the amounts depos-
ited into the State loan fund under this part, into
the State loan fund;
‘‘(5) the State will deposit into the State loan
fund an amount equal to at least 20 percent of the
total amount of each payment to be made to the
State on or before the date on which the payment
is made to the State, except as provided in sub-
section (c)(4);
‘‘(6) the State will use funds in the State loan
fund in accordance with an intended use plan pre-
pared pursuant to section 1474(b);
‘‘(7) the State and loan recipients that receive
funds that the State makes available from the State
loan fund will use accounting procedures that con-
form to generally accepted accounting principles, au-
diting procedures that conform to chapter 75 of title
31, United States Code (commonly known as the
‘Single Audit Act of 1984’), and such fiscal proce-
dures as the Administrator may prescribe; and
‘‘(8) the State has adopted policies and proce-
dures to ensure that loan recipients are reasonably
likely to be able to repay a loan.
‘‘(c) ADMINISTRATION OF STATE LOAN FUNDS.—
‘‘(1) IN GENERAL.—The authority to establish
assistance priorities for financial assistance provided
with amounts deposited into the State loan fund
shall reside in the State agency that has primary re-
sponsibility for the administration of the State pro-
gram under section 1413, after consultation with
other appropriate State agencies (as determined by
the State): Provided further, That in nonprimacy
States, the Governor shall determine which State
agency will have the authority to establish assistance
priorities for financial assistance provided with
amounts deposited into the State loan fund.
‘‘(2) FINANCIAL
ADMINISTRATION.—A State
may combine the financial administration of the
State loan fund pursuant to this part with the finan-
cial administration of a State water pollution control
revolving fund established by the State pursuant to
title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.), or other State revolving
funds providing financing for similar purposes, if the
Administrator determines that the grants to be pro-
vided to the State under this part, and the loan re-
payments and interest deposited into the State loan
fund pursuant to this part, will be separately ac-
counted for and used solely for the purposes of and
in compliance with the requirements of this part.
‘‘(3) TRANSFER OF FUNDS.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law, a Governor of a State
may—
‘‘(i) reserve up to 50 percent of a cap-
italization grant made pursuant to section
1472 and add the funds reserved to any
funds provided to the State pursuant to
section 601 of the Federal Water Pollution
Control Act (33 U.S.C. 1381); and
‘‘(ii) reserve in any year a dollar
amount up to the dollar amount that may
be reserved under clause (i) for that year
from capitalization grants made pursuant
to section 601 of such Act (33 U.S.C.
1381) and add the reserved funds to any
funds provided to the State pursuant to
section 1472.
‘‘(B) STATE MATCH.—Funds reserved pur-
suant to this paragraph shall not be considered
to be a State match of a capitalization grant re-
quired pursuant to this title or the Federal
Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
‘‘(4) 
EXTENDED
PERIOD.—Notwithstanding
subsection (b)(5), a State shall not be required to
deposit a State matching amount into the fund prior
to the date on which each payment is made for pay-
ments from funds appropriated for fiscal years
1994, 1995, and 1996, if the matching amounts for
the payments are deposited into the State fund prior
to September 30, 1998.
‘‘CAPITALIZATION GRANTS
‘‘SEC. 1472. (a) GENERAL AUTHORITY.—The Ad-
ministrator may make grants to capitalize State loan
funds to a State that has entered into an agreement pur-
suant to section 1471.
‘‘(b) FORMULA FOR ALLOTMENT OF FUNDS.—
‘‘(1) IN GENERAL.—Subject to subsection (c)
and paragraph (2), funds made available to carry
out this part shall be allotted to States that have en-
grants to the jurisdictions, other than Indian Tribes,
referred to in subsection (f).
‘‘(c) 
RESERVATION
OF
FUNDS
FOR
INDIAN
TRIBES.—
‘‘(1) IN GENERAL.—For each fiscal year, prior
to the allotment of funds made available to carry out
this part, the Administrator shall reserve 1.5 percent
of the funds for providing financial assistance to In-
dian Tribes pursuant to subsection (f).
‘‘(2) USE OF FUNDS.—Funds reserved pursu-
ant to paragraph (1) shall be used to address the
most significant threats to public health associated
with public water systems that serve Indian Tribes,
as determined by the Administrator in consultation
with the Director of the Indian Health Service and
Indian Tribes.
‘‘(3) NEEDS ASSESSMENT.—The Administrator,
in consultation with the Director of the Indian
Health Service and Indian Tribes, shall, in accord-
ance with a schedule that is consistent with the
needs surveys 
conducted 
pursuant 
to 
section
1475(c), prepare surveys and assess the needs of
drinking water treatment facilities to serve Indian
Tribes, including an evaluation of the public water
systems that pose the most significant threats to
public health.
‘‘(d) TECHNICAL ASSISTANCE
FOR SMALL SYS-
TEMS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) SMALL
SYSTEM.—The term ‘small
system’ means a public water system that
serves a population of 10,000 or fewer.
‘‘(B) TECHNICAL ASSISTANCE.—The term
‘technical assistance’ means assistance provided
by a State to a small system, including assist-
ance to potential loan recipients and assistance
for planning and design, development and im-
plementation of a source water quality protec-
tion partnership program, alternative supplies
of drinking water, restructuring or consolida-
tion of a small system, and treatment to comply
with a national primary drinking water regula-
tion.
‘‘(2) RESERVATION
OF
FUNDS.—To provide
technical assistance pursuant to this subsection,
each State may reserve from capitalization grants
received in any year an amount that does not exceed
the greater of—
‘‘(A) an amount equal to 2 percent of the
amount of the capitalization grants received by
the State pursuant to this section; or
‘‘(B) $300,000.
‘‘(e) ALLOTMENT PERIOD.—
‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL
ASSISTANCE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the sums allotted to a State
pursuant to subsection (b) for a fiscal year shall
be available to the State for obligation during
the fiscal year for which the sums are author-
ized and during the following fiscal year.
‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL
YEARS 1995 AND 1996.—The sums allotted to a
State pursuant to subsection (b) from funds
that are made available by appropriations for
each of fiscal years 1995 and 1996 shall be
available to the State for obligation during each
of fiscal years 1995 through 1998.
‘‘(2) 
REALLOTMENT
OF
UNOBLIGATED
FUNDS.—Prior to obligating new allotments made
available to the State pursuant to subsection (b),
each State shall obligate funds accumulated before a
date that is 1 year prior to the date of the obligation
of a new allotment from loan repayments and inter-
est earned on amounts deposited into a State loan
fund. The amount of any allotment that is not obli-
gated by a State by the last day of the period of
availability established by paragraph (1) shall be im-
mediately reallotted by the Administrator on the
basis of the same ratio as is applicable to sums allot-
ted under subsection (b), except that the Adminis-
trator may reserve and allocate 10 percent of the re-
maining amount for financial assistance to Indian
Tribes in addition to the amount allotted under sub-
section (c). None of the funds reallotted by the Ad-
ministrator shall be reallotted to any State that has
not obligated all sums allotted to the State pursuant
to this section during the period in which the sums
were available for obligation.
‘‘(3) ALLOTMENT OF WITHHELD FUNDS.—All
funds withheld by the Administrator pursuant to
subsection (g) and section 1442(e)(3) shall be allot-
ted by the Administrator on the basis of the same
ratio as is applicable to funds allotted under sub-
section (b). None of the funds allotted by the Ad-
ministrator pursuant to this paragraph shall be al-
lotted to a State unless the State has met the re-
quirements of section 1418(a).
‘‘(f) DIRECT GRANTS.—
‘‘(1) IN GENERAL.—The Administrator is au-
thorized to make grants for the improvement of pub-
lic water systems of Indian Tribes, the District of
Columbia, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
American Samoa, and Guam and, if funds are ap-
propriated to carry out this part for fiscal year
1995, the Republic of Palau.
‘‘(2) ALASKA NATIVE VILLAGES.—In the case of
a grant for a project under this subsection in an
Alaska Native village, the Administrator is also au-
thorized to make grants to the State of Alaska for
the benefit of Native villages. An amount not to ex-
ceed 4 percent of the grant amount may be used by
the State of Alaska for project management.
‘‘(g) NEW SYSTEM CAPACITY.—Beginning in fiscal
year 1999, the Administrator shall withhold the percent-
age prescribed in the following sentence of each capitaliza-
tion grant made pursuant to this section to a State unless
the State has met the requirements of section 1418(a).
The percentage withheld shall be 5 percent for fiscal year
1999, 10 percent for fiscal year 2000, and 15 percent for
each subsequent fiscal year.
‘‘ELIGIBLE ASSISTANCE
‘‘SEC. 1473. (a) IN GENERAL.—The amounts depos-
ited into a State loan fund, including any amounts equal
to the amounts of loan repayments and interest earned
on the amounts deposited, may be used by the State to
carry out projects that are consistent with this section.
‘‘(b) PROJECTS ELIGIBLE FOR ASSISTANCE.—
‘‘(1) IN
GENERAL.—The amounts deposited
into a State loan fund shall be used only for provid-
ing financial assistance for capital expenditures and
associated costs (but excluding the cost of land ac-
quisition unless the cost is incurred to acquire land
for the construction of a treatment facility or for a
consolidation project) for—
‘‘(A) a project that will facilitate compli-
ance with national primary drinking water reg-
ulations promulgated pursuant to section 1412;
‘‘(B) a project that will facilitate the con-
solidation of public water systems or the use of
an alternative source of water supply;
‘‘(C) a project that will upgrade a drinking
water treatment system; and
‘‘(D) the development of a public water
system to replace private drinking water sup-
plies if the private water supplies pose a signifi-
cant threat to human health.
‘‘(2) OPERATOR
TRAINING.—Associated costs
eligible for assistance under this part include the
costs of training and certifying the persons who will
operate facilities that receive assistance pursuant to
paragraph (1).
‘‘(3) LIMITATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), no assistance under this
part shall be provided to a public water system
that—
‘‘(i) does not have the technical, man-
agerial, and financial capability to ensure
compliance with the requirements of this
title; and
‘‘(ii) has a history of—
‘‘(I) past violations of any maxi-
mum contaminant level or treatment
technique established by a regulation
or a variance; or
‘‘(II) significant noncompliance
with monitoring requirements or any
other requirement of a national pri-
mary drinking water regulation or
variance.
‘‘(B) RESTRUCTURING.—A public water
system described in subparagraph (A) may re-
ceive assistance under this part if—
‘‘(i) the owner or operator of the sys-
tem agrees to undertake feasible and ap-
propriate changes in operations (including
ownership, management, accounting, rates,
maintenance, 
consolidation, 
alternative
water supply, or other procedures) if the
State determines that such measures are
necessary to ensure that the system has
the technical, managerial, and financial ca-
pability to comply with the requirements of
this title over the long term; and
‘‘(ii) the use of the assistance will en-
sure compliance.
‘‘(c) ELIGIBLE PUBLIC WATER SYSTEMS.—A State
loan fund, or the Administrator in the case of direct
grants under section 1472(f), may provide financial assist-
ance only to community water systems, publicly owned
water systems (other than systems owned by Federal
agencies), and nonprofit noncommunity water systems.
‘‘(d) TYPES OF ASSISTANCE.—Except as otherwise
limited by State law, the amounts deposited into a State
loan fund under this section may be used only—
‘‘(1) to make loans, on the condition that—
‘‘(A) the interest rate for each loan is less
than or equal to the market interest rate, in-
cluding an interest free loan;
‘‘(B) principal and interest payments on
each loan will commence not later than 1 year
after completion of the project for which the
loan was made, and each loan will be fully am-
ortized not later than 20 years after the com-
pletion of the project, except that in the case of
a disadvantaged community (as defined in sub-
section (e)(1)), a State may provide an ex-
tended term for a loan, if the extended term—
‘‘(i) terminates not later than the date
that is 30 years after the date of project
completion; and
‘‘(ii) does not exceed the expected de-
sign life of the project;
‘‘(C) the recipient of each loan will estab-
lish a dedicated source of revenue (or, in the
case of a privately-owned system, demonstrate
that there is adequate security) for the repay-
ment of the loan; and
‘‘(D) the State loan fund will be credited
with all payments of principal and interest on
each loan;
‘‘(2) to buy or refinance the debt obligation of
a municipality or an intermunicipal or interstate
agency within the State at an interest rate that is
less than or equal to the market interest rate in any
case in which a debt obligation is incurred after Oc-
tober 14, 1993, or to refinance a debt obligation for
a project constructed to comply with a regulation es-
tablished pursuant to an amendment to this title
made by the Safe Drinking Water Act Amendments
of 1986 (Public Law 99–339; 100 Stat. 642);
‘‘(3) to guarantee, or purchase insurance for, a
local obligation (all of the proceeds of which finance
a project eligible for assistance under subsection (b))
if the guarantee or purchase would improve credit
market access or reduce the interest rate applicable
to the obligation;
‘‘(4) as a source of revenue or security for the
payment of principal and interest on revenue or gen-
eral obligation bonds issued by the State if the pro-
ceeds of the sale of the bonds will be deposited into
the State loan fund; and
‘‘(5) to earn interest on the amounts deposited
into the State loan fund.
‘‘(e) ASSISTANCE
FOR DISADVANTAGED COMMU-
NITIES.—
‘‘(1) DEFINITION OF DISADVANTAGED COMMU-
NITY.—In this subsection, the term ‘disadvantaged
community’ means the service area of a public water
system that meets affordability criteria established
after public review and comment by the State in
which the public water system is located. The Ad-
ministrator may publish information to assist States
in establishing affordability criteria.
‘‘(2) LOAN
SUBSIDY.—Notwithstanding sub-
section (d), in any case in which the State makes a
loan pursuant to subsection (d) to a disadvantaged
community or to a community that the State expects
to become a disadvantaged community as the result
of a proposed project, the State may provide addi-
tional subsidization (including forgiveness of prin-
cipal).
‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each
fiscal year, the total amount of loan subsidies made
by a State pursuant to paragraph (2) may not ex-
ceed 30 percent of the amount of the capitalization
grant received by the State for the year.
‘‘(f) SOURCE WATER QUALITY PROTECTION AND CA-
PACITY DEVELOPMENT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b)(1), a State may—
‘‘(A) provide assistance, only in the form
of a loan, to—
‘‘(i) any public water system described
in subsection (c) to acquire land or a con-
servation easement from a willing seller or
grantor, if the purpose of the acquisition is
to protect the source water of the system
from contamination; or
‘‘(ii) any community water system de-
scribed in subsection (c) to provide funding
in 
accordance 
with 
section
1419(d)(1)(C)(i);
‘‘(B) provide assistance, including technical
and financial assistance, to any public water
system as part of a capacity development strat-
egy developed and implemented in accordance
with section 1418(c); and
‘‘(C) make expenditures from the capital-
ization grant of the State for fiscal years 1996
and 1997 to delineate and assess source water
protection areas in accordance with section
1419, except that funds set aside for such ex-
penditure shall be obligated within 4 fiscal
years.
‘‘(2) LIMITATION.—For each fiscal year, the
total amount of assistance provided and expendi-
tures made by a State under this subsection may not
exceed 15 percent of the amount of the capitaliza-
tion grant received by the State for that year and
may not exceed 10 percent of that amount for any
one of the following activities:
‘‘(A) To acquire land or conservation ease-
ments pursuant to paragraph (1)(A)(i).
‘‘(B) To provide funding to implement rec-
ommendations of source water quality protec-
tion 
partnerships 
pursuant 
to 
paragraph
(1)(A)(ii).
‘‘(C) To provide assistance through a ca-
pacity development strategy pursuant to para-
graph (1)(B).
‘‘(D) To make expenditures to delineate or
assess source water protection areas pursuant
to paragraph (1)(C).
‘‘STATE LOAN FUND ADMINISTRATION
‘‘SEC. 1474. (a) ADMINISTRATION, TECHNICAL AS-
SISTANCE, AND MANAGEMENT.—
‘‘(1) ADMINISTRATION.—Each State that has a
State loan fund is authorized to expend from the an-
nual capitalization grant of the State a reasonable
amount, not to exceed 4 percent of the capitalization
grant made to the State, for the costs of the admin-
istration of the State loan fund.
‘‘(2) STATE
PROGRAM
MANAGEMENT
ASSIST-
ANCE.—
‘‘(A) IN GENERAL.—Each State that has a
loan fund is authorized to expend from the an-
nual capitalization grant of the State an
amount, determined pursuant to this para-
graph, to carry out the public water system su-
pervision program under section 1443(a) and
to—
‘‘(i) administer, or provide technical
assistance through, source water quality
protection programs, including a partner-
ship program under section 1419; and
‘‘(ii) develop and implement a capac-
ity development strategy under section
1418(c) in the State.
‘‘(B) LIMITATION.—Amounts expended by
a State pursuant to this paragraph for any fis-
cal year may not exceed an amount that is
equal to the amount of the grant funds avail-
able to the State for that fiscal year under sec-
tion 1443(a).
‘‘(C) STATE FUNDS.—For any fiscal year,
funds may not be expended pursuant to this
paragraph unless the Administrator determines
that the amount of State funds made available
to carry out the public water system supervision
program under section 1443(a) for the fiscal
year is not less than the amount of State funds
made available to carry out the program for fis-
cal year 1993.
‘‘(b) INTENDED USE PLANS.—
‘‘(1) IN GENERAL.—After providing for public
review and comment, each State that has entered
into a capitalization agreement pursuant to this part
shall annually prepare a plan that identifies the in-
tended uses of the amounts available to the State
loan fund of the State.
‘‘(2) CONTENTS.—An intended use plan shall
include—
‘‘(A) a list of the projects to be assisted in
the first fiscal year that begins after the date
of the plan, including a description of the
project, the expected terms of financial assist-
ance, and the size of the community served;
‘‘(B) the criteria and methods established
for the distribution of funds; and
‘‘(C) a description of the financial status of
the State loan fund and the short-term and
long-term goals of the State loan fund.
‘‘(3) USE OF FUNDS.—
‘‘(A) IN GENERAL.—An intended use plan
shall provide, to the maximum extent prac-
ticable, that priority for the use of funds be
given to projects that—
‘‘(i) address the most serious risk to
human health;
‘‘(ii) are necessary to ensure compli-
ance with the requirements of this title (in-
cluding requirements for filtration); and
‘‘(iii) assist systems most in need on
a per household basis according to State
affordability criteria.
‘‘(B) LIST
OF
PROJECTS.—Each State
shall, after notice and opportunity for public
comment, publish and periodically update a list
of projects in the State that are eligible for as-
sistance under this part, including the priority
assigned to each project and, to the extent
known, the expected funding schedule for each
project.
‘‘STATE LOAN FUND MANAGEMENT
‘‘SEC. 1475. (a) IN GENERAL.—Not later than 1 year
after the date of enactment of this part, and annually
thereafter, the Administrator shall conduct such reviews
and audits as the Administrator considers appropriate, or
require each State to have the reviews and audits inde-
pendently conducted, in accordance with the single audit
requirements of chapter 75 of title 31, United States
Code.
‘‘(b) STATE REPORTS.—Not later than 2 years after
the date of enactment of this part, and every 2 years
thereafter, each State that administers a State loan fund
shall publish and submit to the Administrator a report on
the activities of the State under this part, including the
findings of the most recent audit of the State loan fund.
‘‘(c) DRINKING WATER NEEDS SURVEY AND ASSESS-
MENT.—Not later than 1 year after the date of enactment
of this part, and every 4 years thereafter, the Adminis-
trator shall submit to Congress a survey and assessment
of the needs for facilities in each State eligible for assist-
ance under this part (including, in the case of the State
of Alaska, the needs of Native villages (as defined in sec-
tion 3(c) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602 (c))). The survey and assessment conducted
pursuant to this subsection shall—
‘‘(1) identify, by State, the needs for projects or
facilities owned or controlled by community water
systems eligible for assistance under this part on the
date of the assessment (other than refinancing for a
project pursuant to section 1473(d)(2));
‘‘(2) estimate the needs for eligible facilities
over the 20-year period following the date of the as-
sessment;
‘‘(3) identify, by size category, the population
served by public water systems with needs identified
pursuant to paragraph (1); and
‘‘(4) include such other information as the Ad-
ministrator determines to be appropriate.
‘‘(d) EVALUATION.—The Administrator shall conduct
an evaluation of the effectiveness of the State loan funds
through fiscal year 1999. The evaluation shall be submit-
ted to Congress at the same time as the President submits
to Congress, pursuant to section 1108 of title 31, United
States Code, an appropriations request for fiscal year
2001 relating to the budget of the Environmental Protec-
tion Agency.
‘‘ENFORCEMENT
‘‘SEC. 1476. The failure or inability of any public
water system to receive funds under this part or any other
loan or grant program, or any delay in obtaining the
funds, shall not alter the obligation of the system to com-
ply in a timely manner with all applicable drinking water
standards and requirements of this title.
‘‘REGULATIONS AND GUIDANCE
‘‘SEC. 1477. The Administrator shall publish such
guidance and promulgate such regulations as are nec-
essary to carry out this part, including guidance and regu-
lations to ensure that—
‘‘(1) each State commits and expends funds
from the State loan fund in accordance with the re-
quirements of this part and applicable Federal and
State laws; and
‘‘(2) the States and eligible public water sys-
tems that receive funds under this part use account-
ing procedures that conform to generally accepted
accounting principles, auditing procedures that con-
form to chapter 75 of title 31, United States Code
(commonly known as the ‘Single Audit Act of
1984’), and such fiscal procedures as the Adminis-
trator may prescribe.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 1478. (a) GENERAL AUTHORIZATION.—There
are authorized to be appropriated to the Environmental
Protection Agency to carry out this part $600,000,000 for
fiscal year 1994 and $1,000,000,000 for each of fiscal
years 1995 through 2003.
‘‘(b) HEALTH EFFECTS RESEARCH.—From funds
appropriated pursuant to this section for each fiscal year,
the Administrator shall reserve $10,000,000 for health ef-
fects research on drinking water contaminants authorized
by section 1442. In allocating funds made available under
this subsection, the Administrator shall give priority to re-
search concerning the health effects of cryptosporidium,
disinfection byproducts, and arsenic, and the implementa-
tion of a research plan for subpopulations at greater risk
of adverse effects pursuant to section 1442(l).
‘‘(c) MONITORING
FOR UNREGULATED CONTAMI-
NANTS.—From funds appropriated pursuant to this sec-
tion for each fiscal year beginning with fiscal year 1997,
the Administrator shall reserve $2,000,000 to pay the
costs of monitoring for unregulated contaminants under
section 1445(a)(2)(D).
‘‘(d) SMALL SYSTEM TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
from funds appropriated pursuant to this section for
each fiscal year for which the appropriation made
pursuant to subsection (a) exceeds $800,000,000,
the Administrator shall reserve to carry out section
1442(g) an amount that is equal to any amount by
which the amount made available to carry out sec-
tion 1442(g) is less than the amount referred to in
the third sentence of section 1442(g).
‘‘(2) MAXIMUM AMOUNT.—For each fiscal year,
the amount reserved under paragraph (1) shall be
not greater than an amount equal to the lesser of—
‘‘(A) 2 percent of the funds appropriated
pursuant to this section for the fiscal year; or
‘‘(B) $10,000,000.’’.
SEC. 4. SELECTION OF CONTAMINANTS; SCHEDULE.
(a) STANDARDS.—Section 1412(b) (42 U.S.C. 300g–
1(b)) is amended by striking ‘‘(b)(1)’’ and all that follows
through the end of paragraph (3) and inserting the follow-
ing:
‘‘(b) STANDARDS.—
‘‘(1) IDENTIFICATION OF CONTAMINANTS FOR
LISTING.—
‘‘(A) GENERAL AUTHORITY.—The Admin-
istrator shall publish a maximum contaminant
level goal and promulgate a national primary
drinking water regulation for each contaminant
(other than a contaminant referred to in para-
graph (2) for which a national primary drinking
water regulation has been promulgated as of
the date of enactment of the Safe Drinking
Water Act Amendments of 1995) if the Admin-
istrator determines, based on adequate data
and appropriate peer-reviewed scientific infor-
mation and an assessment of health risks, con-
ducted in accordance with sound and objective
scientific practices, that—
‘‘(i) the contaminant may have an ad-
verse effect on the health of persons; and
‘‘(ii) the contaminant is known to
occur or there is a substantial likelihood
that the contaminant will occur in public
water systems with a frequency and at lev-
els of public health concern.
‘‘(B) SELECTION
AND
LISTING
OF
CON-
TAMINANTS FOR CONSIDERATION.—
‘‘(i) IN
GENERAL.—Not later than
July 1, 1997, the Administrator (after con-
sultation with the Secretary of Health and
Human Services) shall publish and periodi-
cally, but not less often than every 5 years,
update a list of contaminants that are
known or anticipated to occur in drinking
water provided by public water systems
and that may warrant regulation under
this title.
‘‘(ii) RESEARCH AND STUDY PLAN.—
At such time as a list is published under
clause (i), the Administrator shall describe
available and needed information and re-
search with respect to—
‘‘(I) the health effects of the con-
taminants;
‘‘(II) the occurrence of the con-
taminants in drinking water; and
‘‘(III) treatment techniques and
other means that may be feasible to
control the contaminants.
‘‘(iii) COMMENT.—The Administrator
shall seek comment on each list and any
research plan that is published from offi-
cials of State and local governments, oper-
ators of public water systems, the scientific
community, and the general public.
‘‘(C) DETERMINATION.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), not later than July 1,
2001, and every 5 years thereafter, the
Administrator shall take one of the follow-
ing actions for not fewer than 5 contami-
nants:
‘‘(I) Publish a determination that
information available to the Adminis-
trator does not warrant the issuance
of a national primary drinking water
regulation.
‘‘(II) Publish a determination
that a national primary drinking
water regulation is warranted based
on information available to the Ad-
ministrator, and proceed to propose a
maximum contaminant level goal and
national primary drinking water regu-
lation not later than 2 years after the
date of publication of the determina-
tion.
‘‘(III) Propose a maximum con-
taminant level goal and national pri-
mary drinking water regulation.
‘‘(ii) INSUFFICIENT
INFORMATION.—
If the Administrator determines that avail-
able information is insufficient to make a
determination for a contaminant under
clause (i), the Administrator may publish a
determination to continue to study the con-
taminant. Not later than 5 years after the
Administrator determines that further
study is necessary for a contaminant pur-
suant to this clause, the Administrator
shall make a determination under clause
(i).
‘‘(iii) ASSESSMENT.—The determina-
tions under clause (i) shall be based on an
assessment of—
‘‘(I) 
the 
available 
scientific
knowledge that is consistent with the
requirements of paragraph (3)(A) and
useful in determining the nature and
extent of adverse effects on the health
of persons that may occur due to the
presence of the contaminant in drink-
ing water;
‘‘(II) information on the occur-
rence of the contaminant in drinking
water; and
‘‘(III) the treatment technologies,
treatment techniques, or other means
that may be feasible in reducing the
contaminant in drinking water pro-
vided by public water systems.
‘‘(iv) PRIORITIES.—In making deter-
minations under this subparagraph, the
Administrator shall give priority to those
contaminants not currently regulated that
are associated with the most serious ad-
verse health effects and that present the
greatest potential risk to the health of per-
sons due to the presence of the contami-
nant in drinking water provided by public
water systems.
‘‘(v) REVIEW.—Each document set-
ting forth the determination for a contami-
nant under clause (i) shall be available for
public comment at such time as the deter-
mination is published.
‘‘(vi) JUDICIAL REVIEW.—Determina-
tions made by the Administrator pursuant
to clause (i)(I) shall be considered final
agency actions for the purposes of section
1448. No determination under clause (i)(I)
shall be set aside by a court pursuant to
a review authorized under that section, un-
less the court finds that the determination
is arbitrary and capricious.
‘‘(D) 
URGENT
THREATS
TO
PUBLIC
HEALTH.—The Administrator may promulgate
an interim national primary drinking water reg-
ulation for a contaminant without listing the
contaminant under subparagraph (B) or pub-
lishing a determination for the contaminant
under subparagraph (C) to address an urgent
threat to public health as determined by the
Administrator after consultation with and writ-
ten response to any comments provided by the
Secretary of Health and Human Services, act-
ing through the director of the Centers for Dis-
ease Control and Prevention or the director of
the National Institutes of Health. A determina-
tion for any contaminant in accordance with
subparagraph (C) subject to an interim regula-
tion under this subparagraph shall be issued
not later than 3 years after the date on which
the regulation is promulgated and the regula-
tion shall be repromulgated, or revised if appro-
priate, not later than 5 years after that date.
‘‘(E) MONITORING DATA AND OTHER IN-
FORMATION.—The Administrator may require,
in accordance with section 1445(a)(2), the sub-
mission of monitoring data and other informa-
tion necessary for the development of studies,
research plans, or national primary drinking
water regulations.
‘‘(2) SCHEDULES AND DEADLINES.—
‘‘(A) IN GENERAL.—In the case of the con-
taminants listed in the Advance Notice of Pro-
posed Rulemaking published in volume 47, Fed-
eral Register, page 9352, and in volume 48,
Federal Register, page 45502, the Adminis-
trator shall publish maximum contaminant level
goals and promulgate national primary drinking
water regulations—
‘‘(i) not later than 1 year after June
19, 1986, for not fewer than 9 of the listed
contaminants;
‘‘(ii) not later than 2 years after June
19, 1986, for not fewer than 40 of the list-
ed contaminants; and
‘‘(iii) not later than 3 years after
June 19, 1986, for the remainder of the
listed contaminants.
‘‘(B) SUBSTITUTION OF CONTAMINANTS.—
If the Administrator identifies a drinking water
contaminant the regulation of which, in the
judgment of the Administrator, is more likely to
be protective of public health (taking into ac-
count the schedule for regulation under sub-
paragraph (A)) than a contaminant referred to
in subparagraph (A), the Administrator may
publish a maximum contaminant level goal and
promulgate a national primary drinking water
regulation for the identified contaminant in lieu
of regulating the contaminant referred to in
subparagraph (A). Substitutions may be made
for not more than 7 contaminants referred to
in subparagraph (A). Regulation of a contami-
nant identified under this subparagraph shall
be in accordance with the schedule applicable
to the contaminant for which the substitution
is made.
‘‘(C) DISINFECTANTS AND DISINFECTION
BYPRODUCTS.—
‘‘(i) 
INFORMATION
COLLECTION
RULE.—
‘‘(I) IN
GENERAL.—Not later
than December 31, 1995, the Admin-
istrator shall, after notice and oppor-
tunity for public comment, promulgate
an information collection rule to ob-
tain information that will facilitate
further revisions to the national pri-
mary drinking water regulation for
disinfectants and disinfection byprod-
ucts, including information on micro-
bial 
contaminants 
such 
as
cryptosporidium.
‘‘(II) EXTENSION.—The Admin-
istrator may extend the deadline
under subclause (I) for up to 180
days if the Administrator determines
that progress toward approval of an
appropriate 
analytical 
method 
to
screen for cryptosporidium is suffi-
ciently advanced and approval is likely
to be completed within the additional
time period.
‘‘(ii) ADDITIONAL
DEADLINES.—The
time intervals between promulgation of a
final information collection rule, an In-
terim Enhanced Surface Water Treatment
Rule, a Final Enhanced Surface Water
Treatment Rule, a Stage I Disinfectants
and Disinfection Byproducts Rule, and a
Stage II Disinfectants and Disinfection
Byproducts Rule shall be in accordance
with the schedule published in volume 59,
Federal Register, page 6361 (February 10,
1994), in table III.13 of the proposed In-
formation Collection Rule. If a delay oc-
curs with respect to the promulgation of
any rule in the timetable established by
this subparagraph, all subsequent rules
shall be completed as expeditiously as prac-
ticable subject to agreement by all the par-
ties to the negotiated rulemaking, but no
later than a revised date that reflects the
interval or intervals for the rules in the
timetable.
‘‘(D) PRIOR
REQUIREMENTS.—The re-
quirements of subparagraphs (C) and (D) of
section 1412(b)(3) (as in effect before the
amendment made by section 4(a) of the Safe
Drinking Water Act Amendments of 1995), and
any obligation to promulgate regulations pursu-
ant to such subparagraphs not promulgated as
of the date of enactment of the Safe Drinking
Water Act Amendments of 1995, are super-
seded by this paragraph and paragraph (1).’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 1412(a)(3) (42 U.S.C. 300g–
1(a)(3)) is amended by striking ‘‘paragraph (1), (2),
or (3) of subsection (b)’’ each place it appears and
inserting ‘‘paragraph (1) or (2) of subsection (b)’’.
(2) Section 1415(d) (42 U.S.C. 300g–4(d)) is
amended by striking ‘‘section 1412(b)(3)’’ and in-
serting ‘‘section 1412(b)(7)(A)’’.
SEC. 5. RISK ASSESSMENT, MANAGEMENT, AND COMMU-
NICATION.
Section 1412(b) (42 U.S.C. 300g–1(b)) (as amended
by section 4) is further amended by inserting after para-
graph (2) the following:
‘‘(3) RISK
ASSESSMENT, MANAGEMENT
AND
COMMUNICATION.—
‘‘(A) USE OF SCIENCE IN DECISIONMAK-
ING.—In carrying out this section, and, to the
degree that an Agency action is based on
science in carrying out this title, the Adminis-
trator shall use—
‘‘(i) the best available, peer-reviewed
science and supporting studies conducted
in accordance with sound and objective sci-
entific practices; and
‘‘(ii) data collected by accepted meth-
ods or best available methods (if the reli-
ability of the method and the nature of the
decision justifies use of the data).
‘‘(B) PUBLIC INFORMATION.—In carrying
out this section, the Administrator shall ensure
that the presentation of information on public
health effects is comprehensive, informative and
understandable. The Administrator shall, in a
document made available to the public in sup-
port of a regulation promulgated under this sec-
tion, specify, to the extent practicable—
‘‘(i) each population addressed by any
estimate of public health effects;
‘‘(ii) the expected risk or central esti-
mate of risk for the specific populations;
‘‘(iii) each appropriate upper-bound or
lower-bound estimate of risk;
‘‘(iv) each uncertainty identified in the
process of the assessment of public health
effects and research that would assist in
resolving the uncertainty; and
‘‘(v) peer-reviewed studies known to
the Administrator that support, are di-
rectly relevant to, or fail to support any es-
timate of public health effects and the
methodology used to reconcile inconsist-
encies in the scientific data.
‘‘(C) HEALTH RISK REDUCTION AND COST
ANALYSIS.—
‘‘(i) MAXIMUM
CONTAMINANT
LEV-
ELS.—Not later than 90 days prior to pro-
posing any national primary drinking
water regulation that includes a maximum
contaminant level, the Administrator shall,
with respect to a maximum contaminant
level that would be considered in accord-
ance with paragraph (4) in a proposed reg-
ulation and each alternative maximum con-
taminant level that would be considered in
a proposed regulation pursuant to para-
graph (5) or (6)(A), publish, seek public
comment on, and use for the purposes of
paragraphs (4), (5), and (6) an analysis
of—
‘‘(I) the health risk reduction
benefits (including non-quantifiable
health benefits identified and de-
scribed by the Administrator, except
that such benefits shall not be used by
the Administrator for purposes of de-
termining whether a maximum con-
taminant level is or is not justified
unless there is a factual basis in the
rulemaking record to conclude that
such benefits are likely to occur) ex-
pected as the result of treatment to
comply with each level;
‘‘(II) the health risk reduction
benefits (including non-quantifiable
health benefits identified and de-
scribed by the Administrator, except
that such benefits shall not be used by
the Administrator for purposes of de-
termining whether a maximum con-
taminant level is or is not justified
unless there is a factual basis in the
rulemaking record to conclude that
such benefits are likely to occur) ex-
pected from reductions in co-occurring
contaminants that may be attributed
solely to compliance with the maxi-
mum contaminant level, excluding
benefits resulting from compliance
with other proposed or promulgated
regulations;
‘‘(III) the costs (including non-
quantifiable costs identified and de-
scribed by the Administrator, except
that such costs shall not be used by
the Administrator for purposes of de-
termining whether a maximum con-
taminant level is or is not justified
unless there is a factual basis in the
rulemaking record to conclude that
such costs are likely to occur) ex-
pected solely as a result of compliance
with the maximum contaminant level,
including monitoring, treatment, and
other costs and excluding costs result-
ing from compliance with other pro-
posed or promulgated regulations;
‘‘(IV) the incremental costs and
benefits associated with each alter-
native maximum contaminant level
considered;
‘‘(V) the effects of the contami-
nant on the general population and on
groups within the general population
such as infants, children, pregnant
women, the elderly, individuals with a
history of serious illness, or other sub-
populations that are identified as like-
ly to be at greater risk of adverse
health effects due to exposure to con-
taminants in drinking water than the
general population;
‘‘(VI) any increased health risk
that may occur as the result of com-
pliance, including risks associated
with co-occurring contaminants; and
‘‘(VII) other relevant factors, in-
cluding the quality and extent of the
information, the uncertainties in the
analysis supporting subclauses (I)
through (VI), and factors with respect
to the degree and nature of the risk.
‘‘(ii) TREATMENT TECHNIQUES.—Not
later than 90 days prior to proposing a na-
tional primary drinking water regulation
that includes a treatment technique in ac-
cordance with paragraph (7)(A), the Ad-
ministrator shall publish and seek public
comment on an analysis of the health risk
reduction benefits and costs likely to be ex-
perienced as the result of compliance with
the treatment technique and alternative
treatment techniques that would be consid-
ered in a proposed regulation, taking into
account, as appropriate, the factors de-
scribed in clause (i).
‘‘(iii) APPROACHES TO MEASURE AND
VALUE
BENEFITS.—The 
Administrator
may identify valid approaches for the
measurement and valuation of benefits
under this subparagraph, including ap-
proaches to identify consumer willingness
to pay for reductions in health risks from
drinking water contaminants.
‘‘(iv) FORM OF NOTICE.—Whenever a
national primary drinking water regulation
is expected to result in compliance costs
greater than $75,000,000 per year, the
Administrator shall provide the notice re-
quired by clause (i) or (ii) through an ad-
vanced notice of proposed rulemaking.
‘‘(v) AUTHORIZATION.—There are au-
thorized to be appropriated to the Admin-
istrator, acting through the Office of
Ground Water and Drinking Water, to
conduct studies, assessments, and analyses
in support of regulations or the develop-
ment of methods, $35,000,000 for each of
fiscal years 1996 through 2003.’’.
SEC. 6. STANDARD-SETTING; REVIEW OF STANDARDS.
(a) IN
GENERAL.—Section 1412(b) (42 U.S.C.
300g–1(b)) is amended—
(1) in paragraph (4)—
(A) by striking ‘‘(4) Each’’ and inserting
the following:
‘‘(4) GOALS AND STANDARDS.—
‘‘(A) 
MAXIMUM
CONTAMINANT
LEVEL
GOALS.—Each’’;
(B) in subparagraph (A) (as so des-
ignated), by inserting after the first sentence
the following: ‘‘The maximum contaminant level
goal for contaminants that are known or likely
to cause cancer in humans may be set at a level
other than zero, if the Administrator deter-
mines, based on the best available, peer-re-
viewed science, that there is a threshold level
below which there is unlikely to be any increase
in cancer risk and the Administrator sets the
maximum contaminant level goal at that level
with an adequate margin of safety.’’;
(C) in the last sentence—
(i) by striking ‘‘Each national’’ and
inserting the following:
‘‘(B) MAXIMUM CONTAMINANT LEVELS.—
Except as provided in paragraphs (5) and (6),
each national’’; and
(ii) by striking ‘‘maximum level’’ and
inserting ‘‘maximum contaminant level’’;
and
(D) by adding at the end the following:
‘‘(C) DETERMINATION.—At the time the
Administrator proposes a national primary
drinking water regulation under this paragraph,
the Administrator shall publish a determination
as to whether the benefits of the maximum con-
taminant level justify, or do not justify, the
costs based on the analysis conducted under
paragraph (3)(C).’’;
(2) by striking ‘‘(5) For the’’ and inserting the
following:
‘‘(D) DEFINITION
OF
FEASIBLE.—For
the’’;
(3) in the second sentence of paragraph (4)(D)
(as so designated), by striking ‘‘paragraph (4)’’ and
inserting ‘‘this paragraph’’;
(4) by striking ‘‘(6) Each national’’ and insert-
ing the following:
‘‘(E) 
FEASIBLE
TECHNOLOGIES.—Each
national’’;
(5) in paragraph (4)(E) (as so designated), by
striking ‘‘this paragraph’’ and inserting ‘‘this sub-
section’’; and
(6) by inserting after paragraph (4) (as so
amended) the following:
‘‘(5) ADDITIONAL
HEALTH
RISK
CONSIDER-
ATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (4), the Administrator may establish a
maximum contaminant level for a contaminant
at a level other than the feasible level, if the
technology, treatment techniques, and other
means used to determine the feasible level
would result in an increase in the health risk
from drinking water by—
‘‘(i) increasing the concentration of
other contaminants in drinking water; or
‘‘(ii) interfering with the efficacy of
drinking water treatment techniques or
processes that are used to comply with
other national primary drinking water reg-
ulations.
‘‘(B) ESTABLISHMENT OF LEVEL.—If the
Administrator establishes a maximum contami-
nant level or levels or requires the use of treat-
ment techniques for any contaminant or con-
taminants pursuant to the authority of this
paragraph—
‘‘(i) the level or levels or treatment
techniques shall minimize the overall risk
of adverse health effects by balancing the
risk from the contaminant and the risk
from other contaminants the concentra-
tions of which may be affected by the use
of a treatment technique or process that
would be employed to attain the maximum
contaminant level or levels; and
‘‘(ii) the combination of technology,
treatment techniques, or other means re-
quired to meet the level or levels shall not
be more stringent than is feasible (as de-
fined in paragraph (4)(D)).
‘‘(6) ADDITIONAL
HEALTH
RISK
REDUCTION
AND COST CONSIDERATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (4), if the Administrator determines
based on an analysis conducted under para-
graph (3)(C) that the benefits of a maximum
contaminant level promulgated in accordance
with paragraph (4) would not justify the costs
of complying with the level, the Administrator
may, after notice and opportunity for public
comment, promulgate a maximum contaminant
level for the contaminant that maximizes health
risk reduction benefits at a cost that is justified
by the benefits.
‘‘(B) 
EXCEPTION.—The 
Administrator
shall not use the authority of this paragraph to
promulgate a maximum contaminant level for a
contaminant, if the benefits of compliance with
a national primary drinking water regulation
for the contaminant that would be promulgated
in accordance with paragraph (4) experienced
by—
‘‘(i) persons served by large public
water systems; and
‘‘(ii) persons served by such other sys-
tems as are unlikely, based on information
provided by the States, to receive a vari-
ance under section 1415(e);
would justify the costs to the systems of com-
plying with the regulation. This subparagraph
shall not apply if the contaminant is found al-
most exclusively in small systems (as defined in
section 1415(e)).
‘‘(C) DISINFECTANTS AND DISINFECTION
BYPRODUCTS.—The Administrator may not use
the authority of this paragraph to establish a
maximum contaminant level in a Stage I or
Stage II national primary drinking water regu-
lation for contaminants that are disinfectants
or disinfection byproducts (as described in para-
graph (2)), or to establish a maximum contami-
nant level or treatment technique requirement
for the control of cryptosporidium. The author-
ity of this paragraph may be used to establish
regulations for the use of disinfection by sys-
tems relying on ground water sources as re-
quired by paragraph (8).
‘‘(D) JUDICIAL REVIEW.—A determination
by the Administrator that the benefits of a
maximum contaminant level or treatment re-
quirement justify or do not justify the costs of
complying with the level shall be reviewed by
the court pursuant to section 1448 only as part
of a review of a final national primary drinking
water regulation that has been promulgated
based on the determination and shall not be set
aside by the court under that section, unless the
court finds that the determination is arbitrary
and capricious.’’.
(b) DISINFECTANTS
AND DISINFECTION BYPROD-
UCTS.—The Administrator of the Environmental Protec-
tion Agency may use the authority of section 1412(b)(5)
of the Public Health Service Act (as amended by sub-
section (a)) to promulgate the Stage I rulemaking for dis-
infectants and disinfection byproducts as proposed in vol-
ume 59, Federal Register, page 38668 (July 29, 1994).
Unless new information warrants a modification of the
proposal as provided for in the ‘‘Disinfection and Disinfec-
tion Byproducts Negotiated Rulemaking Committee
Agreement’’, nothing in such section shall be construed
to require the Administrator to modify the provisions of
the rulemaking as proposed.
(c) REVIEW OF STANDARDS.—Section 1412(b) (42
U.S.C. 300g–1(b)) is amended by striking paragraph (9)
and inserting the following:
‘‘(9) REVIEW
AND
REVISION.—The Adminis-
trator shall, not less often than every 6 years, review
and revise, as appropriate, each national primary
drinking water regulation promulgated under this
title. Any revision of a national primary drinking
water regulation shall be promulgated in accordance
with this section, except that each revision shall
maintain or provide for greater protection of the
health of persons.’’.
SEC. 7. ARSENIC.
Section 1412(b) (42 U.S.C. 300g–1(b)) is amended
by adding at the end the following:
‘‘(12) ARSENIC.—
‘‘(A) SCHEDULE
AND
STANDARD.—Not-
withstanding paragraph (2), the Administrator
shall promulgate a national primary drinking
water regulation for arsenic in accordance with
the schedule established by this paragraph and
pursuant to this subsection.
‘‘(B) RESEARCH
PLAN.—Not later than
180 days after the date of enactment of this
paragraph, the Administrator shall develop a
comprehensive plan for research in support of
drinking water rulemaking to reduce the uncer-
tainty in assessing health risks associated with
exposure to low levels of arsenic. The Adminis-
trator shall consult with the Science Advisory
Board established by section 8 of the Environ-
mental Research, Development, and Dem-
onstration Act of 1978 (42 U.S.C. 4365), other
Federal agencies, and interested public and pri-
vate entities.
‘‘(C) RESEARCH PROJECTS.—The Admin-
istrator shall carry out the research plan, tak-
ing care to avoid duplication of other research
in progress. The Administrator may enter into
cooperative research agreements with other
Federal agencies, State and local governments,
and other interested public and private entities
to carry out the research plan.
‘‘(D) ASSESSMENT.—Not later than 31⁄2
years after the date of enactment of this para-
graph, the Administrator shall review the
progress of the research to determine whether
the health risks associated with exposure to low
levels of arsenic are sufficiently well understood
to proceed with a national primary drinking
water regulation. The Administrator shall con-
sult with the Science Advisory Board, other
Federal agencies, and other interested public
and private entities as part of the review.
‘‘(E) PROPOSED
REGULATION.—The Ad-
ministrator shall propose a national primary
drinking water regulation for arsenic not later
than January 1, 2000.
‘‘(F) FINAL REGULATION.—Not later than
January 1, 2001, after notice and opportunity
for public comment, the Administrator shall
promulgate a national primary drinking water
regulation for arsenic.’’.
SEC. 8. RADON.
Section 1412(b) (42 U.S.C. 300g–1(b)) (as amended
by section 7) is further amended by adding at the end
the following:
‘‘(13) RADON IN DRINKING WATER.—
‘‘(A) 
REGULATION.—Notwithstanding
paragraph (2), not later than 180 days after
the date of enactment of this paragraph, the
Administrator shall promulgate a national pri-
mary drinking water regulation for radon.
‘‘(B) MAXIMUM
CONTAMINANT
LEVEL.—
Notwithstanding any other provision of law, the
regulation shall provide for a maximum con-
taminant level for radon of 3,000 picocuries per
liter.
‘‘(C) REVISION.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), a revision to the regulation promul-
gated under subparagraph (A) may be
made pursuant to this subsection. The re-
vision may include a maximum contami-
nant level less stringent than 3,000
picocuries per liter as provided in para-
graphs (4) and (9) or a maximum contami-
nant level more stringent than 3,000
picocuries per liter as provided in clause
(ii).
‘‘(ii) 
MAXIMUM
CONTAMINANT
LEVEL.—
‘‘(I) CRITERIA FOR REVISION.—
The Administrator shall not revise the
maximum contaminant level for radon
to a more stringent level than the
level established under subparagraph
(B) unless—
‘‘(aa) the revision is made to
reflect consideration of risks from
the ingestion of radon in drinking
water and episodic uses of drink-
ing water;
‘‘(bb) the revision is sup-
ported by peer-reviewed scientific
studies conducted in accordance
with sound and objective sci-
entific practices; and
‘‘(cc) based on the studies,
the 
National 
Academy 
of
Sciences and the Science Advi-
sory Board, established by sec-
tion 8 of the Environmental Re-
search, Development, and Dem-
onstration Act of 1978 (42
U.S.C. 4365), consider a revision
of the maximum contaminant
level to be appropriate.
‘‘(II) AMOUNT OF REVISION.—If
the Administrator determines to revise
the maximum contaminant level for
radon in accordance with subclause
(I), the maximum contaminant level
shall be revised to a level that is no
more stringent than is necessary to
reduce risks to human health from
radon in drinking water to a level that
is equivalent to risks to human health
from radon in outdoor air based on
the national average concentration of
radon in outdoor air.’’.
SEC. 9. SULFATE.
Section 1412(b) (42 U.S.C. 300g–1(b)) (as amended
by section 8) is further amended by adding at the end
the following:
‘‘(14) SULFATE.—
‘‘(A) ADDITIONAL
RESEARCH.—Prior to
promulgating a national primary drinking water
regulation for sulfate the Administrator and the
Director of the Centers for Disease Control
shall jointly conduct additional research to es-
tablish a reliable dose-response relationship for
the adverse health effects that may result from
exposure to sulfate in drinking water, including
the health effects that may be experienced by
groups within the general population (including
infants and travelers) that are potentially at
greater risk of adverse health effects as the re-
sult of such exposure. The research shall be
conducted 
in 
consultation 
with 
interested
States, shall be based on the best available,
peer-reviewed science and supporting studies
conducted in accordance with sound and objec-
tive scientific practices and shall be completed
not later than 30 months after the date of en-
actment of this paragraph.
‘‘(B) PROPOSED AND FINAL RULE.—Prior
to promulgating a national primary drinking
water regulation for sulfate and after consulta-
tion with interested States, the Administrator
shall publish a notice of proposed rulemaking
that shall supersede the proposal published in
December, 1994. For purposes of the proposed
and final rule, the Administrator may specify in
the regulation requirements for public notifica-
tion and options for the provision of alternative
water supplies to populations at risk as a
means of complying with the regulation in lieu
of a best available treatment technology or
other means. The Administrator shall, pursuant
to the authorities of this subsection and after
notice and opportunity for public comment, pro-
mulgate a final national primary drinking water
regulation for sulfate not later than 48 months
after the date of enactment of this paragraph.
‘‘(C) EFFECT ON OTHER LAWS.—
‘‘(i) FEDERAL LAWS.—Notwithstand-
ing part C, section 311 of the Federal
Water Pollution Control Act (33 U.S.C.
1321), subtitle C or D of the Solid Waste
Disposal Act (42 U.S.C. 6921 et seq.), or
section 107 or 121(d) of the Comprehen-
sive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C.
9607 and 9621(d)), no national primary
drinking water regulation for sulfate shall
be—
‘‘(I) used as a standard for deter-
mining compliance with any provision
of any law other than this subsection;
‘‘(II) used as a standard for de-
termining appropriate cleanup levels
or whether cleanup should be under-
taken with respect to any facility or
site;
‘‘(III) considered to be an appli-
cable or relevant and appropriate re-
quirement for any such cleanup; or
‘‘(IV) used for the purpose of de-
fining injury to a natural resource;
unless the Administrator, by rule and after
notice and opportunity for public comment,
determines that the regulation is appro-
priate for a use described in subclause (I),
(II), (III), or (IV).
‘‘(ii) STATE
LAWS.—This subpara-
graph shall not affect any requirement of
State law, including the applicability of
any State standard similar to the regula-
tion published under this paragraph as a
standard for any cleanup action, compli-
ance action, or natural resource damage
action taken pursuant to such a law.’’.
SEC. 10. FILTRATION AND DISINFECTION.
(a) 
FILTRATION
CRITERIA.—Section
1412(b)(7)(C)(i) is amended by adding at the end thereof
the following: ‘‘Not later than 18 months after the date
of enactment of the Safe Drinking Water Act Amend-
ments of 1995, the Administrator shall amend the criteria
issued under this clause to provide that a State exercising
primary enforcement responsibility for public water sys-
tems may, on a case-by-case basis, establish treatment re-
quirements as an alternative to filtration in the case of
systems having uninhabited, undeveloped watersheds in
consolidated ownership, and having control over access to,
and activities in, those watersheds, if the State determines
(and the Administrator concurs) that the quality of the
source water and the alternative treatment requirements
established by the State ensure significantly greater re-
moval efficiencies of pathogenic organisms for which na-
tional primary drinking water regulations have been pro-
mulgated or that are of public health concern than would
be achieved by the combination of filtration and chlorine
disinfection (in compliance with this paragraph and para-
graph (8)).’’.
(b) FILTRATION TECHNOLOGY
FOR SMALL SYS-
TEMS.—Section 
1412(b)(7)(C) 
(42 
U.S.C. 
300g–
1(b)(7)(C)) is amended by adding at the end the following:
‘‘(v) FILTRATION
TECHNOLOGY
FOR
SMALL SYSTEMS.—At the same time as the
Administrator proposes an Interim En-
hanced Surface Water Treatment Rule
pursuant to paragraph (2)(C)(ii), the Ad-
ministrator shall propose a regulation that
describes treatment techniques that meet
the requirements for filtration pursuant to
this subparagraph and are feasible for
community water systems serving a popu-
lation of 3,300 or fewer and noncommunity
water systems.’’.
(c) GROUND WATER DISINFECTION.—The first sen-
tence of section 1412(b)(8) (42 U.S.C. 300g–1(b)(8)) is
amended—
(1) by striking ‘‘Not later than 36 months after
the enactment of the Safe Drinking Water Act
Amendments of 1986, the Administrator shall pro-
pose and promulgate’’ and inserting ‘‘At any time
after the end of the 3-year period that begins on the
date of enactment of the Safe Drinking Water Act
Amendments of 1995 but not later than the date on
which the Administrator promulgates a Stage II
rulemaking for disinfectants and disinfection byprod-
ucts (as described in paragraph (2)), the Adminis-
trator shall also promulgate’’; and
(2) by striking the period at the end and insert-
ing the following: ‘‘, including surface water systems
and, as necessary, ground water systems. After con-
sultation with the States, the Administrator shall (as
part of the regulations) promulgate criteria that the
Administrator, or a State that has primary enforce-
ment responsibility under section 1413, shall apply
to determine whether disinfection shall be required
as a treatment technique for any public water sys-
tem served by ground water.’’.
SEC. 11. EFFECTIVE DATE FOR REGULATIONS.
Section 1412(b) (42 U.S.C. 300g–1(b)) is amended
by striking paragraph (10) and inserting the following:
‘‘(10) EFFECTIVE DATE.—A national primary
drinking water regulation promulgated under this
section shall take effect on the date that is 3 years
after the date on which the regulation is promul-
gated unless the Administrator determines that an
earlier date is practicable, except that the Adminis-
trator, or a State in the case of an individual sys-
tem, may allow up to 2 additional years to comply
with a maximum contaminant level or treatment
technique if the Administrator or State determines
that additional time is necessary for capital improve-
ments.’’.
SEC. 12. TECHNOLOGY AND TREATMENT TECHNIQUES;
TECHNOLOGY CENTERS.
(a) SYSTEM TREATMENT TECHNOLOGIES.—Section
1412(b) (42 U.S.C. 300g–1(b)) (as amended by section
9) is further amended by adding at the end the following:
‘‘(15) SYSTEM TREATMENT TECHNOLOGIES.—
‘‘(A) GUIDANCE OR REGULATIONS.—
‘‘(i) IN GENERAL.—At the same time
as the Administrator promulgates a na-
tional primary drinking water regulation
pursuant to this section, the Administrator
nology, and installation and operation and
maintenance requirements for the tech-
nology.
‘‘(iii) 
LIMITATION.—The 
Adminis-
trator shall not issue guidance or regula-
tions for a technology under this para-
graph unless the technology adequately
protects human health, considering the ex-
pected useful life of the technology and the
source waters available to systems for
which the technology is considered to be
feasible.
‘‘(B) REGULATIONS AND GUIDANCE.—Not
later than 2 years after the date of enactment
of this paragraph and after consultation with
the States, the Administrator shall issue guid-
ance or regulations under subparagraph (A) for
each national primary drinking water regulation
promulgated prior to the date of enactment of
this paragraph for which a variance may be
granted under section 1415(e). The Adminis-
trator may, at any time after a national pri-
mary drinking water regulation has been pro-
mulgated, issue guidance or regulations describ-
ing additional or new or innovative treatment
technologies that meet the requirements of sub-
paragraph (A) for public water systems de-
scribed in subparagraph (A)(i) that are subject
to the regulation.
‘‘(C) NO SPECIFIED TECHNOLOGY.—A de-
scription under subparagraph (A) of the best
technology or other means available shall not be
considered to require or authorize that the spec-
ified technology or other means be used for the
purpose of meeting the requirements of any na-
tional primary drinking water regulation.’’.
(b) TECHNOLOGIES AND TREATMENT TECHNIQUES
FOR
SMALL
SYSTEMS.—Section 
1412(b)(4)(E) 
(as
amended by section 6(a)) is further amended by adding
at the end the following: ‘‘The Administrator shall include
in the list any technology, treatment technique, or other
means that is feasible for small public water systems serv-
ing—
‘‘(i) a population of 10,000 or fewer
but more than 3,300;
‘‘(ii) a population of 3,300 or fewer
but more than 500; and
‘‘(iii) a population of 500 or fewer but
more than 25;
and that achieves compliance with the maxi-
mum contaminant level or treatment technique,
including packaged or modular systems and
point-of-entry or point-of-use treatment units
that are owned, controlled and maintained by
the public water system or by a person under
contract with the public water system to ensure
proper operation and maintenance and compli-
ance with the maximum contaminant level and
equipped with mechanical warnings to ensure
that customers are automatically notified of
operational problems. The Administrator shall
not include in the list any point-of-use treat-
ment technology, treatment technique, or other
means to achieve compliance with a maximum
contaminant level or treatment technique re-
quirement for a microbial contaminant (or an
indicator of a microbial contaminant). If the
American National Standards Institute has is-
sued product standards applicable to a specific
type of point-of-entry or point-of-use treatment
device, individual units of that type shall not be
accepted for compliance with a maximum con-
taminant level or treatment technique require-
ment unless they are independently certified in
accordance with such standards.’’.
(c) AVAILABILITY OF INFORMATION ON SMALL SYS-
TEM TECHNOLOGIES.—Section 1445 (42 U.S.C. 300j–4)
is amended by adding at the end the following:
‘‘(g) AVAILABILITY OF INFORMATION ON SMALL SYS-
TEM
TECHNOLOGIES.—For purposes of paragraphs
(4)(E) and (15) of section 1412(b), the Administrator
may request information on the characteristics of commer-
cially available treatment systems and technologies, in-
cluding the effectiveness and performance of the systems
and technologies under various operating conditions. The
Administrator may specify the form, content, and date by
which information shall be submitted by manufacturers,
States, and other interested persons for the purpose of
considering the systems and technologies in the develop-
ment of regulations or guidance under paragraph (4)(E)
or (15) of section 1412(b).’’.
(d) SMALL WATER SYSTEMS TECHNOLOGY CEN-
TERS.—Section 1442 (42 U.S.C. 300j–1) is amended by
adding at the end the following:
‘‘(h) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY
ASSISTANCE CENTERS.—
‘‘(1) GRANT PROGRAM.—The Administrator is
authorized to make grants to institutions of higher
learning to establish and operate not fewer than 5
small public water system technology assistance cen-
ters in the United States.
‘‘(2) RESPONSIBILITIES
OF
THE
CENTERS.—
The responsibilities of the small public water system
technology assistance centers established under this
subsection shall include the conduct of research,
training, and technical assistance relating to the in-
formation, performance, and technical needs of small
public water systems or public water systems that
serve Indian Tribes.
‘‘(3) APPLICATIONS.—Any institution of higher
learning interested in receiving a grant under this
subsection shall submit to the Administrator an ap-
plication in such form and containing such informa-
tion as the Administrator may require by regulation.
‘‘(4) SELECTION CRITERIA.—The Administrator
shall select recipients of grants under this subsection
on the basis of the following criteria:
‘‘(A) The small public water system tech-
nology assistance center shall be located in a
State that is representative of the needs of the
region in which the State is located for address-
ing the drinking water needs of rural small
communities or Indian Tribes.
‘‘(B) The grant recipient shall be located
in a region that has experienced problems with
rural water supplies.
‘‘(C) There is available to the grant recipi-
ent for carrying out this subsection dem-
onstrated expertise in water resources research,
technical assistance, and training.
‘‘(D) The grant recipient shall have the ca-
pability to provide leadership in making na-
tional and regional contributions to the solution
of both long-range and intermediate-range rural
water system technology management problems.
‘‘(E) The grant recipient shall have a dem-
onstrated interdisciplinary capability with ex-
pertise in small public water system technology
management and research.
‘‘(F) The grant recipient shall have a dem-
onstrated capability to disseminate the results
of small public water system technology re-
search and training programs through an inter-
disciplinary continuing education program.
‘‘(G) The projects that the grant recipient
proposes to carry out under the grant are nec-
essary and appropriate.
‘‘(H) The grant recipient has regional sup-
port beyond the host institution.
‘‘(I) The grant recipient shall include the
participation of water resources research insti-
tutes established under section 104 of the
Water Resources Research Act of 1984 (42
U.S.C. 10303).
‘‘(5) ALASKA.—For purposes of this subsection,
the State of Alaska shall be considered to be a re-
gion.
‘‘(6) CONSORTIA OF STATES.—At least 2 of the
grants under this subsection shall be made to con-
sortia of States with low population densities. In this
paragraph, the term ‘consortium of States with low
population densities’ means a consortium of States,
each State of which has an average population den-
sity of less than 12.3 persons per square mile, based
on data for 1993 from the Bureau of the Census.
‘‘(7) ADDITIONAL CONSIDERATIONS.—At least
one center established under this subsection shall
focus primarily on the development and evaluation of
new technologies and new combinations of existing
technologies that are likely to provide more reliable
or lower cost options for providing safe drinking
water. This center shall be located in a geographic
region of the country with a high density of small
systems, at a university with an established record
of developing and piloting small treatment tech-
nologies in cooperation with industry, States, com-
munities, and water system associations.
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to make
grants under this subsection $10,000,000 for each
of fiscal years 1995 through 2003.’’.
SEC. 13. VARIANCES AND EXEMPTIONS.
(a) TECHNOLOGY
AND TREATMENT TECHNIQUES
FOR SYSTEMS ISSUED VARIANCES.—The second sentence
of section 1415(a)(1)(A) (42 U.S.C. 300g–4(a)(1)(A)) is
amended—
(1) by striking ‘‘only be issued to a system after
the system’s application of’’ and inserting ‘‘be issued
to a system on condition that the system install’’;
and
(2) by inserting before the period at the end the
following: ‘‘, and based upon an evaluation satisfac-
tory to the State that indicates that alternative
sources of water are not reasonably available to the
system’’.
(b) EXEMPTIONS.—Section 1416 (42 U.S.C. 300g–
5) is amended—
(1) in subsection (a)(1)—
(A) by inserting after ‘‘(which may include
economic factors’’ the following: ‘‘, including
qualification of the public water system as a
system serving a disadvantaged community pur-
suant to section 1473(e)(1)’’; and
(B) by inserting after ‘‘treatment tech-
nique requirement,’’ the following: ‘‘or to imple-
ment measures to develop an alternative source
of water supply,’’;
(2) in subsection (b)(1)(A)—
(A) by striking ‘‘(including increments of
progress)’’ and inserting ‘‘(including increments
of progress or measures to develop an alter-
native source of water supply)’’; and
(B) by striking ‘‘requirement and treat-
ment’’ and inserting ‘‘requirement or treat-
ment’’; and
(3) in subsection (b)(2)—
(A) by striking ‘‘(except as provided in
subparagraph (B))’’ in subparagraph (A) and
all that follows through ‘‘3 years after the date
of the issuance of the exemption if’’ in subpara-
graph (B) and inserting the following: ‘‘not
later than 3 years after the otherwise applicable
compliance 
date 
established 
in 
section
1412(b)(10).
‘‘(B) No exemption shall be granted unless’’;
(B) in subparagraph (B)(i), by striking
‘‘within the period of such exemption’’ and in-
serting ‘‘prior to the date established pursuant
to section 1412(b)(10)’’;
(C) in subparagraph (B)(ii), by inserting
after ‘‘such financial assistance’’ the following:
‘‘or assistance pursuant to part G, or any other
Federal or State program is reasonably likely to
be available within the period of the exemp-
tion’’;
(D) in subparagraph (C)—
(i) by striking ‘‘500 service connec-
tions’’ and inserting ‘‘a population of
3,300’’; and
(ii) by inserting ‘‘, but not to exceed
a total of 6 years,’’ after ‘‘for one or more
additional 2-year periods’’; and
(E) by adding at the end the following:
‘‘(D) LIMITATION.—A public water system may not
receive an exemption under this section if the system was
granted a variance under section 1415(e).’’.
SEC. 14. SMALL SYSTEMS; TECHNICAL ASSISTANCE.
(a) SMALL SYSTEM VARIANCES.—Section 1415 (42
U.S.C. 300g–4) is amended by adding at the end the fol-
lowing:
‘‘(e) SMALL SYSTEM VARIANCES.—
‘‘(1) IN GENERAL.—The Administrator (or a
State with primary enforcement responsibility for
public water systems under section 1413) may grant
to a public water system serving a population of
10,000 or fewer (referred to in this subsection as a
‘small system’) a variance under this subsection for
compliance with a requirement specifying a maxi-
mum contaminant level or treatment technique con-
tained in a national primary drinking water regula-
tion, if the variance meets each requirement of this
subsection.
‘‘(2) AVAILABILITY
OF
VARIANCES.—A small
system may receive a variance under this subsection
if the system installs, operates, and maintains, in ac-
cordance with guidance or regulations issued by the
Administrator, treatment technology that is feasible
for small systems as determined by the Adminis-
trator pursuant to section 1412(b)(15).
‘‘(3) CONDITIONS FOR GRANTING VARIANCES.—
A variance under this subsection shall be available
only to a system—
‘‘(A) that cannot afford to comply, in ac-
cordance with affordability criteria established
by the Administrator (or the State in the case
of a State that has primary enforcement re-
sponsibility under section 1413), with a na-
tional primary drinking water regulation, in-
cluding compliance through—
‘‘(i) treatment;
‘‘(ii) alternative source of water sup-
ply; or
‘‘(iii) restructuring or consolidation
(unless the Administrator (or the State in
the case of a State that has primary en-
forcement 
responsibility 
under 
section
1413) makes a written determination that
restructuring or consolidation is not fea-
sible or appropriate based on other speci-
fied public policy considerations); and
‘‘(B) for which the Administrator (or the
State in the case of a State that has primary
enforcement responsibility under section 1413)
determines that the terms of the variance en-
sure adequate protection of human health, con-
sidering the quality of the source water for the
system and the removal efficiencies and ex-
pected useful life of the treatment technology
required by the variance.
‘‘(4) APPLICATIONS.—An application for a vari-
ance for a national primary drinking water regula-
tion under this subsection shall be submitted to the
Administrator (or the State in the case of a State
that has primary enforcement responsibility under
section 1413) not later than the date that is the
later of—
‘‘(A) 3 years after the date of enactment
of this subsection; or
‘‘(B) 1 year after the compliance date of
the national primary drinking water regulation
as established under section 1412(b)(10) for
which a variance is requested.
‘‘(5) VARIANCE REVIEW AND DECISION.—
‘‘(A) TIMETABLE.—The Administrator (or
the State in the case of a State that has pri-
mary enforcement responsibility under section
1413) shall grant or deny a variance not later
than 1 year after the date of receipt of the ap-
plication.
‘‘(B) PENALTY MORATORIUM.—Each pub-
lic water system that submits a timely applica-
tion for a variance under this subsection shall
not be subject to a penalty in an enforcement
action under section 1414 for a violation of a
maximum contaminant level or treatment tech-
nique in the national primary drinking water
regulation with respect to which the variance
application was submitted prior to the date of
a decision to grant or deny the variance.
‘‘(6) COMPLIANCE SCHEDULES.—
‘‘(A) VARIANCES.—A variance granted
under this subsection shall require compliance
with the conditions of the variance not later
than 3 years after the date on which the vari-
ance is granted, except that the Administrator
(or the State in the case of a State that has
primary enforcement responsibility under sec-
tion 1413) may allow up to 2 additional years
to comply with a treatment technique, secure an
alternative source of water, or restructure if the
Administrator (or the State) determines that
additional time is necessary for capital improve-
ments, or to allow for financial assistance pro-
vided pursuant to part G or any other Federal
or State program.
‘‘(B) DENIED APPLICATIONS.—If the Ad-
ministrator (or the State in the case of a State
that has primary enforcement responsibility
under section 1413) denies a variance applica-
tion under this subsection, the public water sys-
tem shall come into compliance with the re-
quirements of the national primary drinking
water regulation for which the variance was re-
quested not later than 4 years after the date on
which the national primary drinking water reg-
ulation was promulgated.
‘‘(7) DURATION OF VARIANCES.—
‘‘(A) IN GENERAL.—The Administrator (or
the State in the case of a State that has pri-
mary enforcement responsibility under section
1413) shall review each variance granted under
this subsection not less often than every 5 years
after the compliance date established in the
variance to determine whether the system re-
mains eligible for the variance and is conform-
ing to each condition of the variance.
‘‘(B) REVOCATION
OF
VARIANCES.—The
Administrator (or the State in the case of a
State that has primary enforcement responsibil-
ity under section 1413) shall revoke a variance
in effect under this subsection if the Adminis-
trator (or the State) determines that—
‘‘(i) the system is no longer eligible
for a variance;
‘‘(ii) the system has failed to comply
with any term or condition of the variance,
other than a reporting or monitoring re-
quirement, unless the failure is caused by
circumstances outside the control of the
system; or
‘‘(iii) the terms of the variance do not
ensure adequate protection of human
health, considering the quality of source
water available to the system and the re-
moval efficiencies and expected useful life
of the treatment technology required by
the variance.
‘‘(8) INELIGIBILITY FOR VARIANCES.—A vari-
ance shall not be available under this subsection
for—
‘‘(A) any maximum contaminant level or
treatment technique for a contaminant with re-
spect to which a national primary drinking
water regulation was promulgated prior to Jan-
uary 1, 1986; or
‘‘(B) a national primary drinking water
regulation for a microbial contaminant (includ-
ing a bacterium, virus, or other organism) or an
indicator or treatment technique for a microbial
contaminant.
‘‘(9) REGULATIONS AND GUIDANCE.—
‘‘(A) IN GENERAL.—Not later than 2 years
after the date of enactment of this subsection
and in consultation with the States, the Admin-
istrator 
shall 
promulgate 
regulations 
for
variances to be granted under this subsection.
The regulations shall, at a minimum, specify—
‘‘(i) procedures to be used by the Ad-
ministrator or a State to grant or deny
variances, including requirements for noti-
fying the Administrator and consumers of
the public water system applying for a
variance and requirements for a public
hearing on the variance before the variance
is granted;
‘‘(ii) requirements for the installation
and proper operation of treatment tech-
nology that is feasible (pursuant to section
1412(b)(15)) for small systems and the fi-
nancial and technical capability to operate
the treatment system, including operator
training and certification;
‘‘(iii) eligibility criteria for a variance
for each national primary drinking water
regulation, including requirements for the
quality of the source water (pursuant to
section 1412(b)(15)(A)); and
‘‘(iv) information requirements for
variance applications.
‘‘(B) 
AFFORDABILITY
CRITERIA.—Not
later than 18 months after the date of enact-
ment of the Safe Drinking Water Act Amend-
ments of 1995, the Administrator, in consulta-
tion with the States and the Rural Utilities
Service of the Department of Agriculture, shall
publish information to assist the States in de-
veloping affordability criteria. The affordability
criteria shall be reviewed by the States not less
often than every 5 years to determine if
changes are needed to the criteria.
‘‘(10) REVIEW BY THE ADMINISTRATOR.—
‘‘(A) IN
GENERAL.—The Administrator
shall periodically review the program of each
State that has primary enforcement responsibil-
ity for public water systems under section 1413
with respect to variances to determine whether
the variances granted by the State comply with
the requirements of this subsection. With re-
spect to affordability, the determination of the
Administrator shall be limited to whether the
variances granted by the State comply with the
affordability criteria developed by the State.
‘‘(B) NOTICE AND PUBLICATION.—If the
Administrator determines that variances grant-
ed by a State are not in compliance with afford-
ability criteria developed by the State and the
requirements of this subsection, the Adminis-
trator shall notify the State in writing of the
deficiencies and make public the determination.
‘‘(C) OBJECTIONS TO VARIANCES.—
‘‘(i) BY
THE
ADMINISTRATOR.—The
Administrator may review and object to
any variance proposed to be granted by a
State, if the objection is communicated to
the State not later than 90 days after the
State proposes to grant the variance. If the
Administrator objects to the granting of a
variance, the Administrator shall notify the
State in writing of each basis for the objec-
tion and propose a modification to the
variance to resolve the concerns of the Ad-
ministrator. The State shall make the rec-
ommended modification or respond in writ-
ing to each objection. If the State issues
the variance without resolving the concerns
of the Administrator, the Administrator
may overturn the State decision to grant
the variance if the Administrator deter-
mines that the State decision does not
comply with this subsection.
‘‘(ii) PETITION BY CONSUMERS.—Not
later than 30 days after a State with pri-
mary enforcement responsibility for public
water systems under section 1413 proposes
to grant a variance for a public water sys-
tem, any person served by the system may
petition the Administrator to object to the
granting of a variance. The Administrator
shall respond to the petition not later than
60 days after the receipt of the petition.
The State shall not grant the variance dur-
ing the 60-day period. The petition shall be
based on comments made by the petitioner
during public review of the variance by the
State.’’.
(b) TECHNICAL ASSISTANCE.—Section 1442(g) (42
U.S.C. 300j–1(g)) is amended—
(1) in the second sentence, by inserting ‘‘and
multi-State regional technical assistance’’ after ‘‘ ‘cir-
cuit-rider’ ’’; and
(2) by striking the third sentence and inserting
the following: ‘‘The Administrator shall ensure that
funds made available for technical assistance pursu-
ant to this subsection are allocated among the States
equally. Each nonprofit organization receiving assist-
ance under this subsection shall consult with the
State in which the assistance is to be expended or
otherwise made available before using the assistance
to undertake activities to carry out this subsection.
There are authorized to be appropriated to carry out
this subsection $15,000,000 for each of fiscal years
1992 through 2003.’’.
SEC. 15. CAPACITY DEVELOPMENT; FINANCE CENTERS.
Part B (42 U.S.C. 300g et seq.) is amended by add-
ing at the end the following:
‘‘CAPACITY DEVELOPMENT
‘‘SEC. 1418. (a) STATE AUTHORITY FOR NEW SYS-
TEMS.—Each State shall obtain the legal authority or
other means to ensure that all new community water sys-
tems and new nontransient, noncommunity water systems
commencing operation after October 1, 1998, demonstrate
technical, managerial, and financial capacity with respect
to each national primary drinking water regulation in ef-
fect, or likely to be in effect, on the date of commencement
of operations.
‘‘(b) SYSTEMS IN SIGNIFICANT NONCOMPLIANCE.—
‘‘(1) LIST.—Beginning not later than 1 year
after the date of enactment of this section, each
State shall prepare, periodically update, and submit
to the Administrator a list of community water sys-
tems and nontransient, noncommunity water sys-
tems that have a history of significant noncompli-
ance with this title (as defined in guidelines issued
prior to the date of enactment of this section or any
revisions of the guidelines that have been made in
consultation with the States) and, to the extent
practicable, the reasons for noncompliance.
‘‘(2) REPORT.—Not later than 5 years after the
date of enactment of this section and as part of the
capacity development strategy of the State, each
State shall report to the Administrator on the suc-
cess of enforcement mechanisms and initial capacity
development efforts in assisting the public water sys-
tems listed under paragraph (1) to improve tech-
nical, managerial, and financial capacity.
‘‘(c) CAPACITY DEVELOPMENT STRATEGY.—
‘‘(1) IN
GENERAL.—Not later than 4 years
after the date of enactment of this section, each
State shall develop and implement a strategy to as-
sist public water systems in acquiring and maintain-
ing technical, managerial, and financial capacity.
‘‘(2) CONTENT.—In preparing the capacity de-
velopment strategy, the State shall consider, solicit
public comment on, and include as appropriate—
‘‘(A) the methods or criteria that the State
will use to identify and prioritize the public
water systems most in need of improving tech-
nical, managerial, and financial capacity;
‘‘(B) a description of the institutional, reg-
ulatory, financial, tax, or legal factors at the
Federal, State, or local level that encourage or
impair capacity development;
‘‘(C) a description of how the State will
use the authorities and resources of this title or
other means to—
‘‘(i) assist public water systems in
complying with national primary drinking
water regulations;
‘‘(ii) encourage the development of
partnerships between public water systems
to enhance the technical, managerial, and
financial capacity of the systems; and
‘‘(iii) assist public water systems in
the training and certification of operators;
‘‘(D) a description of how the State will es-
tablish a baseline and measure improvements in
capacity with respect to national primary drink-
ing water regulations and State drinking water
law; and
‘‘(E) an identification of the persons that
have an interest in and are involved in the de-
velopment and implementation of the capacity
development strategy (including all appropriate
agencies of Federal, State, and local govern-
ments, private and nonprofit public water sys-
tems, and public water system customers).
‘‘(3) REPORT.—Not later than 2 years after the
date on which a State first adopts a capacity devel-
opment strategy under this subsection, and every 3
years thereafter, the head of the State agency that
has primary responsibility to carry out this title in
the State shall submit to the Governor a report that
shall also be available to the public on the efficacy
of the strategy and progress made toward improving
the technical, managerial, and financial capacity of
public water systems in the State.
‘‘(d) FEDERAL ASSISTANCE.—
‘‘(1) IN
GENERAL.—The Administrator shall
support the States in developing capacity develop-
ment strategies.
‘‘(2) INFORMATIONAL ASSISTANCE.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of enactment of this section,
the Administrator shall—
‘‘(i) conduct a review of State capacity
development efforts in existence on the
date of enactment of this section and pub-
lish information to assist States and public
water systems in capacity development ef-
forts; and
‘‘(ii) 
initiate 
a 
partnership 
with
States, public water systems, and the pub-
lic to develop information for States on
recommended operator certification re-
quirements.
‘‘(B) PUBLICATION
OF
INFORMATION.—
The Administrator shall publish the information
developed through the partnership under sub-
paragraph (A)(ii) not later than 18 months
after the date of enactment of this section.
‘‘(3) VARIANCES AND EXEMPTIONS.—Based on
information obtained under subsection (c)(2)(B), the
Administrator shall, as appropriate, modify regula-
tions concerning variances and exemptions for small
public water systems to ensure flexibility in the use
of the variances and exemptions. Nothing in this
paragraph shall be interpreted, construed, or applied
to affect or alter the requirements of section 1415
or 1416.
‘‘(4) PROMULGATION
OF
DRINKING
WATER
REGULATIONS.—In promulgating a national primary
drinking water regulation, the Administrator shall
include an analysis of the likely effect of compliance
with the regulation on the technical, financial, and
managerial capacity of public water systems.
‘‘(5) GUIDANCE FOR NEW SYSTEMS.—Not later
than 2 years after the date of enactment of this sec-
tion, the Administrator shall publish guidance devel-
oped in consultation with the States describing legal
authorities and other means to ensure that all new
community water systems and new nontransient,
noncommunity water systems demonstrate technical,
managerial, and financial capacity with respect to
national primary drinking water regulations.
‘‘(e) ENVIRONMENTAL FINANCE CENTERS.—
‘‘(1) IN
GENERAL.—The Administrator shall
support the network of university-based Environ-
mental Finance Centers in providing training and
technical assistance to State and local officials in de-
veloping capacity of public water systems.
‘‘(2) 
NATIONAL
CAPACITY
DEVELOPMENT
CLEARINGHOUSE.—Within the Environmental Fi-
nance Center network in existence on the date of en-
actment of this section, the Administrator shall es-
tablish a national public water systems capacity de-
velopment clearinghouse to receive, coordinate, and
disseminate research and reports on projects funded
under this title and from other sources with respect
to developing, improving, and maintaining technical,
financial, and managerial capacity at public water
systems to Federal and State agencies, universities,
water suppliers, and other interested persons.
‘‘(3) CAPACITY DEVELOPMENT TECHNIQUES.—
‘‘(A) IN
GENERAL.—The Environmental
Finance Centers shall develop and test manage-
rial, financial, and institutional techniques—
‘‘(i) to ensure that new public water
systems have the technical, managerial,
and financial capacity before commencing
operation;
‘‘(ii) to identify public water systems
in need of capacity development; and
‘‘(iii) to bring public water systems
with a history of significant noncompliance
with national primary drinking water regu-
lations into compliance.
‘‘(B) TECHNIQUES.—The techniques may
include 
capacity 
assessment 
methodologies,
manual and computer-based public water sys-
tem rate models and capital planning models,
public water system consolidation procedures,
and regionalization models.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out subsection
(e) $2,500,000 for each of fiscal years 1995 through
2003.’’.
SEC. 16. OPERATOR AND LABORATORY CERTIFICATION.
Section 1442 (42 U.S.C. 300j–1) is amended by in-
serting after subsection (d) the following:
‘‘(e) CERTIFICATION OF OPERATORS AND LABORA-
TORIES.—
‘‘(1) REQUIREMENT.—Beginning 3 years after
the date of enactment of the Safe Drinking Water
Act Amendments of 1995—
‘‘(A) no assistance may be provided to a
public water system under part G unless the
system has entered into an enforceable commit-
ment with the State providing that any person
who operates the system will be trained and
certified according to requirements established
by the Administrator or the State (in the case
of a State with primary enforcement respon-
sibility under section 1413) not later than the
date of completion of the capital project for
which the assistance is provided; and
‘‘(B) a public water system that has re-
ceived assistance under part G may be operated
only by a person who has been trained and cer-
tified according to requirements established by
the Administrator or the State (in the case of
a State with primary enforcement responsibility
under section 1413).
‘‘(2) GUIDELINES.—Not later than 18 months
after the date of enactment of the Safe Drinking
Water Act Amendments of 1995 and after consulta-
tion with the States, the Administrator shall publish
information to assist States in carrying out para-
graph (1). In the case of a State with primary en-
forcement responsibility under section 1413 or any
other State that has established a training program
that is consistent with the guidance issued under
this paragraph, the authority to prescribe the appro-
priate level of training for certification for all sys-
tems shall be solely the responsibility of the State.
The guidance issued under this paragraph shall also
include information to assist States in certifying lab-
oratories engaged in testing for the purpose of com-
pliance with sections 1445 and 1401(1).
‘‘(3) NONCOMPLIANCE.—If a public water sys-
tem in a State is not operated in accordance with
paragraph (1), the Administrator is authorized to
withhold from funds that would otherwise be allo-
cated to the State under section 1472 or require the
repayment of an amount equal to the amount of any
assistance under part G provided to the public water
system.’’.
SEC. 17. SOURCE WATER QUALITY PROTECTION PARTNER-
SHIPS.
Part B (42 U.S.C. 300g et seq.) (as amended by sec-
tion 15) is further amended by adding at the end the fol-
lowing:
‘‘SOURCE WATER QUALITY PROTECTION PARTNERSHIP
PROGRAM
‘‘SEC. 1419. (a) SOURCE WATER AREA DELINEA-
TIONS.—Except as provided in subsection (c), not later
than 5 years after the date of enactment of this section,
and after an opportunity for public comment, each State
shall—
‘‘(1) delineate (directly or through delegation)
the source water protection areas for community
water systems in the State using hydrogeologic in-
formation considered to be reasonably available and
appropriate by the State; and
‘‘(2) conduct, to the extent practicable, vulner-
ability assessments in source water areas determined
to be a priority by the State, including, to the extent
practicable, identification of risks in source water
protection areas to drinking water.
‘‘(b) ALTERNATIVE DELINEATIONS
AND VULNER-
ABILITY ASSESSMENTS.—For the purposes of satisfying
the requirements of subsection (a), a State may use delin-
eations and vulnerability assessments conducted for—
‘‘(1) ground water sources under a State well-
head protection program developed pursuant to sec-
tion 1428;
‘‘(2) surface or ground water sources under a
State pesticide management plan developed pursuant
to the Pesticide and Ground Water State Manage-
ment Plan Regulation (subparts I and J of part 152
of title 40, Code of Federal Regulations), promul-
gated under section 3(d) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(d));
or
100
‘‘(3) surface water sources under a State water-
shed initiative or to satisfy the watershed criterion
for determining if filtration is required under the
Surface Water Treatment Rule (section 141.70 of
title 40, Code of Federal Regulations).
‘‘(c) FUNDING.—To carry out the delineations and
assessments described in subsection (a), a State may use
funds made available for that purpose pursuant to section
1473(f). If funds available under that section are insuffi-
cient to meet the minimum requirements of subsection (a),
the State shall establish a priority-based schedule for the
delineations and assessments within available resources.
‘‘(d) PETITION PROGRAM.—
‘‘(1) IN GENERAL.—
‘‘(A) ESTABLISHMENT.—A State may es-
tablish a program under which an owner or op-
erator of a community water system in the
State, or a municipal or local government or po-
litical subdivision of a government in the State,
may submit a source water quality protection
partnership petition to the State requesting
that the State assist in the local development of
a voluntary, incentive-based partnership, among
the owner, operator, or government and other
101
persons likely to be affected by the rec-
ommendations of the partnership, to—
‘‘(i) reduce the presence in drinking
water of contaminants that may be ad-
dressed by a petition by considering the
origins of the contaminants, including to
the maximum extent practicable the spe-
cific activities that affect the drinking
water supply of a community;
‘‘(ii) obtain financial or technical as-
sistance necessary to facilitate establish-
ment of a partnership, or to develop and
implement recommendations of a partner-
ship for the protection of source water to
assist in the provision of drinking water
that complies with national primary drink-
ing water regulations with respect to con-
taminants addressed by a petition; and
‘‘(iii) develop recommendations re-
garding 
voluntary 
and 
incentive-based
strategies for the long-term protection of
the source water of community water sys-
tems.
‘‘(B) STATE DETERMINATION.—Not later
than 1 year after the date of enactment of this
102
section, each State shall provide public notice
and solicit public comment on the question of
whether to develop a source water quality pro-
tection partnership petition program in the
State, and publicly announce the determination
of the State thereafter. If so requested by any
public water system or local governmental en-
tity, prior to making the determination, the
State shall hold at least one public hearing to
assess the level of interest in the State for de-
velopment and implementation of a State source
water quality partnership petition program.
‘‘(C) FUNDING.—Each State may—
‘‘(i) use funds set aside pursuant to
section 1473(f) by the State to carry out
a program described in subparagraph (A),
including assistance to voluntary local
partnerships for the development and im-
plementation of partnership recommenda-
tions for the protection of source water
such as source water quality assessment,
contingency 
plans, 
and 
demonstration
projects for partners within a source water
area delineated under subsection (a); and
103
‘‘(ii) provide assistance in response to
a petition submitted under this subsection
using funds referred to in subsections
(e)(2)(B) and (g).
‘‘(2) OBJECTIVES.—The objectives of a petition
submitted under this subsection shall be to—
‘‘(A) facilitate the local development of vol-
untary, incentive-based partnerships among
owners and operators of community water sys-
tems, governments, and other persons in source
water areas; and
‘‘(B) obtain assistance from the State in
directing or redirecting resources under Federal
or State water quality programs to implement
the recommendations of the partnerships to ad-
dress the origins of drinking water contami-
nants that may be addressed by a petition (in-
cluding to the maximum extent practicable the
specific activities) that affect the drinking water
supply of a community.
‘‘(3) CONTAMINANTS ADDRESSED BY A PETI-
TION.—A petition submitted to a State under this
section may address only those contaminants—
‘‘(A) that are pathogenic organisms for
which a national primary drinking water regula-
104
tion has been established or is required under
section 1412(b)(2)(C); or
‘‘(B) for which a national primary drinking
water regulation has been promulgated or pro-
posed and—
‘‘(i) that are detected in the commu-
nity water system for which the petition is
submitted at levels above the maximum
contaminant level; or
‘‘(ii) that are detected by adequate
monitoring methods at levels that are not
reliably and consistently below the maxi-
mum contaminant level.
‘‘(4) CONTENTS.—A petition submitted under
this subsection shall, at a minimum—
‘‘(A) include a delineation of the source
water area in the State that is the subject of
the petition;
‘‘(B) identify, to the maximum extent
practicable, the origins of the drinking water
contaminants that may be addressed by a peti-
tion (including to the maximum extent prac-
ticable the specific activities contributing to the
presence of the contaminants) in the source
water area delineated under subparagraph (A);
105
‘‘(C) identify any deficiencies in informa-
tion that will impair the development of rec-
ommendations by the voluntary local partner-
ship to address drinking water contaminants
that may be addressed by a petition;
‘‘(D) specify the efforts made to establish
the voluntary local partnership and obtain the
participation of—
‘‘(i) the municipal or local government
or other political subdivision of the State
with jurisdiction over the source water area
delineated under subparagraph (A); and
‘‘(ii) each person in the source water
area delineated under subparagraph (A)—
‘‘(I) who is likely to be affected
by recommendations of the voluntary
local partnership; and
‘‘(II) whose participation is es-
sential to the success of the partner-
ship;
‘‘(E) outline how the voluntary local part-
nership has or will, during development and im-
plementation of recommendations of the vol-
untary local partnership, identify, recognize and
take into account any voluntary or other activi-
106
ties already being undertaken by persons in the
source water area delineated under subpara-
graph (A) under Federal or State law to reduce
the likelihood that contaminants will occur in
drinking water at levels of public health con-
cern; and
‘‘(F) specify the technical, financial, or
other assistance that the voluntary local part-
nership requests of the State to develop the
partnership or to implement recommendations
of the partnership.
‘‘(e) APPROVAL OR DISAPPROVAL OF PETITIONS.—
‘‘(1) IN GENERAL.—After providing notice and
an opportunity for public comment on a petition
submitted under subsection (d), the State shall ap-
prove or disapprove the petition, in whole or in part,
not later than 120 days after the date of submission
of the petition.
‘‘(2) APPROVAL.—The State may approve a pe-
tition if the petition meets the requirements estab-
lished under subsection (d). The notice of approval
shall, at a minimum, include—
‘‘(A) an identification of technical, finan-
cial, or other assistance that the State will pro-
vide to assist in addressing the drinking water
107
contaminants that may be addressed by a peti-
tion based on—
‘‘(i) the relative priority of the public
health concern identified in the petition
with respect to the other water quality
needs identified by the State;
‘‘(ii) any necessary coordination that
the State will perform of the program es-
tablished under this section with programs
implemented or planned by other States
under this section; and
‘‘(iii) funds available (including funds
available from a State revolving loan fund
established under title VI of the Federal
Water Pollution Control Act (33 U.S.C.
1381 et seq.) or part G and the appro-
priate distribution of the funds to assist in
implementing the recommendations of the
partnership;
‘‘(B) a description of technical or financial
assistance pursuant to Federal and State pro-
grams that is available to assist in implement-
ing recommendations of the partnership in the
petition, including—
108
‘‘(i) any program established under
the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
‘‘(ii) the program established under
section 6217 of the Coastal Zone Act Re-
authorization Amendments of 1990 (16
U.S.C. 1455b);
‘‘(iii) the agricultural water quality
protection program established under chap-
ter 2 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3838 et
seq.);
‘‘(iv) the sole source aquifer protection
program established under section 1427;
‘‘(v) the community wellhead protec-
tion program established under section
1428;
‘‘(vi) any pesticide or ground water
management plan;
‘‘(vii) any voluntary agricultural re-
source management plan or voluntary
whole farm or whole ranch management
plan developed and implemented under a
process established by the Secretary of Ag-
riculture; and
109
‘‘(viii) any abandoned well closure
program; and
‘‘(C) a description of activities that will be
undertaken to coordinate Federal and State
programs to respond to the petition.
‘‘(3) DISAPPROVAL.—If the State disapproves a
petition submitted under subsection (d), the State
shall notify the entity submitting the petition in
writing of the reasons for disapproval. A petition
may be resubmitted at any time if—
‘‘(A) new information becomes available;
‘‘(B) conditions affecting the source water
that is the subject of the petition change; or
‘‘(C) modifications are made in the type of
assistance being requested.
‘‘(f) ELIGIBILITY FOR WATER QUALITY PROTECTION
ASSISTANCE.—A sole source aquifer plan developed under
section 1427, a wellhead protection plan developed under
section 1428, and a source water quality protection meas-
ure assisted in response to a petition submitted under sub-
section (d) shall be eligible for assistance under the Fed-
eral Water Pollution Control Act (33 U.S.C. 1251 et seq.),
including assistance provided under section 319 and title
VI of such Act (33 U.S.C. 1329 and 1381 et seq.), if the
project, measure, or practice would be eligible for assist-
110
ance under such Act. In the case of funds made available
under such section 319 to assist a source water quality
protection measure in response to a petition submitted
under subsection (d), the funds may be used only for a
measure that addresses nonpoint source pollution.
‘‘(g) GRANTS TO SUPPORT STATE PROGRAMS.—
‘‘(1) IN
GENERAL.—The Administrator may
make a grant to each State that establishes a pro-
gram under this section that is approved under
paragraph (2). The amount of each grant shall not
exceed 50 percent of the cost of administering the
program for the year in which the grant is available.
‘‘(2) APPROVAL.—In order to receive grant as-
sistance under this subsection, a State shall submit
to the Administrator for approval a plan for a source
water quality protection partnership program that is
consistent with the guidance published under para-
graph (3). The Administrator shall approve the plan
if the plan is consistent with the guidance published
under paragraph (3).
‘‘(3) GUIDANCE.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this section, the
Administrator, in consultation with the States,
shall publish guidance to assist—
111
‘‘(i) States in the development of a
source water quality protection partnership
program; and
‘‘(ii) municipal or local governments
or political subdivisions of the governments
and community water systems in the devel-
opment of source water quality protection
partnerships and in the assessment of
source water quality.
‘‘(B) CONTENTS OF THE GUIDANCE.—The
guidance shall, at a minimum—
‘‘(i) recommend procedures for the ap-
proval or disapproval by a State of a peti-
tion submitted under subsection (d);
‘‘(ii) recommend procedures for the
submission of petitions developed under
subsection (d);
‘‘(iii) recommend criteria for the as-
sessment of source water areas within a
State;
‘‘(iv) describe technical or financial
assistance pursuant to Federal and State
programs that is available to address the
contamination of sources of drinking water
112
and to develop and respond to petitions
submitted under subsection (d); and
‘‘(v) specify actions taken by the Ad-
ministrator to ensure the coordination of
the programs referred to in clause (iv) with
the goals and objectives of this title to the
maximum extent practicable.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection such sums as are necessary for fiscal
years 1995 through 2003. Each State with a plan
for a program approved under paragraph (2) shall
receive an equitable portion of the funds available
for any fiscal year.
‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this
section—
‘‘(1)(A) creates or conveys new authority to a
State, political subdivision of a State, or community
water system for any new regulatory measure; or
‘‘(B) limits any authority of a State, political
subdivision, or community water system; or
‘‘(2) precludes a community water system, mu-
nicipal or local government, or political subdivision
of a government from locally developing and carry-
ing out a voluntary, incentive-based, source water
113
quality protection partnership to address the origins
of drinking water contaminants of public health con-
cern.’’.
SEC. 18. STATE PRIMACY; STATE FUNDING.
(a) STATE PRIMARY ENFORCEMENT RESPONSIBIL-
ITY.—Section 1413 (42 U.S.C. 300g–2) is amended—
(1) in subsection (a), by striking paragraph (1)
and inserting the following:
‘‘(1) has adopted drinking water regulations
that are no less stringent than the national primary
drinking water regulations promulgated by the Ad-
ministrator under section 1412 not later than 2
years after the date on which the regulations are
promulgated by the Administrator except that the
Administrator may provide for an extension of not
more than 2 years if, after submission and review of
appropriate, adequate documentation from the State,
the Administrator determines that the extension is
necessary and justified;’’; and
(2) by adding at the end the following:
‘‘(c) INTERIM PRIMARY ENFORCEMENT AUTHOR-
ITY.—A State that has primary enforcement authority
under this section with respect to each existing national
primary drinking water regulation shall be considered to
have primary enforcement authority with respect to each
114
new or revised national primary drinking water regulation
during the period beginning on the effective date of a reg-
ulation adopted and submitted by the State with respect
to the new or revised national primary drinking water reg-
ulation in accordance with subsection (b)(1) and ending
at such time as the Administrator makes a determination
under subsection (b)(2) with respect to the regulation.’’.
(b) PUBLIC WATER SYSTEM SUPERVISION PRO-
GRAM.—Section 1443(a) (42 U.S.C. 300j–2(a)) is amend-
ed—
(1) in paragraph (3)—
(A) by striking ‘‘(3) A grant’’ and insert-
ing the following:
‘‘(3) AMOUNT OF GRANT.—
‘‘(A) IN GENERAL.—A grant’’; and
(B) by adding at the end the following:
‘‘(B) DETERMINATION OF COSTS.—To de-
termine the costs of a grant recipient pursuant
to this paragraph, the Administrator shall, in
cooperation with the States and not later than
180 days after the date of enactment of this
subparagraph, establish a resource model for
the public water system supervision program
and review and revise the model as necessary.
115
‘‘(C) STATE
COST
ADJUSTMENTS.—The
Administrator shall revise cost estimates used
in the resource model for any particular State
to reflect costs more likely to be experienced in
that State, if—
‘‘(i) the State requests the modifica-
tion; and
‘‘(ii) the revised estimates ensure full
and effective administration of the public
water system supervision program in the
State and the revised estimates do not
overstate the resources needed to admin-
ister the program.’’;
(2) in paragraph (7), by adding at the end a
period and the following:
‘‘For the purpose of making grants under paragraph (1),
there are authorized to be appropriated such sums as are
necessary for each of fiscal years 1992 and 1993 and
$100,000,000 for each of fiscal years 1994 through
2003.’’; and
(3) by adding at the end the following:
‘‘(8) RESERVATION OF FUNDS BY THE ADMIN-
ISTRATOR.—If the Administrator assumes the pri-
mary enforcement responsibility of a State public
water system supervision program, the Adminis-
116
trator may reserve from funds made available pursu-
ant to this subsection, an amount equal to the
amount that would otherwise have been provided to
the State pursuant to this subsection. The Adminis-
trator shall use the funds reserved pursuant to this
paragraph to ensure the full and effective adminis-
tration of a public water system supervision program
in the State.
‘‘(9) STATE LOAN FUNDS.—
‘‘(A) RESERVATION OF FUNDS.—For any
fiscal year for which the amount made available
to the Administrator by appropriations to carry
out this subsection is less than the amount that
the Administrator determines is necessary to
supplement funds made available pursuant to
paragraph (8) to ensure the full and effective
administration of a public water system super-
vision program in a State (based on the re-
source 
model 
developed 
under 
paragraph
(3)(B)), the Administrator may reserve from
the funds made available to the State under
section 1472 an amount that is equal to the
amount of the shortfall.
‘‘(B) DUTY
OF
ADMINISTRATOR.—If the
Administrator reserves funds from the alloca-
117
tion of a State under subparagraph (A), the
Administrator shall carry out in the State—
‘‘(i) each of the activities that would
be required of the State if the State had
primary enforcement authority under sec-
tion 1413; and
‘‘(ii) each of the activities required of
the State by this title, other than part C,
but not made a condition of the author-
ity.’’.
SEC. 19. MONITORING AND INFORMATION GATHERING.
(a) REGULATED CONTAMINANTS.—
(1) REVIEW
OF
EXISTING
REQUIREMENTS.—
Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) is
amended—
(A) by designating the first and second
sentences as subparagraphs (A) and (B), re-
spectively; and
(B) by adding at the end the following:
‘‘(C) REVIEW.—The Administrator shall
not later than 2 years after the date of enact-
ment of this subparagraph, after consultation
with public health experts, representatives of
the general public, and officials of State and
local governments, review the monitoring re-
118
quirements for not fewer than 12 contaminants
identified by the Administrator, and promulgate
any necessary modifications.’’.
(2) ALTERNATIVE
MONITORING
PROGRAMS.—
Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as
amended by paragraph (1)(B)) is further amended
by adding at the end the following:
‘‘(D) 
STATE-ESTABLISHED
REQUIRE-
MENTS.—
‘‘(i) IN GENERAL.—Each State with
primary enforcement responsibility under
section 1413 may, by rule, establish alter-
native monitoring requirements for any na-
tional primary drinking water regulation,
other than a regulation applicable to a mi-
crobial contaminant (or an indicator of a
microbial contaminant). The alternative
monitoring requirements established by a
State under this clause may not take effect
for any national primary drinking water
regulation until after completion of at least
1 full cycle of monitoring in the State sat-
isfying the requirements of paragraphs (1)
and (2) of section 1413(a). The alternative
monitoring requirements may be applicable
119
to public water systems or classes of public
water systems identified by the State, in
lieu of the monitoring requirements that
would otherwise be applicable under the
regulation, if the alternative monitoring re-
quirements—
‘‘(I) are based on use of the best
available science conducted in accord-
ance with sound and objective sci-
entific practices and data collected by
accepted methods;
‘‘(II) are based on the potential
for the contaminant to occur in the
source water based on use patterns
and other relevant characteristics of
the contaminant or the systems sub-
ject to the requirements;
‘‘(III) in the case of a public
water system or class of public water
systems in which a contaminant has
been detected at quantifiable levels
that are not reliably and consistently
below 
the 
maximum 
contaminant
level, include monitoring frequencies
that are not less frequent than the
120
frequencies required in the national
primary drinking water regulation for
the contaminant for a period of 5
years after the detection; and
‘‘(IV) in the case of each con-
taminant formed in the distribution
system, are not applicable to public
water systems for which treatment is
necessary to comply with the national
primary drinking water regulation.
‘‘(ii) COMPLIANCE
AND
ENFORCE-
MENT.—The alternative monitoring re-
quirements established by the State shall
be adequate to ensure compliance with,
and enforcement of, each national primary
drinking water regulation. The State may
review and update the alternative monitor-
ing requirements as necessary.
‘‘(iii) 
APPLICATION
OF
SECTION
1413.—
‘‘(I) IN
GENERAL.—Each State
establishing alternative monitoring re-
quirements under this subparagraph
shall submit the rule to the Adminis-
trator 
as 
provided 
in 
section
121
1413(b)(1). Any requirements for a
State to provide information support-
ing a submission shall be defined only
in consultation with the States, and
shall address only such information as
is necessary to make a decision to ap-
prove or disapprove an alternative
monitoring rule in accordance with
the following sentence. The Adminis-
trator shall approve an alternative
monitoring rule submitted under this
clause for the purposes of section
1413, unless the Administrator deter-
mines in writing that the State rule
for alternative monitoring does not
ensure compliance with, and enforce-
ment of, the national primary drink-
ing water regulation for the contami-
nant or contaminants to which the
rule applies.
‘‘(II) 
EXCEPTIONS.—The 
re-
quirements of section 1413(a)(1) that
a rule be no less stringent than the
national primary drinking water regu-
lation for the contaminant or contami-
122
nants to which the rule applies shall
not apply to the decision of the Ad-
ministrator to approve or disapprove a
rule submitted under this clause. Not-
withstanding the requirements of sec-
tion 1413(b)(2), the Administrator
shall approve or disapprove a rule
submitted under this clause within
180 days of submission. In the ab-
sence of a determination to disapprove
a rule made by the Administrator
within 180 days, the rule shall be
deemed to be approved under section
1413(b)(2).
‘‘(III) ADDITIONAL
CONSIDER-
ATIONS.—A State shall be considered
to have primary enforcement author-
ity with regard to an alternative mon-
itoring rule, and the rule shall be ef-
fective, on a date (determined by the
State) any time on or after submis-
sion of the rule, consistent with sec-
tion 1413(c). A decision by the Ad-
ministrator to disapprove an alter-
native monitoring rule under section
123
1413 or to withdraw the authority of
the State to carry out the rule under
clause (iv) may not be the basis for
withdrawing primary enforcement re-
sponsibility for a national primary
drinking water regulation or regula-
tions from the State under section
1413.
‘‘(iv) OVERSIGHT
BY
THE
ADMINIS-
TRATOR.—The Administrator shall review,
not less often than every 5 years, any al-
ternative monitoring requirements estab-
lished by a State under clause (i) to deter-
mine whether the requirements are ade-
quate to ensure compliance with, and en-
forcement of, national primary drinking
water regulations. If the Administrator de-
termines that the alternative monitoring
requirements of a State are inadequate
with respect to a contaminant, and after
providing the State with an opportunity to
respond to the determination of the Ad-
ministrator and to correct any inadequa-
cies, the Administrator may withdraw the
authority of the State to carry out the al-
124
ternative monitoring requirements with re-
spect to the contaminant. If the Adminis-
trator withdraws the authority, the mon-
itoring requirements contained in the na-
tional primary drinking water regulation
for the contaminant shall apply to public
water systems in the State.
‘‘(v) NONPRIMACY STATES.—The Gov-
ernor of any State that does not have pri-
mary enforcement responsibility under sec-
tion 1413 on the date of enactment of this
clause may submit to the Administrator a
request that the Administrator modify the
monitoring requirements established by the
Administrator and applicable to public
water systems in that State. After con-
sultation with the Governor, the Adminis-
trator shall modify the requirements for
public water systems in that State if the
request of the Governor is in accordance
with each of the requirements of this sub-
paragraph that apply to alternative mon-
itoring requirements established by States
that have primary enforcement responsibil-
ity. A decision by the Administrator to ap-
125
prove a request under this clause shall be
for a period of 3 years and may subse-
quently be extended for periods of 5 years.
‘‘(vi) GUIDANCE.—The Administrator
shall issue guidance in consultation with
the States that States may use to develop
State-established requirements pursuant to
this subparagraph and subparagraph (E).
The guidance shall identify options for al-
ternative monitoring designs that meet the
criteria identified in clause (i) and the re-
quirements of clause (ii).’’.
(3) 
SMALL
SYSTEM
MONITORING.—Section
1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as amended
by paragraph (2)) is further amended by adding at
the end the following:
‘‘(E) SMALL
SYSTEM
MONITORING.—The
Administrator or a State that has primary en-
forcement responsibility under section 1413
may modify the monitoring requirements for
any contaminant, other than a microbial con-
taminant or an indicator of a microbial con-
taminant, a contaminant regulated on the basis
of an acute health effect, or a contaminant
formed in the treatment process or in the dis-
126
tribution system, to provide that any public
water system that serves a population of 10,000
or fewer shall not be required to conduct addi-
tional quarterly monitoring during any 3-year
period for a specific contaminant if monitoring
conducted at the beginning of the period for the
contaminant fails to detect the presence of the
contaminant in the water supplied by the public
water system, and the Administrator or the
State determines that the contaminant is un-
likely to be detected by further monitoring in
the period.’’.
(b) 
UNREGULATED
CONTAMINANTS.—Section
1445(a) (42 U.S.C. 300j–4(a)) is amended by striking
paragraphs (2) through (8) and inserting the following:
‘‘(2) MONITORING
PROGRAM
FOR
UNREGU-
LATED CONTAMINANTS.—
‘‘(A) 
ESTABLISHMENT.—The 
Adminis-
trator shall promulgate regulations establishing
the criteria for a monitoring program for un-
regulated contaminants. The regulations shall
require monitoring of drinking water supplied
by public water systems and shall vary the fre-
quency and schedule for monitoring require-
ments for systems based on the number of per-