I
103D CONGRESS
2D SESSION
H. R. 3392
To amend the Safe Drinking Water Act to assure the safety of public
water systems.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 27, 1993
Mr. SLATTERY (for himself, Mr. BLILEY, Mr. ROWLAND, Mr. HALL of Texas,
Mr. COOPER, Mr. PAXON, Mr. UPTON, Mr. LEHMAN, Mr. TAUZIN, Mr.
POMEROY, Mr. BEREUTER, Mr. CANADY, Mr. WILLIAMS, Mr. FRANK of
Massachusetts, Mr. BARRETT of Nebraska, Mr. BARLOW, Mr. MCHUGH,
Mr. SWETT, Mrs. VUCANOVICH, Mr. JEFFERSON, Mr. HUNTER, Mr.
GRANDY, and Mr. WALSH) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce
JANUARY 26, 1994
Additional sponsors: Mr. SMITH of Iowa, Mr. YATES, Mr. HOEKSTRA, Mr.
HALL of Ohio, Mr. FORD of Tennessee, Mrs. FOWLER, Mr. PICKETT, Mr.
LANCASTER, Mr. PETERSON of Minnesota, Mr. HANSEN, Mr. COMBEST,
Mr. CLEMENT, Mr. EWING, Mr. RICHARDSON, Mr. ROMERO-BARCELO´,
Mr. BISHOP, Mr. EMERSON, Mr. DARDEN, Mr. MONTGOMERY, Mr.
CAMP, Mr. GILLMOR, Ms. DANNER, Mr. PARKER, Mr. BLUTE, Mr.
BALLENGER, Mr. VOLKMER, Mr. LIGHTFOOT, Mr. NUSSLE, Mr. CONDIT,
Mr. KYL, Mr. MCCURDY, Mr. STEARNS, Mr. SARPALIUS, Mr. JOHNSON
of Georgia, Mr. COLEMAN, Mr. STENHOLM, Mr. THOMAS of Wyoming,
Mr. PETE GEREN of Texas, Mr. TAYLOR of Mississippi, Mr. SKEEN, Mr.
BARTLETT of Maryland, Mr. DOOLITTLE, Mr. STUMP, Mr. KIM, Mr.
COX, Mr. DREIER, Mr. YOUNG of Alaska, Mr. MCCOLLUM, Mr. HUTTO,
Mr. MINGE, Mr. SMITH of Texas, Mr. LAUGHLIN, Mr. WILSON, Mr. REG-
ULA, Mr. SOLOMON, Mr. EVERETT, Mr. SPENCE, Mr. LAROCCO, Mr.
PETRI, Mr. POSHARD, Mr. LEWIS of California, Mr. LEVY, Mr. SMITH
of Michigan, Mr. ALLARD, Mr. DUNCAN, Mr. MICA, Mr. COBLE, Mr.
MCINNIS, and Mr. SISISKY
A BILL
To amend the Safe Drinking Water Act to assure the safety
of public water systems.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe Drinking Water
Act Amendments of 1993’’.
SEC. 2. GOAL.
Title XIV of the Public Health Service Act (the Safe
Drinking Water Act) is amended by inserting the following
before section 1401:
‘‘SEC. 1400. GOAL.
‘‘It is the goal of this Act to ensure the quality and
safety of drinking water provided to the public by public
water systems, and to protect the public health from the
threat of disease caused by water-borne contaminants.’’.
SEC. 3. DEFINITIONS.
Section 1402 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended as
follows:
(1) Amend paragraph (1) to read as follows:
‘‘(1) The term ‘primary drinking water regulation’
means a regulation which—
‘‘(A) applies to public water systems;
‘‘(B) specifies one or more contaminants sub-
ject to regulation under section 1412;
‘‘(C) specifies for each such contaminant ei-
ther—
‘‘(i) a maximum contaminant level, or
‘‘(ii) a treatment technique; and
‘‘(D) contains criteria and procedures to assure
a supply of drinking water which dependably com-
plies with such maximum contaminant levels or
treatment technique; including quality control and
testing procedures to ensure compliance with such
levels or treatment technique and to ensure proper
operation and maintenance of the system, and re-
quirements as to (i) the minimum quality of water
which may be taken into the system, and (ii) siting
for new facilities for public water systems.’’.
(2) Amend paragraph (4) by striking the sec-
ond sentence and inserting: ‘‘Such term includes (A)
any collection, treatment, storage, and distribution
facilities under the ownership of such system and
used primarily in connection with such system, and
(B) any collection or pretreatment storage facilities
not under such ownership which are used primarily
in connection with such system.’’.
(3) Amend paragraph (6) by inserting before
the period the following: ‘‘which is of public health
or welfare concern.’’.
(4) Add the following at the end thereof:
‘‘(15) The term ‘risk reduction benefits and
costs’ means the public health benefit achieved by
changing the level of a contaminant from one level
to another, taking cost into consideration.’’.
SEC. 5. NATIONAL DRINKING WATER REGULATIONS.
Section 1412 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended as
follows:
(1) Amend the second sentence of subsection
(a)(1) to read as follows: ‘‘No such regulation shall
be required to comply with the standards set forth
in subsection (b)(3) unless such regulation is amend-
ed to establish a different maximum contaminant
level (or treatment technique) after the enactment of
the Safe Drinking Water Act Amendments of
1993.’’.
(2) In paragraph (3) strike ‘‘, (2), or (3)’’ and
insert ‘‘or (2)’’.
(3) Amend subsection (b) to read as follows:
‘‘(b)(1) In the case of those contaminants listed in
the Advance Notice of Proposed Rulemaking published in
volume 47, Federal Register, page 9352, and in volume
48, Federal Register, page 45502, for which national pri-
mary drinking water regulations have not been promul-
gated as of the date of enactment of the Safe Drinking
Water Act Amendments of 1993, the Administrator
shall—
‘‘(A) publish maximum contaminant level goals
and promulgate a national primary drinking water
regulation in accordance with paragraph (3) for
those contaminants which he finds, based on data
available under section 1445, occur in drinking
water and are of public health concern, and
‘‘(B) not later than 18 months after enactment
of the Safe Drinking Water Act Amendments of
1993, eliminate monitoring, compliance and enforce-
ment requirements for those contaminants which the
Administrator finds, based on such data, do not
occur in drinking water at levels of public health
concern.
‘‘(2) Not later than 36 months after enactment of
the Safe Drinking Water Act Amendments of 1993, and
every 5 years thereafter, the Administrator shall promul-
gate maximum contaminant level goals and national pri-
mary drinking water regulations for new contaminants se-
lected in accordance with this paragraph. The Adminis-
trator shall review the national drinking water occurrence
data base maintained under section 1445. After notice and
opportunity for public comment, the Administrator shall
assess all occurrence and public health information avail-
able with respect to each. Based on such assessment, the
Administrator shall determine with respect to each con-
taminant listed under section 1445 based upon occurrence
and public health concern whether promulgation of a na-
tional primary drinking water regulation is or is not ap-
propriate, or whether additional health effects or occur-
rence information is necessary before a determination can
be made. For those contaminants the Administrator
makes a determination that a national primary drinking
water regulation is not appropriate, the Administrator
shall also make a determination on continuation of mon-
itoring under section 1445.
‘‘(3) Each maximum contaminant level goal estab-
lished under this subsection shall be set at the level at
which no known or anticipated adverse effects on the
health of persons occur and which allows an adequate
margin of safety. Each national primary drinking water
regulation for a contaminant for which a maximum con-
taminant level goal is established under this subsection
shall specify a maximum level for such contaminant which
is achievable by public water systems with the use of the
best technology, treatment techniques and other means,
taking public health risk reduction benefits and cost into
consideration, which the Administrator finds are available,
after examination for efficacy under field conditions, and
not solely under laboratory conditions. In addition, the Ad-
ministrator shall establish in each national primary drink-
ing water regulation best technology treatment techniques
for public water systems serving less than 1,000 people,
best technology treatment techniques for public water sys-
tems serving between 1,000 and 10,000 people, and best
technology treatment techniques for public water systems
serving more than 10,000 people. In addition to tech-
nology, watershed protection and pollution prevention
shall be considered appropriate best technology for pur-
poses of compliance with national primary drinking water
regulations.
‘‘(4) Notwithstanding the provisions of paragraph
(3), the Administrator shall promulgate national primary
drinking water regulations for radionuclides, disinfection
byproducts, sulfate, and corrosion byproducts which will
be protective of public health and take into account—
‘‘(A) the health benefits to be achieved by re-
ducing the level of such contaminants in drinking
water relative to reducing the level of such contami-
nants in other media;
‘‘(B) the availability of technology—
‘‘(i) that is effective in removing or other-
wise treating such contaminants under field
conditions reflecting a representative range of
water qualities (and not just under laboratory
conditions), and
‘‘(ii) which does not cause significant ad-
verse impacts on—
‘‘(I) other elements of drinking water
quality,
‘‘(II) other environmental media, in-
cluding impacts related to disposal of
treatment residuals, or
‘‘(III) the efficacy of other drinking
water treatment or processes; and
‘‘(C) the costs to consumers of such regulation.
‘‘(5) Each national primary drinking water regulation
which establishes a maximum contaminant level shall list
the technology, treatment techniques, and compliance
timeframes and other means which the Administrator
finds to be available for purposes of meeting such maxi-
mum contaminant level, but a regulation under this sub-
section shall not require that any specified technology,
treatment technique, or other means be used for purposes
of meeting such maximum contaminant level.
‘‘(6)(A) The Administrator is authorized to promul-
gate a national primary drinking water regulation that re-
quires the use of a treatment technique in lieu of establish-
ing a maximum contaminant level, if the Administrator
makes a finding that it is not economically or techno-
logically feasible to ascertain the level of the contaminant.
In such case, the Administrator shall identify those treat-
ment techniques which will be protective of public health
and which take into account the factors specified in para-
graphs (3) and (4) of this subsection as appropriate. Such
regulation shall specify each treatment technique known
to the Administrator which meets the requirements of this
paragraph, but the Administrator may grant a variance
from any specified treatment technique in accordance with
section 1415(a)(3).
‘‘(B)(i) Not later than 18 months after the enactment
of the Safe Drinking Water Act Amendments of 1986, the
Administrator shall propose and promulgate national pri-
mary drinking water regulations specifying criteria under
which filtration (including coagulation and sedimentation,
as appropriate) is required as a treatment technique for
public water systems supplied by surface water sources.
In promulgating such rules, the Administrator shall con-
sider the quality of source waters, protection afforded by
watershed management, treatment practices (such as dis-
infection and length of water storage) and other factors
relevant to protection of health.
‘‘(ii) In lieu of the provisions of section 1415 the Ad-
ministrator shall specify procedures by which the State de-
termines which public water systems within its jurisdiction
shall adopt filtration under the criteria of clause (i). The
State may require the public water system to provide stud-
ies or other information to assist in this determination.
The procedures shall provide notice and opportunity for
public hearing on this determination. If the State deter-
mines that filtration is required, the State shall prescribe
a schedule for compliance by the public water system with
the filtration requirement. The schedule shall take into ac-
count the time which is reasonably necessary for the public
water system to plan, design, finance, and construct filtra-
tion facilities and adjust operating practices necessary to
achieve compliance with the filtration requirement.
‘‘(iii) Within 24 months from the time that the Ad-
ministrator establishes the criteria and procedures under
this subparagraph, a State with primary enforcement re-
sponsibility shall adopt any necessary regulations to imple-
ment this subparagraph. Within 12 months of adoption
of such regulations the State shall make determinations
regarding filtration for all the public water systems within
its jurisdiction supplied by surface waters.
‘‘(iv) If a State does not have primary enforcement
responsibility for public water systems, the Administrator
shall have the same authority to make the determination
in clause (ii) in such State as the State would have under
that clause. Any filtration requirement or schedule under
this subparagraph shall be treated as if it were a require-
ment of a national primary drinking water regulation.
‘‘(7) Not later than 48 months after the enactment
of the Safe Drinking Water Act Amendments of 1993, the
Administrator shall propose and promulgate national pri-
mary drinking water regulations requiring disinfection as
a treatment technique for all public water systems. The
Administrator shall simultaneously promulgate a rule
specifying criteria that will be used by the Administrator
(or delegated State authorities) to grant variances from
this requirement according to the provisions of section
1415(a)(1)(B) and 1415(a)(3). In implementing section
1442(g) the Administrator or the delegated State author-
ity shall, where appropriate, give special consideration to
providing technical assistance to small public water sys-
tems in complying with the regulations promulgated under
this paragraph.
‘‘(8)(A) National primary drinking water regulations
promulgated prior to the Safe Drinking Water Act
Amendments of 1993 shall be reviewed not later than 30
months after enactment of such amendments. If the Ad-
ministrator determines, based on data available under sec-
tion 1445, that any contaminant subject to regulation does
not occur in public water systems at levels of public health
concern, he shall eliminate monitoring, compliance and en-
forcement requirements from such contaminant regula-
tion. Such regulations shall also be reviewed not later than
5 years after enactments of such amendments, and if the
Administrator determines that a regulation is not consist-
ent with the factors specified in paragraph (3) or (4) of
this subsection as appropriate, he shall promulgate a re-
vised regulation in accordance with such factors.
‘‘(B) Each national primary drinking water regula-
tion promulgated after the enactment of the Safe Drinking
Water Act Amendments of 1993 shall include a schedule
for periodic review of such regulation. Such reviews shall
include an analysis of new health effects and occurrence
data, and innovations or changes in technology, treatment
techniques or other activities that have become available
since the promulgation of such regulation. If the Adminis-
trator determines that the contaminant subject to regula-
tion no longer occurs in drinking water at levels of public
health concern, the Administrator shall eliminate monitor-
ing, compliance and enforcement requirements from such
contaminant regulation, and if he determines that the reg-
ulation is not consistent with the factors specified in para-
graph (3) or (4) of this subsection as appropriate, the
Administrator shall promulgate a revised regulation in ac-
cordance with such factors.
‘‘(9) National primary drinking water regulations
promulgated under this subsection (and amendments
thereto) shall take effect in accordance with schedules pro-
mulgated by the Administrator in each such regulation ex-
cept such schedule including monitoring requirements
shall not be less than 24 months. Such schedules shall
take into account the time which is reasonably necessary
for public water systems to plan, design, finance, and con-
struct treatment facilities and adjust operating practices
necessary to achieve compliance with the regulation. Regu-
lations under subsection (a) shall be superseded by regula-
tions under this subsection to the extent provided by the
regulations under this subsection.
‘‘(10) No national primary drinking water regulation
may require the addition of any substance for preventive
health care purposes unrelated to contamination of drink-
ing water.’’.
(4) Amend the second sentence of subsection
(e) to read as follows: ‘‘The Board shall respond, as
it deems appropriate, and the Administrator shall
publish the findings and recommendations of the
Board, if any, as part of the notice of proposed rule-
making.’’.
(5) Add the following at the end thereof:
‘‘(f) NEGOTIATED
RULEMAKING.—The Adminis-
trator may utilize negotiated rulemaking procedures found
in the Negotiated Rulemaking Act (5 U.S.C. 581–590)
whenever he determines it will facilitate the promulgation
of regulations required by this section.’’.
SEC. 4. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
Section 1413 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended as
follows:
(1) Amend paragraph (1) of subsection (a) to
read as follows:
‘‘(1) has adopted within 24 months of promul-
gation by the Administrator, drinking water regula-
tions which are no less stringent than the national
primary drinking water regulations promulgated by
the Administrator under sections 1412(a) and
1412(b);’’.
(2) Amend paragraph (4) of subsection (a) to
read as follows:
‘‘(4) If it permits variances from the require-
ments of its drinking water regulations which meet
the requirements of paragraph (1), permits such
variances under conditions and in a matter which is
not less stringent than the conditions under, and the
manner in, which variances may be granted under
section 1415; and’’.
SEC. 6. ENFORCEMENT OF DRINKING WATER REGULA-
TIONS.
Section 1414 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended as
follows:
(1) Strike ‘‘or an exemption under 1416’’ in
each place it appears.
(2) Strike ‘‘or an exemption under section
1416(f) in each place it appears.
(3) In subsection (b) strike ‘‘or exemption’’ and
strike ‘‘or 1416’’.
(4) Amend so much of subsection (c) as follows
paragraph (1) to read as follows:
‘‘(2) if the public water system is subject to a
variance granted under section 1415(a)(1)(A) or
1415(a)(2) for an inability to meet a maximum con-
taminant level requirement—
‘‘(A) the existence of such variance, and
‘‘(B) any failure to comply with the re-
quirements of any schedule prescribed pursuant
to the variance.
The Administrator shall by regulation prescribe the fre-
quency for giving notice under this subsection. Within 15
months after the enactment of the Safe Drinking Water
Act Amendments of 1993, the Administrator shall amend
such regulations to provide for different types and fre-
quencies of notice based on the seriousness of any poten-
tial adverse health effects which may be involved. Notice
of any violation designated by the Administrator as posing
a serious potential adverse health effect shall be given as
soon as possible, but in no case later than 14 days after
the violation. Notice of violations judged to be less serious
shall be given no less frequently than annually. The Ad-
ministrator shall provide guidance as to the form, manner
and content of notice to be used to provide information
as promptly and effectively as possible taking into account
both the seriousness of any potential adverse health effects
and the likelihood of reaching all affected persons. States,
in consultation with public water systems, shall determine
the actual form, manner, and content of such notices. The
Administrator may also require the owner or operator of
a public water system to give notice to the persons served
by it of contaminant levels of any unregulated contami-
nant required to be monitored under section 1445(a). Any
person who violates this subsection or regulations issued
under this subsection shall be subject to a civil penalty
of not to exceed $25,000.’’.
(5) In subsection (f)(2) strike ‘‘or exemption’’.
SEC. 7. VARIANCES.
Section 1415 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended to read
as follows:
‘‘SEC. 1415. VARIANCES.
‘‘Notwithstanding any other provision of this part,
variances from national primary drinking water regula-
tions may be granted as follows:
‘‘(1) A State which has primary enforcement
responsibility for public water systems may grant
one or more variances from an applicable national
primary drinking water regulation to one or more
public water systems within its jurisdiction.
‘‘(2) A variance may only be issued if the State
has determined that the water system cannot afford
to install the BAT or other technology that has been
identified by the Administrator as appropriate for
the system size category to meet the maximum con-
taminant level, and if it is not feasible for the water
system to connect with another source of water that
will meet the standards. If the State determines that
a water system is unable to comply with a des-
ignated BAT, the system will be required to comply
with a best available affordable technology (BAAT)
as designed by the Environmental Protection Agen-
cy. Such measures may include, but not be limited
to, requirements for public education and notifica-
tion, and use of alternative technologies that, while
they cannot bring the contaminant level below the
maximum contaminant level, will not result in an
unreasonable risk to health.
‘‘(3) After a variance is issued, it shall be re-
viewed by the State every 3 years to determine if the
conditions for granting the variance still exist. It
shall be the responsibility of the water system to
provide documentation to the State indicating that
current BAT for the system size is still unaffordable
and the system is still unable to connect with an-
other source of water that meets the standards.
‘‘(4) Before a determination to grant a variance
is made by the State, the State shall provide notice
and opportunity for a public hearing on the deter-
mination. Each State that grants a variance shall
promptly notify the Administrator of the granting of
such variance. Such notification shall include the
reasons for the variance and the documentation used
to grant the variance.
‘‘(5) The Administrator, in consultation with
the States shall develop affordability guidance within
18 months of enactment of the Safe Drinking Water
Act Amendments of 1993. Such affordability criteria
will be reviewed by the Administrator and States
every 5 years to determine if changes are needed to
the criteria.’’.
SEC. 8. EXEMPTIONS.
Section 1416 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is repealed.
SEC. 9. RETURN OF WATER.
Title XIV of the Public Health Service Act (the Safe
Drinking Water Act) is amended by adding the following
after section 1417:
‘‘SEC. 1418. PROHIBITION ON THE RETURN OF WATER TO
PUBLIC WATER SYSTEMS.
‘‘(a) IN GENERAL.—
‘‘(1) PROHIBITION.—Other provisions of law
notwithstanding, except as provided in paragraph
(2), no treated drinking water may be removed from
a public water system used for any purpose or rout-
ed through any device or pipes outside the public
water system, and returned to the public water
system.
‘‘(2) EXCEPTIONS.—The prohibition in para-
graph (1) shall not apply to pipes and devices totally
within the control of one or more public water sys-
tems or to connections between water mains.
‘‘(b) STATE ENFORCEMENT.—The requirements of
subsection (a) shall be enforced in all States effective 24
months after enactment of this section. States shall en-
force such requirements through State or local plumbing
codes, or such other means of enforcement as the State
may determine to be appropriate.’’.
SEC. 10. TAMPERING.
Section 1432 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended by
striking subsection (d) and inserting:
‘‘(d) DEFINITION OF TAMPER.—For purposes of this
section, the term ‘tamper’ means—
‘‘(1) to introduce a contaminant into a public
water system with the intention of harming persons;
‘‘(2) to otherwise interfere with the operation of
a public water system with the intention of harming
persons; or
‘‘(3) to inject water that has gone out of a pub-
lic water system, back into such system in violation
of section 1418.’’.
SEC. 11. RESEARCH, TECHNICAL ASSISTANCE, INFORMA-
TION, AND TRAINING OF PERSONNEL.
Section 1442 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended as
follows:
(1) In subsection (a)(1) strike ‘‘may’’ and in-
sert ‘‘shall’’.
(2) Before the period at the end of subsection
(a)(2) insert: ‘‘and for other purposes, including
‘‘(i) the development and dissemination of
advisory measures to protect against contami-
nants which have not been found to occur in
drinking water at levels of public health con-
cern;
‘‘(ii) assistance in achieving compliance
with the public notification requirements of sec-
tion 1414(c), and
‘‘(iii) the development and dissemination of
minimum guidance for the certification of lab-
oratories that perform drinking water analyses,
and for the certification of individuals who op-
erate public water systems, for use by the
States in ensuring the validity of monitoring re-
ports by regulations issued under section 1445,
and the competence of system operators.’’.
(3) Amend subsection (f) to read as follows:
‘‘(f)(1) There are authorized to be appropriated to
carry out the provisions of this section, other than sub-
sections (a)(1) and (a)(2)(B) and provisions relating to
research, $15,000,000 for the fiscal year ending June 30,
1975; $25,000,000 for the fiscal year ending June 30,
1976; $35,000,000 for the fiscal year ending June 30,
1977, $17,000,000 for each of the fiscal years 1978 and
1979; $21,405,000 for the fiscal year ending September
30, 1980; $30,000,000 for the fiscal year ending Septem-
ber 30, 1981, $35,000,000 for the fiscal year ending Sep-
tember 30, 1982.
‘‘(2) There are authorized to be appropriated to carry
out the provisions of subsection (a)(1) not more than the
following amounts:
‘‘Fiscal Year
Amount
1994 ......................................................................................... $20,000,000
1995 .........................................................................................
20,000,000
1996 .........................................................................................
20,000,000
1997 .........................................................................................
20,000,000
1998 .........................................................................................
20,000,000.
‘‘(3) There are authorized to be appropriated to carry
out subsection (a)(2)(B) $8,000,000 for each of the fiscal
years 1978 through 1982. There are authorized to be ap-
propriated to carry out subsection (a)(2)(B) not more
than the following amounts:
‘‘Fiscal Year
Amount
1987 .........................................................................................
$7,650,000
1988 .........................................................................................
7,650,000
1989 .........................................................................................
8,050,000
1990 .........................................................................................
8,050,000
1991 .........................................................................................
8,050,000.
‘‘(4) There are authorized to be appropriated to carry
out the provisions of this section (other than subsection
(g), subsection (a)(1), subsection (a)(2)(B), and provisions
relating to research), not more than the following
amounts:
‘‘Fiscal Year
Amount
1987 ..................................................................................
$35,600,000
1988 ..................................................................................
35,600,000
1989 ..................................................................................
38,020,000
1990 ..................................................................................
38,020,000
1991 ..................................................................................
38,020,000.’’.
SEC. 12. GRANTS FOR STATE PROGRAMS.
Section 1443 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended as fol-
lows:
(1) Amend the table in subsection (a)(7) to
read as follows:
‘‘Fiscal Year
Amount
1987 ..................................................................................
$37,200,000
1988 ..................................................................................
37,200,000
1989 ..................................................................................
40,150,000
1990 ..................................................................................
40,150,000
1991 ..................................................................................
40,150,000
1994 ..................................................................................
100,000,000
1995 ..................................................................................
125,000,000
1996 ..................................................................................
150,000,000
1997 ..................................................................................
150,000,000
1998 ..................................................................................
150,000,000.’’.
(2) Amend paragraph (1) of subsection (c) by
striking ‘‘and exemptions’’ in both places it appears
and by striking ‘‘and 1416’’.
SEC. 13. RECORDS, OCCURRENCE DATA, AND INSPECTIONS.
Section 1445 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended to read
as follows:
‘‘SEC. 1445. RECORDS, OCCURRENCE DATA, AND INSPEC-
TIONS.
‘‘(a) IN GENERAL.—(1) Every person who is a sup-
plier of water, who is or may be otherwise subject to a
primary drinking water regulation prescribed under sec-
tion 1412 or to an applicable underground injection con-
trol program (as defined in section 1422(c)), who is or
may be subject to the permit requirement of section 1424
or to an order issued under section 1441, or who is a
grantee, shall establish and maintain such records, make
such reports, conduct such monitoring, and provide such
information as the Administrator may reasonably require
by regulation to assist him in establishing regulations
under this title, in determining whether such person has
acted or is acting in compliance with this title, in admin-
istering any program of financial assistance under this
title, in evaluating the health risks of unregulated con-
taminant, or in advising the public of such risks. In requir-
ing a public water system to monitor under this sub-
section, the Administrator may take into consideration the
system size and the contaminants likely to be found in
the system’s drinking water. Compliance monitoring regu-
lations promulgated under this paragraph shall permit the
States with primary enforcement responsibility under sec-
tion 1413 to tailor monitoring requirements for any indi-
vidual public water system, or class of systems, based on
occurrence data and other information concerning such
system or class which is available to the State.
‘‘(2) Not later than 18 months after enactment of
the Safe Drinking Water Act Amendments of 1993, the
Administrator shall promulgate regulations specifying a
monitoring program for unregulated contaminants. The
regulations shall require monitoring of drinking water sup-
plied by the system and shall vary the frequency and
schedule of monitoring requirements for systems based on
the number of persons served by the system, the source
of supply, and the contaminants likely to be found. Each
system required to monitor shall conduct such monitoring
at least once every 5 years after the effective date of the
Administrator’s regulations unless the Administrator re-
quires more frequent monitoring.
‘‘(3) Not later than 18 months after enactment of
the Safe Drinking Water Act Amendments of 1993 and
every 5 years thereafter, the Administrator shall promul-
gate revised regulations under paragraph (2) listing not
more than 30 unregulated contaminants to be monitored
by public water systems and included in the national
drinking water occurrence data base maintained pursuant
to subsection (b) of this section. Public water system serv-
ing 10,000 or more people shall monitor for all listed con-
taminants. In addition, each State shall develop a rep-
resentative monitoring plan to assess the occurrence of un-
regulated contaminants in systems serving fewer than
10,000 people, which plan shall require monitoring by sys-
tems representatives of different sizes, types and geo-
graphic locations within the State. Environmental Protec-
tion Agency shall make available to the States, on request,
laboratory capacity to analyze samples taken pursuant to
the plan.
‘‘(4) Public water systems conducting monitoring of
unregulated contaminants pursuant to this section shall
provide the results of such monitoring to the primary en-
forcement authority.
‘‘(5) Notification of the availability of the results of
the monitoring programs required under paragraph (2),
and notification of the availability of the results of the
monitoring program referred to in paragraph (6), shall be
given to the persons served by the system and the Admin-
istrator.
‘‘(6) The Administrator may waive the monitoring re-
quirement under paragraph (2) for a system which has
conducted a monitoring program after January 1, 1983,
if the Administrator determines the program to have been
consistent with the regulations promulgated under this
section.
‘‘(7) Any system supplying less than 150 service con-
nections shall be treated as complying with this subsection
if such system provides water samples or the opportunity
for sampling according to rules established by the Admin-
istrator.
‘‘(8) There are authorized to be appropriated
$30,000,000 in the fiscal year ending September 30,
1987, to remain available until expended to carry out the
provisions of this subsection.
‘‘(b) OCCURRENCE DATA BASE.—Not later than 24
months after enactment of the Safe Drinking Water Act
Amendments of 1993, the Administrator shall assemble
and maintain a national drinking water occurrence data
base, using information on the occurrence of both regu-
lated and unregulated contaminants in public water supply
systems obtained under subsection (a) of this section, and
information from other public and private sources. Such
data shall be used by the Administrator in making any
determination under section 1412 with respect to the oc-
currence of any contaminant in drinking water at levels
of public health concern. The Administrator shall periodi-
cally solicit recommendation from the National Academy
of Sciences and any person may petition the Administrator
with respect to contaminants that should be included in
the national drinking water occurrence data base, includ-
ing recommendations with respect to additional unregu-
lated contaminants which should be listed in regulations
promulgated under paragraph (3) of subsection (a) of this
section.
‘‘(c) ENTRY AND INSPECTION.—(1) Except as pro-
vided in paragraph (2), the Administrator, or a represent-
ative of the Administrator duly designated by him, upon
presenting appropriate credentials and a written notice to
any supplier of water or other person subject to (A) a na-
tional primary drinking water regulation prescribed under
section 1412, (B) and applicable underground injection
control program, or (C) any requirement to monitor an
unregulated contaminant pursuant to subsection (a), or
person in charge of any of the property of such supplier
or other person referred to in clause (A), (B), or (C), is
authorized to enter any establishment, facility, or other
property of such supplier or other person in order to deter-
mine whether such supplier or other person has acted or
is acting in compliance with this title, including for this
purpose, inspection, at reasonable times, of records, files,
papers, processes, controls, and facilities, or in order to
test any feature of a public water system, including its
raw water source. The Administrator or the Comptroller
General (or any representative designated by either) shall
have access for the purpose or audit and examination to
any records, reports, or information of a grantee which
are required to be maintained under subsection (a) or
which are pertinent to any financial assistance under this
title.
‘‘(2) No entry may be made under the first sentence
of paragraph (1) in an establishment, facility, or other
property of a supplier of water or other person subject
to a national primary drinking water regulation if the es-
tablishment, facility, or other property is located in a State
which has primary enforcement responsibility for public
water systems unless, before written notice of such entry
is made, the Administrator (or his representative) notifies
the State agency charged with responsibility for safe
drinking water of the reasons for such entry. The Admin-
istrator shall, upon a showing by the State agency that
such an entry will be detrimental to the administration
of the State’s program of primary enforcement respon-
sibility, take such showing into consideration in determin-
ing whether to make such entry. No State agency which
receives notice under this paragraph of an entry proposed
to be made under paragraph (1) may use the information
contained in the notice to inform the person whose prop-
erty is proposed to be entered of the proposed entry; and
if a State agency so uses such information, notice to the
agency under this paragraph is not required until such
time as the Administrator determines the agency has pro-
vided the Administrator with satisfactory assurances that
it will no longer so use information contained in a notice
under this paragraph.
‘‘(d) PENALTY.—Whoever fails or refuses to comply
with any requirement of subsection (a) or to allow the Ad-
ministrator, the Comptroller General, or representatives of
either, to enter and conduct any audit or inspection au-
thorized by subsection (b) shall be subject to a civil pen-
alty of not to exceed $25,000.
‘‘(e) TRADE SECRETS.—(1) Subject to paragraph
(2), upon a showing satisfactory to the Administrator by
any person that any information required under this sec-
tion from such person, if made public, would divulge trade
secrets or secret processes of such person, the Adminis-
trator shall consider such information confidential in ac-
cordance with the purposes of section 1905 of title 18,
of the United States Code. If the applicant fails to make
a showing satisfactory to the Administrator, the Adminis-
trator shall give such applicant 30 days notice before re-
leasing the information to which the application relates
(unless the public health or safety requires an earlier re-
lease of such information).
‘‘(2) Any information required under this section (A)
may be disclosed to other officers, employees, or author-
ized representatives of the United States concerned with
carrying out this title or to committees of the Congress,
or when relevant in any proceeding under this title and
(B) shall be disclosed to the extent it deals with the level
of contaminants in drinking water. For purposes of this
subsection the term ‘information required under this sec-
tion’ means any papers, books, documents, or information,
or any particular part thereof, reported to or otherwise
obtained by the Administrator under this section.
‘‘(f) DEFINITION
OF GRANTEE.—For purposes of
this section, (1) the term ‘grantee’ means any person who
applies for or receives financial assistance, by grant, con-
tract, or loan guarantee under this title, and (2) the term
‘person’ includes a Federal agency.’’.
SEC. 14. JUDICIAL REVIEW.
Section 1448 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended by
striking out ‘‘or exemption’’ each place it appears and by
striking out ‘‘or 1416’’.
SEC. 15. CITIZENS CIVIL ACTION.
Section 1449 of title XIV of the Public Health Serv-
ice Act (the Safe Drinking Water Act) is amended as
follows:
(1) Strike the period at the end of subsection
(b)(1)(B) and insert ‘‘; or’’ and add the following:
‘‘(C) against a public water system which
is operating under the terms of an—
‘‘(i) administrative compliance order,
‘‘(ii) administrative consent agree-
ment, or
‘‘(iii) judicial consent decree, and
is in compliance with the terms of such order,
agreement or decree; or’’.
(2) Strike ‘‘or 1416’’ and ‘‘or exemption’’ in
subsection (b)(2).
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