[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Introduced in Senate (IS)]
1st Session
S. 1316
To reauthorize and amend title XIV of the Public Health Service Act
(commonly known as the ``Safe Drinking Water Act''), and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 12 (legislative day, October 10), 1995
Mr. Kempthorne (for himself, Mr. Chafee, Mr. Baucus, Mr. Reid, Mr.
Kerrey, Mr. Dole, Mr. Daschle, Mr. Warner, Mr. Smith, Mr. Faircloth,
Mr. Inhofe, Mr. Thomas, Mr. McConnell, Mr. Jeffords, Mr. Hatch, Mr.
Simpson, Mr. Domenici, Mr. Burns, Mr. Craig, Mr. Bennett, Mr. Exon, Mr.
Conrad, Mr. Hatfield, and Mr. Lautenberg) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
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. Ground water protection.
Sec. 26. Lead plumbing and pipes; return flows.
Sec. 27. Bottled water.
Sec. 28. Assessing environmental priorities, costs, and benefits.
Sec. 29. 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).
``(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.
``(3) Needs assessment.--The Administrator, in consultation
with the Director of the Indian Health Service, 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 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 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;
``(5) as a source of revenue or security for the payment of
interest on a local obligation (all of the proceeds of which
finance a project eligible for assistance under subsection
(b)); and
``(6) 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, 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 10 percent of the amount of the
capitalization grant received by the State for that year.
``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. 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,
1996, 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 before 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 or other law,
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 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
cryptosporidum. 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.
``(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) In general.--In the absence of scientific
evidence suggesting new or more serious health effects
than are suggested by the evidence available on the
date of enactment of this paragraph, for the purposes
of promulgation of a national primary drinking water
regulation for sulfate, notwithstanding the
requirements of paragraphs (4) and (7), the
Administrator shall specify in the regulation--
``(i) a requirement for best technology or
other means under this subsection; and
``(ii) requirements for public notification
and options for the provision of alternative
water supplies to populations at risk as an
alternative means of complying with the
regulation.
``(B) Schedule.--Notwithstanding paragraph (2), the
regulation referred to in subparagraph (A) shall be
promulgated not later than 2 years after the date of
enactment of this paragraph.
``(C) Authority.--Paragraph (6) shall apply to the
national primary drinking water regulation for sulfate
first promulgated after the date of enactment of this
paragraph only if the Administrator reproposes the
national primary drinking water regulation for sulfate
after that date based on evidence suggesting new or
more serious health effects as described in
subparagraph (A).
``(D) 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 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.''.
(b) 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 the time that 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 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, including packaged or modular
systems and point-of-entry treatment units that are
controlled by 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.''.
(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, 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, 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; and
``(vii) 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
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
delineation 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 existing 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;''; 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.''.
(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, 1442, 1445, 1447, 1463, 1464, or 1471;
``(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 or 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 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
(announced at 59 Fed. Reg. 6332 (February 10,
1994));
``(ii) disinfectant and disinfection
byproducts rule (Stage 2) (announced at 59 Fed.
Reg. 6332 (February 10, 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) 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) 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) Residential use.--
``(I) In general.--A connection
described in subclause (II) shall not
be considered to be a connection for
determining whether the system is a
public water system under this title,
if--
``(aa) 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
``(bb) 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) Connections.--A connection
referred to in this subclause is a
connection to a water system that
conveys water by a means other than a
pipe principally for 1 or more purposes
other than residential use (which other
purposes include irrigation, stock
watering, industrial use, or municipal
source water prior to treatment)--
``(aa) for a residential
use (consisting of drinking,
bathing, cooking, or other
similar use); or
``(bb) to a facility for a
use similar to a residential
use.
``(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 and the residential users of the system
comply with subclauses (I) and (II) of clause
(i).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect 1 year after the date of enactment of this
Act.
SEC. 25. 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......................................20,000,000.''.
(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......................................35,000,000.''.
(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......................................20,850,000.''.
(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.
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.
``(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 180-day 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 180-day 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.''.
SEC. 28. ASSESSING ENVIRONMENTAL PRIORITIES, COSTS, AND BENEFITS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Adverse effect on human health.--The term ``adverse
effect on human health'' includes any increase in the rate of
death or serious illness, including disease, cancer, birth
defects, reproductive dysfunction, developmental effects
(including effects on the endocrine and nervous systems), and
other impairments in bodily functions.
(3) Risk.--The term ``risk'' means the likelihood of an
occurrence of an adverse effect on human health, the
environment, or public welfare.
(4) Source of pollution.--The term ``source of pollution''
means a category or class of facilities or activities that
alter the chemical, physical, or biological character of the
natural environment.
(b) Findings.--Congress finds that--
(1) cost-benefit analysis and risk assessment are useful
but imperfect tools that serve to enhance the information
available in developing environmental regulations and programs;
(2) cost-benefit analysis and risk assessment can also
serve as useful tools in setting priorities and evaluating the
success of environmental protection programs;
(3) cost and risk are not the only factors that need to be
considered in evaluating environmental programs, as other
factors, including values and equity, must also be considered;
(4) cost-benefit analysis and risk assessment should be
presented with a clear statement of the uncertainties in the
analysis or assessment;
(5) current methods for valuing ecological resources and
assessing intergenerational effects of sources of pollution
need further development before integrated rankings of sources
of pollution based on the factors referred to in paragraph (3)
can be used with high levels of confidence;
(6) methods to assess and describe the risks of adverse
human health effects, other than cancer, need further
development before integrated rankings of sources of pollution
based on the risk to human health can be used with high levels
of confidence;
(7) periodic reports by the Administrator on the costs and
benefits of regulations promulgated under Federal environmental
laws, and other Federal actions with impacts on human health,
the environment, or public welfare, will provide Congress and
the general public with a better understanding of--
(A) national environmental priorities; and
(B) expenditures being made to achieve reductions
in risk to human health, the environment, and public
welfare; and
(8) periodic reports by the Administrator on the costs and
benefits of environmental regulations will also--
(A) provide Congress and the general public with a
better understanding of the strengths, weaknesses, and
uncertainties of cost-benefit analysis and risk
assessment and the research needed to reduce major
uncertainties; and
(B) assist Congress and the general public in
evaluating environmental protection regulations and
programs, and other Federal actions with impacts on
human health, the environment, or public welfare, to
determine the extent to which the regulations,
programs, and actions adequately and fairly protect
affected segments of society.
(c) Report on Environmental Priorities, Costs, and Benefits.--
(1) Ranking.--
(A) In general.--The Administrator shall identify
and, taking into account available data (to the extent
practicable), rank sources of pollution with respect to
the relative degree of risk of adverse effects on human
health, the environment, and public welfare.
(B) Method of ranking.--In carrying out the
rankings under subparagraph (A), the Administrator
shall--
(i) rank the sources of pollution
considering the extent and duration of the
risk; and
(ii) take into account broad societal
values, including the role of natural resources
in sustaining economic activity into the
future.
(2) Evaluation of regulatory and other costs.--In addition
to carrying out the rankings under paragraph (1), the
Administrator shall estimate the private and public costs
associated with each source of pollution and the costs and
benefits of complying with regulations designed to protect
against risks associated with the sources of pollution.
(3) Evaluation of other federal actions.--In addition to
carrying out the requirements of paragraphs (1) and (2), the
Administrator shall estimate the private and public costs and
benefits associated with major Federal actions selected by the
Administrator that have the most significant impact on human
health or the environment, including direct development
projects, grant and loan programs to support infrastructure
construction and repair, and permits, licenses, and leases to
use natural resources or to release pollution to the
environment, and other similar actions.
(4) Risk reduction opportunities.--In assessing risks,
costs, and benefits as provided in paragraphs (1) and (2), the
Administrator shall also identify reasonable opportunities to
achieve significant risk reduction through modifications in
environmental regulations and programs and other Federal
actions with impacts on human health, the environment, or
public welfare.
(5) Uncertainties.--In evaluating the risks referred to in
paragraphs (1) and (2), the Administrator shall--
(A) identify the major uncertainties associated
with the risks;
(B) explain the meaning of the uncertainties in
terms of interpreting the ranking and evaluation; and
(C) determine--
(i) the type and nature of research that
would likely reduce the uncertainties; and
(ii) the cost of conducting the research.
(6) Consideration of benefits.--In carrying out this
section, the Administrator shall consider and, to the extent
practicable, estimate the monetary value, and such other values
as the Administrator determines to be appropriate, of the
benefits associated with reducing risk to human health and the
environment, including--
(A) avoiding premature mortality;
(B) avoiding cancer and noncancer diseases that
reduce the quality of life;
(C) preserving biological diversity and the
sustainability of ecological resources;
(D) maintaining an aesthetically pleasing
environment;
(E) valuing services performed by ecosystems (such
as flood mitigation, provision of food or material, or
regulating the chemistry of the air or water) that, if
lost or degraded, would have to be replaced by
technology;
(F) avoiding other risks identified by the
Administrator; and
(G) considering the benefits even if it is not
possible to estimate the monetary value of the benefits
in exact terms.
(7) Reports.--
(A) Preliminary report.--Not later than 1 year
after the date of enactment of this Act, the
Administrator shall report to Congress on the sources
of pollution and other Federal actions that the
Administrator will address, and the approaches and
methodology the Administrator will use, in carrying out
the rankings and evaluations under this section. The
report shall also include an evaluation by the
Administrator of the need for the development of
methodologies to carry out the ranking.
(B) Periodic report.--
(i) In general.--On completion of the
ranking and evaluations conducted by the
Administrator under this section, but not later
than 3 years after the date of enactment of
this Act, and every 3 years thereafter, the
Administrator shall report the findings of the
rankings and evaluations to Congress and make
the report available to the general public.
(ii) Evaluation of risks.--Each periodic
report prepared pursuant to this subparagraph
shall, to the extent practicable, evaluate risk
management decisions under Federal
environmental laws, including title XIV of the
Public Health Service Act (commonly known as
the ``Safe Drinking Water Act'') (42 U.S.C.
300f et seq.), that present inherent and
unavoidable choices between competing risks,
including risks of controlling microbial versus
disinfection contaminants in drinking water.
Each periodic report shall address the policy
of the Administrator concerning the most
appropriate methods of weighing and analyzing
the risks, and shall incorporate information
concerning--
(I) the severity and certainty of
any adverse effect on human health, the
environment, or public welfare;
(II) whether the effect is
immediate or delayed;
(III) whether the burden associated
with the adverse effect is borne
disproportionately by a segment of the
general population or spread evenly
across the general population; and
(IV) whether a threatened adverse
effect can be eliminated or remedied by
the use of an alternative technology or
a protection mechanism.
(d) Implementation.--In carrying out this section, the
Administrator shall--
(1) consult with the appropriate officials of other Federal
agencies and State and local governments, members of the
academic community, representatives of regulated businesses and
industry, representatives of citizen groups, and other
knowledgeable individuals to develop, evaluate, and interpret
scientific and economic information;
(2) make available to the general public the information on
which rankings and evaluations under this section are based;
and
(3) establish, not later than 2 years after the date of
enactment of this Act, methods for determining costs and
benefits of environmental regulations and other Federal
actions, including the valuation of natural resources and
intergenerational costs and benefits, by rule after notice and
opportunity for public comment.
(e) Review by the Science Advisory Board.--Before the Administrator
submits a report prepared under this section to Congress, the Science
Advisory Board, established by section 8 of the Environmental Research,
Development, and Demonstration Act of 1978 (42 U.S.C. 4365), shall
conduct a technical review of the report in a public session.
SEC. 29. 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)''.
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