I
104TH CONGRESS
2D SESSION
H. R. 3604
To amend title XIV of the Public Health Service Act (the ‘‘Safe Drinking
Water Act’’), and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1996
Mr. BLILEY (for himself, Mr. DINGELL, Mr. BILIRAKIS, Mr. WAXMAN, Mr.
MOORHEAD, Mr. BRYANT of Texas, Mr. OXLEY, Mr. TOWNS, Mr. SCHAE-
FER, Mr. STUDDS, Mr. UPTON, Mr. PALLONE, Mr. FRANKS of Connecti-
cut, Mrs. LINCOLN, Mr. GREENWOOD, Mr. DEUTSCH, Mr. CRAPO, Mr.
RUSH, Mr. DEAL of Georgia, Ms. FURSE, Mr. BILBRAY, Mr. STUPAK,
Mr. WHITFIELD, Mr. MANTON, Mr. GANSKE, Mr. RICHARDSON, Mr.
GORDON, and Mr. MARKEY) introduced the following bill; which was re-
ferred to the Committee on Commerce
A BILL
To amend title XIV of the Public Health Service Act (the
‘‘Safe Drinking Water Act’’), and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Safe Drinking Water Act Amendments of 1996’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title and table of contents.
Sec. 2. References; effective date; disclaimer.
TITLE I—PUBLIC WATER SYSTEMS
Subtitle A—Promulgation of National Primary Drinking Water Regulations
Sec. 101. Selection of additional contaminants.
Sec. 102. Disinfectants and disinfection byproducts.
Sec. 103. Limited alternative to filtration.
Sec. 104. Standard-setting.
Sec. 105. Ground water disinfection.
Sec. 106. Effective date for regulations.
Sec. 107. Risk assessment, management, and communication.
Sec. 108. Radon, arsenic, and sulfate.
Sec. 109. Urgent threats to public health.
Sec. 110. Recycling of filter backwash.
Sec. 111. Treatment technologies for small systems.
Subtitle B—State Primary Enforcement Responsibility for Public Water
Systems
Sec.
121. State primacy.
Subtitle C—Notification and Enforcement
Sec. 131. Public notification.
Sec. 132. Enforcement.
Sec. 133. Judicial review.
Subtitle D—Exemptions and Variances
Sec. 141. Exemptions.
Sec. 142. Variances.
Subtitle E—Lead Plumbing and Pipes
Sec. 151. Lead plumbing and pipes.
Subtitle F—Capacity Development
Sec. 161. Capacity development.
TITLE II—AMENDMENTS TO PART C
Sec. 201. Source water quality assessment.
Sec. 202. Federal facilities.
TITLE III—GENERAL PROVISIONS REGARDING SAFE DRINKING
WATER ACT
Sec. 301. Operator certification.
Sec. 302. Technical assistance.
Sec. 303. Public water system supervision program.
Sec. 304. Monitoring and information gathering.
Sec. 305. Occurrence data base.
Sec. 306. Citizens suits.
Sec. 307. Whistle blower.
Sec. 308. State revolving funds.
Sec. 309. Water conservation plan.
TITLE IV—MISCELLANEOUS
Sec. 401. Definitions.
Sec. 402. Authorization of appropriations.
Sec. 403. New York City watershed protection program.
Sec. 404. Estrogenic substances screening program.
Sec. 405. Reports on programs administered directly by Environmental Protec-
tion Agency.
Sec. 406. Return flows.
Sec. 407. Emergency powers.
Sec. 408. Waterborne disease occurrence study.
Sec. 409. Drinking water studies.
Sec. 410. Bottled drinking water standards.
Sec. 411. Clerical amendments.
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.
(a) REFERENCES TO SAFE DRINKING WATER ACT.—
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to that sec-
tion or other provision of title XIV of the Public Health
Service Act (commonly known as the Safe Drinking Water
Act, 42 U.S.C. 300f et seq.).
(b) EFFECTIVE DATE.—Except as otherwise speci-
fied in this Act or in the amendments made by this Act,
this Act and the amendments made by this Act shall take
effect on the date of enactment of this Act.
(c) DISCLAIMER.—Nothing in this Act or in any
amendments made by this Act to title XIV of the Public
Health Service Act (commonly known as the Safe Drink-
ing Water Act) or any other law shall be construed by
the Administrator of the Environmental Protection Agen-
cy or the courts as affecting, modifying, expanding, chang-
ing, or altering—
(1) the provisions of the Federal Water Pollu-
tion Control Act;
(2) the duties and responsibilities of the Admin-
istrator under that Act; or
(3) the regulation or control of point or
nonpoint sources of pollution discharged into waters
covered by that Act.
The Administrator shall identify in the agency’s annual
budget all funding and full-time equivalents administering
such title XIV separately from funding and staffing for
the Federal Water Pollution Control Act.
TITLE I—PUBLIC WATER
SYSTEMS
Subtitle A—Promulgation of Na-
tional Primary Drinking Water
Regulations
SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS.
(a) IN GENERAL.—Section 1412(b)(3) (42 U.S.C.
300g–1(b)(3)) is amended to read as follows:
‘‘(3) REGULATION
OF
UNREGULATED
CONTAMI-
NANTS.—
‘‘(A) LISTING OF CONTAMINANTS FOR CONSID-
ERATION.—(i) Not later than 18 months after the
date of the enactment of the Safe Drinking Water
Act Amendments of 1996 and every 5 years there-
after, the Administrator, after consultation with the
scientific community, including the Science Advisory
Board, after notice and opportunity for public com-
ment, and after considering the occurrence data base
established under section 1445(g), shall publish a
list of contaminants which, at the time of publica-
tion, are not subject to any proposed or promulgated
national primary drinking water regulation, which
are known or anticipated to occur in public water
systems, and which may require regulation under
this title.
‘‘(ii) The unregulated contaminants considered
under clause (i) shall include, but not be limited to,
substances referred to in section 101(14) of the
Comprehensive Environmental Response Compensa-
tion and Liability Act of 1980, and substances reg-
istered as pesticides under the Federal Insecticide,
Fungicide, and Rodenticide Act.
‘‘(iii) The Administrator’s decision whether or
not to select an unregulated contaminant for a list
under this subparagraph shall not be subject to judi-
cial review.
‘‘(B) DETERMINATION TO REGULATE.—(i) Not
later than 5 years after the date of the enactment
of the Safe Drinking Water Act Amendments of
1996, and every 5 years thereafter, the Adminis-
trator shall, by rule, for not fewer than 5 contami-
nants included on the list published under subpara-
graph (A), make determinations of whether or not to
regulate such contaminants.
‘‘(ii) A determination to regulate a contaminant
shall be based on findings that—
‘‘(I) the contaminant is known to occur or
there is a substantial likelihood that the con-
taminant will occur in public water systems
with a frequency and at a level of public health
concern; and
‘‘(II) regulation of such contaminant pre-
sents a meaningful opportunity for public
health risk reduction for persons served by pub-
lic water systems.
Such findings shall be based on the best available
public health information, including the occurrence
data base established under section 1445(g).
‘‘(iii) The Administrator may make a deter-
mination to regulate a contaminant that does not
appear on a list under subparagraph (A) if the de-
termination to regulate is made pursuant to clause
(ii).
‘‘(iv) A determination under this subparagraph
not to regulate a contaminant shall be considered
final agency action and subject to judicial review.
‘‘(C) PRIORITIES.—In selecting unregulated
contaminants for consideration under subparagraph
(B), the Administrator shall select contaminants
that present the greatest public health concern. The
Administrator, in making such selection, shall take
into consideration, among other factors of public
health concern, the effect of such contaminants upon
subgroups that comprise a meaningful portion of the
general population (such as infants, children, preg-
nant women, the elderly, individuals with a history
of serious illness, or other subpopulations) that are
identifiable as being at greater risk of adverse health
effects due to exposure to contaminants in drinking
water than the general population.
‘‘(D) REGULATION.—For each contaminant
that the Administrator determines to regulate under
subparagraph (B), the Administrator shall promul-
gate, by rule, maximum contaminant level goals and
national primary drinking water regulations under
this subsection. The Administrator shall propose the
maximum contaminant level goal and national pri-
mary drinking water regulation not later than 24
months after the determination to regulate under
subparagraph (B), and may publish such proposed
regulation concurrent with the determination to reg-
ulate. The Administrator shall promulgate a maxi-
mum contaminant level goal and national primary
drinking water regulation within 18 months after
the proposal thereof. The Administrator, by notice
in the Federal Register, may extend the deadline for
such promulgation for up to 9 months.
‘‘(E) HEALTH
ADVISORIES
AND
OTHER
AC-
TIONS.—The Administrator may publish health
advisories (which are not regulations) or take other
appropriate actions for contaminants not subject to
any national primary drinking water regulation.’’.
(b) APPLICABILITY OF PRIOR REQUIREMENTS.—The
requirements of subparagraphs (C) and (D) of section
1412(b)(3) of title XIV of the Public Health Service Act
(commonly known as the Safe Drinking Water Act) as in
effect before the enactment of this Act, and any obligation
to promulgate regulations pursuant to such subpara-
graphs not promulgated as of the date of enactment of
this Act, are superseded by the amendments made by sub-
section (a) to such subparagraphs (C) and (D).
SEC. 102. DISINFECTANTS AND DISINFECTION BYPROD-
UCTS.
Section 1412(b)(3) (42 U.S.C. 300g–1(b)(3)) is
amended by adding at the end the following subparagraph:
‘‘(F) DISINFECTANTS AND DISINFECTION BY-
PRODUCTS.—
‘‘(i) INFORMATION
COLLECTION
RULE.—
Not later than December 31, 1996, the Admin-
istrator shall, after notice and opportunity for
public comment, promulgate an information col-
lection rule to obtain information that will fa-
cilitate further revisions to the national primary
drinking water regulation for disinfectants and
disinfection byproducts, including information
on 
microbial 
contaminants 
such 
as
cryptosporidium. The Administrator may extend
the December 31, 1996, deadline under this
clause for up to 180 days if the Administrator
determines that progress toward approval of an
appropriate analytical method to screen for
cryptosporidium is sufficiently advanced and
approval is likely to be completed within the ad-
ditional time period.
‘‘(ii) ADDITIONAL DEADLINES.—The time
intervals between promulgation of a final infor-
mation collection rule, an Interim Enhanced
Surface Water Treatment Rule, a Final En-
hanced Surface Water Treatment Rule, a Stage
I Disinfectants and Disinfection Byproducts
Rule, and a Stage II Disinfectants and Dis-
infection Byproducts Rule shall be in accord-
ance with the schedule published in volume 59,
Federal Register, page 6361 (February 10,
1994), in table III.13 of the proposed Informa-
tion Collection Rule. If a delay occurs with re-
spect to the promulgation of any rule in the
timetable established by this subparagraph, all
subsequent rules shall be completed as expedi-
tiously as practicable but no later than a re-
vised date that reflects the interval or intervals
for the rules in the timetable.’’.
SEC. 103. LIMITED ALTERNATIVE TO FILTRATION.
Section 1412(b)(7)(C) (42 U.S.C. 300g–1(b)(7)(C))
is amended by adding at the end the following clause:
‘‘(v) As an additional alternative to the regulations
promulgated pursuant to clauses (i) and (iii), including the
criteria for avoiding filtration contained in 40 CFR
141.71, a State exercising primary enforcement respon-
sibility for public water systems may establish, on a case-
by-case basis and after notice and an opportunity of at
least 90 days for public comment, alternatives to filtration
requirements in effect on the date of enactment of this
clause, in the case of systems having uninhabited, undevel-
oped watersheds in consolidated ownership, and having
control over access to, and activities in, those watersheds
if (taking into consideration the effects of wildlife in such
watersheds) the State determines (and the Administrator
concurs) that the public health will be fully protected by
such alternatives consistent with the requirements of this
title. The authority of a State to establish alternatives
under this clause shall expire 3 years after the enactment
of the Safe Drinking Water Act Amendments of 1996.’’.
SEC. 104. STANDARD-SETTING.
(a) IN
GENERAL.—Section 1412(b) (42 U.S.C.
300g–1(b)) is amended as follows:
(1) In paragraph (4)—
(A) by striking ‘‘(4) Each’’ and inserting
the following:
‘‘(4) GOALS AND STANDARDS.—
‘‘(A) 
MAXIMUM
CONTAMINANT
LEVEL
GOALS.—Each’’;
(B) in the last sentence—
(i) by striking ‘‘Each national’’ and
inserting the following:
‘‘(B) MAXIMUM CONTAMINANT LEVELS.—
Except as provided in paragraphs (5) and (6),
each national’’; and
(ii) by striking ‘‘maximum level’’ and
inserting ‘‘maximum contaminant level’’;
and
(C) by adding at the end the following:
‘‘(C) DETERMINATION.—At the time the
Administrator proposes a national primary
drinking water regulation under this paragraph,
the Administrator shall publish a determination
as to whether the benefits of the maximum con-
taminant level justify, or do not justify, the
costs based on the analysis conducted under
paragraph (12)(C).’’.
(2) By striking ‘‘(5) For the’’ and inserting the
following:
‘‘(D) DEFINITION
OF
FEASIBLE.—For
the’’.
(3) In the second sentence of paragraph (4)(D)
(as so designated), by striking ‘‘paragraph (4)’’ and
inserting ‘‘this paragraph’’.
(4) By striking ‘‘(6) Each national’’ and insert-
ing the following:
‘‘(E) FEASIBLE TECHNOLOGIES.—
‘‘(i) Each national’’.
(5) In paragraph (4)(E)(i) (as so designated),
by striking ‘‘this paragraph’’ and inserting ‘‘this
subsection’’.
(6) By inserting after paragraph (4) (as so
amended) the following:
‘‘(5) ADDITIONAL
HEALTH
RISK
CONSIDER-
ATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (4), the Administrator may establish a
maximum contaminant level for a contaminant
at a level other than the feasible level, if the
technology, treatment techniques, and other
means used to determine the feasible level
would result in an increase in the health risk
from drinking water by—
‘‘(i) increasing the concentration of
other contaminants in drinking water; or
‘‘(ii) interfering with the efficacy of
drinking water treatment techniques or
processes that are used to comply with
other national primary drinking water reg-
ulations.
‘‘(B) ESTABLISHMENT OF LEVEL.—If the
Administrator establishes a maximum contami-
nant level or levels or requires the use of treat-
ment techniques for any contaminant or con-
taminants pursuant to the authority of this
paragraph—
‘‘(i) the level or levels or treatment
techniques shall minimize the overall risk
of adverse health effects by balancing the
risk from the contaminant and the risk
from other contaminants the concentra-
tions of which may be affected by the use
of a treatment technique or process that
would be employed to attain the maximum
contaminant level or levels; and
‘‘(ii) the combination of technology,
treatment techniques, or other means re-
quired to meet the level or levels shall not
be more stringent than is feasible (as de-
fined in paragraph (4)(D)).
‘‘(6) ADDITIONAL
HEALTH
RISK
REDUCTION
AND COST CONSIDERATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (4), if the Administrator determines
based on an analysis conducted under para-
graph (12)(C) that the benefits of a maximum
contaminant level promulgated in accordance
with paragraph (4) would not justify the costs
of complying with the level, the Administrator
may, after notice and opportunity for public
comment, promulgate a maximum contaminant
level for the contaminant that maximizes health
risk reduction benefits at a cost that is justified
by the benefits.
‘‘(B) 
EXCEPTION.—The 
Administrator
shall not use the authority of this paragraph to
promulgate a maximum contaminant level for a
contaminant, if the benefits of compliance with
a national primary drinking water regulation
for the contaminant that would be promulgated
in accordance with paragraph (4) experienced
by—
‘‘(i) persons served by large public
water systems; and
‘‘(ii) persons served by such other sys-
tems as are unlikely, based on information
provided by the States, to receive a vari-
ance under section 1415(e) (relating to
small system assistance program);
would justify the costs to the systems of com-
plying with the regulation. This subparagraph
shall not apply if the contaminant is found al-
most exclusively in small systems (as defined in
section 1415(e), relating to small system assist-
ance program).
‘‘(C) DISINFECTANTS AND DISINFECTION
BYPRODUCTS.—The Administrator may not use
the authority of this paragraph to establish a
maximum contaminant level in a Stage I or
Stage II national primary drinking water regu-
lation for contaminants that are disinfectants
or disinfection byproducts (as described in para-
graph (3)(F)), or to establish a maximum con-
taminant level or treatment technique require-
ment for the control of cryptosporidium. The
authority of this paragraph may be used to es-
tablish regulations for the use of disinfection by
systems relying on ground water sources as re-
quired by paragraph (8).
‘‘(D) JUDICIAL REVIEW.—A determination
by the Administrator that the benefits of a
maximum contaminant level or treatment re-
quirement justify or do not justify the costs of
complying with the level shall be reviewed by
the court pursuant to section 1448 only as part
of a review of a final national primary drinking
water regulation that has been promulgated
based on the determination and shall not be set
aside by the court under that section unless the
court finds that the determination is arbitrary
and capricious.’’.
(b) DISINFECTANTS
AND DISINFECTION BYPROD-
UCTS.—The Administrator of the Environmental Protec-
tion Agency may use the authority of section 1412(b)(5)
of the Public Health Service Act (as amended by sub-
section (a)) to promulgate the Stage I and Stage II rules
for disinfectants and disinfection byproducts as proposed
in volume 59, Federal Register, page 38668 (July 29,
1994). The considerations used in the development of the
July 29, 1994, proposed national primary drinking water
regulation on Disinfection and Disinfection Byproducts
shall be treated as consistent with such section 1412(b)(5)
for purposes of such Stage I and Stage II rules.
(c) REVIEW
OF STANDARDS.—Section 1412(b)(9)
(42 U.S.C. 300g–1(b)) is amended to read as follows:
‘‘(9) REVIEW
AND
REVISION.—The Adminis-
trator shall, not less often than every 6 years, review
and revise, as appropriate, each national primary
drinking water regulation promulgated under this
title. Any revision of a national primary drinking
water regulation shall be promulgated in accordance
with this section, except that each revision shall
maintain, or provide for greater, protection of the
health of persons.’’.
SEC. 105. GROUND WATER DISINFECTION.
Section 1412(b)(8) (42 U.S.C. 300g–1(b)(8)) is
amended by striking the first sentence and inserting the
following: ‘‘At any time after the end of the 3-year period
that begins on the date of enactment of the Safe Drinking
Water Act Amendments of 1996, but not later than the
date on which the Administrator promulgates a Stage II
rulemaking for disinfectants and disinfection byproducts
(as described in paragraph (3)(F)(ii)), the Administrator
shall also promulgate national primary drinking water reg-
ulations requiring disinfection as a treatment technique
for all public water systems, including surface water sys-
tems and, as necessary, ground water systems. After con-
sultation with the States, the Administrator shall (as part
of the regulations) promulgate criteria that the Adminis-
trator, or a State that has primary enforcement respon-
sibility under section 1413, shall apply to determine
whether disinfection shall be required as a treatment tech-
nique for any public water system served by ground water.
A State that has primary enforcement authority shall de-
velop a plan through which ground water disinfection de-
terminations are made. The plan shall be based on the
Administrator’s criteria and shall be submitted to the Ad-
ministrator for approval.’’.
SEC. 106. EFFECTIVE DATE FOR REGULATIONS.
Section 1412(b)(10) (42 U.S.C. 300g–1(b)(10)) is
amended to read as follows:
‘‘(10) EFFECTIVE DATE.—A national primary
drinking water regulation promulgated under this
section (and any amendment thereto) shall take ef-
fect on the date that is 3 years after the date on
which the regulation is promulgated unless the Ad-
ministrator determines that an earlier date is prac-
ticable, except that the Administrator, or a State (in
the case of an individual system), may allow up to
2 additional years to comply with a maximum con-
taminant level or treatment technique if the Admin-
istrator or State (in the case of an individual sys-
tem) determines that additional time is necessary for
capital improvements.’’.
SEC. 107. RISK ASSESSMENT, MANAGEMENT, AND COMMU-
NICATION.
Section 1412(b) (42 U.S.C. 300g–1(b)) is amended
by inserting after paragraph (11) the following:
‘‘(12) RISK
ASSESSMENT, MANAGEMENT
AND
COMMUNICATION.—
‘‘(A) USE OF SCIENCE IN DECISIONMAK-
ING.—In carrying out this section, and, to the
degree that an Agency action is based on
science in carrying out this title, the Adminis-
trator shall use—
‘‘(i) the best available, peer-reviewed
science and supporting studies conducted
in accordance with sound and objective sci-
entific practices; and
‘‘(ii) data collected by accepted meth-
ods or best available methods (if the reli-
ability of the method and the nature of the
decision justifies use of the data).
‘‘(B) PUBLIC INFORMATION.—In carrying
out this section, the Administrator shall ensure
that the presentation of information on public
health effects is comprehensive, informative and
understandable. The Administrator shall, in a
document made available to the public in sup-
port of a regulation promulgated under this sec-
tion, specify, to the extent practicable—
‘‘(i) each population addressed by any
estimate of public health effects;
‘‘(ii) the expected risk or central esti-
mate of risk for the specific populations;
‘‘(iii) each appropriate upper-bound or
lower-bound estimate of risk;
‘‘(iv) 
each 
significant 
uncertainty
identified in the process of the assessment
of public health effects and studies that
would assist in resolving the uncertainty;
and
‘‘(v) peer-reviewed studies known to
the Administrator that support, are di-
rectly relevant to, or fail to support any es-
timate of public health effects and the
methodology used to reconcile inconsist-
encies in the scientific data.
‘‘(C) HEALTH RISK REDUCTION AND COST
ANALYSIS.—
‘‘(i) MAXIMUM
CONTAMINANT
LEV-
ELS.—When proposing any national pri-
mary drinking water regulation that in-
cludes a maximum contaminant level, the
Administrator shall, with respect to a max-
imum contaminant level that is being con-
sidered in accordance with paragraph (4)
and each alternative maximum contami-
nant level that is being considered pursu-
ant to paragraph (5) or (6)(A), publish,
seek public comment on, and use for the
purposes of paragraphs (4), (5), and (6)
an analysis of—
‘‘(I) Quantifiable and nonquan-
tifiable health risk reduction benefits
for which there is a factual basis in
the rulemaking record to conclude
that such benefits are likely to occur
as the result of treatment to comply
with each level.
‘‘(II) Quantifiable and nonquan-
tifiable health risk reduction benefits
for which there is a factual basis in
the rulemaking record to conclude
that such benefits are likely to occur
from reductions in co-occurring con-
taminants that may be attributed
solely to compliance with the maxi-
mum contaminant level, excluding
benefits resulting from compliance
with other proposed or promulgated
regulations.
‘‘(III) Quantifiable and nonquan-
tifiable costs for which there is a fac-
tual basis in the rulemaking record to
pliance, including risks associated
with co-occurring contaminants.
‘‘(VII) Other relevant factors, in-
cluding the quality and extent of the
information, the uncertainties in the
analysis supporting subclauses (I)
through (VI), and factors with respect
to the degree and nature of the risk.
‘‘(ii) 
TREATMENT
TECHNIQUES.—
When proposing a national primary drink-
ing water regulation that includes a treat-
ment technique in accordance with para-
graph (7)(A), the Administrator shall pub-
lish and seek public comment on an analy-
sis of the health risk reduction benefits
and costs likely to be experienced as the
result of compliance with the treatment
technique and alternative treatment tech-
niques that are being considered, taking
into account, as appropriate, the factors
described in clause (i).
‘‘(iii) APPROACHES TO MEASURE AND
VALUE
BENEFITS.—The 
Administrator
may identify valid approaches for the
measurement and valuation of benefits
under this subparagraph, including ap-
proaches to identify consumer willingness
to pay for reductions in health risks from
drinking water contaminants.
‘‘(iv) 
AUTHORIZATION.—There 
are
authorized to be appropriated to the Ad-
ministrator, acting through the Office of
Ground Water and Drinking Water, to
conduct studies, assessments, and analyses
in support of regulations or the develop-
ment of methods, $35,000,000 for each of
fiscal years 1996 through 2003.’’.
SEC. 108. RADON, ARSENIC, AND SULFATE.
Section 1412(b) is amended by inserting after para-
graph (12) the following:
‘‘(13) CERTAIN CONTAMINANTS.—
‘‘(A) RADON.—Any proposal published by
the Administrator before the enactment of the
Safe Drinking Water Act Amendments of 1996
to establish a national primary drinking water
standard for radon shall be withdrawn by the
Administrator. Notwithstanding any provision
of any law enacted prior to the enactment of
the Safe Drinking Water Act Amendments of
1996, within 3 years of such date of enactment,
the Administrator shall propose and promulgate
a national primary drinking water regulation
for radon under this section, as amended by the
Safe Drinking Water Act Amendments of 1996.
In undertaking any risk analysis and benefit
cost analysis in connection with the promulga-
tion of such standard, the Administrator shall
take into account the costs and benefits of con-
trol programs for radon from other sources.
‘‘(B) ARSENIC.—(i) Notwithstanding the
deadlines set forth in paragraph (1), the Ad-
ministrator shall promulgate a national primary
drinking water regulation for arsenic pursuant
to this subsection, in accordance with the sched-
ule established by this paragraph.
‘‘(ii) Not later than 180 days after the
date of enactment of this paragraph, the Ad-
ministrator shall develop a comprehensive plan
for study in support of drinking water rule-
making to reduce the uncertainty in assessing
health risks associated with exposure to low lev-
els of arsenic. In conducting such study, the
Administrator shall consult with the National
Academy of Sciences, other Federal agencies,
and interested public and private entities.
‘‘(iii) In carrying out the study plan, the
Administrator may enter into cooperative agree-
ments with other Federal agencies, State and
local governments, and other interested public
and private entities.
‘‘(iv) PROPOSED
REGULATION.—The Ad-
ministrator shall propose a national primary
drinking water regulation for arsenic not later
than January 1, 2000.
‘‘(v) FINAL REGULATION.—Not later than
January 1, 2001, after notice and opportunity
for public comment, the Administrator shall
promulgate a national primary drinking water
regulation for arsenic.
‘‘(C) SULFATE.—
‘‘(i) ADDITIONAL
STUDY.—Prior to
promulgating a national primary drinking
water regulation for sulfate, the Adminis-
trator and the Director of the Centers for
Disease Control and Prevention shall joint-
ly conduct an additional study to establish
a reliable dose-response relationship for the
adverse human health effects that may re-
sult from exposure to sulfate in drinking
water, including the health effects that
may be experienced by groups within the
general population (including infants and
travelers) that are potentially at greater
risk of adverse health effects as the result
of such exposure. The study shall be con-
ducted in consultation with interested
States, shall be based on the best available,
peer-reviewed science and supporting stud-
ies conducted in accordance with sound
and objective scientific practices.
‘‘(ii) PROPOSED AND FINAL RULE.—
Notwithstanding the deadlines set forth in
paragraph (1), the Administrator may,
pursuant to the authorities of this sub-
section and after notice and opportunity
for public comment, promulgate a final na-
tional primary drinking water regulation
for sulfate. Any such regulation shall in-
clude requirements for public notification
and options for the provision of alternative
water supplies to populations at risk as a
means of complying with the regulation in
lieu of a best available treatment tech-
nology or other means.’’.
SEC. 109. URGENT THREATS TO PUBLIC HEALTH.
Section 1412(b) is amended by inserting the following
after paragraph (13):
‘‘(14) 
URGENT
THREATS
TO
PUBLIC
HEALTH.—The Administrator may promulgate an
interim national primary drinking water regulation
for a contaminant without making a determination
for the contaminant under paragraph (4)(C) or com-
pleting the analysis under paragraph (12)(C) to ad-
dress an urgent threat to public health as deter-
mined by the Administrator after consultation with
and written response to any comments provided by
the Secretary of Health and Human Services, acting
through the director of the Centers for Disease Con-
trol and Prevention or the director of the National
Institutes of Health. A determination for any con-
taminant in accordance with paragraph (4)(C) sub-
ject to an interim regulation under this subpara-
graph shall be issued, and a completed analysis
meeting the requirements of paragraph (12)(C) shall
be published, not later than 3 years after the date
on which the regulation is promulgated and the reg-
ulation shall be repromulgated, or revised if appro-
priate, not later than 5 years after that date.’’.
SEC. 110. RECYCLING OF FILTER BACKWASH.
Section 1412(b) is amended by adding the following
new paragraph after paragraph (14):
‘‘(15) RECYCLING
OF FILTER BACKWASH.—
The Administrator shall promulgate a regulation to
govern the recycling of filter backwash water within
the treatment process of a public water system. The
Administrator shall promulgate such regulation not
later than 4 years after the date of the enactment
of the Safe Drinking Water Act Amendments of
1996 unless such recycling has been addressed by
the Administrator’s ‘enhanced surface water treat-
ment rule’ prior to such date.’’.
SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYS-
TEMS.
(a) LIST OF TECHNOLOGIES FOR SMALL SYSTEMS.—
Section 1412(b)(4)(E) (42 U.S.C. 300g–1(b)(4)(E)), is
amended by adding at the end the following:
‘‘(ii) The Administrator shall include
in the list any technology, treatment tech-
nique, or other means that is affordable for
small public water systems serving—
‘‘(I) a population of 10,000 or
fewer but more than 3,300;
‘‘(II) a population of 3,300 or
fewer but more than 500; and
‘‘(III) a population of 500 or
fewer but more than 25;
and that achieves compliance with the
maximum contaminant level or treatment
technique, including packaged or modular
systems and point-of-entry or point-of-use
treatment units. Point-of-entry and point-
of-use treatment units shall be owned, con-
trolled and maintained by the public water
system or by a person under contract with
the public water system to ensure proper
operation and maintenance and compliance
with the maximum contaminant level or
treatment technique and equipped with
mechanical warnings to ensure that cus-
tomers are automatically notified of oper-
ational problems. If the American National
Standards Institute has issued product
standards applicable to a specific type of
point-of-entry or point-of-use treatment
unit, individual units of that type shall not
be accepted for compliance with a maxi-
mum contaminant level or treatment tech-
nique requirement unless they are inde-
‘‘(v) Within one year after the enact-
ment of this clause, the Administrator
shall list technologies that meet the surface
water treatment rules for each category of
public water systems described in sub-
clauses (I), (II), and (III) of clause (ii).’’.
(b) AVAILABILITY OF INFORMATION ON SMALL SYS-
TEM TECHNOLOGIES.—Section 1445 (42 U.S.C. 0j–4) is
amended by adding after subsection (g):
‘‘(h) AVAILABILITY OF INFORMATION ON SMALL SYS-
TEM
TECHNOLOGIES.—For 
purposes 
of 
sections
1412(b)(4)(E) and 1415(e) (relating to small system as-
sistance program), the Administrator may request infor-
mation on the characteristics of commercially available
treatment systems and technologies, including the effec-
tiveness and performance of the systems and technologies
under various operating conditions. The Administrator
may specify the form, content, and submission date of in-
formation to be submitted by manufacturers, States, and
other interested persons for the purpose of considering the
systems and technologies in the development of regula-
tions or guidance under sections 1412(b)(4)(E) and
1415(e).’’.
Subtitle B—State Primary Enforce-
ment Responsibility for Public
Water Systems
SEC. 121. STATE PRIMACY.
(a) STATE PRIMARY ENFORCEMENT RESPONSIBIL-
ITY.—Section 1413 (42 U.S.C. 300g–2) is amended as fol-
lows:
(1) In subsection (a), by amending paragraph
(1) to read as follows:
‘‘(1) has adopted drinking water regulations
that are no less stringent than the national primary
drinking water regulations promulgated by the Ad-
ministrator under subsections (a) and (b) of section
1412 not later than 2 years after the date on which
the regulations are promulgated by the Adminis-
trator, except that the Administrator may provide
for an extension of not more than 2 years if, after
submission and review of appropriate, adequate doc-
umentation from the State, the Administrator deter-
mines that the extension is necessary and justified;’’.
(2) By adding at the end the following sub-
section:
‘‘(c) INTERIM PRIMARY ENFORCEMENT AUTHOR-
ITY.—A State that has primary enforcement authority
under this section with respect to each existing national
primary drinking water regulation shall be considered to
have primary enforcement authority with respect to each
new or revised national primary drinking water regulation
during the period beginning on the effective date of a reg-
ulation adopted and submitted by the State with respect
to the new or revised national primary drinking water reg-
ulation in accordance with subsection (b)(1) and ending
at such time as the Administrator makes a determination
under subsection (b)(2)(B) with respect to the regula-
tion.’’.
(b) EMERGENCY
PLANS.—Section 1413(a)(5) is
amended by inserting after ‘‘emergency circumstances’’
the following: ‘‘including earthquakes, floods, hurricanes,
and other natural disasters, as appropriate’’.
Subtitle C—Notification and
Enforcement
SEC. 131. PUBLIC NOTIFICATION.
Section 1414(c) (42 U.S.C. 300g–3(c)) is amended
to read as follows:
‘‘(c) NOTICE TO PERSONS SERVED.—
‘‘(1) IN GENERAL.—Each owner or operator of
a public water system shall give notice of each of the
following to the persons served by the system:
‘‘(A) Notice of any failure on the part of
the public water system to—
‘‘(i) comply with an applicable maxi-
mum contaminant level or treatment tech-
nique requirement of, or a testing proce-
dure prescribed by, a national primary
drinking water regulation; or
‘‘(ii) perform monitoring required by
section 1445(a).
‘‘(B) If the public water system is subject
to 
a 
variance 
granted 
under 
subsection
(a)(1)(A), (a)(2), or (e) of section 1415 for an
inability to meet a maximum contaminant level
requirement or is subject to an exemption
granted under section 1416, notice of—
‘‘(i) the existence of the variance or
exemption; and
‘‘(ii) any failure to comply with the
requirements of any schedule prescribed
pursuant to the variance or exemption.
‘‘(C) Notice of the concentration level of
any unregulated contaminant for which the Ad-
ministrator has required public notice pursuant
to paragraph (2)(E).
‘‘(2) FORM, MANNER, AND FREQUENCY OF NO-
TICE.—
‘‘(A) IN
GENERAL.—The Administrator
shall, by regulation, and after consultation with
the States, prescribe the manner, frequency,
form, and content for giving notice under this
subsection. The regulations shall—
‘‘(i) provide for different frequencies
of notice based on the differences between
violations that are intermittent or infre-
quent and violations that are continuous or
frequent; and
‘‘(ii) take into account the seriousness
of any potential adverse health effects that
may be involved.
‘‘(B) STATE REQUIREMENTS.—
‘‘(i) IN GENERAL.—A State may, by
rule, establish alternative notification re-
quirements—
‘‘(I) with respect to the form and
content of notice given under and in a
manner in accordance with subpara-
graph (C); and
‘‘(II) with respect to the form
and content of notice given under sub-
paragraph (D).
‘‘(ii) CONTENTS.—The alternative re-
quirements shall provide the same type and
amount of information as required pursu-
ant to this subsection and regulations is-
sued under subparagraph (A).
‘‘(iii) RELATIONSHIP
TO
SECTION
1413.—Nothing in this subparagraph shall
be construed or applied to modify the re-
quirements of section 1413.
‘‘(C) VIOLATIONS
WITH
POTENTIAL
TO
HAVE SERIOUS ADVERSE EFFECTS ON HUMAN
HEALTH.—Regulations issued under subpara-
graph (A) shall specify notification procedures
for each violation by a public water system that
has the potential to have serious adverse effects
on human health as a result of short-term expo-
sure. Each notice of violation provided under
this subparagraph shall—
‘‘(i) be distributed as soon as prac-
ticable after the occurrence of the viola-
tion, but not later than 24 hours after the
occurrence of the violation;
‘‘(ii) provide a clear and readily un-
derstandable explanation of—
‘‘(I) the violation;