119
regulations or otherwise significantly further the health
protection objectives of this title.
‘‘(2) The Administrator shall publish such guidance
and promulgate such regulations as may be necessary to
carry out the provisions of this section, including—
‘‘(A) provisions to ensure that each State com-
mits and expends funds allotted to the State under
this section as efficiently as possible in accordance
with this title and applicable State laws,
‘‘(B) guidance to prevent waste, fraud, and
abuse, and
‘‘(C) guidance to avoid the use of funds made
available under this section to finance the expansion
of any public water system in anticipation of future
population growth.
Such guidance and regulations shall also insure that the
States, and public water systems receiving assistance
under this section, use accounting, audit, and fiscal proce-
dures that conform to generally accepted accounting
standards.
‘‘(3) Each State administering a revolving fund and
assistance program under this subsection shall publish and
submit to the Administrator a report every 2 years on its
activities under this subsection, including the findings of
the most recent audit of the fund and the entire State
120
allotment. The Administrator shall periodically audit all
revolving funds established by, and all other amounts al-
lotted to, the States pursuant to this subsection in accord-
ance with procedures established by the Comptroller Gen-
eral.
‘‘(h) NEEDS SURVEY.—The Administrator shall con-
duct an assessment of water system capital improvements
needs of all eligible public water systems in the United
States and submit a report to the Congress containing the
results of such assessment within 180 days after the date
of the enactment of the Safe Drinking Water Act Amend-
ments of 1996 and every 4 years thereafter.
‘‘(i) INDIAN TRIBES.—11⁄2 percent of the amounts
appropriated annually to carry out this section may be
used by the Administrator to make grants to Indian
Tribes and Alaskan Native Villages which are not other-
wise eligible to receive either grants from the Adminis-
trator under this section or assistance from State revolv-
ing funds established under this section. Such grants may
only be used for expenditures by such tribes and villages
for public water system expenditures referred to in sub-
section (a)(2).
‘‘(j) OTHER AREAS.—Of the funds annually available
under this section for grants to States, the Administrator
shall make allotments in accordance with section
121
1443(a)(4) for the District of Columbia, the Virgin Is-
lands, the Commonwealth of the Northern Mariana Is-
lands, American Samoa, Guam, and the Republic of
Palau. The grants allotted as provided in this subsection
may be provided by the Administrator to the governments
of such areas, to public water systems in such areas, or
to both, to be used for the public water system expendi-
tures referred to in subsection (a)(2). Such grants shall
not be deposited in revolving funds. The total allotment
of grants under this section for all areas described in this
paragraph in any fiscal year shall not exceed 1 percent
of the aggregate amount made available to carry out this
section in that fiscal year.
‘‘(k) SET-ASIDES.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(a)(2), a State may take each of the following ac-
tions:
‘‘(A) Provide assistance, only in the form
of a loan to one or both of the following:
‘‘(i) Any public water system de-
scribed in subsection (a)(2) to acquire land
or a conservation easement from a willing
seller or grantor, if the purpose of the ac-
quisition is to protect the source water of
the system from contamination and to en-
122
sure compliance with national primary
drinking water regulations.
‘‘(ii) Any community water system to
implement local, voluntary source water
protection measures to protect source
water in areas delineated pursuant to sec-
tion 1428(l), in order to facilitate compli-
ance with national primary drinking water
regulations applicable to such system
under section 1412 or otherwise signifi-
cantly further the health protection objec-
tives of this title. Funds authorized under
this clause may be used to fund only vol-
untary, incentive-based mechanisms.
‘‘(B) Provide assistance, including tech-
nical and financial assistance, to any public
water system as part of a capacity development
strategy developed and implemented in accord-
ance with section 1419(c).
‘‘(C) Make expenditures from the capital-
ization grant of the State for fiscal years 1996
and 1997 to delineate and assess source water
protection areas in accordance with section
1428(l), except that funds set aside for such ex-
123
penditure shall be obligated within 4 fiscal
years.
‘‘(D) Make expenditures from the fund for
the establishment and implementation of well-
head protection programs under section 1428.
‘‘(2) LIMITATION.—For each fiscal year, the
total amount of assistance provided and expendi-
tures made by a State under this subsection may not
exceed 15 percent of the amount of the capitaliza-
tion grant received by the State for that year and
may not exceed 10 percent of that amount for any
one of the following activities:
‘‘(A) To acquire land or conservation ease-
ments pursuant to paragraph (1)(A)(i).
‘‘(B) To provide funding to implement vol-
untary, incentive-based source water quality
protection measures pursuant to paragraph
(1)(A)(ii).
‘‘(C) To provide assistance through a ca-
pacity development strategy pursuant to para-
graph (1)(B).
‘‘(D) To make expenditures to delineate or
assess source water protection areas pursuant
to paragraph (1)(C).
124
‘‘(E) To make expenditures to establish
and implement wellhead protection programs
pursuant to paragraph (1)(D).
‘‘(3) STATUTORY CONSTRUCTION.—Nothing in
this section creates or conveys any new authority to
a State, political subdivision of a State, or commu-
nity water system for any new regulatory measure,
or limits any authority of a State, political subdivi-
sion of a State or community water system.
‘‘(l) SAVINGS.—The failure or inability of any public
water system to receive funds under this section or any
other loan or grant program, or any delay in obtaining
the funds, shall not alter the obligation of the system to
comply in a timely manner with all applicable drinking
water standards and requirements of this title.
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out the purposes
of this section $599,000,000 for the fiscal year 1994 and
$1,000,000,000 for each of the fiscal years 1995 through
2003. Sums shall remain available until expended.
‘‘(n) HEALTH EFFECTS STUDIES.—From funds ap-
propriated pursuant to this section for each fiscal year,
the Administrator shall reserve $10,000,000 for health ef-
fects studies on drinking water contaminants authorized
by section 1442. In allocating funds made available under
125
this subsection, the Administrator shall give priority to
studies concerning the health effects of cryptosporidium,
disinfection byproducts, and arsenic, and the implementa-
tion of a plan for studies of subpopulations at greater risk
of adverse effects.
‘‘(o) DEMONSTRATION PROJECT FOR STATE OF VIR-
GINIA.—Notwithstanding the other provisions of this sub-
section limiting the use of funds deposited in a State re-
volving fund from any State allotment, the State of Vir-
ginia may, as a single demonstration and with the ap-
proval of the Virginia General Assembly and the Adminis-
trator, conduct a program to demonstrate alternative ap-
proaches to intergovernmental coordination to assist in the
financing of new drinking water facilities in the following
rural communities in southwestern Virginia where none
exists on the date of the enactment of the Safe Drinking
Water Act Amendments of 1996 and where such commu-
nities are experiencing economic hardship: Lee County,
Wise County, Scott County, Dickenson County, Russell
County, Buchanan County, Tazewell County, and the city
of Norton, Virginia. The funds allotted to that State and
deposited in the State revolving fund may be loaned to
a regional endowment fund for the purpose set forth in
this paragraph under a plan to be approved by the Admin-
126
istrator. The plan may include an advisory group that in-
cludes representatives of such counties.
‘‘(p) SMALL SYSTEM TECHNICAL ASSISTANCE.—The
Administrator may reserve up to 2 percent of the total
funds appropriated pursuant to subsection (m) for each
of the fiscal years 1997 through 2003 to carry out the
provisions of section 1442(e), relating to technical assist-
ance for small systems.’’.
SEC. 309. WATER CONSERVATION PLAN.
Part E is amended by adding at the end the follow-
ing:
‘‘SEC. 1453. WATER CONSERVATION PLAN.
‘‘(a) GUIDELINES.—Not later than 2 years after the
date of the enactment of the Safe Drinking Water Act
Amendments of 1996, the Administrator shall publish in
the Federal Register guidelines for water conservation
plans for public water systems serving fewer than 3,300
persons, public water systems serving between 3,300 and
10,000 persons, and public water systems serving more
than 10,000 persons, taking into consideration such fac-
tors as water availability and climate.
‘‘(b) SRF LOANS OR GRANTS.—Within 1 year after
publication of the guidelines under subsection (a), a State
exercising primary enforcement responsibility for public
water systems may require a public water system, as a
127
condition of receiving a loan or grant from a State revolv-
ing fund under section 1452, to submit with its application
for such loan or grant a water conservation plan consistent
with such guidelines.’’.
TITLE IV—MISCELLANEOUS
SEC. 401. DEFINITIONS.
(a) ALTERNATIVE QUALITY CONTROL AND TESTING
PROCEDURES.—Section 
1401(1)(D) 
(42 
U.S.C.
300f(1)(D)) is amended by adding the following at the end
thereof: ‘‘At any time after promulgation of a regulation
referred to in this paragraph, the Administrator may add
equally effective quality control and testing procedures by
guidance published in the Federal Register. Such proce-
dures shall be treated as an alternative for public water
systems to the quality control and testing procedures list-
ed in the regulation.’’.
(b) PUBLIC WATER SYSTEM.—
(1) IN GENERAL.—Section 1401(4) (42 U.S.C.
300f(4)) is amended—
(A) in the first sentence, by striking
‘‘piped water for human consumption’’ and in-
serting ‘‘water for human consumption through
pipes or other constructed conveyances’’;
(B) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
128
(C) by striking ‘‘(4) The’’ and inserting
the following:
‘‘(4) PUBLIC WATER SYSTEM.—
‘‘(A) IN GENERAL.—The’’; and
(D) by adding at the end the following:
‘‘(B) CONNECTIONS.—
‘‘(i) IN
GENERAL.—For purposes of
subparagraph (A), a connection to a sys-
tem that delivers water by a constructed
conveyance other than a pipe shall not be
considered a connection, if—
‘‘(I) the water is used exclusively
for purposes other than residential
uses (consisting of drinking, bathing,
and cooking, or other similar uses);
‘‘(II) the Administrator or the
State (in the case of a State exercis-
ing primary enforcement responsibility
for public water systems) determines
that alternative water to achieve the
equivalent level of public health pro-
tection provided by the applicable na-
tional primary drinking water regula-
tion is provided for residential or simi-
129
lar uses for drinking, cooking, and
bathing; or
‘‘(III) the Administrator or the
State (in the case of a State exercis-
ing primary enforcement responsibility
for public water systems) determines
that the water provided for residential
or similar uses for drinking, cooking,
and bathing is centrally treated or
treated at the point of entry by the
provider, a pass-through entity, or the
user to achieve the equivalent level of
protection provided by the applicable
national primary drinking water regu-
lations.
‘‘(ii) IRRIGATION DISTRICTS.—An irri-
gation district in existence prior to May
18, 1994, that provides primarily agricul-
tural service through a piped water system
with only incidental residential or similar
use shall not be considered to be a public
water system if the system or the residen-
tial or similar users of the system comply
with subclause (II) or (III) of clause (i).
130
‘‘(C) TRANSITION PERIOD.—A water sup-
plier that would be a public water system only
as a result of modifications made to this para-
graph by the Safe Drinking Water Act Amend-
ments of 1995 shall not be considered a public
water system for purposes of the Act until the
date that is two years after the date of enact-
ment of this subparagraph. If a water supplier
does not serve 15 service connections (as de-
fined in subparagraphs (A) and (B)) or 25 peo-
ple at any time after the conclusion of the two-
year period, the water supplier shall not be con-
sidered a public water system.’’.
(2) GAO STUDY.—The Comptroller General of
the United States shall undertake a study to—
(A) ascertain the numbers and locations of
individuals and households relying for their res-
idential water needs, including drinking, bath-
ing, and cooking (or other similar uses) on irri-
gation water systems, mining water systems, in-
dustrial water systems or other water systems
covered by section 1401(4)(B) of the Safe
Drinking Water Act that are not public water
systems subject to the Safe Drinking Water
Act;
131
(B) determine the sources and costs and
affordability (to users and systems) of water
used by such populations for their residential
water needs; and
(C) review State and water system compli-
ance with the exclusion provisions of section
1401(4)(B) of such Act.
The Comptroller General shall submit a report to
the Congress within 3 years after the enactment of
this Act containing the results of such study.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
(a) GENERAL.—Part A (42 U.S.C. 300f) is amended
by adding the following new section after section 1401:
‘‘SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
title for the first 7 fiscal years following the enactment
of the Safe Drinking Water Act Amendments of 1996.’’.
(b) CRITICAL AQUIFER PROTECTION.—Section 1427
(42 U.S.C. 300h–6) is amended as follows:
(1) Subsection (b)(1) is amended by striking
‘‘not later than 24 months after the enactment of
the Safe Drinking Water Act Amendments of
1986’’.
132
(2) The table in subsection (m) is amended by
adding at the end the following:
‘‘1992–2003 ..............................................................................
15,000,000.’’.
(c) WELLHEAD PROTECTION AREAS.—The table in
section 1428(k) (42 U.S.C. 300h–7(k)) is amended by
adding at the end the following:
‘‘1992–2003 ..............................................................................
30,000,000.’’.
(d) UNDERGROUND INJECTION CONTROL GRANT.—
The table in section 1443(b)(5) (42 U.S.C. 300j–2(b)(5))
is amended by adding at the end the following:
‘‘1992–2003 ..............................................................................
15,000,000.’’.
SEC. 403. NEW YORK CITY WATERSHED PROTECTION PRO-
GRAM.
Section 1443 (42 U.S.C. 300j-2) is amended by add-
ing at the end the following:
‘‘(d) NEW YORK CITY WATERSHED PROTECTION
PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator is au-
thorized to provide financial assistance to the State
of New York for demonstration projects imple-
mented as part of the watershed program for the
protection and enhancement of the quality of source
waters of the New York City water supply system.
Demonstration projects which shall be eligible for fi-
nancial assistance shall be certified to the Adminis-
trator by the State of New York as satisfying the
133
purposes of this subsection and shall include those
projects that demonstrate, assess, or provide for
comprehensive monitoring, surveillance, and analysis
with respect to the efficacy of phosphorus offsets or
trading, wastewater diversion, septic system siting
and maintenance, innovative or enhanced wastewater
treatment technologies, innovative methodologies for
the control of storm water runoff, urban, agricul-
tural, and forestry best management practices for
controlling nonpoint source pollution, operator train-
ing, compliance surveillance and that establish wa-
tershed or basin-wide coordinating, planning or gov-
erning organizations. In certifying projects to the
Administrator, the State of New York shall give pri-
ority to these monitoring projects that have under-
gone peer review.
‘‘(2) REPORT.—Not later than 5 years after the
date on which the Administrator first provides as-
sistance pursuant to this paragraph, the Governor of
the State of New York shall submit a report to the
Administrator on the results of projects assisted.
‘‘(3) MATCHING REQUIREMENTS.—Federal as-
sistance provided under this subsection shall not ex-
ceed 35 percent of the total cost of the protection
134
program being carried out for any particular water-
shed or ground water recharge area.
‘‘(4) AUTHORIZATION.—There are authorized to
be appropriated to the Administrator such sums as
are necessary to carry out this subsection for each
of fiscal years 1997 through 2003 including
$15,000,000 for each of such fiscal years for the
purpose of providing assistance to the State of New
York to carry out paragraph (2).’’.
SEC. 404. ESTROGENIC SUBSTANCES SCREENING PRO-
GRAM.
Part F is amended by adding the following at the
end thereof:
‘‘SEC. 1470. ESTROGENIC SUBSTANCES SCREENING PRO-
GRAM.
‘‘(a) DEVELOPMENT.—Not later than 2 years after
the date of enactment of this section, the Administrator
shall develop a screening program, using appropriate vali-
dated test systems and other scientifically relevant infor-
mation, to determine whether certain substances may have
an effect in humans that is similar to an effect produced
by a naturally occurring estrogen, or such other endocrine
effect as the Administrator may designate.
‘‘(b) IMPLEMENTATION.—Not later than 3 years
after the date of enactment of this section, after obtaining
135
public comment and review of the screening program de-
scribed in subsection (a) by the scientific advisory panel
established under section 25(d) of the Act of June 25,
1947 (chapter 125) or the Science Advisory Board estab-
lished by section 8 of the Environmental Research, Devel-
opment, and Demonstration Act of 1978 (42 U.S.C.
4365), the Administrator shall implement the program.
‘‘(c) SUBSTANCES.—In carrying out the screening
program described in subsection (a), the Administrator—
‘‘(1) shall provide for the testing of all active
and inert ingredients used in products described in
section 103(e) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9603(e)) that may be found in sources
of drinking water, and
‘‘(2) may provide for the testing of any other
substance that may be found in sources of drinking
water if the Administrator determines that a sub-
stantial population may be exposed to such sub-
stance.
‘‘(d) EXEMPTION.—Notwithstanding subsection (c),
the Administrator may, by order, exempt from the require-
ments of this section a biologic substance or other sub-
stance if the Administrator determines that the substance
136
is anticipated not to produce any effect in humans similar
to an effect produced by a naturally occurring estrogen.
‘‘(e) COLLECTION OF INFORMATION.—
‘‘(1) IN
GENERAL.—The Administrator shall
issue an order to a person that registers, manufac-
tures, or imports a substance for which testing is re-
quired under this subsection to conduct testing in
accordance with the screening program described in
subsection (a), and submit information obtained
from the testing to the Administrator, within a rea-
sonable time period that the Administrator deter-
mines is sufficient for the generation of the informa-
tion.
‘‘(2) PROCEDURES.—To the extent practicable
the Administrator shall minimize duplicative testing
of the same substance for the same endocrine effect,
develop, as appropriate, procedures for fair and eq-
uitable sharing of test costs, and develop, as nec-
essary, procedures for handling of confidential busi-
ness information.
‘‘(3) FAILURE OF REGISTRANTS TO SUBMIT IN-
FORMATION.—
‘‘(A) SUSPENSION.—If a person required
to register a substance referred to in subsection
(c)(1) fails to comply with an order under para-
137
graph (1) of this subsection, the Administrator
shall issue a notice of intent to suspend the sale
or distribution of the substance by the person.
Any suspension proposed under this paragraph
shall become final at the end of the 30-day pe-
riod beginning on the date that the person re-
ceives the notice of intent to suspend, unless
during that period a person adversely affected
by the notice requests a hearing or the Admin-
istrator determines that the person referred to
in paragraph (1) has complied fully with this
subsection.
‘‘(B) HEARING.—If a person requests a
hearing under subparagraph (A), the hearing
shall be conducted in accordance with section
554 of title 5, United States Code. The only
matter for resolution at the hearing shall be
whether the person has failed to comply with an
order under paragraph (1) of this subsection. A
decision by the Administrator after completion
of a hearing shall be considered to be a final
agency action.
‘‘(C) TERMINATION
OF
SUSPENSIONS.—
The Administrator shall terminate a suspension
under this paragraph issued with respect to a
138
person if the Administrator determines that the
person has complied fully with this subsection.
‘‘(4) NONCOMPLIANCE BY OTHER PERSONS.—
Any person (other than a person referred to in para-
graph (3)) who fails to comply with an order under
paragraph (1) shall be liable for the same penalties
and sanctions as are provided under section 16 of
the Toxic Substances Control Act (15 U.S.C. 2601
and following) in the case a violation referred to in
that section. Such penalties and sanctions shall be
assessed and imposed in the same manner as pro-
vided in such section 16.
‘‘(f) AGENCY ACTION.—In the case of any substance
that is found, as a result of testing and evaluation under
this section, to have an endocrine effect on humans, the
Administrator shall, as appropriate, take action under
such statutory authority as is available to the Adminis-
trator, including consideration under other sections of this
Act, as is necessary to ensure the protection of public
health.
‘‘(g) REPORT TO CONGRESS.—Not later than 4 years
after the date of enactment of this section, the Adminis-
trator shall prepare and submit to Congress a report con-
taining—
139
‘‘(1) the findings of the Administrator resulting
from the screening program described in subsection
(a);
‘‘(2) recommendations for further testing need-
ed to evaluate the impact on human health of the
substances tested under the screening program; and
‘‘(3) recommendations for any further actions
(including any action described in subsection (f))
that the Administrator determines are appropriate
based on the findings.
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall
be construed to amend or modify the provisions of the
Toxic Substances Control Act or the Federal Insecticide,
Fungicide, and Rodenticide Act.’’.
SEC. 405. REPORTS ON PROGRAMS ADMINISTERED DI-
RECTLY BY ENVIRONMENTAL PROTECTION
AGENCY.
For States and Indian Tribes in which the Adminis-
trator of the Environmental Protection Agency has re-
voked primary enforcement responsibility under part B of
title XIV of the Public Health Service Act (which title is
commonly known as the Safe Drinking Water Act) or is
otherwise administering such title, the Administrator shall
provide every 2 years, a report to Congress on the imple-
140
mentation by the Administrator of all applicable require-
ments of that title in such States.
SEC. 406. RETURN FLOWS.
Section 3013 of Public Law 102–486 (42 U.S.C.
13551) shall not apply to drinking water supplied by a
public water system regulated under title XIV of the Pub-
lic Health Service Act (the Safe Drinking Water Act).
SEC. 407. EMERGENCY POWERS.
Section 1431(b) is amended by striking out ‘‘$5,000’’
and inserting in lieu thereof ‘‘$15,000’’.
SEC. 408. WATERBORNE DISEASE OCCURRENCE STUDY.
(a) SYSTEM.—The Director of the Centers for Dis-
ease Control and Prevention, and the Administrator of the
Environmental Protection Agency, shall jointly establish—
(1) within 2 years after the date of enactment
of this Act, pilot waterborne disease occurrence stud-
ies for at least 5 major United States communities
or public water systems; and
(2) within 5 years after the date of enactment
of this Act, a report on the findings of the pilot
studies, and a national estimate of waterborne dis-
ease occurrence.
(b) TRAINING AND EDUCATION.—The Director and
Administrator shall jointly establish a national health care
provider training and public education campaign to inform
141
both the professional health care provider community and
the general public about waterborne disease and the symp-
toms that may be caused by infectious agents, including
microbial contaminants. In developing such a campaign,
they shall seek comment from interested groups and indi-
viduals, including scientists, physicians, State and local
governments, environmental groups, public water systems,
and vulnerable populations.
(c) FUNDING.—The Administrator may use not more
than $2,000,000 of the funds from amounts reserved
under section 1452(n) for health effects studies for pur-
poses of this section and may transfer a portion of such
funds to the Centers for Disease Control and Prevention
for such purposes. There are authorized to be appro-
priated such additional sums as may be necessary to carry
out this section.
SEC. 409. DRINKING WATER STUDIES.
(a) SUBPOPULATIONS AT GREATER RISK.—The Ad-
ministrator of the Environmental Protection Agency shall
conduct a continuing program of studies to identify groups
within the general population that are at greater risk than
the general population of adverse health effects from expo-
sure to contaminants in drinking water. The study shall
examine whether and to what degree infants, children,
pregnant women, the elderly, individuals with a history of
142
serious illness, or other subpopulations that can be identi-
fied and characterized are likely to experience elevated
health risks, including risks of cancer, from contaminants
in drinking water.
(b) BIOLOGICAL MECHANISMS.—The Administrator
shall conduct studies to—
(1) understand the biomedical mechanisms by
which chemical contaminants are absorbed, distrib-
uted, metabolized, and eliminated from the human
body, so as to develop more accurate physiologically
based models of the phenomena;
(2) understand the effects of contaminants and
the biomedical mechanisms by which the contami-
nants cause adverse effects (especially noncancer
and infectious effects) and the variations in the ef-
fects among humans, especially subpopulations at
greater risk of adverse effects, and between test ani-
mals and humans; and
(3) develop new approaches to the study of
complex mixtures, such as mixtures found in drink-
ing water, especially to determine the prospects for
synergistic or antagonistic interactions that may af-
fect the shape of the dose-response relationship of
the individual chemicals and microbes, and to exam-
143
ine noncancer endpoints and infectious diseases, and
susceptible individuals and subpopulations.
(c) STUDIES ON HARMFUL SUBSTANCES IN DRINK-
ING WATER.—
(1) DEVELOPMENT OF STUDIES.—The Admin-
istrator shall, after consultation with the Secretary
of Health and Human Services, the Secretary of Ag-
riculture, and, as appropriate, the heads of other
Federal agencies, conduct the studies described in
paragraph (2) to support the development and im-
plementation of the most current version of each of
the following:
(A) Enhanced surface water treatment rule
(59 Fed. Reg. 38832 (July 29, 1994)).
(B) Disinfectant and disinfection byprod-
ucts rule (59 Fed. Reg. 38668 (July 29,
1994)).
(C) Ground water disinfection rule (avail-
ability of draft summary announced at (57 Fed.
Reg. 33960 (July 31, 1992)).
(2) CONTENTS OF STUDIES.—
(A) IN GENERAL.—The studies required by
paragraph (1) shall include, at a minimum,
each of the following:
144
(i) An identification and characteriza-
tion of new disinfection byproducts associ-
ated with the use of different disinfectants.
(ii) Toxicological studies and, if war-
ranted, epidemiological studies to deter-
mine what levels of exposure from dis-
infectants and disinfection byproducts, if
any, may be associated with developmental
and birth defects and other potential toxic
end points.
(iii) Toxicological studies and, if war-
ranted, epidemiological studies to quantify
the carcinogenic potential from exposure to
disinfection byproducts resulting from dif-
ferent disinfectants.
(iv) The development of practical ana-
lytical methods for detecting and enumer-
ating microbial contaminants, including
giardia, cryptosporidium, and viruses.
(v) The development of reliable, effi-
cient, and economical methods to deter-
mine 
the 
viability 
of 
individual
cryptosporidium oocysts.
145
(vi) The development of dose-response
curves 
for 
pathogens, 
including
cryptosporidium and the Norwalk virus.
(vii) The development of indicators
that define treatment effectiveness for
pathogens and disinfection byproducts.
(viii) Bench, pilot, and full-scale stud-
ies and demonstration projects to evaluate
optimized conventional treatment, ozone,
granular activated carbon, and membrane
technology for controlling pathogens (in-
cluding cryptosporidium) and disinfection
byproducts.
(B) RISK
DEFINITION
STRATEGY.—The
studies under this subsection shall include a
strategy for determining the risks and esti-
mated extent of disease resulting from patho-
gens, disinfectants, and disinfection byproducts
in drinking water, and the costs and removal ef-
ficiencies associated with various control meth-
ods for pathogens, disinfectants, and disinfec-
tion byproducts.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
146
this subsection $12,500,000 for each of fiscal years
1997 through 2003.
SEC. 410. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 349) is amended as follows:
(1) By striking ‘‘Whenever’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever’’.
(2) By adding at the end thereof the following
new subsection:
‘‘(b)(1) Not later than 180 days before the effective
date of a national primary drinking water regulation pro-
mulgated by the Administrator of the Environmental Pro-
tection Agency for a contaminant under section 1412 of
the Public Health Service Act (42 U.S.C. 300g–1), the
Secretary shall promulgate a standard of quality regula-
tion under this subsection for that contaminant in bottled
water or make a finding that such a regulation is not nec-
essary to protect the public health because the contami-
nant is contained in water in public water systems (as de-
fined under section 1401(4) of such Act (42 U.S.C.
300f(4)) but not in water used for bottled drinking water.
The effective date for any such standard of quality regula-
tion shall be the same as the effective date for such na-
tional primary drinking water regulation, except for any
standard of quality of regulation promulgated by the Sec-
147
retary before the date of enactment of the Safe Drinking
Water Act Amendments of 1996 for which (as of such date
of enactment) an effective date had not been established.
In the case of a standard of quality regulation to which
such exception applies, the Secretary shall promulgate
monitoring requirements for the contaminants covered by
the regulation not later than 2 years after such date of
enactment. Such monitoring requirements shall become ef-
fective not later than 180 days after the date on which
the monitoring requirements are promulgated.
‘‘(2) A regulation issued by the Secretary as provided
in this subsection shall include any monitoring require-
ments that the Secretary determines appropriate for bot-
tled water.
‘‘(3) A regulation issued by the Secretary as provided
in this subsection shall require the following:
‘‘(A) In the case of contaminants for which a
maximum contaminant level is established in a na-
tional primary drinking water regulation under sec-
tion 1412 of the Public Health Service Act, the reg-
ulation under this subsection shall establish a maxi-
mum contaminant level for the contaminant in bot-
tled water which is no less stringent than the maxi-
mum contaminant level provided in the national pri-
mary drinking water regulation.
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‘‘(B) In the case of contaminants for which a
treatment technique is established in a national pri-
mary drinking water regulation under section 1412
of the Public Health Service Act, the regulation
under this subsection shall require that bottled water
be subject to requirements no less protective of the
public health than those applicable to water provided
by public water systems using the treatment tech-
nique required by the national primary drinking
water regulation.
‘‘(4)(A) If the Secretary does not promulgate a regu-
lation under this subsection within the period described
in paragraph (1), the national primary drinking water reg-
ulation referred to in paragraph (1) shall be considered,
as of the date on which the Secretary is required to estab-
lish a regulation under paragraph (1), as the regulation
applicable under this subsection to bottled water.
‘‘(B) In the case of a national primary drinking water
regulation that pursuant to subparagraph (A) is consid-
ered to be a standard of quality regulation, the Secretary
shall, not later than the applicable date referred to in such
subparagraph, publish in the Federal Register a notice—
‘‘(i) specifying the contents of such regulation,
including monitoring requirements, and
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‘‘(ii) providing that for purposes of this para-
graph the effective date for such regulation is the
same as the effective date for the regulation for pur-
poses of title XIV of the Public Health Service Act
(or, if the exception under paragraph (1) applies to
the regulation, that the effective date for the regula-
tion is 2 years and 180 days after the date of the
enactment of the Safe Drinking Water Act Amend-
ments of 1996).’’.
SEC. 411. CLERICAL AMENDMENTS.
(a) PART B.—Part B (42 U.S.C. 300g and following)
is amended as follows:
(1) In section 1412(b)(2)(C) by striking ‘‘para-
graph (3)(a)’’ and inserting ‘‘paragraph (3)(A)’’.
(2) In section 1415(a)(1)(A) by inserting ‘‘the’’
before ‘‘time the variance is granted’’.
(b) PART C.—Part C (42 U.S.C. 300h and following)
is amended as follows:
(1) In section 1421(b)(3)(B)(i) by striking
‘‘number or States’’ and inserting ‘‘number of
States’’.
(2) In section 1427(k) by striking ‘‘this sub-
section’’ and inserting ‘‘this section’’.
(c) PART E.—Section 1441(f) (42 U.S.C. 300j(f)) is
amended by inserting a period at the end.
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(d) SECTION 1465(b).—Section 1465(b) (42 U.S.C.
300j–25) is amended by striking ‘‘as by’’ and inserting
‘‘by’’.
(e) SHORT TITLE.—Section 1 of Public Law 93–523
(88 Stat. 1600) is amended by inserting ‘‘of 1974’’ after
‘‘Act’’ and title XIV of the Public Health Service Act is
amended by inserting the following immediately before
part A:
‘‘SEC. 1400. SHORT TITLE AND TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This title may be cited as the
‘‘Safe Drinking Water Act’’.
‘‘(b) TABLE OF CONTENTS.—
‘‘TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS
‘‘Sec. 1400. Short title and table of contents.
‘‘PART A—DEFINITIONS
‘‘Sec. 1401. Definitions.
‘‘Sec. 1402. Authorization of appropriations.
‘‘PART B—PUBLIC WATER SYSTEMS
‘‘Sec. 1411. Coverage.
‘‘Sec. 1412. National drinking water regulations.
‘‘Sec. 1413. State primary enforcement responsibility.
‘‘Sec. 1414. Enforcement of drinking water regulations.
‘‘Sec. 1415. Variances.
‘‘Sec. 1416. Exemptions.
‘‘Sec. 1417. Prohibition on use of lead pipes, solder, and flux.
‘‘Sec. 1418. Monitoring of contaminants.
‘‘PART C—PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER
‘‘Sec. 1421. Regulations for State programs.
‘‘Sec. 1422. State primary enforcement responsibility.
‘‘Sec. 1423. Enforcement of program.
‘‘Sec. 1424. Interim regulation of underground injections.
‘‘Sec. 1425. Optional demonstration by States relating to oil or natural gas.
‘‘Sec. 1426. Regulation of State programs.
‘‘Sec. 1427. Sole source aquifer demonstration program.
‘‘Sec. 1428. State programs to establish wellhead protection areas.
‘‘Sec. 1429. Federal facilities.