Union Calendar No. 412
103D CONGRESS
2D SESSION
H. R. 3392
[Report No. 103–745, Part I]
A BILL
To amend the Safe Drinking Water Act to assure
the safety of public water systems.
SEPTEMBER 26, 1994
Committees on Science, Space, and Technology and the
Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and or-
dered to be printed
IB
Union Calendar No. 412
103D CONGRESS
2D SESSION
H. R. 3392
[Report No. 103–745, Part I]
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
SEPTEMBER 23, 1994
Reported with an amendment; referred to the following committees for a pe-
riod ending not later than September 26, 1994: to the Committee on
Science, Space, and Technology for consideration of such provisions con-
tained in the bill and amendment as fall within the jurisdiction of that
committee pursuant to clause 1(r), rule X; and to the Committee on the
Judiciary for consideration of such portions of sections 15 and 17 of the
amendment recommended by the Committee on Energy and Commerce
as fall within the jurisdiction of that committee pursuant to clause 1(1),
rule X.
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 26, 1994
Additional sponsors: Mr. HASTERT, Mr. BUNNING, Mr. EDWARDS of Texas,
Mr. ANDREWS of New Jersey, Mr. BARTON of Texas, Mr. DOOLEY, Mr.
KOPETSKI, Mr. BAKER of California, Mr. INHOFE, Mr. LEACH, Mr.
GOODLING, Mr. MANZULLO, Mr. CALVERT, Mr. ZELIFF, Mr. MCKEON,
Mr. GORDON, Mr. OXLEY, Ms. LONG, Mr. ROTH, Mr. COLLINS of Geor-
gia, Mr. TEJEDA, Mr. KREIDLER, Mr. KNOLLENBERG, Mr. PENNY, Mr.
KINGSTON, Mr. PETERSON of Florida, Mr. QUINN, Mr. BURTON of Indi-
ana, Mr. SWIFT, Mr. CLYBURN, Mr. SPRATT, Mr. BREWSTER, Mr. DEAL,
Ms. PRYCE of Ohio, Mr. ACKERMAN, Mr. RAMSTAD, Mr. SENSEN-
BRENNER, Mr. MAZZOLI, Mr. WOLF, Mr. ORTIZ, Mr. SCHIFF, Mr.
CUNNINGHAM, Mr. MCCANDLESS, Mr. JACOBS, Mr. ROYCE, Mr. INGLIS
of South Carolina, Mr. ISTOOK, Mr. BOEHNER, Mr. ROSE, Mr. ORTON,
Mr. HERGER, Mr. LEWIS of Florida, Mr. DORNAN, Mr. BROWDER, Mrs.
THURMAN, Mr. DICKS, Mr. TRAFICANT, Mr. GALLEGLY, Mr. DICKEY,
Ms. KAPTUR, Mr. ROHRABACHER, Mr. HUTCHINSON, Mr. JOHNSON of
South Dakota, Mr. TAYLOR of North Carolina, Mr. THOMAS of Califor-
nia, Mr. RAVENEL, Mr. TALENT, Mr. ARCHER, Mr. CRANE, Mr. CRAPO,
Mr. MYERS of Indiana, Mr. GENE GREEN of Texas, Mr. BOUCHER, Mr.
BAESLER, Mr. MCMILLAN, Mr. HOBSON, Mr. GINGRICH, Mr. KOLBE,
Mr. BONILLA, Mr. HORN, Mr. ROGERS, Mr. SAM JOHNSON of Texas, Mr.
SUNDQUIST, Mr. BATEMAN, Mr. SMITH of Oregon, Mr. ROBERTS, Mr.
GOSS, Mr. ARMEY, Mr. WHITTEN, Mr. GOODLATTE, Mr. HAMILTON, Mr.
FIELDS of Texas, Mr. SCHAEFER, Mr. LINDER, Mr. MCCRERY, Mr. TAN-
NER, Mr. VALENTINE, Mr. WISE, Mr. INSLEE, Mr. LUCAS, Mr. WALKER,
Mr. CLINGER, Mr. GEKAS, Mr. BORSKI, Mr. GRAMS, Mr. HYDE, Mrs.
CLAYTON, Mr. GALLO, and Ms. SNOWE
SEPTEMBER 26, 1994
Committees on Science, Space, and Technology and the Judiciary discharged;
committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October 27, 1993]
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 1994’’.
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.
(a) REFERENCE TO SAFE DRINKING WATER ACT.—
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title XIV of the Public Health Service
Act (the Safe Drinking Water Act) (42 U.S.C. 300f and
following).
(b) EFFECTIVE DATE.—Except as otherwise specified
in this Act or in the amendments made by this Act, the
amendments made by this Act shall take effect on the date
of enactment of this Act.
(c) DISCLAIMER.—Nothing in this Act or in any
amendments made by this Act to title XIV of the Public
Health Service Act (the Safe Drinking Water Act) or any
other law shall be construed by the Administrator of the
Environmental Protection Agency or the courts as affecting,
modifying, expanding, changing, or altering (1) the provi-
sions of the Federal Water Pollution Control Act, (2) the
duties and responsibilities of the Administrator under that
Act, or (3) the regulation or control of point or nonpoint
sources of pollution discharged into waters covered by that
Act. The Administrator shall identify in the agency’s an-
nual budget all funding and full-time equivalents admin-
istering the Safe Drinking Water Act separately from fund-
ing and staffing for the Federal Water Pollution Control
Act.
SEC. 3. NATIONAL DRINKING WATER REGULATIONS.
(a) 
NEW
CONTAMINANT
SELECTION.—Section
1412(b)(3) is amended to read as follows:
‘‘(3) REGULATION
OF
UNREGULATED
CONTAMI-
NANTS.—
‘‘(A) PROPOSED LISTS.—(i) Within 1 year after
the enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator, after con-
sultation with the scientific community, including the
Science Advisory Board, shall select and publish a
proposed list of not fewer than 15 contaminants
which are known or anticipated to occur in public
water systems, which are not subject to any proposed
or promulgated national primary drinking water reg-
ulation, and which may require regulation under this
title.
‘‘(ii) Within 5 years after the enactment of the
Safe Drinking Water Act Amendments of 1994 and
every 4 years thereafter, the Administrator, after con-
sultation with the scientific community, including the
Science Advisory Board, and after considering the oc-
currence data base established under section 1445(g),
shall (in addition to the contaminants listed under
clause (i)) select and publish a proposed list of not
fewer than 12 contaminants which are not subject to
any proposed or promulgated national primary
drinking water regulation, which are known or an-
ticipated to occur in public water systems, and which
may require regulation under this title.
‘‘(iii) If, after the year 2010, the Administrator
determines that the number of unregulated contami-
nants meeting the criteria for the list under clause
(ii) is fewer than 12, the Administrator may, by rule,
waive the requirement to select at least 12 contami-
nants every 4 years under that clause. At any time
after such rule is promulgated, the Administrator
may, after consultation with the scientific commu-
nity, including the Science Advisory Board and after
considering the occurrence data base established under
section 1445(g), select a proposed list of 1 or more
contaminants (in addition to the contaminants listed
under clause (i) or (ii)) which are known or antici-
pated to occur in public water systems, which are not
subject to any proposed or promulgated national pri-
mary drinking water regulation, and which may re-
quire regulation under this title.
‘‘(iv) In selecting unregulated contaminants for
the proposed lists referred to in this paragraph, the
Administrator shall select contaminants that present
the greatest public health concern. The Administrator,
in making such selection, shall take into consider-
ation, among other factors of public health concern,
the effect of such contaminants upon subgroups that
comprise a meaningful portion of the general popu-
lation (such as pregnant woman and children) that
are identifiable as being at greater health risk than
the general population, based on adequate scientific
information. The unregulated contaminants consid-
ered for such proposed lists shall include, but not be
limited to, substances referred to in section 101(14) of
the Comprehensive Environmental Response Com-
pensation and Liability Act of 1980, and substances
registered as pesticides under the Federal Insecticide,
Fungicide, and Rodenticide Act.
‘‘(v) The Administrator’s decision whether or not
to select an unregulated contaminant for a proposed
list pursuant to this paragraph shall not be subject to
judicial review.
‘‘(B) FINAL
LIST.—Each proposed list estab-
lished in subparagraph (A) shall be subject to public
comment for a period of at least 60 days. Within 6
months after the close of the public comment period,
and not later than 1 year after the proposed list is
published, the Administrator shall publish in the Fed-
eral Register the final list of contaminants meeting
the requirements of subparagraph (A), together with
responses to significant comments. Each final list
shall include at least the minimum number of con-
taminants specified in subparagraph (A).
‘‘(C) DETERMINATION
TO
REGULATE.—At any
time after the final list of contaminants established
under subparagraph (B) is published, but not later
than 30 months thereafter, the Administrator shall de-
termine, by rule, whether or not to regulate each of
the contaminants on such final list. The Adminis-
trator, after notice in the Federal Register, may ex-
tend the period for making such determination for
any or all of the contaminants on the list for up to
9 months. The Administrator shall allow at least 90
days for public comment prior to making a deter-
mination under this subparagraph. A determination
to regulate a contaminant shall be based on the fol-
lowing three findings:
‘‘(i) A finding that the contaminant is
known to occur in public water systems.
‘‘(ii) A finding that, based on the best avail-
able public health information, the contaminant
occurs in concentrations which have or may have
any adverse effect on the health of persons.
‘‘(iii) A finding that regulation of such con-
taminant presents a meaningful opportunity for
public health risk reduction for persons served by
public water systems.
The Administrator may regulate a contaminant that
does not appear on a list published under subpara-
graph (A) or (B) if the determination to regulate is
pursuant to this subparagraph.
‘‘(D) 
REGULATION.—For 
each 
contaminant
under subparagraph (C) that the Administrator deter-
mines shall be regulated, the Administrator shall pro-
mulgate, by rule, maximum contaminant level goals
and national primary drinking water regulations as
provided in paragraphs (4) and (5) of this subsection.
The Administrator shall propose the maximum con-
impacts, taking into consideration other risks to such
subpopulations. There are authorized to be appro-
priated such sums as may be necessary for the Ad-
ministrator to examine the health effects of drinking
water contaminants for such regulatory purposes.
‘‘(G) CRYPTOSPORIDIUM.—(i) Not later than De-
cember 31, 1996, the Administrator shall publish a
maximum contaminant level goal and promulgate an
interim national primary drinking water regulation
for cryptosporidium for public water systems serving
10,000 persons of more. Such regulation shall take ef-
fect not later than 24 months after the date of pro-
mulgation.
‘‘(ii) Not later than December 31, 1998, the Ad-
ministrator shall promulgate a national primary
drinking water regulation for cryptosporidium. Such
regulation shall take effect, for public water systems
of all sizes, not later than 24 months after the date
of promulgation.
Each date for publication and promulgation specified in
clause (i) and (ii) may be delayed by up to 6 months if
the Administrator determines that such additional time is
necessary to review information under the Administrator’s
information collection rule.’’.
(b) LIMITED ALTERNATIVE TO FILTRATION REQUIRE-
MENTS.—Section 1412(b)(7)(C) is amended by adding at
the end the following:
‘‘(v) As an additional alternative to the regulations
promulgated pursuant to clauses (i) and (iii), including the
criteria for avoiding filtration contained in 40 CFR 141.71,
a State exercising primary enforcement responsibility for
public water systems may establish, on a case-by-case basis
and after notice and an opportunity of at least 90 days
for public comment, alternatives to filtration requirements
in effect on such date of enactment, in the case of systems
having uninhabited, undeveloped watersheds in consoli-
dated ownership, and having control over access to, and ac-
tivities in, those watersheds if (taking into consideration
the effects of wildlife in such watersheds) the State deter-
mines (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 1994.’’.
(c) COMPLIANCE DATES.—Section 1412(b) is amended
by striking the first sentence in paragraph (10) and by add-
ing the following at the end thereof:
‘‘(12) Within 24 months after the promulgation of a
national primary drinking water regulation under this sub-
section, each State exercising primary enforcement respon-
sibility for public water systems shall adopt corresponding
State regulations under section 1413(a)(1). The Adminis-
trator shall specify the date upon which public water sys-
tems must comply with each national primary drinking
water regulation promulgated under this subsection. Such
compliance date may not be more than 36 months after the
date of promulgation, except that if the Administrator de-
termines that additional time is necessary for capital im-
provements required to meet the national primary drinking
water regulations, the Administrator may establish a later
compliance date. Such later date shall not be later than 48
months after the date of promulgation (or 60 months in
the case of systems serving fewer than 3,300 persons). Each
State with primary enforcement responsibility may deter-
mine a public water system’s eligibility for any extension
beyond 36 months. Nothing in this paragraph shall limit
the discretion of the Administrator to differentiate among
the compliance dates on the basis of system size or other
factors considered appropriate by the Administrator, or to
establish interim compliance milestones.’’.
SEC. 4. STANDARD SETTING.
Section 1412 is amended as follows:
(1) The second sentence of subsection (b)(4) is
amended by inserting before the period the following:
‘‘or a treatment technique established pursuant to
paragraph (7)(A) of this subsection’’.
(2) Subsection (b)(5) is amended as follows:
(A) In the first sentence, strike ‘‘feasible’’
after ‘‘means’’ and insert ‘‘achievable’’; and after
‘‘technology’’ strike ‘‘, treatment techniques and’’
and insert ‘‘or’’.
(B) Insert ‘‘(A)’’ after ‘‘(5)’’ and add the
following at the end thereof:
‘‘(B) For purposes of taking costs into consideration
pursuant to the first sentence of subparagraph (A) of this
paragraph, in the case of any national primary drinking
water regulation proposed and promulgated after enactment
of the Safe Drinking Water Act Amendments of 1994 (other
than a national primary drinking water regulation covered
by subparagraph (C) or (D)), the Administrator shall con-
sider (in the case of nonthreshold contaminants) and may
consider (in the case of threshold contaminants) both the
incremental compliance costs likely to be incurred and the
incremental public health risk reduction benefits afforded
by alternative levels. The terms ‘costs’ and ‘benefits’, as used
in this subparagraph—
‘‘(i) shall include additional and identifiable re-
ductions, if any, of regulated contaminants not cov-
ered by such proposed or promulgated regulation that
are expected to be achieved solely from the use of the
applicable technology or technologies that form the
basis for such regulation, and
‘‘(ii) shall include consideration of the effects of
such contaminants upon subgroups that comprise a
meaningful portion of the general population, such as
pregnant women and children, that are identifiable as
being at greater health risk than the general popu-
lation based on adequate scientific information.
‘‘(C) Subparagraph (B) shall not take effect with re-
spect to the first promulgation after the date of enactment
of the Safe Drinking Water Act Amendments of 1994, or
with respect to the initial revision after such date, of a na-
tional primary drinking water regulation for the following:
‘‘(i) Contaminants covered by the proposed na-
tional primary drinking water regulation for radio-
nuclides as set forth in 56 Federal Register 33050,
July 19, 1991.
‘‘(ii) Sulfate.
‘‘(iii) Contaminants covered by the proposed ne-
gotiated rules on (I) disinfectants and disinfection by-
products as set forth in 59 Federal Register 38668,
July 29, 1994, and (II) enhanced surface water treat-
ment as set forth in 59 Federal Register 38832, July
29, 1994. Subparagraph (B) shall also not take effect
with respect to the promulgation of a second stage
regulation for contaminants covered by the proposed
negotiated rules referred to in clause (iii).
Any subsequent revision of any such regulation shall be sub-
ject to the provisions of subparagraph (D).
‘‘(D) In the case of any national primary drinking
water regulation for a contaminant regulated prior to en-
actment of the Safe Drinking Water Act Amendments of
1994, or any subsequent revision of a national primary
drinking water regulation established in accordance with
subparagraph (C), subparagraph (B) shall apply to any
proposal to amend such national primary drinking water
regulation only if a review required pursuant to paragraph
(9) results in findings by the Administrator, published in
the Federal Register, that changes in technology, treatment
techniques, or other means permit greater protection of the
health of persons. If the Administrator promulgates such
regulation in accordance with subparagraph (B), such regu-
lation must provide for greater protection of the health of
persons. If the Administrator does not promulgate a regula-
tion in accordance with subparagraph (B) because such
greater protection of the health of persons is not achievable,
the Administrator may initiate a new rulemaking under
subparagraph (A) or retain the existing national primary
drinking water regulations.
‘‘(E) Any subsequent revision of a national primary
drinking water regulation for contaminants regulated in
accordance with subparagraph (C) or (D) (where such revi-
sion is pursuant to the standard setting language of sub-
paragraph (B)) shall, at a minimum, provide greater pro-
tection of the health of persons than the regulation in effect
on the date of enactment of the Safe Drinking Water Act
Amendments of 1994 for such contaminant or, in the case
of contaminants subject to subparagraph (C), than the regu-
lation promulgated under subparagraph (C). If the Admin-
istrator does not promulgate such regulation in accordance
with subparagraph (B) because such greater protection is
not achievable, the Administrator may initiate a new rule-
making pursuant to subparagraph (A) or retain the exist-
ing national primary drinking water regulations.
‘‘(F) In the absence of scientific evidence suggesting
new or more serious health effects than existing on the date
of enactment of the Safe Drinking Water Act Amendments
of 1994, for purposes of proposal and promulgation after
such date of a national primary drinking water regulation
for sulfate, the Administrator shall include—
‘‘(i) best technology or other means under sub-
section (b)(5), and
‘‘(ii) public notification and options for provi-
sion of alternative water to populations at risk as al-
ternative means for complying with such regulation.
Such proposal shall be made within 6 months after such
date of enactment and such rule shall be promulgated with-
in 2 years after such date of enactment.
‘‘(G)(i) Except as provided in clause (ii), notwith-
standing any provision of any law enacted prior to the en-
actment of the Safe Drinking Water Act Amendments of
1994, within 6 months of such date of enactment, the Ad-
ministrator shall promulgate a national primary drinking
water regulation for radon.
‘‘(ii) For the period of 5 years from the date of promul-
gation of the regulation under clause (i) or from the end
of the 6-month period referred to in such clause, whichever
comes first, such regulation shall provide that public water
systems may comply with an alternative maximum con-
taminant level of 1000 picocuries per liter. If the Congress
enacts legislation which reauthorizes the Indoor Radon
Abatement Act in the 103d or 104th Congress, such alter-
native maximum contaminant level shall thereafter be
deemed to be the applicable maximum contaminant level
for purposes of such regulation.’’.
(3) In the first sentence of subsection (b)(7)(A),
strike the word ‘‘ascertain’’ and insert ‘‘measure’’.
(4) In subsection (b)(9) strike ‘‘3-year’’ and in-
sert ‘‘5-year’’. No change to section 1412(b)(9) made
by this Act shall be a basis for delaying the promul-
gation of any rule proposal pursuant to section
1412(b)(9) prior to the date of the enactment of this
Act.
(5) Add the following new subsection at the end
thereof:
‘‘(f) METHODOLOGIES; RISK ASSESSMENT.—(1) The
Administrator, in carrying out the provisions of this title,
is expected, consistent with the intent of Congress, to use
at all times sound, unbiased, and objective scientific prac-
tices and methodologies. The Administrator, in carrying out
the Administrator’s responsibilities under this title, shall
ensure that the presentation of information on significant
health risks is unbiased and informative.
‘‘(2) To the extent feasible, documents made available
to the general public which describe the degree of risk from
exposure shall, at a minimum, characterize the population
or populations, (including any identifiable subpopulations,
as referred to in section 1412(b)(5)(B)(ii), at greater risk
than the general population) addressed by any agency risk
estimates; state the expected risk for the specific population;
and state the reasonable range or other equivalent descrip-
tion of uncertainty in the assessment process.’’.
SEC. 5. SMALL SYSTEM TECHNOLOGY.
Section 1412(b)(6) is amended to read as follows:
‘‘(6)(A) For purposes of this section and section 1415,
at the time the Administrator proposes and promulgates a
national primary drinking water regulation establishing a
maximum contaminant level for any contaminant, the Ad-
ministrator shall propose and promulgate a listing of the
best technology or other means available for achieving com-
pliance with such regulation for large public water systems,
and a listing of the best technology or other means, if any,
available for achieving compliance with such regulation for
public water systems in each of the following categories:
‘‘(i) Systems serving fewer than 10,000 persons
but not fewer than 3,300 persons.
‘‘(ii) Systems serving 3,300 persons or fewer.
In proposing and promulgating lists for systems described
in clauses (i) and (ii), the Administrator shall consider cost
variations associated with system size.
‘‘(B) For purposes of this section and section 1415, at
the time the Administrator proposes and promulgates a na-
tional primary drinking water regulation establishing a
treatment technique for any contaminant, the Adminis-
trator shall propose and promulgate, for large public water
systems, and for systems in the size ranges referred to in
clause (i) and (ii) of subparagraph (A), a listing of the best
technology or other means, if any, available for achieving
a level of protection for public health equivalent to the level
of protection provided by such treatment technique for sys-
tems in such size ranges.
‘‘(C) A listing under this paragraph of the best tech-
nology or other means under subparagraph (A) shall not
be construed to require or authorize that any specified tech-
nology or other means be used for purpose of meeting any
national primary drinking water regulation.
‘‘(D) A listing under this paragraph of the best tech-
nology or other means shall provide as much reliable infor-
mation as practicable on performance, effectiveness, limita-
tions, costs, and other relevant factors in support of the list-
ing, including the applicability of such technology or other
means to surface and underground source waters, or both.
Consistent with such reliable information, each State exer-
cising primary enforcement responsibility for such systems
shall presume (pending the availability of monitoring data,
pending availability of information on a system’s viability,
including the availability of financial assistance under this
title, and pending other relevant factors) that use of such
technology or other means should enable the public water
system concerned to meet the national primary drinking
water regulation.
‘‘(E) The Administrator shall, on a continuing basis,
assess the engineering feasibility, performance, effectiveness,
costs, and limitations of best technologies and other means
of meeting national primary drinking water regulations,
and may, by rule, revise the list under subparagraph (A)
or (B) as appropriate.
‘‘(F) As used in this paragraph, the term ‘best tech-
nology’ for public water systems shall include, whenever ap-
propriate, innovative and alternative technologies.
‘‘(G) At any time after the promulgation of a national
primary drinking water regulation, the Administrator may
add to the lists under this paragraph, by guidance pub-
lished in the Federal Register, any new or innovative tech-
nology or other means. A State may treat such technologies
in the same manner as those listed pursuant to subpara-
graph (A) or (B).
‘‘(H) To the greatest extent possible, within 24 months
after the enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Administrator shall publish each of the
following for public water systems in the size ranges re-
ferred to in clauses (i) and (ii) of subparagraph (A)—
‘‘(i) For contaminants subject to a maximum
contaminant level promulgated prior to such publica-
tion, a list of best technologies available that achieve
compliance with such maximum contaminant level.
‘‘(ii) For contaminants subject to a treatment
technique promulgated prior to such publication, a
list of alternative technologies that achieve a level of
protection of public health equivalent to the level of
protection provided by such treatment technique.’’.
SEC. 6. AMENDMENTS TO SECTION 1413.
(a) EMERGENCY
PLANS.—Section 1413(a)(5) is
amended by inserting after ‘‘emergency circumstances’’ the
following: ‘‘including earthquakes, floods, hurricanes, and
other natural disasters’’.
(b) PROTECTION OF DRINKING WATER DISTRIBUTION
SYSTEMS.—Section 1413(a) is amended by adding the fol-
lowing after paragraph (6), as added by section 7(a):
‘‘(7) has adopted (pursuant to guidance issued
by the Administrator not later than 3 years after the
date of the enactment of the Safe Drinking Water Act
Amendments of 1994) and implemented requirements
for public water systems in the State to take feasible
measures to protect the distribution system from con-
tamination due to leakage from sewer lines.’’.
(c) RECYCLING OF FILTER BACKWASH.—Section 1413
is amended by adding at the end thereof the following: