Safe Drinking Water Act Improved Compliance Awareness Act

Bill: 114-hr-4470
Sponsor: full_name: Rep. Kildee, Daniel T. [D-MI-5]
Introduced: 2016-02-04
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Child health

Consumer affairs

Environmental Protection Agency (EPA)

Environmental health

Environmental regulatory procedures

Government information and archives

Hazardous wastes and toxic substances

Water quality

Water use and supply

Women's health
Latest action: action_date: 2016-07-14
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2016-02-04
action_desc: Introduced in House
text: <p><b>Safe Drinking Water Act Improved Compliance Awareness Act</b></p> <p>This bill amends the Safe Drinking Water Act to require public water systems to notify their customers of lead concentration levels in drinking water that exceed lead limits under national primary drinking water regulations.</p> <p>The Environmental Protection Agency (EPA) must notify customers of a violation of a national primary drinking water regulation with significant potential to have serious adverse effects on human health as a result of acute exposure, if the state or the public water system fails to notify the public within 24 hours of receiving notice from the EPA of the exceedance.</p> <p>Community water systems' consumer confidence reports must include a definition of "action level,&quot; which is generally a certain contaminant level that triggers a requirement for the public water system to take additional actions to control corrosion.</p> <p>The EPA must establish a strategic plan for conducting targeted outreach, education, technical assistance, and risk communication to populations affected by lead in the public water system. </p> <p>EPA employees must forward to the public water system any data indicating that drinking water contains lead that exceeds limits. The public water system must then disseminate to its customers information on the exceedance of a lead limit, its potential adverse effects on human health, corrective steps underway, and advice on whether customers should seek alternative water supplies. The EPA must disseminate the information if the public water system or the state fails to do so. </p> <p>The EPA must: (1) make information about lead in drinking water available to the public, and (2) carry out targeted outreach strategies that focus on educating groups that are at greater risk than the general population for adverse health effects from exposure to lead in drinking water.

action_date: 2016-02-10
action_desc: Passed House amended
text: <p><b>Safe Drinking Water Act Improved Compliance Awareness Act</b></p> <p>(Sec. 2) This bill amends the Safe Drinking Water Act to require public water systems to notify their customers when a lead action level under national drinking water regulations is exceeded in more than 10% of customer taps sampled. (An action level is a level of contaminates which triggers a requirement for the public water system to take additional actions to control corrosion.) The Environmental Protection Agency (EPA) must notify customers if the state or the public water system fails to notify the public within 24 hours of receiving notice from the EPA.</p> <p>Community water systems' consumer confidence reports must include: (1) a definition of &quot;action level,&quot; and (2) the action level for contaminants detected in water provided by the public water system.</p> <p>The EPA must establish a strategic plan for conducting targeted outreach, education, technical assistance, and risk communication to populations affected by lead in the public water system. </p> <p>EPA employees must forward to the public water system and to the state information indicating that drinking water contains lead that exceeds a lead action level. The public water system must then disseminate this information to its customers along with its potential adverse effects on human health, corrective steps underway, and advice on whether customers should seek alternative water supplies. If the public water system or the state fails to disseminate the information, the EPA must disseminate it as soon as reasonably possible.</p> <p>(Sec. 3) The EPA must: (1) make information about lead in drinking water available to the public, and (2) carry out targeted outreach strategies that focus on educating groups that are at greater risk than the general population for adverse health effects from exposure to lead in drinking water.

tv_txt: I 114th CONGRESS 2d Session H. R. 4470 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Safe Drinking Water Act with respect to the requirements related to lead in drinking water, and for other purposes.

1. Short title This Act may be cited as the Safe Drinking Water Act Improved Compliance Awareness Act . 2. Enforcement of drinking water regulations Section 1414(c) of the Safe Drinking Water Act ( 42 U.S.C. 300g–3(c) ) is amended— (1) in the header, by inserting States, the Administrator, and before persons served ; (2) in paragraph (1)— (A) in subparagraph (C), by striking paragraph (2)(E) and inserting paragraph (2)(F) ; and (B) by adding at the end the following: (D) Notice of any exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. ; (3) in paragraph (2)— (A) in subparagraph (B), by striking subparagraph (D) and inserting subparagraph (E) ; (B) in subparagraph (C)— (i) in the header, by striking Violations and inserting Notice of violations ; (ii) in the matter preceding clause (i)— (I) by inserting , and each exceedance described in paragraph (1)(D), after for each violation ; and (II) by inserting or exceedance after Each notice of violation ; (iii) by inserting or exceedance after the violation each place it appears; and (iv) in clause (iv)— (I) in subclause (I), by striking broadcast media and inserting media, including broadcast media, ; (II) in subclause (II)— (aa) by striking in a newspaper of general circulation serving the area and inserting for circulation in the affected area, including in a newspaper of general circulation serving the area, ; and (bb) by striking or the date of publication of the next issue of the newspaper ; and (III) in subclause (III), by striking in lieu of notification by means of broadcast media or newspaper ; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (D) by inserting after subparagraph (C) the following: (D) Notice by Administrator If, after 24 hours after the Administrator’s notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system has not issued a notice that is required under subparagraph (C) for an exceedance described in paragraph (1)(D), the Administrator shall issue such required notice pursuant to this paragraph. ; (4) in paragraph (3)(B)— (A) by striking subparagraph (A) and and inserting subparagraph (A), ; and (B) by striking subparagraph (C) or (D) of paragraph (2) and inserting subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of such paragraph ; (5) in paragraph (4)(B)— (A) in clause (ii), by striking the terms and inserting the terms action level , ; and (B) in clause (iii), by striking and (IV) and inserting (IV) the action level for the contaminant, and (V) ; and (6) by adding at the end the following: (5) Exceedance of safe lead level (A) Strategic plan Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C). (B) EPA initiation of notice (i) Forwarding of data by employee of EPA If the Environmental Protection Agency develops or receives, from a source other than the State or the public water system, data, which meets the requirements of section 1412(b)(3)(A)(ii), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level promulgated under section 1412, the Administrator shall require an appropriate employee of the Agency to forward such data to the owner or operator of the public water system and to the State in which the exceedance occurred within a time period established by the Administrator. (ii) Dissemination of information by owner or operator If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate to affected persons the information described in subparagraph (C). (iii) Consultation (I) Deadline With respect to an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412, if the owner or operator of the public water system does not disseminate, in the time period established by the Administrator, the information described in subparagraph (C), as required under clause (ii), not later than 24 hours after becoming aware of such failure to disseminate, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate such information to affected persons within 24 hours of the end of such consultation period. (II) Delegation The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation. (iv) Dissemination by Administrator The Administrator shall, as soon as reasonably possible, disseminate to affected persons the information described subparagraph (C) if— (I) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or (II) the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period. (C) Information required Information required to be disseminated under this paragraph shall include a clear explanation of the exceedance of a lead action level, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and the necessity of seeking alternative water supplies until the exceedance is corrected. (6) Privacy Any notice under this subsection to the public or an affected person shall protect the privacy of individual customer information. . 3. Prohibition on use of lead pipes, solder, and flux Section 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) is amended— (1) by amending subsection (a)(2)(A) to read as follows: (A) In general (i) Identification and notice Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by— (I) lead contamination of their drinking water where such contamination results from— (aa) the lead content in the construction materials of the public water distribution system; or (bb) corrosivity of the water supply sufficient to cause leaching of lead; or (II) an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. (ii) Manner and form Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard. ; (2) in subsection (b)(2)— (A) by striking The requirements and inserting the following: (A) In general The requirements ; and (B) by adding at the end the following: “Enforcement of such requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate. (B) Notification by Administrator In the case of an exceedance described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the persons who may be affected by such exceedance in accordance with subsection (a)(2), the Administrator shall notify such persons of such exceedance in accordance with subsection (a)(2), including notification of the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information. ; and (3) by adding at the end the following: (f) Public education (1) In general The Administrator shall make information available to the public regarding lead in drinking water, including information regarding— (A) risks associated with lead in drinking water; (B) the likelihood that drinking water in a residence may contain lead; (C) steps States, public water systems, and consumers can take to reduce the risks of lead; and (D) the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water. (2) Vulnerable populations In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water. .

Passed the House of Representatives February 10, 2016. Karen L. Haas, Clerk.

tv_txt: II 114th CONGRESS 2d Session H. R. 4470 IN THE SENATE OF THE UNITED STATES February 11, 2016 Received AN ACT To amend the Safe Drinking Water Act with respect to the requirements related to lead in drinking water, and for other purposes.

1. Short title This Act may be cited as the Safe Drinking Water Act Improved Compliance Awareness Act . 2. Enforcement of drinking water regulations Section 1414(c) of the Safe Drinking Water Act ( 42 U.S.C. 300g–3(c) ) is amended— (1) in the header, by inserting States, the Administrator, and before persons served ; (2) in paragraph (1)— (A) in subparagraph (C), by striking paragraph (2)(E) and inserting paragraph (2)(F) ; and (B) by adding at the end the following: (D) Notice of any exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. ; (3) in paragraph (2)— (A) in subparagraph (B), by striking subparagraph (D) and inserting subparagraph (E) ; (B) in subparagraph (C)— (i) in the header, by striking Violations and inserting Notice of violations ; (ii) in the matter preceding clause (i)— (I) by inserting , and each exceedance described in paragraph (1)(D), after for each violation ; and (II) by inserting or exceedance after Each notice of violation ; (iii) by inserting or exceedance after the violation each place it appears; and (iv) in clause (iv)— (I) in subclause (I), by striking broadcast media and inserting media, including broadcast media, ; (II) in subclause (II)— (aa) by striking in a newspaper of general circulation serving the area and inserting for circulation in the affected area, including in a newspaper of general circulation serving the area, ; and (bb) by striking or the date of publication of the next issue of the newspaper ; and (III) in subclause (III), by striking in lieu of notification by means of broadcast media or newspaper ; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (D) by inserting after subparagraph (C) the following: (D) Notice by Administrator If, after 24 hours after the Administrator’s notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system has not issued a notice that is required under subparagraph (C) for an exceedance described in paragraph (1)(D), the Administrator shall issue such required notice pursuant to this paragraph. ; (4) in paragraph (3)(B)— (A) by striking subparagraph (A) and and inserting subparagraph (A), ; and (B) by striking subparagraph (C) or (D) of paragraph (2) and inserting subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of such paragraph ; (5) in paragraph (4)(B)— (A) in clause (ii), by striking the terms and inserting the terms action level , ; and (B) in clause (iii), by striking and (IV) and inserting (IV) the action level for the contaminant, and (V) ; and (6) by adding at the end the following: (5) Exceedance of safe lead level (A) Strategic plan Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C). (B) EPA initiation of notice (i) Forwarding of data by employee of EPA If the Environmental Protection Agency develops or receives, from a source other than the State or the public water system, data, which meets the requirements of section 1412(b)(3)(A)(ii), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level promulgated under section 1412, the Administrator shall require an appropriate employee of the Agency to forward such data to the owner or operator of the public water system and to the State in which the exceedance occurred within a time period established by the Administrator. (ii) Dissemination of information by owner or operator If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate to affected persons the information described in subparagraph (C). (iii) Consultation (I) Deadline With respect to an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412, if the owner or operator of the public water system does not disseminate, in the time period established by the Administrator, the information described in subparagraph (C), as required under clause (ii), not later than 24 hours after becoming aware of such failure to disseminate, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate such information to affected persons within 24 hours of the end of such consultation period. (II) Delegation The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation. (iv) Dissemination by Administrator The Administrator shall, as soon as reasonably possible, disseminate to affected persons the information described subparagraph (C) if— (I) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or (II) the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period. (C) Information required Information required to be disseminated under this paragraph shall include a clear explanation of the exceedance of a lead action level, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and the necessity of seeking alternative water supplies until the exceedance is corrected. (6) Privacy Any notice under this subsection to the public or an affected person shall protect the privacy of individual customer information. . 3. Prohibition on use of lead pipes, solder, and flux Section 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) is amended— (1) by amending subsection (a)(2)(A) to read as follows: (A) In general (i) Identification and notice Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by— (I) lead contamination of their drinking water where such contamination results from— (aa) the lead content in the construction materials of the public water distribution system; or (bb) corrosivity of the water supply sufficient to cause leaching of lead; or (II) an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. (ii) Manner and form Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard. ; (2) in subsection (b)(2)— (A) by striking The requirements and inserting the following: (A) In general The requirements ; and (B) by adding at the end the following: “Enforcement of such requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate. (B) Notification by Administrator In the case of an exceedance described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the persons who may be affected by such exceedance in accordance with subsection (a)(2), the Administrator shall notify such persons of such exceedance in accordance with subsection (a)(2), including notification of the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information. ; and (3) by adding at the end the following: (f) Public education (1) In general The Administrator shall make information available to the public regarding lead in drinking water, including information regarding— (A) risks associated with lead in drinking water; (B) the likelihood that drinking water in a residence may contain lead; (C) steps States, public water systems, and consumers can take to reduce the risks of lead; and (D) the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water. (2) Vulnerable populations In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water. .

Passed the House of Representatives February 10, 2016. Karen L. Haas, Clerk

tv_txt: I 114th CONGRESS 2d Session H. R. 4470 IN THE HOUSE OF REPRESENTATIVES February 4, 2016 Mr. Kildee (for himself, Mr. Upton , Mr. Conyers , Mr. Levin , Mrs. Miller of Michigan , Mr. Walberg , Mr. Amash , Mr. Benishek , Mr. Huizenga of Michigan , Mr. Bishop of Michigan , Mrs. Dingell , Mrs. Lawrence , Mr. Moolenaar , Mr. Trott , Mr. Ryan of Ohio , Mr. Payne , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act with respect to the requirements related to lead in drinking water, and for other purposes.

1. Short title This Act may be cited as the Safe Drinking Water Act Improved Compliance Awareness Act . 2. Enforcement of drinking water regulations Section 1414(c) of the Safe Drinking Water Act ( 42 U.S.C. 300g–3(c) ) is amended— (1) in the header, by inserting States, the Administrator, and before persons served ; (2) in paragraph (1), by adding at the end the following: (D) Notice of any exceedance of a lead action level or any other enforceable maximum level of lead in a regulation issued under section 1412, which shall protect the privacy of individual customer information. ; (3) in paragraph (2)— (A) in subparagraph (C)— (i) in the header, by striking Violations and inserting Notice of violations ; and (ii) in clause (iv)— (I) in subclause (I), by striking broadcast ; (II) in subclause (II), by striking in a newspaper of general circulation serving the area and inserting for circulation in the affected area ; and (III) in subclause (III), by striking in lieu of notification by means of broadcast media or newspaper ; (B) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (C) by inserting after subparagraph (C) the following: (D) Notice by Administrator If, after 24 hours after the Administrator’s notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system, with regard to a notice required under subparagraph (C), has not issued a notice for a violation of a national primary drinking water regulation with significant potential to have serious adverse effects on human health as a result of acute exposure, the Administrator shall issue such required notice pursuant to this paragraph. ; (4) in paragraph (4)(B)(ii), by striking the terms and inserting the terms action level , ; and (5) by adding at the end the following: (5) Exceedance of safe lead level (A) Strategic plan Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C). (B) EPA initiation of notice (i) Forwarding of data by employee of EPA If an employee of the Environmental Protection Agency develops or receives data, which meets the requirements of section 1412(b)(3)(A), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level or other enforceable maximum level of lead in a regulation promulgated under section 1412, the employee shall forward such data to the owner or operator of the public water system in which the exceedance occurred. (ii) Dissemination of information by owner or operator If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate the information described in subparagraph (C). (iii) Consultation (I) Deadline Not later than 24 hours after becoming aware that an owner or operator of a public water system has not disseminated the information described in subparagraph (C) in the time period established by the Administrator as required under clause (ii), the Administrator shall consult, for a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to make such information available to affected persons within 24 hours of the end of such consultation period. (II) Delegation The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation. (iv) Dissemination by Administrator The Administrator shall disseminate the information described subparagraph (C) if— (I) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or (II) the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period. (C) Information required Information required to be disclosed under this paragraph shall include a clear explanation of the exceedance of a lead action level or other enforceable maximum level of lead in a regulation promulgated under section 1412, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and whether it is advisable for persons served by the public water system to seek alternative water supplies. . 3. Prohibition on use of lead pipes, solder, and flux Section 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) is amended— (1) by amending subsection (a)(2)(A) to read as follows: (A) In general (i) Identification and notice Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by— (I) lead contamination of their drinking water where such contamination results from— (aa) the lead content in the construction materials of the public water distribution system; or (bb) corrosivity of the water supply sufficient to cause leaching of lead; or (II) an exceedance, in their drinking water, of a lead action level or any other enforceable maximum level of lead in a regulation issued under section 1412. (ii) Manner and form Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard. ; and (2) in subsection (b)(2)— (A) by striking The requirements and inserting the following: (A) In general The requirements ; (B) by adding at the end the following: “Enforcement of these requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate. (B) Notification by Administrator In the case of a violation described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the public of the violation in accordance with subsection (a)(2), the Administrator shall notify the public of such violation in accordance with subsection (a)(2), including the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information. ; and (3) by adding at the end the following: (f) Public education (1) In general The Administrator shall make information available to the public regarding lead in drinking water, including information regarding— (A) risks associated with lead in drinking water; (B) the likelihood that drinking water in a residence may contain lead; (C) steps States, water utilities, and consumers can take to reduce the risks of lead; and (D) the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water. (2) Vulnerable populations In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water. .

tv_txt: IIB 114th CONGRESS 2d Session H. R. 4470 IN THE SENATE OF THE UNITED STATES February 11, 2016 Received July 14, 2016 Read twice and referred to the Committee on Environment and Public Works AN ACT To amend the Safe Drinking Water Act with respect to the requirements related to lead in drinking water, and for other purposes.

1. Short title This Act may be cited as the Safe Drinking Water Act Improved Compliance Awareness Act . 2. Enforcement of drinking water regulations Section 1414(c) of the Safe Drinking Water Act ( 42 U.S.C. 300g–3(c) ) is amended— (1) in the header, by inserting States, the Administrator, and before persons served ; (2) in paragraph (1)— (A) in subparagraph (C), by striking paragraph (2)(E) and inserting paragraph (2)(F) ; and (B) by adding at the end the following: (D) Notice of any exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. ; (3) in paragraph (2)— (A) in subparagraph (B), by striking subparagraph (D) and inserting subparagraph (E) ; (B) in subparagraph (C)— (i) in the header, by striking Violations and inserting Notice of violations ; (ii) in the matter preceding clause (i)— (I) by inserting , and each exceedance described in paragraph (1)(D), after for each violation ; and (II) by inserting or exceedance after Each notice of violation ; (iii) by inserting or exceedance after the violation each place it appears; and (iv) in clause (iv)— (I) in subclause (I), by striking broadcast media and inserting media, including broadcast media, ; (II) in subclause (II)— (aa) by striking in a newspaper of general circulation serving the area and inserting for circulation in the affected area, including in a newspaper of general circulation serving the area, ; and (bb) by striking or the date of publication of the next issue of the newspaper ; and (III) in subclause (III), by striking in lieu of notification by means of broadcast media or newspaper ; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (D) by inserting after subparagraph (C) the following: (D) Notice by Administrator If, after 24 hours after the Administrator’s notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system has not issued a notice that is required under subparagraph (C) for an exceedance described in paragraph (1)(D), the Administrator shall issue such required notice pursuant to this paragraph. ; (4) in paragraph (3)(B)— (A) by striking subparagraph (A) and and inserting subparagraph (A), ; and (B) by striking subparagraph (C) or (D) of paragraph (2) and inserting subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of such paragraph ; (5) in paragraph (4)(B)— (A) in clause (ii), by striking the terms and inserting the terms action level , ; and (B) in clause (iii), by striking and (IV) and inserting (IV) the action level for the contaminant, and (V) ; and (6) by adding at the end the following: (5) Exceedance of safe lead level (A) Strategic plan Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C). (B) EPA initiation of notice (i) Forwarding of data by employee of EPA If the Environmental Protection Agency develops or receives, from a source other than the State or the public water system, data, which meets the requirements of section 1412(b)(3)(A)(ii), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level promulgated under section 1412, the Administrator shall require an appropriate employee of the Agency to forward such data to the owner or operator of the public water system and to the State in which the exceedance occurred within a time period established by the Administrator. (ii) Dissemination of information by owner or operator If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate to affected persons the information described in subparagraph (C). (iii) Consultation (I) Deadline With respect to an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412, if the owner or operator of the public water system does not disseminate, in the time period established by the Administrator, the information described in subparagraph (C), as required under clause (ii), not later than 24 hours after becoming aware of such failure to disseminate, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate such information to affected persons within 24 hours of the end of such consultation period. (II) Delegation The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation. (iv) Dissemination by Administrator The Administrator shall, as soon as reasonably possible, disseminate to affected persons the information described subparagraph (C) if— (I) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or (II) the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period. (C) Information required Information required to be disseminated under this paragraph shall include a clear explanation of the exceedance of a lead action level, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and the necessity of seeking alternative water supplies until the exceedance is corrected. (6) Privacy Any notice under this subsection to the public or an affected person shall protect the privacy of individual customer information. . 3. Prohibition on use of lead pipes, solder, and flux Section 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) is amended— (1) by amending subsection (a)(2)(A) to read as follows: (A) In general (i) Identification and notice Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by— (I) lead contamination of their drinking water where such contamination results from— (aa) the lead content in the construction materials of the public water distribution system; or (bb) corrosivity of the water supply sufficient to cause leaching of lead; or (II) an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. (ii) Manner and form Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard. ; (2) in subsection (b)(2)— (A) by striking The requirements and inserting the following: (A) In general The requirements ; and (B) by adding at the end the following: “Enforcement of such requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate. (B) Notification by Administrator In the case of an exceedance described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the persons who may be affected by such exceedance in accordance with subsection (a)(2), the Administrator shall notify such persons of such exceedance in accordance with subsection (a)(2), including notification of the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information. ; and (3) by adding at the end the following: (f) Public education (1) In general The Administrator shall make information available to the public regarding lead in drinking water, including information regarding— (A) risks associated with lead in drinking water; (B) the likelihood that drinking water in a residence may contain lead; (C) steps States, public water systems, and consumers can take to reduce the risks of lead; and (D) the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water. (2) Vulnerable populations In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water. .

Passed the House of Representatives February 10, 2016. Karen L. Haas, Clerk