‘‘(c) RECYCLING OF FILTER BACKWASH.—The Admin-
istrator shall promulgate a regulation to govern the recy-
cling of filter backwash water within the treatment process
of a public water system. The Administrator shall promul-
gate such regulation not later than 3 years after the date
of the enactment of the Safe Drinking Water Act Amend-
ments of 1994 unless such recycling has been addressed 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 semi-
colon, 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 pursuant
to this part, and
‘‘(B) 
operators 
of 
community 
and
nontransient noncommunity public water sys-
tems; and’’.
(b) STANDARDS.—Section 1442 is amended by adding
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 promulgate
regulations specifying minimum standards for certification
(and recertification) of the operators of public water sys-
tems. Such regulations shall take into account existing
State programs, the complexity of the system and other fac-
tors 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 enactment
of the Safe Drinking Water Act Amendments of 1994 and
after consultation with States exercising primary enforce-
ment responsibility for public water systems, the Adminis-
trator shall promulgate regulations specifying minimum
standards for certification (and recertification) of labora-
tories conducting tests pursuant to this part. Such regula-
tions shall contain minimum criteria to ensure, to the ex-
tent possible, nationwide uniformity in such testing.
‘‘(3) For any State exercising primary enforcement re-
sponsibility for public water systems which has an operator
certification program in effect on the date of the enactment
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 para-
graph (1) if the State submits the program to the Adminis-
trator within 18 months after the promulgation of such reg-
ulations unless the Administrator determines (within 9
months after the State submits the program to the Adminis-
trator) that such program is inconsistent with such regula-
tions. If disapproved it may be resubmitted in accordance
with section 1428(c).’’.
(c) STUDY OF TRANSIENT SYSTEMS.—The Adminis-
trator of the Environmental Protection Agency shall survey
various categories of transient noncommunity public water
systems nationwide to evaluate any potential public health
threat posed by any lack of operator certification or train-
ing 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 recommenda-
tions.
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 Administrator 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 implements
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 elements 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 responsibility
for public water systems shall submit quarterly reports 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 regulations
adopted to implement the requirements of national
primary drinking water regulations.
‘‘(B) Enforcement actions taken, during the pre-
vious quarter, by the State against public water sys-
tems with respect to State regulations adopted to im-
plement the requirements of national primary drink-
ing 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 documentation of
the need for the variance or exemption and the find-
ing that the granting of the variance or exemption
will not result in an unreasonable risk to health. The
State may use a single notification statement to re-
port 2 or more similar variances or exemptions.
‘‘(2) The reports under paragraph (1)(A) shall include
information specifying the contamination level in the case
of any exceedance of any maximum contaminant level in-
cluded in a national primary drinking water regulation.
‘‘(3) The Administrator shall make all information re-
ported to the Administrator under this subsection available
to the public in such manner as will ensure maximum ac-
cessibility 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 vari-
ance under this section shall be granted by a State
which has primary enforcement responsibility for
public water systems allowing the use of Best Avail-
able Affordable Technology in lieu of best technology
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 con-
taminant 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 serv-
ing 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 manufacturer
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 maximum contaminant
level as practical or as close to the level of health pro-
tection provided by such treatment technique as prac-
tical, 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. Si-
multaneously with identification of BAAT, the Ad-
ministrator shall list any assumptions underlying the
public health determination referred to in the preced-
ing sentence, where such assumptions 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 afford-
ability, taking into consideration the number of per-
sons served by such systems. Such listing shall pro-
vide as much reliable information as practicable on
performance, effectiveness, limitations, costs, and
other relevant factors in support of such listing, in-
cluding the applicability of BAAT to surface and un-
derground 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 Admin-
istrator shall identify BAAT for all national primary
drinking water regulations proposed or promulgated
prior to such date of enactment where no best tech-
nology 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, and where compliance by such small
systems is not practical. In identifying BAAT for
such national primary drinking water regulations,
the Administrator shall give priority to evaluation of
atrazine, asbestos, selenium, pentachlorophenol, anti-
mony, 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 com-
ply 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 capac-
ity 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 sys-
tem. The application shall include a showing of fi-
nancial or technical need. Variances under this sub-
section shall be for a term not to exceed 5 years (in-
cluding the period allowed for installation and oper-
ation of BAAT), but may be renewed for such addi-
tional 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 Administrator
under paragraphs (4) and (5) shall be pursuant to
subsection (a)(1)(G)(i).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—(1) Sec-
tion 1415 is amended by striking ‘‘best technology, treat-
ment techniques, or other means’’ and ‘‘best available tech-
nology, treatment techniques or other means’’ each place
such terms appear and inserting in lieu thereof ‘‘best tech-
nology or other means’’.
(2) Section 1415(a)(1)(A) is amended by striking the
third sentence and by striking ‘‘Before a schedule prescribed
by a State pursuant to this subparagraph may take effect’’
and all that follows down to the beginning of the last sen-
tence.
(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 period
at the end of the third sentence’’.
(4) Section 1415(a)(1)(D) is amended as follows:
(A) Strike ‘‘under subparagraph (A)’’ and insert
‘‘under this section’’.
(B) Strike ‘‘that subparagraph’’ in 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 Amendments
of 1994, the Administrator shall complete a review of the
variances granted under this section (and the schedules pre-
scribed 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 ‘‘subsection
(a)’’ and inserting ‘‘this section’’.
(9) Section 1415(d) is amended to read as follows:
‘‘(d) ƒREPEALED.≈’’.
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 exemption
period shall be 4 years if the State is exercising primary
enforcement responsibility for public water systems and de-
termines that—
‘‘(A) the public water system cannot meet the
maximum contaminant level or install Best Available
Affordable Technology (‘BAAT’) due in either case to
compelling economic circumstances (taking into con-
sideration the availability of financial assistance
under section 1443(c), relating to State Revolving
Funds) or other compelling circumstances;
‘‘(B) the public water system could not comply
with the maximum contaminant level through the use
of alternate water supplies;
‘‘(C) the granting of the exemption will provide
a drinking water supply that protects public health
given the duration of exemption; and
‘‘(D) the State has met the requirements of para-
graph (2).
‘‘(2)(A) Before issuing an exemption under this section
or an extension thereof for a small public water system de-
scribed in paragraph (1), the State shall—
‘‘(i) examine the public water system’s technical,
financial, and managerial capability (taking into
consideration any available financial assistance) to
operate in, and maintain compliance with, this title,
and
‘‘(ii) determine if management or restructuring
changes (or both) can reasonably be made that will
result in compliance with this title or, if compliance
cannot be achieved, improve the quality of the drink-
ing water.
‘‘(B) Management changes referred to in subparagraph
(A) may include rate increases, accounting changes, the hir-
ing of consultants, the appointment of a technician with
expertise in operating such systems, contractual arrange-
ments for a more efficient and capable system for joint oper-
ation, or other reasonable strategies to improve viability.
‘‘(C) Restructuring changes referred to in subpara-
graph (A) may include ownership change, physical consoli-
dation with another system, or other measures to otherwise
improve customer base and gain economies of scale.
‘‘(D) If the State determines that management or re-
structuring changes referred to in subparagraph (A) can
reasonably be made, it shall require such changes and a
schedule therefore as a condition of the exemption. If the
State determines to the contrary, the State may still grant
the exemption. The decision of the State under this subpara-
graph shall not be subject to review by the Administrator,
except as provided in subsection (d).
‘‘(3) Paragraphs (1) and (3) of subsection (a) shall not
apply to an exemption issued under this subsection. Sub-
paragraph (B) of subsection (b)(2) shall not apply to an
exemption issued under this subsection, but any exemption
granted to such a system may be renewed for additional
4-year periods upon application of the public water system
and after a determination that the criteria of paragraphs
(1) and (2) of this subsection continue to be met.
‘‘(4) No exemption may be issued under this section
for microbiological contaminants.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1)
Section 1416(b)(1) is amended by striking ‘‘prescribed by
a State pursuant to this subsection’’ and inserting ‘‘pre-
scribed by a State pursuant to this subsection or subsection
(h)’’.
(2) Section 1416(c) is amended by striking ‘‘under
subsection (a)’’ and inserting ‘‘under this section’’ and by
striking ‘‘including’’ in the second sentence and inserting
‘‘including, in the case of an exemption under subsection
(a),’’.
(3) Section 1416(d)(1) is amended by striking ‘‘3-
year’’ and inserting ‘‘4-year’’ and by amending the first
sentence to read as follows: ‘‘Not later than 4 years after
the date of enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall complete a
comprehensive review of the exemptions granted (and sched-
ules prescribed pursuant thereto) by the States during the
4-year period beginning on such date.’’.
(4) Section 1416(b)(2)(C) is repealed.
(c) SYSTEMS SERVING MORE THAN 3,300 PERSONS.—
Section 1416(b)(2)(A)(ii) is amended by striking ‘‘12
months’’ and inserting ‘‘4 years’’ and section 1416(b)(2)(B)
is amended by striking ‘‘3 years after the date of the issu-
ance of the exemption’’ and inserting ‘‘4 years after the ex-
piration of the initial exemption’’.
SEC. 12. PUBLIC WATER SYSTEM VIABILITY.
Part B is amended by adding the following at the end
thereof:
‘‘SEC. 1419. PUBLIC WATER SYSTEM VIABILITY.
‘‘(a) EPA GUIDELINES.—Within 18 months after the
enactment of the Safe Drinking Water Act Amendments of
1994, the Administrator shall issue guidelines for purposes
of subsection (b) for State programs to bring public water
systems into compliance with this title and to maintain
such compliance. The guidelines shall be developed in con-
sultation with the States.
‘‘(b) STATE PROGRAMS TO ASSURE VIABILITY.—With-
in 2 years after issuance of guidelines under subsection (a),
each State exercising primary enforcement responsibility
for public water systems shall develop and implement a
comprehensive program to assure the viability of commu-
nity and noncommunity nontransient public water systems
within that State which are subject to the provisions of sub-
section (e). The program shall be treated as approved by
the Administrator unless disapproved by the Administrator
within 6 months after the date of its submittal. If dis-
approved it may be resubmitted in accordance with section
1428(c).
‘‘(c) FINANCIAL ASSISTANCE FOR SMALL SYSTEMS.—
(1) Except as provided in paragraph (2), no financial as-
sistance may be provided from funds made available under
section 1443(c) to any public water system in operation on
the date of enactment of the Safe Drinking Water Act
Amendments of 1994 that—
‘‘(A) serves fewer than 10,000 persons, and
‘‘(B) has a history of violations of monitoring re-
quirements or violations of national primary drink-
ing water regulations,
unless the State determines whether the public water system
has, or will have, the technical, managerial, and financial
capability to operate in compliance, and maintain compli-
ance, with this title. Such determination shall be based on
such information as the public water system may provide
to the State and such other information as may be available
to the State. In making such determination the State shall
take into consideration the financial assistance which may
be available to the public water system.
‘‘(2)(A) If the State determines under paragraph (1)
that a public water system lacks the capability referred to
in paragraph (1), the State shall require adoption by the
system of management or restructuring changes or both be-
fore providing funding to the system under section 1443(c),
except as provided in subparagraph (B). Management
changes may include rate increases, accounting changes, the
hiring of consultants, the appointment of a technician with
expertise in operating such systems, contractual arrange-
ments for a more efficient and capable system for joint oper-
ation, or other reasonable strategies to improve viability.
Restructuring changes may include ownership change,
physical consolidation with another system, or other meas-
ures to otherwise improve customer base and gain economies
of scale.
‘‘(B) If the State determines under paragraph (1) that
a system lacks the capability referred to in paragraph (1),
funds provided under section 1443(c) (relating to State Re-
volving Funds) shall be available only to support such phys-
ical consolidation.
‘‘(d) NEW SYSTEMS.—No financial assistance of any
kind may be provided under this title to any public water
system that is established, and begins operations, in any
State after the enactment of the Safe Drinking Water Act
Amendments of 1994, unless the Administrator determines
that the State has an effective operating permit program
or other means to ensure, before commencing operation, that
the system has the management and technical capacity and
financial capability, taking into account its customer base
and other relevant factors, to comply and maintain compli-
ance with the applicable requirements of this title. No
change in the ownership of a public water system shall re-
sult in the application of the prohibition contained in this
subsection to such system.
‘‘(e) STATE VIABILITY ASSESSMENTS.—(1) Before the
end of the first full fiscal year after the enactment of the
Safe Drinking Water Act Amendments of 1994, each State
shall establish a program for assessing, over a 5-year pe-
riod, the long-term technical, managerial, and financial ca-
pability of community and nontransient noncommunity
public water systems serving fewer than 10,000 persons that
are in violation of this title or may be in jeopardy of not
maintaining compliance with this title. The State shall es-
tablish a schedule for determining which systems to include
in the assessment program.
‘‘(2) The assessment program referred to in paragraph
(1) shall include any public water system that has been in
significant noncompliance (as defined in guidelines issued
prior to the enactment of the Safe Drinking Water Act
Amendments of 1994 or any revisions thereof and in na-
tional primary drinking water regulations promulgated
after such date of enactment) or violated any maximum
contaminant level or treatment technique, any variance, or
any exemption under this title during the 2 years prior
to the date on which the State makes a determination (in
accordance with the schedule under in paragraph (1)) re-
garding whether to include such system in the assessment
program.
‘‘(3) For all public water systems referred to in para-
graph (1) (other than those referred to in paragraph (2)),
the State shall establish, in consultation with the Adminis-
trator, a system of priorities, as part of the program for
conducting assessments, where there has been other non-
compliance during such 2-year period which the State con-
siders serious. The State shall publish such priorities and
file them with the Administrator. The State, in its discre-
tion and considering its resources, may, but is not required
to, conduct assessments of public water systems which are
in compliance during such period.
‘‘(f) WAIVER.—The Administrator may waive any re-
quirements of this section in the case of a State viability
program adopted before the enactment of this section if the
Administrator finds that such State viability program is
fully achieving the objectives of this section.
‘‘(g) AVAILABILITY OF SRF FUNDS.—Unless the State
has—
‘‘(1) prior to the end of the first full fiscal year
after the enactment of the Safe Drinking Water Act
Amendments of 1994, established a program meeting
the requirements of subsection (e), and
‘‘(2) beginning with the third fiscal year after
the Administrator issues guidelines under subsection
(a), developed and implemented an approved program
under subsection (b),
only 50 percent of the funds that would otherwise be allo-
cated to that State under section 1443(c) (relating to State
Revolving Funds) may be made available to the State.
‘‘(h) EPA REVIEW.—The decisions of the State under
this section regarding any particular public water system
are not subject to review by the Administrator.’’.
SEC. 13. SOURCE WATER ASSESSMENT AND PETITION PRO-
GRAM.
(a) GUIDELINES AND PROGRAMS.—Section 1428 is
amended by adding ‘‘AND
SOURCE
WATER’’ after
‘‘WELLHEAD’’ in the section heading and by adding at the
end thereof the following:
‘‘(l) SOURCE WATER ASSESSMENT.—
‘‘(1) GUIDANCE.—Within 12 months after enact-
ment of the Safe Drinking Water Act Amendments of
1994, after notice and comment, the Administrator
shall publish guidance for States exercising primary
enforcement responsibility for public water systems to
carry out directly or through delegation (for the pro-
tection and benefit of public water systems and for
the support of monitoring flexibility) a source water
assessment program within the State’s boundaries.
‘‘(2) PROGRAM REQUIREMENTS.—A source water
assessment program under this subsection shall—
‘‘(A) delineate the boundaries of the assess-
ment areas in such State from which one or
more public water systems in the State receive
supplies of drinking water, using all reasonably
available hydrogeologic information on the
sources of the supply of drinking water in the
State and the water flow, recharge, and dis-
charge and any other reliable information as the
State deems necessary to adequately determine
such areas; and
‘‘(B) identify for contaminants regulated
under this title for which monitoring is required
under this title (or any unregulated contami-
nants which the State, for the purposes of this
subsection, has determined to present an urgent
threat to public health), to the extent practical,
the origins within each delineated area of such
contaminants to determine the susceptibility of
the public water systems in the delineated area
to such contaminants.
‘‘(3) APPROVAL, IMPLEMENTATION, AND
MON-
ITORING RELIEF.—A State source water assessment
program under this subsection shall be submitted to
the Administrator within 18 months after the Admin-
istrator’s guidance is issued under this subsection and
shall be deemed approved 9 months after the date of
such submittal unless the Administrator disapproves
the program as provided in subsection (c). States
shall begin implementation of the program imme-
diately after its approval. The Administrator’s ap-
proval of a State program under this subsection shall
include a timetable, established in consultation with
the State, allowing not more than 2 years for comple-
tion after approval of the program. Public water sys-
tems seeking monitoring relief in addition to the in-
terim relief provided under section 1418(a) shall be
eligible for monitoring relief, consistent with section
1418(b), upon completion of the assessment in the de-
lineated source water assessment area or areas con-
cerned.
‘‘(4) TIMETABLE.—The timetable referred to in
paragraph (3) shall take into consideration the avail-
ability to the State of funds under section 1443(c) (re-
lating to State Revolving Funds) for assessments and
other relevant factors. The Administrator may extend
any timetable included in a State program approved
under paragraph (3) to extend the period for comple-
tion by an additional 18 months. The timetable shall
be deemed to be part of the guidance published under
paragraph (1) and shall be subject to section 1450(j).
Compliance with subsection (g) shall not affect any
State permanent monitoring flexibility program ap-
proved under section 1418(b). To avoid duplication
and to encourage efficiency, the program shall, to the
extent practicable, be coordinated with other existing
programs and mechanisms, including the wellhead
protection program, vulnerability assessments, sani-
tary surveys, and monitoring programs.
‘‘(5) DEMONSTRATION PROJECT.—The Adminis-
trator shall, as soon as practicable, conduct a dem-
onstration project, in consultation with other Federal
agencies, to demonstrate the most effective and protec-
tive means of assessing and protecting source waters
serving large metropolitan areas and located on Fed-
eral lands.
‘‘(m) PETITION PROGRAM.—
‘‘(1) SUBMISSION
OF
PETITIONS.—Within 18
months after publication by the Administrator of
guidance under subsection (l), each State exercising
primary enforcement responsibility shall adopt and
submit to the Administrator a source water petition
program. A petition under such program may request
that the State assist in addressing the origins of con-
taminants regulated under this title (or unregulated
contaminants for which the State has determined, for
purposes of this section, that there is an urgent threat
to public health) and that are not adequately ad-
dressed by the wellhead protection program or other
programs. The origins of such contaminants may in-
clude, to the extent practicable, the specific activities
that affect the drinking water supply of a community.
Such program shall also include provisions for vol-
untary partnerships, including those in which public
water systems and local governments participate and
submit petitions. The program shall provide for pub-
lic notice of petitions.
‘‘(2) CONTENTS OF PETITIONS.—Petitions sub-
mitted to the State under this subsection may seek as-
sistance in directing, or redirecting, consistent with
applicable program authorities administrative, tech-
nical, or financial resources to address the origins of
drinking water contaminants regulated under this
title (or unregulated contaminants for which the State
has determined, for purposes of this section, that there
is an urgent threat to public health) and that are not
adequately addressed by the wellhead protection pro-
gram or other programs. Any such petition shall, at
a minimum—
‘‘(A) include delineation of the source water
area covered by the petition, based on the source
water assessment delineation areas set forth in
subsection (l)(2)(A);
‘‘(B) based on reasonably available data,
identify the nature of the problem that is the
basis for the petition;
‘‘(C) to the extent practicable, identify the
origins of such drinking water contaminants;
and
‘‘(D) identify any missing data necessary to
adequately characterize the problem that is the
basis of the petition.
Identification of a contaminant or contaminants in a
petition shall be contaminant specific. Contaminants
may be combined in a single petition. The State may
elect to waive the requirement for the petitioner to
meet subparagraph (D).
‘‘(3) RESPONSE TO PETITIONS.—Each State re-
ceiving a petition under this subsection shall respond
to the petition in an expeditious manner unless the
State determines, in its discretion, that the petition
is frivolous. The State response may include, as ap-
propriate, utilization and coordination of programs,
technical assistance, financial assistance, education,
training, 
contingency 
plans 
and 
demonstration
projects for the delineated areas to protect the drink-
ing water supply of systems within those areas from
such contaminants. Nothing in this paragraph is in-
tended or shall be interpreted to create or convey any
new authority in any State, political subdivision of
a State, or public water system for any control meas-
ure or limit in any way any authority of a State, po-
litical subdivision of a State, or water system.
‘‘(4) APPROVAL
OF
PETITION
PROGRAM.—The
Administrator’s approval of a State source water pe-
tition program under this subsection is not required
unless the State uses grant funds under section
1443(c) (relating to State Revolving Funds) to adopt
and implement the program. The State may use
grants allotted to the State under section 1443(c) for
such purposes only with the approval of the Adminis-
trator. If adopted with the use of funds made avail-
able under section 1443(c) by a State exercising pri-
mary enforcement responsibility for public water sys-
tems, the State shall comply with the delineation re-
quirements set forth in subsection (l)(2)(A) and the
program shall contain, as appropriate, one or more
of the elements referred to in section 1428(a)(4).’’.
(b) PUBLIC PARTICIPATION.—Subsection (b) of section
1428 is amended by adding the following at the end thereof:
‘‘No funds shall be available to the State under section
1443(c) (relating to State Revolving Funds) for the purpose
of carrying out a State source water petition program un-
less the State procedures referred to in this section also
apply to any State source water petition program adopted
under subsection (m).’’.
(c) APPROVAL
AND DISAPPROVAL
OF STATE PRO-
GRAMS.—Section 1428 is amended as follows:
(1) Amend the first sentence of subsection (c)(1)
to read as follows: ‘‘If, in the judgment of the Admin-
istrator, a State program or portion thereof under
subsection (a) is not adequate to protect public water
systems as required by subsection (a) or a State pro-
gram under subsection (l) or (m) or section 1418(b)
does not meet the applicable requirements of sub-
section (l), (m) or section 1418(b), the Administrator
shall disapprove such program or portion thereof.’’.
(2) Add after the second sentence of subsection
(c)(1) the following: ‘‘A State program developed pur-
suant to subsection (l) or (m) or section 1418(b) shall
be deemed to meet the applicable requirements of sub-
section (l), (m) or section 1418(b) unless the Adminis-
trator determines within 9 months of the receipt of
the program that such program (or portion thereof)
does not meet such requirements.’’.
(3) In the third sentence of subsection (c)(1) and
in subsection (c)(2) strike ‘‘is inadequate’’ and insert
‘‘is disapproved’’.
(4) Add the following at the end of subsection
(c)(1): ‘‘Notwithstanding any other provision of this
subsection, the provisions of this subsection shall
apply to source water petition programs under sub-
section (m) only if the State uses grants under section
1443(c) (relating to State Revolving Funds) for such
program.’’.
(5) In subsection (b), add the following before the
period at the end of the first sentence: ‘‘and source
water assessment programs under subsection (l)’’.
(6) In subsection (g)—
(A) insert after ‘‘under this section’’ the fol-
lowing: ‘‘, State source water assessment pro-
grams under subsection (l) and State petition
programs under subsection (m) for which the
State uses grants under section 1443(c) (relating
to State Revolving Funds)’’; and
(B) strike ‘‘Such’’ in the last sentence and
inserting ‘‘In the case of wellhead protection pro-
grams, such’’.
SEC. 14. MONITORING OF REGULATED CONTAMINANTS.
Part B is amended by adding the following after sec-
tion 1417:
‘‘SEC. 1418. MONITORING OF CONTAMINANTS.
‘‘(a) INTERIM MONITORING RELIEF AUTHORITY.—(1)
A State exercising primary enforcement responsibility for
public water systems may modify the monitoring require-
ments for—
‘‘(A) regulated chemical pesticide contaminants,
‘‘(B) polychlorinated byphenyls,
‘‘(C) dioxin, and
‘‘(D) unregulated contaminants for which mon-
itoring is required under phase II as set forth on Jan-
uary 30, 1991, in volume 56 of the Federal Register,
page 3526 and phase V as set forth on July 17, 1992,
in volume 57 of the Federal Register, page 31776
for an interim period to provide that any public water sys-
tem serving 3,300 persons or fewer shall not be required
to conduct additional quarterly monitoring during an in-
terim relief period for such contaminants if—
‘‘(i) monitoring, conducted at the beginning of
the period for the contaminant concerned and cer-
tified to the State by the public water system, fails to
detect the presence of the contaminant in the ground
or surface water supplying the public water system,
and
‘‘(ii) the State, (considering the hydrogeology of
the area and other relevant factors), determines in
writing that the contaminant is unlikely to be de-
tected by further monitoring during such period.
‘‘(2) The interim relief period referred to in paragraph
(1) shall terminate when permanent monitoring relief is
adopted and approved for such State, or at the end of 36
months after the enactment of the Safe Drinking Water Act
Amendments of 1994, whichever comes first. In order to
serve as a basis for interim relief, the monitoring conducted
at the beginning of the period must occur at the time deter-
mined by the State to be the time of the public water sys-
tem’s greatest vulnerability to the contaminant concerned
in the relevant ground or surface water, taking into account
in the case of pesticides the time of application of the pes-
ticide for the source water area and the travel time for the
pesticide to reach such waters and taking into account, in
the case of other contaminants, seasonality of precipitation
and contaminant travel time.
‘‘(b) PERMANENT MONITORING RELIEF AUTHORITY.—
(1) Each State exercising primary enforcement responsibil-
ity for public water systems under this title and having
an approved wellhead protection program and a source
water assessment program may adopt, in accordance with
guidance published by the Administrator, and submit to the
Administrator as provided in section 1428(c), tailored al-
ternative monitoring requirements for public water systems
in such State (as an alternative to the monitoring require-
ments specified in the Administrator’s standardized mon-
itoring framework for chemical contaminants and the ap-
plicable national primary drinking water regulations)
where the State concludes that (based on data available at
the time of adoption concerning susceptibility, use, occur-
rence, wellhead protection, or from the State’s drinking
water source water assessment program) such alternative
monitoring would provide assurance that it complies with
the Administrator’s guidelines. The State program must be
adequate to assure compliance with, and enforcement of, ap-
plicable national primary drinking water regulations. Al-
ternative monitoring shall not apply to regulated
microbiological contaminants, disinfectants and disinfec-
tion by-products, or corrosion by-products. The preceding
sentence is not intended to limit other authority of the Ad-
ministrator under other provisions of this title to grant
monitoring flexibility.
‘‘(2)(A) The Administrator shall issue, after notice and
comment and at the same time as guidelines are issued for
source water assessment under section 1428(l), guidelines
for States to follow in proposing alternative requirements
to the standardized monitoring framework for chemical con-
taminants. The Administrator shall publish such frame-
work in the Federal Register. The guidelines shall assure
that the public health will be protected from drinking water
contamination. The guidelines shall require that a State al-
ternative monitoring program apply on a contaminant-by-
contaminant basis and that, to be eligible for such alter-
native monitoring program, a public water system must
show the State that the contaminant is not present in the
drinking water supply or, if present, it is reliably and con-
sistently below the maximum contaminant level.
‘‘(B) For purposes of subparagraph (A), the phrase ‘re-
liably and consistently below the maximum contaminant
level’ means that, although contaminants have been detected
in a water supply, the State has sufficient knowledge of the
contamination source and extent of contamination to pre-
dict that the maximum contaminant level will not be ex-
ceeded. In determining that a contaminant is reliably and
consistently below the maximum contaminant level, States
shall consider the quality and completeness of data, the
length of time covered and the volatility or stability of mon-
itoring results during that time, and the proximity of such
results to the maximum contaminant level. Wide variations
in the analytical results, or analytical results close to the
maximum contaminant level, shall not be considered to be
reliably and consistently below the maximum contaminant
level.
‘‘(3) The guidelines issued by the Administrator under
paragraph (2) shall require that if, after the monitoring
program is in effect and operating, a contaminant covered
by the alternative monitoring program is detected at levels
at or above the maximum contaminant level or is no longer
reliably or consistently below the maximum contaminant
level, the public water system must either—
‘‘(A) demonstrate that the contamination source
has been removed or that other action has been taken
to eliminate the contamination problem, or
‘‘(B) test for the detected contaminant pursuant
to the applicable national primary drinking water
regulation.
‘‘(c) TREATMENT AS NPDWR.—All monitoring relief
granted by a State to a public water system for a regulated
contaminant under subsection (a) or (b) shall be treated
as part of the national primary drinking water regulation
for that contaminant.
‘‘(d) OTHER MONITORING RELIEF.—Nothing in this
section shall be construed to affect the authority of the
States under the standard monitoring framework for chemi-
cal contaminants and under applicable national primary
drinking water regulations to alter monitoring require-
ments through waivers in effect at the time of the enactment
of the Safe Drinking Water Act Amendments of 1994. States
are encouraged to use such authority.’’.
SEC. 15. FEDERAL FACILITIES.
(a) IN GENERAL.—Part C is amended by adding at
the end thereof the following new section:
‘‘SEC. 1429. FEDERAL FACILITIES.
‘‘(a) IN GENERAL.—Each department, agency, and in-
strumentality of the executive, legislative, and judicial
branches of the Federal Government—
‘‘(1) owning or operating any facility in a well-
head protection area,
‘‘(2) engaged in any activity at such facility re-
sulting, or which may result, in the contamination of
water supplies in any such area, or
‘‘(3) owning or operating any public water sys-
tem
shall be subject to, and comply with, all Federal, State,
interstate, and local requirements, both substantive and
procedural (including any requirement for permits or re-
porting or any provisions for injunctive relief and such
sanctions as may be imposed by a court to enforce such
relief), respecting the protection of such wellhead areas and
respecting such public water systems in the same manner
and to the same extent as any person is subject to such re-
quirements, including the payment of reasonable service
charges. The Federal, State, interstate, and local substantive
and procedural requirements referred to in this subsection
include, but are not limited to, all administrative orders
and all civil and administrative penalties and fines, re-
gardless of whether such penalties or fines are punitive or
coercive in nature or are imposed for isolated, intermittent,
or continuing violations. The United States hereby ex-
pressly waives any immunity otherwise applicable to the
United States with respect to any such substantive or proce-
dural requirement (including, but not limited to, any in-
junctive relief, administrative order or civil or administra-
tive penalty or fine referred to in the preceding sentence,
or reasonable service charge). The reasonable service charges
referred to in this subsection include, but are not limited
to, fees or charges assessed in connection with the processing
and issuance of permits, renewal of permits, amendments
to permits, review of plans, studies, and other documents,
and inspection and monitoring of facilities, as well as any
other nondiscriminatory charges that are assessed in con-
nection with a Federal, State, interstate, or local regulatory
program respecting the protection of wellhead areas or pub-
lic water systems. Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or exempt from
any process or sanction of any State or Federal Court with
respect to the enforcement of any such injunctive relief. No
agent, employee, or officer of the United States shall be per-
sonally liable for any civil penalty under any Federal,
State, interstate, or local law concerning the protection of
wellhead areas or public water systems with respect to any
act or omission within the scope of the official duties of
the agent, employee, or officer. An agent, employee, or offi-
cer of the United States shall be subject to any criminal
sanction (including, but not limited to, any fine or impris-
onment) under any Federal or State requirement adopted
pursuant to this title, but no department, agency, or instru-
mentality of the executive, legislative, or judicial branch of
the Federal Government shall be subject to any such sanc-
tion. The President may exempt any facility of any depart-
ment, agency, or instrumentality in the executive branch
from compliance with such a requirement if he determines
it to be in the paramount interest of the United States to
do so. No such exemption shall be granted due to lack of
appropriation unless the President shall have specifically
requested such appropriation as a part of the budgetary
process and the Congress shall have failed to make available
such requested appropriation. Any exemption shall be for
a period not in excess of 1 year, but additional exemptions
may be granted for periods not to exceed 1 year upon the
President’s making a new determination. The President
shall report each January to the Congress all exemptions
from the requirements of this section granted during the
preceding calendar year, together with his reason for grant-
ing each such exemption.
‘‘(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—(1)
The Administrator may commence an administrative en-
forcement action against any department, agency, or in-
strumentality of the executive, legislative, or judicial branch
of the Federal Government subject to the provisions of sub-
section (a) pursuant to the enforcement authorities con-
tained in this title. The Administrator shall initiate an ad-
ministrative enforcement action against such a department,
agency, or instrumentality in the same manner and under
the same circumstances as an action would be initiated
against another person. Any voluntary resolution or settle-
ment of such an action shall be set forth in a consent order.
‘‘(2) No administrative order issued to such a depart-
ment, agency, or instrumentality shall become final until
such department, agency, or instrumentality has had the
opportunity to confer with the Administrator.
‘‘(c) LIMITATION
ON STATE USE
OF FUNDS COL-
LECTED FROM FEDERAL GOVERNMENT.—Unless a State
law in effect on the date of the enactment of the Safe Drink-
ing Water Act Amendments of 1994 or a State constitution
requires the funds to be used in a different manner, all
funds collected by a State from the Federal Government
from penalties and fines imposed for violation of any sub-
stantive or procedural requirement referred to in subsection
(a) shall be used by the State only for projects designed to
improve or protect the environment or to defray the costs
of environmental protection or enforcement.’’.
(b) CONFORMING AMENDMENTS.—Section 1447(a) is
amended as follows:
(1) By striking out ‘‘(1) having jurisdiction over
any federally owned or maintained public water sys-
tem or (2)’’.
(2) By striking out ‘‘respecting the provision of
safe drinking water and’’.
(3) Section 1447(c) is amended by striking out
‘‘the Safe Drinking Water Amendments of 1977’’ and
inserting ‘‘this title’’ and by striking ‘‘this Act’’ and
inserting ‘‘this title’’.
SEC. 16. EMERGENCY POWERS.
Section 1431(b) is amended by striking out ‘‘$5,000’’
and inserting in lieu thereof ‘‘$15,000’’.
SEC. 17. TAMPERING.
Section 1432 is amended as follows:
(1) In subsection (d), by striking ‘‘or’’ at the end
of paragraph (1) and by striking paragraph (2) and
inserting the following:
‘‘(2) to knowingly and deliberately interfere with
the operation of a public water system with the intent
to cause economic harm to the system or cause the
system to violate this title; or
‘‘(3) to knowingly and deliberately render inac-
curate a monitoring device with the intent to falsify
monitoring results.’’.
(2) By adding at the end the following:
‘‘(e) FAILURE TO REPORT.—Any owner or operator
of a public water system who knowingly and deliberately
fails to report for more than 90 days to the State with pri-
mary enforcement responsibility for public water systems,
or to the public as required by this title, or to the Adminis-
trator, a violation of a maximum contaminant level or
treatment technique shall be subject to a fine of not more
than $10,000, imprisonment for not more than 2 years, or
both, except that failure to comply with the exact form and
contents of a notice shall not be considered a failure to re-
port which is subject to enforcement under this subsection.
‘‘(f) FALSE STATEMENTS.—State requirements appli-
cable to public water systems in States with primary en-
forcement responsibility for public water systems under this
title, or requirements of the Administrator under this title,
respecting statements, representations, writings, or docu-
ments shall be construed to be subject to the provisions of
section 1001 of title 18 of the United States Code and for
such purposes such requirements shall be treated as a mat-
ter within the jurisdiction of a department or agency of
the United States and solely for that purpose such State
shall be treated as a Federal department or agency.’’.
SEC. 18. FUNDS FOR SAFE DRINKING WATER.
(a) STATE
REVOLVING
FUNDS.—Section 1443 is
amended by redesignating subsection (c) as subsection (d)
and by adding the following new subsection after subsection
(b):
‘‘(c) STATE REVOLVING FUNDS.—
‘‘(1) GENERAL AUTHORITY.—
‘‘(A) GRANTS TO STATES TO ESTABLISH RE-
VOLVING FUNDS.—The Administrator shall enter
into agreements with States to make capitaliza-
tion grants, including letters of credit, to the
States under this subsection solely to further the
health protection objectives of this title, promote
the efficient use of fund resources, and for such
other purposes as specified in this title. The
grants shall be deposited in drinking water treat-
ment revolving funds established by the State, ex-
cept as otherwise provided in this subsection and
in other provisions of this title. No portion of
any specific percentage amount of such grants
referred to in paragraph (5), (8), or (9) or au-
thorized by other provisions of this title to be
used for other purposes specified in this title
shall be deposited in any State revolving fund.
All such grants shall be allotted to the States in
the same manner as funds are allotted to States
under subsection (a)(4), except as provided in
paragraph (8) and except that the State allot-
ment for a State not exercising primary enforce-
ment responsibility for public water systems
shall not be deposited in any such fund but shall
be allotted by the Administrator as follows: 30
percent of such allotment shall be available to the
Administrator as needed to exercise primary en-
forcement responsibility under this title in such
State and the remainder shall be reallotted to
States exercising primary enforcement respon-
sibility for public water systems for deposit in
such funds. Whenever the Administrator makes a
final determination pursuant to section 1413(b)
that the requirements of section 1413(a) are no
longer being met by a State, additional grants
for such State under this title shall be imme-
diately terminated by the Administrator.
‘‘(B) USE OF FUNDS.—Except as otherwise
authorized by this title, amounts deposited in
such revolving funds, including loan repayments
and interest earned on such amounts, shall be
used only for providing loans or other financial
assistance of any kind or nature that the State
deems appropriate to public water systems. Such
financial assistance may be used by a public
water system only for expenditures (not includ-
ing monitoring, operation, and maintenance ex-
penditures) of a type or category which the Ad-
ministrator has determined, through guidance,
will facilitate compliance with national primary
drinking water regulations applicable to such
system under section 1412 or otherwise signifi-
cantly further the health protection objectives of
this title. Such financial assistance may be used
for acquisition from willing sellers, at fair mar-
ket value, of real property or interests therein
which are integral to such systems. 15 percent of
the amount credited to any revolving fund estab-
lished under this section in any fiscal year shall
be available solely for providing loan assistance
to public water systems which regularly serve
fewer than 10,000 persons.
‘‘(C) FUND MANAGEMENT.—Each State re-
volving fund under this subsection shall be estab-
lished, maintained, and credited with repay-
ments and interest. The fund corpus shall be
available in perpetuity for providing financial
assistance under this section. To the extent
amounts in each such fund are not required for
current obligation or expenditure, such amounts
shall be invested in interest bearing obligations
of the State or of the United States.
‘‘(D) GRANTS FROM REVOLVING FUNDS.—A
State may not provide assistance in the form of
grants from a State revolving fund established
under this subsection in an aggregate amount
which exceeds the sum of the interest collected on
deposits in such State revolving fund plus
amounts deposited in such fund by the State
pursuant to paragraph (3). Such grants may
only be made to public water systems owned by
a governmental or inter-governmental agency, a
non-profit organization, an Indian tribe, or any
combination thereof which the State finds to be
experiencing financial hardship.
‘‘(E) INVESTOR-OWNED PUBLIC WATER SYS-
TEMS.—In the case of any public water system
not owned by a governmental or inter-govern-
mental agency, a non-profit organization, an In-
dian tribe, or any combination thereof, the State
may provide assistance from a State revolving
fund under this subsection according to priorities
established by the State based on the greatest
public health needs and financial need. The
State may provide loan assistance to any such
system from such a State revolving fund only
after making a determination that the system
has the ability to repay the loan according to its
terms and conditions. States are authorized to
require such systems to identify a dedicated
source for repayment of the loans and to impose
such other requirements as may be necessary to
assure loan repayment.
‘‘(2) SPECIFIC REQUIREMENT.—No loan or other
financial assistance may be provided to a public
water system from a revolving fund established under
this subsection to be used for any expenditure that
could be avoided or significantly reduced by appro-
priate consolidation of that public water system with
any other public water system, except that in such
cases such assistance may be provided from the re-
volving fund for such consolidation.
‘‘(3) STATE
CONTRIBUTION.—In the case of
grants made after fiscal year 1995, each agreement
under this subsection shall require that the State de-
posit in the fund from State moneys an amount equal
to at least 20 percent of the total amount of the grant
to be made to the State on or before the date on which
the grant payment is made to the State.
‘‘(4) COMBINED FINANCIAL ADMINISTRATION.—
Notwithstanding subparagraph (C) of paragraph (1),
a State may (as a convenience and to avoid unneces-
sary administrative costs) combine, in accordance
with State law, the financial administration of a re-
volving fund established under this subsection with
the financial administration of any other revolving
fund established by the State if otherwise not prohib-
ited by the law under which such revolving fund was
established and if the Administrator determines
that—
‘‘(A) the grants under this subsection, to-
gether with loan repayments and interest, will be
separately accounted for and used solely for the
purposes specified in paragraph (1); and
‘‘(B) the authority to establish assistance
priorities and carry out oversight and related ac-
tivities (other than financial administration)
with respect to such assistance remains with the
State agency having primary responsibility for
administration of the State program under this
part.
‘‘(5) ADMINISTRATION.—(A) Each State may an-
nually use up to 4 percent of the funds allotted to the
State under this subsection to cover the reasonable
costs of administration of the assistance program
under this subsection and of providing technical as-
sistance to public water systems within the State. For
fiscal year 1995 and each fiscal year thereafter, each
State may use up to an additional 5 percent of the
funds allotted to the State under this subsection for
public water system supervision if the State matches
such expenditures with at least an equal amount of
non-Federal funds. At least half of such match must
be additional to the amount expended by the State for
public water supervision in fiscal year 1993. An ad-
ditional 1 percent of the funds annually allotted to
the State under this subsection shall be used by each
every 2 years on its activities under this subsection,
including the findings of the most recent audit of the
fund and the entire State allotment. The Adminis-
trator shall periodically audit all revolving funds es-
tablished by, and all other amounts allotted to, the
States pursuant to this subsection in accordance with
procedures established by the Comptroller General.
‘‘(6) NEEDS SURVEY.—The Administrator shall
conduct an assessment of financial needs of all public
water systems in the United States and submit a re-
port to the Congress containing the results of such as-
sessment within 2 years after the date of the enact-
ment of the Safe Drinking Water Act Amendments of
1994. The Administrator shall revise such report peri-
odically as appropriate.
‘‘(7) INDIAN
TRIBES.—11⁄2
percent of the
amounts appropriated annually to carry out this sub-
section may be used by the Administrator to make
grants to Indian Tribes and Alaskan Native Villages
which are not otherwise eligible to receive either
grants from the Administrator under this subsection
or assistance from State revolving funds established
under this subsection. Such grants may only be used
for expenditures by such tribes and villages for public
water system expenditures referred to in paragraph
(1)(B).
‘‘(8) OTHER
AREAS.—Of the funds annually
available under this section for grants to States, the
Administrator shall make allotments in accordance
with section 1443(a)(4) for the District of Columbia,
the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the
Republic of Palau. The grants allotted as provided in
this paragraph may be provided by the Administrator
to the governments of such areas, to public water sys-
tems in such areas, or to both, to be used for the pub-
lic water system expenditures referred to in para-
graph (1)(B). Such grants shall not be deposited in
revolving funds. The total allotment of grants under
this subsection for all areas described in this para-
graph in any fiscal year shall not exceed 1 percent of
the aggregate amount made available to carry out
this subsection in that fiscal year.
‘‘(9) ADDITIONAL SET-ASIDES.—Any State exer-
cising primary enforcement responsibility for public
water systems may use up to 4 percent of the annual
grants under this subsection allotted to that State for
the following:
‘‘(A) To establish and implement wellhead
protection programs under section 1428.
‘‘(B) For a period of 5 years after the Ad-
ministrator publishes guidance under section
1428(l), to establish and implement source water
assessment programs under section 1428.
‘‘(C) For a 7-fiscal year period after guide-
lines are issued under section 1419(a), to develop
and implement a viability program under sec-
tion 1419(b) and assess viability under section
1419(e).
Not more than 2 percent of such annual grant allot-
ment for any such State in any fiscal year may be
used by that State for purpose of subparagraph (C).
If any State exercising primary enforcement respon-
sibility for public water systems adopts a petition
program under section 1428(m), the State may use
not more than 1 percent of the grant under this sub-
section allotted to the State in any fiscal year for es-
tablishing and implementing such program. No such
funds shall be used for such a petition program if the
State fails to implement the program.
‘‘(10) DEMONSTRATION PROJECT FOR STATE OF
VIRGINIA.—Notwithstanding the other provisions of
this subsection limiting the use of funds deposited in
a State revolving fund from any State allotment, the
State of Virginia may, as a single demonstration and
with the approval of the Virginia General Assembly
and the Administrator, conduct a program to dem-
onstrate alternative approaches to intergovernmental
coordination to assist in the financing of new drink-
ing water facilities in the following rural commu-
nities in southwestern Virginia where none exists on
the date of the enactment of the Safe Drinking Water
Act Amendments of 1994 and where such commu-
nities are experiencing economic hardship: Lee Coun-
ty, Wise County, Scott County, Dickenson County,
Russell County, Buchanan County, Tazewell County,
and the city of Norton, Virginia. The funds allotted
to that State and deposited in the State revolving
fund may be loaned to a regional endowment fund for
the purpose set forth in this paragraph under a plan
to be approved by the Administrator. The plan may
include an advisory group that includes representa-
tives of such counties.
‘‘(11) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
the purposes of this subsection $599,000,000 for the
fiscal year 1994 and $1,000,000,000 for each of the
fiscal years 1995, 1996, and 1997, and such sums as
may be necessary thereafter. Sums shall remain avail-
able until expended.’’.
(b) REPORT.—Not later than 18 months after the date
of the enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency shall report to the Congress,
after notice and public comment, on the appropriateness of
using State revolving funds under section 1443(c) of the
Public Health Service Act for acquisition of real property
or interests therein from willing sellers where such acquisi-
tion is undertaken in addition to, or as an alternative to,
system development as a means of complying with national
primary drinking water regulations. The review of the use
of such funds shall examine any cost savings and environ-
mental benefits for safe drinking water and any problems
related thereto.
(c) TECHNICAL ASSISTANCE.—(1) The Administrator
of the Environmental Protection Agency may provide tech-
nical assistance to small public water systems to enable
such systems to achieve and maintain compliance with ap-
plicable national primary drinking water regulations. Such
assistance may include circuit-rider programs, training,
and preliminary engineering evaluations. There is author-
ized to be appropriated to the Administrator to be used for
such technical assistance $15,000,000 for the fiscal year
1994, and such sums as may be necessary for fiscal years
thereafter. No portion of any State revolving fund estab-
lished under section 1443(c) of the Public Health Service
Act and no portion of any funds made available under this
subsection may be used either directly or indirectly for lob-
bying expenses. Of the total amount appropriated under
this subsection, 3 percent shall be used for technical assist-
ance to public water systems owned or operated by Indian
tribes. Nothing in this Act or the amendments made by this
Act authorizes scientific or environmental research and de-
velopment.
(2) Section 1442(g) is amended to read as follows:
‘‘(g) ƒRESERVED≈.’’.
(d) 
PUBLIC
WATER
SYSTEMS
SUPERVISION
GRANTS.—Section 1443(a) is amended as follows:
(1) Paragraph (4) is amended by adding the fol-
lowing at the end thereof: ‘‘The allotment of grant
funds under this subsection for States not exercising
primary enforcement responsibility for public water
systems shall not be provided to such States but shall
be available to the Administrator for the costs of ad-
ministering this title in those States.’’.
(2) Paragraph (7) is amended by striking out
‘‘not more than the following amounts’’ and all that
follows down through the end of such paragraph and
inserting ‘‘such sums as may be necessary for fiscal
years after fiscal year 1994.’’.
SEC. 19. RECORDS AND INSPECTIONS.
(a) REQUIREMENTS.—Section 1445(a)(1) is amended
by inserting ‘‘(A)’’ after ‘‘(1)’’ and by adding at the end
the following:
‘‘(B) Instead of using the authority under subpara-
graph (A) for the purposes set forth in this paragraph or
subsection (b), the Administrator may, on a case-by-case
basis, require by certified mail any public water system to
provide, on a 1-time, periodic, or continuous basis, such
records, reports, and information as the Administrator may
reasonably require in determining whether such system has
acted or is acting in compliance with this title. The Admin-
istrator shall provide the State exercising primary enforce-
ment responsibility for public water systems a copy of such
certified mail. This subparagraph shall not be construed to
change any requirements of other applicable laws, such as
the Paperwork Reduction Act of 1980. Nothing in this sub-
paragraph shall be construed to affect the authority of the
Administrator to use the authority of subsection (b) to de-
termine compliance with this title.’’.
(b) PENALTIES.—Section 1445(c) is amended by add-
ing at the end the following: ‘‘Such penalty may be assessed
by the Administrator after notice and opportunity for a
public hearing on the record in accordance with section 554
of title 5 of the United States Code.’’.
SEC. 20. MONITORING FOR UNREGULATED CONTAMINANTS.
Section 1445(a) is amended as follows:
(1) By adding at the end of paragraph (2) the
following sentence: ‘‘Within 24 months after the enact-
ment of the Safe Drinking Water Act Amendments of
1994 and every 5 years thereafter, the Administrator
shall review and, if necessary, revise the list of un-
regulated contaminants for which monitoring is re-
quired.’’.
(2) In paragraph (3), by inserting ‘‘not more
than 40’’ after ‘‘shall list’’ in the first sentence.
(3) In paragraph (4), by adding at the end
thereof: ‘‘Prior to the 24-month deadline established
under subsection (g), the State, where it is exercising
primary enforcement responsibility for public water
systems under this title, shall provide the results of
such monitoring to the Administrator for inclusion in
the occurrence data base under subsection (g).’’.
SEC. 21. OCCURRENCE DATA BASE.
Section 1445 is amended by adding the following new
subsection at the end thereof:
‘‘(g) OCCURRENCE DATA BASE.—Not later than 24
months after enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall assemble and
maintain a national drinking water occurrence data base,
using monitoring data on the occurrence of both regulated
and unregulated contaminants in public water supply sys-
tems obtained under subsection (a) of this section, and in-
formation from other public and private sources.’’.
SEC. 22. GENERAL PROVISIONS.
(a) GUIDELINES.—Section 1450 is amended by adding
the following at the end thereof:
‘‘(j) GUIDELINES.—(1) All guidelines issued by the Ad-
ministrator for States exercising primary enforcement re-
sponsibility for public water systems for any purpose pur-
suant to any requirement established by the Safe Drinking
Water Act Amendments of 1994 shall be published in the
Federal Register and shall remain in effect until changed
by the Administrator in accordance with the same proce-
dure as they were established. Such guidelines shall not be
considered to be rules and shall not be enforceable as rules.
Adoption by a State of a program covered by such guide-
lines and approval of the program by the Administrator
shall be treated as an agreement by the State with, and
acceptance of, the guidelines.
‘‘(2) Except as otherwise provided in this title, failure
of a State to abide by a guideline referred to in paragraph
(1) shall not be a basis for the State’s loss of primary en-
forcement responsibility for public water systems.
‘‘(3) The Administrator shall order a State to halt use
of a monitoring relief program under section 1418 to which
any guideline referred to in paragraph (1) applies if the
Administrator makes a finding, in writing, after notice to
the State, that the State has failed to comply with such
guideline and gives the State at least 90 days to correct
the alleged problem.
‘‘(4) The Administrator may, in the Administrator’s
discretion, reduce by 50 percent the amount of grants other-
wise made available to the State in any fiscal year under
section 1443(c) (relating to State revolving funds) if the Ad-
ministrator makes a finding in writing, after notice to the
State, that the State has failed to comply with any guide-
line referred to in paragraph (1) and gives the State at
least 90 days to correct the alleged problem.’’.
(b) WHISTLE BLOWER.—Section 1450(i) is amended
as follows:
(1) Amend paragraph (2)(A) by striking ‘‘30
days’’ and inserting ‘‘180 days’’ and by inserting be-
fore the period at the end ‘‘and the Environmental
Protection Agency’’.
(2) Amend paragraph (2)(B)(i) by inserting be-
fore the last sentence the following: ‘‘Upon conclusion
of such hearing and the issuance of a recommended
decision that the complaint has merit, the Secretary
shall issue a preliminary order providing the relief
prescribed in clause (ii), but may not order compen-
satory damages pending a final order.’’.
(3) Amend paragraph (2)(B)(ii) by inserting
‘‘and’’ before ‘‘(III)’’ and by striking ‘‘compensatory
damages, and (IV) where appropriate, exemplary
damages’’ and inserting ‘‘and the Secretary may
order such person to provide compensatory damages
to the complainant’’.
(4) Redesignate paragraphs (3), (4), (5), and (6)
as paragraphs (4), (5), (6), and (7), respectively, and
insert after paragraph (2) the following:
‘‘(3)(A) The Secretary shall dismiss a complaint filed
under paragraph (1), and shall not conduct the investiga-
tion required under paragraph (2), unless the complainant
has made a prima facie showing that any behavior de-
scribed in subparagraphs (A) through (C) of paragraph (1)
was a contributing factor in the unfavorable personnel ac-
tion alleged in the complaint.
‘‘(B) Notwithstanding a finding by the Secretary that
the complaint has made the showing required by paragraph
(1)(A), no investigation required under paragraph (2) shall
be conducted if the employer demonstrates, by clear and
convincing evidence, that it would have taken the same un-
favorable personnel action in the absence of such behavior.
‘‘(C) The Secretary may determine that a violation of
paragraph (1) has occurred only if the complainant has
demonstrated that any behavior described in subparagraphs
(A) through (C) of paragraph (1) was a contributing factor
in the unfavorable personnel action alleged in the com-
plaint.
‘‘(D) Relief may not be ordered under paragraph (2)
if the employer demonstrates clear and convincing evidence
that it would have taken the same unfavorable personnel
action in the absence of such behavior.’’.
(5) Add at the end the following:
‘‘(8) This subsection may not be construed to expand,
diminish, or otherwise affect any right otherwise available
to an employee under Federal or State law to reduce the
employee’s discharge or other discriminatory action taken
by the employer against the employee. The provisions of this
subsection shall be prominently posted in any place of em-
ployment to which this subsection applies.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (b) shall apply to claims filed under section 1450(i)
of the Public Health Service Act on or after the date of the
enactment of this Act.
SEC. 23. ADMINISTRATIVE PENALTIES.
Part E is amended by adding at the end the following
new section:
‘‘SEC. 1452. ADMINISTRATIVE PENALTIES.
‘‘(a) IN GENERAL.—The Administrator may assess an
administrative penalty for violations of section 1412, 1415,
1416, or 1442(h). Such a penalty may only be assessed—
‘‘(1) after providing notice (in accordance with
section 1414(a)(1)(A)) of at least 45 days of the Ad-
ministrator’s intention to assess such penalty to the
State exercising primary enforcement responsibility
for public water systems and to the public water sys-
tem in violation of such section, and
‘‘(2) after opportunity for a hearing on the
record in accordance with section 554 of title 5, Unit-
ed States Code.
‘‘(b) PENALTY.—The penalty under subsection (a)
shall be not more than $5,000 per day of violation. The
total penalty under such subsection shall not exceed—
‘‘(1) $50,000 for violation of section 1442(h) (re-
lating to minimum standards for certification of op-
erators and laboratories), or
‘‘(2) $90,000 in the case of violations of sections
1412, 1415, and 1416.
In assessing such penalties, the Administrator shall con-
sider the size of the public water system, the ability of the
system to operate in compliance with this title, the serious-
ness of the violation, the economic impact of such violation,
and history of violations.’’.
SEC. 24. WATER RETURN.
Part E is amended by adding at the end the following:
‘‘SEC. 1453. WATER RETURN.
‘‘Not later than 18 months after the date of the enact-
ment of the Safe Drinking Water Act Amendments of 1994,
the Administrator shall issue, after public notice, guidelines
to assist public water systems in assessing the conditions,
when it is consistent with the requirements and public
health objectives of this title, to return water from the public
water system used for heat pumps and similar devices to
the distribution system of the public water system.’’.
SEC. 25. WATER CONSERVATION PLAN.
Part E is amended by adding at the end the following:
‘‘SEC. 1454. WATER CONSERVATION PLAN.
‘‘(a) GUIDELINES.—Not later than 1 year after the
date of the enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall publish in
the Federal Register guidelines for water conservation plans
for public water systems serving fewer than 3,300 persons,
public water systems serving between 3,300 and 10,000 per-
sons, and public water systems serving more than 10,000
persons, taking into consideration such factors as water
availability and climate.
‘‘(b) SRF LOANS OR GRANTS.—Within 1 year after
publication of the guidelines under subsection (a), a State
exercising primary enforcement responsibility for public
water systems may require a public water system, as a con-
dition of receiving a loan or grant from a State revolving
fund under section 1443(c), to submit with its application
for such loan or grant a water conservation plan consistent
with such guidelines.’’.
SEC. 26. SUBMERSIBLE PUMPS; FITTINGS; AND RESIDEN-
TIAL WATER TREATMENT UNITS.
Part F is amended by adding at the end the following:
‘‘SEC. 1466. SUBMERSIBLE PUMPS.
‘‘(a) IN GENERAL.—(1) Except as provided in sub-
section (b), within 3 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994 the
Administrator shall promulgate regulations containing a
health effects based performance standard establishing
minimal leaching levels of lead from new submersible
pumps reasonably anticipated to be used in domestic water
wells, taking into account marketing and sales information
and other relevant factors. Such standard shall apply to
new pumps manufactured for, or first introduced into,
interstate commerce after the effective date of the regulation
promulgating the standard.
‘‘(2) At a minimum, the standard under this section
shall not allow lead concentration in drinking water to in-
crease by more than 15 parts per billion (ppb) when in
prolonged contact with the pump. Such standard shall be
effective 3 years after the date of its promulgation or at
such earlier time as the Administrator determines that
pumps subject to paragraph (1) can reasonably be antici-
pated to be in compliance with such standards.
‘‘(b) EXCEPTION.—(1) If the Administrator deter-
mines, after notice and opportunity for public comment,
that—
‘‘(A) voluntary standards have been developed
that are at least as protective as the minimum stand-
ard described in subsection (a)(2), and
‘‘(B) pumps subject to paragraph (1) of sub-
section (a) can reasonably be anticipated to be in
compliance with such voluntary standards within 6
years after the date of the enactment of the Safe
Drinking Water Act Amendments of 1994,
the Administrator shall not promulgate regulations estab-
lishing the standard under subsection (a) or, if such regula-
tions have been promulgated, provide that such regulations
shall not take effect or be enforced.
‘‘(2) Within 2 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994, the
Administrator shall determine, after notice and oppor-
tunity for public comment, whether new submersible pumps
which convey drinking water and which contain brass al-
loys containing 0.2 percent lead or more are being manufac-
tured for, or first introduced into, interstate commerce. If
the Administrator determines, at that time, that such
pumps are not being manufactured for, or first introduced
into, interstate commerce, the Administrator shall not pro-
mulgate regulations establishing the standard under sub-
section (a) or make a determination under subsection (b)(1)
or if such regulations have been promulgated, provided that
such regulations shall not take effect or be enforced.
‘‘SEC. 1467. FITTINGS.
‘‘(a) IN GENERAL.—Within 1 year after the date of
the enactment of the Safe Drinking Water Act Amendments
of 1994, the Administrator shall determine if—
‘‘(1) voluntary standards for new plumbing fit-
tings manufactured for or introduced into interstate
commerce which convey drinking water have been de-
veloped that are at least as protective of human health
as the minimum performance standard promulgated
under subsection (b), and
‘‘(2) such fittings can reasonably be anticipated
to comply with such standards within 5 years after
such date of enactment.
‘‘(b) REGULATIONS.—If the Administrator determines
that such voluntary standards for new plumbing fittings
which convey drinking water have not been developed or
that such fittings cannot reasonably be anticipated to com-
ply, within 5 years of such date of enactment, with such
voluntary standards, the Administrator shall, within 2
years after the date of such determination, promulgate regu-
lations setting a health effects based performance standard
establishing minimal leaching levels of lead from such new
plumbing fittings. Such regulation shall take effect 3 years
after the date of such promulgation. Under such regulation,
such fittings shall not cause lead concentration in drinking
water to increase by more than 15 parts per billion when
in prolonged contact with such fitting.
‘‘SEC. 1468. ENFORCEMENT OF SECTIONS 1466 AND 1467.
‘‘(a) IN GENERAL.—Any person who manufactures or
first introduces in interstate commerce any new submersible
pump or new plumbing fitting which violates any require-
ment established by the Administrator by regulation under
section 1466 or 1467, shall be liable to the United States
for a civil penalty in an amount not to exceed $10,000 for
each such violation. To assess such civil penalty, the Ad-
ministrator shall, after notice and opportunity for hearing
on the record in accordance with sections 554 and 556 of
title 5, United States Code, issue an order assessing such
civil penalty.
‘‘(b) ACTIONS.—The Administrator may commence a
civil action to enjoin any violation of section 1466 or 1467
or to assess and recover any civil penalty under subsection
(a). Any such action may be brought in the district court
of the United States for the district in which the violation
is alleged to have occurred or in which the defendant resides
or has the defendant’s principal place of business. Such a
court shall have jurisdiction to issue injunctive relief and
to assess a civil penalty.
‘‘(c) ORDER.—The Administrator may issue an order
to require any person to comply with any requirement of
section 1466 or 1467.
‘‘(d) FUTURE COMPLIANCE.—The Administrator shall
periodically evaluate compliance with the standards under
sections 1466 and 1467.
‘‘SEC. 1469. RESIDENTIAL WATER TREATMENT UNITS.
‘‘(a) FTC INVESTIGATION.—The Federal Trade Com-
mission, in consultation with the Administrator of the En-
vironmental Protection Agency, shall conduct an investiga-
tion, pursuant to the Federal Trade Commission Act, into
the veracity of claims that devices manufactured, sold, or
distributed in interstate commerce for use in single and
multi-family residences will improve the quality of drink-
ing water or eliminate or reduce the level of 1 or more
drinking water contaminants (for which a national pri-
mary drinking water regulation is promulgated under the
Safe Drinking Water Act) and shall take such action pursu-
ant to section 5 of such Act against any person who intro-
duces, delivers for introduction, sells, advertises, or offers
for sale, in interstate commerce, such devices as the Com-
mission deems appropriate to ensure that such claims are
consistent with the requirements of that Act and any appli-
cable decisions and orders of the Commission under section
5 of that Act. The Commission shall, consistent with the
requirements of such Act, report the results of its investiga-
tion and the actions it takes to the Congress within 2 years
after enactment of this Act. The Commission may, from
time to time, issue rules (pursuant to section 553 of title
5 of the United States Code) and any violation of such rules
shall be treated by the Commission as a violation of a rule
under section 18 of the Federal Trade Commission Act (15
U.S.C. 57a) regarding unfair or deceptive acts or practices.
‘‘(b) EPA REPORT.—The Administrator, taking into
account any available results of such study, shall, within
3 years after the date of the enactment of the Safe Drinking
Water Act Amendments of 1994, submit a report to Con-
gress containing recommendations regarding the effective-
ness of such devices, and recommendations for legislation,
to the extent necessary to assure the effectiveness of such
devices in reducing the level of drinking water contami-
nants.’’.
SEC. 27. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 349) is amended—
(1) by striking ‘‘Whenever’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever’’; and
(2) by adding at the end thereof the following
new subsection:
‘‘(b) BOTTLED DRINKING WATER STANDARDS.—(1)
Not later than 180 days after the Administrator of the En-
vironmental Protection Agency promulgates a national pri-
mary drinking water regulation for a contaminant under
section 1412 of the Public Health Service Act (42 U.S.C.
300g–1), the Secretary, after public notice and comment,
shall issue a regulation under this subsection for that con-
taminant in bottled water or make a finding that such a
regulation is not necessary to protect the public health be-
cause the contaminant is contained in water in public
water systems (as defined under section 1401(4) of such Act
(42 U.S.C. 300f(4)) but not in water used for bottled drink-
ing water. In the case of contaminants for which national
primary drinking water regulations were promulgated
under such section 1412 before the date of enactment of the
Safe Drinking Water Act Amendments of 1994, the Sec-
retary shall issue such regulation within 1 year after such
date of enactment.
‘‘(2) A regulation issued by the Secretary as provided
in this subsection shall include any monitoring require-
ments that the Secretary determines appropriate for bottled
water.
‘‘(3) A regulation issued by the Secretary as provided
in this subsection shall require the following:
‘‘(A) In the case of contaminants for which a
maximum contaminant level is established in a na-
tional primary drinking water regulation under sec-
tion 1412 of the Public Health Service Act, the regu-
lation under this subsection shall establish a maxi-
mum contaminant level for the contaminant in bot-
tled water which is at least as stringent as the maxi-
mum contaminant level provided in the national pri-
mary drinking water regulation.
‘‘(B) In the case of contaminants for which a
treatment technique is established in a national pri-
mary drinking water regulation under section 1412 of
the Public Health Service Act, the regulation under
this subsection shall require that bottled water be sub-
ject to requirements no less protective of the public
health than those applicable to water provided by
public water systems using the treatment technique
required by the national primary drinking water reg-
ulation.
‘‘(4)(A) If the Secretary fails to establish a regulation
under this subsection within the 180-day period described
in paragraph (1), the national primary drinking water reg-
ulation referred to in paragraph (1) shall be considered, as
of the date on which the Secretary is required to establish
a regulation under paragraph (1), as the regulation appli-
cable under this subsection to bottled water.
‘‘(B) Not later than 30 days after the end of the 180-
day period, or the 1-year period if applicable, described in
paragraph (1), the Secretary shall, with respect to a na-
tional primary drinking water regulation that is considered
applicable to bottled water as provided in subparagraph
(A), publish a notice in the Federal Register that—
‘‘(i) sets forth the requirements of the national
primary drinking water regulation, including mon-
itoring requirements, which shall be applicable to bot-
tled water, and
‘‘(ii) provides that such requirements shall take
effect on the date on which the national primary
drinking water regulation for the contaminant takes
effect under section 1412 of the Public Health Service
Act (or in the case of national primary drinking
water regulations promulgated before the enactment of
the Safe Drinking Water Act Amendments of 1994, on
the date 18 months after the enactment of such Act).’’.
SEC. 28. ARSENIC.
(a) STUDY.—Subject to availability of appropriations,
the Administrator of the Environmental Protection Agency
shall enter into an agreement with the National Academy
of Sciences to conduct a comprehensive study of the human
health effects of arsenic (which is subject to regulation as
a contaminant under the Safe Drinking Water Act), taking
into consideration the fact that arsenic occurs naturally.
Such study shall be completed within 2 years of the date
the agreement is entered into. A report shall be transmitted
to the Administrator of the Environmental Protection Agen-
cy for purposes of subsection (b).
(b) REGULATION.—
(1) PROPOSED REGULATION.—Not later than De-
cember 31, 1996, the Administrator of the Environ-
mental Protection Agency shall propose a national
primary drinking water regulation for arsenic. If the
study under subsection (a) is begun before May 31,
1996, the Administrator may not, except as provided
in paragraph (2), promulgate such regulation until
the National Academy of Sciences has issued a report
under such subsection. When the National Academy of
Sciences issues such report, the Administrator shall
reopen the comment period on the proposed regulation
for 60 days.
(2) REGULATION.—The Administrator shall pro-
mulgate a national primary drinking water regula-
tion for arsenic not later than December 31, 1999, ex-
cept that the Administrator may extend such date for
1 year if the Administrator has issued a new pro-
posed regulation for arsenic. The Administrator may
promulgate such regulation prior to such date if the
Administrator finds that arsenic in drinking water is
associated 
with 
an 
imminent 
and 
substantial
endangerment to the health of persons and publishes
such determination in the Federal Register.
(3) STANDARD
SETTING
PROCESS.—In issuing
the national primary drinking water regulation for
arsenic, the Administrator may promulgate a na-
tional primary drinking water regulation pursuant
to section 1412(b)(5)(A) and (B) of the Safe Drinking
Water Act.
SEC. 29. DEFINITIONS.
(a) PIPED WATER.—Section 1401 is amended by add-
ing at the end the following:
‘‘(15) The term ‘piped water’ means, in addition
to water carried in pipes, water carried in culverts,
canals, or similar conveyances. Such term does not
include irrigation water provided to incidental non-
agricultural users if the Administrator or State (in
the case of a State exercising primary enforcement re-
sponsibility for public water systems) determines that
alternative drinking water to achieve the equivalent
level of health protection provided by the applicable
national primary drinking water regulations is pro-
vided for drinking, cooking, and bathing, or where the
Administrator or State (in the case of a State exercis-
ing primary enforcement responsibility for public
water systems) determines that the water provided for
drinking, cooking, and bathing is treated by the pro-
vider of such irrigation water, or a pass-through en-
tity providing water for drinking, cooking, and bath-
ing, to achieve the equivalent level of health protection
provided by the applicable national primary drinking
water regulations. This paragraph shall not be con-
strued to affect the meaning of the term ‘human con-
sumption’ as used in any other provision of this title.
As used in this paragraph, the term ‘conveyance’ does
not include rivers, streams, lakes, or ponds. Nothing
in this paragraph shall create new or additional re-
quirements for public water system.’’.
(b) ALTERNATIVE QUALITY CONTROL AND TESTING
PROCEDURES.—Section 1401(1)(D) is amended by adding
the following at the end thereof: ‘‘At any time after promul-
gation of a regulation referred to in this paragraph, the
Administrator may add equally effective quality control
and testing procedures by guidance published in the Federal
Register. Such procedures shall be treated as an alternative
for public water systems to the quality control and testing
procedures listed in the regulation.’’.
SEC. 30. REPORTS ON ENVIRONMENTAL PROTECTION
AGENCY ADMINISTERED PROGRAMS.
For States and Indian Tribes in which the Adminis-
trator of the Environmental Protection Agency has revoked
primary enforcement responsibility under part B of title
XIV of the Public Health Service Act (the Safe Drinking
Water Act) or is otherwise administering such title, the Ad-
ministrator shall provide every 2 years, a report to Con-
gress on the implementation by the Administrator of all ap-
plicable requirements of that title in such States.
SEC. 31. GENERAL AUTHORIZATION.
(a) IN GENERAL.—Part A is amended by adding the
following new section after section 1401:
‘‘SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this title
for the first 8 fiscal years following the enactment of the
Safe Drinking Water Act Amendments of 1994.’’.
(b) CONFORMING AMENDMENTS.—The heading for
part A is amended to read as follows:
‘‘PART A—GENERAL PROVISIONS’’.
SEC. 32. CLERICAL AMENDMENT.
Section 1421(b)(3)(B)(i) is amended by striking
‘‘number or States’’ and inserting ‘‘number of States’’.
HR 3392 RH—2
HR 3392 RH—3
HR 3392 RH—4
HR 3392 RH—5
HR 3392 RH—6
HR 3392 RH—7