[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4314 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4314

              To reauthorize the Safe Drinking Water Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 1994

  Ms. Lambert (for herself, Mr. Synar, and Mr. Studds) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
              To reauthorize the Safe Drinking Water Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Safe Drinking 
Water Reform Act of 1994''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents; references.
Sec. 2. Definitions.
Sec. 3. State revolving funds.
Sec. 4. State source water programs.
Sec. 5. Exemptions for public water systems.
Sec. 6. Protection from cryptosporidium.
Sec. 7. Small system best available technology.
Sec. 8. Sanitary surveys.
Sec. 9. Drinking water research, education, and certification.
Sec. 10. Occurrence data base.
Sec. 11. Monitoring for unregulated contaminants.
Sec. 12. National drinking water regulations.
Sec. 13. State drinking water program.
Sec. 14. State programs for assuring system viability.
Sec. 15. Emergency plans.
Sec. 16. Internal system sources of contamination.
Sec. 17. Reports to EPA.
Sec. 18. Enforcement.
    (c) References to Title XIV of the Public Health Service Act.--
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title XIV of the Public 
Health Service Act (commonly known as the ``Safe Drinking Water Act'') 
(42 U.S.C. 300f et seq.).

SEC. 2. DEFINITIONS.

    Section 1401 is amended by adding the following new paragraphs at 
the end thereof:
            ``(15) The term `community water system' means a public 
        water system which serves at least 15 service connections used 
        by year-round residents or regularly serves at least 25 year-
        round residents.
            ``(16) The term `non-community water system' means a public 
        water system that is not a community water system.
            ``(17) The term `underground source of drinking water' 
        means an aquifer or portion thereof--
                    ``(A) which supplies any public water system; or
                    ``(B) which contains a sufficient quantity of 
                ground water to supply a public water system and (i) 
                currently supplies drinking water for human consumption 
                or (ii) contains fewer than 10,000 mg/l total dissolved 
                solids.
            ``(18) The term `State Source Water Assessment Program' 
        means a State program which meets the requirements of section 
        1428.
            ``(19) The term `drinking water protection area' means, for 
        any community water system, any surface or subsurface area from 
        or through which contaminants may reasonably be anticipated to 
        move toward, and enter, the system. Such term includes any 
        drinking water basin or ground water area, such as an aquifer 
        recharge area or the surface and sub-surface area surrounding a 
        water well or well field supplying a community water system.
            ``(20) The term `source waters' means the waters entering a 
        community water system.''.

SEC. 3. STATE REVOLVING FUNDS.

    Section 1443 is amended by redesignating subsection (c) as (d) and 
by adding the following new subsection after subsection (b):
    ``(c) State Revolving Funds.--
            ``(1) General authority.--
                    ``(A) Grants to states to establish revolving 
                funds.--The Administrator shall enter into agreements 
                with States having primary enforcement responsibility 
                for public water systems to make capitalization grants, 
                including letters of credit, to the States under this 
                subsection to further the health protection objectives 
                of this Act. The grants shall be allotted to the States 
                in accordance with this section and deposited in 
                drinking water treatment revolving funds established by 
                the State.
                    ``(B) Use of funds.--Amounts deposited in such 
                revolving funds, including loan repayments and interest 
                earned on such amounts, shall be used only for 
                providing loans or other financial assistance of any 
                kind or nature that the State deems appropriate to 
                public water systems. Such financial assistance may be 
                used by a public water system only for expenditures 
                (not including operation, and maintenance expenditures 
                and not including monitoring, except as provided in 
                section 1430(b)(2)) of a type or category which the 
                Administrator has determined, through guidance, will 
                facilitate compliance with national primary drinking 
                water regulations applicable to such system under 
                section 1411 or otherwise significantly further the 
                health protection objectives of this title. 15 percent 
                of the amount credited to any revolving fund 
                established under this section in any fiscal year shall 
                be available solely for providing loan assistance to 
                public water systems which regularly serve less than 
                10,000 individuals.
                    ``(C) Fund management.--Each State revolving fund 
                under this subsection shall be established, maintained, 
                and credited with repayments and interest. The fund 
                corpus shall be available in perpetuity for providing 
                financial assistance under this section. To the extent 
                amounts in each such fund are not required for current 
                obligation or expenditure such amounts shall be 
                invested in interest bearing obligations of the State 
                or of the United States. The Administrator and the 
                States shall take such steps as may be necessary to 
                insure that amounts made available under this 
                subsection are deposited in State revolving funds and 
                earning interest as promptly as practicable after the 
                commencement of the fiscal year in which such funds are 
                made available.
                    ``(D) Grants from revolving funds.--A State may not 
                provide assistance in the form of grants from a State 
                revolving fund established under this subsection in an 
                aggregate amount which exceeds the sum of any interest 
                collected on deposits in such State revolving fund plus 
                amounts deposited in such fund by the State pursuant to 
                paragraph (3). Such grants may only be made to public 
                water systems owned by a governmental or inter-
                governmental agency, a non-profit organization, an 
                Indian tribe, or any combination thereof which the 
                State finds to be experiencing financial hardship.
                    ``(E) Investor-owned public water systems.--In the 
                case of any public water system not owned by a 
                governmental or inter-governmental agency, a non-profit 
                organization, an Indian tribe, or any combination 
                thereof, the State may provide assistance from a State 
                revolving fund under this subsection only to those 
                systems having the greatest public health needs and 
                financial need. The State may provide loan assistance 
                to any such system from such a State revolving fund 
                only after making a determination that the system has 
                the ability to repay the loan according to its terms 
                and conditions. States are authorized to require such 
                systems to identify a dedicated source for repayment of 
                the loans and to impose such other requirements as may 
                be necessary to assure loan repayment.
            ``(2) Specific requirements.--The Administrator shall enter 
        into an agreement with a State under this subsection only after 
        the State has established to the satisfaction of the 
        Administrator that--
                    ``(A) the State will deposit all grants received 
                from the Administrator under this subsection, together 
                with all repayments and interest on such grants, in a 
                drinking water treatment revolving fund established by 
                the State in accordance with this subsection; and
                    ``(B) no loan or other financial assistance will be 
                provided to a public water system from such revolving 
                fund to be used for any expenditure that could be 
                avoided or significantly reduced by appropriate 
                consolidation of that public water system with any 
                other public water system, except that in such cases 
                such assistance may be provided from the revolving fund 
                for such consolidation.
        The Administrator, in consultation with the States and public 
        water systems, shall establish criteria to be applied in 
        determining when the consolidation of public water systems is 
        appropriate.
            ``(3) State contribution.--In the case of grants made after 
        fiscal year 1994, each agreement under this subsection shall 
        require that the State deposit in the fund from State moneys an 
        amount equal to at least 20 percent of the total amount of the 
        grant to be made to the State on or before the date on which 
        the grant payment is made to the State.
            ``(4) Combined financial administration.--Notwithstanding 
        subparagraph (A) of paragraph (2), a State may combine the 
        financial administration of a revolving fund established under 
        this subsection with the financial administration of any other 
        revolving fund established by the State if the Administrator 
        determines that--
                    ``(A) the grants under this subsection, together 
                with loan repayments and interest, will be separately 
                accounted for and used solely for the purposes 
                specified in paragraph (1); and
                    ``(B) the authority to establish assistance 
                priorities and carry out oversight and related 
                activities (other than financial administration) with 
                respect to such assistance remains with the State 
                agency having primary responsibility for administration 
                of the State program under this part.
            ``(5) Fund administration.--(A) Each State may use up to 4 
        percent of the grants in a revolving fund established under 
        this subsection to cover the reasonable costs of administration 
        of the assistance program under this subsection and of 
        providing technical assistance to public water systems within 
        the State. For fiscal year 1994, each State may use up to 2 
        percent of the grants in any such revolving fund for public 
        water system supervision if the State matches such expenditures 
        with at least an equal amount of non-Federal funds (additional 
        to the amount expended by the State for public water 
        supervision in fiscal year 1993). An additional 1 percent of 
        the grants in such fund shall be used by each State to provide 
        technical assistance to public water systems in such State.
            ``(B) The Administrator shall publish such guidance and 
        promulgate such regulations as may be necessary to carry out 
        the provisions of this section, including--
                    ``(i) provisions to ensure that each State commits 
                and expends funds from revolving funds established 
                under this subsection in accordance with this Act and 
                applicable Federal and State laws,
                    ``(ii) guidance to prevent waste, fraud, and abuse, 
                and
                    ``(iii) guidance to avoid the use of funds made 
                available under this subsection to finance the 
                expansion of any public water system in anticipation of 
                future population growth.
        Such guidance and regulations shall also insure that the 
        States, and public water systems receiving assistance under 
        this subsection, use accounting, audit, and fiscal procedures 
        that conform to generally accepted accounting standards.
            ``(C) Each State administering a revolving fund and 
        assistance program under this subsection shall publish and 
        submit to the Administrator a report every 2 years on its 
        activities under this subsection, including the findings of the 
        most recent audit of the fund. The Administrator shall 
        periodically audit all revolving funds established under this 
        subsection in accordance with procedures established by the 
        Comptroller General.
            ``(6) Needs survey.--The Administrator shall conduct an 
        assessment of financial needs of all public water systems in 
        the United States and submit a report to the Congress 
        containing the results of such assessment within 2 years after 
        the date of the enactment of this subsection.
            ``(7) Indian tribes.--One and \1/2\ percent of the amounts 
        appropriated to carry out this subsection may be used by the 
        Administrator to make grants to Indian Tribes and Alaskan 
        Native Villages which are not eligible to receive either 
        capitalization grants from the Administrator under this 
        subsection or assistance from State revolving funds established 
        under this subsection. Such grants shall be used for 
        expenditures by such tribes and villages for public water 
        system expenditures referred to in paragraph (1)(B).
            ``(8) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the purposes of this subsection 
        $599,000,000 for the fiscal year 1994 and $1,000,000,000 for 
        each of the fiscal years 1995, 1996, and 1997, and such sums as 
        may be necessary thereafter.
            ``(9) Definition.--For purposes of this subsection, the 
        term `State' does not include the District of Columbia, the 
        Virgin Islands, the Northern Mariana Islands, American Samoa, 
        Guam, and the Trust Territory of the Pacific Islands. For 
        purposes of this subsection, the Administrator may treat any 
        Alaskan Native Village as a State in the same manner as 
        provided in section 1451 in the case of Indian Tribes.''.

SEC. 4. STATE SOURCE WATER PROGRAMS.

    (a) In General.--Strike section 1428 and insert the following after 
section 1427:

  ``Subpart 2--State Source Water Assessment and Pollution Prevention 
                                Programs

``SEC. 1428. STATE SOURCE WATER ASSESSMENT PROGRAMS.

    ``(a) State Source Water Assessment Programs.--The Governor of each 
State shall, within 2 years after the date of enactment of this 
section, adopt and submit to the Administrator a State Source Water 
Assessment Program. Each such program shall, at a minimum--
            ``(1) ensure the implementation, within 4 years after such 
        date, (according to a written plan, with schedules and 
        milestones) of a local source water assessment program under 
        subsection (b) for each community water system within the 
        State;
            ``(2) provide for coordination among Federal, State and 
        local agencies with authority over ground water and surface 
        water and address priority-setting, data collection and 
        management; and
            ``(3) delineate all drinking water protection areas within 
        the State.
The Administrator shall issue guidance within 12 months after enactment 
of this section to assist States in developing and implementing State 
Source Water Assessment Programs.
    ``(b) Local Source Water Assessment Programs.--A local source water 
assessment program under this subsection shall include each of the 
following elements:
            ``(1) The program shall designate a local or regional 
        management entity for each area delineated (as provided in 
        subsection (a)) as a drinking water protection area for any 
        community water system or systems. The local or regional 
        management entity shall be authorized to manage the local 
        source water assessment program for the drinking water 
        protection area in cooperation with the community water system 
        or systems for which such area has been delineated.
            ``(2) The program shall assess the susceptibility of such 
        community water system or systems to contamination from 
        sources, or categories of sources, of contamination located 
        within the drinking water protection area.
            ``(3) The program shall ensure public education and 
        participation to inform the customers of such community water 
        system or systems of the contamination concerns within the 
        drinking water protection areas.
    ``(c) Approval.--
            ``(1) In general.--Within 9 months after receipt of a State 
        Source Water Assessment Program, the Administrator shall 
        approve or disapprove the State Program. If, in the judgment of 
        the Administrator, the program (or any portion thereof) meets 
        the requirements of this section the Administrator shall 
        approve such program (or portion thereof).
            ``(2) Additional authorities of the administrator.--If a 
        State fails to submit or implement a State Source Water 
        Assessment Program that meets the requirements of this section, 
        the Administrator may--
                    ``(A) withhold capitalization grants, including 
                letters of credit, to the States under section 1443(c) 
                (relating to State revolving funds);
                    ``(B) delineate drinking water protection areas in 
                the State; or
                    ``(C) take any combination of the foregoing 
                actions.
            ``(3) EPA review of state programs.--At 3-year intervals 
        after the approval of a State Source Water Assessment Program, 
        the State shall submit to the Administrator a status report 
        concerning the implementation of the program. The report shall 
        include any amendments to the program during the 3-year period 
        covered by the report.

``SEC. 1429. STATE DRINKING WATER POLLUTION PREVENTION PROGRAMS; 
              MONITORING RELIEF.

    ``(a) State Drinking Water Pollution Prevention Programs.--A State 
with primary enforcement responsibility under this part and an approved 
Source Water Assessment Program may apply to the Administrator for 
approval of a State Drinking Water Pollution Prevention Program under 
this section. The State Drinking Water Pollution Prevention Program 
shall specify each of the following:
            ``(1) Procedures used by the State to issue or deny 
        monitoring relief under subsection (c) based on the existence 
        of local drinking water pollution prevention programs. Such 
        procedures shall specify that monitoring relief under 
        subsection (c) be available only if a local drinking water 
        pollution prevention program is designed to ensure that 
        drinking water maximum contaminant levels will not be violated. 
        States may establish different procedures or alternative 
        criteria for pollution prevention programs for systems serving 
        less than 3,300 persons.
            ``(2) Any additional State requirements or eligibility 
        criteria applicable to local drinking water pollution 
        prevention programs in order to receive monitoring relief.
            ``(3) A form for application for monitoring relief based on 
        the existence of a local drinking water pollution prevention 
        program.
            ``(4) The availability of community technical assistance 
        for local drinking water systems.
    ``(b) Approval of State Drinking Water Pollution Prevention 
Programs.-- The Administrator shall, by regulation, prescribe the form 
and manner in which a State shall apply for approval of a State 
Drinking Water Pollution Prevention Program under this section. Within 
9 months after receipt of a State Drinking Water Pollution Prevention 
Program, the Administrator shall approve or disapprove the State 
Program. If, in the judgment of the Administrator, the program (or any 
portion thereof) meets the requirements of this section and the 
Administrator's regulations promulgated under this section, the 
Administrator shall approve such program (or portion thereof). The 
Administrator shall prescribe such regulations as the Administrator 
deems necessary for a State's Drinking Water Pollution Prevention 
Program and for the alternative monitoring to be permitted under such 
program, including regulations requiring limited baseline monitoring by 
public water systems for each contaminant covered by the alternative 
monitoring.
    ``(c) Monitoring Relief.--Any State with an approved State Drinking 
Water Pollution Prevention Program may establish tailored monitoring 
(hereinafter in this section referred to as `monitoring relief') for 
public water systems within the State the source waters of which are 
covered by local drinking water pollution prevention programs which 
meet the requirements of subsection (d). The State shall approve 
monitoring relief for a specific contaminant for a system only if 
monitoring demonstrates that the contaminant is not present in the 
water supply or, if present, is reliably and consistently at levels 
substantially below the maximum contaminant level, taking into account 
seasonal variations in contaminant levels. If a contaminant covered by 
the monitoring relief program is detected at levels above or close to 
the maximum contaminant level, the program shall provide that the 
public water system must either--
            ``(1) demonstrate that the contamination source has been 
        removed or remedied to eliminate the contamination problem, or
            ``(2) test for the detected contaminant pursuant to 
        monitoring regulations applicable under this part to systems 
        without monitoring relief for the detected contaminant.
Monitoring relief under this section shall not apply to microbiological 
contaminants or to contaminants caused in part by the treatment or 
distribution of drinking water (including corrosion byproducts, 
disinfection byproducts, and lead).
    ``(d) Local Drinking Water Pollution Prevention Programs.--For 
purposes of this Act, the term `local drinking water pollution 
prevention program' means a program which includes a local source water 
assessment program under section 1428, together with each of the 
following additional elements:
            ``(1) A detailed inventory of contamination sources, and a 
        vulnerability assessment, for the drinking water protection 
        area.
            ``(2) Requirements for establishment and adoption of 
        management measures to assure pollution prevention for 
        significant sources of contaminants within the drinking water 
        protection area, including each source in any category for 
        which guidance is provided by the Administrator. Such 
        requirements shall give a priority to contaminants covered by 
        the alternative monitoring program which are detected at 
        meaningful levels in the system's drinking water.
            ``(3) Ongoing surveillance activities within the drinking 
        water protection area and field monitoring periodically of 
        significant contamination sources.
            ``(4) Reviews and updates of the program, including the 
        source inventory and vulnerability assessment, to identify and 
        control new and evolving significant sources of contamination.
            ``(5) Public education activities to inform the customers 
        of such community water system or systems of the contamination 
        concerns within the drinking water protection area and the 
        pollution prevention management measures available which could 
        be utilized to address these concerns.
The Administrator shall issue, within 12 months after enactment of this 
section, guidance to describe, for different categories of significant 
sources of contamination, pollution prevention management measures for 
drinking water protection areas, and shall ensure consistency with 
other applicable Federal programs.
    ``(e) Small System Pollution Prevention Programs.--Requirements for 
drinking water pollution prevention programs for systems serving under 
3,300 persons may vary based on State criteria.

``SEC. 1430. GENERAL PROVISIONS RELATING TO SOURCE WATER ASSESSMENT AND 
              DRINKING WATER POLLUTION PREVENTION.

    ``(a) Public Participation.--Each State Source Water Assessment 
Program and each local source water assessment or local drinking water 
pollution prevention program under this subpart shall include 
procedures to encourage the public to participate in developing the 
program. Such procedures shall include notice and opportunity for 
public hearing on such program before it is submitted to the 
Administrator (or to the State in the case of a local assessment or 
pollution prevention program).
    ``(b) Funding for Local Programs.--Up to 10 percent of the amounts 
in a State Revolving Fund for Drinking Water established under section 
1443(c) may be used for not more than 2 years--
            ``(1) to assist local management entities for drinking 
        water protection areas designated under a State's approved 
        Source Water Assessment Program in developing and implementing 
        local source water assessment and local drinking water 
        pollution prevention programs; and
            ``(2) to assist in paying the costs of source water 
        monitoring for any community water system serving less than 
        3,300 persons for which a drinking water pollution prevention 
        program is in effect.
    ``(c) Non-Community Water Systems.--The Administrator shall 
encourage States to establish local drinking water pollution prevention 
programs for all non-community water systems and shall provide 
technical and other guidance to the States on means for achieving this 
objective.
    ``(d) Grants.--The Administrator shall make grants to the States 
for not more than 90 percent of the costs incurred by any State (as 
determined by the Administrator) in developing and implementing each 
approved State Source Water Assessment Program and each approved State 
Drinking Water Pollution Prevention Program.
    ``(e) Savings.--Nothing in this part shall be construed to affect 
the Administrator's authority to grant monitoring relief pursuant to 
regulations in effect on the date of the Safe Drinking Water Reform Act 
of 1994 under section 1412.''.
    (b) Technical and Conforming Amendments.--Title XIV is amended as 
follows:
            (1) Strike the heading for part C and insert the following:

             ``PART C--DRINKING WATER POLLUTION PREVENTION.

                 ``Subpart 1--Underground Injection''.

            (2) The table of contents is amended as follows:
                    (A) Strike the heading for part C and insert the 
                following:

             ``PART C--DRINKING WATER POLLUTION PREVENTION

                 ``Subpart 1--Underground Injection''.

                    (B) Strike the item relating to section 1428 and 
                insert after the item relating to section 1427 the 
                following:

  ``Subpart 2--State Source Water Assessment and Pollution Prevention 
                                Programs

``Sec. 1428. State source water assessment programs.
``Sec. 1429. State Drinking Water Pollution Prevention Programs; 
                            monitoring relief.
``Sec. 1430. General provisions relating to source water assessment and 
                            drinking water pollution prevention.''.

SEC. 5. EXEMPTIONS FOR PUBLIC WATER SYSTEMS.

    (a) Exemptions.--Section 1416(a) is amended by striking ``and'' and 
the end of paragraph (2), striking the period at the end of paragraph 
(3) and inserting ``; and'' and by adding the following at the end 
thereof:
            ``(4) the source waters of the system are within a drinking 
        water protection area with a local drinking water pollution 
        prevention program established and implemented in accordance 
        with subpart 2 of part C.
A State's authority to grant exemptions under this subsection shall not 
apply to microbiological contaminants, contaminants for which short-
term exposure can cause acute health effects, or to contaminants caused 
in part by the treatment or distribution of drinking water (including 
corrosion byproducts, disinfection byproducts, lead).''
    (b) Procedures and Requirements.--Section 1416 is amended by 
striking subsections (b) through (g) and inserting:
    ``(b) Analysis of Local Drinking Water Pollution Prevention 
Program.--An exemption under this section shall be based on a written 
analysis demonstrating that implementation of the local drinking water 
pollution prevention program will result in--
            ``(1) full compliance with the maximum contaminant level 
        for each contaminant subject to the exemption within a 
        reasonable period not to exceed 5 years, and
            ``(2) an interim supply of drinking water that protects 
        public health for the limited duration of the exemption.
The analysis shall be prepared in accordance with regulations issued by 
the Administrator and taking into account seasonal variations in 
contaminant levels. Each State which issues an exemption under this 
section shall promptly notify the Administrator of the exemption, 
including the basis for the analysis under this subsection.
    ``(c) State Provisions.--An exemption under this subsection for any 
public water system shall require implementation by the public water 
system of such control measures and interim milestones as the State may 
require for each contaminant subject to the exemption. Before granting 
an exemption under this section, the State shall provide public notice 
to each drinking water consumer and an opportunity for comment. A 
notice given pursuant to the preceding sentence may cover the granting 
of more than one such exemption.''.

SEC. 6. PROTECTION FROM CRYPTOSPORIDIUM.

    Section 1412(b)(3) is amended by adding the following new 
subparagraph at the end thereof:
    ``(E) Not later than 3 years after the enactment of this 
subparagraph the Administrator shall publish a maximum contaminant 
level goal and promulgate a national primary drinking water regulation 
for cryptosporidium. Paragraph (10) shall not apply for purposes of 
such regulations but such regulations shall take effect within 30 
months after the date of promulgation.''.

SEC. 7. SMALL SYSTEM BEST AVAILABLE TECHNOLOGY.

    (a) Small System Variances.--Section 1415 is amended by adding at 
the end the following:
    ``(e) Small System Variances.--(1) A State with primary enforcement 
responsibility under this part may grant to owners or operators of 
community water systems variances under this subsection from maximum 
contaminant level requirements or treatment technique requirements if 
the systems comply with this subsection and the regulations promulgated 
by the Administrator under this subsection.
    ``(2) Only community water systems which serve fewer than 3,300 
persons and which cannot comply with national primary drinking water 
regulations through restructuring or obtaining alternate supplies of 
drinking water shall be eligible for a variance under this subsection. 
A variance under this subsection may be issued only if the State finds 
that the variance would protect public health, considering the limited 
duration of the variance.
    ``(3) The Administrator shall promulgate regulations regarding 
variances issued under this subsection. The regulations shall include 
each of the following--
            ``(A) Procedures to be used by a State to issue or deny 
        such variances or to issue conditional approval of such a 
        variance.
            ``(B) Eligibility criteria for the variance, including--
                    ``(i) the quality of source water and the adequacy 
                of drinking water pollution prevention programs for 
                eligible systems; and
                    ``(ii) the financial and technical capacity of 
                eligible systems, including operator qualifications.
            ``(C) A form for applications for the variance, and 
        requirements respecting the time by which applications must be 
        submitted.
            ``(D) Requirements for the installation and proper 
        operation, by each system subject to the variance, of 
        technology identified by the Administrator as feasible (within 
        the meaning of section 1412(b)(5)) for community water systems 
        serving fewer than 3,300 persons (referred to in this Act as 
        `small system best available technology').
In order to reduce costs, variances may be granted under this 
subsection in a single process for more than one system and any 
variance may cover individual contaminants or categories of 
contaminants. Variances under this subsection shall be granted without 
regard to subsections (a) through (d) of this section.
    ``(4) No application for a variance under this subsection may be 
submitted after the date 2 years after the later of the following:
            ``(A) The date of promulgation of regulations under 
        paragraph (3).
            ``(B) The date of promulgation of the maximum contaminant 
        level with respect to which such variance is issued.
    ``(5) A variance under this subsection shall be in effect for 5 
years except as provided in paragraph (6). Upon the application of a 
system, a State may renew a variance for additional 5-year terms upon a 
determination that the system remains eligible for the variance and is 
conforming to all conditions of the variance.
    ``(6) A State shall at any time revoke a variance in effect under 
this subsection if the State finds that the system is no longer 
eligible for the variance, that the system has failed to comply with 
any term or condition of the variance, or that the continued 
application of the variance would not protect public health.
    ``(7) The failure or refusal of any person to comply with any term 
or condition of a variance in effect under this subsection shall be a 
violation of this Act.''.

SEC. 8. SANITARY SURVEYS.

    Section 1413(a)(2) is amended by inserting after ``by regulation'' 
the following: ``and such inspections as may be necessary to comply 
with the `Guidelines for Sanitary Surveys' published by the 
Administrator''. In the case of States exercising primary enforcement 
responsibility under section 1413 of the Safe Drinking Water Act, the 
amendment made by the preceding sentence shall take effect on the date 
18 months after the enactment of this Act.

SEC. 9. DRINKING WATER RESEARCH, EDUCATION, AND CERTIFICATION.

    (a) Proficiency Certification.--(1) Section 1413(a) is amended by 
striking ``and'' at the end of paragraph (4), by striking the period at 
the end of paragraph (5) and inserting a semicolon, and by adding the 
following at the end thereof:
            ``(6) has adopted and is implementing (within 1 year after 
        the adoption of regulations under section 1442(h)) requirements 
        for the certification of operators of all public water systems 
        and laboratories conducting tests pursuant to this part 
        consistent with the standards under section 1442(h); and''.
    (2) Section 1442 is amended by adding the following at the end 
thereof:
    ``(h) Proficiency.--Not later than 2 years after the date of the 
Safe Drinking Water Reform Act of 1994, the Administrator shall publish 
regulations specifying minimum standards for certification (and 
recertification) of the operators of public water systems, laboratories 
conducting tests pursuant to this Act, and such additional personnel as 
may be designated by the Administrator. Such regulations shall provide 
for alternative standards in the case of programs in existence prior to 
the date of promulgation of the regulations. Such alternative standards 
shall assure an equivalent level of proficiency.''.
    (b) Availability of Technologies.--Section 1442 is amended by 
adding the following new subsection after subsection (g):
    ``(h) Available Technologies.--Whenever the Administrator 
promulgates a new national primary drinking water standard under 
section 1412, the Administrator shall simultaneously publish 
information identifying technologies available (if any) to meet such 
standard in the case of public water systems serving 50,000 persons, 
public water systems serving 10,000 persons, and public water systems 
serving 3,300 persons.''.

SEC. 10. OCCURRENCE DATA BASE.

    Section 1445 is amended by adding the following at the end thereof:
    ``(g) Occurrence Data Base.--Not later than 24 months after the 
enactment of this subsection, the Administrator shall assemble and 
maintain a national drinking water occurrence data base, using 
monitoring data on the occurrence of both regulated and unregulated 
contaminants in public water supply systems obtained under this Act and 
information from other public and private sources.''.

SEC. 11. MONITORING FOR UNREGULATED CONTAMINANTS.

    (a) Review and Revision.--Section 1445(a)(2) is amended by adding 
the following at the end thereof: ``The Administrator shall review and, 
if necessary, revise the list of unregulated contaminants under this 
paragraph within 24 months after the enactment of the Safe Drinking 
Water Reform Act of 1994, and at least every 5 years thereafter. Such 
list shall include no more than 40 contaminants.''.
    (b) Occurrence Data Base.--Section 1445(a)(4) is amended by adding 
at the end: ``The State shall provide such data to the Administrator 
for purposes of inclusion in the occurrence data base under section 
1445(g).''.

SEC. 12. NATIONAL DRINKING WATER REGULATIONS.

    (a) Selection of New Contaminants for Regulation.--Section 
1412(b)(3) is amended to read as follows:
    ``(3)(A)(i) The Administrator, in consultation with the Science 
Advisory Board, shall select and publish a list of no fewer than 15 
unregulated contaminants that, in the judgment of the Administrator, 
present the greatest public health concern among unregulated 
contaminants for persons served by public water systems. In making such 
selection, the Administrator shall consider the occurrence data base 
established under section 1445(g) and contaminants referred to in 
section 101(14) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 and pesticides registered under 
the Federal Insecticide, Fungicide, and Rodenticide Act. The 
Administrator may publish the initial list at any time after the date 
of enactment of the Safe Drinking Water Reform Act of 1994, but shall 
publish such initial list not later than 1 year after such date.
    ``(ii) After publication of the initial list, the Administrator 
shall, at 4-year intervals, select 12 or more additional contaminants 
for listing until such time as the Administrator determines, by rule, 
that the unregulated contaminants that present a public health concern 
to public water systems have been candidates for listing and have been 
listed or rejected. Such determination may not be initiated before the 
year 2010. After such determination is final, the Administrator may 
thereafter list additional contaminants at any time.
    ``(iii) Each proposed list under clause (i) or (ii) shall be 
published for public comment (which may include consideration of 
substitutes for the list) for a period of at least 60 days. The 
Administrator shall publish a final list within 6 months after close of 
the public comment period and not later than 1 year after publication 
of the proposed list.
    ``(iv) The Administrator's decision to select or not select a 
contaminant for inclusion on the list shall not be subject to judicial 
review.
    ``(B)(i) Not later than 30 months after publication of the final 
list of contaminants under subparagraph (A), the Administrator shall 
propose and promulgate, by rule, a determination whether or not to 
regulate each contaminant on such list, or added to the list. The 
Administrator shall determine to regulate a contaminant on, or added 
to, the list if, in the judgment of the Administrator--
            ``(I) the contaminant is known to occur in public water 
        systems;
            ``(II) based on the best available health information, the 
        contaminant occurs in public water systems in such 
        concentration that it has or may have any adverse effect on the 
        health of persons; and
            ``(III) the regulation of the contaminant would present a 
        meaningful opportunity for public health risk reduction for 
        persons served by public water systems, taking costs into 
        consideration.
    ``(ii) The Administrator may extend, by notice in the Federal 
Register, for up to 9 months the 30-month period within which the 
Administrator is required to make a final determination under clause 
(i) for any or all of the contaminants on the list.
    ``(iii) The Administrator shall make a separate decision for each 
contaminant on the list, but such decision may be made in a single 
consolidated rulemaking.
    ``(iv) The Administrator may at any time determine to regulate a 
contaminant not listed under subparagraph (A) in accordance with clause 
(i).
    ``(C) For each contaminant listed under subparagraph (A) that the 
Administrator has determined pursuant to subparagraph (B) to regulate 
under this part, the Administrator shall propose, simultaneously with 
the determination or not later than 18 months thereafter, a maximum 
contaminant level goal and national primary drinking water regulation 
under the provisions of subsection (b)(4) and (5). The Administrator 
shall promulgate, by rule, a final maximum contaminant level goal and 
national primary drinking water regulation under such provisions within 
18 months after the proposal. The Administrator may extend, by notice 
in the Federal Register, for up to 9 months, the 18-month period for 
promulgation of a final goal and regulation for all contaminants or any 
contaminant.
    ``(D) The Administrator may publish health advisories (which shall 
not be regulations) or take other appropriate actions respecting 
contaminants not subject to a national primary drinking water 
regulation.''.
    (b) Review of National Primary Drinking Water Regulations.--Section 
1412(b)(9) is amended to read as follows:
    ``(9) National primary drinking water regulations (including 
monitoring requirements) shall be amended whenever the Administrator 
determines that 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 5 years. 
Such review shall include an analysis of innovations or changes in 
technology, treatment techniques or health effects research and 
occurrence data that have occurred over the previous 5-year period. The 
Administrator shall publish the findings of such review in the Federal 
Register.''.
    (c) Removal of Regulation.--Section 1412(b)(3) is amended by adding 
the following new paragraph at the end thereof:
  ``(E) The Administrator may remove a contaminant from the list under 
subparagraph (A) and repeal the national primary drinking water 
standard for any such contaminant if the Administrator determines that 
such contaminant is not known to occur in public water systems or has 
not been demonstrated to have any adverse health effect on persons.''.
    (d) Compliance Dates.--Section 1412(b)(10) is amended to read as 
follows:
    ``(10) Within 24 months after the adoption of a national primary 
drinking water regulation under this subsection (or any amendments 
thereto) each State exercising primary enforcement responsibility under 
section 1413 shall adopt corresponding State regulations under section 
1413(a)(1). The Administrator shall specify the date upon which public 
water systems must comply with each national primary drinking water 
regulation promulgated under this subsection (or any amendments 
thereto). Such compliance date may not be more than 36 months after the 
date of promulgation, except that if the Administrator determines that 
additional time is necessary for capital improvements required to meet 
the national primary drinking water regulations, the Administrator may 
establish a later compliance date. Such later date shall not be later 
than 48 months after the date of promulgation (or 60 months in the case 
of systems serving less than 3,300 individuals). Each State with 
primary enforcement responsibility may determine eligibility for any 
extension beyond 36 months. Nothing under this paragraph shall limit 
the discretion of the Administrator to differentiate among the 
compliance dates on the basis of system size or other factors 
considered appropriate by the Administrator, or to establish interim 
compliance milestones.''.
    (e) Protection of Children, Infants, Etc.--Section 1412(b) is 
amended by adding the following at the end thereof:
    ``(12) In promulgating and revising national primary drinking water 
regulations under this section the Administrator shall assess and take 
into account children, infants, pregnant women, the elderly, and highly 
susceptible or vulnerable populations. In promulgating each new 
standard after the enactment of this paragraph, the Administrator shall 
identify the impacts on such populations.''.

SEC. 13. STATE DRINKING WATER PROGRAM.

    (a) Funding.--(1) Section 1443(a)(4) is amended by striking 
``number of public water systems'' and by adding the following after 
the first sentence: ``The Administrator shall revise regulations 
regarding the allotments under this paragraph in such manner as may be 
necessary to provide incentives for the restructuring of nonviable 
public water systems.''.
    (2) Section 1443(a)(7) is amended by adding the following at the 
end of the table:

        ``1995.......................................      $100,000,000
        1996.........................................      $100,000,000
        1997.........................................      $100,000,000
        1998.........................................      $100,000,000
        1999.........................................      $100,000,000
        2000.........................................   $100,000,000''.
    (b) State Drinking Water Protection Program Funds.--(1) Section 
1443 is amended by redesignating subsection (c) as (e) and inserting 
the following after subsection (b):
    ``(c) State Drinking Water Protection Program Funds.--(1) Within 1 
year of the date of promulgation of regulations under paragraph (2), 
and every 3 years thereafter, each State with primary enforcement 
responsibility shall submit to the Administrator a State implementation 
and funding plan for carrying out primary enforcement responsibilities 
and other requirements of this Act during the 3 year period following 
the year in which the plan is submitted. In each year other than a year 
in which such a plan is submitted, each such State shall submit a 
report describing the progress made in carrying out the plan. The State 
shall also establish a State Drinking Water Protection Fund in 
accordance with paragraph (2)(C) unless the State determines that other 
funding sources are sufficient.
    ``(2) The Administrator shall promulgate regulations within 18 
months of the date of enactment of this section establishing each of 
the following.--
            ``(A) The form and content for the State plans referred to 
        in this subsection.
            ``(B) Minimum program performance objectives for State safe 
        drinking water programs, including criteria for determining 
        sufficient State program resources.
            ``(C) Requirements for establishment of State Drinking 
        Water Protection Funds, including provisions governing the 
        structure and financial management of State drinking water 
        implementation funds.
    ``(3) Each State Drinking Water Protection Fund established under 
this subsection shall be dedicated solely for use by the State to cover 
the cost of services directly related to primary enforcement 
responsibilities and other requirements of this Act.
    ``(4) If a State determines that a Drinking Water Protection Fund 
is necessary under this subsection, each community water system in the 
State shall pay a fee to the State for deposit into the State Fund. The 
fee shall be based on the amount of water supplied (or if data on such 
amount is not available, on the number of persons served by the 
community water system). The fee shall be set at a level determined by 
the State to ensure sufficient funding for implementing primary 
enforcement responsibilities of the State, taking into account other 
available funding sources.
    ``(5) Within 60 days following the submission of a State plan under 
paragraph (1), the Administrator shall approve or disapprove the plan. 
The Administrator shall approve the plan if the Administrator 
determines that the plan complies with the requirements of this 
subsection and provides sufficient resources for fully implementing the 
State's primary enforcement responsibilities and other requirements of 
this Act.
    ``(6) If the Administrator determines that a State plan submitted 
under paragraph (1) does not have sufficient resources to carry out the 
State plan, the State shall establish a State Drinking Water Protection 
Fund which meets the same conditions and requirements as in the case of 
a fund under paragraph (2)(C) and collect a fee meeting the 
requirements of paragraph (4) as a condition of continued primary 
enforcement authority.
    ``(7) If the Administrator is exercising primary enforcement 
authority under this part in a State, the Administrator shall establish 
a permit program for each public water system regulated by the 
Administrator in that State and shall assess and collect a fee to cover 
the Administrator's costs of administering such permit program. Such 
fee may not exceed the greater or $5.50 per year per service connection 
served by the system subject to the fee or $0.05 per 1,000 gallons of 
water delivered. Revenues from such fee shall be deposited in the fund 
established under paragraph (8).
    ``(8) There is established in the Treasury of the United States a 
fund to be known as the Public Drinking Water System Supervision Fund 
(referred to in this paragraph as the `Fund') consisting of the fees 
collected under paragraph (7) and penalties and interest under 
paragraph (9). Subject to annual appropriations, the Secretary of the 
Treasury shall transfer from the Fund to the Administrator such amounts 
as necessary to carry out the Administrator's responsibilities in those 
States in which the Administrator is exercising primary enforcement 
authority under this part.
    ``(9) Any water system that fails to pay any fee referred to in 
this subsection within 6 months after the due date shall pay the 
required fee plus a penalty of 50 percent of the amount of the fee, 
together with interest on the unpaid amount, as determined by the 
Administrator.
    ``(d) Grants for State Source Water Assessment, State Drinking 
Water Pollution Prevention, and State Viability Programs.--For purposes 
of making grants under section 1430(f) (relating to grants for approved 
State Source Water Assessment Programs and approved State Drinking 
Water Pollution Prevention Programs) and under part G (relating to 
system viability) there is authorized to be appropriated not more than 
the following amounts:

``Fiscal Year:                      Amount:
    1995...........................
                                        $20,000,000
    1996...........................
                                        $20,000,000
    1997...........................
                                        $20,000,000
    1998...........................
                                        $20,000,000
    1999...........................
                                        $20,000,000.
No funds authorized to be appropriated under this subsection may be 
used to support activities required to be carried out under the Federal 
Water Pollution Control Act, the Solid Waste Disposal Act, the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, or other sections of this Act.''.
    (2) Section 1413(a) is amended by adding the following after 
paragraph (6):
            ``(7) has adopted and is implementing a funding plan in 
        accordance with section 1443(c); and''

SEC. 14. STATE PROGRAMS FOR ASSURING SYSTEM VIABILITY.

    The Act is amended by adding the following at the end thereof:

            ``PART G--PUBLIC WATER SYSTEM CAPABILITY PROGRAM

``SEC. 1481. STATE VIABILITY PROGRAMS.

    ``(a) General Requirement.--Each State shall adopt and implement a 
State Drinking Water System Viability Program for assuring the 
capability of public water systems to comply with the requirements of 
this Act.
    ``(b) Minimum Program Elements.--The Administrator shall promulgate 
regulations requiring each State Drinking Water System Viability 
Program (hereinafter in this section referred to as the `State 
Viability Program') to include each of the following elements:
            ``(1) A program for issuing operating permits or other 
        means of tracking the establishment of new public water 
        systems, including authorities to insure that all new public 
        water systems are able to fully comply with existing and 
        anticipated national primary drinking water regulations and 
        other requirements of this Act.
            ``(2) A program for assessing the long-term ability of 
        public water systems to comply with the requirements of this 
        Act. For other than transient water systems, the assessment 
        shall be completed within 5 years following the approval of a 
        State's program under this section.
            ``(3) Legal authorities to order the restructuring of 
        systems that repeatedly violate national primary drinking water 
        regulations or other requirements of this Act and lack the 
        managerial, technical, or financial capability to comply with 
        such regulations.
            ``(4) Requirements for periodic reporting to demonstrate 
        continued progress in the implementation of State viability 
        programs.
    ``(c) Final Regulations.--The Administrator shall promulgate final 
regulations for State programs under this section not more than 18 
months following the date of enactment of the Safe Drinking Water 
Reform Act of 1994.
    ``(d) Authority To Vary.--The Administrator may vary minimum 
program elements described in subsection (b) on the basis of the size 
and type of public water systems, and on the basis of source water 
characteristics.
    ``(e) Submission of Program.--Within 2 years of the date of 
promulgation of final regulations under subsection (c), each State 
exercising primary enforcement responsibility pursuant to section 1413 
shall submit to the Administrator a State program that shall--
            ``(1) at a minimum, meet the requirements of the 
        regulations described in subsection (b);
            ``(2) specify the duties of State agencies, local 
        governmental entities, and public water supply systems with 
        respect to the implementation of the State Viability Program; 
        and
            ``(3) identify the resources that will be committed to 
        implementation of the State Viability Program.
    ``(f) States Implementing Programs Before Deadline.--States that 
are implementing a State Viability Program prior to the promulgation of 
the regulations under subsection (c) may request a waiver from one or 
more of the requirements of this subsection. In the case of any such 
State, the Administrator may waive one or more of the requirements of 
this subsection if the Administrator determines that the State program 
is fully achieving the objectives of this subsection.
    ``(g) Approval or Disapproval.--The Administrator shall approve or 
disapprove a State Viability Program no more than 180 days after the 
submission of such State program. The Administrator shall approve the 
program if it meets the requirements of this part and disapprove the 
program if it fails to meet such requirements.
    ``(h) Systems in Compliance--Nothing in this section shall be 
construed to require any State to prohibit the operation of any small 
public water system which is in compliance with this Act.

``SEC. 1482. FINANCIAL ASSISTANCE FOR VIABILITY PROGRAMS.

    ``(a) Availability of SRF Grants.--Each State, as a condition of a 
full capitalization grant under section 1443(c) (after the first fiscal 
year after the enactment of the Safe Drinking Water Reform Act of 1994) 
shall establish a program for identifying and assessing over a 5-year 
period long-term technical, managerial, and financial capability of 
community public water systems to maintain compliance with this Act. 
Until such program is established, no such grant may exceed 50 percent 
of the allocation otherwise available. No such grants shall be 
available under section 1443(c) for any State for any fiscal year after 
the third fiscal year after the fiscal year in which the Administrator 
promulgates final regulations under this part unless the State has an 
approved system viability program under this part.
    ``(b) New System Viability.--No financial assistance of any kind 
shall be available under this Act to any public water system that 
commences operations after the enactment of this section unless the 
Administrator determines that the State has an effective operating 
permit program or other means to ensure in advance that the system has 
the management and technical capacity and financial capability, taking 
into account its customer base and other relevant factors, to comply 
and maintain compliance with the applicable requirements of this 
Act.''.

SEC. 15. EMERGENCY PLANS.

    (a) Additional Requirements.--Section 1413(a)(5) is amended by 
adding after ``circumstances'' the following ``including floods, 
earthquakes, and other natural disasters which may cause drinking water 
contamination''. In the case of States exercising primary enforcement 
responsibility under section 1413 of the Safe Drinking Water Act, the 
amendment made by the preceding sentence shall take effect on the date 
18 months after the enactment of this Act.
    (b) EPA Review.--Section 1413 is amended by adding the following at 
the end thereof:
    ``(c) Emergency Plans.--The Administrator shall review each 
emergency plan adopted pursuant to subsection (a)(5) within 1 year 
after the enactment of this subsection and shall make a determination 
of the adequacy of each such plan. The Administrator shall promptly 
notify the system of any inadequacy in the plan. If the Administrator 
finds that any such plan is inadequate, the system shall be treated as 
failing to comply with subsection (a)(5) unless the plan is amended 
within 6 months after such notice.''.

SEC. 16. INTERNAL SYSTEM SOURCES OF CONTAMINATION.

    Section 1412(b) is amended by adding the following new paragraph at 
the end thereof:
    ``(14)(A) Not later than 1 year after the enactment of this 
paragraph, the Administrator shall promulgate a national primary 
drinking water regulation requiring all public water systems to 
routinely inspect distribution systems where they are located in 
proximity to sewer system lines to detect any contamination from 
leakage in the sewer system lines and to maintain such system to 
protect against such contamination.
    ``(B) Not later than 1 year after the enactment of this paragraph, 
the Administrator shall promulgate a national primary drinking water 
regulation prohibiting any public water system from recycling into 
drinking water supplies any untreated material (`backwash') which has 
been discharged from the public water system's drinking water 
filtration devices.''.

SEC. 17. REPORTS TO EPA.

    Section 1413(a)(3) is amended by adding the following before the 
semicolon at the end thereof: ``, including quarterly reports to the 
Administrator listing all instances of failure, during the preceding 
quarter, to comply with any requirement of this Act or of any 
regulation under this Act''.

SEC. 18. ENFORCEMENT.

    Section 1414 is amended by adding the following new subsection at 
the end thereof:
    ``(h) Administrative Penalty Orders.--
            ``(1) Promulgation of procedures.--The Administrator shall 
        by regulation, in accordance with the provisions of this 
        subsection, establish administrative penalty procedures for use 
        in any case in which the Administrator finds that any person 
        has violated any applicable requirement of this part or has 
        failed to comply with an order requiring compliance issued 
        pursuant to subsection (g).
            ``(2) Class i and class ii orders.--Subject to the 
        procedures established under paragraph (1), the Administrator 
        may--
                    ``(A) after notice and opportunity for hearing that 
                is not subject to sections 554 and 556 of title 5, 
                United States Code, assess a class I civil penalty in 
                an amount not to exceed $10,000 per day per violation, 
                except that the maximum amount of a class I civil 
                penalty shall not exceed $200,000; or
                    ``(B) after notice and opportunity for a hearing on 
                the record in accordance with section 554 of title 5, 
                United States Code, assess a class II civil penalty in 
                an amount not to exceed $10,000 per day per violation.
                    ``(C) Notwithstanding the provisions of 
                subparagraphs (A) and (B), the Administrator--
                            ``(i) shall not issue a class I civil 
                        penalty order to a Federal agency;
                            ``(ii) may assess a class II civil penalty 
                        against a Federal agency that does not exceed 
                        $25,000 per day per violation; and
                            ``(iii) shall employ procedures for orders 
                        requiring compliance by Federal agencies in 
                        accordance with regulations promulgated 
                        pursuant to paragraph (1) and paragraph (2)(B).
                    ``(D) Any interested person may obtain review of a 
                civil penalty order issued to a Federal agency in 
                accordance with the procedures provided for respondents 
                under paragraph (6)(A).
            ``(3) Finality of orders.--An order assessing a civil 
        penalty under this subsection shall become final not later than 
        30 days after the order is issued, except that an order issued 
        upon consent shall become final upon issuance of the order. No 
        order issued to a Federal agency under this section shall 
        become final until such Federal agency has had an opportunity 
        to confer with the Administrator.
            ``(4) Election of civil penalty remedy.--Civil penalties 
        for a violation of this Act shall not be assessed under both 
        this subsection and subsection (b).
            ``(5) Collection.--If any person fails to pay an assessment 
        of a civil penalty after the order making the assessment has 
        become final, or after a court in an action brought under 
        paragraph (6) has entered a final judgment in favor of the 
        Administrator, the Administrator shall request the Attorney 
        General to bring a civil action in an appropriate district 
        court to recover the amount assessed (plus interest at 
        currently prevailing rates from the date of the final order or 
        the date of the final judgment, as the case may be). In the 
        action, the validity, amount, and appropriateness of the 
        penalty shall not be subject to judicial review. Any person who 
        fails to pay on a timely basis the amount of an assessment of a 
        civil penalty as described in the first sentence of this 
        paragraph shall be required to pay, in addition to such amount 
        and interest, attorneys fees and costs for collection 
        proceedings and a quarterly nonpayment penalty for each quarter 
        during which such failure to pay persists. Such nonpayment 
        penalty shall be in an amount equal to 20 percent of the 
        aggregate amount of such person's penalties and nonpayment 
        penalties which are unpaid as of the beginning of such quarter.
            ``(6) Judicial review.--
                    ``(A) In general.--Any person against whom a 
                penalty order is issued under this subsection, except 
                upon consent, may obtain review of the order in the 
                United States District Court for the District of 
                Columbia Circuit or in the district court in the 
                district in which the violation is alleged to have 
                occurred by filing, during the 30-day period beginning 
                on the date the penalty order becomes final, a notice 
                of appeal and a complaint with the court. The person 
                shall simultaneously send a copy of the notice and 
                complaint by certified mail to the Administrator and 
                the Attorney General. The Administrator shall promptly 
                file in such court a certified copy of the record on 
                which the order was issued.
                    ``(B) Standard of review.--The court shall not set 
                aside or remand the order unless the court finds that 
                there is not substantial evidence in the record, taken 
                as a whole, to support the finding of a violation or 
                that the assessment of the penalty by the Administrator 
                constitutes an abuse of discretion. The court may not 
                impose an additional civil penalty for a violation that 
                is the subject of the assessment by the Administrator 
                unless the court finds that the assessment constitutes 
                an abuse of discretion by the Administrator.
                    ``(C) Forum.--Notwithstanding section 1448(a)(2), a 
                penalty order issued under this subsection shall be 
                subject to judicial review only under subparagraph (A).
            ``(7) Subpoenas.--The Administrator may, in connection with 
        administrative proceedings under this subsection or in 
        connection with investigations conducted pursuant to this 
        title, issue subpoenas for the attendance and testimony of 
        witnesses and subpoenas duces tecum, and may request the 
        Attorney General to bring an action to enforce any subpoena 
        under this title. The district courts shall have jurisdiction 
        to enforce such subpoenas and impose sanction.''.

                                 <all>

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HR 4314 IH----4