I 111th CONGRESS 2d Session H. R. 4798 IN THE HOUSE OF REPRESENTATIVES March 9, 2010 Mr. Simpson (for himself and Mr. Conaway) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To allow small public water systems to request an exemption from the requirements of any national primary drinking water regulation for a naturally occurring contaminant, and for other purposes.

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Short title

This Act may be cited as the Small Community Options for Regulatory Equity Act of 2010.

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Exemption for nonprofit small public water systems respecting naturally occurring contaminants

The Safe Drinking Water Act (42 U.S.C. 300f et seq.) is amended by inserting after section 1416 the following:

1416A.

Exemption for nonprofit small public water systems respecting naturally occurring contaminants

(a)

Exemption

A State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator in any nonprimacy State) shall exempt any nonprofit small public water system that submits a request in accordance with subsection (b) from the requirements of any national primary drinking water regulation for a naturally occurring contaminant. (b)

Request

To seek an exemption under this section, a nonprofit small public water system— (1)shall submit a written request to the State exercising primary enforcement responsibility with respect to the system (or the Administrator in any nonprimacy State); and (2)shall include in such request a finding under subsection (c). (c)

Economic feasibility

(1)

Finding

To seek an exemption under this section, a nonprofit small public water system must find that compliance by the system with the national primary drinking water regulation involved is not economically feasible. (2)

No review

A finding by a nonprofit small public water system under this subsection shall not be subject to judicial or administrative review. (d)

Definitions

In this section: (1)The term naturally occurring contaminant includes arsenic, radon, radium, uranium, and any contaminant that is a disinfection byproduct (including bromate, chlorite, haloacetic acids, and total trihalomethanes). (2)The term small public water system means a public water system serving 10,000 or fewer persons.

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