An Act to amend the Public Health Service Act to assure that the public is provided with safe drinking water, and for other purposes.
PL 93-523 (S.433), enacted 12/16/1974

1660 
PUBLIC LAW 93-522-DEC. 14, 1974 
[88 STAT. 
Public Law 93-522 
December 14, 1974 
J O I N T 
R E S O L U T I O N 
[H.J. Res. 444] 
TO authorize the continued use of certain lands within the Sequoia National 
Park by portions of an existing hydroelectric project. 
Sequoia Na-
tional Park, 
Calif. 
Hydroelectric 
project permit. 
16 u s e 4Sa-l 
note. 
Expiration of 
permit. 
16 u s e 4Sa-l 
note. 
16 u s e 45a-l 
note. 
Rules and regu-
lations. 
16 u s e 791a. 
Report to 
Congress. 
16 u s e 45a-l 
note. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the Secretary of the 
Interior is hereby authorized to issue a permit to occupy and use lands 
of the United States within Sequoia National Park necessary for the 
continued operation, maintenance, and use of the hydroelectric project 
known as the Kaweah Number 3 project of Southern California Edison 
Company. 
SEC. 2. The term of such permit shall expire not later than the 
expiration of existing or future licenses granted by the Federal Power 
Commission to Southern California Edison Company for said Kaweah 
Number 3 project (Federal Power Commission project numbered 298), 
but in no event shall the term of such permit extend for any period in 
excess of ten years following the date of its issuance, unless specifically 
authorized by law. Such permit shall contain such other terms and 
conditions as the Secretary of the Interior shall deem necessary for 
the protection and utilization of Sequoia National Park. 
SEC. 3. Such permit shall specifically recite that the privileges 
granted thereby are to be exercised in accordance with the Federal 
Power Act (16 U.S.C. 791 (a)-825 (u)), and the rules and regulations 
thereunder which the Secretary of the Interior, after consultation 
with the Federal Power Commission, determines to be applicable. 
SEC. 4. The National Park Service shall, not less than one hundred 
and eighty days prior to the termination date of such permit, report 
to the Congress, in writing, with respect to the impact of the operations 
of the hydroelectric project (known as the Kaweah numbered 3 project 
of Southern California Edison Company) on the Sequoia National 
Park. 
Approved December 14, 1974. 
Public Law 93-523 
December 16, 1974 
A N A C T 
'
^
^
^ ^^^^ 
To amend the l*ublic Health Service Act to assure that the public is provided 
with safe drinking water, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Safe Drinking 
United Sttttcs of America in Gonqress assembled. 
Water A c t . 
' 
' 
if 
•> 
SHORT TITLE 
42 use 3oof 
SECTION 1. This Act may be cited as the "Safe Drinking Water 
"°'^- 
Act". 
PUBLIC WATER SYSTEMS 
SEC. 2. (a) The Public Health Service Act is amended by inserting 
after title X I I I the following new title: 
Post, p. 1662. 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
16611 
^'TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS 
"PART A—DEFINITIONS 
"DEFINITIONS 
"SEC. 1401. For purposes of this title: 
42 use 3oof. 
"(1) The term 'primary drinking water regulation' means a 
regulation which— 
" (A) applies to public water systems; 
"(B) specifies contaminants which, in the judgment of the 
Administrator, may have any adverse effect on the health of 
persons; 
"(C) specifies for each such contaminant either— 
"(i) a maximum contaminant level, if, in the judg-
ment of the Administrator, it is economically and tech-
nologically feasible to ascertain the level of such 
contaminant in water in public water systems, or 
" (ii) if, in the judgment of the Administrator, it is not 
economically or technologically feasible to so ascertain 
the level of such contaminant, each treatment technique 
known to the Administrator which leads to a reduction 
in the level of such contaminant sufficient to satisfy the 
requirements of section 1412; and 
"(D) contains criteria and procedures to assure a supply 
of drinking water which dependably complies with such 
maximum contaminant levels; including quality control and 
testing procedures to insure compliance with such levels and 
to insure proper operation and maintenance of the system, 
and requirements as to (i) the minimum quality of water 
which may be taken into the system and (ii) siting for new 
facilities for public water systems. 
"(2) The term 'secondary drinking water regulation' means a 
regulation which applies to public water systems and which 
specifies the maximum contaminant levels which, in the judgment 
of the Administrator, are requisite to protect the public welfare. 
Such regulations may apply to any contaminant in drinking water 
(A) which may adversely affect the odor or appearance of such 
water and consequently may cause a substantial number of the 
persons served by the public water system providing such water 
to discontinue its use, or (B) which may otherwise adversely affect 
the public w^elfare. Such regulations may vary according- to geo-
graphic and other circumstances. 
"(3) The term 'maximum contaminant level' means the maxi-
mum permissible level of a contaminant in water which is 
delivered to any user of a public water system. 
"(4) The term 'public water system' means a system for the 
provision to the public of piped water for human consumption, if 
such system has at least fifteen service connections or regularly 
serves at least twenty-five individuals. Such term includes (A) any 
collection, treatment, storage, and distribution facilities under 
control of the operator of such system and used primarily in 
1662 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
connection with such system, and (B) any collection or pretreat-
ment storage facilities not under such control which are used 
primarily in connection with such system. 
"(5) The term 'supplier of water' means any person who owns 
or operates a public water system. 
"(6) The term 'contaminant' means any physical, chemical, 
biological, or radiological substance or matter in water. 
" (7) The term 'Administrator' means the Administrator of the 
Environmental Protection Agency. 
"(8) The term 'Agency' means the Environmental Protection 
Agency. 
"(9) The term 'Council' means the National Drinking Water 
Advisory Council established under section 1446. 
" (10) The term 'municipality' means a city, town, or other pub-
lic body created by or pursuant to State law, or an Indian tribal 
organization authorized by law. 
"(11) The term 'Federal agency' means any department, 
agency, or instrumentality of the United States. 
" (12) The term 'person' means an individual, corporation, com-
pany, association, partnership. State, or municipality. 
"PART B—PUBLIC WATER SYSTEMS 
"COVERAGE 
42 use 3oog. 
"SEC. 1411. Subject to sections 1415 and 1416, national primary 
drinking water regulations under this part shall apply to each public 
water system in each State; except that such regulations shall not 
apply to a public water system— 
"(1) which consists only of distribution and storage facilities 
(and does not have any collection and treatment facilities) ; 
"(2) which obtains all of its water from, but is not owned or 
operated by, a public water system to which such regulations 
apply; 
"(3) which does not sell water to any person; and 
"(4) which is not a carrier which conveys passengers in inter-
state commerce. 
"NATIONAL DRINKING WATER REGULATIONS 
42usc3oog.i. 
ugj,^^ :j4;^2. (a)(1) The Administrator shall publish proposed 
national interim primary drinking water regulations within 90 days 
after the date of enactment of this title. Within 180 days after such 
date of enactment, he shall promulgate such regulations with such 
modifications as he deems appropriate. Regulations under this para-
graph may be amended from time to time. 
" (2) National interim primary drinking water regulations promul-
gated under paragraph (1) shall protect health to the extent feasible, 
using technology, treatment techniques, and other means, which the 
Administrator determines are generally available (taking costs into 
consideration) on the date of enactment of this title. 
88 STAT. ] 
PUBLIC LAW93-523-DEC. 16, 1974 
1663 
" (3) The interim primary regulations first promulgated under para-
graph (1) shall take effect eighteen months after the date of their 
promulgation. 
"(b) (1) (A) Within 10 days of the date the report on the study 
conducted pursuant to subsection (e) is submitted to Congress, the 
Administrator shall publish in the Federal Register, and provide 
o[)portunity for comment on, the— 
"(i) proposals in the report for recommended maximum con-
taminant levels for national primary drinking water regulations, 
and 
"(ii) list in the report of contaminants the levels of which in 
drinking water cannot be determined but which may have an 
adverse effect on the health of persons. 
"(B) Within 90 days after the date the Administrator makes the 
publication i-equired by subparagraph (A), he shall by rule establish 
rocommended maximum contaminant levels for each contaminant 
which, in his judgment based on the report on the study conducted 
pui-suant to subsection (e), may have any adverse effect on the health 
of persons. p]ach such recommended maxinuun contaminant level shall 
be set at a level at wliich, in the Administrator's judgment based on 
such report, no known or anticipated adverse eft'ects on the health of 
persons occur- and which allows an adequate margin of safety. In 
addition, he shall, on the basis of the report on the study conducted 
pursuant to subsection (e), list in the rules under this subparagraph 
any contaminant the lev'el of Avhicli cannot be accurately enough 
measured in drinking water to establish a reconnnended maximum 
cojitaminant level and Avhich may have any ad\erse effect on the health 
of persons. Based on information available to him. the Administra-
tor may by rule change reconnnended levels established under this 
subparagraph or change such list. 
"(2) On the date the Administrator establishes pursuant to para-
gi'aph (1)(B) recommended maxinmm contaminant levels he shall 
publish in the F'edei-al Register proposed revised national pidmary 
drinking water regulations (meeting the requirements of paragraph 
(3)). Within 180 days after the date of such proposed regulations, he 
shall pronnilgate such revised drinking water regulations with such 
modifications as he deems appropriate. 
"(3) Revdsed national primary drinking water regulations promul-
gated under paragraph (2) of this subsection shall be primary drink-
ing water regulations which specify a maximum contaminant level or 
require the use of treatment techniques for each contaminant for- which 
a recommended maximum contaminant level is established or which is 
listed in a rule under paragraph (1) (B). The maximum contaminant 
level specified in a revised national primary drinking water regulation 
for a contaminant shall be as close to the reconmiended maximum 
contaminant level established under paragraph (1) (B) for such con-
taminant as is feasible. A required treatment technique for a contam-
inant for which a recommended maximum contaminant level has been 
established under paragraph (1) (B) shall reduce such contaminant to 
a level which is as close to the recommended maximum contaminant 
level for such contaminant as is feasible. A required treatment tech-
nique for a contaminant which is listed under paragraph (1) (B) shall 
Publication in 
Federal Regis-
ter. 
Recommended 
maximum con-
taminant levels. 
Publication in 
Federal Regis-
ter. 
1664 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
" F e a s i b l e . " 
Proposed na-
tional secondary 
drinking water 
regulations, pub-
lication. 
Hearing. 
Study. 
Report to 
Congress. 
require treatment necessary in the Administrator's judgment to pre-
vent known or anticipated adverse effects on the health of persons to 
the extent feasible. For purposes of this paragraph, the term 'feasible' 
means feasible with the use of the best technology, treatment tech-
niques, and other means, which the Administrator finds are generally 
available (taking cost into consideration). 
"(4) Revised national primary drinking water regulations shall be 
amended whenever changes in technology, treatment techniques, and 
other means permit greater protection of the health of persons, but in 
any event such regulations shall be reviewed at least once every 3 years. 
"(5) Revised national primary drinking water regulations promul-
gated under this subsection (and amendments thereto) shall take 
effect eighteen months after the date of their promulgation. Regula-
tions under subsection (a) shall be superseded by regulations under 
this subsection to the extent provided by the regulations under this 
subsection. 
"(6) No national primary drinking water regulation may require 
the addition of any substance for preventive health care purposes 
unrelated to contamination of drinking water. 
"(c) The Administrator shall publish proposed national secondary 
drinking water regulations within 270 days after the date of enact-
ment of this title. Within 90 days after publication of any such regu-
lation, he shall promulgate such regulation with such modifications 
as he deems appropriate. Regulations under this subsection may be 
amended from time to time. 
"(d) Regulations under this section shall be prescribed in accord-
ance with section 553 of title 5, United States Code (relating to rule-
making), except that the Administrator shall provide opportunity 
for public hearing prior to promulgation of such regulations. In pro-
posing and promulgating regulations under this section, the Admin-
istrator shall consult with the Secretary and the National Drinking 
Water Advisory Council. 
"(e)(1) The Administrator shall enter into appropriate arrange-
ments with the National Academy of Sciences (or with another inde-
pendent scientific organization if appropriate arrangements cannot be 
made with such Academy) to conduct a study to determine (A) the 
maximum contaminant levels which should be recommended under 
subsection (b) (2) in order to protect the health of persons from any 
known or anticipated adverse effects, and (B) the existence of any 
contaminants the levels of which in drinking water cannot be deter-
mined but which may have an adverse effect on the health of persons. 
"(2) The result of the study shall be reported to Congress no later 
than 2 years after the date of enactment of this title. The report shall 
contain (A) a summary and evaluation of relevant publications and 
unpublished studies; (B) a statement of methodologies and assump-
tions for estimating the levels at which adverse health effects may 
occur; (C) a statement of methodologies and assumptions for esti-
mating the margin of safety which should be incorporated in the 
national primary drinking water regulations; (D) proposals for 
recommended maximum contaminant levels for national primary 
drinking Avater regulations, based on the methodologies, assumptions, 
and studies referred to in clauses (A), (B), and (C) and in para-
graph (4) ; (E) a list of contaminants the level of which in drinking 
water cannot be determined but which may have an adverse effect 
on the health of persons; and (F) recommended studies and test 
protocols for future research on the health effects of drinking water 
contaminants, including a list of the major research priorities and 
estimated costs necessary to conduct such priority research. 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1665 
"(3) In developing its proposals for recommended maximum con-
taminant levels under paragraph (2) (D) the National Academy of 
Sciences (or other organization preparing the report) shall evaluate 
find explain (separately and in composite) the impact of the following 
considerations: 
"(A) The existence of groups or individuals in the population 
which are more susceptible to adverse effects than the normal 
healthy adult. 
"(B) The exposure to contaminants in other media than drink-
ing water (including exposures in food, in the ambient air, and 
in occupational settings) and the resulting body burden of 
contaminants. 
"(C) Synergistic effects resulting from exposure to or inter-
action by two or more contaminants. 
"(D) The contaminant exposure and body burden levels which 
alter physiological function or structure in a manner reasonably 
suspected of increasing the risk of illness. 
"(4) In making the study under this subsection, the National Acad-
emy of Sciences (or other organization) shall collect and correlate 
(A) morbidity and mortality data and (B) monitored data on the 
quality of drinking water. Any conclusions based on such coi'relation 
shall be included in the i-eport of the study. 
"(5) Neither the report of the study under this subsection nor any 
draft of such report shall be submitted to the Office of Management 
and Budget or to any other Federal agency (other than the Environ-
mental Protection Agency) prior to its submission to Congress. 
"(6) Of the funds authorized to be appropriated to the Administra-
tor by this title, such amounts as may be required shall be available to 
carry out the study and to make the repoi-t directed by paragraph (2) 
of this subsection. 
Report, submit-
tal to OMB. 
Funds. 
"STATE PRIMAKY ENFORCEMI'IXT KESPONSIBTI.ITY 
"SEC. 1413. (a) For purposes of this title, a State has primary 
enforcement responsibility for public Avater systems during any period 
for which the Administrator determines (pursuant to regulations pre-
sci'ibed under subsection (b)) that such State— 
"(1) has adopted drinking water regulations w^iich (A) in the 
case of the period beginning on the date the national interim pri-
mary drinking water regulations are promulgated under section 
1412 and ending on the date such regulations take effect are no 
less stringent than such regulations, and (B) in the case of the 
period after such effective date are no less stringent than the 
interim and revised national primary drinking water regulations 
in effect under such section; 
"(2) has adopted and is implementing adequate procedures for 
the enforcement of such State regulations, including conducting 
such monitoring and making such inspections as the Admin-
istrator may require by regulation; 
"(3) will keep such records and make such reports with respect 
to its activities under paragraphs (1) and (2) as the Administra-
tor may require by regulation; 
"(4) if it permits variances or exemptions, or both, from the 
requirements of its drinking water regulations Avhich meet the 
requirements of paragraph (1), permits such variances and 
exemptions under conditions and in a manner which is not less 
stringent than the conditions under, and the manner in, which 
variances and exemptions mav be granted under sections 1415 and 
1416; and 
42 u s e 300g-2, 
Notice and 
hearing. 
Publication in 
Federal RegiS' 
1666 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
"(5) has adopted and can implement an adequate plan for the 
provision of safe drinking water under emergency circumstances. 
Regulations. 
"(b)(1) The Administrator shall, by regulation (proposed within 
180 days of the date of the enactment of this title), prescribe the man-
ner in which a State may apply to the Administrator for a determina-
tion that the requirements of paragraphs (1), (2), (3), and (4) of 
subsection (a) are satisfied with respect to the State, the manner in 
which the determination is made, the period for which the determina-
tion will be effective, and the manner in which the Administrator may 
determine that such requirements are no longer met. Such regulations 
shall require that before a determination of the Administrator that 
such requirements are met or are no longer met with respect to a State 
may become effective, the Administrator shall notify such State of the 
determination and the reasons therefor and shall provide an oppor-
tunity for public hearing on the determination. Such regulations shall 
ter. 
" 
be promulgated (with such modifications as the Administrator deems 
appropriate) within 90 days of the publication of the proposed regula-
Notice. 
tions in the Federal Register. The Administrator shall promptly notify 
in writing the chief executive officer of each State of the promulgation 
of regulations under this paragraph. Such notice shall contain a copy 
of the regulations and shall specify a State's authority under this title 
when it is determined to have primary enforcement responsibility for 
public water systems. 
Applications. 
'^{2) Whcu au application is submitted in accordance with the 
Administrator's regulations under paragraph (1), the Administrator 
shall within 90 days of the date on which such application is submitted 
(A) make the determination applied for, or (B) deny the application 
and notify the applicant in writing of the reasons for his denial. 
"FAILURE BY STATE TO ASSURE ENFORCEMENT OF DRINKING WATER 
REGULATIONS 
42 use 3oog-3. 
agj,^^ -^^^ (a) (1) (^) Whenever the Administrator finds during a 
period during which a State has primary enforcement responsibility 
tor public water systems (within the meaning of section 1413(a)) that 
any public water system— 
"(i) for which a variance under section 1415 or an exemption 
under section 1416 is not in effect, does not comply with any 
national primary drinking water regulation in effect under 
section 1412, 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 thereto. 
Notice. 
i^g shall so notify the State and provide such advice and technical 
assistance to such State and public water system as may be appropriate 
to bring the system into compliance with such regulation or require-
ment by the earliest feasible time. 
"(B) If the Administrator finds such failure to comply extends 
beyond the thirtieth day after the date of the notice given pursuant 
Notice. 
^
Q subparagraph (A), he shall give public notice of such finding and 
request the State to report within fifteen days from the date of such 
public notice as to the steps being taken to bring the system into 
compliance (including reasons for anticipated steps to be taken to 
bring the system into compliance and for any failure to take steps 
to bring the system into compliance). If— 
"(i) such failure to comply extends beyond the sixtieth day 
after the date of the notice given pursuant to subparagraph (A) : 
and 
Civil action. 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1667 
"(ii) (a) the State fails to submit the report I'equested by the 
Administrator Avithin the time period prescribed by the preceding 
sentence; or 
" {^) the State submits such report within such period but the 
Administrator, after considering the report, determines that the 
State abused its discretion in carrying out primary enforcement 
responsibility for public water systems by both— 
"(I) failing to implement by such sixtieth day adequate 
procedures to bring the system into compliance by the earliest 
feasible time, and 
"(II) failing to assure by such day the provision through 
alternative means of safe drinking water by the earliest 
feasible time; 
the Administrator may commence a civil action under subsection (b). 
"(2) Whenever, on the basis of information available to him, the 
civii action. 
Administrator finds during a period during which a State does not 
have primary enforcement responsibility for public water systems that 
a public water system in such State— 
"(A) for which a variance under section 1415(a)(2) or an 
exemption under section 1416(f) is not in effect, does not comply 
with any national primary drinking water regulation in effect 
under section 1412, or 
"(B) for which a variance under section 1415(a)(2) or an 
exemption under section 1416(f) is in effect, does not comply with 
any schedule or other requirement imposed pursuant thereto, 
he may commence a civil action under subsection (b). 
"(b) The Administrator may bring a civil action in the appropriate 
United States district court to require compliance with a national 
primary drinking water regulation or with any schedule or other 
requirement imposed pursuant to a variance or exemption granted 
under section 1415 or 1416 if— 
"(1) authorized under paragraph (1) or (2) of subsection 
(a), or 
"(2) if requested by (A) the chief executive officer of the State 
in which is located the public water system which is not in com-
pliance with such regulation or requirement, or (B) the agency 
of such State which has jurisdiction over compliance by public 
water systems in the State with national primary drinking water 
regulations or State drinking w^ater regulations. 
The court may enter, in an action brought under this subsection, 
Judicial deter. 
such judgment as protection of public health may require, taking into "'^"'^ ^°"' 
consideration the time necessary to comply and the availability of 
alternative water supplies; and, if the court determines that there has 
been a willful violation of the regulation or schedule or other require-
ment with respect to which the action was brought, the court may, 
taking into account the seriousness of the violation, the population 
at risk, and other appropriate factors, impose on the violator a civil 
Penalty. 
penalty of not to exceed $5,000 for each day in which such violation 
occurs. 
"(c) Each owner or operator of a public water system shall give 
Notice. 
notice to the persons served by it— 
" (1) of any failure on the part of the public water system to— 
"(A) comply with an applicable maximum contaminant 
level or treatment technique requirement of, or a testing pro-
cedure prescribed by, a national primary drinking water 
regulation, or 
1668 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
"(B) perform monitoiing- re(iuired by section 1445(a), and 
'••(2) if the public water system is subject to a variance granted 
under section 1415(a)(1)(A) or 1415(a)(2) for an inability to 
meet a maximum contaminant level requirement or is subject to 
an exemption granted under section 141(i, of—' 
"'(A) the existence of such variance or exemption, and 
"(B) any failure to comply with the requirements of any 
schedule prescribed pursuant to the variance or exemption. 
Regulations. 
-j^j^^ Admluistrator shall by regulation prescribe the form and manner 
for giving such notice. Such notice shall be given not less than once 
every 3 months, shall be given by publication in a ncAvspaper of general 
circulation serving the area served by each such water system (as 
determined by the Administrator), shall be furnished to the other 
communications media serving such area, and shall be furnished to 
the communications media as soon as practicable after the discovery 
of the violation with respect to which the notice is required. If the 
water bills of a public water system are issued more often than once 
every 8 months, such notice shall be included in at least one water 
bill of the system every 3 months, and if a public water system issues 
its water bills less often than once every 3 months, such notice shall 
Penalty. 
bc iucludcd in each of the water bills issued by the system. Any 
person who willfully violates this subsection or regulations thereunder 
shall be fined not more than $5,000. 
"(d) Whenever, on the basis of information available to him, the 
Administrator finds that within a reasonable time after national 
secondary drinking water regulations have been promulgated, one or 
more public water systems in a State do not comply with such second-
ary regulations, and that such noncompliance appears to result from 
a failure of such State to take reasonable action to assure that public 
water systems throughout such State meet such secondary regulations, 
^°'^"- 
he shall so notify the State. 
"(e) Nothing in this title shall diminish any authority of a State 
or political subdivision to adopt or enforce any law or regulation 
respecting drinking water regulations or public water systems, but no 
such law or regulation shall relieve any person of any requirement 
otherwise applicable under this title. 
"(f) If the Administi'ator makes a finding of noncompliance 
(described in subparagraph (A) or (B) of subsection (a)(1)) with 
respect to a public water system in a State which has i)rimary enforce-
ment responsibility, the Administratoi- may, for the pui-pose of assist-
ing that State in carrying out such responsibility and upon the petition 
of such State or public water system or persons sei-ved by such system, 
ubui'^hear.'^ 
liold, after appropriate notice, public hearings for- the purpose of 
ings. 
gathering information fi'om technical oi- other experts, Federal, State, 
or other public officials, representatives of such public water system, 
persons served by such system, and other interested persons on— 
" (1) the ways in which such system can within the earliest feasi-
ble time be brought into compliance with the regulation or require-
ment with respect to which such finding Avas made, and 
"(2) the means for the maximum feasible protection of the 
public health during any period in which such system is not in 
compliance with a national primary drinking water regulation 
or requirement applicable to a variance or exemption. 
On the basis of such hearings the Administrator shall issue recom-
mendations which shall be sent to such State and public water system 
and shall be made available to the public and communications media. 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1669 
"VARIANCES 
"SEC. 1415. (a) Notwithstanding any other provision of this part, 
''^ use 3oog-4. 
variances from national primary drinking water regulations may be 
granted as follows: 
"(1)(A) A State which has primary enforcement responsibility 
for public water systems may grant one or more variances from 
an applicable national primary drinking water regulation to one 
or more public water systems within its jurisdiction which, because 
of characteristics of the raw water sources which are reasonably 
available to the systems, cannot meet the requirements respecting 
the maximum contaminant levels of such drinking water regu-
lation despite application of the best technology, treatment tech-
niques, or other means, which the Administrator finds are 
generally available (taking costs into consideration). Before a 
State may grant a variance under this subparagraph, the State 
must find that the variance will not result in an unreasonable 
risk to health. If a State grants a public water system a variance 
under this subparagraph, the State shall prescribe within one 
year of the date the variance is granted, a schedule for— 
"(i) compliance (including increments of progress) by the 
public water system with each contaminant level requirement 
with respect to which the variance was granted, and 
"(ii) implementation by the public water system of such 
control measures as the State may require for each con-
taminant, subject to such contaminant level requirement, 
during the period ending on the date compliance with such 
requirement is required. 
Before a schedule prescribed by a State pursuant to this sub- j,^^°.*^'" ^
"
"
^ 
paragraph may take eifcct, the State shall provide notice and 
opportunity for a public hearing on the schedule. A notice given 
pursuant to the preceding sentence may cover the prescribing of 
more than one such schedule and a hearing held pursuant to such 
notice shall include each of the schedules covered by the notice. 
A schedule prescribed pursuant to this subparagraph for a public 
water system granted a variance shall require compliance by the 
system with each contaminant level requirement with respect to 
which the variance was granted as expeditiously as practicable 
(as the State may reasonably determine). 
"(B) A State which has primary enforcement responsibility for 
public water systems may grant to one or more public water sys-
tems within its jurisdiction one or more variances from any pro-
vision of a national primary drinking water regulation which 
requires the use of a specified treatment technique with respect to 
a contaminant if the public water system applying for the vari-
ance demonstrates to the satisfaction of the State that such treat-
ment technique is not necessary to protect the health of persons 
because of the nature of the raw water source of such system. A 
variance granted under this subparagraph shall be conditioned on 
such monitoring and other requirements as the Administrator 
may prescribe. 
"(C) Before a variance proposed to be granted by a State under 
subparagraph (A) or (B) may take effect, such State shall pro-
vide notice and opportunity for public hearing on the proposed 
variance. A notice given pursuant to the preceding sentence may 
cover the granting of more than one variance and a hearing held 
pursuant to such notice shall include each of the variances covered 
by the notice. The State shall promptly notify the Administrator 
Notice to Ad-
•
^ 
i 
i. 
. 
»7 
ministrator. 
hearing. 
Notice and 
hearing. 
1670 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
Compliance; en-
forcement. 
Review of var-
iances and 
schedules. 
Publication in 
Federal Regis-
ter. 
Publication in 
Federal Regis-
ter. 
Notice to 
State. 
of all variances granted by it. Such notification shall contain the 
reason for the variance (and in the case of a variance under sub-
paragraph (A), the basis for the finding required by that 
subparagraph before the granting of the variance) andf docu-
mentation of the need for the variance. 
"(D) Each public water system's variance granted by a State 
under subparagraph (A) shall be conditioned by the State upon 
compliance by the public water system with the schedule pre-
scribed by the State pursuant to that subparagraph. The require-
ments of each schedule prescribed by a State pursuant to that 
subparagraph shall be enforceable by the State under its laws. Any 
requirement of a schedule on which a variance granted under that 
subparagraph is conditioned may be enforced under section 1414 
as if such requirement was part of a national primary drinking 
water regulation. 
"(E) Each schedule prescribed by a State pursuant to subpara-
graph (A) shall be deemed approved by the Administrator unless 
the variance for which it was prescribed is revoked by the Admin-
istrator under subparagraph (G) or the schedule is revised by the 
Administrator under such subparagraph. 
"(F) Not later than 18 months after the effective date of the 
interim national primary drinking water regulations the Admin-
istrator shall complete a comprehensive review of the variances 
granted under subparagraph (A) (and schedules prescribed pur-
suant thereto) and under subparagraph (B) by the States during 
the one-year period beginning on such effective date. The Admin-
istrator shall conduct such subsequent reviews of variances and 
schedules as he deems necessary to carry out the purposes of this 
title, but each subsequent review shall be completed within each 
3-year period following the completion of the first review under 
this subparagraph. Before conducting any review under this sub-
paragraph, the Administrator shall publish notice of the proposed 
review in the Federal Register. Such notice shall (i) provide infor-
mation respecting the location of data and other information 
respecting the variances to be reviewed (including data and 
other information concerning new scientific matters bearing 
on such variances), and (ii) advise of the opportunity to submit 
comments on the variances reviewed and on the need for con-
tinuing them. Upon completion of any such review, the Admin-
istrator shall publish in the Federal Register the results of his 
review together with findings responsive to comments submitted 
in connection with such review. 
"(G) (i) If the Administrator finds that a State has, in a sub-
stantial number of instances, abused its discretion in granting 
variances under subparagraph (A) or (B) or that in a substan-
tial number of cases the State has failed to prescribe schedules in 
accordance with subparagraph (A), the Administrator shall 
notify the State of his findings. In determining if a State has 
abused its discretion in granting variances in a substantial number 
of instances, the Administrator shall consider the number of 
persons who are affected by the variances and if the requirements 
applicable to the granting of the variances were complied with. 
A notice under this clause shall— 
"(I) identify each public water system with respect to 
which the finding was made, 
"(II) specify the reasons for the finding, and 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1671 
"(III) as appropriate, propose revocations of specific vari-
ances or i^ropose revised schedules or otlier requirements for 
specific public Avater systems granted variances, or both, 
"(ii) The Administrator shall provide reasonable notice and hea^n"^''"'^ 
public hearing on the provisions of each notice given pursuant to 
clause (i) of this subparagraph. After a hearing on a notice pur-
suant to such clause, the Administrator shall (I) rescind the 
finding for which the notice was given and promptly notify the 
State of such rescission, or (II) promulgate (with such modifica-
tions as he deems appropriate) such variance revocations and 
revised schedules or other requirements proposed in such notice as 
he deems appi'opriate. Not later than 180 days after the date a 
notice is given pursuant to clause (i) of this subparagraph, the 
Administrator shall complete the hearing on the notice and take 
the action required by the preceding sentence. 
"(iii) If a State is notified under clause (i) of this subpara-
graph of a finding of the Administrator made with respect to 
a variance granted a public water system within that State or to 
a schedule or other requirement for a variance and if, before a 
revocation of such variance or a revision of such schedule or other 
requirement promulgated by the Administrator takes effect, the 
State takes corrective action with respect to such variance or 
schedule or other requirement which the Administrator deter-
mines makes his finding inapplicable to such variance or schedule 
or other requirement, the Administrator shall rescind the appli-
cation of his finding to that variance or schedule or other 
requirement. No variance revocation or revised schedule or other 
requirement may take effect before the expiration of 90 days 
following the date of the notice in which the revocation or revised 
schedule or other requirement was proposed. 
"(2) If a State does not have primary enforcement responsi-
bility for public water systems, the Administrator shall have the 
same authority to grant variances in such State as the State 
would have under paragraph (1) if it had primary enforcement 
responsibility. 
"'(8) The Administrator may grant a variance from any treat-
ment technique requirement of a national primary drinking water 
regulation upon a showing by any person that an alternative 
treatment technique not included in such requirement is at least 
as efficient in lowering the level of the contaminant with respect 
to which such requirement was prescribed. A variance under this 
paragraph shall be conditioned on the use of the alternativ'c 
treatment technique which is the basis of the variance. 
"(b) Any schedule or other requirement on which a variance granted 
under paragraph (1)(B) or (2) of subsection (a) is conditioned 
may be enforced under section 1414 as if such schedule or other require-
ment was part of a national primary drinking water regulation. 
"(c) If an application for a variance under subsection (a) is made, 
Applications for 
the State receiving the application or the Administrator, as the case 
may be, shall act upon such application within a reasonable period 
(as determined under regulations prescribed by the Administrator) 
after the date of its submission. 
•'(d) For purposes of this section, the term 'treatment technique 
requirement means a requirement m a national primary drinking quirement." 
water regulation which specifies for a contaminant (in accordance 
with section 1401(1) (C) (ii)) each treatment technique known to the 
Administrator which leads to a reduction in the level of such con-
taminant sufficient to satisfy the requirements of section 1412(b) (3). 
variances. 
'Treatment 
technique re-
1672 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
a EXEMFriONS 
Notice and 
hearing. 
42 use 3oog-5. 
"gpc. 1416. (a) A State which has primary enforcement responsi-
bility may exempt any public water system within the State's jurisdic-
tion from any requirement respecting a maximum contaminant level 
or any treatment technique requirement, or from both, of an applicable 
national primary drinking water regulation upon a finding that— 
"(1) due to compelling factors (which may include economic 
factors), the public water system is unable to comply with such 
contaminant level or treatment technique requirement, 
"(2) the public water system was in operation on the effective 
date of such contaminant level or treatment technique require-
ment, and 
"(3) the granting of the exemption will not result in an unrea-
sonable risk to health. 
" (b) (1) If a State grants a public water system an exemption vmder 
subsection (a), the State shall prescribe, within one year of the date 
the exemption is granted, a schedule for— 
"(A) compliance (including increments of progress) by the 
public water system with each containment level requirement and 
treatment technique requirement with respect to which the exemp-
tion was granted, and 
"(B) implementation by the public water system of such con-
trol measures as the State may require for each containment, sub-
ject to such contaminant level requirement or treatment technique 
requirement, during the period ending on the date compliance 
with such requirement is required. 
Before a schedule prescribed by a State pursuant to this subsection 
may take effect, the State shall provide notice and opportunity for a 
public hearing on the schedule. A notice given pursuant to the preced-
ing sentence may cover the prescribing of more than one such sched-
ule and a hearing held pursuant to such notice shall include each of 
the schedules covered by the notice. 
"(2) (A) A schedule prescribed pursuant to this subsection for a 
public water system granted an exemption under subsection (a) shall 
require compliance by the system with each contaminant level and 
treatment technique requirement with respect to which the exemption 
was granted as expeditiously as practicable (as the State may reason-
ably determine) but (except as provided in subparagraph (B)) — 
"(i) in the case of an exemption granted with respect to a 
contaminant level or treatment technique requirement prescribed 
by the interim national primary drinking water regulations 
promulgated under section 1412(a), not later than January 1, 
1981; and 
"(ii) in the case of an exemption granted with respect to a 
contaminant level or treatment technique requirement prescribed 
by revised national primary drinking water regulations, not later 
than seven years after the date such requirement takes effect. 
"(B) Notwithstanding clauses (i) and (ii) of subparagraph (A) 
of this paragraph, the final date for compliance prescribed in a sched-
ule prescribed pursuant to this subsection for an exemption granted 
for a public water system which (as determined by the State granting 
the exemption) has entered into an enforceable agreement to become 
a part of a regional public water system shall— 
"(i) in the case of a schedule prescribed for an exemption 
granted with respect to a contaminant level or treatment tech-
nique requirement prescribed by interim national primary drink-
ing water regulations, be not later than January 1,1083; and 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1673 
"(ii) in the case of a schedule prescribed for an exemption 
granted with respect to a contaminant level or treatment tech-
nique requirement prescribed by revised national primary drink-
ing water regulations, be not later than nine years after such 
requirement takes effect. 
"(3) Each public water system's exemption granted by a State 
under subsection (a) shall be conditioned by the State upon com-
pliance by the public water system with the schedule prescribed by the 
State pursuant to this subsection. The requirements of each schedule 
prescribed by a State pursuant to this subsection shall be enforceable 
by the State under its laws. Any requirement of a schedule on which 
an exemption granted under this section is conditioned may be 
enforced under section 1414 as if such requirement was part of a 
national primary drinking water regulation. 
"(4) Each schedule prescribed by a State pursuant to this subsec-
tion shall be deemed approved by the Administrator unless the exemp-
tion for which it was prescrilied is revoked by the Administrator 
under subsection (d) (2) or the schedule is revised by the Adminis-
trator under such subsection. 
"(c) Each State which grants an exemption under subsection (a) 
shall promptly notify the Administrator of the granting of such 
exemption. Such notification shall contain the reasons for the exemp-
tion (including the basis for the finding required by subsection (a) (3) 
before the exemption may be granted) and document the need for the 
exemption. 
"(d)(1) Not later than 18 months after the effective date of the 
interim national primary drinking water regulations the Adminis-
trator shall complete a comprehensive review of the exemptions 
granted (and schedules prescribed pursuant thereto) by the States 
during the one-year period beginning on such effective date. The 
Administrator shall conduct such subsequent reviews of exemptions 
and schedules as he deems necessary to carry out the purposes of this 
title, but each subsequent review shall be completed within each 3-year 
period following the completion of the first review under this subpara-
graph. Before conducting any review under this subparagraph, the 
Administrator shall publish notice of the proposed review in the Fed-
eral Register. Such notice shall (A) provide information respecting 
the location of data and other information respecting the exemptions 
to be reviewed (including data and other information concerning new 
scientific matters bearing on such exemptions), and (B) advise of the 
opportunity to submit comments on the exemptions reviewed and on 
the need for continuing them. Upon completion of any such review, the 
Administrator shall publish in the Federal Register the results of his 
review together with findings responsive to comments submitted in 
connection with such review. 
" (2) (A) If the Administrator finds that a State has. in a substantial 
number of instances, abused its discretion in granting exemptions 
under subsection (a) or failed to prescribe schedules in accordance 
with subsection (b), the Administrator shall notify the State of his 
finding. In determining if a State has abused its discretion in grant-
ing exemptions in a substantial number of instances, the Adminis-
trator shall consider the number of persons who are affected by the 
exemptions and if the requirements applicable to the granting of the 
exemptions were complied with. A notice under this subparagraph 
shall— 
"(i) identify each exempt public water system with respect to 
which the finding was made, 
"(ii) specify the reasons for the finding, and 
Compliance; 
enforcement. 
Notice to Ad-
ministrator. 
Review of ex-
emptions and 
schedules. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Notice to State. 
1674 
Notice and 
hearing. 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
"Treatment 
technique re-
quirement." 
Applications 
for exemptions. 
"(iii) as appropriate, propose revocations of specific exemp-
tions or propose revised schedules for specific exempt public water 
systems, or both. 
"(B) The Administrator shall provide reasonable notice and public 
hearing on the provisions of each notice given pursuant to subpara-
graph (A). After a hearing on a notice pursuant to subparagraph 
(A), the Administrator shall (i) rescind the finding for which the 
notice was given and promptly notify the State of such rescission, or 
(ii) promulgate (with such modifications as he deems appropriate) 
such exemption revocations and revised schedules proposed in such 
notice as he deems appropriate. Not later than 180 days after the date 
a notice is given pursuant to subparagraph (A), the Administrator 
shall complete the hearing on the notice and take the action required 
by the preceding sentence. 
"(C) If a State is notified under subparagraph (A) of a finding of 
the Administrator made with respect to an exemption granted a public 
water system within that State or to a schedule prescribed pursuant to 
such an exemption and if before a revocation of such exemption or a 
revision of such schedule promulgated by the Administrator takes 
effect the State takes corrective action with respect to such exemption 
or schedule which the Administrator determines makes his finding 
inapplicable to such exemption or schedule, the Administrator shall 
rescind the application of his finding to that exemption or schedule. 
No exemption revocation or revised schedule may take effect before the 
expiration of 90 days following the date of the notice in which the 
revocation or revised schedule was proposed. 
"(e) For purposes of this section, the term 'treatment technique 
requirement' means a requirement in a national primary drinking 
water regulation which specifies for a contaminant (in accordance with 
section 1401(1) (C) (ii)) each treatment techniqvie known to the 
Administrator which leads to a reduction in the level of such contami-
nant sufficient to satisfy the requirements of section 1412(b) (3). 
"(f) If a State does not have primary enforcement responsibility 
for public water systems, the Administrator shall have the same 
authority to exempt public water systems in such State from maximum 
contaminant level requirements and treatment technique requirements 
under the same conditions and in the same manner as the State would 
be authorized to grant exemptions under this section if it had primary 
enforcement responsibility. 
"(g) If an application for an exemption under this section is made, 
the State receiving the application or the Administrator, as the case 
may be, shall act upon such application within a reasonable period 
(as determined under regulations prescribed by the Administrator) 
after the date of its submission. 
"PART C—PROTECTION OF UNDERGROUND SOURCES OF DRINKING 
WATER 
42 u s e 300h. 
'REGULATIONS FOR STATE PROGRAMS 
"SEC. 1421. (a) (1) The Administrator shall publish proposed reg-
ulations for State underground injection control programs within 180 
days after the date of enactment of this title. Within 180 days after 
publication of such proposed regulations, he shall promulgate such 
regulations with such modifications as he deems appropriate. Any 
regulation under this subsection may be amended from time to time. 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1675 
"(2) Any regulation under this section shall be proposed and pro-
mulgated in accordance with section 553 of title 5, United States Code 
(relating to rulemaking), except that the Administrator shall provide 
Hearing. 
opportunity for public hearing prior to promulgation of such regula-
tions. In proposing and promulgating regulations under this section, 
the Administrator shall consult with the Secretary, the National 
Drinking Water Advisory Council, and other appropriate Federal 
entities and with interested State entities. 
"(b)(1) Regulations under subsection (a) for State underground 
injection programs shall contain minimum requirements for effective 
programs to prevent underground injection which endangers drink-
ing water sources within the meaning of subsection (d)(2). Such 
regulations shall require that a State pi'ogram, in order to be approved 
under section 1422— 
j 
"(A) shall prohibit, effective three years after the date of the 
enactment of this title, any underground injection in such State 
which is not authorized by a permit issued by the State (except 
that the regulations may permit a State to authorize underground 
injection by rule); 
"(B) shall require (i) in the case of a program which provides 
for authorization of underground injection by permit, that the 
applicant for the permit to inject must satisfy the State that the 
underground injection will not endanger drinking water sources, 
and (li) in the case of a program which provides for such an 
authorization by rule, that no rule may be promulgated which 
authorizes any underground injection Avhich endangers drinking 
water sources; 
"(C) shall include inspection, monitoring, recordkeeping, and 
reporting requirements; and 
"(D) shall apply (i) as prescribed by section 1447(b). to 
underground injections by Federal agencies, and (ii) to under-
ground injections by any other person whether or not occurring 
on property owned or leased by the United States. 
"(2) Regulations of the Administrator under this section for State 
underground injection control programs may not prescribe require-
ments which interfere wnth or impede— 
"(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, 
unless such requirements are essential to assure that underground 
sources of drinking water will not be endangered by such injection. 
"(c) (1) The Administrator may, upon application of tlie Governor 
Temporary per-
of a State which authorizes underground injection by means of per- "'"^• 
mits, authorize such State to issue (without regard to subsection 
(b) (1) (B) (i)) temporary permits for underground injection which 
may be effective mitil the expiration of foui- years after the date of 
enactment of this title, if— 
"(A) the Administrator finds that Hie State has demonstr-ated 
that it is unable and could not reasonably have been able to proc-
ess all permit applications within the time available; 
"(B) the Administrator determines the adverse effect on the 
environment of such temporary permits is not unwarranted; 
"(C) such temporary permits will be issued only with respect 
to injection wells in operation on the date on which such State's 
permit program approved under this part first takes effect and 
for which there was inadequate time to process its permit appli-
cation : and 
1676 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
Notice and 
hearing. 
"Underground 
injection." 
"(D) the Administrator determines the temporary permits 
require the use of adequate safeguards established by rules 
adopted by him. 
"(2) The Administrator may. upon application of the Governor of 
a State which a\ithorizes underground injection by means of permits, 
authorize such State to issue (without regard to subsection (b) (1) (B) 
(i)), but after reasonable notice and hearing, one or more temporary 
permits each of which is applicable to a particular injection well and 
to the underground injection of a particular fluid and which may be 
effective until the expiration of four yeai-s after the date of enactment 
of this title, if the State finds, on the record of such hearing— 
"(A) that technology (or other means) to permit safe injection 
of the fluid in accordance with the apj)licable underground injec-
tion control program is not generally available (taking costs into 
consideration) ; 
"(I^) that injection of the fluid would be less harmful to health 
than the use of other available means of disposing of waste or pro-
ducing the desired pi'oduct; and 
"(C) that available technology or other means liave been 
employed (and will be employed) to reduce the volume and tox-
icity of the fluid and to minimize the potentially adverse effect of 
the injection on the ])ublic health. 
"(d) For purposes of this part: 
"(1) The term 'underground injection' means the subsurface 
emplacement of fluids by well injection. 
"(2) Underground injection endangers drinking water sources 
if such injection may result in the presence in underground water 
which supplies or can reasonably be expected to supply any public 
water system of any contaminant, and if the presence of such con-
taminant may result in such system's not complying with any 
national primary drinking water regulation or may otherwise 
adversely affect the health of persons. 
Publication in 
Federal Regis-
ter. 
42 use 300h.l. 
Recordkeeping. 
Notice to Ad-
ministrator. 
'STATE riUMARY EXFORCEMEXT RESPONSIBILITY 
"SEC. 1422. (a) Within 180 days after the date of enactment of this 
title, the Administrator shall list in the Federal Register each State 
for which in his judgment a State underground injection control pro-
gi'am may be necessary to assure that underground injection will not 
endanger drinking water sources. Such list may be amended from 
time to time. 
"(b)(1)(A) Each State listed under subsection (a) shall within 
270 days after the date of pronmlgation of any regulation under sec-
tion 1421 (or, if later, within 270 days after such State is first listed 
under subsection (a)) submit to the Administrator an application 
which contains a showing satisfactory to the Administrator that the 
State— 
"(i) has adopted after reasonable notice and public hearings, 
and will implement, an underground injection control program 
which meets the I'equirements of regulations in effect under section 
1421; and 
"(ii) will keep such records and make such reports with respect 
to its activities under its underground injection control program as 
the Administrator may require by regulation. 
"(B) Within 270 days of any amendment of a regulation under 
section 1421 revising or adding any requirement respecting State 
underground injection control programs, each State listed under sub-
section (a) shall submit (in such form and manner as the Administra-
88 STAT. ] 
PUBLIC LAW93-523-DEC. 16, 1974 
1671 
Hearing. 
Regulation. 
tor may require) a notice to the Administrator containing a showing 
satisfactory to him that the State underground injection control pro-
gram meets the revised or added requirement. 
"(2) Within ninety days after the State's application under para-
graph (1) (A) or notice under paragraph (1) (B) and after reasonable 
opportunity for presentation of views, the Administrator shall by rule 
either approve, disapprove, or approve in part and disapprove in part, 
the State's underground injection control program. 
"(3) If the Administrator approves the State's program under 
paragraph (2), the State shall have primary enforcement responsi-
bility for underground water sources until such time as the Admin-
istrator determines, by rule, that such State no longer meets the 
requirements of clause (i) or (ii) of paragraph (1) (A) of this 
subsection. 
"(4) Before promulgating any rule under paragraph (2) or (3) 
of this subsection, the Administrator shall provide opportunity for 
public hearing respecting such rule. 
"(c) If the Administrator disapproves a State's program (or part 
thereof) under subsection (b)(2), if the Administrator determines 
under subsection (b) (3) that a State no longer meets the requirements 
of clause (i) or (ii) of subsection (b) (1) (A), or if a State fails to 
submit an application or notice before the date of expiration of the 
period specified in subsection (b)(1), the Administrator shall by 
regulation within 90 days after the date of such disapproval, determi-
nation, or expiration (as the case may be) prescribe (and may from 
time to time by regulation revise) a program applicable to such State 
meeting the requirements of section 1421(b). Such program may not 
include requirements which interfere with or impede— 
"(1) the underground injection of brine or other fluids which 
are brought to the surface in connection with oil or natui'al gas 
production, or 
"(2) any underground injection for the secondary or tertiary 
recovery of oil or natural gas, 
unless such requirements are essential to assure that underground 
sources of drinking water will not be endangered by such injection. 
Such program shall apply in such State to the extent that a program 
adopted by such State which the Administrator determines meets 
such requirements is not in effect. Before promulgating any regula-
tion under this section, the Administrator shall provide opportunity 
for public hearing respecting such regulation. 
"(d) For purposes of this title, the term 'applicable underground 
injection control program' with respect to a State means the program tion control 
(or most recent amendment thereof) (1) which has been adopted program." 
by the State.and which has been approved under subsection (b), or 
(2) which has been prescribed by the Administrator under subsec-
tion (c). 
Hearing. 
"Applicable un.-
derground injec-
FAILURE OF STATE TO ASSURE ENFORCEMENT OF PROGRAM 
"SEC. 1423. (a)(1) Whenever the Administrator finds during a 
period during which a State has primary enforcement responsibility 
for underground water sources (Mathin the meaning of section 1422 
(b)(3)) that any person who is subject to a requirement of an appli-
cable underground injection control program in such State is violating 
such requirement, he shall so notify the State and the person violating 
such requirement. If the Administrator finds such failure to comply 
extends beyond the thirtieth day after the date of such notice, he 
shall give public notice of such finding and request the State to report 
42 use 300h.2. 
Notice to State 
and violator. 
Public notice. 
1678 
PUBUC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
within 15 days after the date of such public notice as to the steps 
being taken to bring such person into compliance with such require-
ment (including reasons for anticii)ated steps to be taken to bring 
such person into compliance with such re(i[uirement and for any failure 
to take steps to bring such i)ers()n into compliance with such 
Civil action, 
requirement). If— 
conditions. 
"(A) such failure to comply extends beyond the sixtieth day 
after the date of the notice given pursuant to the first sentence 
of this paragraph, and 
"B) (i) the State fails to submit the report requested by the 
Administrator within the time period prescribed by the preceding 
sentence, or 
"(ii) the State submits such report within such period but the 
Administrator, after considering the report, determines that by 
failing to take necessary steps to bring such person into compli-
ance by such sixtieth day the State abused its discretion in carry-
ing out primary enforcement responsibility for underground 
water sources, 
the Administrator may connnence a civil action under subsection 
(b)(1). 
' 
. 
.
.
. 
"(2) Whenever the Administrator finds during a period during 
which a State does not have primary enforcement responsibility for 
underground water sources that any person subject to any requirement 
of any applicable underground injection control program in such 
State is violating such requirement, he may commence a civil action 
under subsection (b) (1). 
"(b)(1) When authorized by subsection (a), the Administrator 
may bring a civil action under this paragraph in the appropriate 
United States district court to require compliance with any require-
ment of an applicable underground injection control program. The 
court may enter such judgment as protection of public health may 
require, including, in the case of an action brought against a person 
who violates an applicable requirement of an underground injection 
control program and who is located in a State which has primary 
Penalty. 
enforcement responsibility for underground water sources, the impo-
sition of a civil penalty of not to exceed $5,000 for each day such 
person violates such requirement after the expiration of 60 days after 
receiving notice under subsection (a)(1). 
Penalty. 
u^2) Any persou who violates any requirement of an applicable 
underground injection control i)rogram to which he is subject during 
any period for which the State does not have primary enforcement 
responsibility for undergi-ound water sources (A) shall be subject to 
a civil penalty of not more than $5,000 for each day of such violation, 
or (B) if such violation is willful, such person may, in lieu of the 
civil penalty authorized by clause (B), be fined not more than $10,000 
for each day of such violation. 
"(c) Nothing in this title shall diminish any authority of a State 
or political subdivision to adopt or enforce any law or regulation 
respecting underground injection but no such law or regulation shall 
relieve any person of anv requirement otherwise applicable under this 
title. 
" I N T E R I M RKOri.A'JTON OF XrXDER(}R0UXD INJECTIONS 
42 use 300h-3. 
"SEC. 1424. (a) (1) Any person may petition the Administrator to 
have an area of a State (or States) designated as an area in which 
no new underground injection well may be operated during the period 
beginning on the date of the designation and ending on the date on 
which the applicable underground injection control program covering 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1679 
such area takes effect unless a permit for the operation of such well 
has been issued by the Administrator under subsection (b). The 
Administrator may so designate an area within a State if he finds that 
the area has one aquifer which is the sole or principal drinking water 
source for the area and which, if contaminated, would create a signifi-
cant hazard to public health. 
"(2) Upon receipt of a petition under paragraph (1) of this sub-
section, the Administrator shall publish it in the Federal Register and 
shall provide an opportunity to interested persons to submit written 
data, views, or arguments thereon. Not later than the 30tli day follow-
ing the date of the publication of a petition under this paragraph in 
the Federal Register, the Administrator shall either make the desig-
nation for which the petition is submitted or deny the petition. 
"(b) (1) During the period beginning on the date an area is desig-
nated under subsection (a) and ending on the date the applicable 
underground injection conti'ol program covering such area takes effect, 
no new underground injection well may be operated in such area unless 
the Administrator has issued a permit for such operation. 
"(2) Any person may petition the Administrator for the issuance 
of a permit for the operation of such a well in such an area. A petition 
submitted under this paragraph shall be submitted in such manner 
and contain such information as the Administrator may require by 
regulation. Upon receipt of such a petition, the Administrator shall 
publish it in the Federal Register. Tlie Administrator shall give notice 
of any proceeding on a petition and shall provide opportunity for 
agency hearing. The Administrator shall act upon such petition on the 
record of any hearing held pursuant to the preceding sentence respect-
ing such petition. Witliin 120 days of the publication in the Federal 
Register of a petition submitted under this paragraph, the Adminis-
trator shall either issue the permit for which the petition was submitted 
or shall deny its issuance. 
"(3) The Administrator may issue a permit for the operation of a 
new underground injection well in an area designated under subsection 
(a) only if he finds that the operation of such well will not cause con-
tamination of the aquifer of such area so as to create a significant haz-
ard to public health. The Administrator may condition the issuance 
of such a permit upon the use of such conti-ol measures in connection 
with the operation of such well, for which the permit is to be issued, as 
he deems necessary to assure that the operation of the Avell will not 
contaminate the aquifer of the designated area in which the well is 
located so as to create a significant hazard to public health. 
"(c) Any person who operates a new underground injection well in 
violation of subsection (b), (1) shall be subject to a civil penalty of not 
more than $5,000 for each day in which such violation occurs, or (2) 
if such violation is willful, such person may, in lieu of the civil penalty 
authorized by clause (1), be fined not more than $10,000 for each day 
in which such violation occurs. If the Administrator has reason to 
believe that any person is violating or will violate subsection (b), he 
may petition the United States district court to issue a temporary 
restraining order or injunction (including a mandatory injunction) 
to enforce such subsection. 
"(d) For purposes of this section, the term 'new underground injec-
tion well' means an underground injection well whose operation was 
not approved by appropriate State and Federal agencies before the 
date of the enactment of this title. 
" (e) If the Administrator determines, on his own initiative or upon 
petition, that an area has an aquifer which is the sole or principal 
drinking water source for the area and which, if contaminated, would 
Publication in 
Federal Regis-
ter. 
Well operation 
permit. 
Publication in 
Federal Regis-
ter. 
Conditions for 
issuance. 
Penalty. 
Temporary re-
straining order 
or injunction. 
"New under-
ground injection 
well." 
Areas with one 
aquifer. 
1680 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
Fe^"^i\''R"°" '" create a significant hazard to public health, he shall publish notice of 
^
^
e era 
egis- 
^j^^^ determination in the Federal Register. After the publication of 
any such notice, no commitment for Federal financial assistance 
(through a grant, contract, loan guarantee, or otherwise) may be 
entered into for any project which the Administrator determines may 
contaminate such aquifer through a recharge zone so as to create a 
significant hazard to public health, but a commitment for Federal 
financial assistance may, if authorized under another provision of law, 
be entered into to plan or design the project to assure that it will not 
so contaminate the aquifer. 
"PART D—EMERGENCY POWERS 
"EMERGENCY POWERS 
42 use 3ooi. 
"SEC. 1431. (a) Notwithstanding any other provision of this title, 
the Administrator, upon receipt of information that a contaminant 
which is present in or is likely to enter a public water system may 
present an imminent and substantial endangerment to the health of 
persons, and that appropriate State and local authorities have not acted 
to protect the health of such persons, may take such actions as he may 
deem necessary in order to protect the health of such persons. To the 
extent he determines it to be practicable in light of such imminent 
w?h's^t""e^lt^d 
endangerment, he shall consult with the State and local authorities in 
local author!. 
Order to coufirm the correctness of the information on which action 
ties. 
proposed to be taken under this subsection is based and to ascertain the 
action which such authorities are or will be taking. The action which 
the Administrator may take may include (but shall not be limited to) 
(1) issuing such orders as may be necessary to protect the health of 
persons who are or may be users of such system (including travelers), 
and (2) commencing a civil action for appropriate relief, including a 
restraining order or permanent or temporary injunction. 
" (b) Any person who willfully violates or fails or refuses to comply 
with any order issued by the Administrator under subsection (a) (1) 
may, in an action brought in the appropriate United States district 
court to enforce such order, be fined not more than $5,000 for each day 
in which such violation occurs or failure to comply continues. 
"PART E—GENERAL PROVISIONS 
"ASSURANCE OF AVAILABILITY or 
ADEQUATE SUPPLIES OF CHEMICALS 
NECESSARY FOR TREATMENT OF WATER 
Certification 
"SEC. 1441. (a) If ally person who uses chlorine, activated carbon, 
of n e e d a p p l i - 
- . 
•
i
i
j
_
' 
• 
-i 
cation. 
lime, ammonia, soda ash, potassium permanganate, caustic soda, or 
42 use 3ooj. 
other chemical or substance for the purpose of treating water in any 
public water system or in any public treatment works determines that 
the amount of such chemical or substance necessary to effectively treat 
such water is not reasonably available to him or will not be so avail-
able to him when required for the effective treatment of such water, 
such person may apply to the Administrator for a certification (here-
inafter in this section referred to as a 'certification of need') that the 
amount of such chemical or substance which such person requires to 
effectively treat such water is not reasonably available to him or will 
not be so available when required for the effective treatment of such 
water. 
Application 
^^ (h) (1) Au applicatlon for a certification of need shall be in such 
requiremen s. 
form aud Submitted in such manner as the Administrator may require 
penalty. 
Publication in 
Federal Regis-
issuance or 
denial. 
88 STAT. ] 
PUBLIC LAW 9a-523-DEC. 16, 1974 
1681 
and shall (A) specify the persons the applicant determines are able 
to provide the chemical or substance with respect to which the appli-
cation is submitted, (B) specify the persons from whom the applicant 
has sought such chemical or substance, and (C) contain such other 
information as the Administrator may require. 
"(2) Upon receipt of an application under this section, the Admin 
istrator shall (A) publish in the Federal Register a notice of the leT. 
receipt of the application and a brief summary of it, (B) notify in 
writing each person whom the President or his delegate (after con-
sultation with the Administrator) determines could be made subject 
to an order required to be issued upon the issuance of the certification 
of need applied for in such application, and (C) provide an oppor-
tunity for the submission of written comments on such application. 
The requirements of the preceding sentence of this paragraph shall 
Waiver. 
not apply when the Administrator for good cause finds (and incorpo-
rates the finding with a brief statement of reasons therefor in the 
order issued) that waiver of such requirements is necessary in order 
to protect the public health. 
"(3) Within 30 days after— 
certification. 
"(A) the date a notice is published under paragraph (2) in the 
Federal Register with respect to an application submitted under 
this section for the issuance of a certification of need, or 
"(B) the date on which such application is received if as author-
ized by the second sentence of such paragraph no notice is pub-
lished with respect to such application, 
the Administrator shall take action either to issue or deny the issu-
ance of a certification of need. 
"(c) (1) If the Administrator finds that the amount of a chemical 
or substance necessary for an applicant under an application submitted 
under this section to effectively treat water in a public water system or 
in a public treatment works is not reasonably available to the appli-
cant or will not be so available to him when required for the effective 
treatment of such water, the Administrator shall issue a certification 
of need. Not later than seven days following the issuance of such 
certification, the President or his delegate shall issue an order requir-
ing the provision to such person of such amounts of such chemical or 
substance as the Administrator deems necessary in the certification of 
need issued for such person. Such order shall apply to such manufac-
turers, producers, processors, distributors, and repackagers of such 
chemical or substance as the President or his delegate deems necessary 
and appropriate, except that such order may not apply to any manu-
facturer, producer, or processor of such chemical or substance who 
manufactures, produces, or processes (as the case may be) such chemi-
cal or substance solely for its own use. Persons subject to an order issued 
under this section shall be given a reasonable opportunity to consult 
with the President or his delegate with respect to the implementation 
of the order. 
"(2) Orders which are to be issued under paragraph (1) to manu- 
Apportionment. 
facturers, producers, and processors of a chemical or substance shall 
be equitably apportioned, as far as practicable, among all manufac-
turers, producers, and processors of such chemical or substance; and 
orders which are to be issued under paragraph (1) to distributors 
and repackagers of a chemical or substance shall be equitably appor-
tioned, as far as practicable, among all distributors and repackagers 
of such chemical or substance. In apportioning orders issued under 
pai-agi'aph (1) to manufacturers, producers, processors, distributors, 
and repackagers of chlorine, the President or his delegate shall, in 
carrying out the requirements of the preceding sentence, consider— 
1682 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
Application for 
additional cer-
tifications. 
Noncompliance, 
penalties. 
Temporary re-
straining order, 
preliminary or 
permanent injunc-
tion. 
Termination 
dates. 
"(A) the geographical relationships and established commer-
cial relationships between such manufacturers, producers, proces-
sors, distributors, and repackagers and the persons for whom the 
orders are issued; 
"(B) in the case of orders to be issued to producers of chlorine, 
the (i) amount of chlorine historically supplied by each such pro-
ducer to treat water in public water systems and public treat-
ment works, and (ii) share of each such producer of the total 
annual production of chlorine in the L^nited States; and 
"(C) such other factors as the President or his delegate may 
determine are relevant to the apportionment of orders in accord-
ance with the requirements of the preceding sentence. 
"(3) Subject to subsection (f), any person for whom a certification 
of need has been issued under this subsection may upon the expiration 
of the order issued under paragraph (1) upon such certification apply 
under this section for additional certifications. 
"(d) There shall be available as a defense to any action brought for 
breach of contract in a Federal or State court arising out of delay or 
failure to provide, sell, or offer for sale or exchange a chemical or 
substance subject to an order issued pursuant to subsection (c) (1), 
that such delay or failure was caused solely by compliance with such 
order. 
"(e) (1) Whoever knowingly fails to comply with any order issued 
pursuant to subsection (c) (1) shall be fined not more than $5,000 for 
each such failure to comply. 
"(2) Whoever fails to comply with any order issued pursuant to 
subsection (c) (1) shall be subject to a civil penalty of not more than 
$2,500 for each such failure to comply. 
"(3) Whenever the Administrator or the President or his delegate 
has reason to believe that any person is violating or will violate any 
order issued pursuant to subsection (c) (1), he may petition a United 
States district court to issue a temporary restraining order or pre-
liminary or permanent injunction (including a mandatory injunction) 
to enforce the provision of such order. 
"(f) No certification of need or order issued under this section may 
remain in effect— 
"(1) for more than one year, or 
"(2) after June 30, 1977, 
whichever occurs first. 
42 u s e 300J-1. 
"RESEAIU'TI, TECHNICAL ASSISTANCE, INFORMATION, TRAINING OF 
PERSONNEL 
"SEC. 1442. (a) (1) The Administrator may conduct research, stud-
ies, and demonstrations relating to the causes, diagnosis, treatment, 
control, and prevention of physical and mental diseases and other 
impaiiinents of man resulting directly or indirectly from contami-
nants in water, or to the provision of a dependably safe supply of 
drinking water, including— 
"(A) improved methods (i) to identify and measure the exist-
ence of contaminants in drinking water (including methods which 
inay be used by State and local health and water officials), and 
(ii) to identify the source of such contaminants; 
"(B) improved methods to identify and measure the health 
effects of contaminants in drinking water; 
"(C) new methods of treating raw water to prepare it for 
drinking, so as to improve the efficiency of water treatment and 
to lemove contaminants from water; 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1683 
"(D) improved methods for providing a dependably safe 
supply of drinking water, including improvements in water 
purification and distribution, and methods of assessing the health 
related hazards of drinking water; and 
"(E) improved methods of protecting underground water 
sources of public water systems from contamination. 
''(2) The Administrator shall, to the maximum extent feasible, pro-
vide technical assistance to the States and municipalities in the estab-
lishment and administration of public water system supervision 
programs (as defined in section 1443 (c) (1)). 
"(3) The Administrator shall conduct studies, and make periodic 
leports to Congress, on the costs of carrying out regulations pre-
scribed under section 1412. 
''(4) The Administrator shall conduct a survey and study of— 
"(A) disposal of waste (including residential waste) which 
may endanger underground water which supplies, or can reason-
ably be expected to supply, any public Avater systems, and 
"(B) means of control of such waste disposal. 
Not later than one year after the date of enactment of this title, he 
shall transmit to the (^ongress the results of such survey and study, 
together with such recommendations as he deems appropriate. 
"(5) The Administrator shall carry out a study of metliods of 
underground injection which do not result in the degradation of 
underground drinking water sources. 
"(6) The Administrator shall carry out a study of methods of pre-
venting, detecting, and dealing with surface spills of <containinants 
which may degrade underground water sour<:ies for public water 
systems. 
" (7) The Administrator shall carry out a study of virus eont;amina-
tion of drinking water sources and means of control of such 
contamination. 
"(8) The Administrator shall carry out a study of the nature and 
extent of the impact on underground water which supplies or can 
reasonably be expected to supply public water systems or (A) aban-
doned injection or extraction wells; (B) intensive application of 
pesticides and fertilizers in underground water recharge areas; and 
(C) ponds, pools, lagoons, pits, or other surface disposal of contami-
nants in imderground water recharge areas. 
"(9) The Administrator shall conduct a comprehensive study of 
public water supplies and drinking water sources to determine the 
nature, extent, sources of and means of control of contamination by 
chemicals or other substances suspected of being carcinogenic. Not 
later than six months after the date of enactment of this title, he shall 
transmit to the Congress the initial results of such study, together with 
such recommendations for further review and corrective action as he 
deems appropriate. 
"(b) In carrying out this title, the Administrator is authorized to— 
"(1) collect and make available information pertaining to 
research, investigations, and demonstrations with respect to pro-
viding a dependably safe supply of drinking water together with 
appropriate recommendations in connection therewith; 
"(2) make available research facilities of the Agency to appro-
priate public authorities, institutions, and individuals engaged in 
studies and research relating to the purposes of this title; 
"(3) make grants to, and enter into contracts with, any public 
agency, educational institution, and any other organization, in 
accordance with procedures prescribed by the Administrator, 
under which he may pay all or a part of the costs (as may be 
Technical as-
sistance to 
States. 
Post, p. 1684. 
Studies; re-
ports to Con-
gress. 
Ante, p. 1662. 
Waste disposal, 
survey and study, 
transmittal to 
Congress, 
Studies. 
Transmittal to 
Congress. 
1684 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
Appropriations. 
determined by the Administrator) of any project or activity which 
is designed— 
"(A) to develop, expand, or carry out a program (which 
may combine training education and employment) for train-
ing persons for occupations involving the public health 
aspects of providing safe drinking water; 
"(B) to train inspectors and supervisory personnel to train 
or supervise persons in occui)ations involving the public 
health aspects of providing safe drinking water; or 
"(C) to develop and expand the capability of programs of 
States and municipalities to carry out the purposes of this 
title (other than by carrying out State programs of public 
water system supervision or underground water source pro-
ti^ction (as defined in section 1443(d))). 
"(c) There are authorized to be appropriated to carry out the pro-
visions of this section $15,000,000 for the fiscal year ending June 30, 
1975; $25,000,000 for the fiscal year ending June 30, 1976; and 
$35,000,000 for the fiscal year ending June 30,1977. 
Public water 
system super-
vision programs. 
42 u s e 300J-2. 
Allotment of 
Appropriations. 
"(JRANTS FOR STATE PROGRAMS 
"SEC. 1443. (a) (1) From allotments made pursuant to paragraph 
(4), the Administrator may make grants to States to carry out public 
water system supervision programs. 
"(2) No grant may be made under paragraph (1) unless an appli-
cation therefor has been submitted to the Administrator in such form 
and manner as he may re(}uire. The Administrator may not approve 
an application of a State for its first grant under paragraph (1) 
unless he determines that the State— 
"(A) has established or will establish within one year from the 
date of such grant a public water system supervision program, 
and 
"(B) will, within that one year, assume primary enforcement 
responsibility for public water systems within the State. 
No grant may be made to a State under paragraph (1) for any period 
beginning more than one year after the date of the State's first grant 
unless the State has assumed and maintains primary enforcement 
responsibility for public water systems within the State. 
"(3) A grant under paragraph (1) shall be made to cover not 
more than 75 per centum of the grant recipient's costs (as determined 
under regulations of the Administrator) in carrying out, during the 
one-year period beginning on the date the grant is made, a public 
water system supervision program. 
" (4) In each fiscal year the Administrator shall, in accordance with 
regulations, allot the sums appropriated for such year under para-
graph (5) among the States on the basis of population, geographical 
area, number of public water systems, and other relevant factors. No 
State shall receive less than 1 per centum of the annual appropriation 
for grants under paragraph (1) : Provided^ That the Administrator 
may, by regulation, reduce such percentage in accordance with the 
criteria specified in this paragraph: And provided, further^ 
That 
such percentage shall not apply to grants allotted to Guam, American 
Samoa, or the Virgin Islands. 
"(5) For purposes of making grants under paragraph (1) there 
are authorized to be appropriated $15,000,000 for the fiscal year end-
ing June 30. 1976, and $25,000,000 for the fiscal year ending June 30, 
1977. 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1685 
"(b)(1) From allotments made pursuant to paragraph (4), the 
underground 
Administrator may make grants to States to carry out underground ^ro'tect^U)n'^''* 
water source protection programs. 
programs. 
"(2) No grant may be made under paragraph (1) unless an appli-
cation therefor has been submitted to the Administrator in such 
form and manner as he may require. The Administrator may not 
approve an application of a State for its first grant under paragraph 
(1) unless he determines that the State— 
"(A) has established or will establish within two years from 
the date of such grant an underground water source protection, 
and 
"(B) will, within such two years, assume primary enforce-
ment responsibility for underground water sources within the 
State. 
No grant may be made to a State under paragraph (1) for any period 
beginning more than two years after the date of the State's first grant 
unless the State has assumed and maintains primary enforcement 
responsibility for underground water sources within the State. 
"(3) A grant imder paragraph (1) shall be made to cover not 
more than 75 per centum of the grant recipient's costs (as determined 
under regulations of the Administrator) in carrying out, during the 
one-year period beginning on the date the grant is made, an under-
ground water source protection program. 
"(4) In each fiscal year the Administrator shall, in accordance 
Allotment o
f 
with regulations, allot the sums appropriated for such year imder 
paragraph (5) among the States on the basis of population, geo-
graphical area, and other relevant factors. 
"(5) For purposes of making grants under paragraph (1) there 
Appropriations 
are authorized to be appropriated $5,000,000 for the fiscal year ending 
June 30. 1976, and $7,500,000 for the fiscal year ending Jime 30, 1977. 
"(c) For purposes of this section: 
Definitions. 
" (1) The term 'public water system supervision program' means 
a program for the adoption and enforcement of drinking water 
regulations (with such variances and exemptions from such regu-
lations under conditions and in a manner which is not less 
stringent than the conditions under, and the manner in, which 
variances and exemptions may be granted under sections 1415 
and 1416) which are no less stringent than the national primary 
drinking water regulations under section 1412, and for keeping 
records and making reports required by section 1413(a)(3). 
"(2) The term 'underground water source protection program' 
means a program for the adoption and enforcement of a program 
which meets the requirements of regulations imder section 1421 
and for keeping records and making reports required by section 
1422(b)(1) (A) (ii). 
"SPECIAL STUDY AND DEMONSTRATION PROJECT GRANTS; 
GUARANTEED LOANS 
"SEC. 1444. (a) The Administrator may make grants to any person 
"
^
^ "^"^ 3ooj-3. 
for the purposes of— 
"(1) assisting in the development and demonstration (includ-
ing construction) of any project which will demonstrate a new or 
improved method, approach, or technology, for providing a 
dependably safe supply of drinking water to the public; and 
"(2) assisting in the development and demonstration (includ-
ing construction) of any project which will investigate and dem-
onstrate health implications involved in the reclamation, recycling, 
1686 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
and reuse of waste waters for drinking and the processes and 
methods for the preparation of safe and acceptable drinking 
water. 
Limitations. 
^^(h) Grants made by the Administrator under this section shall be 
subject to the following limitations: 
" (1) Grants under this section shall not exceed 66% per centum 
of the total cost of construction of any facility and 75 per centum 
of any other costs, as determined by the Administrator. 
"(2) Grants under this section shall not be made for any proj-
ect involving the construction or modification of any facilities for 
any public water system in a State unless such project has been 
approved by the State agency charged with the responsibility for 
safety of drinking Avater (or if there is no such agency in a State, 
by the State health authority). 
" (3) Grants under this section shall not be made for any project 
unless the Administrator determines, after consulting the National 
Drinking Water Advisory Council, that such project will serve 
a useful purpose relating to the development and demonstration 
of new or improved techniques, methods, or technologies for the 
provision of safe water to the public for drinking. 
" (4) Priority for grants under this section shall be given where 
there are known or potential public health hazards which require 
advanced technology for the removal of particles which are too 
small to be removed by ordinary treatment technology. 
Appropriations. 
u^^^ y^^ ^^^ purposes of making grants under subsections (a) and 
(b) of this section there are authorized to be appropriated $7,500,000 
for the fiscal year ending June 30, 1975; and $7,500,000 for the fiscal 
vear ending June 30, 1976; and $10,000,000 for the fiscal year ending 
June 30,1977. 
to^uMic"wa^er^^ 
"(*^) "^^^ Admluistrator during the fiscal years ending June 30, 
systems. 
1975, aud Juue 30, 1976, shall carry out a program of guaranteeing 
loans made by private lenders to small public water systems for the 
purpose of enabling such systems to meet national primary drinking 
water regulations (including interim regulations) prescribed under 
An"e,'p?T6'62. 
sectlou 1412. No such guarantee may be made with respect to a system 
unless (1) such system cannot reasonably obtain financial assistance 
necessary to comply with such regulations from any other source, and 
(2) the Administrator determines that any facilities constructed with 
a loan guaranteed under this subsection is not likely to be made 
obsolete by subsequent changes in primary regulations. The aggregate 
amount of indebtedness guaranteed with respect to any system may 
not exceed $50,000. The aggregate amount of indebtedness guaranteed 
under this subsection may not exceed $50,000,000. The Administrator 
shall prescribe regulations to carry out this subsection. 
Indebtedness 
limitation. 
Regulations. 
a 
42 u s e 300J-4. 
RECORDS AND INSPECTIONS 
"SEC. 1445. (a) Every person who is a supplier of water, who is or 
may be otherwise subject to a primary drinking water regulation pre-
scribed under section 1412 or to an applicable underground injection 
control program (as defined in section 1422(c)), who is or may be 
subject to the permit requirement of section 1424 or to an order issued 
under section 1441, or who is a grantee, shall establish and maintain 
such records, make such reports, conduct such monitoring, and pro-
vide such information as the Administrator may reasonably require 
by regulation to assist him in establishing regulations under this title, 
in determining whether such person has acted or is acting in compli-
ance with this title, or in administering any program of financial 
assistance under this title. 
88 STAT.] 
PUBLIC LAW 9 3 - 5 2 3 - D E C . 16, 1974 
1687 
"(b)(1) Except as })rovided in ])ai'a<ri"ai)li (^), tJie Administrator, 
or representatives of the Adniinistratoi- duly desionated by him, upon 
presentin<>- a])proj)i-iate credentials and a written notice to any 
supplier of water or other ])erson subject to a national primary drink-
ing water ]'e<>ulation ])resci'ibed under section 1412 or applicable 
" ^' P-
under<rroTUul injection conti-ol ])ro<>i-iun (or ])erson in charge of any 
of the property of such su])i)]ier or other peison), is authorized to 
enter any establishment, facility, or other pi'0])erty of such supplier 
or other person in order to detei-niine whethei- such sui)plier or other 
person has acted or is acting in compliance with this title, including 
for this purpose, inspection, at reasonable times, of records, files, 
papei's, processes, controls, and facilities, or in ordei- to test any fea-
ture of a public water system, including its raAv water source. The ^ ^^^jj and^ex-
Administrator or the Com))troller (jeneral (or any representative r^'"rds°" ° 
designated by either) shall ha\e access for the purpose of audit and 
examination to any i-ecords, rej)orts, or information of a grantee 
which are requii'ed to be maintained under subsection (a) or which 
are pertinent to any financial assistance under this title. 
"(2) No enti-y may be made under the Hi'st sentence of paragraph 
Entry restric-
(1) in an establishment, facility, oi- other pi'Oj)erty of a supplier of 
water or other person subject to a national ])rimary drinking water 
regulation if the establishment, facility, oi- other |)ropei-ty is located 
in a State Avhich has primary enforcement responsibility for ))ublic 
water systems unless, before Aviitten notice of such entry is made, the 
Administrator 
(or his representative) 
notifies the State agency 
charged with responsibility for safe drinking water- of the reasons 
for such enti-y. The Administiator shall, upon a showing by the State 
agency that such an entry will be detrimental to the administration 
of the State's ])i'ogram of primary enforcement responsibility, take 
such showing into consideration in determining whether to make such 
entry. No State agency which receives notice undei- this paragraph of 
an entry pro})osed to be made under [)aragraph (1) may use the infor-
mation contained in the notice to inform the })erson whose property 
is pi'oposed to be entered of the proposed eiitiy; and if a State agency 
so uses such information, notice to the agency under this paragraph 
is not requii'ed until such time as the Administrator determines the 
agency has pi-ovided him satisfactory assurances that it will no longer 
so use information contained in a notice under this paragraph. 
"(c) Whoever fails or refuses to comply with any requirement of 
^^"''I'y-
subsection (a) or to allow the Administrator, the Comptroller General, 
or representatives of either, to enter and conduct any audit or inspec-
tion authorized by subsection (b) may be fined not more than $5,000. 
"(d) (1) Subject to paragrai)li (2), upon a shoAving satisfactory to 
Confidential 
J.1 
A 1 
• 
• J. 
1 
1 
1.1 J. 
• 
Ji 
1- 
• 
T 
1 
i n f o r m a t i o n . 
the Administrator by any person that any mtormation re(|uired under 
this section from such ])erson. if made public, Avould divulge trade 
secrets or secret processes of such person, the Administrator shall 
consider such information confidential in accordance Avith the purposes 
of section 1905 of title IS of the Ignited States Code. If the applicant 
fails to make a shoAving satisfactory to the Administrator, the Admin-
istrator shall give such applicant thirty days' notice before releasing 
the information to Avhich the application relates (unless the public 
health or safety requires an earlier release of such information), 
"(2) Any information required under this section (A) may be dis-
closed to other officers, employees, or authorized representatives of 
the United States concerned Avith carrying out this title or to commit-
tees of the Congress, or when relevant in any proceeding under this 
title, and (B) shall be disclosed to the extent it deals with the level of 
contaminants in drinking Avater. For purposes of this subsection the 
Information 
disclosure. 
1688 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
"Information re-
quired under 
this section." 
"Grantee." 
term 'information required under this section' means any papers, 
books, documents, or information, or any particular part thereof, 
reported to or otherwise obtained by the Administrator under this 
section. 
"(e) For purposes of this section, (1) the term 'grantee' means any 
person who applies for or receives financial assistance, by grant, con-
tract, or loan guarantee under this title, and (2) the term 'person' 
includes a Federal agency. 
Establishment; 
membership. 
42 u s e 300J-5. 
Term of office, 
exceptions. 
Functions. 
Compensation. 
5 u s e 5332 
note. 
5 u s e app. I. 
NATIONAL DRINKING WATER ADVISORY COUNCIL 
"SEC. 1446. (a) There is established a National Drinking Water 
Advisory Council which shall consist of fifteen members appointed 
by the Administrator after consultation with the Secretary. Five mem-
bers shall be appointed from the general public; five members shall be 
appointed from appropriate State and local agencies concerned with 
water hygiene and public water supply; and five members shall be 
appointed from representatives of private organizations or groups 
demonstrating an active interest in the field of water hygiene and 
public water supply. Each member of the Council shall hold office 
for a term of three years, except that— 
"(1) any member appointed to fill a vacancy occurring prior 
to the expiration of the term for which his predecessor was 
appointed shall be appointed for the remainder of such term; and 
"(2) the terms of the members first taking office shall expire 
as follows: Five shall expire three years after the date of enact-
ment of this title, five shall expire two years after such date, and 
five shall expire one year after such date, as designated by the 
Administrator at the time of appointment. 
The members of the Council shall be eligible for reappointment. 
"(b) The Council shall advise, consult with, and make recom-
mendations to, the Administrator on matters relating to activities, 
functions, and policies of the Agency under this title. 
"(c) ISIembers of the Council appointed under this section shall, 
w'hile attending meetings or conferences of the Council or otherwise 
engaged in business of the Council, receive compensation and allow-
ances at a rate to be fixed by the Administrator, but not exceeding the 
daily equivalent of the annual rate of basic pay in effect for grade 
GS-18 of the General Schedule for each day (including traveltime) 
during wdiich they are engaged in the actual performance of duties 
vested in the Council. While away from their homes or regular places 
of business in the performance of services for the Council, members of 
the Council shall be allowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as persons employed intermittently 
in the Government service are allowed expenses under section 5703(b) 
of title 5 of the United States Code. 
"(d) Section 14(a) of the Federal Advisory Committee Act (relat-
ing to termination) shall not apply to the Council. 
42 u s e 300J-6. 
Ante, p. 1662. 
Recordkeeping; 
reports. 
Waiver, 
"FEDERAL 
AGENCIES 
"SEC. 1447. (a) Each Federal agency having jurisdiction over any 
federally owmed or maintained public water system shall comply with 
all national primary drinking water regulations in effect under section 
1412, and each Federal agency shall comply wdth any applicable under-
ground injection control program, and shall keep such records and 
submit such reports as may be required under such program. 
"(b) The Administrator shall w^aive compliance with subsection (a) 
upon request of the Secretary of Defense and upon a determination 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
16139 
Notice to con-
gressional com-
by the President that the requested waiver is necessary in the interest 
of national security. The Administrator shall maintain a written rec- 
Records, avaii-
ord of the basis upon which such waiver was granted and make such ^'''^''y-
record available for in camera examination when relevant in a judicial 
proceeding under this title. Upon the issuance of such a waiver, the 
Publication in 
Administrator shall publish in the Federal Eegister a notice that the ^^^"^^ Register 
waiver was granted for national security purposes, unless, upon the 
request of the Secretary of Defense, the Administrator determines to 
omit such publication because the publication itself would be contrary 
to the interests of national security, in which event the Administrator 
shall submit notice to the Armed Services Committee of the Senate mittVes 
and House of Representatives. 
"JUDICIAL REVIEW 
"SEC. 1448. (a) A petition for review of— 
^ 
^' ^^^ '°°j-'" 
" (1) action of the Administrator in promulgating any national 
primary drinking water regulation under section 1412, any regu-
lation under section 1413(b)(1), any regulation under section 
1414(c), any regulation for State underground injection control 
programs under section 1421, or any general regulation for the 
administration of this title may be filed only in the United States 
Court of Appeals for the District of Columbia Circuit; and 
"(2) action of the Administrator in promulgating any other 
regulation under this title, issuing any order under this title, or 
making any determination under this title may be filed only in 
the United States court of appeals for the appropriate circuit. 
Any such petition shall be filed within the 45-day period beginning 
on the date of the promulgation of the regulation or issuance of the 
order with respect to which review is sought or on the date of the 
determination w^ith respect to which review is sought, and may be filed 
after the expiration of such 45-day period if the petition is based solely 
on grounds arising after the expiration of such period. Action of the 
Administrator with respect to which review could have been obtained 
under this subsection shall not be subject to judicial review in any civil 
or criminal proceeding for enforcement or in any civil action to enjoin 
enforcement. 
"(b) The United States district courts shall have jurisdiction of 
Jurisdiction. 
actions brought to review (1) the granting of, or the refusing to grant, 
a variance or exemption under section 1415 or 1416 or (2) the require-
ments of any schedule prescribed for a variance or exemption under 
such section or the failure to prescribe such a schedule. Such an action 
may only be brought upon a petition for review filed with the court 
within the 45-day period beginning on the date the action sought to be 
reviewed is taken or, in the case of a petition to review the refusal to 
grant a variance or exemption or the failure to prescribe a schedule, 
within the 4:5-daj period beginning on the date action is required to be 
taken on the variance, exemption, or schedule, as the case may be. A 
petition for such review may be filed after the expiration of such 
period if the petition is based solely on grounds arising after the expira-
tion of such period. Action with respect to which review could have been 
obtained under this subsection shall not be subject to judicial review 
in any civil or criminal proceeding for enforcement or in any civil 
action to enjoin enforcement. 
"(c) In any judicial proceeding in which review is sought of a 
determination under this title required to be made on the record after 
notice and opportunity for hearing, if any party applies to the court 
for leave to adduce additional evidence and shows to the satisfaction 
1690 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
of the court that such additional evidence is material and that there 
were reasonable grounds for the failure to adduce such evidence in 
the proceeding before the Administrator, the court may order such 
additional evidence (and evidence in rebuttal thereof) to be taken 
before the Administrator, in such manner and upon such terms and 
conditions as the court may deem proper. The Administrator may 
modify his findings as to the facts, or make new findings, by reason 
of the additional evidence so taken, and he shall file such modified or 
new findings, and his recommendation, if any, for the modification 
or setting aside of his original determination, with the return of such 
additional evidence. 
"ClTlZEX's CIVIL ACTIOX 
42 use 300J-8. 
ugj,^_ ]^449_ (^^^ Except as provided in subsection (b) of this section, 
any person may commence a civil action on his own behalf— 
"(1) against any person (including (A) the United States, and 
(B) any other governmental instrumentality or agency to the 
extent permitted by the eleventh amendment to the Constitution) 
who is alleged to be in violation of any requirement prescribed by 
or under this title, or 
"(2) against the Administrator where there is alleged a failure 
of the Administrator to perform any act or duty under this title 
which is not discretionary with the Administrator. 
No action may be brought under paragraph (1) against a public water 
system for a violation of a requirement prescribed by or under this 
title which occurred within the 27-month period beginning on the first 
Jurisdiction. 
(j^y of tfic mouth in which this title is enacted. The United States dis-
trict courts shall have jurisdiction, without regard to the amount in 
controversy or the citizenship of the parties, to enforce in an action 
brought under this subsection any requirement prescribed by or under 
this title or to order the Administrator to perform an act or duty 
described in paragraph (2), as the case may be. 
"(b) No civil action may be commenced— 
"(1) under subsection (a) (1) of this section respecting viola-
tion of a requirement prescribed by or under this title— 
" (A) prior to sixty days after the plaintiff has given notice 
of such violation (i) to the Administrator, (ii) to any alleged 
violator of such requirement and (iii) to the State in which 
the violation occurs, or 
"(B) if the Administrator, the Attorney General, or the 
State has commenced and is diligently prosecuting a civil 
action in a court of the United States to require compliance 
with such requirement, but in any such action in a court of 
the United States any person may intervene as a matter of 
right; or 
"(2) under subsection (a)(2) of this section prior to sixty 
days after the plaintiff has given notice of such action to the 
Administrator. 
Notice, 
Notice required by this subsection shall be given in such manner as 
the Administrator shall prescribe by regulation. No person may com-
mence a civil action under subsection (a) to require a State to pre-
scribe a schedule under section 1415 or 1416 for a variance or 
exemption, unless such person shows to the satisfaction of the court that 
the State has in a substantial number of cases failed to prescribe such 
schedules. 
"(c) In any action under this section, the Administrator or the 
Attorney General, if not a party, may intervene as a matter of right. 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1691 
"(d) The court, in issuing any final order in any action brought gation.'' ° 
under subsection (a) of this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to any party 
whenever the court determines such an award is appropriate. The ^J^'J''^^ °^ 
court may, if a temporary restraining order or preliminary injunction 
is sought, require the filing of a bond or equiv^alent security in accord-
ance with the Federal Rules of Civil Procedure. 
is use app. 
"(e) Nothing in this section shall restrict any right which any per-
son (or class of persons) may have under any statute or common law 
to seek enforcement of any requirement prescribed by or under this 
title or to seek any other relief. 
a 
grants. 
GENERAL PROVISIONS 
"SEC. 1450. (a)(1) The Administrator is authorized to prescribe 
f2''usc'3°o'o-9 
such regulations as are necessary or appropriate to carry out his func-
tions under this title. 
"(2) The Administrator may delegate any of his functions under 
this title (other than prescribing regulations) to any officer or employee 
of the Agency. 
"(b) The Administrator, with the consent of the head of any other 
agency of the United States, may utilize such officers and employees of 
such agency as he deems necessary to assist him in carrying out the 
purposes of this title. 
"(c) LTpon the request of a State or interstate agency, the Adminis-
trator may assign personnel of the Agency to such State or interstate 
agency for the purposes of carrying out the provisions of this title. 
"(d)(1) The Administrator may make payments of grants under 
Payments o
f 
this title (after necessary adjustment on account of previously made "'"" ° 
underpayments or overpayments) in advance or by way of reimburse-
ment, and in such installments and on such conditions as he may 
determine. 
"(2) Financial assistance may be made available in the form of 
grants only to individuals and nonprofit agencies or institutions. For 
"Nonprofit 
purposes of this paragraph, the term 'nonprofit agency or institution' hfrt'it^iTti'^'n." 
means an agency or institution no i)art of the net earnings of which 
inure, or may lawfully inure, to the benefit of any private shareholder 
or individual. 
"(e) The Administrator shall take such action as may be necessary 
to assure compliance with provisions of the Act of March 3, 1931 
(known as the Davis-Bacon Act; 40 U.S.C. 276a-276a(5)). The Sec- 
^o use 276a 
retary of Labor shall have, with respect to the labor standards specified "° ^' 
in this subsection, the authoritv and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (15 F.R, 3176; 64 Stat. 1267) and 
s use app. 
section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). 
"(f) The Administrator shall request the Attorney General to 
appear and represent him in any civil action instituted nnder this title 
to which the Administrator is a party. Unless, within a reasonable 
time, the Attorney General notifies the Administrator that lie will 
appear in such action, attorneys appointed by the Administrator shall 
appear and represent him. 
"(g) The provisions of this title shall not be construed as affecting 
any authority of the Administrator under part G of title I I I of this 
A c t . 
42 u s e 264. 
"(h) Not later than April 1 of each year, the Administrator shall rfs^i\ona\°co^mit 
submit to the Committee on Commerce of the Senate and the Com- tees. 
mittee on Interstate and Foreign Commerce of the House of Repre-
sentatives a report respecting the activities of the Agency under this 
1692 
PUBLIC LAW 93-523-DEC. 16, 1974 
[88 STAT. 
OMB review, 
submittal to 
congressional 
committees. 
Discrimination, 
prohibition. 
Filing of 
complaint. 
Investigation. 
title and containing such recommendations for legislation as he con-
siders necessary. The report of the Administrator under this subsec-
tion which is due not Later than April 1, 1975, and each subsequent 
report of the Administrator under this subsection shall include a 
statement on the actual and anticipated cost to public water systems 
in each State of compliance with the requirements of this title. The 
Office of Management and Budget may review any report required by 
this subsection before its submission to such committees of Congress, 
but the Office may not revise any such report, require any revision in 
any such report, or delay its submission beyond the day prescribed 
for its submission, and may submit to such committees of Co-\'^ress its 
comments respecting any such report. 
"(i) (1) No employer may discharge any employee or otherwise dis-
criminate against any employee with respect to his compensation, 
terms, conditions, or privileges of employment because the employee 
(or any person acting pursuant to a request of the employee) has— 
"(A) commenced, caused to be commenced, or is about to com-
mence or cause to be commenced a proceeding under this title 
or a proceeding for the administration or enforcement of drink-
ing water regulations or underground injection control programs 
of a State, 
"(B) testified or is about to testify in any such proceeding, or 
"(C) assisted or participated or is about to assist or participate 
in any manner in such a proceeding or in any other action to carry 
out the purposes of this title. 
"(2) (A) Any employee w^ho believes that he has been discharged 
or otherwise discriminated against by any person in violation of para-
graph (1) may, within 30 days after such violation occurs, file (or 
have any person file on his behalf) a complaint with the Secretary of 
Labor (hereinafter in this subsection referred to as the 'Secretary') 
alleging such discharge or discrimination. Upon receipt of such a com-
plaint, the Secretary shall notify the person named in the complaint 
of the filing of the complaint. 
"(B) (i) Upon receipt of a complaint filed under subparagraph 
(A), the Secretary shall conduct an investigation of the violation 
alleged in the complaint. Within 30 days of the receipt of such com-
plaint, the Secretary shall complete such investigation and shall 
notify in writing the complainant (and any person acting in his behalf) 
and the person alleged to have committed such violation of the results 
of the investigation conducted pursuant to this subparagraph. Within 
90 days of the receipt of such complaint the Secretary shall, unless the 
proceeding on the complaint is terminated by the Secretary on the 
basis of a settlement entered into by the Secretary and the person 
alleged to have committed such violation, issue an order either pro-
viding the relief prescribed by clause (ii) or denying the complaint. 
An order of the Secretary shall be made on the record after notice and 
opportunity for agency hearing. The Secretary may not enter into a 
settlement terminating a proceeding on a complaint without the par-
ticipation and consent of the complainant. 
"(ii) If iii response to a complaint filed under subparagraph (A) 
the Secretary determines that a violation of paragraph (1) has 
o?curred, the Secretary shall order (I) the person who committed 
such violation to take affirmative action to abate the violation, (II) 
such person to reinstate the complainant to his former position 
together with the compensation (including back pay), terms, condi-
tions, and privileges of his employment, (III) compensatory damages, 
and (IV) where appropriate, exemplary damages. If such an order 
is issued, the Secretary, at the request of the complainant, shall assess 
Petition for 
5 use 701, 
88 STAT. ] 
PUBLIC LAW 93-523-DEC. 16, 1974 
1693 
against the person against whom the order is issued a sum equal to the 
aggregate amount of all costs and expenses (including attorneys' fees) 
reasonably incurred, as determined by the Secretary, by the com-
plainant for, or in connection with, the bringing of the complaint upon 
which the order was issued. 
"(3) (A) Any person adversely affected or aggrieved by an order 
issued under paragraph (2) may obtain review of the order in the 
United States Court of Appeals for the circuit in which the violation, 
with respect to which the order was issued, allegedly occurred. The 
petition for review must be filed within sixty days from the issuance 
of the Secretary's order. Review shall conform to chapter 7 of title 5 
of the United States Code. The commencement of proceedings under 
this subparagraph shall not, unless ordered by the court, operate as a 
stay of the Secretary's order. 
"(B) An order of the Secretary with respect to which review could 
have been obtained under subparagraph (A) shall not be subject to 
judicial review in any criminal or other civil proceeding. 
"(4) Whenever a person has failed to comply with an order issued 
Noncompliance 
under paragraph (2) (B), the Secretary shall file a civil action in the '''"'^ action. 
United States District Court for the district in which the violation 
was found to occur to enforce such order. In actions brought under 
this paragraph, the district courts shall have jurisdiction to grant all 
appropriate relief including, but not limited to, injunctive relief, com-
pensatory, and exemplary damages. Civil actions filed under this para-
graph shall be heard and decided expeditiously. 
"(5) Any nondiscretionary duty imposed by this section is enforce- 
Mandamus pro-
able in mandamus proceeding brought under section 1361 of title 28 "^^ '"^' 
of the United States Code. 
"(6) Paragraph (1) shall not apply with respect to any employee 
who, acting without direction from his employer (or the employer's 
aofent). deliberately causes a violation of any requirement of this 
title." 
(b) Section 2(f) of the Public Health Service Act is amended by 
'•^ use 201. 
inserting "(1)" after "except that" and by inserting before the semi-
colon at the end thereof the following: ", and (2) as used in title 
X I V such term includes Guam, American Samoa, and the Trust Terri- 
^"'«' P- ^^ei. 
toiy of the Pacific Islands". 
RURAL WATER SURVEY 
SEC. 3. (a) The Administrator of the Environmental Protection 
^2 use soof 
Agency shall (after consultation with the Secretarj^ of Agriculture "°*^-
and the several States) enter into arrangements with public or private 
entities as may be appropriate to conduct a survey of the quantity, 
quality, and availability of rural drinking water supplies. Such survey 
shall include, but not be limited to, the consideration of the number of 
residents in each rural area— 
(1) presently being inadequately served by a public or private 
drinking water supply system, or by an individual home drinking 
water supply system; 
(2) presently having limited or otherwise inadequate access to 
drinking water; 
(3) who, due to the absence or inadequacv of a drinking water 
supply system, are exposed to an increased health hazard; and 
(4) who have experienced incidents of chronic or acute illness, 
which may be attributed to the absence or inadequacy of a drink-
ing water supply system. 
1694 
PUBLIC LAW 93-524-DEC. 18, 1974 
[88 STAT. 
Report to 
President and 
Congress. 
Appropriations. 
(b) Such survey shall be completed within eighteen months of 
the date of enactment of this Act and a final report thereon submitted, 
not later than six months after the completion of such survey, to the 
President for transmittal to the Congress. Such report shall include 
recommendations for improving rural water supplies. 
(c) There are authorized to be appropriated to carry out the pro-
visions of this section $1,000,000 for the fiscal year ending June 30, 
1975; $2,000,000 for the fiscal year ending June 80, 1976; and 
$1,000,000 for the fiscal year ending June 80,1977. 
BOTTLED DRINKING 
WATER 
21 u s e 348. 
21 u s e 349. 
Ante, p. 1662. 
Publication in 
Federal Register. 
SEC. 4. Chapter IV of the Federal Food, Drug, and Cosmetic Act is 
amended by adding after section 409 the followhig new section: 
a 
BOTTLED DRINKING WATER STANDARDS 
"SEC. 410. Whenever the Administrator of the Environmental Pro-
tection Agency prescribes interim or revised national primary drink-
ing water regulations under section 1412 of the Public Health Service 
Act, the Secretary shall consult with the Administrator and within 
180 days after the promulgation of such drinking water regulations 
either promulgate amendments to regulations under this chapter appli-
cable to bottled drinking water or publish in the Federal Register his 
reasons for not making such amendments.". 
Approved December 16, 1974. 
December 18, 1974 
[S.1353] 
Public Law 93-524 
AN ACT 
To deduct from gross tonnage in determining net tonnage those spaces on board 
vessels used for waste materials. 
Vessels. 
Net tonnage 
for waste 
materials. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 4153 
of the Revised Statutes (46 XJ.S.C. 77) is amended by inserting follow-
ing paragraph (d) the following new paragraph: 
"(e) Space occupied by machinery used exclusively to separate, 
clarify, purify, or process, a ship's own slop oil mixture, tank-cleaning 
residue, bilge residue, or other waste materials, including sewage 
garbage, galley wastes, or trash and space occupied by any tank, tanks, 
or collection area used exclusively for the carriage or collection of such 
slop oil mixture, tank-cleaning residue, or other waste materials, but 
not to exceed a maximum space deduction established by regulations 
hereunder. The Secretary of the department in which the Coast Guard 
is operating in consultation with the Administrator of the Environ-
mental Protection Agency, shall issue regulations to define the slop 
oil mixtures, cleaning residue, and waste materials, establish the 
maximum deductions which may be made, define the manner in which 
the spaces shall be used and marked, and as necessary otherwise to 
carry out the provisions of this paragraph." 
SEC. 2. Section 4153 of the Revised Statutes (46 XJ.S.C. 77) is 
further amended by redesignating existing paragraphs (e) through 
(i) as (f) through (j). 
Approved December 18, 1974.