Safe Drinking Water Act Amendments of 1996
PL 104-182 (S.1316), enacted 08/06/1996

PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1613 
Public Law 104-182 
104th Congress 
An Act 
To reauthorize and amend title XIV of the Public Health Service Act (commonly 
Aug. 6, 1996 
known as the "Safe Drinking Water Act"), and for other purposes. 
[S. 1316] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
Safe Drinking 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
A^fnd^ents of 
(a) SHORT TITLE.—This Act may be cited as the "Safe Drinking 
J ^ -
Water Act Amendments of 1996". 
gSwmnental 
(b) TABLE OF CONTENTS.— 
. 
relations. 
Sec. 1. Short title; table of contents. 
Envu^nmental 
Sec. 2. References; effective date; disclaimer. 
??vS?H°ii;, 
Sec. 3. Findings. 
42 USC 201 note. 
TITLE I—AMENDMENTS TO SAFE DRINKING WATER ACT 
Sec. 101. Definitions. 
Sec. 102. General authority. 
Sec. 103. Risk assessment, management, and communication. 
Sec. 104. Standard-setting. 
Sec. 105. Treatment technologies for small systems. 
Sec. 106. Limited alternative to filtration. 
Sec. 107. Ground water disinfection. 
Sec. 108. Effective date for regulations. 
Sec. 109. Arsenic, sulfate, ana radon. 
Sec. 110. Recvcling of filter backwash. 
Sec. 111. Tecnnology and treatment techniques. 
Sec. 112. State primacy. 
Sec. 113. Enforcement; judicial review. 
Sec. 114. Public notification. 
Sec. 115. Variances. 
Sec. 116. Small systems variances. 
Sec. 117. Exemptions. 
Sec. 118. Lead plvunbing and pipes. 
Sec. 119. Capacity development. 
Sec. 120. Authorization of appropriations for certain ground water programs. 
Sec. 121. Amendments to section 1442. 
Sec. 122. Technical assistance. 
Sec. 123. Operator certification. 
Sec. 124. Public water system supervision program. 
Sec. 125. Monitoring and information gathering. 
Sec. 126. Occurrence data base. 
Sec. 127. Drinking Water Advisory Coimcil. 
Sec. 128. New York City watershed protection program. 
Sec. 129. Federal agencies. 
Sec. 130. State revolving loan funds. 
Sec. 131. State ground water protection grants. 
Sec. 132. Source water assessment. 
Sec. 133. Soiuxe water petition pirogram. 
Sec. 134. Water conservation plan. 
Sec. 135. Drinking water assistance to colonias. 
Sec. 136. Estrogenic substances screening program. 
Sec. 137. Drinking water studies. 
TITLE II—DRINKING WATER RESEARCH 
Sec. 201. Drinking water research authorization. 
110 STAT. 1614 
PUBLIC LAW 104-182—AUG. 6, 1996 
Sec. 202. Scientific research review. 
Sec. 203. National center for ground water research. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Water return flows. 
Sec. 302 Transfer of funds. 
Sec. 303. Grants to Alaska to improve sanitation in rural and Native villages. 
Sec. 304. Sense of the Congress. 
Sec. 305. Bottled drinking water standards. 
Sec. 306. Washington Aqueduct. 
Sec. 307. Wastewater assistance to colonias. 
Sec. 308. Prevention and control of zebra mussel infestation of Lake Champlain. 
TITLE IV—ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND 
WATERSHEDS 
Sec. 401. National program. 
TITLE V—CLERICAL AMENDMENTS 
Sec. 501. Clerical amendments. 
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER. 
(a) REFERENCES TO SAFE DRINKING WATER ACT.—^Except aS 
otherwise expressly provided, whenever in this Act an amendment 
or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered 
to be made to that section or other provision of title XTV of the 
Public Health Service Act (commonly known as the "Safe Drinking 
Water Act") (42 U.S.C. 300f et seq.). 
42USC300f 
(b) EFFECTIVE DATE.—^Except as otherwise specified in this 
note. 
Act or in the amendments made by this Act, this Act and the 
amendments made by this Act shall take effect on the date of 
enactment of this Act. 
42 use S
O
O
f 
(c) DISCLAIMER.—^Except for the provisions of section 302 (relat-
note. 
ing to transfers of funds), nothing in this Act or in any amendments 
made by this Act to title XIV of the Public Health Service Act 
(commonly known as the "Safe Drinking Water Act") or any other 
law shall be construed by the Administrator of the Environmental 
Protection Agency or the courts as affecting, modifying, expanding, 
changing, or altering— 
(1) the provisions of the Federal Water Pollution Control 
Act; 
(2) the duties and responsibilities of the Administrator 
under that Act; or 
(3) the regulation or control of point or nonpoint sources 
of pollution discharged into waters covered by that Act. 
The Administrator shall identify in the agency's annual budget 
all funding and full-time equivsdents administering such title XIV 
separately from funding and staffing for the Federal Water Pollution 
Control Act. 
42 u s e 300f 
SEC. 3. FINDINGS. 
The Congress finds that— 
(1) safe drinking water is essential to the protection of 
public health; 
(2) because the requirements of the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.) now exceed the financial and 
technical capacity of some public water systems, especially 
many small public water systems, the Federal Government 
needs to provide assistance to communities to help the commu-
nities meet Federal drinking water requirements; 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1615 
(3) the Federal Government commits to maintaining and 
improving its partnership with the States in the administration 
and implementation of the Safe Drinking Water Act; 
(4) States play a central role in the implementation of 
safe drinking water programs, and States need increased finan-
cial resources and appropriate flexibility to ensure the prompt 
and effective development and implementation of drinking 
water programs; 
(5) the existing process for the assessment and selection 
of additional drinking water contaminants needs to be revised 
and improved to ensure that there is a sound scientific basis 
for setting priorities in establishing drinking water regulations; 
(6) procedures for assessing the health effects of contami-
nants establishing drinking water standards should be revised 
to provide greater opportunity for public education and partici-
pation; 
(7) in considering the appropriate level of regulation for 
contaminants in drimdng water, risk assessment, based on 
sound and objective science, and benefit-cost analysis are impor-
tant analytical tools for improving the efficiency and effective-
ness of drinking water regulations to protect human health; 
(8) more effective protection of public health requires— 
(A) a Federal commitment to set priorities that will 
allow scarce Federal, State, and local resources to be tar-
geted toward the drinking water problems of greatest public 
ealth concern; 
(B) maximizing the value of the different and com-
plementary strengths and responsibilities of the Federal 
and State governments in those States that have primary 
enforcement responsibility for the Safe Drinking Water 
Act; and 
(C) prevention 
of drinking 
water 
contamination 
through well-trained system operators, water systems with 
adequate managerial, technical, and financial capacity, and 
enhanced protection of source waters of public water sys-
tems; 
(9) compliance with the requirements of the Safe Drinking 
Water Act continues to be a concern at public water systems 
experiencing technical and financial limitations, and Federal, 
State, and local governments need more resources and more 
effective authority to attain the objectives of the Safe Drinking 
Water Act; and 
(10) consumers served by public water systems should be 
provided with information on the source of the water they 
are drinking and its quality and safety, as well as prompt 
notification of any violation of drinking water regulations. 
TITLE I—AMENDMENTS TO SAFE 
DRINKING WATER ACT 
SEC. 101. DEFINrriONS. 
(a) IN GENERAL.—Section 1401 (42 U.S.C. 300f) is amended 
as follows: 
(1) In paragraph (1)— 
(A) in subparagraph (D), by inserting "accepted meth-
ods for" before "quality control"; and 
110 STAT. 1616 
PUBLIC LAW 104-182—AUG. 6, 1996 
Federal Register, 
(B) by adding at the end the following: "At any time 
publication. 
after promulgation of a regulation referred to in this para-
graph, the Administrator may add equally effective quality 
control 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.". 
(2) In paragraph (13>— 
(A) by striking "The" and inserting "(A) Except as 
provided in subparagraph (B), the"; and 
(B) by adding at the end the following: 
"(B) For purposes of section 1452, the term 'State' means 
each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.". 
(3) In paragraph (14), by adding at the end the following: 
"For purposes of section 1452, the term includes any Native 
village (as defined in section 3(c) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602(c))).". 
(4) By adding at the end the following: 
"(15) COMMUMTY WATER SYSTEM.—^The term 'community 
water system' means a public water system that— 
"(A) serves at least 15 service connections used by 
year-round residents of the area served by the system; 
or 
"(B) regularly serves at least 25 year-round residents. 
"(16) NONCOMMUNITY WATER SYSTEM.—The term 'non-
community water system' means a public water system that 
is not a community water system.". 
(b) PUBLIC WATER SYSTEM.— 
(1) IN GENERAL.—Section 1401(4) (42 U.S.C. 300f(4)) is 
amended as follows: 
(A) In the first sentence, by striking "piped water for 
human consumption" and inserting "water for human 
consumption through pipes or other constructed convey-
ances". 
(B) By redesignating subparagraphs (A) and (B) as 
clauses (i) and (ii), respectively. 
(C) By striking "(4) The" and inserting the following: 
"(4) PUBLIC WATER SYSTEM.— 
"(A) IN GENERAL.—The"; and 
(D) by adding at the end the following: 
"(B) CONNECTIONS.— 
"(i) IN GENERAL.—^For purposes of subparagraph 
(A), a connection to a system that delivers water by 
a constructed conveyance other than a pipe shall not 
be considered a connection, if— 
"(I) the water is used exclusively for purposes 
other than residential uses (consisting of drinking, 
bathing, and cooking, or other similar uses); 
"(II) the Administrator or the State (in the 
case of a State exercising primary enforcement 
responsibility for public water systems) determines 
that alternative water to achieve the equivalent 
level of public health protection provided by the 
applicable national primary drinking water regula-
tion is provided for residential or similar uses for 
drinking and cooking; or 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1617 
"(III) the Administrator or the State (in the 
case of a State exercising primary enforcement 
responsibility for public water systems) determines 
that the water provided for residential or similar 
uses for drinking, cooking, and bathing is centrally 
treated or treated at the point of entry by the 
provider, a pass-through entity, or the user to 
achieve the equivalent level of protection provided 
by the applicable national primary drinking water 
regulations. 
"(ii) IRRIGATION DISTRICTS.—An irrigation district 
in existence prior to May 18, 1994, that provides pri-
marily agricultural service through a piped water sys-
tem with only incidental residential or similar use 
shall not be considered to be a public water system 
if the system or the residential or similar users of 
the system comply with subclause (II) or (III) of clause 
(i). 
"(C) TRANSITION PERIOD.—A water supplier that would 
be a public water system only as a result of modifications 
made to this paragraph by the Safe Drinking Water Act 
Amendments of 1996 shall not be considered a public water 
system for purposes of the Act until the date that is two 
years after the date of enactment of this subparagraph. 
If a water supplier does not serve 15 service connections 
(as defined in subparagraphs (A) and (B)) or 25 people 
at any time after the conclusion of the 2-year period, the 
water supplier shall not be considered a public water sys-
tem.". 
(2) GAO STUDY.—The Comptroller General of the United 
States shall undertake a study to— 
(A) ascertain the numbers and locations of individuals 
and households relying for their residential water needs, 
including drinking, bathing, and cooking (or other similar 
uses) on irrigation water systems, mining water systems, 
industrial water systems, or other water systems covered 
by section 1401(4)(B) of the Safe Drinking Water Act that 
are not public water systems subject to the Safe Drinking 
Water Act; 
(B) determine the sources and costs and affordability 
(to users and systems) of water used by such populations 
for their residential water needs; and 
(C) review State and water system compliance with 
the exclusion provisions of section 1401(4)(B) of such Act. 
The Comptroller General shall submit a report to the Congress 
within 3 years after the date of enactment of this Act containing 
the results of such study. 
SEC. 102. GENERAL AUTHORITY. 
(a) STANDARDS.—Section 1412(b) (42 U.S.C. 300g-l(b)) is 
amended by striking "(b)(1)" and all that follows through the end 
of paragraph (3) and inserting the following: 
"(b) STANDARDS.— 
"(1) IDENTIFICATION OF CONTAMINANTS FOR LISTING.— 
"(A) GENERAL AUTHORITY.—^The Administrator shall, 
in accordance with the procedures established by this sub-
section, publish a maximum contaminant level goal and 
42 use 300f 
note. 
Reports. 
Publication. 
Regulations. 
110 STAT. 1618 
PUBLIC LAW 104-182—AUG. 6, 1996 
promulgate a national primary drinking water regulation 
for a contaminant (other than a contaminant referred to 
in paragraph (2) for which a national primary drinking 
water regulation has been promulgated as of the date of 
enactment of the Safe Drinking Water Act Amendments 
of 1996) if the Administrator determines that— 
"(i) the contaminant may have £in adverse effect 
on the health of persons; 
"(ii) the contaminant is known to occur or there 
is a substantial likelihood that the contaminant will 
occur in public water systems with a frequency and 
at levels of public health concern; and 
"(iii) in the sole judgment of the Administrator, 
regulation of such contaminant presents a meaningful 
opportunity for health risk reduction for persons served 
by public water systems. 
"(B) REGULATION OF UNREGULATED CONTAMINANTS.— 
PubUcation. 
"(i) LISTING OF CONTAMINANTS FOR CONSIDER-
ATION.—(I) Not later than 18 months after the date 
of enactment of the Safe Drinking Water Act Amend-
ments of 1996 and every 5 years thereafter, the 
Administrator, sifter consultation with the scientific 
community, including the Science Advisory Board, after 
notice and opportunity for public comment, and after 
considering the occurrence data base established under 
section 1445(g), shall publish a list of contaminants 
which, at the time of publication, are not subject to 
any proposed or promulgated national primary drink-
ing water regulation, which are known or anticipated 
to occur in public water systems, and which may 
require regulation under this title. 
"(II) The unregulated contaminants considered 
under subclause (I) shall include, but not be limited 
to, substances referred to in section 101(14) of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, and substances reg-
istered as pesticides under the Federal Insecticide, 
Fungicide, and Rodenticide Act. 
"(Ill) The Administrator's decision whether or not 
to select an unregulated contaminant for a list under 
this clause shall not be subject to judicial review. 
"(ii) DETERMINATION TO REGULATE.—(I) Not later 
than 5 years after the date of enactment of the Safe 
Drinking Water Act Amendments of 1996, and every 
5 years thereafter, the Administrator shall, after notice 
of the preliminary determination and opportunity for 
public comment, for not fewer than 5 contaminants 
included on the list published under clause (i), make 
determinations of whether or not to regulate such 
contaminants. 
"(II) A determination to regulate a contaminant 
shall be based on findings that the criteria of clauses 
(i), (ii), and (iii) of subparagraph (A) are satisfied. 
Such findings shall be based on the best available 
public health information, including the occurrence 
data base established under section 1445(g). 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1619 
"(III) The Administrator may make a determina-
tion to regulate a contaminant that does not appear 
on a list under clause (i) if the determination to regu-
late is made pursuant to subclause (II). 
"(IV) A determination under this clause not to 
regulate a contamin£int shall be considered final agency 
action smd subject to judicial review. 
"(iii) REVIEW.—Each document setting forth the 
determination for a contaminant under clause (ii) shall 
be available for public comment at such time as the 
determination is published. 
"(C) PRIORITIES.—In selecting unregulated contami-
nants for consideration under subparagraph (B), the 
Administrator shall select contaminants that present the 
greatest public health concern. The Administrator, in mak-
ing such selection, shall take into consideration, among 
other factors of public health concern, the effect of such 
contaminants upon subgroups that comprise a meaningful 
portion of the general population (such as infants, children, 
pregnant women, the elderly, individuals with a history 
of serious illness, or other subpopulations) that are identifi-
able as being at greater risk of adverse health effects 
due to exposure to contaminants in drinking water than 
the general population. 
"(D) 
URGENT 
THREATS 
TO 
PUBLIC 
HEALTH.—^The 
Administrator may promulgate an interim national primary 
drinking water regulation for a contaminant without mak-
ing a determination for the contaminant under paragraph 
(4)(C), or completing the emalysis under paragraph (3)(C), 
to address an urgent threat to public health as determined 
by the Administrator after consultation with and written 
response to any comments provided by the Secretary of 
Health and Human Services, acting through the director 
of the Centers for Disease Control and Prevention or the 
director of the National Institutes of Hegdth. A determina- Publication, 
tion for any contaminant in accordance with paragraph 
(4)(C) subject to an interim regulation under this subpara-
graph shall be issued, and a completed analysis meeting 
the requirements of paragraph (3)(C) shall be published, 
not later than 3 years after the date on which the regula-
tion is promulgated and the regulation shall be repromul-
gated, or revised if appropriate, not later than 5 years 
after that date. 
"(E) REGULATION.—^For each contaminant that the Publication. 
Administrator determines to regulate under subparagraph 
(B), the Administrator shall publish maximum contaminant 
level goals and promulgate, by rule, national primary drink-
ing water regulations under this subsection. The Adminis-
trator shall propose the maximum contaminant level goal 
and national primary drinking water regulation for a 
contaminant not later than 24 months after the determina-
tion to regulate under subparagraph (B), and may publish 
such proposed regulation concurrent with the determina-
tion to regulate. The Administrator shall publish a maxi-
mum contaminant level goal and promulgate a national 
primary drinking water regulation within 18 months after 
the propossd thereof. The Administrator, by notice in the Federal Register, 
publication. 
110 STAT. 1620 
PUBLIC LAW 104-182—AUG. 6, 1996 
Publication. 
Regulations. 
Rules. 
42 use 300g-l 
note. 
Federal Register, may extend the deadline for such 
promulgation for up to 9 months. 
"(F) HEALTH ADVISORIES AND OTHER ACTIONS.—The 
Administrator may publish health advisories (which are 
not regulations) or take other appropriate actions for 
contaminants not subject to any national primary drinking 
water regulation. 
"(2) SCHEDULES AND DEADLINES.— 
"(A) IN GENERAL.—^In the case of the contaminants 
listed in the Advance Notice of Proposed Rulemaking pub-
lished in volume 47, Federal Register, page 9352, and 
in volume 48, Federal Register, page 45502, the Adminis-
trator shall publish maximum contaminant level goals and 
promulgate national primary drinking water regulations— 
"(i) not later than 1 year after June 19, 1986, 
for not fewer than 9 of the listed contaminants; 
"(ii) not later than 2 years after June 19, 1986, 
for not fewer than 40 of the listed contaminants; and 
"(iii) not later than 3 years after June 19, 1986, 
for the remainder of the listed contaminants. 
"(B) SUBSTITUTION OF CONTAMINANTS.—^If the Adminis-
trator identifies a drinking water contaminant the regula-
tion of which, in the judgment of the Administrator, is 
more likely to be protective of public health (taking into 
account the schedule for regulation under subparagraph 
(A)) than a contaminant referred to in subparagraph (A), 
the Administrator may publish a maximum contaminant 
level goal and promulgate a national primary drinking 
water regulation for the identified contaminant in lieu 
of regulating the contaminant referred to in subparagraph 
(A). Substitutions may be made for not more than 7 
contaminants referred to in subparagraph (A). Regulation 
of a contaminsint identified under this subparagraph shall 
be in accordance with the schedule applicable to the 
contaminant for which the substitution is made. 
"(C) DISINFECTANTS AND DISINFECTION BYPRODUCTS.— 
The Administrator shall promulgate an Interim Enhanced 
Surface Water Treatment Rule, a Final Enhginced Surface 
Water Treatment Rule, a Stage I Disinfectants and Dis-
infection Byproducts Rule, and a Stage II Disinfectants 
and Disinfection Byproducts Rule in accordance with the 
schedule published in volume 59, Federal Register, page 
6361 (February 10, 1994), in table III. 13 of the proposed 
Information Collection Rule. If a delay occurs with respect 
to the promulgation of any rule in the schedule referred 
to in this subparagraph, all subsequent rules shall be com-
pleted as expeditiously as practicable but no later than 
a revised date that reflects the interval or intervals for 
the rules in the schedule.", 
(b) APPLICABILITY OF PRIOR REQUIREMENTS.—^The requirements 
of subparagraphs (C) and (D) of section 1412(b)(3) of the Safe 
Drinking Water Act as in effect before the date of enactment of 
this Act, and any obligation to promulgate regulations pursuant 
to such subparagraphs not promulgated as of the date of enactment 
of this Act, are superseded by the amendments made by subsection 
(a). 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1621 
(c) CONFORMING AMENDMENTS.—(1) Section 1415(d) (42 U.S.C. 
300g-4(d)) is amended by striking "1412(b)(3)" and inserting 
"1412(b)". 
(2) Section 1412(a)(3) (42 U.S.C. 300g-l(a)(3)) is amended by 
striking "paragraph (1), (2), or (3) of in each place it appears. 
SEC. 103. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION. 
Section 1412(b) (42 U.S.C. 300g-l(b)) is amended by inserting 
after paragraph (2) the following: 
"(3) 
RISK ASSESSMENT, MANAGEMENT, AND COMMUNICA-
TION.— 
"(A) USE OF SCIENCE IN DECISIONMAKING.—In carrying 
out this section, and, to the degree that an Agency action 
is based on science, the Administrator shall use— 
"(i) the best available, peer-reviewed science and 
supporting studies conducted in accordance with sound 
and objective scientific practices; and 
"(ii) data collected by accepted methods or best 
available methods (if the reliability of the method and 
the nature of the decision justifies use of the data). 
"(B) PUBLIC INFORMATION.—^In carrying out this sec-
tion, the Administrator shall ensure that the presentation 
of information on public health effects is comprehensive, 
informative, and understandable. The Administrator shall, 
in a document made available to the public in support 
of a regulation promulgated under this section, specify, 
to the extent practicable— 
"(i) each population addressed by any estimate 
of public health effects; 
"(ii) the expected risk or central estimate of risk 
for the specific populations; 
"(iii) each appropriate upper-bound or lower-bound 
estimate of risk; 
"(iv) each significant uncertainty identified in the 
process of the assessment of public health effects and 
studies that would assist in resolving the uncertainty; 
and 
"(v) peer-reviewed studies known to the Adminis-
trator that support, are directly relevant to, or fail 
to support any estimate of public health effects and 
the methodology used to reconcile inconsistencies in 
the scientific data, 
s 
"(C) HEALTH RISK REDUCTION AND COST ANALYSIS.— 
"(i) 
MAXIMUM 
CONTAMINANT 
LEVELS.—When Publication. 
proposing any national primary drinking water regula-
tion that includes a maximum contaminant level, the 
Administrator shall, with respect to a maximum 
contaminant level that is being considered in accord-
ance with paragraph (4) and each alternative maxi-
mum contaminant level that is being considered pursu-
ant to paragraph (5) or (6XA), publish, seek public 
comment on, and use for the purposes of paragraphs 
(4), (5), and (6) an analysis of each of the following: 
"(I) Quantifiable and nonquantifiable health 
risk reduction benefits for which there is a factual 
basis in the rulemaking record to conclude that 
110 STAT. 1622 
PUBLIC LAW 104-182—AUG. 6, 1996 
Publication. 
such benefits are likely to occur as the result of 
treatment to comply with each level. 
"(II) Quantifiable and nonquantifiable health 
risk reduction benefits for which there is a factual 
basis in the rulemaking record to conclude that 
such benefits are likely to occur from reductions 
in co-occurring contaminsints that may be attrib-
uted solely to compliance with the maximum 
contaminant level, excluding benefits resulting 
from compliance with other proposed or promul-
gated regulations. 
"(Ill) Quantifiable and nonquantifiable costs 
for which there is a factual basis in the rulemaking 
record to conclude that such costs are likely to 
occur solely as a result of compliance with the 
maximum contaminant level, including monitor-
ing, treatment, and other costs and excluding costs 
resulting from compliance with other proposed or 
promulgated regulations. 
"(IV) The incremental costs and benefits asso-
ciated with each alternative maximum contami-
nant level considered. 
"(V) The effects of the contaminant on the 
general population and on groups within the gen-
eral population such as infants, children, pregnant 
women, the elderly, individuals with a history of 
serious illness, or other subpopulations that are 
identified as likely to be at greater risk of adverse 
health effects due to exposure to contaminants 
in drinking water than the general population, 
"(VI) Any increased health risk that may occur 
as the result of compliance, including risks associ-
ated with co-occurring contaminants. 
"(VII) Other relevant factors, including the 
quality and extent of the information, the 
uncertainties in the analysis supporting subclauses 
(I) through (VI), and factors with respect to the 
degree and nature of the risk, 
"(ii) TREATMENT TECHNIQUES.—^When proposing a 
national primary drinking water regulation 
that 
includes a treatment technique in accordance with 
paragraph (7)(A), the Administrator shall publish and 
seek public comment on an analysis of the health risk 
reduction benefits and costs likely to be experienced 
as the result of compliance with the treatment tech-
nique and alternative treatment techniques that are 
being considered, taking into account, as appropriate, 
the factors described in clause (i). 
"(iii) APPROACHES TO MEASURE AND VALUE BENE-
FITS.—^The 
Administrator 
may 
identify 
valid 
approaches for the measurement and valuation of bene-
fits under this subparagraph, including approaches to 
identify consumer willingness to pay for reductions 
in health risks from drinking water contaminants. 
"(iv) AUTHORIZATION.—^There are authorized to be 
appropriated to the Administrator, acting through the 
Office of Ground Water and Drinking Water, to conduct 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1623 
studies, assessments, and analyses in support of regu-
lations or the development of methods, $35,000,000 
for each of fiscal years 1996 through 2003.". 
SEC. 104. STANDARD-SETTING. 
(a) IN GENERAL.—Section 1412(b) (42 U.S.C. 300g-l(b)) is 
amended as follows: 
(1) In paragraph (4)— 
(A) by stnking "(4) Each" and inserting the following: 
**(4) GrOALS AND STANDARDS.— 
"(A) MAXIMUM CONTAMINANT LEVEL GOALS.—Each"; 
(B) in the last sentence— 
(i) by striking "Each national" and inserting the 
following: 
"(B) MAXIMUM CONTAMINANT LEVELS.— Except as pro-
vided in paragraphs (5) and (6), each national"; and 
(ii) by striking "maximum level" and inserting 
"maximum contaminant level"; and 
(C) by adding at the end the following: 
"(C) DETERMINATION.—At the time the Administrator PubUcation. 
proposes a national primary drinking water regulation 
under this paragraph, the Administrator shall publish a 
determination as to whether the benefits of the maximum 
contaminant level justify, or do not justify, the costs based 
on the analysis conducted under paragraph (3)(C).". 
(2) By striking "(5) For the" and inserting the following: 
"(D) DEFINITION OF FEASIBLE.—For the". 
(3) In the second sentence of paragraph (4)(D) (as so des-
ignated), by striking "paragraph (4)" and inserting "this para-
graph". 
(4) By striking "(6) Each national" and inserting the follow-
ing: 
"(E) FEASIBLE TECHNOLOGIES.— 
"(i) IN GENERAL.—^Each national". 
(5) In paragraph (4XEXi) (as so designated), by striking 
"this paragraph" and inserting "this subsection". 
(6) By inserting after paragraph (4) (as so amended) the 
following: 
"(5) ADDITIONAL HEALTH RISK CONSIDERATIONS.— 
"(A) IN GENERAL.—^Notwithstanding paragraph (4), the 
Administrator may establish a maximum contaminant level 
for a contaminant at a level other than the feasible level, 
if the technology, treatment techniques, and other means 
used to determine the feasible level would result in an 
increase in the health risk from drinking water by— 
"(i) increasing the concentration of other contami-
nants in drinking water; or 
"(ii) interfering with the efficacy of drinking water 
treatment techniques or processes that are used to 
comply with other national primary drinking water 
regulations. 
"(B) ESTABLISHMENT OF LEVEL.—If the Administrator 
establishes a maximum contaminant level or levels or 
requires the use of treatment techniques for any contami-
nant or contaminants pursuant to the authority of this 
paragraph— 
110 STAT. 1624 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(i) the level or levels or treatment techniques 
shall minimize the overall risk of adverse health effects 
by balancing the risk from the contsiminant and the 
risk from other contaminants the concentrations of 
which may be affected by the use of a treatment tech-
nique or process that would be employed to attain 
the maximum contaminant level or levels; and 
"(ii) the combination of technology, treatment tech-
niques, or other means required to meet the level or 
levels shall not be more stringent than is feasible (as 
defined in paragraph (4)(D)). 
"(6) ADDITIONAL HEALTH RISK REDUCTION AND COST CONSID-
ERATIONS.— 
"(A) IN GENERAL.—^Notwithstanding paragraph (4), T 
the Administrator determines based on an analysis con-
ducted under paragraph (3)(C) that the benefits of a maxi-
mum contaminant level promulgated in accordance with 
paragraph (4) would not justify the costs of complying 
with the level, the Administrator may, after notice and 
opportunity for public comment, promulgate a maximum 
contaminant level for the contaminant that maximizes 
health risk reduction benefits at a cost that is justified 
by the benefits. 
"(B) EXCEPTION.—^The Administrator shall not use the 
authority of this paragraph to promulgate a maximum 
contaminant level for a contaminant, if the benefits of 
compliance with a national primary drinking water regula-
tion for the contaminant that would be promulgated in 
accordance with paragraph (4) experienced by— 
"(i) persons served by large public water systems; 
and 
"(ii) persons served by such other systems as are 
unlikely, based on information provided by the States, 
to receive a variance under section 1415(e) (relating 
to small system variances); 
would justify the costs to the systems of compl5dng with 
the regulation. This subparagraph shall not apply if the 
contaminant is found almost exclusively in small systems 
eligible under section 1415(e) for a small system variance. 
"(C) DISINFECTANTS AND DISINFECTION BYPRODUCTS.— 
The Administrator may not use the authority of this para-
graph to establish a maximum contaminant level in a 
Stage I or Stage II national primary drinking water regula-
tion (as described in paragraph (2)(C)) for contaminants 
that are disinfectants or disinfection bjrproducts, or to 
establish a maximum contaminant level or treatment tech-
nique requirement for the control of cr3rptosporidium. The 
authority of this paragraph may be used to establish regu-
lations for the use of disinfection by systems relying on 
ground water sources as required by paragraph (8). 
"(D) 
JUDICIAL 
REVIEW.—^A determination 
by 
the 
Administrator that the benefits of a maximum contaminant 
level or treatment requirement justify or do not justify 
the costs of compljdng with the level shall be reviewed 
by the court pursuant to section 1448 only as part of 
a review of a final national primary drinking water regula-
tion that has been promulgated based on the determination 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1625 
and shall not be set aside by the court under that section 
unless the court finds that the determination is arbitrary 
and capricious.". 
(b) 
DISINFECTANTS AND DISINFECTION 
BYPRODUCTS.—The 42USC300g-i 
Administrator of the Environmental Protection Agency may use i^ote. 
the authority of section 1412(b)(5) of the Safe Drinking Water 
Act (as amended by this Act) to promulgate the Stage I and Stage 
II Disinfectants and Disinfection Bjrproducts Rules as proposed 
in volume 59, Federal Register, page 38668 (July 29, 1994). The 
considerations used in the development of the July 29, 1994, pro-
posed national primary drinking water regulation on disinfectants 
and disinfection b3nproducts shall be treated as consistent with 
such section 1412(b)(5) for purposes of such Stage I and Stage 
II rules. 
(c) REVIEW OF STANDARDS.—Section 1412(b)(9) (42 U.S.C. 300g-
1(b)(9)) is amended to read as follows: 
"(9) REVIEW AND REVISION.—The Administrator shall, not 
less often than every 6 years, review and revise, as appropriate, 
each national primary drinking water regulation promulgated 
under this title. Any revision of a national primary drinking 
water regulation shall be promulgated in accordance with this 
section, except that each revision shall maintain, or provide 
for greater, protection of the health of persons.". 
SEC. 105. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS. 
Section 1412(bX4XE) (42 U.S.C. 300g-l(b)(4)(E)) is amended 
by adding at the end the following: 
"(ii) LIST OF TECHNOLOGIES FOR SMALL SYSTEMS.— 
The Administrator shall include in the list any tech-
nology, treatment technique, or other means that is 
affordable, as determined by the Administrator in con-
sultation with the States, for smedl public water sys-
tems serving— 
"(I) a population of 10,000 or fewer but more 
than 3,300; 
"(II) a population of 3,300 or fewer but more 
than 500; and 
"(III) a population of 500 or fewer but more 
than 25; 
and that achieves compliance with the maximum 
contaminant level or treatment technique, including 
packaged or modular systems and point-of-entry or 
point-of-use treatment units. Point-of-entry and point-
of-use treatment units shall be owned, controlled and 
maintained by the public water system or by a person 
under contract with the public water system to ensure 
proper operation and maintenance and compliance with 
the maximum contaminant level or treatment tech-
nique and equipped with mechanical warnings to 
ensure that customers are automaticeQly notified of 
operational problems. The Administrator shall not 
include in the list any point-of-use treatment tech-
nology, treatment technique, or other means to achieve 
compliance with a maximum contaminant level or 
treatment technique requirement for a microbial 
contaminant (or an indicator of a microbial contami-
nant). If the American National Standards Institute 
29-194 O - 96 - 27 : QL 3 Part 2 
110 STAT. 1626 
PUBLIC LAW 104-182—AUG. 6, 1996 
Records. 
has issued product standards applicable to a specific 
type of point-of-entry or point-of-use treatment unit, 
individual units of that type shall not be accepted 
for compliance with a maximum contaminant level or 
treatment technique requirement unless they are 
independently certified in accordance with such stand-
ards. In listing any technology, treatment technique, 
or other means pursuant to this clause, the Adminis-
trator shall consider the quality of the source water 
to be treated. 
"(iii) LIST OF TECHNOLOGIES THAT ACHIEVE COMPLI-
ANCE.—^Except as provided in clause (v), not later than 
2 years after the date of enactment of this clause 
and after consultation with the States, the Adminis-
trator shall issue a list of technologies that achieve 
compliance with the maximum contaminant level or 
treatment technique for each category of public water 
systems described in subclauses (I), (II), and (III) of 
clause (ii) for each national primary drinking water 
regulation promulgated prior to the date of enactment 
of this paragraph. 
"(iv) ADDITIONAL TECHNOLOGIES.—The Adminis-
trator may, at any time after a national primary drink-
ing water regulation has been promulgated, supple-
ment the list of technologies describing additional or 
new or innovative treatment technologies that meet 
the requirements of this paragraph for categories of 
small public water systems described in subclauses 
(I), (II), and (III) of clause (ii) that are subject to 
the regulation. 
"(v) TECHNOLOGIES THAT MEET SURFACE WATER 
TREATMENT RULE.—^Within one year after the date of 
enactment of this clause, the Administrator shall list 
technologies that meet the Surface Water Treatment 
Rule for each category of public water 
systems 
described in subclauses (I), (II), and (III) of clause 
(ii).". 
SEC. 106. LIMITED ALTERNATIVE TO FILTRATION. 
Section 1412(b)(7)(C) (42 U.S.C. 300g-l(b)(7)(C)) is amended 
by adding the following after clause (iv): 
"(v) As an additional alternative to the regulations promulgated 
pursuEint to clauses (i) and (iii), including the criteria for avoiding 
filtration contained in 40 CFR 141.71, a State exercising primary 
enforcement responsibility for public water systems may, on a case-
by-case basis, and after notice and opportunity for public comment, 
establish treatment requirements as an alternative to filtration 
in the case of systems having uninhabited, undeveloped watersheds 
in consolidated ownership, and having control over access to, and 
activities in, those watersheds, if the State determines (and the 
Administrator concurs) that the quality of the source water and 
the alternative treatment requirements established by the State 
ensure greater removal or inactivation efficiencies of pathogenic 
organisms for which national primary drinking water regulations 
have been promulgated or that are of public health concern than 
would be achieved by the combination of filtration and chlorine 
disinfection (in compliance with this section).". 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1627 
SEC. 107. GROUND WATER DISINFECTION. 
Regulations. 
Paragraph (8) of section 1412(b) (42 U.S.C. 300g-l(b)(8)) is 
amended by moving the margins of such paragraph 2 ems to the 
right and by striking the first sentence and inserting the following: 
"DISINFECTION.—^At any time after the end of the 3-year period 
that begins on the date of enactment of the Safe Drinking Water 
Act Amendments of 1996, but not later than the date on which 
the Administrator promulgates a Stage II rulemaking for disinfect-
ants and disinfection byproducts (as described in paragraph (2)(C)), 
the Administrator shall also promulgate national primary drinking 
water regulations requiring disinfection as a treatment technique 
for all public water systems, including surface water systems and, 
as necessary, ground water systems. After consultation with the 
States, the Administrator shall (as part of the regulations) promul-
gate criteria that the Administrator, or a State that has primary 
enforcement responsibility under section 1413, shall apply to deter-
mine whether disinfection shall be required as a treatment tech-
nique for any public water system served by ground water.". 
SEC. 108. EFFECTIVE DATE FOR REGULATIONS. 
Section 1412(b)(10) (42 U.S.C. 300g-l(b)(10)) is amended to 
read as follows: 
"(10) EFFECTIVE DATE.—A national primary drinking water 
regulation promulgated under this section (and any amendment 
thereto) shall take effect on the date that is 3 years after 
the date on which the regulation is promulgated unless the 
Administrator determines that an earlier date is practicable, 
except that the Administrator, or a State (in the case of an 
individual system), may allow up to 2 additional years to comply 
with a maximum contaminant level or treatment technique 
if the Administrator or State (in the case of an individual 
system) determines that additional time is necessary for capital 
improvements.". 
SEC. 
1
0
9
. 
ARSENIC, 
SULFATE, 
AND 
RADON. 
(a) ARSENIC AND SULFATE.—Section 1412(b) (42 U.S.C. 300g-
1(b)) is amended by inserting after paragraph (11) the following: 
"(12) CERTAIN CONTAMINANTS.— 
"(A) ARSENIC.— 
"(i) SCHEDULE AND STANDARD.—Notwithstanding 
the deadlines set forth in paragraph (1), the Adminis-
trator shall promulgate a national primary drinking 
water regulation for arsenic pursuant to this sub-
section, in accordance with the schedule established 
by this paragraph. 
"(ii) STUDY PLAN.—Not later than 180 days after 
the date of enactment of this paragraph, the Adminis-
trator shall develop a comprehensive plan for study 
in support of drinking water rulemaking to reduce 
the uncertainty in assessing health risks associated 
with exposure to low levels of arsenic. In conducting 
such study, the Administrator shall consult with the 
National Academy of Sciences, other Federal agencies, 
and interested public and private entities. 
"(iii) COOPERATIVE AGREEMENTS.—In carrying out 
the study plan, the Administrator may enter into 
cooperative agreements with other Federal agencies. 
110 STAT. 1628 
PUBLIC LAW 104-182—AUG. 6, 1996 
State and local governments, and other interested pub-
lic and private entities. 
"(iv) PROPOSED REGULATIONS.—The Administrator 
shall propose a national primary drinking water regu-
lation for arsenic not later than January 1, 2000. 
"(v) FINAL REGULATIONS.—Not later than January 
1, 2001, after notice and opportunity for public com-
ment, the Administrator shall promulgate a national 
primary drinking water regulation for arsenic. 
"(vi) AUTHORIZATION.—^There are authorized to be 
appropriated $2,500,000 for each of fiscal years 1997 
through 2000 for the studies required by this para-
graph. 
"(B) SULFATE.— 
"(i) ADDITIONAL STUDY.—^Prior to promulgating a 
national primary drinking water regulation for sulfate, 
the Administrator and the Director of the Centers for 
Disease Control and Prevention shall jointly conduct 
an additional study to establish a reliable dose-
response relationship for the adverse human health 
effects that may result from exposure to sulfate in 
drinking water, including the health effects that may 
be experienced by groups within the general population 
(including infants and travelers) that are potentially 
at greater risk of adverse health effects as the result 
of such exposure. The study shall be conducted in 
consultation with interested States, shall be based on 
the best available, peer-reviewed science and support-
ing studies conducted in accordance with sound and 
objective scientific practices, and shall be completed 
not later than 30 months after the date of enactment 
of the Safe Drinking Water Act Amendments of 1996. 
"(ii) DETERMINATION.—^The Administrator shall include 
sulfate among the 5 or more contaminants for which a 
determination is made pursuant to paragraph (3)(B) not 
later than 5 years sifter the date of enactment of the 
Safe Drinking Water Act Amendments of 1996. 
"(iii) PROPOSED AND FINAL RULE.—-Notwithstanding the 
deadlines set forth in paragraph (2), the Administrator 
may, pursuant to the authorities of this subsection and 
after notice and opportunity for public comment, promul-
gate a final national primary drinking water regulation 
for sulfate. Any such regulation shall include requirements 
for public notification and options for the provision of alter-
native water supplies to populations at risk as a means 
of complying with the regulation in lieu of a best available 
treatment technology or other means.", 
(b) RADON.—Section 1412(b) (42 U.S.C. 300g-l(b)) is amended 
by inserting after paragraph (12) the following: 
"(13) RADON IN DRINKING WATER.— 
"(A) 
NATIONAL PRIMARY DRINKING WATER REGULA-
TION.—^Notwithstanding paragraph (2), the Administrator 
shall withdraw any national primary drinking water regu-
lation for radon proposed prior to the date of enactment 
of this paragraph and shall propose and promulgate a 
regulation for radon under this section, as amended by 
the Safe Drinking Water Act Amendments of 1996. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1629 
"(B) RISK ASSESSMENT AND STUDIES.— 
"(i) ASSESSMENT BY NAS.—Prior to proposing a 
national primary drinking water regulation for radon, 
the Administrator shall arrange for the National Acad-
emy of Sciences to prepare a risk assessment for radon 
in drinking water using the best available science in 
accordance with the requirements of paragraph (3). 
The risk assessment shall consider each of the risks 
associated with exposure to radon from drinking water 
and consider studies on the health effects of radon 
at levels and under conditions likely to be experienced 
through residential exposure. The risk assessment 
shall be peer-reviewed. 
"(ii) STUDY OF OTHER MEASURES.—The Adminis-
trator shall arrange for the National Academy of 
Sciences to prepare an assessment of the health risk 
reduction benefits associated with various mitigation 
measures to reduce radon levels in indoor air. The 
assessment may be conducted as part of the risk 
assessment authorized by clause (i) and shall be used 
by the Administrator to prepare the guidance and 
approve State programs under subparagraph (G). 
"(iii) OTHER ORGANIZATION.—If the National Acad-
emy of Sciences declines to prepare the risk assessment 
or studies required by this subparagraph, the Adminis-
trator shall enter into a contract or cooperative agree-
ment with another independent, scientific organization 
to prepare such assessments or studies. 
"(C) HEALTH RISK REDUCTION AND COST ANALYSIS.— 
Not later than 30 months after the date of enactment 
of this paragraph, the Administrator shall publish, and 
seek public comment on, a health risk reduction and cost 
analysis meeting the requirements of paragraph (3)(C) for 
potential maximum contaminant levels that are being 
considered for radon in drinking water. The Administrator 
shall include a response to all significant public comments 
received on the analysis with the preamble for the proposed 
rule published under subparagraph (D). 
"(D) 
PROPOSED 
REGULATION.—Not 
later than 36 
months after the date of enactment of this paragraph, 
the Administrator shall propose a maximum contaminant 
level goal and a national primary drinking water regulation 
for radon pursuant to this section. 
"(E) FINAL REGULATION.—Not later than 12 months 
after the date of the proposal under subparagraph (D), 
the Administrator shall publish a maximum contaminant 
level goal and promulgate a national primary drinking 
water regulation for radon pursuant to this section based 
on the risk assessment prepared pursuant to subparagraph 
(B) and the health risk reduction and cost analysis pub-
lished pursuant to subparagraph (C). In considering the 
risk assessment and the health risk reduction and cost 
analysis in connection with the promulgation of such a 
standard, the Administrator shall take into account the 
costs and benefits of control programs for radon from other 
sources. 
Contracts. 
Publication. 
110 STAT. 1630 
Regulations. 
Publication. 
Guidelines. 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(F) ALTERNATIVE MAXIMUM CONTAMINANT LEVEL.—^If 
the maximum contaminant level for radon in drinking 
water promulgated pursuant to subparagraph (E) is more 
stringent than necessary to reduce the contribution to 
radon in indoor air from drinking water to a concentration 
that is equivalent to the national average concentration 
of radon in outdoor air, the Administrator shall, simulta-
neously with the promulgation of such level, promulgate 
an alternative maximum contaminant level for radon that 
would result in a contribution of radon from drinking water 
to radon levels in indoor air equivalent to the national 
average concentration of radon in outdoor air. If the 
Administrator 
promulgates 
an 
alternative 
maximum 
contaminant level under this subparagraph, the Adminis-
trator shall, after notice and opportunity for public com-
ment and in consultation with the States, publish guide-
lines for State programs, including criteria for multimedia 
measures to mitigate radon levels in indoor air, to be 
used by the States in preparing programs under subpara-
graph (G), The guidelines shall take into account data 
from existing radon mitigation programs and the assess-
ment of mitigation measures prepared under subparagraph 
(B). 
"(G) MULTIMEDIA RADON MITIGATION PROGRAMS.— 
"(i) IN GENERAL.—^A State may develop and submit 
a multimedia program to mitigate radon levels in 
indoor air for approval by the Administrator under 
this subparagraph. If, gifter notice and the opportunity 
for public comment, such program is approved by the 
Administrator, public water systems in the State may 
comply with the alternative maximum contaminant 
level promulgated under subparagraph (F) in lieu of 
the maximum contaminant level in the national pri-
mary drinking water regulation promulgated under 
subparagraph (E). 
"(ii) 
ELEMENTS OF PROGRAMS.—State programs 
may rely on a variety of mitigation measures including 
public education, testing, training, technical assistance, 
remediation grant and loan or incentive programs, or 
other regulatory or nonregulatory measures. The 
effectiveness of elements in State programs shall be 
evaluated by the Administrator based on the assess-
ment prepared by the National Academy of Sciences 
under subparagraph (B) and the guidelines published 
by the Administrator under subparagraph (F). 
"(iii) APPROVAL.—^The Administrator shall approve 
a State program submitted under this paragraph if 
the health risk reduction benefits expected to be 
achieved by the program are equal to or greater than 
the health risk reduction benefits that would be 
achieved if each public water system in the State com-
plied with the maximum contaminant level promul-
gated under subparagraph (E). The Administrator shall 
approve or disapprove a program submitted under this 
paragraph within 180 days of receipt. A program that 
is not disapproved during such period shall be deemed 
approved. A program that is disapproved may be modi-
«E2ff^'^"-; 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1631 
fied to address the objections of the Administrator 
and be resubmitted for approval. 
"(iv) REVIEW.—^The Administrator shall periodi-
cally, but not less often than every 5 years, review 
each multimedia mitigation program approved under 
this subparagraph to determine whether it continues 
to meet the requirements of clause (iii) and shall, after 
written notice to the State and an opportunity for 
the State to correct any deficiency in the program, 
withdraw approval of programs that no longer comply 
with such requirements. 
"(v) EXTENSION.—If, within 90 days after the 
promulgation of an Edtemative maximum contaminant 
level under subparagraph (F), the Grovernor of a State 
submits a letter to the Administrator committing to 
develop a multimedia mitigation program under this 
subparagraph, the effective date of the national pri-
mary drinking water regulation for radon in the State 
that would be applicable under paragraph (10) shall 
be extended for a period of 18 months. 
"(vi) LOCAL PROGRAMS.—^In the event that a State 
chooses not to submit a multimedia mitigation program 
for approval under this subparagraph or has submitted 
a program that has been disapproved, any public water 
system in the State may submit a program for approval 
by the Administrator according to the same criteria, 
conditions, and approval process that would apply to 
a State program. The Administrator shall approve a 
multimedia mitigation program if the health risk 
reduction benefits expected to be achieved by the pro-
gram are equal to or greater than the health risk 
reduction benefits that would result from compliance 
by the public water system with the maximum 
contaminant 
level 
for 
radon 
promulgated 
under 
subparagraph (E).". 
SEC. 110. RECYCLING OF FILTER BACKWASH. 
Section 1412(b) (42 U.S.C. 300g-l(b)) is amended by adding 
the following new paragraph after paragraph (13): 
"(14) RECYCLING OF FILTER BACKWASH.—^The Administrator 
shall promulgate a regulation to govern the recycling of filter 
backwash water within the treatment process of a public water 
system. The Administrator shall promulgate such regulation 
not later than 4 years after the date of enactment of the 
Safe Drinking Water Act Amendments of 1996 unless such 
recycling has oeen addressed by the Administrator's Enhanced 
Surface Water Treatment Rule prior to such date.". 
SEC. 111. TECHNOLOGY AND TREATMENT TECHNIQUES. 
(a) VARIANCE TECHNOLOGIES.—Section 1412(b) (42 U.S.C. 300g-
1(b)) is amended by adding the following new paragraph afler 
paragraph (14): 
"(15) VARIANCE TECHNOLOGIES.— 
"(A) IN GENERAL.—^At the same time as the Adminis-
trator promulgates a national primary drinking water regu-
lation for a contaminant pursuant to this section, the 
Administrator shall issue guidance or regulations describ-
ing the best treatment technologies, treatment techniques. 
Regulations. 
Regulations. 
110 STAT. 1632 
PUBLIC LAW 104-182—AUG. 6, 1996 
or other means (referred to in this paragraph as 'variance 
technology) for the contaminant that the Administrator 
finds, after examination for efficacy under field conditions 
Eind not solely under laboratory conditions, are available 
and affordable, as determined by the Administrator in con-
sultation with the States, for public water systems of vary-
ing size, considering the quality of the source water to 
be treated. The Administrator shall identify such variance 
technologies for public water systems serving— 
"(i) a population of 10,000 or fewer but more than 
3,300; 
"(ii) a population of 3,300 or fewer but more than 
500; and 
"(iii) a population of 500 or fewer but more than 
25, 
if, considering the quality of the source water to be treated, 
no treatment technology is listed for public water systems 
of that size under paragraph (4)(E). Variance technologies 
identified by the Administrator pursuEint to this paragraph 
may not achieve compliance with the maximum contami-
nant level or treatment technique requirement of such 
regulation, but shall achieve the maximum reduction or 
inactivation efficiency that is affordable considering the 
size of the system and the quality of the source water. 
The guidance or regulations shall not require the use of 
a technology from a specific manufacturer or brand. 
"(B) LIMITATION.—^The Administrator shall not identify 
any variance technology under this paragraph, unless the 
Administrator has determined, considering the quality of 
the source water to be treated and the expected useful 
life of the technology, that the variance technology is protec-
tive of public health. 
"(C) ADDITIONAL INFORMATION.—^The Administrator 
shall include in the guidance or regulations identifying 
variance technologies under this paragraph any assump-
tions supporting the public health determination referred 
to in subparagraph (B), where such assumptions concern 
the public water system to which the technology may be 
applied, or its source waters. The Administrator shall pro-
vide any assumptions used in determining affordability, 
taking into consideration the number of persons served 
by such systems. The Administrator shall provide as much 
reliable 
information 
as practicable on 
performance, 
effectiveness, limitations, costs, and other relevant factors 
including the applicability of variance technology to waters 
from surface and underground sources. 
"(D) REGULATIONS AND GUIDANCE.—^Not later than 2 
years Edfler the date of enactment of this paragraph and 
after consultation with the States, the Administrator shall 
issue guidance or regulations under subparagraph (A) for 
each national primary drinking water regulation promul-
gated prior to the date of enactment of this paragraph 
for which a variance may be granted under section 1415(e). 
The Administrator may, at any time after a national pri-
mary drinking water regulation has been promulgated, 
issue guidance or regulations describing additional variance 
technologies. The Administrator shall, not less often than 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1633 
every 7 years, or upon receipt of a petition supported 
by substantial information, review variance technologies 
identified under this paragraph. The Administrator shall 
issue revised guidance or regulations if new or innovative 
variance technologies become available that meet the 
requirements of this paragraph and achieve an equal or 
greater reduction or inactivation efficiency than the vari-
ance technologies previously identified under this subpara-
graph. No public water system shall be required to replace 
a variance technology during the useful life of the tech-
nology for the sole reason that a more efficient varisuice 
technology has been listed under this subparagraph.", 
(b) AVAILABILITY OF INFORMATION ON SMALL SYSTEM TECH-
NOLOGIES.—Section 1445 (42 U.S.C. 300J-4) is amended by adding 
the following new subsection after subsection (g): 
"(h) AVAILABILITY OF INFORMATION ON SMALL SYSTEM TECH-
NOLOGIES.—For purposes of sections 1412(b)(4)(E) and 1415(e) 
(relating to small system variance program), the Administrator 
may request information on the characteristics of commercially 
available treatment 
systems and technologies, including the 
effectiveness and performance of the systems and technologies 
under various operating conditions. The Administrator may specify 
the form, content, and submission date of information to be submit-
ted by manufacturers, States, and other interested persons for 
the purpose of considering the systems and technologies in the 
development of regulations or guidance under sections 1412(b)(4)(E) 
and 1415(e).". 
SEC. 112. STATE PRIMACY. 
(a) STATE PRIMARY ENFORCEMENT RESPONSIBILITY.—Section 
1413 (42 U.S.C. 300g-2) is amended as follows: 
(1) In subsection (a), by amending paragraph (1) to read 
as follows: 
"(1) has adopted drinking water regulations that are no 
less stringent than the nation^ primary drinking water regula-
tions promulgated by the Administrator under subsections (a) 
and (b) of section 1412 not later than 2 years after the date 
on which the regulations are promulgated by the Administrator, 
except that the Administrator may provide for an extension 
of not more than 2 years if, after submission and review of 
appropriate, adequate documentation from the State, the 
Administrator determines that the extension is necessary and 
justified;". 
(2) By adding at the end the following subsection: 
"(c) INTERIM PRIMARY ENFORCEMENT AUTHORITY.—A State that 
has primary enforcement authority under this section with respect 
to each existing national primary drinking water regulation shall 
be considered to have primary enforcement authority with respect 
to each new or revised national primary drinking water regulation 
during the period beginning on the effective date of a regulation 
adopted and submitted by the State with respect to the new or 
revised national primary drinking water regulation in accordance 
with subsection (b)(1) and ending at such time as the Administrator 
makes a determination under subsection (b)(2)(B) with respect to 
the regulation.". 
(b) EMERGENCY PLANS.-^Section 1413(a)(5) (42 U.S.C. 300g-
2(a)(5)) is amended by inserting after "emergency circumstances" 
110 STAT. 1634 
PUBLIC LAW 104-182—AUG. 6, 1996 
the following: "including earthquakes, floods, hurricanes, and other 
natural disasters, as appropriate". 
SEC. 113. ENFORCEMENT; JUDICIAL REVIEW. 
(a) IN GENERAL.—Section 1414 (42 U.S.C. 300g-3) is amended 
as follows: 
(1) In subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in clause (i), by striking "any national pri-
mary drinking water regulation in effect under 
section 
1412" and 
inserting 
"any 
applicable 
requirement"; and 
(II) by striking "with such regulation or 
requirement" and inserting "with the require-
ment"; and 
(ii) in subparagraph (B), by striking "regulation 
or" and inserting "applicable"; and 
(B) by striking paragraph (2) and inserting the follow-
ing: 
"(2) ENFORCEMENT IN NONPRIMACY STATES.— 
"(A) IN GENERAL.—If, on the basis of information avail-
able to the Administrator, the Administrator finds, with 
respect to a period in which a State does not have primary 
enforcement responsibility for public water systems, that 
a public water system in the State— 
"(i) for which a variance under section 1415 or 
an exemption under section 1416 is not in effect, does 
not comply with any applicable requirement; or 
"(ii) for which a variance under section 1415 or 
an exemption under section 1416 is in effect, does 
not comply with any schedule or other requirement 
imposed pursuant to the variance or exemption; 
Orders. 
the Administrator shall issue an order under subsection 
(g) requiring the public water system to comply with the 
requirement, or commence a civil action under subsection 
(b). 
"(B) NOTICE.—If the Administrator takes any action 
pursuant to this paragraph, the Administrator shall notify 
an appropriate local elected official, if any, with jurisdiction 
over the public water system of the action prior to the 
time that the action is taken.". 
(2) In the first sentence of subsection (b), by striking "a 
national primary drinking water regulation" and inserting "any 
applicable requirement". 
(3) In subsection (g)— 
(A) in paragraph (1), by striking "regulation, schedule, 
or other" each place it appears and inserting "applicable"; 
(B) in paragraph (2)— 
(i) in the first sentence— 
(I) by striking "effect until after notice and 
opportunity for public hearing and," and inserting 
"effect,"; and 
(II) by striking "proposed order" and inserting 
"order"; and 
(ii) in the second sentence, by striking "proposed 
to be"; and 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1635 
(C) in paragraph (3)— 
(i) by striking subparagraph (B) and inserting the 
following: 
"(B) In a case in which a civil penedty sought by the Adminis-
trator under this paragraph does not exceed ^5,000, the penalty 
shall be assessed by the Administrator after notice and opportunity 
for a public hearing (unless the person against whom the penalty 
is assessed requests a hesiring on the record in accordance with 
section 554 of title 5, United States Code). In a case in which 
a civil penalty sought by the Administrator under this paragraph 
exceeds $5,000, but does not exceed $25,000, the penalty shall 
be assessed by the Administrator after notice and opportunity for 
a hearing on the record in accordance with section 554 of title 
5, United States Code."; and 
(ii) in subparagraph (C), by striking "paragraph 
exceeds $5,000" and inserting "subsection for a viola-
tion of an applicable requirement exceeds $25,000". 
(4) By adding at the end the following: 
"(h) CONSOLIDATION INCENTIVE.— 
"(1) IN GENERAI..—An owner or operator of a public water 
system may submit to the State in which the system is located 
(if the State has primary enforcement responsibility under sec-
tion 1413) or to the Administrator (if the State does not have 
primary enforcement responsibility) a plan (including specific 
measures and schedules) for— 
"(A) the physical consolidation of the system with 1 
or more other systems; 
"(B) the consolidation of significant management and 
administrative functions of the system with 1 or more 
other systems; or 
"(C) the transfer of ownership of the system that may 
reasonably be expected to improve drinking water quality. 
"(2) CONSEQUENCES OF APPROVAL.—If the State or the 
Administrator approves a plan pursuant to paragraph (1), no 
enforcement action shall be taken pursuant to this part with 
respect to a specific violation identified in the approved plan 
prior to the date that is the earlier of the date on which 
consolidation is completed according to the plan or the date 
that is 2 years after the plan is approved. 
"(i) DEFINITION OF APPLICABLE REQUIREMENT.—^In this section, 
the term 'applicable requirement' means— 
"(1) a requirement of section 1412, 1414, 1415, 1416, 1417, 
1441, or 1445; 
"(2) a regulation promulgated pursuant to a section referred 
to in paragraph (1); 
"(3) a schedule or requirement imposed pursuant to a sec-
tion referred to in paragraph (1); and 
"(4) a requirement of, or permit issued under, an applicable 
State program for which the Administrator has made a deter-
mination that the requirements of section 1413 have been satis-
fied, or an applicable State program approved pursuant to 
this part.". 
(b) STATE AUTHORITY FOR ADMINISTRATIVE PENALTIES.—Section 
1413(a) (42 U.S.C. 300g-2(a)) is amended— 
(1) by striking "and" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) 
and inserting "; and"; and 
110 STAT. 1636 
PUBLIC LAW 104-182—AUG. 6, 1996 
(3) by adding at the end the following: 
"(6) has adopted authority for administrative penalties 
(unless the constitution of the State prohibits the adoption 
of the authority) in a maximum amount— 
"(A) in the case of a system serving a population of 
more than 10,000, that is not less than $1,000 per day 
per violation; and 
"(B) in the case of any other system, that is adequate 
to ensure compliance (as determined by the State); 
except that a State may establish a maximum limitation on 
the total amount of administrative penalties that may be 
imposed on a public water system per violation.". 
(c) JUDICIAL REVIEW.—Section 1448(a) (42 U.S.C. 300j-7(a)) 
is amended— 
(1) in paragraph (2) of the first sentence, by inserting 
"final" after "any other"; 
(2) in the second sentence, by striking "or issuance of 
the order" and inserting "or any other final Agency action"; 
and 
(3) by adding at the end the following "In any petition 
concerning the assessment of a civil penalty pursuant to section 
1414(g)(3)(B), the petitioner shall simultaneously send a copy 
of the complaint by certified mail to the Administrator and 
the Attorney Greneral. The court shall set aside and remand 
the penalty order if the court finds that there is not substantial 
evidence in the record to support the finding of a violation 
or that the assessment of the penalty by the Administrator 
constitutes an abuse of discretion.". 
(d) EMERGENCY POWERS.—Section 1431(b) (42 U.S.C. 300i(b)) 
is amended by striking "$5,000" and inserting "$15,000". 
SEC. 114. PUBUC NOTIFICATION. 
(a) PUBLIC WATER SYSTEMS.—Section 1414(c) (42 U.S.C. 300g-
3(c)) is amended to read as follows: 
"(c) NOTICE TO PERSONS SERVED.— 
"(1) IN GENERAL.—Each owner or operator of a public water 
system shall give notice of each of the following to the persons 
served by the system: 
"(A) Notice of any failure on the part of the public 
water system to— 
"(i) comply with £in applicable msiximum contami-
nant level or treatment technique requirement of, or 
a testing procedure prescribed by, a national primary 
drinking water regulation; or 
"(ii) perform 
monitoring 
required 
by 
section 
1445(a). 
"(B) If the public water system is subject to a variance 
granted under subsection (a)(1)(A), (a)(2), or (e) of section 
1415 for an inability to meet a maximum contaminant 
level requirement or is subject to an exemption granted 
under section 1416, notice of— 
"(i) the existence of the variance or exemption; 
and 
"(ii) any failure to comply with the requirements 
of any schedule prescribed pursuant to the variance 
or exemption. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1637 
"(C) Notice of the concentration level of any unregu-
lated contaminant for which the Administrator 
has 
required public notice pursuant to paragraph (2)(E). 
"(2) FORM, MANNER, AND FREQUENCY OF NOTICE.— 
"(A) IN GENERAL,—^The Administrator shall, by regula- Regulations, 
tion, and after consultation with the States, prescribe the 
manner, frequency, form, and content for giving notice 
under this subsection. The regulations shall— 
"(i) provide for different frequencies of notice based 
on the differences between violations that are intermit-
tent or infrequent and violations that are continuous 
or frequent; and 
"(ii) take into account the seriousness of any poten-
tial adverse health effects that may be involved. 
"(B) STATE REQUIREMENTS.— 
"(i) IN GENERAL.—A State may, by rule, establish 
alternative notification requirements— 
"(I) with respect to the form and content of 
notice given under and in a manner in accordance 
with subparagraph (C); and 
"(II) with respect to the form and content of 
notice given under subparagraph (D). 
"(ii) CONTENTS.—^The alternative 
requirements 
shall provide the same type and amount of information 
as required pursuant to this subsection and regulations 
issued under subparagraph (A). 
"(iii) RELATIONSHIP TO SECTION 1413.—^Nothing in 
this subparagraph shall be construed or applied to 
modify the requirements of section 1413. 
"(C) 
VIOLATIONS WITH POTENTIAL TO HAVE SERIOUS 
ADVERSE EFFECTS ON HUMAN HEALTH.—Regulations issued 
under subparagraph (A) shall specify notification proce-
dures for each violation by a public water system that 
has the potential to have serious adverse effects on human 
health as a result of short-term exposure. Each notice 
of violation provided under this subparagraph shall— 
"(i) be distributed as soon as practicable after the 
occurrence of the violation, but not later than 24 hours 
after the occurrence of the violation; 
"(ii) provide a clear and readily understandable 
explanation of— 
"(I) the violation; 
"(II) the potential adverse effects on human 
health; 
"(III) the steps that the public water system 
is taking to correct the violation; and 
"(IV) the necessity of seeking alternative water 
supplies until the violation is corrected; 
"(iii) be provided to the Administrator or the head 
of the State agency that has primary enforcement 
responsibility under section 1413 as soon as prac-
ticable, but not later than 24 hours after the occurrence 
of the violation; and 
"(iv) as required by the State agency in general 
regulations of the State agency, or on a case-by-case 
basis after the consultation referred to in clause (iii), 
considering the health risks involved— 
110 STAT. 1638 
PUBLIC LAW 104-182—AUG. 6, 1996 
Reports. 
Publication. 
Native 
Americans. 
"(I) be provided to appropriate broadcast 
media; 
"(II) be prominently published in a newspaper 
of general circulation serving the area not later 
than 1 day after distribution of a notice pursuant 
to clause (i) or the date of publication of the next 
issue of the newspaper; or 
"(III) be provided by posting or door-to-door 
notification in lieu of notification by means of 
broadcast media or newspaper. 
"(D) WRITTEN NOTICE.— 
"(i) 
IN GENERAL.—^Regulations 
issued 
under 
subparagraph (A) shall specify notification procedures 
for violations other than the violations covered by 
subparagraph (C). The procedures shall specify that 
a public water system shall provide written notice to 
each person served by the system by notice (I) in 
the first bill (if any) prepared after the date of occur-
rence of the violation, (II) in an annual report issued 
not later than 1 year after the date of occurrence 
of the violation, or (III) by mail or direct delivery 
as soon as practicable, but not later than 1 year after 
the date of occurrence of the violation. 
"(ii) FORM AND MANNER OF NOTICE.—^The Adminis-
trator shall prescribe the form and manner of the 
notice to provide a clear and readily understandable 
explanation of the violation, any potentisQ adverse 
health effects, and the steps that the system is taking 
to seek alternative water supplies, if any, until the 
violation is corrected. 
"(E) 
UNREGULATED 
CONTAMINANTS.—^The 
Adminis-
trator may require the owner or operator of a public water 
system to give notice to the persons served by the system 
of the concentration levels of an unregulated contaminant 
required to be monitored under section 1445(a). 
"(3) REPORTS.— 
"(A) ANNUAL REPORT BY STATE.— 
"(i) IN GENERAL.—^Not later than January 1, 1998, 
and annually thereafter, each State that has primary 
enforcement responsibility under section 1413 shall 
prepare, make readily available to the public, and sub-
mit to the Administrator an annual report on violations 
of national primary drinking water regulations by pub-
lic water systems in the State, including violations 
with respect to (I) maximum contaminant levels, (II) 
treatment requirements, (III) variances Eind exemp-
tions, and (IV) monitoring requirements determined 
to be significant by the Administrator after consulta-
tion with the States. 
"(ii) DISTRIBUTION.—^The State shall publish and 
distribute summaries of the report and indicate where 
the full report is available for review. 
"(B) ANNUAL REPORT BY ADMINISTRATOR.—^Not later 
than July 1, 1998, and annually thereafter, the Adminis-
trator shall prepare and make available to the public an 
annual report summarizing and evaluating reports submit-
ted by States pursuant to subparagraph (A) and notices 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1639 
submitted by public water systems serving Indian Tribes 
provided to the Administrator pursuant to subparagraph 
(C) or (D) of paragraph (2) and making recommendations 
concerning the resources needed to improve compHance 
with this title. The report shall include information about 
public water system compliance on Indian reservations and 
about enforcement activities undertaken and financial 
assistance provided by the Administrator on Indian res-
ervations, 
and 
shall 
make 
specific 
recommendations 
concerning the resources needed to improve compliance 
with this title on Indian reservations. 
"(4) CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER 
SYSTEMS.— 
"(A) ANNUAL REPORTS TO CONSUMERS.—^The Adminis- Regulations, 
trator, in consultation with public water systems, environ-
mental groups, public interest groups, risk communication 
experts, and the States, and other interested parties, shall 
issue regulations within 24 months after the date of enact-
ment of this paragraph to require each community water 
system to mail to each customer of the system at least 
once annually a report on the level of contaminants in 
the drinking water purveyed by that system (referred to 
in this paragraph as a 'consumer confidence report'). Such 
regulations shall provide a brief and plainly worded defini-
tion of the terms 'maximum contaminant level goal', 'maxi-
mum contaminant level', 'variances', and 'exemptions' and 
brief statements in plain language regarding the health 
concerns that resulted in regulation of each regulated 
contaminant. The regulations shall also include a brief 
and plainly worded explgmation regarding contaminants 
that may reasonably be expected to be present in drinking 
water, including bottled water. The regulations shall also 
provide for an Environmental Protection Agency toll-free 
jfiotline that consumers can call for more information and 
explanation. 
"(B) CONTENTS OF REPORT.—The consumer confidence 
reports under this paragraph shall include, but not be 
limited to, each of the following: 
"(i) Information on the source of the water 
purveyed. 
"(ii) A brief and plainly worded definition of the 
terms 'maximum contaminant level goal', 'maximum 
contaminant level', 'variances', and 'exemptions' as pro-
vided in the regulations of the Administrator. 
"(iii) If any regulated contaminant is detected in 
the water purveyed by the public water system, a 
statement setting forth (I) the maximum contaminant 
level goal, (II) the maximum contaminant level, (III) 
the level of such contaminant in such water system, 
and (IV) for any regulated contaminant for which there 
has been a violation of the maximum contaminant 
level during the year concerned, the brief statement 
in plain language regarding the health concerns that 
resulted in regulation of such contaminant, as provided 
by the Administrator in regulations under subpara-
graph (A). 
110 STAT. 1640 
PUBLIC LAW 104-182—AUG. 6, 1996 
Newspapers. 
Publication. 
Reports. 
"(iv) Information on compliance with national pri-
mary drinking water regulations, as required by the 
Administrator, and notice if the system is operating 
under a variance or exemption and the basis on which 
the variance or exemption was granted. 
"(v) Information on the levels of unregulated 
contEiminants for which monitoring is required under 
section 1445(a)(2) (including levels of Cryptosporidium 
and radon where States determine they may be found), 
"(vi) A statement that the presence of contami-
nants in drinking water does not necessarily indicate 
that the drinking water poses a health risk and that 
more information about contaminants and potential 
health effects can be obtained by CEilling the Environ-
mental Protection Agency hotline. 
A public water system may include such additional informa-
tion as it deems appropriate for public education. The 
Administrator may, for not more than 3 regulated contami-
nants other than those referred to in subclause (IV) of 
clause (iii), require a consumer confidence report under 
this paragraph to include the brief statement in plain lan-
guage regarding the health concerns that resulted in regu-
lation of the contaminant or contaminants concerned, as 
provided by the Administrator in regulations 
under 
subparagraph (A). 
"(C) CovERAGE.^The Grovemor of a State may deter-
mine not to apply the mailing requirement of subparagraph 
(A) to a community water system serving fewer than 10,000 
persons. Any such system shall— 
"(i) inform, in the newspaper notice required by 
clause (iii) or by other mesins, its customers that the 
system will not be mailing the report as required by 
subparagraph (A); 
"(ii) make the consumer confidence report available 
upon request to the public; and 
"(iii) publish the report referred to in subparagraph 
(A) annually in one or more local newspapers serving 
the area in which customers of the system are located. 
"(D) ALTERNATIVE TO PUBLICATION.—^For any commu-
nity water system which, pursuant to subparagraph (C), 
is not required to meet the mailing requirement of subpara-
graph (A) and which serves 500 persons or fewer, the 
community water system may elect not to comply with 
clause (i) or (iii) of subparagraph (C). If the community 
water system so elects, the system shall, at a minimum— 
"(i) prepare an annual consumer confidence report 
pursuant to subparagraph (B); and 
"(ii) provide notice at least once per year to each 
of its customers by mail, by door-to-door delivery, by 
posting or by other means authorized by the regula-
tions of the Administrator that the consumer con-
fidence report is available upon request. 
"(E) 
ALTERNATIVE 
FORM 
AND 
CONTENT.^A 
State 
exercising primary enforcement responsibility may estab-
lish, by rule, after notice and public comment, alternative 
requirements with respect to the form and content of 
consumer confidence reports under this paragraph.". 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1641 
(b) BOTTLED WATER STUDY.—Not later than 18 months after PubUcation. 
the date of enactment of this Act, the Administrator of the Food 21USC 349 note. 
and Drug Administration, in consultation with the Administrator 
of the Environmental Protection Agency, shall publish for public 
notice and comment a draft study on the feasibility of appropriate 
methods, if any, of informing customers of the contents of bottled 
water. The Administrator of the Food and Drug Administration 
shall publish a final study not later than 30 months after the 
date of enactment of this Act. 
SEC. 115. VARIANCES. 
The second sentence of section 1415(a)(1)(A) (42 U.S.C. 300g-
4(a)(1)(A)) is amended— 
(1) by striking "only be issued to a system after the system's 
application of and inserting "be issued to a system on condition 
that the system install"; and 
(2) by inserting before the period at the end the following: 
", and based upon an evaluation satisfactory to the State that 
indicates that alternative sources of water are not reasonably 
available to the system". 
SEC. 116. SMALL SYSTEMS VARIANCES. 
Section 1415 (42 U.S.C. 300g-4) is amended by adding at 
the end the following: 
"(e) SMALL SYSTEM VARIANCES.— 
"(1) IN GENERAL.—A State exercising primary enforcement 
responsibility for public water systems under section 1413 (or 
the Administrator in nonprimacy States) may grant a variance 
under this subsection for compliance with a requirement speci-
fying a maximum contaminant level or treatment technique 
contained in a national primary drinking water regulation to— 
"(A) public water systems serving 3,300 or fewer per-
sons; and 
"(B) with the approval of the Administrator pursuant 
to paragraph (9), public water systems serving more than 
3,300 persons but fewer than 10,000 persons, 
if the variance meets each requirement of this subsection. 
"(2) AVAILABILITY OF VARIANCES.—A public water system 
may receive a variance pursuant to paragraph (1), if— 
"(A) the Administrator has identified a variance tech-
nology under section 1412(b)(15) that is applicable to the 
size and source water quality conditions of the public water 
system; 
"(B) the public water system installs, operates, and 
maintains, in accordance with guidance or regulations 
issued by the Administrator, such treatment technology, 
treatment technique, or other means; and 
"(C) the State in which the system is located deter-
mines that the conditions of paragraph (3) are met. 
"(3) 
CONDITIONS FOR GRANTING VARIANCES.^A variance 
under this subsection shall be available only to a system— 
"(A) that cannot afford to comply, in accordance with 
affordability criteria established by the Administrator (or 
the State in the case of a State that has primary enforce-
ment responsibility under section 1413), with a national 
primary drinking water regulation, including compliance 
through— 
"(i) treatment; 
110 STAT. 1642 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(ii) alternative source of water supply; or 
"(iii) restructuring or consolidation (unless the 
Administrator (or the State in the case of a State 
that has primary enforcement responsibility under sec-
tion 
1413) makes 
a written 
determination 
that 
restructuring or consolidation is not practicable); and 
"(B) for which the Administrator (or the State in the 
case of a State that has primary enforcement responsibility 
under section 1413) determines that the terms of the vari-
ance ensure adequate protection of human health, consider-
ing the quality of the source water for the system and 
the removal efficiencies and expected useful life of the 
treatment technology required by the variance. 
"(4) COMPLIANCE SCHEDULES.—A variance granted under 
this subsection shall require compliance with the conditions 
of the variance not later than 3 years after the date on which 
the variance is granted, except that the Administrator (or the 
State in the case of a State that has primary enforcement 
responsibility under section 1413) may allow up to 2 additional 
years to comply with a variance technology, secure an alter-
native source of water, restructure or consolidate if the 
Administrator (or the State) determines that additional time 
is necessary for capital improvements, or to allow for financial 
assistance provided pursuant to section 1452 or any other Fed-
eral or State program. 
Review. 
"(5) DURATION OF VARIANCES.—^The Administrator (or the 
State in the case of a State that has primary enforcement 
responsibility under section 1413) shall review each variance 
granted under this subsection not less often than every 5 years 
after the compliance date established in the variance to deter-
mine whether the system remains eligible for the variance 
and is conforming to each condition of the variance. 
"(6) INELIGIBILITY FOR VARIANCES.—A variance shall not 
be available under this subsection for— 
"(A) any maximum contaminant level or treatment 
technique for a contaminsint with respect to which a 
national primary drinking water regulation was promul-
gated prior to January 1, 1986; or 
"(B) a national primary drinking water regulation for 
a microbial contaminant (including a bacterium, virus, or 
other organism) or an indicator or treatment technique 
for a microbial contaminant. 
"(7) REGULATIONS AND GUIDANCE.— 
"(A) IN GENERAL.—Not later than 2 years after the 
date of enactment of this subsection and in consultation 
with the States, the Administrator shall promulgate regula-
tions for variances to be granted under this subsection. 
The regulations shall, at a minimum, specify— 
"(i) procedures to be used by the Administrator 
or a State to grant or deny variances, including require-
ments for notifying the Administrator and consumers 
of the public water system that a variance is proposed 
to be granted (including information regarding the 
contaminant and variance) £ind requirements for a pub-
lic hearing on the variance before the variance is 
granted; 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1643 
"(ii) requirements for the installation and proper 
operation of variance technology that is identified 
(pursuant to section 1412(b)(15)) for small systems and 
the financial and technical capability to operate the 
treatment system, including operator training and cer-
tification; 
"(iii) eligibility criteria for a variance for each 
national primary drinking water regulation, including 
requirements for the quality of the source water (pursu-
ant to section 1412(b)(15)(A)); and 
"(iv) 
information 
requirements 
for 
variance 
applications. 
"(B) 
AFFORDABILITY 
CRITERIA.—^Not later 
than 
18 PubUcation. 
months aft;er the date of enactment of the Safe Drinking 
Water Act Amendments of 1996, the Administrator, in 
consultation with the States and the Rural Utilities Service 
of the Department of Agriculture, shall publish information 
to assist the States in developing affordability criteria. 
The affordability criteria shall be reviewed by the States Review, 
not less often than every 5 years to determine if changes 
are needed to the criteria. 
"(8) REVIEW BY THE ADMINISTRATOR.— 
"(A) IN GENERAL.—^The Administrator shall periodically 
review the program of each State that has primary enforce-
ment responsibility for public water systems under section 
1413 with respect to variances to determine whether the 
variances granted by the State comply with the require-
ments of this subsection. With respect to affordability, the 
determination of the Administrator shall be limited to 
whether the variances granted by the State comply with 
the affordability criteria developed by the State. 
"(B) NOTICE AND PUBLICATION.—If the Administrator 
determines that variances granted by a State are not in 
compliance with affordability criteria developed by the 
State and the requirements of this subsection, the Adminis-
trator shall notify the State in writing of the deficiencies 
and make public the determination. 
"(9) APPROVAL OF VARLVNCES.^A State proposing to grant 
a variance under this subsection to a public water system 
serving more than 3,300 and fewer than 10,000 persons shall 
submit the variance to the Administrator for review and 
approval prior to the issuance of the vari£ince. The Adminis-
trator shall approve the variance if it meets each of the require-
ments of this subsection. The Administrator shall approve or 
disapprove the variance within 90 days. If the Administrator 
Notification. 
disapproves a variance under this paragraph, the Administrator 
shall notify the State in writing of the reasons for disapproval 
and the variance may be resubmitted with modifications to 
address the objections stated by the Administrator. 
"(10) OBJECTIONS TO VARIANCES.— 
"(A) BY THE ADMINISTRATOR.—The Administrator may 
review and object to any variance proposed to be granted 
by a State, if the objection is communicated to the State 
not later than 90 days after the State proposes to grant 
the variance. If the Administrator objects to the granting Notification. 
of a variance, the Administrator shall notify the State 
in writing of each basis for the objection and propose a 
110 STAT. 1644 
PUBLIC LAW 104-182—AUG. 6, 1996 
modification to the variance to resolve the concerns of 
the Administrator. The State shall make the recommended 
modification or respond in writing to each objection. If 
the State issues the variance without resolving the concerns 
of the Administrator, the Administrator may overturn the 
State decision to grant the variance if the Administrator 
determines that the State decision does not comply with 
this subsection. 
"(B) PETITION BY CONSUMERS.—Not later than 30 days 
after a State exercising primary enforcement responsibility 
for public water systems under section 1413 proposes to 
grant a variance for a public water system, any person 
served by the system may petition the Administrator to 
object to the granting of a variance. The Administrator 
shall respond to the petition and determine whether to 
object to the variance under subparagraph (A) not later 
than 60 days after the receipt of the petition. 
"(C) TIMING.—No variance shall be granted by a State 
until the later of the following: 
"(i) 90 days after the State proposes to grant a 
variance. 
"(ii) If the Administrator objects to the variance, 
the date on which the State makes the recommended 
modifications or responds in writing to each objection.". 
SEC. 117. EXEMPTIONS. 
(a) IN GENERAL.—Section 1416 (42 U.S.C. 300g-5) is amended 
as follows: 
(1) In subsection (a)(1)— 
(A) by inserting after "(which may include economic 
factors" the following: ", including qualification of the public 
water system as a system serving a disadvantaged commu-
nity pursuant to section 1452(d)"; and 
(B) by inserting after "treatment technique require-
ment," the following: "or to implement measures to develop 
an alternative source of water supply,". 
(2) In subsection (a), by striking "and" at the end of para-
graph (2), striking the period at the end of paragraph (3) 
and inserting "; and" and by adding the following at the end 
thereof: 
"(4) management or restructuring changes (or both) cannot 
reasonably be made that will result in compliance with this 
title or, if compliance cannot be achieved, improve the quality 
of the drinking water.". 
(3) In subsection (b)( 1)(A)— 
(A) by striking "(including increments of progress)" 
and inserting "(including increments of progress or meas-
ures to develop an alternative source of water supply)"; 
and 
(B) by striking "requirement and treatment" and 
inserting "requirement or treatment". 
(4) In subsection (b)(2)— 
(A) by striking "(except as provided in subparagraph 
(B))" in subparagraph (A) and all that follows through 
"3 years after the date of the issuance of the exemption 
if in subparagraph (B) and inserting the following: "not 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1645 
later than 3 years after the otherwise apphcable compliance 
date established in section 1412(b)(10). 
"(B) No exemption shall be granted unless"; 
(B) in subparagraph (B)(i), by striking "within the 
period of such exemption" and inserting "prior to the date 
established pursuant to section 1412(b)(10)"; 
(C) in subparagraph (B)(ii), by inserting after "such 
financial assistance" the following: "or assistance pursuant 
to section 1452, or any other Federal or State program 
is reasonably likely to be available within the period of 
the exemption"; 
(D) in subparagraph (C)— 
(i) by striking "500 service connections" and insert-
ing "a population of 3,300"; and 
(ii) by inserting ", but not to exceed a total of 
6 years," after "for one or more additional 2-year peri-
ods"; and 
(E) by adding at the end the following: 
"(D) LIMITATION.—A public water system may not receive an 
exemption under this section if the system was granted a variance 
under section 1415(e).", 
(b) LIMITED ADDITIONAL COMPLIANCE PERIOD.—(1) The State 
of New York, on a case-by-case basis and after notice and an 
opportunity of at least 60 days for public comment, may allow 
an additional period for compliance with the Surface Water Treat-
ment Rule established pursuant to section 1412(b)(7)(C) of the 
Safe Drinking Water Act in the case of unfiltered systems in Essex, 
Columbia, Greene, Dutchess, Rensselaer, Schoharie, Saratoga, 
Washington, and Warren Counties serving a population of less 
than 5,000, which meet appropriate disinfection requirements and 
have adequate watershed protections, so long as the State deter-
mines that the public health will be protected during the duration 
of the additiongd compliance period and the system agrees to imple-
ment appropriate control measures as determined by the State. 
(2) The additional compliance period referred to in paragraph 
Expiration. 
(1) shall expire on the earlier of the date 3 years after the date 
on which the Administrator identifies appropriate control technology 
for the Surface Water Treatment Rule for public water systems 
in the category that includes such system pursuant to section 
1412(b)(4)(E) of the Safe Drinking Water Act or 5 years after 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996. 
SEC. 118. LEAD PLUMBING AND PIPES. 
Section 1417 (42 U.S.C. 300g-6) is amended as follows: 
(1) In subsection (a), by striking paragraph (1) and insert-
ing the following: 
"(1) PROHIBITIONS.— 
"(A) IN GENERAL.—^No person may use any pipe, any 
pipe or plumbing fitting or fixture, any solder, or any 
flux, after June 19, 1986, in the installation or repair 
of— 
"(i) any public water system; or 
"(ii) 
any 
plumbing 
in 
a 
residential 
or 
nonresidential facility providing water for human 
consumption. 
110 STAT. 1646 
PUBLIC LAW 104-182—AUG. 6, 1996 
Effective date. 
Effective date. 
that is not lead free (within the meaning of subsection 
(d)). 
"(B) LEADED JOINTS.—Subparagraph (A) shall not apply 
to leaded joints necessary for the repair of cast iron pipes.". 
(2) In subsection (a)(2)(A), by inserting "owner or operator 
of a" after "Each". 
(3) By adding at the end of subsection (a) the following: 
"(3) UNLAWFUL ACTS.—Effective 2 years after the date of 
enactment of this paragraph, it shall be unlawful— 
"(A) for any person to introduce into commerce any 
pipe, or any pipe or plumbing fitting or fixture, that is 
not lead free, except for a pipe that is used in manufactur-
ing or industrial processing; 
"(B) for any person engaged in the business of selling 
plumbing supplies, except manufacturers, to sell solder 
or flux that is not lead free; or 
"(C) for any person to introduce into commerce any 
solder or flux that is not lead free unless the solder or 
flux bears a prominent label stating that it is illegal to 
use the solder or flux in the installation or repair of any 
plumbing providing water for human consumption.". 
(4) In subsection (d)— 
(A) by striking "lead, and" in paragraph (1) and insert-
ing "lead;"; 
(B) by striking "lead." in paragraph (2) and inserting 
"lead; and"; and 
(C) by adding at the end the following: 
"(3) when used with respect to plumbing fittings and fix-
tures, refers to plumbing fittings and fixtures in compliance 
with standards established in accordance with subsection (e).". 
(5) By adding at the end the following: 
"(e) PLUMBING FITTINGS AND FIXTURES.— 
"(1) IN GENERAL.—^The Administrator shall provide accurate 
and timely technical information and assistsince to qualified 
third-party certifiers in the development of voluntary standards 
and testing protocols for the leaching of lead from new plumbing 
fittings and fixtures that are intended by the manufacturer 
to dispense water for human ingestion. 
"(2) STANDARDS.— 
"(A) IN GENERAL.—^If a voluntary standard for the 
leaching of lead is not established by the date that is 
1 year after the date of enactment of this subsection, the 
Administrator shall, not later than 2 years after the date 
of enactment of this subsection, promulgate regulations 
setting 
a 
health-effects-based 
performance 
standard 
establishing maximum leaching levels from new plumbing 
fittings and fixtures that are intended by the manufacturer 
to dispense water for human ingestion. The standard shall 
become effective on the date that is 5 years after the 
date of promulgation of the standard. 
"(B) ALTERNATIVE REQUIREMENT.—^If regulations are 
required to be promulgated under subparagraph (A) and 
have not been promulgated by the date that is 5 years 
after the date of enactment of this subsection, no person 
may import, manufacture, process, or distribute in com-
merce a new plumbing fitting or fixture, intended by the 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1647 
manufacturer to dispense water for humem ingestion, that 
contains more than 4 percent lead by dry weight.". 
SEC. 119. CAPACITY DEVELOPMENT. 
Part B (42 U.S.C. 300g et seq.) is amended by adding after 
section 1419 the following: 
"CAPACITY DEVELOPMENT 
"SEC. 1420. (a) STATE AUTHORITY FOR NEW SYSTEMS.—^A State 
42 use 300g-9. 
shall receive only 80 percent of the allotment that the State is 
otherwise entitled to receive under section 1452 (relating to State 
loan funds) unless the State has obtained the legal authority or 
other means to ensure that all new community water systems 
and new nontransient, noncommunity water systems commencing 
operation after October 1, 1999, demonstrate technical, managerial, 
and financial capacity with respect to each national primary drink-
ing water regulation in effect, or likely to be in effect, on the 
date of commencement of operations. 
"(b) SYSTEMS IN SIGNIFICANT NONCOMPLIANCE.— 
"(1) LIST.—^Beginning not later than 1 year after the date 
of enactment of this section, each State shall prepare, periodi-
cally update, and submit to the Administrator a list of commu-
nity water systems and nontransient, noncommunity water sys-
tems that have a history of significant noncompliance with 
this title (as defined in guidelines issued prior to the date 
of enactment of this section or any revisions of the guidelines 
that have been made in consultation with the States) and, 
to the extent practicable, the reasons for noncompliance. 
"(2) REPORT.—^Not later than 5 years after the date of 
enactment of this section and as part of the capacity develop-
ment strategy of the State, each State shall report to the 
Administrator on the success of enforcement mechanisms and 
initial capacity development efforts in assisting the public water 
systems listed under paragraph (1) to improve technical, mana-
gerial, and financial capacity. 
"(3) WITHHOLDING.—^The list and report under this sub-
section shall be considered part of the capacity development 
strategy of the State required under subsection (c) of this 
section for purposes of the withholding requirements of section 
1452(a)(l)(G)(i) (relating to State loan funds). 
"(c) CAPACITY DEVELOPMENT STRATEGY.— 
"(1) IN GENERAL,—Beginning 4 years after the date of enact-
ment of this section, a State shall receive only— 
"(A) 90 percent in fiscal year 2001; 
"(B) 85 percent in fiscal year 2002; and 
"(C) 80 percent in each subsequent fiscal year, 
of the allotment that the State is otherwise entitled to receive 
under section 1452 (relating to State loan funds), unless the 
State is developing and implementing a strategy to assist public 
water systems in acquiring and maintaining technical, manage-
rial, and financial capacity. 
"(2) CONTENT.—In preparing the capacity development 
strategy, the State shall consider, solicit public comment on, 
and include as appropriate— 
"(A) the methods or criteria that the State will use 
to identify and prioritize the public water systems most 
110 STAT. 1648 
PUBLIC LAW 104-182—AUG. 6, 1996 
in need of improving technical, managerial, and financial 
capacity; 
"(B) a description of the institutional, regulatory, finan-
cial, tax, or legal factors at the Federal, State, or local 
level that encourage or impair capacity development; 
"(C) a description of how the State will use the authori-
ties and resources of this title or other means to— 
"(i) assist public water systems in complying with 
national primary drinking water regulations; 
"(ii) encourage the development of partnerships 
between public water systems to enhance the technical, 
managerial, and financial capacity of the systems; and 
"(iii) assist public water systems in the training 
and certification of operators; 
"(D) a description of how the State will establish a 
baseline and measure improvements in capacity with 
respect to national primary drinking water regulations and 
State drinking water law; and 
"(E) an identification of the persons that have an 
interest in and are involved in the development and 
implementation of the capacity development 
strategy 
(including all appropriate agencies of Federed, State, and 
local governments, private and nonprofit public water sys-
tems, and public water system customers). 
"(3) REPORT.—^Not later than 2 years afler the date on 
which a State first adopts a capacity development strategy 
under this subsection, and every 3 years thereafter, the head 
of the State agency that has primary responsibility to carry 
out this title in the State shall submit to the Governor a 
report that shall also be available to the public on the efficacy 
of the strategy and progress made toward improving the tech-
nical, managerial, and financial capacity of public water sys-
tems in the State. 
"(4) REVIEW.—^The decisions of the State under this section 
regarding any particular public water system are not subject 
to review by the Administrator gmd may not serve as the 
basis for withholding funds under section 1452. 
"(d) FEDERAL ASSISTANCE.— 
"(1) IN GENERAL.—^The Administrator shall support the 
States in developing capacity development strategies. 
"(2) INFORMATIONAL ASSISTANCE.— 
"(A) IN GENERAL.—^Not later than 180 days after the 
date of enactment of this section, the Administrator shall— 
Review. 
"(i) conduct a review of State capacity development 
Publication. 
efforts in existence on the date of enactment of this 
section and publish information to assist States and 
public water systems in capacity development efforts; 
and 
"(ii) initiate a partnership with States, public 
water systems, and the public to develop information 
for States on recommended operator 
certification 
requirements. 
"(B) 
PUBLICATION OF INFORMATION.—^The Adminis-
trator shall publish the information developed through the 
partnership under subparagraph (A)(ii) not later than 18 
months after the date of enactment of this section. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1649 
"(3) PROMULGATION OF DRINKING WATER REGULATIONS.— 
In promulgating a national primary drinking water regulation, 
the Administrator shall include an analysis of the likely effect 
of compliance with the regulation on the technical, financial, 
and managerial capacity of public water systems. 
"(4) GUIDANCE FOR NEW SYSTEMS.—^Not later than 2 years Publication, 
after the date of enactment of this section, the Administrator 
shall publish guidance developed in consultation with the States 
describing leggJ authorities and other means to ensure that 
all new community water systems and new nontransient, non-
community water systems demonstrate technical, managerial, 
and financial capacity with respect to national primary drinking 
water regulations. 
"(e) 
VARIANCES AND EXEMPTIONS.—Based on information 
obtained under subsection (c)(3), the Administrator shall, as appro-
priate, modify regulations concerning variances and exemptions 
for small public water systems to ensure flexibility in the use 
of the variances and exemptions. Nothing in this subsection shall 
be interpreted, construed, or applied to affect or alter the require-
ments of section 1415 or 1416. 
"(f) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY ASSISTANCE 
CENTERS.— 
"(1) GRANT PROGRAM.—^The Administrator is authorized to 
make grants to institutions of higher learning to establish 
and operate small public water system technology assistance 
centers in the United States. 
"(2) RESPONSIBILITIES OF THE CENTERS.—^The responsibil-
ities of the small public water system technology assistance 
centers established under this subsection shall include the con-
duct of training and technical assistance relating to the 
information, performance, and technical needs of small public 
water systems or public water systems that serve Indian Tribes. 
"(3) APPLICATIONS.—Any institution of higher learning 
interested in receiving a grant under this subsection shall 
submit to the Administrator an application in such form and 
containing such information as the Administrator may require 
by regulation. 
"(4) SELECTION CRITERIA.—^The Administrator shall select 
recipients of grants under this subsection on the basis of the 
following criteria: 
"(A) The small public water system technology assist-
ance center shall be located in a State that is representative 
of the needs of the region in which the State is located 
for addressing the drinking water needs of small and rural 
communities or Indian Tribes. 
"(B) The grant recipient shall be located in a region 
that has experienced problems, or may reasonably be fore-
seen to experience problems, with small and rural public 
water systems. 
"(C) The grant recipient shall have access to expertise 
in small public water system technology management. 
"(D) The grant recipient shall have the capability to 
disseminate the results of small public water system tech-
nology and training programs. 
"(E) The projects that the grant recipient proposes 
to carry out under the grant are necessary and appropriate. 
110 STAT. 1650 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(F) The grant recipient has regional support beyond 
the host institution. 
"(5) CONSORTIA OF STATES.^At least 2 of the grants under 
this subsection shall be made to consortia of States with low 
population densities. 
"(6) 
AUTHORIZATION 
OF APPROPRiATiONS.^There 
are 
authorized to be appropriated to make grants under this sub-
section $2,000,000 for each of the fiscal years 1997 through 
1999, and $5,000,000 for each of the fiscal years 2000 through 
2003. 
"(g) ENVIRONMENTAL FINANCE CENTERS.— 
"(1) IN GENERAL.—^The Administrator shall provide initial 
funding for one or more university-based environmental finance 
centers for activities that provide technical assistance to State 
and local officials in developing the capacity of public water 
systems. Any such funds shall be used only for activities that 
are directly related to this title. 
Establishment. 
"(2) NATIONAL CAPACITY DEVELOPMENT CLEARINGHOUSE.— 
The Administrator shall establish a national public water sys-
tem capacity development clearinghouse to receive and dissemi-
nate information with respect to developing, improving, and 
maintaining financial £ind managerial capacity at public water 
systems. The Administrator shall ensure that the clearinghouse 
does not duplicate other federally supported clearinghouse 
activities. 
"(3) CAPACITY DEVELOPMENT TECHNIQUES.—^The Adminis-
trator may request an environmental finance center funded 
under paragraph (1) to develop and test managerial, financial, 
and institutional techniques for capacity development. The tech-
niques may include capacity assessment methodologies, manual 
and computer based public water system rate models and cap-
ital planning models, public water system consolidation proce-
dures, and regionalization models. 
"(4) 
AUTHORIZATION 
OF APPROPRIATIONS.—^There 
are 
authorized to be appropriated to carry out this subsection 
$1,500,000 for each of the fiscal years 1997 through 2003. 
"(5) LIMITATION.—^No portion of any funds made available 
under this subsection may be used for lobbying expenses.". 
SEC. 
120. AUTHOMZATION OF APPROPRIATIONS FOR CERTAIN 
GROUND WATER PROGRAMS. 
(a) CRITICAL AQUIFER PROTECTION.—Section 1427 (42 U.S.C. 
300h-6) is amended as follows: 
(1) Subsection (b)(1) is amended by striking "not later 
than 24 months after the enactment of the Safe Drinking 
Water Act Amendments of 1986". 
(2) The table in subsection (m) is amended by adding 
at the end the following: 
"1992-2003 
15,000,000.". 
(b) WELLHEAD PROTECTION AREAS.—^The table in section 
1428(k) (42 U.S.C. 300h-7(k)) is amended by adding at the end 
the following: 
"1992-2003 
30,000,000.". 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1651 
(c) UNDERGROUND INJECTION CONTROL GRANT.—The table in 
section 1443(b)(5) (42 U.S.C. 300j-2(b)(5)) is amended by adding 
at the end the following: 
"1992-2003 
15,000,000.". 
SEC. 121. AMENDMENTS TO SECTION 1442. 
Section 1442 (42 U.S.C. SOOj-l) is amended— 
(1) by redesignating paragraph (3) of subsection (b) as 
paragraph (3) of subsection (d) and moving such paragraph 
to appear after paragraph (2) of subsection (d); 
(2) by striking subsection (b) (as so amended); 
(3) by redesignating subparagraph (B) of subsection (a)(2) 
as subsection (b) and moving such subsection to appear after 
subsection (a); 
(4) in subsection (a)— 
(A) by striking paragraph (2) (as so amended) and 
inserting the following: 
"(2) INFORMATION AND RESEARCH FACILITIES.—In carrying 
out this title, the Administrator is authorized to— 
"(A) collect and make available information pertaining 
to research, investigations, and 
demonstrations 
with 
respect to providing a dependably safe supply of drinking 
water, together with appropriate recommendations in 
connection with the information; and 
"(B) make available research facilities of the Agency 
to appropriate public authorities, institutions, and individ-
uals engaged in studies and research relating to this title."; 
(B) by striking paragraph (3); and 
(C) by redesignating paragraph (11) as paragraph (3) 
and moving such paragraph to appear before paragraph 
(4). 
SEC. 122. TECHNICAL ASSISTANCE. 
Section 1442(e) (42 U.S.C. 300j-l(e)) is amended to read as 
follows: 
"(e) TECHNICAL ASSISTANCE.—^The Administrator may provide 
technical assistance to small public water systems to enable such 
systems to achieve and maintain compliance with applicable 
national primary drinking water regulations. Such assistance may 
include circuit-rider and multi-State regional technical assistance 
programs, training, Eind preliminary engineering evaluations. The 
Administrator shall ensure that technical assistance pursuant to 
this subsection is available in each State. Each nonprofit organiza-
tion receiving assistance under this subsection shall consult with 
the State in which the assistance is to be expended or otherwise 
made available before using assistance to undertake activities to 
carry out this subsection. There are authorized to be appropriated 
to the Administrator to be used for such technical assistance 
$15,000,000 for each of the fiscal years 1997 through 2003. No 
portion of any State loan fund established under section 1452 
(relating to State loan funds) and no portion of any funds made 
available under this subsection may be used 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.". 
Nonprofit 
organizations. 
Appropriation 
authorization. 
110 STAT. 1652 
PUBLIC LAW 104-182—AUG. 6, 1996 
Federal Register, 
publication. 
42 use 300g-8. 
SEC. 123. OPERATOR CERTIFICATION. 
Part B (42 U.S.C. 300g et seq.) is amended by adding the 
following after section 1418: 
"OPERATOR CERTIFICATION 
"SEC. 1419. (a) GUIDELINES.—^Not later than 30 months after 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996 and in cooperation with the States, the Administrator 
shall publish guidelines in the Federal Register, after notice and 
opportunity for comment from interested persons, including States 
and public water systems, specifying minimum standards for certifi-
cation (and recertification) of the operators of community and non-
transient noncommunity public water systems. Such guidelines 
shall take into account existing State programs, the complexity 
of the system, and other factors aimed at providing an effective 
program at reasonable cost to States and public water systems, 
taking into account the size of the system. 
"(b) STATE PROGRAMS.—Beginning 2 years after the date on 
which the Administrator publishes guidelines under subsection (a), 
the Administrator shall withhold 20 percent of the funds a State 
is otherwise entitled to receive under section 1452 unless the State 
has adopted and is implementing a program for the certification 
of operators of community and nontransient noncommunity public 
water systems that meets the requirements of the guidelines pub-
lished pursuant to subsection (a) or that has been submitted in 
compliance with subsection (c) and that has not been disapproved. 
"(c) EXISTING PROGRAMS.—^For any State exercising primary 
enforcement responsibility for public water systems or any other 
State which has an operator certification program, the guidelines 
under subsection (a) shall allow the State to enforce such program 
in lieu of the guidelines under subsection (a) if the State submits 
the program to the Administrator within 18 months after the 
publication of the guidelines unless the Administrator determines 
(within 9 months after the State submits the program to the 
Administrator) that such program is not substantially equivalent 
to such guidelines. In making this determination, an existing State 
program shall be presumed to be substantially equivalent to the 
guidelines, notwithstanding program differences, based on the size 
of systems or the quality of source water, providing the State 
program meets the overall public health objectives of the guidelines. 
If disapproved, the program may be resubmitted within 6 months 
after receipt of notice of disapproval. 
"(d) EXPENSE REIMBURSEMENT.— 
"(1) IN GENERAL.—^The Administrator 
shall 
provide 
reimbursement for the costs of training, including an appro-
priate per diem for unsalaried operators, and certification for 
persons operating systems serving 3,300 persons or fewer that 
are required to undergo training pursuant to this section. 
"(2) STATE GRANTS.—^The reimbursement shall be provided 
through grants to States with each State receiving an amount 
sufficient to cover the reasonable costs for training all such 
operators in the State, as determined by the Administrator, 
to the extent required by this section. Grants received by a 
State pursuant to this paragraph shall first be used to provide 
reimbursement for training and certification costs of persons 
operating systems serving 3,300 persons or fewer. If a State 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1653 
has reimbursed all such costs, the State may, after notice 
to the Administrator, use Einy remaining funds from the grant 
for any of the other purposes authorized for grants under 
section 1452, 
"(3) AUTHORIZATION.—There are authorized to be appro-
priated to the Administrator to provide grants for reimburse-
ment under this section $30,000,000 for each of fiscal years 
1997 through 2003. 
"(4) RESERVATION.—If the appropriation made pursuant 
to paragraph (3) for any fisced year is not sufficient to satisfy 
the requirements of paragraph (1), the Administrator shsdl, 
prior to any other allocation or reservation, reserve such sums 
as necessary from the funds appropriated pursuant to section 
1452(m) to provide reimbursement for the training and certifi-
cation costs mandated by this subsection.". 
SEC. 124. PUBUC WATER SYSTEM SUPERVISION PROGRAM. 
Section 1443(a) (42 U.S.C. 300j-2(a)) is amended as follows: 
(1) Paragraph (7) is amended to read as follows: 
"(7) AUTHORIZATION.—^For the purpose of making grants 
under paragraph (1), there are authorized to be appropriated 
$100,000,000 for each of fiscal years 1997 through 2003.". 
(2) By adding at the end the following: 
"(8) RESERVATION OF FUNDS BY THE ADMINISTRATOR.—If 
the Administrator assumes the primary enforcement respon-
sibility of a State public water system supervision program, 
the Administrator may reserve from funds made available 
pursuant to this subsection an amount equal to the amount 
that would otherwise have been provided to the State pursuant 
to this subsection. The Administrator shall use the funds 
reserved pursuant to this paragraph to ensure the full and 
effective administration of a public water system supervision 
program in the State. 
"(9) STATE LOAN FUNDS.— 
"(A) RESERVATION OF FUNDS.—^For any fiscal year for 
which the amount made available to the Administrator 
by appropriations to carry out this subsection is less than 
the amount that the Administrator determines is necessary 
to supplement funds made available pursuant to paragraph 
(8) to ensure the full and effective administration of a 
public water system supervision program in a State, the 
Administrator may reserve from the funds made avgdlable 
to the State under section 1452 (relating to State loan 
funds) an simount that is equal to the amount of the short-
fall. This paragraph shall not apply to any State not 
exercising primary enforcement responsibility for public 
water systems as of the date of enactment of the Safe 
Drinking Water Act Amendments of 1996. 
"(B) DUTY OF ADMINISTRATOR.—^If the Administrator 
reserves funds from the allocation of a State under subpara-
graph (A), the Administrator shall carry out in the State 
each of the activities that would be required of the State 
if the State had primary enforcement authority under sec-
tion 1413.". 
SEC. 125. MONITORING AM) INFORMATION GATHERING. 
(a) REVIEW OF EXISTING REQUIREMENTS.—^Paragraph (1) of sec-
tion 1445(a) (42 U.S.C. 300j-4(a)(l)) is amended to read as follows: 
110 STAT. 1654 
PUBLIC LAW 104-182—AUG. 6, 1996 
Records. 
"(1)(A) Every person who is subject to any requirement of 
this title or who is a grantee, shsdl establish and maintain such 
records, make such reports, conduct such monitoring, and provide 
such information as the Administrator may reasonably require by 
regulation to assist the Administrator in establishing regulations 
under this title, in determining whether such person has acted 
or is acting in compliance with this title, in administering any 
program of financial assistance under this title, in evaluating the 
health risks of unregulated contaminants, or in advising the public 
of such risks. In requiring a public water system to monitor under 
this subsection, the Administrator may take into consideration the 
system size and the contaminants likely to be found in the system's 
drinking water. 
"(B) Every person who is subject to a national primary drinking 
water regulation under section 1412 shall provide such information 
as the Administrator may reasonably require, after consultation 
with the State in which such person is located if such State has 
primary enforcement responsibility for public water systems, on 
a case-by-case basis, to determine whether such person has acted 
or is acting in compliance with this title. 
"(C) Every person who is subject to a national primary drinking 
water regulation under section 1412 shall provide such information 
as the Administrator may reasonably require to assist the Adminis-
trator in establishing regulations under section 1412 of this title, 
after consultation with States and suppliers of water. The Adminis-
trator may not require under this subparagraph the installation 
of treatment equipment or process changes, the testing of treatment 
technology, or the analysis or processing of monitoring samples, 
except where the Administrator provides the funding for such activi-
ties. Before exercising this authority, the Administrator shall first 
seek to obtain the information by voluntary submission. 
Regulations. 
"(D) The Administrator shall not later than 2 years after the 
date of enactment of this subparagraph, after consultation with 
public health experts, representatives of the general public, and 
officials of State and local governments, review the monitoring 
requirements for not fewer than 12 contaminants identified by 
the Administrator, and promulgate any necessary modifications.". 
(b) MONITORING RELIEF.—^Part B is amended by adding the 
following new section after section 1417 (42 U.S.C. 300g-6): 
"MONITORING OF CONTAMINANTS 
42 use 300g-7. 
"SEC. 1418. (a) INTERIM MONITORING RELIEF AUTHORITY.— 
"(1) IN GENERAL.—A State exercising primary enforcement 
responsibility for public water systems may modify the monitor-
ing requirements for any regulated or unregulated contami-
nants for which monitoring is required other than microbial 
contaminants (or indicators thereof;, disinfectants and disinfec-
tion byproducts or corrosion byproducts for an interim period 
to provide that any public water system serving 10,000 persons 
or fewer shall not be required to conduct additional quarterly 
monitoring during an interim relief period for such contami-
UEOltS if— 
"(A) monitoring, conducted at the beginning of the 
period for the contaminant concerned and certified to the 
State by the public water system, fails to detect the pres-
ence of the contaminant in the ground or surface water 
supplying the public water system; and 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1655 
"(B) the State, considering the hydrogeology of the 
area and other relevant factors, determines in writing that 
the contaminant is unhkely to be detected by further mon-
itoring during such period. 
"(2) TERMINATION; TIMING OF MONITORING.—The interim 
reUef period referred to in paragraph (1) shall terminate when 
permanent monitoring relief is adopted and approved for such 
State, or at the end of 36 months after the date of enactment 
of the Safe Drinking Water Act Amendments of 1996, whichever 
comes first. In order to serve as a basis for interim relief, 
the monitoring 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 
contaminant concerned in the relevant ground or surface water, 
taking into account in the case of pesticides the time of applica-
tion 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 contaminants, seasonality of 
precipitation and contaminant travel time. 
i 
"(b) PERMANENT MONITORING RELIEF AUTHORITY.— 
"(1) IN GENERAL.—Each State exercising primary enforce-
ment responsibility for public water systems under this title 
and having an approved source water assessment program 
may adopt, in accordance with guideince published by the 
Administrator, tailored alternative monitoring requirements for 
public water systems in such State (as an alternative to the 
monitoring requirements for chemical contaminants set forth 
in the applicable national primary drinking water regulations) 
where the State concludes that (based on data available at 
the time of adoption concerning susceptibility, use, occurrence, 
or wellhead protection, or from the State's drinking water 
source water assessment program) such alternative monitoring 
would provide assurance that it complies with the Administra-
tor's guidelines. The State program must be adequate to assure 
compliance with, and enforcement of, applicable nationgd pri-
mary drinking water regulations. Alternative monitoring shall 
not apply to regulated microbiological contaminants (or indica-
tors thereof), disinfectants and disinfection b3rproducts, or corro-
sion b)T)roducts. 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) GUIDELINES.— 
"(A) IN GENERAL.—^The Administrator shall issue, after 
notice and comment and at the same time as guidelines 
are issued for source water assessment under section 1453, 
guidelines for States to follow in proposing alternative mon-
itoring requirements under paragraph (1) for chemical 
contaminants. The Administrator shall pulslish such guide- Federal Register, 
lines in the Federal Register. The guidelines shall assure publication, 
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 alter-
native 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. 
110 STAT. 1656 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(B) DEFINITION.—^For purposes of subparagraph (A), 
the phrase 'reliably and consistently below the maximum 
contaminant level' means that, although contaminants have 
been detected in a water supply, the State has sufficient 
knowledge of the contamination source and extent of 
contamination to predict that the maximum contaminant 
level will not be exceeded. In determining that a contami-
nant is reliably 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 contami-
nant level. Wide variations in the analytical results, or 
analytical results close to the maximum contaminant level, 
shall not be considered to be reliably and consistently below 
the maximum contaminEint level. 
"(3) EFFECT OF DETECTION OF CONTAMINANTS.—^The guide-
lines issued by the Administrator under paragraph (2) shall 
require that if, Eifter the monitoring program is in effect and 
operating, a contaminant covered by the alternative monitoring 
program is detected at levels at or above the maximum contami-
nant 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 elimi-
nate the contamination problem; or 
"(B) test for the detected contaminant pursuant to 
the applicable national primary drinking water regulation. 
"(4) 
STATES NOT EXERCISING 
PRIMARY 
ENFORCEMENT 
RESPONSIBILITY.—^The Grovemor of any State not exercising pri-
mary enforcement responsibility under section 1413 on the 
date of enactment of this section may submit to the Adminis-
trator a request that the Administrator modify the monitoring 
requirements established by the Administrator and applicable 
to public water systems in that State. After consultation with 
the Grovemor, the Administrator shall modify the requirements 
for public water systems in that State if the request of the 
Gk)vemor is in accordance with each of the requirements of 
this subsection that apply to alternative monitoring require-
ments established by States that have primary enforcement 
responsibility. A decision by the Administrator to approve a 
request under this clause shall be for a period of 3 years 
and may subsequently be extended for periods of 5 years. 
"(c) TREATMENT AS NPDWR.—^All monitoring relief granted by 
a State to a public water system for a regulated contaminant 
under subsection (a) or (b) shall be treated as part of the national 
primary drinking water regulation for that contaminant. 
"(d) OTHER MONITORING RELIEF.—^Nothing in this section shall 
be construed to affect the authority of the States under applicable 
national primary drinking water regulations to alter monitoring 
requirements through waivers or other existing authorities. The 
Administrator shall periodically review and, as appropriate, revise 
such authorities.". 
(c) UNREGULATED CONTAMINANTS.—Section 1445(a) (42 U.S.C. 
300j-4(a)) is amended by striking paragraphs (2) through (8) and 
inserting the following: 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1657 
"(2) MONITORING PROGRAM FOR UNREGULATED CONTAMI-
NANTS.— 
"(A) 
ESTABLISHMENT.—^The 
Administrator 
shall R^ulations. 
promulgate regulations establishing the criteria for a mon-
itoring program for unregulated contaminants. The regula-
tions shall require monitoring of drinking water supplied 
by public water systems and shall vary the frequency and 
schedule for monitoring requirements for systems based 
on the number of persons served by the system, the source 
of supply, and the contaminants likely to be found, ensuring 
that only a representative sample of systems serving 10,000 
persons or fewer are required to monitor. 
"(B) MONITORING PROGRAM FOR CERTAIN UNREGULATED 
CONTAMINANTS.— 
"(i) INITIAL LIST.—^Not later than 3 years after Records, 
the date of enactment of the Safe Drinking Water 
Act Amendments of 1996 and every 5 years thereafter, 
the Administrator shall issue a list pursuant to 
subparagraph (A) of not more than 30 unregfulated 
contaminants to be monitored by public water systems 
and to be included in the national drinking water 
occurrence data base maintained pursuant to sub-
section (g). 
"(ii) GOVERNORS' 
PETITION.—The Administrator 
shall include among the list of contaminants for which 
monitoring is required under this paragraph each 
contaminant recommended in a petition signed by the 
Governor of each of 7 or more States, unless the 
Administrator determines that the action would pre-
vent the listing of other contaminants of a higher public 
health concern. 
"(C) MONITORING PLAN FOR SMALL AND MEDIUM SYS-
TEMS.— 
"(i) IN GENERAL,—^Based on the regulations 
promulgated by the Administrator, each State may 
develop a representative monitoring plan to assess the 
occurrence of unregulated contaminants in public 
water systems that serve a population of 10,000 or 
fewer in that Sta.te. The plan shall require monitoring 
for systems representative of different sizes, types, and 
geographic locations in the State. 
"(ii) 
GRANTS FOR SMALL SYSTEM COSTS.—From 
ftmds reserved under section 1452(o) or appropriated 
under subparagraph (H), the Administrator shall pay 
the reasonable cost of such testing and laboratory 
analysis as are necessary to carry out monitoring under 
the plan. 
"(D) MONITORING RESULTS.—^Each public water system 
that conducts monitoring of unregulated contaminants 
pursuant to this paragraph shall provide the results of 
the monitoring to the primary enforcement authority for 
the system. 
"(E) NOTIFICATION.—Notification of the availability of 
the results of monitoring programs required under para-
graph (2)(A) shall be given to the persons served by the 
system. 
29-194 O - 96 - 28 : QL 3 Part 2 
110 STAT. 1658 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(F) 
WAIVER 
OF 
MONITORING 
REQUIREMENT.—The 
Administrator shall waive the requirement for monitoring 
for a contaminant under this paragraph in a State, if 
the State demonstrates that the criteria for listing the 
contaminant do not apply in that State. 
"(G) ANALYTICAL METHODS.—^The State may use screen-
ing methods approved by the Administrator under sub-
section (i) in lieu of monitoring for particular contaminants 
under this paragraph. 
"(H) AUTHORIZATION OF APPROPRIATIONS.—^There 
are 
authorized to be appropriated to carry out this paragraph 
$10,000,000 for each of the fiscal years 1997 through 2003.". 
(d) SCREENING METHODS.—Section 1445 (42 U.S.C. 300j-4) is 
amended by adding the following after subsection (h): 
"(i) SCREENING METHODS.—^The Administrator shall review new 
analytical methods to screen for regulated contaminants and may 
approve such methods as are more accurate or cost-effective than 
established reference methods for use in compliance monitoring.". 
SEC. 126. OCCUKRENCE DATA BASE. 
Section 1445 (42 U.S.C. 300J-4) is amended by adding the 
following new subsection after subsection (f): 
"(g) OCCURRENCE DATA BASE.— 
"(1) IN GENERAL.—^Not later than 3 years after the date 
of enactment of the Safe Drinking Water Act Amendments 
of 1996, the Administrator shall assemble and maintain a 
national drinking water contaminant occurrence data base, 
using information on the occurrence of both regulated and 
unregulated contaminants in public water systems obtained 
under subsection (a)(1)(A) or subsection (a)(2) and reliable 
information from other public and private sources. 
"(2) PUBLIC INPUT.—^In establishing the occurrence data 
base, the Administrator shall solicit recommendations from the 
Science Advisory Board, the States, and other interested parties 
concerning the development and maintenance of a national 
drinking water contaminant occurrence data base, including 
such issues as the structure and design of the data base, 
data input parameters and requirements, and the use and 
interpretation of data. 
"(3) USE.—^The data shall be used by the Administrator 
in making determinations under section 1412(b)(1) with respect 
to the occurrence of a contaminant in drinking water at a 
level of public health concern. 
"(4) PUBLIC RECOMMENDATIONS.—The Administrator shall 
periodically solicit recommendations from the appropriate offi-
cials of the National Academy of Sciences and the States, 
and any person may submit recommendations to the Adminis-
trator, with respect to contaminants that should be included 
in the national drinking water contaminant occurrence data 
base, including recommendations with respect to additional 
unregulated contaminants that should be listed under sub-
section (a)(2). Any recommendation submitted under this clause 
shall be accompanied by reasonable documentation that— 
"(A) the contaminant occurs or is likely to occur in 
drinking water; and 
"(B) the contaminant poses a risk to public health. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1659 
"(5) PUBLIC AVAILABILITY.—The information from the data 
base shall be available to the public in readily accessible form. 
"(6) REGULATED CONTAMINANTS.—With respect to each 
contaminant for which a nationsd primary drinking water regu-
lation has been established, the data base shall include informa-
tion on the detection of the contaminant at a quantifiable 
level in public water systems (including detection of the 
contaminant at levels not constituting a violation of the maxi-
mum contaminant level for the contaminant). 
"(7) 
UNREGULATED 
CONTAMINANTS.—^With 
respect 
to 
contaminants for which a national primary drinking water 
regulation has not been established, the data base shall 
include— 
"(A) monitoring information collected by public water 
systems that serve a population of more than 10,000, as 
required by the Administrator under subsection (a); 
"(B) monitoring information collected from a represent-
ative sampling of public water systems that serve a popu-
lation of 10,000 or fewer; and 
"(C) other reliable and appropriate monitoring informa-
tion on the occurrence of the contaminants in public water 
systems that is available to the Administrator.". 
SEC. 127. DRINKING WATER ADVISORY COUNCIL. 
The second sentence of section 1446(a) (42 U.S.C. 300j-6(a)) 42USC300j-5. 
is amended by inserting before the period at the end the following: 
", of which two such members shall be associated with small, 
rural public water systems". 
SEC. 
1
2
8
. 
NEW 
YORK 
CITY 
WATERSHED 
PROTECTION 
PROGRAM. 
Section 1443 (42 U.S.C. 300J-2) is amended by adding at the 
end the following: 
"(d) NEW YORK CITY WATERSHED PROTECTION PROGRAM.— 
"(1) IN GENERAL.—The Administrator is authorized to pro-
vide financial assistance to the State of New York for dem-
onstration projects implemented as part of the watershed pro-
gram for tne protection and enhancement of the quality of 
source waters of the New York City water supply system, 
including projects that demonstrate, assess, or provide for com-
prehensive monitoring and surveillance and projects necessary 
to comply with the criteria for avoiding filtration contained 
in 40 CFR 141.71. Demonstration projects which shall be 
eligible for financial assistance shall be certified to the Adminis-
trator by the State of New York as satisfying the purposes 
of this subsection. In certifying projects to the Administrator, 
the State of New York shall give priority to monitoring projects 
that have undergone peer review. 
"(2) REPORT.—^Not later than 5 years after the date on 
which the Administrator first provides assistance pursuant to 
this paragraph, the Grovemor of the State of New York shall 
submit a report to the Administrator on the results of projects 
assisted. 
"(3) MATCHING REQUIREMENTS.—Federal assistance pro-
vided under this subsection shall not exceed 50 percent of 
the total cost of the protection program being carried out for 
any particular watershed or ground water recharge area. 
"(4) AUTHORIZATION.—^^ere are authorized to be appro-
priated to the Administrator to carry out this subsection for 
110 STAT. 1660 
PUBLIC LAW 104-182—AUG. 6, 1996 
each of fiscal years 1997 through 2003, $15,000,000 for the 
purpose of providing assistance to the State of New York to 
carry out paragraph (1).". 
SEC. 129. FEDERAL AGENCIES. 
(a) IN GENERAL.—Section 1447 (42 U.S.C. 300J-6) is amended 
by redesignating subsection (c) as subsection (d) and by striking 
subsections (a) and (b) and inserting the following: 
"(a) IN GENERAL.—^Each department, agency, and instrumental-
ity of the executive, legislative, £ind judicial branches of the Federal 
Government— 
"(1) owning or operating any facility in a wellhead protec-
tion area; 
"(2) engaged in any activity at such facility resulting, or 
which may result, in the contamination of water supplies in 
any such area; 
"(3) owning or operating any public water system; or 
"(4) engaged in any activity resulting, or which may result 
in, underground injection which endangers drinking water 
(within the meaning of section 1421(d)(2)), 
shall be subject to, and comply with, all Federal, State, interstate, 
and local requirements, both substantive and procedural (including 
any requirement for permits or reporting 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, respecting such public water systems, and respecting any 
underground injection in the same manner and to the same extent 
as any person is subject to such requirements, including the pay-
ment 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 administrative 
orders and £ill civil and administrative penalties and fines, regard-
less of whether such penalties or fines are punitive or coercive 
in nature or are imposed for isolated, intermittent, or continuing 
violations. The United States hereby expressly waives any immunity 
otherwise applicable to the United States with respect to any such 
substEintive or procedural requirement (including, but not limited 
to, any injunctive relief, administrative order or civil or administra-
tive penalty or fine referred to in the preceding sentence, or reason-
able service charge). The reasonable service chsirges referred to 
in this subsection include, 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 nondiscriminatory charges that are 
assessed in connection with a Federal, State, interstate, or local 
regulatory program respecting the protection of wellhead areas 
or public water systems or respecting any underground injection. 
Neither the United States, nor any agent, employee, 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 Federal, State, interstate, or local law concerning the 
protection of wellhead areas or public water systems or concerning 
underground injection with respect to any act or omission within 
the scope of the official duties of the agent, employee, or officer. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1661 
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 
pursuEint 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 instrumen-
tality in the executive branch from compliance with such a require-
ment if he determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted 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 determina-
tion. The President shall report each January to the Congress President, 
all exemptions from the requirements of this section granted during Reports, 
the preceding calendar year, together with his reason for granting 
each such exemption. 
"(b) ADMINISTRATIVE PENALTY ORDERS.— 
"(1) IN GENERAL.—If the Administrator finds that a Federal 
agency has violated an applicable requirement under this title, 
the Administrator may issue a penalty order assessing a pen-
alty against the Federal agency. 
"(2) PENALTIES.—^The Administrator may, after notice to 
the agency, assess a civil penalty against the agency in an 
amount not to exceed $25,000 per day per violation. 
"(3) PROCEDURE.—Before an administrative penalty order 
issued under this subsection becomes final, the Administrator 
shall provide the agency an opportunity to confer with the 
Administrator and shall provide the agency notice and an oppor-
tunity for a hearing on the record in accordance with chapters 
5 and 7 of title 5, United States Code. 
"(4) PUBLIC REVIEW.— 
"(A) IN GENERAL.—^Any interested person may obtain 
review of an administrative penalty order issued under 
this subsection. The review may be obtained in the United 
States District Court for the District of Columbia or in 
the United States District Court for the district in which 
the violation is alleged to have occurred by the filing of 
a complaint with the court within the 30-day period begin-
ning on the date the penalty order becomes final. The 
person filing the complaint shall simultaneously send a 
copy of the complaint by certified mail to the Administrator 
and the Attorney General. 
"(B) RECORD.—^The Administrator shall promptly file 
in the court a certified copy of the record on which the 
order was issued. 
"(C) STANDARD OF REVIEW.—^The court shall not set 
aside or remand the order unless the court finds that 
there is not substantial evidence in the record, taken as 
a whole, to support the finding of a violation or that the 
assessment of the penalty by the Administrator constitutes 
an abuse of discretion. 
"(D) 
PROHIBITION 
ON ADDITIONAL 
PENALTIES.—The 
court may not impose an additional civil penalty for a 
110 STAT. 1662 
PUBLIC LAW 104-182—AUG. 6, 1996 
violation that is subject to the order unless the court finds 
that the assessment constitutes £in abuse of discretion by 
the Administrator. 
"(c) LIMITATION ON STATE USE OF FUNDS COLLECTED FROM 
FEDERAL GTOVERNMENT.—^Unless a State law in effect on the date 
of enactment of the Safe Drinking Water Act Amendments of 1996 
or a State constitution requires the funds to be used in a different 
manner, all funds collected by a State from the Federal Grovemment 
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 defray the costs of environmental protection 
or enforcement.". 
(b) CITIZEN ENFORCEMENT.—(1) The first sentence of section 
1449(a) (42 U.S.C. 300j-8(a)) is amended— 
(A) in paragraph (1), by striking ", or" and inserting a 
semicolon; 
(B) in paragraph (2), by striking the period at the end 
and inserting "; or"; and 
(C) by adding at the end the following: 
"(3) for the collection of a penalty by the United States 
Grovemment (and associated costs and interest) against any 
Federal agency that fails, by the date that is 18 months after 
the effective aate of a final order to pay a penalty assessed 
by the Administrator under section 1429(b), to pay the pen-
alty.". 
(2) Subsection (b) of section 1449 (42 U.S.C. 300j-8(b)) is amend-
ed by striking the period at the end of paragraph (2) and inserting 
"; or" and by adding the following new paragraph after paragraph 
(2): 
"(3) under subsection (a)(3) prior to 60 days after the plain-
tiff has given notice of such action to the Attorney Greneral 
and to the Federal agency.". 
(c) WASHINGTON AQUEDUCT.—Section 1447 (42 U.S.C. 300j-
6) is amended by adding at the end the following: 
"(e) WASHINGTON AQUEDUCT.—^The Secretary of the Army shall 
not pass the cost of any penalty assessed under this title on to 
any customer, user, or other purchaser of drinking water from 
the Washington Aqueduct system, including finished water from 
the Dalecarlia or McMillan treatment plant.". 
SEC. 130. STATE REVOLVING LOAN FUNDS. 
Part E (42 U.S.C. 300j et seq.) is amended by adding the 
following new section after section 1451: 
"STATE REVOLVING LOAN FUNDS 
42 use 30()j-i2. 
"SEC. 1452. (a) GENERAL AUTHORITY.— 
"(1) GRANTS TO STATES TO ESTABLISH STATE LOAN FUNDS.— 
"(A) IN GENERAL.—^The Administrator shall offer to 
enter into agreements with eligible States to make capital-
ization grants, including letters of credit, to the States 
under this subsection to further the health protection objec-
tives of this title, promote the efficient use of fund 
resources, and for other purposes as are specified in this 
title. 
"(B) ESTABLISHMENT OF FUND.—^To be eligible to receive 
a capitalization grant under this section, a State shall 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1663 
establish a drinking water treatment revolving loan fund 
(referred to in this section as a 'State loan fund') and 
comply with the other requirements of this section. Each 
grant to a State under this section shall be deposited 
in the State loan fund established by the State, except 
as otherwise provided in this section and in other provisions 
of this title. No funds authorized by other provisions of 
this title to be used for other purposes specified in this 
title shall be deposited in any State loan fund. 
"(C) EXTENDED PERIOD.—^The grant to a State shall 
be available to the State for obligation during the fiscal 
year for which the funds are authorized and during the 
following fiscal year, except that grants made available 
from funds provided prior to fiscal year 1997 shall be 
available for obligation during each of the fiscal years 
1997 and 1998. 
"(D) ALLOTMENT FORMULA.—Except as otherwise pro-
vided in this section, funds made available to carry out 
this section shall be allotted to States that have entered 
into an agreement pursuant to this section (other than 
the District of Columbia) in accordance with— 
"(i) for each of fiscal years 1995 through 1997, 
a formula that is the same as the formula used to 
distribute public water system supervision grant funds 
under section 1443 in fiscal year 1995, except that 
the minimum proportionate share established in the 
formula shall be 1 percent of available funds and the 
formula shall be adjusted to include a minimum 
proportionate share for the State of Wyoming and the 
District of Columbia; and 
"(ii) for fiscal year 1998 and each subsequent fiscal 
year, a formula that sdlocates to each State the propor-
tional share of the State needs identified in the most 
recent survey conducted pursuant to subsection (h), 
except that the minimum proportionate share provided 
to each State shall be the same as the minimum 
proportionate share provided under clause (i). 
"(E) REALLOTMENT.—The grants not obligated by the 
last day of the period for which the grants are available 
shall be reallotted according to the appropriate criteria 
set forth in subparagraph (D), except that the Adminis-
trator may reserve and allocate 10 percent of the remaining 
amount for financial assistance to Indian Tribes in addition 
to the amount allotted under subsection (i) and none of 
the funds reallotted by the Administrator shall be reallotted 
to any State that has not obligated all sums allotted to 
the State pursuant to this section during the period in 
which the sums were available for obligation. 
"(F) NoNPRI^[ACY STATES.—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 under this 
subparagraph. Pursuant to section 1443(a)(9)(A) such sums 
allotted under this subparagraph shall be reserved as 
needed by the Administrator to exercise primary enforce-
ment responsibility under this title in such State and the 
remainder shall be reallotted to States exercising primary 
110 STAT. 1664 
PUBLIC LAW 104-182—AUG. 6, 1996 
enforcement responsibility for public water systems for 
deposit in such funds. Whenever the Administrator makes 
a final determination pursuant to section 1413(b) that the 
requirements of section 1413(a) are no longer being met 
by a State, additionsd grants for such State under this 
title shall be immediately terminated by the Administrator. 
This subparagraph shall not apply to any State not exercis-
ing primary enforcement responsibility for public water 
systems as of the date of enactment of the Safe Drinking 
Water Act Amendments of 1996. 
"(G) OTHER PROGRAMS,— 
"(i) NEW SYSTEM CAPACITY.—Beginning in fiscal 
year 1999, the Administrator shall withhold 20 percent 
of each capitalization grant made pursuant to this 
section to a State unless the State has met the require-
ments of section 1420(a) (relating to capacity develop-
ment) gmd shall withhold 10 percent for fiscal year 
2001, 15 percent for fiscal year 2002, and 20 percent 
for fiscal year 2003 if the State has not complied with 
the provisions of section 1420(c) (relating to capacity 
development strategies). Not more than a total of 20 
percent of the capitalization grants made to a State 
in any fiscal year may be withheld under the preceding 
provisions of this clause. All funds withheld by the 
Administrator pursuant to this clause shall be reallot-
ted by the Administrator on the basis of the same 
ratio as is applicable to funds allotted under subpara-
graph (D). None of the funds reallotted by the Adminis-
trator pursuant to this paragraph shall be allotted 
to a State unless the State has met the requirements 
of section 1420 (relating to capacity development). 
"(ii) OPERATOR CERTIFICATION.—^The Administrator 
shall withhold 20 percent of each capitalization grant 
made pursuant to this section unless the State has 
met the requirements of 1419 (relating to operator 
certification). All funds withheld by the Administrator 
pursuant to this clause shall be reallotted by the 
Administrator on the basis of the same ratio as 
applicable to funds allotted under subparagraph (D). 
None of the funds reallotted by the Administrator 
pursuant to this paragraph shall be allotted to a State 
unless the State has met the requirements of section 
1419 (relating to operator certification). 
"(2) USE OF FUNDS.—^Except as otherwise authorized by 
this title, amounts deposited in a State loan fund, including 
loan repa3mients and interest earned on such amounts, shall 
be used only for providing loans or loan guarantees, or as 
a source of reserve and security for leveraged loans, the pro-
ceeds of which are deposited in a State loan fund established 
under paragraph (1), or other financial assistance authorized 
under this section to community water systems and nonprofit 
noncommunity water systems, other than systems owned by 
Federal agencies. Financial assistance under this section may 
be used by a public water system only for expenditures (not 
including monitoring, operation, and medntenance expendi-
tures) of a tj^e or category which the Administrator has deter-
mined, through guidance, will facilitate compliance with 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1665 
nationgd primary drinking water regulations applicable to the 
system under section 1412 or otherwise significantly further 
the health protection objectives of this title. The funds may 
also be used to provide loans to a system referred to in section 
1401(4)(B) for the puirpose of providing the treatment described 
in section 1401(4)(B)(i)(III). The funds shall not be used for 
the acquisition of real property or interests therein, unless 
the acquisition is integral to a project authorized by this para-
graph and the purchase is from a willing seller. Of the amount 
credited to any State loan fund established under this section 
in any fiscal year, 15 percent shall be available solely for 
providing loan assistance to public water systems which regu-
larly serve fewer than 10,000 persons to the extent such funds 
can be obligated for eligible projects of public water systems. 
"(3) LIMITATION.— 
"(A) IN GENERAL.—Except as provided in subpeiragraph 
(B), no assistance under this section shall be provided 
to a public water system that— 
"(i) does not have the technical, managerial, and 
financial capability to ensure compliance with the 
requirements of this title; or 
"(ii) is in significant noncompliance with any 
requirement of a national primary drinking water regu-
lation or variance. 
"(B) RESTRUCTURING.—A public water system described 
in subparagraph (A) may receive assistance under this 
section if— 
"(i) the use of the assistance will ensure compU-
ance; and 
"(ii) if subparagraph (A)(i) applies to the system, 
the owner or operator of the system agrees to under-
take feasible and appropriate changes in operations 
(including ownership, management, accounting, rates, 
maintenance, consolidation, alternative water supply, 
or other procedures) if the State determines that the 
measures are necessary to ensure that the system has 
the technical, managerial, and financial capability to 
comply with the requirements of this title over the 
long term. 
"(C) REVIEW.—^Prior to providing assistance under this 
section to a pubUc water system that is in significant 
noncompliance with any requirement of a national primary 
drinking water regulation or variance, the State shall con-
duct a review to determine whether subparagraph (A)(i) 
applies to the system. 
"(b) INTENDED USE PLANS.— 
"(1) IN GENERAL.—^After providing for public review and 
comment, each State that has entered into a capitalization 
agreement pursuant to this section shall annually prepare a 
plan that identifies the intended uses of the amounts available 
to the State loan fund of the State. 
"(2) CONTENTS.—^^An intended use plan shall include— 
"(A) a list of the projects to be assisted in the first 
fiscal year that begins Eifter the date of the plan, including 
a description of the project, the expected terms of financial 
assistance, and the size of the community served; 
110 STAT. 1666 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(B) the criteria and methods estabhshed for the dis-
tribution of funds; and 
"(C) a description of the financial status of the State 
loan fund and the shori;-term and long-term goals of the 
State loan fund. 
"(3) USE OF FUNDS.— 
"(A) IN GENERAL.—An intended use plan shall provide, 
to the maximum extent practicable, that priority for the 
use of funds be given to projects that— 
"(i) address the most serious risk to human health; 
"(ii) are necessary to ensure compliance with the 
requirements of this title (including requirements for 
filtration); and 
"(iii) assist systems most in need on a per house-
hold basis according to State affordability criteria. 
PubUcations. 
"(B) LiST OF PROJECTS.—^Each State shall, after notice 
Records. 
and opportunity for public comment, publish and periodi-
cally update a list of projects in the State that are eligible 
for assistance under this section, including the priority 
assigned to each project and, to the extent known, the 
expected funding schedule for each project. 
"(c) FUND MANAGEMENT.—Each State loan fund under this 
section shall be established, 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 the fund are not required for current obligation or 
expenditure, such amounts shall be invested in interest bearing 
obligations. 
^ 
"(d) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.— 
"(1) LOAN SUBSIDY.—^Notwithstanding any other provision 
of this section, in any case in which the State makes a loan 
pursuant to subsection (a)(2) to a disadvantaged community 
or to a community that the State expects to become a disadvan-
taged community as the result of a proposed project, the State 
may provide additional subsidization (including forgiveness of 
principal). 
"(2) TOTAL AMOUNT OF SUBSIDIES.—^For each fiscal year, 
the total amount of loan subsidies made by a State pursuant 
to paragraph (1) may not exceed 30 percent of the amount 
of the capitalization grant received by the State for the year. 
"(3) DEFINITION OF DISADVANTAGED COMMUNITY.—In this 
subsection, the term 'disadvantaged community' means the 
service area of a public water system that meets affordability 
criteria established after public review and comment by the 
State in which the public water system is located. The Adminis-
trator may publish information to assist States in establishing 
affordability criteria. 
"(e) STATE CONTRIBUTION.—^Each agreement under subsection 
(a) shall require that the State deposit in the State loan 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, 
except that a State shall not be required to deposit such amount 
into the fund prior to the date on which each grant pa3nnent 
is made for fiscal years 1994, 1995, 1996, and 1997 if the State 
deposits the State contribution amount into the State loan fund 
prior to September 30,1999. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1667 
"(f) TYPES OF ASSISTANCE.—Except as otherwise limited by 
State law, the amounts deposited into a State loan fund under 
this section may be used only— 
"(1) to make loans, on the condition that— 
"(A) the interest rate for each loan is less than or 
equal to the market interest rate, including an interest 
free loan; 
"(B) principal and interest pa5rments on each loan will 
commence not later than 1 year after completion of the 
project for which the loan was made, and each loan will 
be fully amortized not later than 20 years after the comple-
tion of the project, except that in the case of a disadvan-
taged community (as defined in subsection (d)(3)), a State 
may provide an extended term for a loan, if the extended 
term— 
"(i) terminates not later than the date that is 
30 years after the date of project completion; and 
"(ii) does not exceed the expected design life of 
the project; 
"(C) the recipient of each loan will establish a dedicated 
source of revenue (or, in the case of a privately owned 
system, demonstrate that there is adequate security) for 
the repa3rment of the loan; and 
"(D) the State loan fund will be credited with all pay-
ments of principal and interest on each loan; 
"(2) to buy or refinance the debt obligation of a municipality 
or an intermunicipal or interstate agency within the State 
at an interest rate that is less than or equal to the market 
interest rate in any case in which a debt obligation is incurred 
after July 1, 1993; 
"(3) to guarantee, or purchase insurance for, a local obliga-
tion (all of the proceeds of which finance a project eligible 
for assistance under this section) if the guarantee or purchase 
would improve credit market access or reduce the interest 
rate applicable to the obligation; 
"(4) as a source of revenue or security for the pa5mient 
of principal and interest on revenue or general obligation bonds 
issued by the State if the proceeds of the sale of the bonds 
will be deposited into the State loan fund; and 
"(5) to earn interest on the amounts deposited into the 
State loan fund. 
"(g) ADMINISTRATION OF STATE LOAN FUNDS.— 
"(1) COMBINED FINANCIAL ADMINISTRATION.—^Notwithstand-
ing subsection (c), a State may (as a convenience and to avoid 
unnecessary administrative costs) combine, in accordance with 
State law, the financial administration of a State loan fund 
established under this section with the financial administration 
of any other revolving fund established by the State if otherwise 
not prohibited by the law under which the State loan fund 
was established and if the Administrator determines that— 
"(A) the grants under this section, together with loan 
repayments and interest, will be separately accounted for 
and used solely for the purposes specified in subsection 
(a); and 
"(B) the authority to establish assistance priorities and 
carry out oversight and related activities (other than finan-
cial administration) with respect to assistance remains with 
110 STAT. 1668 
PUBLIC LAW 104-182—AUG. 6, 1996 
Publication. 
the State agency having primary responsibility for adminis-
tration of the State program under section 1413, after 
consultation with other appropriate State agencies (as 
determined by the State): Provided, That in nonprimacy 
States eligible to receive assistance under this section, 
the Grovemor shall determine which State agency will have 
authority to establish priorities for financial assistance 
from the State loan fund. 
"(2) COST OF ADMINISTERING FUND.—^Each State may 
annually use up to 4 percent of the funds allotted to the 
State under this section to cover the reasonable costs of 
administration of the programs under this section, including 
the recovery of reasonable costs expended to establish a State 
loan fund which are incurred after the date of enactment of 
this section, and to provide technical assistance to public water 
systems within the State. For fiscal year 1995 and each fiscal 
year thereafter, each State may use up to an additionsd 10 
percent of the funds allotted to the State under this section— 
"(A) for public water system supervision programs 
under section 1443(a); 
"(B) to administer or provide technical assistsince 
through source water protection programs; 
"(C) to develop and implement a capacity development 
strategy under section 1420(c); and 
"(D) for an operator certification program for purposes 
of meeting the requirements of section 1419, 
if the State matches the expenditures with at least an equal 
amount of State funds. At least half of the match must be 
additional to the amount expended by the State for public 
water supervision in fiscal year 1993. An additional 2 percent 
of the funds annually allotted to each State under this section 
may be used by the State to provide technical assist£uice to 
public water systems serving 10,000 or fewer persons in the 
State. Funds utilized under subparagraph (B) shall not be 
used for enforcement actions. 
"(3) GUIDANCE AND REGULATIONS.—^The Administrator shall 
publish guidance and promulgate regulations as may be nec-
essary to carry out the provisions of this section, including— 
"(A) provisions to ensure that each State commits and 
emends funds allotted to the State under this section as 
efficiently as possible in accordance with this title and 
applicable State laws; 
"(B) guidance to prevent waste, fraud, and abuse; and 
"(C) guidance to avoid the use of funds made available 
under this section to finance the expansion of any public 
water system in anticipation of future population growth. 
The guidemce and regulations shall also ensure that the States, 
and public water systems receiving assistance under this sec-
tion, use accounting, audit, and fisced procedures that conform 
to generally accepted accounting standards. 
"(4) STATE REPORT.—Each State administering a loan fund 
and assist£ince program under this subsection shall publish 
and submit to the Administrator a report every 2 years on 
its activities under this section, including the findings of the 
most recent audit of the fund and the entire State allotment. 
The Administrator shall periodically audit all State loan funds 
established by, and all other amounts allotted to, the States 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1669 
pursuant to this section in accordance with procedures estab-
lished by the Comptroller General. 
"(h) NEEDS SURVEY.—^The Administrator shall conduct an Reports, 
assessment of water system capital improvement needs of all 
eligible public water systems in the United States and submit 
a report to the Congress containing the results of the assessment 
within 180 days after the date of enactment of the Safe Drinking 
Water Act Amendments of 1996 and every 4 years thereafter. 
"(i) INDIAN TRIBES.— 
"(1) IN GENERAL.—1^2 percent of the amounts appropriated 
annually to carry out this section may be used by the Adminis-
trator to make grants to Indian Tribes and Alaska Native 
villages that" have not otherwise received either grants from 
the Administrator under this section or assistance from State 
loan funds established under this section. The grants may 
only be used for expenditures by tribes and villages for public 
water system expenditures referred to in subsection (a)(2). 
"(2) USE OF FUNDS.—^Funds reserved pursuant to paragraph 
(1) shall be used to address the most significant threats to 
public health associated with public water systems that serve 
Indian Tribes, as determined by the Administrator in consulta-
tion with the Director of the Indian Health Service and Indian 
Tribes. 
"(3) ALASKA NATIVE VILLAGES.—In the case of a grant for 
a project under this subsection in an Alaska Native village, 
the Administrator is also authorized to make grants to the 
State of Alaska for the benefit of Native villages. An amount 
not to exceed 4 percent of the grant amount may be used 
by the State of Alaska for project management. 
"(4) NEEDS ASSESSMENT.—^The Administrator, in consulta-
tion with the Director of the Indian Health Service and Indian 
Tribes, shall, in accordance with a schedule that is consistent 
with the needs surveys conducted pursuant to subsection (h), 
prepare surveys and assess the needs of drinking water treat-
ment facilities to serve Indian Tribes, including an evaluation 
of the public water systems that pose the most significant 
threats to public health. 
"(j) OTHER AREAS.—Of the funds annually available under this 
section for grants to States, the Administrator shedl make allot-
ments in accordance with section 1443(a)(4) for the Virgin Islands, 
the Commonwealth of the Northern Mariana Islands, American 
Samoa, and Guam. The grants allotted as provided in this sub-
section may be provided by the Administrator to the governments 
of such areas, to public water systems in such areas, or to both, 
to be used for the public water system expenditures referred to 
in subsection (a)(2). The grants, and grants for the District of 
Columbia, shall not be deposited in State loan funds. The total 
allotment of grants under this section for all Eireas described in 
this subsection in any fiscal year shall not exceed 0.33 percent 
of the aggregate amount made available to carry out this section 
in that fiscal year. 
"(k) OTHER AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—^Notwithstanding subsection (a)(2), a 
State may take each of the following actions: 
"(A) Provide assistance, only in the form of a loan, 
to one or more of the following: 
110 STAT. 1670 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(i) Any public water system described in sub-
section (a)(2) to acquire land or a conservation ease-
ment from a willing seller or grantor, if the purpose 
of the acquisition is to protect the source water of 
the system from contamination and to ensure compli-
ance with national primary drinking water regulations, 
"(ii) Any community water system to implement 
loc£d, voluntary source water protection measures to 
protect source water in areas delineated pursuant to 
section 1453, in order to facilitate compliance with 
national primary drinking water regulations applicable 
to the system under section 1412 or otherwise signifi-
cantly further the health protection objectives of this 
title. Funds authorized under this clause may be used 
to fund only voluntary, incentive-based mecheinisms. 
"(iii) Any community water system to provide fund-
ing in accordance with section 1454(a)(l)(B)(i). 
"(B) Provide assistance, including technical and finan-
cial assistance, to any public water system as part of a 
capacity development strategy developed and implemented 
in accordguice with section 1420(c). 
"(C) Make expenditures from the capitalization grant 
of the State for fiscal years 1996 and 1997 to delineate 
and assess source water protection areas in accordance 
with section 1453, except that funds set aside for such 
expenditure shall be obligated within 4 fiscal years. 
"(D) Make expenditures from the fund for the establish-
ment and implementation of wellhead protection programs 
under section 1428. 
"(2) LIMITATION.—^For each fiscal year, the total amount 
of assistance provided and expenditures made by a State under 
this subsection may not exceed 15 percent of the amount of 
the capitalization grant received by the State for that year 
and may not exceed 10 percent of that amount for any one 
of the following activities: 
"(A) To acquire Ismd or conservation easements pursu-
ant to paragraph (IXAXi). 
"(B) To provide funding to implement voluntary, incen-
tive-based source water quality protection measures pursu-
ant to clauses (ii) and (iii) of paragraph (1)(A), 
"(C) To provide assistance through a capacity develop-
ment strategy pursuant to paragraph (1)(B). 
"(D) To make expenditures to delineate or assess source 
water protection areas pursuant to paragraph (1)(C). 
"(E) To make expenditures to establish and implement 
wellhead protection programs pursuant to paragraph 
(1)(D). 
"(3) STATUTORY CONSTRUCTION.—^Nothing in this section 
creates or conveys any new authority to a State, political sub-
division of a State, or community water system for any new 
regulatory measure, or limits any authority of a State, political 
subdivision of a State or community water system. 
"(1) SAVINGS.—^The failure or inability of any public water sys-
tem to receive funds under this section or any other loan or grant 
program, or any delay in obtaining the funds, shall not alter the 
obligation of the system to comply in a timely manner with all 
applicable drinking water standards and requirements of this title. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1671 
"(m) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out the purposes of this section 
$599,000,000 for the fiscal year 1994 and $1,000,000,000 for each 
of the fiscal years 1995 through 2003. To the extent amounts 
authorized to be appropriated under this subsection in any fiscal 
year are not appropriated in that fiscal year, such amounts are 
authorized to be appropriated in a subsequent fiscal year (prior 
to the fiscal year 2004). Such sums shall remain available until 
expended. 
"(n) HEALTH 
EFFECTS STUDIES.—^From funds 
appropriated 
pursuant to this section for each fiscal year, the Administrator 
shall reserve $10,000,000 for health effects studies on drinking 
water contaminants authorized by the Safe Drinking Water Act 
Amendments of 1996. In allocating funds made available under 
this subsection, the Administrator shall give priority to studies 
concerning the health effects of Cryptosporidium (as authorized 
by section 1458(c)), disinfection bjrproducts (as authorized by section 
1458(c)), and arsenic (as authorized by section 1412(b)(12)(A)), and 
the implementation of a plan for studies of subpopulations at 
greater risk of adverse effects (as authorized by section 1458(a)). 
"(o) MONITORING FOR UNREGULATED CONTAMINANTS.—From 
funds appropriated pursuant to this section for each fiscal year 
beginning with fiscal year 1998, the Administrator shall reserve 
$2,000,000 to pay the costs of monitoring for unregulated contami-
nants under section 1445(a)(2)(C). 
"(p) DEMONSTRATION PROJECT FOR STATE OF VIRGINIA.—^Not-
withstanding the other provisions of this section limiting the use 
of funds deposited in a State loan fund from any State allotment, 
the State of Virginia may, as a single demonstration and with 
the approval of the Virginia General Assembly and the Adminis-
trator, conduct a program to demonstrate alternative approaches 
to intergovernmental coordination to assist in the financing of new 
drinking water facilities in the following rural communities in 
southwestern Virginia where none exists on the date of enactment 
of the Safe Drinking Water Act Amendments of 1996 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, Vir-
ginia. The funds allotted to that State and deposited in the State 
loan fund may be loaned to a regional endowment fund for the 
purpose set forth in this subsection under a plan to be approved 
by the Administrator. The plan may include an advisory group 
that includes representatives of such counties. 
"(q) SMALL SYSTEM TECHNICAL ASSISTANCE.—^The Adminis-
trator may reserve up to 2 percent of the total funds appropriated 
pursuant to subsection (m) for each of the fiscal years 1997 through 
2003 to carry out the provisions of section 1442(e) (relating to 
technical assistance for small systems), except that the total amount 
of funds made available for such purpose in any fiscal year through 
appropriations (as authorized by section 1442(e)) and reservations 
made pursuant to this subsection shall not exceed the amount 
authorized by section 1442(e). 
"(r) EVALUATION.—^The Administrator shall conduct an evalua-
tion of the effectiveness of the State loan funds through fiscal 
year 2001. The evaluation shall be submitted to the Congress at 
the same time as the President submits to the Congress, pursuant 
to section 1108 of title 31, United States Code, an appropriations 
110 STAT. 1672 
PUBLIC LAW 104-182—AUG. 6, 1996 
request for fiscal year 2003 relating to the budget of the Environ-
mental Protection Agency.". 
SEC. 131. STATE GROUND WATER PROTECTION GRANTS. 
Part C (42 U.S.C. 300h et seq.) is amended by adding at 
the end the following: 
"STATE GROUND WATER PROTECTION GRANTS 
Publication. 
"SEC. 1429. (a) IN GENERAL.—^The Administrator may make 
^m'r^?f!nv,_« 
^ grant to a State for the development and implementation of 
42 use 300h-8. 
^ State program to ensure the coordinated and comprehensive 
protection of ground water resources within the State. 
"(b) GUIDANCE.—^Not later than 1 year after the date of enact-
ment of the Safe Drinking Water Act Amendments of 1996, and 
annually thereafter, the Administrator shall publish guidance that 
establishes procedures for application for State ground water protec-
tion program assistance and that identifies key elements of State 
ground water protection programs. 
"(c) CONDITIONS OF GRANTS.— 
"(1) IN GENERAL.—^The Administrator shall award grants 
to States that submit an application that is approved by the 
Administrator. The Administrator shall determine the amount 
of a grant awarded pursuant to this paragraph on the basis 
of £in assessment of the extent of ground water resources in 
the State and the likelihood that awarding the grant will result 
in sustained and reliable protection of ground water quEility. 
"(2) INNOVATIVE 
PROGRAM GRANTS.—^The Administrator 
may also award a grant pursuant to this subsection for innova-
tive programs proposed by a State for the prevention of ground 
water contamination. 
"(3) ALLOCATION OF FUNDS.—^The Administrator shall, at 
a minimum, ensure that, for each fiscal year, not less than 
1 percent of funds made available to the Administrator by 
appropriations to carry out this section are allocated to each 
State that submits an application that is approved by the 
Administrator pursuant to this section. 
"(4) LIMITATION ON GRANTS.—No grant awarded by the 
Administrator may be used for a project to remediate ground 
water contamination. 
"(d) AMOUNT OF GRANTS.—^The amount of a grant awarded 
pursuant to paragraph (1) shall not exceed 50 percent of the eligible 
costs of carrying out the ground water protection program that 
is the subject of the grant (as determined by the Administrator) 
for the 1-year period beginning on the date that the grant is 
awarded. The State shall pay a State share to cover the costs 
of the ground water protection progrsim from State funds in an 
amount that is not less than 50 percent of the cost of conducting 
the program. 
"(e) EVALUATIONS AND REPORTS.—Not later than 3 years after 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996, and every 3 years thereafter, the Administrator shall 
evaluate the State ground water protection programs that are the 
subject of grants awarded pursuant to this section and report to 
the Congress on the status of ground water quality in the United 
States and the effectiveness of State programs for ground water 
protection. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1673 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $15,000,000 for each 
of fiscal years 1997 through 2003.". 
SEC. 132. SOURCE WATER ASSESSMENT. 
(a) IN GENERAL.—Part E (42 U.S.C. 300j et seq.) is amended 
by adding at the end the following: 
"SOURCE WATER QUALITY ASSESSMENT 
"SEC. 1453. (a) SOURCE WATER ASSESSMENT.— 
42 use 300j-i3. 
"(1) GUIDANCE.—^Within 12 months after the date of enact- Publication, 
ment of the Safe Drinking Water Act Amendments of 1996, 
after notice and comment, the Administrator shall publish guid-
ance for States exercising primary enforcement responsibility 
for public water systems to carry out directly or through delega-
tion (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. Each State 
adopting modiflcations to monitoring requirements pursuant 
to section 1418(b) shall, prior to adopting such modifications, 
have an approved source water assessment program under 
this section and shall carry out the program either directly 
or through delegation. 
"(2) PROGRAM REQUIREMENTS.—A source water assessment 
program under this subsection shall— 
"(A) delineate the boundaries of the assessment 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, recnarge, and discharge and any other 
reliable information as the State deems necessary to ade-
quately determine such areas; and 
"(B) identify for contaminsmts regulated under this 
title for which monitoring is required under this title (or 
any unregulated contsmiinants selected by the State, in 
its discretion, which the State, for the purposes of this 
subsection, has determined may present a 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 
MONITORING 
RELIEF.—A State source water assessment program under this 
subsection shall be submitted to the Administrator within 18 
months after the Administrator's guidance is issued under this 
subsection and shall be deemed approved 9 months after the 
date of such submittal unless the Administrator disapproves 
the program as provided in section 1428(c). States shall begin 
implementation of the program immediately after its approval. 
The Administrator'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 program. Public water systems seeking 
monitoring relief in addition to the interim relief provided 
under section 1418(a) shall be eligible for monitoring relief, 
consistent with section 1418(b), upon completion of the assess-
110 STAT. 1674 
PUBLIC LAW 104-182—AUG. 6, 1996 
ment in the delineated source water assessment area or areas 
concerned. 
"(4) TIMETABLE.—^The timetable referred to in paragraph 
(3) shall take into consideration the availability to the State 
of funds under section 1452 (relating to State loan 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. 
"(5) DEMONSTRATION PROJECT.—^The Administrator shall, 
as soon as practicable, conduct a demonstration project, in 
consultation with other Federal agencies, to demonstrate the 
most effective and protective means of assessing and protecting 
source waters serving large metropolitan areas and located 
on Federal lands. 
"(6) USE OF OTHER PROGRAMS.—TO avoid duplication and 
to encourage efficiency, the program under this section may 
make use of any of the following: 
"(A) Vulnerability assessments, sanitary surveys, and 
monitoring programs. 
"(B) Delineations or assessments of ground water 
sources under a State wellhead protection program devel-
oped pursuant to this section. 
"(C) Delineations or assessments of surface or ground 
water sources under a State pesticide management plan 
developed pursuant to the Pesticide and Ground Water 
State Management Plan Regulation (subparts I and J of 
part 152 of title 40, Code of Federal Regulations), promul-
gated under section 3(d) of the Federad Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136a(d)). 
"(D) Delineations or assessments of surface water 
sources under a State watershed initiative or to satisfy 
the watershed criterion for determining if filtration is 
required under the Surface Water Treatment Rule (section 
141.70 of title 40, Code of Federal Regulations). 
"(E) Delineations or assessments of surface or ground 
water sources under programs or plans pursuant to the 
Federal Water Pollution Control Act. 
"(7) PUBLIC AVAILABILITY.—^The State shall make the 
results of the source water assessments conducted under this 
subsection avEiilable to the public. 
"(b) APPROVAL AND DISAPPROVAL.—^For provisions relating to 
program approval and disapproval, see section 1428(c).". 
(b) APPROVAL AND DISAPPROVAL OF STATE PROGRAMS.—Section 
1428 (42 U.S.C. 300h-7) 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 public water systems as required by subsection (a) 
or a State program under section 1453 or section 1418(b) does 
not meet the applicable requirements of section 1453 or section 
1418(b), the Administrator 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 section 1453 
or section 1418(b) shall be deemed to meet the applicable 
requirements of section 1453 or section 1418(b) unless the 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1675 
Administrator determines within 9 months of the receipt 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 sub-
section (c)(2), strike "is inadequate" and insert "is disapproved". 
(4) In subsection (b), add the following before the period 
at the end of the first sentence: "and source water assessment 
programs under section 1453". 
SEC. 133. SOURCE WATER PETITION PROGRAM. 
(a) IN GENERAL.—Part E (42 U.S.C. 300j et seq.) is amended 
by adding at the end the following: 
"SOURCE WATER PETITION PROGRAM 
"SEC. 1454. (a) PETITION PROGRAM.— 
42 use 300J-14. 
"(1) IN GENERAL.— 
"(A) ESTABLISHMENT.^A State may establish a pro-
gram under which an owner or operator of a community 
water system in the State, or a municipal or local govern-
ment or political subdivision of a State, may submit a 
source water quality protection partnership petition to the 
State requesting that the State assist in the local develop-
ment of a voluntary, incentive-based pgirtnership, among 
the owner, operator, or government and other persons likely 
to be affected by the recommendations of the partnership, 
to— 
"(i) reduce the presence in drinking water of 
contaminants that may be addressed by a petition 
by considering the origins of the contaminants, includ-
ing to the maximum extent practicable the specific 
activities that affect the drinking water supply of a 
community; 
"(ii) obtain financial or technical assistance nec-
essary to facilitate establishment of a partnership, or 
to develop and implement recommendations of a part-
nership for the protection of source water to assist 
in the provision of drinking water that complies with 
nationsd primary drinking water regulations with 
respect to contaminants addressed by a petition; and 
"(iii) develop recommendations 
regarding vol-
untary and incentive-based strategies for the long-term 
protection of the source water of community water 
systems. 
"(B) FUNDING.—Each State may— 
"(i) use funds set aside pursuant to section 
1452(k)(l)(A)(iii) by the State to carry out a program 
described in subparagraph (A), including assistance 
to voluntary locsd partnerships for the development 
and implementation of partnership recommendations 
for the protection of source water such as source water 
quality assessment, contingency plans, and demonstra-
tion projects for partners within a source water area 
delineated under section 1453(a); and 
"(ii) provide assistance in response to a petition 
submitted under this subsection using funds referred 
to in subsection (b)(2)(B). 
110 STAT. 1676 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(2) OBJECTIVES.—^The objectives of a petition submitted 
under this subsection shall be to— 
"(A) facilitate the local development of voluntary, incen-
tive-based partnerships among owners and operators of 
community water systems, governments, and other persons 
in source water areas; £ind 
"(B) obtain assistance from the State in identifying 
resources which are available to implement the rec-
ommendations of the partnerships to address the origins 
of drinking water contaminants that may be addressed 
by a petition (including to the maximum extent practicable 
the specific activities contributing to the presence of the 
contaminants) that £iffect the drinking water supply of 
a community. 
"(3) CONTAMINANTS ADDRESSED BY A PETITION.—A petition 
submitted to a State under this subsection may address only 
those contaminants— 
"(A) that are pathogenic organisms for which a national 
primary drinking water regulation has been established 
or is required under section 1412; or 
"(B) for which a national primary drinking water regu-
lation has been promulgated or proposed and that are 
detected by adequate monitoring methods in the source 
water at the inteike structure or in any collection, treat-
ment, storage, or distribution facilities by the community 
water systems at levels— 
"(i) above the maximum contaminant level; or 
"(ii) that are not reliably and consistently below 
the maximum contaminant level. 
"(4) CONTENTS.—A petition submitted under this subsection 
shall, at a minimum— 
"(A) include a delineation of the source water area 
in the State that is the subject of the petition; 
"(B) identify, to the maximum extent practicable, the 
origins of the drinking water contaminants that may be 
addressed by a petition (including to the maximum extent 
practicable the specific activities contributing to the pres-
ence of the contaminants) in the source water area delin-
eated under section 1453; 
"(C) identify any deficiencies in information that will 
impair the development of recommendations by the vol-
untary 
local p£irtnership to address drinking 
water 
contaminants that may be addressed by a petition; 
"(D) specify the efforts made to establish the voluntary 
locgJ partnership and obtain the participation of— 
"(i) the municipal or local government or other 
political subdivision of the State with jurisdiction over 
the source water area delineated under section 1453; 
and 
"(ii) each person in the source water area delin-
eated under section 1453— 
"(I) who is likely to be affected by rec-
ommendations of the voluntary local partnership; 
and 
"(II) whose participation is essential to the 
success of the partnership; 
'^•?^J' 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1677 
"(E) outline how the voluntary IOCEQ partnership has 
or will, during development and implementation of rec-
ommendations of the voluntEiry local partnership, identify, 
recognize and take into account any voluntary or other 
activities already being undertaken by persons in the 
source water area delineated under section 1453 under 
Federal or State law to reduce the likelihood that contami-
nants will occur in drinking water at levels of public health 
concern; and 
"(F) specify the technical, financial, or other assistance 
that the voluntary local partnership requests of the State 
to develop the partnership or to implement recommenda-
tions of the partnership. 
"(b) APPROVAL OR DISAPPROVAL OF PETITIONS.— 
"(1) IN GENERAL.—After providing notice and an oppor-
tunity for public comment on a petition submitted under sub-
section (a), the State shall approve or disapprove the petition, 
in whole or in part, not later than 120 days after the date 
of submission of the petition. 
"(2) APPROVAL.—The State may approve a petition if the 
petition meets the requirements established under subsection 
(a). TTie notice of approval shall, at a minimum, include for 
informational purposes— 
"(A) an identification of technical, financial, or other 
assistance that the State will provide to assist in addressing 
the drinking water contaminants that may be addressed 
by a petition based on— 
"(i) the relative priority of the public health con-
cern identified in the petition with respect to the other 
water quality needs identified by the State; 
"(ii) any necessary coordination that the State will 
perform of the program established under this section 
with programs implemented or planned by other States 
under this section; and 
"(iii) funds available (including funds available 
from a State revolving loan fund established under 
title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.)) or section 1452; 
"(B) a description of technical or financial assistance 
pursuant to Federal and State programs that is available 
to assist in implementing recommendations of the partner-
ship in the petition, including— 
"(i) any program established under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.); 
"(ii) the program established under section 6217 
of the Coastal Zone Act Reauthorization Amendments 
of 1990 (16 U.S.C. 1455b); 
"(iii) the agricultural water quality protection pro-
gram established under chapter 2 of subtitle D of title 
XII of the Food Security Act of 1985 (16 U.S.C. 3838 
et seq.); 
"(iv) the sole source aquifer protection program 
established under section 1427; 
"(v) the community wellhead protection program 
established under section 1428; 
"(vi) any pesticide or ground water management 
plan; 
110 STAT. 1678 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(vii) any voluntary agricultural resource manage-
ment plein or voluntary whole farm or whole ranch 
management plan developed and implemented under 
a process established by the Secretary of Agriculture; 
and 
"(viii) any abandoned well closure program; and 
"(C) a description of activities that will be undertaken 
to coordinate Federal and State programs to respond to 
the petition. 
Notification. 
"(3) DISAPPROVAL.—If the State disapproves a petition 
submitted under subsection (a), the State shall notify the entity 
submitting the petition in writing of the reasons for disapproval. 
A petition may be resubmitted at any time if— 
"(A) new information becomes available; 
"(B) conditions affecting the source water that is the 
subject of the petition change; or 
"(C) modifications are made in the tj^e of assistance 
being requested. 
"(c) GRANTS TO SUPPORT STATE PROGRAMS.— 
"(1) IN GENERAL.—The Administrator may make a grant 
to each State that establishes a program under this section 
that is approved under paragraph (2). The aiyiount of each 
grant shall not exceed 50 percent of the cost of administering 
the program for the year in which the grant is available. 
"(2) APPROVAL.—In order to receive grant assistance under 
this subsection, a State shall submit to the Administrator for 
approval a plan for a source water quality protection partner-
ship program that is consistent with the guidance published 
under subsection (d). The Administrator shall approve the plan 
if the plan is consistent with the guidance published under 
subsection (d). 
"(d) GUIDANCE.— 
Publication. 
"(1) IN GENERAL.—^Not later than 1 year sifter the date 
of enactment of this section, the Administrator, in consultation 
with the States, shall publish guidance to assist— 
"(A) States in the development of a source water quality 
protection partnership program; and 
"(B) municipal or local governments or political subdivi-
sions of a State and community water systems in the 
development of source water quality protection partner-
ships and in the assessment of source water quality. 
"(2) CONTENTS OF THE GUIDANCE.—^The guidance shall, at 
a minimum— 
"(A) recommend procedures for the approval or dis-
approval by a State of a petition submitted under sub-
section (a); 
"(B) recommend procedures for the submission of peti" 
tions developed under subsection (a); 
"(C) recommend criteria for the assessment of source 
water areas within a State; and 
"(D) describe technical or financial assistance pursuant 
to Federal and State programs that is available to address 
the contamination of sources of drinking water and to 
develop and respond to petitions submitted under sub-
section (a). 
"(e) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this section $5,000,000 for each 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1679 
of the fiscal years 1997 through 2003. Each State with a plan 
for a program approved under subsection (b) shall receive an equi-
table portion of the funds available for any fiscal year. 
"(f) STATUTORY CONSTRUCTION.—Nothing in this section— 
"(1)(A) creates or conveys new authority to a State, political 
subdivision of a State, or community water system for any 
new regulatory measure; or 
"(B) limits any authority of a State, political subdivision, 
or community water system; or 
"(2) precludes a community water system, municipal or 
local government, or political subdivision of a government from 
locally developing and carrying out a voluntary, incentive-
based, source water quality protection partnership to address 
the origins of drinking water contaminants of public health 
concern.". 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that each State in establishing priorities under section 606(c)(1) 
of the Federal Water Pollution Control Act should give special 
consideration to projects that are eligible for funding under that 
Act and have been recommended pursuant to a petition submitted 
under section 1454 of the Safe Drinking Water Act. 
SEC. 134. WATER CONSERVATION PLAN. 
Part E (42 U.S.C. 300j et seq.) is amended by adding at the 
end the following: 
"WATER CONSERVATION PLAN 
"SEC. 1455. (a) GUIDELINES.—^Not later than 2 years after the Federal Register, 
date of enactment of the Safe Drinking Water Act Amendments P^^1^H**°°-. 
of 1996, the Administrator shall publish in the Federal Register 42 use 300j-i5. 
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 factors 
as water availability and climate. 
"(b) 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 loan fund under section 1452, to submit with its 
application for such loan or grant a water conservation plan consist-
ent with such guidelines.". 
SEC. 135. DRINKING WATER ASSISTANCE TO COLONIAS. 
Part E (42 U.S.C. 300j et seq.) is amended by adding the 
following new section at the end thereof: 
"ASSISTANCE TO COLONIAS 
"SEC. 1456. (a) DEFINITIONS.—As used in this section: 
42 use 300j-i6. 
"(1) 
BORDER 
STATE.—^The term TDorder State' means 
Arizona, California, New Mexico, and Texas. 
"(2) ELIGIBLE COMMUNITY.—The term 'eligible community' 
means a low-income community with economic hardship that— 
"(A) is commonly referred to as a colonia; 
"(B) is located along the United States-Mexico border 
(generally in an unincorporated area); and 
110 STAT. 1680 
PUBLIC LAW 104-182—AUG. 6, 1996 
42 use 300J-17. 
42 use 300tj-18. 
"(C) lacks a safe drinking water supply or adequate 
facilities for the provision of safe drinking water for human 
consumption. 
"(b) GRANTS TO ALLEVIATE HEALTH RISKS.—^The Administrator 
of the Environmental Protection Agency and the heads of other 
appropriate Federal agencies are authorized to award grants to 
a border State to provide assistance to eligible communities to 
facilitate compliance with national primary drinking water regula-
tions or otherwise significantly further the health protection objec-
tives of this title. 
"(c) USE OF FUNDS.—^Each grant awarded pursuant to sub-
section (b) shall be used to provide assistance to one or more 
eligible communities with respect to which the residents are subject 
to a significant health risk (as determined by the Administrator 
or the head of the Federal agency making the grant) attributable 
to the lack of access to an adequate and affordable drinking water 
supply system. 
"(d) COST SHARING.—^The amount of a grgint awarded pursuant 
to this section shall not exceed 50 percent of the costs of carrying 
out the project that is the subject of the grant. 
"(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $25,000,000 for each 
of the fiscal years 1997 through 1999.". 
SEC. 136. ESTROGENIC SUBSTANCES SCREENING PROGRAM. 
Part E (42 U.S.C. 300j et seq.) is amended by adding at the 
end the following: 
"ESTROGENIC SUBSTANCES SCREENING PROGRAM 
"SEC 1457. In addition to the substances referred to in section 
408(p)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
346a(p)(3)(B)) the Administrator may provide for testing under the 
screening program authorized by section 408(p) of such Act, in 
accordance with the provisions of section 408(p) of such Act, of 
any other substance that may be found in sources of drinking 
water if the Administrator determines that a substantial population 
may be exposed to such substance.". 
SEC. 137. DRINKING WATER STUDIES. 
Part E (42 U.S.C. 300j et seq.) is amended by adding afler 
section 1457 the following: 
"DRINKING WATER STUDIES 
"SEC. 1458. (a) SUBPOPULATIONS AT GREATER RISK.— 
"(1) IN GENERAL.—^The Administrator shall conduct a 
continuing program of studies to identify groups within the 
general population that may be at greater risk than the general 
population of adverse health effects from exposure to contami-
nants in drinking water. The study shall examine whether 
and to what degree infants, children, pregnant women, the 
elderly, individuals with a history of serious illness, or other 
subpopulations that can be identified and characterized are 
likely to experience elevated health risks, including risks of 
cancer, from contaminants in drinking water. 
"(2) REPORT.—^Not later than 4 years after the date of 
enactment of this subsection and periodically thereafter as new 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1681 
and significant information becomes available, the Adminis-
trator shall report to the Congress on the results of the studies. 
"(b) BIOLOGICAL MECHANISMS.—The Administrator shall con-
duct biomedical studies to— 
"(1) understand the mechanisms by which chemical 
contaminants are absorbed, distributed, metabolized, and elimi-
nated from the human body, so as to develop more accurate 
physiologically based models of the phenomena; 
"(2) understand the effects of contaminants and the mecha-
nisms by which the contaminants cause adverse effects (espe-
cially noncancer and infectious effects) and the variations in 
the effects among humans, especially subpopulations at greater 
risk of adverse effects, and between test animals and humans; 
and 
"(3) develop new approaches to the study of complex mix-
tures, such as mixtures found in drinking water, especially 
to determine the prospects for sjmergistic or antagonistic inter-
actions that may affect the shape of the dose-response relation-
ship of the individual chemicals and microbes, and to examine 
noncancer endpoints and infectious diseases, and susceptible 
individuals and subpopulations. 
"(c) STUDIES ON HARMFUL SUBSTANCES IN DRINKING WATER.— 
"(1) DEVELOPMENT OF STUDIES.—^The Administrator shall, 
not later than 180 days after the date of enactment of this 
section and after consultation with the Secretary of Health 
and Human Services, the Secretary of Agriculture, and, as 
appropriate, the heads of other Federal agencies, conduct the 
studies described in paragraph (2) to support the development 
£ind implementation of the most current version of each of 
the following: 
"(A) Enhanced Surface Water Treatment Rule (59 Fed. 
Reg. 38832 (July 29, 1994)). 
"(B) Disinfectant and Disinfection Bjrproducts Rule (59 
Fed. Reg. 38668 (July 29, 1994)). 
"(C) Ground Water Disinfection Rule (availability of 
draft summary announced at (57 Fed. Reg. 33960; July 
31, 1992)). 
"(2) CONTENTS OF STUDIES.—^The studies required by para-
graph (1) shall include, at a minimum, each of the following: 
"(A) 
Toxicological 
studies 
and, if 
warrsuited, 
epidemiological studies to determine what levels of expo-
sure from disinfectants and disinfection b3T)roducts, if any, 
may be associated with developmental and birth defects 
and other potential toxic end points. 
"(B) 
Toxicological 
studies 
and, if 
warranted, 
epidemiological studies to quantify the carcinogenic poten-
tial from exposure to disinfection byproducts resulting from 
different disinfectants. 
"(C) The development of dose-response curves for 
pathogens, including Cryptosporidium and the Norwalk 
virus. 
"(3) 
AUTHORIZATION 
OF APPROPRIATIONS.—There 
are 
authorized to be appropriated to carry out this subsection 
$12,500,000 for each of fiscal years 1997 through 2003. 
"(d) WATERBORNE DISEASE OCCURRENCE STUDY.— 
"(1) SYSTEM.—^The Director of the Centers for Disease Con-
trol and Prevention, and the Administrator shall jointly— 
110 STAT. 1682 
PUBLIC LAW 104-182—AUG. 6, 1996 
"(A) within 2 years after the date of enactment of 
this section, conduct pilot waterbome disease occurrence 
studies for at least 5 major United States communities 
or public water systems; and 
Reports. 
"(B) within 5 years after the date of enactment of 
this section, prepare a report on the findings of the pilot 
studies, and a national estimate of waterbome disease 
occurrence. 
"(2) TRAINING AND EDUCATION.—^The Director and Adminis-
trator shall jointly establish a nationsd health care provider 
training and public education campaign to inform both the 
professional health care provider community and the general 
public about waterbome disease and the sjmaptoms that may 
be caused by infectious agents, including microbial contami-
nants. In developing such a campaign, they shall seek comment 
from interested groups and individuals, including scientists, 
physicians, State and local governments, environmental groups, 
public water systems, and vulnerable populations. 
"(3) FUNDING.—^There are authorized to be appropriated 
for each of the fiscal years 1997 through 2001, $3,000,000 
to carry out this subsection. To the extent funds under this 
subsection are not fully appropriated, the Administrator may 
use not more than $2,000,000 of the funds from amounts 
reserved under section 1452(n) for health effects studies for 
purposes of this subsection. The Administrator may transfer 
a portion of such funds to the Centers for Disease Control 
and Prevention for such purposes.". 
TITLE II—DRINKING WATER RESEARCH 
SEC. 201. DRINKING WATER RESEARCH AUTHORIZATION. 
Other than amounts authorized to be appropriated to the 
Administrator of the Environmental Protection Agency under other 
titles of this Act, there are authorized to be appropriated such 
additionsd sums as may be necessary for drinking water research 
for fiscal years 1997 through 2003. The annual total of such addi-
tional sums authorized to be appropriated under this section shedl 
not exceed $26,593,000. 
42 use 300J-1 
SEC. 202. SCIENTIFIC RESEARCH REVIEW. 
™*®" 
(a) IN GENERAL.—The Administrator shall— 
(1) develop a strategic plan for drinking water research 
activities throughout the Environmental Protection Agency (in 
this section referred to as the "Agency^'); 
(2) integrate that strategic plan into ongoing Agency plan-
ning activities; and 
(3) review all Agency drinking water research to ensure 
the research— 
(A) is of high quality; and 
(B) does not duplicate Einy other research being con-
ducted by the Agency. 
Public 
(b) PLAN.—^The Administrator shall transmit the plan to the 
information. 
Committees on Commerce and Science of the House of Representa-
tives and the Committee on Environment and Public Works of 
the Senate and the plan shall be made available to the public. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1683 
SEC. 203. NATIONAL CENTER FOR GROUND WATER RESEARCH. 
42 USC 300J-1 
The Administrator of the Environmental Protection Agency, 
acting through the Robert S. Kerr Environmental Research Labora-
tory, is authorized to reestablish a partnership between the Labora-
tory Eind the NationeJ Center for Ground Water Research, a univer-
sity consortium, to conduct research, training, and technology trans-
fer for ground water qusJity protection and restoration. No funds 
are authorized by this section, 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. WATER RETURN FLOWS. 
Section 3013 of Public Law 102-486 (42 U.S.C. 13551) is 
repealed. 
SEC. 302. TRANSFER OF FUNDS. 
42 USC 300J-12 
(a) IN GENERAL.—^Notwithstanding any other provision of law, 
at any time after the date 1 year after a State establishes a 
State loan fund pursuant to section 1452 of the Safe Drinking 
Water Act but prior to fiscal year 2002, a Governor of the State 
may— 
(1) reserve up to 33 percent of a capitalization grant made 
pursuant to such section 1452 and add the funds reserved 
to any funds provided to the State pursuant to section 601 
of the Federal Water Pollution Control Act (33 U.S.C. 1381); 
and 
(2) reserve in any year a dollar amount up to the dollar 
amount that may be reserved under paragraph (1) for that 
year from capiteilization grants made pursuant to section 601 
of such Act (33 U.S.C. 1381) and add the reserved funds to 
any funds provided to the State pursuant to section 1452 of 
the Safe Drinking Water Act. 
(b) REPORT.—^Not later than 4 years after the date of enactment 
of this Act, the Administrator shall submit a report to the Congress 
regarding the implementation of this section, together with the 
Administrator's recommendations, if any, for modifications or 
improvement. 
(c) STATE MATCH.—^Funds reserved pursuant to this section 
shall not be considered to be a State match of a capitalization 
grant required pursuant to section 1452 of the Safe Drinking Water 
Act or the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.). 
SEC. 303. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL 33 USC 1263a. 
AND NATIVE VILLAGES. 
(a) IN GENERAL.—^The Administrator of the Environmental 
Protection Agency may make grants to the State of Alaska for 
the benefit of rural and Native villages in Alaska to pay the Federal 
share of the cost of— 
(1) the development and construction of public water sys-
tems and wastewater systems to improve the health and sanita-
tion conditions in the villages; and 
(2) training, technical assistance, and educationsJ programs 
relating to the operation and management of sanitation services 
in rural and Native villages. 
110 STAT. 1684 
PUBLIC LAW 104-182—AUG. 6, 1996 
Effective date. 
(b) FEDERAL SHARE.—^The Federal share of the cost of the 
activities described in subsection (a) shall be 50 percent. 
(c) ADMINISTRATIVE EXPENSES.—^The State of Alaska may use 
an amount not to exceed 4 percent of any grant made available 
under this subsection for administrative expenses necessary to carry 
out the activities described in subsection (a). 
(d) CONSULTATION WITH THE STATE OF ALASKA.—^The Adminis-
trator shall consult with the State of Alaska on a method of 
prioritizing the allocation of grants under subsection (a) according 
to the needs of, and relative health and sanitation conditions in, 
each eligible village. 
(e) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated $15,000,000 for each of the fiscal years 1997 
through 2000 to carry out this section. 
SEC. 304. SENSE OF THE CONGRESS. 
It is the sense of the Congress that appropriations for grants 
under section 128 (relating to New York City watershed), section 
135 (relating to colonias), and section 307 (relating to Alaska Native 
villages) should not be provided if such appropriations would pre-
vent the adequate capitalization of State revolving loan funds. 
SEC. 305. BOTTLED DRINKING WATER STANDARDS. 
Section 410 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 349) is amended as follows: 
(1) By striking "Whenever" and inserting "(a) Except as 
provided in subsection (b), whenever". 
(2) By adding at the end the following new subsection: 
"(b)(1) Not later than 180 days before the effective date of 
a national primary drinking water regulation promulgated by the 
Administrator of the Environmental Protection Agency for a 
contaminant under section 1412 of the Safe Drinking Water Act 
(42 U.S.C. 300g-l), the Secretary shall promulgate a standard 
of quality regulation under this subsection for that contaminant 
in bottled water or make a finding that such a regulation is not 
necessary to protect the public 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. 300fl4))) but not in water 
used for bottled drinking water. The effective date for any such 
standard of quality regulation shall be the same as the effective 
date for such national primary drinking water regulation, except 
for any standard of quality of regulation promulgated by the Sec-
retary before the date of enactment of the Safe Drinking Water 
Act Amendments of 1996 for which (as of such date of enactment) 
an effective date had not been established. In the case of a standard 
of quality regulation to which such exception applies, the Secretary 
shall promulgate monitoring requirements for the contaminants 
covered by the regulation not later than 2 years after such date 
of enactment. 
"(2) A regulation issued by the Secretary as provided in this 
subsection shall include any monitoring requirements that the Sec-
retary determines appropriate for bottled water. 
"(3) A regulation issued by the Secretary as provided in this 
subsection shall require the following: 
"(A) In the case of contaminants for which a maximum 
contaminant level is established in a national primary drinking 
water regulation under section 1412 of the Safe Drinlang Water 
Act (42 U.S.C. 300g-l), the regulation under this subsection 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1685 
shall establish a maximum contaminant level for the contami-
nant in bottled water which is no less stringent than the 
maximum contaminant level provided in the national primary 
drinking water regulation. 
"(B) In the case of contaminants for which a treatment 
technique is established in a national primary drinking water 
regulation under section 1412 of the Safe Drinking Water Act 
(42 U.S.C. 300g-l), the regulation under this subsection shall 
require that bottled water be subject to requirements no less 
protective of the public health than those applicable to water 
provided by public water systems using the treatment technique 
required by the national primary drinking water regulation. 
"(4)(A) If the Secretary does not promulgate a regulation under 
this subsection within the period described in paragraph (1), the 
national primary drinking water regulation referred to in paragraph 
(1) shall be considered, as of the date on which the Secretary 
is required to establish a regulation under paragraph (1), as the 
regulation applicable under this subsection to bottled water. 
"(B) In the case of a national primary drinking water regulation 
that pursuant to subparagraph (A) is considered to be a standard 
of quality regulation, the Secretgiry shall, not later than the 
applicable date referred to in such subparagraph, publish in the 
Federal Register a notice— 
"(i) specifying the contents of such regulation, including 
monitoring requirements; and 
"(ii) providing that for purposes of this paragraph the effec-
tive date for such regulation is the same as the effective date 
for the regulation for purposes of the Safe Drinking Water 
Act (or, if the exception under paragraph (1) applies to the 
regulation, that the effective date for the regulation is not 
later than 2 years and 180 days after the date of enactment 
of the Safe Drinking Water Act Amendments of 1996).". 
SEC. 306. WASHINGTON AQUEDUCT. 
(a) DEFINITIONS.—In this section: 
(1) NON-FEDERAL PUBLIC WATER SUPPLY CUSTOMER.—^The 
terms "non-Federal public water supply customer" and "cus-
tomer" mean— 
(A) the District of Columbia; 
(B) Arlington County, Virginia; and 
(C) the city of Falls Church, Virginia. 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of the Army, acting through the Chief of Engineers. 
(3) VALUE TO THE GOVERNMENT.—^The term "value to the 
Grovemment" means the net present value of a contract entered 
into under subsection (e)(2), calculated in accordance with sub-
paragraphs (A) and (B) of section 502(5) of the Congressional 
Budget Act of 1974 (2 U.S.C. 661a(5)), other than section 
502(5)(B)(I) of the Act, as though the contract provided for 
repajmient of a direct loan to a customer. 
(4) WASHINGTON AQUEDUCT.—The term "Washington Aque-
duct" means the Washington Aqueduct facilities and related 
facilities owned by the Federal Government as of the date 
of enactment of this Act, including— 
(A) the dams, intake works, conduits, and pump sta-
tions that capture and trsinsport raw water from the Poto-
mac River to the DalecarUa Reservoir; 
Federal Register, 
publication. 
Effective date. 
District of 
Columbia. 
Virginia. 
40 use 45 note. 
110 STAT. 1686 
PUBLIC LAW 104-182—AUG. 6, 1996 
(B) the infrastructure and appurtenances used to treat 
water taken from the Potomac River to potable standards; 
and 
(C) related water distribution facilities. 
(b) REGIONAL ENTITY.— 
(1) IN GENERAL.—^The Congress encourages and grants con-
sent to the customers to establish a non-Federal public or 
private entity, or to enter into an agreement with an existing 
non-Federal public or private entity, to— 
(A) receive title to the Washington Aqueduct; and 
(B) operate, maintain, and manage the Washington 
Aqueduct in a manner that adequately represents all 
interests of its customers. 
(2) CONSIDERATION.—If an entity receiving title to the 
Washington Aqueduct is not composed entirely of non-Federal 
public water supply customers, the entity shall consider the 
customers' historical provision of equity for the Aqueduct. 
(3) PRIORITY ACCESS.—^The customers shall have priority 
access to any water produced by the Washington Aqueduct. 
(4) CONSENT OF THE CONGRESS.—^The Congress grants con-
sent to the customers to enter into any interstate agreement 
or compact required to carry out this section. 
(5) STATUTORY CONSTRUCTION.—^This section shall not pre-
clude the customers from pursuing any option regarding owner-
ship, operation, maintenance, and management of the Washing-
ton Aqueduct. 
(c) PROGRESS REPORT AND PLAN.—^Not later than 1 year after 
the date of enactment of this Act, the Secretary shall report to 
the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives on any progress in achieving the objectives 
of subsection (b)(1) and shall submit a plan for the transfer of 
ownership, operation, maintenance, and management 
of the 
Washington Aqueduct to a non-Federal public or private entity. 
Such plan shall include a detailed consideration of any proposal 
to transfer such ownership, maintenance, or management to a pri-
vate entity. 
(d) TRANSFER.— 
(1) IN GENERAL.—Subject to subsection (b)(2), the other 
provisions of this subsection, and any other terms and condi-
tions the Secretary considers appropriate to protect the 
interests of the United States, the Secretary shall, not later 
than 3 years after the date of enactment of this Act and 
with the consent of a majority of the customers and without 
consideration to the Federal Government, transfer all right, 
title, £ind interest of the United States in the Washington 
Aqueduct, and its real property, facilities, and personalty, to 
a non-Federal, public or private entity. Approval of such trans-
fer shall not be unreasonably withheld by the Secretary. 
(2) ADEQUATE CAPABILITIES.—The Secretary shall transfer 
ownership of the Washington Aqueduct under paragraph (1) 
only if the Secretary determines, after opportunity for public 
input, that the entity to receive ownership of the Aqueduct 
has the technical, managerisd, and financial capability to oper-
ate, maintain, and manage the Aqueduct. 
(3) RESPONSIBILITIES.—^The Secretary shall not transfer 
title under this subsection unless the entity to receive title 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1687 
assumes full responsibility for performing and financing the 
operation, maintenance, repair, replacement, rehabilitation, and 
necessary capital improvements of the Washington Aqueduct 
so as to ensure the continued operation of the Washington 
Aqueduct consistent with the Aqueduct's intended purpose of 
providing an uninterrupted supply of potable water sufficient 
to meet the current and future needs of the Aqueduct's service 
area. 
(e) BORROWING AUTHORITY.— 
(1) BORROWING.— 
(A) IN GENERAL.—Subject to the other provisions of 
this paragraph and paragraph (2), the Secretary is author-
ized to borrow from the Treasury of the United States 
such amounts for fiscal years 1997, 1998, and 1999 as 
are sufficient to cover any obligations that the Army Corps 
of Engineers is required to incur in carrying out capital 
improvements during fiscal years 1997, 1998, and 1999 
for the Washington Aqueduct to ensure continued operation 
of the Aqueduct until such time as a transfer of title 
to the Aqueduct has taken place. 
(E) LIMITATION.—^The amount borrowed by the Sec-
retary under subparagraph (A) may not exceed $29,000,000 
for fiscal year 1997, $24,000,000 for fiscal year 1998, and 
$22,000,000 for fiscal year 1999. 
(C) AGREEMENT.—Amounts borrowed under subpara-
graph (A) may only be used for capital improvements 
agreed to by the Army Corps of Engineers and the cus-
tomers. 
(D) TERMS OF BORROWING.— 
(i) IN GENERAL.—^The Secretary of the Treasury 
shall provide the funds borrowed under subparagraph 
(A) under such terms and conditions as the Secretary 
of Treasury determines to be necessary and in the 
public interest and subject to the contracts required 
under paragraph (2). 
(ii) TERM.—^The term of any loan made under 
subparagraph (A) shall be for a period of not less 
than 20 years. 
(iii) PREPAYMENT.—^There shall be no penalty for 
the prepayment of any amounts borrowed under 
subparagraph (A). 
(2) CONTRACTS WITH CUSTOMERS.— 
(A) IN GENERAL.—^The borrowing authority under para-
graph (1)(A) shall be effective only after the Chief of Engi-
neers has entered into contracts with each customer under 
which the customer commits to repay a pro rata share 
(based on water purchase) of the principal and interest 
owed by the Secretary to the Secretary of the Treasury 
under paragraph (1). 
(B) PREPAYMENT.—Any customer may repay, at any 
time, the pro rata share of the principal and interest then 
owed by the customer and outstanding, or any portion 
thereof, without penalty. 
(C) RISK OF DEFAULT.—^Under each of the contracts, 
the customer that enters into the contract shall commit 
to pay any additional amount necessary to fully offset 
the risk of default on the contract. 
110 STAT. 1688 
PUBLIC LAW 104-182—AUG. 6, 1996 
(D) OBLIGATIONS.—^Each contract under subparagraph 
(A) shall include such terms and conditions as the Secretary 
of the Treasury may require so that the value to the 
Government of the contracts entered into under subpara-
graph (A) is estimated to be equal to the obligations of 
the Army Corps of Engineers for c£irrying out capital 
improvements at the Washington Aqueduct at the time 
that each series of contracts is entered into. 
(E) OTHER CONDITIONS.—^Each contract entered into 
under subparagraph (A) shall— 
(i) provide that the customer pledges future income 
only from fees assessed for principal and interest pay-
ments required by such contracts and costs to operate 
and maintain the Washington Aqueduct; 
(ii) provide the United States priority in regard 
to income from fees assessed to operate and maintain 
the Washington Aqueduct; and 
(iii) include other conditions consistent with this 
section that the Secretary of the Treasury determines 
to be appropriate. 
(3) LIMITATIONS.— 
(A) BORROWING AUTHORITY.—The Secretary's borrow-
ing authority for making capital improvements at the 
Washington Aqueduct under paragraph (1) shall not extend 
beyond fiscal year 1999. 
(B) OBLIGATION AUTHORITY.—Upon expiration of the 
borrowing authority exercised under paragraph (1), the 
Secretary shall not obligate funds for making capital 
improvements at the Washington Aqueduct except funds 
which are provided in advance by the customers. This 
limitation does not affect the Secretar^s authority to con-
duct normal operation and maintenance activities, includ-
ing minor repair and replacement work. 
Reports. 
(4) IMPACT ON IMPROVEMENT PROGRAM.—-Not later than 
180 days after the date of enactment of this Act, the Secretary, 
in consultation with other Federal agencies, shall transmit 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that assesses 
the impact of the borrowing authority provided under this 
subsection on the near-term improvement projects in the 
Washington Aqueduct Improvement Program, work scheduled, 
and the financial liability to be incurred, 
(f) REISSUANCE OF N P D E S PERMIT.—Prior to reissuing a 
National Pollutant Discharge Elimination System (NPDES) permit 
for the Washington Aqueduct, the Administrator of the Environ-
mental Protection Agency shall consult with the customers and 
the Secretary regarding opportunities for more efficient water facil-
ity configurations that might be achieved through various possible 
transfers of the Washington Aqueduct. Such consultation shall 
include specific consideration of concerns regarding a proposed 
solids recovery facility, and may include a public hearing. 
33 use 1281 
SEC. 307. WASTEWATER ASSISTANCE TO COLONIAS. 
(a) DEFINITIONS.—^As used in this section: 
(1) 
BORDER 
STATE.—The term "border State" means 
Arizona, California, New Mexico, and Texas. 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1689 
(2) ELIGIBLE COMMUNITY.—The term "eligible community" 
me£ins a low-income community with economic hardship that— 
(A) is commonly referred to as a colonia; 
(B) is located along the United States-Mexico border 
(generally in an unincorporated area); and 
(C) lacks basic sanitation facilities such as household 
plumbing or a proper sewage disposal system. 
(3) TREATMENT WORKS.—^The term "treatment works" has 
the meaning provided in section 212(2) of the Federal Water 
Pollution Control Act (33 U.S.C. 1292(2)). 
(b) GRANTS FOR WASTEWATER ASSISTANCE.—The Administrator 
of the Environmental Protection Agency and the heads of other 
appropriate Federal agencies are authorized to award grants to 
a border State to provide assistance to eligible communities for 
the planning, design, and construction or improvement of sewers, 
treatment works, and appropriate connections for wastewater treat-
ment. 
(c) USE OF FUNDS.—Each grsmt awarded pursuant to subsection 
(b) shall be used to provide assistance to one or more eligible 
communities with respect to which the residents are subject to 
a significant health risk (as determined by the Administrator or 
the head of the Federal agency making the grgint) attributable 
to the lack of access to an adequate and affordable treatment 
works for wastewater. 
(d) COST SHARING.—^The amount of a grant awarded pursuant 
to this section shall not exceed 50 percent of the costs of carrying 
out the project that is the subject of the grant. 
(e) AUTHORIZATION OF APPROPRLVTIONS.—^There are authorized 
to be appropriated to carry out this section $25,000,000 for each 
of the fiscal years 1997 through 1999. 
SEC. 308. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTA-
TION OF LAKE CHAMPLAIN, 
(a) FINDINGS.—Section 1002(a) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) 
is amended as follows: 
(1) By striking "and" at the end of paragraph (3). 
(2) By striking the period at the end of paragraph (4) 
and inserting "; and". 
(3) By adding at the end the following new paragraph: 
"(5) the zebra mussel was discovered on hake Champlain 
during 1993 and the opportunity exists to act quickly to estab-
lish zebra mussel controls before Lake Champlain is further 
infested and management costs escalate.". 
(b) Ex OFFICIO MEMBERS OF AQUATIC NUISANCE SPECIES TASK 
FORCE.—Section 1201(c) of such Act (16 U.S.C. 4721(c)) is amended 
by inserting ", the Lake Champlain Basin Program," after "Great 
Lakes Commission". 
29-194 O - 96 - 29 : QL 3 Part 2 
110 STAT. 1690 
PUBLIC LAW 104-182—AUG. 6, 1996 
TITLE 
IV—ADDITIONAL 
ASSISTANCE 
FOR WATER INFRASTRUCTURE AND 
WATERSHEDS 
42 use 300j-3c. 
SEC. 401. NATIONAL PROGRAM. 
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—^The Administrator 
of the Environmental Protection Agency may provide technical and 
financial assistance in the form of grants to States (1) for the 
construction, rehabilitation, and improvement of water supply sys-
tems, and (2) consistent with nonpoint source management pro-
grams established under section 319 of the Federal Water Pollution 
Control Act, for source water quality protection programs to address 
pollutants in navigable waters for the purpose of making such 
waters usable by water supply systems. 
(b) LIMITATION.—^Not more than 30 percent of the amounts 
appropriated to carry out this section in a fiscal year may be 
used for source water quality protection programs described in 
subsection (a)(2). 
(c) CONDITION.—^As a condition to receiving assistance under 
this section, a State shall ensure that such assistance is carried 
out in the most cost-effective manner, as determined by the State. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) UNCONDITIONAL AUTHORIZATION.—^There are authorized 
to be appropriated to carry out this section $25,000,000 for 
each of fiscal years 1997 through 2003. Such sums shall remain 
available until expended. 
(2) CONDITIONAL AUTHORIZATION.—In addition to amounts 
authorized under paragraph (1), there are authorized to be 
appropriated to carry out this title $25,000,000 for each of 
fiscal years 1997 through 2003, provided that such authoriza-
tion shall be in effect for a fiscal year only if at least 75 
percent of the total amount of funds authorized to be appro-
priated for such fiscal year by section 1452(m) of the Safe 
Drinking Water Act are appropriated. 
(e) ACQUISITION OF LANDS.—Assistance provided with funds 
made available under this title may be used for the acquisition 
of lands and other interests in lands; however, nothing in this 
title authorizes the acquisition of lands or other interests in lands 
from other than willing sellers. 
(0 FEDERAL SHARE.—^The Federal share of the cost of activities 
for which grants are made under this title shall be 50 percent. 
(g) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) STATE.—^The term "State" means a State, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
(2) WATER SUPPLY SYSTEM.—^The term "water supply sys-
tem" means a system for the provision to the public of piped 
water for human consumption if such system has at least 
15 service connections or regularly serves at least 25 individuals 
and a draw and fill system for the provision to the public 
of water for human consumption. Such term does not include 
a system owned by a Federal agency. Such term includes (A) 
£my collection, treatment, storage, and distribution facilities 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1691 
under control of the operator of such system and used primarily 
in connection with such system, and (B) any collection or 
pretreatment facilities not under such control that are used 
primarily in connection with such system. 
TITLE V—CLERICAL AMENDMENTS 
SEC. 501. CLERICAL AMENDMENTS. 
(a) PART B.—Part B (42 U.S.C. 300g et seq.) is amended as 
follows: 
(1) In section 1412(b), move the margins of paragraph 
42USC300g-l. 
(11) 2 ems to the right. 
(2) In section 1412(b)(8), strike "1442(g)" and insert 
"1442(e)". 
(3) In section 1415(a)(1)(A), insert "the" before "time the 42USC300g-4. 
variance is granted". 
(b) PART C—Part C (42 U.S.C. 300h et seq.) is amended as 
follows: 
(1) In section 1421(b)(3)(B)(i), strike "number or States" 42USC300h. 
and inserting "number of States". 
(2) In section 1427(k), strike "this subsection" and inserting 
42 USC 300h-6. 
"this section". 
(c) PART E.—Section 1441(f) (42 U.S.C. 300j(f)) is amended 
by inserting a period at the end. 
(d) SECTION 1465(b).—Section 1465(b) (42 U.S.C. 300j-25(b)) 
is amended by striking "as by" and inserting 'iby". 
(e) SHORT TITLE.—Section 1 of Public Law 93-523 (88 Stat. 
1600) is amended by inserting "of 1974" after "Act" the second 
42 USC 201 note. 
place it appears and title XTV of the Public Health Service Act 
is amended by inserting the following immediately before part 
A: 
"SHORT TITLE 
"SEC. 1400. This title may be cited as the 'Safe Drinking Water 
Act'.". 
(f) TECHNICAL AMENDMENTS TO SECTION HEADINGS.— 
(1) The section heading and subsection designation of sub-
section (a) of section 1417 (42 U.S.C. 300g-6) are amended 
to read as follows: 
"PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX 
"SEC. 1417. (a)". 
(2) The section heading and subsection designation of sub-
section (a) of section 1426 (42 U.S.C. 300h-5) are amended 
to read as follows: 
"REGULATION OF STATE PROGRAMS 
"SEC. 1426. (a)". 
(3) The section heading and subsection designation of sub-
section (a) of section 1427 (42 U.S.C. 300h-6) are amended 
to read as follows: 
"SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM 
"SEC. 1427. (a)". 
110 STAT. 1692 
PUBLIC LAW 104-182—AUG. 6, 1996 
(4) The section heading and subsection designation of sub-
section (a) of section 1428 (42 U.S.C. 300h-7) are amended 
to read as follows: 
"STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS 
"SEC. 1428. (a)". 
(5) The section heading and subsection designation of sub-
section (a) of section 1432 (42 U.S.C. 300i-l) are amended 
to read as follows: 
"TAMPERING WITH PUBLIC WATER SYSTEMS 
"SEC. 1432. (a)". 
(6) The section heading and subsection designation of sub-
section (a) of section 1451 (42 U.S.C. 300J-11) are amended 
to read as follows: 
"INDL\N TRIBES 
"SEC. 1451. (a)". 
(7) The section heading and first word of section 1461 
(42 U.S.C. 300J-21) are amended to read as follows: 
"DEFINITIONS 
"SEC. 1461. As". 
(8) The section heading and first word of section 1462 
(42 U.S.C. 300J-22) are amended to read as follows: 
"RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS 
"SEC. 1462. For". 
(9) The section heading and subsection designation of sub-
section (a) of section 1463 (42 U.S.C. 300J-23) are amended 
to read as follows: 
"DRINKING WATER COOLERS CONTAINING LEAD 
"SEC. 1463. (a)". 
(10) The section heading and subsection designation of 
subsection (a) of section 1464 (42 U.S.C. 300J-24) are amended 
to read as follows: 
"LEAD CONTAMINATION IN SCHOOL DRINKING WATER 
"SEC. 1464. (a)". 
(11) The section heading and subsection designation of 
subsection (a) of section 1465 (42 U.S.C. 300J-25) are amended 
to read as follows: 
PUBLIC LAW 104-182—AUG. 6, 1996 
110 STAT. 1693 
"FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING LEAD 
CONTAMINATION IN SCHOOL DRINKING WATER 
"SEC. 1465. (a)". 
Approved August 6, 1996. 
LEGISLATIVE HISTORY—S. 1316 (H.R. 3604): 
HOUSE REPORTS: Nos. 104-632, Pt. 1 accompanying H.R. 3604 (Comm. on Com-
merce) and 104-741 (Comm. of Conference). 
SENATE REPORTS: No. 104-169 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD: 
Vol. 141 (1995): Nov. 29, considered and passed Senate. 
Vol. 142 (1996): June 25, H.R. 3604 considered and passed House. 
July 17, S. 1316 considered and passed House, amended, in 
UeuofH.R. 3604. 
Aug. 2, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Aug. 6, Presidential remarks and statement.