Safe Drinking Water Act Amendments of 1986
PL 99-339 (S.124), enacted 06/19/1986

100 STAT. 642 
PUBLIC LAW 99-339—JUNE 19, 1986 
June 19, 1986 
[S. 124] 
Safe Drinking 
Water Act 
Amendments of 
1986. 
Pollution. 
42 u s e 201 note. 
42 u s e 300g-l. 
Effective date. 
Public Law 99-339 
99th Congress 
<*if 
An Act 
To amend the Safe Drinking Water Act. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Safe Drinking Water Act Amend-
ments of 1986". 
Sec. 1. Short title. 
TABLE OF CONTENTS 
TITLE I—PUBLIC WATER SYSTEMS 
Sec. 101. National primary drinking water regulations. 
Sec. 102. Enforcement of regulations. 
Sec. 103. Public notification. 
Sec. 104. Variances. 
Sec. 105. Exemptions. 
Sec. 106. Monitoring for unregulated contaminants. 
Sec. 107. Technical assistance for small systems. 
Sec. 108. Tampering with public water systems. 
Sec. 109. Lead free drinking water. 
TITLE II—PROTECTION OF UNDERGROUND SOURCES OF DRINKING 
WATER 
Sec. 201. Restrictions on underground injection of hazardous waste and regulation 
of State programs. 
Sec. 202. Enforcement. 
Sec. 203. Sole source aquifer demonstration program. 
Sec. 204. Emergency powers. 
Sec. 205. State programs to establish wellhead protection areas. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Authorization of appropriations. 
Sec. 302. Indian tribes. 
Sec. 303. Judicial review. 
Sec. 304. Miscellaneous provisions. 
TITLE I—PUBLIC WATER SYSTEMS 
SEC. lOL NATIONAL PRIMARY DRINKING WATER REGULATIONS. 
(a) SIMPLIFICATION OF STATUTORY SYSTEM.—Section 1412(a) of the 
Safe Drinking Water Act (title XIV of the Public Health Service Act; 
42 U.S.C. 300f and following) is amended to read as follows: 
"(a)(1) Effective on the enactment of the Safe Drinking Water Act 
Amendments of 1986, each national interim or revised primary 
drinking water regulation promulgated under this section before 
such enactment shall be deemed to be a national primary drinking 
water regulation under subsection (b). No such regulation shall be 
required to comply with the standards set forth in subsection (b)(4) 
unless such regulation is amended to establish a different maximum 
contaminant level after the enactment of such amendments. 
•ioV 
i^l-fV 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 643 
"(2) After the enactment of the Safe Drinking Water Act Amend-
ments of 1986 each recommended maximum contaminant level 
published before the enactment of such amendments shall be 
treated as a maximum contaminant level goal. 
"(3) Whenever a national primary drinking water regulation is 
proposed under paragraph (1), (2), or (3) of subsection (b) for any 
contaminant, the maximum contaminant level goal for such 
contaminant shall be proposed simultaneously. Whenever a national 
primary drinking water regulation is promulgated under paragraph 
(1), (2), or (3) of subsection (b) for any contaminant, the maximum 
contaminant level goal for such contaminant shall be published 
simultaneously. 
"(4) Paragraph (3) shall not apply to any recommended maximum 
contaminant level published before the enactment of the Safe 
Drinking Water Act Amendments of 1986.". 
(b) 
STANDARD 
SETTING 
SCHEDULES 
AND DEADLINES.—Section 
1412(b) of the Safe Drinking Water Act is amended by striking 42USC300g-l. 
paragraphs (1), (2), and (3), and inserting in lieu thereof the 
following: 
"(1) In the case of those contaminants listed in the Advance Notice 
of Proposed Rulemaking published in volume 47, Federal Register, 
page 9352, and in volume 48, Federal Register, page 45502, the 
Administrator shall publish maximum contaminant level goals and 
promulgate national primaf y drinking water regulations— 
"(A) not later than 12 months after the enactment of the Safe 
Drinking Water Act Amendments of 1986 for not less than 9 of 
those listed contaminants; 
"(B) not later than 24 months after such enactment for not 
less than 40 of those listed contaminants; and 
"(C) not later than 36 months after such enactment for the 
remainder of such listed contaminants. 
. "(2)(A) If the Administrator identifies a drinking water contami-
nant the regulation 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 paragraph (1)) than a contaminant 
referred to in paragraph (1), the Administrator may publish a 
maximum contaminant level goal and promulgate a national pri-
mary drinking water regulation for such identified contaminant in 
lieu of regulating the contaminant referred to in such paragraph. 
There may be no more than 7 contaminants in paragraph (1) for 
which substitutions may be made. Regulation of a contaminant 
identified under this paragraph shall be in accordance with the 
schedule applicable to the contaminant for which the substitution is 
made. 
"(B) If the Administrator identifies one or more contaminants for Federal 
substitution under this paragraph, the Administrator shall publish Register, 
in the Federal Register not later than one year after the enactment ^ 
^^^ ^°"' 
of the Safe Drinking Water Act Amendments of 1986 a list of 
contaminants proposed for substitution, the contaminants referred 
to in paragraph (1) for which substitutions are to be made, and the 
basis for the judgment that regulation of such proposed substitute 
contaminants is more likely to be protective of public health (taking 
into account the schedule for regulation under such paragraph). 
Following a period of 60 days for public comment, the Administrator 
shall publish in the Federal Register a final list of contaminants to 
be substituted and contaminants referred to in paragraph (1) for 
iiJ 
100 STAT. 644 
PUBLIC LAW 99-339—JUNE 19, 1986 
Health and 
medical care. 
42 u s e 9601. 
7 u s e 136 note. 
Health and 
medical care. 
which substitutions are to be made, together with responses to 
significant comments. 
"(C) Any contaminant referred to in paragraph (1) for which a 
substitution is made, pursuant to subparagraph (A) of this para-
graph, shall be included on the priority list to be published by the 
Administrator not later than January 1, 1988, pursuant to para-
graph (3XA). 
"(D) The Administrator's decision to regulate a contaminant 
identified pursuant to this paragraph in lieu of a contaminant 
referred to in paragraph (1) shall not be subject to judicial review. 
"(3XA) The Administrator shedl publish maximum contaminant 
level goals and promulgate national primary drinking water regula-
tions for each contaminant (other than a contaminant referred to in 
paragraph (1) or (2) for which a national primary drinking water 
regulation was promulgated) which, in the judgment of the Adminis-
trator, may have any adverse effect on the health of persons and 
which is known or anticipated to occur in public water systems. Not 
later than January 1, 1988, and at 3 year intervals thereafter, the 
Administrator shall publish a list of contaminants which are known 
or anticipated to occur in public water systems and which may 
require regulation under this Act. 
"(B) For the purpose of establishing the list under subparagraph 
(A), the Administrator shall form an advisory working group includ-
ing members from the National Toxicology Program and the 
Environmental Protection Agency's Offices of Drinking Water, 
Pesticides, Toxic Substances, Ground Water, Solid Waste and Emer-
gency Response and any others the Administrator deems appro-
priate. The Administrator's consideration of priorities shall include, 
but not be limited to, substances referred to in section 101(14) of the 
Comprehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980, and substances registered as pesticides under the 
Federal Insecticide, Fungicide, and Rodenticide Act. 
"(C) Not later than 24 months after the listing of contaminants 
under subparagraph (A), the Administrator shall publish proposed 
maximum contaminant level goals and national primary drinking 
water regulations for not less than 25 contaminants from the list 
established under subparagraph (A). 
"(D) Not later than 36 months after the listing of contaminants 
under subparagraph (A), the Administrator shall publish a maxi-
mum contaminant goal and promulgate a national primary drink-
ing water regulation for those contaminants for which proposed 
maximum contaminant level goals and proposed national primary 
drinking water regulations were published under subparagraph (C). 
"(4) Each maximum contaminant level goal established under this 
subsection shall be set at the level at which no known or anticipated 
adverse effects on the health of persons occur and which allows an 
adequate margin of safety. Each national primary drinking water 
regulation for a contaminant for which a maximum contaminant 
level goal is established under this subsection shall specify a maxi-
mum level for such contaminant which is as close to the maximum 
contaminant level goal as is feasible. 
"(5) For the purposes of this subsection, the term 'feasible' means 
feasible with the use of the best technology, treatment techniques 
and other means which the Administrator finds, after examination 
for efficacy under field conditions and not solely under laboratory 
conditions, are available (taking cost into consideration). For the 
purpose of paragraph (4), granular activated carbon is feasible for 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 645 
the control of synthetic organic chemicals, and any technology, 
treatment technique, or other means found to be the best available 
for the control of synthetic organic chemicals must be at least as 
effective in controlling synthetic organic chemicals as granular 
activated carbon. 
"(6) Each national primary drinking water regulation which 
Science and 
establishes a maximum contaminant level shall list the technology, technology. 
treatment techniques, and other means which the Administrator 
finds to be feasible for purposes of meeting such maximum contami-
nant level, but a regulation under this paragraph shall not require 
that any specified technology, treatment technique, or other means 
be used for purposes of meeting such maximum contaminant level. 
"(7)(A) The Administrator is authorized to promulgate a national 
primary drinking water regulation that requires the use of a treat-
ment technique in lieu of establishing a maximum contaminant 
level, if the Administrator makes a finding that it is not economi-
cally or technologically feasible to ascertain the level of the contami-
nant. In such case, the Administrator shall identify those treatment 
techniques which, in the Administrator's judgment, would prevent 
known or anticipated adverse effects on the health of persons to the 
extent feasible. Such regulations shall specify each treatment tech-
nique known to the Administrator which meets the requirements of 
this paragraph, but the Administrator may grant a variance from 
any specified treatment technique in accordance with section 
1415(a)(3). 
42 use 300g-4. 
"(B) Any schedule referred to in this subsection for the promulga-
tion of a national primary drinking water regulation for any 
contaminant shall apply in the same manner if the regulation 
requires a treatment technique in lieu of establishing a maximum 
contaminant level. 
"(C)(i) Not later than 18 months after the enactment of the Safe 
r 
?n <, 
Drinking Water Act Amendments of 1986, the Administrator shall 
propose and promulgate national primary drinking water regula- 
.,: j $ 
tions specifying criteria under which filtration (including coagula-
tion and sedimentation, as appropriate) is required as a treatment 
technique for public water systems supplied by surface water 
sources. In promulgating such rules, the Administrator shall con-
sider the quality of source waters, protection afforded by watershed 
management, treatment practices (such as disinfection and length of 
water storage) and other factors relevant to protection of health. 
"(ii) In lieu of the provisions of section 1415 the Administrator 
State and local 
shall specify procedures by which the State determines which public governments, 
water systems within its jurisdiction shall adopt filtration under the 
criteria of clause (i). The State may require the public water system 
to provide studies or other information to assist in this determina-
tion. The procedures shall provide notice and opportunity for public 
hearing on this determination. If the State determines that filtra-
tion is required, the State shall prescribe a schedule for compliance 
by the public water system with the filtration requirement. A 
schedule shall require compliance within 18 months of a determina-
tion made under clause (iii). 
"(iii) Within 18 months from the time that the Administrator 
state and local 
establishes the criteria and procedures under this subparagraph, a governments. 
State with primary enforcement responsibility shall adopt any nec-
essary regulations to implement this subparagraph. Within 12 
months of adoption of such regulations the State shall make deter-
100 STAT. 646 
PUBLIC LAW 99-339—JUNE 19, 1986 
minations regarding filtration for all the public water systems 
within its jurisdiction supplied by surface waters. 
State and local 
"(iv) If a State does not have primary enforcement responsibility 
governments. 
for 
public water systems, the Administrator shall have the same 
authority to make the determination in clause (ii) in such State as 
the State would have under that clause. Any filtration requirement 
or schedule under this subparagraph shall be treated as if it were a 
requirement of a national primary drinking water regulation. 
"(8) Not later than 36 months after the enactment of the Safe 
Drinking Water Act Amendments of 1986, the Administrator shall 
propose and promulgate national primary drinking water regula-
tions requiring disinfection as a treatment technique for all public 
water systems. The Administrator shall simultaneously promulgate 
a rule specifying criteria that will be used by the Administrator (or 
delegated State authorities) to grant variances from this require-
ment according to the provisions of sections 1415(a)(1)(B) and 
1415(a)(3). In implementing section 1442(g) the Administrator or the 
delegated State authority shall, where appropriate, give special 
consideration to providing technical assistance to small public water 
systems in compl3dng with the regulations promulgated under this 
paragraph.". 
(c) CONFORMING CHANGES,—(1) Paragraphs (4), (5), and (6) of sec-
tion 1412(b) of the Safe Drinking Water Act are redesignated as 
paragraphs (9), (10), and (11), respectively. Paragraphs (9) and (10) of 
such section 14120D), as redesignated by this paragraph, are each 
amended by striking "Revised national" in each place where it 
appears and substituting "National". 
(2) Paragraph (1) of section 1413(a) of such Act is amended by 
striking out subparagraphs (A) and (B) and substituting "are no less 
stringent than the national primary drinking water regulations in 
effect under sections 1412(a) and 1412(b);". 
(3) Section 1444(d) of such Act is amended by striking out "(includ-
ing interim regulations)". 
(4) Section 1416(e) of the Safe Drinking Water Act is amended by 
striking out "1412a>)(3)" and substituting "1412(b)". 
(d) REVIEW OF STANDARDS.—Paragraph (9) of section 141203) of the 
Safe Drinking Water Act, as redesignated by subsection (c) of this 
section, is amended by adding at the end thereof the following: 
"Such review shall include an analysis of innovations or changes in 
technology, treatment techniques or other activities that have oc-
curred over the previous 3-year period and that may provide for 
' 
greater protection of the health of persons. The findings of such 
review shall be published in the Federal Register. If, after oppor-
tunity for public comment, the Administrator concludes that the 
technology, treatment techniques, or other means resulting from 
such innovations or changes are not feasible within the meaning of 
paragraph (5), an explanation of such conclusion shall be published 
in the Federal Register.". 
(e) SCIENCE ADVISORY BOARD.—Section 1412(e) of the Safe Drink-
ing Water Act is amended to read as follows: 
"(e) The Administrator shall request comments from the Science 
Advisory Board (established under the Environmental Research, 
42 use 4361a. 
Development, and Demonstration Act of 1978) prior to proposal of a 
maximum contaminant level goal and national primary drinking 
water regulation. The Board shall respond, as it deems appropriate, 
within the time period applicable for promulgation of the national 
primary drinking water standard concerned. This subsection shall, 
42 use 300g-4. 
Post, p. 651. 
State and local 
governments. 
42 use 300g-l. 
42 u s e 300g-2. 
42 use 300J-3. 
42 use 300g-5. 
Federal 
Register, 
publication. 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 647 
under no circumstances, be used to delay final promulgation of any 
national primary drinking water standard.". 
SEC. 102. ENFORCEMENT OF REGULATIONS. 
(a) NOTICE TO SYSTEMS.—Section 1414(a)(1)(A) of the Safe Drinking 
Water Act is amended by inserting "and such public water system" 
42 use 300g-3. 
after the words "notify the State". 
(b) PROMPT FEDERAL ENFORCEMENT.—(1) Section 1414(a)(lXB) of 
the Safe Drinking Water Act is amended to read as follows: 
"(B) If, beyond the thirtieth day after the Administrator's notifica- 
State and local 
tion under subparagraph (A), the State has not commenced appro- 
governments. 
priate enforcement action, the Administrator shall issue an order 
under subsection (g) requiring the public water system to comply 
with such regulation or requirement or the Administrator shall 
;
» q v
u k 
commence a civil action under subsection (b).". 
(2) Section 1414(aX2) of the Safe Drinking Water Act is amended 
by striking the words "he may commence a civil action under 
subsection (b)" and substituting the following: "the Administrator 
shall issue an order under subsection (g) requiring the public water 
!/ -
*
B 
system to comply with such regulation or requirement or the 
Administrator shall commence a civil action under subsection (b)". 
(c) PENALTIES.—Section 1414(b) of the Safe Drinking Water Act is 
amended as follows: 
(1) Add ", with an order issued under subsection (g)," after 
"drinking water regulation" in the first sentence. 
(2) Delete "willful" immediately after "there has been a" in 
i^il6 S6COT1U Sf^Tli^Tlf!^^ 
(3) Strike out "$5,000" and substitute "$25,000". 
(d) ADMINISTRATIVE ORDERS.—(1) Section 1414 of the Safe Drinking 
Water Act is amended by adding at the end thereof the following 
new subsection: 
"(g)(1) In any case in which the Administrator is authorized to 
bring a civil action under this section or under section 1445 with 42 use 300j-4. 
respect to any regulation, schedule, or other requirement, the 
Administrator also may issue an order to require compliance with 
such regulation, schedule, or other requirement. 
"(2) An order issued under this subsection shall not take effect State and local 
until after notice and opportunity for public hearing and, in the case governments. 
of a State having primary enforcement responsibility for public 
water systems in that State, until after the Administrator has 
provided the State with an opportunity to confer with the Adminis-
trator regarding the proposed order. A copy of any order proposed to 
be issued under this subsection shall be sent to the appropriate State 
agency of the State involved if the State has primary enforcement 
responsibility for public water systems in that State. Any order 
issued under this subsection shall state with reasonable specificity 
the nature of the violation. In any case in which an order under this 
subsection is issued to a corporation, a copy of such order shall be 
issued to appropriate corporate officers. 
"(3)(A) Any person who violates, or fails or refuses to comply with, 
an order under this subsection shall be liable to the United States 
for a civil penalty of not more than $25,000 per day of violation. 
"(B) Whenever any civil penalty sought by the Administrator 
under this paragraph does not exceed a total of $5,000, 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 
of the United States Code. 
100 STAT. 648 
PUBLIC LAW 99-339—JUNE 19, 1986 
Ante, p. 647. 
Regulations. 
Health and 
medical care. 
42 u s e 300g-3. 
42 use 300J-4. 
Law 
enforcement and 
"(C) Whenever any civil penalty sought by the Administrator 
under this paragraph exceeds $5,000, the penalty shall be assessed 
by a civil action brought by the Administrator in the appropriate 
United States district court (as determined under the provisions of 
title 28 of the United States Code). 
"(D) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order, or after the 
appropriate court of appeals has entered final judgment in favor of 
the Administrator, the Attorney General shall recover the amount 
for which such person is liable in any appropriate district court of 
the United States. In any such action, the validity and appropriate-
ness of the final order imposing the civil penalty shall not be subject 
to review.". 
(2) Section 1414 of the Safe Drinking Water Act is amended by 
striking the words "FAILURE BY STATE TO ASSURE" from the section 
heading. 
SEC. 103. PUBLIC NOTIFICATION. 
Section 1414(c) of the Safe Drinking Water Act is amended by 
striking everjrthing after the sentence "The Administrator shall by 
regulation prescribe the form, manner, and frequency for giving 
notice under this subsection." and inserting the following: "Within 
15 months after the enactment of the Safe Drinking Water Act 
Amendments of 1986, the Administrator shall amend such regula-
tions to provide for different types and frequencies of notice based 
on the differences between violations which are intermittent or 
infrequent and violations which are continuous or frequent. Such 
regulations shall also take into account the seriousness of any 
potential adverse health effects which may be involved. Notice of 
any violation of a maximum contaminant level or any other viola-
tion designated by the Administrator as posing a serious potential 
adverse health effect shall be given as soon as possible, but in no 
case later than 14 days after the violation. Notice of a continuous 
violation of a regulation other than a maximum contaminant level 
shall be given no less frequently than every 3 months. Notice of 
violations judged to be less serious shall be given no less frequently 
than annually. The Administrator shall specify the types of notice to 
be used to provide information as promptly and effectively as pos-
sible taking into account both the seriousness of any potential 
adverse health effects and the likelihood of reaching all affected 
persons. Notification of violations shall include notice by general 
circulation newspaper serving the area and, whenever appropriate, 
shall also include a press release to electronic media and individual 
mailings. Notice under this subsection shall provide a clear and 
readily understandable explanation of the violation, any potential 
adverse health effects, the steps that the system is taking to correct 
such violation, and the necessity for seeking alternative water 
supplies, if any, until the violation is corrected. Until such amended 
regulations are promulgated, the regulations in effect on the date of 
the enactment of the Safe Drinking Water Act Amendments of 1986 
shall remain in effect. The Administrator may also require the 
owner or operator of a public water system to give notice to the 
persons served by it of contaminant levels of any unregulated 
contaminant required to be monitored under section 1445(a). Any 
person who violates this subsection or regulations issued under this 
subsection shall be subject to a civil penalty of not to exceed 
$25,000.". 
. 
. . . . , , , , „ . . , . „ _ 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 649 
'UHlfiiiJ^ 
SEC. 104. VARIANCES. 
Section 1415(a)(1)(A) of the Safe Drinking Water Act is amended 
42 USC 300g-4. 
as follows: 
(1) Strike the word "despite" and substitute a period and the 
following: "A variance may only be issued to a system after the 
system's . 
(2) Strike the word "generally" before the word "available" Science and 
' 
and after "(taking costs into consideration)." insert the follow- technology, 
ing: "The Administrator shall propose and promulgate his find-
ing of the best available technology, treatment techniques or 
other means available for each contaminant for purposes of this 
subsection at the time he proposes and promulgates a maximum 
contaminant level for each such contaminant. The Administra-
tor's finding of best available technology, treatment techniques 
or other means for purposes of this subsection may vary depend-
ing on the number of persons served by the system or for other 
physical conditions related to engineering feasibility and costs 
of compliance with maximum contaminant levels as considered 
appropriate by the Administrator.". 
(3) Strike the words "within one year of the date" and adding 
"at the time". 
(4) Add in clause (ii) after the words "water system of such" 
the word "additional". 
SEC. 105. EXEMPTIONS. 
(a) SCHEDULES.—Section 1416 of the Safe Drinking Water Act is 42 USC 300g-5. 
amended as follows: 
(1) In subsection (b)(1) strike out the words "within one year of 
the date" and substitute "at the time". 
(2) In subsection (b)(2)(A)(i) strike the word "interim" and 
strike the words "not later than January 1,1984" and substitute 
"not later than 12 months after enactment of the Safe Drinking 
Water Act Amendments of 1986". 
(3) In subsection (b)(2)(A)(ii) strike "revised" and strike "not 
later than 7 years after the date such requirement takes effect" 
and substitute "other than a regulation referred to in section 
1412(a), 12 months after the date of the issuance of the 
exemption". 
(4) Subsection (b)(2)(B) is amended to read as follows: 
"(B) The final date for compliance provided in any schedule in the 
case of any exemption may be extended by the State (in the case of a 
State which has primary enforcement responsibility) or by the 
Administrator (in any other case) for a period not to exceed 3 years 
after the date of the issuance of the exemption if the public water 
system establishes that— 
"(i) the system cannot meet the standard without capital 
improvements which cannot be completed within the period of 
such exemption; 
"(ii) in the case of a system which needs financial assistance Contracts. 
for the necessary improvements, the system has entered into an 
agreement to obtain such financial assistance; or 
"(iii) the system has entered into an enforceable agreement to Contracts. 
become a part of a regional public water system; and 
the system is taking all practicable steps to meet the standard. 
"(C) In the case of a system which does not serve more than 500 
service connections and which needs financial assistance for the 
necessary improvements, an exemption granted under clause (i) or 
42 USC 300g-l. 
State and local 
governments. 
100 STAT. 650 
PUBLIC LAW 99-339—JUNE 19, 1986 
(ii) of subparagraph (B) may be renewed for one or more additional 
2-year periods if the system establishes that it is taking all prac-
ticable steps to meet the requirements of subparagraph (B).". 
SEC. 106. MONITORING FOR UNREGULATED CONTAMINANTS. 
(a) SIZE OF SYSTEM.—Section 1445(a) of the Safe Drinking Water 
42 use 300J-4. 
Act is amended by adding at the end thereof the following: "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) MONITORING REQUIREMENTS.—Section 1445(a) of the Safe 
Drinking Water Act is amended by adding "(1)" after "(a)" and by 
adding the following at the end thereof: 
Regulations. 
"(2) Not later than 18 months after enactment of the Safe Drink-
ing Water Act Amendments of 1986, the Administrator shall 
promulgate regulations requiring every public water system to con-
duct a monitoring program for unregulated contaminants. The regu-
lations shall require monitoring of drinking water supplied by the 
system and shall vary the frequency and schedule of 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. Each system shall be required to monitor at least once every 
5 years after the effective date of the Administrator's regulations 
unless the Administrator requires more frequent monitoring. 
State and local 
"(3) Regulations under paragraph (2) shall list unregulated 
governments. 
contaminants for which systems may be required to monitor, and 
shall include criteria by which the primary enforcement authority 
in each State could show cause for addition or deletion of contami-
nants from the designated list. The primary State enforcement 
authority may delete contaminants for an individual system, in 
accordance with these criteria, after obtaining approval of assess-
ment of the contaminants potentially to be found in the system. The 
Administrator shall approve or disapprove such an assessment 
submitted by a State within 60 days. A State may add contaminants, 
in accordance with these criteria, without making an assessment, 
but in no event shall such additions increase Federal expenditures 
authorized by this section. 
"(4) Public water systems conducting monitoring of unregulated 
contaminants pursuant to this section shall provide the results of 
such monitoring to the primary enforcement authority. 
"(5) Notification of the availability of the results of the monitoring 
programs required under paragraph (2), and notification of the 
availability of the results of the monitoring program referred to in 
paragraph (6), shall be given to the persons served by the system and 
the Administrator. 
"(6) The Administrator may waive the monitoring requirement 
under paragraph (2) for a system which has conducted a monitoring 
, 
program after January 1, 1983, if the Administrator determines the 
program to have been consistent with the regulations promulgated 
under this section. 
, 0.-.-, 
"(7) Any system supplying less than 150 service connections shall 
be treated as complying with this subsection if such system provides 
water samples or the opportunity for sampling according to rules 
established by the Administrator.'. 
(c) CIVIL PENALTY.—Section 1445(c) of the Safe Drinking Water 
Act is amended by striking "may be fined not more than $5,000" and 
•iiVd 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 651 
inserting "shall be subject to a civil penalty of not to exceed 
$25,000". 
SEC. 107. TECHNICAL ASSISTANCE FOR SMALL SYSTEMS. 
Section 1442 of the Safe Drinking Water Act is amended by 42USC300j-l. 
adding the following new subsection at the end thereof: 
"(g) The Administrator is authorized to provide technical assist-
ance to small public water systems to enable such systems to 
achieve and maintain compliance with national drinking water 
regulations. Such assistance may include 'circuit-rider' programs, 
training, and preliminary engineering studies.". 
SEC. 108. TAMPERING WITH PUBLIC WATER SYSTEMS. 
Part D of the Safe Drinking Water Act is amended by adding the 
following new section after section 1431: 
"SEC. 1432. TAMPERING WITH PUBLIC WATER SYSTEMS. 
Law 
"(a) TAMPERING.—Any person who tampers with a public water and crime, 
system shall be imprisoned for not more than 5 years, or fined in 42 USC 300i-l. 
accordance with title 18 of the United States Code, or both. 
"(b) ATTEMPT OR THREAT.—Any person who attempts to tamper, or 
makes a threat to tamper, with a public drinking water system be 
imprisoned for not more than 3 years, or fined in accordance with 
title 18 of the United States Code, or both. 
"(c) CIVIL PENALTY.—The Administrator may bring a civil action 
in the appropriate United States district court (as determined under 
the provisions of title 28 of the United States Code) against any 
person who tampers, attempts to tamper, or makes a threat to 
tamper with a public water system. The court may impose on such 
person a civil penalty of not more than $50,000 for such tampering 
or not more than $20,000 for such attempt or threat. 
"(d) DEFINITION OF 'TAMPER'.—For purposes of this section, the 
term 'tamper' means— 
"(1) to introduce a contaminant into a public water system 
with the intention of harming persons; or 
"(2) to otherwise interfere with the operation of a public 
water system with the intention of harming persons.". 
SEC. 109. LEAD FREE DRINKING WATER. 
(a) SAFE DRINKING WATER ACT AMENDMENTS.— 
(1) IN GENERAL.—Part B of the Safe Drinking Water Act is 
amended by adding the following new section at the end thereof: 
"SEC. 1417. PROHIBITION ON USE OF LEAD PIPES, SOLDER. AND FLUX. 42 USC 300g-6. 
"(a) IN GENERAL.— 
"(1) PROHIBITION.—Any pipe, solder, or flux, which is used 
after the enactment of the Safe Drinking Water Act Amend-
ments of 1986, in the installation or repair o
f
— 
"(A) any public water system, or 
,^.. 
"(B) any plumbing in a residential or nonresidential facil-
( : r- 
ity providing water for human consumption which is con-
nected to a public water system, 
shall be lead free (within the meaning of subsection (d)). This 
paragraph shall not apply to leaded joints necessary for the 
repair of cast iron pipes. 
"(2) PUBLIC NOTICE REQUIREMENTS.— 
100 STAT. 652 
PUBLIC LAW 99-339—JUNE 19, 1986 
rn^i 
•Xi^r 
"(A) IN GENERAL.—Each public water system shall iden-
tify and provide notice to persons that may be affected by 
lead contamination of their drinking water where such 
contamination results from either or both of the following: 
"(i) The lead content in the construction materials of 
the public water distribution system. 
' 
"(ii) Corrosivity of the water supply sufficient to 
cause leaching of lead. 
The notice shall be provided in such manner and form as 
may be reasonably required by the Administrator. Notice 
under this paragraph shall be provided notwithstanding the 
absence of a violation of any national drinking water 
standard. 
"(B) CONTENTS OF NOTICE.—Notice under this paragraph 
shall provide a clear and readily understandable expla-
nation of^ 
"(i) the potential sources of lead in the drinking 
water, 
"(ii) potential adverse health effects, 
"(iii) reasonably available methods of mitigating 
known or potential lead content in drinking water, 
"(iv) any steps the system is taking to mitigate lead 
, ^ ^ J,, 
content in drinking water, and 
"(v) the necessity for seeking alternative water sup-
plies, if any. 
Effective dates. 
"(b) STATE ENFORCEMENT.— 
"(1) ENFORCEMENT OF PROHIBITION.—The requirements of 
subsection (a)(1) shall be enforced in all States effective 24 
months after the enactment of this section. States shall enforce 
such requirements through State or local plumbing codes, or 
such other means of enforcement as the State may determine to 
be appropriate. 
"(2) ENFORCEMENT OF PUBLIC NOTICE REQUIREMENTS.—The 
requirements of subsection (a)(2) shall apply in all States effec-
tive 24 months after the enactment of this section. 
"(c) PENALTIES.—If the Administrator determines that a State is 
not enforcing the requirements of subsection (a) as required pursu-
ant to subsection (b), the Administrator may withhold up to 5 
percent of Federal funds available to that State for State program 
grants under section 1443(a). 
"(d) DEFINITION OF LEAD FREE.—For purposes of this section, the 
term 'lead free'— 
"(1) when used with respect to solders and flux refers to 
solders and flux containing not more than 0.2 percent lead, and 
"(2) when used with respect to pipes and pipe fittings refers to 
pipes and pipe fittings containing not more than 8.0 percent 
42 use 300g-6 
lead.". 
note. 
(b) NOTIFICATION TO STATES.—The Administrator of the Environ-
mental Protection Agency shall notify all States with respect to the 
Ante, p. 651. 
requirements of section 1417 of the Public Health Service Act within 
90 days after the enactment of this Act. 
42 use 300g-6 
(c) BAN ON LEAD WATER PIPES, SOLDER, AND FLUX IN V A AND HUD 
note. 
INSURED OR ASSISTED PROPERTY.— 
(1) PROHIBITION.—The Secretary of Housing and Urban Devel-
opment and the Administrator of the Veterans' Administration 
may not insure or guarantee a mortgage or furnish assistance 
with respect to newly constructed residential property which 
State and local 
governments. 
42 use 300J-2. 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 653 
contains a potable water system unless such system uses only 
lead free pipe, solder, and flux. 
(2) DEFINITION OF LEAD FREE.—For purposes of paragraph (1) 
the term "lead free"— 
(A) when used with respect to solders and flux refers to 
solders and flux containing not more than 0.2 percent lead, 
and 
(B) when used with respect to pipes and pipe fittings 
refers to pipes and pipe fittings containing not more than 
ij • 
8.0 percent lead. 
(3) EFFECTIVE DATE.—Paragraph (1) shall become effective 24 
months after the enactment of this Act. 
(d) LEAD SOLDER AS A HAZARDOUS SUBSTANCE.— 
(1) IN GENERAL.—Section 2(f)(1) of the Federal Hazardous 
Substances Act is amended by adding the following at the end 
15 USC 1261 
thereof: 
"(E) Any solder which has a lead content in excess of 0.2 
percent.". 
(2) LABELING.—Section 4 of the Federal Hazardous Substances 
Act is amended by adding the following at the end thereof: 
"(k) The introduction or delivery for introduction into interstate 
commerce of any lead solder which has a lead content in excess of 
0.2 percent which does not prominently display a warning label 
stating the lead content of the solder and warning that the use of 
such solder in the making of joints or fittings in any private or 
public potable water supply system is prohibited.". 
(3) EFFECTIVE DATE.—The amendments made by this subsec-
tion shall become effective 24 months after the enactment of 
this Act. 
15 USC 1263. 
Commerce and 
trade. 
15 USC 1261 
note. 
TITLE II—PROTECTION OF UNDERGROUND SOURCES OF 
DRINKING WATER 
SEC. 201. RESTRICTIONS ON UNDERGROUND INJECTION OF HAZARDOUS 
WASTE AND REGULATION OF STATE PROGRAMS. 
(a) 
NATURAL 
GAS STORAGE.—Section 
1421(b)(2)(A), 
section 
1422(c)(1), and section 1425(a)(1) of the Safe Drinking Water Act are 
each amended by inserting "or natural gas storage operations" after 
"production". 
(b) MONITORING OF INJECTION WELLS.—Part C of the Safe Drinking 
Water Act is amended by adding the following new section at the 
end thereof: 
"SEC. 1426. REGULATION OF STATE PROGRAMS. 
"(a) MONITORING METHODS.—Not later than 18 months after 
enactment of the Safe Drinking Water Act Amendments of 1986, the 
Administrator shall modify regulations issued under this Act for 
Class I injection wells to identify monitoring methods, in addition to 
those in effect on November 1, 1985, including groundwater monitor-
ing. In accordance with such regulations, the Administrator, or 
delegated State authority, shall determine the applicability of such 
monitoring methods, wherever appropriate, at locations and in such 
a manner as to provide the earliest possible detection of fluid 
migration into, or in the direction of, underground sources of drink-
ing water from such wells, based on its assessment of the potential 
for fluid migration from the injection zone that may be harmful to 
human health or the environment. For purposes of this subsection, a 
42 USC 300h, 
300h-l, 300h-4. 
42 USC 300h-5. 
Health and 
medical care. 
Environmental 
protection. 
100 STAT. 654 
PUBLIC LAW 99-339—JUNE 19, 1986 
State and local 
governments. 
42 u s e 6979a, 
6972, 6973. 
42 u s e 6979b. 
42 u s e 6939a. 
42 u s e 6979a. 
State and local 
governments. 
42 u s e 300h-2. 
class I injection well is defined in accordance with 40 CFR 146.05 as 
in effect on November 1,1985. 
"(b) REPORT.—The Administrator shall submit a report to Con-
gress, no later than September 1987, summarizing the results of 
State surveys required by the Administrator under this section. The 
report shall include each of the following items of information: 
"(1) The numbers and categories of class V wells which 
discharge nonhazardous waste into or above an underground 
source of drinking water. 
"(2) The primary contamination problems associated with 
different categories of these disposal wells. 
"(3) Recommendations for minimum design, construction, 
installation, and siting requirements that should be applied to 
protect underground sources of drinking water from such 
contamination wherever necessary.". 
(c) SECTION 7010.—(1) Section 7010(c) of the Solid Waste Disposal 
Act is amended by striking "sections 7002 and 7003 of this Act" and 
inserting in lieu thereof "the provisions of this Act". 
(2) Section 7010 of the Solid Waste Disposal Act is renumbered as 
section 3020 and inserted after section 3019 of such Act. Section 7012 
of such Act is renumbered as section 7010. The item relating to 
section 7010 in the table of contents for such Act is renumbered as 
section 3020 and inserted after the item relating to section 3019. The 
item relating to section 7012 in the table of contents for such Act is 
renumbered as section 7010. Such table of contents is further 
amended by inserting after section 3015 the following new item: 
"Sec. 3016. Inventory of Federal Agency hazardous waste facilities.". 
SEC. 202. ENFORCEMENT. 
f / 
f l 
(a) MANDATORY ENFORCEMENT.—(1) Section 1423(aXl) of the Safe 
Drinking Water Act is amended by striking out all after the first 
sentence and substituting the following: "If beyond the thirtieth day 
after the Administrator's notification the State has not commenced 
appropriate enforcement action, the Administrator shall issue an 
order under subsection (c) requiring the person to comply with such 
requirement or the Administrator shall commence a civil action 
under subsection Ot)).". 
(2) Section 1423(a)(2) of the Safe Drinking Water Act is amended 
by striking the words "he may commence a civil action under 
subsection (b)(1)" and substituting the following: "the Administrator 
shall issue an order under subsection (c) requiring the person to 
comply with such requirement or the Administrator shall com-
mence a civil action under subsection (b).". 
Ot)) CIVIL AND CRIMINAL ACTIONS.—Section 14230)) of the Safe 
Drinking Water Act is amended to read as follows: 
"(b) CIVIL AND CRIMINAL ACTIONS.—Civil actions referred to in 
paragraphs (1) and (2) of subsection (a) shall be brought in the 
appropriate United States district court. Such court shall have 
jurisdiction to require compliance with any requirement of an ap-
plicable underground injection program or with an order issued 
under subsection (c). The court may enter such judgment as protec-
tion of public health may require. Any person who violates any 
requirement of an applicable underground injection control pro-
gram or an order requiring compliance under subsection (c)— 
"(1) shall be subject to a civil penalty of not more than $25,000 
for each day of such violation, and 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 655 
Petroleum and 
petroleum 
products. 
Natural gas. 
"(2) if such violation is willful, such person may, in addition to 
or in lieu of the civil penalty authorized by paragraph (1), be 
imprisoned for not more than 3 years, or fined in accordance 
with title 18 of the United States Code, or both.", 
(c) ADMINISTRATIVE ORDERS.—Section 1423 of the Safe Drinking 
Water Act is amended by inserting the following new subsection 
42 USC 300h-2 
immediately after subsection (b) and by redesignating the succeed-
ing subsection as subsection (d): 
"(c) ADMINISTRATIVE ORDERS.—(1) In any case in which the 
Administrator is authorized to bring a civil action under this section 
with respect to any regulation or other requirement of this part 
other than those relating to— 
"(A) the underground injection of brine or other fluids which 
are brought to the surface in connection with oil or natural gas 
production, or 
"(B) any underground injection for the secondary or tertiary 
recovery of oil or natural gas, 
the Administrator may also issue an order under this subsection 
either assessing a civil penalty of not more than $10,000 for each day 
of violation for any past or current violation, up to a maximum 
administrative penalty of $125,000, or requiring compliance with 
such regulation or other requirement, or both. 
"(2) In any case in which the Administrator is authorized to bring 
a civil action under this section with respect to any regulation, or 
other requirement of this part relating to— 
"(A) the underground injection of brine or other fluids which 
are brought to the surface in connection with oil or natural gas 
production, or 
"(B) any underground injection for the secondary or tertiary 
recovery of oil or natural gas, 
the Administrator may also issue an order under this subsection 
either assessing a civil penalty of not more than $5,000 for each day 
of violation for any past or current violation, up to a maximum 
administrative penalty of $125,000, or requiring compliance with 
such regulation or other requirement, or both. 
"(3)(A) An order under this subsection shall be issued by the 
Administrator after opportunity (provided in accordance with this 
subparagraph) for a hearing. Before issuing the order, the Adminis-
trator shall give to the person to whom it is directed written notice 
of the Administrator's proposal to issue such order and the oppor-
tunity to request, within 30 days of the date the notice is received by 
such person, a hearing on the order. Such hearing shall not be 
subject to section 554 or 556 of title 5, United States Code, but shall 
provide a reasonable opportunity to be heard and to present 
evidence. 
"(B) The Administrator shall provide public notice of, and reason-
able opportunity to comment on, any proposed order. 
"(C) Any citizen who comments on any proposed order under 
subparagraph (B) shall be given notice of any hearing under this 
subsection and of any order. In any hearing held under subpara-
graph (A), such citizen shall have a reasonable opportunity to be 
heard and to present evidence. 
"(D) Any order issued under this subsection shall become effective 
30 days following its issuance unless an appeal is taken pursuant to 
paragraph (6). 
.gbiee&H 
Effective date. 
100 STAT. 656 
PUBLIC LAW 99-339—JUNE 19, 1986 
"(4XA) Any order issued under this subsection shall state with 
reasonable specificity the nature of the violation and may specify a 
reasonable time for compliance. 
"(B) In assessing any civil penalty under this subsection, the 
Administrator shall take into account appropriate factors, including 
,,., J
. , ,, ^ 
(i) the seriousness of the violation; (ii) the economic benefit (if any) 
resulting from the violation; (iii) any history of such violations; (iv) 
any good-faith efforts to comply with the applicable requirements; 
(v) the economic impact of the penalty on the violator; and (vi) such 
^
^ 
other matters as justice may require. 
"(5) Any violation with respect to which the Administrator has 
commenced and is diligently prosecuting an action, or has issued an 
order under this subsection assessing a penalty, shall not be subject 
42 use 300h-3. 
to an action under subsection (b) of this section or section 1424(c) or 
42 use 300J-8. 
1449, except that the foregoing limitation on civil actions under 
section 1449 of this Act shall not apply with respect to any violation 
for which— 
"(A) a civil action under section 1449(a)(1) has been filed prior 
to commencement of an action under this subsection, or 
"(B) a notice of violation under section 1449(b)(1) has been 
given before commencement of an action under this subsection 
and an action under section 1449(a)(1) of this Act is filed before 
120 days after such notice is given. 
"(6) Any person against whom an order is issued or who com-
mented on a proposed order pursuant to paragraph (3) may file an 
appeal of such order with the United States District Court for the 
District of Columbia or the district in which the violation is alleged 
to have occurred. Such an appeal may only be filed within the 30-
day period beginning on the date the order is issued. Appellant shall 
simultaneously send a copy of the appeal by certified mail to the 
Records. 
Administrator and to the Attorney General. The Administrator 
shall promptly file in such court a certified copy of the record on 
which such order was imposed. The district court shall not set aside 
or remand such order unless there is not substantial evidence on the 
record, taken as a whole, to support the finding of a violation or, 
unless the Administrator's assessment of penalty or requirement for 
compliance constitutes an abuse of discretion. The district court 
shall not impose additional civil penalties for the same violation 
unless the Administrator's assessment of a penalty constitutes an 
42 use 300J-7. 
abuse of discretion. Notwithstanding section 1448(a)(2), any order 
issued under paragraph (3) shall be subject to judicial review exclu-
sively under this paragraph. 
"(7) If any person fails to pay an assessment of a civil penalty— 
"(A) after the order becomes effective under paragraph (3), or 
"(B) after a court, in an action brought under paragraph (6), 
has entered a final judgment in favor of the Administrator, 
the Administrator may request the Attorney General to bring a civil 
action in an appropriate district court to recover the amount as-
sessed (plus costs, attorneys' fees, and interest at currently prevail-
ing rates from the date the order is effective or the date of such final 
judgment, as the case may be). In such an action, the validity, 
amount, and appropriateness of such penalty shall not be subject to 
review. 
"(8) The Administrator may, in connection with administrative 
iiJ. ; ,t.^' 
proceedings under this subsection, issue subpoenas compelling the 
attendance and testimony of witnesses and subpoenas duces tecum, 
and may request the Attorney General to bring an action to enforce 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 657 
any subpoena under this section. The district courts shall have 
jurisdiction to enforce such subpoenas and impose sanction". 
(d) CONFORMING AMENDMENT.—Section 1423 of the Safe Drinking 
Water Act is amended by striking the words "FAILURE OF STATE TO Ante, p. 655. 
ASSURE" from the section heading. 
SEC. 203. SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM. 
Part C of the Safe Drinking Water Act is amended by adding the 
following new section after section 1426: 
"SEC. 1127. SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM. 
42 USC 300h-6. 
"(a) PURPOSE.—The purpose of this section is to establish proce-
dures for development, implementation, and assessment of dem-
onstration programs designed to protect critical aquifer protection 
/ 
areas located within areas designated as sole or principal source 
aquifers under section 1424(e) of this Act. 
42 USC 300h-3. 
"(b) DEFINITION.—For purposes of this section, the term 'critical 
aquifer protection area' means either of the following: 
"(1) All or part of an area located within an area for which an 
application or designation as a sole or principal source aquifer 
pursuant to section 1424(e), has been submitted and approved by 
the Administrator not later than 24 months after the enactment 
of the Safe Drinking Water Act Amendments of 1986 and which 
satisfies the criteria established by the Administrator under 
subsection (d). 
"(2) All or part of an area which is within an aquifer des-
ignated as a sole source aquifer as of the enactment of the Safe 
Drinking Water Act Amendments of 1986 and for which an 
areawide ground water quality protection plan has been ap-
proved under section 208 of the Clean Water Act prior to such 
33 USC 1288. 
enactment. 
"(c) APPLICATION.—Any State, municipal or local government or State and local 
political subdivision thereof or any planning entity (including any governments, 
interstate regional planning entity) that identifies a critical aquifer 
protection area over which it has authority or jurisdiction may 
apply to the Administrator for the selection of such area for a 
demonstration program under this section. Any applicant shall 
consult with other government or planning entities with authority 
or jurisdiction in such area prior to application. Applicants, other 
than the Governor, shall submit the application for a demonstration 
program jointly with the Governor. 
"(d) CRITERIA.—Not later than 1 year after the enactment of the 
Safe Drinking Water Act Amendments of 1986, the Administrator 
shall, by rule, establish criteria for identifying critical aquifer 
protection areas under this section. In establishing such criteria, the 
Administrator shall consider each of the following: 
"(1) The vulnerability of the aquifer to contamination due to 
hydrogeologic characteristics. 
"(2) The number of persons or the proportion of population 
using the ground water as a drinking water source. 
"(3) The economic, social and environmental benefits that 
would result to the area from maintenance of ground water of 
high quality. 
"(4) The economic, social and environmental costs that would 
result from degradation of the quality of the ground water. 
100 STAT. 658 
^ PUBLIC LAW 99-339—JUNE 19, 1986 
"(e) CONTENTS OF APPLICATION.—An application submitted to the 
Administrator by any applicant for a demonstration program under 
this section shall meet each of the following requirements: 
' ' -^i " ' ' 
"(1) The application shall propose boundaries for the critical 
aquifer protection area within its jurisdiction. 
State and local 
"(2) The application shall designate or, if necessary, establish 
governments. 
a planning entity (which shall be a public agency and which 
•*"^ 
shall include representation of elected local and State govern-
mental officials) to develop a comprehensive management plan 
M-rioii<; };: j' y 
(hereinafter in this section referred to as the 'plan') for the 
critical protection area. Where a local government planning 
agency exists with adequate authority to carry out this section 
with respect to any proposed critical protection area, such 
agency shall be designated as the planning entity. 
State and local 
"(3) The application shall establish procedures for public 
governments. 
participation in the development of the plan, for review, ap-
• ' ' proval, and adoption of the plan, and for assistance to munici-
palities and other public agencies with authority under State 
" 
law to implement the plan. 
"(4) The application shall include a hydrogeologic assessment 
of surface and ground water resources within the critical protec-
tion area. 
"(5) The application shall include a comprehensive manage-
t Mi, ment plan for the proposed protection area. 
"(6) The application shall include the measures and schedule 
proposed for implementation of such plan. 
"(f) COMPREHENSIVE PLAN.— 
fi 
"(1) The objective of a comprehensive management plan 
c." 
submitted by an applicant under this section shall be to main-
88: i J' i 8
& r'ou 
tain the quality of the ground water in the critical protection 
area in a manner reasonably expected to protect human health, 
fee !
J bns; vfi ja 
>
(
) J the environment and ground water resources. In order to 
MfmfmnfX'f&g 
achieve such objective, the plan may be designed to maintain, to 
the maximum extent possible, the natural vegetative and 
hydrogeological conditions. Each of the following elements shall 
be included in such a protection plan: 
"(A) A map showing the detailed boundary of the critical 
protection area. 
"(B) An identification of existing and potential point and 
nonpoint sources of ground water degradation. 
"(C) An assessment of the relationship between activities 
on the land surface and ground water quality. 
"(D) Specific actions and management practices to be 
implemented in the critical protection area to prevent ad-
verse impacts on ground water quality. 
"(E) Identification of authority adequate to implement 
fjj J. j 
the plan, estimates of program costs, and sources of State 
matching funds. 
,,^jjj 
"(2) Such plan may also include the following: 
"(A) A determination of the quality of the existing ground 
^jg„j 
water recharged through the special protection area and 
a
^
^ ., 
the natural recharge capabilities of the special protection 
area watershed. 
h'o' 1
- 
'^^^ Requirements designed to maintain existing under-
f. ,!^ I 
ground drinking water quality or improve underground 
j'b^ : 
drinking water quality if prevailing conditions fail to meet 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 659 
drinking water standards, pursuant to this Act and State 
law. 
"(C) Limits on Federal, State, and local government, 
State and local 
financially 
assisted activities and projects which may governments, 
contribute to degradation of such ground water or any loss 
of natural surface and subsurface infiltration of purifi-
cation capability of the special protection watershed. 
"(D) A comprehensive statement of land use management 
including emergency contingency planning as it pertains to 
the maintenance of the quality of underground sources of 
drinking water or to the improvement of such sources if 
necessary to meet drinking water standards pursuant to 
this Act and State law. 
, 
. , T S . 
"(E) Actions in the special protection area which would 
avoid adverse impacts on water quality, recharge capabili-
ties, or both. 
"(F) Consideration of specific techniques, which may in-
clude clustering, transfer of development rights, and other 
innovative measures sufficient to achieve the objectives of 
this section. 
"(G) Consideration of the establishment of a State institu-
tion to facilitate and assist funding a development transfer 
credit system. 
"(H) A program for State and local implementation of the 
plan described in this subsection in a manner that will 
insure the continued, uniform, consistent protection of the 
critical protection area in accord with the purposes of this 
section. 
"(I) Pollution abatement measures, if appropriate. 
"(g) PLANS UNDER SECTION 208 OF THE CLEAN WATER ACT.—A plan 
approved before the enactment of the Safe Drinking Water Act 
Amendments of 1986 under section 208 of the Clean Water Act to 
protect a sole source aquifer designated under section 1424(e) of this 
Act shall be considered a comprehensive management plan for the 
purposes of this section. 
"(h) CONSULTATION AND HEARINGS.—During the development of a 
comprehensive management plan under this section, the planning 
entity shall consult with, and consider the comments of, appropriate 
officials of any municipality and State or Federal agency which has 
jurisdiction over lands and waters within the special protection 
area, other concerned organizations and technical and citizen ad-
visory committees. The planning entity shall conduct public hear-
ings at places within the special protection area for the purpose of 
providing the opportunity to comment on any aspect of the plan. 
"(i) APPROVAL OR DISAPPROVAL.—Within 120 days after receipt of 
an application under this section, the Administrator shall approve 
or disapprove the application. The approval or disapproval shall be 
based on a determination that the critical protection area satisfies 
the criteria established under subsection (d) and that a demonstra-
tion program for the area would provide protection for ground water 
quality consistent with the objectives stated in subsection (f). The 
Administrator shall provide to the Governor a written explanation 
of the reasons for the disapproval of any such application. Any 
petitioner may modify and resubmit any application which is not 
approved. Upon approval of an application, the Administrator may Contracts. 
enter into a cooperative agreement with the applicant to establish a 
demonstration program under this section. 
State and local 
governments. 
State and local 
governments. 
33 use 1288. 
42 use 300h-3. 
State and local 
governments. 
100 STAT. 660 
PUBLIC LAW 99-339—JUNE 19, 1986 
Contracts. 
33 use 1288. 
42 u s e 300h-3. 
33 use 1251 
note. 
42 use 6901 
note. 
42 use 9601 
note. 
State and local 
governments. 
IW' 
eompacts 
between States. 
State and local 
governments. 
42 use 3001. 
42 use 300h-7. 
"(j) GRANTS AND REIMBURSEMENT.—Upon entering a cooperative 
agreement under subsection (i), the Administrator may provide to 
the applicant, on a matching basis, a grant of 50 per centum of the 
costs of implementing the plan established under this section. The 
Administrator may also reimburse the applicant of an approved 
plan up to 50 per centum of the costs of developing such plan, except 
for plans approved under section 208 of the Clean Water Act. The 
total amount of grants under this section for any one aquifer, 
designated under section 1424(e), shall not exceed $4,000,000 in any 
one fiscal year. 
"(k) ACTIVITIES FUNDED UNDER OTHER LAW.—No funds authorized 
under this subsection may be used to fund activities funded under 
other sections of this Act or the Clean Water Act, the Solid Waste 
Disposal Act, the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 or other environmental laws. 
"(1) REPORT.—Not later than December 31, 1989, each State shall 
submit to the Administrator a report assessing the impact of the 
program on ground water quality and identifying those measures 
found to be effective in protecting ground water resources. No later 
than September 30, 1990, the Administrator shall submit to Con-
gress a report summarizing the State reports, and assessing the 
accomplishments of the sole source aquifer demonstration program 
including an identification of protection methods found to be most 
effective and recommendations for their application to protect 
ground water resources from contamination whenever necessary. 
"(m) SAVINGS PROVISION.—Nothing under this section shall be 
construed to amend, supersede or abrogate rights to quantities of 
water which have been established by interstate water compacts. 
Supreme Court decrees, or State water laws; or any requirement 
imposed or right provided under any Federal or State environ-
mental or public health statute.". 
SEC. 204. EMERGENCY POWERS. 
Section 1431 of the Safe Drinking Water Act is amended as 
follows: 
(1) In the first sentence of subsection (a) add the words "or an 
underground source of drinking water" after the words "to 
enter a public water system". 
(2) In the last sentence of subsection (a) add "including orders 
requiring the provision of alternative water supplies by persons 
who caused or contributed to the endangerment," after the 
words "including travelers),". 
(3) In subsection O
t
>
)
: 
(A) Strike "willfully". 
(B) Strike "fined not more than" and insert in lieu 
thereof "subject to a civil penalty of not to exceed". 
SEC. 205. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION 
AREAS. 
The Safe Drinking Water Act is amended by adding the following 
new section after section 1427, as added by section 203 of this Act: 
"SEC. 1428. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION 
AREAS. 
"(a) STATE PROGRAMS.—The Governor or Governor's designee of 
each State shall, within 3 years of the date of enactment of the Safe 
Drinking Water Act Amendments of 1986, adopt and submit to the 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 661 
Administrator a State program to protect wellhead areas within 
their jurisdiction from contaminants which may have any adverse 
effect on the health of persons. Each State program under this 
section shall, at a minimum— 
"(1) specify the duties of State agencies, local governmental 
entities, and public water supply systems with respect to the 
development and implementation of programs required by this 
section; 
"(2) for each wellhead, determine the wellhead protection 
area as defined in subsection (e) based on all reasonably avail-
able hydrogeologic information on ground water flow, recharge 
and discharge and other information the State deems necessary 
to adequately determine the wellhead protection area; 
"(3) identify within each wellhead protection area all poten-
tial anthropogenic sources of contaminants which may have any 
adverse effect on the health of persons; 
"(4) describe a program that contains, as appropriate, tech-
nical assistance, financial assistance, implementation of control 
measures, education, training, and demonstration projects to 
protect the water supply within wellhead protection areas from 
such contaminants; 
"(5) include contingency plans for the location and provision 
of alternate drinking water supplies for each public water 
system in the event of well or wellfield contamination by such 
contaminants; and 
"(6) include a requirement that consideration be given to all 
potential sources of such contaminants within the expected 
wellhead area of a new water well which serves a public water 
supply system. 
"(b) PUBLIC PARTICIPATION.—To the maximum extent possible, 
each State shall establish procedures, including but not limited to 
the establishment of technical and citizens' advisory committees, to 
,, , ^,, 
encourage the public to participate in developing the protection 
program for wellhead areas. Such procedures shall include notice 
and opportunity for public hearing on the State program before it is 
submitted to the Administrator. 
"(c) DISAPPROVAL.— 
"(1) IN GENERAL.—If, in the judgment of the Administrator, a 
.gir^xidH 
State program (or portion thereof, including the definition of a 
wellhead protection area), is not adequate to protect public 
water systems as required by this section, the Administrator 
shall disapprove such program (or portion thereof). A State 
program developed pursuant to subsection (a) shall be deemed 
to be adequate unless the Administrator determines, within 9 
months of the receipt of a State program, that such program (or 
portion thereof) is inadequate for the purpose of protecting 
public water systems as required by this section from contami-
nants that may have any adverse effect on the health of per-
sons. If the Administrator determines that a proposed State 
program (or any portion thereof) is inadequate, the Adminis-
trator shall submit a written statement of the reasons for such 
determination to the Governor of the State. 
"(2) MODIFICATION AND RESUBMISSION.—Within 6 months after 
receipt of the Administrator's written notice under paragraph 
'^ 
(1) that any proposed State program (or portion thereof) is 
' 
inadequate, the Governor or Governor's designee, shall modify 
100 STAT. 662 
PUBLIC LAW 99-339—JUNE 19, 1986 
33 u s e 1251 
note. 
42 use 6901 
note. 
42 use 9601 
note. 
Reports. 
President of U.S. 
the program based upon the recommendations of the Adminis-
trator and resubmit the modified program to the Administrator. 
' "(d) FEDERAL ASSISTANCE.—After the date 3 years after the enact-
ment of this section, no State shall receive funds authorized to be 
appropriated under this section except for the purpose of im-
plementing the program and requirements of paragraphs (4) and (6) 
of subsection (a). 
"(e) DEFINITION OF WELLHEAD PROTECTION AREA.—AS used in this 
section, the term 'wellhead protection area' means the surface and 
subsurface area surrounding a water well or wellfield, supplying a 
public water system, through which contaminants are reasonably 
likely to move toward and reach such water well or wellfield. The 
extent of a wellhead protection area, within a State, necessary to 
provide protection from contaminants which may have any adverse 
effect on the health of persons is to be determined by the State in 
the program submitted under subsection (a). Not later than one year 
after the enactment of the Safe Drinking Water Act Amendments of 
1986, the Administrator shall issue technical guidance which States 
may use in making such determinations. Such guidance may reflect 
such factors as the radius of influence around a well or wellfield, the 
depth of drawdown of the water table by such well or wellfield at 
any given point, the time or rate of travel of various contaminants 
in various hydrologic conditions, distance from the well or wellfield, 
or other factors affecting the likelihood of contaminants reaching 
the well or wellfield, taking into account available engineering 
pump tests or comparable data, field reconnaissance, topographic 
information, and the geology of the formation in which the well or 
wellfield is located. 
"(f) PROHIBITIONS.— 
"(1) ACTIVITIES UNDER OTHER LAWS.—No funds authorized to 
be appropriated under this section may be used to support 
activities authorized by the Federal Water Pollution Control 
Act, the Solid Waste Disposal Act, the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980, or 
other sections of this Act. 
"(2) INDIVIDUAL SOURCES.—No funds authorized to be appro-
priated under this section may be used to bring individual 
sources of contamination into compliance. 
"(g) IMPLEMENTATION.—Each State shall make every reasonable 
effort to implement the State wellhead area protection program 
under this section within 2 years of submitting the program to the 
Administrator. Each State shall submit to the Administrator a 
biennial status report describing the State's progress in implement-
ing the program. Such report shall include amendments to the State 
program for water wells sited during the biennial period. 
"(h) 
FEDERAL 
AGENCIES.—Each 
department, 
agency, 
and 
instrumentality of the executive, legislative, and judicial branches 
of the Federal Government having jurisdiction over any potential 
source of contaminants identified by a State program pursuant to 
the provisions of subsection (a)(3) shall be subject to and comply with 
all requirements of the State program developed according to 
subsection (a)(4) applicable to such potential source of contaminants, 
both substantive and procedural, in the same manner, and to the 
same extent, as any other person is subject to such requirements, 
including payment of reasonable charges and fees. The President 
may exempt any potential source under the jurisdiction of any 
department, agency, or instrumentality in the executive branch if 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 663 
the President determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted due to 
the lack of an appropriation unless the President shall have specifi-
cally requested such appropriation as part of the budgetary process 
and the Congress shall have failed to make available such requested 
appropriations. 
"(i) ADDITIONAL REQUIREMENT.— 
"(1) IN GENERAL.—In addition to the provisions of subsection 
(a) of this section, States in which there are more than 2,500 
active wells at which annular injection is used as of January 1, 
1986, shall include in their State program a certification that a 
State program exists and is being adequately enforced that 
provides protection from contaminants which may have any 
adverse effect on the health of persons and which are associated 
with the annular injection or surface disposal of brines associ-
ated with oil and gas production. 
"(2) DEFINITION.—For purposes of this subsection, the term 
'annular injection' means the reinjection of brines associated 
with the production of oil or gas between the production and 
surface casings of a conventional oil or gas producing well. 
"(3) REVIEW.—The Administrator shall conduct a review of 
each program certified under this subsection. 
"(4) DISAPPROVAL.—If a State fails to include the certification 
required by this subsection or if in the judgment of the Adminis-
trator the State program certified under this subsection is not 
being adequately enforced, the Administrator shall disapprove 
the State program submitted under subsection (a) of this 
section, 
"(j) COORDINATION WITH OTHER LAWS.—Nothing in this section 
shall authorize or require any department, agency, or other 
instrumentality of the Federal Government or State or local govern-
ment to apportion, allocate or otherwise regulate the withdrawal or 
beneficial use of ground or surface waters, so as to abrogate or 
modify any existing rights to water established pursuant to State or 
Federal law, including interstate compacts.". 
Health and 
medical care. 
Petroleum and 
petroleum 
products. 
Natural gas. 
O
O
^
: Mum 
TITLE III—GENERAL PROVISIONS 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
(a) 
TECHNICAL ASSISTANCE AND EMERGENCY GRANTS.—Section 
1442(f) of the Safe Drinking Water Act is amended by inserting the 
following at the end thereof: "There are authorized to be appro-
priated to carry out subsection (a)(2)(B) not more than the following 
amounts: 
"Fiscal year: 
Amount 
1987 
$7,650,000 
1988 
7,650,000 
1989 
8,050,000 
1990 
8,050,000 
1991 
8,050,000 
There are authorized to be appropriated to carry out the provisions 
of this section (other than subsection (g), subsection (a)(2)(B), and 
provisions relating to research), not more than the following 
amounts: 
"Fiscal year: 
Amount 
1987 
$35,600,000 
1988 
35,600,000 
42 u s e 300J-1. 
,«..»ift. 
100 STAT. 664 
PUBLIC LAW 99-339—JUNE 19, 1986 
42 use 300J-2. 
,f'/\ 
42 u s e 300j. 
42 u s e 300h-7. 
Grants. 
state and local 
governments. 
-vcoe 'ym s> 
. t-*} 
Ante, p. 657. 
Grants. 
1989 
88,020.000 
1990 
38,020,000 
1991 
;W,020,(H)0". 
(b) STATE SUPERVISION PROGRAMS.—Section 1443(a)(7) of the Safe 
Drinking Water Act is amended by adding at the end thereof: "For 
the purposes of making grants under paragraph (1) there are au-
thorized to be appropriated not more than the following amounts: 
"Fiscal year: 
Amount 
1987 
$37,200,000 
1988 
:^7,200,()00 
1989 
40,150,000 
1990 
40,150,000 
1991 
40,150,000". 
(c) UNDERGROUND WATER SOURCE PROTECTION PROGRAM.—Section 
1443(b)(5) of the Safe Drinking Water Act is amended by adding the 
following at the end thereof: "For the purpose of making grants 
under paragraph (1) there are authorized to be appropriated not 
more than the following amounts: 
"Fiscal year: 
Amoum 
1987 
$19,700,000 
1988 
19,700,000 
1989 
20,850.000 
1990 
20,850,000 
1991 
20,850,000". 
(d) EXTENSION OF AUTHORITY.—Section 1441(f) of the Safe Drink-
ing Water Act is amended by striking out "in effect" and all that 
follows and substituting "in effect for more than one year". 
(e) PROTECTION OF WELLHEAD AREAS.—Section 1428 of the Safe 
Drinking Water Act, as added by section 205 of this Act, is amended 
by adding the following new subsection at the end thereof: 
"(k) AUTHORIZATION OF APPROPRIATIONS.—Unless the State pro-
gram is disapproved under this section, the Administrator shall 
make grants to the State for not less than 50 or more than 90 
percent of the costs incurred by a State (as determined by the 
Administrator) in developing and implementing each State program 
under this section. For purposes of making such grants there is 
authorized to be appropriated not more than the following amounts: 
"Fiscal year: 
Amount 
1987 
$20,000,000 
1988 
20,000,000 
1989 
35,000,000 
1990 
35,000,000 
1991 
35,000,000". 
(f) PROTECTION OF SOLE OR PRINCIPAL SOURCE GROUND WATER 
RECHARGE AREAS.—Section 1427 of the Safe Drinking Water Act, as 
added by this Act, is amended by adding the following new subsec-
tion at the end thereof: 
"(n) AUTHORIZATION.—There are authorized to be appropriated to 
carry out this section not more than the following amounts: 
"Fiscal year: 
Amount 
1987 
$10,000,000 
1988 
15,000,000 
1989 
17,500,000 
1990 
17,500,000 
1991 
17,.500,000 
Matching grants under this section may also be used to implement 
or update any water quality management plan for a sole or principal 
source aquifer approved (before the date of the enactment of this 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 665 
:.Jiii 
section) by the Administrator under section 208 of the Federal 
Water Pollution Control Act.". 
33 USC 1288. 
(g) TECHNICAL ASSISTANCE FOR SMALL SYSTEMS.—Section 1442(g) of 
42 use 300j-i. 
the Safe Drinking Water Act, as added by section 107 of this Act, is 
amended by adding the following at the end thereof: "There are 
authorized to be appropriated to carry out this subsection 
$10,000,000 for each of the fiscal years 1987 through 1991. Not less 
than the greater of^ 
"(1)3 percent of the amounts appropriated under this subsec-
tion, or 
"(2) $280,000 
Indians, 
shall be utilized for technical assistance to public water systems 
owned or operated by Indian tribes.". 
(h) 
MONITORING 
FOR UNREGULATED 
CONTAMINANTS.—Section 
42 USC 300j-4. 
1445(a) of the Safe Drinking Water Act, as amended by section 106 of 
this Act, is further amended by adding the following new paragraph 
at the end thereof: 
"(8) There are authorized to be appropriated $30,000,000 in 
the fiscal year ending September 30, 1987 to remain available 
until expended to carry out the provisions of this subsection.". 
SEC. 302. INDIAN TRIBES. 
(a) IN GENERAL.—Part E of the Safe Drinking Water Act is 
amended by adding the following new section after section 1450: 
"SEC. 1451. INDIAN TRIBES. 
42 USC 300J-11. 
"(a) IN GENERAL.—Subject to the provisions of subsection (b), the 
Administrator— 
"(1) is authorized to treat Indian Tribes as States under this 
title, 
"(2) may delegate to such Tribes primary enforcement respon-
sibility for public water systems and for underground injection 
control, and 
"(3) may provide such Tribes grant and contract assistance to Grants, 
carry out functions provided by this title. 
Contracts. 
"(b) EPA REGULATIONS.— 
"(1) SPECIFIC PROVISIONS.—The Administrator shall, within 18 
months after the enactment of the Safe Drinking Water Act 
Amendments of 1986, promulgate final regulations specifying 
those provisions of this title for which it is appropriate to treat 
Indian Tribes as States. Such treatment shall be authorized 
only if: 
"(A) the Indian Tribe is recognized by the Secretary of 
the Interior and has a governing body carrying out substan-
tial governmental duties and powers; 
"(B) the functions to be exercised by the Indian Tribe are 
within the area of the Tribal Government's jurisdiction; 
and 
"(C) the Indian Tribe is reasonably expected to be ca-
pable, in the Administrator's judgment, of carrying out the 
functions to be exercised in a manner consistent with the 
terms and purposes of this title and of all applicable 
regulations. 
"(2) PROVISIONS WHERE TREATMENT AS STATE INAPPROPRIATE.— 
For any provision of this title where treatment of Indian Tribes 
as identical to States is inappropriate, administratively infeasi-
ble or otherwise inconsistent with the purposes of this title, the 
\}t^ 
100 STAT. 666 
PUBLIC LAW 99-339—JUNE 19, 1986 
i 
Administrator may include in the regulations promulgated 
under this section, other means for administering such provi-
sion in a manner that will achieve the purpose of the provision. 
Health and 
Nothing in this section shall be construed to allow Indian Tribes 
medical care. 
to assume or maintain primary enforcement responsibility for 
public water systems or for underground injection control in a 
. 
manner less protective of the health of persons than such 
responsibility may be assumed or maintained by a State. An 
Indian tribe shall not be required to exercise criminal enforce-
ment jurisdiction for purposes of complying with the preceding 
sentence.", 
(b) DEFINITIONS.— 
42 use 300f. 
(1) INDIAN TRIBE.—Section 1401 of such Act is amended by 
inserting the following at the end thereof: 
"(14) The term 'Indian Tribe' means any Indian tribe having a 
Federally recognized governing body carrying out substantial 
governmental duties and powers over any area.". 
(2) MUNICIPALITY.—Section 1401 of such Act is amended by 
striking out from paragraph (10) the words "Indian tribal 
organization authorized by law" and substituting "Indian 
Tribe". 
42 u s e 300h-l. 
(C) PRIMARY ENFORCEMENT RESPONSIBILITY.—Section 1422 of SUch 
Act is amended by adding the following new subsection at the end 
thereof: 
ir-iocf; s
H * 
"(®^ ^^ Indian Tribe may assume primary enforcement respon-
sibility for underground injection control under this section consist-
ent with such regulations as the Administrator has prescribed 
42 use 300h et 
pursuant to Part C and section 1451 of this Act. The area over which 
seq.; ante, p. 665. such Indian Tribe exercises governmental jurisdiction need not have 
been listed under subsection (a) of this section, and such Tribe need 
not submit an application to assume primary enforcement respon-
sibility within the 270-day deadline noted in subsection (b)(1)(A) of 
this section. Until an Indian Tribe assumes primary enforcement 
. ,;^!"' 
responsibility, the currently applicable underground injection con-
trol program shall continue to apply. If an applicable underground 
injection control program does not exist for an Indian Tribe, the 
Administrator shall prescribe such a program pursuant to subsec-
42 use 300h. 
tion (c) of this section, and consistent with section 1421(b), within 
270 days after the enactment of the Safe Drinking Water Act 
Amendments of 1986, unless an Indian Tribe first obtains approval 
to assume primary enforcement responsibility for underground 
injection control.". 
42 use 300J-2. 
(d) GRANTS.—(1) Section 1443(a)(2) of the Safe Drinking Water Act 
is amended by adding the following at the end thereof: "The prohibi-
tions contained in the preceding two sentences shall not apply to 
such grants when made to Indian Tribes.". 
(2) Section 1443(b)(2) of such Act is amended by adding the follow-
ing new sentence at the end thereof: "The prohibition contained in 
the preceding sentence shall not apply to such grants when made to 
Indian Tribes.". 
(e) STUDY.—The Administrator of the Environmental Protection 
Agency, in cooperation with the Director of the Indian Health 
Service, shall, within 12 months after the enactment of this Act, 
conduct a survey of drinking water on Indian reservations, identify-
ing drinking water problems and the need, if any, for alternative 
drinking water supplies. 
PUBLIC LAW 99-339—JUNE 19, 1986 
100 STAT. 667 
SEC. 303. JUDICIAL REVIEW. 
Section 1448(a) of the Safe Drinking Water Act is amended as 42 USC 300j-7. 
follows: 
(1) Amend paragraph (1) to read as follows: 
"(1) actions pertaining to the establishment of national pri-
mary drinking water regulations (including maximum contami-
nant level goals) may be filed only in the United States Court of 
Appeals for the District of Columbia circuit; and". 
(2) Amend paragraph (2) to read as follows: 
"(2) any other action of the Administrator under this Act may 
be filed in the circuit in which the petitioner resides or trans-
acts business which is directly affected by the action.". 
SEC. 304. MISCELLANEOUS PROVISIONS. 
(a) REPEAL.—Section 1442(e) of the Safe Drinking Water Act is 42 USC 300j-l. 
repealed. 
(b) COMPARATIVE HEALTH EFFECTS ASSESSMENT.—The Adminis- 42 USC 300j-i 
trator of the Environmental Protection Agency shall conduct a "°*®-
comparative health effects assessment, using available data, to com-
pare the public health effects (both positive and negative) associated 
with water treatment chemicals and their byproducts to the public 
health effects associated with contaminants found in public water 
supplies. Not later than 18 months after the date of the enactment 
Reports, 
of this Act, the Administrator shall submit a report to the Congress 
setting forth the results of such assessment. 
Approved June 19, 1986. 
LEGISLATIVE HISTORY—S. 124 (H.R. 1650): 
HOUSE REPORTS: No. 99-168 accompanying H.R. 1650 (Comm. on Energy and 
Commerce) and No. 99-575 (Comm. of Conference). 
SENATE REPORTS: No. 99-56 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): May 16, considered and passed Senate. 
June 17, H.R. 1650 considered and passed House; proceedings 
vacated and S. 124, amended, passed in lieu. 
Vol. 132 (1986): May 13, House agreed to conference report. 
May 21, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
June 19, Presidential statement.