[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                S. 1316

_______________________________________________________________________

                                 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.

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

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

    (a) Short Title.--This Act may be cited as the ``Safe Drinking 
Water Act Amendments of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. State revolving loan funds.
Sec. 4. Selection of contaminants; schedule.
Sec. 5. Risk assessment, management, and communication.
Sec. 6. Standard-setting; review of standards.
Sec. 7. Arsenic.
Sec. 8. Radon.
Sec. 9. Sulfate.
Sec. 10. Filtration and disinfection.
Sec. 11. Effective date for regulations.
Sec. 12. Technology and treatment techniques; technology centers.
Sec. 13. Variances and exemptions.
Sec. 14. Small systems; technical assistance.
Sec. 15. Capacity development; finance centers.
Sec. 16. Operator and laboratory certification.
Sec. 17. Source water quality protection partnerships.
Sec. 18. State primacy; State funding.
Sec. 19. Monitoring and information gathering.
Sec. 20. Public notification.
Sec. 21. Enforcement; judicial review.
Sec. 22. Federal agencies.
Sec. 23. Research.
Sec. 24. Definitions.
Sec. 25. Watershed and ground water protection.
Sec. 26. Lead plumbing and pipes; return flows.
Sec. 27. Bottled water.
Sec. 28. Other amendments.
    (c) References to Title XIV of the Public Health Service Act.--
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title XIV of the Public 
Health Service Act (commonly known as the ``Safe Drinking Water Act'') 
(42 U.S.C. 300f et seq.).

SEC. 2. FINDINGS.

    Congress finds that--
            (1) safe drinking water is essential to the protection of 
        public health;
            (2) because the requirements of title XIV of the Public 
        Health Service Act (commonly known as the ``Safe Drinking Water 
        Act'') (42 U.S.C. 300f et seq.) now exceed the financial and 
        technical capacity of some public water systems, especially 
        many small public water systems, the Federal Government needs 
        to provide assistance to communities to help the communities 
        meet Federal drinking water requirements;
            (3) the Federal Government commits to take steps to foster 
        and maintain a genuine partnership with the States in the 
        administration and implementation of the Safe Drinking Water 
        Act;
            (4) States play a central role in the implementation of 
        safe drinking water programs, and States need increased 
        financial resources and appropriate flexibility to ensure the 
        prompt and effective development and implementation of drinking 
        water programs;
            (5) the existing process for the assessment and regulation 
        of additional drinking water contaminants needs to be revised 
        and improved to ensure that there is a sound scientific basis 
        for drinking water regulations and that the standards 
        established address the health risks posed by contaminants;
            (6) procedures for assessing the health effects of 
        contaminants and establishing drinking water standards should 
        be revised to provide greater opportunity for public education 
        and participation;
            (7) in setting priorities with respect to the health risks 
        from drinking water to be addressed and in selecting the 
        appropriate level of regulation for contaminants in drinking 
        water, risk assessment and benefit-cost analysis are important 
        and useful tools for improving the efficiency and effectiveness 
        of drinking water regulations to protect human health;
            (8) more effective protection of public health requires--
                    (A) a Federal commitment to set priorities that 
                will allow scarce Federal, State, and local resources 
                to be targeted toward the drinking water problems of 
greatest public health concern; and
                    (B) maximizing the value of the different and 
                complementary strengths and responsibilities of the 
                Federal and State governments in those States that have 
                primary enforcement responsibility for the Safe 
                Drinking Water Act; and
            (9) compliance with the requirements of the Safe Drinking 
        Water Act continues to be a concern at public water systems 
        experiencing technical and financial limitations, and Federal, 
        State, and local governments need more resources and more 
        effective authority to attain the objectives of the Safe 
        Drinking Water Act.

SEC. 3. STATE REVOLVING LOAN FUNDS.

    The title (42 U.S.C. 300f et seq.) is amended by adding at the end 
the following:

                  ``PART G--STATE REVOLVING LOAN FUNDS

                          ``general authority

    ``Sec. 1471. (a) Capitalization Grant Agreements.--The 
Administrator shall offer to enter into an agreement with each State to 
make capitalization grants to the State pursuant to section 1472 
(referred to in this part as `capitalization grants') to establish a 
drinking water treatment State revolving loan fund (referred to in this 
part as a `State loan fund').
    ``(b) Requirements of Agreements.--An agreement entered into 
pursuant to this section shall establish, to the satisfaction of the 
Administrator, that--
            ``(1) the State has established a State loan fund that 
        complies with the requirements of this part;
            ``(2) the State loan fund will be administered by an 
        instrumentality of the State that has the powers and 
        authorities that are required to operate the State loan fund in 
        accordance with this part;
            ``(3) the State will deposit the capitalization grants into 
        the State loan fund;
            ``(4) the State will deposit all loan repayments received, 
        and interest earned on the amounts deposited into the State 
        loan fund under this part, into the State loan fund;
            ``(5) the State will deposit into the State loan fund an 
        amount equal to at least 20 percent of the total amount of each 
        payment to be made to the State on or before the date on which 
        the payment is made to the State, except as provided in 
        subsection (c)(4);
            ``(6) the State will use funds in the State loan fund in 
        accordance with an intended use plan prepared pursuant to 
        section 1474(b);
            ``(7) the State and loan recipients that receive funds that 
        the State makes available from the State loan fund will use 
        accounting procedures that conform to generally accepted 
        accounting principles, auditing procedures that conform to 
        chapter 75 of title 31, United States Code (commonly known as 
        the `Single Audit Act of 1984'), and such fiscal procedures as 
        the Administrator may prescribe; and
            ``(8) the State has adopted policies and procedures to 
        ensure that loan recipients are reasonably likely to be able to 
        repay a loan.
    ``(c) Administration of State Loan Funds.--
            ``(1) In general.--The authority to establish assistance 
        priorities for financial assistance provided with amounts 
        deposited into the State loan fund shall reside in the State 
        agency that has primary responsibility for the administration 
        of the State program under section 1413, after consultation 
        with other appropriate State agencies (as determined by the 
        State): Provided further, That in nonprimacy States, the 
        Governor shall determine which State agency will have the 
        authority to establish assistance priorities for financial 
        assistance provided with amounts deposited into the State loan 
        fund.
            ``(2) Financial administration.--A State may combine the 
        financial administration of the State loan fund pursuant to 
        this part with the financial administration of a State water 
        pollution control revolving fund established by the State 
        pursuant to title VI of the Federal Water Pollution Control Act 
        (33 U.S.C. 1381 et seq.), or other State revolving funds 
        providing financing for similar purposes, if the Administrator 
        determines that the grants to be provided to the State under 
        this part, and the loan repayments and interest deposited into 
        the State loan fund pursuant to this part, will be separately 
        accounted for and used solely for the purposes of and in 
        compliance with the requirements of this part.
            ``(3) Transfer of funds.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a Governor of a State may--
                            ``(i) reserve up to 50 percent of a 
                        capitalization grant made pursuant to section 
                        1472 and add the funds reserved to any funds 
                        provided to the State pursuant to section 601 
                        of the Federal Water Pollution Control Act (33 
                        U.S.C. 1381); and
                            ``(ii) reserve in any year a dollar amount 
                        up to the dollar amount that may be reserved 
                        under clause (i) for that year from 
                        capitalization grants made pursuant to section 
                        601 of such Act (33 U.S.C. 1381) and add the 
                        reserved funds to any funds provided to the 
                        State pursuant to section 1472.
                    ``(B) State match.--Funds reserved pursuant to this 
                paragraph shall not be considered to be a State match 
                of a capitalization grant required pursuant to this 
                title or the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.).
            ``(4) Extended period.--Notwithstanding subsection (b)(5), 
        a State shall not be required to deposit a State matching 
        amount into the fund prior to the date on which each payment is 
        made for payments from funds appropriated for fiscal years 
        1994, 1995, and 1996, if the matching amounts for the payments 
        are deposited into the State fund prior to September 30, 1998.

                        ``capitalization grants

    ``Sec. 1472. (a) General Authority.--The Administrator may make 
grants to capitalize State loan funds to a State that has entered into 
an agreement pursuant to section 1471.
    ``(b) Formula for Allotment of Funds.--
            ``(1) In general.--Subject to subsection (c) and paragraph 
        (2), funds made available to carry out this part shall be 
        allotted to States that have entered into an agreement pursuant 
        to section 1471 in accordance with--
                    ``(A) 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
                    ``(B) 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 
                1475(c), except that the minimum proportionate share 
                provided to each State shall be the same as the minimum 
                proportionate share provided under subparagraph (A).
            ``(2) Other jurisdictions.--The formula established 
        pursuant to paragraph (1) shall reserve 0.5 percent of the 
        amounts made available to carry out this part for a fiscal year 
        for providing direct grants to the jurisdictions, other than 
        Indian Tribes, referred to in subsection (f).
    ``(c) Reservation of Funds for Indian Tribes.--
            ``(1) In general.--For each fiscal year, prior to the 
        allotment of funds made available to carry out this part, the 
        Administrator shall reserve 1.5 percent of the funds for 
        providing financial assistance to Indian Tribes pursuant to 
        subsection (f).
            ``(2) Use of funds.--Funds reserved pursuant to paragraph 
        (1) shall be used to address the most significant threats to 
        public health associated with public water systems that serve 
        Indian Tribes, as determined by the Administrator in 
        consultation with the Director of the Indian Health Service and 
        Indian Tribes.
            ``(3) Needs assessment.--The Administrator, in consultation 
        with the Director of the Indian Health Service and Indian 
        Tribes, shall, in accordance with a schedule that is consistent 
        with the needs surveys conducted pursuant to section 1475(c), 
        prepare surveys and assess the needs of drinking water 
        treatment facilities to serve Indian Tribes, including an 
        evaluation of the public water systems that pose the most 
        significant threats to public health.
    ``(d) Technical Assistance for Small Systems.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Small system.--The term `small system' means 
                a public water system that serves a population of 
                10,000 or fewer.
                    ``(B) Technical assistance.--The term `technical 
                assistance' means assistance provided by a State to a 
                small system, including assistance to potential loan 
                recipients and assistance for planning and design, 
                development and implementation of a source water 
                quality protection partnership program, alternative 
                supplies of drinking water, restructuring or 
                consolidation of a small system, and treatment to 
                comply with a national primary drinking water 
                regulation.
            ``(2) Reservation of funds.--To provide technical 
        assistance pursuant to this subsection, each State may reserve 
        from capitalization grants received in any year an amount that 
        does not exceed the greater of--
                    ``(A) an amount equal to 2 percent of the amount of 
                the capitalization grants received by the State 
                pursuant to this section; or
                    ``(B) $300,000.
    ``(e) Allotment Period.--
            ``(1) Period of availability for financial assistance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the sums allotted to a State pursuant 
                to subsection (b) for a fiscal year shall be available 
                to the State for obligation during the fiscal year for 
which the sums are authorized and during the following fiscal year.
                    ``(B) Funds made available for fiscal years 1995 
                and 1996.--The sums allotted to a State pursuant to 
                subsection (b) from funds that are made available by 
                appropriations for each of fiscal years 1995 and 1996 
                shall be available to the State for obligation during 
                each of fiscal years 1995 through 1998.
            ``(2) Reallotment of unobligated funds.--Prior to 
        obligating new allotments made available to the State pursuant 
        to subsection (b), each State shall obligate funds accumulated 
        before a date that is 1 year prior to the date of the 
        obligation of a new allotment from loan repayments and interest 
        earned on amounts deposited into a State loan fund. The amount 
        of any allotment that is not obligated by a State by the last 
        day of the period of availability established by paragraph (1) 
        shall be immediately reallotted by the Administrator on the 
        basis of the same ratio as is applicable to sums allotted under 
        subsection (b), except that the Administrator may reserve and 
        allocate 10 percent of the remaining amount for financial 
        assistance to Indian Tribes in addition to the amount allotted 
        under subsection (c). None of the funds reallotted by the 
        Administrator shall be reallotted to any State that has not 
        obligated all sums allotted to the State pursuant to this 
        section during the period in which the sums were available for 
        obligation.
            ``(3) Allotment of withheld funds.--All funds withheld by 
        the Administrator pursuant to subsection (g) and section 
        1442(e)(3) shall be allotted by the Administrator on the basis 
        of the same ratio as is applicable to funds allotted under 
        subsection (b). None of the funds allotted by the Administrator 
        pursuant to this paragraph shall be allotted to a State unless 
        the State has met the requirements of section 1418(a).
    ``(f) Direct Grants.--
            ``(1) In general.--The Administrator is authorized to make 
        grants for the improvement of public water systems of Indian 
        Tribes, the District of Columbia, the United States Virgin 
        Islands, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, and Guam and, if funds are appropriated to 
        carry out this part for fiscal year 1995, the Republic of 
        Palau.
            ``(2) Alaska native villages.--In the case of a grant for a 
        project under this subsection in an Alaska Native village, the 
        Administrator is also authorized to make grants to the State of 
        Alaska for the benefit of Native villages. An amount not to 
        exceed 4 percent of the grant amount may be used by the State 
        of Alaska for project management.
    ``(g) New System Capacity.--Beginning in fiscal year 1999, the 
Administrator shall withhold the percentage prescribed in the following 
sentence of each capitalization grant made pursuant to this section to 
a State unless the State has met the requirements of section 1418(a). 
The percentage withheld shall be 5 percent for fiscal year 1999, 10 
percent for fiscal year 2000, and 15 percent for each subsequent fiscal 
year.

                         ``eligible assistance

    ``Sec. 1473. (a) In General.--The amounts deposited into a State 
loan fund, including any amounts equal to the amounts of loan 
repayments and interest earned on the amounts deposited, may be used by 
the State to carry out projects that are consistent with this section.
    ``(b) Projects Eligible for Assistance.--
            ``(1) In general.--The amounts deposited into a State loan 
        fund shall be used only for providing financial assistance for 
        capital expenditures and associated costs (but excluding the 
        cost of land acquisition unless the cost is incurred to acquire 
        land for the construction of a treatment facility or for a 
        consolidation project) for--
                    ``(A) a project that will facilitate compliance 
                with national primary drinking water regulations 
                promulgated pursuant to section 1412;
                    ``(B) a project that will facilitate the 
                consolidation of public water systems or the use of an 
                alternative source of water supply;
                    ``(C) a project that will upgrade a drinking water 
                treatment system; and
                    ``(D) the development of a public water system to 
                replace private drinking water supplies if the private 
                water supplies pose a significant threat to human 
                health.
            ``(2) Operator training.--Associated costs eligible for 
        assistance under this part include the costs of training and 
        certifying the persons who will operate facilities that receive 
        assistance pursuant to paragraph (1).
            ``(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; 
                        and
                            ``(ii) has a history of--
                                    ``(I) past violations of any 
                                maximum contaminant level or treatment 
                                technique established by a regulation 
                                or a variance; or
                                    ``(II) significant noncompliance 
                                with monitoring requirements or any 
                                other 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.
    ``(c) Eligible Public Water Systems.--A State loan fund, or the 
Administrator in the case of direct grants under section 1472(f), may 
provide financial assistance only to community water systems, publicly 
owned water systems (other than systems owned by Federal agencies), and 
nonprofit noncommunity water systems.
    ``(d) Types of Assistance.--Except as otherwise limited by State 
law, the amounts deposited into a State loan fund under this section 
may be used only--
            ``(1) to make loans, on the condition that--
                    ``(A) the interest rate for each loan is less than 
                or equal to the market interest rate, including an 
                interest free loan;
                    ``(B) principal and interest payments on each loan 
                will commence not later than 1 year after completion of 
                the project for which the loan was made, and each loan 
                will be fully amortized not later than 20 years after 
                the completion of the project, except that in the case 
                of a disadvantaged community (as defined in subsection 
                (e)(1)), a State may provide an extended term for a 
                loan, if the extended term--
                            ``(i) terminates not later than the date 
                        that is 30 years after the date of project 
                        completion; and
                            ``(ii) does not exceed the expected design 
                        life of the project;
                    ``(C) the recipient of each loan will establish a 
                dedicated source of revenue (or, in the case of a 
                privately-owned system, demonstrate that there is 
                adequate security) for the repayment of the loan; and
                    ``(D) the State loan fund will be credited with all 
                payments of principal and interest on each loan;
            ``(2) to buy or refinance the debt obligation of a 
        municipality or an intermunicipal or interstate agency within 
        the State at an interest rate that is less than or equal to the 
        market interest rate in any case in which a debt obligation is 
        incurred after October 14, 1993, or to refinance a debt 
        obligation for a project constructed to comply with a 
        regulation established pursuant to an amendment to this title 
        made by the Safe Drinking Water Act Amendments of 1986 (Public 
        Law 99-339; 100 Stat. 642);
            ``(3) to guarantee, or purchase insurance for, a local 
        obligation (all of the proceeds of which finance a project 
        eligible for assistance under subsection (b)) if the guarantee 
        or purchase would improve credit market access or reduce the 
        interest rate applicable to the obligation;
            ``(4) as a source of revenue or security for the payment of 
        principal and interest on revenue or general obligation bonds 
        issued by the State if the proceeds of the sale of the bonds 
        will be deposited into the State loan fund; and
            ``(5) to earn interest on the amounts deposited into the 
        State loan fund.
    ``(e) Assistance for Disadvantaged Communities.--
            ``(1) 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.
            ``(2) Loan subsidy.--Notwithstanding subsection (d), in any 
        case in which the State makes a loan pursuant to subsection (d) 
        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).
            ``(3) Total amount of subsidies.--For each fiscal year, the 
        total amount of loan subsidies made by a State pursuant to 
        paragraph (2) may not exceed 30 percent of the amount of the 
        capitalization grant received by the State for the year.
    ``(f) Source Water Quality Protection and Capacity Development.--
            ``(1) In general.--Notwithstanding subsection (b)(1), a 
        State may--
                    ``(A) provide assistance, only in the form of a 
                loan, to--
                            ``(i) any public water system described in 
                        subsection (c) 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; or
                            ``(ii) any community water system described 
                        in subsection (c) to provide funding in 
                        accordance with section 1419(d)(1)(C)(i);
                    ``(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 1418(c); and
                    ``(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 1419, except that funds set 
                aside for such expenditure shall be obligated within 4 
                fiscal years.
            ``(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 
                recommendations of source water quality protection 
                partnerships 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).

                    ``state loan fund administration

    ``Sec. 1474. (a) Administration, Technical Assistance, and 
Management.--
            ``(1) Administration.--Each State that has a State loan 
        fund is authorized to expend from the annual capitalization 
        grant of the State a reasonable amount, not to exceed 4 percent 
        of the capitalization grant made to the State, for the costs of 
        the administration of the State loan fund.
            ``(2) State program management assistance.--
                    ``(A) In general.--Each State that has a loan fund 
                is authorized to expend from the annual capitalization 
                grant of the State an amount, determined pursuant to 
                this paragraph, to carry out the public water system 
                supervision program under section 1443(a) and to--
                            ``(i) administer, or provide technical 
                        assistance through, source water quality 
                        protection programs, including a partnership 
                        program under section 1419; and
                            ``(ii) develop and implement a capacity 
                        development strategy under section 1418(c) in 
                        the State.
                    ``(B) Limitation.--Amounts expended by a State 
                pursuant to this paragraph for any fiscal year may not 
                exceed an amount that is equal to the amount of the 
                grant funds available to the State for that fiscal year 
                under section 1443(a).
                    ``(C) State funds.--For any fiscal year, funds may 
                not be expended pursuant to this paragraph unless the 
                Administrator determines that the amount of State funds 
                made available to carry out the public water system 
                supervision program under section 1443(a) for the 
                fiscal year is not less than the amount of State funds 
                made available to carry out the program for fiscal year 
                1993.
    ``(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.

                      ``state loan fund management

    ``Sec. 1475. (a) In General.--Not later than 1 year after the date 
of enactment of this part, and annually thereafter, the Administrator 
shall conduct such reviews and audits as the Administrator considers 
appropriate, or require each State to have the reviews and audits 
independently conducted, in accordance with the single audit 
requirements of chapter 75 of title 31, United States Code.
    ``(b) State Reports.--Not later than 2 years after the date of 
enactment of this part, and every 2 years thereafter, each State that 
administers a State loan fund shall publish and submit to the 
Administrator a report on the activities of the State under this part, 
including the findings of the most recent audit of the State loan fund.
    ``(c) Drinking Water Needs Survey and Assessment.--Not later than 1 
year after the date of enactment of this part, and every 4 years 
thereafter, the Administrator shall submit to Congress a survey and 
assessment of the needs for facilities in each State eligible for 
assistance under this part (including, in the case of the State of 
Alaska, the needs of Native villages (as defined in section 3(c) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602 (c))). The survey 
and assessment conducted pursuant to this subsection shall--
            ``(1) identify, by State, the needs for projects or 
        facilities owned or controlled by community water systems 
        eligible for assistance under this part on the date of the 
        assessment (other than refinancing for a project pursuant to 
        section 1473(d)(2));
            ``(2) estimate the needs for eligible facilities over the 
        20-year period following the date of the assessment;
            ``(3) identify, by size category, the population served by 
        public water systems with needs identified pursuant to 
        paragraph (1); and
            ``(4) include such other information as the Administrator 
        determines to be appropriate.
    ``(d) Evaluation.--The Administrator shall conduct an evaluation of 
the effectiveness of the State loan funds through fiscal year 1999. The 
evaluation shall be submitted to Congress at the same time as the 
President submits to Congress, pursuant to section 1108 of title 31, 
United States Code, an appropriations request for fiscal year 2001 
relating to the budget of the Environmental Protection Agency.

                             ``enforcement

    ``Sec. 1476. The failure or inability of any public water system to 
receive funds under this part 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.

                       ``regulations and guidance

    ``Sec. 1477. The Administrator shall publish such guidance and 
promulgate such regulations as are necessary to carry out this part, 
including guidance and regulations to ensure that--
            ``(1) each State commits and expends funds from the State 
        loan fund in accordance with the requirements of this part and 
        applicable Federal and State laws; and
            ``(2) the States and eligible public water systems that 
        receive funds under this part use accounting procedures that 
        conform to generally accepted accounting principles, auditing 
        procedures that conform to chapter 75 of title 31, United 
        States Code (commonly known as the `Single Audit Act of 1984'), 
        and such fiscal procedures as the Administrator may prescribe.

                   ``authorization of appropriations

    ``Sec. 1478. (a) General Authorization.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
part $600,000,000 for fiscal year 1994 and $1,000,000,000 for each of 
fiscal years 1995 through 2003.
    ``(b) Health Effects Research.--From funds appropriated pursuant to 
this section for each fiscal year, the Administrator shall reserve 
$10,000,000 for health effects research on drinking water contaminants 
authorized by section 1442. In allocating funds made available under 
this subsection, the Administrator shall give priority to research 
concerning the health effects of cryptosporidium, disinfection 
byproducts, and arsenic, and the implementation of a research plan for 
subpopulations at greater risk of adverse effects pursuant to section 
1442(l).
    ``(c) Monitoring for Unregulated Contaminants.--From funds 
appropriated pursuant to this section for each fiscal year beginning 
with fiscal year 1997, the Administrator shall reserve $2,000,000 to 
pay the costs of monitoring for unregulated contaminants under section 
1445(a)(2)(D).
    ``(d) Small System Technical Assistance.--
            ``(1) In general.--Subject to paragraph (2), from funds 
        appropriated pursuant to this section for each fiscal year for 
        which the appropriation made pursuant to subsection (a) exceeds 
        $800,000,000, the Administrator shall reserve to carry out 
        section 1442(g) an amount that is equal to any amount by which 
        the amount made available to carry out section 1442(g) is less 
        than the amount referred to in the third sentence of section 
        1442(g).
            ``(2) Maximum amount.--For each fiscal year, the amount 
        reserved under paragraph (1) shall be not greater than an 
        amount equal to the lesser of--
                    ``(A) 2 percent of the funds appropriated pursuant 
                to this section for the fiscal year; or
                    ``(B) $10,000,000.''.

SEC. 4. SELECTION OF CONTAMINANTS; SCHEDULE.

    (a) Standards.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by 
striking ``(b)(1)'' and all that follows through the end of paragraph 
(3) and inserting the following:
    ``(b) Standards.--
            ``(1) Identification of contaminants for listing.--
                    ``(A) General authority.--The Administrator shall 
                publish a maximum contaminant level goal and promulgate 
                a national primary drinking water regulation for each 
                contaminant (other than a contaminant referred to in 
                paragraph (2) for which a national primary drinking 
                water regulation has been promulgated as of the date of 
                enactment of the Safe Drinking Water Act Amendments of 
                1995) if the Administrator determines, based on 
                adequate data and appropriate peer-reviewed scientific 
                information and an assessment of health risks, 
                conducted in accordance with sound and objective 
                scientific practices, that--
                            ``(i) the contaminant may have an adverse 
                        effect on the health of persons; and
                            ``(ii) the contaminant is known to occur or 
                        there is a substantial likelihood that the 
                        contaminant will occur in public water systems 
                        with a frequency and at levels of public health 
                        concern.
                    ``(B) Selection and listing of contaminants for 
                consideration.--
                            ``(i) In general.--Not later than July 1, 
                        1997, the Administrator (after consultation 
                        with the Secretary of Health and Human 
                        Services) shall publish and periodically, but 
                        not less often than every 5 years, update a 
                        list of contaminants that are known or 
                        anticipated to occur in drinking water provided 
                        by public water systems and that may warrant 
                        regulation under this title.
                            ``(ii) Research and study plan.--At such 
                        time as a list is published under clause (i), 
                        the Administrator shall describe available and 
                        needed information and research with respect 
                        to--
                                    ``(I) the health effects of the 
                                contaminants;
                                    ``(II) the occurrence of the 
                                contaminants in drinking water; and
                                    ``(III) treatment techniques and 
                                other means that may be feasible to 
                                control the contaminants.
                            ``(iii) Comment.--The Administrator shall 
                        seek comment on each list and any research plan 
                        that is published from officials of State and 
                        local governments, operators of public water 
                        systems, the scientific community, and the 
                        general public.
                    ``(C) Determination.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than July 1, 2001, and 
every 5 years thereafter, the Administrator shall take one of the 
following actions for not fewer than 5 contaminants:
                                    ``(I) Publish a determination that 
                                information available to the 
                                Administrator does not warrant the 
                                issuance of a national primary drinking 
                                water regulation.
                                    ``(II) Publish a determination that 
                                a national primary drinking water 
                                regulation is warranted based on 
                                information available to the 
                                Administrator, and proceed to propose a 
                                maximum contaminant level goal and 
                                national primary drinking water 
                                regulation not later than 2 years after 
                                the date of publication of the 
                                determination.
                                    ``(III) Propose a maximum 
                                contaminant level goal and national 
                                primary drinking water regulation.
                            ``(ii) Insufficient information.--If the 
                        Administrator determines that available 
                        information is insufficient to make a 
                        determination for a contaminant under clause 
                        (i), the Administrator may publish a 
                        determination to continue to study the 
                        contaminant. Not later than 5 years after the 
                        Administrator determines that further study is 
                        necessary for a contaminant pursuant to this 
                        clause, the Administrator shall make a 
determination under clause (i).
                            ``(iii) Assessment.--The determinations 
                        under clause (i) shall be based on an 
                        assessment of--
                                    ``(I) the available scientific 
                                knowledge that is consistent with the 
                                requirements of paragraph (3)(A) and 
                                useful in determining the nature and 
                                extent of adverse effects on the health 
                                of persons that may occur due to the 
                                presence of the contaminant in drinking 
                                water;
                                    ``(II) information on the 
                                occurrence of the contaminant in 
                                drinking water; and
                                    ``(III) the treatment technologies, 
                                treatment techniques, or other means 
                                that may be feasible in reducing the 
                                contaminant in drinking water provided 
                                by public water systems.
                            ``(iv) Priorities.--In making 
                        determinations under this subparagraph, the 
                        Administrator shall give priority to those 
                        contaminants not currently regulated that are 
                        associated with the most serious adverse health 
                        effects and that present the greatest potential 
                        risk to the health of persons due to the 
                        presence of the contaminant in drinking water 
                        provided by public water systems.
                            ``(v) Review.--Each document setting forth 
                        the determination for a contaminant under 
                        clause (i) shall be available for public 
                        comment at such time as the determination is 
                        published.
                            ``(vi) Judicial review.--Determinations 
                        made by the Administrator pursuant to clause 
                        (i)(I) shall be considered final agency actions 
                        for the purposes of section 1448. No 
                        determination under clause (i)(I) shall be set 
                        aside by a court pursuant to a review 
                        authorized under that section, unless the court 
                        finds that the determination is arbitrary and 
                        capricious.
                    ``(D) Urgent threats to public health.--The 
                Administrator may promulgate an interim national 
                primary drinking water regulation for a contaminant 
                without listing the contaminant under subparagraph (B) 
                or publishing a determination for the contaminant under 
                subparagraph (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 subparagraph (C) subject 
                to an interim regulation under this subparagraph shall 
                be issued 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.
                    ``(E) Monitoring data and other information.--The 
                Administrator may require, in accordance with section 
1445(a)(2), the submission of monitoring data and other information 
necessary for the development of studies, research plans, or national 
primary drinking water regulations.
            ``(2) Schedules and deadlines.--
                    ``(A) In general.--In the case of the contaminants 
                listed in the Advance Notice of Proposed Rulemaking 
                published in volume 47, Federal Register, page 9352, 
                and in volume 48, Federal Register, page 45502, the 
                Administrator shall publish maximum contaminant level 
                goals and promulgate national primary drinking water 
                regulations--
                            ``(i) not later than 1 year after June 19, 
                        1986, for not fewer than 9 of the listed 
                        contaminants;
                            ``(ii) not later than 2 years after June 
                        19, 1986, for not fewer than 40 of the listed 
                        contaminants; and
                            ``(iii) not later than 3 years after June 
                        19, 1986, for the remainder of the listed 
                        contaminants.
                    ``(B) Substitution of contaminants.--If the 
                Administrator identifies a drinking water contaminant 
                the regulation of which, in the judgment of the 
                Administrator, is more likely to be protective of 
                public health (taking into account the schedule for 
                regulation under subparagraph (A)) than a contaminant 
                referred to in subparagraph (A), the Administrator may 
                publish a maximum contaminant level goal and promulgate 
                a national primary drinking water regulation for the 
                identified contaminant in lieu of regulating the 
                contaminant referred to in subparagraph (A). 
                Substitutions may be made for not more than 7 
                contaminants referred to in subparagraph (A). 
                Regulation of a contaminant identified under this 
                subparagraph shall be in accordance with the schedule 
                applicable to the contaminant for which the 
                substitution is made.
                    ``(C) Disinfectants and disinfection byproducts.--
                            ``(i) Information collection rule.--
                                    ``(I) In general.--Not later than 
                                December 31, 1995, 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.
                                    ``(II) Extension.--The 
                                Administrator may extend the deadline 
                                under subclause (I) 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 
                        subject to agreement by all the parties to the 
                        negotiated rulemaking, but no later than a 
                        revised date that reflects the interval or 
                        intervals for the rules in the timetable.
                    ``(D) Prior requirements.--The requirements of 
                subparagraphs (C) and (D) of section 1412(b)(3) (as in 
                effect before the amendment made by section 4(a) of the 
                Safe Drinking Water Act Amendments of 1995), and any 
                obligation to promulgate regulations pursuant to such 
                subparagraphs not promulgated as of the date of 
                enactment of the Safe Drinking Water Act Amendments of 
                1995, are superseded by this paragraph and paragraph 
                (1).''.
    (b) Conforming Amendments.--
            (1) Section 1412(a)(3) (42 U.S.C. 300g-1(a)(3)) is amended 
        by striking ``paragraph (1), (2), or (3) of subsection (b)'' 
        each place it appears and inserting ``paragraph (1) or (2) of 
        subsection (b)''.
            (2) Section 1415(d) (42 U.S.C. 300g-4(d)) is amended by 
        striking ``section 1412(b)(3)'' and inserting ``section 
        1412(b)(7)(A)''.

SEC. 5. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.

    Section 1412(b) (42 U.S.C. 300g-1(b)) (as amended by section 4) is 
further amended by inserting after paragraph (2) the following:
            ``(3) 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 in carrying out this 
                title, 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 uncertainty identified in the 
                        process of the assessment of public health 
                        effects and research 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.--Not 
                        later than 90 days prior to proposing any 
                        national primary drinking water regulation that 
                        includes a maximum contaminant level, the 
                        Administrator shall, with respect to a maximum 
                        contaminant level that would be considered in 
                        accordance with paragraph (4) in a proposed 
                        regulation and each alternative maximum 
                        contaminant level that would be considered in a 
                        proposed regulation 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) the health risk reduction 
                                benefits (including non-quantifiable 
                                health benefits identified and 
                                described by the Administrator, except 
                                that such benefits shall not be used by 
                                the Administrator for purposes of 
                                determining whether a maximum 
                                contaminant level is or is not 
                                justified unless there is a factual 
basis in the rulemaking record to conclude that such benefits are 
likely to occur) expected as the result of treatment to comply with 
each level;
                                    ``(II) the health risk reduction 
                                benefits (including non-quantifiable 
                                health benefits identified and 
                                described by the Administrator, except 
                                that such benefits shall not be used by 
                                the Administrator for purposes of 
                                determining whether a maximum 
                                contaminant level is or is not 
                                justified unless there is a factual 
                                basis in the rulemaking record to 
                                conclude that such benefits are likely 
                                to occur) expected 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) the costs (including non-
                                quantifiable costs identified and 
                                described by the Administrator, except 
                                that such costs shall not be used by 
                                the Administrator for purposes of 
                                determining whether a maximum 
                                contaminant level is or is not 
                                justified unless there is a factual 
                                basis in the rulemaking record to 
                                conclude that such costs are likely to 
                                occur) expected 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; and
                                    ``(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.--Not later 
                        than 90 days prior to 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 would be 
                        considered in a proposed regulation, 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) Form of notice.--Whenever a national 
                        primary drinking water regulation is expected 
                        to result in compliance costs greater than 
                        $75,000,000 per year, the Administrator shall 
                        provide the notice required by clause (i) or 
                        (ii) through an advanced notice of proposed 
                        rulemaking.
                            ``(v) 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. 6. STANDARD-SETTING; REVIEW OF STANDARDS.

    (a) In General.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended--
            (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 subparagraph (A) (as so designated), by 
                inserting after the first sentence the following: ``The 
                maximum contaminant level goal for contaminants that 
                are known or likely to cause cancer in humans may be 
                set at a level other than zero, if the Administrator 
                determines, based on the best available, peer-reviewed 
                science, that there is a threshold level below which 
                there is unlikely to be any increase in cancer risk and 
                the Administrator sets the maximum contaminant level 
                goal at that level with an adequate margin of 
                safety.'';
                    (C) 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
                    (D) 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 
                (3)(C).'';
            (2) by striking ``(5) For the'' and inserting the 
        following:
                    ``(D) Definition of feasible.--For the'';
            (3) in the second sentence of paragraph (4)(D) (as so 
        designated), by striking ``paragraph (4)'' and inserting ``this 
        paragraph'';
            (4) by striking ``(6) Each national'' and inserting the 
        following:
                    ``(E) Feasible technologies.--Each national'';
            (5) in paragraph (4)(E) (as so designated), by striking 
        ``this paragraph'' and inserting ``this subsection''; and
            (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 (3)(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);
                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)).
                    ``(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 
                (2)), 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 subsection 
(a)) to promulgate the Stage I rulemaking for disinfectants and 
disinfection byproducts as proposed in volume 59, Federal Register, 
page 38668 (July 29, 1994). Unless new information warrants a 
modification of the proposal as provided for in the ``Disinfection and 
Disinfection Byproducts Negotiated Rulemaking Committee Agreement'', 
nothing in such section shall be construed to require the Administrator 
to modify the provisions of the rulemaking as proposed.
    (c) Review of Standards.--Section 1412(b) (42 U.S.C. 300g-1(b)) is 
amended by striking paragraph (9) and inserting the following:
            ``(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. 7. ARSENIC.

    Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by adding at the 
end the following:
            ``(12) Arsenic.--
                    ``(A) Schedule and standard.--Notwithstanding 
                paragraph (2), the Administrator shall promulgate a 
                national primary drinking water regulation for arsenic 
                in accordance with the schedule established by this 
                paragraph and pursuant to this subsection.
                    ``(B) Research plan.--Not later than 180 days after 
                the date of enactment of this paragraph, the 
                Administrator shall develop a comprehensive plan for 
                research in support of drinking water rulemaking to 
                reduce the uncertainty in assessing health risks 
                associated with exposure to low levels of arsenic. The 
                Administrator shall consult with the Science Advisory 
                Board established by section 8 of the Environmental 
                Research, Development, and Demonstration Act of 1978 
                (42 U.S.C. 4365), other Federal agencies, and 
                interested public and private entities.
                    ``(C) Research projects.--The Administrator shall 
                carry out the research plan, taking care to avoid 
                duplication of other research in progress. The 
                Administrator may enter into cooperative research 
                agreements with other Federal agencies, State and local 
                governments, and other interested public and private 
                entities to carry out the research plan.
                    ``(D) Assessment.--Not later than 3\1/2\ years 
                after the date of enactment of this paragraph, the 
                Administrator shall review the progress of the research 
                to determine whether the health risks associated with 
                exposure to low levels of arsenic are sufficiently well 
                understood to proceed with a national primary drinking 
                water regulation. The Administrator shall consult with 
                the Science Advisory Board, other Federal agencies, and 
other interested public and private entities as part of the review.
                    ``(E) Proposed regulation.--The Administrator shall 
                propose a national primary drinking water regulation 
                for arsenic not later than January 1, 2000.
                    ``(F) Final regulation.--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.''.

SEC. 8. RADON.

    Section 1412(b) (42 U.S.C. 300g-1(b)) (as amended by section 7) is 
further amended by adding at the end the following:
            ``(13) Radon in drinking water.--
                    ``(A) Regulation.--Notwithstanding paragraph (2), 
                not later than 180 days after the date of enactment of 
                this paragraph, the Administrator shall promulgate a 
                national primary drinking water regulation for radon.
                    ``(B) Maximum contaminant level.--Notwithstanding 
                any other provision of law, the regulation shall 
                provide for a maximum contaminant level for radon of 
                3,000 picocuries per liter.
                    ``(C) Revision.--
                            ``(i) In general.--Subject to clause (ii), 
                        a revision to the regulation promulgated under 
                        subparagraph (A) may be made pursuant to this 
                        subsection. The revision may include a maximum 
                        contaminant level less stringent than 3,000 
                        picocuries per liter as provided in paragraphs 
                        (4) and (9) or a maximum contaminant level more 
                        stringent than 3,000 picocuries per liter as 
                        provided in clause (ii).
                            ``(ii) Maximum contaminant level.--
                                    ``(I) Criteria for revision.--The 
                                Administrator shall not revise the 
                                maximum contaminant level for radon to 
                                a more stringent level than the level 
                                established under subparagraph (B) 
                                unless--
                                            ``(aa) the revision is made 
                                        to reflect consideration of 
                                        risks from the ingestion of 
                                        radon in drinking water and 
                                        episodic uses of drinking 
                                        water;
                                            ``(bb) the revision is 
                                        supported by peer-reviewed 
                                        scientific studies conducted in 
                                        accordance with sound and 
                                        objective scientific practices; 
                                        and
                                            ``(cc) based on the 
                                        studies, the National Academy 
                                        of Sciences and the Science 
                                        Advisory Board, established by 
                                        section 8 of the Environmental 
                                        Research, Development, and 
                                        Demonstration Act of 1978 (42 
                                        U.S.C. 4365), consider a 
                                        revision of the maximum 
                                        contaminant level to be 
                                        appropriate.
                                    ``(II) Amount of revision.--If the 
                                Administrator determines to revise the 
                                maximum contaminant level for radon in 
                                accordance with subclause (I), the 
                                maximum contaminant level shall be 
                                revised to a level that is no more 
                                stringent than is necessary to reduce 
                                risks to human health from radon in 
                                drinking water to a level that is 
                                equivalent to risks to human health 
                                from radon in outdoor air based on the 
                                national average concentration of radon 
                                in outdoor air.''.

SEC. 9. SULFATE.

    Section 1412(b) (42 U.S.C. 300g-1(b)) (as amended by section 8) is 
further amended by adding at the end the following:
            ``(14) Sulfate.--
                    ``(A) Additional research.--Prior to promulgating a 
                national primary drinking water regulation for sulfate 
                the Administrator and the Director of the Centers for 
                Disease Control shall jointly conduct additional 
                research to establish a reliable dose-response 
                relationship for the adverse 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 research 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 and shall be completed not later 
                than 30 months after the date of enactment of this 
                paragraph.
                    ``(B) Proposed and final rule.--Prior to 
                promulgating a national primary drinking water 
                regulation for sulfate and after consultation with 
                interested States, the Administrator shall publish a 
                notice of proposed rulemaking that shall supersede the 
                proposal published in December, 1994. For purposes of 
                the proposed and final rule, the Administrator may 
                specify in the regulation 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. The 
                Administrator shall, 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 not later than 48 
                months after the date of enactment of this paragraph.
                    ``(C) Effect on other laws.--
                            ``(i) Federal laws.--Notwithstanding part 
                        C, section 311 of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1321), subtitle C or D 
                        of the Solid Waste Disposal Act (42 U.S.C. 6921 
                        et seq.), or section 107 or 121(d) of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9607 and 9621(d)), no national primary 
                        drinking water regulation for sulfate shall 
                        be--
                                    ``(I) used as a standard for 
                                determining compliance with any 
                                provision of any law other than this 
                                subsection;
                                    ``(II) used as a standard for 
                                determining appropriate cleanup levels 
                                or whether cleanup should be undertaken 
                                with respect to any facility or site;
                                    ``(III) considered to be an 
                                applicable or relevant and appropriate 
                                requirement for any such cleanup; or
                                    ``(IV) used for the purpose of 
                                defining injury to a natural resource;
                        unless the Administrator, by rule and after 
                        notice and opportunity for public comment, 
                        determines that the regulation is appropriate 
                        for a use described in subclause (I), (II), 
                        (III), or (IV).
                            ``(ii) State laws.--This subparagraph shall 
                        not affect any requirement of State law, 
                        including the applicability of any State 
                        standard similar to the regulation published 
                        under this paragraph as a standard for any 
                        cleanup action, compliance action, or natural 
                        resource damage action taken pursuant to such a 
                        law.''.

SEC. 10. FILTRATION AND DISINFECTION.

    (a) Filtration Criteria.--Section 1412(b)(7)(C)(i) is amended by 
adding at the end thereof the following: ``Not later than 18 months 
after the date of enactment of the Safe Drinking Water Act Amendments 
of 1995, the Administrator shall amend the criteria issued under this 
clause to provide that a State exercising primary enforcement 
responsibility for public water systems may, on a case-by-case basis, 
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 
significantly greater removal efficiencies of pathogenic organisms for 
which national primary drinking water regulations have been promulgated 
or that are of public health concern than would be achieved by the 
combination of filtration and chlorine disinfection (in compliance with 
this paragraph and paragraph (8)).''.
    (b) Filtration Technology for Small Systems.--Section 1412(b)(7)(C) 
(42 U.S.C. 300g-1(b)(7)(C)) is amended by adding at the end the 
following:
                            ``(v) Filtration technology for small 
                        systems.--At the same time as the Administrator 
                        proposes an Interim Enhanced Surface Water 
                        Treatment Rule pursuant to paragraph 
                        (2)(C)(ii), the Administrator shall propose a 
                        regulation that describes treatment techniques 
                        that meet the requirements for filtration 
                        pursuant to this subparagraph and are feasible 
                        for community water systems serving a 
                        population of 3,300 or fewer and noncommunity 
                        water systems.''.
    (c) Ground Water Disinfection.--The first sentence of section 
1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended--
            (1) by striking ``Not later than 36 months after the 
        enactment of the Safe Drinking Water Act Amendments of 1986, 
        the Administrator shall propose and promulgate'' and inserting 
        ``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 1995 but not later than the date on which the Administrator 
        promulgates a Stage II rulemaking for disinfectants and 
        disinfection byproducts (as described in paragraph (2)), the 
        Administrator shall also promulgate''; and
            (2) by striking the period at the end and inserting the 
        following: ``, 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.''.

SEC. 11. EFFECTIVE DATE FOR REGULATIONS.

    Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by striking 
paragraph (10) and inserting the following:
            ``(10) Effective date.--A national primary drinking water 
        regulation promulgated under this section 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 determines 
        that additional time is necessary for capital improvements.''.

SEC. 12. TECHNOLOGY AND TREATMENT TECHNIQUES; TECHNOLOGY CENTERS.

    (a) System Treatment Technologies.--Section 1412(b) (42 U.S.C. 
300g-1(b)) (as amended by section 9) is further amended by adding at 
the end the following:
            ``(15) System treatment technologies.--
                    ``(A) Guidance or regulations.--
                            ``(i) In general.--At the same time as the 
                        Administrator promulgates a national primary 
                        drinking water regulation pursuant to this 
                        section, the Administrator shall issue guidance 
                        or regulations describing all treatment 
                        technologies for the contaminant that is the 
                        subject of the regulation that are feasible 
                        with the use of best technology, treatment 
                        techniques, or other means that the 
                        Administrator finds, after examination for 
                        efficacy under field conditions and not solely 
                        under laboratory conditions, are available 
                        taking cost into consideration for public water 
                        systems serving--
                                    ``(I) a population of 10,000 or 
                                fewer but more than 3,300;
                                    ``(II) a population of 3,300 or 
                                fewer but more than 500; and
                                    ``(III) a population of 500 or 
                                fewer but more than 25.
                            ``(ii) Contents.--The guidance or 
                        regulations shall identify the effectiveness of 
                        the technology, the cost of the technology, and 
                        other factors related to the use of the 
                        technology, including requirements for the 
                        quality of source water to ensure adequate 
                        protection of human health, considering removal 
                        efficiencies of the technology, and 
                        installation and operation and maintenance 
                        requirements for the technology.
                            ``(iii) Limitation.--The Administrator 
                        shall not issue guidance or regulations for a 
                        technology under this paragraph unless the 
                        technology adequately protects human health, 
                        considering the expected useful life of the 
                        technology and the source waters available to 
                        systems for which the technology is considered 
                        to be feasible.
                    ``(B) Regulations and guidance.--Not later than 2 
                years after the date of enactment of this paragraph and 
                after consultation with the States, the Administrator 
                shall issue guidance or regulations under subparagraph 
                (A) for each national primary drinking water regulation 
                promulgated prior to the date of enactment of this 
                paragraph for which a variance may be granted under 
                section 1415(e). The Administrator may, at any time 
                after a national primary drinking water regulation has 
                been promulgated, issue guidance or regulations 
                describing additional or new or innovative treatment 
                technologies that meet the requirements of subparagraph 
                (A) for public water systems described in subparagraph 
                (A)(i) that are subject to the regulation.
                    ``(C) No specified technology.--A description under 
                subparagraph (A) of the best technology or other means 
                available shall not be considered to require or 
                authorize that the specified technology or other means 
                be used for the purpose of meeting the requirements of 
                any national primary drinking water regulation.''.
    (b) Technologies and Treatment Techniques for Small Systems.--
Section 1412(b)(4)(E) (as amended by section 6(a)) is further amended 
by adding at the end the following: ``The Administrator shall include 
in the list any technology, treatment technique, or other means that is 
feasible 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 that are 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 and equipped with 
                mechanical warnings to ensure that customers are 
                automatically notified of operational problems. The 
                Administrator shall not include in the list any point-
                of-use treatment technology, treatment technique, or 
                other means to achieve compliance with a maximum 
                contaminant level or treatment technique requirement 
                for a microbial contaminant (or an indicator of a 
                microbial contaminant). If the American National 
                Standards Institute has issued product standards 
                applicable to a specific type of point-of-entry or 
                point-of-use treatment device, 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.''.
    (c) Availability of Information on Small System Technologies.--
Section 1445 (42 U.S.C. 300j-4) is amended by adding at the end the 
following:
    ``(g) Availability of Information on Small System Technologies.--
For purposes of paragraphs (4)(E) and (15) of section 1412(b), 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 date by which information shall 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 paragraph (4)(E) or (15) of section 
1412(b).''.
    (d) Small Water Systems Technology Centers.--Section 1442 (42 
U.S.C. 300j-1) is amended by adding at the end the following:
    ``(h) Small Public Water Systems Technology Assistance Centers.--
            ``(1) Grant program.--The Administrator is authorized to 
        make grants to institutions of higher learning to establish and 
        operate not fewer than 5 small public water system technology 
        assistance centers in the United States.
            ``(2) Responsibilities of the centers.--The 
        responsibilities of the small public water system technology 
        assistance centers established under this subsection shall 
        include the conduct of research, training, and technical 
        assistance relating to the information, performance, and 
        technical needs of small public water systems or public water 
        systems that serve Indian Tribes.
            ``(3) Applications.--Any institution of higher learning 
        interested in receiving a grant under this subsection shall 
        submit to the Administrator an application in such form and 
        containing such information as the Administrator may require by 
        regulation.
            ``(4) Selection criteria.--The Administrator shall select 
        recipients of grants under this subsection on the basis of the 
        following criteria:
                    ``(A) The small public water system technology 
                assistance center shall be located in a State that is 
                representative of the needs of the region in which the 
                State is located for addressing the drinking water 
                needs of rural small communities or Indian Tribes.
                    ``(B) The grant recipient shall be located in a 
                region that has experienced problems with rural water 
                supplies.
                    ``(C) There is available to the grant recipient for 
                carrying out this subsection demonstrated expertise in 
                water resources research, technical assistance, and 
                training.
                    ``(D) The grant recipient shall have the capability 
                to provide leadership in making national and regional 
                contributions to the solution of both long-range and 
                intermediate-range rural water system technology 
                management problems.
                    ``(E) The grant recipient shall have a demonstrated 
                interdisciplinary capability with expertise in small 
                public water system technology management and research.
                    ``(F) The grant recipient shall have a demonstrated 
                capability to disseminate the results of small public 
                water system technology research and training programs 
                through an interdisciplinary continuing education 
                program.
                    ``(G) The projects that the grant recipient 
                proposes to carry out under the grant are necessary and 
                appropriate.
                    ``(H) The grant recipient has regional support 
                beyond the host institution.
                    ``(I) The grant recipient shall include the 
                participation of water resources research institutes 
                established under section 104 of the Water Resources 
                Research Act of 1984 (42 U.S.C. 10303).
            ``(5) Alaska.--For purposes of this subsection, the State 
        of Alaska shall be considered to be a region.
            ``(6) Consortia of states.--At least 2 of the grants under 
        this subsection shall be made to consortia of States with low 
        population densities. In this paragraph, the term `consortium 
        of States with low population densities' means a consortium of 
        States, each State of which has an average population density 
        of less than 12.3 persons per square mile, based on data for 
        1993 from the Bureau of the Census.
            ``(7) Additional considerations.--At least one center 
        established under this subsection shall focus primarily on the 
        development and evaluation of new technologies and new 
        combinations of existing technologies that are likely to 
        provide more reliable or lower cost options for providing safe 
        drinking water. This center shall be located in a geographic 
        region of the country with a high density of small systems, at 
        a university with an established record of developing and 
        piloting small treatment technologies in cooperation with 
        industry, States, communities, and water system associations.
            ``(8) Authorization of appropriations.--There are 
        authorized to be appropriated to make grants under this 
        subsection $10,000,000 for each of fiscal years 1995 through 
        2003.''.

SEC. 13. VARIANCES AND EXEMPTIONS.

    (a) Technology and Treatment Techniques for Systems Issued 
Variances.--The second sentence of section 1415(a)(1)(A) (42 U.S.C. 
300g-4(a)(1)(A)) is amended--
            (1) by striking ``only be issued to a system after the 
        system's application of'' and inserting ``be issued to a system 
        on condition that the system install''; and
            (2) by inserting before the period at the end the 
        following: ``, and based upon an evaluation satisfactory to the 
        State that indicates that alternative sources of water are not 
reasonably available to the system''.
    (b) Exemptions.--Section 1416 (42 U.S.C. 300g-5) is amended--
            (1) in subsection (a)(1)--
                    (A) by inserting after ``(which may include 
                economic factors'' the following: ``, including 
                qualification of the public water system as a system 
                serving a disadvantaged community pursuant to section 
                1473(e)(1)''; and
                    (B) by inserting after ``treatment technique 
                requirement,'' the following: ``or to implement 
                measures to develop an alternative source of water 
                supply,'';
            (2) in subsection (b)(1)(A)--
                    (A) by striking ``(including increments of 
                progress)'' and inserting ``(including increments of 
                progress or measures to develop an alternative source 
                of water supply)''; and
                    (B) by striking ``requirement and treatment'' and 
                inserting ``requirement or treatment''; and
            (3) in subsection (b)(2)--
                    (A) by striking ``(except as provided in 
                subparagraph (B))'' in subparagraph (A) and all that 
                follows through ``3 years after the date of the 
                issuance of the exemption if'' in subparagraph (B) and 
                inserting the following: ``not later than 3 years after 
                the otherwise applicable compliance date established in 
                section 1412(b)(10).
    ``(B) No exemption shall be granted unless'';
                    (B) in subparagraph (B)(i), by striking ``within 
                the period of such exemption'' and inserting ``prior to 
                the date established pursuant to section 1412(b)(10)'';
                    (C) in subparagraph (B)(ii), by inserting after 
                ``such financial assistance'' the following: ``or 
                assistance pursuant to part G, or any other Federal or 
                State program is reasonably likely to be available 
                within the period of the exemption'';
                    (D) in subparagraph (C)--
                            (i) by striking ``500 service connections'' 
                        and inserting ``a population of 3,300''; and
                            (ii) by inserting ``, but not to exceed a 
                        total of 6 years,'' after ``for one or more 
                        additional 2-year periods''; and
                    (E) by adding at the end the following:
    ``(D) Limitation.--A public water system may not receive an 
exemption under this section if the system was granted a variance under 
section 1415(e).''.

SEC. 14. SMALL SYSTEMS; TECHNICAL ASSISTANCE.

    (a) Small System Variances.--Section 1415 (42 U.S.C. 300g-4) is 
amended by adding at the end the following:
    ``(e) Small System Variances.--
            ``(1) In general.--The Administrator (or a State with 
        primary enforcement responsibility for public water systems 
        under section 1413) may grant to a public water system serving 
        a population of 10,000 or fewer (referred to in this subsection 
        as a `small system') a variance under this subsection for 
        compliance with a requirement specifying a maximum contaminant 
        level or treatment technique contained in a national primary 
        drinking water regulation, if the variance meets each 
        requirement of this subsection.
            ``(2) Availability of variances.--A small system may 
        receive a variance under this subsection if the system 
        installs, operates, and maintains, in accordance with guidance 
        or regulations issued by the Administrator, treatment 
        technology that is feasible for small systems as determined by 
        the Administrator pursuant to section 1412(b)(15).
            ``(3) Conditions for granting variances.--A variance under 
        this subsection shall be available only to a system--
                    ``(A) that cannot afford to comply, in accordance 
                with affordability criteria established by the 
                Administrator (or the State in the case of a State that 
                has primary enforcement responsibility under section 
                1413), with a national primary drinking water 
                regulation, including compliance through--
                            ``(i) treatment;
                            ``(ii) alternative source of water supply; 
                        or
                            ``(iii) restructuring or consolidation 
                        (unless the Administrator (or the State in the 
                        case of a State that has primary enforcement 
                        responsibility under section 1413) makes a 
                        written determination that restructuring or 
                        consolidation is not feasible or appropriate 
                        based on other specified public policy 
                        considerations); and
                    ``(B) for which the Administrator (or the State in 
                the case of a State that has primary enforcement 
responsibility under section 1413) determines that the terms of the 
variance ensure adequate protection of human health, considering the 
quality of the source water for the system and the removal efficiencies 
and expected useful life of the treatment technology required by the 
variance.
            ``(4) Applications.--An application for a variance for a 
        national primary drinking water regulation under this 
        subsection shall be submitted to the Administrator (or the 
        State in the case of a State that has primary enforcement 
        responsibility under section 1413) not later than the date that 
        is the later of--
                    ``(A) 3 years after the date of enactment of this 
                subsection; or
                    ``(B) 1 year after the compliance date of the 
                national primary drinking water regulation as 
                established under section 1412(b)(10) for which a 
                variance is requested.
            ``(5) Variance review and decision.--
                    ``(A) Timetable.--The Administrator (or the State 
                in the case of a State that has primary enforcement 
                responsibility under section 1413) shall grant or deny 
                a variance not later than 1 year after the date of 
                receipt of the application.
                    ``(B) Penalty moratorium.--Each public water system 
                that submits a timely application for a variance under 
                this subsection shall not be subject to a penalty in an 
                enforcement action under section 1414 for a violation 
                of a maximum contaminant level or treatment technique 
                in the national primary drinking water regulation with 
                respect to which the variance application was submitted 
                prior to the date of a decision to grant or deny the 
                variance.
            ``(6) Compliance schedules.--
                    ``(A) Variances.--A variance granted under this 
                subsection shall require compliance with the conditions 
                of the variance not later than 3 years after the date 
                on which the variance is granted, except that the 
                Administrator (or the State in the case of a State that 
                has primary enforcement responsibility under section 
                1413) may allow up to 2 additional years to comply with 
                a treatment technique, secure an alternative source of 
                water, or restructure if the Administrator (or the 
                State) determines that additional time is necessary for 
                capital improvements, or to allow for financial 
                assistance provided pursuant to part G or any other 
                Federal or State program.
                    ``(B) Denied applications.--If the Administrator 
                (or the State in the case of a State that has primary 
                enforcement responsibility under section 1413) denies a 
                variance application under this subsection, the public 
                water system shall come into compliance with the 
                requirements of the national primary drinking water 
                regulation for which the variance was requested not 
                later than 4 years after the date on which the national 
                primary drinking water regulation was promulgated.
            ``(7) Duration of variances.--
                    ``(A) In general.--The Administrator (or the State 
                in the case of a State that has primary enforcement 
                responsibility under section 1413) shall review each 
                variance granted under this subsection not less often 
                than every 5 years after the compliance date 
                established in the variance to determine whether the 
                system remains eligible for the variance and is 
                conforming to each condition of the variance.
                    ``(B) Revocation of variances.--The Administrator 
                (or the State in the case of a State that has primary 
                enforcement responsibility under section 1413) shall 
                revoke a variance in effect under this subsection if 
                the Administrator (or the State) determines that--
                            ``(i) the system is no longer eligible for 
                        a variance;
                            ``(ii) the system has failed to comply with 
                        any term or condition of the variance, other 
                        than a reporting or monitoring requirement, 
                        unless the failure is caused by circumstances 
                        outside the control of the system; or
                            ``(iii) the terms of the variance do not 
                        ensure adequate protection of human health, 
                        considering the quality of source water 
                        available to the system and the removal 
                        efficiencies and expected useful life of the 
                        treatment technology required by the variance.
            ``(8) 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.
            ``(9) Regulations and guidance.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection and in 
                consultation with the States, the Administrator shall 
                promulgate regulations for variances to be granted 
                under this subsection. The regulations shall, at a 
                minimum, specify--
                            ``(i) procedures to be used by the 
                        Administrator or a State to grant or deny 
                        variances, including requirements for notifying 
                        the Administrator and consumers of the public 
                        water system applying for a variance and 
                        requirements for a public hearing on the 
                        variance before the variance is granted;
                            ``(ii) requirements for the installation 
                        and proper operation of treatment technology 
                        that is feasible (pursuant to section 
                        1412(b)(15)) for small systems and the 
                        financial and technical capability to operate 
                        the treatment system, including operator 
                        training and certification;
                            ``(iii) eligibility criteria for a variance 
                        for each national primary drinking water 
                        regulation, including requirements for the 
                        quality of the source water (pursuant to 
                        section 1412(b)(15)(A)); and
                            ``(iv) information requirements for 
                        variance applications.
                    ``(B) Affordability criteria.--Not later than 18 
                months after the date of enactment of the Safe Drinking 
                Water Act Amendments of 1995, the Administrator, in 
                consultation with the States and the Rural Utilities 
                Service of the Department of Agriculture, shall publish 
                information to assist the States in developing 
                affordability criteria. The affordability criteria 
                shall be reviewed by the States not less often than 
                every 5 years to determine if changes are needed to the 
                criteria.
            ``(10) Review by the administrator.--
                    ``(A) In general.--The Administrator shall 
                periodically review the program of each State that has 
                primary enforcement responsibility for public water 
                systems under section 1413 with respect to variances to 
                determine whether the variances granted by the State 
                comply with the requirements of this subsection. With 
                respect to affordability, the determination of the 
                Administrator shall be limited to whether the variances 
                granted by the State comply with the affordability 
                criteria developed by the State.
                    ``(B) Notice and publication.--If the Administrator 
                determines that variances granted by a State are not in 
                compliance with affordability criteria developed by the 
                State and the requirements of this subsection, the 
                Administrator shall notify the State in writing of the 
                deficiencies and make public the determination.
                    ``(C) Objections to variances.--
                            ``(i) By the administrator.--The 
                        Administrator may review and object to any 
                        variance proposed to be granted by a State, if 
                        the objection is communicated to the State not 
                        later than 90 days after the State proposes to 
                        grant the variance. If the Administrator 
                        objects to the granting of a variance, the 
                        Administrator shall notify the State in writing 
                        of each basis for the objection and propose a 
                        modification to the variance to resolve the 
                        concerns of the Administrator. The State shall 
                        make the recommended modification or respond in 
                        writing to each objection. If the State issues 
                        the variance without resolving the concerns of 
                        the Administrator, the Administrator may 
                        overturn the State decision to grant the 
                        variance if the Administrator determines that 
                        the State decision does not comply with this 
                        subsection.
                            ``(ii) Petition by consumers.--Not later 
                        than 30 days after a State with primary 
                        enforcement responsibility for public water 
                        systems under section 1413 proposes to grant a 
                        variance for a public water system, any person 
                        served by the system may petition the 
                        Administrator to object to the granting of a 
                        variance. The Administrator shall respond to 
                        the petition not later than 60 days after the 
                        receipt of the petition. The State shall not 
                        grant the variance during the 60-day period. 
                        The petition shall be based on comments made by 
                        the petitioner during public review of the 
                        variance by the State.''.
    (b) Technical Assistance.--Section 1442(g) (42 U.S.C. 300j-1(g)) is 
amended--
            (1) in the second sentence, by inserting ``and multi-State 
        regional technical assistance'' after ```circuit-rider'''; and
            (2) by striking the third sentence and inserting the 
        following: ``The Administrator shall ensure that funds made 
        available for technical assistance pursuant to this subsection 
        are allocated among the States equally. Each nonprofit 
        organization receiving assistance under this subsection shall 
        consult with the State in which the assistance is to be 
        expended or otherwise made available before using the 
assistance to undertake activities to carry out this subsection. There 
are authorized to be appropriated to carry out this subsection 
$15,000,000 for each of fiscal years 1992 through 2003.''.

SEC. 15. CAPACITY DEVELOPMENT; FINANCE CENTERS.

    Part B (42 U.S.C. 300g et seq.) is amended by adding at the end the 
following:

                         ``capacity development

    ``Sec. 1418. (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, 1998, 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.
    ``(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) Variances and exemptions.--Based on information 
        obtained under subsection (c)(2)(B), the Administrator shall, 
        as appropriate, modify regulations concerning variances and 
        exemptions for small public water systems to ensure flexibility 
        in the use of the variances and exemptions. Nothing in this 
        paragraph shall be interpreted, construed, or applied to affect 
        or alter the requirements of section 1415 or 1416.
            ``(4) 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.
            ``(5) 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.
    ``(e) Environmental Finance Centers.--
            ``(1) In general.--The Administrator shall support the 
        network of university-based Environmental Finance Centers in 
        providing training and technical assistance to State and local 
        officials in developing capacity of public water systems.
            ``(2) National capacity development clearinghouse.--Within 
        the Environmental Finance Center network in existence on the 
        date of enactment of this section, the Administrator shall 
        establish a national public water systems capacity development 
        clearinghouse to receive, coordinate, and disseminate research 
        and reports on projects funded under this title and from other 
        sources with respect to developing, improving, and maintaining 
        technical, financial, and managerial capacity at public water 
        systems to Federal and State agencies, universities, water 
        suppliers, and other interested persons.
            ``(3) Capacity development techniques.--
                    ``(A) In general.--The Environmental Finance 
                Centers shall develop and test managerial, financial, 
                and institutional techniques--
                            ``(i) to ensure that new public water 
                        systems have the technical, managerial, and 
                        financial capacity before commencing operation;
                            ``(ii) to identify public water systems in 
                        need of capacity development; and
                            ``(iii) to bring public water systems with 
                        a history of significant noncompliance with 
                        national primary drinking water regulations 
                        into compliance.
                    ``(B) Techniques.--The techniques may include 
                capacity assessment methodologies, manual and computer-
                based public water system rate models and capital 
                planning models, public water system consolidation 
                procedures, and regionalization models.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (e) $2,500,000 for each of fiscal 
years 1995 through 2003.''.

SEC. 16. OPERATOR AND LABORATORY CERTIFICATION.

    Section 1442 (42 U.S.C. 300j-1) is amended by inserting after 
subsection (d) the following:
    ``(e) Certification of Operators and Laboratories.--
            ``(1) Requirement.--Beginning 3 years after the date of 
        enactment of the Safe Drinking Water Act Amendments of 1995--
                    ``(A) no assistance may be provided to a public 
                water system under part G unless the system has entered 
                into an enforceable commitment with the State providing 
                that any person who operates the system will be trained 
                and certified according to requirements established by 
                the Administrator or the State (in the case of a State 
                with primary enforcement responsibility under section 
                1413) not later than the date of completion of the 
                capital project for which the assistance is provided; 
                and
                    ``(B) a public water system that has received 
                assistance under part G may be operated only by a 
                person who has been trained and certified according to 
                requirements established by the Administrator or the 
                State (in the case of a State with primary enforcement 
                responsibility under section 1413).
            ``(2) Guidelines.--Not later than 18 months after the date 
        of enactment of the Safe Drinking Water Act Amendments of 1995 
        and after consultation with the States, the Administrator shall 
        publish information to assist States in carrying out paragraph 
        (1). In the case of a State with primary enforcement 
        responsibility under section 1413 or any other State that has 
        established a training program that is consistent with the 
        guidance issued under this paragraph, the authority to 
        prescribe the appropriate level of training for certification 
        for all systems shall be solely the responsibility of the 
        State. The guidance issued under this paragraph shall also 
        include information to assist States in certifying laboratories 
        engaged in testing for the purpose of compliance with sections 
        1445 and 1401(1).
            ``(3) Noncompliance.--If a public water system in a State 
        is not operated in accordance with paragraph (1), the 
        Administrator is authorized to withhold from funds that would 
        otherwise be allocated to the State under section 1472 or 
        require the repayment of an amount equal to the amount of any 
        assistance under part G provided to the public water system.''.

SEC. 17. SOURCE WATER QUALITY PROTECTION PARTNERSHIPS.

    Part B (42 U.S.C. 300g et seq.) (as amended by section 15) is 
further amended by adding at the end the following:

         ``source water quality protection partnership program

    ``Sec. 1419. (a) Source Water Area Delineations.--Except as 
provided in subsection (c), not later than 5 years after the date of 
enactment of this section, and after an opportunity for public comment, 
each State shall--
            ``(1) delineate (directly or through delegation) the source 
        water protection areas for community water systems in the State 
        using hydrogeologic information considered to be reasonably 
        available and appropriate by the State; and
            ``(2) conduct, to the extent practicable, vulnerability 
        assessments in source water areas determined to be a priority 
        by the State, including, to the extent practicable, 
        identification of risks in source water protection areas to 
        drinking water.
    ``(b) Alternative Delineations and Vulnerability Assessments.--For 
the purposes of satisfying the requirements of subsection (a), a State 
may use delineations and vulnerability assessments conducted for--
            ``(1) ground water sources under a State wellhead 
        protection program developed pursuant to section 1428;
            ``(2) 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)); or
            ``(3) 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).
    ``(c) Funding.--To carry out the delineations and assessments 
described in subsection (a), a State may use funds made available for 
that purpose pursuant to section 1473(f). If funds available under that 
section are insufficient to meet the minimum requirements of subsection 
(a), the State shall establish a priority-based schedule for the 
delineations and assessments within available resources.
    ``(d) Petition Program.--
            ``(1) In general.--
                    ``(A) Establishment.--A State may establish a 
                program under which an owner or operator of a community 
                water system in the State, or a municipal or local 
                government or political subdivision of a government in 
                the State, may submit a source water quality protection 
                partnership petition to the State requesting that the 
                State assist in the local development of a voluntary, 
                incentive-based partnership, among the owner, operator, 
                or government and other persons likely to be affected 
                by the recommendations of the partnership, to--
                            ``(i) reduce the presence in drinking water 
                        of contaminants that may be addressed by a 
                        petition by considering the origins of the 
                        contaminants, including to the maximum extent 
                        practicable the specific activities that affect 
                        the drinking water supply of a community;
                            ``(ii) obtain financial or technical 
                        assistance necessary to facilitate 
                        establishment of a partnership, or to develop 
                        and implement recommendations of a partnership 
                        for the protection of source water to assist in 
                        the provision of drinking water that complies 
                        with national primary drinking water 
                        regulations with respect to contaminants 
                        addressed by a petition; and
                            ``(iii) develop recommendations regarding 
                        voluntary and incentive-based strategies for 
                        the long-term protection of the source water of 
                        community water systems.
                    ``(B) State determination.--Not later than 1 year 
                after the date of enactment of this section, each State 
                shall provide public notice and solicit public comment 
                on the question of whether to develop a source water 
                quality protection partnership petition program in the 
                State, and publicly announce the determination of the 
                State thereafter. If so requested by any public water 
                system or local governmental entity, prior to making 
                the determination, the State shall hold at least one 
                public hearing to assess the level of interest in the 
                State for development and implementation of a State 
                source water quality partnership petition program.
                    ``(C) Funding.--Each State may--
                            ``(i) use funds set aside pursuant to 
                        section 1473(f) by the State to carry out a 
                        program described in subparagraph (A), 
                        including assistance to voluntary local 
                        partnerships for the development and 
                        implementation of partnership recommendations 
                        for the protection of source water such as 
                        source water quality assessment, contingency 
                        plans, and demonstration projects for partners 
                        within a source water area delineated under 
                        subsection (a); and
                            ``(ii) provide assistance in response to a 
                        petition submitted under this subsection using 
                        funds referred to in subsections (e)(2)(B) and 
                        (g).
            ``(2) Objectives.--The objectives of a petition submitted 
        under this subsection shall be to--
                    ``(A) facilitate the local development of 
                voluntary, incentive-based partnerships among owners 
                and operators of community water systems, governments, 
                and other persons in source water areas; and
                    ``(B) obtain assistance from the State in directing 
                or redirecting resources under Federal or State water 
                quality programs to implement the recommendations of 
                the partnerships to address the origins of drinking 
                water contaminants that may be addressed by a petition 
                (including to the maximum extent practicable the 
                specific activities) that affect the drinking water 
                supply of a community.
            ``(3) Contaminants addressed by a petition.--A petition 
        submitted to a State under this section may address only those 
        contaminants--
                    ``(A) that are pathogenic organisms for which a 
                national primary drinking water regulation has been 
                established or is required under section 1412(b)(2)(C); 
                or
                    ``(B) for which a national primary drinking water 
                regulation has been promulgated or proposed and--
                            ``(i) that are detected in the community 
                        water system for which the petition is 
                        submitted at levels above the maximum 
                        contaminant level; or
                            ``(ii) that are detected by adequate 
                        monitoring methods at levels that are not 
                        reliably and consistently below the maximum 
                        contaminant level.
            ``(4) Contents.--A petition submitted under this subsection 
        shall, at a minimum--
                    ``(A) include a delineation of the source water 
                area in the State that is the subject of the petition;
                    ``(B) identify, to the maximum extent practicable, 
                the origins of the drinking water contaminants that may 
                be addressed by a petition (including to the maximum 
                extent practicable the specific activities contributing 
                to the presence of the contaminants) in the source 
                water area delineated under subparagraph (A);
                    ``(C) identify any deficiencies in information that 
                will impair the development of recommendations by the 
                voluntary local partnership to address drinking water 
                contaminants that may be addressed by a petition;
                    ``(D) specify the efforts made to establish the 
                voluntary local partnership and obtain the 
                participation of--
                            ``(i) the municipal or local government or 
                        other political subdivision of the State with 
                        jurisdiction over the source water area 
                        delineated under subparagraph (A); and
                            ``(ii) each person in the source water area 
                        delineated under subparagraph (A)--
                                    ``(I) who is likely to be affected 
                                by recommendations of the voluntary 
                                local partnership; and
                                    ``(II) whose participation is 
                                essential to the success of the 
                                partnership;
                    ``(E) outline how the voluntary local partnership 
                has or will, during development and implementation of 
                recommendations of the voluntary local partnership, 
                identify, recognize and take into account any voluntary 
                or other activities already being undertaken by persons 
                in the source water area delineated under subparagraph 
                (A) under Federal or State law to reduce the likelihood 
                that contaminants will occur in drinking water at 
                levels of public health concern; and
                    ``(F) specify the technical, financial, or other 
                assistance that the voluntary local partnership 
                requests of the State to develop the partnership or to 
                implement recommendations of the partnership.
    ``(e) Approval or Disapproval of Petitions.--
            ``(1) In general.--After providing notice and an 
        opportunity for public comment on a petition submitted under 
        subsection (d), the State shall approve or disapprove the 
        petition, in whole or in part, not later than 120 days after 
        the date of submission of the petition.
            ``(2) Approval.--The State may approve a petition if the 
        petition meets the requirements established under subsection 
        (d). The notice of approval shall, at a minimum, include--
                    ``(A) an identification of technical, financial, or 
                other assistance that the State will provide to assist 
                in addressing the drinking water contaminants that may 
                be addressed by a petition based on--
                            ``(i) the relative priority of the public 
                        health concern identified in the petition with 
                        respect to the other water quality needs 
                        identified by the State;
                            ``(ii) any necessary coordination that the 
                        State will perform of the program established 
                        under this section with programs implemented or 
                        planned by other States under this section; and
                            ``(iii) funds available (including funds 
                        available from a State revolving loan fund 
                        established under title VI of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1381 et seq.) 
                        or part G and the appropriate distribution of 
                        the funds to assist in implementing the 
                        recommendations of the partnership;
                    ``(B) a description of technical or financial 
                assistance pursuant to Federal and State programs that 
                is available to assist in implementing recommendations 
                of the partnership in the petition, including--
                            ``(i) any program established under the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1251 et seq.);
                            ``(ii) the program established under 
                        section 6217 of the Coastal Zone Act 
                        Reauthorization Amendments of 1990 (16 U.S.C. 
                        1455b);
                            ``(iii) the agricultural water quality 
                        protection program established under chapter 2 
                        of subtitle D of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3838 et seq.);
                            ``(iv) the sole source aquifer protection 
                        program established under section 1427;
                            ``(v) the community wellhead protection 
                        program established under section 1428;
                            ``(vi) any pesticide or ground water 
                        management plan;
                            ``(vii) any voluntary agricultural resource 
                        management plan or voluntary whole farm or 
                        whole ranch management plan developed and 
                        implemented under a process established by the 
                        Secretary of Agriculture; and
                            ``(viii) any abandoned well closure 
                        program; and
                    ``(C) a description of activities that will be 
                undertaken to coordinate Federal and State programs to 
                respond to the petition.
            ``(3) Disapproval.--If the State disapproves a petition 
        submitted under subsection (d), the State shall notify the 
        entity submitting the petition in writing of the reasons for 
        disapproval. A petition may be resubmitted at any time if--
                    ``(A) new information becomes available;
                    ``(B) conditions affecting the source water that is 
                the subject of the petition change; or
                    ``(C) modifications are made in the type of 
                assistance being requested.
    ``(f) Eligibility for Water Quality Protection Assistance.--A sole 
source aquifer plan developed under section 1427, a wellhead protection 
plan developed under section 1428, and a source water quality 
protection measure assisted in response to a petition submitted under 
subsection (d) shall be eligible for assistance under the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), including assistance 
provided under section 319 and title VI of such Act (33 U.S.C. 1329 and 
1381 et seq.), if the project, measure, or practice would be eligible 
for assistance under such Act. In the case of funds made available 
under such section 319 to assist a source water quality protection 
measure in response to a petition submitted under subsection (d), the 
funds may be used only for a measure that addresses nonpoint source 
pollution.
    ``(g) Grants To Support State Programs.--
            ``(1) In general.--The Administrator may make a grant to 
        each State that establishes a program under this section that 
        is approved under paragraph (2). The amount of each grant shall 
        not exceed 50 percent of the cost of administering the program 
        for the year in which the grant is available.
            ``(2) Approval.--In order to receive grant assistance under 
        this subsection, a State shall submit to the Administrator for 
        approval a plan for a source water quality protection 
        partnership program that is consistent with the guidance 
        published under paragraph (3). The Administrator shall approve 
        the plan if the plan is consistent with the guidance published 
        under paragraph (3).
            ``(3) Guidance.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the Administrator, 
                in consultation with the States, shall publish guidance 
                to assist--
                            ``(i) States in the development of a source 
                        water quality protection partnership program; 
                        and
                            ``(ii) municipal or local governments or 
                        political subdivisions of the governments and 
                        community water systems in the development of 
                        source water quality protection partnerships 
                        and in the assessment of source water quality.
                    ``(B) Contents of the guidance.--The guidance 
                shall, at a minimum--
                            ``(i) recommend procedures for the approval 
                        or disapproval by a State of a petition 
                        submitted under subsection (d);
                            ``(ii) recommend procedures for the 
                        submission of petitions developed under 
                        subsection (d);
                            ``(iii) recommend criteria for the 
                        assessment of source water areas within a 
                        State;
                            ``(iv) describe technical or financial 
                        assistance pursuant to Federal and State 
                        programs that is available to address the 
                        contamination of sources of drinking water and 
                        to develop and respond to petitions submitted 
                        under subsection (d); and
                            ``(v) specify actions taken by the 
                        Administrator to ensure the coordination of the 
                        programs referred to in clause (iv) with the 
                        goals and objectives of this title to the 
                        maximum extent practicable.
            ``(4) Authorization of appropriations.-- There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for fiscal years 1995 through 2003. Each 
        State with a plan for a program approved under paragraph (2) 
        shall receive an equitable portion of the funds available for 
        any fiscal year.
    ``(h) Statutory Construction.--Nothing in this section--
            ``(1)(A) creates or conveys new authority to a State, 
        political subdivision of a State, or community water system for 
        any new regulatory measure; or
            ``(B) limits any authority of a State, political 
        subdivision, or community water system; or
            ``(2) precludes a community water system, municipal or 
        local government, or political subdivision of a government from 
        locally developing and carrying out a voluntary, incentive-
        based, source water quality protection partnership to address 
        the origins of drinking water contaminants of public health 
        concern.''.

SEC. 18. STATE PRIMACY; STATE FUNDING.

    (a) State Primary Enforcement Responsibility.--Section 1413 (42 
U.S.C. 300g-2) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) has adopted drinking water regulations that are no 
        less stringent than the national primary drinking water 
        regulations promulgated by the Administrator under 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;''; and
            (2) by adding at the end the following:
    ``(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) with respect to the regulation.''.
    (b) Public Water System Supervision Program.--Section 1443(a) (42 
U.S.C. 300j-2(a)) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``(3) A grant'' and inserting the 
                following:
            ``(3) Amount of grant.--
                    ``(A) In general.--A grant''; and
                    (B) by adding at the end the following:
                    ``(B) Determination of costs.--To determine the 
                costs of a grant recipient pursuant to this paragraph, 
                the Administrator shall, in cooperation with the States 
                and not later than 180 days after the date of enactment 
                of this subparagraph, establish a resource model for 
                the public water system supervision program and review 
                and revise the model as necessary.
                    ``(C) State cost adjustments.--The Administrator 
                shall revise cost estimates used in the resource model 
                for any particular State to reflect costs more likely 
                to be experienced in that State, if--
                            ``(i) the State requests the modification; 
                        and
                            ``(ii) the revised estimates ensure full 
                        and effective administration of the public 
                        water system supervision program in the State 
                        and the revised estimates do not overstate the 
                        resources needed to administer the program.'';
            (2) in paragraph (7), by adding at the end a period and the 
        following:
``For the purpose of making grants under paragraph (1), there are 
authorized to be appropriated such sums as are necessary for each of 
fiscal years 1992 and 1993 and $100,000,000 for each of fiscal years 
1994 through 2003.''; and
            (3) 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.--
                    ``(A) Reservation of funds.--For any fiscal year 
                for which the amount made available to the 
                Administrator by appropriations to carry out this 
                subsection is less than the amount that the 
                Administrator determines is necessary to supplement 
                funds made available pursuant to paragraph (8) to 
                ensure the full and effective administration of a 
                public water system supervision program in a State 
                (based on the resource model developed under paragraph 
                (3)(B)), the Administrator may reserve from the funds 
                made available to the State under section 1472 an 
amount that is equal to the amount of the shortfall.
                    ``(B) Duty of administrator.--If the Administrator 
                reserves funds from the allocation of a State under 
                subparagraph (A), the Administrator shall carry out in 
                the State--
                            ``(i) each of the activities that would be 
                        required of the State if the State had primary 
                        enforcement authority under section 1413; and
                            ``(ii) each of the activities required of 
                        the State by this title, other than part C, but 
                        not made a condition of the authority.''.

SEC. 19. MONITORING AND INFORMATION GATHERING.

    (a) Regulated Contaminants.--
            (1) Review of existing requirements.--Section 1445(a)(1) 
        (42 U.S.C. 300j-4(a)(1)) is amended--
                    (A) by designating the first and second sentences 
                as subparagraphs (A) and (B), respectively; and
                    (B) by adding at the end the following:
                    ``(C) Review.--The Administrator shall not later 
                than 2 years after the date of enactment of this 
                subparagraph, after consultation with public health 
                experts, representatives of the general public, and 
                officials of State and local governments, review the 
                monitoring requirements for not fewer than 12 
                contaminants identified by the Administrator, and 
                promulgate any necessary modifications.''.
            (2) Alternative monitoring programs.--Section 1445(a)(1) 
        (42 U.S.C. 300j-4(a)(1)) (as amended by paragraph (1)(B)) is 
        further amended by adding at the end the following:
                    ``(D) State-established requirements.--
                            ``(i) In general.--Each State with primary 
                        enforcement responsibility under section 1413 
                        may, by rule, establish alternative monitoring 
                        requirements for any national primary drinking 
                        water regulation, other than a regulation 
                        applicable to a microbial contaminant (or an 
                        indicator of a microbial contaminant). The 
                        alternative monitoring requirements established 
                        by a State under this clause may not take 
                        effect for any national primary drinking water 
                        regulation until after completion of at least 1 
                        full cycle of monitoring in the State 
                        satisfying the requirements of paragraphs (1) 
                        and (2) of section 1413(a). The alternative 
                        monitoring requirements may be applicable to 
                        public water systems or classes of public water 
                        systems identified by the State, in lieu of the 
                        monitoring requirements that would otherwise be 
                        applicable under the regulation, if the 
                        alternative monitoring requirements--
                                    ``(I) are based on use of the best 
                                available science conducted in 
                                accordance with sound and objective 
                                scientific practices and data collected 
                                by accepted methods;
                                    ``(II) are based on the potential 
                                for the contaminant to occur in the 
                                source water based on use patterns and 
                                other relevant characteristics of the 
                                contaminant or the systems subject to 
                                the requirements;
                                    ``(III) in the case of a public 
                                water system or class of public water 
                                systems in which a contaminant has been 
                                detected at quantifiable levels that 
                                are not reliably and consistently below 
                                the maximum contaminant level, include 
                                monitoring frequencies that are not 
                                less frequent than the frequencies 
                                required in the national primary 
                                drinking water regulation for the 
                                contaminant for a period of 5 years 
                                after the detection; and
                                    ``(IV) in the case of each 
                                contaminant formed in the distribution 
                                system, are not applicable to public 
                                water systems for which treatment is 
                                necessary to comply with the national 
                                primary drinking water regulation.
                            ``(ii) Compliance and enforcement.--The 
                        alternative monitoring requirements established 
                        by the State shall be adequate to ensure 
                        compliance with, and enforcement of, each 
                        national primary drinking water regulation. The 
                        State may review and update the alternative 
                        monitoring requirements as necessary.
                            ``(iii) Application of section 1413.--
                                    ``(I) In general.--Each State 
                                establishing alternative monitoring 
                                requirements under this subparagraph 
                                shall submit the rule to the 
                                Administrator as provided in section 
                                1413(b)(1). Any requirements for a 
                                State to provide information supporting 
                                a submission shall be defined only in 
                                consultation with the States, and shall 
                                address only such information as is 
                                necessary to make a decision to approve 
                                or disapprove an alternative monitoring 
                                rule in accordance with the following 
                                sentence. The Administrator shall 
                                approve an alternative monitoring rule 
                                submitted under this clause for the 
                                purposes of section 1413, unless the 
                                Administrator determines in writing 
                                that the State rule for alternative 
                                monitoring does not ensure compliance 
                                with, and enforcement of, the national 
                                primary drinking water regulation for 
                                the contaminant or contaminants to 
                                which the rule applies.
                                    ``(II) Exceptions.--The 
                                requirements of section 1413(a)(1) that 
                                a rule be no less stringent than the 
                                national primary drinking water 
                                regulation for the contaminant or 
                                contaminants to which the rule applies 
                                shall not apply to the decision of the 
                                Administrator to approve or disapprove 
                                a rule submitted under this clause. 
                                Notwithstanding the requirements of 
                                section 1413(b)(2), the Administrator 
                                shall approve or disapprove a rule 
                                submitted under this clause within 180 
                                days of submission. In the absence of a 
                                determination to disapprove a rule made 
                                by the Administrator within 180 days, 
                                the rule shall be deemed to be approved 
                                under section 1413(b)(2).
                                    ``(III) Additional 
                                considerations.--A State shall be 
                                considered to have primary enforcement 
                                authority with regard to an alternative 
                                monitoring rule, and the rule shall be 
                                effective, on a date (determined by the 
                                State) any time on or after submission 
                                of the rule, consistent with section 
                                1413(c). A decision by the 
                                Administrator to disapprove an 
                                alternative monitoring rule under 
                                section 1413 or to withdraw the 
                                authority of the State to carry out the 
                                rule under clause (iv) may not be the 
                                basis for withdrawing primary 
                                enforcement responsibility for a 
                                national primary drinking water 
                                regulation or regulations from the 
                                State under section 1413.
                            ``(iv) Oversight by the administrator.--The 
                        Administrator shall review, not less often than 
                        every 5 years, any alternative monitoring 
                        requirements established by a State under 
                        clause (i) to determine whether the 
                        requirements are adequate to ensure compliance 
                        with, and enforcement of, national primary 
                        drinking water regulations. If the 
                        Administrator determines that the alternative 
                        monitoring requirements of a State are 
                        inadequate with respect to a contaminant, and 
                        after providing the State with an opportunity 
                        to respond to the determination of the 
                        Administrator and to correct any inadequacies, 
                        the Administrator may withdraw the authority of 
                        the State to carry out the alternative 
                        monitoring requirements with respect to the 
                        contaminant. If the Administrator withdraws the 
                        authority, the monitoring requirements 
                        contained in the national primary drinking 
                        water regulation for the contaminant shall 
                        apply to public water systems in the State.
                            ``(v) Nonprimacy states.--The Governor of 
                        any State that does not have primary 
                        enforcement responsibility under section 1413 
                        on the date of enactment of this clause may 
                        submit to the Administrator a request that the 
                        Administrator modify the monitoring 
                        requirements established by the Administrator 
                        and applicable to public water systems in that 
                        State. After consultation with the Governor, 
                        the Administrator shall modify the requirements 
                        for public water systems in that State if the 
                        request of the Governor is in accordance with 
each of the requirements of this subparagraph that apply to alternative 
monitoring requirements established by States that have primary 
enforcement responsibility. A decision by the Administrator to approve 
a request under this clause shall be for a period of 3 years and may 
subsequently be extended for periods of 5 years.
                            ``(vi) Guidance.--The Administrator shall 
                        issue guidance in consultation with the States 
                        that States may use to develop State-
                        established requirements pursuant to this 
                        subparagraph and subparagraph (E). The guidance 
                        shall identify options for alternative 
                        monitoring designs that meet the criteria 
                        identified in clause (i) and the requirements 
                        of clause (ii).''.
            (3) Small system monitoring.--Section 1445(a)(1) (42 U.S.C. 
        300j-4(a)(1)) (as amended by paragraph (2)) is further amended 
        by adding at the end the following:
                    ``(E) Small system monitoring.--The Administrator 
                or a State that has primary enforcement responsibility 
                under section 1413 may modify the monitoring 
                requirements for any contaminant, other than a 
                microbial contaminant or an indicator of a microbial 
                contaminant, a contaminant regulated on the basis of an 
                acute health effect, or a contaminant formed in the 
                treatment process or in the distribution system, to 
                provide that any public water system that serves a 
                population of 10,000 or fewer shall not be required to 
                conduct additional quarterly monitoring during any 3-
                year period for a specific contaminant if monitoring 
                conducted at the beginning of the period for the 
                contaminant fails to detect the presence of the 
                contaminant in the water supplied by the public water 
                system, and the Administrator or the State determines 
                that the contaminant is unlikely to be detected by 
                further monitoring in the period.''.
    (b) 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 1995 and every 5 
                        years thereafter, the Administrator shall issue 
                        a list pursuant to subparagraph (A) of not more 
                        than 20 unregulated contaminants to be 
                        monitored by public water systems and to be 
                        included in the national drinking water 
                        occurrence data base maintained pursuant to 
                        paragraph (3).
                            ``(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 by large systems.--A public water 
                system that serves a population of more than 10,000 
                shall conduct monitoring for all contaminants listed 
                under subparagraph (B).
                    ``(D) 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 reserved under section 1478(c), the 
                        Administrator shall pay the reasonable cost of 
                        such testing and laboratory analysis as are 
                        necessary to carry out monitoring under the 
                        plan.
                    ``(E) 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.
                    ``(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 (h) 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 fiscal years 1995 
                through 2003.''.
    (c) National Drinking Water Occurrence Database.--Section 1445(a) 
(42 U.S.C. 300j-4(a)) (as amended by subsection (b)) is further amended 
by adding at the end the following:
            ``(3) National drinking water occurrence database.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of the Safe Drinking Water Act 
                Amendments of 1995, 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 paragraph (2) and reliable 
                information from other public and private sources.
                    ``(B) Use.--The data shall be used by the 
                Administrator in making determinations under section 
                1412(b)(1) with respect to the occurrence of a 
                contaminant in drinking water at a level of public 
                health concern.
                    ``(C) 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 paragraph (2). 
                Any recommendation submitted under this clause shall be 
                accompanied by reasonable documentation that--
                            ``(i) the contaminant occurs or is likely 
                        to occur in drinking water; and
                            ``(ii) the contaminant poses a risk to 
                        public health.
                    ``(D) Public availability.--The information from 
                the data base shall be available to the public in 
                readily accessible form.
                    ``(E) 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).
                    ``(F) Unregulated contaminants.--With respect to 
                contaminants for which a national primary drinking 
                water regulation has not been established, the data 
                base shall include--
                            ``(i) monitoring information collected by 
                        public water systems that serve a population of 
                        more than 10,000, as required by the 
                        Administrator under paragraph (2);
                            ``(ii) monitoring information collected by 
                        the States from a representative sampling of 
                        public water systems that serve a population of 
                        10,000 or fewer; and
                            ``(iii) other reliable and appropriate 
                        monitoring information on the occurrence of the 
                        contaminants in public water systems that is 
                        available to the Administrator.''.
    (d) Information.--
            (1) Monitoring and testing authority.--Subparagraph (A) of 
        section 1445(a)(1) (42 U.S.C. 300j-4(a)(1)) (as designated by 
        subsection (a)(1)(A)) is amended--
                    (A) by inserting ``by accepted methods'' after 
                ``conduct such monitoring''; and
                    (B) by striking ``such information as the 
                Administrator may reasonably require'' and all that 
                follows through the period at the end and inserting the 
                following: ``such information as the Administrator may 
                reasonably require--
            ``(i) to assist the Administrator in establishing 
        regulations under this title or to assist the Administrator in 
        determining, on a case-by-case basis, whether the person has 
        acted or is acting in compliance with this title; and
            ``(ii) by regulation to assist the Administrator in 
        determining compliance with national primary drinking water 
        regulations promulgated under section 1412 or in administering 
        any program of financial assistance under this title.
If the Administrator is requiring monitoring for purposes of testing 
new or alternative methods, the Administrator may require the use of 
other than accepted methods. Information requirements imposed by the 
Administrator pursuant to the authority of this subparagraph that 
require monitoring, the establishment or maintenance of records or 
reporting, by a substantial number of public water systems (determined 
in the sole discretion of the Administrator), shall be established by 
regulation as provided in clause (ii).''.
            (2) Screening methods.--Section 1445 (42 U.S.C. 300j-4) (as 
        amended by section 12(c)) is further amended by adding at the 
        end the following:
    ``(h) 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. 20. PUBLIC NOTIFICATION.

    Section 1414 (42 U.S.C. 300g-3) is amended by striking subsection 
(c) and inserting the following:
    ``(c) Notice to Persons Served.--
            ``(1) In general.--Each owner or operator of a public water 
        system shall give notice to the persons served by the system--
                    ``(A) 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 section 1415(a)(1)(A), 
                1415(a)(2), or 1415(e) for an inability to meet a 
                maximum contaminant level requirement or is subject to 
                an exemption granted under section 1416, 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; and
                    ``(C) 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--
                                    ``(I) the violation;
                                    ``(II) any potential adverse health 
                                effects; and
                                    ``(III) 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, 1997, 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, 1997, 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.''.

SEC. 21. ENFORCEMENT; JUDICIAL REVIEW.

    (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by striking 
                                ``any national primary drinking water 
                                regulation in effect under section 
                                1412'' and inserting ``any applicable 
                                requirement''; and
                                    (II) by striking ``with such 
                                regulation or requirement'' and 
                                inserting ``with the requirement''; and
                            (ii) in subparagraph (B), by striking 
                        ``regulation or'' and inserting ``applicable''; 
                        and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(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 the first sentence of subsection (b), by striking 
        ``a national primary drinking water regulation'' and inserting 
        ``any applicable requirement'';
            (3) in subsection (g)--
                    (A) in paragraph (1), by striking ``regulation, 
                schedule, or other'' each place it appears and 
                inserting ``applicable'';
                    (B) in paragraph (2)--
                            (i) in the first sentence--
                                    (I) by striking ``effect until 
                                after notice and opportunity for public 
                                hearing and,'' and inserting 
                                ``effect,''; and
                                    (II) by striking ``proposed order'' 
                                and inserting ``order''; and
                            (ii) in the second sentence, by striking 
                        ``proposed to be''; and
                    (C) in paragraph (3)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Effect of penalty amounts.--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.''; and
                            (ii) in subparagraph (C), by striking 
                        ``paragraph exceeds $5,000'' and inserting 
                        ``subsection for a violation of an applicable 
                        requirement exceeds $25,000''; and
            (4) by adding at the end the following:
    ``(h) Consolidation Incentive.--
            ``(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--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) has adopted authority for administrative penalties 
        (unless the constitution of the State prohibits the adoption of 
        the authority) in a maximum amount--
                    ``(A) in the case of a system serving a population 
                of more than 10,000, that is not less than $1,000 per 
                day per violation; and
                    ``(B) in the case of any other system, that is 
                adequate to ensure compliance (as determined by the 
                State);
        except that a State may establish a maximum limitation on the 
        total amount of administrative penalties that may be imposed on 
        a public water system per violation.''.
    (c) Judicial Review.--Section 1448(a) (42 U.S.C. 300j-7(a)) is 
amended--
            (1) in paragraph (2) of the first sentence, by inserting 
        ``final'' after ``any other'';
            (2) in the second sentence, by striking ``or issuance of 
        the order'' and inserting ``or any other final Agency action''; 
        and
            (3) by adding at the end the following ``In any petition 
        concerning the assessment of a civil penalty pursuant to 
        section 1414(g)(3)(B), the petitioner shall simultaneously send 
        a copy of the complaint by certified mail to the Administrator 
        and the Attorney 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.''.

SEC. 22. FEDERAL AGENCIES.

    (a) In General.--Subsections (a) and (b) of section 1447 (42 U.S.C. 
300j-6) are amended to read as follows:
    ``(a) Compliance.--
            ``(1) In general.--Each Federal agency shall be subject to, 
        and comply with, all Federal, State, interstate, and local 
        substantive and procedural requirements, administrative 
        authorities, and process and sanctions concerning the provision 
        of safe drinking water or underground injection in the same 
        manner, and to the same extent, as any nongovernmental entity 
        is subject to, and shall comply with, the requirements, 
        authorities, and process and sanctions.
            ``(2) Administrative orders and penalties.--The Federal, 
        State, interstate, and local substantive and procedural 
        requirements, administrative authorities, and process and 
        sanctions referred to in paragraph (1) include all 
        administrative orders and all civil and administrative 
        penalties or fines, regardless of whether the penalties or 
        fines are punitive or coercive in nature or are imposed for 
        isolated, intermittent, or continuing violations.
            ``(3) Limited waiver of sovereign immunity.--The United 
        States expressly waives any immunity otherwise applicable to 
        the United States with respect to any requirement, 
        administrative authority, or process or sanction referred to in 
        paragraph (2) (including any injunctive relief, administrative 
        order, or civil or administrative penalty or fine referred to 
        in paragraph (2), or reasonable service charge). The reasonable 
        service charge referred to in the preceding sentence includes--
                    ``(A) a fee or charge assessed in connection with 
                the processing, issuance, renewal, or amendment of a 
                permit, variance, or exemption, review of a plan, 
                study, or other document, or inspection or monitoring 
                of a facility; and
                    ``(B) any other nondiscriminatory charge that is 
                assessed in connection with a Federal, State, 
                interstate, or local safe drinking water regulatory 
                program.
            ``(4) Civil penalties.--No agent, employee, or officer of 
        the United States shall be personally liable for any civil 
        penalty under this subsection with respect to any act or 
        omission within the scope of the official duties of the agent, 
        employee, or officer.
            ``(5) Criminal sanctions.--An agent, employee, or officer 
        of the United States may be subject to a criminal sanction 
        under a State, interstate, or local law concerning the 
        provision of drinking water or underground injection. No 
        department, agency, or instrumentality of the executive, 
        legislative, or judicial branch of the Federal Government shall 
        be subject to a sanction referred to in the preceding sentence.
    ``(b) Waiver of Compliance.--
            ``(1) In general.--The President may waive compliance with 
        subsection (a) by any department, agency, or instrumentality in 
        the executive branch if the President determines waiving 
        compliance with such subsection to be in the paramount interest 
        of the United States.
            ``(2) Waivers due to lack of appropriations.--No waiver 
        described in paragraph (1) shall be granted due to the lack of 
        an appropriation unless the President has specifically 
        requested the appropriation as part of the budgetary process 
        and Congress has failed to make available the requested 
        appropriation.
            ``(3) Period of waiver.--A waiver under this subsection 
        shall be for a period of not to exceed 1 year, but an 
        additional waiver may be granted for a period of not to exceed 
        1 year on the termination of a waiver if the President reviews 
        the waiver and makes a determination that it is in the 
        paramount interest of the United States to grant an additional 
        waiver.
            ``(4) Report.--Not later than January 31 of each year, the 
        President shall report to Congress on each waiver granted 
        pursuant to this subsection during the preceding calendar year, 
        together with the reason for granting the waiver.''.
    (b) Administrative Penalty Orders.--Section 1447 (42 U.S.C. 300j-6) 
is amended by adding at the end the following:
    ``(d) 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) Citizen Enforcement.--The first sentence of section 1449(a) (42 
U.S.C. 300j-8(a)) is amended--
            (1) in paragraph (1), by striking ``, or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) for the collection of a penalty (and associated costs 
        and interest) against any Federal agency that fails, by the 
        date that is 1 year after the effective date of a final order 
        to pay a penalty assessed by the Administrator under section 
        1447(d), to pay the penalty.''.
    (d) Washington Aqueduct.--Section 1447 (42 U.S.C. 300j-6) (as 
amended by subsection (b)) is further amended by adding at the end the 
following:
    ``(e) Washington Aqueduct.--The Washington Aqueduct Authority, the 
Army Corps of Engineers, and the Secretary of the Army shall not pass 
the cost of any penalty assessed under this title on to any customer, 
user, or other purchaser of drinking water from the Washington Aqueduct 
system, including finished water from the Dalecarlia or McMillan 
treatment plant.''.

SEC. 23. RESEARCH.

    Section 1442 (42 U.S.C. 300j-1) (as amended by section 12(d)) is 
further amended--
            (1) by redesignating paragraph (3) of subsection (b) as 
        paragraph (3) of subsection (d) and moving such paragraph to 
        appear after paragraph (2) of subsection (d);
            (2) by striking subsection (b) (as so amended);
            (3) by redesignating subparagraph (B) of subsection (a)(2) 
        as subsection (b) and moving such subsection to appear after 
        subsection (a);
            (4) in subsection (a)--
                    (A) by striking paragraph (2) (as so amended) and 
                inserting the following:
            ``(2) Information and research facilities.--In carrying out 
        this title, the Administrator is authorized to--
                    ``(A) collect and make available information 
                pertaining to research, investigations, and 
                demonstrations with respect to providing a dependably 
                safe supply of drinking water, together with 
                appropriate recommendations in connection with the 
                information; and
                    ``(B) make available research facilities of the 
                Agency to appropriate public authorities, institutions, 
                and individuals engaged in studies and research 
                relating to this title.'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (11) as paragraph 
                (3) and moving such paragraph to appear before 
                paragraph (4); and
                    (D) by adding at the end the following:
            ``(11) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator to carry out 
        research authorized by this section $25,000,000 for each of 
        fiscal years 1994 through 2003, of which $4,000,000 shall be 
        available for each fiscal year for research on the health 
        effects of arsenic in drinking water.'';
            (5) in subsection (b) (as so amended)--
                    (A) by striking ``subparagraph'' each place it 
                appears and inserting ``subsection''; and
                    (B) by adding at the end the following: ``There are 
                authorized to be appropriated to carry out this 
                subsection $8,000,000 for each of fiscal years 1995 
                through 2003.'';
            (6) in the first sentence of subsection (c), by striking 
        ``eighteen months after the date of enactment of this 
        subsection'' and inserting ``2 years after the date of 
        enactment of the Safe Drinking Water Act Amendments of 1995, 
        and every 5 years thereafter'';
            (7) in subsection (d) (as amended by paragraph (1))--
                    (A) in paragraph (1), by striking ``, and'' at the 
                end and inserting a semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting a semicolon;
                    (C) in paragraph (3), by striking the period at the 
                end and inserting ``; and'';
                    (D) by inserting after paragraph (3) the following:
            ``(4) develop and maintain a system for forecasting the 
        supply of, and demand for, various professional occupational 
        categories and other occupational categories needed for the 
        protection and treatment of drinking water in each region of 
        the United States.''; and
                    (E) by adding at the end the following: ``There are 
                authorized to be appropriated to carry out this 
                subsection $10,000,000 for each of fiscal years 1994 
                through 2003.''; and
            (8) by adding at the end the following:
    ``(i) Biological Mechanisms.--In carrying out this section, the 
Administrator shall conduct studies to--
            ``(1) understand the 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 
        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.
    ``(j) Research Priorities.--To establish long-term priorities for 
research under this section, the Administrator shall develop, and 
periodically update, an integrated risk characterization strategy for 
drinking water quality. The strategy shall identify unmet needs, 
priorities for study, and needed improvements in the scientific basis 
for activities carried out under this title. The initial strategy shall 
be made available to the public not later than 3 years after the date 
of enactment of this subsection.
    ``(k) Research Plan for Harmful Substances in Drinking Water.--
            ``(1) Development of plan.--The Administrator shall--
                    ``(A) not later than 180 days after the date of 
                enactment of this subsection, after consultation with 
                the Secretary of Health and Human Services, the 
                Secretary of Agriculture, and, as appropriate, the 
                heads of other Federal agencies, develop a research 
                plan to support the development and implementation of 
                the most current version of the--
                            ``(i) enhanced surface water treatment rule 
                        (59 Fed. Reg. 38832 (July 29, 1994));
                            ``(ii) disinfectant and disinfection 
                        byproducts rule (Stage 2) (59 Fed. Reg. 38668 
                        (July 29, 1994)); and
                            ``(iii) ground water disinfection rule 
                        (availability of draft summary announced at 57 
                        Fed. Reg. 33960 (July 31, 1992)); and
                    ``(B) carry out the research plan, after 
                consultation and appropriate coordination with the 
                Secretary of Agriculture and the heads of other Federal 
                agencies.
            ``(2) Contents of plan.--
                    ``(A) In general.--The research plan shall include, 
                at a minimum--
                            ``(i) an identification and 
                        characterization of new disinfection byproducts 
                        associated with the use of different 
                        disinfectants;
                            ``(ii) 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;
                            ``(iii) toxicological studies and, if 
                        warranted, epidemiological studies to quantify 
                        the carcinogenic potential from exposure to 
                        disinfection byproducts resulting from 
                        different disinfectants;
                            ``(iv) the development of practical 
                        analytical methods for detecting and 
                        enumerating microbial contaminants, including 
                        giardia, cryptosporidium, and viruses;
                            ``(v) the development of reliable, 
                        efficient, and economical methods to determine 
                        the viability of individual cryptosporidium 
                        oocysts;
                            ``(vi) the development of dose-response 
                        curves for pathogens, including cryptosporidium 
                        and the Norwalk virus;
                            ``(vii) the development of indicators that 
                        define treatment effectiveness for pathogens 
                        and disinfection byproducts; and
                            ``(viii) bench, pilot, and full-scale 
                        studies and demonstration projects to evaluate 
                        optimized conventional treatment, ozone, 
                        granular activated carbon, and membrane 
                        technology for controlling pathogens (including 
                        cryptosporidium) and disinfection byproducts.
                    ``(B) Risk definition strategy.--The research plan 
                shall include a strategy for determining the risks and 
                estimated extent of disease resulting from pathogens, 
                disinfectants, and disinfection byproducts in drinking 
                water, and the costs and removal efficiencies 
                associated with various control methods for pathogens, 
                disinfectants, and disinfection byproducts.
            ``(3) Implementation of plan.--In carrying out the research 
        plan, the Administrator shall use the most cost-effective 
        mechanisms available, including coordination of research with, 
        and use of matching funds from, institutions and utilities.
            ``(4) 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.
    ``(l) Subpopulations at Greater Risk.--
            ``(1) Research plan.--The Administrator shall conduct a 
        continuing program of peer-reviewed research to identify groups 
        within the general population that may be at greater risk than 
        the general population of adverse health effects from exposure 
        to contaminants in drinking water. Not later than 1 year after 
        the date of enactment of this subsection, the Administrator 
        shall develop and implement a research plan to establish 
        whether and to what degree infants, children, pregnant women, 
        the elderly, individuals with a history of serious illness, or 
        other subpopulations that can be identified and characterized 
        are likely to experience elevated health risks, including risks 
        of cancer, from contaminants in drinking water.
            ``(2) Contents of plan.--To the extent appropriate, the 
        research shall be--
                    ``(A) integrated into the health effects research 
                plan carried out by the Administrator to support the 
                regulation of specific contaminants under this Act; and
                    ``(B) designed to identify--
                            ``(i) the nature and extent of the elevated 
                        health risks, if any;
                            ``(ii) the groups likely to experience the 
                        elevated health risks;
                            ``(iii) biological mechanisms and other 
                        factors that may contribute to elevated health 
                        risks for groups within the general population;
                            ``(iv) the degree of variability of the 
                        health risks to the groups from the health 
                        risks to the general population;
                            ``(v) the threshold, if any, at which the 
                        elevated health risks for a specific 
                        contaminant occur; and
                            ``(vi) the probability of the exposure to 
                        the contaminants by the identified group.
            ``(3) Report.--Not later than 4 years after the date of 
        enactment of this subsection and periodically thereafter as new 
        and significant information becomes available, the 
        Administrator shall report to Congress on the results of the 
        research.
            ``(4) Use of research.--In characterizing the health 
        effects of drinking water contaminants under this Act, the 
        Administrator shall consider all relevant factors, including 
        the results of research under this subsection, the margin of 
        safety for variability in the general population, and sound 
        scientific practices (including the 1993 and 1994 reports of 
        the National Academy of Sciences) regarding subpopulations at 
        greater risk for adverse health effects.''.

SEC. 24. DEFINITIONS.

    (a) In General.--Section 1401 (42 U.S.C. 300f) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D), by inserting ``accepted 
                methods for'' before ``quality control''; and
                    (B) by adding at the end the following:
        ``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. The procedures shall be treated as an 
        alternative for public water systems to the quality control and 
        testing procedures listed in the regulation.'';
            (2) in paragraph (13)--
                    (A) by striking ``The'' and inserting ``(A) Except 
                as provided in subparagraph (B), the''; and
                    (B) by adding at the end the following:
            ``(B) For purposes of part G, the term `State' means each 
        of the 50 States and the Commonwealth of Puerto Rico.'';
            (3) in paragraph (14), by adding at the end the following: 
        ``For purposes of part G, the term includes any Native village 
        (as defined in section 3(c) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(c))).''; and
            (4) by adding at the end the following:
            ``(15) Community water system.--The term `community water 
        system' means a public water system that--
                    ``(A) serves at least 15 service connections used 
                by year-round residents of the area served by the 
                system; or
                    ``(B) regularly serves at least 25 year-round 
                residents.
            ``(16) Noncommunity water system.--The term `noncommunity 
        water system' means a public water system that is not a 
        community water system.''.
    (b) Public Water System.--
            (1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is 
        amended--
                    (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 and cooking; 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 and cooking 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 use shall not be 
                        considered to be a public water system if the 
                        system or the residential 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 1995 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 during such two-year 
                period the water supplier complies with the monitoring 
                requirements of the Surface Water Treatment Rule and no 
                indicator of microbial contamination is exceeded during 
                that period. 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.''.

SEC. 25. WATERSHED AND GROUND WATER PROTECTION.

    (a) State Ground Water Protection Grants.--Section 1443 (42 U.S.C. 
300j-2) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) State Ground Water Protection Grants.--
            ``(1) In general.--The Administrator may make a grant to a 
        State for the development and implementation of a State program 
        to ensure the coordinated and comprehensive protection of 
        ground water resources within the State.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of the Safe Drinking Water Act Amendments of 1995, 
        and annually thereafter, the Administrator shall publish 
        guidance that establishes procedures for application for State 
        ground water protection program assistance and that identifies 
key elements of State ground water protection programs.
            ``(3) Conditions of grants.--
                    ``(A) In general.--The Administrator shall award 
                grants to States that submit an application that is 
                approved by the Administrator. The Administrator shall 
                determine the amount of a grant awarded pursuant to 
                this paragraph on the basis of an assessment of the 
                extent of ground water resources in the State and the 
                likelihood that awarding the grant will result in 
                sustained and reliable protection of ground water 
                quality.
                    ``(B) Innovative program grants.--The Administrator 
                may also award a grant pursuant to this paragraph for 
                innovative programs proposed by a State for the 
                prevention of ground water contamination.
                    ``(C) Allocation of funds.--The Administrator 
                shall, at a minimum, ensure that, for each fiscal year, 
                not less than 1 percent of funds made available to the 
                Administrator by appropriations to carry out this 
                subsection are allocated to each State that submits an 
                application that is approved by the Administrator 
                pursuant to this subsection.
                    ``(D) Limitation on grants.--No grant awarded by 
                the Administrator may be used for a project to 
                remediate ground water contamination.
            ``(4) Coordination with other grant programs.--The awarding 
        of grants by the Administrator pursuant to this subsection 
        shall be coordinated with the awarding of grants pursuant to 
        section 319(i) of the Federal Water Pollution Control Act (33 
        U.S.C. 1329(i)) and the awarding of other Federal grant 
        assistance that provides funding for programs related to ground 
        water protection.
            ``(5) Amount of grants.--The amount of a grant awarded 
        pursuant to paragraph (1) shall not exceed 50 percent of the 
        eligible costs of carrying out the ground water protection 
        program that is the subject of the grant (as determined by the 
        Administrator) for the 1-year period beginning on the date that 
        the grant is awarded. The State shall pay a State share to 
        cover the costs of the ground water protection program from 
        State funds in an amount that is not less than 50 percent of 
        the cost of conducting the program.
            ``(6) Evaluations and reports.--Not later than 3 years 
        after the date of enactment of the Safe Drinking Water Act 
        Amendments of 1995, and every 3 years thereafter, the 
        Administrator shall evaluate the State ground water protection 
        programs that are the subject of grants awarded pursuant to 
        this subsection and report to Congress on the status of ground 
        water quality in the United States and the effectiveness of 
        State programs for ground water protection.
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $20,000,000 for each of fiscal years 1995 through 2003.''.
    (b) Critical Aquifer Protection.--Section 1427 (42 U.S.C. 300h-6) 
is amended--
            (1) in subsection (b)(1), by striking ``not later than 24 
        months after the enactment of the Safe Drinking Water Act 
        Amendments of 1986''; and
            (2) in the first sentence of subsection (n), by adding at 
        the end the following:

``1992-2003..........................................    15,000,000.''.
    (c) Wellhead Protection Areas.--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.--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.''.
    (e) Report to Congress on Private Drinking Water.--Section 1450 (42 
U.S.C. 300j-9) is amended by striking subsection (h) and inserting the 
following:
    ``(h) Report to Congress on Private Drinking Water.--The 
Administrator shall conduct a study to determine the extent and 
seriousness of contamination of private sources of drinking water that 
are not regulated under this title. Not later than 3 years after the 
date of enactment of the Safe Drinking Water Act Amendments of 1995, 
the Administrator shall submit to Congress a report that includes the 
findings of the study and recommendations by the Administrator 
concerning responses to any problems identified under the study. In 
designing and conducting the study, including consideration of research 
design, methodology, and conclusions and recommendations, the 
Administrator shall consult with experts outside the Agency, including 
scientists, hydrogeologists, well contractors and suppliers, and other 
individuals knowledgeable in ground water protection and 
remediation.''.
    (f) National Center for Ground Water Research.--The Administrator 
of the Environmental Protection Agency, acting through the Robert S. 
Kerr Environmental Research Laboratory, is authorized to reestablish a 
partnership between the Laboratory and the National Center for Ground 
Water Research, a university consortium, to conduct research, training, 
and technology transfer for ground water quality protection and 
restoration.
    (g) Watershed Protection Demonstration Program.--
            (1) The heading of section 1443 (42 U.S.C.) is amended to 
        read as follows:
    ``Grants for State and local programs''
            (2) Section 1443 (42 U.S.C.) is amended by adding at the 
        end thereof the following:
    ``(e) Watershed Protection Demonstration Program.--
            ``(1) In general.--
                    ``(A) Assistance for demonstration projects.--The 
                Administrator is authorized to provide technical and 
                financial assistance to units of State or local 
                government for projects that demonstrate and assess 
                innovative and enhanced methods and practices to 
                develop and implement watershed protection programs 
                including methods and practices that protect both 
                surface and ground water. In selecting projects for 
                assistance under this subsection, the Administrator 
                shall give priority to projects that are carried out to 
                satisfy criteria published under section 1412(b)(7)(C) 
                or that are identified through programs developed and 
                implemented pursuant to section 1428.
                    ``(B) 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.
            ``(2) New York City Watershed Protection Program.--
                    ``(A) In general.--Pursuant to the authority of 
                paragraph (1), 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. 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 and shall 
                include those projects that demonstrate, assess, or 
                provide for comprehensive monitoring, surveillance, and 
                research with respect to the efficacy of phosphorus 
                offsets or trading, wastewater diversion, septic system 
                siting and maintenance, innovative or enhanced 
                wastewater treatment technologies, innovative 
                methodologies for the control of storm water runoff, 
                urban, agricultural, and forestry best management 
                practices for controlling nonpoint source pollution, 
                operator training, compliance surveillance and that 
                establish watershed or basin-wide coordinating, 
                planning or governing organizations. In certifying 
                projects to the Administrator, the State of New York 
                shall give priority to these monitoring and research 
                projects that have undergone peer review.
                    ``(B) 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) Authorization.--There are authorized to be 
        appropriated to the Administrator such sums as are necessary to 
        carry out this subsection for each of fiscal years 1997 through 
        2003 including $15,000,000 for each of such fiscal years for 
        the purpose of providing assistance to the State of New York to 
        carry out paragraph (2).''.

SEC. 26. LEAD PLUMBING AND PIPES; RETURN FLOWS.

    (a) Fittings and Fixtures.--Section 1417 (42 U.S.C. 300g-6) is 
amended--
            (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.'';
                    (B) in paragraph (2)(A), by inserting after 
                ``Each'' the following: ``owner or operator of a''; and
                    (C) by adding at the end 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.'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``lead, and'' and 
                inserting ``lead;'';
                    (B) in paragraph (2), by striking ``lead.'' 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).''; and
            (3) 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.''.
    (b) Water Return Flows.--Section 3013 of Public Law 102-486 (42 
U.S.C. 13551) is repealed.
    (c) Records and Inspections.--Subparagraph (A) of section 
1445(a)(1) (42 U.S.C. 300j-4(a)(1)) (as designated by section 
19(a)(1)(A)) is amended by striking ``Every person'' and all that 
follows through ``is a grantee,'' and inserting ``Every person who is 
subject to any requirement of this title or who is a grantee''.

SEC. 27. BOTTLED WATER.

    Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
349) is amended--
            (1) by striking ``Whenever'' and inserting ``(a) Except as 
        provided in subsection (b), whenever''; and
            (2) by adding at the end the following:
    ``(b)(1) After the Administrator of the Environmental Protection 
Agency publishes a proposed maximum contaminant level, but not later 
than 180 days after the Administrator of the Environmental Protection 
Agency publishes a final maximum contaminant level, for a contaminant 
under section 1412 of the Public Health Service Act (42 U.S.C. 300g-1), 
the Secretary, after public notice and comment, shall issue a 
regulation that establishes a quality level for the contaminant in 
bottled water or make a finding that a regulation is not necessary to 
protect the public health because the contaminant is contained in water 
in the public water systems (as defined under section 1401(4) of such 
Act (42 U.S.C. 300f(4)) and not in water used for bottled drinking 
water. In the case of any contaminant for which a national primary 
drinking water regulation was promulgated before the date of enactment 
of the Safe Drinking Water Act Amendments of 1995, the Secretary shall 
issue the regulation or make the finding required by this paragraph not 
later than 1 year after that date.
    ``(2) The regulation shall include any monitoring requirements that 
the Secretary determines to be appropriate for bottled water.
    ``(3) The regulation--
            ``(A) shall require that the quality level for the 
        contaminant in bottled water be as stringent as the maximum 
        contaminant level for the contaminant published by the 
        Administrator of the Environmental Protection Agency; and
            ``(B) may require that the quality level be more stringent 
        than the maximum contaminant level if necessary to provide 
        ample public health protection under this Act.
    ``(4)(A) If the Secretary fails to establish a regulation within 
the period described in paragraph (1), the regulation with respect to 
the final maximum contaminant level published by the Administrator of 
the Environmental Protection Agency (as described in such paragraph) 
shall be considered, as of the date on which the Secretary is required 
to establish a regulation under paragraph (1), as the final regulation 
for the establishment of the quality level for a contaminant required 
under paragraph (1) for the purpose of establishing or amending a 
bottled water quality level standard with respect to the contaminant.
    ``(B) Not later than 30 days after the end of the period described 
in paragraph (1), the Secretary shall, with respect to a maximum 
contaminant level that is considered as a quality level under 
subparagraph (A), publish a notice in the Federal Register that sets 
forth the quality level and appropriate monitoring requirements 
required under paragraphs (1) and (2) and that provides that the 
quality level standard and requirements shall take effect on the date 
on which the final regulation of the maximum contaminant level takes 
effect or 18 months after the notice is issued pursuant to this 
subparagraph, whichever is later.''.

SEC. 28. OTHER AMENDMENTS.

    (a) Capital Improvements for the Washington Aqueduct.--
            (1) Authorizations.--
                    (A) Authorization of modernization.--Subject to 
                approval in, and in such amounts as may be provided in 
                appropriations Acts, the Chief of Engineers of the Army 
                Corps of Engineers is authorized to modernize the 
                Washington Aqueduct.
                    (B) Authorization of appropriations.--There is 
                authorized to be appropriated to the Army Corps of 
                Engineers borrowing authority in amounts sufficient to 
                cover the full costs of modernizing the Washington 
                Aqueduct. The borrowing authority shall be provided by 
                the Secretary of the Treasury, under such terms and 
                conditions as are established by the Secretary of the 
                Treasury, after a series of contracts with each public 
                water supply customer has been entered into under 
                paragraph (2).
            (2) Contracts with public water supply customers.--
                    (A) Contracts to repay corps debt.--To the extent 
                provided in appropriations Acts, and in accordance with 
                subparagraphs (B) and (C), the Chief of Engineers of 
                the Army Corps of Engineers is authorized to enter into 
                a series of contracts with each public water supply 
                customer under which the customer commits to repay a 
                pro-rata share of the principal and interest owed by 
                the Army Corps of Engineers to the Secretary of the 
                Treasury under paragraph (1). Under each of the 
                contracts, the customer that enters into the contract 
                shall commit to pay any additional amount necessary to 
                fully offset the risk of default on the contract.
                    (B) Offsetting of risk of default.--Each contract 
                under subparagraph (A) shall include such additional 
                terms and conditions as the Secretary of the Treasury 
                may require so that the value to the Government of the 
                contracts is estimated to be equal to the obligational 
authority used by the Army Corps of Engineers for modernizing the 
Washington Aqueduct at the time that each series of contracts is 
entered into.
                    (C) Other conditions.--Each contract entered into 
                under subparagraph (A) shall--
                            (i) provide that the public water supply 
                        customer pledges future income from fees 
                        assessed to operate and maintain the Washington 
                        Aqueduct;
                            (ii) provide the United States priority 
                        over all other creditors; and
                            (iii) include other conditions that the 
                        Secretary of the Treasury determines to be 
                        appropriate.
            (3) Borrowing authority.--Subject to an appropriation under 
        paragraph (1)(B) and after entering into a series of contracts 
        under paragraph (2), the Secretary, acting through the Chief of 
        Engineers of the Army Corps of Engineers, shall seek borrowing 
        authority from the Secretary of the Treasury under paragraph 
        (1)(B).
            (4) Definitions.--In this subsection:
                    (A) Public water supply customer.--The term 
                ``public water supply customer'' means the District of 
                Columbia, the county of Arlington, Virginia, and the 
                city of Falls Church, Virginia.
                    (B) Value to the government.--The term ``value to 
                the Government'' means the net present value of a 
                contract under paragraph (2) calculated under the rules 
                set forth in subparagraphs (A) and (B) of section 
                502(5) of the Congressional Budget Act of 1974 (2 
                U.S.C. 661a(5)), excluding section 502(5)(B)(i) of such 
                Act, as though the contracts provided for the repayment 
                of direct loans to the public water supply customers.
                    (C) Washington aqueduct.--The term ``Washington 
                Aqueduct'' means the water supply system of treatment 
                plants, raw water intakes, conduits, reservoirs, 
                transmission mains, and pumping stations owned by the 
                Federal Government located in the metropolitan 
                Washington, District of Columbia, area.
    (b) Drinking Water Advisory Council.--The second sentence of 
section 1446(a) (42 U.S.C. 300j-6(a)) is amended by inserting before 
the period at the end the following: ``, of which two such members 
shall be associated with small, rural public water systems''.
    (c) Short Title.--
            (1) In general.--The title (42 U.S.C. 1401 et seq.) is 
        amended by inserting after the title heading the following:

                             ``short title

    ``Sec. 1400. This title may be cited as the `Safe Drinking Water 
Act'.''.
            (2) Conforming amendment.--Section 1 of Public Law 93-523 
        (88 Stat. 1660) is amended by inserting ``of 1974'' after 
        ``Water Act''.
    (d) Technical Amendments to Section Headings.--
            (1) The section heading and subsection designation of 
        subsection (a) of section 1417 (42 U.S.C. 300g-6) are amended 
        to read as follows:

     ``prohibition on use of lead pipes, fittings, solder, and flux

    ``Sec. 1417. (a)''.
            (2) The section heading and subsection designation of 
        subsection (a) of section 1426 (42 U.S.C. 300h-5) are amended 
        to read as follows:

                     ``regulation of state programs

    ``Sec. 1426. (a)''.
            (3) The section heading and subsection designation of 
        subsection (a) of section 1427 (42 U.S.C. 300h-6) are amended 
        to read as follows:

              ``sole source aquifer demonstration program

    ``Sec. 1427. (a)''.
            (4) The section heading and subsection designation of 
        subsection (a) of section 1428 (42 U.S.C. 300h-7) are amended 
        to read as follows:

        ``state programs to establish wellhead protection areas

    ``Sec. 1428. (a)''.
            (5) The section heading and subsection designation of 
        subsection (a) of section 1432 (42 U.S.C. 300i-1) are amended 
        to read as follows:

                 ``tampering with public water systems

    ``Sec. 1432. (a)''.
            (6) The section heading and subsection designation of 
        subsection (a) of section 1451 (42 U.S.C. 300j-11) are amended 
        to read as follows:

                            ``indian tribes

    ``Sec. 1451. (a)''.
            (7) The section heading and first word of section 1461 (42 
        U.S.C. 300j-21) are amended to read as follows:

                             ``definitions

    ``Sec. 1461. As''.
            (8) The section heading and first word of section 1462 (42 
        U.S.C. 300j-22) are amended to read as follows:

        ``recall of drinking water coolers with lead-lined tanks

    ``Sec. 1462. For''.
            (9) The section heading and subsection designation of 
        subsection (a) of section 1463 (42 U.S.C. 300j-23) are amended 
        to read as follows:

                ``drinking water coolers containing lead

    ``Sec. 1463. (a)''.
            (10) The section heading and subsection designation of 
        subsection (a) of section 1464 (42 U.S.C. 300j-24) are amended 
        to read as follows:

             ``lead contamination in school drinking water

    ``Sec. 1464. (a)''.
            (11) The section heading and subsection designation of 
        subsection (a) of section 1465 (42 U.S.C. 300j-25) are amended 
        to read as follows:

``federal assistance for state programs regarding lead contamination in 
                         school drinking water

    ``Sec. 1465. (a)''.
    (e) Prevention and Control of Zebra Mussel Infestation of Lake 
Champlain.--
            (1) Findings.--Section 1002(a) of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) 
        is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) the zebra mussel was discovered on Lake Champlain 
        during 1993 and the opportunity exists to act quickly to 
        establish zebra mussel controls before Lake Champlain is 
        further infested and management costs escalate.''.
            (2) Ex officio members of aquatic nuisance species task 
        force.--Section 1201(c) of such Act (16 U.S.C. 4721(c)) is 
        amended by inserting ``, the Lake Champlain Basin Program,'' 
        after ``Great Lakes Commission''.
            (3) Aquatic nuisance species program.--Subsections (b)(6) 
        and (i)(1) of section 1202 of such Act (16 U.S.C. 4722) is 
        amended by inserting ``, Lake Champlain,'' after ``Great 
        Lakes'' each place it appears.
            (4) Authorization of appropriations.--Section 1301(b) of 
        such Act (16 U.S.C. 4741(b)) is amended--
                    (A) in paragraph (3), by inserting ``, and the Lake 
                Champlain Research Consortium,'' after ``Laboratory''; 
                and
                    (B) in paragraph (4)(A)--
                            (i) by inserting after ``(33 U.S.C. 1121 et 
                        seq.)'' the following: ``and grants to colleges 
                        for the benefit of agriculture and the mechanic 
                        arts referred to in the first section of the 
                        Act of August 30, 1890 (26 Stat 417, chapter 
                        841; 7 U.S.C. 322)''; and
                            (ii) by inserting ``and the Lake Champlain 
                        basin'' after ``Great Lakes region''.
    (f) Southwest Center for Environmental Research and Policy.--
            (1) Establishment of center.--The Administrator of the 
        Environmental Protection Agency shall take such action as may 
        be necessary to establish the Southwest Center for 
        Environmental Research and Policy (hereinafter referred to as 
        ``the Center'').
            (2) Members of the center.--The Center shall consist of a 
        consortium of American and Mexican universities, including New 
        Mexico State University; the University of Utah; the University 
        of Texas at El Paso; San Diego State University; Arizona State 
        University; and four educational institutions in Mexico.
            (3) Functions.--Among its functions, the Center shall--
                    (A) conduct research and development programs, 
                projects and activities, including training and 
                community service, on United States-Mexico border 
                environmental issues, with particular emphasis on water 
                quality and safe drinking water;
                    (B) provide objective, independent assistance to 
                the EPA and other Federal, State and local agencies 
                involved in environmental policy, research, training 
                and enforcement, including matters affecting water 
                quality and safe drinking water throughout the 
                southwest border region of the United States; and
                    (C) help to coordinate and facilitate the 
                improvement of environmental policies and programs 
                between the United States and Mexico, including water 
                quality and safe drinking water policies and programs.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator $10,000,000 for each of 
        the fiscal years 1996 through 2003 to carry out the programs, 
        projects and activities of the Center. Funds made available 
        pursuant to this paragraph shall be distributed by the 
        Administrator to the university members of the Center located 
        in the United States.
    (g) Estrogenic Substances Screening Program.--
            (1)  Development.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator shall develop a 
        screening program, using appropriate validated test systems, 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.
            (2) Implementation.--Not later than 2 years after the date 
        of enactment of this subsection, after obtaining review of the 
        screening program described in paragraph 1 by the scientific 
        advisory panel established under section 25(d) of the Act of 
        June 25, 1947 (chapter 125), and 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.
            (3) Substances.--In carrying out the screening program 
        described in paragraph (1), the Administrator 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)), and may provide for the testing of any 
        other substance if the Administrator determines that a 
        widespread population may be exposed to the substance.
            (4) Exemption.--Notwithstanding paragraph (3), the 
        Administrator may, by regulation, exempt from the requirements 
        of this subsection a biologic substance or other substance if 
        the Administrator determines that the substance does not have 
        any effect in humans similar to an effect produced by a 
        naturally occurring estrogen.
            (5) Collection of information.--
                    (A) In general.--The Administrator shall issue an 
                order to a person that manufactures a substance for 
                which testing is required under this subsection to 
                conduct testing in accordance with the screening 
                program described in paragraph (1), and submit 
                information obtained from the testing to the 
                Administrator, within a time period that the 
                Administrator determines is sufficient for the 
                generation of the information.
                    (B) Failure to submit information.--
                            (i) Suspension.--If a person referred to in 
                        subparagraph (A) fails to submit the 
                        information required under such subparagraph 
                        within the time period established by the 
                        order, 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 subparagraph 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 
                        subparagraph (A) has complied fully with this 
                        paragraph.
                            (ii) Hearing.--If a person requests a 
                        hearing under clause (i), 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 submit information 
                        required under this paragraph. A decision by 
                        the Administrator after completion of a hearing 
                        shall be considered to be a final agency 
                        action.
                            (iii) Termination of suspensions.--The 
                        Administrator shall terminate a suspension 
                        under this subparagraph issued with respect to 
                        a person if the Administrator determines that 
                        the person has complied fully with this 
                        paragraph.
            (6) Agency action.--In the case of any substance that is 
        found to have a potential adverse effect on humans as a result 
        of testing and evaluation under this subsection, the 
        Administrator shall take such action, including appropriate 
        regulatory action by rule or by order under statutory authority 
        available to the Administrator, as is necessary to ensure the 
        protection of public health.
            (7) Report to congress.--Not later than 4 years after the 
        date of enactment of this subsection, the Administrator shall 
        prepare and submit to Congress a report containing--
                    (A) the findings of the Administrator resulting 
                from the screening program described in paragraph (1);
                    (B) recommendations for further testing and 
                research needed to evaluate the impact on human health 
                of the substances tested under the screening program; 
                and
                    (C) recommendations for any further actions 
                (including any action described in paragraph (6)) that 
                the Administrator determines are appropriate based on 
                the findings.
    (h) Grants to Alaska to Improve Sanitation in Rural and Native 
Villages.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency may make grants to the State of Alaska for 
        the benefit of rural and Native villages in Alaska to pay the 
        Federal share of the cost of--
                    (A) the development and construction of water and 
                wastewater systems to improve the health and sanitation 
                conditions in the villages; and
                    (B) training, technical assistance, and educational 
                programs relating to the operation and management of 
                sanitation services in rural and Native villages.
            (2) Federal share.--The Federal share of the cost of the 
        activities described in paragraph (1) shall be 50 percent.
            (3) Administrative expenses.--The State of Alaska may use 
        an amount not to exceed 4 percent of any grant made available 
        under this subsection for administrative expenses necessary to 
        carry out the activities described in paragraph (1).
            (4) Consultation with the state of alaska.--The 
        Administrator shall consult with the State of Alaska on a 
        method of prioritizing the allocation of grants under paragraph 
        (1) according to the needs of, and relative health and 
        sanitation conditions in, each eligible village.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary for each of the 
        fiscal years 1996 through 2003 to carry out this subsection.
    (i) Assistance to Colonias.--
            (1) Definitions.--As used in this subsection--
                    (A) Eligible community.--The term ``eligible 
                community'' means a low-income community with economic 
                hardship that--
                            (i) is commonly referred to as a colonia;
                            (ii) is located along the United States-
                        Mexico border (generally in an unincorporated 
                        area); and
                            (iii) lacks basic sanitation facilities 
                        such as a safe drinking water supply, household 
                        plumbing, and a proper sewage disposal system.
                    (B) Border state.--The term ``border State'' means 
                Arizona, California, New Mexico and Texas.
                    (C) Treatment works.--The term ``treatment works'' 
                has the meaning provided in section 212(2) of the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1292(2)).
            (2) Grants to alleviate health risks.--The Administrator of 
        the Environmental Protection Agency and the heads of other 
        appropriate Federal agencies are authorized to award grants to 
        any appropriate entity or border State to provide assistance to 
        eligible communities for--
                    (A) the conservation, development, use and control 
                (including the extension or improvement of a water 
                distribution system) of water for the purpose of 
                supplying drinking water; and
                    (B) the construction or improvement of sewers and 
                treatment works for wastewater treatment.
            (3) Use of funds.--Each grant awarded pursuant to paragraph 
        (2) shall be used to provide assistance to one or more eligible 
        community with respect to which the residents are subject to a 
        significant health risk (as determined by the Administrator or 
        the head of the Federal agency making the grant) attributable 
        to the lack of access to an adequate and affordable drinking 
        water supply system or treatment works for wastewater.
            (4) Operation and maintenance.--The Administrator and the 
        heads of other appropriate Federal agencies, other entities or 
        border States are authorized to use funds appropriated pursuant 
        to this subsection to operate and maintain a treatment works or 
        other project that is constructed with funds made available 
        pursuant to this subsection.
            (5) Plans and specifications.--Each treatment works or 
        other project that is funded by a grant awarded pursuant to 
        this subsection shall be constructed in accordance with plans 
        and specifications approved by the Administrator, the head of 
        the Federal agency making the grant, or the border State in 
        which the eligible community is located. The standards for 
        construction applicable to a treatment works or other project 
        eligible for assistance under title II of the Federal Water 
        Pollution Control Act (33 U.S.C. 1281 et seq.) shall apply to 
        the construction of a treatment works or project under this 
        subsection in the same manner as the standards apply under such 
        title.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        may be necessary for fiscal years 1996 through 2003.

            Passed the Senate November 29, 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1316

_______________________________________________________________________

                                 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.

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