[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2509 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2509

  To amend the Safe Drinking Water Act to prevent the enforcement of 
 certain national primary drinking water regulations unless sufficient 
    funding is available or variance technology has been identified.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2007

    Mr. Inhofe (for himself, Mr. Nelson of Nebraska, and Mr. Hagel) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Safe Drinking Water Act to prevent the enforcement of 
 certain national primary drinking water regulations unless sufficient 
    funding is available or variance technology has been identified.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small System Safe Drinking Water Act 
of 2007''.

SEC. 2. COMPLIANCE AND ENFORCEMENT.

    (a) Guidance.--Section 1412(b)(4)(E) of the Safe Drinking Water Act 
(42 U.S.C. 300g-1(b)(4)(E)) is amended by adding at the end the 
following:
                            ``(vi) Guidance.--As soon as practicable 
                        after the date of enactment of this clause, the 
                        Administrator shall--
                                    ``(I) convene a working group 
                                composed of representatives from 
                                States, small publicly owned water 
                                systems, and treatment manufacturers, 
                                which shall, not later than 180 days 
                                after the date of enactment of this 
                                clause, conduct a study of, and submit 
                                to Congress a report on, barriers to 
                                the use of point-of-use and point-of-
                                entry treatment units, package plants 
                                (including water bottled by the public 
                                water system), and modular units;
                                    ``(II) develop a model guidance 
                                document based on recommendations 
                                received from the working group under 
                                subclause (I) and similar State 
                                guidance documents for distribution to 
                                States to assist States in regulating 
                                and promoting the treatment options 
                                described in subclause (I); and
                                    ``(III) distribute to small water 
                                systems--
                                            ``(aa) the model guidance 
                                        document developed under 
                                        subclause (II); and
                                            ``(bb) such other 
                                        information relating to the 
                                        treatment options described in 
                                        subclause (I) as the 
                                        Administrator considers to be 
                                        appropriate.''.
    (b) Enforcement of National Primary Drinking Water Regulations.--
            (1) Variance technologies.--Section 1412(b)(15)(A) of the 
        Safe Drinking Water Act (42 U.S.C. 300g-1(b)(15)(A)) is 
        amended--
                    (A) by redesignating clauses (i) through (iii) as 
                subclauses (I) through (III), respectively, and 
                indenting appropriately;
                    (B) by striking ``(A) In general.--At the'' and 
                inserting the following:
                    ``(A) Technologies.--
                            ``(i) In general.--At the''; and
                    (C) by adding after the matter following 
                subparagraph (A)(i)(III) (as redesignated by 
                subparagraph (A)) the following:
                    ``(B) Affordability.--In establishing affordability 
                criteria under this subparagraph, the Administrator 
                shall--
                            ``(i) in determining whether a treatment 
                        technology or treatment technique is 
                        affordable, include consideration of costs 
                        associated with complying with all relevant 
                        regulations promulgated in accordance with this 
                        Act and the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.) with which a 
                        municipality or small public water system may 
                        be required to comply;
                            ``(ii) give extra weight to households the 
                        total income of which is below the poverty 
                        level, and to communities that meet the 
                        affordability criteria of a State established 
                        in accordance with section 1452(b)(3)(A)(iii), 
                        as determined by the Administrator; and
                            ``(iii) ensure that the affordability 
                        criteria are not more costly, on a per-capita 
                        basis, to a small public water system than the 
                        cost, on a per-capita basis, to a large water 
                        system of acquiring feasible technology 
                        described in paragraph (4).''.
            (2) State revolving loan funds.--Section 1452 of the Safe 
        Drinking Water Act (42 U.S.C. 300j-12) is amended--
                    (A) by redesignating subsections (n), (o), (p), 
                (q), and (r) as subsection (o), (p), (q), (r), and (s) 
                respectively; and
                    (B) by inserting after subsection (m) the 
                following:
    ``(n) Enforcement.--Before initiating any enforcement action, the 
Administrator or the State shall ensure that sufficient funds have been 
made available under this title to assist each public water system that 
serves fewer than 10,000 individuals in meeting requirements under the 
regulation.''.
    (c) Renewal of Exemption.--Section 1416(b)(2) of the Safe Drinking 
Water Act (42 U.S.C. 300g-5(b)(2)) is amended by striking subparagraph 
(C) and inserting the following:
                    ``(C) In the case of a system that does not serve 
                more than a population of 10,000 and that needs 
                financial assistance for the necessary improvements, an 
                exemption granted under clause (i) or (ii) of 
                subparagraph (B) may be renewed for such period as the 
                State determines to be appropriate, if the system 
                establishes that it is taking all practicable steps to 
                meet the requirements of subparagraph (B).''.
    (d) Research, Technical Assistance, Information, and Training of 
Personnel.--Section 1442 of the Safe Drinking Water Act (42 U.S.C. 
300j-1) is amended--
            (1) in subsection (e)--
                    (A) in the first sentence, by striking ``The 
                Administrator'' and inserting the following:
            ``(1) In general.--The Administrator'';
                    (B) in the second sentence, by striking ``Such 
                assistance'' and inserting the following:
            ``(2) Types of assistance.--Assistance provided under 
        paragraph (1)'';
                    (C) in the third sentence, by striking ``The 
                Administrator'' and inserting the following:
            ``(3) Availability of assistance.--The Administrator'';
                    (D) in the fourth sentence, by striking ``Each 
                nonprofit'' and inserting the following:
            ``(4) Consultation with state.--Each nonprofit''; and
                    (E) by striking the fifth sentence and all that 
                follows through the end of the subsection and inserting 
                the following:
            ``(5) Assistance in complying with rules.--The 
        Administrator shall ensure, to the maximum extent practicable, 
        that each water system serving fewer than 10,000 individuals 
        that is required to comply with Federal drinking water rules 
        receives adequate technical assistance and training to meet the 
        requirements of those final rules, including through assistance 
        to be provided by qualified nonprofit associations with 
        expertise in public water systems.
            ``(6) Priority.--The Administrator shall give priority for 
        assistance under this section to water systems that, as of the 
        date of enactment of this paragraph, are not in compliance 
        with, as determined by the Administrator--
                    ``(A) the final rule entitled `Disinfectants and 
                Disinfection Byproducts' and published by the 
                Administrator on December 16, 1998 (63 Fed. Reg. 
                69390);
                    ``(B) the final rule entitled `Arsenic and 
                Clarifications to Compliance and New Source 
                Contaminants Monitoring' and published by the 
                Administrator on January 22, 2001 (66 Fed. Reg. 6976);
                    ``(C) the final rule entitled `Stage 2 
                Disinfectants and Disinfection Byproducts Rule' and 
                published by the Administrator on January 4, 2006 (71 
                Fed. Reg. 388); and
                    ``(D) the final rule entitled `Ground Water Rule' 
                and published by the Administrator on November 8, 2006 
                (71 Fed. Reg. 65574).
            ``(7) Enforcement action.--Before initiating any 
        enforcement action, the Administrator or the State shall ensure 
        that sufficient funds have been made available under this title 
        to assist each public water system that serves fewer than 
        10,000 individuals in meeting requirements under the 
        regulation.''; and
            (2) by adding at the end the following:
    ``(f) Research and Development Pilot Projects.--
            ``(1) In general.--The Administrator shall establish a 
        research pilot program (referred to in this subsection as the 
        `program') to explore new technologies or approaches that 
        public water systems may use to comply with a public drinking 
        water standard promulgated under this Act.
            ``(2) Responsibilities of administrator.--In carrying out 
        this subsection, the Administrator shall--
                    ``(A) establish an application process that 
                includes criteria that may be used to assess water 
                systems applying for participation in the program;
                    ``(B) based on applications received under 
                subparagraph (A), select 20 communities with various 
                populations and water sources in different regions of 
                the United States for participation in the program;
                    ``(C) fund projects that develop or implement new 
                technologies or approaches for implementation of 
                Federal drinking water standards; and
                    ``(D) coordinate projects with the Arsenic Water 
                Technology Partnership program of the Department of 
                Energy.
            ``(3) Technology transfer and disinfection strategies.--The 
        Administrator shall carry out a pilot program to conduct 
        research into technology transfer issues and disinfection 
        strategies relating to drinking water, including risks 
        associated with the migration to chloramines for the purpose of 
        water disinfection.
            ``(4) Funding.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                subsection and subsection (e) $15,000,000 for each of 
                fiscal years 2008 through 2012.
                    ``(B) Lobbying expenses.--No portion of any State 
                revolving loan fund established under section 1452, and 
                no portion of any funds made available under this 
                subsection, may be used for lobbying expenses.
                    ``(C) Tribal assistance.--Of the amount made 
                available under subparagraph (A) for a fiscal year, at 
                least 3 percent shall be used for technical assistance 
                to public water systems owned or operated by Indian 
                Tribes.''.
    (e) Contaminant Study and Report.--
            (1) Establishment of panel.--The Administrator of the 
        Environmental Protection Agency (referred to in this subsection 
        as the ``Administrator'') shall establish a panel of experts 
        composed of not more than 6 members appointed by the 
        Administrator, of whom--
                    (A) 1 member shall be selected by the 
                Administrator;
                    (B) 1 member shall be appointed based on the 
                recommendation of State water administrators;
                    (C) 3 members shall be appointed based on the 
                recommendation of associations representing public 
                water systems; and
                    (D) 1 member shall be appointed based on the 
                recommendation of the National Academy of Sciences.
            (2) Duties.--The panel of experts shall--
                    (A) conduct a review of studies on the health 
                effects of exposure to arsenic and disinfection 
                byproducts; and
                    (B) not later than 180 days after the date of 
                enactment of this Act, submit to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report that includes--
                            (i) the results of the review; and
                            (ii) an assessment of the most recent 
                        scientific findings relating to the health 
                        effects of exposure to the substances described 
                        in subparagraph (A), including a comparison of 
                        studies and research conducted after the date 
                        on which maximum contaminant levels and maximum 
                        contaminant level goals for those substances 
                        were established in accordance with section 
                        1412 of the Safe Drinking Water Act (42 U.S.C. 
                        300g-1).
                                 <all>