[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Engrossed Amendment House (EAH)]
2d Session
S. 1316
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
July 17, 1996.
Resolved, That the bill from the Senate (S. 1316) entitled ``An Act to
reauthorize and amend title XIV of the Public Health Service Act (commonly known
as the ``Safe Drinking Water Act''), and for other purposes'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause, and insert:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe Drinking
Water Act Amendments of 1996''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. References; effective date; disclaimer.
TITLE I--PUBLIC WATER SYSTEMS
Subtitle A--Promulgation of National Primary Drinking Water Regulations
Sec. 101. Selection of additional contaminants.
Sec. 102. Disinfectants and disinfection byproducts.
Sec. 103. Limited alternative to filtration.
Sec. 104. Standard-setting.
Sec. 105. Ground water disinfection.
Sec. 106. Effective date for regulations.
Sec. 107. Risk assessment, management, and communication.
Sec. 108. Radon, arsenic, and sulfate.
Sec. 109. Urgent threats to public health.
Sec. 110. Recycling of filter backwash.
Sec. 111. Treatment technologies for small systems.
Subtitle B--State Primary Enforcement Responsibility for Public Water
Systems
Sec. 121. State primacy.
Subtitle C--Notification and Enforcement
Sec. 131. Public notification.
Sec. 132. Enforcement.
Sec. 133. Judicial review
Subtitle D--Exemptions and Variances
Sec. 141. Exemptions.
Sec. 142. Variances.
Subtitle E--Lead Plumbing and Pipes
Sec. 151. Lead plumbing and pipes.
Subtitle F--Capacity Development
Sec. 161. Capacity development.
TITLE II--AMENDMENTS TO PART C
Sec. 201. Source water quality assessment.
Sec. 202. Federal facilities.
TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT
Sec. 301. Operator certification.
Sec. 302. Technical assistance.
Sec. 303. Public water system supervision program.
Sec. 304. Monitoring and information gathering.
Sec. 305. Occurrence data base.
Sec. 306. Citizens suits.
Sec. 307. Whistle blower.
Sec. 308. State revolving funds.
Sec. 309. Water conservation plan.
TITLE IV--MISCELLANEOUS
Sec. 401. Definitions.
Sec. 402. Authorization of appropriations.
Sec. 403. New York City watershed protection program.
Sec. 404. Estrogenic substances screening program.
Sec. 405. Reports on programs administered directly by Environmental
Protection Agency.
Sec. 406. Return flows.
Sec. 407. Emergency powers.
Sec. 408. Waterborne disease occurrence study.
Sec. 409. Drinking water studies.
Sec. 410. Bottled drinking water standards.
Sec. 411. Clerical amendments.
TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS
Sec. 501. General program.
Sec. 502. New York City Watershed, New York.
Sec. 503. Rural and Native villages, Alaska.
Sec. 504. Acquisition of lands.
Sec. 505. Federal share.
Sec. 506. Condition on authorizations of appropriations.
Sec. 507. Definitions.
TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION
Sec. 601. Drinking water research authorization.
Sec. 602. Scientific research review.
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.
(a) References to Safe Drinking Water Act.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to that section
or other provision of title XIV of the Public Health Service Act
(commonly known as the Safe Drinking Water Act, 42 U.S.C. 300f et
seq.).
(b) Effective Date.--Except as otherwise specified in this Act or
in the amendments made by this Act, this Act and the amendments made by
this Act shall take effect on the date of enactment of this Act.
(c) Disclaimer.--Nothing in this Act or in any amendments made by
this Act to title XIV of the Public Health Service Act (commonly known
as the Safe Drinking Water Act) or any other law shall be construed by
the Administrator of the Environmental Protection Agency or the courts
as affecting, modifying, expanding, changing, or altering--
(1) the provisions of the Federal Water Pollution Control
Act;
(2) the duties and responsibilities of the Administrator
under that Act; or
(3) the regulation or control of point or nonpoint sources
of pollution discharged into waters covered by that Act.
The Administrator shall identify in the agency's annual budget all
funding and full-time equivalents administering such title XIV
separately from funding and staffing for the Federal Water Pollution
Control Act.
TITLE I--PUBLIC WATER SYSTEMS
Subtitle A--Promulgation of National Primary Drinking Water Regulations
SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS.
(a) In General.--Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is
amended to read as follows:
``(3) Regulation of unregulated contaminants.--
``(A) Listing of contaminants for consideration.--
(i) Not later than 18 months after the date of the
enactment of the Safe Drinking Water Act Amendments of
1996 and every 5 years thereafter, the Administrator,
after consultation with the scientific community,
including the Science Advisory Board, after notice and
opportunity for public comment, and after considering
the occurrence data base established under section
1445(g), shall publish a list of contaminants which, at
the time of publication, are not subject to any
proposed or promulgated national primary drinking water
regulation, which are known or anticipated to occur in
public water systems, and which may require regulation
under this title.
``(ii) The unregulated contaminants considered
under clause (i) shall include, but not be limited to,
substances referred to in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and substances registered as
pesticides under the Federal Insecticide, Fungicide,
and Rodenticide Act.
``(iii) The Administrator's decision whether or not
to select an unregulated contaminant for a list under
this subparagraph shall not be subject to judicial
review.
``(B) Determination to regulate.--(i) Not later
than 5 years after the date of the enactment of the
Safe Drinking Water Act Amendments of 1996, and every 5
years thereafter, the Administrator shall, by rule, for
not fewer than 5 contaminants included on the list
published under subparagraph (A), make determinations
of whether or not to regulate such contaminants.
``(ii) A determination to regulate a contaminant
shall be based on findings that--
``(I) the contaminant is known to occur or
there is a substantial likelihood that the
contaminant will occur in public water systems
with a frequency and at a level of public
health concern; and
``(II) regulation of such contaminant
presents a meaningful opportunity for public
health risk reduction for persons served by
public water systems.
Such findings shall be based on the best available
public health information, including the occurrence
data base established under section 1445(g).
``(iii) The Administrator may make a determination
to regulate a contaminant that does not appear on a
list under subparagraph (A) if the determination to
regulate is made pursuant to clause (ii).
``(iv) A determination under this subparagraph not
to regulate a contaminant shall be considered final
agency action and subject to judicial review.
``(C) Priorities.--In selecting unregulated
contaminants for consideration under subparagraph (B),
the Administrator shall select contaminants that
present the greatest public health concern. The
Administrator, in making such selection, shall take
into consideration, among other factors of public
health concern, the effect of such contaminants upon
subgroups that comprise a meaningful portion of the
general population (such as infants, children, pregnant
women, the elderly, individuals with a history of
serious illness, or other subpopulations) that are
identifiable as being at greater risk of adverse health
effects due to exposure to contaminants in drinking
water than the general population.
``(D) Regulation.--For each contaminant that the
Administrator determines to regulate under subparagraph
(B), the Administrator shall promulgate, by rule,
maximum contaminant level goals and national primary
drinking water regulations under this subsection. The
Administrator shall propose the maximum contaminant
level goal and national primary drinking water
regulation not later than 24 months after the
determination to regulate under subparagraph (B), and
may publish such proposed regulation concurrent with
the determination to regulate. The Administrator shall
promulgate a maximum contaminant level goal and
national primary drinking water regulation within 18
months after the proposal thereof. The Administrator,
by notice in the Federal Register, may extend the
deadline for such promulgation for up to 9 months.
``(E) Health advisories and other actions.--The
Administrator may publish health advisories (which are
not regulations) or take other appropriate actions for
contaminants not subject to any national primary
drinking water regulation.''.
(b) Applicability of Prior Requirements.--The requirements of
subparagraphs (C) and (D) of section 1412(b)(3) of title XIV of the
Public Health Service Act (commonly known as the Safe Drinking Water
Act) as in effect before the enactment of this Act, and any obligation
to promulgate regulations pursuant to such subparagraphs not
promulgated as of the date of enactment of this Act, are superseded by
the amendments made by subsection (a) to such subparagraphs (C) and
(D).
SEC. 102. DISINFECTANTS AND DISINFECTION BYPRODUCTS.
Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is amended by adding at
the end the following subparagraph:
``(F) Disinfectants and disinfection byproducts.--
``(i) Information collection rule.--Not
later than December 31, 1996, the Administrator
shall, after notice and opportunity for public
comment, promulgate an information collection
rule to obtain information that will facilitate
further revisions to the national primary
drinking water regulation for disinfectants and
disinfection byproducts, including information
on microbial contaminants such as
cryptosporidium. The Administrator may extend
the December 31, 1996, deadline under this
clause for up to 180 days if the Administrator
determines that progress toward approval of an
appropriate analytical method to screen for
cryptosporidium is sufficiently advanced and
approval is likely to be completed within the
additional time period.
``(ii) Additional deadlines.--The time
intervals between promulgation of a final
information collection rule, an Interim
Enhanced Surface Water Treatment Rule, a Final
Enhanced Surface Water Treatment Rule, a Stage
I Disinfectants and Disinfection Byproducts
Rule, and a Stage II Disinfectants and
Disinfection Byproducts Rule shall be in
accordance with the schedule published in
volume 59, Federal Register, page 6361
(February 10, 1994), in table III.13 of the
proposed Information Collection Rule. If a
delay occurs with respect to the promulgation
of any rule in the timetable established by
this subparagraph, all subsequent rules shall
be completed as expeditiously as practicable
but no later than a revised date that reflects
the interval or intervals for the rules in the
timetable.''.
SEC. 103. LIMITED ALTERNATIVE TO FILTRATION.
Section 1412(b)(7)(C) is amended by adding the following after
clause (iv):
``(v) As an additional alternative to the
regulations promulgated pursuant to clauses (i)
and (iii), including the criteria for avoiding
filtration contained in CFR 141.71, a State
exercising primary enforcement responsibility
for public water systems may, on a case-by-case
basis, and after notice and opportunity for
public comment, establish treatment
requirements as an alternative to filtration in
the case of systems having uninhabited,
undeveloped watersheds in consolidated
ownership, and having control over access to,
and activities in, those watersheds, if the
State determines (and the Administrator
concurs) that the quality of the source water
and the alternative treatment requirements
established by the State ensure greater removal
or inactivation efficiencies of pathogenic
organisms for which national primary drinking
water regulations have been promulgated or that
are of public health concern than would be
achieved by the combination of filtration and
chlorine disinfection (in compliance with
paragraph (8)).''.
SEC. 104. STANDARD-SETTING.
(a) In General.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended
as follows:
(1) In paragraph (4)--
(A) by striking ``(4) Each'' and inserting the
following:
``(4) Goals and standards.--
``(A) Maximum contaminant level goals.--Each'';
(B) in the last sentence--
(i) by striking ``Each national'' and
inserting the following:
``(B) Maximum contaminant levels.-- Except as
provided in paragraphs (5) and (6), each national'';
and
(ii) by striking ``maximum level'' and
inserting ``maximum contaminant level''; and
(C) by adding at the end the following:
``(C) Determination.--At the time the Administrator
proposes a national primary drinking water regulation
under this paragraph, the Administrator shall publish a
determination as to whether the benefits of the maximum
contaminant level justify, or do not justify, the costs
based on the analysis conducted under paragraph
(12)(C).''.
(2) By striking ``(5) For the'' and inserting the
following:
``(D) Definition of feasible.--For the''.
(3) In the second sentence of paragraph (4)(D) (as so
designated), by striking ``paragraph (4)'' and inserting ``this
paragraph''.
(4) By striking ``(6) Each national'' and inserting the
following:
``(E) Feasible technologies.--
``(i) Each national''.
(5) In paragraph (4)(E)(i) (as so designated), by striking
``this paragraph'' and inserting ``this subsection''.
(6) By inserting after paragraph (4) (as so amended) the
following:
``(5) Additional health risk considerations.--
``(A) In general.--Notwithstanding paragraph (4),
the Administrator may establish a maximum contaminant
level for a contaminant at a level other than the
feasible level, if the technology, treatment
techniques, and other means used to determine the
feasible level would result in an increase in the
health risk from drinking water by--
``(i) increasing the concentration of other
contaminants in drinking water; or
``(ii) interfering with the efficacy of
drinking water treatment techniques or
processes that are used to comply with other
national primary drinking water regulations.
``(B) Establishment of level.--If the Administrator
establishes a maximum contaminant level or levels or
requires the use of treatment techniques for any
contaminant or contaminants pursuant to the authority
of this paragraph--
``(i) the level or levels or treatment
techniques shall minimize the overall risk of
adverse health effects by balancing the risk
from the contaminant and the risk from other
contaminants the concentrations of which may be
affected by the use of a treatment technique or
process that would be employed to attain the
maximum contaminant level or levels; and
``(ii) the combination of technology,
treatment techniques, or other means required
to meet the level or levels shall not be more
stringent than is feasible (as defined in
paragraph (4)(D)).
``(6) Additional health risk reduction and cost
considerations.--
``(A) In general.--Notwithstanding paragraph (4),
if the Administrator determines based on an analysis
conducted under paragraph (12)(C) that the benefits of
a maximum contaminant level promulgated in accordance
with paragraph (4) would not justify the costs of
complying with the level, the Administrator may, after
notice and opportunity for public comment, promulgate a
maximum contaminant level for the contaminant that
maximizes health risk reduction benefits at a cost that
is justified by the benefits.
``(B) Exception.--The Administrator shall not use
the authority of this paragraph to promulgate a maximum
contaminant level for a contaminant, if the benefits of
compliance with a national primary drinking water
regulation for the contaminant that would be
promulgated in accordance with paragraph (4)
experienced by--
``(i) persons served by large public water
systems; and
``(ii) persons served by such other systems
as are unlikely, based on information provided
by the States, to receive a variance under
section 1415(e) (relating to small system
assistance program);
would justify the costs to the systems of complying
with the regulation. This subparagraph shall not apply
if the contaminant is found almost exclusively in small
systems (as defined in section 1415(e), relating to
small system assistance program).
``(C) Disinfectants and disinfection byproducts.--
The Administrator may not use the authority of this
paragraph to establish a maximum contaminant level in a
Stage I or Stage II national primary drinking water
regulation for contaminants that are disinfectants or
disinfection byproducts (as described in paragraph
(3)(F)), or to establish a maximum contaminant level or
treatment technique requirement for the control of
cryptosporidium. The authority of this paragraph may be
used to establish regulations for the use of
disinfection by systems relying on ground water sources
as required by paragraph (8).
``(D) Judicial review.--A determination by the
Administrator that the benefits of a maximum
contaminant level or treatment requirement justify or
do not justify the costs of complying with the level
shall be reviewed by the court pursuant to section 1448
only as part of a review of a final national primary
drinking water regulation that has been promulgated
based on the determination and shall not be set aside
by the court under that section unless the court finds
that the determination is arbitrary and capricious.''.
(b) Disinfectants and Disinfection Byproducts.--The Administrator
of the Environmental Protection Agency may use the authority of section
1412(b)(5) of the Public Health Service Act (as amended by this Act) to
promulgate the Stage I and Stage II rules for disinfectants and
disinfection byproducts as proposed in volume 59, Federal Register,
page 38668 (July 29, 1994). The considerations used in the development
of the July 29, 1994, proposed national primary drinking water
regulation on Disinfection and Disinfection Byproducts shall be treated
as consistent with such section 1412(b)(5) for purposes of such Stage I
and Stage II rules.
(c) Review of Standards.--Section 1412(b)(9) (42 U.S.C. 300g-1(b))
is amended to read as follows:
``(9) Review and revision.--The Administrator shall, not
less often than every 6 years, review and revise, as
appropriate, each national primary drinking water regulation
promulgated under this title. Any revision of a national
primary drinking water regulation shall be promulgated in
accordance with this section, except that each revision shall
maintain, or provide for greater, protection of the health of
persons.''.
SEC. 105. GROUND WATER DISINFECTION.
Section 1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended by striking
the first sentence and inserting the following: ``At any time after the
end of the 3-year period that begins on the date of enactment of the
Safe Drinking Water Act Amendments of 1996, but not later than the date
on which the Administrator promulgates a Stage II rulemaking for
disinfectants and disinfection byproducts (as described in paragraph
(3)(F)(ii)), the Administrator shall also promulgate national primary
drinking water regulations requiring disinfection as a treatment
technique for all public water systems, including surface water systems
and, as necessary, ground water systems. After consultation with the
States, the Administrator shall (as part of the regulations) promulgate
criteria that the Administrator, or a State that has primary
enforcement responsibility under section 1413, shall apply to determine
whether disinfection shall be required as a treatment technique for any
public water system served by ground water. A State that has primary
enforcement authority shall develop a plan through which ground water
disinfection determinations are made. The plan shall be based on the
Administrator's criteria and shall be submitted to the Administrator
for approval.''.
SEC. 106. EFFECTIVE DATE FOR REGULATIONS.
Section 1412(b)(10) (42 U.S.C. 300g-1(b)(10)) is amended to read as
follows:
``(10) Effective date.--A national primary drinking water
regulation promulgated under this section (and any amendment
thereto) shall take effect on the date that is 3 years after
the date on which the regulation is promulgated unless the
Administrator determines that an earlier date is practicable,
except that the Administrator, or a State (in the case of an
individual system), may allow up to 2 additional years to
comply with a maximum contaminant level or treatment technique
if the Administrator or State (in the case of an individual
system) determines that additional time is necessary for
capital improvements.''.
SEC. 107. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.
Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after
paragraph (11) the following:
``(12) Risk assessment, management and communication.--
``(A) Use of science in decisionmaking.--In
carrying out this section, and, to the degree that an
Agency action is based on science, the Administrator
shall use--
``(i) the best available, peer-reviewed
science and supporting studies conducted in
accordance with sound and objective scientific
practices; and
``(ii) data collected by accepted methods
or best available methods (if the reliability
of the method and the nature of the decision
justifies use of the data).
``(B) Public information.--In carrying out this
section, the Administrator shall ensure that the
presentation of information on public health effects is
comprehensive, informative and understandable. The
Administrator shall, in a document made available to
the public in support of a regulation promulgated under
this section, specify, to the extent practicable--
``(i) each population addressed by any
estimate of public health effects;
``(ii) the expected risk or central
estimate of risk for the specific populations;
``(iii) each appropriate upper-bound or
lower-bound estimate of risk;
``(iv) each significant uncertainty
identified in the process of the assessment of
public health effects and studies that would
assist in resolving the uncertainty; and
``(v) peer-reviewed studies known to the
Administrator that support, are directly
relevant to, or fail to support any estimate of
public health effects and the methodology used
to reconcile inconsistencies in the scientific
data.
``(C) Health risk reduction and cost analysis.--
``(i) Maximum contaminant levels.--When
proposing any national primary drinking water
regulation that includes a maximum contaminant
level, the Administrator shall, with respect to
a maximum contaminant level that is being
considered in accordance with paragraph (4) and
each alternative maximum contaminant level that
is being considered pursuant to paragraph (5)
or (6)(A), publish, seek public comment on, and
use for the purposes of paragraphs (4), (5),
and (6) an analysis of:
``(I) Quantifiable and
nonquantifiable health risk reduction
benefits for which there is a factual
basis in the rulemaking record to
conclude that such benefits are likely
to occur as the result of treatment to
comply with each level.
``(II) Quantifiable and
nonquantifiable health risk reduction
benefits for which there is a factual
basis in the rulemaking record to
conclude that such benefits are likely
to occur from reductions in co-
occurring contaminants that may be
attributed solely to compliance with
the maximum contaminant level,
excluding benefits resulting from
compliance with other proposed or
promulgated regulations.
``(III) Quantifiable and
nonquantifiable costs for which there
is a factual basis in the rulemaking
record to conclude that such costs are
likely to occur solely as a result of
compliance with the maximum contaminant
level, including monitoring, treatment,
and other costs and excluding costs
resulting from compliance with other
proposed or promulgated regulations.
``(IV) The incremental costs and
benefits associated with each
alternative maximum contaminant level
considered.
``(V) The effects of the
contaminant on the general population
and on groups within the general
population such as infants, children,
pregnant women, the elderly,
individuals with a history of serious
illness, or other subpopulations that
are identified as likely to be at
greater risk of adverse health effects
due to exposure to contaminants in
drinking water than the general
population.
``(VI) Any increased health risk
that may occur as the result of
compliance, including risks associated
with co-occurring contaminants.
``(VII) Other relevant factors,
including the quality and extent of the
information, the uncertainties in the
analysis supporting subclauses (I)
through (VI), and factors with respect
to the degree and nature of the risk.
``(ii) Treatment techniques.--When
proposing a national primary drinking water
regulation that includes a treatment technique
in accordance with paragraph (7)(A), the
Administrator shall publish and seek public
comment on an analysis of the health risk
reduction benefits and costs likely to be
experienced as the result of compliance with
the treatment technique and alternative
treatment techniques that are being considered,
taking into account, as appropriate, the
factors described in clause (i).
``(iii) Approaches to measure and value
benefits.--The Administrator may identify valid
approaches for the measurement and valuation of
benefits under this subparagraph, including
approaches to identify consumer willingness to
pay for reductions in health risks from
drinking water contaminants.
``(iv) Authorization.--There are authorized
to be appropriated to the Administrator, acting
through the Office of Ground Water and Drinking
Water, to conduct studies, assessments, and
analyses in support of regulations or the
development of methods, $35,000,000 for each of
fiscal years 1996 through 2003.''.
SEC. 108. RADON, ARSENIC, AND SULFATE.
Section 1412(b) is amended by inserting after paragraph (12) the
following:
``(13) Certain contaminants.--
``(A) Radon.--Any proposal published by the
Administrator before the enactment of the Safe Drinking
Water Act Amendments of 1996 to establish a national
primary drinking water standard for radon shall be
withdrawn by the Administrator. Notwithstanding any
provision of any law enacted prior to the enactment of
the Safe Drinking Water Act Amendments of 1996, within
3 years of such date of enactment, the Administrator
shall propose and promulgate a national primary
drinking water regulation for radon under this section,
as amended by the Safe Drinking Water Act Amendments of
1996. In undertaking any risk analysis and benefit cost
analysis in connection with the promulgation of such
standard, the Administrator shall take into account the
costs and benefits of control programs for radon from
other sources.
``(B) Arsenic.--(i) Notwithstanding the deadlines
set forth in paragraph (1), the Administrator shall
promulgate a national primary drinking water regulation
for arsenic pursuant to this subsection, in accordance
with the schedule established by this paragraph.
``(ii) Not later than 180 days after the date of
enactment of this paragraph, the Administrator shall
develop a comprehensive plan for study in support of
drinking water rulemaking to reduce the uncertainty in
assessing health risks associated with exposure to low
levels of arsenic. In conducting such study, the
Administrator shall consult with the National Academy
of Sciences, other Federal agencies, and interested
public and private entities.
``(iii) In carrying out the study plan, the
Administrator may enter into cooperative agreements
with other Federal agencies, State and local
governments, and other interested public and private
entities.
``(iv) The Administrator shall propose a national
primary drinking water regulation for arsenic not later
than January 1, 2000.
``(v) Not later than January 1, 2001, after notice
and opportunity for public comment, the Administrator
shall promulgate a national primary drinking water
regulation for arsenic.
``(vi) There are authorized to be appropriated
$2,000,000 for each of fiscal years 1997 through 2001
for the studies required by this paragraph.
``(C) Sulfate.--
``(i) Additional study.--Prior to
promulgating a national primary drinking water
regulation for sulfate, the Administrator and
the Director of the Centers for Disease Control
and Prevention shall jointly conduct an
additional study to establish a reliable dose-
response relationship for the adverse human
health effects that may result from exposure to
sulfate in drinking water, including the health
effects that may be experienced by groups
within the general population (including
infants and travelers) that are potentially at
greater risk of adverse health effects as the
result of such exposure. The study shall be
conducted in consultation with interested
States, shall be based on the best available,
peer-reviewed science and supporting studies
conducted in accordance with sound and
objective scientific practices.
``(ii) Proposed and final rule.--
Notwithstanding the deadlines set forth in
paragraph (1), the Administrator may, pursuant
to the authorities of this subsection and after
notice and opportunity for public comment,
promulgate a final national primary drinking
water regulation for sulfate. Any such
regulation shall include requirements for
public notification and options for the
provision of alternative water supplies to
populations at risk as a means of complying
with the regulation in lieu of a best available
treatment technology or other means.''.
SEC. 109. URGENT THREATS TO PUBLIC HEALTH.
Section 1412(b) is amended by inserting the following after
paragraph (13):
``(14) Urgent threats to public health.--The Administrator
may promulgate an interim national primary drinking water
regulation for a contaminant without making a determination for
the contaminant under paragraph (4)(C) or completing the
analysis under paragraph (12)(C) to address an urgent threat to
public health as determined by the Administrator after
consultation with and written response to any comments provided
by the Secretary of Health and Human Services, acting through
the director of the Centers for Disease Control and Prevention
or the director of the National Institutes of Health. A
determination for any contaminant in accordance with paragraph
(4)(C) subject to an interim regulation under this subparagraph
shall be issued, and a completed analysis meeting the
requirements of paragraph (12)(C) shall be published, not later
than 3 years after the date on which the regulation is
promulgated and the regulation shall be repromulgated, or
revised if appropriate, not later than 5 years after that
date.''.
SEC. 110. RECYCLING OF FILTER BACKWASH.
Section 1412(b) is amended by adding the following new paragraph
after paragraph (14):
``(15) Recycling of filter backwash.--The Administrator
shall promulgate a regulation to govern the recycling of filter
backwash water within the treatment process of a public water
system. The Administrator shall promulgate such regulation not
later than 4 years after the date of the enactment of the Safe
Drinking Water Act Amendments of 1996 unless such recycling has
been addressed by the Administrator's `enhanced surface water
treatment rule' prior to such date.''.
SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS.
(a) List of Technologies for Small Systems.--Section 1412(b)(4)(E)
(42 U.S.C. 300g-1(b)(4)(E)), is amended by adding at the end the
following:
``(ii) The Administrator shall include in
the list any technology, treatment technique,
or other means that is affordable for small
public water systems serving--
``(I) a population of 10,000 or
fewer but more than 3,300;
``(II) a population of 3,300 or
fewer but more than 500; and
``(III) a population of 500 or
fewer but more than 25;
and that achieves compliance with the maximum
contaminant level or treatment technique,
including packaged or modular systems and
point-of-entry or point-of-use treatment units.
Point-of-entry and point-of-use treatment units
shall be owned, controlled and maintained by
the public water system or by a person under
contract with the public water system to ensure
proper operation and maintenance and compliance
with the maximum contaminant level or treatment
technique and equipped with mechanical warnings
to ensure that customers are automatically
notified of operational problems. If the
American National Standards Institute has
issued product standards applicable to a
specific type of point-of-entry or point-of-use
treatment unit, individual units of that type
shall not be accepted for compliance with a
maximum contaminant level or treatment
technique requirement unless they are
independently certified in accordance with such
standards.
``(iii) Except as provided in clause (v),
not later than 2 years after the date of the
enactment of this clause and after consultation
with the States, the Administrator shall issue
a list of technologies that achieve compliance
with the maximum contaminant level or treatment
technique for each category of public water
systems described in subclauses (I), (II), and
(III) of clause (ii) for each national primary
drinking water regulation promulgated prior to
the date of the enactment of this paragraph.
``(iv) The Administrator may, at any time
after a national primary drinking water
regulation has been promulgated, supplement the
list of technologies describing additional or
new or innovative treatment technologies that
meet the requirements of this paragraph for
categories of small public water systems
described in subclauses (I), (II) and (III) of
clause (ii) that are subject to the regulation.
``(v) Within one year after the enactment
of this clause, the Administrator shall list
technologies that meet the surface water
treatment rules for each category of public
water systems described in subclauses (I),
(II), and (III) of clause (ii).''.
(b) Availability of Information on Small System Technologies.--
Section 1445 (42 U.S.C. 300j-4) is amended by adding after subsection
(g):
``(h) Availability of Information on Small System Technologies.--
For purposes of sections 1412(b)(4)(E) and 1415(e) (relating to small
system assistance program), the Administrator may request information
on the characteristics of commercially available treatment systems and
technologies, including the effectiveness and performance of the
systems and technologies under various operating conditions. The
Administrator may specify the form, content, and submission date of
information to be submitted by manufacturers, States, and other
interested persons for the purpose of considering the systems and
technologies in the development of regulations or guidance under
sections 1412(b)(4)(E) and 1415(e).''.
Subtitle B--State Primary Enforcement Responsibility for Public Water
Systems
SEC. 121. STATE PRIMACY.
(a) State Primary Enforcement Responsibility.--Section 1413 (42
U.S.C. 300g-2) is amended as follows:
(1) In subsection (a), by amending paragraph (1) to read as
follows:
``(1) has adopted drinking water regulations that are no
less stringent than the national primary drinking water
regulations promulgated by the Administrator under subsections
(a) and (b) of section 1412 not later than 2 years after the
date on which the regulations are promulgated by the
Administrator, except that the Administrator may provide for an
extension of not more than 2 years if, after submission and
review of appropriate, adequate documentation from the State,
the Administrator determines that the extension is necessary
and justified;''.
(2) By adding at the end the following subsection:
``(c) Interim Primary Enforcement Authority.--A State that has
primary enforcement authority under this section with respect to each
existing national primary drinking water regulation shall be considered
to have primary enforcement authority with respect to each new or
revised national primary drinking water regulation during the period
beginning on the effective date of a regulation adopted and submitted
by the State with respect to the new or revised national primary
drinking water regulation in accordance with subsection (b)(1) and
ending at such time as the Administrator makes a determination under
subsection (b)(2)(B) with respect to the regulation.''.
(b) Emergency Plans.--Section 1413(a)(5) is amended by inserting
after ``emergency circumstances'' the following: ``including
earthquakes, floods, hurricanes, and other natural disasters, as
appropriate''.
Subtitle C--Notification and Enforcement
SEC. 131. PUBLIC NOTIFICATION.
Section 1414(c) (42 U.S.C. 300g-3(c)) is amended to read as
follows:
``(c) Notice to Persons Served.--
``(1) In general.--Each owner or operator of a public water
system shall give notice of each of the following to the
persons served by the system:
``(A) Notice of any failure on the part of the
public water system to--
``(i) comply with an applicable maximum
contaminant level or treatment technique
requirement of, or a testing procedure
prescribed by, a national primary drinking
water regulation; or
``(ii) perform monitoring required by
section 1445(a).
``(B) If the public water system is subject to a
variance granted under subsection (a)(1)(A), (a)(2), or
(e) of section 1415 for an inability to meet a maximum
contaminant level requirement or is subject to an
exemption granted under section 1416, notice of--
``(i) the existence of the variance or
exemption; and
``(ii) any failure to comply with the
requirements of any schedule prescribed
pursuant to the variance or exemption.
``(C) Notice of the concentration level of any
unregulated contaminant for which the Administrator has
required public notice pursuant to paragraph (2)(E).
``(2) Form, manner, and frequency of notice.--
``(A) In general.--The Administrator shall, by
regulation, and after consultation with the States,
prescribe the manner, frequency, form, and content for
giving notice under this subsection. The regulations
shall--
``(i) provide for different frequencies of
notice based on the differences between
violations that are intermittent or infrequent
and violations that are continuous or frequent;
and
``(ii) take into account the seriousness of
any potential adverse health effects that may
be involved.
``(B) State requirements.--
``(i) In general.--A State may, by rule,
establish alternative notification
requirements--
``(I) with respect to the form and
content of notice given under and in a
manner in accordance with subparagraph
(C); and
``(II) with respect to the form and
content of notice given under
subparagraph (D).
``(ii) Contents.--The alternative
requirements shall provide the same type and
amount of information as required pursuant to
this subsection and regulations issued under
subparagraph (A).
``(iii) Relationship to section 1413.--
Nothing in this subparagraph shall be construed
or applied to modify the requirements of
section 1413.
``(C) Violations with potential to have serious
adverse effects on human health.--Regulations issued
under subparagraph (A) shall specify notification
procedures for each violation by a public water system
that has the potential to have serious adverse effects
on human health as a result of short-term exposure.
Each notice of violation provided under this
subparagraph shall--
``(i) be distributed as soon as practicable
after the occurrence of the violation, but not
later than 24 hours after the occurrence of the
violation;
``(ii) provide a clear and readily
understandable explanation of--
``(I) the violation;
``(II) the potential adverse
effects on human health;
``(III) the steps that the public
water system is taking to correct the
violation; and
``(IV) the necessity of seeking
alternative water supplies until the
violation is corrected;
``(iii) be provided to the Administrator or
the head of the State agency that has primary
enforcement responsibility under section 1413
as soon as practicable, but not later than 24
hours after the occurrence of the violation;
and
``(iv) as required by the State agency in
general regulations of the State agency, or on
a case-by-case basis after the consultation
referred to in clause (iii), considering the
health risks involved--
``(I) be provided to appropriate
broadcast media;
``(II) be prominently published in
a newspaper of general circulation
serving the area not later than 1 day
after distribution of a notice pursuant
to clause (i) or the date of
publication of the next issue of the
newspaper; or
``(III) be provided by posting or
door-to-door notification in lieu of
notification by means of broadcast
media or newspaper.
``(D) Written notice.--
``(i) In general.--Regulations issued under
subparagraph (A) shall specify notification
procedures for violations other than the
violations covered by subparagraph (C). The
procedures shall specify that a public water
system shall provide written notice to each
person served by the system by notice (I) in
the first bill (if any) prepared after the date
of occurrence of the violation, (II) in an
annual report issued not later than 1 year
after the date of occurrence of the violation,
or (III) by mail or direct delivery as soon as
practicable, but not later than 1 year after
the date of occurrence of the violation.
``(ii) Form and manner of notice.--The
Administrator shall prescribe the form and
manner of the notice to provide a clear and
readily understandable explanation of the
violation, any potential adverse health
effects, and the steps that the system is
taking to seek alternative water supplies, if
any, until the violation is corrected.
``(E) Unregulated contaminants.--The Administrator
may require the owner or operator of a public water
system to give notice to the persons served by the
system of the concentration levels of an unregulated
contaminant required to be monitored under section
1445(a).
``(3) Reports.--
``(A) Annual report by state.--
``(i) In general.--Not later than January
1, 1998, and annually thereafter, each State
that has primary enforcement responsibility
under section 1413 shall prepare, make readily
available to the public, and submit to the
Administrator an annual report on violations of
national primary drinking water regulations by
public water systems in the State, including
violations with respect to (I) maximum
contaminant levels, (II) treatment
requirements, (III) variances and exemptions,
and (IV) monitoring requirements determined to
be significant by the Administrator after
consultation with the States.
``(ii) Distribution.--The State shall
publish and distribute summaries of the report
and indicate where the full report is available
for review.
``(B) Annual report by administrator.--Not later
than July 1, 1998, and annually thereafter, the
Administrator shall prepare and make available to the
public an annual report summarizing and evaluating
reports submitted by States pursuant to subparagraph
(A) and notices submitted by public water systems
serving Indian Tribes provided to the Administrator
pursuant to subparagraph (C) or (D) of paragraph (2)
and making recommendations concerning the resources
needed to improve compliance with this title. The
report shall include information about public water
system compliance on Indian reservations and about
enforcement activities undertaken and financial
assistance provided by the Administrator on Indian
reservations, and shall make specific recommendations
concerning the resources needed to improve compliance
with this title on Indian reservations.
``(4) Consumer confidence reports by community water
systems.--
``(A) Annual reports to consumers.--The
Administrator, in consultation with public water
systems, environmental groups, public interest groups,
risk communication experts, and the States, and other
interested parties, shall issue regulations within 24
months after the date of the enactment of this
paragraph to require each community water system to
mail to each customer of the system at least once
annually a report on the level of contaminants in the
drinking water purveyed by that system (hereinafter in
this paragraph referred to as a `consumer confidence
report'). Such regulations shall provide a brief and
plainly worded definition of the terms `maximum
contaminant level goal' and `maximum contaminant level'
and brief statements in plain language regarding the
health concerns that resulted in regulation of each
regulated contaminant. The regulations shall also
provide for an Environmental Protection Agency toll-
free hot-line that consumers can call for more
information and explanation.
``(B) Contents of report.--The consumer confidence
reports under this paragraph shall include, but not be
limited to, each of the following:
``(i) Information on the source of the
water purveyed.
``(ii) A brief and plainly worded
definition of the terms `maximum contaminant
level goal' and `maximum contaminant level', as
provided in the regulations of the
Administrator.
``(iii) If any regulated contaminant is
detected in the water purveyed by the public
water system, a statement setting forth (I) the
maximum contaminant level goal, (II) the
maximum contaminant level, (III) the level of
such contaminant in such water system, and (IV)
for any regulated contaminant for which there
has been a violation of the maximum contaminant
level during the year concerned, the brief
statement in plain language regarding the
health concerns that resulted in regulation of
such contaminant, as provided by the
Administrator in regulations under subparagraph
(A).
``(iv) Information on compliance with
national primary drinking water regulations.
``(v) Information on the levels of
unregulated contaminants for which monitoring
is required under section 1445(a)(2) (including
levels of cryptosporidium and radon where
States determine they may be found).
``(vi) A statement that more information
about contaminants and potential health effects
can be obtained by calling the Environmental
Protection Agency hot line.
A public water system may include such additional
information as it deems appropriate for public
education. The Administrator may, for not more than 3
regulated contaminants other than those referred to in
subclause (IV) of clause (iii), require a consumer
confidence report under this paragraph to include the
brief statement in plain language regarding the health
concerns that resulted in regulation of the contaminant
or contaminants concerned, as provided by the
Administrator in regulations under subparagraph (A).
``(C) Coverage.--The Governor of a State may
determine not to apply the mailing requirement of
subparagraph (A) to a community water system serving
fewer than 10,000 persons. Any such system shall--
``(i) inform its customers that the system
will not be complying with subparagraph (A),
``(ii) make information available upon
request to the public regarding the quality of
the water supplied by such system, and
``(iii) publish the report referred to in
subparagraph (A) annually in one or more local
newspapers serving the area in which customers
of the system are located.
``(D) Alternative form and content.--A State
exercising primary enforcement responsibility may
establish, by rule, after notice and public comment,
alternative requirements with respect to the form and
content of consumer confidence reports under this
paragraph.''.
SEC. 132. ENFORCEMENT.
(a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as
follows:
(1) In subsection (a):
(A) In paragraph (1)(A)(i), by striking ``any
national primary drinking water regulation in effect
under section 1412'' and inserting ``any applicable
requirement'', and by striking ``with such regulation
or requirement'' in the matter following clause (ii)
and inserting ``with the requirement''.
(B) In paragraph (1)(B), by striking ``regulation
or'' and inserting ``applicable''.
(C) By amending paragraph (2) to read as follows:
``(2) Enforcement in nonprimacy states.--
``(A) In general.--If, on the basis of information
available to the Administrator, the Administrator
finds, with respect to a period in which a State does
not have primary enforcement responsibility for public
water systems, that a public water system in the
State--
``(i) for which a variance under section
1415 or an exemption under section 1416 is not
in effect, does not comply with any applicable
requirement; or
``(ii) for which a variance under section
1415 or an exemption under section 1416 is in
effect, does not comply with any schedule or
other requirement imposed pursuant to the
variance or exemption;
the Administrator shall issue an order under subsection
(g) requiring the public water system to comply with
the requirement, or commence a civil action under
subsection (b).
``(B) Notice.--If the Administrator takes any
action pursuant to this paragraph, the Administrator
shall notify an appropriate local elected official, if
any, with jurisdiction over the public water system of
the action prior to the time that the action is
taken.''.
(2) In subsection (b), in the first sentence, by striking
``a national primary drinking water regulation'' and inserting
``any applicable requirement''.
(3) In subsection (g):
(A) In paragraph (1), by striking ``regulation,
schedule, or other'' each place it appears and
inserting ``applicable''.
(B) In paragraph (2), by striking ``effect until
after notice and opportunity for public hearing and,''
and inserting ``effect,'', and by striking ``proposed
order'' and inserting ``order'', in the first sentence
and in the second sentence, by striking ``proposed to
be''.
(C) In paragraph (3), by striking subparagraph (B)
and inserting the following:
``(B) In a case in which a civil penalty sought by the
Administrator under this paragraph does not exceed $5,000, the penalty
shall be assessed by the Administrator after notice and opportunity for
a public hearing (unless the person against whom the penalty is
assessed requests a hearing on the record in accordance with section
554 of title 5, United States Code). In a case in which a civil penalty
sought by the Administrator under this paragraph exceeds $5,000, but
does not exceed $25,000, the penalty shall be assessed by the
Administrator after notice and opportunity for a hearing on the record
in accordance with section 554 of title 5, United States Code.''.
(D) In paragraph (3)(C), by striking ``paragraph
exceeds $5,000'' and inserting ``subsection for a
violation of an applicable requirement exceeds
$25,000''.
(4) By adding at the end the following subsections:
``(h) Relief.--
``(1) In general.--An owner or operator of a public water
system may submit to the State in which the system is located
(if the State has primary enforcement responsibility under
section 1413) or to the Administrator (if the State does not
have primary enforcement responsibility) a plan (including
specific measures and schedules) for--
``(A) the physical consolidation of the system with
1 or more other systems;
``(B) the consolidation of significant management
and administrative functions of the system with 1 or
more other systems; or
``(C) the transfer of ownership of the system that
may reasonably be expected to improve drinking water
quality.
``(2) Consequences of approval.--If the State or the
Administrator approves a plan pursuant to paragraph (1), no
enforcement action shall be taken pursuant to this part with
respect to a specific violation identified in the approved plan
prior to the date that is the earlier of the date on which
consolidation is completed according to the plan or the date
that is 2 years after the plan is approved.
``(i) Definition of Applicable Requirement.--In this section, the
term `applicable requirement' means--
``(1) a requirement of section 1412, 1414, 1415, 1416,
1417, 1441, or 1445;
``(2) a regulation promulgated pursuant to a section
referred to in paragraph (1);
``(3) a schedule or requirement imposed pursuant to a
section referred to in paragraph (1); and
``(4) a requirement of, or permit issued under, an
applicable State program for which the Administrator has made a
determination that the requirements of section 1413 have been
satisfied, or an applicable State program approved pursuant to
this part.''.
(b) State Authority for Administrative Penalties.--Section 1413(a)
(42 U.S.C. 300g-2(a)) is amended as follows:
(1) In paragraph (4), by striking ``and'' at the end
thereof.
(2) In paragraph (5), by striking the period at the end and
inserting ``; and''.
(3) By adding at the end the following:
``(6) has adopted authority for administrative penalties
(unless the constitution of the State prohibits the adoption of
the authority) in a maximum amount--
``(A) in the case of a system serving a population
of more than 10,000, that is not less than $1,000 per
day per violation; and
``(B) in the case of any other system, that is
adequate to ensure compliance (as determined by the
State);
except that a State may establish a maximum limitation on the
total amount of administrative penalties that may be imposed on
a public water system per violation.''.
SEC. 133. JUDICIAL REVIEW
Section 1448(a) (42 U.S.C. 300j-7(a)) is amended as follows:
(1) In paragraph (2), in the first sentence, by inserting
``final'' after ``any other''.
(2) In the matter after and below paragraph (2):
(A) By striking ``or issuance of the order'' and
inserting ``or any other final Agency action''.
(B) By adding at the end the following: ``In any
petition concerning the assessment of a civil penalty
pursuant to section 1414(g)(3)(B), the petitioner shall
simultaneously send a copy of the complaint by
certified mail to the Administrator and the Attorney
General. The court shall set aside and remand the
penalty order if the court finds that there is not
substantial evidence in the record to support the
finding of a violation or that the assessment of the
penalty by the Administrator constitutes an abuse of
discretion.''.
Subtitle D--Exemptions and Variances
SEC. 141. EXEMPTIONS.
(a) Systems Serving Fewer Than 3,300 Persons.--Section 1416 is
amended by adding the following at the end thereof:
``(h) Small Systems.--(1) For public water systems serving fewer
than 3,300 persons, the maximum exemption period shall be 4 years if
the State is exercising primary enforcement responsibility for public
water systems and determines that--
``(A) the public water system cannot meet the maximum
contaminant level or install Best Available Affordable
Technology (`BAAT') due in either case to compelling economic
circumstances (taking into consideration the availability of
financial assistance under section 1452, relating to State
Revolving Funds) or other compelling circumstances;
``(B) the public water system could not comply with the
maximum contaminant level through the use of alternate water
supplies;
``(C) the granting of the exemption will provide a drinking
water supply that protects public health given the duration of
exemption; and
``(D) the State has met the requirements of paragraph (2).
``(2)(A) Before issuing an exemption under this section or an
extension thereof for a small public water system described in
paragraph (1), the State shall--
``(i) examine the public water system's technical,
financial, and managerial capability (taking into consideration
any available financial assistance) to operate in and maintain
compliance with this title, and
``(ii) determine if management or restructuring changes (or
both) can reasonably be made that will result in compliance
with this title or, if compliance cannot be achieved, improve
the quality of the drinking water.
``(B) Management changes referred to in subparagraph (A) may
include rate increases, accounting changes, the hiring of consultants,
the appointment of a technician with expertise in operating such
systems, contractual arrangements for a more efficient and capable
system for joint operation, or other reasonable strategies to improve
capacity.
``(C) Restructuring changes referred to in subparagraph (A) may
include ownership change, physical consolidation with another system,
or other measures to otherwise improve customer base and gain economies
of scale.
``(D) If the State determines that management or restructuring
changes referred to in subparagraph (A) can reasonably be made, it
shall require such changes and a schedule therefore as a condition of
the exemption. If the State determines to the contrary, the State may
still grant the exemption. The decision of the State under this
subparagraph shall not be subject to review by the Administrator,
except as provided in subsection (d).
``(3) Paragraphs (1) and (3) of subsection (a) shall not apply to
an exemption issued under this subsection. Subparagraph (B) of
subsection (b)(2) shall not apply to an exemption issued under this
subsection, but any exemption granted to such a system may be renewed
for additional 4-year periods upon application of the public water
system and after a determination that the criteria of paragraphs (1)
and (2) of this subsection continue to be met.
``(4) No exemption may be issued under this section for
microbiological contaminants.''.
(b) Limited Additional Compliance Period.--At the end of section
1416(h) insert:
``(5)(A) Notwithstanding this subsection, the State of New York, on
a case-by-case basis and after notice and an opportunity of at least 60
days for public comment, may allow an additional period for compliance
with the Surface Water Treatment Rule established pursuant to section
1412(b)(7)(C) in the case of unfiltered systems in Essex, Columbia,
Greene, Dutchess, Rennsselaer, Schoharie, Saratoga, Washington, and
Warren Counties serving a population of less than 5,000, which meet
appropriate disinfection requirements and have adequate watershed
protections, so long as the State determines that the public health
will be protected during the duration of the additional compliance
period and the system agrees to implement appropriate control measures
as determined by the State.
``(B) The additional compliance period referred to in subparagraph
(A) shall expire on the earlier of the date 3 years after the date on
which the Administrator identifies appropriate control technology for
the Surface Water Treatment Rule for public water systems in the
category that includes such system pursuant to section 1412(b)(4)(E) or
5 years after the enactment of the Safe Drinking Water Act Amendments
of 1996.''.
(c) Technical and Conforming Amendments.--(1) Section 1416(b)(1) is
amended by striking ``prescribed by a State pursuant to this
subsection'' and inserting ``prescribed by a State pursuant to this
subsection or subsection (h)''.
(2) Section 1416(c) is amended by striking ``under subsection (a)''
and inserting ``under this section'' and by inserting after ``(a)(3)''
in the second sentence ``or the determination under subsection
(h)(1)(C)''.
(3) Section 1416(d)(1) is amended by striking ``3-year'' and
inserting ``4-year'' and by amending the first sentence to read as
follows: ``Not later than 4 years after the date of enactment of the
Safe Drinking Water Act Amendments of 1996, the Administrator shall
complete a comprehensive review of the exemptions granted (and
schedules prescribed pursuant thereto) by the States during the 4-year
period beginning on such date.''.
(4) Section 1416(b)(2)(C) is repealed.
(d) Systems Serving More Than 3,300 Persons.--Section
1416(b)(2)(A)(ii) is amended by striking ``12 months'' and inserting
``4 years'' and section 1416(b)(2)(B) is amended by striking ``3 years
after the date of the issuance of the exemption'' and inserting ``4
years after the expiration of the initial exemption''.
SEC. 142. VARIANCES.
(a) BAAT Variance.--Section 1415 (42 U.S.C. 300g-4) is amended by
adding the following at the end thereof:
``(e) Small System Assistance Program.--
``(1) BAAT variances.--In the case of public water systems
serving 3,300 persons or fewer, a variance under this section
shall be granted by a State which has primary enforcement
responsibility for public water systems allowing the use of
Best Available Affordable Technology in lieu of best technology
or other means where--
``(A) no best technology or other means is listed
under section 1412(b)(4)(E) for the applicable category
of public water systems;
``(B) the Administrator has identified BAAT for
that contaminant pursuant to paragraph (3); and
``(C) the State finds that the conditions in
paragraph (4) are met.
``(2) Definition of baat.--The term `Best Available
Affordable Technology' or `BAAT' means the most effective
technology or other means for the control of a drinking water
contaminant or contaminants that is available and affordable to
systems serving fewer than 3,300 persons.
``(3) Identification of baat.--(A) As part of each national
primary drinking water regulation proposed and promulgated
after the enactment of the Safe Drinking Water Act Amendments
of 1996, the Administrator shall identify BAAT in any case
where no `best technology or other means' is listed for a
category of public water systems listed under section
1412(b)(4)(E). No such identified BAAT shall require a
technology from a specific manufacturer or brand. BAAT need not
be adequate to achieve the applicable maximum contaminant level
or treatment technique, but shall bring the public water system
as close to achievement of such maximum contaminant level as
practical or as close to the level of health protection
provided by such treatment technique as practical, as the case
may be. Any technology or other means identified as BAAT must
be determined by the Administrator to be protective of public
health. Simultaneously with identification of BAAT, the
Administrator shall list any assumptions underlying the public
health determination referred to in the preceding sentence,
where such assumptions concern the public water system to which
the technology may be applied, or its source waters. The
Administrator shall provide the assumptions used in determining
affordability, taking into consideration the number of persons
served by such systems. Such listing shall provide as much
reliable information as practicable on performance,
effectiveness, limitations, costs, and other relevant factors
in support of such listing, including the applicability of BAAT
to surface and underground waters or both.
``(B) To the greatest extent possible, within 36 months
after the date of the enactment of the Safe Drinking Water Act
Amendments of 1996, the Administrator shall identify BAAT for
all national primary drinking water regulations promulgated
prior to such date of enactment where no best technology or
other means is listed for a category of public water systems
under section 1412(b)(4)(E), and where compliance by such small
systems is not practical. In identifying BAAT for such national
primary drinking water regulations, the Administrator shall
give priority to evaluation of atrazine, asbestos, selenium,
pentachlorophenol, antimony, and nickel.
``(4) Conditions for baat variance.--To grant a variance
under this subsection, the State must determine that--
``(A) the public water system cannot install `best
technology or other means' because of the system's
small size;
``(B) the public water system could not comply with
the maximum contaminant level through use of alternate
water supplies or through management changes or
restructuring;
``(C) the public water system has the capacity to
operate and maintain BAAT; and
``(D) the circumstances of the public water system
are consistent with the public health assumptions
identified by the Administrator under paragraph (3).
``(5) Schedules.--Any variance granted by a State under
this subsection shall establish a schedule for the installation
and operation of BAAT within a period not to exceed 2 years
after the issuance of the variance, except that the State may
grant an extension of 1 additional year upon application by the
system. The application shall include a showing of financial or
technical need. Variances under this subsection shall be for a
term not to exceed 5 years (including the period allowed for
installation and operation of BAAT), but may be renewed for
such additional 5-year periods by the State upon a finding that
the criteria in paragraph (1) continue to be met.
``(6) Review.--Any review by the Administrator under
paragraphs (4) and (5) shall be pursuant to subsection
(a)(1)(G)(i).
``(7) Ineligibility for variances.--A variance shall not be
available under this subsection for--
``(A) any maximum contaminant level or treatment
technique for a contaminant with respect to which a
national primary drinking water regulation was
promulgated prior to January 1, 1986; or
``(B) a national primary drinking water regulation
for a microbial contaminant (including a bacterium,
virus, or other organism) or an indicator or treatment
technique for a microbial contaminant.''.
(b) Technical and Conforming Changes.--
Section 1415 (42 U.S.C. 300g-4) is amended as follows:
(1) By striking ``best technology, treatment techniques, or
other means'' and ``best available technology, treatment
techniques or other means'' each place such terms appear and
inserting in lieu thereof ``best technology or other means''.
(2) By striking the third sentence and by striking ``Before
a schedule prescribed by a State pursuant to this subparagraph
may take effect'' and all that follows down to the beginning of
the last sentence in subsection (a)(1)(A).
(3) By amending the first sentence of subsection (a)(1)(C)
to read as follows: ``Before a variance is issued and a
schedule is prescribed pursuant to this subsection or
subsection (e) by a State, the State shall provide notice and
an opportunity for a public hearing on the proposed variance
and schedule.''.
(4) By inserting ``under this section'' before the period
at the end of the third sentence of subsection (a)(1)(C).
(5) By striking ``under subparagraph (A)'' and inserting
``under this section'' in subsection (a)(1)(D).
(6) By striking ``that subparagraph'' in each place it
appears and insert in each such place ``this section'' in
subsection (a)(1)(D).
(7) By striking the last sentence of subsection (a)(1)(D).
(8) By striking ``3-year'' and inserting ``5-year'' in
subsection (a)(1)(F) and by amending the first sentence of such
subsection (a)(1)(F) to read as follows: ``Not later than 5
years after the enactment of the Safe Drinking Water Act
Amendments of 1996, the Administrator shall complete a review
of the variances granted under this section (and the schedules
prescribed in connection with such variances).''.
(9) By striking ``subparagraph (A) or (B)'' and inserting
``this section'' in subsection (a)(1)(G)(i).
(10) By striking ``paragraph (1)(B) or (2) of subsection
(a)'' and inserting ``this section'' in subsection (b).
(11) By striking ``subsection (a)'' and inserting ``this
section'' in subsection (c).
(12) By repealing subsection (d).
Subtitle E--Lead Plumbing and Pipes
SEC. 151. LEAD PLUMBING AND PIPES.
Section 1417 (42 U.S.C. 300g-6) is amended as follows:
(1) In subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Prohibitions.--
``(A) In general.--No person may use any pipe, any
pipe or plumbing fitting or fixture, any solder, or any
flux, after June 19, 1986, in the installation or
repair of--
``(i) any public water system; or
``(ii) any plumbing in a residential or
nonresidential facility providing water for
human consumption,
that is not lead free (within the meaning of subsection
(d)).
``(B) Leaded joints.--Subparagraph (A) shall not
apply to leaded joints necessary for the repair of cast
iron pipes.''.
(2) In subsection (a)(2)(A), by inserting ``owner or
operator of a'' after ``Each''.
(3) By adding at the end of subsection (a) the following:
``(3) Unlawful acts.--Effective 2 years after the date of
enactment of this paragraph, it shall be unlawful--
``(A) for any person to introduce into commerce any
pipe, or any pipe or plumbing fitting or fixture, that
is not lead free, except for a pipe that is used in
manufacturing or industrial processing;
``(B) for any person engaged in the business of
selling plumbing supplies, except manufacturers, to
sell solder or flux that is not lead free; or
``(C) for any person to introduce into commerce any
solder or flux that is not lead free unless the solder
or flux bears a prominent label stating that it is
illegal to use the solder or flux in the installation
or repair of any plumbing providing water for human
consumption.''.
(4) In subsection (d)--
(A) by striking ``lead, and'' in paragraph (1) and
inserting ``lead;'';
(B) by striking ``lead.'' in paragraph (2) and
inserting ``lead; and''; and
(C) by adding at the end the following:
``(3) when used with respect to plumbing fittings and
fixtures, refers to plumbing fittings and fixtures in
compliance with standards established in accordance with
subsection (e).''.
(5) By adding at the end the following:
``(e) Plumbing Fittings and Fixtures.--
``(1) In general.--The Administrator shall provide accurate
and timely technical information and assistance to qualified
third-party certifiers in the development of voluntary
standards and testing protocols for the leaching of lead from
new plumbing fittings and fixtures that are intended by the
manufacturer to dispense water for human ingestion.
``(2) Standards.--
``(A) In general.--If a voluntary standard for the
leaching of lead is not established by the date that is
1 year after the date of enactment of this subsection,
the Administrator shall, not later than 2 years after
the date of enactment of this subsection, promulgate
regulations setting a health-effects-based performance
standard establishing maximum leaching levels from new
plumbing fittings and fixtures that are intended by the
manufacturer to dispense water for human ingestion. The
standard shall become effective on the date that is 5
years after the date of promulgation of the standard.
``(B) Alternative requirement.--If regulations are
required to be promulgated under subparagraph (A) and
have not been promulgated by the date that is 5 years
after the date of enactment of this subsection, no
person may import, manufacture, process, or distribute
in commerce a new plumbing fitting or fixture, intended
by the manufacturer to dispense water for human
ingestion, that contains more than 4 percent lead by
dry weight.''.
Subtitle F--Capacity Development
SEC. 161. CAPACITY DEVELOPMENT.
Part B (42 U.S.C. 300g et seq.) is amended by adding at the end the
following:
``SEC. 1419. CAPACITY DEVELOPMENT.
``(a) State Authority for New Systems.--Each State shall obtain the
legal authority or other means to ensure that all new community water
systems and new nontransient, noncommunity water systems commencing
operation after October 1, 1999, demonstrate technical, managerial, and
financial capacity with respect to each national primary drinking water
regulation in effect, or likely to be in effect, on the date of
commencement of operations.
``(b) Systems in Significant Noncompliance.--
``(1) List.--Beginning not later than 1 year after the date
of enactment of this section, each State shall prepare,
periodically update, and submit to the Administrator a list of
community water systems and nontransient, noncommunity water
systems that have a history of significant noncompliance with
this title (as defined in guidelines issued prior to the date
of enactment of this section or any revisions of the guidelines
that have been made in consultation with the States) and, to
the extent practicable, the reasons for noncompliance.
``(2) Report.--Not later than 5 years after the date of
enactment of this section and as part of the capacity
development strategy of the State, each State shall report to
the Administrator on the success of enforcement mechanisms and
initial capacity development efforts in assisting the public
water systems listed under paragraph (1) to improve technical,
managerial, and financial capacity.
``(c) Capacity Development Strategy.--
``(1) In general.--Not later than 4 years after the date of
enactment of this section, each State shall develop and
implement a strategy to assist public water systems in
acquiring and maintaining technical, managerial, and financial
capacity.
``(2) Content.--In preparing the capacity development
strategy, the State shall consider, solicit public comment on,
and include as appropriate--
``(A) the methods or criteria that the State will
use to identify and prioritize the public water systems
most in need of improving technical, managerial, and
financial capacity;
``(B) a description of the institutional,
regulatory, financial, tax, or legal factors at the
Federal, State, or local level that encourage or impair
capacity development;
``(C) a description of how the State will use the
authorities and resources of this title or other means
to--
``(i) assist public water systems in
complying with national primary drinking water
regulations;
``(ii) encourage the development of
partnerships between public water systems to
enhance the technical, managerial, and
financial capacity of the systems; and
``(iii) assist public water systems in the
training and certification of operators;
``(D) a description of how the State will establish
a baseline and measure improvements in capacity with
respect to national primary drinking water regulations
and State drinking water law; and
``(E) an identification of the persons that have an
interest in and are involved in the development and
implementation of the capacity development strategy
(including all appropriate agencies of Federal, State,
and local governments, private and nonprofit public
water systems, and public water system customers).
``(3) Report.--Not later than 2 years after the date on
which a State first adopts a capacity development strategy
under this subsection, and every 3 years thereafter, the head
of the State agency that has primary responsibility to carry
out this title in the State shall submit to the Governor a
report that shall also be available to the public on the
efficacy of the strategy and progress made toward improving the
technical, managerial, and financial capacity of public water
systems in the State.
``(4) Review.--The decisions of the State under this
section regarding any particular public water system are not
subject to review by the Administrator and may not serve as the
basis for withholding funds under section 1452(a)(1)(H)(i).
``(d) Federal Assistance.--
``(1) In general.--The Administrator shall support the
States in developing capacity development strategies.
``(2) Informational assistance.--
``(A) In general.--Not later than 180 days after
the date of enactment of this section, the
Administrator shall--
``(i) conduct a review of State capacity
development efforts in existence on the date of
enactment of this section and publish
information to assist States and public water
systems in capacity development efforts; and
``(ii) initiate a partnership with States,
public water systems, and the public to develop
information for States on recommended operator
certification requirements.
``(B) Publication of information.--The
Administrator shall publish the information developed
through the partnership under subparagraph (A)(ii) not
later than 18 months after the date of enactment of
this section.
``(3) Promulgation of drinking water regulations.--In
promulgating a national primary drinking water regulation, the
Administrator shall include an analysis of the likely effect of
compliance with the regulation on the technical, financial, and
managerial capacity of public water systems.
``(4) Guidance for new systems.--Not later than 2 years
after the date of enactment of this section, the Administrator
shall publish guidance developed in consultation with the
States describing legal authorities and other means to ensure
that all new community water systems and new nontransient,
noncommunity water systems demonstrate technical, managerial,
and financial capacity with respect to national primary
drinking water regulations.''.
TITLE II--AMENDMENTS TO PART C
SEC. 201. SOURCE WATER QUALITY ASSESSMENT.
(a) Guidelines and Programs.--Section 1428 is amended by adding
``and source water'' after ``wellhead'' in the section heading and by
adding at the end thereof the following:
``(l) Source Water Assessment.--
``(1) Guidance.--Within 12 months after enactment of the
Safe Drinking Water Act Amendments of 1996, after notice and
comment, the Administrator shall publish guidance for States
exercising primary enforcement responsibility for public water
systems to carry out directly or through delegation (for the
protection and benefit of public water systems and for the
support of monitoring flexibility) a source water assessment
program within the State's boundaries.
``(2) Program requirements.--A source water assessment
program under this subsection shall--
``(A) delineate the boundaries of the assessment
areas in such State from which one or more public water
systems in the State receive supplies of drinking
water, using all reasonably available hydrogeologic
information on the sources of the supply of drinking
water in the State and the water flow, recharge, and
discharge and any other reliable information as the
State deems necessary to adequately determine such
areas; and
``(B) identify for contaminants regulated under
this title for which monitoring is required under this
title (or any unregulated contaminants selected by the
State in its discretion which the State, for the
purposes of this subsection, has determined may present
a threat to public health), to the extent practical,
the origins within each delineated area of such
contaminants to determine the susceptibility of the
public water systems in the delineated area to such
contaminants.
``(3) Approval, implementation, and monitoring relief.--A
State source water assessment program under this subsection
shall be submitted to the Administrator within 18 months after
the Administrator's guidance is issued under this subsection
and shall be deemed approved 9 months after the date of such
submittal unless the Administrator disapproves the program as
provided in subsection (c). States shall begin implementation
of the program immediately after its approval. The
Administrator's approval of a State program under this
subsection shall include a timetable, established in
consultation with the State, allowing not more than 2 years for
completion after approval of the program. Public water systems
seeking monitoring relief in addition to the interim relief
provided under section 1418(a) shall be eligible for monitoring
relief, consistent with section 1418(b), upon completion of the
assessment in the delineated source water assessment area or
areas concerned.
``(4) Timetable.--The timetable referred to in paragraph
(3) shall take into consideration the availability to the State
of funds under section 1452 (relating to State Revolving Funds)
for assessments and other relevant factors. The Administrator
may extend any timetable included in a State program approved
under paragraph (3) to extend the period for completion by an
additional 18 months. Compliance with subsection (g) shall not
affect any State permanent monitoring flexibility program
approved under section 1418(b).
``(5) Demonstration project.--The Administrator shall, as
soon as practicable, conduct a demonstration project, in
consultation with other Federal agencies, to demonstrate the
most effective and protective means of assessing and protecting
source waters serving large metropolitan areas and located on
Federal lands.
``(6) Use of other programs.--To avoid duplication and to
encourage efficiency, the program under this section shall, to
the extent practicable, be coordinated with other existing
programs and mechanisms, and may make use of any of the
following:
``(A) Vulnerability assessments, sanitary surveys,
and monitoring programs.
``(B) Delineations or assessments of ground water
sources under a State wellhead protection program
developed pursuant to this section.
``(C) Delineations or assessments of surface or
ground water sources under a State pesticide management
plan developed pursuant to the Pesticide and Ground
Water State Management Plan Regulation (subparts I and
J of part 152 of title 40, Code of Federal
Regulations), promulgated under section 3(d) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a(d)).
``(D) Delineations or assessments of surface water
sources under a State watershed initiative or to
satisfy the watershed criterion for determining if
filtration is required under the Surface Water
Treatment Rule (section 141.70 of title 40, Code of
Federal Regulations).
``(7) Public availability.--The State shall make the
results of the source water assessments conducted under this
subsection available to the public.''.
(b) Approval and Disapproval of State Programs.--Section 1428 is
amended as follows:
(1) Amend the first sentence of subsection (c)(1) to read
as follows: ``If, in the judgment of the Administrator, a State
program or portion thereof under subsection (a) is not adequate
to protect public water systems as required by subsection (a)
or a State program under subsection (l) or section 1418(b) does
not meet the applicable requirements of subsection (l) or
section 1418(b), the Administrator shall disapprove such
program or portion thereof.''.
(2) Add after the second sentence of subsection (c)(1) the
following: ``A State program developed pursuant to subsection
(l) or section 1418(b) shall be deemed to meet the applicable
requirements of subsection (l) or section 1418(b) unless the
Administrator determines within 9 months of the receipt of the
program that such program (or portion thereof) does not meet
such requirements.''.
(3) In the third sentence of subsection (c)(1) and in
subsection (c)(2) strike ``is inadequate'' and insert ``is
disapproved''.
(4) In subsection (b), add the following before the period
at the end of the first sentence: ``and source water assessment
programs under subsection (l)''.
(5) In subsection (g)--
(A) insert after ``under this section'' the
following: ``and the State source water assessment
programs under subsection (l) for which the State uses
grants under section 1452 (relating to State Revolving
Funds)''; and
(B) strike ``Such'' in the last sentence and
inserting ``In the case of wellhead protection
programs, such''.
SEC. 202. FEDERAL FACILITIES.
(a) In General.--Part C (42 U.S.C. 300h et seq.) is amended by
adding at the end thereof the following new section:
``SEC. 1429. FEDERAL FACILITIES.
``(a) In General.--Each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the Federal
Government--
``(1) owning or operating any facility in a wellhead
protection area,
``(2) engaged in any activity at such facility resulting,
or which may result, in the contamination of water supplies in
any such area, or
``(3) owning or operating any public water system,
shall be subject to, and comply with, all Federal, State, interstate,
and local requirements, both substantive and procedural (including any
requirement for permits or reporting or any provisions for injunctive
relief and such sanctions as may be imposed by a court to enforce such
relief), respecting the protection of such wellhead areas and
respecting such public water systems in the same manner and to the same
extent as any person is subject to such requirements, including the
payment of reasonable service charges. The Federal, State, interstate,
and local substantive and procedural requirements referred to in this
subsection include, but are not limited to, all administrative orders
and all civil and administrative penalties and fines, regardless of
whether such penalties or fines are punitive or coercive in nature or
are imposed for isolated, intermittent, or continuing violations. The
United States hereby expressly waives any immunity otherwise applicable
to the United States with respect to any such substantive or procedural
requirement (including, but not limited to, any injunctive relief,
administrative order or civil or administrative penalty or fine
referred to in the preceding sentence, or reasonable service charge).
The reasonable service charges referred to in this subsection include,
but are not limited to, fees or charges assessed in connection with the
processing and issuance of permits, renewal of permits, amendments to
permits, review of plans, studies, and other documents, and inspection
and monitoring of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a Federal, State,
interstate, or local regulatory program respecting the protection of
wellhead areas or public water systems. Neither the United States, nor
any agent, employee, or officer thereof, shall be immune or exempt from
any process or sanction of any State or Federal Court with respect to
the enforcement of any such injunctive relief. No agent, employee, or
officer of the United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local law concerning
the protection of wellhead areas or public water systems with respect
to any act or omission within the scope of the official duties of the
agent, employee, or officer. An agent, employee, or officer of the
United States shall be subject to any criminal sanction (including, but
not limited to, any fine or imprisonment) under any Federal or State
requirement adopted pursuant to this title, but no department, agency,
or instrumentality of the executive, legislative, or judicial branch of
the Federal Government shall be subject to any such sanction. The
President may exempt any facility of any department, agency, or
instrumentality in the executive branch from compliance with such a
requirement if he determines it to be in the paramount interest of the
United States to do so. No such exemption shall be granted due to lack
of appropriation unless the President shall have specifically requested
such appropriation as a part of the budgetary process and the Congress
shall have failed to make available such requested appropriation. Any
exemption shall be for a period not in excess of 1 year, but additional
exemptions may be granted for periods not to exceed 1 year upon the
President's making a new determination. The President shall report each
January to the Congress all exemptions from the requirements of this
section granted during the preceding calendar year, together with his
reason for granting each such exemption.
``(b) Administrative Penalty Orders.--
``(1) In general.--If the Administrator finds that a
Federal agency has violated an applicable requirement under
this title, the Administrator may issue a penalty order
assessing a penalty against the Federal agency.
``(2) Penalties.--The Administrator may, after notice to
the agency, assess a civil penalty against the agency in an
amount not to exceed $25,000 per day per violation.
``(3) Procedure.--Before an administrative penalty order
issued under this subsection becomes final, the Administrator
shall provide the agency an opportunity to confer with the
Administrator and shall provide the agency notice and an
opportunity for a hearing on the record in accordance with
chapters 5 and 7 of title 5, United States Code.
``(4) Public review.--
``(A) In general.--Any interested person may obtain
review of an administrative penalty order issued under
this subsection. The review may be obtained in the
United States District Court for the District of
Columbia or in the United States District Court for the
district in which the violation is alleged to have
occurred by the filing of a complaint with the court
within the 30-day period beginning on the date the
penalty order becomes final. The person filing the
complaint shall simultaneously send a copy of the
complaint by certified mail to the Administrator and
the Attorney General.
``(B) Record.--The Administrator shall promptly
file in the court a certified copy of the record on
which the order was issued.
``(C) Standard of review.--The court shall not set
aside or remand the order unless the court finds that
there is not substantial evidence in the record, taken
as a whole, to support the finding of a violation or
that the assessment of the penalty by the Administrator
constitutes an abuse of discretion.
``(D) Prohibition on additional penalties.--The
court may not impose an additional civil penalty for a
violation that is subject to the order unless the court
finds that the assessment constitutes an abuse of
discretion by the Administrator.
``(c) Limitation on State Use of Funds Collected From Federal
Government.--Unless a State law in effect on the date of the enactment
of the Safe Drinking Water Act Amendments of 1996 or a State
constitution requires the funds to be used in a different manner, all
funds collected by a State from the Federal Government from penalties
and fines imposed for violation of any substantive or procedural
requirement referred to in subsection (a) shall be used by the State
only for projects designed to improve or protect the environment or to
defray the costs of environmental protection or enforcement.''.
(b) Citizen Enforcement.--(1) The first sentence of section 1449(a)
(42 U.S.C. 300j-8(a)) is amended--
(A) in paragraph (1), by striking ``, or'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) for the collection of a penalty by the United States
Government (and associated costs and interest) against any
Federal agency that fails, by the date that is 18 months after
the effective date of a final order to pay a penalty assessed
by the Administrator under section 1429(b), to pay the
penalty.''.
(2) Subsection (b) of section 1449 (42 U.S.C. 300j-8(b)) is
amended, by striking the period at the end of paragraph (2) and
inserting ``; or'' and by adding the following new paragraph after
paragraph (2):
``(3) under subsection (a)(3) prior to 60 days after the
plaintiff has given notice of such action to the Attorney
General and to the Federal agency.''.
(c) Conforming Amendments.--Section 1447 (42 U.S.C. 300j-6) is
amended as follows:
(1) In subsection (a):
(A) In the first sentence, by striking ``(1) having
jurisdiction over any federally owned or maintained
public water system or (2)''.
(B) In the first sentence, by striking out
``respecting the provision of safe drinking water
and''.
(C) In the second sentence, by striking ``(A)'',
``(B)'', and ``(C)'' and inserting ``(1)'', ``(2)'',
and ``(3)'', respectively.
(2) In subsection (c), by striking ``the Safe Drinking
Water Amendments of 1977'' and inserting ``this title'' and by
striking ``this Act'' and inserting ``this title''.
TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT
SEC. 301. OPERATOR CERTIFICATION.
Section 1442 is amended by adding the following after subsection
(e):
``(f) Minimum Standards.--(1) Not later than 30 months after the
date of enactment of the Safe Drinking Water Act Amendments of 1996 and
after consultation with States exercising primary enforcement
responsibility for public water systems, the Administrator shall
promulgate regulations specifying minimum standards for certification
(and recertification) of the operators of community and nontransient
noncommunity public water systems. Such regulations shall take into
account existing State programs, the complexity of the system and other
factors aimed at providing an effective program at reasonable cost to
States and public water systems, taking into account the size of the
system.
``(2) Any State exercising primary enforcement responsibility for
public water systems shall adopt and implement, within 2 years after
the promulgation of regulations pursuant to paragraph (1), requirements
for the certification of operators of community and nontransient
noncommunity public water systems.
``(3) For any State exercising primary enforcement responsibility
for public water systems which has an operator certification program in
effect on the date of the enactment of the Safe Drinking Water Act
Amendments of 1996, the regulations under paragraph (1) shall allow the
State to enforce such program in lieu of the regulations under
paragraph (1) if the State submits the program to the Administrator
within 18 months after the promulgation of such regulations unless the
Administrator determines (within 9 months after the State submits the
program to the Administrator) that such program is not substantially
equivalent to such regulations. In making this determination, such
existing State programs shall be presumed to be substantially
equivalent to the regulations, notwithstanding program differences,
based on the size of systems or the quality of source water, providing
State programs meet overall public health objectives of the
regulations. If disapproved the program may be resubmitted within 6
months after receipt of notice of disapproval.''.
SEC. 302. TECHNICAL ASSISTANCE.
Section 1442(e) (42 U.S.C. 300j-1(e)), relating to technical
assistance for small systems, is amended to read as follows:
``(e) Technical Assistance.--The Administrator may provide
technical assistance to small public water systems to enable such
systems to achieve and maintain compliance with applicable national
primary drinking water regulations. Such assistance may include
circuit-rider programs, training, and preliminary engineering
evaluations. There is authorized to be appropriated to the
Administrator to be used for such technical assistance $15,000,000 for
fiscal years 1997 through 2003. No portion of any State revolving fund
established under section 1452 (relating to State revolving funds) and
no portion of any funds made available under this subsection may be
used either directly or indirectly for lobbying expenses. Of the total
amount appropriated under this subsection, 3 percent shall be used for
technical assistance to public water systems owned or operated by
Indian tribes.''.
SEC. 303. PUBLIC WATER SYSTEM SUPERVISION PROGRAM.
Section 1443(a) (42 U.S.C. 300j-2(a)) is amended as follows:
(1) Paragraph (7) is amended to read as follows:
``(7) Authorization.--For the purpose of making grants
under paragraph (1), there are authorized to be appropriated
$100,000,000 for each of fiscal years 1997 through 2003.''.
(2) By adding at the end the following:
``(8) Reservation of funds by the administrator.--If the
Administrator assumes the primary enforcement responsibility of
a State public water system supervision program, the
Administrator may reserve from funds made available pursuant to
this subsection, an amount equal to the amount that would
otherwise have been provided to the State pursuant to this
subsection. The Administrator shall use the funds reserved
pursuant to this paragraph to ensure the full and effective
administration of a public water system supervision program in
the State.
``(9) State loan funds.--For any fiscal year for which the
amount made available to the Administrator by appropriations to
carry out this subsection is less than the amount that the
Administrator determines is necessary to supplement funds made
available pursuant to paragraph (8) to ensure the full and
effective administration of a public water system supervision
program in a State, the Administrator may reserve from the
funds made available to the State under section 1452 (relating
to State revolving funds) an amount that is equal to the amount
of the shortfall. This paragraph shall not apply to any State
not exercising primary enforcement responsibility for public
water systems as of the date of enactment of the Safe Drinking
Water Amendments of 1996.''.
SEC. 304. MONITORING AND INFORMATION GATHERING.
(a) Review of Existing Requirements.--Paragraph (1) of section
1445(a) (42 U.S.C. 300j-4(a)(1)) is amended to read as follows:
``(1)(A) Every person who is subject to any requirement of this
title or who is a grantee, shall establish and maintain such records,
make such reports, conduct such monitoring, and provide such
information as the Administrator may reasonably require by regulation
to assist the Administrator in establishing regulations under this
title, in determining whether such person has acted or is acting in
compliance with this title, in administering any program of financial
assistance under this title, in evaluating the health risks of
unregulated contaminants, or in advising the public of such risks. In
requiring a public water system to monitor under this subsection, the
Administrator may take into consideration the system size and the
contaminants likely to be found in the system's drinking water.
``(B) Every person who is subject to a national primary drinking
water regulation under section 1412 shall provide such information as
the Administrator may reasonably require, after consultation with the
State in which such person is located if such State has primary
enforcement responsibility for public water systems, on a case-by-case
basis, to determine whether such person has acted or is acting in
compliance with this title.
``(C) Every person who is subject to a national primary drinking
water regulation under section 1412 shall provide such information as
the Administrator may reasonably require to assist the Administrator in
establishing regulations under section 1412 of this title, after
consultation with States and suppliers of water. The Administrator may
not require under this subparagraph the installation of treatment
equipment or process changes, the testing of treatment technology, or
the analysis or processing of monitoring samples, except where the
Administrator provides the funding for such activities. Before
exercising this authority, the Administrator shall first seek to obtain
the information by voluntary submission.
``(D) The Administrator shall not later than 2 years after the date
of enactment of this sentence, after consultation with public health
experts, representatives of the general public, and officials of State
and local governments, review the monitoring requirements for not fewer
than 12 contaminants identified by the Administrator, and promulgate
any necessary modifications.''.
(b) Monitoring Relief.--Part B is amended by adding the following
new section after section 1417:
``SEC. 1418. MONITORING OF CONTAMINANTS.
``(a) Interim Monitoring Relief Authority.--(1) A State exercising
primary enforcement responsibility for public water systems may modify
the monitoring requirements for any regulated or unregulated
contaminants for which monitoring is required other than microbial
contaminants (or indicators thereof), disinfectants and disinfection
byproducts or corrosion byproducts for an interim period to provide
that any public water system serving 10,000 persons or fewer shall not
be required to conduct additional quarterly monitoring during an
interim relief period for such contaminants if--
``(A) monitoring, conducted at the beginning of the period
for the contaminant concerned and certified to the State by the
public water system, fails to detect the presence of the
contaminant in the ground or surface water supplying the public
water system, and
``(B) the State, (considering the hydrogeology of the area
and other relevant factors), determines in writing that the
contaminant is unlikely to be detected by further monitoring
during such period.
``(2) The interim relief period referred to in paragraph (1) shall
terminate when permanent monitoring relief is adopted and approved for
such State, or at the end of 36 months after the enactment of the Safe
Drinking Water Act Amendments of 1996, whichever comes first. In order
to serve as a basis for interim relief, the monitoring conducted at the
beginning of the period must occur at the time determined by the State
to be the time of the public water system's greatest vulnerability to
the contaminant concerned in the relevant ground or surface water,
taking into account in the case of pesticides the time of application
of the pesticide for the source water area and the travel time for the
pesticide to reach such waters and taking into account, in the case of
other contaminants, seasonality of precipitation and contaminant travel
time.
``(b) Permanent Monitoring Relief Authority.--(1) Each State
exercising primary enforcement responsibility for public water systems
under this title and having an approved wellhead protection program and
a source water assessment program may adopt, in accordance with
guidance published by the Administrator, and submit to the
Administrator as provided in section 1428(c), tailored alternative
monitoring requirements for public water systems in such State (as an
alternative to the monitoring requirements for chemical contaminants
set forth in the applicable national primary drinking water
regulations) where the State concludes that (based on data available at
the time of adoption concerning susceptibility, use, occurrence,
wellhead protection, or from the State's drinking water source water
assessment program) such alternative monitoring would provide assurance
that it complies with the Administrator's guidelines. The State program
must be adequate to assure compliance with, and enforcement of,
applicable national primary drinking water regulations. Alternative
monitoring shall not apply to regulated microbiological contaminants
(or indicators thereof), disinfectants and disinfection by-products, or
corrosion by-products. The preceding sentence is not intended to limit
other authority of the Administrator under other provisions of this
title to grant monitoring flexibility.
``(2)(A) The Administrator shall issue, after notice and comment
and at the same time as guidelines are issued for source water
assessment under section 1428(l), guidelines for States to follow in
proposing alternative monitoring requirements under paragraph (1) of
this subsection for chemical contaminants. The Administrator shall
publish such guidelines in the Federal Register. The guidelines shall
assure that the public health will be protected from drinking water
contamination. The guidelines shall require that a State alternative
monitoring program apply on a contaminant-by-contaminant basis and
that, to be eligible for such alternative monitoring program, a public
water system must show the State that the contaminant is not present in
the drinking water supply or, if present, it is reliably and
consistently below the maximum contaminant level.
``(B) For purposes of subparagraph (A), the phrase `reliably and
consistently below the maximum contaminant level' means that, although
contaminants have been detected in a water supply, the State has
sufficient knowledge of the contamination source and extent of
contamination to predict that the maximum contaminant level will not be
exceeded. In determining that a contaminant is reliably and
consistently below the maximum contaminant level, States shall consider
the quality and completeness of data, the length of time covered and
the volatility or stability of monitoring results during that time, and
the proximity of such results to the maximum contaminant level. Wide
variations in the analytical results, or analytical results close to
the maximum contaminant level, shall not be considered to be reliably
and consistently below the maximum contaminant level.
``(3) The guidelines issued by the Administrator under paragraph
(2) shall require that if, after the monitoring program is in effect
and operating, a contaminant covered by the alternative monitoring
program is detected at levels at or above the maximum contaminant level
or is no longer reliably or consistently below the maximum contaminant
level, the public water system must either--
``(A) demonstrate that the contamination source has been
removed or that other action has been taken to eliminate the
contamination problem, or
``(B) test for the detected contaminant pursuant to the
applicable national primary drinking water regulation.
``(c) Treatment as NPDWR.--All monitoring relief granted by a State
to a public water system for a regulated contaminant under subsection
(a) or (b) shall be treated as part of the national primary drinking
water regulation for that contaminant.
``(d) Other Monitoring Relief.--Nothing in this section shall be
construed to affect the authority of the States under applicable
national primary drinking water regulations to alter monitoring
requirements through waivers or other existing authorities. The
Administrator shall periodically review and, as appropriate, revise
such authorities.''.
(c) Unregulated Contaminants.--Section 1445(a) (42 U.S.C. 300j-
4(a)) is amended by striking paragraphs (2) through (8) and inserting
the following:
``(2) Monitoring program for unregulated contaminants.--
``(A) Establishment.--The Administrator shall
promulgate regulations establishing the criteria for a
monitoring program for unregulated contaminants. The
regulations shall require monitoring of drinking water
supplied by public water systems and shall vary the
frequency and schedule for monitoring requirements for
systems based on the number of persons served by the
system, the source of supply, and the contaminants
likely to be found.
``(B) Monitoring program for certain unregulated
contaminants.--
``(i) Initial list.--Not later than 3 years
after the date of enactment of the Safe
Drinking Water Amendments of 1996 and every 5
years thereafter, the Administrator shall issue
a list pursuant to subparagraph (A) of not more
than 40 unregulated contaminants to be
monitored by public water systems and to be
included in the national drinking water
occurrence data base maintained pursuant to
subsection (g).
``(ii) Governors' petition.--The
Administrator shall include among the list of
contaminants for which monitoring is required
under this paragraph each contaminant
recommended in a petition signed by the
Governor of each of 7 or more States, unless
the Administrator determines that the action
would prevent the listing of other contaminants
of a higher public health concern.
``(C) Monitoring plan for small and medium
systems.--
``(i) In general.--Based on the regulations
promulgated by the Administrator, each State
shall develop a representative monitoring plan
to assess the occurrence of unregulated
contaminants in public water systems that serve
a population of 10,000 or fewer. The plan shall
require monitoring for systems representative
of different sizes, types, and geographic
locations in the State.
``(ii) Grants for small system costs.--From
funds appropriated under subparagraph (H), the
Administrator shall pay the reasonable cost of
such testing and laboratory analysis as are
necessary to carry out monitoring under the
plan.
``(D) Monitoring results.--Each public water system
that conducts monitoring of unregulated contaminants
pursuant to this paragraph shall provide the results of
the monitoring to the primary enforcement authority for
the system.
``(E) Notification.--Notification of the
availability of the results of monitoring programs
required under paragraph (2)(A) shall be given to the
persons served by the system and the Administrator.
``(F) Waiver of monitoring requirement.--The
Administrator shall waive the requirement for
monitoring for a contaminant under this paragraph in a
State, if the State demonstrates that the criteria for
listing the contaminant do not apply in that State.
``(G) Analytical methods.--The State may use
screening methods approved by the Administrator under
subsection (i) in lieu of monitoring for particular
contaminants under this paragraph.
``(H) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $10,000,000 for each of the fiscal years 1997
through 2003.''.
(d) Screening Methods.--Section 1445 (42 U.S.C. 300j-4) is amended
by adding the following after subsection (h):
``(i) Screening Methods.--The Administrator shall review new
analytical methods to screen for regulated contaminants and may approve
such methods as are more accurate or cost-effective than established
reference methods for use in compliance monitoring.''.
SEC. 305. OCCURRENCE DATA BASE.
Section 1445 is amended by adding the following new subsection
after subsection (f):
``(g) National Drinking Water Occurrence Data Base.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Safe Drinking Water Act Amendments of 1996,
the Administrator shall assemble and maintain a national
drinking water occurrence data base, using information on the
occurrence of both regulated and unregulated contaminants in
public water systems obtained under subsection (a)(1)(A) or
subsection (a)(2) and reliable information from other public
and private sources.
``(2) Public input.--In establishing the occurrence data
base, the Administrator shall solicit recommendations from the
Science Advisory Board, the States, and other interested
parties concerning the development and maintenance of a
national drinking water occurrence data base, including such
issues as the structure and design of the data base, data input
parameters and requirements, and the use and interpretation of
data.
``(3) Use.--The data shall be used by the Administrator in
making determinations under section 1412(b)(3) with respect to
the occurrence of a contaminant in drinking water at a level of
public health concern.
``(4) Public recommendations.--The Administrator shall
periodically solicit recommendations from the appropriate
officials of the National Academy of Sciences and the States,
and any person may submit recommendations to the Administrator,
with respect to contaminants that should be included in the
national drinking water occurrence data base, including
recommendations with respect to additional unregulated
contaminants that should be listed under subsection (a)(2). Any
recommendation submitted under this clause shall be accompanied
by reasonable documentation that--
``(A) the contaminant occurs or is likely to occur
in drinking water; and
``(B) the contaminant poses a risk to public
health.
``(5) Public availability.--The information from the data
base shall be available to the public in readily accessible
form.
``(6) Regulated contaminants.--With respect to each
contaminant for which a national primary drinking water
regulation has been established, the data base shall include
information on the detection of the contaminant at a
quantifiable level in public water systems (including detection
of the contaminant at levels not constituting a violation of
the maximum contaminant level for the contaminant).
``(7) Unregulated contaminants.--With respect to
contaminants for which a national primary drinking water
regulation has not been established, the data base shall
include--
``(A) monitoring information collected by public
water systems that serve a population of more than
3,300, as required by the Administrator under
subsection (a);
``(B) monitoring information collected by the
States from a representative sampling of public water
systems that serve a population of 3,300 or fewer; and
``(C) other reliable and appropriate monitoring
information on the occurrence of the contaminants in
public water systems that is available to the
Administrator.''.
SEC. 306. CITIZENS SUITS.
Section 1449 (42 U.S.C. 300j-8) is amended by inserting ``, or a
State'' after ``prosecuting a civil action in a court of the United
States'' in subsection (b)(1)(B).
SEC. 307. WHISTLE BLOWER.
(a) Whistle Blower.--Section 1450(i) is amended as follows:
(1) Amend paragraph (2)(A) by striking ``30 days'' and
inserting ``180 days'' and by inserting before the period at
the end ``and the Environmental Protection Agency''.
(2) Amend paragraph (2)(B)(i) by inserting before the last
sentence the following: ``Upon conclusion of such hearing and
the issuance of a recommended decision that the complaint has
merit, the Secretary shall issue a preliminary order providing
the relief prescribed in clause (ii), but may not order
compensatory damages pending a final order.''.
(3) Amend paragraph (2)(B)(ii) by inserting ``and'' before
``(III)'' and by striking ``compensatory damages, and (IV)
where appropriate, exemplary damages'' and inserting ``and the
Secretary may order such person to provide compensatory damages
to the complainant''.
(4) Redesignate paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively, and insert
after paragraph (2) the following:
``(3)(A) The Secretary shall dismiss a complaint filed under
paragraph (1), and shall not conduct the investigation required under
paragraph (2), unless the complainant has made a prima facie showing
that any behavior described in subparagraphs (A) through (C) of
paragraph (1) was a contributing factor in the unfavorable personnel
action alleged in the complaint.
``(B) Notwithstanding a finding by the Secretary that the complaint
has made the showing required by paragraph (1)(A), no investigation
required under paragraph (2) shall be conducted if the employer
demonstrates, by clear and convincing evidence, that it would have
taken the same unfavorable personnel action in the absence of such
behavior.
``(C) The Secretary may determine that a violation of paragraph (1)
has occurred only if the complainant has demonstrated that any behavior
described in subparagraphs (A) through (C) of paragraph (1) was a
contributing factor in the unfavorable personnel action alleged in the
complaint.
``(D) Relief may not be ordered under paragraph (2) if the employer
demonstrates clear and convincing evidence that it would have taken the
same unfavorable personnel action in the absence of such behavior.''.
(5) Add at the end the following:
``(8) This subsection may not be construed to expand, diminish, or
otherwise affect any right otherwise available to an employee under
Federal or State law to reduce the employee's discharge or other
discriminatory action taken by the employer against the employee. The
provisions of this subsection shall be prominently posted in any place
of employment to which this subsection applies.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to claims filed under section 1450(i) of the Public Health
Service Act on or after the date of the enactment of this Act.
SEC. 308. STATE REVOLVING FUNDS.
Part E (42 U.S.C. 300j et seq.) is amended by adding the following
new section after section 1451:
``SEC. 1452. STATE REVOLVING FUNDS.
``(a) General Authority.--
``(1) Grants to states to establish revolving funds.--(A)
The Administrator shall enter into agreements with eligible
States to make capitalization grants, including letters of
credit, to the States under this subsection solely to further
the health protection objectives of this title, promote the
efficient use of fund resources, and for such other purposes as
are specified in this title.
``(B) To be eligible to receive a capitalization grant
under this section, a State shall establish a drinking water
treatment revolving loan fund and comply with the other
requirements of this section.
``(C) Such a grant to a State shall be deposited in the
drinking water treatment revolving fund established by the
State, except as otherwise provided in this section and in
other provisions of this title. No funds authorized by other
provisions of this title to be used for other purposes
specified in this title shall be deposited in any State
revolving fund.
``(D) Such a grant to a State shall be available to the
State for obligation during the fiscal year for which the funds
are authorized and during the following fiscal year, except
that grants made available from funds provided in Public Law
103-327, Public Law 103-124, and Public Law 104-134 shall be
available for obligation during each of the fiscal years 1997
and 1998.
``(E) Except as otherwise provided in this section, funds
made available to carry out this part shall be allotted to
States that have entered into an agreement pursuant to this
section in accordance with--
``(i) for each of fiscal years 1995 through 1997, a
formula that is the same as the formula used to
distribute public water system supervision grant funds
under section 1443 in fiscal year 1995, except that the
minimum proportionate share established in the formula
shall be 1 percent of available funds and the formula
shall be adjusted to include a minimum proportionate
share for the State of Wyoming; and
``(ii) for fiscal year 1998 and each subsequent
fiscal year, a formula that allocates to each State the
proportional share of the State needs identified in the
most recent survey conducted pursuant to section
1452(h), except that the minimum proportionate share
provided to each State shall be the same as the minimum
proportionate share provided under clause (i).
``(F) Such grants not obligated by the last day of the
period for which the grants are available shall be reallotted
according to the appropriate criteria set forth in subparagraph
(E).
``(G) The State allotment for a State not exercising
primary enforcement responsibility for public water systems
shall not be deposited in any such fund but shall be allotted
by the Administrator as follows: 20 percent of such allotment
shall be available to the Administrator as needed to exercise
primary enforcement responsibility under this title in such
State and the remainder shall be reallotted to States
exercising primary enforcement responsibility for public water
systems for deposit in such funds. Whenever the Administrator
makes a final determination pursuant to section 1413(b) that
the requirements of section 1413(a) are no longer being met by
a State, additional grants for such State under this title
shall be immediately terminated by the Administrator. This
subparagraph shall not apply to any State not exercising
primary enforcement responsibility for public water systems as
of the date of enactment of the Safe Drinking Water Act
Amendments of 1996.
``(H)(i) Beginning in fiscal year 1999, the Administrator
shall withhold 20 percent of each capitalization grant made
pursuant to this section to a State if the State has not met
the requirements of section 1419 (relating to capacity
development).
``(ii) The Administrator shall withhold 20 percent of each
capitalization grant made pursuant to this section if the State
has not met the requirements of subsection (f) of section 1442
(relating to operator certification).
``(iii) All funds withheld by the Administrator pursuant to
clause (i) shall be reallotted by the Administrator on the
basis of the same ratio as is applicable to funds allotted
under subparagraph (E). None of the funds reallotted by the
Administrator pursuant to this paragraph shall be allotted to a
State unless the State has met the requirements of section 1419
(relating to capacity development).
``(iv) All funds withheld by the Administrator pursuant to
clause (ii) shall be reallotted by the Administrator on the
basis of the same ratio as applicable to funds allotted under
subparagraph (E). None of the funds reallotted by the
Administrator pursuant to this paragraph shall be allotted to a
State unless the State has met the requirements of subsection
(f) of section 1442 (relating to operator certification).
``(2) Use of funds.--Except as otherwise authorized by this
title, amounts deposited in such revolving funds, including
loan repayments and interest earned on such amounts, shall be
used only for providing loans, loan guarantees, or as a source
of reserve and security for leveraged loans, the proceeds of
which are deposited in a State revolving fund established under
paragraph (1), or other financial assistance authorized under
this section to community water systems and nonprofit
noncommunity water systems, other than systems owned by Federal
agencies. Such financial assistance may be used by a public
water system only for expenditures (not including monitoring,
operation, and maintenance expenditures) 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 1412 or
otherwise significantly further the health protection
objectives of this title. Such funds may also be used to
provide loans to a system referred to in section 1401(4)(B) for
the purpose of providing the treatment described in section
1401(4)(B)(i)(III). Such funds shall not be used for the
acquisition of real property or interests therein, unless such
acquisition is integral to a project authorized by this
paragraph and the purchase is from a willing seller. Of the
amount credited to any revolving fund established under this
section in any fiscal year, 15 percent shall be available
solely for providing loan assistance to public water systems
which regularly serve fewer than 10,000 persons.
``(3) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), no assistance under this part shall
be provided to a public water system that--
``(i) does not have the technical,
managerial, and financial capability to ensure
compliance with the requirements of this title;
or
``(ii) is in significant noncompliance with
any requirement of a national primary drinking
water regulation or variance.
``(B) Restructuring.--A public water system
described in subparagraph (A) may receive assistance
under this part if--
``(i) the owner or operator of the system
agrees to undertake feasible and appropriate
changes in operations (including ownership,
management, accounting, rates, maintenance,
consolidation, alternative water supply, or
other procedures) if the State determines that
such measures are necessary to ensure that the
system has the technical, managerial, and
financial capability to comply with the
requirements of this title over the long term;
and
``(ii) the use of the assistance will
ensure compliance.
``(b) Intended Use Plans.--
``(1) In general.--After providing for public review and
comment, each State that has entered into a capitalization
agreement pursuant to this part shall annually prepare a plan
that identifies the intended uses of the amounts available to
the State loan fund of the State.
``(2) Contents.--An intended use plan shall include--
``(A) a list of the projects to be assisted in the
first fiscal year that begins after the date of the
plan, including a description of the project, the
expected terms of financial assistance, and the size of
the community served;
``(B) the criteria and methods established for the
distribution of funds; and
``(C) a description of the financial status of the
State loan fund and the short-term and long-term goals
of the State loan fund.
``(3) Use of funds.--
``(A) In general.--An intended use plan shall
provide, to the maximum extent practicable, that
priority for the use of funds be given to projects
that--
``(i) address the most serious risk to
human health;
``(ii) are necessary to ensure compliance
with the requirements of this title (including
requirements for filtration); and
``(iii) assist systems most in need on a
per household basis according to State
affordability criteria.
``(B) List of projects.--Each State shall, after
notice and opportunity for public comment, publish and
periodically update a list of projects in the State
that are eligible for assistance under this part,
including the priority assigned to each project and, to
the extent known, the expected funding schedule for
each project.
``(c) Fund Management.--Each State revolving fund under this
section 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.
``(d) Assistance for Disadvantaged Communities.--
``(1) Loan subsidy.--Notwithstanding any other provision of
this section, in any case in which the State makes a loan
pursuant to subsection (a)(2) to a disadvantaged community or
to a community that the State expects to become a disadvantaged
community as the result of a proposed project, the State may
provide additional subsidization (including forgiveness of
principal).
``(2) Total amount of subsidies.--For each fiscal year, the
total amount of loan subsidies made by a State pursuant to
paragraph (1) may not exceed 30 percent of the amount of the
capitalization grant received by the State for the year.
``(3) Definition of disadvantaged community.--In this
subsection, the term `disadvantaged community' means the
service area of a public water system that meets affordability
criteria established after public review and comment by the
State in which the public water system is located. The
Administrator may publish information to assist States in
establishing affordability criteria.
``(e) State Contribution.--Each agreement under subsection (a)
shall require that the State deposit in the State revolving fund from
State moneys an amount equal to at least 20 percent of the total amount
of the grant to be made to the State on or before the date on which the
grant payment is made to the State, except that a State shall not be
required to deposit such amount into the fund prior to the date on
which each grant payment is made for fiscal years 1994, 1995, 1996, and
1997 if such State deposits the State contribution amount into the
State fund prior to September 30, 1998.
``(f) Combined Financial Administration.--Notwithstanding
subsection (c), a State may (as a convenience and to avoid unnecessary
administrative costs) combine, in accordance with State law, the
financial administration of a revolving fund established under this
section with the financial administration of any other revolving fund
established by the State if otherwise not prohibited by the law under
which such revolving fund was established and if the Administrator
determines that--
``(1) the grants under this section, together with loan
repayments and interest, will be separately accounted for and
used solely for the purposes specified in this section; and
``(2) 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 section 1413.
``(g) Administration.--(1) Each State may annually use up to 4
percent of the funds allotted to the State under this section to cover
the reasonable costs of administration of the programs under this
section, including the recovery of reasonable costs expended to
establish such a fund which are incurred after the date of enactment of
this section, and to provide technical assistance to public water
systems within the State. For fiscal year 1995 and each fiscal year
thereafter, each State with primary enforcement responsibility for
public water systems within that State may use up to an additional 10
percent of the funds allotted to the State under this section--
``(A) for public water system supervision programs which
receive grants under section 1443(a);
``(B) to administer or provide technical assistance through
source water protection programs;
``(C) to develop and implement a capacity development
strategy under section 1419(c); and
``(D) for an operator certification program for purposes of
meeting the requirements of section 1442(f),
if the State matches such expenditures with at least an equal amount of
State funds. At least half of such match must be additional to the
amount expended by the State for public water supervision in fiscal
year 1993. An additional 1 percent of the funds annually allotted to
the State under this section shall be used by each State to provide
technical assistance to public water systems in such State. Funds
utilized under section 1452(g)(1)(B) shall not be used for enforcement
actions or for purposes which do not facilitate compliance with
national primary drinking water regulations or otherwise significantly
further the health protection objectives of this title.
``(2) The Administrator shall publish such guidance and promulgate
such regulations as may be necessary to carry out the provisions of
this section, including--
``(A) provisions to ensure that each State commits and
expends funds allotted to the State under this section as
efficiently as possible in accordance with this title and
applicable State laws,
``(B) guidance to prevent waste, fraud, and abuse, and
``(C) guidance to avoid the use of funds made available
under this section to finance the expansion of any public water
system in anticipation of future population growth.
Such guidance and regulations shall also insure that the States, and
public water systems receiving assistance under this section, use
accounting, audit, and fiscal procedures that conform to generally
accepted accounting standards.
``(3) 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
and the entire State allotment. The Administrator shall periodically
audit all revolving funds established by, and all other amounts
allotted to, the States pursuant to this subsection in accordance with
procedures established by the Comptroller General.
``(h) Needs Survey.--The Administrator shall conduct an assessment
of water system capital improvements needs of all eligible public water
systems in the United States and submit a report to the Congress
containing the results of such assessment within 180 days after the
date of the enactment of the Safe Drinking Water Act Amendments of 1996
and every 4 years thereafter.
``(i) Indian Tribes.--1\1/2\ percent of the amounts appropriated
annually to carry out this section may be used by the Administrator to
make grants to Indian Tribes and Alaskan Native Villages which are not
otherwise eligible to receive either grants from the Administrator
under this section or assistance from State revolving funds established
under this section. Such grants may only be used for expenditures by
such tribes and villages for public water system expenditures referred
to in subsection (a)(2).
``(j) Other Areas.--Of the funds annually available under this
section for grants to States, the Administrator shall make allotments
in accordance with section 1443(a)(4) for the District of Columbia, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, and the Republic of Palau. The grants allotted as
provided in this subsection may be provided by the Administrator to the
governments of such areas, to public water systems in such areas, or to
both, to be used for the public water system expenditures referred to
in subsection (a)(2). Such grants shall not be deposited in revolving
funds. The total allotment of grants under this section for all areas
described in this paragraph in any fiscal year shall not exceed 1
percent of the aggregate amount made available to carry out this
section in that fiscal year.
``(k) Set-Asides.--
``(1) In general.--Notwithstanding subsection (a)(2), a
State may take each of the following actions:
``(A) Provide assistance, only in the form of a
loan to one or both of the following:
``(i) Any public water system described in
subsection (a)(2) to acquire land or a
conservation easement from a willing seller or
grantor, if the purpose of the acquisition is
to protect the source water of the system from
contamination and to ensure compliance with
national primary drinking water regulations.
``(ii) Any community water system to
implement local, voluntary source water
protection measures to protect source water in
areas delineated pursuant to section 1428(l),
in order to facilitate compliance with national
primary drinking water regulations applicable
to such system under section 1412 or otherwise
significantly further the health protection
objectives of this title. Funds authorized
under this clause may be used to fund only
voluntary, incentive-based mechanisms.
``(B) Provide assistance, including technical and
financial assistance, to any public water system as
part of a capacity development strategy developed and
implemented in accordance with section 1419(c).
``(C) Make expenditures from the capitalization
grant of the State for fiscal years 1996 and 1997 to
delineate and assess source water protection areas in
accordance with section 1428(l), except that funds set
aside for such expenditure shall be obligated within 4
fiscal years.
``(D) Make expenditures from the fund for the
establishment and implementation of wellhead protection
programs under section 1428.
``(2) Limitation.--For each fiscal year, the total amount
of assistance provided and expenditures made by a State under
this subsection may not exceed 15 percent of the amount of the
capitalization grant received by the State for that year and
may not exceed 10 percent of that amount for any one of the
following activities:
``(A) To acquire land or conservation easements
pursuant to paragraph (1)(A)(i).
``(B) To provide funding to implement voluntary,
incentive-based source water quality protection
measures pursuant to paragraph (1)(A)(ii).
``(C) To provide assistance through a capacity
development strategy pursuant to paragraph (1)(B).
``(D) To make expenditures to delineate or assess
source water protection areas pursuant to paragraph
(1)(C).
``(E) To make expenditures to establish and
implement wellhead protection programs pursuant to
paragraph (1)(D).
``(3) Statutory construction.--Nothing in this section
creates or conveys any new authority to a State, political
subdivision of a State, or community water system for any new
regulatory measure, or limits any authority of a State,
political subdivision of a State or community water system.
``(l) Savings.--The failure or inability of any public water system
to receive funds under this section or any other loan or grant program,
or any delay in obtaining the funds, shall not alter the obligation of
the system to comply in a timely manner with all applicable drinking
water standards and requirements of this title.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the purposes of this section $599,000,000 for
the fiscal year 1994 and $1,000,000,000 for each of the fiscal years
1995 through 2003. Sums shall remain available until expended.
``(n) Health Effects Studies.--From funds appropriated pursuant to
this section for each fiscal year, the Administrator shall reserve
$10,000,000 for health effects studies on drinking water contaminants
authorized by the Safe Drinking Water Act Amendments of 1996. In
allocating funds made available under this subsection, the
Administrator shall give priority to studies concerning the health
effects of cryptosporidium, disinfection byproducts, and arsenic, and
the implementation of a plan for studies of subpopulations at greater
risk of adverse effects.
``(o) Demonstration Project for State of Virginia.--Notwithstanding
the other provisions of this subsection limiting the use of funds
deposited in a State revolving fund from any State allotment, the State
of Virginia may, as a single demonstration and with the approval of the
Virginia General Assembly and the Administrator, conduct a program to
demonstrate alternative approaches to intergovernmental coordination to
assist in the financing of new drinking water facilities in the
following rural communities in southwestern Virginia where none exists
on the date of the enactment of the Safe Drinking Water Act Amendments
of 1996 and where such communities are experiencing economic hardship:
Lee County, Wise County, Scott County, Dickenson County, Russell
County, Buchanan County, Tazewell County, and the city of Norton,
Virginia. The funds allotted to that State and deposited in the State
revolving fund may be loaned to a regional endowment fund for the
purpose set forth in this paragraph under a plan to be approved by the
Administrator. The plan may include an advisory group that includes
representatives of such counties.
``(p) Small System Technical Assistance.--The Administrator may
reserve up to 2 percent of the total funds appropriated pursuant to
subsection (m) for each of the fiscal years 1997 through 2003 to carry
out the provisions of section 1442(e), relating to technical assistance
for small systems.''.
SEC. 309. WATER CONSERVATION PLAN.
Part E is amended by adding at the end the following:
``SEC. 1453. WATER CONSERVATION PLAN.
``(a) Guidelines.--Not later than 2 years after the date of the
enactment of the Safe Drinking Water Act Amendments of 1996, the
Administrator shall publish in the Federal Register guidelines for
water conservation plans for public water systems serving fewer than
3,300 persons, public water systems serving between 3,300 and 10,000
persons, and public water systems serving more than 10,000 persons,
taking into consideration such factors as water availability and
climate.
``(b) SRF Loans or Grants.--Within 1 year after publication of the
guidelines under subsection (a), a State exercising primary enforcement
responsibility for public water systems may require a public water
system, as a condition of receiving a loan or grant from a State
revolving fund under section 1452, to submit with its application for
such loan or grant a water conservation plan consistent with such
guidelines.''.
TITLE IV--MISCELLANEOUS
SEC. 401. DEFINITIONS.
(a) Alternative Quality Control and Testing Procedures.--Section
1401(1)(D) (42 U.S.C. 300f(1)(D)) is amended by adding the following at
the end thereof: ``At any time after promulgation of a regulation
referred to in this paragraph, the Administrator may add equally
effective quality control and testing procedures by guidance published
in the Federal Register. Such procedures shall be treated as an
alternative for public water systems to the quality control and testing
procedures listed in the regulation.''.
(b) Public Water System.--
(1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is
amended--
(A) in the first sentence, by striking ``piped
water for human consumption'' and inserting ``water for
human consumption through pipes or other constructed
conveyances'';
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(C) by striking ``(4) The'' and inserting the
following:
``(4) Public water system.--
``(A) In general.--The''; and
(D) by adding at the end the following:
``(B) Connections.--
``(i) In general.--For purposes of
subparagraph (A), a connection to a system that
delivers water by a constructed conveyance
other than a pipe shall not be considered a
connection, if--
``(I) the water is used exclusively
for purposes other than residential
uses (consisting of drinking, bathing,
and cooking, or other similar uses);
``(II) the Administrator or the
State (in the case of a State
exercising primary enforcement
responsibility for public water
systems) determines that alternative
water to achieve the equivalent level
of public health protection provided by
the applicable national primary
drinking water regulation is provided
for residential or similar uses for
drinking, cooking, and bathing; or
``(III) the Administrator or the
State (in the case of a State
exercising primary enforcement
responsibility for public water
systems) determines that the water
provided for residential or similar
uses for drinking, cooking, and bathing
is centrally treated or treated at the
point of entry by the provider, a pass-
through entity, or the user to achieve
the equivalent level of protection
provided by the applicable national
primary drinking water regulations.
``(ii) Irrigation districts.--An irrigation
district in existence prior to May 18, 1994,
that provides primarily agricultural service
through a piped water system with only
incidental residential or similar use shall not
be considered to be a public water system if
the system or the residential or similar users
of the system comply with subclause (II) or
(III) of clause (i).
``(C) Transition period.--A water supplier that
would be a public water system only as a result of
modifications made to this paragraph by the Safe
Drinking Water Act Amendments of 1996 shall not be
considered a public water system for purposes of the
Act until the date that is two years after the date of
enactment of this subparagraph. If a water supplier
does not serve 15 service connections (as defined in
subparagraphs (A) and (B)) or 25 people at any time
after the conclusion of the two-year period, the water
supplier shall not be considered a public water
system.''.
(2) GAO Study.--The Comptroller General of the United
States shall undertake a study to--
(A) ascertain the numbers and locations of
individuals and households relying for their
residential water needs, including drinking, bathing,
and cooking (or other similar uses) on irrigation water
systems, mining water systems, industrial water systems
or other water systems covered by section 1401(4)(B) of
the Safe Drinking Water Act that are not public water
systems subject to the Safe Drinking Water Act;
(B) determine the sources and costs and
affordability (to users and systems) of water used by
such populations for their residential water needs; and
(C) review State and water system compliance with
the exclusion provisions of section 1401(4)(B) of such
Act.
The Comptroller General shall submit a report to the Congress
within 3 years after the enactment of this Act containing the
results of such study.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
(a) General.--Part A (42 U.S.C. 300f) is amended by adding the
following new section after section 1401:
``SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this title for the first 7
fiscal years following the enactment of the Safe Drinking Water Act
Amendments of 1996. With the exception of biomedical research, nothing
in this Act shall affect or modify any authorization for research and
development under this Act or any other provision of law.''.
(b) Critical Aquifer Protection.--Section 1427 (42 U.S.C. 300h-6)
is amended as follows:
(1) Subsection (b)(1) is amended by striking ``not later
than 24 months after the enactment of the Safe Drinking Water
Act Amendments of 1986''.
(2) The table in subsection (m) is amended by adding at the
end the following:
``1992-2003.......................................... 15,000,000.''.
(c) Wellhead Protection Areas.--The table in section 1428(k) (42
U.S.C. 300h-7(k)) is amended by adding at the end the following:
``1992-2003.......................................... 30,000,000.''.
(d) Underground Injection Control Grant.--The table in section
1443(b)(5) (42 U.S.C. 300j-2(b)(5)) is amended by adding at the end the
following:
``1992-2003.......................................... 15,000,000.''.
SEC. 403. NEW YORK CITY WATERSHED PROTECTION PROGRAM.
Section 1443 (42 U.S.C. 300j-2) is amended by adding at the end the
following:
``(d) New York City Watershed Protection Program.--
``(1) In general.--The Administrator is authorized to
provide financial assistance to the State of New York for
demonstration projects implemented as part of the watershed
program for the protection and enhancement of the quality of
source waters of the New York City water supply system,
including projects necessary to comply with the criteria for
avoiding filtration contained in 40 CFR 141.71. Demonstration
projects which shall be eligible for financial assistance shall
be certified to the Administrator by the State of New York as
satisfying the purposes of this subsection. In certifying
projects to the Administrator, the State of New York shall give
priority to monitoring projects that have undergone peer
review.
``(2) Report.--Not later than 5 years after the date on
which the Administrator first provides assistance pursuant to
this paragraph, the Governor of the State of New York shall
submit a report to the Administrator on the results of projects
assisted.
``(3) Matching requirements.--Federal assistance provided
under this subsection shall not exceed 35 percent of the total
cost of the protection program being carried out for any
particular watershed or ground water recharge area.
``(4) Authorization.--There are authorized to be
appropriated to the Administrator to carry out this subsection
for each of fiscal years 1997 through 2003 $8,000,000 for each
of such fiscal years for the purpose of providing assistance to
the State of New York to carry out paragraph (1).''.
SEC. 404. ESTROGENIC SUBSTANCES SCREENING PROGRAM.
Part F is amended by adding the following at the end thereof:
``SEC. 1466. ESTROGENIC SUBSTANCES SCREENING PROGRAM.
``(a) Development.--Not later than 2 years after the date of
enactment of this section, the Administrator shall develop a screening
program, using appropriate validated test systems and other
scientifically relevant information, to determine whether certain
substances may have an effect in humans that is similar to an effect
produced by a naturally occurring estrogen, or such other endocrine
effect as the Administrator may designate.
``(b) Implementation.--Not later than 3 years after the date of
enactment of this section, after obtaining public comment and review of
the screening program described in subsection (a) by the scientific
advisory panel established under section 25(d) of the Act of June 25,
1947 (chapter 125) or the Science Advisory Board established by section
8 of the Environmental Research, Development, and Demonstration Act of
1978 (42 U.S.C. 4365), the Administrator shall implement the program.
``(c) Substances.--In carrying out the screening program described
in subsection (a), the Administrator--
``(1) shall provide for the testing of all active and inert
ingredients used in products described in section 103(e) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603(e)) that may be found in
sources of drinking water, and
``(2) may provide for the testing of any other substance
that may be found in sources of drinking water if the
Administrator determines that a substantial population may be
exposed to such substance.
``(d) Exemption.--Notwithstanding subsection (c), the Administrator
may, by order, exempt from the requirements of this section a biologic
substance or other substance if the Administrator determines that the
substance is anticipated not to produce any effect in humans similar to
an effect produced by a naturally occurring estrogen.
``(e) Collection of Information.--
``(1) In general.--The Administrator shall issue an order
to a person that registers, manufactures, or imports a
substance for which testing is required under this subsection
to conduct testing in accordance with the screening program
described in subsection (a), and submit information obtained
from the testing to the Administrator, within a reasonable time
period that the Administrator determines is sufficient for the
generation of the information.
``(2) Procedures.--To the extent practicable the
Administrator shall minimize duplicative testing of the same
substance for the same endocrine effect, develop, as
appropriate, procedures for fair and equitable sharing of test
costs, and develop, as necessary, procedures for handling of
confidential business information.
``(3) Failure of registrants to submit information.--
``(A) Suspension.--If a person required to register
a substance referred to in subsection (c)(1) fails to
comply with an order under paragraph (1) of this
subsection, the Administrator shall issue a notice of
intent to suspend the sale or distribution of the
substance by the person. Any suspension proposed under
this paragraph shall become final at the end of the 30-
day period beginning on the date that the person
receives the notice of intent to suspend, unless during
that period a person adversely affected by the notice
requests a hearing or the Administrator determines that
the person referred to in paragraph (1) has complied
fully with this subsection.
``(B) Hearing.--If a person requests a hearing
under subparagraph (A), the hearing shall be conducted
in accordance with section 554 of title 5, United
States Code. The only matter for resolution at the
hearing shall be whether the person has failed to
comply with an order under paragraph (1) of this
subsection. A decision by the Administrator after
completion of a hearing shall be considered to be a
final agency action.
``(C) Termination of suspensions.--The
Administrator shall terminate a suspension under this
paragraph issued with respect to a person if the
Administrator determines that the person has complied
fully with this subsection.
``(4) Noncompliance by other persons.--Any person (other
than a person referred to in paragraph (3)) who fails to comply
with an order under paragraph (1) shall be liable for the same
penalties and sanctions as are provided under section 16 of the
Toxic Substances Control Act (15 U.S.C. 2601 and following) in
the case of a violation referred to in that section. Such
penalties and sanctions shall be assessed and imposed in the
same manner as provided in such section 16.
``(f) Agency Action.--In the case of any substance that is found,
as a result of testing and evaluation under this section, to have an
endocrine effect on humans, the Administrator shall, as appropriate,
take action under such statutory authority as is available to the
Administrator, including consideration under other sections of this
Act, as is necessary to ensure the protection of public health.
``(g) Report to Congress.--Not later than 4 years after the date of
enactment of this section, the Administrator shall prepare and submit
to Congress a report containing--
``(1) the findings of the Administrator resulting from the
screening program described in subsection (a);
``(2) recommendations for further testing needed to
evaluate the impact on human health of the substances tested
under the screening program; and
``(3) recommendations for any further actions (including
any action described in subsection (f)) that the Administrator
determines are appropriate based on the findings.
``(h) Savings Clause.--Nothing in this section shall be construed
to amend or modify the provisions of the Toxic Substances Control Act
or the Federal Insecticide, Fungicide, and Rodenticide Act.''.
SEC. 405. REPORTS ON PROGRAMS ADMINISTERED DIRECTLY BY ENVIRONMENTAL
PROTECTION AGENCY.
For States and Indian Tribes in which the Administrator of the
Environmental Protection Agency has revoked primary enforcement
responsibility under part B of title XIV of the Public Health Service
Act (which title is commonly known as the Safe Drinking Water Act) or
is otherwise administering such title, the Administrator shall provide
every 2 years, a report to Congress on the implementation by the
Administrator of all applicable requirements of that title in such
States.
SEC. 406. RETURN FLOWS.
Section 3013 of Public Law 102-486 (42 U.S.C. 13551) shall not
apply to drinking water supplied by a public water system regulated
under title XIV of the Public Health Service Act (the Safe Drinking
Water Act).
SEC. 407. EMERGENCY POWERS.
Section 1431(b) is amended by striking out ``$5,000'' and inserting
in lieu thereof ``$15,000''.
SEC. 408. WATERBORNE DISEASE OCCURRENCE STUDY.
(a) System.--The Director of the Centers for Disease Control and
Prevention, and the Administrator of the Environmental Protection
Agency, shall jointly establish--
(1) within 2 years after the date of enactment of this Act,
pilot waterborne disease occurrence studies for at least 5
major United States communities or public water systems; and
(2) within 5 years after the date of enactment of this Act,
a report on the findings of the pilot studies, and a national
estimate of waterborne disease occurrence.
(b) Training and Education.--The Director and Administrator shall
jointly establish a national health care provider training and public
education campaign to inform both the professional health care provider
community and the general public about waterborne disease and the
symptoms that may be caused by infectious agents, including microbial
contaminants. In developing such a campaign, they shall seek comment
from interested groups and individuals, including scientists,
physicians, State and local governments, environmental groups, public
water systems, and vulnerable populations.
(c) Funding.--There are authorized to be appropriated for each of
the fiscal years 1997 through 2001, $3,000,000 to carry out this
section. To the extent funds under this section are not fully
appropriated, the Administrator may use not more than $2,000,000 of the
funds from amounts reserved under section 1452(n) for health effects
studies for purposes of this section. The Administrator may transfer a
portion of such funds to the Centers for Disease Control and Prevention
for such purposes.
SEC. 409. DRINKING WATER STUDIES.
(a) Subpopulations at Greater Risk.--The Administrator of the
Environmental Protection Agency shall conduct a continuing program of
studies to identify groups within the general population that are at
greater risk than the general population of adverse health effects from
exposure to contaminants in drinking water. The study shall examine
whether and to what degree infants, children, pregnant women, the
elderly, individuals with a history of serious illness, or other
subpopulations that can be identified and characterized are likely to
experience elevated health risks, including risks of cancer, from
contaminants in drinking water.
(b) Biological Mechanisms.--The Administrator shall conduct studies
to--
(1) understand the biomedical mechanisms by which chemical
contaminants are absorbed, distributed, metabolized, and
eliminated from the human body, so as to develop more accurate
physiologically based models of the phenomena;
(2) understand the effects of contaminants and the
biomedical mechanisms by which the contaminants cause adverse
effects (especially noncancer and infectious effects) and the
variations in the effects among humans, especially
subpopulations at greater risk of adverse effects, and between
test animals and humans; and
(3) develop new approaches to the study of complex
mixtures, such as mixtures found in drinking water, especially
to determine the prospects for synergistic or antagonistic
interactions that may affect the shape of the dose-response
relationship of the individual chemicals and microbes, and to
examine noncancer endpoints and infectious diseases, and
susceptible individuals and subpopulations.
(c) Studies on Harmful Substances in Drinking Water.--
(1) Development of studies.--The Administrator shall, after
consultation with the Secretary of Health and Human Services,
the Secretary of Agriculture, and, as appropriate, the heads of
other Federal agencies, conduct the studies described in
paragraph (2) to support the development and implementation of
the most current version of each of the following:
(A) Enhanced surface water treatment rule (59 Fed.
Reg. 38832 (July 29, 1994)).
(B) Disinfectant and disinfection byproducts rule
(59 Fed. Reg. 38668 (July 29, 1994)).
(C) Ground water disinfection rule (availability of
draft summary announced at (57 Fed. Reg. 33960; July
31, 1992)).
(2) Contents of studies.--The studies required by paragraph
(1) shall include, at a minimum, each of the following:
(A) Toxicological studies and, if warranted,
epidemiological studies to determine what levels of
exposure from disinfectants and disinfection
byproducts, if any, may be associated with
developmental and birth defects and other potential
toxic end points.
(B) Toxicological studies and, if warranted,
epidemiological studies to quantify the carcinogenic
potential from exposure to disinfection byproducts
resulting from different disinfectants.
(C) The development of dose-response curves for
pathogens, including cryptosporidium and the Norwalk
virus.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $12,500,000 for
each of fiscal years 1997 through 2003.
SEC. 410. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
349) is amended as follows:
(1) By striking ``Whenever'' and inserting ``(a) Except as
provided in subsection (b), whenever''.
(2) By adding at the end thereof the following new
subsection:
``(b)(1) Not later than 180 days before the effective date of a
national primary drinking water regulation promulgated by the
Administrator of the Environmental Protection Agency for a contaminant
under section 1412 of the Public Health Service Act (42 U.S.C. 300g-1),
the Secretary shall promulgate a standard of quality regulation under
this subsection for that contaminant in bottled water or make a finding
that such a regulation is not necessary to protect the public health
because the contaminant is contained in water in public water systems
(as defined under section 1401(4) of such Act (42 U.S.C. 300f(4))) but
not in water used for bottled drinking water. The effective date for
any such standard of quality regulation shall be the same as the
effective date for such national primary drinking water regulation,
except for any standard of quality of regulation promulgated by the
Secretary before the date of enactment of the Safe Drinking Water Act
Amendments of 1996 for which (as of such date of enactment) an
effective date had not been established. In the case of a standard of
quality regulation to which such exception applies, the Secretary shall
promulgate monitoring requirements for the contaminants covered by the
regulation not later than 2 years after such date of enactment. Such
monitoring requirements shall become effective not later than 180 days
after the date on which the monitoring requirements are promulgated.
``(2) A regulation issued by the Secretary as provided in this
subsection shall include any monitoring requirements that the Secretary
determines appropriate for bottled water.
``(3) A regulation issued by the Secretary as provided in this
subsection shall require the following:
``(A) In the case of contaminants for which a maximum
contaminant level is established in a national primary drinking
water regulation under section 1412 of the Public Health
Service Act, the regulation under this subsection shall
establish a maximum contaminant level for the contaminant in
bottled water which is no less stringent than the maximum
contaminant level provided in the national primary drinking
water regulation.
``(B) In the case of contaminants for which a treatment
technique is established in a national primary drinking water
regulation under section 1412 of the Public Health Service Act,
the regulation under this subsection shall require that bottled
water be subject to requirements no less protective of the
public health than those applicable to water provided by public
water systems using the treatment technique required by the
national primary drinking water regulation.
``(4)(A) If the Secretary does not promulgate a regulation under
this subsection within the period described in paragraph (1), the
national primary drinking water regulation referred to in paragraph (1)
shall be considered, as of the date on which the Secretary is required
to establish a regulation under paragraph (1), as the regulation
applicable under this subsection to bottled water.
``(B) In the case of a national primary drinking water regulation
that pursuant to subparagraph (A) is considered to be a standard of
quality regulation, the Secretary shall, not later than the applicable
date referred to in such subparagraph, publish in the Federal Register
a notice--
``(i) specifying the contents of such regulation, including
monitoring requirements, and
``(ii) providing that for purposes of this paragraph the
effective date for such regulation is the same as the effective
date for the regulation for purposes of title XIV of the Public
Health Service Act (or, if the exception under paragraph (1)
applies to the regulation, that the effective date for the
regulation is not later than 2 years and 180 days after the
date of the enactment of the Safe Drinking Water Act Amendments
of 1996).''.
SEC. 411. CLERICAL AMENDMENTS.
(a) Part B.--Part B (42 U.S.C. 300g and following) is amended as
follows:
(1) In section 1412(b)(2)(C) by striking ``paragraph
(3)(a)'' and inserting ``paragraph (3)(A)''.
(2) In section 1412(b)(8) strike ``1442(g)'' and insert
``1442(e)''.
(3) In section 1415(a)(1)(A) by inserting ``the'' before
``time the variance is granted''.
(b) Part C.--Part C (42 U.S.C. 300h and following) is amended as
follows:
(1) In section 1421(b)(3)(B)(i) by striking ``number or
States'' and inserting ``number of States''.
(2) In section 1427(k) by striking ``this subsection'' and
inserting ``this section''.
(c) Part E.--Section 1441(f) (42 U.S.C. 300j(f)) is amended by
inserting a period at the end.
(d) Section 1465(b).--Section 1465(b) (42 U.S.C. 300j-25) is
amended by striking ``as by'' and inserting ``by''.
(e) Short Title.--Section 1 of Public Law 93-523 (88 Stat. 1600) is
amended by inserting ``of 1974'' after ``Act'' the second place it
appears and title XIV of the Public Health Service Act is amended by
inserting the following immediately before part A:
``SEC. 1400. SHORT TITLE AND TABLE OF CONTENTS.
``(a) Short Title.--This title may be cited as the `Safe Drinking
Water Act'.
``(b) Table of Contents.--
``TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS
``Sec. 1400. Short title and table of contents.
``Part A--Definitions
``Sec. 1401. Definitions.
``Sec. 1402. Authorization of appropriations.
``Part B--Public Water Systems
``Sec. 1411. Coverage.
``Sec. 1412. National drinking water regulations.
``Sec. 1413. State primary enforcement responsibility.
``Sec. 1414. Enforcement of drinking water regulations.
``Sec. 1415. Variances
``Sec. 1416. Exemptions.
``Sec. 1417. Prohibition on use of lead pipes, solder, and flux.
``Sec. 1418. Monitoring of contaminants.
``Sec. 1419. Capacity development.
``Part C--Protection of Underground Sources of Drinking Water
``Sec. 1421. Regulations for State programs.
``Sec. 1422. State primary enforcement responsibility.
``Sec. 1423. Enforcement of program.
``Sec. 1424. Interim regulation of underground injections.
``Sec. 1425. Optional demonstration by States relating to oil or
natural gas.
``Sec. 1426. Regulation of State programs.
``Sec. 1427. Sole source aquifer demonstration program.
``Sec. 1428. State programs to establish wellhead and source water
protection areas.
``Sec. 1429. Federal facilities.
``Part D--Emergency Powers
``Sec. 1431. Emergency powers.
``Sec. 1432. Tampering with public water systems.
``Part E--General Provisions
``Sec. 1441. Assurance of availability of adequate supplies of
chemicals necessary for treatment of water.
``Sec. 1442. Research, technical assistance, information, training of
personnel.
``Sec. 1443. Grants for State programs.
``Sec. 1444. Special study and demonstration project grants; guaranteed
loans.
``Sec. 1445. Records and inspections.
``Sec. 1446. National Drinking Water Advisory Council.
``Sec. 1447. Federal agencies.
``Sec. 1448. Judicial review.
``Sec. 1449. Citizen's civil action.
``Sec. 1450. General provisions.
``Sec. 1451. Indian tribes.
``Sec. 1452. State revolving funds.
``Sec. 1453. Water conservation plan.
``Part F--Additional Requirements To Regulate the Safety of Drinking
Water
``Sec. 1461. Definitions.
``Sec. 1462. Recall of drinking water coolers with lead-lined tanks.
``Sec. 1463. Drinking water coolers containing lead.
``Sec. 1464. Lead contamination in school drinking water.
``Sec. 1465. Federal assistance for State programs regarding lead
contamination in school drinking water.
``Sec. 1466. Estrogenic substances screening program.''.
TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS
SEC. 501. GENERAL PROGRAM.
(a) Technical and Financial Assistance.--The Administrator may
provide technical and financial assistance in the form of grants to
States (1) for the construction, rehabilitation, and improvement of
water supply systems, and (2) consistent with nonpoint source
management programs established under section 319 of the Federal Water
Pollution Control Act, for source water quality protection programs to
address pollutants in navigable waters for the purpose of making such
waters usable by water supply systems.
(b) Limitation.--Not more than 30 percent of the amounts
appropriated to carry out this section in a fiscal year may be used for
source water quality protection programs described in subsection
(a)(2).
(c) Condition.--As a condition to receiving assistance under this
section, a State shall ensure that such assistance is carried out in
the most cost-effective manner, as determined by the State.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 1996 through 2003. Such sums shall remain available until
expended.
SEC. 502. NEW YORK CITY WATERSHED, NEW YORK.
(a) In General.--The Administrator may provide technical and
financial assistance in the form of grants for a source water quality
protection program described in section 501 for the New York City
Watershed in the State of New York.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000 for each of fiscal
years 1996 through 2003. Such sums shall remain available until
expended.
SEC. 503. RURAL AND NATIVE VILLAGES, ALASKA.
(a) In General.--The Administrator may provide technical and
financial assistance in the form of grants to the State of Alaska for
the benefit of rural and Alaska Native villages for the development and
construction of water systems to improve conditions in such villages
and to provide technical assistance relating to construction and
operation of such systems.
(b) Consultation.--The Administrator shall consult the State of
Alaska on methods of prioritizing the allocation of grants made to such
State under this section.
(c) Administrative Expenses.--The State of Alaska may use not to
exceed 4 percent of the amount granted to such State under this section
for administrative expenses necessary to carry out the activities for
which the grant is made.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000. Such sums shall
remain available until expended.
SEC. 504. ACQUISITION OF LANDS.
Assistance provided with funds made available under this title may
be used for the acquisition of lands and other interests in lands;
however, nothing in this title authorizes the acquisition of lands or
other interests in lands from other than willing sellers.
SEC. 505. FEDERAL SHARE.
The Federal share of the cost of activities for which grants are
made under this title shall be 50 percent.
SEC. 506. CONDITION ON AUTHORIZATIONS OF APPROPRIATIONS.
An authorization of appropriations under this title shall be in
effect for a fiscal year only if at least 75 percent of the total
amount of funds authorized to be appropriated for such fiscal year by
section 308 are appropriated.
SEC. 507. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands.
(3) Water supply system.--The term ``water supply system''
means a system for the provision to the public of piped water
for human consumption if such system has at least 15 service
connections or regularly serves at least 25 individuals and a
draw and fill system for the provision to the public of water
for human consumption. Such term does not include a for-profit
system that has fewer than 15 service connections used by year-
round residents of the area served by the system or a for-
profit system that regularly serves fewer than 25 year-round
residents and does not include a system owned by a Federal
agency. Such term includes (A) any collection, treatment,
storage, and distribution facilities under control of the
operator of such system and used primarily in connection with
such system, and (B) any collection or pretreatment facilities
not under such control that are used primarily in connection
with such system.
TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION
SEC. 601. DRINKING WATER RESEARCH AUTHORIZATION.
There are authorized to be appropriated to the Administrator of the
Environmental Protection Agency, in addition to--
(1) amounts authorized for research under section
1412(b)(13) of the Safe Drinking Water Act (title XIV of the
Public Health Service Act);
(2) amounts authorized for research under section 409 of
the Safe Drinking Water Act Amendments of 1996; and
(3) $10,000,000 from funds appropriated pursuant to this
section 1452(n) of the Safe Drinking Water Act (title XIV of
the Public Health Service Act),
such sums as may be necessary for drinking water research for fiscal
years 1997 through 2003. The annual total of the sums referred to in
this section shall not exceed $26,593,000.
SEC. 602. SCIENTIFIC RESEARCH REVIEW.
(a) In general.--The Administrator shall assign to the Assistant
Administrator for Research and Development (in this section referred to
as the ``Assistant Administrator'') the duties of--
(1) developing a strategic plan for drinking water research
activities throughout the Environmental Protection Agency (in
this section referred to as the ``Agency'');
(2) integrating that strategic plan into ongoing Agency
planning activities; and
(3) reviewing all Agency drinking water research to ensure
the research--
(A) is of high quality; and
(B) does not duplicate any other research being
conducted by the Agency.
(b) Report.--The Assistant Administrator shall transmit annually to
the Administrator and to the Committees on Commerce and Science of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report detailing--
(1) all Agency drinking water research the Assistant
Administrator finds is not of sufficiently high quality; and
(2) all Agency drinking water research the Assistant
Administrator finds duplicates other Agency research.
Attest:
Clerk.