Affordable Technology (‘BAAT’) due in either case
to compelling economic circumstances (taking into
consideration the availability of financial assistance
under section 1443(c), relating to State Revolving
Funds) or other compelling circumstances;
‘‘(B) the public water system could not comply
with the maximum contaminant level through the
use of alternate water supplies;
‘‘(C) the granting of the exemption will provide
a drinking water supply that protects public health
given the duration of exemption; and
‘‘(D) the State has met the requirements of
paragraph (2).
‘‘(2)(A) Before issuing an exemption under this sec-
tion or an extension thereof for a small public water sys-
tem described in paragraph (1), the State shall—
‘‘(i) examine the public water system’s tech-
nical, financial, and managerial capability (taking
into consideration any available financial assistance)
to operate in, and maintain compliance with, this
title, and
‘‘(ii) determine if management or restructuring
changes (or both) can reasonably be made that will
result in compliance with this title or, if compliance
cannot be achieved, improve the quality of the drink-
ing water.
‘‘(B) Management changes referred to in subpara-
graph (A) may include rate increases, accounting changes,
the hiring of consultants, the appointment of a technician
with expertise in operating such systems, contractual ar-
rangements for a more efficient and capable system for
joint operation, or other reasonable strategies to improve
viability.
‘‘(C) Restructuring changes referred to in subpara-
graph (A) may include ownership change, physical consoli-
dation with another system, or other measures to other-
wise improve customer base and gain economies of scale.
‘‘(D) If the State determines that management or re-
structuring changes referred to in subparagraph (A) can
reasonably be made, it shall require such changes and a
schedule therefore as a condition of the exemption. If the
State determines to the contrary, the State may still grant
the exemption. The decision of the State under this sub-
paragraph shall not be subject to review by the Adminis-
trator, except as provided in subsection (d).
‘‘(3) Paragraphs (1) and (3) of subsection (a) shall
not apply to an exemption issued under this subsection.
Subparagraph (B) of subsection (b)(2) shall not apply to
an exemption issued under this subsection, but any exemp-
tion granted to such a system may be renewed for addi-
tional 4-year periods upon application of the public water
system and after a determination that the criteria of para-
graphs (1) and (2) of this subsection continue to be met.
‘‘(4) No exemption may be issued under this section
for microbiological contaminants.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 1416(b)(1) is amended by striking ‘‘prescribed
by a State pursuant to this subsection’’ and inserting
‘‘prescribed by a State pursuant to this subsection or sub-
section (h)’’.
(2) Section 1416(c) is amended by striking ‘‘under
subsection (a)’’ and inserting ‘‘under this section’’ and by
striking ‘‘including’’ in the second sentence and inserting
‘‘including, in the case of an exemption under subsection
(a),’’.
(3) Section 1416(d)(1) is amended by striking ‘‘3-
year’’ and inserting ‘‘4-year’’ and by amending the first
sentence to read as follows: ‘‘Not later than 4 years after
the date of enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall complete a
comprehensive review of the exemptions granted (and
schedules prescribed pursuant thereto) by the States dur-
ing the 4-year period beginning on such date.’’.
(4) Section 1416(b)(2)(C) is repealed.
(c) SYSTEMS SERVING MORE THAN 3,300 PER-
SONS.—Section 1416(b)(2)(A)(ii) is amended by striking
‘‘12 months’’ and inserting ‘‘4 years’’ and section
1416(b)(2)(B) is amended by striking ‘‘3 years after the
date of the issuance of the exemption’’ and inserting ‘‘4
years after the expiration of the initial exemption’’.
SEC. 12. PUBLIC WATER SYSTEM VIABILITY.
Part B is amended by adding the following at the
end thereof:
‘‘SEC. 1419. PUBLIC WATER SYSTEM VIABILITY.
‘‘(a) EPA GUIDELINES.—Within 18 months after the
enactment of the Safe Drinking Water Act Amendments
of 1994, the Administrator shall issue guidelines for pur-
poses of subsection (b) for State programs to bring public
water systems into compliance with this title and to main-
tain such compliance. The guidelines shall be developed
in consultation with the States.
‘‘(b) STATE PROGRAMS TO ASSURE VIABILITY.—
Within 2 years after issuance of guidelines under sub-
section (a), each State exercising primary enforcement re-
sponsibility for public water systems shall develop and im-
plement a comprehensive program to assure the viability
of community and noncommunity nontransient public
water systems within that State which are subject to the
provisions of subsection (e). The program shall be treated
as approved by the Administrator unless disapproved by
the Administrator within 6 months after the date of its
submittal. If disapproved it may be resubmitted in accord-
ance with section 1428(c).
‘‘(c) FINANCIAL
ASSISTANCE
FOR
SMALL
SYS-
TEMS.—(1) Except as provided in paragraph (2), no fi-
nancial assistance may be provided from funds made avail-
able under section 1443(c) to any public water system in
operation on the date of enactment of the Safe Drinking
Water Act Amendments of 1994 that—
‘‘(A) serves fewer than 10,000 persons, and
‘‘(B) has a history of violations of monitoring
requirements or violations of national primary drink-
ing water regulations,
unless the State determines whether the public water sys-
tem has, or will have, the technical, managerial, and finan-
cial capability to operate in compliance, and maintain com-
pliance, with this title. Such determination shall be based
on such information as the public water system may pro-
vide to the State and such other information as may be
available to the State. In making such determination the
State shall take into consideration the financial assistance
which may be available to the public water system.
‘‘(2)(A) If the State determines under paragraph (1)
that a public water system lacks the capability referred
to in paragraph (1), the State shall require adoption by
the system of management or restructuring changes or
both before providing funding to the system under section
1443(c), except as provided in subparagraph (B). Manage-
ment changes may include rate increases, accounting
changes, the hiring of consultants, the appointment of a
technician with expertise in operating such systems, con-
tractual arrangements for a more efficient and capable
system for joint operation, or other reasonable strategies
to improve viability. Restructuring changes may include
ownership change, physical consolidation with another sys-
tem, or other measures to otherwise improve customer
base and gain economies of scale.
‘‘(B) If the State determines under paragraph (1)
that a system lacks the capability referred to in paragraph
(1), funds provided under section 1443(c) (relating to
State Revolving Funds) shall be available only to support
such physical consolidation.
‘‘(d) NEW SYSTEMS.—No financial assistance of any
kind may be provided under this title to any public water
system that is established, and begins operations, in any
State after the enactment of the Safe Drinking Water Act
Amendments of 1994, unless the Administrator deter-
mines that the State has an effective operating permit pro-
gram or other means to ensure, before commencing oper-
ation, that the system has the management and technical
capacity and financial capability, taking into account its
customer base and other relevant factors, to comply and
maintain compliance with the applicable requirements of
this title. No change in the ownership of a public water
system shall result in the application of the prohibition
contained in this subsection to such system.
‘‘(e) STATE VIABILITY ASSESSMENTS.—(1) Before
the end of the first full fiscal year after the enactment
of the Safe Drinking Water Act Amendments of 1994,
each State shall establish a program for assessing, over
a 5-year period, the long-term technical, managerial, and
financial capability of community and nontransient
noncommunity public water systems serving fewer than
10,000 persons that are in violation of this title or may
be in jeopardy of not maintaining compliance with this
title. The State shall establish a schedule for determining
which systems to include in the assessment program.
‘‘(2) The assessment program referred to in para-
graph (1) shall include any public water system that has
been in significant noncompliance (as defined in guidelines
issued prior to the enactment of the Safe Drinking Water
Act Amendments of 1994 or any revisions thereof and in
national primary drinking water regulations promulgated
after such date of enactment) or violated any maximum
contaminant level or treatment technique, any variance,
or any exemption under this title during the 2 years prior
to the date on which the State makes a determination (in
accordance with the schedule in paragraph (1)) regarding
whether to include such system in the assessment pro-
gram.
‘‘(3) For all public water systems referred to in para-
graph (1) (other than those referred to in paragraph (2)),
the State shall establish, in consultation with the Adminis-
trator, a system of priorities, as part of the program for
conducting assessments, where there has been other non-
compliance during such 2-year period which the State con-
siders serious. The State shall publish such priorities and
file them with the Administrator. The State, in its discre-
tion and considering its resources, may, but is not required
to, conduct assessments of public water systems which are
in compliance during such period.
‘‘(f) WAIVER.—The Administrator may waive any re-
quirements of this section in the case of a State viability
program adopted before the enactment of this section if
the Administrator finds that such State viability program
is fully achieving the objectives of this section.
‘‘(g) AVAILABILITY
OF SRF FUNDS.—Unless the
State has—
‘‘(1) prior to the end of the first full fiscal year
after the enactment of the Safe Drinking Water Act
Amendments of 1994, established a program meet-
ing the requirements of subsection (e), and
‘‘(2) beginning with the third fiscal year after
the Administrator issues guidelines under subsection
(a), developed and implemented an approved pro-
gram under subsection (b),
only 50 percent of the funds that would otherwise be allo-
cated to that State under section 1443(c) (relating to
State Revolving Funds) may be made available to the
State.
‘‘(h) EPA REVIEW.—The decisions of the State
under this section regarding any particular public water
system are not subject to review by the Administrator.’’.
SEC. 13. SOURCE WATER ASSESSMENT AND PETITION PRO-
GRAM.
(a) GUIDELINES AND PROGRAMS.—Section 1428 is
amended by adding ‘‘AND
SOURCE
WATER’’ after
‘‘WELLHEAD’’ in the section heading and by adding at
the end thereof the following:
‘‘(l) SOURCE WATER ASSESSMENT.—
‘‘(1) GUIDANCE.—Within 12 months after en-
actment of the Safe Drinking Water Act Amend-
ments of 1994, after notice and comment, the Ad-
ministrator shall publish guidance for States exercis-
ing primary enforcement responsibility for public
water systems to carry out directly or through dele-
gation (for the protection and benefit of public water
systems and for the support of monitoring flexibility)
a source water assessment program within the
State’s boundaries.
‘‘(2) 
PROGRAM
REQUIREMENTS.—A 
source
water assessment program under this subsection
shall—
‘‘(A) delineate the boundaries of the as-
sessment areas in such State from which one or
more public water systems in the State receive
supplies of drinking water, using all reasonably
available hydrogeologic information on the
sources of the supply of drinking water in the
State and the water flow, recharge, and dis-
charge and any other reliable information as
the State deems necessary to adequately deter-
mine such areas; and
‘‘(B) identify for contaminants regulated
under this title for which monitoring is required
under this title (or any unregulated contami-
nants which the State, for the purposes of this
subsection, has determined to present an urgent
threat to public health), to the extent practical,
the origins within each delineated area of such
contaminants to determine the susceptibility of
the public water systems in the delineated area
to such contaminants.
‘‘(3) APPROVAL, IMPLEMENTATION, AND MON-
ITORING RELIEF.—A State source water assessment
program under this subsection shall be submitted to
the Administrator within 18 months after the Ad-
ministrator’s guidance is issued under this sub-
section and shall be deemed approved 9 months
after the date of such submittal unless the Adminis-
trator disapproves the program as provided in sub-
section (c). States shall begin implementation of the
program immediately after its approval. The Admin-
istrator’s approval of a State program under this
subsection shall include a timetable, established in
consultation with the State, allowing not more than
2 years for completion after approval of the pro-
gram. Public water systems seeking monitoring relief
in addition to the interim relief provided under sec-
tion 1418(a) shall be eligible for monitoring relief,
consistent with section 1418(b), upon completion of
the assessment in the delineated source water as-
sessment area or areas concerned.
‘‘(4) TIMETABLE.—The timetable referred to in
paragraph (3) shall take into consideration the avail-
ability to the State of funds under section 1443(c)
(relating to State Revolving Funds) for assessments
and other relevant factors. The Administrator may
extend any timetable included in a State program
approved under paragraph (3) to extend the period
for completion by an additional 18 months. The
timetable shall be deemed to be part of the guidance
published under paragraph (1) and shall be subject
to section 1450(j). Compliance with subsection (g)
shall not affect any State permanent monitoring
flexibility program approved under section 1418(b).
To avoid duplication and to encourage efficiency, the
program shall, to the extent practicable, be coordi-
nated with other existing programs and mechanisms,
including the wellhead protection program, vulner-
ability assessments, sanitary surveys, and monitor-
ing programs.
‘‘(5) DEMONSTRATION PROJECT.—The Admin-
istrator shall, as soon as practicable, conduct a dem-
onstration project, in consultation with other Fed-
eral agencies, to demonstrate the most effective and
protective means of assessing and protecting source
waters serving large metropolitan areas and located
on Federal lands.
‘‘(m) PETITION PROGRAM.—
‘‘(1) SUBMISSION
OF
PETITIONS.—Within 18
months after publication by the Administrator of
guidance under subsection (l), each State exercising
primary enforcement responsibility shall adopt and
submit to the Administrator a source water petition
program. A petition under such program may re-
quest that the State assist in addressing the origins
of contaminants regulated under this title (or un-
regulated contaminants for which the State has de-
termined, for purposes of this section, that there is
an urgent threat to public health) and that are not
adequately addressed by the wellhead protection pro-
gram or other programs. The origins of such con-
taminants may include, to the extent practicable, the
specific activities that affect the drinking water sup-
ply of a community. Such program shall also include
provisions for voluntary partnerships, including
those in which public water systems and local gov-
ernments participate and submit petitions. The pro-
gram shall provide for public notice of petitions.
‘‘(2) CONTENTS OF PETITIONS.—Petitions sub-
mitted to the State under this subsection may seek
assistance in directing, or redirecting, consistent
with applicable program authorities administrative,
technical, or financial resources to address the ori-
gins of drinking water contaminants regulated under
this title (or unregulated contaminants for which the
State has determined, for purposes of this section,
that there is an urgent threat to public health) and
that are not adequately addressed by the wellhead
protection program or other programs. Any such pe-
tition shall, at a minimum—
‘‘(A) include delineation of the source
water area covered by the petition, based on the
source water assessment delineation areas set
forth in subsection (l)(2)(A);
‘‘(B) based on reasonably available data,
identify the nature of the problem that is the
basis for the petition;
‘‘(C) to the extent practicable, identify the
origins of such drinking water contaminants;
and
‘‘(D) identify any missing data necessary
to adequately characterize the problem that is
the basis of the petition.
Identification of a contaminant or contaminants in
a petition shall be contaminant specific. Contami-
nants may be combined in a single petition. The
State may elect to waive the requirement for the pe-
titioner to meet subparagraph (D).
‘‘(3) RESPONSE TO PETITIONS.—Each State re-
ceiving a petition under this subsection shall respond
to the petition in an expeditious manner unless the
State determines, in its discretion, that the petition
is frivolous. The State response may include, as ap-
propriate, utilization and coordination of programs,
technical assistance, financial assistance, education,
training, contingency plans and demonstration
projects for the delineated areas to protect the
drinking water supply of systems within those areas
from such contaminants. Nothing in this paragraph
is intended or shall be interpreted to create or con-
vey any new authority in any State, political subdivi-
sion of a State, or public water system for any con-
trol measure or limit in any way any authority of a
State, political subdivision of a State, or water sys-
tem.
‘‘(4) APPROVAL OF PETITION PROGRAM.—The
Administrator’s approval of a State source water pe-
tition program under this subsection is not required
unless the State uses grant funds under section
1443(c) (relating to State Revolving Funds) to
adopt and implement the program. The State may
use grants allotted to the State under section
1443(c) for such purposes only with the approval of
the Administrator. If adopted with the use of funds
made available under section 1443(c) by a State ex-
ercising primary enforcement responsibility for pub-
lic water systems, the State shall comply with the
delineation requirements set forth in subsection
(l)(2)(A) and the program shall contain, as appro-
priate, one or more of the elements referred to in
section 1428(a)(4).’’.
(b) PUBLIC PARTICIPATION.—Subsection (b) of sec-
tion 1428 is amended by adding the following at the end
thereof: ‘‘No funds shall be available to the State under
section 1443(c) (relating to State Revolving Funds) for
the purpose of carrying out a State source water petition
program unless the State procedures referred to in this
section also apply to any State source water petition pro-
gram adopted under subsection (m).’’.
(c) APPROVAL AND DISAPPROVAL OF STATE PRO-
GRAMS.—Section 1428 is amended as follows:
(1) Amend the first sentence of subsection
(c)(1) to read as follows: ‘‘If, in the judgment of the
Administrator, a State program or portion thereof
under subsection (a) is not adequate to protect pub-
lic water systems as required by subsection (a) or a
State program under subsection (l) or (m) or section
1418(b) does not meet the applicable requirements
of subsection (l), (m) or section 1418(b), the Admin-
istrator shall disapprove such program or portion
thereof.’’.
(2) Add after the second sentence of subsection
(c)(1) the following: ‘‘A State program developed
pursuant to subsection (l) or (m) or section 1418(b)
shall be deemed to meet the applicable requirements
of subsection (l), (m) or section 1418(b) unless the
Administrator determines within 9 months of the re-
ceipt of the program that such program (or portion
thereof) does not meet such requirements.’’.
(3) In the third sentence of subsection (c)(1)
and in subsection (c)(2) strike ‘‘is inadequate’’ and
insert ‘‘is disapproved’’.
(4) Add the following at the end of subsection
(c)(1): ‘‘Notwithstanding any other provision of this
subsection, the provisions of this subsection shall
apply to source water petition programs under sub-
section (m) only if the State uses grants under sec-
tion 1443(c) (relating to State Revolving Funds) for
such program.’’.
(5) In subsection (b), add the following before
the period at the end of the first sentence: ‘‘and
source water assessment programs under subsection
(l)’’.
(6) In subsection (g)—
(A) insert after ‘‘under this section’’ the
following: ‘‘, State source water assessment pro-
grams under subsection (l) and State petition
programs under subsection (m) for which the
State uses grants under section 1443(c) (relat-
ing to State Revolving Funds)’’; and
(B) strike ‘‘Such’’ in the last sentence and
inserting ‘‘In the case of wellhead protection
programs, such’’.
SEC. 14. MONITORING OF REGULATED CONTAMINANTS.
Part B is amended by adding the following after sec-
tion 1417:
‘‘SEC. 1418. MONITORING OF CONTAMINANTS.
‘‘(a) INTERIM MONITORING RELIEF AUTHORITY.—
(1) A State exercising primary enforcement responsibility
for public water systems may modify the monitoring re-
quirements for—
‘‘(A) regulated chemical pesticide contaminants,
‘‘(B) polychlorinated byphenyls,
‘‘(C) dioxin, and
‘‘(D) unregulated contaminants for which mon-
itoring is required under phase II as set forth on
January 30, 1991, in volume 56 of the Federal Reg-
ister, page 3526 and phase V as set forth on July
17, 1992, in volume 57 of the Federal Register,
page 31776
for an interim period to provide that any public water sys-
tem serving 3,300 persons or fewer shall not be required
to conduct additional quarterly monitoring during an in-
terim relief period for such contaminants if—
‘‘(i) monitoring, conducted at the beginning of
the period for the contaminant concerned and cer-
tified to the State by the public water system, fails
to detect the presence of the contaminant in the
ground or surface water supplying the public water
system, and
‘‘(ii) the State, (considering the hydrogeology of
the area and other relevant factors), determines in
writing that the contaminant is unlikely to be de-
tected by further monitoring during such period.
‘‘(2) The interim relief period referred to in para-
graph (1) shall terminate when permanent monitoring re-
lief is adopted and approved for such State, or at the end
of 36 months after the enactment of the Safe Drinking
Water Act Amendments of 1994, whichever comes first.
In order to serve as a basis for interim relief, the monitor-
ing conducted at the beginning of the period must occur
at the time determined by the State to be the time of the
public water system’s greatest vulnerability to the con-
taminant concerned in the relevant ground or surface
water, taking into account in the case of pesticides the
time of application of the pesticide for the source water
area and the travel time for the pesticide to reach such
waters and taking into account, in the case of other con-
taminants, seasonality of precipitation and contaminant
travel time.
‘‘(b) PERMANENT MONITORING RELIEF AUTHOR-
ITY.—(1) Each State exercising primary enforcement re-
sponsibility for public water systems under this title and
having an approved wellhead protection program and a
source water assessment program may adopt, in accord-
ance with guidance published by the Administrator, and
submit to the Administrator as provided in section
1428(c), tailored alternative monitoring requirements for
public water systems in such State (as an alternative to
the monitoring requirements specified in the Administra-
tor’s standardized monitoring framework for chemical con-
taminants and the applicable national primary drinking
water regulations) where the State concludes that (based
on data available at the time of adoption concerning sus-
ceptibility, use, occurrence, wellhead protection, or from
the State’s drinking water source water assessment pro-
gram) such alternative monitoring would provide assur-
ance that it complies with the Administrator’s guidelines.
The State program must be adequate to assure compliance
with, and enforcement of, applicable national primary
drinking water regulations. Alternative monitoring shall
not apply to regulated microbiological contaminants, dis-
infectants and disinfection by-products, or corrosion by-
products. The preceding sentence is not intended to limit
other authority of the Administrator under other provi-
sions of this title to grant monitoring flexibility.
‘‘(2)(A) The Administrator shall issue, after notice
and comment and at the same time as guidelines are is-
sued for source water assessment under section 1428(l),
guidelines for States to follow in proposing alternative re-
quirements to the standardized monitoring framework for
chemical contaminants. The Administrator shall publish
such framework in the Federal Register. The guidelines
shall assure that the public health will be protected from
drinking water contamination. The guidelines shall require
that a State alternative monitoring program apply on a
contaminant-by-contaminant basis and that, to be eligible
for such alternative monitoring program, a public water
system must show the State that the contaminant is not
present in the drinking water supply or, if present, it is
reliably and consistently below the maximum contaminant
level.
‘‘(B) For purposes of subparagraph (A), the phrase
‘reliably and consistently below the maximum contaminant
level’ means that, although contaminants have been de-
tected in a water supply, the State has sufficient knowl-
edge of the contamination source and extent of contamina-
tion to predict that the maximum contaminant level will
not be exceeded. In determining that a contaminant is reli-
ably and consistently below the maximum contaminant
level, States shall consider the quality and completeness
of data, the length of time covered and the volatility or
stability of monitoring results during that time, and the
proximity of such results to the maximum contaminant
level. Wide variations in the analytical results, or analyt-
ical results close to the maximum contaminant level, shall
not be considered to be reliably and consistently below the
maximum contaminant level.
‘‘(3) The guidelines issued by the Administrator
under paragraph (2) shall require that if, after the mon-
itoring program is in effect and operating, a contaminant
covered by the alternative monitoring program is detected
at levels at or above the maximum contaminant level or
is no longer reliably or consistently below the maximum
contaminant level, the public water system must either—
‘‘(A) 
demonstrate 
that 
the 
contamination
source has been removed or that other action has
been taken to eliminate the contamination problem,
or
‘‘(B) test for the detected contaminant pursu-
ant to the applicable national primary drinking
water regulation.
‘‘(c) TREATMENT AS NPDWR.—All monitoring relief
granted by a State to a public water system for a regu-
lated contaminant under subsection (a) or (b) shall be
treated as part of the national primary drinking water reg-
ulation for that contaminant.
‘‘(d) OTHER MONITORING RELIEF.—Nothing in this
section shall be construed to affect the authority of the
States under the standard monitoring framework for
chemical contaminants and under applicable national pri-
mary drinking water regulations to alter monitoring re-
quirements through waivers in effect at the time of the
enactment of the Safe Drinking Water Act Amendments
of 1994. States are encouraged to use such authority.’’.
SEC. 15. FEDERAL FACILITIES.
(a) IN GENERAL.—Part C is amended by adding at
the end thereof the following new section:
‘‘SEC. 1429. FEDERAL FACILITIES.
‘‘(a) IN GENERAL.—Each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the Federal Government—
‘‘(1) owning or operating any facility in a well-
head protection area,
‘‘(2) engaged in any activity at such facility re-
sulting, or which may result, in the contamination of
water supplies in any such area, or
‘‘(3) owning or operating any public water sys-
tem
shall be subject to, and comply with, all Federal, State,
interstate, and local requirements, both substantive and
procedural (including any requirement for permits or re-
porting or any provisions for injunctive relief and such
sanctions as may be imposed by a court to enforce such
relief), respecting the protection of such wellhead areas
and respecting such public water systems in the same
manner and to the same extent as any person is subject
to such requirements, including the payment of reasonable
service charges. The Federal, State, interstate, and local
substantive and procedural requirements referred to in
this subsection include, but are not limited to, all adminis-
trative orders and all civil and administrative penalties
and fines, regardless of whether such penalties or fines
are punitive or coercive in nature or are imposed for iso-
lated, intermittent, or continuing violations. The United
States hereby expressly waives any immunity otherwise
applicable to the United States with respect to any such
substantive or procedural requirement (including, but not
limited to, any injunctive relief, administrative order or
civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The rea-
sonable service charges referred to in this subsection in-
clude, but are not limited to, fees or charges assessed in
connection with the processing and issuance of permits,
renewal of permits, amendments to permits, review of
plans, studies, and other documents, and inspection and
monitoring of facilities, as well as any other nondiscrim-
inatory charges that are assessed in connection with a
Federal, State, interstate, or local regulatory program re-
specting the protection of wellhead areas or public water
systems. Neither the United States, nor any agent, em-
ployee, or officer thereof, shall be immune or exempt from
any process or sanction of any State or Federal Court with
respect to the enforcement of any such injunctive relief.
No agent, employee, or officer of the United States shall
be personally liable for any civil penalty under any Fed-
eral, State, interstate, or local law concerning the protec-
tion of wellhead areas or public water systems with respect
to any act or omission within the scope of the official du-
ties of the agent, employee, or officer. An agent, employee,
or officer of the United States shall be subject to any
criminal sanction (including, but not limited to, any fine
or imprisonment) under any Federal or State requirement
adopted pursuant to this title, but no department, agency,
or instrumentality of the executive, legislative, or judicial
branch of the Federal Government shall be subject to any
such sanction. The President may exempt any facility of
any department, agency, or instrumentality in the execu-
tive branch from compliance with such a requirement if
he determines it to be in the paramount interest of the
United States to do so. No such exemption shall be grant-
ed due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part
of the budgetary process and the Congress shall have
failed to make available such requested appropriation. Any
exemption shall be for a period not in excess of 1 year,
but additional exemptions may be granted for periods not
to exceed 1 year upon the President’s making a new deter-
mination. The President shall report each January to the
Congress all exemptions from the requirements of this sec-
tion granted during the preceding calendar year, together
with his reason for granting each such exemption.
‘‘(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—
(1) The Administrator may commence an administrative
enforcement action against any department, agency, or in-
strumentality of the executive, legislative, or judicial
branch of the Federal Government subject to the provi-
sions of subsection (a) pursuant to the enforcement au-
thorities contained in this title. The Administrator shall
initiate an administrative enforcement action against such
a department, agency, or instrumentality in the same
manner and under the same circumstances as an action
would be initiated against another person. Any voluntary
resolution or settlement of such an action shall be set forth
in a consent order.
‘‘(2) No administrative order issued to such a depart-
ment, agency, or instrumentality shall become final until
such department, agency, or instrumentality has had the
opportunity to confer with the Administrator.
‘‘(c) LIMITATION ON STATE USE OF FUNDS COL-
LECTED FROM FEDERAL GOVERNMENT.—Unless a State
law in effect on the date of the enactment of the Safe
Drinking Water Act Amendments of 1994 or a State con-
stitution requires the funds to be used in a different man-
ner, all funds collected by a State from the Federal Gov-
ernment from penalties and fines imposed for violation of
any substantive or procedural requirement referred to in
subsection (a) shall be used by the State only for projects
designed to improve or protect the environment or to de-
fray the costs of environmental protection or enforce-
ment.’’.
(b) CONFORMING AMENDMENTS.—Section 1447(a) is
amended as follows:
(1) By striking out ‘‘(1) having jurisdiction over
any federally owned or maintained public water sys-
tem or (2)’’.
(2) By striking out ‘‘respecting the provision of
safe drinking water and’’.
(3) Section 1447(c) is amended by striking out
‘‘the Safe Drinking Water Amendments of 1977’’
and inserting ‘‘this title’’ and by striking ‘‘this Act’’
and inserting ‘‘this title’’.
SEC. 16. EMERGENCY POWERS.
Section 1431(b) is amended by striking out ‘‘$5,000’’
and inserting in lieu thereof ‘‘$15,000’’.
SEC. 17. TAMPERING.
Section 1432 is amended as follows:
(1) In subsection (d), by striking ‘‘or’’ at the
end of paragraph (1) and by striking paragraph (2)
and inserting the following:
‘‘(2) to knowingly and deliberately interfere
with the operation of a public water system with the
intent to cause economic harm to the system or
cause the system to violate this title; or
‘‘(3) to knowingly and deliberately render inac-
curate a monitoring device with the intent to falsify
monitoring results.’’.
(2) By adding at the end the following:
‘‘(e) FAILURE TO REPORT.—Any owner or operator
of a public water system who knowingly and deliberately
fails to report for more than 90 days to the State with
primary enforcement responsibility for public water sys-
tems, or to the public as required by this title, or to the
Administrator, a violation of a maximum contaminant
level or treatment technique shall be subject to a fine of
not more than $10,000, imprisonment for not more than
2 years, or both, except that failure to comply with the
exact form and contents of a notice shall not be considered
a failure to report which is subject to enforcement under
this subsection.
‘‘(f) FALSE STATEMENTS.—State requirements ap-
plicable to public water systems in States with primary
enforcement responsibility for public water systems under
this title, or requirements of the Administrator under this
title, respecting statements, representations, writings, or
documents shall be construed to be subject to the provi-
sions of section 1001 of title 18 of the United States Code
and for such purposes such requirements shall be treated
as a matter within the jurisdiction of a department or
agency of the United States and solely for that purpose
such State shall be treated as a Federal department or
agency.’’.
SEC. 18. FUNDS FOR SAFE DRINKING WATER.
(a) STATE REVOLVING FUNDS.—Section 1443 is
amended by redesignating subsection (c) as subsection (d)
and by adding the following new subsection after sub-
section (b):
‘‘(c) STATE REVOLVING FUNDS.—
‘‘(1) GENERAL AUTHORITY.—
‘‘(A) GRANTS TO STATES TO ESTABLISH
REVOLVING
FUNDS.—The Administrator shall
enter into agreements with States to make cap-
italization grants, including letters of credit, to
the States under this subsection solely to fur-
ther the health protection objectives of this
title, promote the efficient use of fund re-
sources, and for such other purposes as speci-
fied in this title. The grants shall be deposited
in drinking water treatment revolving funds es-
tablished by the State, except as otherwise pro-
vided in this subsection and in other provisions
of this title. No portion of any specific percent-
age amount of such grants referred to in para-
graph (5), (8), or (9) or authorized by other
provisions of this title to be used for other pur-
poses specified in this title shall be deposited in
any State revolving fund. All such grants shall
be allotted to the States in the same manner as
funds are allotted to States under subsection
(a)(4), except as provided in paragraph (8) and
except that the State allotment for a State not
exercising primary enforcement responsibility
for public water systems shall not be deposited
in any such fund but shall be allotted by the
Administrator as follows: 30 percent of such al-
lotment shall be available to the Administrator
as needed to exercise primary enforcement re-
sponsibility under this title in such State and
the remainder shall be reallotted to States exer-
cising primary enforcement responsibility for
public water systems for deposit in such funds.
Whenever the Administrator makes a final de-
termination pursuant to section 1413(b) that
the requirements of section 1413(a) are no
longer being met by a State, additional grants
for such State under this title shall be imme-
diately terminated by the Administrator.
‘‘(B) USE OF FUNDS.—Except as other-
wise authorized by this title, amounts deposited
in such revolving funds, including loan repay-
ments and interest earned on such amounts,
shall be used only for providing loans or other
financial assistance of any kind or nature that
the State deems appropriate to public water
systems. Such financial assistance may be used
by a public water system only for expenditures
(not including monitoring, operation, and main-
tenance expenditures) of a type or category
which 
the 
Administrator 
has 
determined,
through guidance, will facilitate compliance with
national primary drinking water regulations ap-
plicable to such system under section 1412 or
otherwise significantly further the health pro-
tection objectives of this title. Such financial as-
sistance may be used for acquisition from will-
ing sellers, at fair market value, of real prop-
erty or interests therein which are integral to
such systems. 15 percent of the amount cred-
ited to any revolving fund established under
this section in any fiscal year shall be available
solely for providing loan assistance to public
water systems which regularly serve fewer than
10,000 persons.
‘‘(C) FUND
MANAGEMENT.—Each State
revolving fund under this subsection shall be es-
tablished, maintained, and credited with repay-
ments and interest. The fund corpus shall be
available in perpetuity for providing financial
assistance under this section. To the extent
amounts in each such fund are not required for
current obligation or expenditure, such amounts
shall be invested in interest bearing obligations
of the State or of the United States.
‘‘(D) GRANTS FROM REVOLVING FUNDS.—
A State may not provide assistance in the form
of grants from a State revolving fund estab-
lished under this subsection in an aggregate
amount which exceeds the sum of the interest
collected on deposits in such State revolving
fund plus amounts deposited in such fund by
the State pursuant to paragraph (3). Such
grants may only be made to public water sys-
tems owned by a governmental or inter-govern-
mental agency, a non-profit organization, an In-
dian tribe, or any combination thereof which
the State finds to be experiencing financial
hardship.
‘‘(E) INVESTOR-OWNED
PUBLIC
WATER
SYSTEMS.—In the case of any public water sys-
tem not owned by a governmental or inter-gov-
ernmental agency, a non-profit organization, an
Indian tribe, or any combination thereof, the
State may provide assistance from a State re-
volving fund under this subsection according to
priorities established by the State based on the
greatest public health needs and financial need.
The State may provide loan assistance to any
such system from such a State revolving fund
only after making a determination that the sys-
tem has the ability to repay the loan according
to its terms and conditions. States are author-
ized to require such systems to identify a dedi-
cated source for repayment of the loans and to
impose such other requirements as may be nec-
essary to assure loan repayment.
‘‘(2) SPECIFIC
REQUIREMENT.—No loan or
other financial assistance may be provided to a pub-
lic water system from a revolving fund established
under this subsection to be used for any expenditure
that could be avoided or significantly reduced by ap-
propriate consolidation of that public water system
with any other public water system, except that in
such cases such assistance may be provided from the
revolving fund for such consolidation.
‘‘(3) STATE
CONTRIBUTION.—In the case of
grants made after fiscal year 1995, each agreement
under this subsection shall require that the State de-
posit in the fund from State moneys an amount
equal to at least 20 percent of the total amount of
the grant to be made to the State on or before the
date on which the grant payment is made to the
State.
‘‘(4) COMBINED FINANCIAL ADMINISTRATION.—
Notwithstanding subparagraph (C) of paragraph
(1), a State may (as a convenience and to avoid un-
necessary administrative costs) combine, in accord-
ance with State law, the financial administration of
a revolving fund established under this subsection
with the financial administration of any other revolv-
ing fund established by the State if otherwise not
prohibited by the law under which such revolving
fund was established and if the Administrator deter-
mines that—
‘‘(A) the grants under this subsection, to-
gether with loan repayments and interest, will
be separately accounted for and used solely for
the purposes specified in paragraph (1); and
‘‘(B) the authority to establish assistance
priorities and carry out oversight and related
activities (other than financial administration)
with respect to such assistance remains with
the State agency having primary responsibility
for administration of the State program under
this part.
‘‘(5) ADMINISTRATION.—(A) Each State may
annually use up to 4 percent of the funds allotted
to the State under this subsection to cover the rea-
sonable costs of administration of the assistance pro-
gram under this subsection and of providing tech-
nical assistance to public water systems within the
State. For fiscal year 1995 and each fiscal year
thereafter, each State may use up to an additional
5 percent of the funds allotted to the State under
this subsection for public water system supervision if
the State matches such expenditures with at least an
equal amount of non-Federal funds. At least half of
such match must be additional to the amount ex-
pended by the State for public water supervision in
fiscal year 1993. An additional 1 percent of the
funds annually allotted to the State under this sub-
section shall be used by each State to provide tech-
nical assistance to public water systems in such
State.
‘‘(B) The Administrator shall publish such
guidance and promulgate such regulations as may be
necessary to carry out the provisions of this section,
including—
‘‘(i) provisions to ensure that each State
commits and expends funds allotted to the
State under this subsection as efficiently as
possible in accordance with this title and appli-
cable State laws,
‘‘(ii) guidance to prevent waste, fraud, and
abuse, and
‘‘(iii) guidance to avoid the use of funds
made available under this subsection to finance
the expansion of any public water system in an-
ticipation of future population growth.
Such guidance and regulations shall also insure that
the States, and public water systems receiving as-
sistance under this subsection, use accounting, audit,
and fiscal procedures that conform to generally ac-
cepted accounting standards.
‘‘(C) 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 allotment. The Admin-
istrator shall periodically audit all revolving funds
established by, and all other amounts allotted to, the
States pursuant to this subsection in accordance
with procedures established by the Comptroller Gen-
eral.
‘‘(6) NEEDS SURVEY.—The Administrator shall
conduct an assessment of financial needs of all pub-
lic water systems in the United States and submit
a report to the Congress containing the results of
such assessment within 2 years after the date of the
enactment of the Safe Drinking Water Act Amend-
ments of 1994. The Administrator shall revise such
report periodically as appropriate.
‘‘(7) INDIAN
TRIBES.—11⁄2
percent of the
amounts appropriated annually to carry out this
subsection may be used by the Administrator to
make grants to Indian Tribes and Alaskan Native
Villages which are not otherwise eligible to receive
either grants from the Administrator under this sub-
section or assistance from State revolving funds es-
tablished under this subsection. Such grants may
only be used for expenditures by such tribes and vil-
lages for public water system expenditures referred
to in paragraph (1)(B).
‘‘(8) OTHER
AREAS.—Of the funds annually
available under this section for grants to States, the
Administrator shall make allotments in accordance
with section 1443(a)(4) for the District of Columbia,
the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, American Samoa, Guam, and
the Republic of Palau. The grants allotted as pro-
vided in this paragraph may be provided by the Ad-
ministrator to the governments of such areas, to
public water systems in such areas, or to both, to be
used for the public water system expenditures re-
ferred to in paragraph (1)(B). Such grants shall not
be deposited in revolving funds. The total allotment
of grants under this subsection for all areas de-
scribed in this paragraph in any fiscal year shall not
exceed 1 percent of the aggregate amount made
available to carry out this subsection in that fiscal
year.
‘‘(9) ADDITIONAL SET-ASIDES.—Any State ex-
ercising primary enforcement responsibility for pub-
lic water systems may use up to 4 percent of the an-
nual grants under this subsection allotted to that
State for the following:
‘‘(A) To establish and implement wellhead
protection programs under section 1428.
‘‘(B) For a period of 5 years after the Ad-
ministrator publishes guidance under section
1428(l), to establish and implement source
water assessment programs under section 1428.
‘‘(C) For a 7-fiscal year period after guide-
lines are issued under section 1419(a), to de-
velop and implement a viability program under
section 1419(b) and assess viability under sec-
tion 1419(e).
Not more than 2 percent of such annual grant allot-
ment for any such State in any fiscal year may be
used by that State for purpose of subparagraph (C).
If any State exercising primary enforcement respon-
sibility for public water systems adopts a petition
program under section 1428(m), the State may use
not more than 1 percent of the grant under this sub-
section allotted to the State in any fiscal year for es-
tablishing and implementing such program. No such
funds shall be used for such a petition program if
the State fails to implement the program.
‘‘(10) DEMONSTRATION
PROJECT
FOR
STATE
OF VIRGINIA.—Notwithstanding the other provisions
of this subsection limiting the use of funds deposited
in a State revolving fund from any State allotment,
the State of Virginia may, as a single demonstration
and with the approval of the Virginia General As-
sembly and the Administrator, conduct a program to
demonstrate alternative approaches to intergovern-
mental coordination to assist in the financing of new
drinking water facilities in the following rural com-
munities in southwestern Virginia where none exists
on the date of the enactment of the Safe Drinking
Water Act Amendments of 1994 and where such
communities 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 re-
volving fund may be loaned to a regional endowment
fund for the purpose set forth in this paragraph
under a plan to be approved by the Administrator.
The plan may include an advisory group that in-
cludes representatives of such counties.
‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to carry out
the purposes of this subsection $599,000,000 for the
fiscal year 1994 and $1,000,000,000 for each of the
fiscal years 1995, 1996, and 1997, and such sums
as may be necessary thereafter. Sums shall remain
available until expended.’’.
(b) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Administrator of
the Environmental Protection Agency shall report to the
Congress, after notice and public comment, on the appro-
priateness of using State revolving funds under section
1443(c) of the Public Health Service Act for acquisition
of real property or interests therein from willing sellers
where such acquisition is undertaken in addition to, or as
an alternative to, system development as a means of com-
plying with national primary drinking water regulations.
The review of the use of such funds shall examine any
cost savings and environmental benefits for safe drinking
water and any problems related thereto.
(c) TECHNICAL ASSISTANCE.—(1) The Adminis-
trator of the Environmental Protection Agency may pro-
vide technical assistance to small public water systems to
enable such systems to achieve and maintain compliance
with applicable national primary drinking water regula-
tions. Such assistance may include circuit-rider programs,
training, and preliminary engineering evaluations. There
is authorized to be appropriated to the Administrator to
be used for such technical assistance $15,000,000 for the
fiscal year 1994, and such sums as may be necessary for
fiscal years thereafter. No portion of any State revolving
fund established under section 1443(c) of the Public
Health Service Act and no portion of any funds made
available under this subsection may be used either directly
or indirectly for lobbying expenses. Of the total amount
appropriated under this subsection, 3 percent shall be
used for technical assistance to public water systems
owned or operated by Indian tribes. Nothing in this Act
or the amendments made by this Act authorizes scientific
or environmental research and development.
(2) Section 1442(g) is amended to read as follows:
‘‘(g) øRESERVED¿.’’.
(d) 
PUBLIC
WATER
SYSTEMS
SUPERVISION
GRANTS.—Section 1443(a) is amended as follows:
(1) Paragraph (4) is amended by adding the
following at the end thereof: ‘‘The allotment of grant
funds under this subsection for States not exercising
primary enforcement responsibility for public water
systems shall not be provided to such States but
shall be available to the Administrator for the costs
of administering this title in those States.’’.
(2) Paragraph (7) is amended by striking out
‘‘not more than the following amounts’’ and all that
follows down through the end of such paragraph and
inserting ‘‘such sums as may be necessary for fiscal
years after fiscal year 1994.’’.
SEC. 19. RECORDS AND INSPECTIONS.
(a) REQUIREMENTS.—Section 1445(a)(1) is amended
by inserting ‘‘(A)’’ after ‘‘(1)’’ and by adding at the end
the following:
‘‘(B) Instead of using the authority under subpara-
graph (A) for the purposes set forth in this paragraph or
subsection (b), the Administrator may, on a case-by-case
basis, require by certified mail any public water system
to provide, on a 1-time, periodic, or continuous basis, such
records, reports, and information as the Administrator
may reasonably require in determining whether such sys-
tem has acted or is acting in compliance with this title.
The Administrator shall provide the State exercising pri-
mary enforcement responsibility for public water systems
a copy of such certified mail. This subparagraph shall not
be construed to change any requirements of other applica-
ble laws, such as the Paperwork Reduction Act of 1980.
Nothing in this subparagraph shall be construed to affect
the authority of the Administrator to use the authority
of subsection (b) to determine compliance with this title.’’.
(b) PENALTIES.—Section 1445(c) is amended by
adding at the end the following: ‘‘Such penalty may be
assessed by the Administrator after notice and oppor-
tunity for a public hearing on the record in accordance
with section 554 of title 5 of the United States Code.’’.
SEC. 20. MONITORING FOR UNREGULATED CONTAMI-
NANTS.
Section 1445(a) is amended as follows:
(1) By adding at the end of paragraph (2) the
following sentence: ‘‘Within 24 months after the en-
actment of the Safe Drinking Water Act Amend-
ments of 1994 and every 5 years thereafter, the Ad-
ministrator shall review and, if necessary, revise the
list of unregulated contaminants for which monitor-
ing is required.’’.
(2) In paragraph (3), by inserting ‘‘not more
than 40’’ after ‘‘shall list’’ in the first sentence.
(3) In paragraph (4), by adding at the end
thereof: ‘‘Prior to the 24-month deadline established
under subsection (g), the State, where it is exercis-
ing primary enforcement responsibility for public
water systems under this title, shall provide the re-
sults of such monitoring to the Administrator for in-
clusion in the occurrence data base under subsection
(g).’’.
SEC. 21. OCCURRENCE DATA BASE.
Section 1445 is amended by adding the following new
subsection at the end thereof:
‘‘(g) OCCURRENCE DATA BASE.—Not later than 24
months after enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall assemble
and maintain a national drinking water occurrence data
base, using monitoring data on the occurrence of both reg-
ulated and unregulated contaminants in public water sup-
ply systems obtained under subsection (a) of this section,
and information from other public and private sources.’’.
SEC. 22. GENERAL PROVISIONS.
(a) GUIDELINES.—Section 1450 is amended by add-
ing the following at the end thereof:
‘‘(j) GUIDELINES.—(1) All guidelines issued by the
Administrator for States exercising primary enforcement
responsibility for public water systems for any purpose
pursuant to any requirement established by the Safe
Drinking Water Act Amendments of 1994 shall be pub-
lished in the Federal Register and shall remain in effect
until changed by the Administrator in accordance with the
same procedure as they were established. Such guidelines
shall not be considered to be rules and shall not be en-
forceable as rules. Adoption by a State of a program cov-
ered by such guidelines and approval of the program by
the Administrator shall be treated as an agreement by the
State with, and acceptance of, the guidelines.
‘‘(2) Except as otherwise provided in this title, failure
of a State to abide by a guideline referred to in paragraph
(1) shall not be a basis for the State’s loss of primary
enforcement responsibility for public water systems.
‘‘(3) The Administrator shall order a State to halt
use of a monitoring relief program under section 1418 to
which any guideline referred to in paragraph (1) applies
if the Administrator makes a finding, in writing, after no-
tice to the State, that the State has failed to comply with
such guideline and gives the State at least 90 days to cor-
rect the alleged problem.
‘‘(4) The Administrator may, in the Administrator’s
discretion, reduce by 50 percent the amount of grants oth-
erwise made available to the State in any fiscal year under
section 1443(c) (relating to State revolving funds) if the
Administrator makes a finding in writing, after notice to
the State, that the State has failed to comply with any
guideline referred to in paragraph (1) and gives the State
at least 90 days to correct the alleged problem.’’.
(b) WHISTLE BLOWER.—Section 1450(i) is amended
as follows:
(1) Amend paragraph (2)(A) by striking ‘‘30
days’’ and inserting ‘‘180 days’’ and by inserting be-
fore the period at the end ‘‘and the Environmental
Protection Agency’’.
(2) Amend paragraph (2)(B)(i) by inserting be-
fore the last sentence the following: ‘‘Upon conclu-
sion of such hearing and the issuance of a rec-
ommended decision that the complaint has merit,
the Secretary shall issue a preliminary order provid-
ing the relief prescribed in clause (ii), but may not
order compensatory damages pending a final
order.’’.
(3) Amend paragraph (2)(B)(ii) by inserting
‘‘and’’ before ‘‘(III)’’ and by striking ‘‘compensatory
damages, and (IV) where appropriate, exemplary
damages’’ and inserting ‘‘and the Secretary may
order such person to provide compensatory damages
to the complainant’’.
(4) Redesignate paragraphs (3), (4), (5), and
(6) as paragraphs (4), (5), (6), and (7), respectively,
and insert after paragraph (2) the following:
‘‘(3)(A) The Secretary shall dismiss a complaint filed
under paragraph (1), and shall not conduct the investiga-
tion required under paragraph (2), unless the complainant
has made a prima facie showing that any behavior de-
scribed in subparagraphs (A) through (C) of paragraph
(1) was a contributing factor in the unfavorable personnel
action alleged in the complaint.
‘‘(B) Notwithstanding a finding by the Secretary that
the complaint has made the showing required by para-
graph (1)(A), no investigation required under paragraph
(2) shall be conducted if the employer demonstrates, by
clear and convincing evidence, that it would have taken
the same unfavorable personnel action in the absence of
such behavior.
‘‘(C) The Secretary may determine that a violation
of paragraph (1) has occurred only if the complainant has
demonstrated that any behavior described in subpara-
graphs (A) through (C) of paragraph (1) was a contribut-
ing factor in the unfavorable personnel action alleged in
the complaint.
‘‘(D) Relief may not be ordered under paragraph (2)
if the employer demonstrates clear and convincing evi-
dence that it would have taken the same unfavorable per-
sonnel action in the absence of such behavior.’’.
(5) Add at the end the following:
‘‘(8) This subsection may not be construed to expand,
diminish, or otherwise affect any right otherwise available
to an employee under Federal or State law to reduce the
employee’s discharge or other discriminatory action taken
by the employer against the employee. The provisions of
this subsection shall be prominently posted in any place
of employment to which this subsection applies.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (b) shall apply to claims filed under section
1450(i) of the Public Health Service Act on or after the
date of the enactment of this Act.
SEC. 23. ADMINISTRATIVE PENALTIES.
Part E is amended by adding at the end the following
new section:
‘‘SEC. 1452. ADMINISTRATIVE PENALTIES.
‘‘(a) IN GENERAL.—The Administrator may assess
an administrative penalty for violations of section 1412,
1415, 1416, or 1442(h). Such a penalty may only be as-
sessed—
‘‘(1) after providing notice (in accordance with
section 1414(a)(1)(A)) of at least 45 days of the Ad-
ministrator’s intention to assess such penalty to the
State exercising primary enforcement responsibility
for public water systems and to the public water sys-
tem in violation of such section, and
‘‘(2) after opportunity for a hearing on the
record in accordance with section 554 of title 5,
United States Code.
‘‘(b) PENALTY.—The penalty under subsection (a)
shall be not more than $5,000 per day of violation. The
total penalty under such subsection shall not exceed—
‘‘(1) $50,000 for violation of section 1442(h)
(relating to minimum standards for certification of
operators and laboratories), or
‘‘(2) $90,000 in the case of violations of sec-
tions 1412, 1415, and 1416.
In assessing such penalties, the Administrator shall con-
sider the size of the public water system, the ability of
the system to operate in compliance with this title, the
seriousness of the violation, the economic impact of such
violation, and history of violations.’’.
SEC. 24. WATER RETURN.
Part E is amended by adding at the end the follow-
ing:
‘‘SEC. 1453. WATER RETURN.
‘‘Not later than 18 months after the date of the en-
actment of the Safe Drinking Water Act Amendments of
1994, the Administrator shall issue, after public notice,
guidelines to assist public water systems in assessing the
conditions, when it is consistent with the requirements and
public health objectives of this title, to return water from
the public water system used for heat pumps and similar
devices to the distribution system of the public water sys-
tem.’’.
SEC. 25. WATER CONSERVATION PLAN.
Part E is amended by adding at the end the follow-
ing:
‘‘SEC. 1454. WATER CONSERVATION PLAN.
‘‘(a) GUIDELINES.—Not later than 1 year after the
date of the enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall publish in
the Federal Register guidelines for water conservation
plans for public water systems serving fewer than 3,300
persons, public water systems serving between 3,300 and
10,000 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
condition of receiving a loan or grant from a State revolv-
ing fund under section 1443(c), to submit with its applica-
tion for such loan or grant a water conservation plan con-
sistent with such guidelines.’’.
SEC. 26. SUBMERSIBLE PUMPS; FITTINGS; AND RESIDEN-
TIAL WATER TREATMENT UNITS.
Part F is amended by adding at the end the follow-
ing:
‘‘SEC. 1466. SUBMERSIBLE PUMPS.
‘‘(a) IN GENERAL.—(1) Except as provided in sub-
section (b), within 3 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994 the
Administrator shall promulgate regulations containing a
health effects based performance standard establishing
minimal leaching levels of lead from new submersible
pumps reasonably anticipated to be used in domestic water
wells, taking into account marketing and sales information
and other relevant factors. Such standard shall apply to
new pumps manufactured for, or first introduced into,
interstate commerce after the effective date of the regula-
tion promulgating the standard.
‘‘(2) At a minimum, the standard under this section
shall not allow lead concentration in drinking water to in-
crease by more than 15 parts per billion (ppb) when in
prolonged contact with the pump. Such standard shall be
effective 3 years after the date of its promulgation or at
such earlier time as the Administrator determines that
pumps subject to paragraph (1) can reasonably be antici-
pated to be in compliance with such standards.
‘‘(b) EXCEPTION.—(1) If the Administrator deter-
mines, after notice and opportunity for public comment,
that—
‘‘(A) voluntary standards have been developed
that are at least as protective as the minimum
standard described in subsection (a)(2), and
‘‘(B) pumps subject to paragraph (1) of sub-
section (a) can reasonably be anticipated to be in
compliance with such voluntary standards within 6
years after the date of the enactment of the Safe
Drinking Water Act Amendments of 1994,
the Administrator shall not promulgate regulations estab-
lishing the standard under subsection (a) or, if such regu-
lations have been promulgated, provide that such regula-
tions shall not take effect or be enforced.
‘‘(2) Within 2 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994, the
Administrator shall determine, after notice and oppor-
tunity for public comment, whether new submersible
pumps which convey drinking water and which contain
brass alloys containing 0.2 percent lead or more are being
manufactured for, or first introduced into, interstate com-
merce. If the Administrator determines, at that time, that
such pumps are not being manufactured for, or first intro-
duced into, interstate commerce, the Administrator shall
not promulgate regulations establishing the standard
under subsection (a) or make a determination under sub-
section (b)(1), or if such regulations have been promul-
gated, provide that such regulations shall not take effect
or be enforced.
‘‘SEC. 1467. FITTINGS.
‘‘(a) IN GENERAL.—Within 1 year after the date of
the enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Administrator shall determine if—
‘‘(1) voluntary standards for new plumbing fit-
tings manufactured for or introduced into interstate
commerce which convey drinking water have been
developed that are at least as protective of human
health as the minimum performance standard pro-
mulgated under subsection (b), and
‘‘(2) such fittings can reasonably be anticipated
to comply with such standards within 5 years after
such date of enactment.
‘‘(b) REGULATIONS.—If the Administrator deter-
mines that such voluntary standards for new plumbing fit-
tings which convey drinking water have not been developed
or that such fittings cannot reasonably be anticipated to
comply, within 5 years of such date of enactment, with
such voluntary standards, the Administrator shall, within
2 years after the date of such determination, promulgate
regulations setting a health effects based performance
standard establishing minimal leaching levels of lead from
such new plumbing fittings. Such regulation shall take ef-
fect 3 years after the date of such promulgation. Under
such regulation, such fittings shall not cause lead con-
centration in drinking water to increase by more than 15
parts per billion when in prolonged contact with such fit-
ting.
‘‘SEC. 1468. ENFORCEMENT OF SECTIONS 1466 AND 1467.
‘‘(a) IN GENERAL.—Any person who manufactures or
first introduces in interstate commerce any new submers-
ible pump or new plumbing fitting which violates any re-
quirement established by the Administrator by regulation
under section 1466 or 1467, shall be liable to the United
States for a civil penalty in an amount not to exceed
$10,000 for each such violation. To assess such civil pen-
alty, the Administrator shall, after notice and opportunity
for hearing on the record in accordance with sections 554
and 556 of title 5, United States Code, issue an order
assessing such civil penalty.
‘‘(b) ACTIONS.—The Administrator may commence a
civil action to enjoin any violation of section 1466 or 1467
or to assess and recover any civil penalty under subsection
(a). Any such action may be brought in the district court
of the United States for the district in which the violation
is alleged to have occurred or in which the defendant re-
sides or has the defendant’s principal place of business.
Such a court shall have jurisdiction to issue injunctive re-
lief and to assess a civil penalty.
‘‘(c) ORDER.—The Administrator may issue an order
to require any person to comply with any requirement of
section 1466 or 1467.
‘‘(d) FUTURE
COMPLIANCE.—The Administrator
shall periodically evaluate compliance with the standards
under sections 1466 and 1467.
‘‘SEC. 1469. RESIDENTIAL WATER TREATMENT UNITS.
‘‘(a) FTC INVESTIGATION.—The Federal Trade
Commission, in consultation with the Administrator of the
Environmental Protection Agency, shall conduct an inves-
tigation, pursuant to the Federal Trade Commission Act,
into the veracity of claims that devices manufactured, sold,
or distributed in interstate commerce for use in single and
multi-family residences will improve the quality of drink-
ing water or eliminate or reduce the level of 1 or more
drinking water contaminants (for which a national pri-
mary drinking water regulation is promulgated under the
Safe Drinking Water Act) and shall take such action pur-
suant to section 5 of such Act against any person who
introduces, delivers for introduction, sells, advertises, or
offers for sale, in interstate commerce, such devices as the
Commission deems appropriate to ensure that such claims
are consistent with the requirements of that Act and any
applicable decisions and orders of the Commission under
section 5 of that Act. The Commission shall, consistent
with the requirements of such Act, report the results of
its investigation and the actions it takes to the Congress
within 2 years after enactment of this Act. The Commis-
sion may, from time to time, issue rules (pursuant to sec-
tion 553 of title 5 of the United States Code) and any
violation of such rules shall be treated by the Commission
as a violation of a rule under section 18 of the Federal
Trade Commission Act (15 U.S.C. 57a) regarding unfair
or deceptive acts or practices.
‘‘(b) EPA REPORT.—The Administrator, taking into
account any available results of such study, shall, within
3 years after the date of the enactment of the Safe Drink-
ing Water Act Amendments of 1994, submit a report to
Congress containing recommendations regarding the effec-
tiveness of such devices, and recommendations for legisla-
tion, to the extent necessary to assure the effectiveness
of such devices in reducing the level of drinking water con-
taminants.’’.
SEC. 27. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 349) is amended—
(1) by striking ‘‘Whenever’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever’’;
and
(2) by adding at the end thereof the following
new subsection:
‘‘(b) BOTTLED DRINKING WATER STANDARDS.—(1)
Not later than 180 days after the Administrator of the
Environmental Protection Agency promulgates a national
primary drinking water regulation for a contaminant
under section 1412 of the Public Health Service Act (42
U.S.C. 300g–1), the Secretary, after public notice and
comment, shall issue a regulation under this subsection
for that contaminant in bottled water or make a finding
that such a regulation is not necessary to protect the pub-
lic health because the contaminant is contained in water
in public water systems (as defined under section 1401(4)
of such Act (42 U.S.C. 300f(4)) but not in water used
for bottled drinking water. In the case of contaminants
for which national primary drinking water regulations
were promulgated under such section 1412 before the date
of enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Secretary shall issue such regulation
within 1 year after such date of enactment.
‘‘(2) A regulation issued by the Secretary as provided
in this subsection shall include any monitoring require-
SEC. 28. ARSENIC.
(a) STUDY.—Subject to availability of appropriations,
the Administrator of the Environmental Protection Agen-
cy shall enter into an agreement with the National Acad-
emy of Sciences to conduct a comprehensive study of the
human health effects of arsenic (which is subject to regu-
lation as a contaminant under the Safe Drinking Water
Act), taking into consideration the fact that arsenic occurs
naturally. Such study shall be completed within 2 years
of the date the agreement is entered into. A report shall
be transmitted to the Administrator of the Environmental
Protection Agency for purposes of subsection (b).
(b) REGULATION.—
(1) PROPOSED REGULATION.—Not later than
December 31, 1996, the Administrator of the Envi-
ronmental Protection Agency shall propose a na-
tional primary drinking water regulation for arsenic.
If the study under subsection (a) is begun before
May 31, 1996, the Administrator may not, except as
provided in paragraph (2), promulgate such regula-
tion until the National Academy of Sciences has is-
sued a report under such subsection. When the Na-
tional Academy of Sciences issues such report, the
Administrator shall reopen the comment period on
the proposed regulation for 60 days.
(2) REGULATION.—The Administrator shall
promulgate a national primary drinking water regu-
lation for arsenic not later than December 31, 1999,
except that the Administrator may extend such date
for 1 year if the Administrator has issued a new
proposed regulation for arsenic. The Administrator
may promulgate such regulation prior to such date
if the Administrator finds that arsenic in drinking
water is associated with an imminent and substan-
tial endangerment to the health of persons and pub-
lishes such determination in the Federal Register.
(3) STANDARD SETTING PROCESS.—In issuing
the national primary drinking water regulation for
arsenic, the Administrator may promulgate a na-
tional primary drinking water regulation pursuant to
section 1412(b)(5)(A) and (B) of the Safe Drinking
Water Act.
SEC. 29. DEFINITIONS.
(a) PIPED WATER.—Section 1401 is amended by
adding at the end the following:
‘‘(15) The term ‘piped water’ means, in addi-
tion to water carried in pipes, water carried in cul-
verts, canals, or similar conveyances. Such term does
not include irrigation water provided to incidental
nonagricultural users if the Administrator or State
(in the case of a State exercising primary enforce-
ment responsibility for public water systems) deter-
mines that alternative drinking water to achieve the
equivalent level of health protection provided by the
applicable national primary drinking water regula-
tions is provided for drinking, cooking, and bathing,
or where the Administrator or State (in the case of
a State exercising primary enforcement responsibil-
ity for public water systems) determines that the
water provided for drinking, cooking, and bathing is
treated by the provider of such irrigation water, or
a pass-through entity providing water for drinking,
cooking, and bathing, to achieve the equivalent level
of health protection provided by the applicable na-
tional primary drinking water regulations. This
paragraph shall not be construed to affect the mean-
ing of the term ‘human consumption’ as used in any
other provision of this title. As used in this para-
graph, the term ‘conveyance’ does not include rivers,
streams, lakes, or ponds. Nothing in this paragraph
shall create new or additional requirements for pub-
lic water systems.’’.
(b) ALTERNATIVE QUALITY CONTROL AND TESTING
PROCEDURES.—Section 1401(1)(D) is amended by adding
the following at the end thereof: ‘‘At any time after pro-
mulgation of a regulation referred to in this paragraph,
the Administrator may add equally effective quality con-
trol and testing procedures by guidance published in the
Federal Register. Such procedures shall be treated as an
alternative for public water systems to the quality control
and testing procedures listed in the regulation.’’.
SEC. 30. REPORTS ON ENVIRONMENTAL PROTECTION
AGENCY ADMINISTERED PROGRAMS.
For States and Indian Tribes in which the Adminis-
trator of the Environmental Protection Agency has re-
voked primary enforcement responsibility under part B of
title XIV of the Public Health Service Act (the Safe
Drinking Water Act) or is otherwise administering such
title, the Administrator shall provide every 2 years, a re-
port to Congress on the implementation by the Adminis-
trator of all applicable requirements of that title in such
States.
SEC. 31. GENERAL AUTHORIZATION.
(a) IN GENERAL.—Part A is amended by adding the
following new section after section 1401:
‘‘SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
title for the first 8 fiscal years following the enactment
of the Safe Drinking Water Act Amendments of 1994.’’.
100
(b) CONFORMING AMENDMENTS.—The heading for
part A is amended to read as follows:
‘‘PART A—GENERAL PROVISIONS’’.
SEC. 32. CLERICAL AMENDMENT.
Section 1421(b)(3)(B)(i) is amended by striking
‘‘number or States’’ and inserting ‘‘number of States’’.
Passed the House of Representatives September 27,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 3392 PCS—2
HR 3392 PCS—3
HR 3392 PCS—4
HR 3392 PCS—5
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