II
Calendar No. 677
103D CONGRESS
2D SESSION
H. R. 3392
To amend the Safe Drinking Water Act to assure the safety of public
water systems.
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994
Received; read twice and placed on the calendar
AN ACT
To amend the Safe Drinking Water Act to assure the safety
of public water systems.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe Drinking Water
Act Amendments of 1994’’.
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.
(a) REFERENCE TO SAFE DRINKING WATER 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 considered to be made to a section
or other provision of title XIV of the Public Health Service
Act (the Safe Drinking Water Act) (42 U.S.C. 300f and
following).
(b) EFFECTIVE DATE.—Except as otherwise speci-
fied in this Act or in the amendments made by this Act,
the amendments made by this Act shall take effect on the
date of enactment of this Act.
(c) DISCLAIMER.—Nothing in this Act or in any
amendments made by this Act to title XIV of the Public
Health Service Act (the Safe Drinking Water Act) or any
other law shall be construed by the Administrator of the
Environmental Protection Agency or the courts as affect-
ing, modifying, expanding, changing, or altering (1) the
provisions of the Federal Water Pollution Control Act, (2)
the duties and responsibilities of the Administrator under
that Act, or (3) the regulation or control of point or
nonpoint sources of pollution discharged into waters cov-
ered by that Act. The Administrator shall identify in the
agency’s annual budget all funding and full-time equiva-
lents administering the Safe Drinking Water Act sepa-
rately from funding and staffing for the Federal Water
Pollution Control Act.
SEC. 3. NATIONAL DRINKING WATER REGULATIONS.
(a) 
NEW
CONTAMINANT
SELECTION.—Section
1412(b)(3) is amended to read as follows:
‘‘(3) REGULATION
OF
UNREGULATED
CONTAMI-
NANTS.—
‘‘(A) PROPOSED LISTS.—(i) Within 1 year after
the enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator, after con-
sultation with the scientific community, including
the Science Advisory Board, shall select and publish
a proposed list of not fewer than 15 contaminants
which are known or anticipated to occur in public
water systems, which are not subject to any pro-
posed or promulgated national primary drinking
water regulation, and which may require regulation
under this title.
‘‘(ii) Within 5 years after the enactment of the
Safe Drinking Water Act Amendments of 1994 and
every 4 years thereafter, the Administrator, after
consultation with the scientific community, including
the Science Advisory Board, and after considering
the occurrence data base established under section
1445(g), shall (in addition to the contaminants list-
ed under clause (i)) select and publish a proposed
list of not fewer than 12 contaminants which are not
subject to any proposed or promulgated national pri-
mary drinking water regulation, which are known or
anticipated to occur in public water systems, and
which may require regulation under this title.
‘‘(iii) If, after the year 2010, the Administrator
determines that the number of unregulated contami-
nants meeting the criteria for the list under clause
(ii) is fewer than 12, the Administrator may, by
rule, waive the requirement to select at least 12 con-
taminants every 4 years under that clause. At any
time after such rule is promulgated, the Adminis-
trator may, after consultation with the scientific
community, including the Science Advisory Board
and after considering the occurrence data base es-
tablished under section 1445(g), select a proposed
list of 1 or more contaminants (in addition to the
contaminants listed under clause (i) or (ii)) which
are known or anticipated to occur in public water
systems, which are not subject to any proposed or
promulgated national primary drinking water regula-
tion, and which may require regulation under this
title.
‘‘(iv) In selecting unregulated contaminants for
the proposed lists referred to in this paragraph, the
Administrator shall select contaminants that present
the greatest public health concern. The Adminis-
trator, in making such selection, shall take into con-
sideration, among other factors of public health con-
cern, the effect of such contaminants upon
subgroups that comprise a meaningful portion of the
general population (such as pregnant women and
children) that are identifiable as being at greater
health risk than the general population, based on
adequate scientific information. The unregulated
contaminants considered for such proposed lists
shall include, but not be limited to, substances re-
ferred to in section 101(14) of the Comprehensive
Environmental Response Compensation and Liability
Act of 1980, and substances registered as pesticides
under the Federal Insecticide, Fungicide, and
Rodenticide Act.
‘‘(v) The Administrator’s decision whether or
not to select an unregulated contaminant for a pro-
posed list pursuant to this paragraph shall not be
subject to judicial review.
‘‘(B) FINAL LIST.—Each proposed list estab-
lished in subparagraph (A) shall be subject to public
comment for a period of at least 60 days. Within 6
months after the close of the public comment period,
and not later than 1 year after the proposed list is
published, the Administrator shall publish in the
Federal Register the final list of contaminants meet-
ing the requirements of subparagraph (A), together
with responses to significant comments. Each final
list shall include at least the minimum number of
contaminants specified in subparagraph (A).
‘‘(C) DETERMINATION TO REGULATE.—At any
time after the final list of contaminants established
under subparagraph (B) is published, but not later
than 30 months thereafter, the Administrator shall
determine, by rule, whether or not to regulate each
of the contaminants on such final list. The Adminis-
trator, after notice in the Federal Register, may ex-
tend the period for making such determination for
any or all of the contaminants on the list for up to
9 months. The Administrator shall allow at least 90
days for public comment prior to making a deter-
mination under this subparagraph. A determination
to regulate a contaminant shall be based on the fol-
lowing three findings:
‘‘(i) A finding that the contaminant is
known to occur in public water systems.
‘‘(ii) A finding that, based on the best
available public health information, the con-
taminant occurs in concentrations which have
or may have any adverse effect on the health of
persons.
‘‘(iii) A finding that regulation of such
contaminant presents a meaningful opportunity
for public health risk reduction for persons
served by public water systems.
The Administrator may regulate a contaminant that
does not appear on a list published under subpara-
graph (A) or (B) if the determination to regulate is
pursuant to this subparagraph.
‘‘(D) REGULATION.—For each contaminant
under subparagraph (C) that the Administrator de-
termines shall be regulated, the Administrator shall
promulgate, by rule, maximum contaminant level
goals and national primary drinking water regula-
tions as provided in paragraphs (4) and (5) of this
subsection. The Administrator shall propose the
maximum contaminant level goal and national pri-
mary drinking water regulation not later than 18
months after the determination to regulate under
subparagraph (C), and may publish such proposed
regulation concurrent with the determination to reg-
ulate. The Administrator shall allow at least 90 days
for public comment on any such proposed goal and
proposed regulation. The Administrator shall pro-
‘‘(G) CRYPTOSPORIDIUM.—(i) Not later than
December 31, 1996, the Administrator shall publish
a maximum contaminant level goal and promulgate
an interim national primary drinking water regula-
tion for cryptosporidium for public water systems
serving 10,000 persons of more. Such regulation
shall take effect not later than 24 months after the
date of promulgation.
‘‘(ii) Not later than December 31, 1998, the
Administrator shall promulgate a national primary
drinking water regulation for cryptosporidium. Such
regulation shall take effect, for public water systems
of all sizes, not later than 24 months after the date
of promulgation.
Each date for publication and promulgation specified in
clause (i) and (ii) may be delayed by up to 6 months if
the Administrator determines that such additional time is
necessary to review information under the Administrator’s
information collection rule.’’.
(b) LIMITED ALTERNATIVE
TO FILTRATION RE-
QUIREMENTS.—Section 1412(b)(7)(C) is amended by add-
ing at the end the following:
‘‘(v) As an additional alternative to the regulations
promulgated pursuant to clauses (i) and (iii), including the
criteria for avoiding filtration contained in 40 CFR
141.71, a State exercising primary enforcement respon-
sibility for public water systems may establish, on a case-
by-case basis and after notice and an opportunity of at
least 90 days for public comment, alternatives to filtration
requirements in effect on such date of enactment, in the
case of systems having uninhabited, undeveloped water-
sheds in consolidated ownership, and having control over
access to, and activities in, those watersheds if (taking into
consideration the effects of wildlife in such watersheds)
the State determines (and the Administrator concurs) that
the public health will be fully protected by such alter-
natives consistent with the requirements of this title. The
authority of a State to establish alternatives under this
clause shall expire 3 years after the enactment of the Safe
Drinking Water Act Amendments of 1994.’’.
(c) COMPLIANCE DATES.—Section 1412(b) is amend-
ed by striking the first sentence in paragraph (10) and
by adding the following at the end thereof:
‘‘(12) Within 24 months after the promulgation of
a national primary drinking water regulation under this
subsection, each State exercising primary enforcement re-
sponsibility for public water systems shall adopt cor-
responding State regulations under section 1413(a)(1).
The Administrator shall specify the date upon which pub-
lic water systems must comply with each national primary
drinking water regulation promulgated under this sub-
section. Such compliance date may not be more than 36
months after the date of promulgation, except that if the
Administrator determines that additional time is nec-
essary for capital improvements required to meet the na-
tional primary drinking water regulations, the Adminis-
trator may establish a later compliance date. Such later
date shall not be later than 48 months after the date of
promulgation (or 60 months in the case of systems serving
fewer than 3,300 persons). Each State with primary en-
forcement responsibility may determine a public water sys-
tem’s eligibility for any extension beyond 36 months.
Nothing in this paragraph shall limit the discretion of the
Administrator to differentiate among the compliance dates
on the basis of system size or other factors considered ap-
propriate by the Administrator, or to establish interim
compliance milestones.’’.
SEC. 4. STANDARD SETTING.
Section 1412 is amended as follows:
(1) The second sentence of subsection (b)(4) is
amended by inserting before the period the follow-
ing: ‘‘or a treatment technique established pursuant
to paragraph (7)(A) of this subsection’’.
(2) Subsection (b)(5) is amended as follows:
(A) In the first sentence, strike ‘‘feasible’’
after ‘‘means’’ and insert ‘‘achievable’’; and
after ‘‘technology’’ strike ‘‘, treatment tech-
niques and’’ and insert ‘‘or’’.
(B) Insert ‘‘(A)’’ after ‘‘(5)’’ and add the
following at the end thereof:
‘‘(B) For purposes of taking costs into consideration
pursuant to the first sentence of subparagraph (A) of this
paragraph, in the case of any national primary drinking
water regulation proposed and promulgated after enact-
ment of the Safe Drinking Water Act Amendments of
1994 (other than a national primary drinking water regu-
lation covered by subparagraph (C) or (D)), the Adminis-
trator shall consider (in the case of nonthreshold contami-
nants) and may consider (in the case of threshold contami-
nants) both the incremental compliance costs likely to be
incurred and the incremental public health risk reduction
benefits afforded by alternative levels. The terms ‘costs’
and ‘benefits’, as used in this subparagraph—
‘‘(i) shall include additional and identifiable re-
ductions, if any, of regulated contaminants not cov-
ered by such proposed or promulgated regulation
that are expected to be achieved solely from the use
of the applicable technology or technologies that
form the basis for such regulation, and
‘‘(ii) shall include consideration of the effects of
such contaminants upon subgroups that comprise a
meaningful portion of the general population, such
as pregnant women and children, that are identifi-
able as being at greater health risk than the general
population based on adequate scientific information.
‘‘(C) Subparagraph (B) shall not take effect with re-
spect to the first promulgation after the date of enactment
of the Safe Drinking Water Act Amendments of 1994, or
with respect to the initial revision after such date, of a
national primary drinking water regulation for the follow-
ing:
‘‘(i) Contaminants covered by the proposed na-
tional primary drinking water regulation for radio-
nuclides as set forth in 56 Federal Register 33050,
July 19, 1991.
‘‘(ii) Sulfate.
‘‘(iii) Contaminants covered by the proposed ne-
gotiated rules on (I) disinfectants and disinfection
by-products as set forth in 59 Federal Register
38668, July 29, 1994, and (II) enhanced surface
water treatment as set forth in 59 Federal Register
38832, July 29, 1994. Subparagraph (B) shall also
not take effect with respect to the promulgation of
a second stage regulation for contaminants covered
by the proposed negotiated rules referred to in
clause (iii).
Any subsequent revision of any such regulation shall be
subject to the provisions of subparagraph (D).
‘‘(D) In the case of any national primary drinking
water regulation for a contaminant regulated prior to en-
actment of the Safe Drinking Water Act Amendments of
1994, or any subsequent revision of a national primary
drinking water regulation established in accordance with
subparagraph (C), subparagraph (B) shall apply to any
proposal to amend such national primary drinking water
regulation only if a review required pursuant to paragraph
(9) results in findings by the Administrator, published in
the Federal Register, that changes in technology, treat-
ment techniques, or other means permit greater protection
of the health of persons. If the Administrator promulgates
such regulation in accordance with subparagraph (B),
such regulation must provide for greater protection of the
health of persons. If the Administrator does not promul-
gate a regulation in accordance with subparagraph (B) be-
cause such greater protection of the health of persons is
not achievable, the Administrator may initiate a new rule-
making under subparagraph (A) or retain the existing na-
tional primary drinking water regulations.
‘‘(E) Any subsequent revision of a national primary
drinking water regulation for contaminants regulated in
accordance with subparagraph (C) or (D) (where such re-
vision is pursuant to the standard setting language of sub-
paragraph (B)) shall, at a minimum, provide greater pro-
tection of the health of persons than the regulation in ef-
fect on the date of enactment of the Safe Drinking Water
Act Amendments of 1994 for such contaminant or, in the
case of contaminants subject to subparagraph (C), than
the regulation promulgated under subparagraph (C). If
the Administrator does not promulgate such regulation in
accordance with subparagraph (B) because such greater
protection is not achievable, the Administrator may initi-
ate a new rulemaking pursuant to subparagraph (A) or
retain the existing national primary drinking water regula-
tions.
‘‘(F) In the absence of scientific evidence suggesting
new or more serious health effects than existing on the
date of enactment of the Safe Drinking Water Act Amend-
ments of 1994, for purposes of proposal and promulgation
after such date of a national primary drinking water regu-
lation for sulfate, the Administrator shall include—
‘‘(i) best technology or other means under sub-
section (b)(5), and
‘‘(ii) public notification and options for provi-
sion of alternative water to populations at risk as al-
ternative means for complying with such regulation.
Such proposal shall be made within 6 months after such
date of enactment and such rule shall be promulgated
within 2 years after such date of enactment.
‘‘(G)(i) Except as provided in clause (ii), notwith-
standing any provision of any law enacted prior to the en-
actment of the Safe Drinking Water Act Amendments of
1994, within 6 months of such date of enactment, the Ad-
ministrator shall promulgate a national primary drinking
water regulation for radon.
‘‘(ii) For the period of 5 years from the date of pro-
mulgation of the regulation under clause (i) or from the
end of the 6-month period referred to in such clause,
whichever comes first, such regulation shall provide that
public water systems may comply with an alternative max-
imum contaminant level of 1000 picocuries per liter. If
the Congress enacts legislation which reauthorizes the In-
door Radon Abatement Act in the 103d or 104th Con-
gress, such alternative maximum contaminant level shall
thereafter be deemed to be the applicable maximum con-
taminant level for purposes of such regulation.’’.
(3) 
In 
the 
first 
sentence 
of 
subsection
(b)(7)(A), strike the word ‘‘ascertain’’ and insert
‘‘measure’’.
(4) In subsection (b)(9) strike ‘‘3-year’’ and in-
sert ‘‘5-year’’. No change to section 1412(b)(9)
made by this Act shall be a basis for delaying the
promulgation of any rule proposed pursuant to sec-
tion 1412(b)(9) prior to the date of the enactment
of this Act.
(5) Add the following new subsection at the end
thereof:
‘‘(f) METHODOLOGIES; RISK ASSESSMENT.—(1) The
Administrator, in carrying out the provisions of this title,
is expected, consistent with the intent of Congress, to use
at all times sound, unbiased, and objective scientific prac-
tices and methodologies. The Administrator, in carrying
out the Administrator’s responsibilities under this title,
shall ensure that the presentation of information on sig-
nificant health risks is unbiased and informative.
‘‘(2) To the extent feasible, documents made available
to the general public which describe the degree of risk
from exposure shall, at a minimum, characterize the popu-
lation or populations, (including any identifiable sub-
populations, as referred to in section 1412(b)(5)(B)(ii), at
greater risk than the general population) addressed by any
agency risk estimates; state the expected risk for the spe-
cific population; and state the reasonable range or other
equivalent description of uncertainty in the assessment
process.’’.
SEC. 5. SMALL SYSTEM TECHNOLOGY.
Section 1412(b)(6) is amended to read as follows:
‘‘(6)(A) For purposes of this section and section
1415, at the time the Administrator proposes and promul-
gates a national primary drinking water regulation estab-
lishing a maximum contaminant level for any contami-
nant, the Administrator shall propose and promulgate a
listing of the best technology or other means available for
achieving compliance with such regulation for large public
water systems, and a listing of the best technology or other
means, if any, available for achieving compliance with such
regulation for public water systems in each of the follow-
ing categories:
‘‘(i) Systems serving fewer than 10,000 persons
but not fewer than 3,300 persons.
‘‘(ii) Systems serving 3,300 persons or fewer.
In proposing and promulgating lists for systems described
in clauses (i) and (ii), the Administrator shall consider
cost variations associated with system size.
‘‘(B) For purposes of this section and section 1415,
at the time the Administrator proposes and promulgates
a national primary drinking water regulation establishing
a treatment technique for any contaminant, the Adminis-
trator shall propose and promulgate, for large public water
systems, and for systems in the size ranges referred to
in clause (i) and (ii) of subparagraph (A), a listing of the
best technology or other means, if any, available for
achieving a level of protection for public health equivalent
to the level of protection provided by such treatment tech-
nique for systems in such size ranges.
‘‘(C) A listing under this paragraph of the best tech-
nology or other means under subparagraph (A) shall not
be construed to require or authorize that any specified
technology or other means be used for purpose of meeting
any national primary drinking water regulation.
‘‘(D) A listing under this paragraph of the best tech-
nology or other means shall provide as much reliable infor-
mation as practicable on performance, effectiveness, limi-
tations, costs, and other relevant factors in support of the
listing, including the applicability of such technology or
other means to surface and underground source waters,
or both. Consistent with such reliable information, each
State exercising primary enforcement responsibility for
such systems shall presume (pending the availability of
monitoring data, pending availability of information on a
system’s viability, including the availability of financial as-
sistance under this title, and pending other relevant fac-
tors) that use of such technology or other means should
enable the public water system concerned to meet the na-
tional primary drinking water regulation.
‘‘(E) The Administrator shall, on a continuing basis,
assess the engineering feasibility, performance, effective-
ness, costs, and limitations of best technologies and other
means of meeting national primary drinking water regula-
tions, and may, by rule, revise the list under subparagraph
(A) or (B) as appropriate.
‘‘(F) As used in this paragraph, the term ‘best tech-
nology’ for public water systems shall include, whenever
appropriate, innovative and alternative technologies.
‘‘(G) At any time after the promulgation of a national
primary drinking water regulation, the Administrator may
add to the lists under this paragraph, by guidance pub-
lished in the Federal Register, any new or innovative tech-
nology or other means. A State may treat such tech-
nologies in the same manner as those listed pursuant to
subparagraph (A) or (B).
‘‘(H) To the greatest extent possible, within 24
months after the enactment of the Safe Drinking Water
Act Amendments of 1994, the Administrator shall publish
each of the following for public water systems in the size
ranges referred to in clauses (i) and (ii) of subparagraph
(A)—
‘‘(i) For contaminants subject to a maximum
contaminant level promulgated prior to such publica-
tion, a list of best technologies available that achieve
compliance with such maximum contaminant level.
‘‘(ii) For contaminants subject to a treatment
technique promulgated prior to such publication, a
list of alternative technologies that achieve a level of
protection of public health equivalent to the level of
protection provided by such treatment technique.’’.
SEC. 6. AMENDMENTS TO SECTION 1413.
(a) EMERGENCY
PLANS.—Section 1413(a)(5) is
amended by inserting after ‘‘emergency circumstances’’
the following: ‘‘including earthquakes, floods, hurricanes,
and other natural disasters’’.
(b) PROTECTION OF DRINKING WATER DISTRIBU-
TION SYSTEMS.—Section 1413(a) is amended by adding
the following after paragraph (6), as added by section
7(a):
‘‘(7) has adopted (pursuant to guidance issued
by the Administrator not later than 3 years after the
date of the enactment of the Safe Drinking Water
Act Amendments of 1994) and implemented require-
ments for public water systems in the State to take
feasible measures to protect the distribution system
from contamination due to leakage from sewer
lines.’’.
(c) RECYCLING
OF FILTER BACKWASH.—Section
1413 is amended by adding at the end thereof the follow-
ing:
‘‘(c) RECYCLING OF FILTER BACKWASH.—The Ad-
ministrator shall promulgate a regulation to govern the
recycling of filter backwash water within the treatment
process of a public water system. The Administrator shall
promulgate such regulation not later than 3 years after
the date of the enactment of the Safe Drinking Water Act
Amendments of 1994 unless such recycling has been ad-
dressed by the Administrator’s ‘enhanced surface water
treatment rule’ prior to such date. Any regulation under
this subsection shall be deemed to be a national primary
drinking water regulation for purposes of this title.’’.
SEC. 7. CERTIFICATION OF LABORATORIES AND OPERA-
TORS.
(a) CERTIFICATION.—Section 1413(a) is amended by
striking ‘‘and’’ at the end of paragraph (4), by striking
the period at the end of paragraph (5) and inserting a
semicolon, and by adding the following at the end thereof:
‘‘(6) has adopted and is implementing, within 2
years after the promulgation of regulations pursuant
to section 1442(h), requirements for the certification
of—
‘‘(A) laboratories conducting tests pursu-
ant to this part, and
‘‘(B) 
operators 
of 
community 
and
nontransient noncommunity public water sys-
tems; and’’.
(b) STANDARDS.—Section 1442 is amended by add-
ing the following at the end thereof:
‘‘(h) MINIMUM STANDARDS.—(1) Not later than 30
months after the date of enactment of the Safe Drinking
Water Act Amendments of 1994 and after consultation
with States exercising primary enforcement responsibility
for public water systems, the Administrator shall promul-
gate regulations specifying minimum standards for certifi-
cation (and recertification) of the operators of public
water systems. Such regulations shall take into account
existing State programs, the complexity of the system and
other factors aimed at providing an effective program at
reasonable cost to States and public water systems, taking
into account the size of the system.
‘‘(2) Not later than 3 years after the date of enact-
ment of the Safe Drinking Water Act Amendments of
1994 and after consultation with States exercising pri-
mary enforcement responsibility for public water systems,
the Administrator shall promulgate regulations specifying
minimum standards for certification (and recertification)
of laboratories conducting tests pursuant to this part.
Such regulations shall contain minimum criteria to ensure,
to the extent possible, nationwide uniformity in such test-
ing.
‘‘(3) For any State exercising primary enforcement
responsibility for public water systems which has an oper-
ator certification program in effect on the date of the en-
actment of the Safe Drinking Water Act Amendments of
1994, the regulations under paragraph (1) shall allow the
State to enforce such program in lieu of the regulations
under paragraph (1) if the State submits the program to
the Administrator within 18 months after the promulga-
tion of such regulations unless the Administrator deter-
mines (within 9 months after the State submits the pro-
gram to the Administrator) that such program is incon-
sistent with such regulations. If disapproved it may be re-
submitted in accordance with section 1428(c).’’.
(c) STUDY OF TRANSIENT SYSTEMS.—The Adminis-
trator of the Environmental Protection Agency shall sur-
vey various categories of transient noncommunity public
water systems nationwide to evaluate any potential public
health threat posed by any lack of operator certification
or training for such systems, and within 4 years after the
date of the enactment of the Safe Drinking Water Act
Amendments of 1994, report to Congress with appropriate
recommendations.
SEC. 8. ENFORCEMENT OF DRINKING WATER REGULA-
TIONS.
(a) NOTICE.—Section 1414(a)(1)(A) is amended by
striking ‘‘he shall so notify the State and’’ and inserting
‘‘the Administrator shall so notify the State, provide the
State with an opportunity to confer with the Adminis-
trator, and notify’’.
(b) EFFECTIVE
DATE.—Section 
1414(g)(2) 
is
amended as follows:
(1) Amend the first sentence to read as follows:
‘‘In the case of a State exercising primary enforce-
ment responsibility for public water systems, an
order issued under this subsection to enforce section
1445 shall not take effect until after the Adminis-
trator has provided such State with an opportunity
to confer with the Administrator regarding the
order.’’.
(2) Strike ‘‘proposed’’ in the second sentence.
(c) CIVIL PENALTY.—Section 1414(g)(3) is amended
as follows:
(1) In subparagraph (B), strike ‘‘$5,000’’ and
insert ‘‘$75,000 (or $100,000 if the violation occurs
for more than 15 days or the public water system
serves more than 10,000 persons)’’.
(2) In subparagraph (C), strike ‘‘$5,000’’ and
insert ‘‘$75,000 (or $100,000 if the violation occurs
for more than 15 days or the public water system
serves more than 10,000 persons)’’.
(d) ENFORCEABILITY OF STATE REQUIREMENTS.—
Section 1414 is amended by adding the following at the
end thereof:
‘‘(h) STATE REQUIREMENTS.—For a State exercising
primary enforcement responsibility for public water sys-
tems, any violation of a State requirement that imple-
ments a national primary drinking water regulation shall
be treated as a violation of a national primary drinking
water regulation in effect under section 1412, except to
the extent that the State requirement includes elements
that are more stringent, or broader in scope, than ele-
ments of the national primary drinking water regulation.’’.
SEC. 9. QUARTERLY NONCOMPLIANCE REPORTING.
(a) NONCOMPLIANCE REPORTING.—Section 1413 is
amended by inserting the following new subsection after
subsection (c):
‘‘(d) QUARTERLY NONCOMPLIANCE REPORTING.—
(1) Each State exercising primary enforcement respon-
sibility for public water systems shall submit quarterly re-
ports to the Administrator on a schedule and in a format
prescribed by the Administrator, consisting of each of the
following items:
‘‘(A) Violations, during the previous quarter, by
public water systems in the State of State regula-
tions adopted to implement the requirements of na-
tional primary drinking water regulations.
‘‘(B) Enforcement actions taken, during the
previous quarter, by the State against public water
systems with respect to State regulations adopted to
implement the requirements of national primary
drinking water regulations.
‘‘(C) Notification of any variance or exemption
granted during the previous quarter. The notice
shall include a statement of reasons for the granting
of the variance or exemption, including documenta-
tion of the need for the variance or exemption and
the finding that the granting of the variance or ex-
emption will not result in an unreasonable risk to
health. The State may use a single notification
statement to report 2 or more similar variances or
exemptions.
‘‘(2) The reports under paragraph (1)(A) shall in-
clude information specifying the contamination level in the
case of any exceedance of any maximum contaminant level
included in a national primary drinking water regulation.
‘‘(3) The Administrator shall make all information
reported to the Administrator under this subsection avail-
able to the public in such manner as will ensure maximum
accessibility and comprehension by the public.’’.
(b) COMPLIANCE WITH SUBSECTION (h).—Section
1413(a)(3) is amended by inserting ‘‘, including reports
under subsection (d),’’ after ‘‘reports’’.
SEC. 10. SMALL SYSTEM ASSISTANCE PROGRAM.
(a) BAAT VARIANCE.—Section 1415 is amended by
adding the following at the end thereof:
‘‘(e) SMALL SYSTEM ASSISTANCE PROGRAM.—
‘‘(1) BAAT VARIANCES.—In the case of public
water systems serving 3,300 persons or fewer, a
variance under this section shall be granted by a
State which has primary enforcement responsibility
for public water systems allowing the use of Best
Available Affordable Technology in lieu of best tech-
nology or other means where—
‘‘(A) no best technology or other means is
listed under subparagraph (A)(ii) or subpara-
graph (B) of section 1412(b)(6) for a given
contaminant for public water systems serving
3,300 persons or fewer;
‘‘(B) the Administrator has identified
BAAT for that contaminant pursuant to para-
graph (3); and
‘‘(C) the State finds that the conditions in
paragraph (4) are met.
‘‘(2) DEFINITION OF BAAT.—The term ‘Best
Available Affordable Technology’ or ‘BAAT’ means
the most effective technology or other means for the
control of a drinking water contaminant or contami-
nants that is available and affordable to systems
serving fewer than 3,300 persons.
‘‘(3) IDENTIFICATION OF BAAT.—(A) As part
of each national primary drinking water regulation
proposed and promulgated after the enactment of
the Safe Drinking Water Act Amendments of 1994,
the Administrator shall identify BAAT in any case
where no ‘best technology or other means’ is listed
under subparagraph (A)(ii) or subparagraph (B) of
section 1412(b)(6) for that contaminant for systems
serving fewer than 3,300 persons. No such identified
BAAT shall require a technology from specific man-
ufacturer or brand. BAAT need not be adequate to
achieve the applicable maximum contaminant level
or treatment technique, but shall bring the public
water system as close to achievement of such maxi-
mum contaminant level as practical or as close to
the level of health protection provided by such treat-
ment technique as practical, as the case may be. Any
technology or other means identified as BAAT must
be determined by the Administrator to be protective
of public health. Simultaneously with identification
of BAAT, the Administrator shall list any assump-
tions underlying the public health determination re-
ferred to in the preceding sentence, where such as-
sumptions concern the public water system to which
the technology may be applied, or its source waters.
The Administrator shall provide the assumptions
used in determining affordability, taking into consid-
eration the number of persons served by such sys-
tems. Such listing shall provide as much reliable in-
formation as practicable on performance, effective-
ness, limitations, costs, and other relevant factors in
support of such listing, including the applicability of
BAAT to surface and underground waters or both.
‘‘(B) To the greatest extent possible, within 24
months after the date of the enactment of the Safe
Drinking Water Act Amendments of 1994, the Ad-
ministrator shall identify BAAT for all national pri-
mary drinking water regulations proposed or pro-
mulgated prior to such date of enactment where no
best technology or other means is listed under sub-
paragraph (A)(ii) or subparagraph (B) of section
1412(b)(6) for that contaminant for systems serving
fewer than 3,300 persons, and where compliance by
such small systems is not practical. In identifying
BAAT for such national primary drinking water reg-
ulations, the Administrator shall give priority to
evaluation 
of 
atrazine, 
asbestos, 
selenium,
pentachlorophenol, antimony, and nickel.
‘‘(4) CONDITIONS
FOR
BAAT
VARIANCE.—To
grant a variance under this subsection, the State
must determine that—
‘‘(A) the public water system cannot install
‘best technology or other means’ because of the
system’s small size;
‘‘(B) the public water system could not
comply with the maximum contaminant level
through use of alternate water supplies or
through management changes or restructuring,
as described in section 1419 (relating to public
water system viability);
‘‘(C) the public water system has the ca-
pacity to operate and maintain BAAT; and
‘‘(D) the circumstances of the public water
system are consistent with the public health as-
sumptions identified by the Administrator
under paragraph (3).
‘‘(5) SCHEDULES.—Any variance granted by a
State under this subsection shall establish a schedule
for the installation and operation of BAAT within a
period not to exceed 2 years after the issuance of the
variance, except that the State may grant an exten-
sion of 1 additional year upon application by the
system. The application shall include a showing of
financial or technical need. Variances under this
subsection shall be for a term not to exceed 5 years
(including the period allowed for installation and op-
eration of BAAT), but may be renewed for such ad-
ditional 5-year periods by the State upon a finding
that the criteria in paragraph (4) continued to be
met.
‘‘(6) MICROBIOLOGICAL
CONTAMINANTS.—No
variance may be issued under this subsection for
microbiological contaminants.
‘‘(7) REVIEW.—Any review by the Adminis-
trator under paragraphs (4) and (5) shall be pursu-
ant to subsection (a)(1)(G)(i).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—(1)
Section 1415 is amended by striking ‘‘best technology,
treatment techniques, or other means’’ and ‘‘best available
technology, treatment techniques or other means’’ each
place such terms appear and inserting in lieu thereof ‘‘best
technology or other means’’.
(2) Section 1415(a)(1)(A) is amended by striking the
third sentence and by striking ‘‘Before a schedule pre-
scribed by a State pursuant to this subparagraph may
take effect’’ and all that follows down to the beginning
of the last sentence.
(3) Section 1415(a)(1)(C) is amended as follows:
(A) Amend the first sentence to read as follows:
‘‘Before a variance is issued and a schedule is pre-
scribed pursuant to this subsection or subsection (e)
by a State, the State shall provide notice and an op-
portunity for a public hearing on the proposed vari-
ance and schedule.’’.
(B) Insert ‘‘under this section’’ before the pe-
riod at the end of the third sentence’’.
(4) Section 1415(a)(1)(D) is amended as follows:
(A) Strike ‘‘under subparagraph (A)’’ and in-
sert ‘‘under this section’’.
(B) Strike ‘‘that subparagraph’’ each place it
appears and insert in each such place ‘‘this section’’.
(C) Strike the last sentence.
(5) Section 1415(a)(1)(F) is amended by striking ‘‘3-
year’’ and inserting ‘‘5-year’’ and by amending the first
sentence to read as follows: ‘‘Not later than 5 years after
the enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Administrator shall complete a review
of the variances granted under this section (and the sched-
ules prescribed in connection with such variances).’’.
(6) Section 1415(a)(1)(G)(i) is amended by striking
‘‘subparagraph (A) or (B)’’ and inserting ‘‘this section’’.
(7) Section 1415(b) is amended by striking ‘‘para-
graph (1)(B) or (2) of subsection (a)’’ and inserting ‘‘this
section’’.
(8) Section 1415(c) is amended by striking ‘‘sub-
section (a)’’ and inserting ‘‘this section’’.
(9) Section 1415(d) is amended to read as follows:
‘‘(d) øREPEALED.¿’’.
SEC. 11. EXEMPTIONS.
(a) SYSTEMS SERVING FEWER THAN 3,300 PER-
SONS.—Section 1416 is amended by adding the following
at the end thereof:
‘‘(h) SMALL SYSTEMS.—(1) For public water systems
serving fewer than 3,300 persons, the maximum exemp-
tion period shall be 4 years if the State is exercising pri-
mary enforcement responsibility for public water systems
and determines that—
‘‘(A) the public water system cannot meet the
maximum contaminant level or install Best Available